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RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5 -
Regular Adjourned Meeting No. 29 — October 19, 1998
No one wished to speak during the Open Comment Period.
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, Walter Stobaugh. Absent: None
No letters or petitions were presented.
A Hearing on the Request to Expand Resident Permit Parking Zone 4 onto the
1300, 1400 and 1500 blocks of 8th Avenue S.E., and the 700 block of 15th Street
S. E.
Wishing to be heard was June Tiemens, 720 15th Street S.E. Ms. Tiemens was in
favor of the expansion of the permit zone. She brought to the Council a bag of
trash picked up on her lawn the same day which also contained an empty bottle of
liquor. She said that the lack of respect for private property is a big concern.
Wishing to be heard was Earl Schwerman, 1535 Eighth Avenue S.E. Mr.
Schwerman was concerned about therapists and other health professionals who
needed to come to his home to assist his handicapped grandson. Mr. Schwerman
was told that visitor passes were available. It was also permissible to call the
dispatch center at the Law Enforcement Center if a number of people were to be at
the home at once. Mr. Schwerman also noted that a neighbor had counted parking
spaces available at Mayo High School several times during a day. There`were
between 125-182 vehicle parking spaces that were not being used.
Wishing to be heard was Don Kleist, 1554 Eighth Avenue S.E. Mr. Kleist was in
agreement with expansion of the parking permit area. He was concerned if people
start parking along Eighth Avenue as it is a main thoroughfare, snow emergency
route and bus route.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Hruska moved, Senjem seconded, to adopt Resolution No. 614-98
to amend the Comprehensive Traffic and Parking Resolution by adding Paragraphs
(14 & 15) to permit parking zone #4 (Meadow Park Neighborhood) of Section L to
read:
14) Eighth Avenue S.E., on both sides from 13th Street to 16th Street,
7:00 A.M. to 3:00 P.M., School Days Only.
15) 15th Street S.E., on both sides from Eighth Avenue to Sixth Avenue,
7:00 A.M. to 3:00 P.M., School Days Only.
Ayes (7), Nays (0). Motion carried.
A Hearing on Zoning District Amendment #98-11 by Adamson Motors and Davies
Family Partnership to rezone land from the B-1 to the B-4 district located east and
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5384 CITY OF ROCHESTER, MINNESOTA
Real liar Adjo,irned Meeting No 29—October 19, 1998
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south of Pennington Court N.W., west of 25th Avenue N.W., east of the East
Frontage Road.
Wishing to be heard was Wade Dumond, Yaggy Colby, representing Adamson
Motors. Mr. Dumond stated that the grading plan was being currently reviewed by
Public Works. No additional grading would be done until the drainage plan was
completed.
Terry Adkins, City Attorney, noted that the criteria has been changed since the
application was made. The Council needed to follow the criteria in a, b, and c and
all must be met.
Wishing to be heard was Ruth Earley, 5015 25th Avenue N.W., requesting a copy of
the revised criteria and asking that she be reheard after reading such.
Wishing to be heard was Bruce Snyder, 4349 Cimarron Court N.W. Mr. Snyder
related back to the previous month when a similar zoning amendment was brought
before the Council on adjacent properties. At that time a drainage survey and
wetland study was being done. The Council stated that there should be no further
activity of this nature until such time as the drainage study was complete. The
study is not yet available; therefore, Mr. Snyder asked that this matter be tabled.
Mike Nigbur, Public Works Department, confirmed that a wetlands delineation is
being presently conducted and should be completed within the week. After the
information is reviewed, an analysis will be completed to see if a drainage pond can
be located in the area. The ponding and drainage is not necessary for any
rezoning because a buffer will be in the drainage corridor.
Councilmember McConnell noted that one of the criteria is that the proposed zoning
district will be compatible with the adjacent properties. He stated that the project is
far from compatible; how does it affect the adjacent properties.
Phil Wheeler, Planning Department, stated that the Planning Staff felt that the
application for zoning was consistent with the conclusion that the Council drew on
the Universal Ford property where it was decided that 100 feet of B-1 was sufficient
to protect the neighborhood.
Wishing to be heard was Wade Dumond, Yaggy-Colby. Mr. Dumond noted that his
perspective of the situation was that there was a set standard of a minimum of 100
feet between the property and the B-1 area.
Wishing to be heard was Ruth Earley, 5015 25th Avenue N.W. She noted that the
car dealerships make some noise but it is livable. However, as the business grows,
so will the noise. She also would like the lights turned down but it is needed for
security; in a B-4 zoning the lights can be turned up more. She noted that she is
speaking because as a resident, this is the only chance she will have to speak after
the zoning has been changed. When the development was put in, the land was
zoned commercial. When houses were added, it was rezoned R-1. The car
dealerships were next to B-1 and not residential zoning as now. The drainage area
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RECORD OF OFFICIAL PROCEEDINGS OF". THE COMMON COUNCIL
CITY OF ROCHESTER, . MINNESOTA 5 -
Regular Adiourned Meeting No. 29 — October 19 1998
has been in the same spot for over 20 years. As the land now stands, the water is
accommodated. However, as the land is filled, it will not accommodate the water
coming through; a pond would not be a significant improvement. She was against
the rezoning, saying that it would not improve the neighborhood or the drainage
issue.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Marcoux seconded, to approve Zoning District
Amendment #98-11 by Adamson Motors and Davies Family Partnership based on
the finding that the area has changed from item 1(a) and changed in respect from
the most recent change at Universal Ford to accommodate a similar situation; the
area has changed in a sense that the needs of the car dealerships have changed in
respect to traffic that they must bear in order to accommodate their business; and
also in respect to item 1(b) that the district is appropriate with respect to the
compatibility issue as staff has recommended that the B-1 buffer, provided between
the B-4 and the B-1, provides adequate buffering. Ayes (6), Nays (1). Motion
carried. Councilmember McConnell voted nay.
D-3 A Hearing on Type III, Phase II, Land Subdivision Permit #98-24 by Scott Lampland
to be known as North Park Ninth Subdivision located north of North Park Seventh
Subdivision.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that the grading plan has been approved and that they are in
agreement with the five conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Type III, Phase II,
Land Subdivision Permit #98-24 by Scott Lampland to be known as North Park
Ninth Subdivision and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
D-4 A Hearing on Type III, Phase II Special District Amendment Project Development
Plan to allow the construction of a commercial hotel building in the Special District —
1 (Arboretum) zoning district on property located along the TH 52 West frontage
road, south of 55th Street N.W., north of the Eastwood Bank Building.
The hearing was withdrawn at the request of the applicant, Americlnn.
D-5 A Hearing on Vacation Petition #98-18 by Duane Underdahl to vacate a portion of
the five foot utility easement located on the south side of Lot 4, Block 1, White Oaks
Subdivision.
Wishing to be heard was Duane Underdahl, 4606 57th Street N.W. Mr. Underdahl
asked the Council to approve the vacation petition to allow the garage which
encroaches into the easement to remain.
Having no one further wishing to be heard, President Hunziker closed the hearing.
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5386 Regular A 'ourned Meeting No_ 29 — October 19, 1998
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Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
615-98 approving Vacation Petition #98-18 by Duane Underdahl. Ayes (7), Nays
(0). Motion carried.
D-6 A Hearing on Final Plat #98-29 to be known as Scenic Oaks First Addition.
Wishing to be heard was Mark Walsh, 15545 Old Territory Road, Chatfield,
representing the developer and engineer. He noted that they were in agreement
with the seven recommended conditions.
The Planning Department recommended, in a letter to the Council, that conditions 1
and 6 be dropped.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 616-98
approving Final Plat #98-29 to be known as Scenic Oaks First Addition with
conditions 2, 3, 4, 5, and 7. Discussion.
Councilmember Senjem noted that he was still concerned about the future of 48t'
Street S.W.
Ayes (7), Nays (0). Motion carried.
D-7 A Hearing on the Annual Review of the Rural Service District Parcels.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
617-98 approving the Annual Review of the Rural Service District Parcels.
Discussion.
Councilmember Senjem asked for clarity that Lists B, C and D be removed from
the rural service district and added to the urban district. Councilmembers Stobaugh
and Marcoux noted that was the intent of the motion.
Ayes (7), Nays (0). Motion carried.
E-2-9, Councilmembers McConnell moved, Stobaugh seconded, to adopt the following
12-16, consent agenda items:
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E-2 Adopted Resolution No. 618-98 granting a revocable permit to the Mayo Clinic for a
cable installation in the ceiling of the First Avenue skyway bridge subject to six
conditions.
The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo
Foundation were noted.
E-3 Approved the following licenses and miscellaneous activities:
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5387
Regular Adjourned Meeting No. 29 — October 19, 1998
House Moving
Crews House Movers for Eric Gullickson, house moved from 1307 11th
Avenue N.W. to Dennison, Minnesota — October 20, 1998
Gamblinq — Raffle
St. John's Church/School — May 14, 1999
Master Plumber
Donald Weld DBA Weld & Sons Plumbing, Plymouth
Sidewalk — Cement
Michael Cox DBA Cox Construction, Rochester
Sign Installer
Graphic House, Inc., Wausau
Approved scheduling a hearing on November 2, 1998 to consider the revocation of
the On -Sale Liquor License for Hinck, Inc. DBA RochesCheer Bar-& Grill.
Adopted Resolution No. 619-98 scheduling a public hearing on November 16, 1998
to consider the assessing of outstanding billings for weed, tree, debris removal,
snow removal, secure property, impound towing and electric/sewer/water charges.
Approved Accounts Payable in the amount of $952,893.36.
Approved the appointment of Ronald E. Machacek to replace Mary White on the
Mayor's Advisory Committee on Neighborhoods.
Adopted Resolution No. 620-98 authorizing the City Administrator to execute and
sign Sub -Grant Agreements and amendments with the Minnesota Department of
Public Safety for disaster assistance.
Directed the City Attorney to draft an ordinance extending the interim ordinance
pertaining to mining/excavation activities until January 20, 1998.
See at end of E Items.
See at end of E items.
Adopted Resolution No. 621-98 entering into an assessment agreement with of the
owner of the property located at 807 Ninth Avenue S.E. for Project No. J-9065
"Reconstruction of Ninth Avenue S.E.", Project No J-9247 "Building Demolition" and
"Weed and Snow Removal".
Adopted Resolution No. 622-98 entering into an agreement with Douglas and
Karen Nelson for municipal water service at 3003 18th Avenue S.W.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 3 8 8 Regular Aduntirned Meeting No 2A=October 19, 1998
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Adopted Resolution No. 623-98 entering into a Utility Connection Agreement with
Riverview Subdivision property, authorized the levying of "unpaid charges" if
payment of the connection charges are not made by December 1, 1999, and
authorized the levying of a supplemental assessment if not connected to the public
sanitary sewer and watermain by December 1, 1999.
Adopted Resolution No. 624-98 entering into a Utility Connection Agreement with
the property owners of 3010 Valleyhigh Drive N.W. for connection of the property to
the public sanitary sewer system.
Adopted Resolution Nos. 625-98, 626-98, 627-98 and 628-98 ordering and
receiving the feasibility report, ordering a public hearing on November 16, 1998 for
the making of the project, preparation of the assessment roll, and ordering an
assessment hearing for November 16, 1998, for Project No. 6306-2-99 (J-9525)
"Reconstruction of Sixth Avenue S.E. from East Center Street to 4th Street S.E."
See at end of E items.
See at end of E items.
Adopted Resolution No. 629-98 accepting the bid of Nietz Electric, Inc. of
Rochester in the amount of $132,500 for Project No. 9856 (J-6390) "Installation of a
Traffic Signal on CSAH 22 and CSAH 4 (Valleyhigh Drive N.W.)"
Adopted Resolution No. 630-98 executing Change Order #1 in the amount of
$15,459 with Benike construction for additional work on the Civic Center Ramp
Restoration Project.
Adopted Resolution No. 631-98 amending the Comprehensive Parking Resolution
by adding paragraph (306) of Section B "No Parking Zones" to read:
(306) Fox Hollow Court S.W. from CSAH 22 east to the first driveways on
both sides of the street, at all times.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 632-
98 entering into an amendment of the Cascade Township Orderly Annexation
Agreement to annex to the City approximately 3.0 acres of land in Cascade
Township conditioned that the parties amicably and satisfactorily resolve the issue
of dedication of public roadways. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to authorize City staff to
assist the Aesthetic Design Review Committee in selecting the professional
services of a consultant for the TH 52 corridor improvements. Ayes (7), Nays (0).
Motion carried.
Councilmember Evans moved, Stobaugh seconded, to table the improvement
reports for Project No. 9823 (J-9526) "Construct Concrete Curb & Gutter, Storm
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5 -
Regular Adjourned Meeting No. 29 — October 19, 1998
Sewer and Overlay Bituminous Roadway in 19th Street N.E. from Northern Heights;
Drive N.E. to East end of 19th Street" and Project No. 6001-99 (J-9531)
"Reconstruction of Wilshire Court N.E." to allow more time to contact the residents
of the neighborhoods. Ayes (7), Nays (0). Motion carried.
F-1 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 633-
98 ordering a public hearing to be held on November 16, 1998 to consider the
transfer of the current TCI cable franchise to Bresnan Communications Company
Limited Partnership. Ayes (6), Nays (0), Abstain (1). Councilmember McConnell
abstained.
F-2 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 634-
98 hiring consultants to conduct a TIF eligibility study for the Royal Management
proposal and to prepare an appraisal report for 18 South Broadway with Royal
Management paying the costs associated with the appraisal. Ayes (5), Nays (2).
Motion carried. Councilmembers McConnell and Senjem voted nay.
F-3 Councilmembers Senjem moved, Stobaugh seconded, to direct the staff to obtain a
real estate appraisal for 320-322 South Broadway and to negotiate terms of a
contract for the redevelopment of 320-322 South Broadway with Grant Michaletz.
Discussion.
Doug Knott, Downtown Development Director, stated that the City should continue
on the abatement proceedings that are currently in place in the event that the
contract with Grant Michaletz does not occur.
Ayes (7), Nays (0). Motion carried.
H-1 Councilmembers Senjem moved, Stobaugh seconded, to remove from the table the
item dealing with Final Plat #98-27 to be known as Glenview Townhomes. Ayes
(7), Nays (0). Motion carried.
Richard Freese, Public Works Director, noted that he had met with the owners and
representatives of Glendale Townhomes II and the developer. An agreement with
numerous conditions and responsibilities for all parties was reached. The issue of
drainage from Glendale Townhomes II onto the Glenview Townhomes property was
addressed in the agreement.
Wishing to be heard was Bob Wenner, 828 26th Street N.E., was in agreement with
what had been done and will be done.
Wishing to be heard was Bob Gill, 2577 Northridge Lane N.E., Mr. Gill was okay
with the conditions and will sign the agreement.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
635-98 approving Final Plat #98-27 to be known as Glenview Townhomes with
three conditions. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5390 CITY OF ROCHESTER, MINNESOTARegi liar Adjourned Meeting No 99 — October 19, 1998
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Councilmember Stobaugh moved to bring forward on the agenda the item dealing
with the Royal Development Group being designated as the exclusive developer for
the downtown property known as the Old Library Lot.
Motion died for lack of second.
An Ordinance Amending Ordinance No. 1466 Relating to the Designation of Certain
Lands in the City of Rochester as Part of the Rural Service District, was given a first
reading.
Councilmembers Senjem 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 McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
An Ordinance Rezoning Certain Property From the B-1 District to the B-4 District
and Amending Ordinance No. 2785 Known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a first reading.
(Adamson Motors land)
An Ordinance Rezoning Certain Property from the B-1 District to the B-4 District
and Amending Ordinance No. 2785 Known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a second
reading. Councilmembers Marcoux moved, Senjem seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (Universal Ford/Toyota,
south of Pennington Court, west of 25th Avenue N.W., east of East Frontage Road)
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 636-
98 entering into an owner agreement with Universal Ford Partnership and
Rochester Construction for Project No. J-9530 "Watermain to Serve Universal Ford
Expansion". Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted
nay.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
637-98 entering into an owner agreement with GAC USB Development LLC and AB
Systems for Project No. J-9528 "Watermain to Serve U.S. Bank in Circle Drive
Corporate Park and Construction of East 2/3rds of Northern Valley Place N.E.".
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
638-98 entering into an owner agreement with James Alker and Friedrich
Construction for Project No. J-9529 "Watermain to Serve Cascade Ridge
Townhomes". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 639-
98 entering into an owner agreement with R.L. Hexum & Associates Inc. and Elcor
Construction for Project No. J-9519 "Sanitary Sewer, Watermain and Service
Connections to Serve Phase I of South Broadway Partners, LLC Development".
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5391
Regular Adjourned Meeting No. 29 — October 19, 1998
Ayes (7), Nays (0). Motion carried.
G-4e Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 640-98
entering into an owner agreement with North American Realty and Road
Constructors, Inc. for Project No. J-9535 "Public Sanitary Sewer and Watermain to
Serve Essex Estates Multi -Family Area, Phase III Construction". Ayes (7), Nays (0).
Motion carried.
1-2 Councilmembers Stobaugh moved, Senjem seconded, to place a moratorium on
the issuance of permits for manufactured homes or manufactured home parks
within the City until January 20, 1999 to allow time for the Planning Department to
look at further site and design restrictions and to instruct the City Attorney to
prepare the required Ordinance for adoption. Discussion.
After further discussion, the Council indicated that they did not want to narrow their
concern to certain zoning districts at this time. The Council will give further
directions as to the site restrictions that they are looking for at an up -coming
Committee -of -the -Whole meeting. A draft will be presented to the Council prior to
the meeting.
Ayes (7), Nays (0). Motion carried.
G-3c An Ordinance Amending and Reenacting Section 66.103 of the Rochester Code of
Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the
Issuance of Permits For Manufactured Homes or Manufactured Home Parks Within
the City, was given a first reading.
1-3 President Hunziker asked Council members if they wished to listen to the
representatives from Royal Townhouses on their proposal for the Old Library Lot.
Councilmembers noted that they wanted to see proposals from Royal Townhouses
and Chafoulias Properties. Doug Knott indicated that he would contact Chafoulias
Properties and have them submit to the staff and Council project information for
their review. It was the consensus of the Council that both proposals would be
considered at the November 2, 1998, Council meeting.
Councilmember Evans introduced Luca Bajzer, a Mayo High School government
student, and an employee of Councilmember Evans.
Having no further business, Councilmembers Senjem moved, Stobaugh seconded,
to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
C-4"4�� ;)14,ej
ity Clerk