HomeMy WebLinkAbout04-19-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 — April 19, 1999 5545
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A-1 Wishing to be heard was Jerry Reynolds, 2017 Telemark Lane N.W. Mr. Reynolds
first told the Council that the City was fortunate in having individuals who would
serve in their capacity to take care of the City. Mr. Reynolds was concerned about
spending $375,000 for the footbridge over the Zumbro River. He felt that there
were other locations that were busier and could benefit more from footbridges over
them. Mr. Reynold also questioned the amount of money that will be spent on the
development of a new canopy for the Rochester International Airport.
B-1 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. Absent: None
D-2,4- Councilmembers Hanson moved, Senjem seconded, to approve the following
16, 19- consent agenda items:
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D-1 No minutes were approved.
D-2 Adopted Resolution No. 236-99 calling for a public hearing for May 17, 1999, for the
issuance of up to $11,500,000 in housing revenue bonds for the Volunteers of
America senior housing project.
D-3 See at end of D Items.
D-4 Approved the allocation of $134,674.00 of available tax credits to James
Development for multi -family residential housing and to apportion that amount to
MHFA for the administration of the tax credit program for 1999 on behalf of the City
of Rochester.
D-5 Approved an amendment to the provisions of Paragraph 60.338(1,a) of the Land
Development Manual to include language that reflects that a proposed zoning
district may further goals and policies better than the present zoning classification.
D-6 Adopted Resolution No. 238-99 authorizing the issuance and sale of $25,270,000
in Multi -Family Housing Revenue Bonds for the Wedum sponsored Shorewood
project at 2205 Second Street S.W.
D-7 I Approved the following licenses and miscellaneous activities:
Circus
Rochester Jaycees for George Carden Circus — April 27, 1999
Master Plumber
Larry Denison DBA Denison Plumbing, Inc., LaCrosse, Wisconsin
Miscellaneous Street Use
Med-City Marathon Road Race — Soldier's Field — May 30, 1999
Rochester Area Special Olympics Bike Tour — July 11, 1999
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Rppiflar Adiwimpd Meeting No 9 — April 19, 1999
Approved the change in corporate name of the On -Sale and Sunday Liquor License
to Ristorante D-Agostino's, Inc. to Riverside Depot, Incorporated, at 20 Fourth
Street S. E.
Adopted Resolution No. 239-99 referring the petition from K& P Partnership for
extension of Hillboro Drive to Orchard Ridge to the Public Works Department for a
feasibility study.
Adopted Resolution No. 240-99 referring the petition from D & G Properties for
sanitary sewer and water extension to the Public Works Department for a feasibility
study.
Adopted Resolution No. 241-99 setting a public hearing for May 17, 1999 to
assessing unpaid accounts for weed removal, tree removal, snow removal, debris
removal, impound towing, secure property and sewer/water.
Approved Accounts Payable in the amount of $971,927.60.
Adopted Resolution No. 242-99 authorizing the City Clerk to advertise for bids for
tankwagon fuel proposals to be opened on May 6, 1999.
Adopted Resolution No. 243-99 authorizing the Integrated Emergency Management
System Planning and Advisory Committee to be the community -wide Y21K
contingency planning oversight group.
Adopted Resolution No. 244-99 amending Resolution No. 308-98 vacating the
right-of-way of First Street between Third and Fourth Avenue S.W.; vacation should
have been between Block 26 and Block 29 of the Original Plat.
The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation
was noted.
Adopted Resolution No. 245-99 authorizing the application and grant agreement by
the Police Department for an AmeriCorps Worker to assist with various services
provided by the Police Department.
See at end of D Items.
See at end of D Items.
Adopted Resolution No. 246-99 entering into an agreement with Rochester
Communications, Inc. for the maintenance of radio equipment used by Police, Fire
and Sheriff.
Adopted Resolution No. 247-99 referring the petition from the residents in Baihly
Woodland Subdivision to the Public Works Department for a feasibility report and to
authorize staff to develop Engineering Service Agreements for a sanitary sewer and
watermain extension project to serve Baihly Woodland Subdivision.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
. CITY OF ROCHESTER, MINNESOTA 5547
Regular Adjourned Meeting No. 9 — April 19, 1999
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D-21 Adopted Resolution No. 248-99 entering into a City -Owner contract for Project No.
J-9569 and authorizing staff to develop and execute a contribution agreement for
improvements to Substandard Streets for White Oaks Third Subdivision.
D-22 Adopted Resolution No. 249-99 entering into a City -Owner contract for Project No.
J-9568, authorizing staff to develop and execute a storm water management
agreement for Wedgewood Hills Second Subdivision, and authorizing staff to
develop and execute a contribution agreement for improvements to Substandard
Streets for Wedgewood Hills Second Subdivision
D-23 Adopted Resolution No. ,250-99 awarding the contract to Rochester Sand and
Gravel at $332,078.83 for Project No. 7106-98 (J-9508) S.A.P. 159-130-03 "Widen
East Frontage Road, extending from 55th Street N.W. to Pennington Court N.W."
D-24 Adopted Resolution No. 251-99 accepting bids for the 1999 Season Supply of
Aggregate Materials.
D-25 Adopted Resolution No. 252-99 accepting bids for the 1999 Season Supply of
Bituminous Materials.
D-26 Adopted Resolution No. 253-99 accepting bids for the 1999 Season Supply of
Asphalt Materials.
D-27 I Adopted Resolution No. 254-99 amending Paragraph 231.2 of Section B "No
Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read:
(231.2) 25th Street S.E. on both sides of the street from TH 63 to the end of
the Street at all times.
D-28 Adopted Resolution No. 255-99 setting a public hearing for 7:00 P.M., May 17,
1999, to expand Residential Permit Parking Zone #8 (Kutzky"s Addition) on 8'h
Avenue N.W. on the east side of the 200 block.
D-29 I Adopted Resolution No. 256-99 approving Change Order #1 to the Gillig Bus order
at a cost of $7,885.00 per bus plus $410 for diagnostic software and cables.
D-30 Adopted Resolution Nos. 257-99, 258-99, 259-99 and 260-99 for Project No. 9802
(J-9469) S.A.P. 159-109-20 "reconstruction of Civic Center Drive from 2Id Street
S.E. 2"d Street N.E." ordering the project to be made and receiving the feasibility
report, ordering an improvement hearing on May 17, 1999, ordering preparation of
the assessment roll and ordering an assessment hearing for May 17, 1999.
Ayes (7), Nays (0). Motion carried.
D-3 Councilmember McConnell reminded the Council not to get comfortable with the
extension of the franchise for Bresnan Communications as it is only going to
continue.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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�..��._ ed Meeting Na 9 —April 19�1999
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Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No.
237-99 granting a two -month extension to the cable television franchise with
Bresnan from May 9 to July 9, 1999. Ayes (7), Nays (0). Motion carried.
D-17 Councilmember Evans thanked Sunstone Hotel Properties, Inc. (the Kahler Hotel)
for a $1000 donation to the Cop Talk Live television program.
Councilmembers Evans moved, McConnell seconded, to accept the $1000
donation from Sunstone Hotel Properties, Inc. (the Kahler Hotel) for the Cop Talk
Live television program. Ayes (7), Nays (0). Motion carried.
D-18 Councilmember Senjem recognized and thanked Celebrity Bowl Charities for the
$1000 donation to the Rochester Police Department Honor Guard for assistance in
paying for uniforms and equipment.
Councilmembers Senjem moved, Stobaugh seconded, to accept the $1000
donation from Celebrity Bowl Charities to the Rochester Police Department Honor
Guard for assistance in paying for uniforms and equipment. Ayes (7), Nays (0).
Motion carried.
E-1 A Hearing on Zoning Appeal of a Board of Appeals Decision on an Appeal Request
by Rick Penz on Land Described as Rocky Creek First Subdivision.
Wishing to be heard was Ken Moen, Dunlap & Seeger, representing Rick Penz.
Mr. Moen said that the question is whether this project falls in the exclusion of the
mining moratorium; he stated that it does fall in the exclusion. He distributed copies
of a purchase agreement showing that it is a specific proposal for a specific
agreement. He stated that there would be no crushing of materials on the site. He
urged the Council to reverse the decision of the Zoning Board of Appeals.
Wishing to be heard was Donald Staley, 2435 Aspen Drive S.W., Real Estate
Agent. Mr. Staley noted that the applicant already has apartment dwellings in the
City and in several states and desires to build three more units each year over the
next three years in Rochester. He stated that the design of the building sits well
within the capacity of the land. In answering questions from the Councilmembers,
he noted that there are more than 10,000 cubic yards of materials being moved but
it is only for the site preparation, foundation and footings of the building.
City Attorney Terry Adkins pointed out that the only matter before the Council is
whether the project meets the mining moratorium's exclusion for a footing and
foundation permit. He said that the applicant concedes that the project exceeds the
removal of more than 10,000 cubic yards of materials and changes the elevation of
the hill by more than 10 feet. Thus, the only issue left is whether the applicant's
request is actually a request for a footing and foundation permit.
Wishing to be heard was Lisa Wiesner, Design Construction, 937 37th Avenue
N.W. Ms. Wiesner gave a brief summary of what a footings and foundation permit
consists of and what permits are obtained in what order. The topography of the site
has to be considered and how it will be affected by the project. She stated that this
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5549
Regular Adjourned Meeting No. 9 — April 19, 1999
is a viable project, the applicants are extremely interested in building the apartment
complex, and that the exclusion does apply in this instance.
Councilmember Evans pointed out that several years ago the applicant applied for
a grading permit that envisioned mining activity for many years and now has
progressed to a footing permit. He felt that the project should be held until the
mining moratorium goes off so that there will be no misconceptions of the project
being a mining project.
Wishing to be heard was Theodore Lasky, 804 26th Street N.E. Mr. Lasky noted
that the area is zoned residential. The mining of the hill is going to expose rock
with no vegetation. The property owner with be encroaching on the rights of the
adjoining property owners to have a peaceful environment. The ordinance does not
allow for mining, defacing, dust, noise and destroying the visual aspect of the area.
Mr. Lasky asked if the City is going to continue to allow the defacing of the
landscape of the area. The neighborhood is opposed to the project. He also stated
that the project should be held until the mining moratorium ordinance is adopted.
Wishing to be heard was John Stadelman, 780 26th Street N.E. Mr. Stadelman said
that the grading plan proposes an extensive removal of soil. The 1998 moratorium
stopped mining within the City. A large section of the hill is already flat. The
purpose of removal of so many cubic yards is to sell the sand and gravel for a large
profit.
Wishing to be heard was Ray Hayward, 1024 Northern Valley Drive N.E. He stated
that there is no question that this project falls within the mining moratorium. The
grading changes would remove approximately 50 feet of the hill and 330,000 cubic
yards of materials. He also stated that the exception to the moratorium does not
allow for a "real deal'.
Wishing to be heard was Lou Ohly, 912 Eighth Street S.W. Mr. Ohly represented
450 families near the area who came to him to see that they have peace and quiet.
He stated that the removal of 330,000 cubic yards of materials could net a price of
$1.3 to $1.4 million; the applicant paid only $120,000 for the property. He also
noted that a purchase agreement prepared over the weekend constitutes nothing
more than a mining operation.
Wishing to be heard was Theodore Lasky, 804 26th Street N.E. Mr. Lasky stated
that the original application for grading before the Zoning Commission was changed
from 18 years to 18 months.
Wishing to be heard was Ken Moen, Dunlap & Seeger, representing the applicant.
Mr. Moen said that an 18-year permit is not before the Council but rather a project
for a building that will require a footings and foundation permit.
Having no one further wishing to be heard President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5550 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 9 — April 19, 1999
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Mitzi Baker, Planning Department, stated that a draft of the mining moratorium will
be available shortly and is scheduled to be before the Planning and Zoning
Commission the week of April 26, 1999.
Councilmembers Evans moved, Stobaugh seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order affirming the decision of
the Zoning Board of Appeals to deny the Appeal Request by Rick Penz on land
described as Rocky Creek First Subdivision as the project is a mining operation as
per substantial evidence noted on page 78 of the Request for Council Action.
Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II Amendment to the Planned Unit Development
which covers Madonna Towers located south of 41st Street N.E., west of 19th
Avenue N.W. and east of Maplewood Mall.
Wishing to be heard was Mark Cairns, Administrator, Madonna Towers, 1113 19th
Street N.E. Mr. Cairns noted that Madonna Towers, built in 1967, was the first
continuing care residential community in the State. He noted that they were in
agreement with all six conditions. Mr. Cairns stated that sprinkling of the entire
building stair towers and common hallways will be done immediately with the
complete building completed within ten years. The Rochester Fire Department has
agreed to the compromise for the sprinkling schedule.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Marcoux seconded, approved the Amendment to
the Planned Unit Development which covers Madonna Towers with six conditions
amending the second sentence of condition number #3 to read: "The individual
units of the high-rise will be sprinkled within ten years after the completion of the
project" and instructed the City Attorney to prepare Findings of Fact, Conclusions of
Law, and Order. Ayes (7), Nays (0). Motion carried.
E-3 A Hearing on Type III, Phase II Amendment to Planned Unit Development R-11
which covers the Cedarwood Mall to permit the construction of a restaurant located
north of 415t Street N.W., east of 18th Avenue N.W. and west of the Cedarwood
Mall.
President Hunziker noted that condition#2 should be modified deleting the
requirement for the substandard street fee.
Wishing to be heard was Richard Hawkins, 2207 Seventh Street N.W. Mr. Hawkins
was in agreement with the eight conditions but asked that condtiion #7 dealing with
signage be 88 square feet rather than 50 square feet for all of the signs on the
outside of the building.
Brent Svenby, Planning Department, noted that in the B-1 zoning district a fast-food
restaurant is only allowed 50 square feet of wall space. This is a PUD, staff uses
B-1 zoning standards, but a PUD allows for flexibility.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Adjourned Meeting No. 9 —April 19, 1999
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, McConnell seconded, to approve Amendment to
Planned Unit Development R-11 which covers the Cedarwood Mall with seven
conditions, amending condition #7 to include 88 square feet of wall signage and
instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
A Hearing on Amendment to General Development Plan #70 by Mark Hanson to be
known as Folwell Ridge.
Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the
applicant; noted that they were in agreement with all seven conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Amendment to
General Development Plan #70 by Mark Hanson to be known as Folwell Ridge with
seven conditions and instructed 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 II Restricted Development Preliminary Plan #99-5 by
Olmsted County Housing and Redevelopment Authority to use the north portion of
an existing garage for storage of a pickup truck. The property is located at 919
Seventh Street N.E.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
261-99 approving Restricted Development Preliminary Plan #99-5 by Olmsted
County Housing and Redevelopment Authority. Discussion.
Gary Lueders, Director, Olmsted County Housing and Redevelopment Authority,
stated that the Housing Authority will be working with neighbors and Public Works
for landscaping to keep runoff to a minimum on surrounding properties.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hanson seconded, to waive the final plan
requirement for Restricted Development Preliminary Plan #99-5 by Olmsted County
Housing and Redevelopment Authority. Ayes (7), Nays (0). Motion carried.
E-6 A Hearing on Rochester Urban Service Area Land Use Plan Amendment #99-1 by
Investors Real Estate Trust to amend the land use designation from "Industrial' to
"Medium Density Residential" on property located north of 41st Street N.W., east of
the Douglas Trail, and south of the Arboretum Special District.
Wishing to be heard was Lisa Wisner, Design Construction, 937 37th Avenue N.W.,
available to answer any questions.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5552 CITY OF ROCHESTER, MINNESOTA
Rpgiflar Adi,ime i Meeting No 9 _ April 19, 1999
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Councilmember McConnell asked Ms. Wisner if she was aware of what was
commercially planned for the remainder of the area that would remain zoned
industrial. He noted that there is housing both to the north and south.
Mitzi Baker, Planning Department, said that no projects are proposed for the
remaining industrial portion but it would have to come before the Council as a PUD
prior to any building.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 262-
99 approving Rochester Urban Service Area Land Use Plan Amendment #99-1 by
Investors Real Estate Trust with four conditions. Ayes (7), Nays (0). Motion
carried.
E-7 A Hearing on Type III, Phase II Zoning District Amendment #99-4 by Investors Real
Estate Trust to amend the zoning district from R-1 to R-3 on property located north
of 41st Street N.W., east of the Douglas Trail, and south of the Arboretum Special
District.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Senjem seconded, to approve Zoning District
Amendment #99-4 by Investors Real Estate Trust with three findings 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 ll, Preliminary Plat #99-7 to be known as Circle Drive
Corporate Park Second Subdivision.
Wishing to be heard was Mac Hamilton, 400 South Broadway. Mr. Hamilton noted
that the three conditions are acceptable with the modifications to condition #1 as
suggested by the Public Works Department.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to approve Preliminary Plat
#99-7 to be known as Circle Drive Corporate Park Second Subdivision with three
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 Final Plat #99-17 to be known as Manorwood Lakes Fourth
Subdivision.
Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W. Mr. DeWitt asked
that the plat not be tabled. They are in agreement with all conditions.
Mitzi Baker, Planning Department, said an outlot for storm water management be
included in the plat. Two short streets should be included in the plat as well that
are not shown on the plat that would provide access to the property to the east.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Adjourned Meeting No. 9 — April 19, 1999
These two items will revise the layout and appearance of the plat other than what
has been presented to the Council this evening. She asked that the Council table
the item until such time as the final plat is revised and submitted. However, they
won't be rerouted to the various departments for comments.
Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. He explained that the
two short streets go into the quarry. They were left off at the request of the abutting
property owner. He noted that the Public Works Department has already approved
the sewer and water into the stub streets. The land to the east belongs to Quarve.
Richard Freese, Public Works Director, stated that they would be comfortable with
the approval of the final plat this evening providing that it is not setting a precedent
for the future.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 263-
99 approving Final Plat #99-17 to be known as Manorwood Lakes Fourth
Subdivision with five conditions. Ayes (7), Nays (0). Motion carried.
E-10 A Hearing on Final Plat #99-3 to be known as White Oaks Subdivision.
Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. They were in agreement with all six conditions. He said that in lieu of
condition #1, the applicant would write a letter stating that when the adjacent area
is planned and developed in the future, the 50-foot right-of-way would be granted to
the City at no cost. Mr. Masterpole also stated that they would work with the Public
Works Department on conditions #3 and #5 to solve access and grading issues
along 50th Avenue.
Mike Nigbur, Public Works Department, noted that pedestrian facilities need to be
installed. Depending on what the final cross-section of 50th Avenue looks like, a
ten -foot bituminous path may not be handled.
Councilmember Marcoux noted a letter from the Soil and Water Conservation
District requesting that a seventh condition be placed on the plat to read: "The site
must have a temporary seeding established and temporary sediment runoff control
measures be installed and maintained until the site is stabilized and all lots are
developed."
Having no one further wishing to be heard, President Hunziker closed the meeting.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
264-99 approving Final Plat #99-3 to be known as White Oaks Subdivision with
seven conditions, modifing condition #1 to provide letter stating dedication of right-
of-way to the City in the future at no cost. Ayes (7), Nays (0). Motion carried.
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A Hearing on Final Plat #99-2 to be known as Wedgewood Hills Second.
It was noted that a letter had been received from the Soil and Water Conservation
District requesting that a sixth condition be placed on the plat to read: "All
temporary erosion and runoff control measures be installed and a maintenance
schedule submitted to prevent additional site impacts from this development".
Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the
applicant. He noted agreement with the five original conditions and the additional
condition from the Soil and Water Conservation District.
Having no one further wishing to be heard, President Hunziker closed the meeting.
Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 265-99
approving Final Plat #99-2 to be known as Wedgewood Hills Second with six
conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final plat #99-19 to be known as Rose Harbor Estates.
Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. He noted that the
Subdivision was created in 1958. They are proposing to split the lots into 60 foot
lots to build affordable homes. The grading plan can't be submitted until the lots
are split. They have held a neighborhood meeting with the residents. Mr. DeWitt
showed maps outlining the subdivision before and after the lot splits for the lots that
he owns and those lots not owned. The road on the south end of the plat currently
does not exist.
Staff noted that the monies collected by the special sales tax could not be used for
sewer and water service for vacant lots. Mitzi Baker, Planning Department, noted
that the ordinance requires that drainage and grading plans be submitted prior to
the final plat.
Wishing to be heard Ray Link, 2910 Rose Drive S.E. Mr. Link's concern was the
splitting of the lots. He said that the existing big lots would all be changed. He was
concerned that the smaller lots, lower -priced housing and lower -income residents
would hurt the value of his property. He further stated that the existing water tower
would not serve an additional 150 houses. Mr. Link was concerned that the
additional costs would be affecting those already existing.
Richard Freese, Public Works Director, noted that a new water tower would be
replacing the existing structure to be built in 2001. The water main would be paid
by Public Utilities; the cost to the homeowners would be for the sewer mains.
Wishing to be heard was Lisa Moreno, 2840 Knollwood Drive S.E. She purchased
her home nine months ago. She was aware that Mr. DeWitt owned property and
would like to develop. She noted that at the neighborhood meeting concerns were
raised about the housing that would be built in lower Rose Harbor and probably
duplicate some of the housing in the higher Rose Harbor. Ms. Moreno noted that
Mr. DeWitz had indicated that he would like to be a recipient of government monies
to build lower cost housing. She said that probably garages would not be added
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without additional cost; the basement issue would be a big issue and not intended
for all homes. He also would not have green spaces. Ms. Moreno that high
turnover rates would result rather than stability of the neighborhood.
Wishing to be heard was Wade Munson, 2906 Knollwood Drive S.E. Mr. Munson
noted that he has lived on his property for the past 40 years. He said that during
that time they were promised things that were never delivered, many of the things
because of the rock base under the subdivision.
Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. Mr. DeWitz explained
that they were planning on putting split style homes with four foot basements at a
cost of approximately $89,000.
Wishing to be heard was Jeff Slezak, 3200 Eastwood Road S.E. At the time Mr.
Slezak bought his house, he was given a copy of the plat. He believed that the size
of the lots would remain. It was what drew him to buy his property. He is against
the split of the lots.
Wishing to be heard was Ron Brausch, 4600 18th Avenue N.W. Mr. Brausch
noted that this property has been for sale for a long time. If the neighborhood
residents were worried, they, as an association, could have purchased the property
themselves.
Wishing to be heard was Ray Link, 2910 Rose Drive S.E. At the neighborhood
meeting, Mr. Link explained, it was brought up about a park. There was a park
when the subdivision was platted in the 1950's. How can the lots be split and no
park. Mr. Link noted that there are many children in the neighborhood. There is
currently no place for them to play. The neighborhood may gain 300-400 more cars
on the road if developed.
Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W. Mr. DeWitz noted
that the Park Department asked for cash in lieu of land.
Wishing to be heard was Wade Munson, 2906 Knollwood Drive S.E. He noted that
across from his property is land that was designed to be a park. It was never
developed. The property is now owned by Mr. Thatcher.
Wishing to be heard was Julie DeWitz, 604 11th Avenue N.W. She noted that one
of the main concerns was where the drainage would go; it will go into the street.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Stobaugh seconded, to reopen the hearing and
continue to the May 17, .1999 meeting. Ayes (7), Nays (0). Motion carried.
E-13 A Hearing on Final Plat #99-18 to be known as Avalon Cove.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing Bouquet
Builders. Mr. Tointon noted that the development consisted of three lots and three
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outlots. Two of the outlots would be dedicated to the City for storm water
management facilities; serves as an off -site and on -site drainage. They are in
agreement with the conditions with one modification to condition #4 (a). The
controlled access on Lot 3 cannot be put on the final plat as it is a private roadway
but will provide an agreement which provides for a controlled access separate from
the plat. Condition #4 (b) will be satisfied under an agreement with the City as to
the name of the roadway prior to the recording of the final plat.
Mike Nigbur, Public Works Department, discussed the letter from the Soil and
Water Conservation District on the conditions that they would like to have placed on
the plat prior to the final recording.
Wishing to be heard was John Bouquet, applicant for the final plat. Mr. Bouquet
asked wanted to know the designation of the private roadways within his plat; i.e.,
southwest or northwest. He will work with Planning and Public Works on the
designation.
Wishing to be heard was Brent Larson, 3420 Lachen Crest Lane N.W.,
representing the Interlachen Homeowners Association. Their primary goals are to
increase water quality; the developer is willing to help in the control of the runoff
that comes off Second Street S.W. They are interested in the issues of
stabilization of the lakeshore and what type of mining will be taking place on the
lakeshore and the time frame of the mining.
Richard Freese, Public Works Department, noted that shoreland mining is not a
part of this project at this time. There is a separate parcel of land on the north line
of the plat. The developer is currently putting together a grading plan for
stabilization of the shoreline.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mike Nigbur, Public Works Department, suggested a discussion with Olmsted
County on contribution to Outlot B which will capture the drainage from Second
Street S.W. Olmsted County had constructed the ditch with no sedimentation
control.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
266-99 to approve Final Plat #99-18 to be known as Avalon Cove with seven
conditions. Ayes (7), Nays (0). Motion carried.
E-14 A Hearing to Consider Local Improvement Project No. 9823 (J-9526) "Construct
Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous roadway in 19t'
Street N.E. from Northern Heights Drive N.E. to East End of 191h Street".
Wishing to be heard was Kathy Lovegren, 1503 19t' Street N.E. Ms. Lovegren was
against the project saying that the street is in fine shape, a few cracks, but would
last at least another three years. There is no problem with drainage or the road
surface.
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Regular Adjourned Meeting No. 9 — April 19, 1999 5557
Wishing to be heard was Betty Wing, 1515 19th Avenue N.E. Ms. Wing also
expressed that she was against the project; the road is in fine shape. She felt that
there were other places in the City that need repair other than here.
Councilmember Evans told the residents that the resurfacing would save the street
before it has to be completely reconstructed and cost the residents substantially
more money.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 267-
99 approving Project No. 9823 (J-9526) "Construct Concrete Curb & Gutter, Storm
Sewer and Overlay Bituminous roadway in 19th Street N.E. from Northern Heights
Drive N.E. to East End of 19th Street". Ayes (7), Nays (0). Motion carried.
E-15 A Hearing to Consider the Levying of the Proposed Assessments for Project No.
9823 (J-9526) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay
Bituminous roadway in 19th Street N.E. from Northern Heights Drive N.E. to East
End of 19th Street".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
268-99 approving the proposed assessments for Project No. 9823 (J-9526)
"Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous roadway
in 19th Street N.E. from Northern Heights Drive N.E. to East End of 19th Street".
Ayes (7), Nays (0). Motion carried.
E-16 I A Hearing to Consider Local Improvement Project No. 6001-99 (J-9531)
"Reconstruction of Wilshire Court N.E."
Wishing to be heard was Jim Sheehan, 1644 Wilshire Drive N.E.. Mr. Sheehan
stated that the roadway is in need of repair; the road is used extensively by
children. He also felt that the upkeep of the roadway is an investment and will raise
the value of his home.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No.
269-99 approving Project No. 6001-99 (J-9531) "Reconstruction of Wilshire Court
N.E." Ayes (7), Nays (0). Motion carried.
E-17 A Hearing to Consider the Levying of the Proposed Assessments for Project No.
6001-99 (J-9531) "Reconstruction of Wilshire Court N.E."
Having no one wishing to be heard, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5558 CITY OF ROCHESTER, MINNESOTA
Radar Adjourned Meeting No 9 — April 19,-1999
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Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
270-99 approving the proposed assessments for Project No. 6001-99 (J-9531)
"Reconstruction of Wilshire Court N.E." Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
271-99 authorizing the purchase of 320 South Broadway for $6,500 and 322 South
Broadway for $52,500 and direct the Mayor and City Clerk to sign any purchase
agreements. Ayes (7), Nays (0). Motion carried.
Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution 272-99
entering into a development agreement with Grant Michalitz for the renovation of
320-322 South Broadway and authorizing the Mayor and City Clerk to sign all
necessary agreements. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Senjem seconded, to approve the following
Sound Amplification Permits:
Rally during Crime Victims Rights Week on Saturday, May 1 st, at the Peace
Plaza on 1st Street S.W. from 6:00 to 10:00 P.M.
Famous Dave's Restaurant, 431 16th Avenue N.W., May 3`d through August
30th from 5:30 to 8:30 P.M.
Gift of Life Transplant House celebrating their 15th Anniversary on July 11th
from 12 Noon to 3:00 P.M.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
273-99 approving Annexation Petition #99-6 by Jean Osman to initiate Orderly
Annexation for land lying north of 19th Street N.W., west of West Circle Drive. Ayes
(7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to approve amendments to
Rochester Code of Ordinances Section 50.02 pertaining to grading requirements
and violations, to approve the Grading Plan Checklist as revised April 8, 1999 and
to instruct the City Attorney to prepare the required ordinance for adoption. Ayes
(7), Nays (0). Motion carried.
An Ordinance Rezoning Certain Property From the R-1 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 first reading.
(north of 41st Street N.W., east of Douglas Trail, south of the Arboretum)
An Ordinance Amending and Reenacting Subdivision 2 of Section 50.02 of the
Rochester Code of Ordinances, Relating to Grading Permits, was given a second
reading.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5559
Regular Adjourned Meeting No. 9 — April 19 1999
Agenda
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G-3a 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 second reading. Councilmembers
Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried.
G-3b 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
second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the
Ordinance as read. Ayes (7), Nays.(0). Motion carried. (east of 18th avenue S.W.,
west of Highway 52, north of Lenox Court)
G-3c An Ordinance Amending and Reenacting Section 66.104 of the Rochester Code of
Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the
Issuance of Permits for Mining or Extraction Activities within the City, was given a
second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried.
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G-3d 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 second reading.
Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried (south of 55th Street N.W., west of 50th Avenue
N.W.)
G-3e Terry Adkins, City Attorney, told the Council that the e-mail that he had received
proposed an agreement with the City to remove the Godfather's Pizza sign with the
City paying 50 percent of the relocation of the sign, not to adopt the following
ordinance after second reading if the company received variances on other sites
and the Council would agree not to change the billboard ordinance for one year.
Mr. Adkins also told the Council that they cannot, by contract, give up the right to
adopt or not to adopt an ordinance.
Chris Carver, Eller Media, asked that the Council hold the second reading of the
ordinance for two weeks to allow him to bring an agreement back to the Council at
their next meeting bringing down the Godfather's Sign and working out some
variances.
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 second reading. Councilmembers Stobaugh moved,
Senjem seconded, to adopt the Ordinance as read. Discussion. Ayes (7), Nays
(0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5560 Rag, liar Adjourned Meeting No 9 — April 19, 1999
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Councilmember Stobaugh felt that the Council has already had extensive
discussion about the ordinance. Councilmember Hanson stated that he could
sympathize with the neighbors but also the business owners in town who, because
the ordinance was changed, are out substantial amounts of money.
Councilmember McConnell abstained. Councilmember Marcoux did not feel that
the City should get into agreements with individual sign companies.
Councilmember Evans has a personal conflict and did not participate in the
discussion or voting.
Ayes (4), Nays (1), Abstain (2). Motion carried. Councilmember Hanson voted
nay. Councilmembers Evans and McConnell voted abstained.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
274-99 entering into an owner agreement with Arnold Bomgaars for Project No. J-
9475 "Basic Construction in Northern Heights North Third Subdivision". Ayes (7),
Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
275-99 entering into an owner agreement with White Oaks Development of
Rochester and Road Constructors, Inc. for Project No. J-9569 "Basic Construction
in White Oaks Third Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
276-99 entering into an owner agreement with Leslie Lurken and S.L. Contracting
for Project No. J-9568 "Basic Construction in Wedgewood Hills Second
Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 277-
99 entering into an owner agreement with Mayo Foundation and McGough
Construction Company, Inc. for Project No. J-9571 "Mayo Support Service Building
Utility Relocation; this project will include relocating and reconstruction public
utilities in 2"d Avenue S.W. from 3rd Street to 5t' Street S.W.; and in 3rd Street S.W.
in front of Mayo Hilton Building and the Franklin Heating Station. Street
reconstruction in these areas is also included". Ayes (7), Nays (0). Motion carried.
The relationship of Councilmembers Senjem and Stobaugh with the Mayo
Foundation was noted.
Councilmembers McConnell, moved; Stobaugh seconded, to adopt Resolution No.
278-99 entering into an owner agreement with Bouquet Builders, Inc. and Elcor
Construction for Project No. J-9564 "Public Sanitary Sewer and Watermain to
Serve Avalon Cove — Phase I ". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
279-99 entering into an owner agreement with Jerry Schultz/Randy Reynolds and
Elcor Construction for Project No. J-9430 "Basic Construction in Southern Woods
First and Second Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
280-99 entering into an owner agreement with Mayo Foundation and Fraser
Construction for Project No. J-9574 "Surface Demolition and Restoration Work on
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5561
Regular Adjourned Meeting No. 9 — April 19, 1999
41h Avenue N.W., 2"d Street N.W. and 3`d Avenue N.W. for Mayo Tunnel Work —
Phase I ". Ayes (7), Nays (0). Motion carried. The relationship of Councilmembers
Senjem and Stobaugh with the Mayo Foundation was noted.
H-1 Councilmembers Senjem moved, Stobaugh seconded, to initiate a rezoning of that
property upon which Habitat for Humanity wishes to build a single family house and
which is currently zoned R-3. Ayes (7), Nays (0). Motion carried.
Having no one further wishing to be heard, Councilmembers Evans moved, Hanson
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
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