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Home My WebLink About11-15-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5734 Regular Adiourned Meeting No. 24 — November 15, 1999 Agenda Item A-1 B-1 'As D-1-8, 11-12, 14-25 D-1 D-2 D-3 D-4 Wishing to be heard was Sylvia Quirk, 847 First Street N.W. Ms. Quirk expressed her concern with the inadequate handling of disorderly use ordinance violations by the Building and Safety Department. She said that the ordinance was put in place by the City to bring about resolution of problems but the residents of the neighborhoods are left with feeling that the City has failed to meet its obligations for enforcing the housing code. 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 Hanson moved, Evans seconded, to adopt Resolution No. 686-99 referring the petition from Roger Carlsen, White Oaks Development, Inc. and Jay Jensen, Shelter Corporation, for improvements to 50th Avenue N.W. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Senjem seconded to approve the following consent agenda items: No minutes were presented. Approved the transfer of $5,000 from the 1999 Contingency Account for the year 2000 Highway 14 Partnership membership. Adopted Resolution No. 687-99 approving the site lease agreement to be used for City parkland sites for potential use for telecommunications towers Approved the following licenses and miscellaneous activities: Fireworks Lorie Line Music Concert — Mayo Civic Auditorium — November 27, 1999 Heating Contractor E.A.H. Schmidt & Associates, Inc. DBA Schmidt Mechanical Services — New Hope, Mn. 3.2% Beer —Temporary Commonweal Theatre Company — fundraiser at Barnes and Noble Bookstore — November 13, 1999 Master Installer Edward A. H. Schmidt, Bloomington, Mn. Master Plumber J-Berd Mechanical, Inc., St. Cloud, Mn. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5735 Regular Adjourned Meeting No. 24 — November 15, 1999 Agenda Item Miscellaneous Street Use Minnesota Bible College — Live Drive Thru Nativity — December 3-5, 1999 Downtown Business Association — Carriage Rides Downtown — November 26, 1999 D-5 I Approved Accounts Payable in the amount of $1,471,049.15. D-6 Adopted Resolution No. 688-99 calling for a pubic hearing on December 20, 1999 to consider issuance of tax-exempt revenue bonds on behalf of Mayo Foundation in an approximate amount of $290,000,000 and directing the City Clerk to publish notice of said hearing in the City's official newspaper. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. D-7 Approved the rejection of all bids for Two Infrared Cameras, Transmitters, Receivers, TVNCR's for the Rochester Fire Department and adopted Resolution No. 689-99 approving the equipment to be rebid on December 1, 1999. D-8 Approved amending Ordinance No. 3204 to include 00 in the legal description of the last property description and instructed the City Attorney to prepare the required ordinance for adoption. D-9 I See at end of D Items. D-10 I See at end of D Items. D-11 Adopted Resolution No. 690-99 authorizing staff to acquire the needed land rights through negotiated settlement, at a value not to exceed 10 percent above the appraised value, or through the 90-Day Quick Take condemnation process for Project No. J-9598 "20th Street S.E. Sanitary Sewer Extension between 11th Avenue S.E. to Marion Road". D-12 Adopted Resolution Nos. 691-99 and 692-99 ordering a feasibility report, accepting the feasibility report and order a public hearing to be held on January 19, 2000, for Project No. 6207-4-00 (J-9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. West Approximately 1100 Feet". D-13 I See at end of D Items. D-14 Adopted Resolution No. 693-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 6202-2-99 (J-9581) "Concrete Curb & Gutter and Overlay Project on 2nd Street S.E. from 11th Avenue S.E. to 15th Avenue S.E.", for the property at 1313 Second Street S.E. D-15 Adopted Resolution No. 694-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 6256-M1-99 (J-9537) "Construct Concrete Curb & Guter, Bituminous Overlay on 5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5736 Regular Adjourned Meeting No. 24 — November 15, 1999 �I Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 Avenue S.E. from 16th Street S.E. to the end of the Cul-De-Sac", for the property at 1606 Fifth Avenue S.E. Adopted Resolution No. 695-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 6217-2-99 (J-9514) "Construct Concrete Curb & Gutter, Storm Sewer, and Overlay Bituminous Roadway in 900 Block of 17th Street S.E.", for eleven property owners. Adopted Resolution No. 696-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 5703-99 (J-9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W.", for thirteen property owners. Adopted Resolution No. 697-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 6206-4-98 (J-9468) "Storm Sewer and Concrete curb & Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W." for four property owners. Adopted Resolution No. 698-99 authorizing the execution of an Assessment Agreement and amending the previously adopted Assessment Roll for Project No. 6201-3-95 (J-9330) "Reconstruct First Street S.W. from 11th Avenue S.W. to 16th Avenue S.W." for six property owners. Adopted Resolution No. 699-99 authorizing the execution of an engineering services agreement with Yaggy-Colby for Project No. M0005 (J-9602) "Sanitary Sewer and Watermain to Serve Woodland Hills Subdivision (Woodcrest Lane S.W.)". Adopted Resolution No. 700-99 amending Paragraph (223.4), Section B "No Parking Zones" to read: (223.4) 19th Street S.E., on the North side, from Vt Avenue to 3`d, at all times. Adopted Resolution No. 701-99 approving Change Order #1 for $20,300 with Nietz Electric for Project No. 9830 (J-6395) "Traffic Signal Installation at 19th Street and Valleyhigh Drive N.W." Adopted Resolution No. 702-99 approving Change Order #1 for $6,067 with Nieman Roofing for the 1998 Roofing replacements at the Water Reclamation Plant. D-24 Adopted Resolution No. 703-99 approving Change Order #1 for $4,895 with Nieman Roofing for the 1999 Roofing replacements at the Water Reclamation Plant. r-- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5737 Regular Adjourned Meeting No. 24 — November 15, 1999 Agenda Item D-25 I Approved the appropriation of $125,000 from the Future Construction Account for one-half of the cost of roof repair at the Olmsted County Historical Center. Ayes (7), Nays (0). Motion carried. D-9 Terry Adkins noted that the Mayor and City Clerk will need to sign the change order rather than the Public Works Director. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 704- 99 approving Change Orders to the contract with Superior Special Services for Closure of the Landfill and Lagoon at the Water Reclamation Plant in the amount of $319,067.35. Ayes (7), Nays (0). Motion carried. D-10 Councilmember Senjem asked whether the City should be in the business of removing snow on a private street serving a residential housing development. He felt that the City would be seen as competing with local private business. Terry Adkins, City Attorney, said there is some legal question concerning the ability of a city to provide contractual services already provided by the private sector. Based on similar experiences with RPU, he warned of possible criticisms from local businesses. Councilmembers Hanson moved, Evans seconded, to deny a winter season contract maintenance agreement with the Baihly Estates Homeowners Association. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. D-13 Councilmembers Senjem moved, Hanson seconded, to place the matter setting the fees, bond and insurance levels for sidewalk contractors and construction and for sewer and drain connection contractors and construction at the bottom of the agenda. Ayes (7), Nays (0). Motion carried. Point Terry Spaeth, Administration, demonstrated to the Council information that has now of been placed on the City Web Page related to the City's Planning and Zoning Inform Commission. The page will show their agendas, staff reports and other information ation I related to planning items. E-1 A Continued 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. It was requested that the hearing be continued to December 6, 1999. No one wished to be heard at this time. Councilmembers Stobaugh moved, McConnell seconded, to continue Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision to December 6, 1999. Ayes (7), Nays (0). Motion carried. 5738 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — November 15, 1999 Agenda Item E-2 E-3 E-4 A Hearing on Type III, Phase I Final Plat #99-38, to be known as Rochester Marketplace located along the south side of 41st Street N.W., west of TH 52, and north of IBM. It was requested that the hearing be continued to December 6, 1999. No one wished to be heard at this time. Councilmembers Hanson moved, Marcoux seconded, to continue Type III, Phase I Final Plat #99-38, to be known as Rochester Marketplace to December 6, 1999. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-26 to be known as Trailridge at 4.1st by IRET located north of 41st Street N.W., east of the Douglas Trail. Wishing to be heard was Don Pederson, Investors Real Estate Trust, thanking the Council for support of the project. Councilmembers Evans moved, Stobaugh seconded, to continue Type III, Phase I Final Plat #99-26 to be known as Trailridge at 41 st by IRET to December 6, 1999. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-46 to be known as Shorewood Retail located north of Second Street S.W, east of 23rd Avenue S.W. Wishing to be heard was Don Staley, 2435 Aspen Lane N.W., representing Shorewood Retail. Mr. Staley said that the plans for the development included a bank and office buildings thus far. Brent Svenby, Planning Department, noted that a revised Final Plat had been submitted and that the two conditions could be removed from the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No.705- 99 approving Final Plat #99-46 to be known as Shorewood Retail. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Vacation Petition #99-14 by Marsha Rollie to vacate a 5-foot utility easement located along the north side of 26th Street N.W., west of 18th Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 706-99 approving Vacation Petition #99-14 by Marsha Rollie. Ayes (7), Nays (0). Motion carried. F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — November 15, 1999 5739 Agenda Item E-6 A Hearing to Consider the Assessment of Outstanding Billings for Weeds, Trees, Debris Removal, Snow Removal, Secure Property, Impound Towing and Electric/Sewer/Water Charges. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 707- 99 approving the Assessment of Outstanding Billings for Weeds, Trees, Debris Removal, Snow Removal, Secure Property, Impound Towing and Electric/Sewer/Water Charges removing the assessment of $81.50 for property at 915 Eighth Avenue N.W. for tall grass eradication. Ayes (7), Nays (0). Motion carried. E-7 I A Hearing on Annual Review of the Rural Service District Parcels. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 708-99 transferring lands into the rural service district. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on City Council Initiated Text Amendment #99-7 to Amend Rochester Zoning Ordinance and Land Development Manual, Section 65.130 and Section 65.320. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to approve City Council Initiated Text Amendment #99-7 to Amend Rochester Zoning Ordinance and Land Development Manual, Section 65.130 and Section 65.320 and instruct the City Attorney to prepare the required ordinance for adoption. E-9 A Hearing to Consider the Proposed Transfer of the Cable Television Franchise from Bresnan Communications to Charter Communications. No one wished to be heard at this time. It was requested that this hearing be continued to December 6, 1999. Councilmembers Hanson moved, Evans seconded, to continue the Proposed Transfer of the Cable Television Franchise from Bresnan Communications to Charter Communications to December 6, 1999. Discussion Councilmember McConnell voiced his objection to the proposed transfer noting that the owner and associates of the owner have been under investigation by federal authorities for unfair business practices. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5740 Regular Adjourned Meeting No. 24 — November 15, 1999 i Agenda Item F-1 F-2 G-2a G-2b G-2c G-3a G-3b G-3c Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 709-99 approving Final Plat #99-9 to be known as Emerald Hills Subdivision and Resolution No. 710-99 granting a revocable permit to Fred Schmidt for the construction and maintenance of a temporary lift station within Outlot A of Emerald Hills Subdivision. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 71 OA-99 approving the staff recommendation for the Wetland Replacement Plan by Jerry Nelson and Roger Carlson for White Oaks Fourth Subdivision. Ayes (7), Nays (0). Motion carried. An Ordinance Amending the Provisions of Ordinance No. 3204 Which Provided For the Annexation to the. City of Rochester of Approximately 10.05 Acres of Land Located in a Part of the Southeast Quarter of the Northwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. An Ordinance Amending and Reenacting Ordinance No. 1466, Relating to the Designation of Certain Lands in the City of Rochester as Part of the Rural Service District, was given a first reading. Councilmembers Stobaugh moved, Hanson seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). The Ordinance was given a second reading. Councilmembers McConnell moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance amending and Reenacting Sections 65.130 and 65.320 of the Rochester Code of Ordinances, Relating to the Maintenance and Repair of Nonconforming Uses in the City of Rochester, was given a first reading. An Ordinance Amending and Reenacting Sections 85.10, 117.01, 117.03, 117.04, 117.05, 117.06, and 117.07, and Repealing Section 117.02 of the Rochester Code of Ordinances, Relating to the Regulation of Noise and Sound Amplification Permits, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Enacting Section 130.042 of the Rochester Code of Ordinances, Relating to the Regulation of the Use of Jake Brakes, was given a second reading. Councilmembers Hanson moved, McConnell seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 45.13 of the Rochester Code of Ordinances, Relating to the Taking of Animals into the Parks and Parkways 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. 1 G-3d I An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 574}1 Regular Adjourned Meeting No. 24 — November 15, 1999 Agenda Item 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, Hanson seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (Klaxon Properties) G-3e An Ordinance Annexing to the City of Rochester Approximately 1.62 Acres of Land Legally Described As A Part of the Northeast Quarter of the Northwest Quarter of Section 16, Township 106 North, range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (3200 Mayowood Road S.W.) G-3f An Ordinance Annexing to the City of Rochester Approximately 39.22 Acres of Land Legally Described As the Northwest Quarter of the Northwest Quarter of Section 23, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Senjem seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (West of Southwest Heights Drive S.W., East of the Greystone Subdivision) G-3g An Ordinance Amending and Reenacting Sections 70.02, 70.03, 70.04, 70.05, 70.06, 70.07, 70.08, and 70.10 of the Rochester Code of Ordinances, Relating to the Regulation of Sidewalk, Driveway, and Curb and Gutter Contractors, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the ordinance as read. Discussion. Councilmember Senjem asked whether the Ordinance should be adopted at this time given the fact that the Council will meet at a Committee -of -the -Whole on the subject in the near future. He also asked if a provision should be written into the Ordinance to require notification of all license holders of increases in fees, bonds, etc. Councilmembers Senjem moved, McConnell seconded, to amend the original motion to include notification of all license holders. Ayes (2), Nays (5). Motion failed. Councilmembers Evans, Hanson, Marcoux, Stobaugh and President Hunziker voted nay. Ayes (7), Nays (0). Motion carried. G-3h An Ordinance Amending and Reenacting Sections 71.01 and 71.03 of the Rochester Code of Ordinances, Relating to the Regulation of Curbs, Curb Cuts, and Driveway Construction, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. G-3i An Ordinance Amending and Reenacting Sections 72.05, 72.06, and 72.09 of the Rochester Code of Ordinances, Relating to the Maintenance and Repair of Sidewalks, was given a second reading. Councilmembers Senjem moved, Hanson seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5742 Regular Adjourned Meetinq No. 24 - November 15, 1999 Agenda Item G-3j G-4a G-4b D-13 1-1 An Ordinance Amending and Reenacting Subdivisions 3 and 18 of Section 76.01, and Sections 76.06, 76.09, 76.10, and 76.11 of the Rochester Code of Ordinances, Relating to the Regulation of Sewers, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 711-99 approving an Owner Contract with Menard, Inc. and Fraser Construction for Project No. J-9645 "Watermain Extension to Serve Lot 1, Block 1, Menards North Subdivision". Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 712- 99 approving an Owner Contract with Leslie Lurken and S.L. Contracting for Project No. J-9643 "Basic Construction to Serve Phase I of Wedgewood Hills T Subdivision (Lots 1, 2, 3 of Block 1 and Lots 1, 2, 3, 4, 5, 6 and 7 of Block 2)". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 713-99 setting the fees, bond and insurance levels for sidewalk contractors and construction and for sewer and drain connection contractors and construction at the same rates as the 1999 fees. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the other members would support him in a general opposition of suburban developments surrounding the City of Rochester. The Councilmembers present agreed with Councilmember Senjem. Having no further business, Councilmembers Senjem moved, Hanson seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 1