HomeMy WebLinkAbout06-15-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5276 CITY OF ROCHESTER, MINNESOTA
Real liar Adjourned Meeting No 13 — June 15, 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, Ed Hruska, Marcia Marcoux,
Jean McConnell, Dave Senjem, Walter Stobaugh. Absent: None
A Hearing on Final Plat #98-16 to be known as Menards North Subdivision.
No one was present wishing to be heard.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Final Plat #98-16 to be known as Menards North Subdivision to June 22, 1998
meeting at 3:45 P.M. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-17 to be known as Century Hills Townhomes Second
Subdivision.
No one was present wishing to be heard.
Councilmembers McConnell moved, Hruska seconded, to continue the hearing on
Final Plat #98-17 to be known as Century Hills Townhomes Second Subdivision to
June 22, 1998 meeting at 3:45 P.M. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-10 to be known as Manor Woods West 10th
Subdivision.
Wishing to be heard was Leslie McGillivary, McGhie & Betts, representing the
applicant and available for questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 344-
98 approving Final Plat #98-10 to be known as Manor Woods West 10th Subdivision
with three conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Rochester Urban Service Area Land Use Plan Amendment #98-4 by
Franklin Kottschade to amend the land use plan designation from "low density
residential' to the "industrial" designation on land located south of 40th Street S.W.
and east of 11th Avenue S.W.
Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing
the applicant, Franklin Kottschade., for the land use plan amendment and the
rezoning. The property is currently adjacent to property owned by Kottschade
which was rezoned several years ago to M-1 and property owned by SJC and
Keystone Management, all of which are being used for mining operations. The
property is surrounded by mining, agricultural and industrial uses. The proposal
meets the criteria for industrial types of uses. The Planning Commission had
problems with the question of level terrain as much of this terrain exceeds 5 percent
slope. The land use plan provides that level terrain should be less than 5 percent;
however, the land use plan language is to be for information or guidance purposes
only. He noted the surrounding lands which have 5 percent or greater land
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5277
Regular A 'ourned Meeting No 13 —June 15, 1998
topography slopes. Mr. Arnold noted they did not have any public meetings with
the neighbors due to the fact that the nearest residents are at least 1000 feet away
from the property. President Hunziker noted that the minutes from the Planning
meeting expressed a concern about mining the hillside. Mr. Arnold noted that they
are not planning on mining or removing the hill at this time. President Hunziker
asked why Planning staff wasn't allowed on the property to complete wetland
delineation reports.
Ron Livingston, Planning Department, stated that John Hartford, Planning, needed
to access the sites after the delineation has been completed to confirm the
information contained within the plan. There were problems gaining access to the
site.
Wishing to be heard was Franklin Kottschade, 4719 Warwick Lane N.W. Mr.
Kottschade stated that around December 1, 1997 there was a wetland delineation
plan submitted to the Technical Evaluation Panel for consideration. As of April
1998 nothing had been completed and no notice had been returned. Mr.
Kottschade indicated that he then sent a letter stating the 60 day rule according to
State Statute had passed and would then be approved. The following day a
telephone call from the Planning Department informed Mr. Kottschade they would
like to do the wetland delineation. Unsure of whether allowing them on the property
would waive his 60 day rights, Mr. Kottschade stated that he needed an opinion
from his attorney before he would allow them to proceed. The attorney found that
the 60-day rule did apply, and therefore, on the advice of his attorney Mr.
Kottschade was told not to allow additional delineation.
Wishing to be heard was Brad Nelson, 1105 40th Street S.W.. Mr. Nelson was
confused about the future use of the property. He stated that it was his
understanding that there would be development around the lake that would be put
in and now it seems to be of an industrial nature. He couldn't see putting
townhomes next to a mining operation. He asked if it was possible to rezone to B-1
rather than M-1.
Wishing to be heard was Tom Hexum, 1002 North Broadway. Mr. Hexum is one of
the land owners to the south of the Kottschade property. He stated that he had no
problem with Mr. Kottschade's M-1 use as long as there is an overall
comprehensive plan that the land bordered by 48th Street, 11t" Avenue and TH 63
in its entirety is consistent. He also stated that it was his opinion that the 5 percent
slope criteria is outdated. Mr. Hexum noted that he is in favor of the Kottschade
land use and zoning change as proposed.
Mitzi Baker, Planning Department, showed site maps of the area indicating the
areas with 5 percent slopes and the Kottschade property with a slope of perhaps
between 29-49 percent slope.
Terry Adkins, City Attorney, indicated that, based on the City's past actions, it
appears that the 5 percent indicated in the land use manual is intended as a
guideline and, based on past experiences, the Council has looked at a parcel in its
entirety to see if its manageable in spite of its slope.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Wishing to be heard was Don Prow, representing Rochester Topsoil, the property
to the east of TH 63. He indicated his support of the Kottschade development as
proposed.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon asked the Planning Department the source on the contour information.
It was indicated by Mitzi Baker that it was supplied by the soil survey information;
she was unsure of the source of the contour intervals. Mr. Tointon indicated that
they use USGS Data that uses 10-foot contour intervals. His firm uses their own
contour interval survey which is a 2-foot interval. He stated that when using the10-
foot intervals it is not unlikely to be in error on the steepness of the slopes. He also
stated that when they have a development in excess of 5-6 percent, grading of the
site would allow them to develop to desired depth.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, McConnell seconded, to direct the City Attorney
to prepare Findings of Fact, Conclusions of Law, and Order to be returned for
approval on July 6, 1998 with four conditions with the condition on the slope grade
to be consistent with other approved projects in the City. Ayes (7), Nays (0).
Motion carried.
A Hearing on Zoning District Amendment #98-4 by Franklin Kottschade to rezone
land from the R-1 to the M-1 district on land located south of 40t' Street S.W. and
east of 11t' Avenue S.W..
Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing
Franklin Kottschade. Mr. Arnold was available for questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order, using testimony from
item B-2, and bring back to the Council for approval at the July 6, 1998 meeting
Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on Zoning District Amendment #98-3 by Mac Hamilton to rezone land
from the M-1 to the M-2 district on property located at the SE corner of Valleyhigh
Road N.W. (CSAH 4) and West Circle Drive (CSAH 22) intersection.
Wishing to be heard was Mac Hamilton, 400 South Broadway, applicant. Mr.
Hamilton agreed with the recommendations of the staff and Planning Commission
Wshing to be heard was Don Prow, speaking on behalf of his son who owns an
adjacent piece of property. He is concerned about the height of the building to be
erected. He noted that there is about 20 feet of slope in about 20 feet on the right
hand side. He asked that it be checked on.
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Mac Hamilton noted that the building codes have been approved by City staff.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5279
Regular Adiourned Meetinq No. 13 — June 15, 1998
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Zoning District
Amendment #98-3 by Mac Hamilton with three findings from the Planning and
Zoning Commission. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on Type III, Phase II, Land Subdivision Permit #98-15 by North American
Realty, Inc. to be known as Essex Estates Fourth located east of Essex Parkway
N.W., south of Londonderry Drive N.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
They are in agreement with the four conditions recommended by the Planning
Commission.
Terry Adkins, City Attorney, noted that condition #1 does not apply as it is now
before the Council for approval.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to approve Type III, Phase
II, Land Subdivision Permit #98-15 by North American Realty, Inc. to be known as
Essex Estates Fourth with three conditions. Ayes (7), Nays (0). Motion carried.
B-6 A Hearing on Vacation Petition #97-14 by Cordul Establishment, Inc. to vacate all of
Pennington Drive N.W. and the 10 foot utility easements adjacent to the vacated
part of said Pennington Drive N.W. in Blocks 2, 3, and 4 of said Cordul Commercial
Park.
Having no one present wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 345-98
approving Vacation Petition #97-14 by Cordul Establishment, Inc. with three
conditions. Ayes (7), Nays (0). Motion carried.
C-1-23I Councilmembers McConnell moved, Marcoux seconded, to approve the following
consent agenda items:
C-1 I Approve the minutes of the June 1, 1998 Council meeting.
C-2 IAdopt Resolution No. 346-98 supporting the application of Analytical Solutions to
the Southeastern Minnesota Initiative Fund.
C-3 Adopt Resolution No. 347-98 approving a revocable permit request for Kim
Wernimont for a retaining wall along the perimeter of the residential lot located at
1719 Tenth Avenue S.E.
C-4 Adopt Resolution No. 348-98 approving a revocable permit request for The Gap,
Inc. to install two exterior blade signs from the outside wall of the Centerplace
Galleria at 111 South Broadway.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5280
RegularAdjourned Meeting No.13 — June 15, 1998
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Adopt Resolution No. 349-98 approving a revocable permit request for Richard's
Seamless Gutter to construct a roof overhang that encroaches into the Second
Street N.E. public right-of-way.
Approve the following licenses and miscellaneous activities:
Beer On -Sale -Temporary
Olmsted County Agricultural Association for Olmsted County Fair Beer
Garden — July 27 through August 2, 1998
Gambling — Premise Renewal
Bear Creek Services at Knights of Columbus
Gambling — Temporary Raffle
Arc of Olmsted County — Raffle at Gloria Dei Lutheran Church — October 27,
1998
Church of the Resurrection — Raffle — August 20, 1998
Sign Installation
Minnesota Searchlight & Balloons, Good Thunder, Minnesota
Brushwork Signs of Faribault, Incorporated, Faribault, Minnesota
Sound Amplification
Olmsted County Agricultural Association for Olmsted County Fair Beer
Garden — July 27 through August 2, 1998
Kent Van Tassel Graduation — 908 17 Y2 Street S.E. — June 7, 1998 (prior
approvals by Evans, Hunziker, McConnell and Marcoux)
Community Migrant Council — Migrant Festival — June 12, 1998 (prior
approvals by Hunziker, Hruska, Marcoux and Stobaugh)
Miscellaneous Street Use
NE Neighborhood Association — Kiddie Bike Parade — June 14, 1998 (prior
approvals by Hunziker, Hruska, Marcoux and Stobaugh)
Rochester Area Special Olympics — Bike Ride — July 12, 1998
Peach United Church of Christ — Rochester Area Crop Walk for Pledges to
Fight Hunger — October 3, 1998
Approve the annual Fireworks Display on July 4, 1998 sponsored by the Rochester
Post Bulletin.
Approve Accounts Payable in the amount of $2,029,040.25.
Adopt Resolution No. 350-98 authorizing the Mayor and Council President to sign
Form LPA-C1, Certification of Local Performance Measures for Local Performance
Aid payable in 1999.
Adopt Resolution No. 351-98 awarding the bid for one 6,000 Gallon Tank Trailer for
the Water Reclamation Plant to Stuart Tank Sales Corporation for $42,979.00.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5��1
Regular Adjourned Meeting No. 13 — June 15, 1998
Agenda
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C-11 1 See at end of C items.
C-12 Adopt Resolution No. 353-98 entering into an agreement with Gehling Auction of
Preston, Minnesota to auction off vehicles seized by the Rochester Police
Department in accordance with DWI and felony offense statutes.
C-13 The City Attorney requested this item to be withdrawn. (Amend City Ordinance
pertaining to Door -to -Door Salespersons Permits)
C-14 See at end of C items.
C-15 I Approve the donation of $100 to the Rochester Police Department by Eleanor
Hoaglan and to thank her for the donation.
C-16 Adopt Resolution No. 354-98 granting a revocable permit to the owners of the
property located at 1220 Fourth Avenue S.W., for the construction and operation of
a private parking area within the existing Fourth Avenue S.W., right-of-way.
C-17 Adopt Resolution No. 355-98 accepting the Right of Way Plats numbered 11, 12,
13, and 14 for the 55th Street Reconstruction project.
C-18 Adopt Resolution No. 356-98 authorizing the City Clerk to advertise for bids for
Project No. J-1989 "Demolition of Former County Health Department Building".
C-19 Adopt Resolution No. 357-98 entering into an annexation and utility connection
agreement with Mr. and Mrs. John Bothun and direct the City Clerk to record the
agreement with the County Recorder.
C-20 Adopt Resolution No. 358-98 amending the Comprehensive Traffic and Parking
Resolution Book to read:
Delete Paragraphs (7) and (17.5) from Section C "Special Parking
Zones".
C-21 Adopt Resolution No. 359-98 authorizing the City Clerk to advertise for bids for
Project No. 9755 (J-6383) "Installation of a Traffic Signal on CSAH 22 & 55th Street
N.W. to be opened on July 11, 1998.
C-22 Adopt Resolution No. 360-98 amending the Comprehensive Traffic and Parking
Resolution Book adding paragraph (231.3) to Section B, "No Parking Zones" so as
to read:
(231.3) 25th Street S.W., on the north side of the street, from Meadow Run
Drive to Meadow Hills Drive, at all times.
C-23 Adopt Resolution No. 361-98 awarding the bid for Project No. 9754 (J-6382)
"Installation of a Traffic Signal on CSAH 22 7th Street N.W." to Nietz Electric,
Incorporated for $116,650.00.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5282 CITY OF ROCHESTER, MINNESOTA
Rep filar A 'ourned Meeting No_ 13 — June 15, 1998
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Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
352-98 accepting the Final Environmental Impact Statement for the Mayo
Foundation Gonda Building. Ayes (7), Nays (0). Motion carried. The relationship
of Councilmembers Hruska, Senjem and Stobaugh were noted.
Councilmembers Stobaugh moved, McConnell seconded, to accept the donation of
$500.00 from the Kutzky Park Neighborhood to be used towards the purchase of
POP uniforms and bicycle equipment and to thank the neighborhood association for
the donation. Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W. Mr. Nelsen asked
the Council to be consistent in what they are doing. He stated that many times the
City Attorney is asked to prepare Findings of Fact, Conclusions of Law, and Order
which are contradictory to what has been done in the past.
Wishing to be heard was Barb Prow, on behalf of Barb Prow Limited Corporation.
She asked to talk about the land acquisition on 16th Avenue N.W. She questioned
the change in location for the roadway. Mike Nigbur, Public Works, noted that it
was placed with consideration to the buildings that are now existing around the
property and where other properties are impacted. Ms. Prow asked why it was
brought entirely onto her property. She felt that the decision of the Council to move
the road is without any information.
Wishing to be heard was Don Vestweber, 1610 Kings Run Drive. Mr. Vestweber
noted that a petition with 300 signatures has been delivered asking for a down -
zoning of the intersection of 18t' Avenue and 55th Street N.W.
Wishing to be heard was Don Prow, on behalf of Barb Prow Limited Corporation.
Mr. Prow was frustrated with the procedure for development of property in
Rochester.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
362-98 establishing a public hearing on July 20, 1998 to amend the Tax Increment
Financing Budget (TIF) for Rochester Technology Park. Ayes (7), Nays (0). Motion
carried.
Councilmember Senjem moved, Marcoux seconded, to approve the Findings of
Fact, Conclusions of Law, and Order as presented by the City Attorney in regard to
Restricted Development Conditional Use Permit #98-05 by Franklin P. Kottschade.
Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay.
Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No. 363-
98 approving the 1998 and 1999 Rochester Professional Employees Association
labor agreement. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, McConnell seconded, to approve City Initiated
Land Use and Zoning Study at the NE, SE and SW corners of the Intersection of
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5283
Regular Adjourned Meeting No. 13 - June 15. 1998
18th Avenue N.W. and 55th Street N.W. and recommend to the Planning and Zoning
Commission to reconsider changing the zoning at the intersection to B-1. Ayes (7),
Nays (0). Motion carried.
E-5 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
364-98 entering into an amendment to the Professional Services Contract with
Triad Engineering for $48,700 for lagoon sludge sampling and characterization as
deemed necessary by the Public Works Director. Ayes (7), Nays (0). Motion
carried.
E-6 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
365-98 entering into a purchase agreement with Quarve and Anderson for the
acquisition of 39 acres of land for $75,000.00 in the Cascade Lake area. Ayes (7),
Nays (1). Motion carried. Councilmember Evans voted nay.
E-7 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
366-98 entering into an agreement with Menards, Incorporated concerning the
expansion of the Menards North Store. Ayes (7), Nays (0). Motion carried.
E-8 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolutions No.
367-98 and 368-97 authorizing the City Clerk to advertise for bids to be opened on
July 15, 1998 and to execute a City/State Cooperative Agreement for Project No.
9552 (J-6373) "Traffic signal Modification on TH 63 from Civic Center Drive to 14th
Street N.E." Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 369-
98 executing a City/State Cooperative Agreement for installation and maintenance
and executing an agreement with Short, Elliot Hendrickson, Inc. for the preparation
of plans and specifications for traffic signals at TH 63 and Rocky Creek Drive N.E.
Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Marcoux moved, Stobaugh seconded, to refer to the Committee -
of -the -Whole for further discussion on land acquisition for the 16th Avenue corridor.
Ayes (7), Nays (0). Motion carried.
Councilmembers noted their concern on the 16th Avenue crossing with the advent
of the DM&E railroad expansion.
E-11 Councilmembers Stobaugh moved, Marcoux seconded, to approve selecting and
hiring a noise consultant to study the projected noise levels that the DM&E railroad
would generate. Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers Stobaugh moved, Hruska seconded, to direct the City Attorney to
start abatement proceedings to take evidence on hazardous property located at
320-322 South Broadway. Ayes (7), Nays (0). Motion carried.
F-2 An Ordinance Rezoning Certain Property From the M-1 District to the M-2 District
and Amending Ordinance No. 2785, known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a first reading.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- 2 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 13 _
—Jung 15, 1998
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(South of Valleyhigh Drive N.W., East of West Circle Drive - Mac Hamilton
Property)
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 second reading. Councilmembers McConnell
moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
370-98 entering into an owner contract with Mayo Foundation and Fraser
Construction Company for Pro ect No. J-9497 "Construction of Watermain in
Proposed New alignment of 1s Street S.W. between Td Avenue and 4t' Avenue
S.W." Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Stobaugh moved, Evans seconded,
to recess the meeting to 3:45 P.M. on June 22, 1998. Ayes (7), Nays (0). Motion
carried.
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