HomeMy WebLinkAbout09-08-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 — September 8 1999 5 6,11
Agenda
Item
A-1 Gerry Werven, 3707 Seventh Street N.W., wished to be heard during the Open
Comment Period. Mr. Werven presented a petition from the neighbors along
Seventh Street N.W. asking that the City take measures to insure safer traffic
controls. He stated that Seventh Street is now a short cut to Highway 14 West and
is used by an increasing number of cars each day. He pointed out that there are
many small children in the neighborhood that could be hurt. Mr. Werven asked that
additional signage and police patrols be added and asked that the Public Works
Department look at the situation.
B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following
Councilmembers present: Mack Evans, Dennis Hanson, Marcia Marcoux, Jean
McConnell, David Senjem, Walter Stobaugh. Absent: None
D-1-5, Councilmembers Evans moved, Stobaugh seconded, to approve the following
7-27 consent agenda items.
President Hunziker acknowledged the parties involved in donations to the
Rochester Police Department contained in items D-16, 17, 18, 19, 20, and 21.
D-1 Approved the minutes of the August 16 and August 23, 1999 Council meetings.
D-2 Adopted Resolution No. 554-99 approving the deletion of two .6 part time
dispatcher positions and the creation of one full time dispatcher position in the
Rochester Police Department.
D-3 Adopted Resolution No. 555-99 approving the proposed policy on reclassification
requests and Resolution No. 556-99 approving a name change of the department
from Personnel to Human Resources and the name of the position of Director of
Employee Relations be replaced with the name of Director of Human Resources.
D-4 Approved the participation of the City of Rochester in the Minnesota Association of
Community Telecommunications Administration (MACTA) policy and legislative
component in the amount of $1000.00 from the Contingency Account.
D-5 Adopted the recommendation of the Rental Housing Complaint Board not to hold a
public hearing on a disorderly use property violation at 305 101h Street S.E.
D-6 See at the end of the D Items.
D-7 Adopted Resolution No. 557-99 setting a public hearing on October 18, 1999 to
consider the establishment of a Tax Increment Financing District on the Rose
Harbor Estates Subdivision.
D-8 Adopted Resolution No. 558-99 executing a contract with Interspace Airport
Advertising for the advertising concession at the Rochester International Airport for
a ten-year period.
D-9 Approved the following Public Utility resolutions:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5678 RPM liar Meeting No 19 —September 8, 1999
Agenda
Item
D-10
D-11
Adopted Resolution No. 559-99 entering into a purchase agreement with Boyer
Trucks for one Sterling Model L7501 truck cab and chassis in the amount of
$49, 682.00.
Adopted Resolution No. 560-99 entering into a purchase agreement with Burns &
McDonnell for engineering services for installation of a 27 mW gas turbine in the
amount of $50,000.00.
Adopted Resolution No. 561-99 entering into a purchase agreement with Paradigm
Consulting Group, Inc. for implementing of a cashiering system in the amount of
$49, 965.00.
Adopted Resolution No. 562-99 approving the Settlement Agreement in the case
entitled Daniel Jensen v. City of Rochester in the amount of $12,500.
Approved the following licenses and miscellaneous activities:
Beer 3.2 On -Sale
Rochester Amateur Sports Commission — Sports Event at Olmsted County
Fairgrounds — September 4, 1999 (prior approvals: Evans, McConnell, Stobaugh,
Hunziker)
Gambling — Premise Permits
Olmsted County Hockey Association — at C.J.'s Midtown Lounge
Rochester Juvenile Hockey Association — at C.J.'s Midtown Lounge
Gamblinq — Temporary Raffle
St. Francis of Assisi X Church — October 3, 1999 (request to waive holding
period)
Heating Contractor
Ross Refrigeration, Cedar Rapids, Iowa
Master Installer
William B. Thompson, Cedar Rapids, Iowa
Sewers & Drains
Pete's Water and Sewer, Minneapolis, Minnesota
Outdoor Dining Renewal
Victoria's Restaurant, Rochester
Daube's Konditorei & German Restaurant
Sound Amplification Permits
Mary Jo Weis Memorial Run — Band at Silver Lake Park — October 16, 1999
Church of God — Annual Picnic and Worship Service — Slatterly Park —
September 5, 1999 (prior approvals: McConnell, Evans, Marcoux, Hanson)
Bethany United Methodist Church — Outdoor Gospel/Bluegrass Band —
September 19, 1999
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
D-12
D-13
D-14
D-15
D-16
D-17
D-18
D-19
D-20
D-21
D-22
D-23
CITY OF ROCHESTER, MINNESOTA 5679
Regular Meeting No. 19 — September 8, 1999
Miscellaneous Street Use
John Marshall High School — Annual Homecoming Parade — September 24,
1999
Century High School — Annual Homecoming Parade — October 15, 1999
Approved Accounts Payable in the amount of $3,371,823.42.
Adopted Resolution No. 563-99 executing an agreement with McGhie and Betts for
design services for Project No. J-4883 "Pedestrian Bridge Abutment Construction at
Cascade Lake" in the amount of $12,000.00.
Appointed Earl Christopher Ford to the position of Firefighter in the Rochester Fire
Department.
Adopted Resolution No. 564-99 approving the Environmental Impact Statement for
the Garden Manufactured Home Park.
Accepted the donation of $500 from Sunstone Hotel Properties, Inc. for the Cop
Talk Live expenses.
Adopted Resolution No. 565-99 accepting $19,606 from the Department of Justice
Cops More 96 grant renewal for the hiring of civilian police aids to assist officers.
Accepted the donation of the use of two vans from Clements Chevrolet to transport
members of the Rochester Police Department honor guard to Camp Ripley for
training.
Accepted the donation of $250 from the Rochester Olmsted Safety Council to the
Rochester Police Department to promote Safe & Sober campaign functions.
Accepted the donation of a tire -deflating device from Stop Stick, Ltd. to the
Rochester Police Department.
Accepted the donation from an anonymous donor for 18 12-volt cellular phone
chargers for the Rochester Police Department.
Adopted Resolution No. 566-99 approving the application for drug dog grant funds
through the Minnesota Department of Public Safety Community -Oriented Policing
(COPS) program.
See after E-4 Item.
D-24 . Adopted Resolution No. 567-99 entering into an acquisition agreement with Blake
Murray for the needed right-of-way property for 60t" Street S.W., Project No. J-
9321, in the amount of $12,100.00.
D-25
Authorized the purchase of an "E-size" copier/scanner for the Public Works
Department in the amount of $30,000.
5680
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
D-26
D-27
E-1, 2
&3
Adopted Resolution No. 568-99 amending the previous city -owner contract for
Project No. J-9580 "Watermain and Storm Sewer to Serve Wal-Mart" changing the
name of the contractor from Weis Builders to Fraser Construction.
Adopted Resolution No. 569-99 entering into a cooperative agreement with the
Rochester Olmsted Council of Governments (ROCOG) for transportation planning
services for 2000 and 2001.
Ayes (7), Nays (0). Motion carried.
Councilmember Senjem stated that he would be voting against the initiation of a
text amendment saying that he felt that a person should be able to spend what they
wanted to on their property.
Councilmembers Stobaugh moved, Evans seconded, to approve the initiation of a
text amendment to the non -conforming provisions of the City of Rochester Zoning
Ordinance and Land Development Manual on concerns expressed relating to the
potential for repair and maintenance of multi -family dwelling structures. Ayes (6),
Nays (1). Motion carried. Councilmember Senjem voted nay.
Continued Hearings on General Development Plan #99-139, Land Use Plan
Amendment #99-4, and Zoning District Amendment #99-14 by Klaxon Properties,
Inc. on property located north of 2"d Street N.W., west of TH 52.
Staff recommended that the three items be continued to September 20, 1999, to be
able to receive revised plans that further address traffic related concerns.
Councilmember Stobaugh moved, Marcoux seconded, to continue the hearings on
General Development Plan #99-139, Land Use Plan Amendment #99-4, and
Zoning District Amendment #99-14 by Klaxon Properties, Inc. to September 20,
1999. Ayes (7), Nays (0). Motion carried.
E-4 A Continued Hearing on Type III, Phase I, Final Plat #99-37 by Volunteers of
America Care Facilities, to be known as The Homestead, located along the north
side of 55`" Street N.W., west of 18d' Avenue N.W.
Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. Mr. Masterpole noted that they were in agreement with all of the
conditions. They will still need to submit a grading plan to the Public Works
Department for their approval. In response to a questions from Councilmember
Senjem, Mr. Masterpole stated that the detention pond for the Kings Run area will
be in the first phase of the project.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmember Hanson moved, Marcoux seconded, to adopt Resolution No. 570-
99 approving Final Plat #99-37 by Volunteers of America Care Facilities, to be
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
CITY OF ROCHESTER, MINNESOTA 5 -
Regular Meeting No. 19 — September 8 1999
known as The Homestead with 15 conditions on pages 101 and 102 and Resolution
No. 571-99 with 8 conditions on pages 102 and 103 as to the Substantial Land
Alteration. Ayes (7), Nays (0). Motion carried.
D-23 Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 572-
99 entering into a Development Agreement for the Volunteers of America (VOA)
property at the intersection of 18th Avenue N.W. and 55th Street N.W. Ayes (7),
Nays (0). Motion carried.
E-5 IA Hearing on Proposed Issuance of Multifamily Housing Revenue Bonds for a
Proposal by Volunteers of America National Services.
Wishing to be heard was Lee Felgar, representing Volunteers of America National
Services. Mr. Felgar briefly described the project saying that it would provide
quality housing for Rochester seniors for the future.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 573-
99 approving the issuance of Multifamily Housing Revenue Bonds for a Proposal by
Volunteers of America National Services. Ayes (7), Nays (0). Motion carried.
E-6 A Hearing on Type III, Phase I Final Plat #99-39 to be known as Diamond Ridge
Sixteen located south of Highway 14, north of 7th Street N.W. and east of 48th
Avenue N.W.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
574-99 approving Final Plat #99-39 to be known as Diamond Ridge Sixteen with
two conditions. Ayes (7), Nays (0). Motion carried.
E-7 A Hearing on Type III, Phase II Preliminary Plat #99-32 by Dakota of Rochester,
Inc. to be known as Kings Run Commercial Park located south of 55th Street N.W.,
east of 18th Avenue N.W.
Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. Mr. Masterpole noted that they were in agreement with the six
conditions. The property will contain five commercial lots on 7.5 acres of land with
two access points. As a part of the traffic survey, the intersection of 18th Avenue
N.W. will be studied. Mr. Masterpole then showed the Council how the storm sewer
would facilitate the property running from detention ponds in the Kings Run area to
the east and then along the east border of the property. He stated that buffer yards
and screening would be used between the property and the neighborhood to the
south.
Councilmember Evans pointed out that in the past the drainage ditch has been an
on -going problem and was not always maintained by this developer during
construction of subsequent phases of work. In response to a question from
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
5 6 8 2 Rag, liar Meeting No 19 — September 8, 1999
Agenda
Item
E-8
Councilmember Evans, Mr. Masterpole stated that past stormwater problems in the
Kings Run Subdivisions downstream of this development would not reoccur.
Wishing to be heard was Mary Ann Smith, 1311 Kings Run Drive N.W. Ms. Smith
was very concerned about a verbal yes (that the drainage ditch would be kept up)
and said that her yard is already full of mud from the 55t Street project. She stated
that she did not want her basement full of water.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded to approve Preliminary Plat
#99-32 by Dakota of Rochester, Inc. to be known as Kings Run Commercial Park
with six conditions and instructed 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 Preliminary Plat #99-30 by All Pointe Development
to be known as South Pointe Fifth located east of 11th Avenue S.W., south of 60th
Street S.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon stated that they still need to work on the ownership of the outlot for the
detention basin and to determine whether it qualifies as a public detention pond.
Having no one further wishing to be heard, President. Hunziker closed the hearing.
Councilmembers Hanson moved, Evans seconded, to approve Preliminary Plat
#99-30 by All Pointe Development to be known as South Pointe Fifth with the
modified condition #1 as stated on page 159 and the deletion of condition #2 and
instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
E-9 A Hearing on Type III, Phase II Preliminary Plat #99-31 by Michael Younge
Development, Inc. to be known as Lincolnshire North Fourth Subdivision located
east of West Circle Drive, west of the current west end of 481h Street N.W. and
south of Kings Run Creek.
Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant.
He noted that they were in agreement with the eight conditions as stated. There is
an existing easement on the north line for a sanitary sewer trunkline which will be
worked out with McGhie & Betts.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Preliminary Plat
#99-31 by Michael Younge Development, Inc. to be known as Lincolnshire North
Fourth Subdivision with eight conditions and instructed the City Attorney to prepare
Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion
carried.
1
11
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5683
Regular Meetinq No. 19 — September 8 1999
Agenda
Item
E-10 A Hearing on Right -of -Way Vacation #99-10 by Paul Scanlon, Margaret Scanlon
and Eunice Muirhead to vacate a portion of 1st Street S.E. adjacent to 26 Mayo Park
Drive and 100 Mayo Park Drive.
Wishing to be heard was Paul Scanlon, 823 Sierra Lane N.E. Mr. Scanlon asked
that the Council vacate the proposed portion of First Street S.E. that falls between
his property and the property of his mother-in-law. He stated that he plans to build
a single family home in the future on his property and this would facilitate some of
the setbacks for the building and the development of the driveway. Mr. Scanlon
noted that the portion of the street is only 18 feet wide, unmaintained and is not
useable to access to Mayo Park Drive because of the 10-foot grade difference.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 575-
99 approving Right -of -Way Vacation #99-10 by Paul Scanlon, Margaret Scanlon
and Eunice Muirhead. Ayes (7), Nays (0). Motion carried.
E-11 A Hearing on Annexation Petition #99-16 by Ratzloff-Bigelow Development to
annex land located along the north side of Pinewood Road, east of the bikeway
trail.
Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff
stated that one-third of the property will be used for 26 single-family lot, one-third for
a detention pond and one-third kept in a natural state.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Senjem seconded, to approve Annexation Petition
#99-16 by Ratzloff-Bigelow Development and instructed the City Attorney to
prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
E-12 I A Hearing to Consider the Assessment of Unpaid Service Replacement Charges
for Project No. J-8204.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
576-99 levying the unpaid service replacement charges as special assessments for
Project No. J-8204. Ayes (7), Nays (0). Motion carried.
0
E-13 A Hearing to Consider the application for Federal Transit Administration Transit
Assistance Funds.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
577-99 authorizing submission of the grant application to the Federal Transit
Administration and the purchase of electronic fareboxes and execution of the
contract. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E-14 A Hearing to Consider the application for Year 2000 State Transit Assistance
Funds.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution Nos.
578-99 and 579-99 authorizing submission of two applications to the State of
Minnesota for 2000 transit assistance and the subsequent signing of grant
contracts. Ayes (7), Nays (0). Motion carried.
E-15 A Hearing on City Council Initiated Amendment to the Text of the Rochester Zoning
Ordinance and Land Development Manual #99-6; Section 60.509(4), Removal of
Advertising Signs Pending Permit Issuance.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve the Amendment
to the Text of the Rochester Zoning Ordinance and Land Development Manual #99-
6; Section 60.509(4), Removal of Advertising Signs Pending Permit Issuance and
instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7),
Nays (0). Motion carried.
F-1 Steve Kvenvold, City Administrator, recommended that the preliminary tax levy be
set at $17,600,000 to allow staff and Council to consider the Year 2000 budgetary
recommendations. He noted additional Police, Fire and K-9 unit requests. A five
percent increase would only mean a keep -even level and provide little room for the
Council to take care of some of the initiatives that they desire.
Councilmember McConnell expressed his displeasure at the State requirement that
a preliminary levy must be set prior to any budget negotiations.
Councilmembers Marcoux moved, Stobaugh seconded, to set the preliminary Year
2000 property tax levy at $17,600,000, the preliminary budget amount of
$103,000,000 for Year 2000 and approved the hearing dates on the proposed
budget (6), Nays (1). Motion carried. Councilmember McConnell voted nay in
protest of the State requirement.
F-2 Councilmembers Marcoux moved, Senjem seconded, to approve the Findings of
Fact, Conclusions of Law, and Order related to the Appeal Request by DeLite
Outdoor Advertising #99-2. Ayes (6), Nays (0), Abstain (1). Motion carried.
Councilmember Evans abstained.
F-3 Councilmembers Senjem, Hanson seconded, to approve setting a public hearing
for October 4, 1999 for the Wetland Replacement Plan by Frank Kottschade for B &
F Properties located south of 40th Street S.W. and west of US 63 South as
requested by the applicant. Ayes (7), Nays (0). Motion carried.
G-2a An Ordinance Annexing to the City of Rochester Approximately 36.76 Acres of
Land Legally Described As A Part of the West Half of the Northwest Quarter of
1
LJ
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 56�5
Regular Meeting No. 19 —September 8, 1999
Agenda
Item
Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was
given a first reading.
6-2b An Ordinance Amending and Reenacting Subdivision 4 of Section 60.509 of the
Rochester Code of Ordinances, Relating to the Replacement of Certain Advertising
Signs, was given a first reading.
G-3a An Ordinance Annexing to the City of Rochester Approximately 2.41 Acres of Land
Legally Described As A Part of the East Half of the Southeast Quarter of the
Northeast Quarter of Section 10, Township 106 North, Range 14 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. (1300 Mayowood Road S.W.)
G-3b An Ordinance Amending and Reenacting Clause E of Subdivision 5 of Section
63.24 of the Rochester Code of Ordinances, Relating to the Regulation of
Advertising Sign Locations Adjacent to Residential Zone Districts in the City of
Rochester, was given a second reading. Councilmembers McConnell moved,
Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
G-4 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
580-99 entering into a City -Owner Contract with Dennis Peterson and Road
Constructors, Inc. for Project No. J-9586 "Basic Construction to Serve Pine Ridge
4th Subdivision". Ayes (7), Nays (0). Motion carried.
H-1 Councilmembers Stobaugh moved, Marcoux seconded, to remove from the table
the Comprehensive Pavement Management System item. Ayes (7), Nays (0).
Motion carried.
Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 581-
99 approving the revision of the Comprehensive Pavement Management System.
Discussion.
Councilmember McConnell noted that he was going to vote against the proposal.
He felt that an increase was probably needed but not at a 25% to 48% level. He felt
that it should be parceled out over a period of years.
Ayes (5), Nays (2). Motion carried. Councilmembers McConnell and Senjem voted
nay.
I -a Wishing to be heard was Marvin Listz, Attorney, 5500 Wayzata Boulevard,
Minneapolis, representing Eller Media. He referenced a letter he had sent to the
City Attorney that Eller had submitted applications under the original sign ordinance
and, therefore, should not be subject to provisions under the new ordinance. He
asked that the City grant the billboard permits to Eller Media In return Eller would
dismiss the lawsuit with the City and the new ordinance would apply from this date
forward.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5686 an, filar Meeting No 19 — September 8, 1999
Agenda
Item
Councilmembers Hanson moved, McConnell seconded, to reconsider the Council's
action in adopting the ordinance described at Agenda Item G-3b. Upon roll call
Councilmembers Evans, Hanson, McConnell voted aye; Councilmembers Marcoux,
Senjem, Stobaugh and President Hunziker voted nay. Ayes (3), Nays (4). Motion
failed.
Having no further business, Councilmembers Stobaugh moved, Hanson seconded,
to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
J