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HomeMy WebLinkAbout05-18-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19 1 11 CITY OF ROCHESTER, MINNESOTA 5255 Regular Meeting No. 11 — May 18 1998 Agenda Item A-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None. The Council recognized Dave Kane and the Cub Scouts from Den #7, Pack 127 who are working on their citizenship merit badges, and other high school students. B-1 A Continued Hearing on General Development Plan #129 by Bernita Mohn to be known as the Mohn Property GDP, located along the north side of 2"d Street SW, east of Cascade Creek and West Circle Drive. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon stated he had met with all parties involved and McGhie & Betts is submitting one plan, labeled A-1, for approval. He addressed the concerns from the previous meeting, which included park dedication, controlled access along 2"d Street SW, bike trail along east of property and access to Mayo property for their development. Mr. Tointon stated that Mrs. Mohn requested that the park be named after Mr. Mohn. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #129 by Bernita Mohn for plan A-1 with five conditions, approval to name the park after Mr. Mohn, and instruct the city Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. B-2 A Continued Hearing on Vacation Petition #98-4 by Hy-Vee to vacate portion of 12tn St. SW, north of Lots 1 and 17, Blk. 4, Graham Addition and portion of 3rd Ave. SW, east of Lot 17, Blk. 4, Graham Addition. Wishing to be heard was Bill Ryan, Dunlap and Seeger, representing the applicants. Mr. Ryan noted terms of agreement with the city; i.e. condemning the car wash, and conveying that property to HyVee, with HyVee paying all costs. HyVee also agreed to clean up the petroleum spill at that site and reconfiguration of the intersection. Mr. Ryan asked for the vacation requested. Wishing to be heard was Tom Crosby, attorney for Messer, Meek and Scott, owners of property to the south of the vacation request. Mr. Crosby addressed the Crossroads and Rainbow agreement with Fineshelter and his feelings that this agreement wasn't being adhered too. He also questioned the property lines in regard to the vacation and condemnation. Mr. Crosby asked the issue be tabled until the parties can work out an agreement. Attorney Adkins explained the reasoning behind the city's condemnation proceedings and that the only issue before the Council is whether there is any further public need for the right of way that is being requested to be vacated. 5256 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON- COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 283-98 approving Vacation Petition #98-4 by Hy-Vee to vacate portion of 12t' St. SW North of lots 1 and 17, Blk, 4, Graham Addition and portion of 3`d Ave. SW East of Lot 17, BRA Graham Addition. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. B-3 A Continued Hearing on a Final Plat #98-14 to be known as South Zumbro Plaza Second Subdivision. Wishing to be heard was Bill Ryan, on behalf of Hy-Vee, he reiterated what was said during the B-2 hearing. Wishing to be heard was Tom Crosby, representing the Crossroads owner, asking that the agreement on maintaining a one-story building at that intersection be adhered to. The agreement is in question between the two parties. The City Attorney stated that the agreement was between the two parties and should not be an issue for the Council. Wishing to be heard was Robert Meek, Crossroads Shopping Center, stated that the agreement was brought on by the insistence of the Council and felt they should enforce the agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded to adopt Resolution No. 284-98 approving Final Plat #98-14 to be known as South Zumbro Plaza Second with three conditions. Ayes (4), Nays (2). Councilmembers Evans, McConnell voted nay. Hruska abstained. Motion carried. Councilmember Senjem and Evans stated their empathy for the misunderstanding in regards to the agreement between the two parties. B-4 A Hearing on Final Plat #98-13 to be known as Waterford Fourth Subdivision CIC #153, Tiffany Cove. Having no one wishing to be heard, President Hunziker closed the hearing. The Council expressed concerns on intersections with the increased traffic as the area is developed. Marcoux stated there would be a traffic light installed in time. Councilmembers McConnell moved, Evans seconded to adopt Resolution No. 285- 98 approving Final Plat #98-13 to be known as Waterford Fourth Subdivision CIC #153, Tiffany Cove. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on Type III, Phase II Conditional Use Permit #98-29 by Frank Kottschade allowing the addition of a mined material processing facility for the washing, screening, and crushing of granular material and ancillary haul roads to the 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — May 18, 1998 5257 processing facility to the previously approved sand and gravel mining operations on a portion of the properties bounded by 40th St. SW, TH 63 South, 11th Ave. SW and a line one -quarter of a mile north and parallel to 48th St. SW. Wishing to be heard was John Arnold of Dunlap & Seeger, representing Frank Kottschade. Mr. Arnold explained Mr. Kottschade's desire to excavate and mine sand and gravel within the mapped floodway of Willow Creek. Upon completion of the mining operation, the 75' bufferstrip between the SJC Properties, Keystone Management, and Kottschade Ponds will be removed and a single pond will provide an amenity for the future residential development adjacent to this site. Mr. Arnold stated they agreed with the recommendation that the Restricted Development Plan (GDP) be tabled. Also they agreed to all the conditions of the prior #97-29 Conditional Use Permit. In regards to the 5 conditions presented with the current #98-29 Conditional Use Permit, they are in agreement with numbers 1,2,3, and 5. He feels #4 is an issue between MNDOT and Mr. Kottschade. Bill Tointon, McGhie and Betts, representing Mr. Kottschade, addressed the number of trips by the hauling trucks. He stated the number of trucks hauling will be determined by the processing of the materials. Wishing to be heard was Steve Middendorf, 3909 Willow Court SW. Mr. Middendorf was concerned about the city well and how this mining operation will affect the water. RPU has approved the permit. Mr. Middendorf asked the processing plant issue be tabled for more clarification. Wishing to be heard was Jim Norman, 4505 11th Ave. SW. Mr. Norman was concerned with the crushing portion of the conditional permit and felt that this would hurt the residential area and increased hauling activity would be a safety hazard. The Council assured Mr. Norman that these issues have been a concern to them also and they have implemented conditions to help alleviate some of the problems. Wishing to be heard was Brad Nelson, 1105 40th St. SW. Mr. Nelson asked if the processing plant could be moved closer to Hwy. 63. The location is centrally located in regards to the three mining areas. Wishing to be heard was Carl Evers, 1035 40th St. SW, stating he had received a notice from Planning and Zoning on a Zone change from R-1 to M-1. Staff explained that there has been a petition for a zone change but staff has taken no action. Councilmember Hruska agreed to meet with Mr. Middendorf and Mr. Tointon to discuss the well issue. Wishing to be heard was Irrold Hanson, 4635 11th Ave. SW. Mr. Hanson stated his concern about the private wells and truck traffic. Mr. Tointon stated there are regulations that the developer has to abide by with the state. Mr. Tointon was asked to keep Mr. Hanson informed. Mike Nigbur, Public Works Department, reported staff had not developed formal comment on this application for two reasons: 1) DNR not wanting to pursue the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5258 gi �lar Meeting 11 v �a,a.r-...o�,�,--,--�AAar 18, 1 q98 Agenda Item M mining of this area and 2) staff has not seen the site plan showing what the new operation is going to entail. He asked that the permit be tabled. Mr. Arnold stated he did not know that staff had concerns. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hruska moved, Stobaugh seconded moved to reopen the hearing and once reopened to be placed at the end of the agenda. Ayes (7), Nays (0) Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit #98-12 to be known as Providence Addition, located north of Viola Road/CSAH No. 2, east of Rochester Century High School. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicants. Mr. Tointon noted they were in agreement with all the conditions with the exclusion of #4 as this has been met. Wishing to be heard was Ron Lee, 4003 2"d St. NW, wanting to show his support of the addition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Hruska seconded, to approve Type III, Phase II, Land Subdivision Permit #98-12 to be known Providence Addition with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit #98-11 by Charles Gerlach to be known as Southern Hills Second Subdivision. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant. Mr. Tointon noted they were in agreement with the conditions and he was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Marcoux seconded, to approve Type III, Phase II, Land Subdivision Permit #98-11 by Charles Gerlach to be known as Southern Hills Second Subdivision with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #98-9 by Arnold Bomgaars and Abbco Co. to vacate 5' Utility Easement along northerly lines of Outlot A and Outlot B, Northern Heights East 12th Subdivision. Having no one wishing to be heard at this time, President Hunziker closed the hearing. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5259 Reaular Meeting No 11 — May 18, 1998 Agenda Item Councilmember Stobaugh moved, McConnell seconded to adopt Resolution No. 286-98 approving Vacation Petition #98-9 by Arnold Bomgaas and Abbco Co. Ayes (7), Nays (0). Motion carried. B-9 IA Hearing to request the expansion on Residential Permit Parking Zone 5 onto 2nd Street NW/1200 block and 13th Avenue/100 & 200 blocks. Wishing to be heard was Andy Masterpole, 1242 2nd St. NW. Mr. Materpole expressed the concerns of illegal parking as the main purpose for the request of permit parking and stated there is neighborhood support of this issue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Stobaugh seconded to adopt Resolution No. 287- 98 approving expandingy Residential Permit Parking Zone 5 onto 2nd Street NW/1200 block and 13t Avenue/100 & 200 blocks and amend (51.2) of Section B "No Parking Zones". Ayes (7), Nays (0). Motion carried. B-10 A Hearing to amend the Rochester Zoning Ordinance & Land Development Manual to amend the subdivision regulations to require contribution agreements for improvements to, among other things, substandard roads. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Stobaugh seconded to approved the City initiated Zoning Ordinance Text Amendment to amend the Rochester Zoning Ordinance and Land Development Manual to amend the subdivision regulations to require contribution agreements for improvements to, among other things, substandard roads. Ayes (7), Nays (0). Motion carried. B-5 I Returned to Hearing on Kottschade Permit. Ron Livingston, Planning Department, reported that the applicant has agreed to some of the conditions such as: erosion control plan, revise plan to identify required buffer.yards, final site plan showing plans with all DNR approved crossing to be provided to Planning and Public Works; there will be no processing until the information has been submitted. Two conditions that staff has suggested that are not in agreement with the applicant are the official map right-of-way to be shown on the revised plan, the location of sewer identified, and a sewer easement dedicated to the City. Richard Freese, Public Works, expressed the confusion of the staff on the location in regards to this permit, the area it entails and the right-of-ways. Mr. Freese also told the Council about the proposecf haul roads that will be eliminated in the year 2002 because of an interchange on Hwy 63 and that MNDOT or the City may have to supply a replacement road to Mr. Kottschade. Staff needs more information on the site, preferably a general development plan and a clarification as to a sewer easement, to determine their recommendation. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5260 CITY OF ROCHESTER, MINNESOTA Real liar Meeting No 11 — May 18, 1998 Agenda Item Because of the confusion that remains on the many issues brought to the hearing, Councilmember Hruska moved, Senjem seconded, to continue the hearing to June 1, 1998. Ayes (7), Nays (0). Motion carried. C-1-5, Councilmember Senjem moved, Stobaugh seconded, to approve the following 7-14, consent agenda items: 16-20 C-1 Approval of the minutes of the May 4, 1998 meeting. C-2 Approval for the funding for the Youth Employment Project for 1998. C-3 Approve continuation of River Reporting Gauge -South Fork Zumbro river at 37th St. NW. C-4 Adopt Resolution No. 288-98 referring the petition for extension of sewer and watermain to serve SE %, SW %, Section 10, Cascade Township to the Public Works Department for a feasibility study. C-5 Approve the following licenses and miscellaneous activities. Gambling -Temporary Raffles Lupas Foundation of America, Inc., Minneapolis, MN, raffle at Olmsted Co. Fairgrounds 8/1/98 Rochester Area Gymnastics Academy, raffle, 811/98 Rochester Century Partners Booster Club, Inc., raffle, 10/11/98 at Century High Gambling -Premise Renewal VFW Post #1215 Heating Contractor Frederixon Bros. Mechanical, Inc. DBA The Plm'r, Zumbrota Master Installer Bruce L. Lorentson, Eden Prairie David Frederixon, Zumbrota Brian Biwer, Zumbrota House Moving Progressive Building Movers, Inc., Rochester — House from 1710 16t' Ave. NW to Goodhue County - May 21, 1998 and House from 1714 16th Ave. NW to Steele County — May 22, 1998. Master Plumber Frederixon Bros. Mechanical, Inc. DBA The Plm'r, Zumbrota Sidewalks — Cement Bob Hinchley DBA B.D.H. Masonry, Inc., Zumbrota RECORD OF OFFICIAL PROCEEDINGS OF ' THE COMMON COUNCIL 19 Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 —May 18, 1998 5261 Sound Amplification Katie Frerker & Jenny Reiling, John Marshall Graduation, Central Park, 6/13/98 Miscellaneous Activities Rochester Athletic Club, Triathlon, Valley High Dr. & Industrial Drive NW area, 7/18/98 Rochester Area Special Olympics, Walk-a-Thon, East Silver Lake, 6/12/98 C-6 See at end of C items. C-7 Adopt Resolution No. 289-98 approving street closings and meters being bagged for Rochesterfest 1998 running from June 20th through June 28th C-8 Approval of Off Sale 3.2 Beer license transfer from Hy-Vee Food Store #1 to the new location named Hy-Vee Food and Drugstore #1. C-9 Adopt Resolution No. 290-98 approving the appointment of Election Judges and approval of Precincts for the Special Sales Tax Election on June 23,1998 C-10 Approve Accounts Payable in the amount of $901,621.71. C-11 Adopt Resolution No. 291-98 approving an agreement with Olmsted County for Joint Law Enforcement Testing. C-12 Adopt Resolution No. 292-98 authorizing the Mayor, City Clerk and President to sign an application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for financial assistance in the component replacement of the Public Safety Automated System. C-13 Adopt Resolution No. 293-98 accepting a STOP Violence Against Women Act (VAWA) fund Grant, create a temporary SAIC coordinator position, and seek further funding for the continuation of the SAIC Coordinator position beyond June 30, 1999. C-14 I Approve the donation of $500 from Rochester Olmsted County Safety Council in support of the Safe & Sober Campaign. C-15 I See at end of C items. C=16 Adopt Resolution No. 295-98 authorizing the City Clerk to advertise for bids for Project No. 6110-92 (J-9215) "Reconstruct 18th Ave. NW from 22"d Street to 37th Street", C-17 Adopt Resolution No. 296-98 authorizing the City Clerk to advertise for bids on May 28, 1998 for Project No. 9811-98 (J-2113) "Concrete Curb and Gutter Spot Replacement at various locations". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5262 Regular Meeting No 11 — May 18, 1998 Agenda Item C-18 C-19 C-20 C-6 C-15 D-1 a D-1 b Adopt Resolution No. 297-98 authorizing the City Clerk to advertise for bids on June 10, 1998 for Project No. 6207-4-96A (J-9363) "Reconstruct 7tt' Street NW from 400 feet west of 43`d Ave. to the west line of Manor Woods 8tn" Adopt Resolution No. 298-98 authorizing the City Clerk to advertise for bids on June 9, 1998 for Project No. 9754 (J-6382) "Installation of a Traffic signal on CSAH 22 and 7th Street NW". Approve the donation for a bike rack for a City bus from Honest Bike Shop and Paul Myhrom. Councilmember Hruska wanted to show the Council's appreciation to Carol Brown and all her work with Rochesterfest. Councilmember McConnell moved, Stobaugh seconded to approve the Licenses, Bonds and Miscellaneous Activities for Rochesterfest, 1998. Ayes (7), Nays (0). Motion carried. Councilmember Hruska asked Public Works if there had been a neighborhood meeting on the assessments for the Project. He was assured that the property owners had received notice and agreed to the assessments. Councilmember Hruska moved, Stobaugh seconded to adopt Resolution No. 294- 98 authorizing the City Clerk to advertise for bids on June 17, 1998 for Project No. 6217 % -2-97 (J-9450) "Reconstruct 17'/2 Street SE from 9th Ave. SE to 10th Ave. SE". Ayes (7), Nays (0). Motion carried. Wishing to be heard was David Bishop, 1185 Plummers Circle SW. Mr. Bishop wanted to address the issue of DME Railroad. He encouraged the Council to retain the legal consul of Steven Kalish of McCarthey, Sweeney, and Harkaway of Washington, DC and to form a task force to look at the impact the railroad will have on the city. The task force would be encouraged to look at alternatives for bypassing the city. Mr. Bishop also suggested ideas for funding. Wishing to be heard on the residential impact of the DME Railroad was Sally Boyum, 202 14th Ave. NE. Ms. Boyum stated an organization has been formed called the Eastside Pioneers Neighborhood Assoc. to look out for the interest of the . residents affected by the DME Railroad. Others wishing to be heard addressing the same issue were Kevin Fleming, 511 East Center, and Mike LaPlante, 1143 3'/2 Street SE. D-1c Wishing to be heard was Norm Nelson, 5618 26th Avenue NW. Mr. Nelson stated his concern about the cost of the lawyer for the DME Railroad issue. President Hunziker informed the people present that the Council is dedicated to work towards what is best for the residents of Rochester. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — May 18, 1998 5263 Agenda Item D-1 d Councilmember Marcoux wanted to thank Dave Rossman, Public Works, for his work on bringing the Youth Commission of Olmsted County Art Display to window cabinets built in the skyways. E-1 Councilmember Hruska moved, Marcoux seconded to adopt Resolution No. 299-98 approving to become a party of record in the application of the DME in the Surface Transportation Board Process and approval to retain the services of Steven Kalish of the firm of McCarthy, Sweeney, and Harkaway as needed for this process. Ayes (7), Nays (0). Motion carried. The Council will receive updates on this issue. E-2 Councilmember McConnell moved, Stobaugh seconded to approve Fred Schmidt installing the blacktop path from Eastwood Hills Development to connect to the Park and to pay him back in 1999 interest free. Ayes (7), Nays (0). Motion carried. E-3 Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 300- 98 accepting the petition to expand Residential Permit Parking Zone 4 onto 9th Ave. SE, from 12th Street to 13th Street and set a hearing for June 1, 1998 to obtain public comment. Ayes (7), Nays (0). Motion carried. E-4 Councilmember Hruska moved, Evans seconded to adopt Resolution No. 301-98 to increase towing and associated services for Police Department requested services. Ayes (7), Nays (0). Motion carried. F-2a An Ordinance creating and enacting section 61.202 of the Rochester Code of Ordinances, relating to the regulation of subdivisions by requiring improvements to public facilities was given a first reading. F-3a An Ordinance rezoning certain property from the I District to the M-1 District and amending Ordinance No. 2785, known as the Zoning Ordinance and Land Development Manual of the City of Rochester was given a second reading. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of Valley High Drive, East of West Circle Drive.) F-3b An Ordinance annexing to the City of Rochester approximately 2.4 acres of land located in a part of the northwest quarter of the southeast quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota was given a second reading: Councilmembers McConnell moved, Hruska seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South side of Pinewood Road and on the East side of 26th Ave. SE.) F-3c An Ordinance amending and reenacting Section 66.104 of the Rochester Code of Ordinances, relating to the adoption of an interim ordinance regulating the issuance of permits for mining or extraction activities within the city was given a second reading. Councilmembers Stobaugh moved, Evans seconded to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5264 CITY OF ROCHESTER, MINNESOTA Regular Meeting No 11 — May 18, 1998 Agenda Item F-3d F-4a F-4b F-4c An Ordinance amending and reenacting Subdivision 7 of Section 38.152 of the Rochester Code of Ordinances relating to regulation of Rental Property was given a second reading. Councilmembers Hruska moved, Marcoux seconded to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No. 302-98 entering into a City -Owner Agreement between the City of Rochester and Michael Younge Development for Project No. J-9490 "Basic Construction in Lincolnshire North Second Subdivision". Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Senjem seconded, to remove from the table the Waterford Development Corporation and Elcor Construction agreement for Project No. J-9485. Councilmembers Stobaugh moved, Evans seconded to adopt Resolution No. 303- 98 entering into a City -Owner Agreement between the City of Rochester and Waterford Development Corporation and Elcor Construction Inc., for Project No. J- 9485 "Watermain to Serve Waterford Subdivision, Phase IV". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded to amend Resolution No. 178-98 regarding the street closing for the groundbreaking of the Gonda Building as per request from Gary Hayden, Mayo Foundation. The closing will change from 2"d Ave. SW between 1st St. and 2"d St. SW to 1 st St. SW between 2"d Ave. and 3`d Ave. SW. Ayes (7), Nays (0). Motion carried. The affiliation of Councilmembers Hruska, Senjem and Stobaugh with the Mayo Foundation was noted. Having no further business, Councilmembers Hruska moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. Deputy City Clerk 1