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HomeMy WebLinkAbout11-01-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5722, Regular Meeting No. 23 — November 1, 1999 Agenda Item A-1 B-1 D-1-3, 5-11, 13-29 D-1 D-2 D-3 D-4 D-5 IM;q� D-8 D-9 D-10 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, David Senjem, Walter Stobaugh. Absent: None Councilmembers Senjem moved, Marcoux seconded, to approve the following consent agenda items: Approved the minutes of October 4, 1999, and October 18, 1999, meetings. Approved the transfer of $20,000 from the 1999 Contingency Account to Rochester Community and Technical College for the purchase of a shooting simulator. Approved the transfer of $32,000 from the 1999 Contingency Account to the Mayor's Contingency Account for millennium project activities. See at end of D Items. Adopted Resolution No. 658-99 authorizing the Mayor and City Clerk to execute State Aid Agreements for Project No. J-6959 "Terminal Building Exterior Ceiling Replacement Under Upper Level Gate Area" at the Rochester International Airport. Adopted Resolution No. 659-99 awarding the bid for Project No. J-6959 "Terminal Building Exterior Ceiling Replacement Under Upper Level Gate Area" to MEC Construction of Rochester in the amount of $75,818.00. Adopted Resolution No. 660-99 authorizing the Mayor and City Clerk to execute State Aid Agreements for Project No. J-6999 for the purchase of a Tapely Brake Meter used for runway/taxiway condition reporting during ice or snow occurrences in the amount of $4,667.50. Adopted Resolution No. 661-99 authorizing the Mayor and City Clerk to execute Amendment No. 1 to the State Aid Agreement 5501-105 for Project No. J-6938 "1998 Cargo Apron Project" in the amount of $3,510.00. Adopted Resolution No. 662-99 authorizing the Mayor and City Clerk to execute Change Order #4 in the amount of $57,875.79 for a pay factor adjustment for Project No. J-6938 "1998 Cargo Apron Project" with 10 percent local and 90 percent FAA funds. Adopted the following Public Utility Resolutions: Resolution No. 663-99 approving a purchase agreement with Burmeister/Howard Industries for single phase pad -mounted transformers in the amount of $84,659.00. Resolution No. 664-99 approving a purchase agreement with RESCO/Pauwels for three-phase pad -mounted transformers in the amount of $228,232.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 5723 Agenda Item Resolution No. 665-99 approving an addendum to the Mid -Continent Area Power Pool (MAPP) Restated Contract Agreement. D-11 1 Approved the following licenses and miscellaneous activities: Gambling — Temporary YMCA of Rochester — Raffle at Radisson Plaza Hotel — December 31, 1999. Liquor — Temporary On -Sale Hiawatha Homes foundation — Wine Tasting at Radisson Plaza Hotel — October 22, 1999 (prior approvals from Councilmembers Evans, Hanson, Marcoux, Stobaugh) Gambling — Temporary Ronald McDonald House of Rochester — Raffle at Rochester Community & Technical College — February 6, 2000 Master Installer Brian Pilarski, Avon, Minnesota D-12 See at end of D Items. D-13 Approved the bus franchise renewal for Rochester City Lines, Inc. for the period ending December 31, 2005, and requested that the rules be suspended to give the required ordinance a first and second reading. D-14 I Approved Accounts Payable in the amount of $4,403,713.27. D-15 Adopted Resolution No. 666-99 approving the revised Sales Tax Collection to update changes applicable to Minnesota Statutes 297A.48, Local Sales Tax Rules, and authorize the Mayor and City Clerk to sign the agreement. D-16 I Adopted Resolution No. 667-99 authorizing the City Clerk to advertise forbids for Anhydrous Ferric Chloride and Liquid Aluminum Sulfate. D-17 Adopted Resolution No. 668-99 approving the acceptance of $37,611 in Juvenile Accountability Incentive Block Grant funds and enter into a multi -jurisdictional agreement with Olmsted County providing the City of Rochester's match of $4,179.00 and providing administrative and financial reporting. D-18 Adopted Resolution No. 669-99 approving the application for FY2000 collaborative Gang Task Force grant funds for the Rochester Police Department. D-19 Withdrawn at the request of the Public Works Department. D-20 Adopted Resolution No. 670-99 authorizing the execution of the Development Agreement with First Alliance Credit Union for the First Alliance Business Park. 5724, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 Agenda Item D-21 Adopted Resolution No. 671-99 authorizing the execution of the contract with McGhie & Betts, Inc. for professional services for Project No. J-9501 "Utilities to Serve Unplatted Property Between 18th Avenue S.W. and Highway 63 South" D-22 Adopted Resolution No. 672-99 authorizing the Mayor and City Clerk to execute the Storm Water Management Agreement with AGD Hotel, Inc. for the Microtel Hotel located at the Rochester International Airport. D-23 Adopted Resolution No. 673-99 authorizing the Mayor and City Clerk to execute the Engineering Service Agreement with WHKS & Company for Project No. M0006 (J- 9603" Water Tower to Serve Southeast Service Area (Rose Harbor Site)". D-24 Adopted Resolution No. 674-99 authorizing the Mayor and City Clerk to execute the Assessment Agreement between Kanal Phang and the City of Rochester for property at 1615 19'h Avenue S.E. D-25 Adopted Resolution No. 675-99 adding Paragraph (71.5) to Section J "Passenger & Commodity Loading Zones of the Comprehensive Traffic and Parking Resolution Book", to read: (17.5) Tenth Street N.W./10 Block on the north side of the street, 2 spaces adjacent to the premise known as Fifth Place Awards at 27 10t' Street N.W., all times, 15 minute limit. D-26 Adopted Resolution No. 676-99 deleting Paragraph 121.5 of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book, to read": 121.5 5t' Avenue S.E. on the west side of the road, from 16t' Street S.E. to a point 350 feet south of 16th Street, at all times. D-27 Adopted Resolution No. 677-99 approving an agreement with Bethel Lutheran to establish a park and ride during 2000 in the 800 block of Third Avenue S.E. D-28 Adopted Resolution No. 678-99 executing agreements with Rochester Transportation Service, Inc, Olmsted County, and ISD 535 (Community Education) relative to the ZIPS Dial -A -Ride program for 2000. D-29 See at end of D Items. Ayes (7), Nays (0). Motion carried. D-4 Councilmember Senjem asked that the Regional Public Safety Training Facility definitely become a regional operation with regional support. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 679-99 supporting State Bonding requests for three projects: 1) DM&E Railroad Corridor Mitigation Project; 2) Regional Public Safety Training Facility; and 3) National Volleyball Center Expansion. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 5725 Agenda Item D-12 I City Attorney Terry Adkins noted that the franchise would begin on November 20, 1999 rather than November 19, 1999, as noted in the Request for Council Action. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 680- 99 awarding the Amateur Boxing Franchise to Rochester Youth Boxing Club, Inc. for the period of November 20, 1999 to December 1, 2000 with the condition that the Rochester Fourth Street Boxing Gym also be allowed to use the franchise. Ayes (7), Nays (0). Motion carried. D-29 Councilmember McConnell stated that Dave Patterson has been an excellent member of the Planning and Zoning Commission, is willing to continue to serve in that capacity, and would like him to be reappointed for another term. Councilmembers Stobaugh moved, Marcoux seconded, to approve the appointment of Michael J. Quinn to the Planning and Zoning Commission for a three-year term ending December 2003. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. E-1 A Hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision located south of Country Club Road and east and north of Wimbledon Hills Drive S.W. The developer and Planning Staff requested that this item be continued to November 15, 1999, to allow the Public Works Department to meet with the applicant or his representative to discuss and resolve concerns regarding the long- term ownership and maintenance of the stormwater facility for this property. Councilmembers McConnell moved, Marcoux seconded, to continue to November 15, 1999. Ayes (7), Nays (0). Motion carried. E-2 A Continued Hearing on General Development Plan #139 Quarry Ridge by Klaxon Properties, Inc. Wishing to be heard was Tim Trimble, Klaxon Properties, St. Louis Park. Mr. Trimble noted another meeting was held with the neighbors, as suggested by the Council, to review the last plan of providing access/egress out of the neighborhood through the Shorewood development. They have worked out an agreement with Mathy to use the haul road off 23`d Avenue for construction purposes. They have met with the City to contribute 50 percent of the cost of signal lights on Second Street, provide pickup points for City transportation, and donation of the five -acre parcel to the west for a park. Wishing to be heard was Steven Dobson, 122 18th Avenue N.W. They stated that the number one issue has been traffic since talk of the project started. He said that Klaxon has worked with the neighbors to find an alternative route. Wishing to be heard was Forrest Sargent, 7925 18th Avenue N.W., Sargent's on Second Street S.W. Mr. Sargent noted that traffic runs through the residential area and stops at their store. If Klaxon Development has two additional accesses, it will RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5726 Reqular Meetinq No. 23 — November 1, 1999 Agenda Item help the traffic flow. He said that the City should continue to look at other alternatives for the flow of traffic in and out of the neighborhood such as at 20th Avenue or some western route. Wishing to be heard was Gerald Holmes, 9 19th Avenue N.W. Mr. Holmes stated that it the City wants a project such as the Klaxon Development, the City should find a way to provide streets and lights to accommodate the development. There will be too much traffic. Wishing to be heard was Harold Gunderson, 1811 First Street S.W. He agreed with Mr. Holmes that the City should provide another access. He asked if a one- way out could be provided on 23`d or another avenue. Mike Nigbur, Public Works Department, said that the costs for 23rd Avenue would be approximately $500,000.00 with very little benefit. The 20th Avenue link from First Street South to Second Street South is estimated at approximately $300, 000.00. Wishing to be heard was Steven Dobson, 122 18th Avenue N.W. The recommendations given by the neighbors at the last neighborhood meeting were items that the neighbors felt would be going through with the zoning change. Not everyone is happy with the plans; the issue foremost has been the traffic. Having no one further wishing to be heard, President Hunziker closed the hearing. Phil Wheeler, Planning Department, stated that the zoning ordinance and local thoroughfare plan says that local streets can handle 1500 trips per day; we tell developers to design around that plan. The relief road to the west, along the Shorewood Development, allows the development to meet this standard Councilmembers Evans moved, Senjem seconded, to deny General Development Plan #139 Quarry Ridge based on the fact that current public facilities (roads) are inadequate to handle the development. Ayes (3), Nays (4). Motion failed. President Hunziker, Councilmembers Marcoux, McConnell, Stobaugh voted nay. Councilmembers Marcoux moved, Stobaugh seconded, to approve General Development Plan #139 Quarry Ridge by Klaxon Properties, Inc. with four conditions and adding 5 (i) to the list of alternatives (private road connection) and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Terry Adkins, City Attorney, noted that parking restrictions cannot be included in a development agreement and need to be stricken from inclusion. Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hansen, Senjem voted nay. E-3 IA Hearing For the Purpose of Obtaining Evidence Relating to the Disorderly Use Complaints at 719 First Street N.W. RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 5727 Agenda Item Wishing to be heard was Theresa Berndt, 3021 Crescent Lane N.W. Ms. Berndt noted that she and her husband have owned the property at 719 First Street N.W. since 1983. She related the incidents that on June 3, 17, and September 5 and 18, 1999 that resulted in the disorderly use and disorderly conduct violations at the property. Ms. Berndt said that appropriate steps to remove the tenants resulted in the tenant staying but her husband, who caused the disturbances, leaving. When asked by Councilmember Stobaugh if she had done background checks on the tenant, she replied that she had taken their former landlord's word that the tenant had no real problems and no criminal history. The Rental Housing Complaint Board, where Ms. Berndt appeared before after the September incidents, suggested that they appear in a public hearing, that an unlawful detainer be started against the tenant, attend the crime -free multi -housing workshop and attend the neighborhood association meeting. A contested hearing on the unlawful detainer was held in District Court on October 27, 1999; the judge ruled that the parties contact ADR services to participate in mediation within a ten-day period including Susan LeGare-Gulden from the Building & Safety Department. Ms. Berndt stated that the neighbors that were present on the October 27th hearing did not want to participate. Wishing to be heard was Sgt. Mike Beery, Rochester Police Department. Sgt. Beery spoke about the tenant and the 83 police calls that had occurred since the tenant had moved in. He noted that he has tried to work with the landlord and has reached many different agreements. He did not feel that mediation was a workable solution to the problems of the past 18 months. Wishing to be heard was Joe Moore, 1830 14th Street N.W. Mr. Moore stated that he has worked with the tenant in the past through the school district. He felt that this was a racial issue; no neighbor had anything to do with the tenant or her family. People need to work together and stop running down people of color in the neighborhoods. Wishing to be heard was Lori Schott, 107 Seventh Avenue N.W. Ms. Schott noted that her daughter played with the tenant's children; they became physically abusive to her so that a restraining order had to be issued. Her daughter is afraid to walk around the block by herself; there have been tenants of this nature in the neighborhood in the last 14 years. Ms. Schott felt that Ms. Berndt should also be considering the neighborhood when renting. Wishing to be heard was Charles Grey, 848 First Street N.W. Mr. Grey said that he was upset that the situation was trying to be made into a racial issue; it is rather a civil abuse. He felt that the lease should be rescinded for the tenant and the dwelling closed down. After a period of time, the problem would resolve itself. Wishing to be heard was Dave Edmondson, 807 First Street N.W. He stated that the tenant is a victim of her own social behavior; he has tried for two years to say hello, wave and get together. This is not a racial issue. He felt that Ms. Berndt is not able to deal with the issues herself. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 7 2 8 ' Regular Meeting No. 23 — November 1, 1999 Agenda Item Wishing to be heard Jodi Edmondson, 807 First Street N.W. The issue that she wished to speak to was that there is no conflict between Ms. Berndt and her tens She sees no problem in what they are doing, and therefore, does not see how mediation could be accomplished. If a landlord is not unhappy with her tenants, there needs to be some recourse. Wishing to be heard was Thomas Kennedy, 723 First Street N.W., and has lived on the property since 1965. He said that Ms. Berndt is indirectly not a good neighbor; there have been times when garbage is thrown around and they can't take care of it. The problem is behavior and supervision. He witnessed assault of a vehicle by the tenant's children. Mr. Kennedy felt that it was unfortunate that the behavior of a few tenants can disrupt the neighborhood. Wishing to be heard was Sylvia Quirk, 847 First Street N.W. At the court hearing, the Quirks agreed to mediate even though the neighbors said that they did not want to do so. Ms. Quirk said that she personally had invited the tenant to a neighborhood watch meeting and various picnics. The tenant never showed. Wishing to be heard was Mike Quirk, 847 First Street N.W. He explained that the ordinance was designed for exactly the problems experienced at 719 First Avenue N.W. The tenants of the building have assaulted neighbors in the area and have gone to court. The neighbors can't walk by the house as they are scared. The tenant's husband was one of the biggest problems in the neighborhood. Mr. Quirk presented into evidence a copy of the Rochester Post Bulletin newspaper dated October 25, 1999, charging the husband with fifth -degree and fourth -degree assault and misdemeanor obstructing the legal process. The landlord had been requested to attend the neighborhood meetings; she has never attended. Mr. Quirk said that he could go to mediation but is unsure what they will mediate. He also stated that it is not a racial problem; it's the behavior of the tenants living in the building. Wishing to be heard was Elizabeth Cohn, 826 First Street N.W. Ms. Cohn thought that the people living in the same building would be the first to complain. She said that the Berndts are caring people and have been foster parents in the past. If the tenant family needs help, the neighbors should be willing to help. If the tenant is the problem, that should be dealt with and leave the landlord alone. Wishing to be heard was Kelly Rae Kirkpatrick, 713 First Street N.W. She is one of the newest residents of the neighborhood; no one welcomed her in and she did not expect to be welcomed. She said that Ms. Berndt has been diligent in improving her property due to the fact that she is fearful that her rental license may be taken away from her. There are back taxes still owing on the property. This is also not the first time that her tenants have had civil issues addressed to them. Ms. Kirkpatrick has been friendly to the problem tenant and her family; she says that it is not a racial issue to her. Wishing to be heard was Judith Reinalda, 715 First Street N.W. Ms Reinalda stated that she moved to her property in 1998. She has witnessed fights, assaults, threats, intimidation; it's terrifying. She asked that the Council revoke the rental license for Ms. Berndt. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 5729 Agenda Item Wishing to be head was Susan LeGare-Gulden, Housing Inspector, Building and Safety Department. Ms. LeGare-Gulden stated that she has been a housing inspector for the City of Rochester since 1991 and involved with the Kutzky Neighborhood Association since before its development. The area is a very diverse economical and social area and the neighbors have worked hard to help develop the disorderly use ordinance. She stated that since 1998 there have been 12 inspections at 719 First Avenue N.W. because of a large number of complaints. She also stated that the rental certificate for the property expired in June of 1999 and has not been renewed because of violations. Ms. LeGare-Gulden said that the City Attorney's Office has not been asked to follow up with charges because of a lack of rental certificate. Wishing to be heard was Larry Mooney, Building Inspector, Building and Safety Department. Mr. Mooney stated that when the renewal for a rental certificate comes due on a property, the inspection is due at the same time. A certain amount of time is allotted to get the corrections done; that is the case with 719 First Street N.W. Wishing to be heard was Steve Berndt, 3021 Crescent Lane N.W. Mr. Berndt said that the non-compliance violation was for lack of rain gutters on the house, which is not a City ordinance. They have been up but no one has returned to reinspect the property. Wishing to be heard was Theresa Berndt, 3021 Crescent Lane N.W. She noted that all of the violations have been taken care of including gutters to alleviate a pooling of water in the driveway. She addressed the racial question stating that she has never had a problem dealing with other races of people and cannot understand the animosity in the neighborhood. Having no one further wishing to be heard, President Hunziker closed the hearing. Terry Adkins, City Attorney, informed the Council that because there was no rental certificate issued, no revocation of the license can occur. However, a civil penalty for each violation which had occurred; three disorderly uses and lack of an adequate response until the time of the court proceedings. The Council could also instruct the Building and Safety Department to refer the matter to the City Attorney for prosecution for failure to obtain a rental certificate at the same time while renting the apartment. Councilmember Stobaugh moved, Marcoux seconded, to impose a civil penalty on Steve and Theresa Berndt equal to one month's rent for each violation (4) and direct the Building and Safety Department to refer the lack of a rental certificate to the City Attorney's Office for prosecution. Discussion. Susan LeGare-Gulden, Building and Safety Department, told the Council that she did not volunteer to mediate with the landlord, tenant and neighbors but that the judge ordered her or someone from the Building and Safety Department to do so. 5730 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 Agenda Item E-4 Terry Spaeth, Administration, read the suggestions given to the Council by the Rental Housing Complaint Board which included: The property owner take unlawfL detainer action against the tenant, the property owner attend the Crime -Free Multi - Housing Workshop scheduled for October 23, 1999, and that the property owner attend the next Kutzky Park Neighborhood Association Meeting. Mr. Spaeth also suggested that the property owner submit to the Council a copy of a revised lease that include the various terms and conditions brought forth in the Crime -Free Multi - Housing Workshop Sgt. Mike Beery thought that a lease with terms as suggested by the Workshop is necessary to be implemented and followed. Ms. Berndt needs to do background checks on all tenants in the future as a part of the lease. If Ms. Berndt is going to continue to rent, she needs to be held accountable. Councilmembers suggested that background investigations be conducted for the next two years. Susan LeGare-Gulden, Building and Safety, said that Ms. Berndt needs to be a good neighbor and needs to attend, for the next six months, the Kutzky Park Neighborhood Meetings. Ms. Berndt also needs to respond in an appropriate time and manner to any complaints from the neighbors or the Building and Safety Department and to be a responsible landlord. Councilmember suggested that attendance at the meetings be at least nine times within the next two years. Councilmember Hanson suggested that the rental certificate be obtained within 30 days. He also suggested that the Council hear back within 30 days as to the disposition of the problem tenant. Councilmember Stobaugh suggested that the Berndt's appear in 30 days with a progress report to the Council. He also asked that the civil penalty be equal to one month's rent on the apartment ($690) for each of four violations. Councilmember Stobaugh moved, McConnell seconded, to amend the original motions to include the suggested conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Establishing Development District No. 14, Adopting the Development Program for the District and Establish Development District Tax Increment Financing District No. 14-1. Terry Spaeth, City Administrator's Office, pointed out a name change for the developer; the name will now be WBI Partners, owned by Joe Weis and sons. The developer has received additional tax credits; therefore, 50 units will be available rather than only 30 units to receive tax credits on. Wishing to be heard was Tim Clawson, Yaggy-Colby Associates, representing the developer. One change was noted including the entire parcel in the development agreement and approximately five acres would be pulled at a later date. At such 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 5731 Agenda Item time subdividing the property of acreage that won't be used for houses will be removed from the TIF District. This parcel would remain zoned R-1 unless the developer requests otherwise. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution Nos. 681-99 and 681A-99 contingent upon the Council considering the rezoning and land use amendment on their own merits on the portion of land not used for housing. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Annexation Petition #99-22 by the City of Rochester and Doug & Karen Nelson to annex land located west of 18th Avenue S.W. in Rochester Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #99-22 by the City of Rochester and Doug & Karen Nelson and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution Nos. 682-99 and 682A-99 approving and authorizing the execution of a Development Assistance Agreement with Weis Partners for the George Townhomes Tax Increment Financing Project. Ayes (7), Nays (0). Motion carried. F-2 Councilmember McConnell felt that too many questions were unanswered. He stated that condemnation should be reserved for public projects only, the tax increment financing of $30-35 million would be unacceptable, the parking ramp should be built in segments, and the high -risk payback of 25 years was unacceptable. Regardless of the questions, Councilmember McConnell felt that the project was exciting and wished the developers luck. Councilmember Stobaugh also voiced concerns about the cost and size and the other property owners that had been put on hold. He noted that he had significant reservations about the project. Councilmembers Senjem moved, Marcoux seconded, to extend to December 6ch 1999, the exclusive negotiation period with GAC TS contingent upon delivery of a Letter of Intent from Nordstrom to the City of Rochester. Discussion. Councilmembers felt that they needed additional time and information to know the details of the project more fully, including rental agreements. Councilmembers Senjem and Marcoux rescinded the motion and second. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 683- 99 extending the exclusive negotiation period with GAC TS to December 20, 1999, 5732, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 Agenda Item G-2a G-2b G-2c G-3a G-3b G-3c contingent upon delivery of a Letter of Intent from Nordstrom to the City of Rochester by December 7, 1999. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 94.01 of the Rochester Code of Ordinances, Relating to A Non -Exclusive Franchise to Rochester City Lines, Inc., To Operate a Public Regular Route Bus Transit System on the Public Streets of the City for a Period Through December 31, 2005, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivisions 4, 5, 7, 8, 11, 16, and 20(b) of Section 129.01; Section 129.02; Section 16.07; Section 169.15; Subdivision 2 of Section 129.16; and 129.257; and Repealing Sections 129.25, 129.251, 129.252, 129.253, 129.254, 129.255, 129.256, 129.257, 129.27, 129.28, 129.29, 129.30, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39 and 129.41 of the Rochester Code of Ordinances Relating to the City Sales Tax, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 5.04 Acres of Land Legally Described As A Part of the Southeast Quarter of the Southwest Quarter of Section 15, and a Part of the Northeast Quarter of the Northwest Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. An Ordinance Creating and Enacting Subdivision 6 of Section 63.226 of the Rochester Code of Ordinances, Relating to the Regulation of Advertising Banners in the City of Rochester, was given a second reading. Councilmembers Hanson moved, Evans seconded, to refer the matter to the Committee on Urban Environment for further study noting the recommendations from Councilmember Hanson in his October 26, 1999, letter to the Council. Councilmembers Senjem moved, McConnell seconded, to table the matter and refer it to the November 15, 1999 Committee -of -the -Whole meeting. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. 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 second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (North side of 15th St. SE, East of Oak Court SE, West of Rose Drive SE) 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 L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — November 1, 1999 57813 Agenda Item Southeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Evans seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (North side of 55tr' St. NW and West side of 50th Ave. NW) G-3d 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 second reading. Councilmembers Evans moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (South side of 41st Street NW, west of Hwy 52, and north of IBM) G-3e 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 second reading. Councilmembers Marcoux moved, McConnell seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of West Circle Drive, South of Rochester Golf & Country Club Driving Range - Hamilton) G-4a Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 684- 99 approving an Owner contract with Schoenfelders South Star, Inc. and Griffin Construction for Project No. J-9635 "Basic Construction to Serve Pinewood Meadows First Addition". Ayes (7), Nays (0). Motion carried. G-4b Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 685- 99 approving an Owner contract with White Oaks Development of Rochester and Road Constructors, Inc. for Project No. J-9632 "Basic Construction to Serve White Oaks Fourth Subdivision". Ayes (7), Nays (0). Motion carried. 1-1 Councilmembers Marcoux moved, Senjem seconded, to reconsider the action by (F-1) which the Council approved the Development Assistance Agreement with Weis Partners for Georgetowne Townhomes for the tax increment financing project. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Resolution approving and authorizing the execution of a Development Assistance Agreement with Weis Partners subject to the condition that any approval of TIF assistance would be contingent upon those approvals in the TIF consideration and in no way should preclude the Council considering from the rezoning and land use amendment on their own merits. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ' City Clerk -.A