HomeMy WebLinkAbout02-01-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5473
Regular Meeting No. 3 — February 1, 1999
Agenda
Item
A-1 No one wished to be heard during the Open Comment Period.
B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Mack Evans, Dennis Hanson, Marcia
Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None.
D-1-22I Councilmembers Marcoux moved, Stobaugh seconded, to approve the following
consent agenda items:
D-1 Approved the minutes of the January 20, 1999 Council meeting.
D-2 Approved the appropriation of $2,000 from the 1999 Contingency Fund to the Youth
Commission to send four youth representatives to the National League of Cities
Conference in Washington, D.C. from March 5-8, 1999.
D-3 Approved the appropriation of $1000 from the 1999 Contingency Fund to the
Rochester Veterans Memorial Association to fund activities involved in the annual
program for Memorial Day.
D-4 Adopted Resolution No. 053-99 extending the present Fire Service Contract with
the four surrounding townships an additional six months to expire on December 31,
2000.
D-5 Adopted Resolution No. 054-99 approving and executing the MHFA Housing Tax
Credit Administration Joint Powers Agreement.
D-6 + Adopted the following Public Utility resolutions:
Resolution No. 055-99 entering into an agreement with Burns and McDonnell for
engineering services to perform a study for the installation of a combustion turbine
not to exceed $70,000.00;
Resolution No. 056-99 entering into an agreement with Automotive, Incorporated
for one 1999 GMC Sonoma and two 1999 GMC Sierra Extended Cab Pickups not
to exceed $60,917.00.
D-7 Adopted Resolution No. 057-99 approving the submission of a grant application by
the City Attorney's Office to the Minnesota Department of Corrections for Violence
Against Women Act Formula Grant; $35,000 grant with a 25 percent local match,
with the understanding that the newly created attorney position will be a temporary
position and will be terminated upon the expiration of grant monies.
D-8 Approved the following licenses and miscellaneous activities:
Gambling — Temporary
Camp Olson YMCA — Raffle — September 1, 1999.
Trout Unlimited, Hiawatha Chapter - Raffle — March 20, 1999.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
54 74Regular Meeting AID=February 1 1999
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Gamblinq — Premise Permit
Olmsted County Hockey Association — premise permit at Rookies Sports
Grill and Bar.
Master Plumber
Value Mechanical, Delano, Minnesota.
Parade Permits
Understanding Nationalities in Today's Youth (UNITY) — Cultural Parade —
May 8, 1999.
Harriet Bishop School — Run/Walk — April 24, 1999.
On -Sale Liquor —Temporary
St. Francis Church — Dinner Theatre — February 13, 1999.
Approved Accounts Payable in the amount of $1,124,075.33.
Adopted Resolution No. 058-99 receiving and filing the January 26, 1999, Year
2000 Readiness Report and authorizing the Official Year 2000 Readiness
Disclosure Statement for the City of Rochester.
Approved the promotion of Charles Roberson to the position of Motor Operator in
the Rochester Fire Department effective February 1, 1999.
Approved the appointment of Stephen D. Swanson to the position of Firefighter in
the Rochester Fire Department.
Adopted Resolution No. 059-99 approving a Professional Services Agreement with
Yaggy-Colby Association for an amount not to exceed $19,530 for the Design of TH
52 East Frontage Road Capacity Improvements.
Adopted Resolution No. 060-99 granting a driveway variance in excess of 32.00
feet wide standard not to exceed 70.00 feet wide on Lot 4, Block 2, Hendricks
Subdivision.
Adopted Resolution No. 061-99 approving Supplemental Agreement #1 in the
amount of $5,313.96 for Project No. 9805 (J-9473) "Extension of Sanitary Sewer
and Watermain Across Alberta Drive N.E."
Adopted Resolution No. 062-99 accepting the bid of Nietz Electric, Incorporated for
Project No. 9552 (J-6373) "Modifications to Traffic Signals on North Broadway from
Civic Center Drive to 14t' Street N.E."
D-17 Adopted Resolution No. 063-99 authorizing the City Clerk to advertise for bids for
Project No. 9858 (J-6392) "Traffic Signal Installation on TH 63 at Rocky Creek
Drive N.E." and authorizing the Mayor and City Clerk to sign the Cooperative
Agreement with Mn/Dot.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5475
Regular Meeting No. 3 — February 1, 1999
Agenda
Item
D-18 Adopted Resolution No. 064-99 accepting the proposal of Buildings Consulting
Group, Inc. to provide professional engineering services for Project No. 8215-27-99
(J-2580) "First Street Ramp 1999 Restoration Work".
D-19 I Adopted Resolution No. 065-99 amending Paragraph (209) of Section "B" No
Parking Zones of the Comprehensive Traffic and Parking Resolution Book to read:
(209) 14th Avenue S.W. on the west side, in front of the premises known as
407, 413 and 445 14th Avenue S.W., at all times.
D-20 Adopted Resolution No. 066-99 establishing a public hearing on March 1, 1999 to
consider creating Permit Parking Zone #8, Kutzky Addition, on First Street S.W. on
both sides from 7th Avenue to 11th Avenue, 5:00-10:00 P.M. Monday through Friday
and 8:00 AM Saturday to 10:00 P.M. Sunday.
D-21 Adopted Resolution No. 067-99 approving a contract between the City of Rochester
and Agronomy Services Plus, Inc. to continue consulting services for proper
management of land application of biosolids from the Water Reclamation Plant
through December 31, 1999.
D-22 Adopted Resolution No. 068-99 awarding a contract to Gridor Construction of
Plymouth, Minnesota, in the amount of $274,300.00 for Miscellaneous Concrete
Repairs at the Water Reclamation Plant.
Ayes (7), Nays (0). Motion carried.
E-1 A Continued Hearing on the Zoning Board of Appeals Decision on a Variance
Request by US West Wireless for a location in the northwest corner of the
Northbrook Shopping Center on North Broadway.
U.S. West has requested an extension of the time allowed for the City to reach a
decision to the March 1, 1999 meeting. They are presently looking at a site that
would not require a variance.
President Hunziker opened the hearing; no one wished to be heard.
Councilmembers Evans moved, Hanson seconded, to continue the hearing on the
Zoning Board of Appeals Decision on a Variance Request by US West Wireless for
a location in the northwest corner of the Northbrook Shopping Center on North
Broadway to March 1, 1999. Ayes (7), Nays (0). Motion carried.
E-2 A Hearing on Type III, Phase II, Preliminary Plat #98-32 by Western Walls,
Incorporated to be known as Diamond Ridge Fifteen.
Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W. Mr. DeWitz stated
that conditions #1, 2. 3 & 4 and 6 were okay. His was concerned with condition #5
and how the Park Department arrived at the 14.46 acres. Can the sedimentation
and detention ponds be used as the basis for the parkland dedication?
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5476 7 6 Regular Meeting No3— February 1,-1999
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Mike Nigbur, Public Works Department, said that Denny Stotz, Park Department,
based it on the 51 acres including the pond and the park. Detention is considered
part of the development itself and part of the buildable area under his assumption.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve Preliminary Plat
#98-32 by Western Walls, Incorporated to be known as Diamond Ridge Fifteen 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 Hearing on Type III, Phase III Conditional Use Permit #98-28 by the Continental
61 Fund to allow for filling in a Flood Prone area.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Last year a letter of support was given by the Council on the floodway zone area.
The area where the buildings will be contained is the floodway because it conveys
overland flow from upstream. This is the area of future 25t' Street. A pipe will be
installed extending the flow to a detention pond and constructing a regional basin
which will eliminate the use for a floodway. The conditional use permit will allow the
applicant to fill in the floodway under a process with FEMA to remove a floodway
designation. The two conditions are acceptable.
Councilmember Hanson asked Mr. Tointon to address the concerns of Naomi
Smyrk's letter of January 11, 1999. Mr. Tointon stated that with the storm sewer
pipe system and regional stormwater basin will improve the drainage characteristics
of this area. Answering a question posed by Councilmember Senjem, Mr. Tointon
stated that there will be no net loss of capacity for surface storage of floodwaters as
a result of the proposed filing.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Senjem to adopt Resolution No. 069-99 approving
Conditional Use Permit #98-28 by the Continental 61 Fund with two conditions.
Ayes (7), Nays (0). Motion carried.
E-4 A Hearing on Type III, Phase II Amendment to the Final Plan for the Planned Unit
Development B-30 which covers the Springer Office Building to permit the
placement of 4 sign block areas on the building not previously approved for in the
Planned Unit Development.
Wishing to be heard was Bill Kolb, representing Realty Growth, as managers of the
property. Mr. Kolb stated that the request for the signage was initiated by the group
of persons leasing space in the facility. Such signage would allow for each
company to have their name on the building. The building would also now be
called the Metro Building rather than the Springer Building and that signage would
be changed as well.
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
CITY OF ROCHESTER, MINNESOTA 5477
Regular Meeting No. 3 — February 1, 1999
Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 070-99
approving Amendment to the Final Plan for the Planned Unit Development B-30
with two conditions. Discussion.
Councilmember Stobaugh pointed out that although the Planning Commission
approved the amendment, they had concern about the uniform_ size, lighting, and
uniformly located on one side of the building. Councilmember Marcoux asked if
there was any way to consolidate all of the signs to make the signage more
aesthetically appealing.
Ayes (5), Nays (2). Motion carried. President Hunziker and Councilmember
Stobaugh voted nay.
E-5 I A Hearing on Final Plat #98-11 to be known as Southern Hills Second.
Mike Nigbur, Public Works Department, noted a change to condition #3 calling for
temporary rather than a permanent sediment control.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that they were in agreement with the five conditions and the
change to condition #3.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
071-99 with five conditions. Ayes (7), Nays (0). Motion carried.
E-6 A Hearing on Type 111, Phase III Conditional Use Permit #98-25 by the City of
Rochester to allow for filling in a Flood Prone area.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
072-99 approving Conditional Use Permit #98-25 by the City of Rochester with two
conditions. Ayes (7), Nays (0). Motion carried.
F-1 Councilmembers Evans moved, McConnell seconded, to sell the property to
Boutelle at his bid of $11,000.00. Discussion.
Councilmember Evans stated that Mr. Boutelle has little or no space to expand
except in this direction. He has been a business owner at this location for many
years; the expansion of South Broadway impacted his business. He said that the
City does not have a need for it; therefore, we should not be holding on to it.
Councilmember McConnell said that the land has no other use except to Mr.
Boutelle; it is unlike the library property that can be used for many other uses. This
property is the same as the Old City Hall that the City kept and tried to lease and in
the end turned it back to private ownership.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Councilmember Marcoux stated that the City should retain the property and lease it.
It will ultimately be the entrance to the City. This is also the start of the trail system
along the river and will be needed in the future for expansion for that use.
Ayes (2), Nays (5). Motion denied. Councilmembers Hanson, Marcoux, Senjem,
Stobaugh and President Hunziker voted nay.
Councilmembers Stobaugh moved, Marcoux seconded, to grant Jeff Allman,
developer of the Old City Hall Building, project an additional $65,000 TIF assistance
for the development of the building. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
073-99 amending Resolution No. 049-99 to include 16t' Avenue N.W. as Priority #3
on the list of candidate projects to be submitted to MnDot for TEA 21 funding
subject to the condition that a redevelopment agreement between the City and
Developer(s) for the redevelopment of the northeast quadrant of the TH 14/52
interchange at Civic Center Drive be executed no later than March 15, 1999.
Discussion.
Councilmember Senjem indicated that he would vote against the motion due to the
fact that the Council had made a previous commitment to a developer that this area
would remain untouched.
Richard Freese, Public Works Director, noted paragraph three on page 170 of the
Request for Council Action saying that the developer has asked that the
construction project proceed as it will favorably impact his development. Mr.
Freese also noted that if the $800,000 is not received nor the redevelopment
agreement signed, the project will not go forward.
Ayes (7), Nays (0). Motion carried.
Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No.
074-99 executing a Parking Management Agreement with Republic Parking for the
City's Downtown Parking Enterprise for a term of five years effective April 1, 1999.
Ayes (7), Nays (0). Motion carried.
Terry Adkins, City Attorney, informed the Council that due to an impending lawsuit
with DeLite Advertising, it is advantageous for the City to have a revocable permit
with Tri-State for the placing of an advertising sign. In the event that the lawsuit is
not won with DeLite, the City is protecting its interest in requiring the sign to be
removed.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
075-99 issuing a revocable permit to Tri-State for an advertising sign along the
DM&E right-of-way south of 1602 Seventh Street N.W. Ayes (7), Nays (0). Motion
carried.
An Ordinance Establishing the Salaries of the Mayor, Councilmember-at-Large, and
Councilmembers, was given a second reading. Councilmembers Senjem moved,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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RegularlTMeeting No 3 — ebRruaryN1NF�9@9TA
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
G-3b An Ordinance Rezoning Certain Property From the R-1 District to the R-2 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 Stobaugh moved, McConnell seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (North side of Country
Club Road, East of Cascade Creek West of Mayo Surface Parking Facility — Aval
Cove)
1-1 Terry Adkins, City Attorney, explained that the Council had tabled indefinitely an
ordinance dealing with the matter in which the City measures distance separation
between an advertising sign and a residential district. The case which prompted
the ordinance proposal, the Godfathers Pizza billboard sign, is the subject of a
neighborhood meeting on February 8, 1999. Mr. Adkins recommended that the
matter of the ordinance be removed from the table and retabled until the February
17, 1999 meeting.
Councilmembers Stobaugh moved, McConnell seconded, to remove from the table
the proposed ordinance dealing with distance separation between advertising signs
and residential districts. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh moved, Senjem seconded, to retable the proposed
ordinance dealing with distance separation between advertising signs and
residential districts to the February 17, 1999 meeting. Ayes (6), Nays (0), Abstain
(1). Motion carried. Councilmember Evans abstained due to conflict of interest.
1-2 Councilmembers Senjem moved, Evans seconded, to direct the City Attorney to
prepare an ordinance extending the Manufactured Home Park Moratorium an
additional 60 days to March 20, 1999. Ayes (7), Nays (0). Motion carried.
Councilmember Senjem complimented and thanked Jeff Allman on the outstanding
job of restoration and use of the Old City Hall.
Having no further business, Councilmembers McConnell moved, Stobaugh
seconded, to recess the meeting to 4:15 P.M. on February 8, 1999, to consider a
possible settlement on a worker's compensation case and to give the ordinance on
extending the Manufactured Home Park Moratorium first and second readings.
City Clerk
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