HomeMy WebLinkAbout02-07-20005780
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 — February 7, 2000
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. Absent: Walter Stobaugh.
Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 078-00
referring petitions for "Roadway Improvements to 50'h Avenue N.W. for the Ripley
Property." and Resolution No. 079-00 for "Roadway Improvements to 501h Avenue
N.W. for the Graves Property." to the Public Works Department for feasibility
studies. Ayes (6), Nays (0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to approve the following
consent agenda items.
Approved the minutes of the January 19, 2000, meeting.
Adopted Resolution No. 080-00 approving the terms of the department heads' meet
and confer agreement for their 2000 compensation.
Approved the transfer of $6,500 from the 2000 Contingency Account to YEP for
their Summer Youth Employment Program.
Approved the transfer of $10,000 from the 2000 Contingency Account to the
Rochester Community and Technical College Foundation for the 2000 Summer
Youth Program.
Adopted Resolution No. 081-00 setting a public hearing on March 6, 2000 for
Exempt Facility Bonds for the Airborne Express Project at the Rochester
International Airport.
Adopted Resolution No. 082-00 authorizing the Mayor and City Clerk to execute the
Settlement Agreement with Western Digital Corporation.
President Hunziker thanked Western Digital for coming to Rochester and providing
the community support that they have over the past several years.
Adopted Resolution No. 083-00 setting a public hearing on March 20, 2000 to
consider the establishment of a Tax Increment Financing District on the
Weatherstone Townhomes Project.
See at end of D Items.
Approved the request of PossAbilities of Southern Minnesota to hold a skyway golf
tournament on February 26, 2000.
Adopted Resolution No. 084-00 approving the General Consulting Services
Agreement with Airport Consulting Services Groups, Inc., McGhie & Betts, Inc.,
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 — February 7, 2000 5781
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Yaggy Colby Associates, and Architectural Alliance for the Rochester International
Airport over the next several years.
D-11 1 See at end of D Items.
D-12 I Adopted Resolution No. 085-00 approving the execution of the Employment
Agreement and Release concerning City employee Richard William Peterson.
D-13 Adopted Resolution No. 086-00 approving the lease with Olmsted County of
approximately 421 square feet of space in the basement level of Campus Building
#6 for the Building and Safety Department.
D-14 I Approved the following licenses and miscellaneous activities:
Gambling — Premise Permit Renewal
Eagles Aerie #2228
Dover Fire Relief Association at Green House Restaurant
Gamblinq — Temporary Raffles
Children's Dance Theatre — John Marshall High School — March 19, 2000
(waiver of 30 day waiting period)
Hiawatha Chapter — National Wild Turkey Federation — Radisson Hotel
Centerplace — March 24, 2000
American Association of University Women — Kahler Grand Hotel — April 30,
2000
Aldrich Memorial Nursery School — May 6, 2000
Community Youth Mentorship Program — Rochester Golf & Country Club —
March 11, 2000 ((waiver of 30 day waiting period)
Heating Contractor
Joe Wrobleski Construction, Rochester
Master Installer
Joe Wrobleski, Rochester
Michael Blaskowski, St. Cloud
David Berdan, St. Cloud
Miscellaneous Street Use
National Multiple Sclerosis society — fundraiser Walk — April 9, 2000
Med-City Marathon & Conoco Kids Classic — Road Race — May 28,2000
Epilepsy Foundation of Minnesota — Annual Walk — June 3, 2000
D-15 Approved Accounts Payable in the amount of $2,628,447.86.
D-16 Adopted Resolution No. 087-00 approving an increase in the mileage
reimbursement rate from 31 cents per mile to 32 cents per mile.
D-17 I Acknowledged the retirement of Police Captain Richard Dale and the promotion of
the following individuals:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5782 Regular Meeting No. 3 — February 7, 2000
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Lieutenant Brian Winters to the position of Police Captain
Sergeant Kenneth Reed to the position of Police Lieutenant
Police Officer John Laivell to the position of Police Sergeant
Approved amending Ordinance 3304 regarding the annexation by Ordinance
Petition #99-23 by Western Walls, Inc. to correct the legal description of the public
right-of-way as requested by the Minnesota Planning Office and instructed the City
Attorney to prepare the required ordinance for adoption. Council was requested to
suspend the rules and give the ordinance a second reading.
Adopted Resolution No. 088-00 amending the development agreement with Jerry
Schultz and Randy Reynolds for Southern Woods Development Final Plat to
include a requirement for the payment of Water Availability Charges at the time of
platting each Southern Woods Subdivision and to delete the requirement for the
payment of Airport Water Tower assessments.
Adopted Resolution No. 089-00 approving the execution of the Development
Agreement with Dakota of Rochester for the White Oaks 4th Subdivision.
Accepted from the IBM Corporation/Ryan Companies a parcel of land proposed to
be used as part of a roadway network adjacent to 37th Street N.W.
Approved amending Chapter 74 of the Rochester Code of Ordinances changing the
responsible department for property addressing to the Rochester Olmsted
Consolidated Planning Department and instructed the City Attorney to prepare the
required ordinance for adoption.
Approved an ordinance amending street names within Southern Woods First and
Second Subdivisions from Southern Woods Place to Southern Wood Circle and
instructed the City Attorney to prepare the required ordinance for adoption.
Adopted Resolution No. 090-00 approving the execution of the documents for the
recording of the covenants and restrictions required for the Board of Soil and Water
Resources Wetlands Banking Project at 601h Avenue and Highway 14 West.
Adopted Resolution No. 091-00 authorizing staff to acquire the needed land rights
for the 415t Street N.W. and West.Frontage Road improvements.
Adopted Resolution Nos. 092-00, 093-00, and 094-00 accepting the feasibility
report for Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose
Avenue and Harbor Parkway in Rose Harbor" and setting a project hearing and
assessment hearing for March 20, 2000.
Adopted Resolution No. 095-00 ordering and accepting the feasibility report on
Project No. 6207-4-00 (J-9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W,
west approximately 1250 feet', setting a project hearing for March 20, 2000 and
Resolution No. 096-00 authorizing the execution of an engineering services
agreement with McGhie & Betts to provide design services for $19,800.00.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 — February 7, 2000 5783
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D-28 Adopted Resolution No. 097-00 setting a public hearing on March 6, 2000, to
consider expansion of Residential Permit Parking Zone #8 (Kutzky's Addition) on
Second Street N.W. on both sides from 7th Avenue to 8th Avenue N.W. between the
hours of 7:00 A.M. to 5:00 P.M., Monday through Friday.
D-29 Approved awarding a contract to Orion Bus Industrial for the purchase of two buses
at a cost of $210,000 per unit pending approval of the bid from the FTA and
granting of a waiver from the Minnesota Department of Transportation/Division of
Motor Carrier.
D-30 Adopted Resolution No. 098-00 approving a lease agreement between the City of
Rochester and the Rochester Airport Company for land at the Rochester Airport for
the Water Reclamation Plan's application of biosolids program for a lease price in
the year 2000 of $102,576.00.
D-31 Adopted Resolution No. 099-00 approving a contract between the City of Rochester
and Agronomy Services Plus, Inc. to continue consulting services through
December 31, 2000.
D-32 Approved the appointment of George Wilson to the Housing and Redevelopment
Authority to fill the unexpired term of Michael Gerber running to December 31,
2001.
D-33 Adopted Resolution No. 100-00 giving a six-month notice to the Mayo Foundation
of the City of Rochester's intent to reduce the number of leased stalls by one level
at the Third Street Parking Ramp effective August 1, 2000.
Ayes (6), Nays (0). Motion carried.
D-8 Terry Adkins, City Attorney, stated that the action of the Council on December 20,
1999, extending the exclusive negotiation period with GAC TS contained the
following statement that should be included with the extension of the negotiation
that is before the Council at this time. "Be it further resolved that before February
21, 2000, GAT CS must provide the City with a copy of a Letter Of Intent from
Nordstrom. The Letter Of Intent should identify parking and other obligations of the
City to the project. The Letter should be identified by a schedule identifying major
mile -stone dates leading to completion of negotiations with the City."
Councilmembers Marcoux moved, Evans seconded, to adopted Resolution No.
101-00 extending the Exclusive Negotiation Agreement period with GAC TS (Time
Square Project) through February 23, 2000, with the same conditions as approved
at the December 20, 1999, meeting. Ayes (6), Nays (0). Motion carried.
D-11 Councilmember McConnell expressed his displeasure at the proposed rate hike of
4.5 % increase by Rochester Public Utilities Councilmember McConnell said that
he could have supported perhaps 2% but 4.5% is too much all at once.
Councilmembers Hanson moved, Evans seconded, to adopt the following Public
Utilities resolutions:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5784 Regular Meeting No. 3 — February 7, 2000
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Resolution No. 102-00 approving a purchase order agreement with Hendrix for
cable and conductor for $333,382.80.
Resolution No. 103-00 approving a purchase order agreement with Border States
Electric for cable and conductor for $359,923.96.
Resolution No. 104-00 approving a purchase order agreement with RESCO for
cable and conductor for $65,570.17.
Resolution No. 105-00 approving a purchase order agreement with Graybar Electric
for cable and conductor for $56,917.37.
Resolution No. 106-00 approving a purchase order agreement with Grossman
Chevrolet, Inc. for five vehicles for $99,569.52.
Resolution No. 107-00 approving payment of $40,864.00 to the Mayo Foundation
for 8" water main replacement.
Resolution No. 108-00 approving a 4.5% increase in electric rates effective
February 8, 2000.
Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay.
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.
Having no one wishing to be heard , President Hunziker closed the hearing.
Councilmembers Marcoux moved, McConnell seconded to adopt Resolution No.
109-00 approving Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon
Hills Third Subdivision with one condition. Ayes (6), Nays (0). Motion carried.
A Hearing on Type III, Phase II Land Subdivision Permit #99-50 by Leslie Lurkin to
be known as North Park Tenth Subdivision located east of 61 s' Street N.W.,
northwest of Fairway Drive N.W. and north of North Park Fourth and Sixth
Subdivisions.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant,
Leslie Lurkin. Mr. Tointon noted that the subdivision would contain 41 lots on 12
acres of land. He noted their agreement with the four conditions.
Wishing to be heard was Rich Peterson, North Park Resident, expressing his
concern over the possible traffic effects that the Subdivision could cause with the
other neighborhoods in the area. He said that traffic coming down Fairway Drive
was a major concern.
Having no one further wishing to be heard, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 — February 7, 2000 5785
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Councilmembers Hanson moved, Evans seconded to approve Land Subdivision
Permit #99-50 by Leslie Lurkin to be known as North Park Tenth Subdivision with
four conditions and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
E-3 IA Hearing on Type III, Phase I Final Plat #99-33 to be known as White Oaks Fourth
Subdivision located east of 50th Avenue N.W., north of 59th Street N.W.
Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. He said that the fourth subdivision represented the final phase of the
development with the original development started in 1986. He noted that Outlot A
will be dedicated as requested
Having no one further wishing to be heard , President Hunziker closed the hearing
Councilmembers Senjem moved, Marcoux seconded to adopt Resolution No. 110-
00 approving Final Plat #99-33 to be known as White Oaks Fourth Subdivision with
four conditions. Ayes (6), Nays (0). Motion carried.
E-4 A Hearing on Type III, Phase I Final Plat #99-45 to be known as Wedgewood Hills
Third located south of 55th Street N.W., west of 52"d Avenue N.W.
No one wishing to be heard at this time.
Councilmembers Hanson moved, Marcoux seconded to continue the hearing on
Final Plat #99-45 to be known as Wedgewood Hills Third to February 23, 2000.
Ayes (6), Nays (0). Motion carried.
E-5 A Hearing on Annexation Petition #99-27 by Payne Company to annex land located
east of Century Hill Drive N.E., south of Viola Road N.E.
Having no one wishing to be heard , President Hunziker closed the hearing
Councilmembers Evans moved, Hanson seconded to approve Annexation Petition
#99-27 by Payne Company. Ayes (6), Nays (0). Motion carried.
E-6 A Hearing on City Initiated Text Amendment #99-9 to amend Sections 61.148,
62.707 and 62.709 of the Rochester Zoning Ordinance and Land Development
Manual on changes to approved conditional use permits.
Having no one wishing to be heard , President Hunziker closed the hearing
Councilmembers Marcoux moved, McConnell seconded to approve City Initiated
Text Amendment #99-9 to amend Sections 61.148, 62.707 and 62.709 of the
Rochester Zoning Ordinance and Land Development Manual and instructed the
City Attorney to prepare an ordinance for adoption.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5786 Regular Meeting No. 3 — February 7, 2000
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Councilmember Senjem asked about the potential extra cost of extra hearings, etc.
and whether there could be instances where the Council could override previous
decisions.
Terry Adkins, City Attorney, said that what the ordinance is trying to do is make it
clear that when the Council has identified an issue of particular concern about a
project, staff does not have the authority to address that issue without going
through the Council but rather the applicant will need to go back to the Council in
the form of a hearing. If it is not a major issue to the Council, staff maintains the
authority to go ahead and authorize the change without additional hearings.
Ayes (6), Nays (0). Motion carried.
A Hearing to Consider the Issuance of Bonds to Weatherstone Townhomes, LLC,
for a Qualified Residential Rental Project and the Adoption of a Housing Program.
Staff requested that the hearing be continued to February 23, 2000, due to
publication requirements.
Councilmembers moved, seconded, to continue the hearing on Issuance of Bonds
to Weatherstone Townhomes, LLC, for a Qualified Residential Rental Project and
the Adoption of a Housing Program to February 23, 2000. Ayes (7), Nays (0).
Motion carried.
Councilmembers Evans moved, Hanson seconded, to grant a 4% merit increase to
the City Administrator Steve Kvenvold plus personal leave days and adjustment of
salary range of 3%. Ayes (6), Nays (0). Motion carried.
Brent Svenby, Planning Department, stated that the Council asked that the criteria
related to land use along 41s` Street N.W. be relooked at. He noted that there is no
criteria established in the ordinance at this time. He asked if Ordinance 2247
needs to be amended to include criteria for conditional use permits when reviewing
projects for the special Arboretum District.
Terry Adkins, City Attorney, noted that Councilmember McConnell initially raised
the issue of commercial land within the Arboretum Special District. At the
Committee -of -the -Whole meeting Mr. Adkins then asked whether the ordinance
should also be amended to include the guidelines and criteria for future
development projects. He stated that the Planning staff was not sure whether the
consensus reached at the Committee -of -the -Whole included the "McConnell issue"
as well as the "Adkins issue".
Councilmembers Marcoux moved, Senjem seconded, to initiate the process to
amend Ordinance 2247 to include the McConnell issue and the Adkins issue for the
establishment of criteria in the Arboretum Special District. Ayes (6), Nays (0).
Motion carried.
An Ordinance Amending the Provisions of Ordinance No. 3304 Which Provided For
the Annexation To the City of Rochester of Approximately 10.84 Acres of Land
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 — February 7, 2000 5787
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Located In the Rose Harbor Second, Third, and Fourth Subdivisions, Olmsted
County, Minnesota, was given a first reading.
G-2b An Ordinance Amending and Reenacting Sections 74.02 of the Rochester Code of
Ordinances, Relating to the Enforcement of the House Numbering System in the
City of Rochester, was given a first reading.
G-2c An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of
Ordinances, Relating to the Designation of Southern Woods Place Within Southern
Woods First Subdivision as Southern Wood Circle and the Designation of Southern
Way Place Within Southern Woods Second Subdivision As Southern Place, was
given a first reading.
G-2d An Ordinance Annexing to the City of Rochester Approximately 10.93 Acres of
Land Located In a Part of the Southwest Quarter of Section 39, the Southeast
Quarter of the Northeast Quarter of Section 30, and the Northeast Quarter of the
Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted
County, Minnesota, was given a first reading. East of Century Hills Drive N.E.,
South of Viola Road N.E.)
G-2e An Ordinance Amending and Reenacting Sections 61.148, 62.707, and 62.709 of
the Rochester Code of Ordinances, Relating to Staff authorized Changes to Issues
covered By A Development Agreement.
G-3a An Ordinance Amending and Reenacting Subdivision 2 of Section 141.23 of the
Rochester Code of Ordinances, Relating to the City Administrator's authority to
Permit Early Refuse Collection, was given a second reading. Councilmembers
moved, seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion
carried.
I -a Councilmember Senjem noted that he was hopeful that a change by the 2000
Legislature would remove the need for municipalities to pay sales tax to the State.
1 b Councilmembers moved, Hanson seconded, to contact the President of the DM&E
Railroad to request that the Rochester City Council meet with the DM&E Board of
Directors to discuss the status of negotiations between the parties. Ayes (6), Nays
(0). Motion carried.
Having no further business, Councilmembers Hanson moved, Marcoux seconded,
to adjourn the meeting. Ayes (6), Nays (0). Motion carried.
ity Clerk
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF► ROCHESTER, MINNESOTA
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