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HomeMy WebLinkAbout12-01-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5121 Regular Meeting No. 27 - December 1, 1997 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. B-1 A Hearing on Annexation by Ordinance Petition #97-22 by Thomas and Margaret Bigalke to annex 2.5 acres of land located along the north side of 55th Street NW and the west side of Chateau Road NW; legally described as Lot 2, Block 5, 55th Street Estates Subdivision, Section 9, Cascade Township. Wishing to be heard was Tom Bigalke, petitioner. Mr. Bigalke stated that before he started this process he received assurances that none of the surrounding lands would be affected. He also stated that his interest in annexation is due to the need to replace his private sewer system. Wishing to be heard was Bob Richardson, Harborage Subdivision, located to the East of Mr. Bigalke. Mr. Richardson was concerned about the annexation bringing in commercial development. Wishing to be heard was Bob Ludwig, 5704 Villa Road N.W., also concerned about possible commercial development. Mr. Ludwig also stated that he felt that the sewer problems experienced by Mr. Bigalke could be a result of the drainage that collects on Mr. Bigalke's property from the North Park Subdivision. Wishing to be heard was Isabel Theobald, 3416 Villa Road N.W., also concerned about the surrounding area being annexed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Hruska seconded, to approve Annexation by Ordinance Petition #97-22 by Thomas and Margaret Bigalke and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on City Initiated Zoning District Amendment #97-15 to rezone 123.3 acres from the H district to the R-1 and R-Sa districts. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to approve Zoning District Amendment #97-15 with four findings and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on Final Plat #97-32 to be known as Parkshore Place. Wishing to be heard was Bill Tointon, McGhie & Betts, giving a brief summary of the plat and noting that they were in agreement with the five conditions. 5122 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - December 1, 1997 Agenda Item B-4 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 675-97 approving Final Plat #97-32 to be known as Parkshore Place. Ayes (7), Nays (0). Motion carried. A Hearing on Rochester Urban Service Area Land Use Plan Amendment #97-5 by Wayne and Beverly Thede and Jerry Nelson to amend the land use plan to medium density residential designation upon 31.2 acres of land and to commercial upon 8 acres of land; located along the north side of 55th Street N.W. and the west side of 18th Avenue N.w. in the SE 1/4 of the SW 1/4, Section 10, Cascade Township. Wishing to be heard was Louis Yockey, McGhie & Betts, representing the applicants. Mr. Yockey noted that the property proposed to be rezoned would be lessened considerably because of the right-of-ways needed off 55th Street and 18th Avenue N.W. He also pointed out the increased traffic concerns when 55th Street is widened. Mr. Yockey states the proeprty has three access points giving it good vehicular access, the property is on the edge of town, with not much development around it at this time and the property is not conducive to low density residential because of the busy intersection. He also stated the developer was unable to comply with criteria (e) (2.5 acres per 1000 households). However, he said this was not an obstacle as it is difficult to determine the density of a developing area. Several homeowners, identified below, with property abutting the proposed R-3 area, gave testimony as why the property should not be rezoned. The homeowners felt that they had bought their lots, at considerable expense for the view to the east, and do not want to have apartment complexes now blocking that view. They also told the Council that realtors have informed them that their homes will drop in value. They also stated that they would be agreeable to a R- 1 or perhaps a R-2 buffer zone; going from R-1 to an R-3 was incompatible with the neighborhood. The homeowners wanted to know what type of developments are planned for the area. Robert Shultz 5564 22nd Avenue N.W Rick Sarran 5624 22nd Avenue N.W Bill & Paula Verdick 5559 Nancy Lane N.W Gary Rohret 5552 22nd Avenue N.W, John Lawson 5606 22nd Avenue N.W. Keith Karpinske 5570 22nd Avenue N.W. Lisa McClennan 5720 22nd Avenue N.W. Joseph Klavetter 5558 22nd Avenue N.W 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5123 gular Meeting No. 27 - December 1, 1997 Agenda Item Jane Gunneson 5726 22nd Avenue N.W. Terry McClellan 5720 22nd Avenue N.W. Tom Walker 5709 22nd Avenue N.W. The following individuals gave testimony as to the traffic problems the R-3 development could create knowing that 18th Avenue is already difficult to access on and off without the increased demands that will be placed on it. They felt that there was already enough commercial development in the area. Don Vestweber Ronald Dunnington 1610 Kings Run Drive N.W. 1328 Kings Run Drive N.W. Jane Finbraaten Arthur Thompson 1416 Kings Run Drive N.W. 1411 Kings Run Drive N.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicants. He said there would be shared access for the medium density residential and commercial areas. He noted that the traffic patterns and intersection will not be unlike what already exists in other areas of the City. He stated that they will comply with City and County specifications regarding access in/out. This is the first step of the land use planning process and they are not required to submit a plan for the area. He further stated that the applicants are willing to compromise with a 120 foot R-2 buffer on the west border of the proposed area. In response to a question from Councilmember Hruska, he said the developer could live with an R-1 buffer. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers were concerned about the buffer area; i.e., the width of the area and whether it should be R-1 or R-2. They were extremely concerned, however, with the problems that could surface with the traffic impact for the intersection and the two roads involved. Richard Freese, Public Works Director, stated that when the four -lane 55th Street is completed, it will handle 8,000-9,000 trips per day with an ultimate capacity of 25,000 vehicles per day. However, he stated that Olmsted County has no plans now or in the immediate future to widen or otherwise improve 18th Avenue. Councilmembers Evans moved, McConnell seconded, to instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order, denying the application on the basis that it did not satisfy the criteria of "medium density residential' (c) Having good access by means of collector, arterial, and expressway streets and transit systems to employment center, commercial areas, and community facilities, and (d) Buffered from the adverse influences of commercial, industrial, and other incompatible activities; and the criteria for "neighborhood commercial" (c) Having good vehicular and pedestrian access, and to present the Findings of Fact at the December 15, 1997 meeting for RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5124 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - December 1, 1997 Agenda Item B-5 M B-7 approval. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay stating that the developer had agreed to a compromise on the buffer zone and that the traffic problem could not be solved until a traffic impact report is completed which is the next phase in the process. A Hearing on Zoning District Amendment #97-16 by Wayne and Beverly Thede and G.A. Nelson Company to rezone 31.2 acres from R-1 district to R-3 district and to rezone 8 acres from R-1 to B-1 on property located along the north side of 55th Street N.W. and the west side of 18th Avenue N.W. in the SE 1/4 of the SW 1/4, Section 10, Cascade Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon stated that the Council's concerns related to the traffic impact will be dealt with after a General Development Plan is completed; a traffic impact report is required at this time. Wishing to be heard was John Lawson, 5606 22nd Avenue N.W., stating that putting apartments next to their properties on the west property line is not compatible with the neighborhood. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order, denying the application on the basis that it did not satisfy the criteria of (2) Uses in the R-3 and B-1 districts would appear to be appropriate and compatible with the adjacent properties and the surrounding uses, and to present the Findings of Fact at the December 15, 1997 meeting for approval. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. A Continued Hearing on Final Plat #97-34 to be known as Salem Meadows. Councilmembers Marcoux moved, McConnell seconded, to continue the hearing to December 15, 1997 when final documents for the plat should be ready. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #97-13 by Bryce Prow to rezone 10 acres from R-1 to M-2 on land located south of Valleyhigh Road N.W., east of West Circle Drive in the NE 1/4 of the SE 1/4 of Section 20, Cascade Township. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to approve Zoning District Amendment #97-13 by Bryce Prow and instruct the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5125 3ular Meeting No. 27 - December 1, 1997 Agenda Item B-8 I A Hearing on Final Plat #97-35 to be known as Valleyhigh Industrial Park. Wishing to be heard was Bryce Prow, 516 17th Avenue N.W.. Mr. Prow was asking for approval of the City to a Condition #6; i.e., which would allow City approval of the documents as to the care and maintenance of the private roadway and storm water pond. He asked for further clarification on Condition #4 regarding the right turn lane from CR 4 per Olmsted County. He stated that the right turn lane was already in place prior to the plat being submitted. Gary Neumann, Assistant City Administrator, informed Mr. Prow that he would have to work the problem through with the County Engineer. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 676-97 approving Final Plat #97-35 to be known as Valleyhigh Industrial Park with six conditions. Ayes (7), Nays (0). Motion carried. Mike Nigbur, Public Works Department, asked that Condition #6 include that the final plat not be recorded until the final grading plan document revisions have been completed by applicant. It was the consensus of the Councilmembers that Condition #6 include this provision. B-9 I A Hearing on the Proposed 1998 Budget and Tax Levy. Steve Kvenvold, City Administrator, gave an overview of the proposed 1998 budget projected at approximately $89 million dollars as opposed to a $75 million dollar budget in 1997. He stated that 17.9% of the budget comes from property taxes with the remainder generated from fees, non -property taxes, other governments and miscellaneous resources. The City receives approximately 21 cents of every dollar of the levy with the County receiving 31 cents and the School District at 48 cents. Mr. Kvenvold also pointed out that the residential properties will see their tax rates at a higher percentage due to the property tax formula change of the 1997 Legislature. Wishing to be heard was Bob Maroo, representing the Chamber of Commerce. He stated that the business community pays too much of the tax burden and encouraged the Council to review their costs to maximize their efficiency. Having no one further wishing to be heard, President Hunziker closed the hearing. The 1998 budget will be approved at the December 15th, 1997 meeting. B-10 A Hearing to Amend the Zoning Ordinance and Land Development Manual for Zoning Enforcement. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5126 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - December 1, 1997 Agenda Item C-1-3 & 5- 10 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-4 Councilmembers Senjem moved, Stobaugh seconded, to approve the amendments to the Zoning Ordinance and Land Development Manual for Zoning Enforcement and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to approve the following consent agenda items: Approve the minutes of the November 17, 1997 meeting. Approve the following licenses and miscellaneous activities: Gambling - Temporary Pheasants Forever - Tri County Chapter at Radisson Plaza Hotel - March 20, 1998. Approve the issuance of an On -Sale Wine and Beer License to India Garden, Incorporated at 1107 North Broadway pending all departmental approvals. See at end of C items. Approve the appointment of Maria Hutchinson and Elizabeth Ann Colvin to the Rochester Civic Music Board for three year terms running to January 2001. Adopt Resolution No. 677-97 approving the Rochester Police Department to apply for Community Notification Grant funds and authorize the agreement to accept any grant funds provided by the Department of Public Safety. Adopt Resolution No. 678-97 accepting 4.34 acres of property from the Gladys Fager Trust to be used as a storm water management pond in the Northern Heights area. Adopt Resolution No. 679-97 approving a sublease agreement with Bryce and Brenda DeCook for the cropping of 960 acres of parkland at the Rochester International Airport in the amount of $72,000 per year for 1998, 1999, and 2000 with the lease amount adjusted upon the installation of drain tiles. Approve Accounts Payable in the amount of $1,449,709.00. Ayes (7), Nays (0). Motion carried. Councilmember Hruska expressed concern about the issuance of beer licenses to the Donut Hut & Cafe located at 1352 Third Avenue S.E., stating the number of police calls to the area, the concerns from Building & Safety, and the concern for a liquor establishment in the neighborhood. 1 Councilmembers Hruska moved, Marcoux seconded, to call for a public hearing on January 21, 1998 to bring forth testimony concerning the application for on RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - December 1, 1997 5127 Agenda Item and off sale beer licenses for the Donut Hut & Cafe at 1352 Third Avenue S.E. Ayes (7), Nays (0). Motion carried. Councilmembers directed the City Clerk to send the notice of hearing to property owners within a 350 foot radius of 1352 Third Avenue S.E. C-10 Councilmembers Senjem moved, Stobaugh seconded, to appoint Hilla Morris Cline to the Fire Civil Service Commission running to April 2000 to fill the expired term of James Powers. Ayes (7), Nays (0). Motion carried. D-1 Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W. Mr. Nelson felt that the election to approve a sales tax should come before the City spends $50,000 on lobbyists at the Legislature. Councilmember McConnell left the meeting. E-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 680-97 approving the second amendment to the PEMSTAR Redevelopment Assistance Agreement and approve the amendment to the DTED Agreement changing the starting date for the job creation to January 15, 1997. Ayes (6), Nays (0). Motion carried. E-2 Councilmembers Hruska moved, Evans seconded, to approve amending the Rochester Code of Ordinances adding Sections 85.20 through 85.23 defining the process for abating the storage of junked or abandoned equipment or vehicles and instruct the City Attorney to prepare the required Ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-3 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 681- 97 entering into a professional services agreement with Airport Consulting Services Group, Inc. to update the Rochester International Airport Storm Water Pollution Prevention Plan for the Rochester International Airport. Ayes (6), Nays (0). Motion carried. E-4 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 682-97 entering into a professional services agreement with Airport Consulting Services Group, Inc. for plans and engineering work on Phase II of the new roadway, aircraft apron, lighting and security fencing for air cargo at the Rochester International Airport. Ayes (6), Nays (0). Motion carried. E-5 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 683-97 reclassifying the position of Custodian at City Hall to the position of Building Maintenance Worker - City Hall effective November 1, 1997. Ayes (6), Nays (0). Motion carried. E-6 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 684-97 submitting a grant application for a gang investigative unit police officer and related office and investigative equipment expenses from January 1, 1998 to .7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5128 Regular Meeting No. 27 - December 1, 1997 Agenda Item E-7 E-8 E-9 E-10 E-11 December 31, 1999 and to accept any grant funds as a result of the application. Ayes (6), Nays (0). Motion carried. Councilmember McConnell returned to the meeting. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 685-97 adopting the assessment schedule and procedures for the False Alarm Ordinance. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution 686-97 entering into an agreement with McGhie & Betts, Inc. for the engineering and related services for Project No. J-9436 "Sanitary Sewer and Watermain to Serve a Portion of Pinewood Road S.E." Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 687-97 awarding the contract for Project No. 9702 (J-2262) "Construction of a Temporary Right -In, Right -Out, From 7th Street N.W. to TH 14 Due to the Closing of the Current 7th Street N.W. Access" to Fraser Construction in the amount of $24,705.00. Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 688-97 entering into the following contracts for CY 1998 Transit Services: Rochester City Lines in the maximum amount of $878,280.00. Rochester Transportation Systems, Inc. at the per vehicle hour rates of $22.96 for 1998 and $23.42 for 1999. Olmsted County for the local share in support of ZIPS Dial -A -Ride operations. Independent School District No. 535 Community Education for sponsorship of evening service on ZIPS. Bethel Lutheran Church to provide parking for a park and ride lot on the west side of 3rd Avenue S.E. in the 800 block. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 689-97 authorizing the City Clerk to advertise for bids for Project No. 9712 (J- 9431) "Extension of High Level Water Service From Northern Hills Golf Course to the S.E. corner of CSAH 4 and CSAH 22" to be received until 11:00 A.M. on December 30, 1997. Ayes (7), Nays (0). Motion carried. 1 [1 F-2a An Ordinance Annexing to the City of Rochester Approximately 2.5 Acres of Land Located Along the North Side of 55th Street N.W. and the West Side of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3ular Meeting No. 27 - December 1, 1997 5129 Agenda Item Chateau Road N.W., in Section 9, Cascade Township, Olmsted County, Minnesota, was given a first reading. (Thomas and Margaret Bigalke) F-2b An Ordinance Rezoning 123.3 Acres of Land From the H District to the R-1 and . R-Sa Districts, 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. (North of Salem Road S.W., East of County Road 22) F-2c I An Ordinance Rezoning 10 Acres of Land From the R-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. (South of Valley High Road N.W., East of West Circle Drive) F-2d An Ordinance Creating and Enacting Sections 85.20, 85.21, 85.22, 85.23, 85.24 and 85.25 of the Rochester Code of Ordinances, Relating to the Maintenance of Open Areas and Premises in All Areas of the City, and the Abatement of Health and Safety Hazards, was given a first reading. Councilmembers McConnell moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Hruska moved, Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-2e An Ordinance Creating and Enacting Sections 61.135, 61.564, and Paragraph (3) of Section 63.455, and Amending and Reenacting Sections 60.133, 60.134, 60.142. 61.561, 62.278, 62.830, 63.126, 63.260, 63.412, and 63.413, of the Rochester Code of Ordinances, Relating to the Criminalization of Provisions of the City's Zoning Ordinance and Land Development Manual, was given a first reading. F-3a An Ordinance Annexing to the City of Rochester Approximately .595 Acres of Land Located in the Northwest Quarter of the Southwest Quarter of Section 14, 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 (7), Nays (0). Motion carried. F-3b An Ordinance Amending and Reenacting Subdivision 1 of Section 7.06 of the Home Rule Charter of the City of Rochester, Providing for the Annual Review of Elected Officials' Compensation by the Common Council, was given a second reading. Councilmembers Evans moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-4a Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 690-97 approving an Owner Contract for Project No. J-9463 "Sanitary Sewer and Watermain to Serve Bel -Air Eighth Subdivision" with Reynolds & Penz Partnership and Elcor Construction, Inc. Ayes (7), Nays (0). Motion carried. f 5130 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 27 - December 1. 1997 Agenda Item Having no further business, Councilmembers Hruska moved, McConnell seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. sty Clerk 1