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Home My WebLink About03-15-19995 5'0 6 Agenda Item A-1 B-1 D-1- 21, 23- 37 D-1 D-2 D-3 D-4 D-5 D-6 D.7 D-8 D-9 D-10 D-11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 — March 15, 1999 No one wished to be heard 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, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the March 1, 1999 Council Meeting. Approved the transfer of $25,000 from the 1999 Contingency Account to the Rochester Amateur Sports Commission for the 1999 Star of the North Games. Approved the acquisition of tax -forfeited land on the NE corner of the intersection of Pinewood Road and 11t' Avenue S.E. to be utilized as the Jean and Carl Frank Canine Park. Adopted Resolution No. 147-99 granting a revocable permit to Rochester Sign Service to replace an existing sign face on an existing pylon sign for the Motel 6 property located at 2107 Highway 52, West Frontage Road. Adopted Resolution No. 148-99 granting a revocable permit to the Rochester Sign Service to permit the placing of identification lettering on the front of the overhang on the Lanmark Center Building (formerly Woolworths). Adopted Resolution No. 149-99 supporting the repeal of the state sales tax on local government purchases. Approved the rejection of the A.E. Benike bid for Central Park improvements. Approved the setting of a public hearing on April 5, 1999 for the purpose of giving approval for the issuance of up to $25,270,000 in 501c(3) bonds on behalf of the Wedum Foundation. Adopted Resolution No. 150-99 approving Change Order #3 to the Knutson Third Street Ramp contract in the amount of $63,562.00. Adopted Resolution No. 151-99 approving the proposed settlement agreement in S.J.C. Properties v. City of Rochester concerning Conditional Use Permit #97-17. Approved the following licenses and miscellaneous activities: Gambling — Temporary St. Pius X Catholic Church — Bingo, Raffles & Paddlewheels — November 14, 1999 Heating Contractor Air Conditioning Associates, Inc., St. Paul, Minnesota 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5507 Adjourned Meeting No. 7 — March 15, 1999 Master Installers John Matthews, St. Paul, Minnesota Patrick O'Konski, Lake City, Minnesota Gregory A. McAdams, Kasson, Minnesota Master Plumber Bredahl Plumbing, Inc., Brooklyn Park, Minnesota Sewer & Drain Chad Braaten DBA Braaten Construction, Kasson, Minnesota Miscellaneous Activities National Multiple Sclerosis Society — Soldiers Field Memorial Field & Park — April 18, 1999 Rochester Track Club — Spring Running Race — May 8, 1999 NAM — Olmsted County — Fundraising Walk — May 15, 1999 New Life Family Services — Fundraising Walk — June 19, 1999 Friendship Wagon Train — Fundraiser — June 21, 1999 Paws & Claws Humane Society — Pet Walk — May 8, 1999 March of Dimes — Walk America — April 24, 1999 D-12 Approved the issuance of an On -Sale Intoxicating Liquor License to GAC Development LLC DBA Garden Hilton Inn, 225 South Broadway. D-13 Approved the transfer of the 3.2 Beer License to new owners Tyler and Dung Pritchard of the Great Magic Wok Restaurant with the name changed to New Magic Wok, Incorporated, located at 121 17t' Avenue S.W. D-14 Approved the ownership of Zorbas Restaurant at 924 Seventh Street N.W. from Twin Ports Parthenon, Incorporated to Michael Mihalas, Zorba Restaurant of Rochester, Mn, Inc. D-15 Approved Accounts Payable in the amount of $1,679,485.64. D-16 I Adopted Resolution No. 152-99 closing completed improvement projects and transferring unexpended balances pursuant to the City Charter, Section 11.10. D-17 I Adopted Resolution No. 153-99 approving a three-year extension for Independent School District #535 to comply with outstanding State Fire Marshal orders. D-18 Approved the following appointments to the Urban Design and Environment Committee: O. William Bruins, Susan Wieseler, Ann Pierce, Robert Suk, Andrew Masterpole. D-19 Adopted Resolution No. 154-99 approving the request from the Rochester Park and Recreation Department for a variance from the State of Minnesota concerning the above ground storage tank at the Soldier's Memorial Field Golf Course. 5508 Agenda Item D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Ad*ourned Meeting No_ 7 —March 15, 1999 The Labor Agreement for the Police Supervisors was withdrawn and will be reconsidered at the April 5, 1999 meeting. Approved the appointment of Steven Krone to the position of Fire Protection Specialist in the Rochester Fire Department effective April 1, 1999. See at the end of the D Items. Instructed the City Attorney to draft an ordinance extending the interim ordinance pertaining to mining/excavation activities until May 17, 1999. Accepted $3000 from the Rochester Olmsted County Safety Council for the Rochester Police Department Emergency Response Unit's peacekeeper. Adopted Resolution No. 155-99 accepting the grant award from the Minnesota Auto Theft Prevention Program in the amount of $11,400.00. Adopted Resolution No. 156-99 entering into a Professional Services Agreement with Horizons for Photogrammetric Digital Mapping Services. Adopted Resolution No. 157-99 entering into an assessment agreement with Western Walls, Inc. for Project Nos. J-8251 and J-8619 in Diamond Ridge Fourteenth Subdivision. Adopted Resolution No. 158-99 entering into an annexation and utility connection agreement with Hodge Subdivision. Adopted Resolution No. 159-99 referring the petition for Extension of Sanitary Sewer and Watermain in 22"d Avenue S.E. to the Public Works Department for a feasibility study. Adopted Resolution No. 160-99 referring the petition for Extension of Sanitary Sewer and Watermain in 26 h Avenue S.E. to the Public Works Department for a feasibility study. Adopted Resolution No. 161-99 referring the petition for Extension of Sanitary Sewer and Watermain in Fairview Court S.E. to the Public Works Department for a feasibility study. Adopted Resolution No. 162-99 referring the petition for Extension of Sanitary Sewer and Watermain in Cheval Lane N.E. to the Public Works Department for a feasibility study. Adopted Resolution No. 163-99 authorizing the City Clerk to advertise for the 1999 Season Supply of Washed Sand, Gravel, Crushed Rock & Pea Gravel. Adopted Resolution No. 164-99 authorizing the City Clerk to advertise for the 1999 Season Supply of Cutback Asphalt RC-800 and Asphalt Emulsion CRS-2 (Cationic). F� RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5509 Adjourned Meeting No. 7 — March 15, 1999 Agenda Item D-35 Adopted Resolution No. 165-99 authorizing the City Clerk to advertise for the 1999 Season Supply of Plant Mixed Bituminous Mixtures D-36 Adopted Resolution No. 166-99 approving Change Order Nos. 2 and 3 with Benike Construction for Project No. 8215-25-98 (J-9578) "1998 First Restoration of the Civic Center Ramp" adding $6,379.00 to the contract amount. D-37 Adopted Resolution No. 167-98 accepting the second periodic structural engineering condition survey report of the First Street Ramp prepared by Buildings Consultant Group, Inc. (BCG, Inc.) and authorizing BCG, Inc. to prepare plans and specifications to perform project inspections for the recommended maintenance and modifications for a fee not to exceed $18,000.00. D-38 See at end of D Items. D-39 See at end of D Items. D-40 See at end of D Items. Ayes (7), Nays (0). Motion carried. D-22 Councilmember Senjem noted in the Environmental Impact Report for the Quinstar development it was pointed out that there are sedimentation ponds flowing into wetlands. The DNR and PCA were concerned with this measure. MnDot also commented that the report did not provide enough information on the road improvements that the project would make necessary. Brent Svenby, Planning Department, noted that the developer was planning on using only one wetland for the sedimentation pond. Any dredging or filling of wetland will require the applicant to work with the US Corps of Engineers. Wetlands will be left in the natural state and used as drainage throughout the property. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 168-99 determining that the development known as Quinstar Development does not have the potential for significant environmental effects and that preparation of an environmental impact statement is not mandated in this instance. Ayes (7), Nays (0). Motion carried. D-38 Councilmember Senjem asked if it was wise to go ahead with the expenditure of funding to upgrade two railroad crossings in the City given the discussions on the DM&E Railroad upgrade through the City. Richard Freese noted that MnDot recommends the use of State and Federal dollars to improve railroad crossings to improve traffic safety irrespective of what other issues are going on. Terry Adkins, City Attorney, stated that, in the interest of safety and because of the availability of funds, it would be better to go ahead with the project. 5510 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item D-39 40 E-1 E-2 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 169- 99 executing agreements 73111 and 74775 between the City and DM & E Railroad. Ayes (7), Nays (0). Motion carried. Councilmember Senjem said that he has concerns about the rights of an individual. The individual is off for several months due to a work related injury; it appears that by offering a temporary appointment to another individual to take his place in the interim we are making it appear that he has lost his job. Councilmember Senjem noted that no one has bothered to talk with the individual about the temporary appointment. Steve Kvenvold, City Administrator, stated that the organization has had conversations with the individual and the fact that he will not be able to return to work for several months. The temporary replacement is less costly for the organization. The individual's job is very secure under this arrangement and cannot be taken away from him by the organization. Councilmembers Evans moved, Senjem seconded, to table to the April 51h meeting to find out if someone has talked with the individual and find out further information. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #98-32 to be known as Diamond Ridge Fifteen. Wishing to be heard was Robert DeWitz, 604 11th Avenue S.W. He showed the Council a map of the General Development Plan from 1994 approved by the City showing the two ponds. He noted that he has not agreed to consolidate the stormwater ponds. He said that the Public Works Department said he could add 40 feet, which would add approximately $25,000 to put in one pond. The pipe needs to be a larger size than originally needed. Mr. DeWitz stated that he cannot go back and charge homeowners in Diamond Ridge 8th and 12th for the additional expenses. Mr. DeWitz also stated that he doesn't think that different rules should be applied to something that has already been approved. Richard Freese, Public Works Director, noted that they did have a meeting with Mr. DeWitz and Councilmember Senjem and there was an agreement with Mr. DeWitz. He said that the Public Works Department would like the opportunity to review the cost estimates as presented by Mr. DeWitz for the additional cost of the ponding. The grading plan showed two ponds; the Public Works Department is only asking him to build one. Councilmembers Stobaugh moved, Senjem seconded, to continue the hearing to April 5th to obtain more information. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Type III, Phase II Zoning District Amendment #98-23 by the Professional Skaters Association to Rezone Lots 1-6, Block 1, Country Club Estates Subdivision. 1 Councilmember Marcoux moved, Stobaugh seconded, to continue the hearing to April 5th as requested by the applicant. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5511 Adjourned Meeting No. 7 — March 15, 1999 Agenda Item E-3 IA Continued Hearing on Final Plat #99-12 to be known as Northwest Storage Subdivision. Wishing to be heard was Ken Thamert, 1620 38th Street N.W. He noted that he had met with the Public Utilities and Public Works Departments and several councilmembers to resolve the right of way to be dedicated in the plat. Mr. Thamert questioned whether a 10 foot utility easement was necessary or if 8 feet was sufficient on the westerly portion of Lot 1. Mike Nigbur, Public Works Department, noted that the 10 foot utility easement is typical. The 8 foot easement was necessary for the right of way on the alley issue. However, he stated that the water easement could fit into the 8 foot area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 170-99 with four conditions and amending condition #3 reducing the 10 foot requirement to 8 feet. Ayes (7), Nays (0). Motion carried. E-4 A Continued Hearing on Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-5 by Franklin P. Kottschade to expand a grandular materials processing area on the south side of Willow Creek. Wishing to be heard was John Arnold, Dunlap & Seeger Law Offices, representing the applicant, Franklin Kottschade. This project consisted of three separate projects owned by SJC, the second under the management of Keystone Management and the third by Franklin Kottschade. Under Conditional Use Permit #98-5 the three projects were consolidated into one project. In addition to the mining of materials the CUP allowed for the processing of materials on the site. The request is to amend CUP #98-5 expanding the processing area and adding a bituminous mixing plant. Use of the bituminous plant would be limited to ten calendar weeks. Haul roads would be moved to the south to get them out of the flood zone. Additional stockpile locations, out of the flood zone, would be needed. The existing sewer line on the site will be protected. Restrictions for crossing of materials coming to the site would be changed as materials would need to be brought onto the site to do the bituminous mixing. Limitation of crossing times would also be changed; they are asking that the bituminous plant be allowed to operate from 7:00 AM-7: 00 PM Monday through Friday and Saturday as needed but for only 70 days as noted earlier. Staff had recommended approval subject to eight additional conditions. Mr. Arnold noted that they are in agreement with conditions one through six and eight. Condition seven, wetland investigation completion, they are in disagreement with. We agree with the facts but as a result of the failure to respond by the City of the deficiencies, that this is approved under Minnesota Statutes 50.99 (60 day rule). Based on the Council action this evening and the request for wetland delineation, Mr. Arnold stated they would be applying to the District Court for a Declaratory Judgement. Terry Adkins, City Attorney, stated that they he was working with Mr. Arnold on the declaratory judgement which would have a statewide impact. He asked Mr. Arnold RECORD OF OFFICIAL PROCEEDINGS OF .THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5512' Adnurned Meeting No 7 _ March 15,-1999 Agenda Item if he would approve the following language at the beginning of condition seven: "Subject to the final result of an declaratory judgement action which may be filed concerning this issue,...." Mr. Arnold agreed to the language insertion. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He addressed three issues related to the amendment of CUP #98-5. (1) The increase in traffic for the addition of the bituminous mix plant, (2) fencing, (3) and the distribution of the trucks that have been hauling from the project site. The increased traffic, based on the style of plant, would be 9-13 trips per hour for hauling of materials to and from the site for the bituminous operation and 4-8 trips per hour for other materials hauled from the site. For all sites operating, it might be 17-29 trips per hour. The perimeter of the property presently has a fence' around it now. Locked gates have and are being installed wherever there is a haul road operating. The third issue Mr. Tointon addressed was some concern as to the routes the trucks were taking in hauling to the site. They investigated, at the request of the applicant, whether trucks were traveling west on 40t' Street S.W. from the site. Through a list of materials hauled by contractors, a total of 42,058 cubic yards has been hauled; they have verified that all but 2090 yards were hauled to the east. Wishing to be heard was Jeff Broberg, McGhie & Betts, addressing the environmental issues that have arisen. The main haul road has been moved from the flood plain area. The only area in the operations within the flood plain will be a short connecting road to cross the area. There are no jurisdictional wetlands within the area; the timing of the review of the applications is being discussed between Mr. Arnold and Mr. Adkins. Wishing to be heard was Bob Kaiser, American Engineering and Testing, St. Paul, Minnesota, Vice -President of Environmental Services. Richard Lyle, Air Quality and Noise Expert from American Engineering, was also available for questions. Mr. Kaiser explained the mixtures used to make bituminous and the process needed. All plants have some type of air control device; all regulated by the Minnesota Pollution Control Agency. He also stated that there will be no tire noise from the trucks because of the slow speeds, the spill prevention plans are intact, odors and noise will not be noticed within 1200 feet. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Amendment to Restricted Development Conditional Use Permit #98-5 by Franklin P. Kottschade with condition seven amended, and with the condition that only one operation could run at a time, and with the condition that the portion of the amendment concerning the bituminous plant be reviewed by the Council in July 2000, without referral to the Planning Commission and without payment of any filing fee, and to instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. It was noted by Mitzi Baker, Planning Department, that in July 2000 the temporary access at 40t' Street negotiated with the Public Works Department expires. It was 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 — March 15, 1999 5 513 the Council consensus that this is re -looked at during renewal of the temporary access. E-5 IA Hearing on Annexation Petition #99-2 by Dennis Peterson to annex property located in part of the approved Pine Ridge Estates General Development Plan. A petition had been submitted by Bamber Ridge Subdivision residents for the following concerns: (1) to require the developer to establish a "size transition zone", (2) to require the developer to establish a natural barrier between Bamber Ridge Subdivision and Pine Ridge Estates, and (3) to require the developer to mitigate any storm water run-off from the development and consider the impact on a neighborhood well. Wishing to be heard was Fred Banfield, 1432 28th Street S.W. Mr. Banfield was concerned about the Pine Ridge lots, approximately 1/3 acre each, abutting the 5-6 acre lots in Bamber Valley. He was also concerned about the possibility of 14th Avenue S.W. being opened to traffic. Mr. Banfield noted that many of these present lots contain horses and the consequences relating to zoning. Mr. Banfield noted that the residents of Bamber Valley Subdivision have no interest in being annexed to the City of Rochester. Wishing to be heard was Richard Christiana, 2701 14th Avenue S.W., concerned about the transition zones and the meshing of the larger roads into smaller ones. Wishing to be heard was Nora Christiana, 2701 14th Avenue S.W. Ms. Christiana noted the concern of MnDot with the rock erosion along T.H. 52 and whether it has been taken care of. She also expressed concern about 14th Avenue becoming a through street and the increased traffic that would be seen. Wishing to be heard was Brenda Dicken, Chair of the Rochester Township Board. Ms. Dicken said that the residents of Bamber Valley Subdivision came to the Board meeting last week. The township officers felt that the issue had relevance, not for just this neighborhood, but for any future development where smaller city lots will abut against larger township lots. The township, in the interest of creating compatible development on adjacent city/township property, is requesting that the township be provided with general development plans, preliminary and final plats on developments adjacent to the township. It is necessary to know where roads will be hooked up to the township roads and in general know what is taking place. Notice of planned street extensions into township roads and related traffic analysis also need to be given the township Ms. Dicken also asked that City Planning and Zoning consider transitional zoning as well as to create green parkland as dedicated buffer zones. Wishing to be heard was Bill Andersen, Yaggy Colby, representing the applicant and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5514Adiourned Meeting No_ 7 — March 15, 1999 Agenda Item E-6 Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #99-2 by Dennis Peterson and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Preliminary Plat #99-4 to be known as Pine Ridge Estates Fourth Subdivision. Wishing to be heard was Bill Andersen, Yaggy-Colby, representing the developer. Mr. Anderson stated that 14th Avenue was shown on the general development plan as a through street; opening the street would give more than two entrances to the entire development. The erosion was addressed during the general development plan and an additional setback of 50 feet was given at the request of MnDot. He said that the development is city -size lots of approximately 1/3 acre each. Wishing to be heard was Mark Jacobson, 2705 Briar Court S.W.. Mr. Jacobson pointed out the boundaries of Bamberwood Subdivision and where the present 14th Avenue now ends. Wishing to be heard was Nola Christiana, 2701 14th Avenue S.W. Ms. Christiana stated that 14'h Avenue is currently a cul-de-sac and voiced her concern over connection with 25th Street and 15th Avenue. Wishing to be heard was Brenda Dicken, Chair, Rochester Township Board. Ms. Dicken noted that Rochester Township would like to see 14th Avenue connected. She stated that it is difficult. to snowplow as there is only one way out. She felt that people in Pine Ridge would not be coming through Bamberwood as it would not be a convenient way in or out. Wishing to be heard was Dick Christiana, 2701 14'h Avenue S.W. He stated that one concern that had not been addressed was that two lots in Bamberwood will have five houses within 50 feet of the lot lines. He requested that those new lots bordering on existing larger lots have bigger lots themselves to make for the transition. Wishing to be heard was Larry Sallee, 2515 14th Avenue S.W. He reinforced the need for larger lot sizes abutting the Bamberwood area. Mr. Sallee also pointed out that all of the traffic from the area comes onto 18th Avenue onto Mayowood Road. He stated that the projected number of homes to be developed and the subsequent traffic generated as a result will cause major traffic problems in the future. He felt that the reduction of the size of lots would greatly reduce the density for the area and help the traffic problems. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, noted that the City and County have been addressing a traffic signal at Mayowood Road and 16th Street. At the current time, the traffic volume does not meet the criteria for a signal but this subdivision may create enough traffic to warrant it. Future plans are for a traffic signal at Bamber Valley Road and Salem Road as well. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 55�5 Adjourned Meeting No. 7 = March 15, 1999 Councilmembers Senjem moved, Evans seconded, to approve Preliminary Plat #99-4 to be known as Pine Ridge Estates Fourth Subdivision with four conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-7 IA Hearing on Annexation by Ordinance Petition #99-3 by Leslie Lurken to annex property located in the approved Wedgewood Hills General Development Plan. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that they were asking for annexation of 33 acres for single family homes. He was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve Annexation by Ordinance Petition #99-3 by Leslie Lurken and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Type III, Phase II, Land Subdivision Permit #99-2 by Leslie Lurken to be known as Wedgewood Hills Second Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole noted their agreement with the seven conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve Land Subdivision Permit #99-2 by Leslie Lurken with seven conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Type III, Phase II Special District Final Site Plan by Culver's of Rochester to construct a Culver's Restaurant on property located south of 55tn Street N.W., north of the parking lot of the Wal-Mart store. Wishing to be heard was Steve Wernimont, 1115 36th Street S.W., one of the applicants. He said that he and his brother are hoping to bring a Culver's Restaurant to Rochester. They are in agreement with the four conditions. Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 171-99 Approving II Special District Final Site Plan by Culver's of Rochester with four conditions. Ayes (7), Nays (0). Motion carried. E-10 A Hearing on Vacation Petition #99-3 by Venstar, LLC to vacate the 10-foot utility easement located between Lots 3 and 4, Block 1, Radichel First Replat. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 516 Ar inurn -d MP -tine No 7—March 15, 1999 Agenda Item E-11 E-12 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 172-99 Approving Vacation Petition #99-3 by Venstar, LLC with one condition. Discussion. Gary Neumann, Assistant City Administrator, asked the Council to amend the one condition. He noted that that the applicant has agreed to pay for the relocation of the existing utilities and asked that it be added to the condition. Councilmembers Hanson and Evans amended the motion and second to include that the applicant pay for any relocation of existing utilities in the vacated area. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Preliminary Plat #99-3 to be known as White Oaks Third Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that the plat contains an outlot on which a four -cell detention pond was constructed. The outlot also has a bike trail that connects to the Douglas Trail system. The outlot could not be dedicated to the City until the Public Works Department accepted the pond area which has been done. They are acceptable to the two conditions required. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Preliminary Plat #99-3 to be known as White Oaks Third Subdivision with one condition and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase III General Development Plan #136 by Quinstar for low -density residential development on land located south of Pinewood Road S.E. Wishing to be heard was Jeff Griffin, GGG Engineering, Chatfield, representing the applicant. Mr. Griffin stated that they agreed with the nine conditions and would probably be looking at a B-4 zoning for the area in the future. Brent Svenby, Planning Department, noted a change in condition eight to read "...as outlined in the March 15, 1999 memo from the Rochester Park and Recreation Department..." rather than February 11, 1999 memo. President Hunziker referenced late fax of a letter received from Jerry Midler with nine questions Mike Nigbur, Public Works Department, said that the water problem questions will be looked at in more detail when the grading plan is submitted. It presently meets the storm water detention intent but it will be looked at more closely as the project develops. Phil Wheeler, Planning Department, noted that the first condition which notes designation for "industrial/commercial" be revised to indicate that it be designated 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 55�7 Adjourned Meeting No. 7 — March 15, 1999 Agenda Item for "non-residential uses permitted in the low density districts" if the Land Use Plan designation is not amended. Having no one further wishing to be, heard, President Hunziker closed the hearing. Councilmember Hanson requested that as the project progresses, he meet with Richard Freese, Public Works Department, to look at solutions for the ditch behind the 20th Avenue residence. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #136 by Quinstar with nine conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-13 A Hearing on Type III, Phase II Restricted Development Preliminary Plan, Amendment to the Fiksdal PUD to allow for the development of a new hotel facility located north of 2"d Street S.W., south of 1st Street S.W. and west of 12th Avenue. Wishing to be heard was Curt Smith, representing Fiksdal Motel of Rochester LLC. Mr. Smith noted that the extension of the present Fiksdal is designed primarily for people who stay for long period of time in the area. He said that the extension would be located between the existing motel and Canadian Honker Restaurant and would extend to the North to First Street S.W. He said that 126 parking spaces would be available; some of the neighbors and their employees are asking for additional parking spaces. He also agreed that he would have to be careful how many parking spaces he leased out so that parking was also provided for his employees. Mr. Smith noted that one of the greater concerns was the alley and the availability for trucks to access. The alley is to be vacated where the motel is to be built and extend north to First Street at 25 feet in width. Wishing to be heard was Ruth Dolan, owner of the Bell Tower Inn and Alpine Inn, Second Street S.W. Ms. Dolan also owns two houses on First Street S.W. She and her neighbors are concerned with whether or not their customers can find them, the truck deliveries and garbage pickup, public safety, and residential neighborhood intrusion. Councilmember Marcoux noted that condition eight addresses the issue of a common driveway. She asked that this condition be amended to include a parking space for the adjacent property owned by Ruth Dolan. Wishing to be heard was Mike Quirk, 847 First Street S.W., representing the Kutzky Park Neighborhood. He said that the residents are concerned with the access of trucks and other traffic onto First Street S.W. He also talked about the problem of parking spaces for Ruth Dolan and the possibility of hotel visitors taking parking away from her tenants. He suggested that the parking on 12th Street be eliminated and the entrance to the Canadian Honker property be made farther north to alleviate traffic problems. Mr. Quirk also was concerned about the height elevation of the development. The setback requirements along First Street will not be RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5518 CITY OF ROCHESTER, MINNESOTA AtImmirnPd Meetinq No —March 15, 1999 Agenda Item meeting the code. Although being described as a four-story hotel, street level there is at least another level; the residents on First Street will be looking at a five -story building. 0 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 173-99 approving Restricted Development Preliminary Plan, Amendment to the Fiksdal PUD with nine conditions and amending condition eight as described by Councilmember Marcoux. Ayes (7), Nays (0). Motion carried. E-14 A Hearing on the Amendment to the Zoning Ordinance and Land Development Manual — Advertising Signs. Wishing to be heard was Chris McCarver, Eller Media, Minneapolis. He distributed a letter given to the neighborhood residents in response to Godfather's Pizza sign. However, the neighbors did not like the concessions in the letter and asked that the sign be removed. The neighbors feel that it distracts from their visibility to the north. He noted that the neighborhood is surrounded on three sides by commercial. Mr. McCarver felt that the intent of the Council was to have signs built on major arterial highways; that it what the sign does. If the staff recommendation is adopted, one-half of the signs in the City will be non-comforming and will not allow for any relocation of sign credits. Wishing to be heard was Harris Broin, 1512 16'h Avenue N.W. Mr. Broin related the meetings that the neighbors had with Mr. McCarver. They had questioned that perhaps this particular sign was not in conformity but were told by Robert Patterson, a member of the Planning and Zoning Commission, that it was. After the second meeting, the consensus of the neighbors was what we were offered were merely cosmetic in nature. He urged that the Council vote for the amendment to the zoning ordinance. The amendment will not affect his neighborhood but may affect other citizens of Rochester. President Hunziker asked if the proposal by Mr. McCarver to shut off the lights facing the neighborhood (south side) would be acceptable. Mr. Broin said that they would accept the proposal. Wishing to be heard was Bruce Leon, State Farm Agent in Rochester. He originally rented a space on Highway 52. The property he recently purchased is currently B- 4 zoning across from Keehn Motors on Highway 52. They are considering a sign close to Highway 52 but are approximately 20 short on the 250-foot perimeter. Mr. Leon stated that the sign location exposure should be looked at individually on its merit and location. Wishing to be heard was Ken Moen, Dunlap & Seeger, representing Delight Advertising Company. Mr. Moen noted that there are currently 144 signs, 52 signs would be affected, 21 now not conforming, 31 of which are now conforming but with the amendment to the ordinance will be made non -conforming. The only sign that has raised any controversy is the Hillcrest Sign; no one else has been heard from. He asked the question of why should the ordinance be changed just because one 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Adjourned Meeting No. 7 — March 15, 1999 Agenda Item complaint has been made and where the sign company was willing to come forward with concessions. The sign ordinance defines "business" and "advertising" signs. Mr. Moen pointed out that the only difference is in the content of the advertisement. In the case of the Hillcrest sign, if the sign were advertising a business in Hillcrest it would be legal; because it is advertising another business, it is not legal. He said that it did not make sense to him why one sign, the same height, same maximum area, free-standing, permitted lighting, is illegal because it is an advertising sign rather than a business sign. Mr. Moen suggested that site specifics be looked at; that individual characteristics be looked at in locations, landscaping, tree locations, etc. He suggested that a conditional use permit process be used whereby the neighbors would be notified and the signs judged individually according to the criteria. Wishing to be heard was Mack Evans, 700 15th Street N.E. Mr. Evans removed himself from voting on the amendment; he has an advertising sign. Mr. Evans referenced a recent meeting sponsored by the State of Minnesota where the State told businesses they could obtain a book on "how to survive". He stated that having a sign helps to survive. He also noted that commercial property pays most of the taxes in town. If the amendment to the ordinance is passed, his sign will become non -conforming and a larger problem will be created. He asked that the Council not approve the ordinance amendment. Wishing to be heard was Donna Broin, 1512 16'/z Avenue N.W. Ms. Broin corrected a statement made by Mr. Moen; he said that a.statement was made by them about the sign located on the Godfather property advertising a local pizza business. She stated that was not what was said at the January 4th meeting but an error in the minutes of the meeting. Ms. Broin noted that there have been letters recently in the Post -Bulletin addressing the fact that billboards blot the City; she said she has yet to see a letter to the editor supporting the increase in billboards in the City. She said that a conditional use permit process would place an additional burden on City staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to approve Amendment to the Zoning Ordinance and Land Development Manual — Advertising Signs and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (2), Abstain (1). Motion carried. Councilmembers Hanson and Senjem voted nay. Councilmember Evans abstained. E-15 A Hearing on the Zoning Ordinance Text Amendment #99-1 Modifying Zoning Regulations Applicable to Manufactured Housing Development in Subdivisions and in Manufactured Home Parks Applicable to all Pertaining Zoning Districts. Wishing to be heard was Bill Sepic, president of the Chamber of Commerce, 220 South Broadway. Mr. Sepic reminded the Council of the need for affordable housing in Rochester and the critical part it plays in attracting and keeping potential employees. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5520 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No_ 7 — March 15, 1999 Agenda Item F-1 F-2 F-3 F-4 F-5 F-6 G-2a Wishing to be heard was Bruce Snyder, 4349 Cimarron Court N.W. He asked that the Council keep in mind that affordable housing does not have to be new housing. Mr. Snyder said that the zoning amendment is not the answer to all of Rochester's affordable housing issues; there are other ways to tackle the problem. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve Zoning Ordinance Text Amendment #99-1 Modifying Zoning Regulations Applicable to Manufactured Housing Development in Subdivisions and in Manufactured Home Parks Applicable to all Pertaining Zoning Districts and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 174-99 endorsing the merger of the police and fire consolidation accounts with the PERA Police and Fire Fund as amended by the League of Minnesota Cities' Proposal Summary of February 28, 1999 and as found in House File 1853 and Senate File 1689. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to approve the request from the Rhodes Homeowners to levy the street improvement costs as special assessments over a period of five years. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 175- 99 approving the Guidelines and Procedures for Conduit Debt Issuance as revised on March 11, 1999. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 176- 99 entering into a Cooperative Agreement with Olmsted County transferring the jurisdiction for CR 148 and CR 147 to the City and requesting the Rochester town Board to agree to allow the City to annex 48t' Street S.W. to the city. Ayes (7), Nays (0). Motion carried. Councilmember McConnell left the meeting. Councilmembers Senjem moved, Hanson seconded, to reject the bids received for Project No. 9954 (J-6399) "Traffic Signal Painting Program" and Project No. 8215- 30-99 (J-4691) "Parking Ramp Painting". Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to enter into an agreement with ACSG to student potential intermodal transportation at the Rochester International Airport. Ayes (6), Nays (0). Motion carried. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. An Ordinance Amending and Reenacting Section 66.104 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the 1 7 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF"THE COMMON COUNCIL CITY OF_ ROCHESTER, MINNESOTA Adjourned Meeting No. 7 — March 15 1999 5521 Issuance of Permits for Mining or Extraction Activities Within the City was given a first reading. G-2b An Ordinance Annexing to the City of Rochester Approximately 34.32 Acres of Land Located in a Part of the West Half of the Northeast Quarter of Section 15, township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (East of 18th Avenue S.W., West of Highway 52, North of Lenox Court) G-2c An Ordinance Annexing to the City of Rochester Approximately 33.77 Acres of Land Located in a Part of the Northeast Quarter of Section 18, township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 55th Street N.W., West of 50th Avenue N.W.) G-2d An Ordinance Amending and Reenacting Subsection E of Subdivision 5 of Section 63.224 of the Rochester Code of Ordinances, Relating to the Regulation of Advertising Sign Locations Adjacent to Residential Zone Districts in the City of Rochester was given a first reading. G-2e An Ordinance Creating and Enacting Section 62.455 of the Rochester Code of Ordinances, and Amending and Reenacting Sections 60.200, 62,224, 62.231, 62.232, 62.241, 62.242, 62.251, 62.262, 62.361, Subsection 2 of Section 62.381, 62.441, 62.455, 62.511, 62.512 and 62.513 of the Rochester Code of Ordinances, Relating to the Regulation of Manufactured Housing Development in Subdivisions and in Manufactured Home Parks, was given a first reading. G-3a An Ordinance Annexing to the City of Rochester Approximately 50.32 Acres of Land Located in a Part of the Northwest Quarter of Section 32 and a Part of the Southwest Quarter of Section 29, township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of 7th Street N.W., West of 46th Avenue N.W., South of Highway 14) G-3b An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances, Relating to the Names of the Streets Platted in Manorwoods West Seventh and Tenth Subdivisions was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. G-3c An Ordinance Creating and Enacting Sections 21.06 of the Rochester Code of Ordinances, Relating to the Establishment of a Disabled Parking Volunteer Enforcement Program with the City of Rochester Police Department was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. G-3d An Ordinance Amending and Reenacting Sections 85.02 of the Rochester Code of Ordinances, Relating to Indecent Conduct. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5522, Adjourned Meeting No. 7 — March 15, 1999 Agenda Item G-4 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 178-99 entering into an owner agreement with Payne Company and Elcor Construction for Project No. J-9556 "Basic Construction in Century Hills Third Subdivision Lots 1-6, Block 1; Lots 1-4, Block 2; Lot 1, Block 3; Lots 1-34, Block 4. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk 1