City Council

City Council Agenda City Council - Regular Session October 21, 2024 6:00 p.m. Attending and Viewing the Meeting: Attend the Meeting in Person: Government Center Council Chamber, 151 4th Street SE View Meeting: Cable TV on Channels 180 or 188 Watch & Listen via Zoom: https://bit.ly/2OGnZYB Telephone in and Listen via Zoom: Call: 1-312-626-6799 Webinar ID: 912 4541 8192 Passcode: 162027 If you have a disability and require a reasonable accommodation to fully participate in the City Council meeting, please contact the City Clerk’s office at least 2 business days before the Council meeting via email (cityclerk@rochestermn.gov) or telephone (507-328-2900) or TTY/TDD (507-328-2900) to discuss your accessibility needs. Pledge of Allegiance Vision, Principles, and Priorities for the City of Rochester A. Open Comment Period View the open comment period guidelines online. A.1. Sign-up In Person 30 Minutes before the meeting. View Open Comment guidelines for additional ways to participate. Virtual participation is not available at this time. B. Call to Order/Roll Call C. City Administrator's Report D. Mayor's Report E. Order of Agenda F. Consent Agenda F.1. Minutes for the City Council Meeting of October 7, 2024 Accepting the minutes and video of the October 7, 2024, meeting as the official record of the City Council. F.2. Appointments to Boards and Commissions Approving the Mayoral appointment of Gabriella Santos to the Sustainability and Resiliency Commission, effective immediately, to fill the unexpired term of J. Zhang ending December 31, 2025. 1 F.3. Parking Restriction Changes in Various Locations for October 21, 2024 Adopting a Resolution amending the Comprehensive Traffic and Parking Resolution Book to amend parking restrictions on various streets as of October 21, 2024. F.4. Accounts Payable for October 21, 2024 Approving the listing of total disbursements for October 21, 2024, in the amount of $25,532,655.60 including investment purchases of $10,258,572.23 and accounts payable of $15,274,083.37. F.5. 2024 Third Quarter Budget Performance Report Receiving and filing the 2024 Third Quarter Budget Performance summary report for the period ending September 30, 2024. F.6. 2024 Third Quarter Investment Performance Report Receiving and filing 2024 Third Quarter Investment Performance Report for the period ending September 30, 2024. F.7. Off-Site Gambling Permit - Rochester Elks Lodge 1091 at Mayo Civic Center Adopting a Resolution authorizing Rochester Elks Lodge 1091 to conduct an off-site gambling event at Mayo Civic Center, located at 30 Civic Center Drive SE, on November 22nd, 2024. F.8. Setting a Public Hearing for the Assessment of Unpaid Special Charges - Weed, Snow, Rubbish and Tree Removal, Secure Property and Property Violation Adopting a Resolution setting a public hearing for November 18, 2024, regarding the assessment of unpaid special charges for Weed, Snow, Rubbish, and Tree Removal, Secure Property, and Property Violation. F.9. Setting a Public Hearing for Certification for Collection with Taxes for Unpaid Administrative Citations for Weed and Snow Removal Adopting a Resolution setting a public hearing for November 18, 2024, regarding the certification for collection with taxes of unpaid administrative citations for weed and snow removal. F.10. Setting a Public Hearing for Unpaid Utility Charges Adopting a Resolution setting a public hearing for November 18, 2024, regarding the assessment of unpaid utility charges. F.11. Appointment of Fire Chief Approving the appointment of Mason Pooler as Chief of the Rochester Fire Department, effective January 6, 2025. F.12. 2025 State Transit Funding Adopting Resolutions approving agreements with the State of Minnesota in the amount of $14,342,100 for the calendar year 2025 for the operation of public transit. F.13. Bid Advertisement - 2024 Various Americans with Disabilities Act Improvements - Cities of the First Class - Project No. J4734 Authorizing the Advertisement for Bids with a bid opening date to be scheduled following final approval of plans by Minnesota Department of Transportation (MnDOT) State Aid Office, for 2024 Various American with Disabilities Act (ADA) Improvements - Cities of the First Class - Project No. J4734 F.14. Bid Advertisement - Rochester Civic Theatre Roof Replacement Authorizing advertisement for bids and conducting a bid opening on November 15, 2024, for the Rochester Civic Theatre Roof Replacements - Project No J3501 2 F.15. Contract Award - Ti-Zack Concrete, LLC for Bus Stop Improvements - Project No. J2092 Adopting a Resolution authorizing the award of a contract to Ti-Zack Concrete, LLC, in the amount of $1,855,380.42, for Bus Stop Improvements - Project No. J2092. F.16. Amendment to the Exclusive Negotiating Rights Agreement with Sherman Associates on the Potential Development of the Civic Center North Surface Parking Lot Adopting a Resolution amending the Exclusive Negotiating Rights Agreement with Sherman Associates by extending the agreement one year. F.17. Rental Car Concession Agreement - Avis Budget Car Rental, LLC Approving the Non-Exclusive Rental Car Concession agreement with Avis Budget Car Rental for the use of leased space and right to operate at RST airport for the term beginning on January 1, 2025 and terminating on December 31, 2027. F.18. Rental Car Concession Agreement - Enterprise Leasing Company of Minnesota, LLC Approving the Non-Exclusive Rental Car Concession agreement with Enterprise Leasing Company of Minnesota, LLC for the use of leased space and right to operate at RST airport for the term beginning on January 1, 2025 and terminating on December 31, 2027. F.19. Woodcrest Addition Subdivision Boulevard Tree Green Facilities Agreement Authorizing the execution of a Boulevard Tree Green Facilities Agreement with Commercial Property Management for the planting of Boulevard Trees within the Woodcrest Addition Subdivision. F.20. Harvest West Subdivision Boulevard Tree Green Facilities Agreement Authorizing execution of a Boulevard Tree Green Facilities Agreement with Bigelow Homes for the planting of Boulevard Trees within the Harvest West Subdivision. F.21. Revocable Permit and Agreement with James P. Reid and Marcia Andresen-Reid - Retaining Wall in Northwood Dr NE Right-of-Way Authorizing a revocable permit and agreement ("the agreement") with James P. Reid and Marcia Andresen-Reid for replacement of a retaining wall within the Northwood Dr NE right-of-way. F.22. Revocable Permit and Agreement with Mayo Clinic - Stoop for Parking Ramp 12 in 1st St NW Right-of-Way Authorizing a revocable permit and agreement ('the agreement") with Mayo Clinic for placement of a stoop within the 1st St NW right-of-way to serve Mayo Clinic's Parking Ramp 12. F.23. Septic System/Sanitary Sewer Utility Connection Agreement with the Estate of Jerris L. Prochazka - 2820 Merrihills Drive SW Authorizing a Septic System/Sanitary Sewer Utility Connection Agreement with the Estate of Jerris L. Prochazka to allow for repair or replacement of the current septic system serving the estate property until the property can be connected to municipal sanitary sewer at a later date. F.24. Development Agreement with CF Development, LLC for Cassidy Farms First Authorizing a development agreement with CF Development, LLC, a Minnesota limited liability company, for a residential subdivision to be known as Cassidy Farms First. 3  F.25. Storm Water Pond Maintenance and Conveyance Agreement with Epic Hosting, LLC Authorizing a stormwater pond maintenance and conveyance agreement with Epic Hosting, LLC that allows the conversion of a private stormwater management facility to a public stormwater management facility to better accommodate downstream stormwater infrastructure. F.26. Design Contract for Regional Sports & Recreation Complex - Project No. J2870 Authorizing a professional services design contract with TSP + Kahler Slater., in the amount of $3,445,400 for design services and the preparation of bid documents for the Regional Sports & Recreation Complex Project - Capital Improvement Project (CIP) No. 2870. F.27. Contract with WHKS for Preliminary Design of the Reconstruction of 2nd Ave SW from 2nd St SW to Center St W - Project No. J7858 Authorizing a contract with WHKS, in the amount of $57,060 from October 22, 2024, to December 30, 2025, for the Preliminary Design of the Reconstruction of 2nd Ave SW from 2nd St SW to Center St W - Project No. J7858 F.28. Contract with WHKS for Preliminary Design of the Reconstruction of 400 Block Center St W, 10 Block of 5th Ave NW, and 400 Block of 1st St NW - Project No. J7857 Authorizing a contract with WHKS, in the amount of $76,510 from October 22, 2024 - December 31, 2025, for Reconstruction of 400 Block Center St W, 10 Block of 5th Ave NW, and 400 Block of 1st St NW - Project No. J7857. F.29. Minnesota Department of Employment and Economic Development Contamination Cleanup Grant Adopting a Resolution authorizing the submittal of a Contamination Cleanup Grant application to the Minnesota Department of Employment and Economic Development (DEED). Public Hearing Guidelines View the public hearing guidelines online. Sign-up In Person 30 Minutes before the meeting. View Public Hearing guidelines for additional ways to participate. Virtual participation is not available at this time. G. Public Hearings G.1. 2025 Master Fee Schedule 1. Approving an Ordinance establishing the 2025 Master Fee Schedule. 2. Directing the City Attorney's office to prepare an Ordinance for the first reading on November 4, 2024. G.2. 2025 Special Service District Service Charges Adopting a Resolution authorizing the imposition of $394,256 in service charges within the Downtown Special Service District for 2025. G.3. Annual Rural Service District Review Adopting a Resolution approving the Community Development proposed changes to the Rural Service District by removing two parcels that no longer meet the required criteria. G.4. Final Plat No. CD2024-028PLAT, by Commercial Property Management, to be known as Woodcrest Addition Adopting a Resolution approving Final Plat No. CD2024-028PLAT, by Commercial Property Management, to be known as Woodcrest Addition, with three conditions, for the subdivision of 3.15 acres into eight residential lots. 4  G.5. Final Plat No. CD2024-029PLAT by Mark Hanson Builders LLC, to be known as Scenic Oaks West Third Adopting a Resolution approving Final Plat No. CD2024-029PLAT, by Mark Hanson Builders LLC, to be known as Scenic Oaks West Third, with one condition, for the subdivision of 60.06 acres into 46 residential lots and three outlots. G.6. Final Plat No. CD2024-030PLAT, by Noble Development LLC, to be known as Highland Hills Townhomes Adopting a Resolution approving Final Plat No. CD2024-030PLAT, by Noble Development LLC, to be known as Highland Hills Townhomes, with one condition, for the subdivision of 1.82 acres into 12 residential lots and one outlot. G.7. Major Land Subdivision No. CD2024-022PLAT, by West 80 Partners, LLC., to be known as Prairie Ridge Adopting a Resolution approving Major Land Subdivision No. CD2024-022PLAT, by West 80 Partners, LLC., to be known as Prairie Ridge, with seven conditions, for the subdivision of 75.04 acres into 51 single-family lots, 250 townhome lots, and three parcels for future multi-family development. G.8. Annexation Petition No. CD2024-004ANX by the City of Rochester 1. Approving Annexation by Ordinance No. CD2024-004ANX, by the City to incorporate approximately 36.84 acres of land into City Limits and; 2. Directing the City Attorney's Office to prepare an Ordinance for First Reading. G.9. Annexation Petition No. CD2024-005ANX by the City of Rochester 1. Approving Annexation by Ordinance No. CD2024-005ANX, by the City to incorporate approximately 49.90 acres of land into the City Limits and; 2. Directing the City Attorney's Office to prepare an Ordinance for First Reading. H. Reports and Recommendations H.1. Objection by Property Owner to the Inclusion of the Property Located at 620 1st Ave SW in the Downtown Special Service District Considering the objection from the owner of the property at 620 1st Ave SW asserting that their property should not be included in the Downtown Special Service District for the January 1, 2025, renewal. H.2. Third Amendment to Declaration of Land Use Restrictive Covenants for Low-Income Housing Credits – Homestead Village Adopting a Resolution approving a Third Amendment to the Declaration of Land Use Restrictive Covenants for Low-Income Housing Credits - Homestead Village. I. Council Initiated Actions J. Ordinance First Readings J.1. Proposed Ordinance Amendments to Rochester Code of Ordinances Chapter 5-23 Relating to the Regulation of Cannabis. Receiving and filing proposed Ordinance amendments to Rochester Code of Ordinances (RCO) "Ch. 5-23. relating to the regulation of Cannabis" and giving them a first reading. J.2. Text Amendment No. CD2024-001TA Medical Overlay District Receiving and filing the First Reading of Text Amendment No. CD2024-001TA by the City, for the amendment of the Unified Development Code to establish a Medical Overlay District and to repeal and replace the Medical Institutional Campus Special District and Support Campus Special District. K. Ordinance Second Readings 5 L. Tabled Items M. Other Business N. Adjournment 6