HomeMy WebLinkAbout10-04-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5702 Rpgiilar MPPtina No 21 — October 4, 1999
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No one wished to be heard during the Open Comment Period.
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, and David Senjem. Absent: Councilmember Walter
Stobaugh.
Wishing to be heard was Councilmember Marcoux expressing concerns over
increased traffic with the connection of Fox Valley Drive SW.
Councilmember Marcoux requested the initiation of a Traffic Management Plan for
the area.
Councilmember Marcoux moved, Evans seconded, to authorize Public Works staff
to prepare a Traffic Management Plan for Fox Valley Drive SW.
A Petition for utilities to serve Lots 8 and 9, Block 2, and Lots 1 and 2, Block 2, in
Rose Harbor Fourth from Dennis L. Hardin, Bozeman, Montana.
Councilmember Hanson, Senjem seconded, to adopt Resolution No, 609-99
referring the petition from Dennis Hardin to the Public Works Department for a
feasibility Study. Ayes (6-0). Nay (0). Motion carried.
Councilmember Hanson moved, Evans seconded, to approve the following consent
agenda items.
President Hunziker acknowledged the Stewartville Masonic Lodge #203 AF & AM
for the Peacekeeper Expenses donated to the police department.
Approved the minutes of the September 20, 1999 meeting.
Adopted Resolution No. 610-99 entering into a joint funding agreement with the
U.S. Geological Survey for the continuation of the river -reporting gauge for the
South Fork of the Zumbro River at 37th Street NW.
Adopted the recommendation of the Rental Housing Complaint Board not to hold a
public hearing on a disorderly use property violation at 1009 2"d Avenue NW.
See at the end of the D Items.
See at the end of the D Items.
Approved Accounts Payable in the amount of $2,309,077.11.
Adopted Resolution No. 611-99 approving the advertisement and the sale of
various equipment and vehicles from the Rochester Public Utilities to be considered
at a later date.
Adopted Resolution 612-99 awarding the contract to Holm Brothers Plumbing and
Heating for Scum Piping Replacement at the Water Reclamation Plant.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meetinq No. 21 — October 4 1999 5763
Agenda
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D-9 Accepted the donation of $500 from the Stewartville Masonic Lodge No. 203 AF &
AM to the Rochester Police Department to assist in purchasing a Peacekeeper
Armored Vehicle.
D-10 Adopted Resolution No. 613-99 executing a development agreement with
Ratzlolff/Bigelow for South Park 4tn 5th and future South Park Subdivisions.
D-11 Adopted Resolution No. 614-99 authorizing a revocable permit for the Senior
Citizen Services, Inc. for placement of a gate within a city alley located between 2"d
Street North and the railroad tracks.
D-12 Adopted Resolution No. 615-99 authorizing a Professional Services Agreement
with McGhie and Betts for design services relating to the construction of
Stormwater Pond KR-P2.8b, J-2461 for an amount not to exceed $7,500.
D-13 Adopted Resolution No. 616-99 authorizing the execution of an Engineering
Service Agreement with Bonestroo Rosene Anderlik & Associates for Project No.
9828 (J-9535, "Sanitary Sewer and Watermain to Serve the 1100 Block of Skyline
Drive SW' not to exceed $31,854.50.
D-14 Approved the following Public Utility Resolutions:
Adopted Resolution No. 617-99 approving request to declare the week of October
3-9,1999 as Public Power Week.
Adopted Resolution No. 618-99 entering into a purchase order agreement with
Altec Industries, Inc. for One-Altec Model AM855 Material Handling Boom and
Astoria 130" VT body in the amount of $96,707.00.
Adopted Resolution No. 619-99 approving a purchase order agreement with Par
Electrical Contractors, Inc. for Meadow Park Cable Replacement Project not to
exceed $107,800.
Adopted Resolution No. 620-99 approving release of existing easement dated June
18, 1974.
D-15 Adopted Resolution No. 621-99 executing change order No. 4 with Knutson
Construction for additional work on Third Street Parking Ramp Project in the
amount of $10,909.
D-16 Adopted Resolution No. 622-99 approving request to advertise for Project No. J-
6959, "Terminal Building Exterior Ceiling Replacement Under Upper Level Gate
Areas".
D-17 Adopted Resolution No. 623-99 approving change order #1 for T-Hangar site
preparation for relocation of watermain and sanitary sewer.
D-18 I Adopted Resolution No. 624-99 approving change order #3 for the Air Cargo Ramp
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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and Taxiway Project.
Adopted Resolution No. 625-99 to retain Steven Kalish of Washington D.C. to
prepare comments for submission to the STB relating to the federal preemption of
local ordinances and regulations addressing railroad matters.
Approved the renewal of Taxi Franchise with Rochester Transportation System,
Inc. from January 1, 2000 to January 1, 2005.
See at the end of the D Items.
Adopted Resolution No. 626-99 approving an option agreement with Midstates
Wholesale and Retreading for property needed for the TH 63/40" Street SW
Interchange.
Ayes (6), Nays (0). Motion carried
Councilmember McConnell stated he has concerns about approving the transfer of
liquor licenses without more information on the new applicant.
Councilmember McConnell moved that the Liquor License for Kung Ho and Li
Chiung Lin be delayed for more information. Motion died for lack of second.
Staff stated that if there was any departmental denials that would be on the RCA for
the Council's review.
Councilmember Senjem moved, Evans seconded to approve the transfer of off sale
liquor license to Kung Ho and Li Chiung Lin. Ayes (6). Nays (0). Motion carried.
Staff stated the request from Century High School to change their fireworks permit
scheduled for October 1, 1999 be changed to October 15, 1999.
Councilmember Senjem moved, McConnell seconded to approve the change in
date for the Century High School fireworks permit.
Councilmember Senjem asked if this ordinance would apply to all taxicab
companies increasing their rates. City Attorney Adkins stated that it would apply to
all.
Councilmember Senjem moved, Hanson seconded to approve the increase in
Minimum Taxicab rate charges for Rochester Transportation Systems Franchise.
Ayes (6). Nays (0). Motion carried.
E-1 I A Hearing on Final Plat #99-20 to be known as Orchard Ridge First Addition.
President Hunziker stated there was information that MNDOT is closing the median
opening on 65t' Street in conjunction with the Orchard Ridge project.
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Having no one wishing to be heard, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5705
Regular Meeting No. 21 — October 4, 1999
Agenda
Item
Councilmember McConnell moved, Senjem seconded to approve the Final Plat
#99-20 to be known as Orchard Ridge First as presented with conditions but
without additional staff recommendations to drop condition #1 and revise condition
#7. Discussion.
Richard Freese, Public Works Director, explained that the traffic plan shows
possible problems with traffic gaps for vehicles crossing through the median of TH
52. As a result of that traffic plan, MNDOT indicated that they would be closing the
median at 65th Street prior to any development within Orchard Ridge. MNDOT
indicated that there would be a reduced level of service at 65th Street for the
ingress/egress traffic that would use the west side of the highway.
Councilmember Marcoux asked for assurance from MNDOT that the median will be
closed before the development is allowed to continue. Richard Freese stated that
the phasing of the first and second plats would address this issue. - '
Councilmembers voted the motion on the floor. Ayes (0). Nays (6). Motion denied.
.� R-csobu4ioA (eaUA-9q
Councilmember Senjem moved, Hanson seconded to approve Final Plat #99-20 to
be known as Orchard Ridge First Addition with 8 conditions with condition #1 being
limited to 110 residential building permits until such time as Hwy 52 and 65th Street
median is closed and accepting condition #7 as revised by staff. Ayes (5). Nays
(1). McConnell voted nay. Motion carried.
E-2 A Hearing for an amendment to General Development Plan #144 known as the
Cook/Thompson General Development Plan. Located South of Gates Drive SW,
East of the Foxcroft Subdivisions and West of the Baihly Heights Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Ave. SE. Mr.
Borcherding stated they were in agreement with the conditions and he was
available to answer any questions.
Wishing to be heard was John Nordman, 1924 Fox Valley Drive, representing the
Baihly Meadows Neighborhood Assoc. Mr. Nordman stated their safety concerns
due to the additional traffic on Fox Valley Drive resulting from this development.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Hanson moved, Marcoux seconded, to approve the amendment to
General Development Plan #144 known as the Cook/Thompson General
Development Plan with the six conditions and instruct the City Attorney to prepare
Findings of Facts, Conclusions of Law, and Order. Ayes (6). Nays (0). Motion
carried.
E-3 A Hearing on Preliminary Plat #99-35 by Michael Younge Development, Inc.
located east of Foxcroft North 4th Subdivision and Foxcroft 2"d Subdivision,
including the Extension of Clover Place SW.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
z CITY OF ROCHESTER, MINNESOTA
5? 6 gP liar Meetinn No 21—October 4. 1999
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Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Hanson moved, Evans seconded, to approve the Preliminary Plat
#99-35 by Michael Younge Development, Inc. to be known as Orchard Hills South
First Subdivision with the eleven conditions, with condition #11 changed as staff
recommended and instruct the City Attorney to prepare Findings of Facts,
Conclusions of Law, and Order. Ayes (6). Nays (0). Motion carried.
Staff recommended that the council move to F-2 addressing the EAW of the
following public hearings.
Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 627-99
for a negative declaration with the findings on page 285 in regards to the
Environmental Impact Statement for the Rochester Commons Development by
Ryan Companies US, Inc. Ayes (6). Nays (0). Motion carried.
A Hearing on Land Use Plan Amendment #99-6 and Zoning District Amendment...
#99-17 by Ryan Companies US, Inc. located along the south side of 41st Street
NW, west of TH 52 and north of IBM.
Wishing to be heard was Tom Palmquist with Ryan Companies. Mr. Palquist stated
he was available for any questions.
Councilmember Senjem moved, Marcoux seconded, to adopt Resolution No. 628-
99 to approve Land Use Plan Amendment #99-6 by Ryan Companies US, Inc. with
staff findings and instruct the City Attorney to prepare Findings of Facts,
Conclusions of Law, and Order. Ayes (6). Nays (0). Motion carried.
Councilmember Hanson moved, McConnell seconded, to approve Zoning District
Amendment #99-17 by Ryan Companies US, Inc. and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (6). Nays (0). Motion carried.
E-5 A Hearing on General Development Plan #141 known as the Rochester
Marketplace (formerly Rochester Commons) located along the south side of 41 st
Street NW, west of TH 52 and north of IBM.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Evans moved, McConnell seconded, to approve the General
Development Plan #141 known as the Rochester Marketplace by Ryan Companies
US, Inc. with staff recommended conditions and instruct the City Attorney to
prepare Findings of Facts, Conclusions of Law, and Order. Ayes (6). Nays (0).
Motion carried.
Councilmember Hanson moved, McConnell seconded, to adopt Resolution No.
629-99 approving the Substantial Land Alteration Activity by Ryan Companies US,
Inc. with findings on page 190-192 and instruct the City Attorney to prepare
Findings of Facts, Conclusions of Law, and Order. Ayes (6). Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5707
Regular. Meeting No. 21 — October 4, 1999
Agenda
Item
E-6 A Hearing on Preliminary Plat #99-38 by Ryan Companies Us, Inc. to be known as
Rochester Marketplace (formerly Rochester Commons) located along the south
side of 41st Street NW, west of TH 52 and north of IBM.
Having no one wishing to be heard, President Hunziker closed the hearing.
John Dietrich, RLK Kuusisto, Ltd., explained to the council the reason for the future
roads shown on the preliminary plat proposed to be dedicated as right-of-way.
Councilmember Senjem moved, Marcoux seconded, to approve the Preliminary
Plat #99-38 by Ryan Companies US, Inc. to be known as Rochester Marketplace
with staff recommended conditions and instruct the City Attorney to prepare
Findings of Facts and Conclusions of Law, and Order. Ayes (6). Nays (0). Motion
carried.
E-7 I A Hearing on the 2000 Community Development Block Grant Appropriations.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Evans moved, Hanson seconded, to approve the 2000 Community
Development Block Grant Appropriations. Ayes (6), Nays (0). Motion carried.
E-8 A Hearing on Type III, Phase I Final Plat #99-43 to be known as Alliance Business
Park Subdivision located along the north side of CSAH 22 (37th Street NE) and east
of East River Road NE.
Wishing to be heard was John Arnold, Dunlap and Seeger, representing First
Alliance Credit Union. Mr. Arnold noted they were in agreement with the six
conditions.
Having no one further to be heard, President Hunziker closed the hearing.
Councilmember Senjem moved, McConnell seconded, to adopt Resolution No.
630-99 approving Final Plat #99-43 to be known as Alliance Business Park with six
conditions. Ayes (6). Nays (0). Motion carried.
E-9 A Hearing on Type III, Phase I, Final Plat #99-16 to be known as South Park Five
located along the north side of Pinewood Road, west of 22"d Avenue SE, north of
Dallman's First Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember McConnell moved, Hanson seconded, to adopt Resolution No.
631-99 approving Final Plat #99-16 to be known as South Park Five with seven
conditions. Ayes (6). Nays (0). Motion carried.
E-10 A Hearing on Annexation Petition #99-19 by Ron Seeger to annex land located
along the north side of 55th Street NW and the west side of 50th Avenue NW.
5708'
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
RpTilar MeetinTNo 21-October 4, 19A9
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that the township has approved this annexation and he is
available for any questions.
Councilmember Hanson moved, Marcoux seconded, to approve Annexation by
Petition #99-19 by Ron Seeger and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (6). Nays (0). Motion carried.
A Hearing on Annexation #99-18 by Aaron Dressel to annex land located along the
north side of 15t' Street SE, east of Oak Court SE and west of Rose Drive SE.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Evans moved, Marcoux seconded to approve Annexation by
Petition #99-18 by Aaron Dressel and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (6). Nays (0). Motion carried.
A Hearing on Wetland Replacement Plan by Frank Kottschade for B & F Properties
located south of 40t' Street SW and west of US 63 South.
Wishing to be heard John Arnold, Dunlap and Seeger, representing the applicant.
Mr. Arnold recapped the history of the wetland project and introduced experts in the
field of Hydrology. He also addressed liability and legal issues for this wetland
area.
Wishing to be heard was Jeff Broberg, McGhie and Betts, and he explained the
uses for the property. His opinion was that the permit was needed to fill this
wetland.
John Hartford, Planning Department (TEP), explained that the site would be
monitored for a number of years to determine if the proposed project would drain
the remaining wetlands.
Wishing to be heard was Frank Kottschade, 4719 Warwick Lane NW, voiced his
opinion on the TEP meetings.
Wishing to be heard was Jim Arndt, Peterson Environmental Consulting, and he
presented a power -point evaluation of Wetland Hydrology for this property
throughout the years, his conclusion being that the area may be tiled and has a
consistent history of tillage and crop production.
Wishing to be heard was Tom Hexum, R.L. Hexum Associates, expressing his
concern over the preservation of his legal rights to the south half of the shared
access to TH 63 and drainage for this property.
Councilmember Hanson moved, Evans seconded to instruct the City Attorney to
prepare Findings of Facts, Conclusions of Law and Order approving the Wetland
Replacement Plan by Frank Kottschade for B & F Properties. Ayes (6). Nays. (0).
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5709
Regular Meeting No. 21 — October 4 1999
Agenda
Item
Motion carried.
F-1 Allen Lee, Executive Director of Else's Place Program, 9850 80th St, SW, Hayfield,
he was present to request a permit to conduct a Youth Gathering in the 100 block
of 18t Street SE (between Post Bulletin and Civic Center Parkade).
City Attorney Adkins stated that the current ordinance does not allow skateboarding
or in -line skating on downtown streets. In order to accommodate this evetn, the
Council would have to amend the ordinance.
Wishing to be heard was Rick Owens, 2203 58th Street NW. He explained the
plans for the event and how it will be set up. Mr. Owens stated the reasons why he
would like to see the event happen for the youth.
Wishing to be heard was Johnny Lewis (JR), stated his reasons for wanting the
event to happen.
Police Chief Roger Peterson stated the concerns of the police department, i.e.:
Skateboarding is prohibited in this area by ordinance, security and jurisdiction, the
permit applied for is doesn't address the street use intended.
City Attorney Adkins informed the Council that the current ordinances covered the
noise and curfew issue and that the Council, if they chose, could change the
ordinance to address the skateboards and bikes in the downtown area.
The Council reinforced to the youth group attending that there was a lot riding on
this event and hoped that they would conduct themselves respectfully. It was also
emphasized that this is the test -run for future events.
Councilmember Senjem moved, Marcoux seconded to approve the Youth
Gathering by Else's Place Program with the following conditions: Certificate of
Insurance in the amount of $1,000,000 with the City named as an additional insured
for both indemnification and legal defense. The certificate is to be filed in the office
of the city clerk no later than 5:00 p.m. on October 13, 1999. Also the successful
change in the ordinance allowing skateboards and in -line skates in the downtown
area for city exhibition or demonstration. Ayes (6), Nays (0). Motion carried.
Councilmember Hanson moved, McConnell seconded, to instruct the City Attorney
to prepare an ordinance amending Subsection 2 of Section 73.10 allowing
skateboarding and rollerblading in the downtown area as part of the City Council
permitted exhibition or demonstration. Ayes (6), Nays (0). Motion carried.
F-2 See at the beginning of E-4.
G-2a An Ordinance Amending and Reenacting Section 96.01 of the Rochester Code of
Ordinances, relating to the Creation of a Taxicab Franchise in the City of
Rochester, was given a first reading.
Councilmember Senjem moved, Evans seconded, to suspend the rules and give
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
571 U Regular McPtinn No ?1 — ctobPr 4, 1999
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the Ordinance a second reading. Ayes (6). Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmember Hanson moved, Evans
seconded, to adopt the Ordinance as read. Ayes (6). Nays (0). Motion carried.
An Ordinance Amending and Reenacting subdivision 2 of Section 95.13 of the
Rochester Code of Ordinances, relating to Taxicab rates, was given a first reading.
Councilmember Hanson moved, Senjem seconded, to suspend the rules and give
the Ordinance a second reading. Ayes (6). Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmember Senjem moved, Hanson
seconded, to adopt the Ordinance as read. Ayes (6). Nays (0). Motion carried.
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, was given a first reading. (South
side of 41st Street NW, west of Hwy 52, and north of IBM)
An Ordinance Annexing to the City of Rochester Approximately 18.53 Acres of
Land Legally Described as a part of the East Half of the Southeast Quarter of the
Southeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted
County, Minnesota, was given a first reading. (North side of 55th St. NW and West
side of 50th Ave. NW)
An Ordinance Annexing to the City of Rochester Approximately .38 Acres of Land
Legally Described as Lot 2, Block 2, Rose Harbor First Subdivision, Olmsted
County, Minnesota, was given a first reading. (North side of 15th St. SE, East of Oak
Court SE, West of Rose Drive SE)
An Ordinance Rezoning certain Property from the R-1 District to the R-3 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.
(East side of West Circle Drive, South of Rochester Golf & Country Club driving
range, Hamilton)
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 second reading. Councilmember Marcoux moved, Senjem
seconded, to adopt the Ordinance as read. Ayes (5). Nays (0). Evans abstained.
Motion carried.
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 Section
18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a
second reading. Councilmember McConnell moved, Evans seconded, to adopt the
Ordinance as read. Ayes (6), Nays (0). Motion carried. (North side of Pine Road
SE, East of the bike trail) .
Councilmember McConnell moved, Marcoux seconded, to adopt Resolution No.
632-99 entering into an owner contract with Continental Properties Company, Inc.
and Ames Construction, Inc. for Project No. J-9570 "Utilities to Serve Broadway
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5711
Regular Meeting No. 21 — October 4 1999
Commons". Ayes (6), Nays (0). Motion carried.
G-4b Councilmember Senjem moved, McConnell seconded, to adopt Resolution No.
633-99 entering into an owner contract with South Broadway Partners, LLC and
Elcor Construction, Inc. for Project No. J-9629 "Basic Construction to Serve
Broadway Business Center 1st Addition". Ayes (6). Nays (0). Motion carried.
I-1 An Ordinance Amending and Reenacting Subsection 2 of Section 73.10 of the
Rochester Code of Ordinances, Relating to the Prohibition of the Riding of
Rollerskates and Skateboards in the City of Rochester, was given a first reading.
Councilmember Marcoux moved, McConnell seconded, to suspend the rules and
give the Ordinance a second reading. Ayes (6). Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmember Marcoux moved,
McConnell seconded, to adopt the Ordinance as read. Ayes (6). Nays (0). Motion
carried.
Having no further business, Councilmember Evans moved, Marcoux seconded, to
adjourn the meeting, Ayes (6). Nays (0). Motion carried.
LJ-6110-)-A 4�r�oy__
Deputy City Clerk
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