HomeMy WebLinkAbout09-09-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
533H CITY OF ROCHESTER, MINNESOTA
Regular Meeting No 22 — September 9, 1998
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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, Walter Stobaugh. Absent: None.
Mayor Canfield introduced the Mayor of Austin, Minnesota, Bonnie Rice. Mayor
Rice introduced the Austin Council members, City Administrator, Sheriff, and Public
Works Director that had accompanied her to thank the City of Rochester. On July
27tt' 1998, a straight-line wind caused a 95 percent power outage in the City of
Austin. Rochester Public Utilities sent a truck and crews to assist in replacement
and cleanup of line damage. Mayor Rice made special note that Rochester was
the only city to send public works street crews to assist in the cleanup. She said
that it truly was "neighbors helping neighbors".
A Hearing on An Amendment to the City Charter for Reduction of Bid Security From
10 Percent to 5 Percent.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Senjem seconded, to approve the reduction of
the bid security requirement from 10 percent to 5 percent and instruct the City
Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
A Hearing on An Amendment to the City Charter on Recall/Removal of Elected and
Appointed Officials.
Wishing to be heard was Jay Weichselbaum, 1412 Fourth Street S.E. Mr.
Weichselbaum said that this was one more hurdle between the people and the
process to remove councilmembers from office. It makes it more difficult to hold the
elected member accountable.
Wishing to be heard was Gail Baker, 1412 Berkman Court S.E., a member of the
Charter Commission. She noted that this was an attempt by the Charter
Commission to conform to State Statute. The biggest hurdle would be to get the
other councilmembers to take the matter to 'a recall election.
Wishing to be heard was Bruce Synder, 4349 Cimarron Court N.W. Mr. Snyder
pointed out that the vote would need to be a 5/7ths vote rather than a 4/7ths.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Stobaugh seconded, to approve the amendment
to the Charter on removal/recall of councilmembers and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
B-10 I A Hearing on the 1999 Community Development Block Grant Program.
The following people wished to be heard regarding their individual projects and
programs and the requests for CDBG monies from the allocation:
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Regular Meeting No. 22 — September 9, 1998
Aldrich Memorial Nursery School
Susan Foster
ARC of Olmsted County
Ann McGuire
Camp Olson YMCA
Shaun Palmer
Child Care Resource and Referral, Inc. (CCRR)
Tuttie Sherlock
Jennifer Keeney.
Margaret
Dale Walston
Jane Bushie
Olmsted Community Action Program (CAP)
(no one present wishing to be heard)
Community Housing Partnership, Inc.
Darrell Jensen
Judy Plank
Joan Carroll
Community Youth Mentorship Program
Scott
Olmsted County Housing and Redevelopment Authority (OCHRA)
Gary Lueders
Omnia Family Services, Inc.
Doug Ring
PossAbilities of Southern Minnesota
John Flanders
Rochester Area Disabled Athletics and Recreations, Inc. (RADAR)
Rodney Lenton, Jr.
Ability Building Center
(no one present wishing to be heard)
Hiawatha Homes Foundation, Inc.
Doug Butler, Executive Director
City of Rochester, Park and Recreation Department
Denny Stotz, Rochester Park Department
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5 3 4 0 Regularse-Meet�No. 22 —September 9, 1998
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Quarry Hill Nature Center
Greg Munson
Rochester Area Family Y
Trent Fluggal
Southeastern Minnesota Center for Independent Living, Inc. (SEMCIL)
Laurie Brownell
Wing House
Terry Leary
Jodi
Bear Creek Services Foundation
Donna Garrett
Jeanna Grage
Julie Beck
Austin Jorgenson
Samaritan Bethany, Inc.
(no one present wishing to be heard)
Senior Citizens Services, Inc.
Sally Gallegher, 305 13th Lane, Oronoco
Zumbro Valley Mental Health Center, Inc.
Vicki Dalle-Molle
Mike Wing
Steve Wendens
Rochester Area Habitat for Humanity
(no one present wishing to be heard)
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers will individually make a determination on the amount of the award
to the programs they choose, the determinations will be averaged and awards
made at the September 21, 1998 meeting.
A Hearing on the Request to Expand Residential Parking Permit Zone 2 (St. Mary's
West Neighborhood) onto 14th Avenue S.W. in the 300, 400 and 500 Blocks.
Wishing to be heard was Richard May, 421 14th Avenue S.W. Mr. May noted that
he a resident in the permit parking area. He stated that they have trouble with St.
Mary's employees parking on the streets filling up all the spaces and blocking their
driveways. The residents feel that St. Mary's has enough parking for their
employees.
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CITY OF ROCHESTER, MINNESOTA 5341
Regular Meeting No. 22 — September 9, 1998
Wishing to be heard was Sandra and Pat Egan, 538 14th Avenue S.W., agreeing
with the previous speaker. They felt that it would make a better neighborhood.
Wishing to be heard was Margaret Behan, 417 14th Avenue S.W. Ms. Behan noted
that one of the biggest concerns is the danger in trying to get in and out of her
driveway; the cars are parked so close and it is impossible to see anyone coming
down the street.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 515-
98 amending the Comprehensive Parking Resolution by adding Paragraph (2) to
Section L "Permit Parking — Zone 2 St. Mary's West Neighborhood" to read:
(2) ' 14th Avenue S.W., on the west side only, the 300 and 400 and 500
blocks; 6:00 P.M. to 6:00 A.M., Monday through Friday; all day
Saturday and Sunday.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Request to Expand Residential Parking Permit Zone 4 (Meadow
Park Neighborhood) onto 81h Avenue S.E. in the 1200 Block.
Wishing to be heard was Leon Arneson, 1248 8th Avenue S.E. Mr. Arneson noted
that everything between 8th Avenue and Mayo High School is already permit
parking so the students are now parking in their neighborhood, throwing trash, etc.
He asked for the permit to be approved.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
516-98 amending the Comprehensive Parking Resolution by adding Paragraph (13)
to Section L "Permit Parking — Zone 4 Meadow Park Neighborhood" to read:
13) Eighth Avenue S.E., on both sides, from 12th Street to 13th Street,
7:00 A.M. to 3:00 P.M., School Days Only.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Request to Extend Residential Permit Parking Zone 5 onto the
South Side of 2nd Street N.W. in the 1100 Block.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers moved, seconded, to adopt Resolution No. 517-98 amending the
Comprehensive Parking Resolution by adding Paragraph (2) to Section L "Permit
Parking" to read:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
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— Regu!aF Meet*n — -- —. ptembeF 9, 1998
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(2) 2"d Street'N.W.: on both sides, from 11th Avenue to 12th Avenue, 8:00
A.M. to 9:00 A.M., Monday thru Friday.
Ayes (7), Nays (0). Motion carried.
B-6 A Hearing on Annexation by Ordinance Petition #98-11 by Payne Company to
Annex Land Located South of Viola Road and East of East Circle Drive.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to approve Annexation by
Ordinance Petition #98-11 by Payne Company and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on Type III, Phase II Zoning District Amendment #98-8 by Bradley Jon
Wiley to rezone land from the B-1 to the B-4 on property located along the west
side of Marion Road S.E., south of the entrance of Bear Creek Park.
Wishing to be heard was Bradley Jon Wiley, 931 Sixth Avenue S.W. petitioner. He
noted that he would be running two businesses from the location; i.e., a driving
school and a car dealership.
Wishing to be heard was Ron Braasch, 4600 18th Avenue N.W., speaking on behalf
of the applicant.
Having no one further wishing to be heard, President Hunziker closed the hearing.
It was noted that although the staff recommended requested the zone change be
denied, the Planning Commission approved.
Councilmembers Hruska moved, Stobaugh seconded, to approve Type III, Phase II
Zoning District Amendment #98-8 by Bradley Jon Wiley with three findings. Ayes
(7), Nays (0). Motion carried.
B-8 A Hearing on Vacation Petition #98-13 by River Ridge Suites, LLC to vacate the
right-of-way of 2"d Street N.E. Located East of Civic Center Drive, North of 1st Street
N.E., West of the Zumbro River and South of the DM&E Railroad Tracks
No one wished to be heard at this time.
Councilmembers Stobaugh moved, Evans seconded, to continue the hearing on
Vacation Petition #98-13 to September 21, 1998. Ayes (7), Nays (0). Motion
carried.
B-9 A Hearing on Type III, Phase III General Development Plan #132 to be known as
Volunteers of America on Land Located North Along 55th Street N.W., West of 18th
Avenue N.W.
Wishing to be heard was Kirk Velett, Paul Madsen and Associates, Architects, 420
North Fifth Street, Minneapolis, speaking on the development of the project. They
would be building townhomes, single level with walkouts; the apartments would be
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5343
Regular Meeting No. 22 — September 9, 1998
three-story units. He noted that the usable (buildable) acreage is about 5.7 acres
after the right-of-ways are considered.
Councilmember Senjem noted a letter from the Fire Department noting a concern
on the capability of the Fire Department to serve this area. Mr. Velett stated that
they did not feel that there would be a general increase in any safety problems.
Councilmembers McConnell asked for clarification that the zone is a B-1
commercial district. He was assured that it will remain B-1.
Bruce Snyder, 4349 Cimarron Court N.W., noting that the heading of the hearing is
inaccurate in the location of the development; it is west of 18t' Avenue N.W.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Hruska seconded, to approve Type III, Phase III
General Development Plan #132 to be known as Volunteers of America with six
findings and six conditions and instruct the City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order for adoption. Ayes (7), Nays (0). Motion
carried.
C 1-3, Councilmembers Evans moved, Stobaugh seconded, to approve the following
5-25 consent agenda items.
C-1 Approved the minutes of the August 17, 1998 meeting.
C-2 Approved the following licenses and miscellaneous activities:
On -Sale Beer 3.2 — Temporary
St. Pius Home & School Association — Octoberfest Parent Party — October
24, 1998
Fireworks
Rochester Amateur Sports Commission & Convention and Visitors Bureau —
Tug of War Competition — September 4, 1998 (prior approvals from
Councilmembers Evans, McConnell, Senjem and President Hunziker)
On -Sale Liquor — Temporary
St. John's Catholic School — Dinner Theater Fundraiser — October 2 to 4,
1998
Master Plumber
Carl Haas DBA Haas Plumbing & Heating, Inc., Andover, Minnesota
Sign Installation
Kevin Gillette DBA All-Brite Signs, Inc., Crystal, Minnesota
Sidewalk — Cement
Bob Braaten DBA Braaten Construction, Byron, Minnesota
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Sound Amplification Permits
Toni Adafin — Make the Peace Picnic — September 11, 1998
Holly Dison — Wedding Reception — September 12, 1998 (time restriction
waived)
Jason Ressman — Farewell Party — September 19, 1998 (waiver of time
restriction)
Miscellaneous Street Use
Rochester Track Club — Running Race — September 26, 1998
Rochester Century High School — Homecoming Parade — September 18,
1998
Minnesota Library Association — Fun Walk/Run — October 8, 1998
Approved Accounts Payable in the amount of $4,087,044.10.
See at the end of the C Items.
Adopted Resolution No. 518-98 approving the Wetland Delineation and
Replacement Plan for Lincolnshire Plat, Dorset Lane.
Adopted Resolution No. 519-98 authorizing the City Clerk to advertise for bids for
Project No. J-9502 °23`d Avenue S.W. and Storm Water Management Facility".
Adopted Resolution No. 520-98 authorizing the City Clerk to advertise for bids for
Roofing Replacements at the Water Reclamation Plant; bids to be opened on
September 30, 1998.
Adopt Resolution No. 521-98 approving the execution of a Development Agreement
covering the wetlands delineation and storm water management facility
design/construction with the owners of commercial property lying east of Highway
52 that abut the drainage corridor.
Approved that the owner of the property at 915 Fourth Street S.E. attend the
September 19, 1998 "Crime Free Multi Housing" Workshop.
Noted the appointment of Michael Beery to the position of Sergeant in the
Rochester Police Department effective September 1, 1998.
Adopt Resolution No. 522-98 approving the renewal of the Professional Boxing
Franchise to Tuffy's, Inc. for the period of September 1, 1998 through August 31,
1999.
Approved the appointment of the election judges for the State Primary Election to
be held on September 15, 1998.
Adopted Resolution No. 523-98 referring the petition for "Curb/Gutter, Asphalt
Overlay and Storm Sewer in the 900 Block of 17t�' Street S.E." to the Public Works
Department for a feasibility study.
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CITY OF ROCHESTER, MINNESOTA 5345
Regular Meeting No. 22 — September 9, 1998
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C-14 I Adopted the following public utility resolutions:
Resolution No. 524-98 entering into a purchase order agreement with General
Electric — Prolec for 161 kV/13.8kV Power Transformer in an amount not to exceed
$359, 000.00.
Resolution No. 525-98 entering into a purchase order agreement with Tri-State
Drilling, Inc. for Concrete Cassion Foundations and Drilled Holes in an amount not
to exceed $76,983.00.
C-15 Adopted Resolution No. 526-98 amend the Comprehensive Parking Resolution by
adding Paragraphs (229.1) and (169.5) to Section B, "No Parking Zones" to read:
(229.1) 23`d Avenue S.E., on both sides of the street from 8'/Z Street S.E.,
to CSAH 9, at all times.
(169.5) Eight and one-half Street S.E., on both sides of the street from 21st
Avenue S.E., to Trunk Highway 14, at all times.
C-16 Adopted Resolution No. 527-98 amend the Comprehensive Parking Resolution by
deleting Paragraph (229.2) from Section B "No Parking Zones", which previously
read:
(229.2) 23`d Avenue S.W. on west side of the street, from Second Street to
Fourth Street, at all times.
C-17 Approved the street name change for Crossroads Place S.W. platted in South
Zumbro Plaza Second Subdivision to Crossroads Drive S.W.,and instructed the
City Attorney to prepare an ordinance for adoption and the City Clerk to record the
ordinance.
C-18 Approved the street name change for 45th Avernue N.W. Vatted in Manorwoods
West Seventh Subdivsion, south of 5th Street N.W., to 45 Lane N.W. and
instructed the City Attorney to prepare an ordinance for adoption and the City Clerk
to record the ordinance.
C-19 Adopted Resolution No. 528-98 entering into assessment agreements with property
owners for Project No. 6310-3-98 (J-9482) "Watermain Extension in 10th Avenue
S.W. in Airport Industrial Park" and Project J-9266 "Airport Water Tower" and J-
9305 "Watermain in 11th Avenue S.W." and to levy the proposed assessments for J-
9266 and J-9305.
C-20 Adopted Resolution No. 529-98 awarding the contract of $171,948.50 to Road
Constructors for project No. 6310-3-98 (J-9482) "Extend Watermain Along 101h
Avenue S.W. —Airport Industrial Park".
C-21 I Adopted Resolution No. 530-98 entering into a lease agreement with Wilmar Cattle
and Investment of Rochester for flood control lands north of 37th Street.
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Adopted Resolution No. 531-98 entering into a Storm Water Management
Agreement with B & C Properties and Premier Bank for the development of West
Century Subdivision.
Adopted Resolution No. 532-98 entering into a Storm Water Management
Agreement with Gary Larson for the development of the Third Avenue/Civic Center
Drive area.
Adopted Resolution No. 533-98 approving Supplemental Agreement No. 1 for
Project No. 4-1997 (J-9418) "Sidewalk Replacement" in the amount of $2,177.36.
Adopted Resolution No. 534-98 amending the Comprehensive Parking Resolution
by adding Paragraph (323.5) to Section B "No Parking Zones" to read:
(323.5) Wellner Drive N.E., to Sixth Avenue N.E., on both sides of the
street, at all times.
Ayes (7), Nays (0). Motion carried.
Councilmember Hruska thanked Charles Quigg for all the work on the Rochester
Park Board.
Councilmembers Hruska moved, McConnell seconded, to approve the appointment
of Rod Toomey to fill the unexpired term of Charles Quigg on the Rochester Park
Board for the term ending June 2001. Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Don Vestweber, 1610 Kings Run Drive N.W. Mr.
Vestweber wanted to thank Volunteers of America for the way that they worked with
the neighborhoods on their project. He said that all developers should learn from
them.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
535-98 providing for a $5 million sales tax funding commitment to the University
Center Rochester and MnSCU for the Sports and Recreation Complex and Field
House. Ayes (7). Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 536-
98 executing an agreement with the Department of Natural Resources and the
Department of Public Safety for the installation of automatic reading flood gauges.
Ayes (7), Nays (0). Motion carried.
A letter was received from Sylvia Quirk commenting on the proposed changes to
the disorderly use ordinance and consequential follow-up of notice of the ordinance
to landlords. Tent' Spaeth, City Administrators Office, told the Council that the
questions raised in Ms. Quirk's letter were being addressed by Larry Mooney of the
Building and Safety Department.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 22 — September 9, 1998 5347
Councilmembers Senjem moved, Stobaugh seconded, to approve the changes and
amend the disorderly use ordinance and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
E-4 Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
537-98 amending Section XXI —Workplace Smoking Policy, III Guidelines, B.
Public Areas by adding
"3. Any portion of the Mayo Civic Center or Graham Arena rented to a
private party is exempt from this policy".
Ayes (6), Nays (1). Motion carried. Councilmember Stobaugh voted nay.
E-5 Councilmembers Senjem moved, McConnell seconded, to approve Findings of
Fact, Conclusions of Law, and Order on Zoning District Amendment #98-6 rezoning
approximately 7.18 acres from B-4 to the B-1 district on land located at the
southeast corner of the intersection of 55th Street and 18th Avenue N.W. Ayes (6),
Nays (1). Motion carried. Councilmember Hruska voted nay.
E-6 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
538-98 entering into a lease agreement with Swenburg Trust for the use of a
portion of Outlot B Southern Woods First by the Rochester Park Department. Ayes
(7), Nays (0). Motion carried.
E-7 Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No. 539-
98 entering into an agreement with Olmsted County Soil and Water Conservation
District and the Minnesota Department of Agriculture for the cooperative monitoring
and testing of waters of Cascade Lake and the Cascade Lake Watershed.
Discussion.
Councilmember Marcoux left the meeting.
Councilmembers were concerned about the interference in the past by the SWCD;
Gary Neumann stated that they have assured the City their involvement will only be
the extend of the agreement.
Ayes (5), Nays (1). Motion carried. Councilmember Senjem voted nay.
Councilmember Marcoux was absent.
Councilmember Marcoux returned to the meeting.
E-8 Councilmember McConnell felt that any decisions on the Environmental Impact
Statement for the Orchard Ridge development should be tabled until problems
relating to the development are solved.
Councilmember Senjem reminded the Council that they were there to vote on the
adequacy of the report, not whether they agreed or approved the project in
question.
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Councilmember McConnell did not feel that the report was adequate. As an
example he noted that the report checked that there were no scenic vistas; he feels
that it is a very scenic area of the surrounding countryside.
Mitzi Baker, Planning Department, pointed out that the only responsibility of the
Council at this point is to decide if the environmental impact worksheet is
considered to be adequate and whether or not there is a justifiable reason in
requiring an environmental impact statement to be done for this site.
Terry Adkins, City Attorney, told the Council that the 30-day comment period on this
Statement expired on August 26t' and that State Law requires the Council to take
action within 30 days; action needs to be taken by September 261'. He suggested
that the item be tabled until the next Council meeting on September 21 st and that
the applicant should provide additional information as wanted by the Council.
Gary Neumann, Assistant City Administrator, suggested that procedures be made
so that when people apply for an EAW that they know the development plans used
for that purpose and that in approving the EAW the Council is not approving any
specific development plan.
Councilmember McConnell moved, Stobaugh seconded, to table the Environmental
Impact Statement for the Orchard Ridge Development to September 21, 1998.
Discussion.
The Council agreed to listen to Mark Walsh, 15545 Old Territory Road, Chatfield.
He was available to answer any questions of the Council. He noted that they are
currently working with MnDot on their requirements for traffic impact They are
compiling a traffic impact report at the present time The EAW is where they must
begin the process. He stated that the development started as a potential mobile
home park but may change as the process proceeds. He also noted that an R-1
development would have more density than what is currently proposed.
Councilmembers will get their concerns to the Planning Department so that the
developer can have them answered prior to the September 21, 1998 meeting.
Ayes (7), Nays (0). Motion carried.
E-9 Councilmember Senjem was concerned about the impact the Greenhaven
Development will have on 48t' Street and whether or not the traffic concerns raised
by MnDot are the concerns of the Council.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
540-98 supporting a negative declaration for the Enviornmental Impact Statement
for the Greenhaven Development and noting that nothing in this determination that
the EAW is adequate should be interpreted in any way to suggest that the City
approves of the proposed development. Ayes (7), Nays (0). Motion carried.
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CITY OF ROCHESTER, MINNESOTA 5349
Regular Meeting No. 22 — September 9, 1998
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E-10 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
541-98 amending the Comprehensive Parking Resolution adding Paragraphs (3a),
(3b) and (3c) to Section C "Special Parking Zones", (Zone D — Bus Stops) to read:
3a) West Center Street/200 Block, on the north side, two stalls for Mayo
Shuttle Bus.
3b) Second Avenue S.W./100 Block, on the east side, two stalls for Mayo
Shuttle Bus.
3c) Third Avenue S.W./200 Block, on the east side, two stalls for Mayo
Shuttle Bus.
Ayes (7), Nays (0). Motion carried.
The affiliation with Mayo Foundation of Councilmembers Hruska, Senjem and
Stobaugh was noted.
E-11 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
542-98 amending the Comprehensive Parking Resolution by adding Paragraph
(3.7) to Section J "Passenger and Commodity Loading Zones" to read:
(3.7) Second Avenue S.W., 1400 block on the east side, two spaces on the
side of the premise known as Bright Ideas, #18 14th Street, at all times, 15 minute
limit.
Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 543-98
awarding the base bid plus alternative #1 to Alvin Benike, Inc. in the amount of
$113,400 for Project No. 8215-25-98 (J-2578) "1998 First Restoration of the Civic
Center Ramp". Ayes (7), Nays (0). Motion carried.
E-13 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
544-98 entering into annexation and utility connection agreements with Gary
Leitzen for property located South of HWY 30 and adjacent to HWY 63. Ayes (7),
Nays (0). Motion carried.
E-14 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 545-
98 entering into an annexation and utility connection agreement with Allen Koenig
for property located between HWY 63 North and 3`d Avenue N.W. Ayes (7), Nays
(0). Motion carried.
E-15 Councilmembers McConnell moved, Evans seconded, to approve the reenacting of
the interim ordinance regulating placement of manufactured home parks within the
City to run through October 20, 1998 and instruct the City Attorney to prepare the
required amendment to the ordinance for adoption. Ayes (7), Nays (0). Motion
carried.
E-16 I Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
546-98 executing an option to purchase agreement with People's Natural Gas
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5350 CITY OF ROCHESTER, MINNESOTA
RegulaF Meeting-Ne. 22 SepternbeF 9, 1998
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concerning property located on West Silver Lake Drive. Ayes (7), Nays (0). Motion
carried.
The six-month option cost will be $3000.00.
An Ordinance Amending Section 12.04 of the Home Rule Charter of the City of
Rochester Relating to Bid Security Requirements in Public Bids was given a first
reading.
An Ordinance Amending Sections 3.07, 5.06 and 7.03 of the Home Rule Charter of
the City of Rochester Relating to the Recall and Removal of Public Officials was
given a first reading.
An Ordinance Rezoning Certain Property From the B-1 District to the B-4 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.
(West side of Marion Road S.E., South of entrance to Bear Creek Park)
An Ordinance Annexing to the City of Rochester Approximately .67 Acres of Land
Located In A Part of the Southeast Quarter of the Northeast Quarter and the
Northeast Quarter of the Southeast Quarter of Section 30, Township 107 North,
Range 13 West, Olmsted County, Minnesota, was given a first reading. (South of
Viola Road, east of East Circle Drive)
An Ordinance Amending and Reenacting Subdivisions 2, 5, and 7 of Section
38.152 of the Rochester Code of Ordinances, Relating to Regulation of Rental
Property was given a first reading.
An Ordinance Rezoning Certain Property from the B-4 District to the B-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.
An Ordinance Amending and Reenacting 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 first reading.
Councilmembers Marcoux moved, McConnell seconded, to suspend the rules and
give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances,
Relating to the Names of the Streets Platted in South Zumbro Plaza Second
Subdivision was given a first reading.
An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances,
Relating to the Names of the Streets Platted in Manorwoods West Seventh
Subbdivision was given a first reading.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5351
Regular Meeting No. 22 — September 9, 1998
Agenda
Item
F-3a An Ordinance Amending and Reenacting Section 66.104 of the Rochester Code of
Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the
Issuance of Permits For Mining or Extraction Activities 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-3b An Ordinance Rezoning Certain Property From the R-3 District to the B-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 second
reading. Councilmembers Evans moved, McConnell seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (West side of Valleyhigh
Drive N.W., South of 19th Street N.W. and East of the Chicago & Great Western
Railroad — John Benike)
F-4a Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
547-98 entering into an owner contract with the American Cancer Society,
Minnesota Division, and Fraser Construction for Project No. J-9510 "Public Storm
Sewer to Serve Hope Lodge". Ayes (7), Nays (0). Motion carried.
F-4b Councilmembers Evans moved, Stobaugh seconded, to table the owner contract
with Menard, Inc. and Rochester Sand and Gravel for Project No. J-9499
"Watermain to Serve Menards North Subdivision (Lots 1, 2, & 3). Ayes (7), Nays
(0). Motion carried.
F-4c Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
548-98 entering into an owner contract with B & C Partners and Rochester Sand
and Gravel for Project No. J-9515 "Basic Construction in West Century
Subdivision". Ayes (7), Nays (0). Motion carried.
F-4d Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 549-98
entering into an owner contract with Willow Development and Elcor Construction for
Project No. J-9516 "Basic Construction in Bamber Ridge Fourth Subdivision, Phase
III (Lots 21-55, Block 3). Ayes (7), Nays (0). Motion carried.
F-4e Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
550-98 entering into an owner contract with Cottage Homesteads of Rochester, Inc.
and Wellington Construction, Inc. for Project No. J-9518 "Utilities to Serve Salem
Meadows Phase II (Building Numbers 2-5 and 14-19)". Ayes (7), Nays (0). Motion
carried.
F-4f Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 551-98
entering into an owner contract with Mayo Foundation and Knutson Construction
Company for Project No. J-6393 "Temporary Signals at Intersection of Temporary
1st Street S.W. and 3rd Avenue S.W." Ayes (7), Nays (0). Motion carried.
Affiliation with Mayo Foundation of Councilmembers Hruska, Senjem and Stobaugh
was noted.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5352 -RegulaF Meeting No. 22 SeptembeF 9, 1998
Agenda
Item
G-1
H-1
Councilmembers Evans moved, Stobaugh seconded, to remove from the table the
item concerning Diagonal Parking on 1st Avenue N.W. from Center Street to Civic
Center Drive. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, McConnell seconded, to deny Diagonal Parking
on 1st Avenue N.W. from Center Street to Civic Center Drive as recommended by
staff. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska
voted nay.
Affiliation with Mayo Foundation of Councilmembers Hruska, Senjem and Stobaugh
was noted.
Terry Adkins, City Attorney, noted that the Interim ordinance on manufactured
home parks adopted earlier needs to preclude manufactured home parks' ability to
use restrictive or performance development plans for placement of manufactured
home parks in the R-1 zoning district.
Terry Adkins asked that the Council by general consensus agree to amend the
Interim Ordinance concerning manufactured home parks by removing,the word
"not" from subdivision g. Councilmembers Senjem moved, Marcoux seconded, to
approve the change. Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Hruska moved, Stobaugh seconded,
to recess the meeting to 4:15 P.M. on Monday, September 14, 1998. Ayes (7),
Nays (0). Motion carried.
COClerk
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