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HomeMy WebLinkAbout06-16-1997RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -498A Agenda Item A-1 B-1 B-2 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 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, Walter Stobaugh. Absent: Councilmember Ed Hruska. A Hearing on Amending the Rochester Home Rule Charter to allow the City Attorney to make non -substantive editorial changes to the Charter. Wishing to be heard was Jim Engh, member of the Charter Commission. Mr. Engh urged the Council to adopt the ordinance to amend the charter allowing the City Attorney to make non -substantive changes. He noted that the decision to do so was unanimous by the Charter Commission. Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W. asked that if changes would be made, would the changes be on record. Mr. Engh assured Mr. Nelsen that all changes are kept by the City Attorney's Office for the record. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve amending the Rochester Home Rule Charter allow the City Attorney to make non -substantive editorial changes and instruct the City Attorney to prepare an ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing On Zoning Ordinance Amendment #97-3 to address the removal of advertising signs pending permit issuance and to extend the review time provided to staff for permit reviewal. Councilmembers Marcoux moved, Stobaugh seconded, to continue the hearing until July 7, 1997. This item has been scheduled for a Committee of the Whole meeting on June 23, 1997. Ayes (6), Nays (0). Motion carried. B-3 IA Hearing on Type III, Phase II, Land Subdivision Permit #97-18 by White Oaks Development Corporation to be known as White Oaks Second Subdivision. Wishing to be heard was Louis Yockey, McGhie & Betts, present and available for questions from the Council. He noted that the grading plan in question had been turned into the Public Works Department and they were awaiting approval. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to approve Type III, Phase Il, Land Subdivision Permit #97-18 by White Oaks Development Corporation to be known as White Oaks Second Subdivision with two conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 4983 Agenda Item B-4 A Hearing on Type III, Phase ll, Land Subdivision Permit #97-17 by J. M. Hamilton to be known as Circle Drive Corporate Park. Wishing to be heard was Mac Hamilton, 410 60th Avenue S.W., developer of the property. Mr. Hamilton noted that the cul-de-sac plan needs to be approved at this time as he has no right to say anything about the property to the south. They have been working with the property owners to provide a roadway connection to West Circle Drive. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve Type III, Phase II, Land Subdivision Permit #97-17 by J. M. Hamilton to be known as Circle Drive Corporate Park with four conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. By consensus of the Council a fifth condition was added; i.e.., "Revise the plat to address the extension of utilities southward to the Clemens property. This effort shall be coordinated with Rochester Public Works" Ayes (6), Nays (0). Motion carried. B-5 A Hearing on Final Plat #97-14 to be known as Wedgewood Hills Subdivision. Wishing to be heard was Louis Yockey, McGhie & Betts, making himself available for questions of the Council. He noted that the five conditions were acceptable to the developer. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 314-97 approving Final Plat #97-14 to be known as Wedgewood Hills Subdivision with five conditions as recommended by the Planning Staff. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on Final Plat (Revised) #97-6 to be known, as Rochester Technology Park. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 315-97 approving Final Plat #97-6 to be known as Rochester Technology Park with two conditions as recommended by the Planning Staff. Ayes (6), Nays (0). Motion carried. B-7 A Hearing on Type III, Phase II Land Subdivision Permit #97-16 by Michael Younge to be known as Lincolnshire North First Subdivision. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 9 8 4 Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded,to approve Type III, Phase II Land Subdivision Permit #97-16 by Michael Younge to be known as Lincolnshire North First Subdivision with five conditions as recommended by the Planning Commission and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. B-8 A Hearing on General Development Plan #126 by Fineshelter Group to be known as Hy-Vee Store. Wishing to be heard was Dan Berndt, 505 Marquette Bank Building, representing Fineshelter Development Company and Hy-Vee Stores, Inc. Mr. Berndt summarized the proceedings that led to General Development Plan #126 by Hy-Vee Stores starting in May of 1996 with the options of the properties of 1st Baptist Church and Dave Bishop lands. He noted that they have worked within the boundaries of the Land Development and Zoning Manual for the City of Rochester and in many cases have exceeded all City requirements. They have also tried to work with the neighbors but have found that they will not meet further. They had agreed to the project and now had changed their minds. Wishing to be heard was Bill Tointon, McGhie & Betts, 1648 Third Avenue S.E., representing Fineshelter and Hy-Vee Stores, Inc. He also mentioned that they have worked within the Land Development Manual for the 11 acres of development and have met all of the criteria. He noted that the construction of the Fourth Avenue intersection is not involved in the General Development Plan. Mr. Tointon described the property development of the Hy-Vee Store in detail noting parking, the bordering of parkland on the West and South, drainage east to west, recessed loading docks and parking facilities for 566 cars. He noted that there is only one egress and ingress at the northeast corner that will be used. He also noted that the Bishop property may be used for retail in the future and will use the private drive as well. Mr. Tointon then described the landscaping that will be placed around the perimeter of the development. The project is to be started in 1997 and completed in 1998. Councilmember McConnell noted that approximately one month ago he met in the offices of McGhie & Betts with the developers about the project. He stated that at that time he recalled a development in the same location with boats and cars that was defeated because of neighborhood opposition. Mr. McConnell said that at this particular meeting with the developers it was said to him that the neighborhood was behind the plan of Fineshelter and enthusiastic about the project. Mr. Tointon refuted the statement by saying that the US Auto and Marine project was substantially different from this one because it went to 14th Street to the South which at that time was not owned by the Church ... it went an additional 450 feet to the south. Mr. Tointon also said that he did not say that he had meetings with the neighborhoods. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 4 9 8 5 Agenda Item Councilmember Evans asked Mr. Tointon what the outlot in the upper right hand corner of the drawing was. Mr. Tointon answered that it was the City's property if the GDP is approved and the land condemned to be used for right-of-way for 12th Street and TH14. Councilmember Evans then asked about the proposed restaurant and why it was not proposed at the time of rezoning. Mr. Tointon stated that it was not known at that time but identified as such because it might be and would constitute a high traffic impact area. Councilmember Evans asked why the failure of the project in 1989. Mr. Tointon stated that his recollection was that the Council did not want any access through the neighborhood from 14th Street S.W. and no noise from boat and motor testing on the south side of the development which would protrude into the neighborhood, the outdoor PA system and expansion of the facility. Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W. Mr. Driscoll stated that they neighborhood had not gone back on their agreement; the neighborhood had authorized a representative group to act on their behalf but only in relationship to the traffic impact plan. We agreed with the developer that some of the items, that he talked about in regard to the development (border, etc.) seemed reasonable but only agreed on the traffic plan. He stated that he still supports the traffic plan if the project is going to go through but still does not think the development belongs in the neighborhood. Mr. Driscoll also noted that they had asked that the cul-de-sac be moved further north to prevent further commercial development in the neighborhood. He is against the project because it is too big; it should be made smaller to fit with the neighborhood. Wishing to be heard was John Boeker, 1403 Fifth Avenue S.W., 420 feet from the south edge of the project and the closest house to the development. He stated that the neighborhood is in agreement that they are in opposition to any large scale 24-hour development encroaching into their sight, sound and sleep. We were told to work with the developer; the agreement being talked about was given to us as we walked into the last council meeting; we had no review time. Mr. Boeker then showed pictures of another Hy-Vee store in Iowa City where the loading dock is only 200 feet from a single family dwelling. The developer has stated that the loading dock in the Rochester Hy-Vee cannot be moved to the west side facing the river. An April 21st letter from MNDOT expresses concern of only one ingress and egress from the Hy-Vee parking lot. He asked that the City make sure that there is to be no additional exit from the south or east from the development which would greatly impact additional traffic generation. Wishing to be heard was Nancy Patterson, 1545 Fourth Avenue S.W. Last November the project would have been approved but for the lack of notification of Crossroads not to mention the neighborhood. We were told not to worry because there were many hoops prior to the development becoming approved. She expressed concern about the extension of 14th Avenue once traffic exceeds expectations. The project has become much bigger than initially known. We were told at Planning that when the project came to the General Development Plan, if it was not workable for the neighborhood it would not be approved. It is now time to be accountable. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4986 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item Wishing to be heard was Sally Esterhay, 816 Memorial Parkway. Ms. Esterhay noted that she was not against progress nor commercial development but that she was against destruction. Between Crossroads, Apache Mall and the Fairgrounds, traffic will choke out this neighborhood. She stated that she was afraid that the traffic would affect her neighborhood as well; the project doesn't belong on this particular property. Wishing to be heard was Gary Wick, 1409 Fifth Avenue S.W. Mr. Wick is 500 feet from the south edge of the proposed development . Presently Zumbro Park South contains no fences, concrete, lights or traffic; only green. The project will develop into a strip mall as more land is taken. The worst thing in your neighborhood is a 24-hour business. Two neighbors have moved from the area already because of the proposed development. Wishing to be heard was Carla O'Neill, 522 16th Street S.W. She related that her parents had built the house in the neighborhood and she has now moved back to it. There are many people who have moved back to the neighborhood where they grew up. The neighborhood is now being destroyed. The first meeting she attended she was told to keep an open mind. Fineshelter could be building modest homes, not low-income and use commercial as a buffer. The theme of Rochesterfest this year is The Neighborhood. Wishing to be heard was Mike Williams, 1432 Fifth Avenue S.W. He noted that on the east and south sides of the development there is extensive landscaping that includes walls, berms, trees, etc. with some landscaping on the west along the bike path. Mr. Williams stated that if the project wasn't so large, all of this extensive landscaping wouldn't be needed. He also stated that through all of the meetings he had not heard one person supporting that the project that didn't have a financial interest in the project or sat on the Council. Wishing to be heard was Daniel Meyer, 1303 Third Avenue S.W. and owning property also at 1309 Fourth Avenue S.W., directly east of the project. He lives along Third Avenue looking at the back of the Crossroads Shopping Center. He sees and hears delivery trucks, garbage trucks and other traffic delivering to the stores at all hours of the day and night. He also has debris being blown onto his property from the Crossroads at all times. The trucks servicing Hy-Vee will be coming along his other property on Fourth Avenue. He is concerned about maintaining the same level of clientele that now rent his apartments. He was also concerned about the parking lot on the Bishop property. He also noted that there are plans to have a sidewalk running through his property from the Hy-Vee to the Crossroads Developments. Mr. Tointon noted that an outlot exists on the original plat of Graham Addition for purposes of public use. At some of the neighborhood meetings it was asked to put a sidewalk in; however, it is something that can be removed from the development. Wishing to be heard was Dave Patterson, 1545 Fifth Avenue S.W. Mr. Patterson noted that he feels that perhaps there are some problems with the Land Development Manual because if the criteria is followed, the Council is to consider only the 11 acres involved within the boundaries of the development. Only Mr. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 4 9 7 Agenda Item Berndt and Mr. Tointon have been allowed to talk about outside the boundaries, he finds fault with that. As a member of the steering committee, I did not meet at the last meeting prior to the Council meeting with the developers and other members of the steering committee. I believe that the meeting was inappropriate to hold at the last minute and ask the members to sign an agreement that they had not had a chance to review. One important part of the development concerns the intersection of Third Avenue and 14th Street behind Crossroads Shopping Center and the discussions by the Public Works Department to lessen traffic to the south through the use of chokers. If it were developed as talked about, it is not a functional plan for the truck traffic to the back of the Crossroads Shopping Center. This is the only buffer between the neighborhood and the Hy- Vee Store fronting 16th Street north and/or south. The Planning Commission added the condition that the developer and the Crossroads Shopping Center figure out the intersection; they did not include the neighborhood. Wishing to be heard was Tom Blondell, 4350 Salem Road S.W. Mr. Blondell was concerned about the entrance to the Hy-Vee complex and the availability to get fire and other emergency vehicles into the area and out again. Wishing to be heard was Mrs. Goldman, 1147 1st Street S.W. Mr. Goldman stated that he has a moral interest in the issue because of a motel development in their neighborhood. How can someone vote for it if the residents don't want it. Wishing to be heard was Corene Bernatz, 681 16th Street S.W., making a response to Mayor Canfield's comment... who has the most money wins. Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W., noting that he felt a moral obligation in being at the meeting. He quoted a letter to the editor of the Pioneer Press saying that the pledge of allegiance to the Flag is "For Liberty and Justice for All". He felt that the Councilmembers took a pledge to uphold the justice for all. He also stated that he was at a meeting of the Planning Commission where one of the members said "I think we made a mistake, we should redo this". He doesn't think that the taxpayers are on a level playing field with the developers. He also was concerned that one of the largest developers in the City chairs the Planning Commission and creates a conflict of interest. Wishing to be heard was Kathryn Wick, 1409 Fifth Avenue S.W. She felt that the development would destroy the character of Zumbro Park South and wanted to know if the City was giving any parkland to the development. She was told no. Wishing to be heard was Flo Sandok, 1516 13th Avenue N.E. Mrs. Sandok stated that she was not from the neighborhood but felt that as a principle neighbors should stick together. She noted that if it is question if the zoning was wrong and the laws needing changing, they should be changed. Who needs another grocery store in the area. Who will it benefit. Wishing to be heard was Sue Schockey, 1300 Seventh Street N.E. Ms. Schockey stated that she was from an older established neighborhood and thinks it is in the interest of all to protect the older neighborhoods and the green RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item spaces; and if we need to go back and fix what we have done, we need to do so. Wishing to be heard was Dan Berndt, 505 Marquette Building. Mr. Berndt noted that they appeared as landowners and property owners and have adhered to the City's rules and conditions. He noted that the landscaping issues will be enforced by the staff. They have never nor will be planning an east or south entrance to the development and; if the Council desires, that can be made as a condition. The question of the sidewalk running by Windsor Court can be removed if the Council desires. The traffic impact issues have been approved by the Council at a previous meeting. If there are issues there that don't need to be done (whether it be 3rd Avenue or 14th Street) that may be acceptable. The report was prepared by a private consultant and engineer for the purpose of demonstrating to the developer and owner that traffic access to the site is acceptable. Wishing to be heard was Terry Driscoll, 1403 4th Avenue S.W., stating that all of the meetings that he had been to the developers or their representatives spoke first and then got to summarize what the comments had been; he expects a level playing field. Wishing to be heard was George Restovich, 710 11th Street S.W. Mr. Restovich represents the neighborhood but felt that the residents should be the ones coming before the Council to express their concerns. He stated that the development will be an asphalt jungle; everything hadn't come together like they were told it would. He asked the Council to vote their conscience... it is their job. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #126 by Fineshelter Group to be known as Hy-Vee with the six findings and three conditions of the Planning Commission and add a condition that there be no further vehicle access from Fourth, Fifth or 6th Avenues to the south or east and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Richard Freese, Public Works Director, noted that the issue of the Third Avenue and 14th Street choker still needs to be addressed by the Planning Commission. Councilmember McConnell stated that the project fits the demand of the developers and not the residents of the neighborhood. Councilmember McConnell noted that the November 19, 1996 minutes of record do not reflect Mr. Driscoll's testimony, which is clear on the audio tape, asking for the legal requirement for neighborhood compatibility. There was no explanation given. He noted further in the minutes it stated that after the testimony had been heard and the hearing closed there was discussion that Council would like to see the developers work closely with the neighbors and other businesses to try to come together and work out the problems. He says that it was also noted that "if the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 49�9 Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item problems were not worked out, the GDP would not be approved". Councilmember Evans expressed concern that the motion to approve was made so quickly. He stated that he felt that it was a "done deal'. He did not feel that the entire neighborhood should have to change when a commercial development is brought in. Councilmember Senjem stated that the criteria in .the Land Development Manual had been met by the developers in this instance and it was time to move forward. He said that he had to look at his role in government and made the choice based on the criteria being followed all the way. Councilmember Stobaugh stated that he looked at all the issues; i.e., notification for public meetings increased from 350 feet to 500 feet, the traffic impact report, the intersection from Highway 14 and the choker on 3rd Avenue and 14th Street. He felt that he needed to make his decision on the rules and not on emotion. Councilmember Marcoux stated that the easiest way would be to vote emotions. It is the right of everyone to own property and we need rules, ordinances and criteria in place to keep the biases out. Councilmember McConnell stated that he would be leaving the meeting after the vote as he would not be part of any more of this. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Councilmember McConnell left the meeting at 10:18 P.M. C-2, Councilmembers Stobaugh moved, Marcoux seconded, to approve the following 7-10, consent agenda items: 12, 13 C-1 (See End of C Section) C-2 Adopt Resolution No. 316-97 authorizing the City Clerk to advertise for bids for Project No. J-6922 "Roof and Window Replacement on Terminal Building and Service Building". C-3-4, (See End of C Section) 5-6 C-7 Approve Accounts Payable in the amount of $1,401,397.66. C-8 Adopt Resolution No. 317-97 closing completed tax increment projects and transferring unexpended balances pursuant to the City Charter, Section 11.10. C-9 Adopt Resolution No. 318-97 authorizing the Mayor and Council President to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4990 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item C-10 C-11 C-12 C-13 C-1 C-3 sign Form LPA-Cl-Revised, Certification of Local Performance Measures for Local Performance Aid payable in 1998. Adopt Resolution No. 319-97 authorizing the Director of Employee Relations to sign the Work -Study Agreement with Rochester Community and Technical College for summer 1997 and the school year of 1997-1998. (See End of C Section) Adopt the following resolutions for Project No. 9711 (J-9432) "Construction of Permanent Road Surface on 60th Street S.W. from TH 63 South to West End of 60th Street and 11th Avenue S.W. from 48th Street S.W. to County Road 16": Resolution No. 320-97 - Referring the improvement petition to Council and order a feasibility report. Resolution No. 321-97 - Receiving the feasibility report and ordering a public hearing and directing preparation of plans and specifications. Resolution No. 322-97 - Declaring the cost of improvements. Resolution No. 323-97 - Ordering a public hearing on the proposed assessment. Adopt Resolution No. 324-97 authorizing the City Clerk to advertise for bids for "Concrete Roof Repairs" at the Water Reclamation Plant. Ayes (5), Nays (0). Motion carried. Councilmember Marcoux asked that the minutes of the June 2, 1997 meeting be amended for the C items showing that she abstained from the voting due to a conflict of interest. Councilmember Marcoux moved, Stobaugh seconded, to approve the minutes of the May 27 and June 2, 1997 meetings. Ayes (5), Nays (0). Motion carried. Councilmembers were concerned about the number of sound amplification permits asked for by Rookies Sports Grill and Bar for outdoor entertainment. They were informed that Rookies would be using the Park Department bandshell to keep the noise from broadcasting and also would be lowering the volume at 10:00 P.M.; the bands would cease playing at 11:00 P.M. City Attorney Terry Adkins pointed out that John Verona, Hildebrand's Midway of Fun, had asked for waiver of the required license fee. He recommended that the fee not be waived in this instance based on past policy of not waiving fees for carnivals or circuses. Council did not grant the waiver of the license fee. Councilmembers Stobaugh moved, Senjem seconded, to approve the licenses and miscellaneous activities. Ayes (5), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular A(joOrned lVfeeng Nd. T5N)une 19, 1997 4991 Agenda Item Councilmembers Stobaugh moved, Senjem seconded, to approve the fireworks events for July 4th and 5th for Rochester Post Bulletin Charities on the condition that the City receive a copy of the contract between the Post -Bulletin Charities and J&M Displays and approve the fireworks display at the Rochester Country Club. Ayes (5), Nays (0). Motion carried. C-5 Councilmember Stobaugh asked that Civic Music encourage people to park in the ramps during the Down by the Riverside concerts. He noted the residential parking permit areas that may cause participants in the concerts to receive parking tickets. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 325-97 approving the sound amplification permit for the Down By the Riverside concerts sponsored by Rochester Civic Music. Ayes (5), Nays (0). Motion carried. C-6 Item E-8 of the April 21 st meeting dealt with the revised animal ordinance for the City of Rochester. Subd. 6 dealt with the issue of allowing dogs to be off leash and to come "on command" to the owner. Councilmember Stobaugh noted that he had many calls asking that this provision be deleted and to maintain the old section to keep dogs leashed at all times. Councilmember Stobaugh's amendment to the motion failed for lack of a second. Councilmembers Stobaugh moved, Evans seconded, to amend the minutes of the April 21, 1997 meeting for Item E-8 dealing with the revised animal ordinance for the City of Rochester. Ayes (5), Nays (0). Motion carried. C-11 Councilmembers Senjem moved, Evans seconded, to accept the contributions to the Police Reserve Bike Patrol from Jean McConnell and Fern Holt as well as other businesses and members of the community. Ayes (5), Nays (0). Motion carried. D-1 I No one wished to speak to the Council. E-1 Councilmembers asked as to the possibility of the owners taking action against the City for the taking by eminent domain. Terry Adkins, City Attorney, replied that it could be possible; Hy-Vee would be paying all costs associated with any lawsuit. Councilmember Senjem asked about the pedestrian walkway from the cul-de-sac on 4th Avenue SW to the project site; Terry Adkins stated that the agreement with the Crossroads Neighborhood Association and Fineshelter could be amended at a later date. Terry Driscoll, 1403 Fourth Avenue S.W., stated that he would ask the steering committee whether it should remain or be removed and provide the answer so that the agreement could be amended at a Council meeting. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No. 326-97 entering into a development agreement with Hy-Vee Corporation for the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4992 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 taking of the car wash property through the use of eminent domain. Ayes (4), Nays (1). Motion carried. Councilmember Evans voted nay saying that he could not take the car wash property. Councilmember Marcoux moved, Stobaugh seconded, to adopt the resolution entering into the development agreement with Hy-Vee Corporation to have the Hy-Vee Corporation pay for all traffic improvements associated with the proposed project. Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to approve the reclassification of the Deputy City Clerk position to a Senior Clerk Typist level and authorize the filling of the position. Ayes (5), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to approve the increase in the license fees for Contractor and Master Installer for Heating, Ventilating and Air -Conditioning to $75.00 and $36.00 respectively from $55.00 and $24.00 per year and instruct the City Attorney to prepare an ordinance for adoption. Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 327-97 retaining Barr Engineering for Flood Insurance Study review services at a cost not to exceed $14,000. Ayes (5), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 328-97 authorizing the Community Housing Partnership's participation in the MHFA Community Rehabilitation Fund Program and direct the City to send a letter of support delineating some of the accomplishments of the Housing Partnership that might better support their application and their impact on the community and thank them for their continued work. Ayes (5), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 329-97 executing the development agreement with PEMSTAR for a Minnesota Investment Fund (MIF) Grant. Ayes (5), Nays (0). Motion carried. The Council asked Tim Doran, 2118 Northern Lane N.E., to speak regarding pickup of waste on the 4th of July as a trial for picking up of trash on holidays that fall into the work week. Mr. Doran stated that his workers had asked him to approach the Council with the idea. He has also obtaining the support of the other trash haulers in the area as well as the Olmsted Waste -to -Energy facility. The program will be evaluated after the 4th of July to see if it would be feasible during other holidays. Councilmembers Senjem moved, Marcoux seconded, to approve the pickup and disposal of waste on a trial basis on July 4th, 1997 and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (5), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Adjouurned 1Vfeeting Nd. 15N June 16, 1997 4993 Agenda Item Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 330-97 awarding the contract for Project No. 6255-94 (J-9270) 'Reconstruct 55th Street N.W. from Fairway Drive to 50th Avenue N.W." for $457,311.30 to Rochester Sand and Gravel, Inc. of Rochester and authorize the transfer of $220,000 from the Future Construction Account to fully fund the project. Ayes (5), Nays (0). Motion carried. E-9 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 331-97 authorizing the Mayor and City Clerk to enter into the Utility Connection Agreement with The Trustee of Walter H. Paulson, the Marquette Trust Company, for property located at 1620 6th Avenue S.W, Plat 3831, Parcel 001000 for Project No. J-8185 "Apache Water Tower" and Project No. J-8359 "Bible College Trunkline Sanitary Sewer" and instruct the City Clerk to record the Agreement with the Olmsted County Recorder. Ayes (5), Nays (0). Motion carried. E-10 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 332- 97 authorizing the Mayor and City Clerk to enter into the Utility Connection Agreement with Mr. and Mrs. Mark L. Jereczek, for property located at 1621 6th Avenue S.W, Plat 3831, Parcel 000900 for Project No. J-8185 "Apache Water Tower" and Project No. J-8359 'Bible College Trunkline Sanitary Sewer" and instruct the City Clerk to record the Agreement with the Olmsted County Recorder. Ayes (5), Nays (0). Motion carried. E-11 Councilmembers Marcoux moved, Stobaugh seconded, to approve the conversion of the frontage roads of TH 52 from two-way traffic to one-way traffic and vice -versa. Discussion. Councilmembers asked if a public hearing would be in order because of the number of businesses affected by the proposed change. Richard Freese, Public Works Director, noted that in May of 1996 a layout plan for changes was approved with MNDOT. The plan has just been formalized and an informational meeting will be held on July 7th, 1997. Councilmembers Marcoux moved, Stobaugh seconded, to table the issue until the July 21 st Council meeting. Ayes (5), Nays (0). Motion carried. E-12 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 333-97 awarding the bids for Project No. 9751 (J-6361) "Installation of a Traffic Signal on 11th Avenue N.W. at the East Frontage Road of TH52" to Nietz Electric in the amount of $73,900.00. Ayes (5), Nays (0). Motion carried. E-13 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 334-97 amending the Comprehensive Traffic and Parking Resolution Book as follows: Adding Paragraph (8) to section A - Angle Parking to read: (8) First Avenue SW, on both sides from 3rd Street to 6th Street Ir 4994 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-14 F-2a F-2b F-2c F-3a F-3b Amending paragraph (10) of section I "Metered Parking (Zone E - 90 minute meters)" to read: (10) First Avenue SW on both sides from 3rd Street to 4th Street Amending paragraph (4) of section I "Metered Parking (Zone J - 10 hour meters)" to read: (4) First Avenue SW on both sides from 4th Street to Soldiers Field Memorial Park Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 335-97 accepting the low bid of Doyle Conner Company for $42,598.50 for Sidewalk Replacement Project No. 4-1997 (J-9418) 'Replacement of Sidewalk at various locations: 25th Avenue N.W., 55th Street to 62nd Street; 38th Street N.W., 18th Avenue to 19th Avenue; 37th Street N.W., 18th Avenue to 21st Avenue; 14th Avenue and 15th Avenue N.W., Elton Hills Drive to Cascade Street N.W.; 26th Street N.W., 14th Avenue to 15th Avenue; Folwell Drive/18th Avenue S.W., Highway 52 to 22nd Avenue N.W.; Walden Lane S.W., Folwell Drive to Skyline Drive and Miscellaneous locations on 19th Street N.W." Ayes (5), Nays (0). Motion carried. An Ordinance Creating Section 2.02 of the Home Rule Charter of the City of Rochester, Providing Authority for the City Attorney to Make Non -substantive Editorial Changes to the Language of the Charter and Requiring the City Attorney to Keep Record of the Revisions and To Keep the Charter Current With Amendments, was given a first reading. An Ordinance Amending and Reenacting Section 53.03 of the Rochester Code of Ordinances Relating to Licenses Fees for Contractors and Master Installers Licenses, was given a first reading. An Ordinance Creating and Enacting Subdivision 4 of Section 141.23 of the Rochester Code of Ordinances, Relating to the Schedule and Hours of Refuse Collection, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (5), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subsection 1 of Section 62.727 of the Rochester Code of Ordinances, Relating to Residential Uses in the Central Development Core, was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 2.7 Acres of Land Located in the South Half of the Southwest Quarter of Section 21, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regula�ddjo�rnedlVfeenglvd.NNJune�l�, 1997 4995 1 Agenda Item F-3c F-3d F-4a G-1 second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 6.54 Acres of. Land Located in the East Half of the Northwest Quarter of Section 9, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 31.9 Acres of Land Located in the South Half of the Northwest Quarter of Section 9, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 336-97 approving a City -Owner Contract with Golfview Development LLC and S.L. Contracting for Project No. J-9417 "Basic Construction in Golfview Estates Third Subdivision, Phase I (Lots 16-23, Block 1; Lots 8-25, Block 2; and Lots 1, 2, & 3, Block 3). Ayes (5), Nays (0). Motion carried. Rochester Urban Service Area Land Use Plan Amendment #97-1 by Carpenter & Torgerson LLP to amend the land use plan designation from "medium density residential" to the "commercial" designation upon property located along the south side of 1st Street S.W. on the block between 11th Avenue S.W. and 12th Avenue S.W. Councilmembers Evans moved, Stobaugh seconded, to remove the item from the table. Ayes (5), Nays (0). Motion carried. Councilmember Marcoux moved, Stobaugh seconded, to approve Rochester Urban Service Area Land Use Plan Amendment #97-1 by Carpenter & Torgerson LLP and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Wishing to be heard was Mrs. Goldman, 1147 First Street S.W., asking whether the Council intended to rezone the entire block of 1st Street S.W. from residential to commercial. Phil Wheeler, Planning and Zoning Department, answered her no, that they were handling zoning requests on a case -by -case basis because the land use plan wasn't in place. Wishing to be heard was Joe Goldman, 1147 First Street S.W., objecting to the size and scope of the project because it will restrict the view, alternative traffic pattern, noise, etc. He stated that although some concessions have been made by the developer he still had questions regarding the parking and about the existing buildings that need to be demolished. Mr. Goldman stated that Mr. Carpenter owns these structures, which house many people, and are not up to code at the present time. These homes need cleaning up immediately or immediate demolition. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4996 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 15 - June 16. 1997 Agenda Item G-2 G-3 Wishing to be heard was Marc Carpenter, Villager Inn. Mr. Carpenter has been a businessman in Rochester for over 40 years. He presently owns the houses in question saying that they were 60 to 100 years old and grandfathered in under the City Ordinances. Wishing to be heard was John Hafner, JSS Architects, 1205 16th Street S.W., project manager and architect for the project. Mr. Hafner stated that they are ready to demolish the buildings. He also spoke of the additional parking stalls that are to be provided in the project which was taken from some of the green space. Mr. Hafner asked that the Council waive the Final Plan review because it has been before the Council on three occasions. Phil Wheeler pointed out that 90% parking must be provided; the four additional parking spaces would bring that number of 95%. Councilmember Senjem was concerned about employee parking He also suggested alternate wording for the first finding on the land use plan change to read: "In this instance, the property proposed for amendment is part of a continuous area of commercial use extending along Second Street S.W. and arterial from 11th Avenue S.W. to collector at 16th Street S.W. The property does have access to higher level streets". Councilmember Senjem does not feel that this project does not meet the location criteria as specified in the Land Use Manual. Ayes (4), Nays (1). Motion carried. Councilmember Senjem voted nay. Type III, Phase II Zoning District Amendment #97-3 by Carpenter & Torgerson LLP to rezone the property from the R-3 district to the B-1 district upon property located along the south side of 1 st street S.W. on the block between 11 th Avenue S.W. and 12th Avenue S.W. Councilmembers Stobaugh moved, Marcoux seconded, to remove the item from the table. Ayes (5), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to approve Zoning District amendment #97-3 with four findings of the Planning and Zoning Commission and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (1). Motion carried. Councilmember Senjem voted nay. Type III, Phase II Incentive Development Preliminary Plan Conditional Use Permit #97-7 and Site Planning Permit by Carpenter & Torgerson LLP to permit the construction of a 4-story, 86-unit hotel upon property located along the south side of 1st street S.W. on the block between 11th Avenue S.W. and 12th Avenue S.W. Councilmembers Stobaugh moved, Marcoux seconded, to remove the item from the table. Ayes (5), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item H-1 a H-1 b H-1 c Regular AdjoOrned MeeVI ngd. T 5N NJune 19, 1997 4997 Mr. Mark Carpenter, Villager Inn, noted that there would not be any signage on the north side of the building. Councilmembers had questions about the traffic flow through the alleys not affected by the project and suggestions were made for designations as one ways. Mike Nigbur, Public Works Department, suggested that we look at the traffic patterns and then make a modification if necessary. John Hefner, JSS Architects, explained what the exterior of the building would look like and the materials to be used. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 337-97 approving Incentive Development Preliminary Plan Conditional Use Permit #97-7 and Site Planning Permit by Carpenter & Torgerson with seven conditions as recommended by the Planning Staff. Discussion. Mr. Carpenter was asked when his plans were to demolish the houses. He stated that all would be demolished, with the exception of one, by the 15th of August. Mr. Stobaugh noted that it will have an impact on the neighborhood and suggested that they be demolished immediately. Ayes (4), Nays (1). Motion carried. Councilmember Senjem voted nay. Councilmembers Senjem moved, Evans seconded, to waive the Final Plan phase of the Incentive Development Request. The developer agrees that the houses on 1st Street S.W. will be vacated by August 1st, 1997. Ayes (5), Nays (0). Motion carried. An Ordinance Rezoning Certain Property 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. (Carpenter & Torgerson, Fairfield Suites Hotel) An Amendment to Section 5, Minnesota Statutes 1996, section 462.357 will allow manufactured home parks being conditional uses in several zoning districts where they are not currently permitted and have a significant impact on the Rochester Land Development Manual and Zoning Ordinance. Councilmembers Evans moved, Marcoux seconded, to instruct the City Attorney to prepare an Interim Ordinance regulating the placement of manufactured homes parks in the City to allow for a study to address the uses in other zoning districts. Ayes (5), Nays (0). Motion carried. An Ordinance Creating Section 66.103 of the Rochester Code of Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the Placement of Manufactured Home Parks Within the City, was given a first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4998 Regular Adjourned Meeting No. 15 - June 16, 1997 Agenda Item Having no further business, Councilmembers Evans moved, Marcoux seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. City Clerk C