HomeMy WebLinkAbout02-17-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular AdjournecAeeingo T5ERFItluaiS19T'1�999
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A-1 i 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
Councilmembers present: Mack Evans, Marcia Marcoux, David Senjem, Walter
Stobaugh. Absent: Dennis Hanson, Jean McConnell.
Mayor Canfield introduced Carole Shulman, Executive Director, and other membe
of the organization of Professional Skaters Association International, headquarters
in Rochester. He noted that the City was extremely lucky to have such a
prestigious organization within our City. Mayor Canfield also thanked those prese
for the bronze sculpture lent to the City to be placed in the City Hall rotunda for all
to enjoy.
D-1- Councilmembers Senjem moved, Marcoux seconded, to approve the following
16, 18 consent agenda items:
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D-1 Approved the minutes of the February 1st and 8th, 1999 meetings.
D-2 Approved the transfer of $5000 from the 1999 Contingency Account for the 1999
Highway 14 Partnership membership.
D-3 Adopted Resolution No. 077-99 approving the purchase of two airport maintenance
vehicles off the state contract bid with Eggebrecht Chevrolet of Duluth, Minnesota
and Falls Automotive of Fergus Falls, Minnesota.
D-4 Adopted Resolution No. 078-99 approving the bid of Kreofsky Construction for the
construction of Project No.J-6919 "Ten Unit T-Hanger at the Rochester
International Airport" in the amount of $218,640.00 and entering into a Hanger
Financing and Repayment Agreement with Mn/Dot Office of Aeronautics.
D-5 IAdopted Resolution No. 079-99 accepting a FAA Grant offer of $581,290 for the
completion of the Air Cargo Ramp and Roadway Project.
D-6 Adopted Resolution No. 080-99 approving the execution of Amendment No.1 to the
State Aid Agreement to develop Storm Water Pollution Prevention Plan at the
Rochester International Airport.
D-7 I Adopted Resolution No. 081-99 approving a Professional Services Agreement, not
to exceed $21,091.05, with McGhie & Betts for airport paving projects.
D-8 Instructed the City Attorney to prepare the required ordinance to amend Section
85.02 of the Indecent Conduct Ordinance to remove the fourth paragraph ruled by
Judge Mork of the Olmsted County District Court to be vague, ambiguous and
unconstitutional.
D-9 Approved payment of Accounts Payable in the amount of $941,163.78.
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Regular Adjourne�I�Aeeo g�o Yf IF ruary 17, 1999
Adopted Resolution No. 082-99 approving and consenting to the Sale of
Educational Facility Bonds on Behalf of Aldrich Memorial Nursery School, Inc.
Approved the appointment of Norbert Ryan to the Fire Civil Service Commission
filling the expired term of Paul Skovbroten and running to April 1, 2002.
Approved the appointment of Jeff Allman to the Committee on Urban Design and
Environment.
Approved the appointment of Jeff Vert to the Citizen's Advisory on Transit filling the
expired term of Kathy Cherry and running to December 31, 2001.
Adopted Resolution No. 083-99 approving the labor contract with Law Enforcement
Labor Services for the years 1999, 2000 and 2001.
Adopted Resolution No. 084-99 approving the Police Department's request for
authorization to apply for continued funding for the Sexual Assault Interagency
Council (SAIC) Coordinator position.
Approved properly trained volunteers to issue disabled parking citations and
instructed the City Attorney to prepare the required ordinance for adoption.
See at end of D items.
Adopted Resolution No. 085-99 authorizing the sale of property at 302 Fifth Avenu
N.W., deeded to the City as part of the removal of condemned homes.
Adopted Resolution No. 086-99 authorizing the issuance of a revocable permit and
obstruction permit to the Mayo Foundation and Campbell Hotel Properties for the
Mayo Support Service Building located at the SW corner of Td Street S.W. and 2"d
Avenue S.W., contingent upon the passage of item E-2. The relationship of
Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted.
Adopted Resolution No. 087-99 authorizing the City Clerk to advertise for bids for
Project No. 7106-98 (J-9508) "Widen East Frontage Road, extending from 55th
Street N.W. to Pennington Court N.W." to be opened on April 5, 1999.
Approved to change 45th Lane N.W., platted in Manorwoods West Seventh and
Tenth Subdivision, south of 5th Street N.W., to 45th Manor Lane N.W. and instructed
the City Attorney to prepared the required ordinance for adoption
Adopted Resolution No._ 088-99 approving a Storm Water Management Agreement
for the undeveloped lots of Plaza 41 Northwest and Plaza 41 Northwest Second
Subdivisions.
Adopted Resolution No. 089-99 authorizing the City Clerk to advertise for bids for
Project No. 7503-19-99 (J-4894) "Construction of 7th Street N.E. Pedestrian (Silver
Lake Trail) Bridge over Zumbro River", to be opened on March 31, 1999.
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CITY OF ROCHESTER, MINNESOTA 5483
Regular Adjourned Meeting No. 5 — February 17, 1999
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D-24 Adopted Resolution No. 090-99 authorizing the City Clerk to advertise for bids for
Project No. 6306-2-99 (J-9526) "Reconstruction of 6th Avenue S.E. from East
Center Street to 4th Street S.E,", to be opened on March 31, 1999.
D-25 Adopted Resolution No. 091-99 authorizing the City Clerk to advertise for bids for
Project No. 5703-99 (J-9522) "Reconstruction of Walden Lane S.W. from Folwell
Drive S.W. to Skyline Drive S.W.", to be opened on March 31, 1999.
D-26 Adopted Resolution No. 092-99 authorizing the City Clerk to advertise for bids for
Project No. 6201-3-95 (J-9330) "Reconstruction of Vt Street From 11th Avenue
S.W. to 16th Avenue S.W. Project Includes Street Reconstruction, Curb and Gutter,
Storm Sewer, Sanitary Sewer Repair and Watermain Replacement", to be opened
on March 31, 1999.
D-27 Adopted Resolution No. 093-99 authorizing the City Clerk to advertise for bids for
Project No. 6206-4-98 (J-9468) "Storm Sewer and Concrete Curb and Gutter in 6th
Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W.", to be opened on
March 31, 1999.
D-28 Adopted Resolution No. 094-99 approving Supplemental Agreement #2 for Project
No. 6207-1-98 (J-9466) "Mill and Overlay on 7th Street N.E. from North Broadway to
11th Avenue N.E.", in the amount of $2,572.18.
D-29 Adopted Resolution No. 095-99 authorizing the City Clerk to advertise for bids for
Project No. 9954 (J-6399) "Traffic Signal Painting Program" and Project No. 8215-
30-99 (J-4961) "Parking Ramp Painting", to be opened on March 10, 1999.
D-30 I Adopted Resolution No. 096-99 authorizing staff to submit applications for two 1999
DNR Outdoor Recreational Grant Programs.
D-31 I See at end of D items.
D-32 I Approved the application of Kevin Michael DBA Riverside Sand ad Gravel for a
Sewer and Drain License for the 1999 year.
Ayes (5), Nays (0). Motion carried.
D-17 Terry Adkins, City Attorney, noted that the actual development assistance
agreement with Continental Properties, Seneca and the City of Rochester has not
been finalized. Details are being worked out; he asked that the Council approve
both the development agreement and development assistance agreement subject
to the City Attorney's determination that the language in the development
assistance agreement does not materially deviate from the Request for Council
Action.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
096A-99 approving the Development Agreement with Continental Properties and
the Development Assistance Agreement with Continental Properties and Seneca
subject to the City Attorney's determination that the language in the development
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5484 CITY OF ROCHESTER, MINNESOTA
Regular A 'ourned Meeting No_ 5 — February 17, 1999
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assistance agreement does not materially deviate from the Request for Council
Action. Ayes (5), Nays (0). Motion carried.
Terry Adkins, City Attorney, noted a conflict in the Request for Council Action
asking to add paragraph 15 and later 1.6. He asked that the Council approve the
item subject to the City Attorney's determination that the correct paragraph is so
noted and corrected on the Request for Council Action.
Councilmembers Evans moved, Marcoux seconded, to adopted Resolution No.
097-99 adding and amending the Comprehensive Traffic and,Parking Resolution
Book, subject to the City Attorney's determination that the correct paragraph is so
noted and corrected on the Request for Council Action, to read:
A) Adding paragraph (1.6) to Section E "Passenger Loading Zones"
(1.6) South Broadway, on the west side of the street, from Third Street
north to a point 140 feet more or less north of Third Street, in front of
the premise known as 225 South Broadway, 15-minute limit.
B) Amending paragraph (2.5) of Section I "Metered Parking (Zone C — 30
minute limit"
(2.5) South Broadway, on the west side of the street, from Second Street
to Fourth Street.
Ayes (5), Nays (0). Motion carried.
A Hearing on Type III, Phase II Amendment to Restricted Development Conditional
Use Permit #98-5 by Franklin P. Kottschade to expand a granular material
processing area on the south side of Willow Creek and to add a portable
bituminous drum mixer facility.
President Hunziker stated that the applicant has requested that the hearing be
continued to March 15, 1999.
No one wished to be heard at this time.
Councilmembers Senjem moved, Evans seconded, to continue the hearing on Type
III, Phase II Amendment to Restricted Development Conditional Use Permit #98-5
by Franklin P. Kottschade to March 15, 1999. Ayes (5), Nays (0). Motion carried.
A Hearing on Incentive Development #98-29 by the Mayo Foundation to allow for a
building to be constructed that exceeds the floor area permitted as a Type I use in
the Central Business District of the Central Development Core.
Wishing to be heard was Scott Ramsey, Project Manager, Mayo Foundation, 820
15t' Street S.E. Mr. Ramsey was available for questions from the Council.
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Having no one further wishing to be heard, President Hunziker closed the hearing.
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CITY OF ROCHESTER, MINNESOTA 54�5
Regular Adjourned Meeting No. 5 — February 17, 1999
Mike Nigbur, Public Works Department, noted that condition #1 has been satisfied
under item D-19 of the agenda and condition #2 should be withdrawn. The alley
will be two-way for the present with the traffic patterns studied.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 098-
99 approving Incentive Development #98-29 by the Mayo Foundation with two
conditions. Ayes (5), Nays (0). Motion carried.
Councilmembers Senjem moved, Evans seconded, to waive the final plan stage.
Ayes (5), Nays (0). Motion carried.
The relationship to the Mayo Foundation for Councilmembers Senjem and
Stobaugh was noted.
E-3 A Hearing on Type III, Phase II Restricted Development Preliminary Plan #98-27 by
the Kendal Group for the development of two multi -family buildings on property
zoned R-2 located along the east side of East Circle Drive, east of 16th Avenue N.E.
Wishing to be heard was Nancy Miller, TDI Associates, 1285 Sunnyridge Road,
Pewaukee, Wisconsin, and Ken Miller, The Kendal Group, 4513 Milky Way Road,
Waukesha, Wisconsin. They were available for questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded; to adopt Resolution No.
099-99 approving Restricted Development Preliminary Plan #98-27 by the Kendal
Group with seven conditions. Ayes (5), Nays (0). Motion carried.
E-4 A Hearing on Type III, Phase II, Land Subdivision Permit #98-35 by South
Broadway Partners, LLC to be known as South Broadway Business Center First
Addition located east of Highway 63 South, northeast of St. Bridget Road.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve Land Subdivision
Permit #98-35 by South Broadway Partners, LLC to be known as South Broadway
Business Center First Addition with three conditions and instruct the City Attorney
to prepare Findings of Fact, Conclusions of Law and Order. Ayes (5). Nays (0).
Motion carried.
E-5 A Hearing on Type I II, Phase Amendment to the Final Plan for the Best Western
Apache PUD to permit the construction of two advertising signs.
Wishing to be heard was Ray Kosis, General Manager of Tri-State Outdoor Media
Group, 505 17`h Avenue N.W. Mr. Kosis explained that the property, as it exists
today at Best Western Apache, by all standards would be a legal location and was
so prior to the developer having a need to modify the use of the land. It was zoned
B-3 in 1975 which permitted off -premise signs. When the property was changed to
a PUD there was no foresight to include for off -premise signs. The two sites being
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
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applied for should not be offensive to anyone. He noted, however, that the
Planning staff did find that the signs would make clutter and would appear unsightly
and distracting. Mr. Kosis presented for the Council's perusal two photographs that
showed the Highway 52 and 16th Street proposed sign locations, commenting that
he did not feel either location would be cluttering or offensive.
Terry Adkins, City Attorney, asked Mr. Kosis to review criteria 61.146 paragraphs 2
and 3 and if the PUD does or does not satisfy the two points. Mr. Kosis replied that
the signage is there to be seen but in all aspects they have tried to place their
signage so as to not be offensive to anyone in the neighborhood; there is no one
along Highway 52 to find it offensive and on 16th Street a developer might be
placing a building across the street and it is questionable that the sign would even
be visible.
Wishing to be heard was Dan Berndt, 505 Marquette Bank Building, representing
Gus and Ted Chafoulias. He spoke only to the sign on 16th Street. Property was
purchased 75 feet south of the 16'h Street location by the Chafoulias brothers to
build a small commercial site with a bank building. The building would sit in the
southwest corner of the Best Western lot. Commitments on this space have been
made. The sign 75 feet to the north would block the view of the center which has
been in the development for the past two to three years.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Evans noted that he would abstain due to his relationship with
having a billboard on his site.
Councilmembers Stobaugh moved, Marcoux seconded, to uphold the Planning
Commission's denial and adopt the findings of the Planning Commission which
included the findings of the staff. Ayes (4), Nays (0), Abstain (1). Motion carried.
Councilmember Evans abstained.
E-6 A Hearing on Type 111, Phase II Zoning District Amendment #98-23 by the
Professional Skaters Association to Rezone Lots 1-6, Block 1, Country Club
Estates Subdivision from the R-1 to the B-5 District on property located along the
south side of Country Club road, east of West Circle Drive.
Wishing to be heard was David Schwartzkopf, 331 Wimbledon Hills Drive S.W. Mr.
Schwartzkopf told the Council that prior to purchasing his home he asked about the
possibility of rezoning for the surrounding property. He was concerned that any
rezoning to commercial might significantly impact the value of his property. He was
assured that it would remain R-1.
Wishing to be heard was Bob Suk, Attorney, 18 Td Street S.W., representing the
Professional Skaters Association. Mr. Suk noted that when the land was annexed
to the City it came into the City as R-1; they are proposing to rezone to B-5 all six
lots. No further development of the other lots is planned at this time. Once the
building is completed, there would be specific covenants placed on future
development. This building would be an asset to the City. The area is buffered;
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Regular Adjourned Meeting No. 5 — February 17, 1999
there is a tremendous breakpart between the development and the subdivision on
the top of the hill. He stated that they had contacted 70 of the homeowners in the
area and had no opposition and, in fact, letters of support for the development of
the Professional Skaters Association building were received.
Wishing to be heard was Lowell Johnson, 349 Wimbledon Hills Drive S.W. Mr.
Johnson noted that they are opposing the zoning change. They had researched
the possibility of rezoning thoroughly prior to buying their home and were told that
the R-1 zone would remain. The development calls for parking for 60 cars and that
is not something that they wish to look at. The area should be kept as
natural/agricultural property.
Wishing to be heard was Steve Rolsch, Attorney, 423 Third Avenue S.E.,
representing the Younge Development Company. Younge Development is the
developers for Eagle Ridge Subdivision. There is only one access to the
development, the road to Wimbledon Hills. To show prospective buyers future
homes and having to pass by the skaters building is not conductive to selling of
lots. The plan in 1989 was R-1. It should remain R-1. The character of the
neighborhood is clearly residential.
Wishing to be heard was Doug McDowall, 808 11t' Street S.W. Mr. McDowall
stated that he had sold lots in Eagle Ridge. He was also under the impression that
the area below was R-1 and would remain R-1. Although the skaters building
would be beautiful, he is concerned about the other buildings in the development.
He was also concerned about those residents now living in Eagle Ridge who also
thought that the area would remain R-1.
Wishing to be heard was Darrell Joel, 419 Eagle Lane S.W. Mr. Joel stated that he
and his wife have just relocated from New York. Prior to building, they were told
the area was R-1 and would remain R-1. They had experienced the same scenario
in New York which resulted in lowering property values.
Wishing to be heard was George Bayrd, 1020 Tenth Street S.W. Mr. Bayrd works
with the Skaters Association. He pointed out that when driving from the Civic
Center to Circle Drive there is no R-1 zoning along the stretch but this small area.
The area has been zoned R-1 for the past ten years and no development has
occurred; developers have had ample opportunity to purchase the land if they were
concerned about the entrance to their developments. There is a large elevation
change. The Association has only a few employees; the 60 parking spaces shown
are required by the City and not what the Association would want or need. They
are concerned about who their neighbors are in the future and will be very strict in
who buys/leases and develops the remaining lots.
Mitzi Baker, Planning Department, clarified the uses allowed in a B-5 zoning district
are extremely limited; only seven use categories are allowed. Five of these same.
uses are included in the R-1 district. She also noted that when the actual site plan
is presented, there may be a change in the number of parking spaces required.
Ms. Baker stated that there is also a means through a design modification process
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5488 CITY OF ROCHESTER, MINNESOTA
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where evidence is provided to the Planning Department that not all of the required
parking spaces may be needed.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Marcoux asked if it would be possible to postpone any action to
give the developer time to meet with Younge Development and other persons who
have questions about the project. Bob Suk agreed with the postponement and to
meet with those concerned.
Councilmembers Evans moved, Marcoux seconded, to reopen the hearing. Ayes
(5), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to continue the hearing to
March 1, 1999. Ayes (5), Nays (0). Motion carried.
A Hearing on Final Plat #98-30 to be known as Northern Heights North Third
Subdivision.
Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing
the applicant. Mr. DuMond was available for questions and noted that they were in
agreement with the two conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
100-99 approving Final Plat #98-30 to be known as Northern Heights North Third
Subdivision with two conditions. Ayes (5). Nays (0). Motion carried.
A Hearing on Final Plat #99-5 to be known as Mayo Run Subdivision.
Mike Nigbur, Public Works Department, noted that this is a city -initiated plat
designed to clean up the vacations of the alleyways and roadways from several
years ago as well as the acquisitions from DeWitz and Alexander.
Councilmember Stobaugh asked if a condition could be added to vacate 15th
Avenue S.E. since it will never be built. Mitzi Baker, Planning Department, stated
that the final plat could be approved and the Council initiate the vacation as a
separate issue.
Mike Nigbur also noted that the condition should be added to the plat that the lot for
the land area for the right-of-way should be applied to the abutting lots.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 101-
99 approving Final Plat #99-5 to be known as Mayo Run Subdivision with the
condition for the right-of-way. Ayes (5), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Councilmembers Stobaugh moved, Marcoux seconded, to initiate vacation of 15th
Avenue S.E. Ayes (5), Nays (0). Motion carried.
E-9 A Hearing on Annexation by Ordinance Petition #99-1 by Western Walls, Inc. to
Annex land located north of 7th Street N.W., west of 46th Avenue N.W. and south of
TH 14, within part of the Diamond Ridge General Development Plan.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Senjem seconded, to approve Annexation by
Ordinance Petition #99-1 by Western Walls, Inc and instructed the City Attorney to
prepare the required ordinance for adoption. Ayes (5), Nays (0). Motion carried.
E-10 A Hearing to Consider Local Improvement Project No. 6205-4-99A (J-9540)
"Concrete Curb and Gutter and Resurface 5th Place N.W. from 16th Avenue N.W. to
Civic Center Drive N.W.".
Terry Adkins, City Attorney, informed the Council that action could not be taken on
items E-10 or E-11 as they required a 6/7th vote for passage and the required
number of councilmembers were not present.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Local Improvement Project No. 6205-4-99A (J-9540) "Concrete Curb and Gutter
and Resurface 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W."
on March 1st, 1999. Ayes (5), Nays (0). Motion carried.
E-11 A Hearing To Consider Levying the Proposed Assessments for Improvement
Project No. 6205-4-99A (J-9540) "Concrete Curb and Gutter and Resurface 5th
Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.".
The required number of councilmembers needed for passage was not present.
Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing on
Local Improvement Project No. 6205-4-99A (J-9540) "Concrete Curb and Gutter
and Resurface 51h Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W."
on March 1st, 1999. Ayes (5), Nays (0). Motion carried.
F-1 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
102-99 requesting the City's State Legislative representatives to introduce special
legislation authorizing the increase in Rochester's hotel/motel tax from 3 percent to
4.5 percent. Ayes (5), Nays (0). Motion carried.
F-2 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
103-99 approving the need for a project labor agreement and executing a project
labor agreement for the Mayo Civic Center expansion project. Ayes (5), Nays (0).
Motion carried.
F-3 Councilmembers Stobaugh moved, Senjem seconded, to call for a public hearing
on March 15, 1999, to give preliminary approval for the issuance of up to
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$33,000,000 in revenue bonds on behalf of Governmental and Educational
Assistance Corporation (GEAC) and to approve a housing program for the project.
Ayes (5), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
105-99 approving the Layout Approval for No. 2C, S.P. 5508-80 (52=20) Plan from
5th Street N.W. to TH 63 reflecting the City Council conditional approval for this
phase of the Trunk Highway 52 Corridor Layout Plan. Discussion.
Councilmember Senjem asked if this was the final opportunity for the City to
recommend that the corridor layout plan through the City contain six lanes rather
than four and the possibility of an additional crossing of TH52 at First/Second Stree
S.W. Doug Nelson, Public Works Department, noted that there will be an
environmental impact (EIS) public hearing scheduled by MnDot for both public and
agency comments if MnDot decides to construct the six -lane alternative initially
versus the four -lane alternative. He felt that the issue of six lanes is being
considered by MnDot at this time. Terry Adkins, City Attorney, however, felt that
this was the only approval option on the layout plan.
Councilmembers Senjem moved, Stobaugh seconded, to amend the motion adding
the concerns about six lanes through the core of the City on the layout plan and the
concern with the First/Second Street S.W. crossing. Ayes (5), Nays (0). Motion
carried.
Ayes (5), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
106-99 authorizing staff to retain consultants, acquire the needed land rights and
have settlement flexibility for the 48th Street S.W. roadway improvement project, the
Airport Expansion Project, and Sanitary Sewer to Serve Vacant Lands lying
between Highway 63 South and 18th Avenue S.W. and the 11th Avenue S.W. road
improvement project. Ayes (5), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
107-99 approving a contract with Gillig Corporation for the purchase of four buses
at a unit cost of $233,988. Ayes (5), Nays (0). Motion carried.
An Ordinance Amending and reenacting Section 85.02 of the Rochester Code of
Ordinances, Relating to Indecent Conduct, was given a first reading.
An Ordinance Creating and Enacting Sections 21.06 of the Rochester Code of
Ordinances, Relating to the Establishment of a Disabled Parking volunteer
Enforcement Program with the City of Rochester Police Department, 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 and
Tenth Subdivisions, was given a first reading.
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Regular Adjourned Meeting No. 5 — February 17, 1999
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G-2d I An Ordinance Annexing to the City of Rochester Approximately 50.32 Acres of
Land Located in a Part of the Northwest Quarter of Section 32 and a Part of the
Southwest Quarter of Section 29, Township 107 North, Range 14 West, Olmsted
County, Minnesota, was given a first reading.
G-3a An Ordinance Annexing to the City of Rochester Approximately 1 Acre of Land
Legally Described as Lots 1, 2 and 3, Fairview Acres Subdivision, Section 18,
Marion Township, Olmsted County, Minnesota, was given a second reading.
Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (5), Nays (0). Motion carried. (North Side of Pinewood Road, West of
Fairview Court S.E.)
G-3b An Ordinance Rezoning Certain Property From the R-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 second
reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the
Ordinance as read. Ayes (5), Nays (0). Motion carried. (East of the Existing
Target store)
G-3c An Ordinance Rezoning Certain Property From the R-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 second
reading. Councilmembers Marcoux moved, Evans seconded, to adopt the
Ordinance as read. Ayes (5), Nays (0). Motion carried. (East Side of Highway 63,
South of 48th Street S.E., North of Quarve Road S.E.)
G-3d An Ordinance Rezoning Certain Property From the R-1 District to the R-1 x 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 Senjem moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (5), Nays (0). Motion carried. (West of Manor view drive
N.W., North of Country Club Road, South of 3`d Street N.W. — Carriage Homes)
G-3e 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 Evans moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (5), Nays (0). Motion carried.
G-4a Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 108-
99 approving an owner contract with Mortenson Properties and M.A. Mortenson for
Project No. J-9558 "Watermain and Hydrant to Serve Lots 2 & 3, Block 1, Plaza 41
Northwest Subdivision". Ayes (5), Nays (0). Motion carried.
G-4b Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
109-99 approving an owner contract with Verna E. Badger Trust and Road
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 4 9 2 Reg, liar Meeting No 5— February 17, 1999
Agenda
Item
H-1
I -a
Constructors, Inc. for Project No. J-9479 "Construct 40th Avenue N.W. in Northview
Subdivision (Lots 1-5, Block 1 and Lot 1, Block 2)". Ayes (5), Nays (0). Motion
carried.
Councilmembers Marcoux moved, Stobaugh seconded, to remove from the table
the item on the Amendment to the Zoning Ordinance and Land Development
Manual — Advertising Signs, and set a public hearing date for March 15th, 1999.
Ayes (5), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to set a public hearing for
April 5th, 1999 for the consideration of the proposed Subdivision Regulations
Ordinance. Ayes (5), Nays (0). Motion carried.
Having no further business, Councilmembers Evans moved, Marcoux seconded, to
adjourn the meeting. Ayes (5), Nays (0). Motion carried.
ity Clerk