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HomeMy WebLinkAbout12-20-1999rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5750 Regular Adjourned Meeting No. 26 — December 20, 1999 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, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. C71 I President Hunziker acknowledged the Elton Hills School Boy Scout Troop. D-1-5, Councilmembers Hanson moved, Senjem seconded, to approve the following 8-11, consent agenda items. 13,15- 20,22- Councilmember Senjem noted the donation of land by the Verkerke family. 25 D-1 I Approved the minutes of the December 6, 1999, meeting. D-2 Adopted Resolution No. 736-99 approving the retaining of Wilbur Smith and Associates at a cost of $86,232.00 for EIS consultant services. Councilmembers Senjem and Stobaugh noted their affiliation with the Mayo Foundation. D-3 Adopted Resolution No. 737-99 entering into an agreement with Burns & McDonnell to provide professional engineering services for the installation of a simple cycle gas turbine in the amount of $1,200,000.00. D-4 I Approved the following licenses and, miscellaneous activities: Fireworks RES Specialty Pyrotechnics — Millennium Celebration — January 2, 2000 Gambling — Temporary Rochester Area Disabled Athletics & Recreation — Raffles — January 21-23, 2000 and May 12, 2000 Pheasants Forever — Tri-County Chapter — Raffle — March 17, 2000 Gambling — Renewal Premise Permit Elks Lodge #1091 — Rochester Heating Contractor NS/I Mechanical, St.Paul Warming Trends, LaCrosse, Wisconsin Master Installer James Williams, Galesville, Wisconsin Charles Zutz, Woodbury Pigeon Permit James & Carletta Bell, Rochester RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 26 — December 20, 1999 5751 Agenda Item Sidewalks — Cement Affordable Concrete, Inc., Rochester Bor-Son Construction, Bloomington Mike Meyer Construction, Rochester Miscellaneous Activities St. Francis of Assisi Church — Procession of Our Lady of Guadeloupe — December 12, 1999 (prior approvals: Hunziker, Hanson, Marcoux, Evans) January 1 to December 31, 2000 License Renewals Bus 1 Heating, Ventilating & Air Conditioning 106 Contractors Master Installers 146 Master Plumbers 67 Motion Pictures 19 Pawnbrokers 3 Pigeon 4 Sewer & Drain 48 Sidewalks — Asphalt 10 Sidewalks — Cement 63 Signs 40 Taxi 1 D-5 Approved Accounts Payable in the amount of $2,256,005.84. D-6 See at end of D items. D-7 See at end of D items. D-8 IAdopted Resolution No. 739-99 accepting a grant award of $5,999 for Tire Deflatioi Equipment and entering into an agreement with the State of Minnesota. D-9 IAdopted Resolution No. 740-99 authorizing staff to purchase the Persing Property in the amount of $6,800.00 for the 48th Street project. D-10 Adopted Resolution No. 741-99 authorizing staff to purchase a portion of the Merkley property in the amount of $3,645.59 for the 60th Street S.W. project. D-11 Adopted Resolution No. 742-99 accepting the donated Lot 11 of Block 11 Cummings Addition from Jeff and Lisa Verkerke for land abutting both City owned land and right-of-way for Civic Center Drive. D-12 See at end of D items. D-13 Adopted Resolution No. 744-99 approving the acquiring of land through negotiated settlement or Quick Take condemnation process for Project No. J-9603 "Rose Harbor Water Tower". rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5752 Regular Adjourned Meeting No. 26 — December 20, 1999 Agenda Item D-14 D-15 D-16 D-17 D-18 D-19 e D-21 D-22 D-23 D-24 D-25 See at end of D items. Adopted Resolution No. 746-99 authorizing an Engineering Services Agreement with Yaggy-Colby Associates to provide engineering services for Project No. M023 (J-9651) "Construct Fox Valley Drive from Foxcroft 2"d Subdivision to Baihly Heighi 61n Subdivision" in the amount of $30,000.00. Adopted Resolution No. 747-99 authorizing an Engineering Services Agreement with Yaggy-Colby Associates to provide engineering services for Project No. 6323- 2-99 (J-9563) "Improve Intersection of TH 52 East Frontage road at 415t Street N.W." in the amount of $26,950.00. Adopted Resolution No. 748-99 authorizing an Engineering Services Agreement with McGhie & Betts, Inc. to provide engineering services for Project No. M0007 (J- 9604) "Intermediate Level Trunk Watermain in Southeast Service Area from New Water Tower to Pinewood Road Area". Adopted Resolution No. 749-99 approving Supplemental Agreement #1 in the amount of $4,675.00 for Project No. 6323-3-98 (J-9502) "23' Avenue S.W. from Second Street S.W. to North 400 Feet". Adopted Resolution No. 750-99 approving Supplemental Agreement #2 in the amount of $8,142.48 for Project No. 6323-3-98 (J-9502) "23rd Avenue S.W. from Second Street S.W. to North 400 Feet". Adopted Resolution No. 751-99 amending Chapter K of the Comprehensive Traffic and Parking Resolution Book to read: 1) Monthly Rates; add a new "Flex Parking " Monthly Rate in the Civic Center Ramp at a rate of $48 per month. See at end of D items. Adopted Resolution No. 753-99 approving the contract with Rochester City Lines for Year 2000 Regular Route Transit Operations. Adopted Resolution No. 754-99 approving Change Order No. 1 in the amount of $8,960.00 with Gridor Construction for Miscellaneous Concrete Repairs to the Water Reclamation Plant. Adopted Resolution No. 755-99 approving the extension of MNDOT Agreement No. 77337 concerning the funding of Route 17 serving County Road 11 and Marion Road. Adopted Resolution No. 756-99 executing the Stop Loss policy with American Fidelity Assurance Company for the Rochester Group Health Plan. 1 Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 26 — December 20, 1999 5753 Agenda Item D-6 Councilmember Evans publicly thanked the Mayor for his appointment of Mr. Landwehr to the Board and moved to approve the appointment of Richard Landwehr to the Public Utility Board to fill the expired term of Robert Maroo and running to June 2003. Councilmember Hanson seconded. Ayes (7), Nays (0). Motion carried. D-7 City Attorney Adkins informed the Council that this Task Force is not independently insured and the City of Rochester will be liable for any claims arising out of Rochester Police Officers' participation in the Task Force. Councilmember Senjem moved, Evans seconded to adopt Resolution No. 738-99 approving the Rochester Police Department entering into a Southeast Minnesota Narcotics Task Force joint powers agreement. D-12 I City Attorney Adkins informed the Council he has not received a Settlement Agreement or Stipulation for Dismissal on the lawsuit for this property. Councilmember Hanson moved, Marcoux seconded, to adopted Resolution No. 743-99 authorizing the Mayor and City Clerk to execute the Development Agreement with Jerry Schultz and Randy Reynolds for the Southernwoods Subdivision, modifying the plat conditions for right-of-way dedication for 48th Street South/TH63 interchange as recommended by staff, with one condition: the City Attorney must receive and execute the Settlement Agreement or Stipulation for Dismissal pertaining to the lawsuit before execution of the Development Agreement. Ayes (7), Nays (0). Motion carried. D-14 Councilmember McConnell asked staff the reasons for purchase of this property and where the funds were coming from. Staff explained that the decision to purchase the property was completed last year before the 16th Ave. project was put on hold and this is the acquisition of the Northgate property in the amount agreed upon by the owner and the city. Councilmember McConnell moved, Marcoux seconded to adopted Resolution No. 745-99 authorizing staff to purchase Northgate property owned by R &K Northgate Partnership, for $595,000.00 for the 16th Avenue NW project. Ayes (7), Nays (0). Motion carried. D-21 I City Attorney Adkins noted that the applicant for this revocable permit is the Mayo Foundation -not the Construction company as stated in the RCA. Councilmember Hanson moved, Evans seconded to adopted Resolution No. 752- 99 extending the revocable permit with the Mayo Foundation from December 31, 1999 to June 1, 2000, for the closure of 2"d Avenue S.W./300 Block for the Mayo Lab Service Building. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem and Stobaugh noted their affiliation with the Mayo Foundation. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA . 5754 . Regular Adjourned Meeting No. 26 — December 20, 1999 I Agenda Item E-1 E-2 E-3 A Hearing on the Adoption of the 2000 Tax Levy, 2000 Budget and 2000-2005 CIP. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded to approve Resolution No. 757-99, to adopt the 2000 Tax Levy of $17,149,878; the 2000 Total Budget of $112,483,668; and the 2000-2005 CIP as presented by the City Administrator. The Council discussed increasing the final tax levy to $450,122 (the amount of the preliminary tax levy) and allocating the amount of $450,122 to street maintenance. Councilmembers Evans moved, Stobaugh seconded to amend the motion to reflect the increase in the budget by $450,122 and allocating the additional dollars for street improvements. Councilmembers Senjem and McConnell spoke in opposition to the motion to amend, saying that it would be 9.4 percent, the highest levy to date. Ayes (4), Nays (3). Councilmembers McConnell, Senjem and Hanson voting nay. Motion carried. The vote on the original motion as amended. Ayes (4), Nays (3), Councilmembers McConnell, Senjem and Hanson voting nay. Motion carried. A Continued Hearing on Transfer of Cable Franchise from Bresnan Telecommunications to Charter Communications. Wishing to be heard was Tim Vowel, Director of Government Relations for Charter Communications. He handed out packet giving information about Charter Communications and was available for any questions. Councilmember McConnell asked about rate increases and what control the Council has on this issue. Mr. Vowel stated it is the market that regulates the prices on cable television. City Attorney Adkins stated the city is certified to regulate rates on basic cable, so appropriate forms would be presented to the city for basic cable rate changes. However, he also stated the City can only determine whether the basic cable rate complies with FCC -established benchmarks. The City has no authority to arbitraril set the rate. Councilmember McConnell stated his disapproval of the cable franchise. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 760- 99 approving the proposed transfer of control of Bresnan Telecommunications Company LLC to Charter Communications. Ayes (6), Nays (1). McConnell voted nay. Motion carried. A Hearing on the Proposed Practice Integration Project by the Mayo Foundation and the Issuance of Revenue Bonds in the amount of $290,000,000. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 26 — December 20, 1999 5755 Agenda Item Wishing to be heard was Harry Hoffman representing Mayo Foundation thanking the City and Dale Martinson for their help in issuing revenue bonds. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded to adopt Resolution Numbers 761-99 and 762-99 approving the Preliminary and Final Approval to the Issuance of up to $2900 Million in Revenue Bonds on behalf of Mayo Foundation. Councilmembers Senjem and Stobaugh acknowledge their affiliation with the Mayo Foundation. Ayes (7), Nays (0). Motion carried. E-4 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. Staff recommended that the item be continued to January 3, 2000 to resolve issues with a stormwater detention pond. No one wished to be heard at this time. Councilmembers Evans moved, Marcoux seconded, to continue Type III, Phase I Final Plat hearing #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision to January 3, 2000. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Zoning District Amendment #99-18 by White Oaks Development, Inc. located along the west side of 501h Avenue N.W., north of the Douglas Trail and west of the existing White Oaks Subdivision. Wishing to be heard was Bill Tointon, McGhie and Betts representing the developers asked for approval of the zone change and was available for any questions. Councilmember McConnell voiced his concern over fire protection as homes move farther north. Mr. Tointon stated this had been studied and felt protection was adequate for the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded approving Zoning District Amendment #99-18 by White Oaks Development, Inc. located along the west side of 50th Avenue NW, north of the Douglas Trail and west of the existing White Oaks Subdivision and instructing the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law. Ayes (7), Nays (0). Motion carried. E-6 I A Hearing on General Development Plan #142 by White Oaks Development, Inc. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5756 Regular Adjourned Meeting No. 26 — December 20, 1999 Agenda Item E-7 E-8 be known as Weatherstone. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the developer. Mr. Tointon noted criteria changes to comply with staff approval. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to approve General Development Plan #142 by White Oaks Development to be known as Weatherstone with eleven conditions as amended in conditions #3 and #9 and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #99-18 by WBI Partners, LLC to be known as George Towne Homes located along the south side of 55th Street N.W., east of Menards. Wishing to be heard was Dale Allen, of Yaggy Colby Associates representing WBI Partners, LLC, was available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Evans moved, Hanson seconded, to approve the Zoning District Amendment 399-18 by WBI partners, LLC to be known as George Towne Homes and instructing the City Attorney to prepare an ordinance that can be adopted supported by Findings of Facts, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #143 by WBI Partners, LLC to be known as George Towne Homes located along the south side of 551h Street N.W., east of Menards. Wishing to be heard was Dale Allen, of Yaggy Colby Associates representing WBI Partners, LLC. Mr. Allen asked that condition #2 include reference to the adjacent property owner paying half the cost of any future road and signals needed for access by the property owner. Staff informed Mr. Allen that the city has no way to require the property owner to help pay for the development of this project. This is an issue to be resolved by the two property owners. Councilmembers Hanson moved, Stobaugh seconded, to approve the General Development Plan #143 by WBI Partners, LLC to be known as George Towne Homes with ten conditions, and rewording of #5 as proposed by Public Works and instructing the City Attorney to prepare Findings of Facts, Conclusions of Law or Order as recommended by the Planning Commission. Ayes (7), Nays (0). Motion carried. 1 RECORD 'OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 26 — December 20, 1999 5757 Agenda Item E-9 A Hearing on Type III, Phase II Preliminary Plat #99-45 by Leslie Lurken to be known as Wedgewood Hills Third Subdivision located south of 55th Street N.W., west of 52"d Avenue N.W. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the developer and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve the Type III, Phase II Preliminary Plat #99-45 by Leslie Lurken to be known as Wedgewood Hills Third Subdivision with five conditions and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. E-10 A Hearing on Annexation Petition by Wayne Brehmer and Caryl Ripley to annex land located south of 65th Street N.W. and along the west side of 50th Avenue N.W. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the petitioner and was available for any questions. Councilmembers Stobaugh moved, Marcoux seconded to approve the Annexation Petition by Wayne Brehmer and Caryl Ripley to annex 38.35 acres located south of 65th Street NW and along the west side of 50th Avenue NW and instructing the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Type III, Phase III Conditional Use Permit #98-24 by R.L. Hexum & Associates to allow for filling in the flood fringe on property located east of TH 63, northeast of St. Bridget Road. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded to adopt Resolution No. 763- 99 approving Type III, Phase III Conditional Use Permit #98-24 by R.L. Hexum & Associates with one condition. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Vacation Petition #99-15 by Menards, Inc. to vacate a 15-foot utility easement located along the south side of the existing Menards Building. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded to adopt Resolution No. 764- 99 approving Vacation Petition #99-15 by Menards, Inc. to vacate a 15-foot utility easement located along the south side of the existing Menards Building. Ayes (7); Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded to reconsider previous motion. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded to adopt Resolution No. 764- rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5758 Regular Adjourned Meeting No. 26 — December 20, 1999 Agenda Item E-13 F-1 F-2 G-2a G-2b 99 with one condition on page 192 as recommended by staff. Ayes (7), Nays (0). Motion carried. A Hearing on City Initiated Text Amendment #99-8 to amend Sections 62.1100 (excavation regulations), 62.140 and the Zoning District Tables of the Rochester Zoning Ordinance and Land Development Manual. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded to approve the city initiated Text Amendment #99-8 to make corrections to regulations related to excavation activities and instructing the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. City Attorney Adkins requested that Council invite Marvin Liszt, 5500 Wayzata Boulevard, Minneapolis, from Eller Advertising to speak to the issue of the proposed settlement. Mr. Liszt stated he felt this was the most viable way to settle the sign issue. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 765-99 approving the execution of the settlement agreement with Eller Advertising subject to the City Attorney's approval of the agreement's language. Ayes (6), Nays (0). Evans abstained. Motion carried. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 766- 99 approving the extension of the Exclusive Negotiation Agreement with GAC TX for the Time Square Project to. February 21, 2000. Ayes (5), Nays (2). McConnell and Stobaugh voted nay. Motion carried. Councilmember Hanson asked for clarification on what to expect on or before February 21, 2000. Gus Chafoulias, 930 8th Street SW, stated Nordstrom will by then have visited Rochester and produced a Letter of Intent to be available by the February 21s' meeting. With the Letter of Intent, (which does not bind them legally to the project) Phase II of the Development Agreement can proceed. Mr. Chafoulias assured the Council that with the Letter from Nordstrom, he has many other retailers ready to sign on for the project. Mr. Chafoulias also assured everyone that using TIF revenue does not tax the city. An Ordinance Rezoning Certain Property From the R-1 District to the R-2 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. (north of the Douglas Trail, west of 50th Avenue N.W.) An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District and From the R-1 District to the B-5 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. (South of 55th Street N.W., East of Menards) 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 26 — December 20, 1999 5759 Agenda Item G-2c An Ordinance Annexing to the City of Rochester Approximately 38.35 Acres of Land Located in a Part of the Northeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 65th Street, Along West Side of 50th Avenue) G-2d An Ordinance Amending and Reenacting Sections 62.146, 62.149, 62.211, 62.212, 62.221, 62.222, 62.224, 62.225, 62.231, 62.232, 62.241, 62.242, 62.251, 62.252, 62.312, 62.322, 62.332, 62.342, 62.352, 62.371, 62.372, Paragraph b of Clause 1 of Subdivision B of Section 62.1101, Paragraph b of Clause 2 of Subdivision B of Section 62.1101, Paragraph b of Clause 3 of Subdivision B of Section 62.1101, Subdivision C of Section 62.1106, Subdivision E of Section 62.1106, Subdivision B of Section 62.1108, Subdivision B of Section 62.1109 and Section 62.1110 and Deleting Section 62.1113 of the Rochester Code of Ordinances, Relating to the Regulation of Excavation Activities and Substantial Land Alteration, was given a first reading. Councilmembers Stobaugh moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3a 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 second reading. Councilmembers McConnell moved, Stobaugh seconded, to approve the Ordinance as read, Ayes (7), Nays (0). Motion carried. G-3b 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 second reading. Councilmembers Marcoux moved, Evans seconded, to approve the Ordinance as read. Ayes (6), Nays (1). Senjem voting nay. Motion carried. Having no further business, Councilmembers Evans moved, Senjem seconded to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 1-10014. Almzo_.Iv� Deputy City Clerk c