HomeMy WebLinkAbout02-02-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
5174 Regular Meeting No. 4 - February 2, 1998
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President John Hunziker called the meeting to order at 7:00 P.M. with the
following members present: Councilmembers Mack Evans, Marcia Marcoux,
Jean McConnell, David Senjem and Walter Stobaugh. Absent: Ed Hruska.
Mayor Canfield recognized Don MacGillivray, Public Works Engineer, who will be
retiring after 20 years of service with the City of Rochester. Mayor Canfield
praised his work both with City staff and with the citizens of Rochester.
A Hearing on Vacation Petition #98-2 by the City of Rochester to vacate the
South 25 feet of 3rd Street S.W. lying adjacent to Lot 5, Block 11, Original Plat,
between 1st Avenue S.W. and 2nd Avenue S.W., in conjunction with the planned
parking ramp at 1st Avenue S.W. and 3rd Street S.W.
Councilmembers Evans moved, Stobaugh seconded, to continue the hearing to
the February 18, 1998 meeting. Ayes (6), Nays (0). Motion carried.
A Hearing on General Development Plan #97-127 by South Broadway Partners
LLC located east and northeast of St. Bridget's Road and directly north of 45th
Street S.E.
Councilmembers Marcoux moved, Senjem seconded, to continue the hearing to
the February 18, 1998 meeting. Ayes (6), Nays (0). Motion carried.
A Hearing to Consider the City Assumption of Maintenance Responsibilities for
Private Roads Within the City of Rochester.
Wishing to be heard was Tim Hansen, Attorney, representing the Hampton
Rhodes Homeowners Association. They are requesting the City to take over the
private road. Currently substantial public traffic feeds into Hampton Rhodes to
gain access to the trail to the park. The homeowners are concerned about their
liability in maintaining the private road. They have asked the City to take over
the road subject to the conditions imposed by the City and will enter into
agreements to not object in the future to any special assessments as a result.
The agreements will be recorded and will become a future record should new
owners buy into these properties. The Association would be dissolved at the
time the City takes over the street.
Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson felt
that the City should not grant exceptions to City design standards. If something
would happen, what liability does the City assume.
Wishing to be heard was Robert Broring, 2301 Hampton Rhodes Court N.W.
The homeowners bought into the properties not knowing what City standards
were in relation to the curve. The developer was the one to benefit; the City did
approve the street layout at that time. The homeowners are now suffering
because of the additional insurance costs they have to incur.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 4 - February 2, 1998
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Wishing to be heard was Ron Lebert, 2316 Hampton Rhodes Court N.W. Mr.
Lebert noted that there are three homes facing 26th Street that currently pay
association dues. It will be hard for them to sell their homes.
Wishing to be heard was Bruce Snyder, 4349 Cimarron Court N.W. Mr. Snyder
noted that he knows individuals in this area that were unaware of the covenants
of the private street at the time of the home purchase. Perhaps there is
something in the future, signage, etc. that could be used to inform potential
homeowners.
Councilmember McConnell related his conversation with Roy Sutherland, Park
Director, of their concern with a public access going through private property. He
noted the additional insurance and liability concerns of the residents because of
the public access.
Richard Freese, Public Works Director, noted that there are a number of private
streets around the City. Criteria for determining if and when the City would
consider the taking over of maintenance of private streets can be narrowly
defined; the neighborhoods must look and feel like a single family residential
subdivision.
Dave Rossman, Public Works, noted that at the time Hampton Rhodes was
platted, staff was concerned about the people to the west getting to the
neighborhood park.
Wishing to be heard was Wade Lenz, 2304 Hampton Rhodes Court N.W. Mr.
Lenz asked how can you allow public access and sidewalk through private
property. He noted that he was unaware of the covenant until the time of closing
of his home.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember McConnell moved, Evans seconded, to approve the City
assuming maintenance responsibilities and ownership for Hampton Rhodes Court
N.W. conditional on the six criteria outlined by Public Works. Discussion.
Councilmembers were concerned about notification of the covenants to the
homeowners at the time of purchase and what could be done to make sure that
the process is complete. They were also concerned if a precedent is set; i.e.,
the City assuming ownership and maintenance of private streets and certain
criteria are set, someone will try to get around the criteria.
Ayes (2), Nays (4). Motion failed. Councilmembers Marcoux, Senjem, Stobaugh
and President Hunziker voted nay.
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B-4 A Hearing .on Vacation Petition #98-1 by Piepho Brothers Partnership and Piepho
Family Partnership to vacate the 17 foot wide rail easement located along the
southerly 17 of the north 42 feet of Lots 5, 6, & 7, Block 1, Cascade Industrial
Park.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
075A-98 approving Vacation Petition #98-1 by Piepho Brothers Partnership and
Piepho Family Partnership. Ayes (6), Nays (0). Motion carried.
B-5 A Hearing on Final Plat #98-1 to be known as The Greens CIC 138, Second
Supplemental Plat.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the
Greens of Rochester. This development will contain 28 two -unit townhomes.
Mr. Yockey stated that condition #1 had been worked out with the Public Works
Department; the applicant will do additional work along 50th Avenue in lieu of
this condition. Therefore, this condition should be dropped. The storm sewer in
condition #2 will be able to be provided in the common area; Public Works has
also agreed that this condition could be dropped.
Terry Adkins, City Attorney, asked that condition #1 be replaced with the
following language: "The developer shall enter into a contribution agreement for
$17,143.75 reflecting the proportional cost for the reconstruction of 50th Avenue
N.W. along the frontage of the plat." The applicant agreed to the new language
of condition #1.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
076-98 approving Final Plat #98-1 to be known as The Greens CC 138, Second
Supplemental Plat with the conditions as revised. Ayes (6), Nays (0). Motion
carried.
B-6 A Hearing to consider the levying of the proposed assessments for Sidewalk
Replacement Project No. 5-1996 (J-9372) "13th Avenue N.W. from Cascade
Street to 20th Street; 11th and 12th Avenue N.W. from Elton Hills Drive to 13th
Avenue; 26th, 27th & 29th Street N.W. from 9th Avenue to Zumbro Drive;
Zumbro Drive N.W. from Elton Hills Drive to 4th Avenue".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 077-98 levying the proposed assessments for Sidewalk Replacement Project
No. 5-1996 (J-9372) 13th Avenue N.W. from Cascade Street to 20th Street;
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Regular Meeting No. 4 - February 2, 1998 5177
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11th and 12th Avenue N.W. from Elton Hills Drive to 13th Avenue; 26th, 27th &
29th Street N.W. from 9th Avenue to Zumbro Drive; Zumbro Drive N.W. from
Elton Hills Drive to 4th Avenue". Ayes (6), Nays (0). Motion carried.
B-7 IA Hearing to Consider Local Improvement Project No. 9805 (J-9473) "Extension
of Sanitary Sewer and Watermain in the East Circle Drive N.E. Right of Way
From 200 Feet West of Alberta Drive N.E. to 16th Avenue N.E. and in 16th
Avenue N.E. from East Circle Drive to 35th Street N.E.".
Wishing to be heard was Jim McGovern, 3315 16th Avenue N.E. Mr. McGovern
was opposed to the project stating that he bought his property as a urban setting
and did not think that the sewer and watermain project should be brought to this
area. He noted that it his house sits in the middle of his property and the land is
a continuous slope making it impossible to divide his property in the event he
would have to. He noted that it would cost him $24,000 for the improvement.
Richard Freese, Public Works Director, noted that this area is in the urban
service area and will be served in the foreseeable future. He noted that the City
has received a petition from one owner in the area for City sewer and water
service.
Wishing to be heard was Stephanie Pearson, 2420 Crystal Bay S. W., petitioner
for the project. When she purchased the property on 16th Avenue N.E., there
was a zero lien on the property noting that it was subject to City sewer and
water. Based on that information she submitted to the City the petition for sewer
and water to "speed up the inevitable".
Wishing to be heard was Ken Patterson, 3414 16th Avenue N.E. He lives at the
top of the hill on 16th Avenue on the east side, the project goes up to 35th Street
and stops. He does not want the service or the assessments. He feels that he
is being forced into accepting or moving.
Wishing to be heard was Morris Hovel, 3615 16th Avenue N.E. Mr. Hovel noted
that he lives in Cascade Township and is opposed to the project.
Wishing to be heard was Cyrus Pearson, 2420 Crystal Bay S.W. Mr. Pearson is
the petitioner; he asked about alternative routes for bringing the sewer/water into
the area.
Wishing to be heard was Earl Freshwater, 3527 16th Avenue N.E.. Mr.
Freshwater noted that prior to building his home he asked about future plans for
sewer/water into this area. He was told there were no plans for the immediate
future. Mr. Freshwater just spent $23,000 for sewer and well and is not looking
forward to an assessment to hook up to the City.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
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Councilmembers Evans moved, McConnell seconded, to table action on local
improvement Project No. 9805 (J-9473) "Extension of Sanitary Sewer and
Watermain in the East Circle Drive N.E. Right of Way From 200 Feet West of
Alberta Drive N.E. to 16th Avenue N.E. and in 16th Avenue N.E. from East Circle
Drive to 35th Street N.E." to February 18, 1998 Ayes (6), Nays (0). Motion
carried.
A Hearing to Consider Local Improvement Project No. 6225-3-97 (J-9464)
"Extension of Sanitary Sewer and Watermain in 25th Street S.W. from Meadow
Hills Drive S.W. to the West".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 078-98 ordering local improvement Project No. 6225-3-97 (J-9464)
"Extension of Sanitary Sewer and Watermain in 25th Street S.W. from Meadow
Hills Drive S.W. to the West". Ayes (6), Nays (0). Motion carried.
Councilmembers Evans moved, McConnell seconded, to approve the following
consent agenda items.
See at end of C items.
Approval of Accounts Payable in the amount of $891,438.75.
See at end of C items.
Adopt Resolution No. 078A-98 approving a wage adjustments of 2.75% for non-
exempt employees not included in any labor contracts for the 1998 year effective
January 1, 1998.
Approval of the appointment of David K. Worstman to the position of Firefighter
in the Rochester Fire Department.
Approval of the appointment of Michael J. Bjoraker to the position of Firefighter in
the Rochester Fire Department.
Approval of the appointment of Christopher L. Bailey to the position of Firefighter
in the Rochester Fire Department.
Approval of the appointment of Darrin J. Giesler to the position of Firefighter in
the Rochester Fire Department.
Approval of the appointment of Jeffrey W. Berning to the position of Firefighter in
the Rochester Fire Department.
Accepted the donation of $500 from the Rochester V.F. W. Post 1215 for the
purpose of assisting the Rochester Police Honor Guard clothe and equip their
unit.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 4 - February 2, 1998 5179
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C-11 Adopt Resolution No. 079-98 ordering the feasibility report and Resolution No.
080-98 receiving the feasibility report and scheduling a public hearing for March
2, 1998 at 7:00 P.M. for Local Improvement Project No. 6301 1/2 -3-98 (J-9476)
"Reconstruct Alley in 300 Block Between 1 st Avenue S.W. and 2nd Avenue
S.W.".
C-12 Adopt Resolution No. 081-98 declaring the costs to be assessed and ordering
preparation of the assessment roll and Resolution No. 082-98 ordering a hearing
assessment on March 2, 1998 at 7:00 P.M. for Local Improvement Project No.
6301 1/2 -3-98 (J-9476) "Reconstruct Alley in 300 Block Between 1st Avenue
S.W. and 2nd Avenue S.W.".
C-13 Adopt Resolution No. 083-98 approving the contract with Agronomy Services
Plus, Incorporated with the Water Reclamation Plant to provide consulting
services in proper land management of biosolids from the Water Reclamation
Plant for the period ending December 31, 1998.
Ayes (6), Nays (0). Motion carried.
C-1 Councilmember Stobaugh asked about an extra paragraph in item E-2 of the
January 21, 1998 meeting (Old City Hall). It was explained that it was a
typographical error and should have been omitted.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt the minutes of
the January 21, 1998 meeting as amended. Ayes (6), Nays (0). Motion carried.
C-3 ICouncilmembers asked that the approval for the Firepup Program be tabled for
further information.
Councilmembers Stobaugh moved, Marcoux seconded, to table the item for
further discussion. Ayes (6), Nays (0). Motion carried.
Wishing to be heard was Lyle Felsch, Deputy Fire Chief, available for questions
if the Council wished any answered at this time.
Councilmember McConnell left the meeting at 9:10 P.M.
D-1 Wishing to be heard was Franklin lossi, Chair, Board of Directors of the
Rochester Chamber of Commerce. Mr. lossi was present to convey the
Chamber's support for the sales tax extension. He noted their concern that fiscal
constraints limit the greater Rochester area from making capital investments to
keep pace with today's business and economic climate. Mr. lossi also spoke to
the difference in perspectives between persons in Rochester and persons in
outlying areas.
E-1 A letter from Ken Moen, representing Wayne and Beverly Thede and Jerry
Nelson, asked the Council to delay adopting Findings of Fact, Conclusions of
Law, and Order prepared by the City Attorney to deny Land Use Plan #97-5 and
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Zone Change #97-16 until further information has been obtained and presented.
Mr. Moen noted that the applicants would like time to meet with the
neighborhood to attempt to resolve a negotiation.
Councilmembers Marcoux moved, Senjem seconded, to table the adoption of the
Findings of Fact for Lane Use Plan #97-5 and Zone Change #97-16 per the
request of the developers. Ayes (5), Nays (0). Motion carried.
The item for supporting the DMBE Railroad expansion project across the states
of Minnesota and South Dakota to access coal fields in Wyoming was withdrawn
at the request of the staff.
Councilmembers discussed the feasibility of asking the owner of the Castle Court
Mobile Home Park to put in a storm shelter with an eight -foot below grade area
or whether to require a four -foot below grade area. There are currently split -
foyer homes with only four -foot areas and townhomes with no basements and
apartments with no shelters. They also noted that this park has been in
existence for forty years.
Councilmembers Senjem moved, Stobaugh seconded, to inform the owner of the
Castle Court Mobile Home Park that what currently exists for a storm shelter in
the form of a split -foyer structure is not acceptable and a shelter constructed
along the lines of a fully below -grade basement is what is needed. Ayes (5),
Nays (0). Motion carried.
The item of a revokable permit was withdrawn at the request of the staff and will
be brought back at the February 18, 1998 meeting.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
084-98 authorizing the soliciting of bids for the construction of the Third Street
Parking Ramp and Resolution No. 085-98 approving an amendment to the AGA
design contract for an additional $4500.00 in design fees for design work on off -
site street and utility design work. Ayes (5), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
086-98 entering into an agreement with RJM Corporation for Low NOx burner
engineering services for Rochester Public Utilities in an amount not to exceed
$210,000.00. Ayes (5), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to approve amending RCO
125A.21 to allow for off -sale liquor stores to remain open on New Years Day and
Independence Day per a decision by the Minnesota Court of Appeals and
instruct the City Attorney to prepare the required ordinance. Ayes (5), Nays (0).
Motion carried.
Councilmember Evans asked if this building could be combined with a building
approved for construction for Rochester Public Utilities for storage. Richard
Freese said that the matter would be looked into, he was not aware of Public
Utilities construction plans, but proximity might be problem for all concerned.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Lt. Richard Dale, Rochester Police Department, noted the need for adequate and
secure storage for seized vehicles to prevent damage and loss of value during
storage.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
087-98 authorizing the City Clerk to advertise for bids for a storage building for
the Police and Public Works Departments for vehicle and salt/sand storage.
Ayes (5), Nays (0). Motion carried.
E-9 Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 088-
98 authorizing the Mayor and City Clerk to sign a Contribution Agreement for the
construction of a pedestrian bridge over East Circle Drive with the City, County
and School District and equally sharing the cost of construction. Ayes (5), Nays
(0). Motion carried.
E-10 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
089-98 adding Paragraph (15) to Section E "Passenger Loading Zones" of the
Comprehensive Traffic and Parking Resolution Book, to read:
(15) First Avenue S.W.; on the east side from First Street south to a
point 25 feet more or less south of First Street, in front of the
premise known as 100 First Avenue S.W., at all times.
Ayes (5), Nays (0). Motion carried.
F-2a An Ordinance Amending and Reenacting Subdivision 5 of Section 125A.21 of the
Rochester Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor,
was given a first reading.
F-3a An Ordinance Rezoning 22.2 Acres of Land From the R-1 District to the SD-1
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 Senjem moved, Evans seconded, to adopt
the Ordinance as read. Ayes (5), Nays (0). Motion carried. (east of West
Circle Drive North of the Douglas Trail)
G-1 Councilmembers Evans moved, Senjem seconded, to remove from the table
Final Plat #97-16 to be known as Southern Woods First Addition. Ayes (5), Nays
(0). Motion carried.
Richard Freese, Public Works Director, noted that the item had been previously
tabled to further discuss three of the conditions #6, #7 and #8 and further clarify
#3. He noted that the applicant is now in agreement with condition #3 that
provides a roadway extension in front of Lot 6; therefore, guaranteeing access to
the entire property. Condition #6 requires dedication of right of way for access
control to TH63. The developer will not agree to the required dedication even
though studies show that 7.2 percent of total trips through the TH63/48th Street
interchange and 19.5 percent of the traffic that exists and enters TH63 at 48th
Street is attributable to this subdivision. A diamond interchange would be
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No_ 4 - February 2, 1998
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coming off from each of the four quadrants; approximately 25 percent of the land
would need to come from land owned by the applicants. Condition #7 also
requires an additional 17 feet of dedication to 48th Street which the applicant
does not agree with. Condition #8 deals with the issue of contribution towards
the improvement of street right-of-way that abuts a plat if the street is in
substandard condition. The developers indicated that they would be willing to
make a contribution of $100.00 per lot. The amounts reflected by the City are for
$25.00 per lineal front foot for residential and $40.00 per lineal front foot for
commercial for reconstruction of 48th Street and 11th Avenue and would
suggest that they be dealt with as two separate contributions.
Wishing to be heard was Geoff Griffin, GGG Engineering, representing the
applicants. They have no trouble with condition #7 provided that controlled
access is not put on 48th Street. Condition #8 - the applicants are offering only
$100.00 per lot which was done on South Pointe Subdivision and would b,-. for
every lot in the general development plan. They are reluctant to offer any more;
they were promised something for South Pointe (60th Street S.W.) and saw no
improvements. It was pointed out that this is a county road and the City is
unable to do anything at this point. The developers are not agreeable with the
19.5 percent interchange right-of-way dedication as other developments will also
be in this area and just because their land is not on one of the four quadrants,
they will not be expected to give up any of their land.
Wishing to be heard was Jerry Schultz, Route #1, Box #93, Kasson, one of the
developers. Mr. Schultz didn't agree with the conditions and comparisons to
another project
Wishing to be heard was Randy Reynolds, 6791 Buckridge Court N.E.,
developer. He felt that they were being forced to give away property which they
had purchased.
Terry Adkins, City Attorney, suggested wording for condition #6 as follows:
"Right -of -Way for 48th Street S.W, west of Highway 63, shall be dedicated on the
assumption that a diamond interchange will be constructed at the intersection of
48th Street at Highway 63, and based on the fact that the development will
generate 19.5 percent of the traffic which will impact the interchange."
Councilmembers moved, seconded, to adopt Resolution No. 090-98 approving
Final Plat #97-16 to be known as Southern Woods First Addition with ten
conditions as amended. Ayes (5), Nays (0). Motion carried.
Having no further business, Councilmembers moved, seconded, to adjourn the
meeting. Ayes (5), Nays (0). Motion carried.
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