HomeMy WebLinkAbout09-15-1997RECORD ,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular Adjourned OeOeY1ng �o. M ep eynDe'r 15, 1997 5061
Agenda
Item
President John Hunziker called the meeting to order at 7:00 P.M. with the
following members present: Councilmembers Evans, Hruska, Marcoux,
McConnell, Senjem and Stobaugh. Absent: None.
B-1 ! A Hearing on 1998 Community Development Block Grant (CDBG) Appropriation.
Wishing to be heard was Trent Fluegel, representing the Rochester Area Family
Y. Mr. Fluegel asked the Council to consider the "Y's" request for CDBG funding
to make improvements to the special needs locker room.
Wishing to be heard was Joe Ellis, 614 Sixth Avenue S.E. Mr. Ellis is a member
and frequent user of the "Y" facility. He must use the special needs locker room,
which is coed, and which must serve a number of people at one time. He asked
that the money to expand the special needs locker area be granted.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve the 1998
allocations for Community Development Block Grant (CDBG) funds as
recommended on the Request for Council Action. Ayes (7), Nays (0). Motion
carried.
B-2 A Hearing on Zoning District Amendment #97-9 by PEMSTAR, Inc. to rezone
from the R-1 to the M-1 District property immediately west of the Rochester
Technology Park and south of the Circle Drive Corporate Park.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hruska seconded, to approve Zoning District
Amendment #97-9 by PEMSTAR and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on Annexation by Ordinance Petition #97-15 by Hartman Farms, Inc.
to Annex land located west of West Circle Drive and north of 19th Street N.W.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, McConnell seconded, to approve Annexation
by Ordinance Petition #97-15 by Hartman Farms, Inc. and instruct the City
Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
B-4 A Hearing �on Vacation Petition #97-11 by George and Barbara McGuire to
vacate a portion of an alley adjacent to part of Lot 7, Block 11, Northern Addition,
at 226 Seventh Street N.W.
Having no one wishing to be heard, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5062 CITY OF ROCHESTER, MINNESOTA
Regular Adiourned Meeting No. 21 - September 15, 1997
Agenda
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M
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B-7
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Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
489-97 approving Vacation Petition #97-11 by George and Barbara McGuire.
Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #97-26 to be known as Foxcroft North Fourth
Subdivision.
Wishing to be heard was Leslie McGillivary, McGhie & Betts, representing the
applicant, and available for questions from the Council.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, McConnell seconded, to adopt Resolution 490-
97 approving Final Plat #97-26 to be known as Foxcroft North Fourth Subdivision
with two conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #97-31 to be known as Diamond Ridge Ten.
It was noted that no grading plans have been received by the Public Works
Department.
Councilmembers Marcoux moved, Stobaugh seconded, to table the hearing on
Final Plat #97-31 to be known as Diamond Ridge Ten to October 6, 1997. Ayes
(7), Nays (0). Motion carried.
A Hearing on Final Plat #97-24 to be known as Eagle Ridge Third Subdivision.
Wishing to be heard was Wade DuMond, Yaggy Colby, representing the
developer. Mr. DuMond noted that they were in agreement with the two
conditions as recommended.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
491-97 approving Final Plat #97-24 to be known as Eagle Ridge Third
Subdivision with two conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Special District Amendment Final Site Plan #97-1 by Carriage
Homes, Inc. for the Arboretum Special District on land located north of 48th
Street N.W., west of 34th Avenue N.W. and north of Kings Run Drainageway.
Wishing to be heard was Wade DuMond, Yaggy Colby, representing the
developer. Mr. DuMond noted that they were in agreement with the five
conditions as recommended.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular A�jour ed McOeting Nc Z'1 MSepfem er 15, 1997 5063
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Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
492-97 approving Special District Amendment Final Site Plan #97-1 by Carriage
Homes, Inc. for the Arboretum Special District with five conditions. Ayes (7),
Nays (0). Motion carried.
B-9 A Hearing on Final Plat #96-23 to be known as Carriage Homes Subdivision CIC
Number 146 First Supplemental CIC Plat.
Wishing to be heard was Wade DuMond, Yaggy Colby, representing the
developer. Mr. DuMond noted that they were in agreement with the four
conditions as recommended.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
493-97 approving Final Plat #96-23 to be known as Carriage Homes Subdivision
CIC Number 146 First Supplemental CIC Plat with four conditions. Ayes (7),
Nays (0). Motion carried.
B-10 A Continued Hearing on Zoning Ordinance Amendment #97-3 to address the
removal of advertising signs pending issuance and to extend the review time
provided to staff for permit reviewal.
Wishing to be heard was Ken Moen, Dunlap and Seeger, representing DeLite
Advertising Company. Mr. Moen noted that his clients paid $40,000 for sign
credits in February and there has been one moratorium after another since that
time to try to resolve the issue of billboards. The CUE Committee is now asking
for another 90 day extension. Mr. Moen asked that the deadline for the
extension be cut from 90 days to 45-60 days.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Mitzi Baker, Planning Department, noted that the CUE Committee has allowed
three weeks for input from the other sign companies. A recommendation will
then be developed with the help of that input and brought before the Council for
action. She stated that 45 days was too short of time for input, development and
notices of the hearings before the Common Council. She requested that the
Council approve the additional 90 days so that everything can be finalized and
no further delays will be needed.
Councilmembers Hruska moved, Stobaugh seconded, to reopen the hearing on
Zoning Ordinance Amendment #97-3 and continue the hearing to December 15,
1997. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5064 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 21 - September 15, 1997
Agenda
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B-11
B-12
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
submitted.
Wishing to be heard was Ken Moen, Dunlap and Seeger, representing DeLite
Advertising Company. Mr. Moen noted his frustration with the delays in
providing a recommendation to the Council.
Terry Adkins, City Attorney, explained the timelines of the moratorium. He noted
that the current moratorium does not expire until September 22nd rather than
September 15th as was assumed; 90 days would conclude on December 22,
1997.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to reopen the hearing
Appeal #97-3 by Vogel Outdoor Advertising and continue the hearing to
December 15, 1997. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II Land Subdivision Permit #97-28 by Chuck
Forbrook and Gethsemane Lutheran Brethren Church to be known as Manor
Woods West Ninth Subdivision.
Wishing to be heard was Cedric Schutz, Land Consultants, representing the
applicants and available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, McConnell seconded, to approve Land
Subdivision Permit #97-28 to be known as Manor Woods West Ninth Subdivision
with eight conditions and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
B-13 A Hearing on Type III, Phase III Incentive Development Final Plan Conditional
Use Permit #97-14 by Joe Powers for construction of a restaurant located along
the south side of 1st Street S.W. and the north side of 2nd Street S.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing Joe Powers.
Mr. Tointon noted that they had no problems with the five conditions that have
been placed on the development.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular A�journed Meeeng NoE Z`1 MSeptem%eA 15, 1997 5065
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Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
494-97 approving Incentive Development Final Plan Conditional Use Permit #97-
14 by Joe Powers. Discussion.
Councilmembers asked about the general development plan for the area. It was
noted that a proposal will be forthcoming and will be placed on a Committee -of -
the Whole meeting to discuss the factors under consideration for the area.
Ayes (7), Nays (0). Motion carried.
B-14 I A Hearing on General Development Plan #115 to be known as South Pointe.
Wishing to be heard was Louis Yocket, McGhie & Betts, representing the
applicant, All Pointe Development. Mr. Yockey had questions with some of the
conditions placed on the Plan. Condition #1 deals with the commercial parcel
which was originally along TH 63 but has now been moved to the intersection of
60th Street S.W. and TH 63. This is not in line with the Land Use Plan but they
are not proposing to amend the Land Use Plan at this time. However, the
general development plan has been revised to include this potential
development. Condition #5 - They object to a 60 foot right-of-way that has been
platted in South Pointe First along 60th Street and this would set a precedent for
developing this road as a collector street.
Discussion. Staff suggested that the area that is proposed as "commercial" be
designated as residential and the developer then come to the Council with a
proposal for a specific commercial development or it be noted as "potential
commercial". Sandy Goslee, Planning Department, also noted that the Planning
Commission did agree to go with the 50 foot right-of-way rather than 60 feet.
Wishing to be heard was Mrs. Margo Mestad, 105 60th Street S.W., opposing
the commercial part of the development in northeast section. She noted that a
commercial development would then be directly across from her home. In 1991
the area was zoned R-1 when a proposed commercial was brought up at that
time. There are several acres of commercial property to the south which could
be utilized. She also noted that the road has never been blacktopped within 30
years; it needs to be upgraded. The temporary bituminous is breaking up.
Wishing to be heard was Gerald Posthumus, 6336 South Pointe Drive S.W. Mr.
Posthumus was not objecting to the development but rather the conditions of the
roads that service the area.
Richard Freese, Public Works Director, noted that a meeting between the City
and the County resulted in the County asking the City to take over the road
assuming one -half of the costs of reconstruction in addition to the City's
contribution of State aid and special assessments.
Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon pointed out
that the General Development Plan, at this time, will not be developing roads in
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5066 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 15, 1997
Agenda
Item
B-15
B-16
connection with 60th Street S.W. and All -Pointe Development has, in the past,
reached an agreement with the City to contribute on a per lot basis toward the
road situation. >
Having no one further wishing to be heard, President Hunziker closed the
hearing. '
Councilmembers Hruska moved, Stobaugh seconded, to approve General
Development Plan #115 to be known as South Pointe with condition #1 changed
to read: "The proposed 'commercial' parcel on the General Development Plan
should be shown for 'low Density residential' so as to be in accord with the
Adopted Land Use Plan", 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, Land Subdivision Permit #97-29 to be known as
South Pointe Third Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the
applicant. He noted that they had no objections to the six conditions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Evans seconded, to approve Land Subdivision
Permit #97-29 to be known as South Pointe Third Subdivision with six conditions
and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law
and Order. Ayes (7), Nays (0). Motion carried.
A Continued Hearing on Type III, Phase II Restricted Development Conditions
Use #97-17 by SJC Properties to allow for the extraction of sand and gravel in
the R-1 and M-1 districts and Floodway District for property located at the
southwest quadrant of the 40th Street S.W. and U.S. 63 South intersection.
Wishing to be heard was John Arnold, Dunlap and Seeger, and officer in SJC
Properties. Mr. Arnold was objecting to two of the conditions placed on his
conditional use application. Condition #2 - The sanitary sewer easement is
nowhere near the location of where the mining will take place. He stated that
until they can locate the easement and know what the future use of the property
will be, the easement dedication is not needed. Mr. Arnold stated that when
you propose a condition on a development it has to have some reasonable
relationship to the development. They are 450 feet away from where the sanitary
sewer exists. Condition #5 - No traffic flow exists that has anything to do with
what happens within the development. The haul road is regulated through the
Public Works Department. The Official Street Map is designed to give notice that
the City has a future intentional use for that property. The condition is for
"information" only; perhaps in future years it will be determined that we allowed
the official street map on the development. We do not believe it is authorized
under the statute and will not agree to it. If we have to put the Official Street
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular Adjour ed M O fing NoE 2'1 - SepfSm%eA 15, 1997 5667
Agenda
Item
Map on the development and cannot put anything on there, we need to discuss
what the City will pay for acquisition of the property.
Mike Nigbur, Public Works Department, addressed the items raised. Mr. Nigbur
noted that sub -section 34.136 of the Public Works Guidelines states that the plan
shall identify the right-of-way or easement location within the development and
shall be granted as a part of the development; reference was also made to
section 64.139 and 62.708. The applicant does not dictate the size of the
easements; but rather Public Works. We currently only have prescriptive
easement which allows for the placement of the pipe but not the maintenance. If
we do not have an easement, the issue can be raised with our presence on the
property to fix the pipe, etc. Condition #1 says that the developer will work with
the Public Works Department to identify the haul road onto 40th Street. 40th
Street is directly impacted by the Official Street Map; it is necessary to find what
effects will impact the future plan. The future land use will not be impacted or
restricted but rather how we will work with it.
Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W. Mr.
Nigbur made reference to the access off TH 63 on St. Bridget's Road; the
property belongs to Mr. Kottschade and not SJC Properties. Therefore, SJC will
need to have to deal with him on access for the haul road. He asked whether
the sanitary sewer easement in question applied to his property as well as SJC
Properties since he owns 1700-2000 feet of frontage along TH 63.
Wishing to be heard was Don Prow, 1833 16 1/2 Street S.W., property owner
across the street from SJC Properties. He noted that there are nothing but
gravel pits in the area and a 40th Street interchange is questionable so the City
should let people proceed with their projects. How long is the City going to study
the area without doing something.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to approve Restricted
Conditional Use #97-17 by SJC Properties with 16 conditions and instruct the
City Attorney to prepare Findings of Fact, Conclusions of Law, and Order to bring
to the October 6, 1997 Council meeting for final approval. Ayes (5), Nays (2).
Motion carried. Councilmembers Evans and Senjem voted nay.
B-17 A Hearing on City Initiated Text amendment #97-6 to amend the text of the
Rochester Land Development Manual, Paragraph 60.338 to change the policy for
rezoning by changing the word "or" to "and" after policy 1) a), b), c).
Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson was
concerned about the "public need" for the amendment; what are the needs and
shouldn't they be enumerated. Who are the "number of groups and individuals"
who are the consensus for the change.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5UBH CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 15, 1997
Agenda
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Terry Adkins, City Attorney, stated that he has been a proponent of the change
and spoke to it at the annual meeting of the Planning Commission. When you
have a rezoning and try to determine the criteria, once you satisfy the first
subparagraph you need not go any further. The change will mean that you will
need to satisfy all of the criteria.
Sandra Goslee, Planning Department, noted that the Planning Commission and
the Planning staff have talked about the need for this change a number of times,
members of the public have expressed concern at various zoning hearings, and
TETAC and ROCOG have expressed a desire for the change.
Wishing to be heard was Dave Patterson, 1545 Fourth Avenue S.W. This
amendment was initiated in part by the Crossroads Neighborhood.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve City
Initiated Text Amendment #97-6 to amend the text of the Rochester Land
Development Manual, Paragraph 60.338. Discussion.
Councilmember Senjem felt that the amendment would make it more difficult for
a councilmember working on a neighborhood problem; all four criteria would
need to be met. Sandra Goslee, Planning Department, noted that such a
condition could happen but in more times than not, all the criteria need to be
addressed.
Gary Neumann, Assistant City Administrator, suggested that this item be
scheduled on a Committee of the Whole meeting, getting examples of past
situations and apply the new criteria to find what the outcome would be in those
instances.
Councilmembers McConnell and Stobaugh withdrew their motion and second.
Councilmembers Senjem moved, Marcoux seconded, to table Initiated Text
Amendment #97-6. Ayes (5), Nays (2). Motion carried. Councilmembers Evans
and Hruska voted nay.
B-18 A Hearing on City Initiated Zoning Ordinance Text Amendment to amend the
provisions of Paragraph 61.236 to specify the criteria by which the City may
approve or deny a final plat application.
Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W, again asking the
public need for the amendment.
Terry Adkins, City Attorney, stated that it allows the Council to deal with new
information between the preliminary plat and the final plat and allows the Council
to place further conditions on the final plat.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular AdjouYneed Meeting NoE5'1 M ep m%eA 15, 1997 5069
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Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve City
Initiated Zoning Ordinance Text Amendment to amend the provisions of
Paragraph 61.236 and instruct the City Attorney to prepare an ordinance for
adoption. Ayes (7), Nays (0). Motion carried.
C-2 - Councilmembers Senjem moved, Evans seconded, to approve the following
C-12 consent agenda items:
C-1 See at the end of the C section.
C-2 Adopt Resolution No. 495-97 approving a revocable permit for a business sign
for The Open Table Coffee Shop and Restaurant at 324 South Broadway.
C-3 Adopt Resolution No. 496-97 approving the week of October 5-11, 1997 as
Public Power Week in Rochester, Minnesota.
C-4 Approve the following licenses and bonds:
Gambling - Temporary
Lourdes Foundation, Inc. - Raffle - October 18, 1997
Ronald McDonald House - Raffle - November 8, 1997
St. Pius X Catholic Church/School - Raffle - May 15, 1997
Sign Installers
Topline Advertising, Blaine, Minnesota
Sound Amplification
Victim Services - Take Back the Night March - September 13, 1997 (prior
approvals obtained)
Angela Pelowski - Reunion at Eastwood Park - September 27, 1997
(waiver of time period to 11:00 PM)
Indiana Marching Band - Central Park Concert - September 18, 1997
Zac Adams - Going Away Party at East Silver Lake Park - September 20,
1997 (waiver of time to 11:00 PM)
Temporal On -Sale Liquor
St. John's Catholic School - Dinner Theatre Fund Raiser - October 3 & 4,
1997
Miscellaneous Street
Mayo High School - Homecoming Parade - September 26, 1997
Rochester Track Club - Stride for Fitness Road Race - September 20,
1997
C-5 Approval of use of sidewalk at 603 Sixth Avenue N.W. for a sidewalk sale by
Custom Costumes of Rochester, Inc. on October 4th or 11th, 1997.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 15, 1997
Agenda
Item
C-6
C-7
C-8
C-9
C-10
C-11
C-12
C-1
D-1
Adopt Resolution No. 497-97 authorizing the City Clerk to advertise for bids for
removal of underground storage tank and parking lot restoration at the Water
Reclamation Plant.
Approve Accounts Payable in the amount of $1,271,767.16.
Adopt Resolution No. 498-97 scheduling a Public Hearing for 7:00 P.M., October
6, 1997, relating to the proposed restructuring of the debt service reserve fund
securing Health Care Facility Revenue Bonds, Series 1992G, H, I.
Adopt Resolution No. 499-97 approving the decertification of Development
District Number 4 and Tax Increment Financing District Number 4-1 and direct
the Finance Director to close the account at the end of 1997 and return any
remaining balance to the County Treasurer for distribution to the taxing
authorities.
Adopt Resolution No. 500-97 approving the contract between the City of
Rochester and the Boy Scouts of America for the disposal of abandoned
bicycles.
Adopt Resolution No. 501-97 directing the Director of Public Works to administer
the Conservation Partners Grant from the State of Minnesota, Department of
Natural Resources, for the establishment of a Mesic Prairie upstream of the
Mayo Run Pond east of County Road 22.
Adopt Resolution No. 502-97 approving Supplemental Agreement #1 for Project
No. 6219-4-94 (J-9310) "19th Street N.W. Reconstruction" in the amount of
$1,650.00.
Ayes (7), Nays (0). Motion carried.
Councilmember Hruska noted that item B-2 of the September 3rd, 1997 meeting
indicated that he had seconded a motion granting an extension of the Fire Code
Appeal to Jake Muldrow; the second of the motion was by Councilmember
Senjem.
Councilmembers Hruska moved, Senjem seconded, to approve the minutes of
the September 3, 1997 meeting as amended. Ayes (7), Nays (0). Motion
carried.
Wishing to be heard was Kel Krosschell, 1334 Fourth Avenue S.E., Apartment
#3. Mr. Krosschell asked the Council to consider and take action on five
concerns: (1) Repeal the City Ordinance related to the issuance of Sound
Amplification Permits; (2) Misappropriation of public funds for development and
landscaping of private property (easement - Peace Plaza); (3) Limit City liability
associated with the Peace Plaza; (4) Remove City "flag banners" from display
on City streets; (5) Conduct a systematic review of City ordinances to eliminate
archaic and unenforceable provisions.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular Adjo mOed Meeting IoE5'1 M ep meeA 15, 1997 5071
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Councilmember McConnell stated that he was disappointed that last year the
Council was given a choice as to the amount of the levy and the consequences
and this year nothing. He wondered what the business community thought of the
proposed levy.
Wishing to be heard was Bill Sepic, President of the Rochester Area Chamber of
Commerce, 200 South Broadway. Each year the Chamber surveys its
membership. The recent survey indicated that the most pressing issue among
businesses is the reform of property taxes and the eliminating of growth of City,
County and other forms of government.
Dale Martinson, Finance Director, and Gary Neumann, Assistant City
Administrator, told the Council that the classification rates for the tax structure is
unclear at this time. Therefore, the levy should be established at the maximum
and then, if the Council so desires, lowered from that point.
Councilmembers Marcoux moved, Hruska seconded, to approve the preliminary
1998 property tax levy in the recommended amount of $15,971,949, with the
understanding that we are starting the process, establish the preliminary budget
amount of $75,850,000 for 1998, and set December 1 and 15, 1997 as budget
hearing dates. Ayes (5), Nays (2). Motion carried. Councilmembers McConnell
and Senjem voted nay.
E-2 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
503-97 declaring the public purpose and authorizing the initiation of eminent
domain proceedings for acquisition of property to facilitate the reconstruction and
reconfiguration of the intersections of Third Avenue S.W., Three and One -Half
Avenue S.W., Fourth Avenue S.W., 12th Street S.W. and Minnesota Trunk
Highway 14. Discussion.
Terry Adkins, City Attorney, noted that an agreement for purchase of the property
between Hy-Vee and the property owners of Crystal Car Wash have been
reached. The approval of the eminent domain option is in the event that the
purchase between the two private parties does not continue.
Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hruska, and
McConnell voted nay.
E-3 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
504-97 accepting the storm shelter plan for the Rocky Creek Estates
Manufactured Home Park. Ayes (7), Nays (0). Motion carried.E-4
E-4 Councilmembers Senjem moved, Stobaugh seconded, to deny approval of an
amendment to the AGA/HGA design services contract. Discussion.
Wishing to -be heard was Dave Thompson, 3220 Fox Hollow Court SW,
President of the First Bank. Mr. Thompson noted that his customers have to
park approximately three blocks away. If the ramp was located further to the
north, the skyway could be attached and provide access for the bank's patrons.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
5 0 7 2 Regular Adjourned Meeting No. 21 - September 15, 1997
Agenda
Item
Wishing to be heard was Gill Theobald, 1622 Northwood Drive N.E., owner of
the Massey Building. Mr. Theobald noted the parking problems in downtown
Rochester and urged the Council to approve the expenditure of funds to make
sure that a bigger ramp is possible and feasible.
Ayes (7), Nays (0). Motion carried.
E-5 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 505-97 establishing a Public Hearing at 7:00 P.M. on November 3, 1997 for
charter amendment by ordinance proposing that the charter establish an annual
review of elected official salaries. Ayes (7), Nays (0). Motion carried.
E-6 Councilmembers Senjem moved, Evans seconded, to extend the billboard
moratorium to December 22, 1997. Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 506-
97 approving the Scoping EAW and Draft Scoping Decision concerning the Mayo
Practice Integration Project and authorizing the Mayor to sign the LGU of the
Scoping Environmental Assessment Worksheet. Ayes (7), Nays (0). Motion
carried. The affiliation with the Mayo Clinic of Councilmembers Hruska, Senjem
and Stobaugh was noted.
E-8 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
507-97 authorizing a street and sidewalk closure permit for the north half of the
First Street S.W. right of way between Third Avenue and Fourth Avenue S.W. for
a period of five years, with two renewable one year terms. Ayes (7), Nays (0).
Motion carried. The affiliation with the Mayo Clinic of Councilmembers Hruska,
Senjem and Stobaugh was noted. '
E-9 Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No.
508-97 authorizing the acquisition of the small parking lot adjacent to Johnson
Printing to Chuck Johnson for an amount of $11,000 subject to five conditions.
Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
509-97 awarding the contract for Project No. 9704 (J-9423) "Sanitary Sewer to
Serve Rose Harbor 1st Subdivision" to Swenke Company, Inc. in the amount of
$118,785.00. Ayes (7), Nays (0). Motion carried.
E-11 Councilmembers Senjem moved, Evans seconded, to adopt Resolution Nos.
510-97 and 511-97 establishing the project assessment rates and levying the
proposed assessment for Project No. 9613 (J-9392) "Sanitary Sewer and
Watermain Extension to Serve Lots 2 & 3, Block 1, Bianco Estates" for Plat
0300, Parcel 000300, Lot 3, block 1 of Bianco Estates. Ayes (7), Nays (0).
Motion carried.
E-12 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
512-97 entering into an assessment agreement with Western Walls, Inc. for
Project No. J-8251 "Country Club Manor High Level Water Tower" and Project
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular A�jouYned UeOeeng�o. M ep e nOerr 15, 1997 5073
Agenda
Item
No. J-8619 "Trunkline Sanitary Sewer Along the South Side of TH 14 West".
Ayes (7), Nays (0). Motion carried.
E-13 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
513-97 authorizing the City Clerk to advertise for bids for Project J-2034 'Roof
Repair and Flashing Replacement on Public Works Building at 1602 Fourth
Street S.E." Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Rezoning Certain Property From the R-1 District to the M-1 District
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. (PEMSTAR)
f-2b An Ordinance Annexing to the City of Rochester Approximately 22.26 Acres of
Land Located in the Northeast Quarter of Section 29, Township 106 North,
Range 14 West, Olmsted County, Minnesota, was given a first reading.
(Hartman Farms)
F-2c An Ordinance Amending and Reenacting Section 61.236 of the Rochester Code
of Ordinances, Relating to the Criteria For Acceptance and Approval of Final Plat
Applications, was given a first reading.
F-2d 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.
F-3a 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 second
reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (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-3b 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 second reading. Councilmembers McConnell
moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays
(0). Motion carried. (East of Marion Road S.E., South of its intersection with
Eastwood Road S.E., North of Grandview Memorial Gardens)
F-3c 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 second reading. Councilmembers Senjem moved, Stobaugh
seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-3d 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 second reading. Councilmembers Evans moved, Hruska
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5074 CITY OF ROCHESTER, MINNESOTA
Reaular Adjourned Meeting No. 21 - September 15. 1997
Agenda
Item
F-4a
F-4b
F-4c
seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
(West Circle Drive north of 19th Street N.W.)
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
514-97 approving a City -Owner Contract with Lowell Penz and Fraser
Construction Company for Project No. J-9448 "Extension of Sanitary Sewer and
Watermain to Serve Salem Sound Fifth Subdivision". Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
515-97 approving a City -Owner Contract with James T. and Patricia Engh, J.
Thomas and Ruth E. Mangan, Carlton F. and Ruth E. Penz, Norman G. and
Charmaine C. Hepper, Robert M. and Ancy L. Morse, and Elcor Construction
Company for Project No. J-9425 "Extension of Sanitary Sewer and Watermain
from Oakcliff 2nd Replat to Hiawatha Court N.E. in Hilltop Acres Subdivision".
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 516-97 approving a City -Owner Contract with Younge Development
Company and Road Constructors for Project No. J-9442 "Basic Construction in
Eagle Ridge Third Subdivision (Lots 1-15, Block 1)". Ayes (7), Nays (0). Motion
carried.
A petition was received from residents, many of whom reside at Newbridge,
requesting that Rochesterfest be kept in Downtown Rochester and that a parking
ramp not be built in the Brown Parking lot. President Hunziker asked the City
Clerk to distribute copies of the petition to members of the Council.
Having no further business, the meeting was recessed until 3:45 P.M. on
Monday, September 29, 1997. Ayes (7), Nays (0). Motion carried.
r
- �,f4j
City Clerk
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