HomeMy WebLinkAbout10-05-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
�3�® CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 27 — QGtaber 5, 1998
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No one wished to be heard during the open comment period.
President John Hunziker called the meeting to order at 7:05 P.M. with the following
members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux,
Jean McConnell, David Senjem, Walter Stobaugh. Absent: None.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
580-98 referring the petition for "Extension of Sanitary Sewer and Watermain to
Serve the Riverview Heights Subdivision" to the Public Works Department for a
feasibility report. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
581-98 referring the petition for "Sewer and Water Extension in Skyline Drive S.W."
to the Public Works Department for a feasibility report. Ayes (7), Nays (0). Motion
carried.
Councilmembers Hruska moved, Stobaugh seconded, to rearrange the agenda to
move the consent items to the front of the agenda. Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, Hruska seconded, to approve the following
consent agenda items:
Approved the appointment of Greg Walters to the Fire Civil Service Commission for
the three year term running to April 2001.
Approved the following Public Utility resolutions:
Resolution No. 582-98 entering into a purchase agreement with PowerTech
Associates, Inc. for Cascade Creek Gas Turbine Control System Phase 1 at a cost
not to exceed $38,418.00.
Resolution No. 583-98 declaring the week of October 4-10 as Public Power Week
in the City of Rochester, Minnesota.
Adopted Resolution No. 584-98 accepting a grant in the amount of $8,500 from the
Minnesota Center for Crime Victim Services for the evaluation of the sexual assault
protocol development process.
Adopted Resolution No. 585-98 accepting a grant in the amount of $15,000 from
the Minnesota Department of Public Safety for use in paying overtime costs of
assigning officers to high -crime areas with a focus on neighborhood associations
concerns.
Adopted Resolution No. 586-98 appointing Diana Borash as Communications
Manager for the Law Enforcement Center at an annual salary of $54,258.00.
Adopted Resolution No. 587-98 authorizing the position of Utility Maintenance
Worker in the Public Utilities Department for Gary Chadwick.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5371
Adjourned Meeting No. 27 — October 5, 1998
Agenda
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E-8 Adopted Resolution No. 588-98 authorizing the Director of Employee Relations to
sign the Work -Study Agreement with Rochester Community and Technical College
for the school year of 1998-1999 and Summer of 1999.
E-9 Adopted Resolution No. 589-98 executing a purchase agreement within $5,000 of
the appraised value to acquire land needed to link 31st Street to Rocky Creek Drive
in the area of Highway 63 and CSAH 22.
E-10 Adopted Resolution Nos. 590-98 and 591-98 ordering the preparation of the
assessment roll and setting an assessment hearing for November 2, 1998 for
Sidewalk Replacement Project No. 4-1997 (J-9418) "Replacement of Sidewalk at
Various Locations".
E-11 Adopted Resolution Nos. 592-98 and 593-98 ordering the preparation of the
assessment roll and setting an assessment hearing for November 2, 1998 for
Sidewalk Replacement Project No. 5-1997 (J-9424) "Sidewalk Replacement at
Various Locations. Meadow Run Drive S.W.; 3rd Avenue and 4th Avenue S.W.
Between 5th Street and 6th Street S.W.; Miscellaneous Locations on 14th Street
N.E."
E-12 Adopted Resolution Nos. 594-98, 595-98, 596-98 and 597-98 ordering the
feasibility report, accepting the feasibility report and setting a public hearing for
November 2, 1998, ordering the preparation of the assessment roll and setting an
assessment hearing for November 2, 1998 for Project No. 5703-99 (J-9522)
"Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive
S.W.".
E-13 Adopted Resolution Nos. 598-98, 599-98, 600-98 and 601-98 ordering the
feasibility report, accepting the feasibility report and setting a public hearing for
November 2, 1998, ordering the preparation of the assessment roll and setting an
assessment hearing for November 2, 1998 for Project No. 6217-2-99 (J-9514)
"Construct Concrete Curb and Gutter, Storm Sewer and Overlay Bituminous
Roadway in 900 Block of 17th Street S.E.".
E-14 Adopted Resolution Nos. 602-98, 603-98, 604-98 and 605-98 ordering the
feasibility report, accepting the feasibility report and setting a public hearing for
November 2, 1998, ordering the preparation of the assessment roll and setting an
assessment hearing for November 2, 1998 for Project No. 6307-2-99 (J-9523)
"Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.".
E-15 Adopted Resolution Nos. 606-98, 607-98, 608-98 and 609-98 ordering the
feasibility report, accepting the feasibility report and setting a public hearing for
November 2, 1998, ordering the preparation of the assessment roll and setting an
assessment hearing for November 2, 1998 for Project No. 6008-99 (J-9520)
"Reconstruction of 161h, 16 Y2, 17th, 17 Y2 Streets from 18th Avenue N.W. to 19th
Avenue N.W.; and Reconstruction of 18'/z Street from 18th Avenue N.W. to 20th
Avenue N.W.".
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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-AdjeWned- Meeting -No. 27 —Oder-61998
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Adopted Resolution No. 610-98 executing an amendment to the Flood Hazard
Mitigation Grant Agreement concerning the Mayo Run Watershed (J-4890) to
revise the completion date to June 30, 2000.
Adopted Resolution No. 611-98 awarding Nieman Roofing Company of New
Prague, Minnesota, the contract for Roofing Replacements at the Water
Reclamation Plant in the amount of $75,600.
Approved Accounts Payable in the amount of $3,729,873.60.
Ayes (7), Nays (0). Motion carried.
An Ordinance Annexing to the City of Rochester Approximately 10.05 Acres of
Land Located In a Part of the Southeast Quarter of the Northwest Quarter of
Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was
given a first reading. (Numerous addresses on 23`d Avenue S.E. on Pinewood
Road S.E.)
An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances,
Relating to the Names of the Streets Platted in Manorwoods West Seventh
Subdivision, was given a second reading. Councilmembers McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances,
Relating to the Names of the Streets Platted in South Zumbro Plaza Second
Subdivision, was given a second reading. Councilmembers Senjem moved,
McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
An Ordinance Rezoning Certain Property from the B-4 District to the B-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 McConnell moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (6), Nays (1). Motion carried. Councilmember Hruska
voted nay. (Southeast Comer of 55t' Street and 18t' Avenue N.W.)
An Ordinance Amending and Reenacting Subdivisions 2, 5, and 7 of Section
38.152 of the Rochester Code of Ordinances, Relating to Regulation of Rental
Property, was given a second reading. Councilmembers Stoaugh moved,
McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
An Ordinance Annexing to the City of Rochester Approximately .67 Acres of Land
Located in a Part of the Southeast Quarter of the Northeast Quarter and the
Northeast Quarter of the Southeast Quarter of Section 30, Township 107 North,
Range 13 West, Olmsted County, Minnesota, was given a second reading.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5373
Adjourned Meeting No. 27 — October 5, 1998
Councilmembers Hruska moved, McConnell seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried. (South of Viola Road, East of East Circle
Drive)
F-3f An Ordinance Rezoning Certain Property From the B-1 District to the B-4 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 McConnell moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (West side of Marion Road
S.E., South of entrance to Bear Creek Park)
F-3g An Ordinance Amending Sections 3.07, 5.06, and 7.03 of the Home Rule Charter of
the City of Rochester Relating to the Recall and Removal of Public Officials, was
given a second reading. Councilmembers Stobaugh moved, McConnell seconded,
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-3h An Ordinance Amending Section 12.04 of the Home Rule Charter of the City of .
Rochester Relating to Bid Security Requirements in Public Bids, was given a
second reading. Councilmembers McConnell moved, Stobaugh seconded, to
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-4a Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
612-98 entering into an owner agreement with Fred Schmidt and Elcor Construction
for Project No. J-9477 "Basic Construction in Eastwood Hills Second Subdivision".
Ayes (7), Nays (0). Motion carried.
D-1 A Hearing on Zoning Ordinance Text Amending #97-5 Modifying Zoning
Regulations Applicable to Manufactured Housing and Parks.
Wishing to be heard was Mary St. Marie, 620 Fairway Drive N.W. She asked the
Council to consider the petitions that were obtained with 563 signatures in support
of the zoning ordinance text amendment.
Wishing to be heard was Bruce Snyder, 4349 Cimarron Court N.W. Mr. Snyder
asked that the Council approve the zoning amendment change that would allow for
separation of areas not compatible with each other. He also would like the
provision removed from State Legislation to allow municipalities to operate on the
premise of what is good for them.
Wishing to be heard was Lowell Penz, 601 36t' Street S.W. Mr. Penz stated that it
was evident to him that the City was in danger of creating a monster and that they
were discriminating against those individuals who can only afford alternative
housing such as manufactured homes. He assured the Council that the land was
going to be put to some use.
Wishing to be heard was John Laivell, 4433 Surrey Lane N.W. He asked that the
Council consider very carefully the correct thing, that of approving the zoning
amendment.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5374 Ad,jeurned Meeting o. 227-- estebeF 5, 1998
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Wishing to be heard was David Brause, 5905 Sheldon Drive N.W. Mr. Brause
stated that if people are allowed to come into an area and make it maximum
density, we then place a burden on the schools of the area. The Council should
notjeopardize the living standards for the sake of one developer. The amendment
should be passed and allow time for the City to look at how the area is going to be
used and grow in the future.
Wishing to be heard was Lou Hermansen, 3857 Villa Road N.W. Mr. Hermansen
stated that the residents of the area support the R-1 x zone because it is a good
step toward good development in Rochester as a whole.
Wishing to be heard was Bill Oswald, 5718 Lancaster Place N.W., supporting the
issuance of a R-1x zoning district.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Senjem seconded, to instruct the City Attorney
to prepare the Ordinance Text Amending #97-5 Modifying Zoning Regulations
Applicable to Manufactured Housing and Parks as prepared by Jeff Ellerbush of the
Planning Department. Discussion.
Councilmember Senjem asked that the Council adopt Option 2 regulating density
by requiring a minimum lot area of 5500 square feet, 50 feet of lot frontage and
setbacks all the same as for detached single family dwellings in the district. He
also asked that a provision that would call for a manufactured home to sit parallel to
the street rather than perpendicular.
Councilmember Stobaugh asked if the ordinance could include language for an
owner -occupied dwelling.
Terry Adkins, City Attorney, said that the current ordinance does contain some site
restrictions, such as setbacks, separation between manufactured homes, etc.
Therefore, modifications to site restrictions can be made as long as the ordinance
does address some already.
Jeff Ellerbush, Planning Department, went over the summary of the ordinance
pointing out the site development standards and in particular those that applied to
the R-1x manufactured home park zoning areas. The standards for manufactured
home parks are as restrictive as what are presently found in R-3 and B-4 zones.
He suggested that any additions should be looked at by staff and the Planning
Commission and come back to the Council as an amendment to the zoning
amendment they are considering tonight.
Councilmembers suggested possible modifications that they would like to the
ordinance.
Councilmember Senjem noted that under —C- Lot Development Standards, the
following changes be made to item #3 to read: "The longest side of a manufactured
home fronting on a roadway and any accessory structures shall be setback from
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RECORD OF" OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5375
Adjourned Meeting No. 27 — October 5, 1998
the edge of the paved surface of a private roadway or the right of way of a public
street at least 20 feet." The next sentence should be deleted.
Councilmember Stobaugh asked that an amendment be made as to owner -
occupied units like any other townhome.
President Hunziker summarized the Council's thoughts as: When people are
looking at a manufactured home, they are looking at a house manufactured in a
factory but that look similar to the rest of the homes that are stick -built in the
neighborhood. Many of the houses in the neighborhoods have the doors facing the
street. Mention has been made of a minimum lot size that would be large enough
to allow a garage to be put on the lot at some time. A resident of a manufactured
home owns the lot that the home is sited on. The Council would like to have
manufactured homes placed on permanent foundations. Manufactured homes
should not all look the same; some variety in styles and colors of homes. The
density factor should be looked at more closely. He asked the staff to look at these
factors and other site restrictions which might be factored into the ordinance.
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to direct the staff to prepare
language relative to additional site restrictions pertaining to the R-1 x zoning district.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to initiate rezoning of the 11
existing or approved Performance Residential Development (townhome projects)
located in the R-1 zoning district to the new R-1 x zoning district. Ayes (7), Nays
(0). Motion carried.
D-2 A Hearing on Type III, Phase II, Land Subdivision Permit #98-23 by R & L
Partnership to be known as Greenhaven at Willow Creek First Addition.
Wishing to -be heard was Mark Walsh, 15545 Old Territory Road, Chatfield,
representing the developer and engineering company. He noted that they are
working with the Planning and Zoning Commission recommendations; they are in
agreement with the conditions. They are currently working with the Public Works
Department on the 48t' Street improvement as well.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, McConnell seconded, to approve Type III, Phase
II, Land Subdivision Permit 998-23 by R & L Partnership to be known as
Greenhaven at Willow Creek First Addition and instruct the City Attorney to prepare
Findings of Fact, Conclusions of Law, and Order. Discussion.
Mike Nigbur, Public Works Department, noted that the City has been in contact with
Rochester Township on the procedure for transfer of 48t' Street S.W. to the City.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5376 Adjourned Meeting No. 27—-Qrtabef 51998-
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Councilmember Senjem questioned the need for more land for a more major street
for future such as a South Circle Drive. Ayes (6), Nays (1). Motion carried.
Councilmember Senjem voted nay.
A Hearing on Vacation Petition #98-17 by David and Beatrice Bishop to vacate the
8 foot utility easement located on the west side of Lots 4, 5, and 6, Block 1, Graham
Addition and the northerly extension of this utility easement 21 feet into Lot 4, Block
1, South Zumbro Plaza.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant
and available to answer any questions of the Council.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
613-98 approving Vacation Petition #98-17 by David and Beatrice Bishop with one
condition. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II, Land Subdivision Permit #98-25 to be known as
Broadway Commons Subdivision.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicarit.
He noted that they were in agreement with the six conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hruska seconded, to approve Type III, Phase
II, Land Subdivision Permit #98-25 to be known as Broadway Commons
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 Final Plat #98-27 to be known as Glenview Townhomes.
Richard Freese, Director of Public Works, noted that they will be holding a meeting
with the developer to resolve the remaining drainage issues.
Wishing to be heard was Robert. Wenner, 828 26t' Street N.E., President of
Glendale Townhomes II Association, and Leon Andrist, 783 26t' Street N.E.,
President of President of Glendale Townhomes I Association. Mr. Wenner spoke
for both individuals, and for 20 other residents of the townhome corporations. Their
townhomes were developed and built by Robert Gill and Dick Hexum, Glendale
Partners. They asked that one other condition be placed on the plat; that drainage,
erosion and grading problems be corrected on the existing Glendale I and II
complexes and the north property line of Glendale II and I Association. The issues
have been unresolved over the past two years.
Terry Adkins, City Attorney, stated that Section 61.236 of the Land Development
Manual criteria does not allow for placing an additional condition on the plat being
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Adjourned Meeting No. 27 — October 5, 1998
Considered. However, the Council can take action to assure itself a developer will
honor conditions placed on a plat. He suggested that the item be tabled so that
when the condition related to a previously -approved plat, the developer can report
back on the compliance with other plat conditions.
Wishing to be heard was Bob Gill, Developer for the Final Plat to be known as
Glenview Townhomes. Mr Gill noted that they have not corrected everything at the
Glendale Townhomes site but have been working with the Public Works
Department. The area has changed and may not be sufficient to take care of the
drainage. Storm sewer drainage in North Hills Subdivision is draining into the area
which no one was aware of. Mr. Gill did not see the reason why the tabling action
should be taken. He is trying to regrade in Glendale Townhomes but is not being
given the proper directions for the work.
Having no one further wishing to be heard, President Hunziker closed.the hearing..
Councilmembers Senjem moved, McConnell seconded, to table Final Plat #98-27
to be known as Glenview Townhomes to October 19, 1998. Ayes (7), Nays (0).
Motion carried.
D-6 A Hearing on Annexation by Ordinance Petition #98-12 by the residents of the
following addresses: 2147, 2205, 2211, 2217, 2223, 2229, 2305, 2313, 2321,
2510, 2514, 2723, 2729, 2824 Pinewood Road S.E., 2405 22nd Avenue S.E., 2421
23rd Avenue S.E., and 2427 23`d Avenue S.E., Section 18, Marion Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation by
Ordinance Petition #98-12. Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers McConnell moved, Stobaugh
seconded, to recess the meeting to 4:15 P.M. on October 12, 1998. Ayes (7), Nays
(0). Motion carried.
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City Clerk