HomeMy WebLinkAbout08-18-1997RECORD ..OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
RegularCAdjourrned eetingTlvo ' 19 INAugusstT18, 1997 5 35
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President John Hunziker called the meeting to order at 7:00 P.M. with the
following members being present: Councilmembers Ed Hruska, Marcia Marcoux,
Jean McConnell, David Senjem and Walter Stobaugh. Absent: Councilmember
Mack Evans.
B-1 A Hearing on Project No. 9704 (J-9420) "Extension of Sanitary Sewer to Serve a
Portion of Bandel Road N.W."
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
443-97 ordering Project No. 9704 (J-9420) "Extension of Sanitary Sewer to
Serve a Portion of Bandel Road N.W." to be made. Ayes (6), Nays (0). Motion
carried.
B-2 A hearing on Type III, Phase II Zoning District Amendment #97-8 by Floyd
Whipple to rezone approximately 0.9 acres of land from the R-1 to the B-1 district
on vacant land located on the east side of Marion Road S.E., south of its
intersection with Eastwood Road S.E. and just north of Grandview Memorial
Gardens.
Wishing to be heard was Jeff Thompson, 2258 Marion Road S.E., representing
Mark Cassidy. Mr. Cassidy has purchased the land from Floyd Whipple and will
be establishing a trade shop on the site. Mr. Thompson made himself available
for questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Hruska seconded, to approve Zoning District
Amendment #97-8 by Floyd Whipple with four Planning staff findings and instruct
the City Attorney to prepare the required ordinance. Ayes (6), Nays (0). Motion
carried.
B-3 A Hearing on 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".
Wishing to be heard was Leslie McGillivray, McGhie & Betts, 1648 Third Avenue
S.E., representing the applicant and available for any questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
444-97 ordering 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" to be made. Ayes (6), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5O3G CITY OF ROCHESTER, MINNESOTA
Regular A iourned Meeting No- 19 - August 18, 1997
Agenda
Item
B-4 A Hearing on Final Plat #97-21 to be known as Manor Woods West Eighth
Subdivision.
Mike Nigbur, Public Works Department, noted that the grading and drainage plan
had been received and is currently being reviewed by the Department. He
suggested that the Council approve the Final Plat but that it not be recorded until
final approval of the grading and drainage plans had been received from Public
Works.
Wishing to be heard was Leslie McGillivray, McGhie & Betts, 1648 Third Avenue
S.E., representing the applicant. She noted that they were in agreement with the
conditions as recommended by the staff.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
445-97 approving Final Plat #97-21 to be known as Manor Woods West Eighth
Subdivision with three conditions recommended by the Planning Staff and
subject to the approval of the grading and drainage plans by the Public Works
Department. Ayes (6), Nays (0). Motion carried.
B-5 A Hearing on General Development Plan #110 to Amend the Approved Plan for
the Area Known as Eagle Ridge.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant and available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Stobaugh seconded, to approve General
Development Plan #110 to Amend the Approved Plan for the Area Known as
Eagle Ridge with one condition and instruct the City Attorney to prepare Findings
of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
B-6 A Hearing on Type III, Phase II, Land Subdivision Permit #97-24 to be Known as
Eagle Ridge Third Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant and available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Marcoux seconded, to approve Land
Subdivision Permit #97-24 to be Known as Eagle Ridge Third Subdivision with
two conditions and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
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The City Council asked the Public Works Director to advise the developer to
utilize Wimbledon Hills Drive and not 23rd Avenue/4th Street SW for construction
vehicle access.
B-7 A Hearing for Annexation by Ordinance Petition #97-12 by James and Drusilla
Easley, Michael and Susan Kasos, Helen Erickson, Denise Holt and Pat Kinyon
to Annex 1.25 acres of land to include Lots 2 and 3, Block 3, and Lots 5 and 7,
Block 2 and the abutting right-of-way, Rose Harbor First Subdivision, in a part of
the Northeast 1/4, Section 7, Marion Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation
by Ordinance Petition #97-12 and instruct the City Attorney to prepare the
required Ordinance for adoption. Ayes (6), Nays (0). Motion carried.
B-8 A Hearing on Vacation Petition #97-9 by Fineshelter Development to vacate
existing utility easements on property located south of T.H. 14, west of 4th
Avenue S.W. and Graham Addition, east of the Zumbro River and also to vacate
that portion of 12th Street S.W. located north of and adjacent to Lot 1, Block 1,
Graham Addition.
Wishing to be heard was Bill Tointon, McGhie & Betts, 1648 Third Avenue S.E.,
representing the applicant. Mr. Tointon noted that the utility and street
easements are no longer needed for the proposed project. Mr. Tointon also
noted that in regard to condition one, they would like the vacations
simultaneously recorded so that they don't show up on the plat.
Councilmembers Stobaugh moved, to adopt Resolution No. 446-97 approving
Vacation Petition #97-9 by Fineshelter Development with two conditions
amending condition one to have the vacation recorded simultaneously with the
final plat. Discussion.
Richard Freese, Public Works Director, asked that the third condition be clarified
and should read "The Crystal Car Wash shall be secured by either the City or
HyVee, Inc., prior to the vacation of a portion of 12th Street S.W. between 3rd
Avenue and 4th Avenue S.W.".
Councilmember Marcoux seconded the motion with the changes to condition one
and three. Ayes (4), Nays (2). Motion carried. Councilmembers Hruska and
McConnell voted nay.
B-9 A Hearing on Fire Code Appeal By Jake Muldrow to the Provisions of R.C.O.
55.09
Lyle Felsch, Rochester Fire Prevention Bureau, was available to answer any
questions from the Council. He noted that Mr. Muldrow has been trying to
secure funding through several housing rehab programs to offset the expense of
this item which could run to $2,000 to $5,000 for a fire alarm system.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5038 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Agenda
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Councilmembers were concerned that Mr. Muldrow was not available to answer
any questions from the Council or discuss his request for appeal. It was not
known whether Mr. Muldrow had received information that the item would be on
the Council agenda for the August 18th meeting.
Councilmembers Stobaugh moved, McConnell seconded, to continue the hearing
until the September 3rd, 1997 Council meeting. Ayes (6), Nays (0). Motion
carried.
A Hearing on Final Plat #97-20 to be known as Northern Heights North
Townhomes Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant. Mr. Borcherding noted that the grading and drainage
plan and the performance zoning information had been submitted approximately
three weeks ago. He stated that the final plan differs from the preliminary plan
that was four-plexes rather than twin-plexes decreasing the density of this area.
He asked that the staff be agreeable to the approval of this plan this evening
since it is not necessary to bring the performance zoning plan before the Council.
Mitzi Baker, Planning Department, asked that the Final Plat be tabled for two
weeks in the event that there are any changes to the performance zoning
information that may require lot lines to be moved.
Terry Adkins, City Attorney, stated that there is information indicating that the
preliminary and final plans differ and the matter should not proceed until the final
complies with the preliminary. He stated that State law does not allow us to
attach new conditions to the final unless they were placed on the preliminary
plan or are required by the zoning ordinance.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember McConnell moved, Stobaugh seconded, to continue the hearing
to September 3, 1997. Ayes (6), Nays (0). Motion carried.
A Hearing on Final Plat #97-18 to be known as White Oaks Second Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, 1648 Third Avenue
S.E., representing the applicant and available for questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No
447-97 approving Final Plat #97-18 to be known as White Oaks Second
Subdivision with two conditions. Ayes (6), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Agenda
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B-12 I A Hearing on Project No. 9714 (J-9436) "Sanitary Sewer and Watermain to
Serve a Portion of Pinewood Road S.E.".
Wishing to be heard was Delos Schoonover, 2717 Pinewood Road S.E. Mr.
Schoonover was concerned that the depth of the sanitary sewer was not going to
be sufficient to allow gravity flow drainage from his property resulting in the
placement of a lift station in order for him to utilize it. He did not feel that the
Council should approve a project that wasn't going to work; a lift station was not
an acceptable solution to the problem.
Don MacGillivrary, Public Works, explained that the elevation of the sewer on
Pinewood Road is controlled by an existing manhole near Pinewood School.
The line will be installed at its lowest possible elevation past Mr. Schoonover's
property.
Wishing to be heard was Greg Horsman, 2601 Pinewood Road. Mr. Horsman
was asking how the total cost of the project was arrived at. It was noted to Mr.
Horsman that the frontage of both the north and south sides of the road were
figured. Mr. Horsman also asked how his 1200 front foot assessment would be
figured and how the wetlands were or were not a part of the cost.
Richard Freese, Public Works Director, explained how the connection policy
works in that a homeowner has three years from the date of Council approval of
the project to sign the agreement thereby locking in the price that he will be
charged. The only persons actually receiving a billing will be the three
petitioners. Other property owners will be billed for service only after they
request to be connected.
Wishing to be heard was Bob Schoen, 2802 Pinewood Road S.E., asking when
the project would be going for bids if approved tonight. He also asked if the
General Development Plan had been received from Mr. Penz.
Wishing to be heard was Brian Hultz, 2421 23rd Avenue S.E. Mr. Hultz has a
corner lot and was asking about the availability of water and sewer to the two
sides of his home and which would be the most economical.
Wishing to be heard was Scott Mackey , 2824 Pinewood Road S.E., asking the
approximately location of where the water and sewer lines stopped by his
property.
Wishing to be heard was Brian Hultz, 2421 23rd Avenue S.E., asking if he is
responsible for hiring a private contractor to run the line from the road to his
home, or if the City installs the line to the house.
Wishing to be heard was Tom Dawson, 2482 Pinewood Road S.E., asking about
maintaining the private well after hookup to City water.
Agenda
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B-14
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Councilmember McConnell expressed concern about the project saying that he
did not believe that the City should be extending into property that you have to
go into non -City property to get to.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
448-97 approving Project No. 9714 (J-9436) "Sanitary Sewer and Watermain in
Pinewood Road S.E. from Pinewood School to Fairview Court S.E."
A Hearing on Type III, Phase II, Restricted Development, Preliminary Plan #96-
17, by Mathy Construction Company to permit mining on property located north
of Second Street S.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, 1648 Third Avenue S.E.,
representing the applicant, Mathy Construction Company. Mr. Tointon noted that
the mining operation will be conducted on property owned by Mathy
Construction. He stated that there were 11 conditions; they were in agreement
with all the conditions except number three. They will be using 23rd Street S.W.
as a haul road. Condition three states that the haul road must be at least 100
feet from any existing structure. Ms. Ruth Maxon lives directly off 23rd Street.
She has written a letter noting that she has no objection with Mathy Construction
using the roadway as a haul road. Mr. Tointon also noted condition four dealing
with stockpiling of materials. He noted that there will be no long-term stockpiling
but some will occur for short periods of time. Mr. Tointon also asked that the
final plan for the project be waived.
Councilmember Marcoux expressed concern that the trucks will be exiting onto
Second Street S.W.. She noted that the situation may have to be monitored with
the changes in Second Street S.W. and TH 52 occurring with the construction on
TH 52.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No.
449-97 approving Restricted Development, Preliminary Plan #96-17 by Mathy
Construction Company with 11 conditions modifying conditions 3 and 4. Ayes
(6), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to waive the final plan.
Ayes (6), Nays (0). Motion carried.
A Hearing on Final Plat #97-27 to be known as Salem Sound Fifth Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, 1648 Third Avenue
S.E., representing Lowell Penz, the applicant. He briefly reviewed the proposed
project which is to contain 14 lots for single family homes. He noted that it is
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
RegularCAdjourrned MeetingTUAINAEgu A18 1997 5041
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requested that the grading plan be waived since the work being done is a part of
the mining permit. They have no objection to the first two conditions
recommended by the Planning Staff. The third condition was discussed with
Public Works and they are only concerned that Lots 2, 3 and 4 are unbuildable
based on the topography given them on the grading plan; Mr. Yockey is
requesting that only these three lots are subject to the grading plan. Flood
elevation protection will be provided although the DNR, the Corps of Engineers
and McGhie & Betts are working together to amend the flood maps. On an
interim basis, these homes may have to have flood insurance.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Richard Freese, Public Works Director, noted that condition two presents a
discrepancy with early Council discussions, and the possibility of the proposed
private street becoming a through City street in the future. Gary Neumann,
Assistant City Administrator, suggested that the Council adopt the proposal as it
is proposed and deal with the issue at a later date when the street may meet the
criteria.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
450-97 approving Final Plat #97-27 to be known as Salem Sound Fifth
Subdivision with four conditions, amending condition three to pertain to lots 2, 3
and 4 only. Ayes (6), Nays (0). Motion carried.
B-15 Type III, Phase II Land Subdivision Permit #97-22 by Michael Younge to be
known as Lincolnshire North Second Subdivision, Located South of 48th Street
N.W. and West of 31st Avenue N.W.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant. Mr. Borcherding noted that there were no problems
with the six conditions as recommended.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Hruska seconded, to approve Land Subdivision
Permit #97-22 to be known as Lincolnshire North Second Subdivision with six
conditions as recommended and instruct the.City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
B-16 A hearing on Type III, Phase II Incentive Development Preliminary Plan
Conditional Use Permit #97-14 and Site Planning Permit by Joe Powers to permit
the construction of a restaurant and its associated parking upon the property
located along the south side of First Street S.W. and the north side of Second
Street S.W. at the intersection of 12th Avenue S.W..
Wishing to be heard was Bill Tointon, McGhie & Betts, 1648 Third Avenue S.E.,
representing the applicant. Mr. Tointon briefly reviewed the proposed restaurant
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5042 CITY OF ROCHESTER, MINNESOTA
Regular Adiourned Meeting No. 19 - August 18, 1997
Agenda
Item
B-17
C-2-3,
5-6,
8-9
C-1
C-2
DO W
and parking lot development for 12th Avenue S.W. and 2nd Street S.W. noting
the yard setbacks requested, the parking access and the buffers. Mr. Tointon
agreed with the five conditions recommended noting that condition #1 has been
submitted to the Planning Staff.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
451-97 approving Incentive Development Preliminary Plan Conditional Use
Permit #97-14 and Site Planning Permit by Joe Powers with five conditions as
recommended. Ayes (6), Nays (0). Motion carried.
Type III, Phase III, Mixed Use Development #97-15 by the City of Rochester to
permit the Old City Hall to be converted to a multi -family residential development
on property located on Lots 10, 11 and 12, block 19, Original Plat.
Wishing to be heard was Christy Montour -Larson, representing the Rochester
Civic Theater. Ms. Montour -Larson was concerned because the proposal for the
Old City Hail was asking for tax increment dollars thus using funding also
requested by the Rochester Civic Theater.
Doug Knott, Downtown Development, stated that several large projects, including
the Woolworth building, hotel, Old City Hall and parking ramp, will be using what
dollars are available.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
452-97 approving Mixed Use Development #97-15 for the Old City Hall with eight
findings and two conditions as recommended. Ayes (6), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Marcoux seconded, to approve the following
licenses and bonds:
See at end of C Section.
Adopt Resolution No. 453-97 retaining Barr Engineering for Flood Insurance
Study review services at a cost not to exceed $5,000.
Adopt Resolution No. 454-97 supporting the application of Reichel Foods, 3706
Enterprise Drive S.W., for a loan of $100,000 from the Southeastern Minnesota
Initiative Fund (SEMIF).
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C-4 I See at end of C Section.
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C-6
C-7
C-8
C-9
C-1
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Approve Accounts Payable in the amount of $1,291,711.43.
Adopt Resolution No. 455-97 approving the financing of the Olmsted Medical
Center Satellite Clinic at 43rd Street N.w. and West Frontage Road.
See at end of C Section.
Adopt Resolution No. 456-97 authorizing the City Clerk to advertise for bids on
September 10, 1997 for Project No. 9704 (J-9423) "Sanitary Sewer to Serve
Rose Harbor 1st Subdivision".
Approve the change of street name in Century Hills First Subdivision from Homer
Lane N.E. to Rim Rock Lane N.E. and instruct the City Attorney to prepare the
required Ordinance for adoption.
Ayes (6), Nays (0). Motion carried.
Councilmember Hruska asked that item E-13 of the July 21, 1997 minutes
dealing with Enactment of a False Alarm Ordinance be amended. He noted that
Councilmember Evans, as well as himself, voted nay on the motion to table the
item.
Councilmembers Hruska moved, Stobaugh seconded, to approve the minutes of
the July 21, 1997 minutes as amended and the August 4, 1997 minutes as
presented. Ayes (6), Nays (0). Motion carried.
Councilmember Senjem moved to approve the licenses and miscellaneous
activities with the exception of the House Moving Permit by Meger Enterprises.
Councilmember Senjem noted that they had indicated that the house would be
moved on Wednesday morning, August 20th, but was instead moved on early
Monday morning, August 18th, and, therefore, they did not have a valid permit to
move. There was no second to the motion. Discussion.
Judy Scherr, City Clerk, explained that Meger Enterprises had secured an
application and had the appropriate departmental approvals and payment of fees.
She indicated that the house to be moved had been approved to be moved by
another mover; the Police Department had indicated that the weekend was the
most appropriate time for moving, but the mover had indicated that they wouldn't
be ready until Wednesday.
Councilmembers Senjem moved, Stobaugh seconded, to approve the following
licenses and miscellaneous activities:
Beer On Sale 3.2
Rochester Sports Authority for Rochester Mustangs at the Recreation
Center.
Heating Contractor
Johnson Controls, Inc., Milwaukee, Wisconsin
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5044 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Agenda
Item
C-7
Dance - Temporary
St. Francis of Assisi Catholic Church, 338 11th Avenue S.E. - 60th
Birthday of Church
Gambling - Premise Renewal
American Legion Post #92, 315 First Avenue N.W.
Gambling - Temporary Raffle
Ronald McDonald House - Rochester International Airport - September 6,
1997
Liquor On Sale Temporary
St. Francis of Assisi Catholic Church, 338 11th Avenue S.E. - 60th
Birthday of Church
Master Installer
Robert A. Decklever, Byron
Master Plumber
Burgess Plumbing & Heating, Inc., Norwood, Minnesota
Moving Permit - House
Meger Enterprises, Belle Plaine - moving house at 1821 16th Avenue
N.W.
Sound Amplification Permit
William Jacobsen, 4432 Durham Lane N.W. - Block Party - September 1,
1997
Holiday Inn -South, 1630 South Broadway - band on west lot of Holiday
Inn -South - September 5, 1997 - waive time restriction to 11:00 P.M.
IBM Reception and Dinner - Central Park - August 19, 1997 - waive time
restriction to 10:00 P.M.
Miscellaneous Activities
National REGAP Network Walk-A-Thon for Rescued Greyhounds - Silver
Lake Park - October 12, 1997
Take Back the Night March - start and finish at Government Center -
September 13, 1997
Ayes (6), Nays (0). Motion carried.
Councilmember Marcoux asked whether allowing for -hire carriage rides within
City parks would interfere with other park activities. She was told that the rides
will be coordinated with the Park Department as will all other activities and
should pose no problem for the users of the parks. The vendor will need to keep
the parks clean and will provide proof of insurance to the Park Department.
RECORD.,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Councilmembers Marcoux moved, Stobaugh seconded, to approve horse-drawn
for -hire carriage rides in the parks and instruct the City Attorney to prepare the
required Ordinance for adoption. Ayes (6), Nays (0). Motion carried.
D-1 Councilmember Marcoux wished to thank EconoFoods, KTTC-TV, the Fire
Prevention Bureau and the Sheriffs Department for doing a successful kids ID
program last weekend. Approximately 650 children participated in the
identification program.
E-1 Councilmembers Senjem moved, Stobaugh seconded, to approve the relocation
of the Farmers Market from the Old City Hall parking lot to the old Library
parking lot commencing on Saturday, September 20th. Discussion.
Councilmember Hruska expressed a concern over the number of people selling
produce on street corners, private lots and other locations around Rochester. He
noted that a number of these people are from outside the County; he asked if a
permit could be issued to all produce vendors so that it was known who was in
town selling what products.
Judy Scherr, City Clerk, stated that State Statutes and local ordinances do not
allow for the City to issue a peddlers permit for those individuals selling their own
produce. She noted that peddlers permits are issued by the City only in the
instance of persons, other than those with home-grown produce, going door -to
door or on public property. For persons selling from private property, licensing is
done by the Olmsted County Auditor's Office. She stated that the Clerk's Office
will take a look at other cities in the State and see how they are registering
peddlers within their jurdistrictions.
Ayes (6), Nays (0). Motion carried.
E-2 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
457-97 and 457A-97 approving and authorizing the Old City Hall Redevelopment
Agreement Execution with ROCH, LLC. Discussion.
Councilmember Senjem asked if the City would have access to -anything that
would be of a historical nature; i.e., cornerstone with a time capsule. Mac
Hamilton, one of the developers, stated that they are going to try to utilize any of
the historical part of the building that they can but anything that cannot be used
will be made available to the City. In regard to a possible time capsule, he did
not feel that it would be a problem to take that.
Ayes (6), Nays (0). Motion carried.
E-3 Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
458-97 entering into a settlement agreement with the defendants in Richard
Wilker and the City of Rochester v. Balmur. et al, regarding the reimbursement to
the City of worker's compensation benefits previously provided to Richard Wilker.
Ayes (6), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Agenda
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Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
459-97 entering into an agreement with Sebesta Blomberg & Associates, Inc. to
provide professional engineering services relative to performance contracts for
the City of Rochester. Ayes (6), Nays (0). Motion carried.
Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
460-97 approving Annexation Petition #97-14 by Hartman Farms, Inc. for 27.17
acres of land in a part of the NE 1/4, Section 29, Cascade Township, approve
the orderly annexation agreement with Cascade Township which provides
payments to the Township at declining rates, and agree to not initiate annexation
of the "Osmun Property" within five years of this agreement even though such
property may be entirely surrounded by City lands in the near future. Ayes (6),
Nays (0). Motion carried.
Councilmembers Senjem moved, McConnell seconded, to initiate a text
amendment to the zoning ordinance clarifying the criteria for review and approval
or denial of Final Plat applications. Ayes (6), Nays (0). Motion carried.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
461-97 authorizing the staff to acquire the access rights to TH 63 for $5,000 from
All Pointe Development. Ayes (6), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
462-97 awarding the low bid of $64,988.00 to S.L. Contracting, Inc. 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". Ayes (6), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
463-97 entering into assessment agreements with property owners for Project
No. 3-1996 (J-2174) "Storm Sewer Extension and Side Yard Lateral on 18th
Street S.E. West of 8th Avenue S.E.". Ayes (6), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 464-97 awarding the low bid of $57,154.50 to Swenke Company, Inc. for
Storm Sewer Project No. 3-1996 (J-2174) "Storm Sewer Extension and Side
Yard Lateral on 18th Street S.E. West of 8th Avenue S.E.". Ayes (6), Nays (0).
Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
465-97 awarding the low bid of $408,095.75 to Road Constructors 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". Ayes (6), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
466-97 awarding the low bid of $9,376.00 to Elcor Construction Company for
Project No. J-9405 "Extension of Storm Sewer and Drain Tile Lateral Among the
Common Rear Lot Line of 8 Lots Between 42nd Street and 43rd Street N.W."
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997 5047
Agenda
Item
contingent upon receipt of signed assessment agreements from property owners.
Ayes (6), Nays (0). Motion carried.
E-13 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
467-97 approving the execution of a Consent and Acknowledgement, and related
documentation, concerning a substitute letter of credit for the Seneca Foods
Industrial Revenue Development Bond. Ayes (6), Nays (0). Motion carried.
F-2a An Ordinance Rezoning Certain property and Amending Ordinance No. 2785,
Known As the Zoning Ordinance and Land Development Manual for the City of
Rochester Minnesota, was given a first reading. (East of Marion Road S.E.,
south of its intersection with Eastwood Road S.E., north of Grandview Memorial
Gardens)
F-2b An Ordinance Annexing to the City of Rochester Approximately 1.25 Acres of
Land Located in the West Half of the Northeast Quarter of Section 7, Township
106 North, Range 13 West, Olmsted County, Minnesota, was given a first
reading. (A portion of Oak Court S.E., which lies on the north side of 15th Street
S.E. and east of 24th Avenue S.E.)
F-2c An Ordinance Creating and Enacting Section 45.071, and Amending and
Reenacting Sections 45.04, 45.07, and 45.16, of the Rochester Code of
Ordinances, Relating to the Use of Parks and Parkways in the City of Rochester,
was given a first reading.
F-2d An Ordinance Amending Section 75.01 of the Rochester code of Ordinances,
Relating to the Names of the Streets Platted in Century Hills First Subdivision,
was given a first reading.
F-2e An Ordinance Annexing to the City of Rochester A Portion of the Northwest
Quarter of Section 29, Township 107 North, Range 14 West, Olmsted County,
Minnesota, was given a first reading. (West Circle Drive, North of 19th Street
N.W.)
F-3a 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 second reading.
Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (6), Nays (0). Motion carried. (Clemens Property - PEMSTAR)
F-3b An Ordinance Repealing Chapter 103 of the Rochester Code of Ordinances,
Relating to Cigarettes and Cigarette Paper, was given a second reading.
Councilmembers Hruska moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (6), Nays (0). Motion carried.
F-3c An Ordinance Amending and Renenacting 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
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5048 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - August 18, 1997
Agenda
Item
F-4a
reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the
Ordinance as read. Ayes (6), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 468-97 entering into an owner agreement with White Oaks Development of
Rochester, Inc. and Road Constructors, Inc. for Project No. J-9433 'Basic
Construction in White Oaks Second Subdivision". Ayes (6), Nays (0). Motion
carried.
Having no further business, Councilmembers Senjem moved, Stobaugh
seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried.
c7x-4 4 J A , I - -, //� J
City Clerk
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