HomeMy WebLinkAbout12-15-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 28 - December 15, 1997 5 1 31
Agenda
Item
�^
President John Hunziker called the meeting to order at 7:00 P.M. with the
A-1
following members present: Councilmember Mack Evans, Ed Hruska, Marcia
Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None.
E-3
It was indicated that the Council would receive additional testimony regarding
Land Use Plan Amendment #97-5 and Zone Change #97-16 by Thede and
Nelson. Therefore, the City Attorney recommended that the Council take the
additional testimony at a future public hearing.
Councilmembers Marcoux moved, McConnell seconded, to reopen the public
hearing for Land Use Plan Amendment #97-5 and Zone Change #97-16 to hold
the reopened public hearing on January 21, 1998, and to instruct the City Clerk
to send the required hearing notices to affected land owners. Ayes (7), Nays (0).
Motion carried.
B-1
A Hearing on the Adoption of the 1998 Tax Levy, 1998 Budget, and 1998-2003
Capital Improvement Program.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolutions No.
691-97, 692-97, and 693-97 approving the 1998 Property Tax Levy of
;$15,678,"086the 1998 Budget of _$$8,637,663and the 1998-2003 Capital
Improvement Program. Ayes (7), Nays (0). Motion carried.
B-2
A Hearing on Zoning District Amendment #97-17 by Joan Bauer to Rezone from
PUD R39 to R-2 property described as Lots 1 & 2, Block 2, Ferndale Replat.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, McConnell seconded, to approve Zoning
District Amendment #97-17 by Joan Bauer 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 #97-34 to be known as Salem Meadows.
As grading and drainage plans, water main construction plans, and private street
agreements have not been reviewed by the Public Works Department, it was
recommended that the hearing be continued.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Final Plat #97-34 to be known as Salem Meadows on January 5, 1998. Ayes
(7), Nays (0). Motion carried.
B-4
A Hearing to Establish a Residential Permit Parking Zone #6 on 5th Avenue
S.W./600 Block and Portions of 7th Street S.W.
Wishing to be heard was John Cooke, 621 Fifth Avenue S.W., opposing the
establishment of the parking permit zone. He stated that the majority of the
5132
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular A iourned Meeting No 28 - December 15, 1997
Agenda
Item
B-5
signers of the petition are renters at the Rolly Apartments. Mr. Cooke noted that
right now the street currently has two, one -hour parking restrictions which
operate efficiently. If the permit parking is established, it will allow cars to fill the
streets and the snowplows and street sweeping and other maintenance will not
be able to operate.
Wishing to be heard was Suzanne Remington, 611 Fifth Avenue S.W., also
opposing the permit parking. She wanted to know about possible limitations on
the number of permits issued to apartment renters. She also noted that she lives
directly across from the Rolly Apartments and can never park in front of her
house.
Wishing to be heard was Rod Loomis, 428 Sixth Street S.W., caretaker for Rolly
Apartments. He stated that he, like others, works at night and can find no
off-street parking at his apartment dwelling when coming home. He is not able
to move his car until later in the morning hours.
Wishing to be heard was Craig Fenske, 428 Sixth Street S.W., also stating that
he worked late and had difficulty finding parking space when returning home.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
The Councilmembers discussed possible alternatives of limiting permits and use
of unlimited permits, possible trial periods, and whether the west side of Fifth
Avenue S.W. should be left with the current parking restrictions. It was also
noted that the Rolly Apartment off-street parking spaces are within the public
right-of-way and considered public parking.
Councilmembers Marcoux moved, Stobaugh seconded, to table the
establishment of the parking permit zone to January 21, 1998. Ayes (7), Nays
(0). Motion carried.
Councilmembers recognized students in the audience from Mayo, John Marshall
and Century High Schools.
A Hearing on City Initiated Text Amendment #97-10 to amend portions of the
Land Development Manual pertaining to standards for off -premises advertising
signs (billboards).
Wishing to be heard was Ken Moen, representing Delight Outdoor Advertising.
He stated that the 1992 ordinance should be left as is with a few procedural
changes. He noted that placing a cap on the number of billboards would take
away a competitive atmosphere, bring no additional revenue to the landowners
or City, and take from the effectiveness of removing billboards not in compliance.
The following individuals spoke in support of continuing the 1992 ordinance with
some procedural changes but not placing a cap on the number of billboards:
I.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER MINNESOTA
Regular Adjourned Meeting No. 28 - December 15, 1997 513 3
Agenda
Item
I -
Dale Welte
4420 Highway 63 South
Paul Rademacher
Delight Advertising
Joel Williams
3800 West River Parkway
Dave Patterson
4600 18th Avenue N.W.
Douglas Steck
2907 South Broadway
Bill Kolb
Dobi, L.L.C.
Chris Carver
Universal Outdoor
Denise Welte
4420 Highway 63 South
The following individuals felt that the number of billboards should be capped or
billboards removed altogether.
Joe Mathews
4000 50th Avenue S.E.
Janet Haase
628 11th Avenue S.E.
Carol Mathews
4000 50th Avenue S.E.
David Haase
628 11th Avenue S.E.
Blaine Walker
629 12th Avenue S.E.
Heather Walker
69 12th Avenue S.E.
President Hunziker summarized the informal consensus of the Council
determined during the earlier Committee of the Whole Meeting as follows: (1)
spacing between advertising signs would be increased to 1000 feet; (2) spacing
between advertising signs and street intersections/railroad rights of way shall
remain at 200 feet; (3) spacing between advertising signs and playgrounds,
churches, schools or hospitals shall remain at 300 feet and measured as a
radius from the sign location along an adjacent right of way to the nearest
boundary of the property; (4) spacing between advertising signs and residential
zones shall be increased to 250 feet; (5) the maximum advertising sign size shall
be 600 feet for those signs directed towards expressways, freeways and arterials
and 400 feet fo those signs directed towards all lower classes of roads; (6)
maximum advertising sign height shall remain at 50 feet measured at the grade
under the sign, but with a 20 foot clearance under the sign; (7) there shall be no
amortization; instead, there will be a cap on the number of billboards equal to the
number of currently existing billboards plus seven sign credits plus 15 pending
applications; further, there would be no future sign credits, replacement of
billboards must occur on an equal square footage basis, and the 15 pending
applications may change their locations if the applied -for locations do not comply
with the above ordinance changes.
Councilmembers Stobaugh moved, Marcoux seconded, to direct the City
Attorney to prepare an Ordinance amending the Land Development Manual
consistent with the seven points as outlined by President Hunziker . The motion
added a condition that, if legally permissible, no billboards be permitted on East
or West Circle Drives. The motion included the following findings of fact: (1)
5134
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular A iourned Meeting No. 28 - December 15, 19q7
Agenda
Item
M
F-2a
B-7
B-8
there is a public need for these amendments so as to maintain open spaces and
the city's natural landscape, improve the city's aesthetic quality of life and
remove potential traffic hazards; (2) the amendments will accomplish the goals of
the Land Development Manual and the Comprehensive Plan; and (3) the
adoption of the amendments is lawful based upon existing case law. .
Discussion ocurred among the councilmembers.
Ayes (7), Nays (0). Motion carried.
A Hearing on Type 111, Phase II Zoning Ordinance Text 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.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Senjem seconded, to approve Zoning
Ordinance Text Amendment #97-3 and instruct the City Attorney to prepare the
required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to temporarily move to the
F item on the agenda. Ayes (7), Nays (0). Motion carried.
An Ordinance Creating and Enacting Subsection 7 of Section 60.504 and
Section 60-509 of the Rochester Code of Ordinances, Relating to the Regulation
of Replacement of Advertising Signs, was given a first reading.
The Council returned to the B items of the agenda.
A Hearing on Type III, Phase I Appeal #97-3 by Vogel Outdoor Advertising to
appeal the decision of the Rochester Zoning Board of Appeals not to uphold the
Zoning Administrators decision that complete applications were submitted.
Councilmembers Evans moved, Stobaugh seconded, to continue the hearing on
Appeal #97-3 by Vogel Outdoor Advertising to January 21, 1998. Ayes (7), Nays
(0). Motion carried.
A Hearing on the Establishment of Development District No. 9 and Tax
Increment Financing District for Western Digital Project.
Wishing to be heard was Matthew Massengill, Senior Vice -President and General
Manager of Western Digital. Mr. Massengill summarized Western Digital's
involvement in the Rochester area, the temporary quarters they now occupy, the
employment of 325 people and another 150 expected over the next few years
and the construction of the new research and development facility in Rochester.
Wishing to be heard was Gary Smith, RAEDI, 4114 14th Avenue N.W. Mr. Smith
noted that RAEDI had reviewed the project and agree with the economic benefit
that the City of Rochester will receive from Western Digital.
1
I.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 28 - December 15, 1997
5135
Agenda
Item
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
694-97 approving the Establishment of Development District No. 9 and Tax
Increment Financing District for Western Digital Project. Ayes (7), Nays (0).
Motion carried.
B-9 IA Hearing on Application to the Department of Trade & Economic Development
(DTED) for Western Digital Expansion Project.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
695-97 approving the submission of an application to the Department of Trade &
Economic Development (DTED) for Western Digital Expansion Project. Ayes (7),
Nays (0). Motion carried.
C-1 - Councilmembers McConnell moved, Hruska seconded, to approve the following
C-12 consent agenda items.
C-1 Approve the minutes of the December 1, 1997 Council meeting.
C-2 IAdopt Resolution No. 696-97 approving a revocable permit for a projecting
business sign at 325 South Broadway for Carson Art Supply.
C-3 Approve the transfer of funds from the 1997 General Fund Contingency in the
amount of $10,021 for local contribution in TIF District #5-1 (Quest International)
in lieu of LGA penalty.
C-4 I Approve the following licenses and miscellaneous activities:
Cigarette - Over the Counter
Robert Boelter DBA Tobacco Discount, 4 17th Avenue N.W. - transfer
from Salem Haddad
Gambling - Temporary Raffle & Binoo
Community Youth Mentorship program - Galleria Centerplace Shopping
Center - February 14, 1998
Choral Arts Assembly - Kahler Plaza Ballroom - January 31, 1998
Gambling - Renewal of Premise Permits
Celebrity Bowl Charities at Colonial Lanes, JJ's Restaurant & Lounge,
Recreation Lanes
Rochester Juvenile Hockey Association at Mugzee's, North Star Bar,
Olmsted County Fairgrounds for Olmsted County Fair, CJ's Midtown Lounge
House Moving Permits
Steve Meger DBA Meger Enterprises - house from 1706 6th Street S.W.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- s CITY OF ROCHESTER, MINNESOTA
51 a Regular Adjourned Meeting No. 28 - December 15, 1997
Agenda
Item
MV
C-7
C-8
C-9
C-10
C-11
C-12
D-1
E-1
E-2
E-3
E-4
to Goodhue County - December 17-22, 1997
Roger Crews DBA Crews Housing Moving - house from 1726 16th
Avenue N.W. to Doge Center - January 6, 1998
Miscellaneous Activities
NAACP Rochester Branch - Dr. Martin Luther King Commemorative
March/Parade - January 19, 1998
Approve 1997 Annual Legislative Amendments to Sales Tax Ordinance and
instruct the City Attorney to prepare the required ordinance for adoption.
Adopt Resolution No. 697-97 approving the financing of the project for Child
Care Resource and Referral, Incorporated.
Adopt Resolution No. 698-97 accepting the low bid from Hawkins Chemical
Company for one year's supply of anhydrous ferric chloride and liquid aluminum
sulfate.
Adopt Resolution No. 699-97 approving the Legal Services Agreement between
the City of Rochester and the Olmsted County HRA.
Approve the appointment of Robert Beery, Franklin lossi and Paul Barton to the
Library Board for three year terms to January 2001.
Approve the appointment of Doris Eide to the Housing and Redevelopment
Authority to fill the expired term of Lynn Lee and run to December 31, 2002.
Approve the adoption of an ordinance amending the legal description in the
previously adopted annexation for the Crocus Hills/Baihly Woodland Area and
give the ordinance a first and second reading.
Ayes (7), Nays (0). Motion carried.
No one wished to be heard.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
700-97 granting approval of the Development Assistance Agreement between the
City and Western Digital. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded to approve the action
plan submitted by Mr. Kenneth Lechner for the property at 218 Ninth Avenue
N.W., noting also the letter from Mr. Lechner. Ayes (7), Nays (0). Motion
carried.
(Previously considered after A-1) Hearing set for January 21, 1998.
Councilmembers Evans moved, Hruska seconded, to approve the transfer of the
On-Sale/Off-Sale 3.2 Beer Licenses, Cigarette License and issuance of an On -
Sale Wine License to 63 Club, Incorporated owned by Michael Persinger,
1
n
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5�37
Regular Adjourned Meeting No. 28 - December 15, 1997
Agenda
Item
pending receipt of fees, insurance certificates and departmental approvals. Ayes
(7), Nays (0). Motion carried.
E-5 Councilmembers Senjem moved, Stobaugh seconded, to approve the issuance
of an On -Sale Intoxicating Liquor License to Timber Lodge Steakhouse,
Incorporated DBA Timber Lodge Steakhouse, corner of Highway 52 North and
41st Street N.W., pending receipt of fees, insurance certificates and departmental
approvals. Ayes (7), Nays (0). Motion carried.
E-6 Councilmembers Stobaugh moved, Senjem seconded, to approve the issuance
of an On -Sale Wine and On -Sale Beer license to D & D of Minnesota, Inc. DBA
Famous Dave's BBQ Shack, 435 16th Avenue N.W., pending receipt of fees,
insurance certificates and departmental approvals. Ayes (7), Nays (0). Motion
carried.
E-7 Councilmembers Marcoux moved, Stobaugh seconded, to approve the
appointment of the following individuals to the Sales Tax Information Committee:
Don Sudor (Chair), Gordie Bluhm, Dan Broderick, Ann Lopour, Don Soderberg,
Kevin Molloy, Peter Solinger, Susan Lemke, Carol Kamper, A.M. (Sandy) Keith,
Nancy Brataas, Howard (Chub) Stewart, Larry Gray, Dave Sipple, Marge
Patterson, Kevin Hennessey, one Chamber of Commerce Appointee, and one
IBM Appointee. Ayes (7), Nays (0). Motion carried.
E-8 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
701-97 authorizing the Mayor and City Clerk to sign the labor agreement
between the City of Rochester and IATSE - Local #416. Ayes (7), Nays (0).
Motion carried.
E-9 Councilmembers Stobaugh moved, Marcoux seconded, to approve extending the
interim ordinance on Manufactured Home Parks in the RS-a, R-1, R-2, R-4, B-1
CDC and MDR districts and instruct the City Attorney to prepare the required
ordinance for adoption. Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
702-97 accepting the Final Scoping Decision Document for the Mayo Practice
Integration Project Environmental Impact Statement (EIS). Ayes (7), Nays (0).
Motion carried. The affiliation of Councilmembers Hruska, Senjem and Stobaugh
with Mayo Foundation was noted.
E-11 Councilmembers Hruska moved, Stobaugh seconded, to approve the
amendments to Chapter 77 of the Rochester Code of Ordinances to incorporate
Sewer Utility rates as noted on the RCA for 1998-2002 effective January 1, 1998
and instruct the City Attorney to prepare the required ordinance for adoption.
Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
703-97 approving the City of Rochester/DNR Cooperative Agreement for the
Douglas Trail Corridor. Ayes (7), Nays (0). Motion carried.
f 5138
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular A 'ourned Meeting No. 28 - December 1 5, 1997
Agenda
Item
E-13
F-2a
F-2b
F-2c
F-2d
F-2e
F-3a
Councilmembers Marcoux moved, Senjem seconded, to approve the structural
engineering condition report of the Civic Center Ramp and authorize BKBM
Professional Engineers to prepare plans and specification for the recommended
maintenance and modifications. Discussion.
Councilmembers asked what part of the $270,000 project budget is the cost for
preparation of the plans and specifications. It was stated that perhaps five to
eight percent would be used for that purpose. The City Administrator will obtain
further information on the breakdown of costs associated with the maintenance
and modifications.
Ayes (7), Nays (0). Motion carried.
(Ordinance given 1 st reading prior to Item B-6)
An Ordinance Rezoning .16 Acres of Land From the PUD R39 to the R-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. (North side of 28th Street N.W. between 18th Avenue N.W. and 19th
Avenue N.W.)
An Ordinance Creating and Enacting Sections 129.01, Subd. 24, and 129.21,
Subd. 3; Amending and Reenacting Sections 129.01, Subd. 4(c) and (i), 129.01,
Subds. 5, 8, 11, and 20, 129.05, 129.07, Subd. 2, 129.09, 129.12, 129.22,
129.23, 129.25, Subd. 1, and 129.251; and Repealing Subdivisions 22 and 23 of
Section 129.01, of the Rochester Code of Ordinances, Relating to the Collection
of Sales Taxes in the City of Rochester, was given a first reading.
An Ordinance Amending and Reenacting 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.
An Ordinance Amending and Reenacting Chapter 77 of the Rochester code of
Ordinances, Relating to Sewer Charges, was given a first reading.
Councilmembers Senjem moved, Stobaugh 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 Senjem moved,
McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
An Ordinance Annexing to the City of Rochester Approximately 1.79 Acres of
Land Located in Rose Harbor 1st and 4th Subdivisions, All in Section 7,
Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a
second reading. Councilmembers McConnell moved, Stobaugh seconded, to
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South side
of 15th Street S.E., West of Sunset Avenue S.E., Rose Harbor 1st and 4th)
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5139
Regular Adjourned Meeting No. 28 - December 15, 1997
Agenda
Item
F-3b An Ordinance Rezoning Certain Property From the PUD R76 District to the R-3
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 Senjem moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (North Side of 55th
Street N.W. between 26th Avenue and 28th Avenue N.W. in Cascade Ridge
Subdivision)
F-3c An Ordinance Rezoning Certain Property From the M-2 District to the M-1 District
and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a second
reading. Councilmembers Hruska moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of Relocated
Cascade Creek, South of 19th Street N.W. and West of West Circle Drive)
F-3d An Ordinance Amending and Reenacting Section 1235.08 of the Rochester Code
of Ordinances, Relating to the Designation of Truck Routes, was given a second
reading. Councilmembers Evans moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-4a An Ordinance Amending the Provisions of Ordinance No. 3125 Which Provided
for the Annexation to the City of Rochester of a Portion of the Southwest Quarter
of the Southeast Quarter of Section 4, Township 106 North, Range 14 West; A
Part of the East Half of Section 9, Township 106 North, Range 14 West; and A
Part of Section 10, Township 106 North, Range 14 West, All in Olmsted County,
Minnesota, was given a first reading.
Councilmembers Marcoux moved, Stobaugh 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 McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
Having no further business, Councilmembers Marcoux moved, Evans seconded,
to recess the meeting to 3:45 P.M., Monday, December 22, 1997.
City Clerk