HomeMy WebLinkAbout01-19-2000RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5772 Regular Adjourned Meeting No. 2 — January 19, 2000
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Wishing to be heard was John C. Magnotto, 717 Ninth Street S.W. Mr. Magnotto
purchased his property on March 21, 1998, and contacted Public Works about the
hookup of City services. He was informed that no services were available at that
time; he then ran numerous tests on the water and sewer on his property. Mr.
Magnotto He indicated that he has since connected to the City water and sewer,
but feels that the connection charges are not equitable with those proposed for his
neighbors. Mr. Magnotto asked that the water services be turned on so that his
boiler system can be tested, equity be established for charges for services equal to
adjacent properties, and deduct expenses incurred by himself prior to connecting to
the City water and sewer.
The Council told Mr. Magnotto that the City Administrator would look into the
matter.
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: Jean McConnell.
Councilmembers Stobaugh moved, Hanson seconded, to adopt the following
resolutions referring petitions to the Public Works Department for feasibility studies.
Resolution No. 041-00 referring the petition for Extension of Water and Sewer to
Serve the Badger Parcel at the intersection of West Circle Drive and Valleyhigh
Resolution No. 042-00 referring the petition for Curb & Gutter and Overlay on
Eighth Avenue S.E. from 16th Street to 20th Street S.E.
Resolution No. 043-00 referring the petition for Curb & Gutter and Overlay on 151h
Street N.W. from Valleyhigh Drive to Street End
Resolution No. 044-00 referring the petition for Curb & Gutter and Overlay on
Northern Heights Drive to 22"d Street N.E. to Street End
Resolution No. 045-00 referring the petition for Curb & Gutter and Overlay on
Seventh Street S.W. Between 141h and 15th Avenue S.W.
Resolution No. 046-00 referring the petition for Curb & Gutter and Overlay on 181h
Street S.E. from Ninth Avenue to Tenth Avenue S.E.
Resolution No. 047-00 referring the petition for Curb & Gutter, Storm Sewer and
Overlay on 16 % Street S.E. from Ninth Avenue to Tenth Avenue S.E..
Resolution No. 048-00 referring the petition for Curb & Gutter and Overlay on Sixth
Avenue S.E. from 16 % Street S.E. to Street End
Resolution No. 049-00 referring the petition for Curb & Gutter and Overlay on Tenth
Avenue S.E. from 16'/2 Street to 19t Street S.E.
Resolution No.050-00 referring the petition for Curb & Gutter and Overlay on
Northern Hills Drive South cul-de-sac of Northern Hills Court
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 2 — January 19, 2000 5773
Agenda
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Resolution No. 051-00 referring the petition for Curb & Gutter and Overlay on 20th
Street N.W. from Valkyrie Drive to 13th Avenue N.W.
Ayes (6), Nays (0). Motion carried.
D-1-31 Councilmembers Evans moved, Stobaugh seconded, to approve the following
consent agenda items:
D-1 I Approved the minutes of the December 20, 1999, and January 3, 2000, meetings.
D-2 Approved a study and recommendations by the Planning Department relating to
land use for the Arboretum GDP commercial area lying north of 41st Street N.W.,
east of Arboretum Drive N.W. and south of the single family homes along the
southern portion of the Arboretum.
D-3 Adopted Resolution No. 052-00 authorizing a public hearing to be held on February
7, 2000 to consider the issuance of up to $7,500,000 in housing revenue bonds for
the Weatherstone Townhomes Project.
D-4 Adopted Resolution No. 053-00 approving the amended start and completion dates
for the Bear Creek Apartment Project and authorize the Mayor and City Clerk to
sign the required agreements.
D-5 I Approved the following licenses and miscellaneous activities:
On -Sale 3.2 Beer — Temporary
St.,Pius X Catholic Church — Polka Mass & Dance — February 5, 2000
Dance — Temporan/
St. Pius X Catholic Church — Polka Mass & Dance — February 5, 2000
Gambling — Temporary
Ben Franklin PTSA — Bingo Fundraiser — January 28, 2000 (request waiver
of 30-day period)
John Marshall Senior Class Party — Raffle
Harriet Bishop PTSA - and Bingo — February 25, 2000
Church of the Resurrection — Raffle — March 5,2000
Gamblina — Premise Permit Renewals (3/31/00 to 3/31/02
Community Charities of Minnesota (formerly Celebrity Bowl Charities) at
Recreation Lanes, Colonial Lanes and JJ's Restaurant and Lounge
D-6 Approved the 3.2% Beer Off -Sale license for Econofood Store at 3470 55th Street
N.W.
D-7 I Approved the transfer of the On -Sale 3.2% Beer license from Sunnareth Khourn to
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5774 Regular Adjourned Meeting No. 2 — January 19, 2000
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Tith Joeun for Combo Cuisine, 1123 Civic Center Drive N.W.
Approved the amendment to RCO 125A.21 subd. 2 ( c ) allowing for the sale of on -
sale intoxicating liquor after 8:00 P.M. on December 241h and instructed the City
Attorney to prepare the required ordinance for adoption.
Approved Accounts Payable in the amount of $1,289, 512.69.
Adopted Resolution No. 054-00 closing completed improvement projects and
transferring unexpended balances pursuant to City Charter, Section 11.10.
Approved the amendment to RCO Section 17.01 to include job titles Administrative
Services Manager and Fire Protection Specialist and instructed the City Attorney to
prepare the required ordinance for adoption.
Adopted Resolution No. 055-00 approving the Meet and Confer Agreement for
years 2000-2002 for the Parking Control Officers.
Approved the appointment of Maggie Brimijoin, Paul Barton and Ed Haskell to
second three-year terms to expire January 2003 to the Library Board.
Adopted Resolution No. 056-00 authorizing the Mayor and City Clerk to enter into a
lease agreement for digital recording equipment in the Police Department.
Adopted Resolution No.057-00 acknowledging the City's support, sponsorship and
priority of the STIP highway projects and authorize an TRLF loan application for
$5,000,000 for years 2000-2005 MSA Street projects.
Adopted Resolution No. 058-00 entering into a professional services agreement
with RLK Kuusisto, Ltd. for the design of traffic control signals at the intersection of
41st Street N.W. and the TH 52 West Frontage Road and at 41" Street and 31st
Avenue N.W. for an amount not to exceed $27,500.
Adopted Resolution No. 059-00 entering into a professional services agreement
with Yaggy Colby Associates to revise the Official Street Map No. 12 to be
consistent with the preferred TH63/North Willow Creek Study Area alternative
layout for a lump sum amount of $6,500.00.
Approved the name of street designation within North Park Ninth Subdivision from
61st Street N.W. to Savannah Drive N.W. and instructed the City Attorney to
prepare the required ordinance for adoption.
Adopted Resolution No. 060-00 accepting the feasibility study and ordering Project
No. M-025 (J-9655) "High Level Watermain Extension From Orchard Ridge to
Highway 52" to be made and authorize staff to retain professional consultants for
design and acquire land rights as needed.
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D-20 I Adopted Resolution No. 061-00 authorizing staff to complete the acquisition of a
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 2 — January 19, 2000 5775
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portion of the Towey property in the amount of $22,633.65 needed for the 60th
Street S.W. project.
D-21 Adopted Resolution No. 062-00 approving a revocable permit to McLeod USA to
allow the placement of a telecommunications line on City lands abutting Lot 1 and
Lot 4, Block 1 South Zumbro Plaza.
D-22 Adopted Resolution Nos. 063-00 ,064-00 ,065-00 accepting the Feasibility Report
for Project No. J-2261 "Construction of 16th Avenue N.W. from Civic Center Drive
N.W. to 7th Street N.W.", setting a Project Hearing and an Assessment Hearing for
February 23, 2000.
D-23 I Adopted Resolution No. 066-00 deleting a portion of Sixth Avenue S.W. from the
Municipal State Aid System (from 41h Street S.W. to 6th Street S.W.).
D-24 Adopted Resolution No. 067-00 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on February 23, 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.".
D-25 Adopted Resolution No. 068-00 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on February 23, 2000 for Project No. 9829 (J-9536) "Sanitary
Sewer and Watermain to Serve Riverview Heights Subdivision" and Project No.
9913 (J-9588) "Sanitary Sewer and Watermain Extension to Serve the Cheval Lane
N.E. Area".
D-26 Adopted Resolution No. 069-00 accepting the proposal of BKBM Professional
Engineers of Minneapolis to provide professional engineering services for Project
No. 8215-31-2000 (J-2594) "2000 Restoration of the Second Street Ramp".
D-27 Adopted Resolution No. 070-00 accepting the proposal of Bonestroo Rosene
Anderlik & Associates of St. Paul to provide professional engineering services for
Project No.9501 B (J-2005) "Replace the High Roof on the Traffic Operations
Building".
D-28 Adopted Resolution No. 071-00 amending Paragraph (9.4) and (9.5) of Section B
"No Parking Zones" of the Comprehensive Traffic & Parking Resolution book to
read:
(9.4) East Center Street, on both sides of the street, from Civic Center
Drive to a point 140 feet east of Civic Center Drive, at all times.
(9.5) Delete
D-29 Adopted Resolution No. 072-99 amending Paragraph (308) of Section B "No
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read:
(308) Hampton Rhodes Court N.W., on the south & west side of the street,
at all times.
Adopted Resolution No. 073-00 approving the Wetland Delineation and
Replacement Plan for the City of Rochester for the drainageway that is parallel to
the DM&E railroad bed north of Barlow Plaza and the City to purchase the 0.88
acres of wetland credits from the BWSR.
Ayes (6), Nays (0). Motion carried
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 February 7, 2000, to resolve
issues related to a stormwater detention pond.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon
Hills Third Subdivision to February 7, 2000. Ayes (6), Nays (0). Motion carried.
A Hearing on Annexation Petition #99-25 by Ratzloff/Bigelow and C..Fred
Krebsbach to annex land located south of 551h Street N.W. and west of Wedg
Hills Subdivisions.
Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., one of the
applicants. He wanted to thank Mr. Krebsbach for allow them to annex part of his
land along with theirs to help them out.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Evans seconded, to approve Annexation Petition
#99-25 by Ratzloff/Bigelow and C..Fred Krebsbach and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried.
A Hearing on Annexation Petition #99-26 by Roland and Marilyn Graves to annex
land located east of 50'h Avenue N.W., south of 651h Street N.W. and north of White
Oaks Subdivisions.
Wishng to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. Mr. Masterpole was available for questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to approve Annexation Petitior
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 2 —January 19, 2000 5777
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#99-26 by Roland and Marilyn Graves and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (6), Nays (0). Motion carried.
E-4 A Hearing to Consider the Making of Local Improvement Project No. 6207-4-00 (J-
9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. West Approximately
1100 Feet".
Wishing to be heard was Julie Leitzen, Western Walls, 604 111h Avenue N.W. She
was in agreement with the staff recommendation that the hearing be continued to
February 23, 2000. The Public Works Department will be working to further reduce
some of the costs.
Wishing to be heard was Russell and Kathy Barnes, 4705 Seventh Street N.W.
The Barnes own approximately four acres surrounded by the City. They were
concerned about the affect that the annexation would have on their property in
terms of trees, driveway, streets, etc.
Wishing to be head was Bob and Terry Krenning, neighbors of the Barnes, wanting
to be informed about the annexation and the development of the area.
Councilmembers Stobaugh moved, Hanson seconded, to continue the hearing to
consider the Making of Local Improvement Project No. 6207-4-00 (J-9594)
"Reconstruct 71h Street N.W. from 46th Avenue N.W. West Approximately 1100
Feet" to February 23, 2000. Ayes (6), Nays (0). Motion carried.
E-5 IA Hearing on Expenditure of the Residual Assets Derived From the Merger of the
Rochester Police and Fire Consolidated Pension Account with PERA.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
074-00 approving the utilization of residual assets from the fire plan for current
operating expenditures of the fire department and those from the police plan to fund
current operating expenditures of the police department and to amend the 2000
budget and reallocate $4.0 million of tax levy from the general fund to the capital
Improvement fund to be allocated towards public safety projects. Ayes (6), Nays
(0). Motion carried.
F-1 Councilmembers moved, seconded, to adopt Resolution Nos. 075-00, 076-00, 077-
00 accepting the feasibility report for Project No. N-026 (J-9656) "Public
Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor",
setting a Project Hearing and an Assessment Hearing for March 6, 2000. Ayes (6),
Nays (0). Motion carried.
G-2a An Ordinance Repealing Subdivision 2( c ) of Section 125A.21 of the Rochester
Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor, was given a
first reading.
G2b I An Ordinance Amending and Reenacting Section 17.01 of the Rochester Code of
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Ordinances, Relating to Personnel of the Fire Department, was given a first
reading.
An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of
Ordinances, Relating to the Designation of 61st Street N.W., Within North Park
Ninth Subdivision as Savannah Drive N.W., was given a first reading.
An Ordinance Annexing to the City of Rochester Approximately 40.31 Acres of
Land Located in the Northeast Quarter of the Northwest Quarter and a Part of the
Northeast Quarter of Section 8, Township 107 North, Range 14 West, Olmsted
County, Minnesota, was given a first reading. (South of 55th Street N.W., west of
Wedgewood Hills)
An Ordinance Annexing to the City of Rochester Approximately 54.40 Acres of
Land Located in a Part of the Northwest Quarter of Section 8, Township 107 North,
Range 14 West, Olmsted County, Minnesota, was given a first reading. (East of
50th Avenue N.W., North of White Oaks Fourth Subdivision)
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 second reading.
Councilmembers Marcoux moved, Senjem seconded, to adopt the Ordinance as
read. Ayes (6), Nays (0). Motion carried. (South of 65th Street, Along West Side
of 50th Avenue)
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 second reading. Councilmembers Stobaugh
moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried. (South of 55th Street N.W., East of Menards)
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 second
reading. Councilmembers Hanson moved, Senjem seconded, to adopt the
Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of the Douglas
Trail, west of 50th Avenue N.W.)
Mayor Canfield congratulated the City Finance Department and in particular, Bruce
Atkinson and Cheryl Belter, for receiving an award from the Government Finance
Officers Association for outstanding financial reporting by the City of Rochester.
Mayor Canfield noted that the City has received the award each year since 1968.
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Having no -further business, Councilmembers Hanson moved, Senjem seconded, to
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adjourn the meeting. Ayes (6), Nays (0). Motion carried.
City Clerk