HomeMy WebLinkAbout07-07-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
5614Regular Meeting No- 14 — July 7, 1999
Agenda
Item
A-1
B-1
D-1-5,
7-10,
13-15,
17, 18,
20-36
D-1
D-2
D-3
D-4
D-5
D-6
D-7
D=8
D-9
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. Absent: None.
Councilmembers McConnell moved, Senjem seconded, to approve the following
consent agenda items:
Minutes of the June 21, 1999 meeting.
Adopted Resolution No. 413-99 supporting Railwatch and its efforts to education
the public about railroad safety and in calling for a complete and thorough
investigation of railroad safety by the United States Congress.
Approved funding in the amount of $7,200.00 for a pre -design of a Public Safety
Training Facility in cooperation with Olmsted County and Rochester Community
and Technical College.
Adopted Resolution No. approving the MHFA Year 2000 Housing Tax Credit
Procedural Manual and Qualified Allocation Plan (QAP) with the exception of QAP
Article 11.0(h), which pertains to projects within the City of Minneapolis.
Adopted Resolution No. scheduling a public hearing for July 19, 1999 on a
Disorderly Use Property Violation at 1333 Third Avenue S.W. (#2).
See at end of D Items.
Approved a public hearing for August 16, 1999 to consider the establishment of a
Tax Increment Financing District on the Bear Creek Apartments Complex.
Adopted Resolution No. 414-99 accepting an additional FAA Grant for $245,576.00
for the completion of the Air Cargo Ramp and Taxiway Project at the Rochester
International Airport.
Approved the following licenses and miscellaneous activities:
Beer — On -Sale Temporary
Downtown Business Association Blues Festival — Central Park - August 21,
1999
Sign Installers
Redwood Signs, Osseo, Minnesota
Scenic Sign Corporation, St. Cloud, Minnesota
Art-N-Sign, Incorporated, Fergus Falls, Minnesota
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
Regu�ar Meeeti RC r- �I _ E JRUIY4,%§OTA
Sound Amplification
Rochester Golf & Country Club - Caribbean Pool Party — July 31, 1999
(request waiver of 8:00 P.M. restriction)
Studio Academy — Outdoor Music Activity, Mayo Park — July 29, 1999
Work & Neighborhood Party at Roger L. Click's, 1454 Bell Oaks Lane S.W.-
- July 24, 1999
Rookies Sports Grill & Bar — July 9, 1999 and July 31, 1999 (request waiver
of time 8:00 P.M. restriction)
Sue Khin — Graduation Party at 2037 51st Street N.W. — July 10, 1999
Miscellaneous Activities
Rochester Water Ski Club — Water Show — Silver Lake Park prior to
Fireworks — July 4, 1999 (prior approvals: Hunziker, Marcoux, Evans, McConnell,
Hanson)
ABATE — 121h Annual Motorcycle Toy Run — August 21, 1999
Wendy L. Wood — 8K & 1.8 Mile Race/Run at Silver Lake — October 16,
1999
Sri Chinmoy Oneness Home Peace Run — Foot Race/Run — July 17, 1999
D-10 Approved Accounts Payable in the amount of $2,163,798.83.
D-11 See at end of D Items.
D-12 1 See at end of D Items.
D-13 I Approved the reappointment of Carol Dougherty, Sylvia Quirk, Michael Lee and
David Meek to the Housing Board of Appeals running to April 2001.
D-14 Adopted Resolution No. 415-99 approving the proposed reorganization of
responsibilities within the Public Works Department and authorizing the new
position of Land Development Specialist.
D-15 Adopted Resolution No. 416-99 approving the Telecommuting Policy for the City of
Rochester.
D-16 I See at end of D Items.
D-17 Adopted Resolution No. 417-99 accepting grant funding from the Minnesota Center
for Crime Victim Services for the Community Sexual Assault Interagency Council
Coordinator position.
D-18 Adopted Resolution No. 418-99 amending the Water Quality Protection Program to
include the following three amendments: (1) Water Quality Protection Program
Eligibility Requirements, (2) Water Quality Protection Program Policy for
Commercial, Multi -Family and Industrial Property, and (3) Retroactive Application of
Water Quality Protection Program.
D-19 1 Withdrawn from the agenda at the request of the Public Works Department.
N0%V
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
D-20
D-21
D-22
D-23
D-24
D-25
D-26
D-27
D-28
Regufa� Meeting No �W ERuIyM}N OTA
Adopted Resolution No. 419-99 noting that the parkland donated to the City did not
include the right-of-way of 21st Avenue N.W. and upon vacation of the street right-
of-way the land did not become parkland.
Adopted Resolution No. 420-99 entering into a City -Owner Contract for Project No.
J-9590 "Watermain to Serve Sunrise Townhomes", authorizing the staff to develop
and execute a Storm Water Management Agreement with Sherman Associates,
and to develop a Contribution Agreement for Improvements to Bandel Road N.W.
Adopted Resolution No. 421-99 forwarding the petition from the residents in
Christopher Courts Subdivision to Public Works for a feasibility study, developing
engineering service agreements for connection of private sewers to the public
system, referring the petition to the Marion Town Board, and prepare an Orderly
Annexation Agreement with Marion Township for annexation of Christopher Courts
Subdivision.
Adopted Resolution No. 422-99 forwarding the petition from the residents in Crystal
Springs Subdivision to Public Works for a feasibility study, developing engineering
service agreements for connection of private sewers to the public system, referring
the petition to the Marion Town Board, and prepare an Orderly Annexation
Agreement with Marion Township for annexation of Crystal Springs Subdivision.
Adopted Resolution No. 423-99 forwarding the petition from the residents in Cedar
Park Subdivision to Public Works for a feasibility study, developing engineering
service agreements for connection of, private sewers to the public system, referring
the petition to the Marion Town Board, and prepare an Orderly Annexation
Agreement with Marion Township for annexation of Cedar Park Subdivision.
Adopted Resolution No. 424-99 accepting the feasibility report and scheduling a
public hearing for August 2, 1999 for Project No. 9913 (J-9588) "Sanitary Sewer
and Watermain Extension to Serve the Cheval Lane N.E. Area".
Adopted Resolution No. 425-99 authorizing Storm Water Management
Agreements with Carmike Cinema Site, Pennington Business Park 69' Subdivision;
Pine Ridge Estates 4th Subdivision; Adamson Chrysler Parking Lot Expansion;
Pinewood Meadows Vt Subdivision; Casey General Store (Marion Road S.E.); and
Master Builders (299 37th Street N.E.).
Adopted Resolution No. 426-99 authorizing the City Clerk to advertise for bids for
Project No. J-2452 "Stabilization of Rocky Creek West of Highway 63 to East River
Road N.E.".
Adopted Resolution No. 427-99 authorizing the City Clerk to advertise for bids to
opened on July 28, 1999 for Project No. 9711 (J-9432) SAP 159-154-01
"Bituminous Surface 11th Avenue S.W. from 48th Street S.W. to South Line of
Southern Hills Subdivision".
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 56�7
Regular Meeting No. 14 — July 7 1999
Agenda
Item
D-29 Adopted Resolution No. 428-99 awarding the contract to Rochester Sand & Gravel
in the amount of $1,179,148.77 for Project No. 6307-2-99 (J-9523) "Reconstruction
of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.".
D-30 Adopted Resolution No. 429-99 awarding the contract to Road Constructors in the
amount of $1,189,723.69 for Project No. 9802 (J-9469) S.A.P. No. 159-109-20
"Reconstruction of Civic Center Drive from 2"d Street S.E. to 2"d Street N.E.".
D-31 Adopted Resolution No. 430-99 amending Paragraph 318.1 of Section B "No
Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read:
(318.1) Rocky Creek Drive N.E. on the north side of the street from
Broadway to 100 feet east of Broadway at all times.
D-32 Adopted Resolution No. 431-99 amending Paragraph 193.6 of Section B "No
Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read:
(257) 481h Street S.W. on both sides of the street from TH63 to the
Westerly City limits, at all times.
(275) 60th Street S.W. on both sides of the street from TH63 to 11th
Avenue, at all times.
(193.6) 11th Avenue S.W. on both sides of the street from 48th Street to
County Road 16, at all times.
D-33 Adopted Resolution No. 432-99 amending Paragraph (3.65) of Section J
"Passenger & Commodity Loading Zones" of the Comprehensive Traffic & Parking
Resolution book to read:
(3.65) Second Street S.W.; on the north side 1 space in front of the premise
known as Rainbow Cafe & Hotel, 1235 2"d Street S.W., at all times,
15 minute limit.
D-34 Adopted Resolution No. 433-99 adding Paragraph (1.1a), (1.2a), and (1.2b) of
Section S "Revocable Permits" of the Comprehensive Traffic & Parking Resolution
book to read:
(1.1a) Block 22 Original Plat, within the Railroad Easement, 2" steel conduit
and cable for Bresnan Communications, Inc., 1255 East Circle Drive
N.E., Rochester, Minnesota 55906.
(1.2a) Block 20, Original Plat, within the Railroad Easement, , 2" steel
conduit and cable for Bresnan Communications, Inc.,
(1.2b) Block 22, Original Plat,within the 2"d Street Ramp, 2" steel conduit
and cable for Bresnan Communications, Inc.,
D-35 Adopted Resolution No. 434-99 approving the Development Agreement with John
Klopp to serve a portion of the Cook -Thompson General Development Plan.
D-36 Adopted Resolution No. 435-99 authorizing the City Clerk to advertise for bids to be
opened on July 30, 1999 for Project No. 9951 (J-6398) "Traffic Signal Installation on
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 618 Regular Meeting No. 14 — Jul; 7, 1999
Agenda
Item
M
D-11
D-12
D-16
TH 63 at 25th Street S.E. and Modification of Existing signal on TH 63 at 28th Street
S. E."
Ayes (7), Nays (0). Motion carried
Councilmember Hanson asked Terry Spaeth, Administration, to explain the
timeframe for taking of applications and actual completion of the homes. Mr.
Spaeth stated that the development agreement is signed with DeWitz Construction,
hearings are held and work is started, the homes are to be approved for occupancy
within 14 months of the date of the development agreement.
Councilmembers Hanson moved, Stobaugh seconded, to approve the selection of
DeWitz Construction to construct 14 homes in the West Zumbro Estates
Subdivision. If declined, then the offer would be forwarded to Bigelow Construction
and subsequently to Severson Construction. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh thanked the Kiwanis Club for the donation to the
Rochester Fire Department.
Councilmembers Stobaugh moved, McConnell seconded, to accept a donation of
$500 from the Kiwanis Club to the Rochester Fire Department for communications
equipment. Ayes (7), Nays (0). Motion carried.
Councilmembers acknowledged the long-term service to the Park Board by Susan
Lemke and offer their congratulations to Kerwin Engelhart who will be filing the
expired term.
Councilmembers Evans moved, Marcoux seconded, to approve the appointment of
Kerwin Engelhart to the Park Board to fill the expired term of Susan Lemke and
running to the year 2003. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh thanked Richard Plunkett for the contribution to the
Rochester Police Department.
Councilmembers Stobaugh moved, Hanson seconded, to accept a $1000 donation
from Richard Plunkett for the Rochester Police Department Emergency Response
Unit's Peacekeeper. Ayes (7), Nays (0). Motion carried.
E-1 A Hearing on Type III, Phase II Preliminary Plat #99-24 by Frank Kottschade to be
known as Essex Estates Fifth located east of Cornwall Drive N.W. and north of
Reallife Cooperative of Rochester and the Aldrich Memorial Nursery School, Inc.
The Planning staff and applicant have recommended that the hearing be continued
to July 19, 1999.
No one wished to be heard at this time.
1
Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5619
Regular Meeting No. 14 - July 7 1999
Councilmembers Hanson moved, Evans seconded, to continue the hearing on
Preliminary Plat #99-24 by Frank Kottschade to be known as Essex Estates Fifth to
the July 19, 1999 meeting. Discussion.
Terry Adkins, City Attorney, pointed out that conditions #5 and #6 are not specific;
the applicant needS to know what is being asked of him.
Ayes (7), Nays (0). Motion carried.
E-2 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 vacation be continued to the July 19, 1999 meeting.
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, McConnell seconded, to continued the hearing on
Vacation Petition #99-7 by G.A. Nelson Companies, Inc. to the July 19, 1999
meeting. Ayes (7), Nays (0). Motion carried.
E-3 A Hearing on Right -of -Way Vacation #99-9 by Western Walls, Inc. to vacate Arbor
Street S.E. located between Block 1 and Block 6 Rose Harbor 4th Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 436-
99 approving Right -of -Way Vacation #99-9 by Western Walls, Inc. with one
condition. Ayes (7), Nays (0). Motion carried.
E-4 I A Continued Hearing on Final Plat to be known as Rose Harbor Estates.
Wishing to be heard was Martin Peterman, 3205 Harbor Heights S.E., representing
a number of neighbors. The traffic is still a large concern to the neighbors who
have lived there for many years. They feel that it would only be right to stick with
the original size of the lots; the original platting should be respected and
maintained. He said that they would like to see some houses built. The way that
the plat is laid out will be difficult for emergency vehicles to access the area.
Wishing to be heard was Gina Warner, 2705 15th Street S.E., spoke on behalf of
herself and the neighbors on 15th Street. Their main concern is the increased traffic
because of the number of children in the neighborhood. The original plat was for
30 homes and the number should stay that way.
Wishing to be heard was Roland Wendelken, 1208 Harbor Drive S.E. Mr.
Wendelken couldn't understand why the original size of the lots was not
maintained. He felt that small lots would decrease the property values of the area.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5620Regular Meeting In.J�IIT14 _ v
�7, 1999
Agenda
Item
E-5
E-6
Wishing to be heard was Lois Bartz, 2801 15th Street S.E. Mr. Bartz lives on a
corner lot with the road passing between herself and Mrs. Warner. Sixty-five
houses is putting them on top of each other; too many homes for the area. She
said that some type of stop sign needs to be used to stop and slow the traffic that
will be coming through the area. She was also concerned if the current water tower
will be sufficient for the increased building and what is going to happen with the
runoff from the hills during rain storms.
Wishing to be heard was Robert DeWitz, 604 11th Avenue S.E. He noted that they
will be carefully monitoring the runoff from the hills.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mike Nigbur, Public Works Department, noted that Rose Harbor Drive, 24th Avenue
and an access to the west and east will serve the area. The intersection can be
modified for a "T" intersection or some other method to help control the traffic. The
Council felt that a stop sign should be installed on one of the two legs of the
intersection.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
437-99 approving Final Plat to be known as Rose Harbor Estates with three
conditions and adding a fourth condition to read: "When the street is constructed,
the stop sign will be on one of the two legs." Ayes (7), Nays (0). Motion carried.
A Continued Hearing on Final Plat to be known as Folwell Ridge Subdivision.
No one wished to be heard at this time.
Yaggy-Colby, representing the applicant, asked in a letter to have the plat
continued to the July 19, 1999, meeting. An agreement with property owners in an
adjoining subdivision on the watermain easement has not yet been reached.
Councilmembers Stobaugh moved, Evans seconded, to continue the hearing on
Final Plat to be known as Folwell Ridge Subdivision to the July 19, 1999 meeting.
Ayes (7), Nays (0). Motion carried.
A Hearing on General Development Plan #138 by Don Untiedt to be known as
Shannon Oaks (formerly Cillmore) to be located south of Viola Road, east of
Century Hills Drive and west of Haverhill Road N.E.
Wishing to be heard was Wade DuMont, Yaggy-Colby Associates, representing the
developer. They have met with the neighbors, township and staff in working with
the project. They are in agreement with conditions 1-5 and 8. Mr. DuMont stated
that they disagreed with condition 6 which required 80 feet of right-of-way rather
than the usual 50 feet. Condition 7 requires an access to the east off 21st Street.
The neighbors and township do not want a connection. The owner would rather
have a cul-de-sac.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
ReggIrYM�gti4g&�- Ej%,)I,%9§OTA
Wishing to be heard was Jeff Snyder, 3621 Meadow Court N.E., President of the
Homeowner's Association for Haverhills. He stated that they have no interest in a
street connection to the proposed subdivision. They are concerned about how the
new subdivision will affect the springs and ponds and the drainage into their area.
He noted a density disparity between their subdivision and the new one; a transition
zone should be made on the east side of the proposed development.
Wishing to be heard was Todd Daveril, 3646 Meadow Court N.E. He wanted to
call attention to the importance of the wildlife and the pond located in Haverhills. He
showed a picture of the pond in relation to the subdivision. He said that the entire
development team, including the developer, has been willing to listen to the
concerns of the neighborhood. Mr. Davenil noted that his children presently use
the Haverhill roads as bikeways and he is concerned about the increase in the
traffic.
Wishing to be heard was Christie Thorson, 3608 Valley Ridge Court N.E. Ms.
Thorson told the Council that her property is adjacent to the access road that the
City wants to put in between the two developments. She was also concerned about
the density of the new subdivision.
Wishing to be heard was Larry Plank, 3855 651h Street N.E., on the Haverhill
Planning and Zoning Committee. He said that he had -a question about the City
being able to take a public road and adjoin it to a private road in the Haverhill
Subdivision owned by the association. He pointed out that there may be a problem
with where Valley High Road and the new subdivision access is located next to the
Century High School. He felt that the access could be placed more strategically
and put a cul-de-sac next to the school property.
Wishing to be heard was Steve Hammill, 2701 Haverhill Road N.E., past -president
of the homeowners association. He stated that the association members many
times addressed incorporation into the City. They are not interested in being a part
of the City or in adjoining a road with the subdivision.
Wising to be heard was Don Borcherding, Yaggy-Colby. Mr. Borcherding stated
that the access point by Century High School was set by the County when the
School District purchased the school site. It will not be able to be changed.
Wishing to be heard was Tony Ebert, 3688 Valley Court N.E., Chair of the Haverhill
Township Board. Mr. Ebert noted that the township has not been asked to be a
part of the meeting with the developers and the City and that they are opposed to
the development plan and the adjoining road into a private subdivision. He said
that the Township has its own zoning ordinance and that the city cannot be
developing property within it until such time as the land is annexed.
Wishing to be heard was Ken Moen, Dunlap and Seeger Law Office, on behalf of
the developer. He stated that the access to the adjoining subdivision is not needed
and is a burden on the developer. It is preferred to put a cul-de-sac at the end of
the street. There is a lot in the southeast corner of the property that could be
platted as an outlot for a future connection to the other property. The developer will
Sb2, I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5(021v�
Agenda
Item
Reg�jjrYMQ&WF1�TEJ�tI NVMOTA
use the access point by the proposed school site that was intended. The plat was
approved on February 1999 by the County showing the access point to Viola Road
where it is shown on the GDP. An agreement with the school district and Shannon
Oaks already is in place for the access. Mr Moen stated that the right-of-way
dedication should be 50 feet, the same as the Payne property to the west and the
same as the County is requesting. In an answer to a question about formal appeal
process by Terry Adkins, Mr. Moen answered that this was not a formal request for
appeal on the right-of-way requirements.
Wishing to be heard was Don Untiedt, Developer of the proposed project. Mr.
Untiedt said that they have tried to work with all groups. He wants his subdivision
to be distinctive and wants to continue to work with the school district to provide
environmental education. He will work with whatever the Council decides at this
meeting.
Wishing to be heard was Tony Ebert, 3688 Valley Court N.E., noted that perhaps
the large lots in the middle of the subdivision should be on the east side to make for
a good transition.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmembers Evans moved, Hanson seconded, to approve General
Development Plan #138 by Don Untiedt to be known as Shannon Oaks with
conditions 1-6 and 8 and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Discussion.
Some councilmembers felt that the City needed to retain a right-of-way for possible
access in the future. It was suggested that this right-of-way be provided as an
outlot in the southeast corner of the property rather than the northerly route that the
City staff originally proposed.
Councilmember Stobaugh moved, Marcoux seconded, to amend the original mot
to dedicate the lot in the southeast corner as a right-of-way for road connection.
Ayes (3), Nays (4). Motion failed. Councilmembers Evans, Hanson, McConnell
and President Hunziker voted nay.
Richard Freese, Public Works Director, asked the Council to consider an 8th
condition to the plat to read: "Roadway improvements to Viola Road/CR 2 will be
pursued to correct the sight distance problem. The developer and County will
coordinate this effort."
Councilmembers Marcoux moved, Stobaugh seconded, to amend the original
motion to include an 8t' condition to read: "Roadway improvements to Viola
Road/CR 2 will be pursued to correct the sight distance problem. The developer
and County will coordinate this effort." Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to amend the original
motion to dedicate the southeasterly lot as a potential right-of-way access. Ayes
(6), Nays (1). Motion carried. Councilmember Senjem voted nay.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19
Agenda
Item
CITY OF ROCHESTER, MINNESOTA 5623
Regular Meeting No. 14 — July 7 1999
Councilmembers voted on the original motion. Ayes (6), Nays (1). Motion carried.
Councilmember Senjem voted nay.
E-7 A Hearing on Petition #99-3 to Amend the Rochester Urban Service Area Land Use
Plan by Valley High Athletic Partnership to amend the land use designation from
"industrial" to "medium density residential' on property located on the south side of
19th Street N.W., east of the Rochester Athletic Club and west of the DM&E railroad
line.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon gave a summary and background information on the development of
the General Development Plan in 1992 and 1993. He noted at that time the zone
was changed to "industrial'. They know wish to amend the zone to "medium
density residential' to permit townhomes and mid -rise rental units to be constructed
on the property.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
437A-99 approving Petition #99-3 to Amend the Rochester Urban Service Area
Land Use Plan by Valley High Athletic Partnership with four findings and direct the
City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7),
Nays (0). Motion carried.
Councilmembers moved, seconded, to approve Petition #99-3 to amend the
Rochester Urban Service Area Land Use Plan by Valley High Athletic Partnership
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 Zoning District Amendment #99-12 by Valley High
Athletic to amend the zoning district from M-1 to R-3 on property located on the
south side of 19th Street N.W., east of the Rochester Athletic Club and west of the
DM&E railroad line.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon was available for questions.
Councilmembers Stobaugh moved, Evans seconded, to approve Zoning District
Amendment #99-12 by Valley High Athletic with three findings 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 property located on the south side of 19th Street N.W., east of the
Rochester Athletic Club and west of the DM&E railroad line.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon explained that there would be no loss of wetlands in the project and the
existing basin would remain with another basin added. The major access would be
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5624 RPaular Meeting No 14 — .h jay 7 1999
Agenda
Item
E-10
to the north with a gated access in the southeast corner of the property. Total living
units would be 331. Phase I is scheduled to begin in 1999.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve an addition to
General Development Plan #113 (Rochester Athletic Club) by Valley High Athletic
Partnership with nine conditions and instruct the City Attorney to prepare Findings
of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
A ReHearing on Issuance of a Currency Exchange License for Pawn America
Minnesota L.L.C.
Wising to be heard was Carol Wolski, Leonard, Street and Deinard, representing
Pawn America Minnesota and their application for a Currency Exchange License.
She stated that this is an effort by Pawn America to offer its clients an additional
service. She noted that State Statute 53A says that the applicant must have
approval from the State and the governing body where the company is located.
However, a City needs to look at its own ordinances and see what the basis for
denial is; is there an objectionable legal reason. Ms. Wolski noted that many cities
do have ordinances in place regulating currency exchange licenses and that there
are tight controls in place at the State level. She stated that she would provide
information on other city ordinances to Terry Adkins, City Attorney.
Wishing to be heard was Holly Haddad, Community Action Program. Ms. Haddad
stated that at the initial hearing for the license she expressed concern for the
consumer. She inquired about how the charges would be monitored and displayed
to the public but received no answer from the applicant. She asked that the Council
pursue all means to investigate whether or not there are grounds to deny the
license. Mr. Haddad noted that she had a different interpretation than Ms. Wolski of
the State Statute. When she spoke with the State, they said that they could not
approve the license without the approval of the municipality but gave no grounds
under which the license could be approved or denied.
Terry Adkins, City Attorney, told the Council that the law was not specific as to the
role of the City in the approval or denial. He noted that at the last meeting the
Council denied the license on the basis that there was no testimony from Pawn
America for the need of the license. Currently there are no Rochester ordinances
concerning currency exchange licenses.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No.
438-99 rescinding Resolution No. 374-99 previously denying the license and
approving a Currency Exchange License for Pawn America Minnesota L.L.C.
Discussion.
Councilmembers asked the City Attorney to pursue obtaining ordinances from other
cities as to the regulation of the license, implement our own ordinance if appropriate
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
E-11
E-12
CITY OF ROCHESTER, MINNESOTA 5 5
Regular Meeting No. 14 — July 7, 1999 6 2
and to report any concerns to the State Commerce Department. Councilmembers
also expressed their frustration in having a license that needed to be approved but
no guidelines under the State Statute to approve or deny such.
Ayes (5), Nays (2). Motion carried. Councilmember Evans and President Hunziker
voted nay.
A Hearing on Type III, Phase II Zoning District Amendment #99-11 by Mark and
Mary Kautto to the amend the zoning district from R-1 to B-1 on property located at
1804 Third Avenue N.W.
Wishing to be heard was Ken Miller, Wausau, Wisconsin, owner of the property
under discussion and owner of the property to the north. He was available for
questions.
Councilmembers Hanson moved, Evans seconded, to approve Zoning District
Amendment #99-11 by Mark and Mary Kautto with three findings and instructed the
City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion
carried.
A Hearing on Type III, Phase I Final Plat #99-23 by Southstar, Inc. to be known as
Pinewood Meadows First Addition CIC #162 located along the north and south side
of Pinewood Road S.E., east of 23`d Avenue S.E.
Wishing to be heard was Geoff Griffin, CCC Engineering, representing the applicant
and available for questions. He noted that Quinstar owns the property but when it
goes to the development stage from the rural stage the ownership is transferred to
Southstar. They concur with the conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 439-
99 approving Final Plat #99-23 by Southstar, Inc. to be known as Pinewood
Meadows First Addition CIC #162 with six conditions and the findings that 62.1105
A-P are found to exist so long as condition five and its requirement for assurety is
provided. Ayes (7), Nays (0). Motion carried.
E-13 A Hearing on Annexation Petition #99-11 by Christ Our Rock Lutheran Church to
annex land located along the north side of East Circle Drive across from Rocky
Creek Drive N.E. in Section 19, Haverhill Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hanson seconded, to approve Annexation
Petition #99-11 by Christ Our Rock Lutheran Church with the condition that
annexation documents will not be forwarded to the Minnesota Municipal Board until
the Applicant has entered into an agreement with the City for future connection to
City services. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5626 Regular Meeting No14 — July;7,-1999
Agenda
Item
E-14
E-15
E-16
A Hearing to Consider the Making of Local Improvement Project No. 6208-3-99 (J-
9582) "Concrete Curb & Gutter and Overlay Project on 8th Street S.W. from 10th
Avenue S.W. to 8th Avenue S.W.".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
440-99 ordering Project No. 6208-3-99 (J-9582) "Concrete Curb & Gutter and
Overlay Project on 8th Street S.W. from 10th Avenue S.W. to 8th Avenue S.W." to
be made. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Assessment for Local Improvement Project No. 6208-3-
99 (J-9582) "Concrete Curb & Gutter and Overlay Project on 8th Street S.W. from
10th Avenue S.W. to 8th Avenue S.W.".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
441-99 ordering Project No. 6208-3-99 (J-9582) "Concrete Curb & Gutter and
Overlay Project on 8th Street S.W. from 10th Avenue S.W. to 8th Avenue S.W."
levying the proposed assessments. Ayes (7), Nays (0). Motion carried.
A Hearing to Consider the Making of Local Improvement Project No. 6202-2-99 (J-
9581) "Concrete Curb & Gutter and Overlay Project on 2nd Street S.E. from 11th
Avenue S.E. to 15th Avenue S.E.".
Wishing to be heard was Ken Weber, 1618 Marion Road S.E., Lot #120. He noted
his interest in a property at 130 13«' Avenue S.E. He is one of the owners of the
lower section of the building at that property known as the old Wirth Center (grocery
store). Mr. Weber is representing both the renters and the owners. He noted that
the City is intending to remove the present parking along the building and replace it
with a curb and gutter. Such action would remove any off-street parking that now
exists for the business.
Councilmember Stobaugh stated that he had spoken with Mrs. Wirth and they have
agreed to have a drive -over curb run along the side of the street and leave the
asphalt that is presently there for parking. However, cars cannot park headed in to
the buildling but will have to park parallel. Councilmember Stobaugh was at the
meeting with Public Works and most of the people were in support of the project.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
442-99 ordering Project No. 6202-2-99 (J-9581) "Concrete Curb & Gutter and
Overlay Project on 2nd Street S.E. from 11th Avenue S.E. to 15th Avenue S.E." to
be made. Ayes (7), Nays (0). Motion carried.
1
11
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 7
CITY OF ROCHESTER, MINNESOTA 5 -
Regular Meeting No. 14 — July 7, 1999
Agenda
Item
E-17 A Hearing on the Proposed Assessment for Local Improvement Project No. 6202-2-
99 (J-9581) "Concrete Curb & Gutter and Overlay Project on 2nd Street S.E. from
11th Avenue S.E. to 15th Avenue S.E.".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 443-
99 ordering Project No. 6202-2-99 (J-9581) "Concrete Curb & Gutter and Overlay
Project on 2nd Street S.E. from 11th Avenue S.E. to 15th Avenue S.E." levying the
proposed assessments. Ayes (7), Nays (0). Motion carried.
F-1 Councilmembers Marcoux moved, Stobaugh seconded, to approve Findings of
Fact, Conclusions of Law, and Order related to Special District Amendment Project
Development Plan #99-3 for the Arboretum Special District proposed by David
Bishop. Discussion.
Councilmember McConnell voiced his concern over the Bishop project. He noted
that precedents have been set in other neighborhoods where the neighbors have
prevailed over projects that were not good for the neighborhoods.
Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted
nay.
F-2 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 444-99
approving a purchase agreement with Donald L. and Eileen L. Close for the Forest
Hills Water System in the amount of $50,000 and other valuable consideration,
including those obligations set forth separately by contract or agreement; and,
approving water rates for Forest Hills Water System customers at 3.0 times the in -
City customer and commodity charges in the Rochester Public Utilities rate
schedule WTR until such time as the customer enter into an agreement with the
City to connect to the City sanitary sewer system. Ayes (7), Nays (0). Motion
carried.
F-3 Councilmembers Senjem moved, Stobaugh seconded, to table to July 19, 1999
reconsideration of the Hillsborough Drive Roadway Extension. Ayes (7), Nays (0).
Motion carried.
F-4 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
444A-99 approving the Cable Television Regulatory Ordinance, the Cable
Television Franchise Agreement with Bresnan, and the Telecommunications Fiber
Exchange Agreement between the City and Bresnan, and instruct the City Attorney
to prepare the required ordinance for adoption. Discussion.
Dale Martinson, Finance Director, gave a brief summary of the agreement with
Bresnan. He stated that we will be selling the 96-strand line to Bresnan and
retaining the use of 12 fibers within that line at zero lease cost to the City. The lines
will be used to complete a 21 sites wide -area network. The city will pay $100 per
site. All equipment is owned, managed and maintained by Bresnan.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
CJ s 2 g Regular Meetings 14 — Jtt_T7, 1 Aqg
Agenda
Item
G-2a
G-2b
G-2c
G-2d
G-3a
G-3b
Councilmember Senjem moved, Hanson seconded, to amend the original motion
conditioning the City's approval of the franchise agreement and the fiber optical
agreement on the legal consultant's approval based on information provided to the
City Administrator and outlined on page 299 of the Request for Council Action.
Ayes (7), Nays (0). Motion carried.
Councilmember McConnell expressed his dissatisfaction on the Council's approval
of a fifteen -year franchise with an unknown entity. He said that he might go three
years if the Council had oversight on rate increases.
Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
An Ordinance Rezoning Certain Property From the M-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. (South side of 19th Street N.W., East of the Rochester Athletic Club, West
of DM&E Line)
An Ordinance Rezoning Certain Property From the R-1 District to the B-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.
(East side of 3`d Avenue N.W., South of Elton Hills Drive N.W. — 1804 Third Avenue
N.W.)
An Ordinance Annexing to the City of Rochester, Minnesota Approximately 6.2
Acres of Land Legally Described As A Part of the Southwest Quarter of the
Northeast Quarter of Section 19, Township 107 North, Range 13 West, Olmsted
County, Minnesota, was given a first reading. (North side of East Circle Drive
across from Rocky Creek Drive N.E.)
An Ordinance Creating and Enacting Chapter 91 B of the Rochester Code of
Ordinances, Relating to the Regulation of Cable Television in the City of Rochester,
and Repealing Chapter 91 of the Rochester Code of Ordinances, was given a first
reading.
An Ordinance Annexing to the City of Rochester Approximately 80.02 Acres of
Land Legally Described As A Part of the Northeast Quarter of Section 22, Township
106 North, Range 14 West, Olmsted County, Minnesota, was given a second
reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of 18th Avenue
S.W.)
An Ordinance Annexing to the City of Rochester Approximately 2.18 Acres of Land
Legally Described As A Part of the Southwest Quarter of the Northeast Quarter of
Section 19, .Township 107 North, Range 13 West, Olmsted County, Minnesota, was
given a second reading. Councilmembers Stobaugh moved, Evans seconded, to
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of
Century High School, East of East Circle Drive)
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5629
Regular Meeting No. 14 — July 7 1999
Agenda
Item
G-3c An Ordinance Creating and Enacting Section 28.05 of the Rochester Code of
Ordinances, Relating to the Imposition of Watermain and Sewermain Replacement
Charges, was given a second reading. Councilmembers Senjem moved, Evans
seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
G-3d An Ordinance Amending and Reenacting Section 60.338 of the Rochester Code of
Ordinances, Relating to the Criteria for Approval of Rezoning Applications, was
given a second reading. Councilmembers McConnell moved, Stobaugh seconded,
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
G-4a Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
445-99 approving an Owner Contract with Sherman Associates and Weis Builders
for Project No. J-9590 "Watermain to Serve Sunrise Townhomes". Ayes (7), Nays
(0). Motion carried.
G-4b Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 446-
99 approving an Owner Contract with Thomas Gommels and Jech Excavating for
Project No. J-9589 "Watermain to Serve Thomas Gommels Property". Ayes (7),
Nays (0). Motion carried.
Having no further business, Councilmembers Marcoux moved, Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
i tyClerk