CITY OF ROCHESTER, MINNESOTA City Council MINUTES

Transcription

1 Final CITY OF ROCHESTER, MINNESOTA City Council MINUTES PLEDGE OF ALLEGIANCE A.1. A. OPEN COMMENT PERIOD Open Comment Period The meeting minutes together with the meeting video document the actions taken by the City Council, and what discussion occurred during a meeting. To find the video of this Council meeting, go to: On that page, click on an agenda item for more details, including a link to the video of the discussion of that item. *CLERK'S NOTE: DUE TO AN ISSUE WITH THE ORIGINAL VIDEO RECORDING, THERE ARE NOT TIME STAMPS OR LINKS TO SPECIFIC AGENDA ITEMS WITHIN THE MEETING VIDEO FOR THIS MEETING ONLY. If you need assistance finding information about an item, please contact us. You can the City Clerk s Office at clerkstaff@rochestermn.gov or call OPEN COMMENT PERIOD SPEAKERS Steve Rudzik came forward to speak regarding green space maintenance in parks. He submitted a written statement into the record. Ray Hicks came forward to speak regarding green space maintenance in parks. He submitted a written statement into the record. Paula Hardin came forward to speak regarding DMC funds. She submitted a written statement into the record. Patricia Otte came forward to speak regarding the City s mowing ordinance and maintaining green spaces in parks. At the conclusion of the open comment period, there was Council discussion regarding the Park Board and its decision making processes. Councilmember Bilderback requested a list of the areas within City parks subject to the decision to leave some open spaces in a natural state. Parks Director Paul Widman responded to the Council, and provided information about the ongoing direction of related activities. He also advised residents with questions or concerns are welcome to contact him directly. B. CALL TO ORDER Attendee Name Title Status Arrived

2 Randy Staver Council President Present Nick Campion Councilmember Present Ed Hruska Councilmember Present Mark Bilderback Councilmember Present Michael Wojcik Councilmember Present Mark Hickey Councilmember Present Annalissa Johnson Councilmember Present Ardell F. Brede Mayor Present C.1. C. LETTERS AND PETITIONS Address the Council regarding urgent need for low income housing Jess explained the materials she provided tonight were from a booklet she assembled regarding affordable housing. The interpreter read Jess information and statements regarding her personal story and the need for low income housing in Rochester. D.1. D.2. D.3. D.4. D.5. D.6. D.7. D.8. D. CONSENT AGENDA/ORGANIZATIONAL BUSINESS Annalissa Johnson, Councilmember Approval of Consent Agenda Items Approved items D.1-2, 4, 5, 8-10, 12, 13, 15, 16, 18, 19, Approval of July 5, 2017 Council Meeting Minutes & Video as the Official Record Item Pulled from Consent Item D.3 was moved to D.26 to allow for discussion. DMC Disbursement Agreement Adopted Resolution No approving the State 2018 Fiscal Year Disbursement Agreement with the DMC Development Program. UMR Sales Tax Transaction Approved the University of Minnesota Rochester Sales Tax transaction as part of the 2012 Sales Tax Referendum. Item Pulled from Consent Item D.6 was moved to D.27 to allow for discussion. Item Pulled from Consent Item D.7 was moved to D.28 to allow for discussion. Request to call for public hearing on Revenue Bond Issuance for Eastgate Apartments Project Adopted Resolution No approving the request for a public hearing regarding a multifamily housing development for Eastgate Apartment Project with BDKN, LLLP. D.9. Licenses and Permits for July 17, 2017 Approved the recommended actions on the following licenses and permits:

3 Chicken Licenses Recommended Action: Approve the following new applications for chicken licenses, subject to all terms and conditions of Rochester Code of Ordinances Chapter 113A, for a period expiring December 31, Jeff Prussack, th Ave NW Requesting 3 hens. Laura Haapala-Peterson, th Street NW Requesting 3 hens. Buffie Dukart, 6204 S. Pointe Dr. SW Requesting 9 hens - letter on file documenting educational purpose for greater than 3 hens. Jeremy Meyer, th St. SW Requesting 12 hens - letter on file documenting educational purpose for greater than 3 hens. HVAC License Recommended Action: Approve granting a new Heating, Ventilating & Air Conditioning Contractor's License, subject to all terms and conditions of Rochester Code of Ordinances Chapter 53, for a period expiring Dec. 31, New Century Systems, th Ave N Suite B, Corcoran, MN Master Installer's License Recommended Action: Approve granting new Heating, Ventilating & Air Conditioning Master Installer's Licenses, subject to all terms and conditions of Rochester Code of Ordinances Chapter 53, for a period expiring Dec. 31, Steve Kidrowski, 5017 W 98th Street, Bloomington, MN Timothy Mullaney, st Ave N, Maple Grove, MN Massage Therapists Recommended Action: Approve granting a new Massage Therapist License, subject to all terms and conditions of Rochester Code of Ordinances Chapter 115A, for a period expiring Dec. 31, Lian Wang, 39 Park Drive, Eyota, MN Signs Recommended Action: Approve granting a license to erect and maintain signs, subject to all terms and conditions of Rochester Code of Ordinances Chapter 116, for a period expiring Dec. 31, Mathey Sign and Design Inc., 831 Coon Rapids Blvd NW, Coon Rapids, MN D.10. Special Events for July 17, 2017

4 D.11. Approved the following special event permits: Special Events O & B Shoes Sidewalk Sale, 19 First Ave SW July 20-July 22, 2017 from 7am-8pm Rochester Irish Fest, th St SW Sept 2, 2017 from 10am-10pm Item Pulled from Consent Item D.11 was moved to D.29 to allow for discussion. D.12. Accounts Payable for July 17, 2017 Approved Accounts Payable in the amount of $6,300, and Investment Purchases in the amount of $25,176, D.13. D.14. D.15. D.16. D.17. D.18. D.19. D.20. D.21. D.22. Motor Operator Appointment - Rochester Fire Department Approved Chad Kuntz for Fire Department Motor Operator Appointment effective August 3, Item Pulled from Consent Item D.14 was moved to D.30 to allow for discussion. Statewide Health Improvement Program Grant - Olmsted County Public Health Adopted Resolution No approving acceptance of a Statewide Health Improvement Program (SHIP) grant in the amount of $7,540 from the Minnesota Department of Health with Olmsted County Public Health Department to provide funding to the Rochester Police Department in order to implement a Bicycle Patrol Unit. Parking Rate Study Adopted Resolution No approving a contract in the amount of $35,000 with Walker Parking Consultants to conduct a Parking Rate Study. Item Pulled from Consent Item D.17 was moved to D.31 to allow for discussion. Revocable Permit Lot 14, Block 1, Golf View Estates 3rd Subdivision Fence within Drainage Easement Adopted Resolution No approving a Revocable Permit and Agreement with Richard Bram and LuAnn Sifford to allow a placement of a fence within the 10 foot public drainage easement located at 5024 Nicklaus Drive NW. Public Works GIS Technician Position Adopted Resolution No approving a Public Works GIS Technician Position. Item Pulled from Consent Item D.20 was moved to D.32 to allow for discussion. Award of Contract: J6702 Culvert Replacement on Wilder Road NW Adopted Resolution No awarding the Contract for Project No. J6702, "Culvert Replacement on Wilder Road NW" to Kats Company in the amount of $26,686. Property Acquisition th Avenue NE (J-6700)

5 D.23. D.24. D.25. Adopted Resolution No approving the Property Acquisition of th Avenue NE from Jordan and Kayla Helgeson. Crane Access Agreement with Post-Bulletin Co., LLC Adopted Resolution No approved the Crane Access Agreement with Post Bulletin Co. LLC for occasional use of the air space by a tower crane needed for the construction of Rochester Parking Ramp #6. (Project No. J2582) Authorize Bids/ Parking Control Equipment Approved advertising for bids for the furnishing and installation of Parking Access Revenue Control equipment for Parking Ramp #6 and the Third Street Parking Ramp. Authorization to prepare City Administrator Employment Agreement Approved authorizing a staff team comprised of the HR Director, City Attorney and the Interim City Administrator to prepare and negotiate an employment agreement, including wage and benefits, with the selected City Administrator candidate, for subsequent approval by the City Council.. PULLED FROM CONSENT 26. Appointment to Energy Commission Item D.3 was pulled from the consent agenda to allow for discussion. Councilmember Wojcik commented on his support for this appointment, as well as the need for greater diversity in the membership of this commission in the future. Councilmember Hickey asked about the application materials included with the packet, and was informed the public packet includes only application information that is public information. Mayor Brede commented on the applicant pool for this position. Approved appointment of Dave Reichert to fill the unexpired term of Brett Gordon, expiring Dec. 31, Mark Bilderback, Councilmember 27. Bicycles On Downtown Sidewalks - Enforcement Item D.6 was pulled from the consent agenda to allow for discussion. Councilmember Wojcik asked to see a map of the area, which staff displayed. Councilmember Wojcik moved, Campion seconded, to approve this item with the additional direction to staff to put in temporary protected bikeways until permanent ones can be installed. Public Works Director Richard Freese noted there are not resources, in the way of staff time, to meet that direction at this time.

6 Councilmember Campion moved, Wojcik seconded, to amend the motion to remove the additional item. Adopted upon a voice vote Councilmember Wojcik commented on the need for more input from the Pedestrian and Bicycle Advisory Commission on these sorts of issues. Mr. Freese responded. The motion as amended was adopted upon a voice vote to authorize the Public Works Department to install signage and/or decals to advise people that riding bicycles on downtown sidewalks is prohibited, to authorize future enforcement by the Police Department, and to approve directing the City Attorney to prepare an ordinance amending the Rochester Code of Ordinances Section for first reading. Under H.1, the ordinance was given its first reading. By unanimous consent, the Council suspended the rules to allow a second reading and adoption of the ordinance. 28. Cradle to Career Funding Item D.7 was pulled from the consent agenda to allow for discussion. Councilmember Wojcik commented on this item and noted he wants to see a focus on results. Councilmember Campion requested at least a quarterly read out on progress. Adopted Resolution No approving allocating $2,000 from the 2017 Contingency Account to the Cradle to Career initiative contingent on the execution of the contract for services agreement attached to the Request for Council Action. 29. Application for On-Sale and Sunday Intoxicating Liquor License for Iladane LLC, dba Old Abe Item D.11 was pulled from the consent agenda to allow for discussion. President Staver asked about parking at the location, and stated desire to remove the word outside from the action requested to clarify any additional seating would require a change in the land use approvals currently in place. Planning Staff Mark Engel responded. Councilmember Hruska commented.

7 Councilmember Wojcik commented. Councilmember Wojcik moved, Campion seconded, to approve the liquor licenses. Councilmember Bilderback asked about the license application and changes from when an earlier license was approved in February. City Clerk Anissa Hollingshead responded. Councilmember Campion moved, Wojcik seconded, to amend the motion to include the language recommended by the City Clerk in the staff report. Councilmember Bilderback asked about applicant s understanding of the condition. Ms. Hollingshead responded. The amendment was adopted by a voice vote. The motion as amended was adopted to approve the on-sale and Sunday Intoxicating Liquor Licenses for Iladane, LLC, dba as Old Abe, located at th Street NW, subject to the requirement that any additional outside seating shall only be allowed with the appropriate land use approvals in place. ADOPTED [6 TO 1] Campion, Hruska, Bilderback, Wojcik, Hickey, Johnson NAYS: Staver 30. MCC Convention Center Expansion - Percent for Art Adjustment Item D.14 was pulled from the consent agenda to allow for discussion. Councilmember Wojcik asked for more information about the on site installation budget in this request. Civic Center Director Donna Drews responded. Adopted Resolution No approving the Mayo Civic Center Convention Center Expansion Percent for Art Budget in the amount of $55, Revocable Permit Chateau Circle, LLC Landscaping in Drainage and/or Utility Easements Item D.17 was pulled from the consent agenda to allow for discussion. Councilmember Campion asked about the plan shown in the packet. Planning Staff Mark Engel responded. City Attorney Adkins also responded regarding the nature of the revocable permit as it relates to the locations of landscaping. Councilmember Campion asked if the plat included in this application dated October of 2016 is the latest version of the plan. Freese stated it was their

8 understanding that they were to install it as depicted on the document entitled Exhibit A, and that is the intent of Public Works in bringing this forward. Councilmember Campion says there s a version of this where the transformer on the north side is screened, and that is part of the ordinance. This document does not reflect that, and he is concerned that this is an old document. Councilmember Campion moved, Wojcik seconded, to table this item to allow staff to determine whether the included map is the most up to date version. Approved by voice vote, Under Tabled Items, Councilmember Campion moved, Bilderback seconded, to remove the item from the table. Approved by voice vote, Staff noted a modified landscape plan from June 9 does include a modification around the transformer. Councilmember Campion moved, Bilderback seconded, to approve the item with the approved site plan instead of the attached exhibit A. Adopted Resolution No approving the Revocable Permit and Agreement with Chateau Circle, LLC for placement of landscaping in public drainage and/or utility easements located on Lot 4, Block 1, Chateau Circle 2nd. ADOPTED AS AMENDED [UNANIMOUS] Mark Bilderback, Councilmember 32. Professional Services Agreement for Public Art Component of Parking Ramp #6 J2582 Item D.20 was pulled from the consent agenda to allow for discussion. Councilmember Hickey commented relating to the amount being requested now to come up with an idea, with the overall cost of any work to be still to be determined. Public Works Director Richard Freese responded with information about the amount being allocated for this work overall and spoke to how the artist was identified. Mr. Hickey expressed a preference for taking proposals through an RFP process. President Staver commented on the amount for design work. Councilmember Hruska asked why this work was being sought as part of the development of this ramp in particular. Mr. Freese responded. Councilmember Wojcik commented in support of this work. Councilmember Hickey commented in support of giving local artists an opportunity to compete. President Staver commented.

9 Councilmember Wojcik moved, Campion seconded, to approve the recommended action. Councilmember Campion asked if staff has the capacity to manage an RFP process. Mr. Freese responded. Councilmember Bilderback asked whether action had to be taken at this meeting to meet any required timelines. Mr. Freese responded. Councilmember Bilderback moved, Campion seconded, to table the item. The item was tabled with a pending motion to approve the recommended action. TABLED [UNANIMOUS] Mark Bilderback, Councilmember E. REPORTS AND RECOMMENDATIONS F. HEARINGS. Public Hearing Guidelines F.1. Health Care and Housing Revenue Refunding Bonds - Samaritan Bethany President Staver opened the public hearing. There being no one to speak, the public hearing was closed. Adopted Resolution No approving the issuance of Health Care and Housing Revenue Refunding Bonds relating to the Samaritan Bethany, Inc. Project. ABSENT: Mark Bilderback, Councilmember Staver, Hruska, Bilderback, Wojcik, Hickey, Johnson Campion F.2. City Initiated Annexation to Annex by Ordinance & Orderly Annexation, of Acres of ROW at the intersection of CSAH 22 (West Circle Drive NW) and Valleyhigh Road NW. President Staver opened the public hearing. F.3. No one wished to be heard. CONTINUED [UNANIMOUS] Next: 12/4/2017 7:00 PM Ed Hruska, Councilmember Mark Hickey, Councilmember Staver, Hruska, Bilderback, Wojcik, Hickey, Johnson ABSENT: Campion Floodplain Ordinance Amendment

10 President Staver opened the public hearing. There being no one to speak, the public hearing was closed. F.4. Approved the Floodplain Ordinance Amendment and instructed the City Attorney to prepare the required Ordinance for adoption. Mark Bilderback, Councilmember Preliminary Plat #R PLAT to be known as Century Valley Subdivision. The plat proposes to subdivide acres into 30 lots for residential development and 1 outlot. The plat also proposes a 6.23 acre park, and includes a request for a substantial land alteration for a portion of the site. President Staver opened the public hearing. On behalf of the applicant, Bill Anderson with SEH came forward, and stated agreement with all conditions. Councilmember Hickey asked for clarifications he sought after attending neighborhood meetings about how water will go through the backyards of surrounding properties. Mr. Anderson responded. Lisa Reichs came forward to speak about the water issues, showing pictures of her property and the area in question. Councilmember Wojcik asked staff about the potential and responsibility for mitigating water issues. Public Works Director Richard Freese responded. Councilmember Campion commented regarding the criteria before the Council tonight for its decision. Rodney Reichs came forward to comment regarding what he perceives as a misunderstanding with regard to what was altered and what wasn t. Councilmember Campion commented. Councilmember Wojcik commented. Nanette Dorman came forward, stating she lives next to the Reichs, and asked why developers aren't held to task on requirements. Councilmember Hickey asked what s the minimum standard that this drainage plan is expected to adhere to and how do we evaluate that? Mr. Freese responded. Darwin Dorwin, came forward to state the developer should take the berm out. Colleen Spillers came forward to ask if any of these new houses would be

11 affordable, and who will be maintaining this park. Councilmember Hruska asked if meetings being run under Robert s Rules. City Attorney Terry Adkins responded. Councilmember Johnson asked to see the resident's photo again, in order to see where the berm is on the developer s property. Mr. Anderson came forward again on behalf of the developer to answer questions from the council. Councilmember Wojcik asked staff a question about requirements council can put on the plat, and whether it is accurate that the developer is in compliance if he does not make the situation worse. Mr. Freese responded. Mr. Freese asked Mr. Anderson if they have an approved grading plan. Mr. Anderson stated it is under review now, and Mr. Freese clarified these issues need to be resolved before a final plat is approved, but not a preliminary plat. President Staver asked about modifying condition 3 to require developer to work with adjoining property owners to mitigate. Mr. Adkins and Mr. Freese responded. There being no one further to speak, President Staver closed the public hearing. Councilmember Hruska moved, Wojcik seconded, approval of the preliminary plat with 7 conditions. Adopted upon a voice vote Councilmember Campion moved, Hickey seconded, approval of the substantial land alteration. Adopted upon a voice vote Adopted Resolution No approving Conditional Use Permit #R PLAT Substantial Land Alteration and adopting findings as outlined in the resolution. Approved, subject to the seven conditions of approval recommended by the Planning and Zoning Commission, Land Subdivision Permit (Preliminary Plat) #R to subdivide acres for residential development to be known as Century Valley Subdivision by Bella Terra, LLC located east of East Circle Drive NE and north of Silver Creek Road NE.

12 F.5. Ed Hruska, Councilmember City Council Initiated Text Amendment #R TA City LDM to Establish the DMC-Parking Overlay Zone on All Properties Within the Boundary of the Destination Medical Center Area and Rezone Properties Presently in the Downtown Parking Overlay Zone (DPOZ) to the DMC-Parking Overlay Zone. President Staver opened the public hearing. Bob Tremaine came forward to ask for an explanation for what this means for existing properties. Planning Staff Mark Engel responded. Paul Burchim asked what this will mean in the future, and whether it will be changing the zoning. Mr. Engel responded. There being no one else to speak, President Staver closed the public hearing. F.6. Approved Council initiated Text Amendment #R to establish the Destination Medical Center Parking Overlay Zone and instructed the City Attorney to prepare the required Ordinance for adoption. ABSENT: Mark Bilderback, Councilmember Staver, Campion, Hruska, Bilderback, Wojcik, Hickey Johnson Establishment of Development District #60 and TIF Plan #60-1 for Eastgate Apartments President Staver opened the public hearing. There being no one to speak, the public hearing was closed. F.7. Adopted Resolution No establishing the Development District #60 and Tax Increment Financing District Plan #60-1 for Eastgate Apartments by BDKN, LLP located at 1201 Eastgate Drive SE. Request to Establish Development District # 61 and Tax Increment Financing District # 61-1 by Residences at Discovery Square, LLC President Staver opened the public hearing. Craig Kettle came forward to speak, and asked if all of the residents were given 90 days notice to move, and whether this item could be delayed until inclusionary zoning requirements are in place.

13 Development Director Terry Spaeth and President Staver explained the subject before the Council tonight, as the project has already been approved, and tonight s action is related to their financing. Jess came forward to speak against the request to establish development district #61. An Oxford representative came forward to speak. He stated they have signed 60 day/either way agreement with all tenants except one. Councilmember Wojcik commented, and asked if any relocation assistance was being offered, and if that assistance could be added to the TIF agreement. Councilmember Bilderback asked about ADA requirements, and other questions about the project. Councilmember Campion asked about the differences in the amounts for the request, and confirmed the agreement with the lower TIF amount to be reimbursed. Interim City Administrator Gary Neumann commented on City efforts on affordable housing over three decades. There being no one else to speak, President Staver closed the public hearing. Adopted Resolution No establishing Development District #61 and Tax Increment Financing District #60-1 by Residences at Discovery Square, LLC located north of 6th Street SW, between 3rd and 4th Avenue SW. ADOPTED [6 TO 1] Mark Bilderback, Councilmember Staver, Hruska, Bilderback, Wojcik, Hickey, Johnson NAYS: Campion G. COUNCIL-INITIATED ACTIONS H.1. H. RESOLUTIONS AND ORDINANCES H1 - First Reading: An Ordinance Amending and Re-Enacting Section of the Rochester Code of Ordinances, Relating to Restrictions on the Riding of Bicycles was given a first reading. By unanimous consent, the Council agreed to suspend the rules to allow for adoption of the ordinance at this meeting. Councilmember Campion moved, Johnson seconded, to adopt Ordinance 4315 Amending and Re-Enacting Section of the Rochester Code of Ordinances, Relating to Restrictions on the Riding of Bicycles.

14 An Ordinance Creating and Enacting Sections , , , , , , , , and of the Rochester Code of Ordinances, Relating to Floodplain Regulations was given a first reading. H.2. H2 (a) - Second Reading: Rezone Approximately 6.42 Acres From R-1 to R-2 Zoning District Ordinance 4314 Rezoning Approximately 6.42 Acres of Land from the R-1 Zoning District to the R-2 Zoning 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 and adopted. H.3. Mark Hickey, Councilmember H2 (b) - Second Reading: Establishment of Olmsted Medical Center Special District Ordinance 4309 Creating and Enacting Chapter 64AA, and Amending and Reenacting Section of the Rochester Code of Ordinances, Relating to the Establishment of the Olmsted Medical Center Special District, was given a second reading and adopted. Ed Hruska, Councilmember I.1. I. TABLED ITEMS Contribution Agreement - Mayo Clinic Under Tabled Items, the Council took up item D.17(31) for adoption. Councilmember Campion moved, Bilderback seconded, to remove the item from the table. Approved by voice vote Adopted Resolution No approving the Contribution Agreement with Mayo Clinic for property described as Lot 1, Block 1, Herman House Addition. ADOPTED [5 TO 2] Ed Hruska, Councilmember Staver, Hruska, Bilderback, Hickey, Johnson NAYS: Campion, Wojcik J. OTHER BUSINESS Councilmember Wojcik moved, Campion seconded, to recess the meeting at 10:21 p.m. Approved by voice vote, President Staver reconvened the Council meeting at 10:24 p.m.

15 Councilmember Wojcik moved, Campion seconded, to adopt Resolutions and approving the actions of the Economic Development Authority. Adopted by voice vote, K. ADJOURN The meeting was recessed until July 24, 2017, at 3:30 p.m. in room 104 of City Hall. Anissa N. Hollingshead, City Clerk