HomeMy WebLinkAbout12-06-1999RECORD OF OFFICIAL PROCEEDINGS -OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 25 — December 6, 1999 5743
Agenda
Item
A-1 I No one wished to be heard during the Open Comment Period.
B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Mack Evans, Dennis Hanson, Marcia
Marcoux, David Senjem, Walter Stobaugh. Absent: Councilmember Jean
McConnell.
D-1- President Hunziker noted the contributions made to the Police Department and
23, 25- thanked the organizations involved.
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Councilmembers Evans moved, Stobaugh seconded, to approve the following
consent agenda items
D-1 Approved the minutes of the November 1 and November 15, 1999, Council
meetings.
D-2 Adopted Resolution No. 714-99 authorizing the execution of a 20-year Aviation
Ground Lease Agreement with Midwest Development & Construction, Inc. at the
Rochester International Airport.
D-3 Approved advertising for qualified airport consultants to provide professional
services for Airport Capital Improvement Projects over the next several years.
D-4 Adopted the following Public Utility resolutions:
Resolution No. 715-99 approving a GeoExchange Rate Tariff for residential
customers effective December 6, 1999.
Resolution No. 716-99 approving a contract agreement with the Minnesota
Municipal Power Agency for 25 mW of peaking capacity for summer 2000 at a cost
of $825,000.00 -
D-5 Approved the change in composition of the Heating, Ventilating and Air
Conditioning Board of Review no longer requiring one Councilmember to be a
member of the Board and instructed the City Attorney to prepare the required
ordinance for adoption.
D-6 I Approved the following licenses and miscellaneous activities:
Gambling — Premise Permit
Dover Fire Department at John Barley Come Restaurant and Backstreet
Pub
Gambling — Premise Permit Renewals
Rochester Juvenile Hockey Association at Mugzees, North Star Bar,
Olmsted County Fairgrounds, and CJ's Midtown Lounge.
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5744 Regular Meeting No. 25 — December 6, 1999
Agenda
Item
Gambling —Temporary
Choral Arts Ensemble of Rochester — Raffle at Rochester Mariott Hotel —
February 5, 2000
Miscellaneous Activities
Mayo High School Student Government — Student Sleep -Out at Peace
Plaza for Women's Shelter and Dorothy Day House — December 11, 1999.
D-7 Approved the transfer of the On -Sale Intoxicating and Sunday Liquor for the Riptide
Bar and Grill, 530 111h Avenue N.W. from Michael Tupa to John M. Prow,
Associated Management, Inc. DBA Mr. Bowser's.
D-8 Approved the On -Sale Intoxicating and Sunday Liquor for Kerry, Shannon, Brian
and Erin O'Neill, owners of Hypat Investments of Rochester, Inc. DBA O'Neill's
Pizza Pub at 7 Second Street S.W. (former Brew Pub).
D-9 Approved the corporate name change of Rochester American Pawn Company,
1111 71h Street N.W., and National Pawn and Loan Company, 426 Third Avenue
S.E., from Sioux Falls Real Estate Exchange to National Pawn Company of
Minnesota.
D-10 Approved the transfer of $2000 from the 1999 Contingency .Fund for caging at the
Rochester International Airport storage area.
D-11 Approved Accounts Payable in the amount of $4,140,439.19.
D-12 Adopted Resolution No. 717-99 authorizing the Mayor and City Clerk to sign the
LMCIT Liability Coverage — Waiver Form for the,City of Rochester LMCIT policy as.
well as the Waiver Form for the South Zumbro Watershed Joint Powers Board.
D-13 Adopted Resolution Nos. 718-99 and 719-99 approving the contracts with General
Chemical for Liquor Aluminum Sulfate in the amount of $88,560.00 and Hawkins
Chemical for Anhydrous Ferric Chloride for $135,000.00.
D-14 Adopted Resolution No. 720-99 approving the purchase of two infrared imaging
cameras for the Rochester Fire Department from Clarey's Safety Equipment in the
amount of $31,100.00.
D-15 Adopted Resolution No. 721-99 approving the Collective Bargaining Agreement
with IUOE, Local #70 for Years 2000 to 2002.
D-16 Adopted Resolution No. 722-99.approving the Collective Bargaining Agreement
with AFSCME, Local #319 for Years 2000 to 2002.
D-17 Approved the appointment of Peter Slavin to the position of Fire Captain in the
Rochester Fire Department effective December 9, 1999.
D-18 Approved the appointment of Gary Kuttleson to the position of Motor Operator in
the Rochester Fire Department effective December 10, 1999.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 25 — December 6, 1999 5745
Agenda
Item
D-19 1 Approved the appointment of Michael Ziemann to the Citizens Advisory Committee
on Transit to fill the vacancy of Diane Priebe.
D-20 Adopted Resolution No. 723-99 authorizing the Mayor and City Clerk to sign the
Independent Contractor Agreement with the Wilder Research Center for the Stop
Violence Against Women Act Fund Grant.
D-21 Accepted the donation of Dayton Hudson Corporation for National Night Out in the
amount of $500.00.
D-22 I Accepted the donation of Celebrity Bowl Charities, Inc. for Volunteers in Police
Service expenses in the amount of $1000.00.
D-23 Accepted the donation of Celebrity Bowl Charities, Inc. for CopTalk Live expenses
in the amount of $2000.00.
D-24 I See at end of D Items.
D-25 Adopted Resolution No. 724-99 authorizing the execution of the Development
Agreement with IRET Properties for the Trail Ridge at 41st Street Subdivision.
D-26 Adopted Resolution No. 725-99 approving a revocable permit for the construction of
footings 3.00 feet on City property for a future building to be constructed on the
Rochester City Lines property.
D-27 Adopted Resolution No. 726-99 awarding the contract for Brick Paver and
Maintenance in the Peace Plaza as submitted by Palmer -Soderberg, Inc. in the
amount of $21,125.00
D-28 Adopted Resolution No. 727-99 accepting the feasibility report and setting a public
hearing for January 3, 2000, for Project No. 9714-99 (J-9577) "Sanitary Sewer and
Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue
S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E.
North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E.
to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020
Pinewood Road S.E.".
Ayes (6), Nays (0). Motion carried.
D-24 Councilmember Senjem questioned whether the City should be involved in buying
adjoining property to enhance property that the City wishes to sell. Mike Nigbur,
Public Works, stated that it is for the benefit of the City and MnDot to acquire the
adjoining property to provide for a better access to the frontage road off of 16tn
Avenue N.W.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 728-
99 authorizing staff to begin negotiations with MnDot to acquire property south of
the Elton Hills Fire Station and then market the Fire Station and adjoining property
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5746, Regular Meeting No. 25 — December 6, 1999
Agenda
Item
E-1
E-2
E-3
as a single lot with access limited to the frontage road access off of 161h Avenue
N.W. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember Evans
abstained.
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.
No one wished to be heard at this time.
Staff recommended that this item be continued to December 20, 1999 because of
concerns with the stormwater detention pond.
Councilmembers Stobaugh moved, Marcoux seconded, to continue Type III, Phase
I Final Plat #99-44 by Kenneth Kinseth to December 20, 1999. Ayes (6), Nays (0).
Motion carried.
A Continued Hearing on Type III, Phase I Final Plat #99-38, to be known as
Rochester Marketplace located along the south side of 415t Street N.W., west of TH
52, and north of IBM.
No one wished to be heard at this time.
Staff recommended that this item be continued to January 3, 2000 to allow the
applicant an opportunity to accommodate the necessary revisions and submit
revised plans and a revised plat.
Councilmembers Evans moved, Hanson seconded, to continue Type III, Phase I
Final Plat #99-38, to be known as Rochester Marketplace to January 3, 2000. A
(6), Nays (0). Motion carried.
A Continued Hearing on Transfer of Cable Franchise to Charter Communications.
No one wished to be heard at this time.
Staff recommended that the hearing be continued to December 20, 1999 to allow
for a CATV Board Meeting and information submittal to the City Council.
Councilmembers Stobaugh moved, Hanson seconded, to continue the hearing on
Transfer of Cable Franchise to Charter Communications to December 20 1999.
Ayes (6), Nays (0). Motion carried.
E-4 ( Truth in Taxation Hearing on Proposed Year 2000 Budget and Tax Levy.
Steve Kvenvold, City Administrator, gave a brief synopsis of the City of Rochester
budget outlining the growth of the budget over the past ten years, how tax dollars
are divided among the City, County and School District, and how tax dollars are
spent within the City. The proposed Year 2000 budget amount of $112,338,727
would require a property tax levy of $17,159,741.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
ular Meeting No. 25 — December 6, 1999 5747
Agenda
Item
Wishing to be heard was Cassandra Harrison, 1305 Ashley Lane S.W. Ms.
Harrison moved into her residence last year and felt that the taxes were exhorbitant
and could not see how such a tax could be justified.
President Hunziker recommended that she talk with Dan Hall, County Assessor, to
determine whether the valuation of her house was accurate and how the tax was
arrived at.
Having no one further wishing to be heard, Councilmembers Marcoux moved,
Senjem seconded, to close the public hearing for the Truth in Taxation Hearing on
Proposed Year 2000 Budget and Tax Levy. Ayes (6), Nays (0). Motion carried.
The Year 2000 Budget will be adopted at the meeting on December 20, 1999.
E-5 A Continued Hearing on Type III, Phase I Final Plat #99-26 to be known as
Trailridge at 41st by IRET located north of 41st Street N.W., east of the Douglas
Trail.
Wishing to be heard was Mark Walsh, 15545 Old Territorial Road, Chatfield,
representing the developer and available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
729-99 approving Final Plat #99-26 to be known as Trailridge at 41st by IRET with
three conditions. Ayes (6), Nays (0). Motion carried.
E-6 A Hearing on Annexation Petition #99-23 by Western Walls, Inc. to annex land
located in the Rose Harbor Subdivisions.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hanson seconded, to approve Annexation
Petition #99-23 by Western Walls, Inc. and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (6), Nays (0). Motion carried.
F-1 Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No.
730-99 authorizing the execution of a Development Agreement with DeWitz
Construction, Inc. for the Rose Harbor Estates Tax Increment Financing project.
Ayes (7), Nays (0). Motion carried. Ayes (6), Nays (0). Motion carried.
F-2 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
731-99 approving up to $7 million in tax exempt housing revenue bonds for Shelter
Corporation for the purpose of financing construction of 100 affordable townhome
units in the City of Rochester. Ayes (6), Nays (0). Motion carried.
F-3 ICouncilmembers Stobaugh moved, Marcoux seconded, to approve the
amendments to the Disorderly Use Ordinance and instruct the City Attorney to
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5748 - Regular Meeting No. 25 — December 6, 1999
Agenda
Item
G-2a
G-2b
G-2c
G-3a
G-3b
G-4a
G-4b
prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried.
An Ordinance Amending and Reenacting Section 54.02 of the Rochester Code of
Ordinances, Relating to Licenses Fees For Contractors and Master Installers
Licenses, was given a first reading.
An Ordinance Annexing to the City of Rochester Approximately 10.84 Acres of
Land Located in Rose Harbor Subdivisions Two, Three and Four, Olmsted County,
Minnesota, was given a first reading. (South of Eastwood Road, North of 15'h
Street — Rose Harbor)
An Ordinance Amending and Reenacting Chapter 38 of the Rochester Code of
Ordinances, Relating to Regulation of Disorderly Uses Occurring on Rental
Property, was given a first reading.
Councilmembers Stobaugh moved, Marcoux 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. Councilmembers Stobaugh moved,
Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion
carried.
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
second reading. Councilmembers Evans moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (6), Nays (0). Motion carried. (West of 181h Avenue S.W.
and South of Merrihills Development)
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 second reading. Councilmembers Hanson moved, Marcoux seconded, to
adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
732-99 approving the execution of an Owner Contract with Michael Younge and
Road Constructors for Project No. J-9617 "Basic Construction to Serve Lincolnshire
North Third Subdivision (Lots 1 through 3, Block 1; Lots 1 through 13, Block 2; Lot
1, Block 3). Ayes (6), Nays (0). Motion carried.
Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 733-99
approving the execution of an Owner Contract with Investors Real Estate Trust and
Terra Pacific for Project No. J-9620 "Basic Construction to Serve Trailridge at 41 s`
by IRET". Ayes (6), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 25 — December 6, 1999 5749
Agenda
Item
G-4c Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 734-
99 approving the execution of an Owner Contract with Michael Younge and Road
Constructors for Project No. J-9641 "Basic Construction to Serve Orchard Hills
South First Subdivision — Phase 1 (Lots 1 through 4, Block 1; Lots 16 through 18,
Block 2; Lots 1 & 2, Block 3). Ayes (6), Nays (0). Motion carried.
G-4d Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 735-
99 approving the execution of an Owner Contract with Rochester Public Schools,
I.S.D. #535 and Fraser Construction for Project No. J-9648 "Watermain to Serve
Rochester Public Schools, I.S.D. #535 Maintenance Services Building on 9 Y2
Street S.E.". Ayes (6), Nays (0). Motion carried.
Having no further business, Councilmembers Stobaugh moved, Hanson seconded,
to adjourn the meeting. Ayes (6), Nays (0). Motion carried.
City Clerk