HomeMy WebLinkAbout06-21-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 5 9 8 Regular Adjourned Meeting Na--13 — June 21, 1999
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Wishing to be heard was Miriam Higgins, 815 Sixth Avenue N.W. Ms. Higgins
currently resides in a home owned by the Olmsted County Housing Authority
(HRA). She noted that the HRA has failed to make needed repairs on the home
and, upon her complaints, has threatened to evict her. Gary Neumann was asked
to look into the situation.
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.
Mary Glasney and Dottie Hecht presented Mayor Canfield with a Circle of Peace
Award. Families Against Violence Network met in St. Louis, Missouri and
presented 13 peace awards Rochester's "Make the Peace" campaign was one of
the awards for combating violence in families, schools and communities.
Bob McKeon, People's Natural Gas, presented Mayor Canfield with a check in the
amount of $1000 to be used in the Mayor's Advisory Council on Neighborhoods.
Councilmembers Evans moved, Stobaugh seconded, to approve the following
consent agenda items.
Approved the minutes of the June 7, 1999 meeting.
Adopted Resolution No. 380-99 awarding the bid for replacement generator at the
Rochester International Airport to Ziegler/Caterpillar in the amount of $59,127.00.
Adopted Resolution No. 381-99 authorizing a consulting agreement with ASCG and
negotiation of development leases at the Rochester International Airport for a
proposed hotel, restaurant and beer distribution company.
Adopted Resolution No. 382-99 authorizing renewal of the revocable license
agreement for Ovation Semiconductors on the Civic Center North Parking Lot.
Approved the Downtown Business Association annual sidewalk sales July 22, 23,
24 and 25.
Adopted Resolution No. 383-99 executing State Aid Agreement 5501-108, Number
78304, "Site Preparations for T-Hanger and Miscellaneous Paving" for the
Rochester International Airport.
Adopted Resolution No. 384-99 awarding the bid for J-6915 and J-6961 "1999
Terminal Service Building Overlays and T-Hanger Site Preparation" to Road
Constructors for $160,198.50.
Adopted Resolution No. 385-99 approving Starr Construction to assign its
Development Agreement with the City to Granite Development, LLC for the
redevelopment of 320 and 322 South Broadway.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5599
Regular Adjourned MeetingNo. 13 — June 21, 1999
Agenda
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D-9 I Approved the following licenses and miscellaneous activities:
TemporaryDance
Aviary Restaurant — Annual Malibu Mania Party — July 23, 1999
Fireworks
Rochester Post Bulletin Charities — Annual Fireworks Display — July 4, 1999
Gambling - Temporary
A.L.S. Association, Minnesota Chapter — Raffle at Tonna Heating & Cooling
—August 7, 1999
Senior Citizens Services, Inc. — Raffle — September 15, 1999
Gift of Life Transplant House — Raffle — December 31, 1999 (request waiver
of 30 day restriction)
House Moving
Roger Crews for Marcey Merrill — from 1510 Seventh Street S.W. to Eyota —
date pending
Sign Installer
Minnesota Sign Company, Inc., Cambridge, Minnesota
Sound Amplification
Aviary Restaurant - Annual Malibu Mania Party — July 23, 1999
Downtown Business Association — Blues Festival at Central Park — August
21, 1999 (waiver of time restriction requested)
Dennis Thompson — 4th of July Neighborhood Block Party — 2"d Avenue &
13th Street N.W. (waiver of time restriction requested)
Rookies Sports Grill & Bar — Outside Patio Area - June 18, 1999 (prior
approvals Hanson, Evans, McConnell, Hunziker
Miscellaneous Supplies
Rochester Jaycees — 4th of July Kiddie Parade — July 4, 1999
D-10 Approved the issuance of an On -Sale 3.2 License to Todd Shidler, JAS
Incorporated DBA All Star Billards, 275 37th Street N.E.
D-11 I Approved Accounts Payable in the amount of $1,.321,582.37.
D-12 See at end of D Items.
D-13 See at end of D Items.
D-14 See at end of D Items.
D-15 I See at end of D Items.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5600 CITY OF ROCHESTER, MINNESOTA
Regular A 'ourned Meeting No 13 — June 91 1 AAA
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Approved the appropriation of $240.00 received from the ERU target practice
recycled shells to the Rochester Police Department's Peacekeeper repair fund.
Adopted Resolution No. 386-99 entering into a Professional Services Agreement
with Yaggy-Colby Associates for design of the TH 52 East Frontage Road from 41 st
Street N.W. to Pennington Court N.W. for $54,494.00.
Adopted Resolution No. 387-99 authorizing the Mayor and City Clerk to execute the
FY 1999-2000 and FY 2000-2001 Maintenance Agreements with MnDot for TH 63
between 9th Street South and 14th Street North.
Adopted Resolution No. 388-99 approving a revocable permit for the owners of 730
8th Avenue S.W. for sidewalk relocation/construction and the placement of a
retaining wall in the City's right of way.
See at end of D Items.
Adopted Resolution No. 389-99 approving the Development Agreement with Circle
Drive Corporate Park Limited Partnership for Circle Drive Corporate Park
Development.
Adopted Resolution No. 390-99 entering into a Joint Orderly Annexation Agreement
with Marion Township for the Pinewood Road S.E. Area.
Adopted Resolution No. 391-99 referring the petition from residents of Woodland
Hills Subdivision for a feasibility study, authorizing development of engineering
service agreements for sanitary sewer and watermain project, referring the petition
to the Rochester Town Board, and prepare an Orderly Annexation Agreement with
Rochester Township.
Adopted Resolution No. 392-99 entering into a Professional Services Agreement
with HNTB for consulting services for Project No. J-4895 "Dredging of Zumbro
River from 4th Street S.E. to 3`d Avenue S.E.".
Adopted Resolution No. 393-99 authorizing the City Clerk to advertise for bids for
Project No. J-9321 "Bituminous Surface 60th Street S.W. from 11th Avenue S.W. to
TH 63" to be opened on July 14, 1999.
Adopted Resolution No. 394-99 awarding the contract for Project No. 6008-99 (J-
9520) "Reconstruction of 16th, 16 1/2, 17th, 17 1/2 Streets from 18th Avenue N.W.
to 19th Avenue N.W.; and Reconstruction of 18 1/2 Street from 19th Avenue N.W.
to 20th Avenue N.W.", to Road Constructors, Inc. for $579,904.74.
Adopted Resolution No. 395-99 awarding the contract (base bid and alternate #1)
to Carl Bolander & Sons for $2,638,027.85 for Project No. 6323-2-97 (J-4890)
"Mayo Run Corridor Improvement", (J-9402) "23rd Avenue S.E. Construction"
S.A.P. 159-143-01 and Project No. 6323-2-99 (J-9554) "UCR-Campus Road
Construction".
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5601
Regular Adjourned Meeting No. 13 — June 21 1999
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D-28 Adopted Resolution No. 396-99 awarding the contract to Elcor Construction in the
amount of $120,226.35 for Project No. 6217-2-99 (J-9514) "Curb, Gutter and
Overlay 17th Street S.E.".
D-29 Adopted Resolution No. 397-99 authorizing the City Clerk to advertise for bids for
Project No. 6256-M1-99 (J-9537) "Construct Concrete Curb & Gutter, Bituminous
Overlay on 5th Avenue S.E. from 16th Street S.E. to the end of the Cul-De-Sac".
D-30 Adopted Resolution No. 398-99 approving the grant contract with MnDot for the
purchase of one Dial -A -Ride Bus.
D-31 Adopted Resolution No. 399-99 authorizing the City Clerk to advertise for a portable
engine generator for the Water Reclamation Plant.
D-32 Adopted Resolution No. 400-99 accepting the Certificate of Adoption provided by
Northwest Bank for collateral security for deposits in excess of Federal Deposit
Insurance Corporation insurance.
Ayes (7), Nays (0). Motion carried.
D-12 & Councilmember Senjem asked why the trucks weren't bought off the state contract
D-13 rather than independently. He was told that the state truck transmission exceeded
what the Public Works Department needed.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
401-99 approving the low bid for a 1999 54,000 GVWR Tandem Axle Dump Truck
for the Public Works Department from Interstate Motor Trucks in the amount of
$90,342.00 less trade in of $11,055.00 and adopt Resolution No. 402-99
authorizing the City Clerk to advertise for bids for one 1999 or newer 54,000 GVW
tandem axle dump truck for the Public Works Department. Ayes (7), Nays (0).
Motion carried.
D-14 Councilmember Senjem wanted to thank the Kutzky Park Association and Kiwanis
D-15 Club for the donations to the Rochester Police Department.
Councilmembers Senjem moved, Stobaugh seconded, to accept the donation of
the Kutzky Park Association for one bicycle and equipment to the Rochester Police
Department and donation of $500.00 from the Kiwanis Club of Rochester Day
Makers to be used for repairs to the Police Department's armored vehicle. Ayes (7),
Nays (0). Motion carried.
D-20 Terry Adkins, City Attorney, noted that the approval of the development agreement
with R.L. Hexum, is subject to all of the terms and conditions listed in the Assistant
City Administrator's June 18, 1999, memo to the Mayor and Council.
Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 403-99
approving the Development Agreement with R.L. Hexum and South Broadway
Partners for property located adjacent to St. Bridget's Road. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5602 Regular Adjourned Meeting Nn 13 —June 21, 1999
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E-1 A Continued Hearing on Vacation Petition #99-7 by G.A. Nelson Companies, Inc. to
vacate the south 10 feet of a 30-foot utility easement located along the north line of
Lots 4 and 5 and a part of Lot 6, Block 1, Plaza 41 Northwest Subdivision.
Staff recommended that the petition to continued until the July 7, 1999 meeting as
the locations of the utilities within the easement have not been determined at this
time.
No one wished to be heard at this time.
Councilmembers Evans moved, Marcoux seconded, to continue Vacation Petition
#99-7 by G.A. Nelson Companies, Inc. to the July 7, 1999, Council meeting. Ayes
(7), Nays (0). Motion carried.
E-2 A Continued Hearing on Final Plat #99-19 to be known as Rose Harbor Estates.
Wishing to be heard was Martin Peterman, 3205 Harbor Heights Court S.E. Mr.
Peterman was concerned about the increased traffic that would be coming through
their neighborhood due to the subdivision. He asked that the plat maintain its
original density level until something is done with the potential traffic problem.
Wishing to be heard was Ronald Wendelken, 1208 Harbor Drive S.E., mirroring the
comments made by Mr. Peterman, the previous speaker.
Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz noted
that without the number of lots proposed for the subdivision, it would be impossible
to develop the property. The property has been undeveloped for the past forty
years.
Mitzi Baker, Planning Department, asked that the item be continued to the July 7th
1999 meeting A petition to vacate a right-of-way will be going to the Planning
Commission and then to the City Council on July 71h. The vacation affects the Final
Plat and the lot layout in the plat.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Final Plat #99-19 to be known as Rose Harbor Estates to the July 7, 1999 meeting.
Ayes (7), Nays (0). Motion carried.
E-3 A Continued Hearing on Type III, Phase I I Special District Amendment Project
Development Plan #99-3 by David Bishop for the Arboretum Special District to
permit multi -family buildings on property located south of Arbor Lane N.W., north of
41s' Street N.W. and east of the Douglas Trail.
Wishing to be heard was Tom Canan, 724 Ninth Street S.W., representing the
Lincolnshire Neighborhood. Mr. Canan pointed out that the criteria that was being
used for the development was vague and arbitrary. The R-3 district was used
because of the lack of anything else. The Special District never developed as it
was intended in 1982 but has grown into single-family homes. There has not been
a history that the area proposed by Mr. Bishop was for multi -family use. Mr. Canan
questioned the volume of traffic that the proposed development would create, the
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5603
Regular Adjourned MeetingNo. 13 — June 21, 1999
problems with people parking in the lot due to the close proximity of the Douglas
Trail, and that a storm water pond on the property is advisable. He also noted that
Lincolnshire has a neighborhood association and covenants that do not allow for
fences; Mr. Bishop is proposing a fence around the development. Mr. Canan
stated that the neighbors are agreeable to townhomes and, in talking with a builder,
found that 13 townhomes could fit the area at an acceptable selling price of
approximately $170,000 each. He noted that Mr. Bishop has told the neighbors
that the development would have a detrimental effect on their property.
Wishing to be heard was Frank Kvaternik, 4420 Glen Lane N.W. Mr. Kvaternik
stated that he attended the neighborhood meeting to try to work out a compromise
with Mr. Bishop. The neighbors are agreeable to townhomes but Mr. Bishop is not
willing because he won't get 88 units out of the acreage. Mr. Bishop has told them
that the project will have an adverse effect on their properties. Mr. Kvaternik
received information from the Multiple Listing Service in Rochester showing the
availability of housing in the area. Although there is a great need for apartments,
that style of living is short-term; people are looking to single-family homes and
townhomes for permanency.
Wishing to be heard was Jeff Orr, 4200 York Lane N.W. Mr. Orr and several other
people met with Mr. Bishop after the Planning meeting about the apartments. The
neighbors feel that townhomes met the objectives that Mr. Bishop sets, he can
make a profit and the townhomes will meet the needs of first-time homebuyers. Mr.
Orr also asked that the Council move forward with a plan that is more consistent
with what the area has become.
Wishing to be heard was Harold Leiphart, 4527 Scarborough Lane N.W. Mr.
Leiphart showed pictures of the area noting the site lines and clearances. He said
that the development will not fit into the surrounding and established areas.
Wishing to be heard was Jeff Schaefer, 4201 York Lane N.W. He did not feel that a
compromise could be met with Mr. Bishop as they were too far apart. Mr. Schaefer
noted that when he bought the property, the realtor told him that the area in
questions was zoned for residential.
Wishing to be heard was Bill Sepic, Chamber of Commerce, 220 South Broadway.
Mr. Sepic stated that the Council needs to remember that the City is in a housing
crisis. There is less than one percent availability on apartments Any option that the
Council has needs to be considered very carefully.
Wishing to be head was Linda Leiphart, 4527 Scarborough Lane N.W. She agreed
that there was a housing crisis but that a development, such as proposed, should
not be placed next to a housing development; starter homes are also needed.
Wishing to be heard was Eric Jenny, 4432 Scarborough Lane N.W., stating there
are 17 years of precedent over the land use. He asked the Council to be
consistent.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5604 Regular Adjourned Meeting No 13 — June 21, 1999
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Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant. Mr. Borcherding explained that the General Development Plan (GDP)
controls the overall usage in the district. The GDP has been kept up-to-date over
the past several years. The property is, and will be, surrounded on three sides by
commercial development. The neighbors don't want to have their single-family
homes backed up to commercial; the proposed development will provide the buffer.
He noted that there are no through streets through the development to discourage
traffic into the neighborhood.
Wishing to be heard was David Bishop, 1185 Plummer Circle S.W., developer of
the project. Mr. Bishop said that they looked at townhomes first for the area but
didn't come close to the potential of the property. The traffic problem has been
resolved because of the way the driveway and parking are located. He has
approved a larger ten -foot buffer and ten -foot swale. Apartments are something the
City needs to have and will not necessarily be trouble just because they are
apartments. Mr. Bishop noted that after the last meeting he spent considerable
time changing the design of the buildings to be more desirable to all. Mr. Bishop
then showed drawings of the buildings with staggered rooflines and fronts to make
the buildings appear in the likeness of townhomes.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmember McConnell stated that he would not like to be involved in a
development that fosters ill will between the neighbors and the developer because
of vague plans laid out 20 years earlier.
Phil Wheeler, Planning Director, noted that the GDP identifies the property as 15
units per acre. The R-3 designation is more restrictive than the R-2 laying out
stronger and more protective buffer yards.
Councilmember Marcoux moved, Evans seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order in support of Special
District Amendment Project Development Plan #99-3 by David Bishop for the
Arboretum Special District with six conditions to be voted on at the July 7, 1999
meeting. Ayes (6), Nays (1), Motion carried. Councilmember McConnell voted
nay.
E-4 IA Continued Hearing on Final Plat #98-35 to be known as South Broadway
Business Center First Addition.
Wishing to be heard was Lloyd Johnson, 1431 20th Street S.W., representing the
owner. He noted that the development agreement resolution has been reached
with staff.
Having no one further wishing to be heard, President Hunziker closed the hearing
Gary Neumann, Assistant City Administrator, asked the Council to approve the final
plat with three conditions subject to the execution and signing of the development
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5 - --
Regular Adiourned Meeting No. 13 — June 21 1999
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agreement; the development agreement is subject to the approval of the City
Attorney and staff.
Lloyd Johnson, representing the developer, noted their agreement with the
development agreement. He stated that it is only a matter of getting the right
names on the document.
Councilmember Marcoux asked that a fourth condition be added that the plat
cannot be recorded until the development agreement is executed as it reflects the
Assistant City Administrator's June 18, 1999, memo to the Council.
Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No.
404-99 approving Final Plat #98-35 to be known as South Broadway Business
Center First Addition with four conditions. Ayes (7), Nays (0). Motion carried.
Councilmember Senjem moved, McConnell seconded, to instruct City staff to
complete and execute development agreements with developers prior to bringing
the final plats to the Council for approval. Ayes (6), Nays (1). Motion carried.
Councilmember Evans voted nay.
E-5 A Hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, representing
the applicant. He noted that they are currently working with the Public Works
Department in completing the grading and drainage plans.
Mitzi Baker, Planning Department, explained there were some concerns about the
roadway name designations for the plat. The question is whether Hill Avenue
should be an avenue or street. Staff has determined that, even though it does not
meet the roadway naming standards, the roadway is short enough to be left Hill
Avenue.
Wishing to be heard was Bob Spelhaug, 902 Kaito Lane N.W. Mr. Spelhaug owns
a lot just south of the development. He said that there is some confusion as to
where the water utility is coming from.
Wishing to be heard was Don Borcherding, Yaggy-Colby, .noted that Rochester
Public Utilities had asked them to look at a "loop" from Kaito Lane down to the
development for water service. There is a section of land located to the west that
would need to have an easement to take the water line through; however, they are
having trouble tracking the ownership of the land.
Wishing to be heard was Brent Peterson, 910 23rd Avenue S.W. He stated that he
is, along with a number of neighbors, a founding member of the Bailey Woods
Preservation Association. A number of years ago, fifteen owners decided to
purchase the land from the developers and donate to the land trust. The owners
own the parcel but not the rights to the easement. The easement is owned by the
Minnesota Land Trust; they would not grant the easement. The required land
would have to be taken under the condemnation proceeding.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5606 Regular Adjourned Meeting No 13 — June 21, 1999
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Wishing to be heard was Doug Packer, 901 Kaito Lane S.W. Mr. Packer stated
that they have had a lack of information as to the intent of the developer and the
need for the water. He has an interest because of the land trust and the value of
the land.
Councilmember Marcoux stated that she would like more information from staff on
the ownership of the land and work with Mr. Borcherding on what are the real
needs.
Wishing to be heard was Darcy Ling, 907 Kaito Lane S.W. If the watermain goes
through, it will take a substantial amount of woods. She asked if the main can't go
through the developed lots instead.
Wishing to be heard was Brent Peterson, 910 23rd Avenue S.W. Mr. Peterson also
said that there was a rumor that access to Younge Park would be through the
woods held by the land trust. He noted that was not also permissible.
Councilmembers Marcoux moved, Stobaugh second, to continue to the July 7,
1999, the hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision.
Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase I Appeal #99-6 of the Rochester Zoning Board of
Appeals denial on June 2, 1999 of Variance Request #99-12 by Farooq Sadiq to
allow a new double -wide manufactured home and a detached garage on Lot 2,
Block 2, Villa Meadows Subdivision at 1710 20th Avenue S.E.
Wishing to be heard was Rehan, Rizwan, and Irfan Sadig, 1710 201h Avenue S.E.
They explained, showing detailed drawings, that they wished to replace their
current mobile home with a double -wide mobile home to allow them more space
and upgraded living conditions. The placement of the home and a detached
garage did not meet variance requirements for setbacks. However, as they
explained, they were only several feet short of the requirements and pointed out
neighboring units that had less than one -foot setbacks. They also presented a
petition from the surrounding neighbors in support of the request.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Evans seconded, to reverse the Rochester
Zoning Board of Appeals denial on June 2, 1999 of Variance Request #99-12 by
Farooq Sadiq and issue the variance. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II Amendment to the Planned Unit Development R-
101 known as Essex Estates; the Amendment is to the Aldrich Memorial Nursery
School at 855 Essex Parkway N.W.
Wishing to be heard was Lloyd Johnson, Kane and Johnson Architects, 2460
Highway 63 North, representing the applicant.
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The Planning Department noted that conditions #3 and #4 have been dropped.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5607
Regular Adjourned Meeting No. 13 — June 21, 1999
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Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve the Amendment
to the Planned Unit Development R-101 known as Essex Estates subject to four
conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of
Law, and Order. Ayes (7), Nays (0). Motion carried.
E-8 A Hearing on Type III, Phase II Preliminary Plat #99-22 by Mike Younge
Development to be known as Lincolnshire North Third located along 48th Street
N.W., north of Arbor Drive N.W.
Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant. He noted their agreement with the two conditions previously placed on
the plat and the additional condition as recommended by the Planning Staff
guaranteeing a pedestrian connection.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve Preliminary
Plat #99-22 by Mike Younge Development to be known as Lincolnshire North Third
subject to 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 Type III, Phase II Zoning District Amendment #99-10 by Quinstar to
amend the zoning district from R-1 to the R-1x on property located along the north
and south side of Pinewood Road S.E., east of 23`d Avenue S.E.
Wishing to be heard was Joel Thronson, GGG Engineering, 241 North Winona
Street, Chatfield, in agreement with the staff recommendations and report.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning District
Amendment #99-10 by Quinstar. Ayes (7), Nays (0). Motion carried.
E-10 A Hearing on Type I II, Phase I I Preliminary Plat #99-23 by Quinstar to be known as
Pinewood Meadows located along the north and south side of Pinewood Road
S.E., east of 23`d Avenue S.E.
Wishing to be heard was Joel Thronson, GGG Engineering, representing the
applicant, and available for any questions. He noted their agreement with the
conditions and recommendations.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Senjem seconded, to approve Preliminary Plat
#99-23 by Quinstar with seven conditions and instruct the City Attorney to prepare
Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
56 g Rp,,quiar Arlinurnerl Meeting No 13 — June 21, 1999
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A Hearing on Type III, Phase II Final Site Plan Amendment #99-4 by Valvoline
Instant Oil Change to develop a part of Lot 5, Block 1, Northwest Plaza located
south of 55t' Street N.W., west of the West Frontage Road of Highway 52, north of
the Wal-Mart Store.
The Planning staff noted that conditions #2, #3, and #8 have been satisfied and can
be dropped from the conditions required.
Wishing to be heard was John Kosnos, KKK Design, Minneapolis. He noted that
the grading plan has been resubmitted to Public Works. The question of the sign
location has been taken care of; the sign has been relocated.
Terry Adkins, City Attorney, questioned the wording of condition #5 relating to fire
hydrants; does the applicant merely work with the Fire Department or are they
required to place additional hydrants if determined necessary by the Fire
Department. Staff indicated the condition's intent is to require the applicant to
provide additional fire hydrant locations as may be required by the Fire Department.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No.
404A-99 approving II Final Site Plan Amendment #99-4 by Valvoline Instant Oil
Change and revising condition #5 to read: The applicant provide additional fire
hydrant locations if they are determined to be necessary by the Fire Department.
Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase I Final Plat #99-28 to be known as Northwest Plaza
Second Addition located in the Arboretum Special District.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.405-
99 approving Final Plat #99-28 to be known as Northwest Plaza Second Addition
located in the Arboretum Special District with two conditions. Ayes (7), Nays (0).
Motion carried.
E-13 A Hearing on Petition #99-2 to amend the Rochester Urban Service Area Land Use
Plan by Hartman Farms, Inc. to amend the land use designation from "Low Density
Residential" to "Industrial" on property located in the northwest corner of the
intersection of 19t' Street N.W. and West Circle Drive.
Wishing to be heard -was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant. Mr. Borcherding noted that a small portion of the land in
question would be designated B-5 per the Planning Commission. He felt that the
area should remain M-1 in keeping with the other three adjacent corners of the
intersection.
It was pointed out that just because the area is rezoned, and is located next to a
hill, the hill does not necessarily come down.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
CITY OF ROCHESTER, MINNESOTA 5609
Regular Adjourned Meeting No. 13 — June 21, 1999
Phil Wheeler, Planning Director, said that the Planning Commission asked for the
change in designation from M-1 to B-5 because M-1 can accommodate quarries.
They were also concerned about the R-2 designation located nearby.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
406-99 approving Petition #99-2 to amend the Rochester Urban Service Area Land
Use Plan by Hartman Farms, Inc. from "Low Density Residential' to "Industrial' and
instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
E-14 A Hearing on Type III, Phase II Zoning District Amendment #99-9 by Hartman
Farms, Inc. to amend the zoning district from R-1 to R-2 and M-1 on property
located in the northwest corner of the intersection of 19th Street N.W. and West
Circle Drive.
Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, available for
any questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, McConnell seconded, to approve Zoning
District Amendment #99-9 by Hartman Farms, Inc Ayes (7), Nays (0). Motion
carried.
E-15 A Hearing on General Development Plan #137 by Hartman Farms, Inc. that
proposes commercial and low -density residential development on property located
north of 19th Street N.W., west of West Circle Drive and South of Valleyhigh Road
N.W.
Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, in agreement
with the nine conditions.
Wishing to be heard was John Hanlon, 1821 11th Street S.W., owner of the property
immediately to the west. It was his understanding that there would be two roads
connecting the property to the west. Only one is shown.
Wishing to be heard was Don Borcherding, Yaggy-Colby. He stated that there was
a requirement put on one of the conditions to look at a second connection if the
terrain allows.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, McConnell seconded, to approve General
Development Plan #137 by Hartman Farms, Inc. with nine conditions and revising
condition #9 to read: The applicant provide an option for providing a secondary
access point at the southerly -most east/west road to serve the Hartman property,
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 610 Qeq, liar Adio, irned Meeting No 13 — June 21, 19.99
Agenda
Item
E-16
and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
A Hearing on City Council Initiated Text Amendment #98-1 to Amend the Rochester
Zoning Ordinance and Land Development Manual to address excavation activities.
Wishing to be heard was Lee Ganske, 4220 Eastwood Road S.E., representing the
Committee on Urban Design and Environment. The Committee came to consensus
on almost everything included in the ordinance. He said that some of the
neighborhood concerns might be dealt with in a second phase of the process; a
possible Hillside Overlay District approach. Some of the slope recommendations
may be questioned but the Committee favored a 3-to-1 slope as a part of the
reclamation standard.
Wishing to be heard was Michael Lauer, Freilich, Leitner and Carlisle. Mr. Lauer
briefly covered the purpose of the ordinance. The ordinance covers major land
excavation activities in three focuses: protect adjacent property, provide an
opportunity for neighborhood input and provide assurances that the excavations will
be will consistent with the adjacent land areas. Any activity would now require a
conditional use permit that must meet the required criteria and come before the
Council for approval.
Wishing to be heard was Robert DeWitt, 604 11th Avenue S.W. Mr. DeWitz
addressed the problem with a 50-foot buffer zone saying that it was not possible to
get to the next property line and keep development as you go. He asked about
several provisions for the ordinance saying that they were too restrictive or
confusing.
Phil Wheeler, Planning Department, stated that there are exclusions within the
ordinance and applies only if the activity exceeds 24 months in duration.
Wishing to be heard was John Stadelman, 780 26th Street N.E., questioned parts of
the ordinance and the confusion he felt with some of the provisions.
Wishing to be heard was Raymond Hayward, 1024 Northern Valley Drive N.E. He
noted that whatever questions there were could be resolved at the discretion of the
Council. He felt confident that the Council would be able to make the correct
decisions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to approve City Council
Initiated Text Amendment #98-1 to Amend the Rochester Zoning Ordinance and
Land Development Manual to address excavation activities and instruct the City
Attorney to prepare the required ordinance for adoption. Discussion.
Councilmember Senjem questioned whether Item I under 62.1105 should be left in
the ordinance if it would cause a department of the State to make decisions for the
City on valued plant life.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
CITY OF' ROCHESTER, MINNESOTA 5611
---
Regular Adjourned Meeting No. 13 — June 21 1999
Councilmember Senjem moved, McConnell seconded,to amend Item E adding
"valuable plant life" and remove Item I. Ayes (2), Nays (5). Motion failed.
President Hunziker and Councilmembers Evans, Hanson, Marcoux, Stobaugh
voted nay.
The Council then voted on the original motion. Ayes (7), Nays (0). Motion carried.
E-17 A Hearing to Consider the Making of Local Improvement Project No. 9714-99 (J-
9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd
Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road
S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road
S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a
Residence Located at 3020 Pinewood Road S.E."
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No.
407-99 approving Project No. 9714-99 (J-9577) "Sanitary Sewer and Watermain
Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and
26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of
Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a
Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood
Road S.E.". Ayes (7), Nays (0). Motion carried.
E-18 A Hearing to Consider the Making of Local Improvement Project No. 6304-4-99 (J-
9544) "Construct Concrete Curb & Gutter, and Grind & Overlay 4th Avenue N.W.
from 25th Street N.W. to Zumbro Drive N.W.; and Grind & Overlay 4th Avenue N.W.
from Elton Hills Drive N.W. to 25th Street N.W., 25th Street Cul-de-Sac, and a
Portion of 26th Street N.W.".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
408-99 approving Project No. 6304-4-99 (J-9544) "Construct Concrete Curb &
Gutter, and Grind & Overlay 4th Avenue N.W. from 25th Street N.W. to Zumbro Drive
N.W.; and Grind & Overlay 4th Avenue N.W. from Elton Hills Drive N.W. to 25th
Street N.W., 25th Street Cul-de-Sac, and a Portion of 26th Street N.W.". Ayes (7),
Nays (0). Motion carried.
E-19 A Hearing on the Proposed Assessment for Local Improvement Project No. 6304-4-
99 (J-9544) "Construct Concrete Curb & Gutter, and Grind & Overlay 4th Avenue
N.W. from 25th Street N.W. to Zumbro Drive N.W.; and Grind & Overlay 41h Avenue
N.W. from Elton Hills Drive N.W. to 25th Street N.W., 25th Street Cul-de-Sac, and a
Portion of 26th Street N.W.".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
409-99 approving the proposed assessment for Project No. 6304-4-99 (J-9544)
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER', MINNESOTA
5 61 2 ' Regular Adjourned Meeting No- 11-3 — Jung 21, 1999
Agenda
Item
G-2a
G-2b
G-2c
G-3a
G-3b
G-3c
G-3d
"Construct Concrete Curb & Gutter, and Grind & Overlay 41h Avenue N.W. from 25th
Street N.W. to Zumbro Drive N.W.; and Grind & Overlay 4th Avenue N.W. from Elton
Hills Drive N.W. to 25`h Street N.W., 25th Street Cul-de-Sac, and a Portion of 26th
Street N.W.". Ayes (7), Nays (0). Motion carried.
An Ordinance Rezoning Certain Property From the R-1 District to the R-1X 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 and South Side of Pinewood Road S.E., East of 23`d Avenue S.E.)
An Ordinance Rezoning Certain Property From the R-1 District to the R-2 District
and From the R-1 District to the M-1 District, and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota, was given a first reading. (Northwest Corner of the
Intersection of 19d' Street N.W. and West Circle Drive)
An Ordinance Creating and Enacting Article 62.1100 and Section 65.370,
Amending and Reenacting Sections 60.200, 60.605, 61.153, 61.531, 62.211,
62.212, 62.221, 62.222, 62.224, 62.225, 62.231, 62.232, 62.241, 62.242, 62.251,
62.252, 62.332, 62.342, 62.352, and Subdivision 6 of Section 62.723, and
Repealing Sections 61.152 and 62.382 of the Rochester Code of Ordinances,
Relating to the Regulation of Excavation Activities and Substantial Land Alteration.
was given a first reading.
An Ordinance Annexing to the City of Rochester Approximately 16.89 acres of Land
Legally Described as a part of the West Half of the Southwest Quarter of Section 8,
Township 107 North, Range 14 west, Olmsted County, Minnesota, was given a
second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of 50th Avenue
N.W., north of 57th Street NW, White Oaks Development)
An Ordinance Rezoning Certain Property from the R-1 District to the R-2 District
and Amending Ordinance No. 2785, known, as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a second
reading. Councilmembers Stobaugh moved, Senjem seconded, to adopt the
Ordinance as read. Ayes (7), Nays .(0). Motion carried. (north side of Pinewood
Road S.E., west of 22"d Avenue S.E., north of Dallman's First Subdivision.)
An Ordinance Rezoning certain Property from the H District to the M-1 District and
Amending Ordinance No. 2785, known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota was given a second
reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of Menards South,
north of Hwy 52)
An Ordinance Amending and Reenacting Section 132.02 of the Rochester Code of
Ordinances, relating to Towing and Impounding Motor Vehicles was given a second
reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 56�3
Regular Adjourned Meeting No. 13 — June 21, 1999
Agenda
Item
G-3e An Ordinance Amending and Reenacting Section 134.23 of the Rochester Code of
Ordinances, Relating to Parking Restrictions for Certain Vehicles was given a
second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
G-3f 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 second
reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (west side of 25th Avenue.
N.W., north of 55th Street N.W.)
G-4a Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
410-99 entering into an Owner Contract with City Auto Glass of Rochester L.L.C.
and Swenke Company for Project No. J-9586 "Watermain to Serve City Auto Glass
— South % of Lots 1, 2, 3 of Block 1, Hartman Square". Ayes (7), Nays (0). Motion
carried.
G-4b Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 411-
99 entering into an Owner Contract with Forbrook Bigelow Development and Elcor
Construction Company for Project No. J-9575 "Basic Construction in Manorwoods
West Eleventh Subdivision". Ayes (7), Nays (0). Motion carried.
G-4c Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No.
412-99 entering into an Owner Contract with Wal-Mart Stores and Weis Builders for
Project No. J-9580 "Watermain and Storm Sewer to Serve Wal-Mart". Ayes (7),
Nays (0). Motion carried.
Having no further business, Councilmembers Hanson moved, Evans seconded, to
adjourn the meeting. Ayes (7), Nays.(0). Motion carried.
City Clerk