HomeMy WebLinkAbout07-19-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
56 - CITY OF ROCHESTER, MINNESOTA
Reg ular A 'o irn _d Meeting No 15 — July 19. 1999
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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, Jean
McConnell, David Senjem, Walter Stobaugh. Absent: Councilmember Marcia
Marcoux.
Councilmembers Evans moved, Stobaugh seconded, to approve the following
consent agenda items.
Approved the minutes of the July 7, 1999, council meeting with the following
amended change to Item E-6 (Shannon Oaks General Development Plan)
Page 5622 — Councilmember Stobaugh moved, Marcoux seconded, to amend the
original motion 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.
The minutes incorrectly stated that Councilmember Marcoux had voted against the
motion.
See after Item E-11.
Adopted Resolution No. 447-99 approving a Revocable Permit for Granite
Development, LLC for 320-322 South Broadway to encroach up to 6 inches into the
Broadway street right-of-way.
Adopted Resolution No. 448-99 entering into a Professional Services Agreement
with Holabird & Root for design and engineering services for exterior ceiling
replacements under the upper level gate areas at the Rochester International
Airport for a cost of $3800.00 plus reimbursables estimated at $420.00.
See at end of D Items.
Adopted Resolution No. 449-99 approving the Restrictive Covenants and
Development Standards for the Rochester International Airport Business Park
development.
See at end of D Items.
D-8 I Approved the following licenses and miscellaneous activities.
Gambling — Premise Renewal
AFL-CIO Labor Club, 4 Fourth Street S.W.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 563�
Regular Adiourned Meetinq No. 15 — July 19 1999
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Gambling — Temporary
Hiawatha Homes Foundation — Festival of Trees — November 23, 1999
Sound Amplification Permit
Annual Summer Pig Roast — Essex Park — July 24, 1999 (request waiver of
time restriction)
Rochester Village Residents — National Night Out — August 3, 1999 (request
waiver of time restriction)
AFL-CIO Labor Club — Ice Cream Social in Central Park — September 6,
1999
Gay and Lesbian Community Services — Annual Coming Out Day
Celebration — Peace Plaza — October 11, 1999
Miscellaneous Street Use
Rochester Track Club — Road Race — August 21, 1999
D-9 Approved the transfer of location and name change for the Off -Sale Intoxicating
Liquor License for A.C. Liquor, 3125 Wellner Drive N.E., formerly Andy's
Warehouse, Inc. at the Valhalla Shopping Center.
D-10 Approved a sound amplification permit for the Smiling Moose Restaurant on July 23
and 24, 1999 from 7:00 to 10:00 P.M.
D-11 I Approved Accounts Payable in the amount of $864,513.88.
D-12 Adopted Resolution No. 450-99 approving the bid of Cummings North Central for
one 1999 50kW portable Diesel Generator for the Water Reclamation Plant in the
amount of $24,923.00.
D-13 Adopted Resolution No. 451-99 authorizing the City Clerk to advertise for bids for
one (1) 1999 or newer 225 Gallon Diesel Powered Crack Sealing Machine for the
Public Works Department.
D-14 I See at end of D Items.
D-15 Affirmed the appointments by Mayor Chuck Canfield of the following individuals
within the Rochester Police Department: Rick Krueger to the position of Police
Captain, Terry Mays to the position of Police Lieutenant, and Steve Franks to the
position of Police Sergeant.
D-16 Appointed to the Zoning Board of Appeals the following individuals: Robert
Haeussinger to fill the unexpired term of Harry Carter to December 31, 1000 and H.
Gordon Bluhm to fill the unexpired term of Robert Beranek running to December
31, 2001.
D-17 See at end of D Items.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5632 CITY OF ROCHESTER, MINNESOTA
Regular A iourned Meeting No_ 15 —.lulu 19, 1999
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Adopted Resolution No. 452-99 approving a Wetland Delineation and Replacement
Plan for the Public Works Department for .43 acres of jurisdictional wetlands on a
terrace above the Zumbro River`and in a backwater of the river.
Adopted Resolution No. 453-99 approving a Wetland Delineation and Replacement
Plan By Frank Kottschade for property located south of 40th Street S.W. known as
the Cote Property Parcel C.
See at end of D Items.
Approved Resolution No. 454-99 entering into a Minnesota Department of Public
Safety Safe & Sober Grant application program.
Adopted Resolution No. 455-99 awarding the bid in the amount of $3,717,823.50
for Project No. J-4365 "Landfill and Lagoon Closure" to Superior Special Services
of Norway, Missouri.
Adopted Resolution No. 456-99 approving a Development Agreement with Christ
our Rock Church for development of property at the intersection of Rocky Creek
Drive and Circle Drive N.E.
Adopted Resolution No. 457-99 approving a revised Development Agreement with
Tom Kadlec relating to the development of his property and the construction of the
frontage road abutting Highway 52 North.
See at end of D Items.
Adopted Resolution No. 458-99 forwarding the petition from the residents in the
Sunnydale Subdivision to the Public Works Department for a feasibility study,
authorizing the development of Engineering Service Agreements, referring the
petition to the Marion Town Board, and preparing an Orderly Annexation
Agreement with the Marion Town Board for annexation.
Adopted Resolution No. 459-99 authorizing the City Clerk to advertise for bids to be
opened on August 11, 1999 for Project No. 9823 (J-9526) "Concrete Curb & Gutter
and Bituminous Paving on 19th Street N.E. from Northern Heights Drive N.E. to End
of Cul-De-Sac", and Project No. 6001-99 (J-9531) "Reconstruction of Wilshire Court
N.E. from Wilshire Drive N.E. to End of Cul-De-Sac".
Adopted Resolution No. 460-99 adding Paragraph (81.5) to Section N "No Parking
Zones" of the Comprehensive Traffic & Parking Resolution Book to read:
(81.5) 3`d Street S.W., on both sides, at all times.
Adopted Resolution No. 461-99 adding Paragraph (31) to Section H "Limited
Parking Zone C-30 Minute Limit' of the Comprehensive Traffic & Parking
Resolution Book to read:
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CITY OF ROCHESTER, MINNESOTA 5633
Regular Adiourned Meeting No. 15 — July 19 1999
(31) Seventh Avenue N.E., on the west side, in front of the premise
known as 41 7th Avenue N.E.; 2 stalls at all times.
D-30 Adopted Resolution No. 462-99 calling for a public hearing on August 16, 1999 to
consider the expansion of Residential Permit Parking Zone #8 (Kutzky's Addition)
on 8 Y2 Avenue N.W. in the 200 block.
D-31 Adopted Resolution 463-99 authorizing the City Clerk to advertise for bids for
Project No. 9813 (J-9501) "Sanitary Sewer and Watermain Extension to Serve
Property Lying Between TH 63 south & 18th Avenue S.W. in the S1/2, N1/2 Section
23 and NE1/4 Section 24 of Rochester Township."
Ayes (6), Nays (0). Motion carried
D-5 ICouncilmember Senjem asked about the funding for the project and the use of
federal monies.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
464-99 awarding the bid for the Extension of Runway 02/20 to Ames Construction
in the amount of $2,389,982.75. Ayes (6), Nays (0). Motion carried
D-7 Councilmember Senjem asked about the price inflation of the lease agreements.
He was told that the rental would only increase and that the lease was the same as
used with the other commercial projects at the Airport.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
465-99 authorizing the Mayor and City Clerk and Rochester Airport Company to
execute the lease agreements with ADG, Inc. for the warehouse, hotel and
restaurant. Ayes (6), Nays (0). Motion carried
D-14 Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 466-
99 approving Change Order #6 for the new Fire Station. Ayes (6), Nays (0). Motion
carried
D-17 Councilmember Senjem asked about the procedure for the hearing on the
amendment to the Zoning Ordinance and Land Development Manual on
Advertising Signs; the issue of replacement of advertising sign. Mr. Adkins noted
that we refer the matter to the Planning and Zoning Commission. They will need to
set a public hearing and the matter will then be returned to the Common Council for
the public hearing.
Councilmembers Senjem moved Evans seconded, to refer the matter for a public
hearing on an Amendment to the Zoning Ordinance and Land Development Manual
dealing with replacement of existing advertising signs to the Planning and Zoning
Commission. Ayes (6), Nays (0). Motion carried
D-20 Councilmember Senjem wanted to thank the Rochester Police Benevolent
Association for their contribution.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5634 CITY OF ROCHESTER, MINNESOTA
Rag, liar Adjourned Meeting No 15 — July 19, 1999
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Councilmembers Senjem moved, Stobaugh seconded, to accept the donation of
$1000 from the Rochester Police Benevolent Association for purposes of equipping
and clothing the Rochester Police Honor Guard Unit. Ayes (6), Nays (0). Motion
carried
Councilmember Senjem asked for the location of the trail; he was told that it is on
the south side of Second Street S.W.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
467-99 accepting a.Department of Natural Resources "Cooperative Trail Grant' in
the amount of $50,000.00 for the construction of the Second Street Southwest Trail
from 23`d Avenue S.W. to West Circle Drive and commit the city of Rochester to a
match of equal value for the project. Ayes (6), Nays (0). Motion carried
A Continued Hearing on Type III, Phase II Preliminary Plat #99-20 to be known as
Orchard Ridge Subdivision.
Wishing to be heard was William Oswald, 5718 Lancaster Place N.W. Mr. Oswald
represented the Northwest Neighborhood Association. He noted that some
conclusions and compromises have been reached that are workable for the
Association. He also thanked the Council and staff for their help in the matter.
Wishing to be heard was Geof Griffin, GGG Engineering, Chatfield, representing
the developer. They were in agreement with the four original and two additional
conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve Preliminary
Plat #99-20 to be known as Orchard Ridge Subdivision with six conditions and
instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (6), Nays (0). Motion carried.
Councilmember Hanson moved, Stobaugh seconded, to consider Item H-1 at this
time on the agenda. Ayes (7), Nays (0). Motion carried.
Richard Freese, Public Works Director, noted that the Council should accept the
Hillborough Drive feasibility report and strike the condemnation process and the
project hearings as previously requested. The developer will now be required to
enter into the necessary development agreements.
Councilmembers Hanson moved, McConnell seconded, to accept the Hillborough
Drive Extension feasibility report as amended and direct the Public Works
Department to begin the development of the necessary agreements. Ayes (6),
Nays (0). Motion carried.
A Continued Hearing on Final Plat #99-14 to be known as Folwell Ridge
Subdivision.
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Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing
the developer. He noted that they were in agreement with the seven conditions;
however, they are still working on condition #6.
Mitzi Baker, Planning Department, stated that they are recommending that the new
roadway should be Hill Avenue S.W. from where it connects to the present Hill
Avenue to the end of the cul-de-sac at Lot 25 in Folwell Ridge Subdivision.
Wishing to be heard was Bob Spelhaug, 902 Kaito Lane S.W. His property lies
adjacent to the proposed Folwell Ridge Development. It is his understanding that
the proposed watermain route would be between his property and Dr. Packer's
property. He asked that the item be tabled until discussions have occurred
between the developer, Dr. Packer and himself.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, McConnell seconded, to reopen the hearing and
continue the hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision
to August 2, 1999. Ayes (6), Nays (0). Motion carried.
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.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 468-
99 approving Vacation Petition #99-7 by G.A. Nelson Companies, Inc. Ayes (6),
Nays (0). Motion carried.
E-4 A Continued 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.
Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W., developer of
Essex Estates 5th. Mr. Kottschade noted that the Essex Park development has
been the largest PUD approved by the City of Rochester and has been a joint
public/private partnership development since the start. The northeast corner is the
proposed development considered for approval at this time. Londonderry Drive is
proposed to be a cul-de-sac; however, the City has recommended that this be a
through street consistent with the previously -approved General Development Plan.
A second access to the property is being planned for Portsmith Drive. The
Londonderry Drive access could hamper development to the east.
Wishing to be heard was John Uban, Consulting Land Planner, Dahlgren, Charwell,
Uban. He worked on the design of the development approximately ten years ago.
He noted that Essex Parkway was designed to collect east/west traffic through the
development itself giving access to all the park facilities. If the street system is
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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broken by the development of another street at Londonderry, the east/west traffic
will then flow through the neighborhood; thus, destroying the quiet neighborhood.
Wishing to be heard was Dan Pikel, 1007 Canterbury Lane N.W. Mr. Pikel noted
that he moved to Rochester seven years ago and found a quiet neighborhood at
Essex Park. He urged the Council to vote against the extension of Londonderry
Drive and provide the cul-de-sac as proposed.
Wishing to be heard was David L. Anderson, Essex Parkway, representing the Real
Life Cooperative residents. He asked the Council to support the end Londonderry
Drive as a cul-de-sac for the following reasons: (1) The threat of increased traffic,
(2) Creating a cul-de-sac conforms with the rest of the plan, and (3) The property to
the east would not benefit by connection to the parkway.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mitzi Baker, Planning Department, stated that the Planning and Public Works
Department feel that connections between neighborhoods is an important principal
to be considered by the Council in reviewing and approving plats. If the Council did
not support the extension of Londonderry Drive, there should be a requirement to
connect the two cul-de-sacs on Londonderry Drive and Buckingham Lane. The
developer agreed with the condition change.
Councilmember Senjem moved, Stobaugh seconded, to approve Preliminary Plat
#99-24 by Frank Kottschade to be known as Essex Estates Fifth with six conditions
amending condition #1 providing for a connection between Londonderry Drive and
Buckingham Lane and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
A Hearing on Comprehensive Zoning District Amendment #99-13 and Land Use
Plan Amendment initiated by the Common Council to amend land use designations
and zoning districts on land bounded on the west by the Zumbro River, on the north
by the DM&E RR tracks, on the east of 111h Avenue S.E. and by 4th Street S.E. on
the south.
Wishing to be heard was Michael LePlant, 1143 3'h Street S.E., representing the
East Side Pioneers Association. He noted a petition with 100 names in support of
rezoning the area presently zoned as R-4 in favor of R-1 zoning. He also noted that
the area has been zoned as R-4 for the past 60 years with no R-4 development
occurring. Further high density would only compound the problems that have and,
in some cases, still exist.
Wishing to be heard was George Hartog, 3019 Nelson Court S.E. He asked the
specific boundaries of the proposed rezoning area. He also noted to the Council
that he did not feel the notice sent to property owners was ineffective and
inadequate.
Wishing to be heard was Kevin Fleming, 511 East Center Street. He strongly
supported the conversion of the area to an R-1 zoning status including the
1
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CITY OF ROCHESTER, MINNESOTA 56 -
Regular Adjourned Meeting No. 15 — July 19, 1999
northwest corner of the area described. He stated that the area has done its share
in the past in providing low-cost living for residents of Rochester. Within a four -
block radius there are multiple large and small apartment buildings as well as Town
Hall Estates. Parking is now a major problem without increasing the traffic for the
area by building additional multiple units. The area that is now a large multiple -
family area could be grandfathered into the R-1 area.
Wishing to be heard was Don German, 122 Seventh Avenue S.E. Mr. German also
owns two duplexes in the areas. He supports the changing of the area to R-1 As a
neighborhood, they got together to figure out what the problems were: undesirable
people, drug houses, some of the problems by overcrowding, crime. A lot of the
problem comes from parking with the Civic Center and ball field. The most valuable
property in the area is the R-4 corner. They need to keep historic center street and
the area along the river for the City and people to enjoy. He asked the Council to
keep the large homes for the neighborhood by rezoning the area to R-1. Mr.
German also noted that 21 percent of the R-4 in the City is in this area.
Wishing to be heard was Lonnie Lyons, 411 Ninth Avenue S.E. Mr. Lyons currently
owns and lives in a duplex that he would like to rent at some future point in time.
He asked the Council to keep the duplexes the way they are and not change the
zoning. Just because people live in rentals they are not necessarily low-income.
Wishing to be heard was Shannon O'Neil, 116 Sixth Avenue S.E. She and her
sister purchased their home because of the look and feel of the area it was located
in. The apartment complex next to them became a haven for crime. There was no
live-in landlord. After police interference, they decided to become more active with
the neighborhood association to make the area friendlier. The owners of the larger
rental units have no commitment to the neighborhood
Wishing to be heard was Paul Scanlon, 832 Sierra Lane N.E., owner of the vacant
lot at 100 Mayo Park Drive where he is planning to build a home. He spoke in favor
of the proposal and that the northwest portion of the area be zoned R-1 rather than
R-4. The northwest corner is already partly developed. The density of housing in
that area is about the highest it can stand. He also drew attention to the lack of
parking for the area.
Wishing to be heard was Erin O'Neil, 116 Sixth Avenue S.E. Ms. O'Neil stated that
they have a delightful neighborhood. If the area is permitted to develop into high-
rises, the momentum of neighbors working together will be halted.
Wishing to be heard was Jay Weichselbaum, 201 Abigail lane S.W. He wanted to
state that the neighbors and neighborhood associate is not looking to drive anyone
out or change the status of anyone that owns or lives on property but merely to
preserve the character of the neighborhood.
Wishing to be heard was Ken Moen, Dunlap & Seeger, representing George
Pougiales, owner of seven properties in the northwest corner of the area. Mr. Moen
stated that rental property in the City is needed. A 1998 housing study done by
Olmsted County encouraged the City to add rental units. Where does R-4 go if this
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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5638 Real iar AdIjo, irned Meeting No 15 — July 19,-1999
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area is rezoned? It is within walking distance of downtown Rochester and major
employers. This area was zoned R-4 to encourage development and building of
suitable rental units; where does R-4 go if not here. The plan put forth by the
Planning Commission and Planning staff should be approved. The area is 21
percent of the available R-4 in the community. In articles provided for the record,
even the Mayo Clinic has contributed to pursuit of available housing in the area.
The need has to be addressed. A substantial amount of properties in the area
have been converted to multiple living units. The R-4 zoning has been working in
the northwest area. Mr. Pougiales has four properties together in the area where
the proposal is to rezone R-1 with another area nearby. This would support the staff
recommendation that R-4 be retained in that area. In terms of long-range planning,
this area was to be R-4 and should stay so. Mr. Moen noted that the whole area to
the south should be zoned R-4; Dr. Scanlon can build without restrictions.
Wishing to be heard was Tim Ellinghuysen, 25 Eighth Avenue S.E. Mr.
Ellinghuysen asked the Council not to allow the area to become high density and
ruin the neighborhood.
Wishing to be heard was Rex Savage, North Highway 63. Mr. Savage noted that
he has been in Rochester since 1962 currently as a real estate broker doing
investments for people. This project calls for 79 property owners being affected;
you are going to lower the values of their properties. The rezoning could affect 240
people living in multiple units now paying low-income type rents. No one seems to
be concerned about the people living in those units. He said that if a use is
discontinued in one apartment house, it cannot be used for that purpose again. He
urged the Council to stand with the Planning Commission on the rezoning of this
area.
Wishing to be heard was Carol Breen, 304 Seventh Avenue S.E. Ms. Breen noted
that the area has been cleaned up from what it was just one year ago. She noted
the lack of parking and said that high density only hampers the problem. She asked
that the Council change the area to the R-1 zoning.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember discussed the possible quadrants for R-4 and R-1 for the area.
They also discussed the recommended R-4 by the Planning Department; this
portion will become R-2 instead. It was agreed the boundaries for the area would
be: R-2 from East line of Mayo Field extending South to Center Street and East as
far as Seventh Street S.E. The remainder of the property would be R-1.
Councilmember Stobaugh moved, McConnell seconded, to instruct the City
Attorney to prepare an ordinance for adoption which adopts the Planning
Department's recommendations for changes to the Land Use Plan and zoning
Ordinance except for the followiing zone change: R-2 from East line of Mayo Field
extending South to Center Street and East as far as Seventh Street S.E. The
remainder of the property would be R-1. Ayes (6), Nays (0). Motion carried.
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E-6 I A Hearing on Disorderly Use Ordinance Violation at 1333 Third Avenue S.W., #2.
Terry Spaeth, Administration, told the Council that the owner of the property is
asking that the hearing be continued to the August 2, 1999, meeting to provide her
an opportunity to speak to the Council.
Councilmembers Senjem moved, Stobaugh seconded, to continue to August 2,
1999, the hearing on Disorderly Use Ordinance Violation at 1333 Third Avenue
S.W., #2. Aye (7), Nays (0). Motion carried.
E-7 IA Hearing on Type III, Phase II Preliminary Plat #99-26 to be known as Trailridge at
41st by I.R.E.T. located north of 41st Street N.W., east of the Douglas Trail.
Wishing to be heard was Geoff Griffin, GGG Engineering, Chatfield, representing
the developer. He noted that they concur with the recommended conditions. He
said that they are proposing two 73-unit apartments on 14 acres of land, each three
stories in height. Both will be on the west side of Arboretum Drive.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Hanson seconded, to approve the Phase II
Preliminary Plat #99-26 to be known as Trailridge at 41st by I.R.E.T. with four
conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of
Law, and Order. Ayes (6), Nays (0). Motion carried.
E-8 A Hearing on Type III, Phase II Preliminary Plat #99-27 by David Bishop to be
known as Arboretum Multi -family located south of Arbor Lane N.W., north of 41st
Street N.W. and east of Douglas Trail.
Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer.
He noted their agreement with the two conditions. He said that the hearing was
only to allow the connection of the project with Arboretum Drive N.W. and that no
units are shown.
Wishing to be heard was Karen Wetzel, 3538 42"d Street N.W. Ms. Wetzel lives
north of the property in question. She did not like the fact that at the last meeting
Mr. Bishop spoke after the neighbors rather than first. She also noted the feasibility
of putting townhomes in the first row of the property as a buffer to the single family
homes and then adding the apartments to the south. Ms. Wetzel said that even
through it is feasible, Mr. Bishop is not willing to do so. The garages, which back up
to the single family property, is what is seen first.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to approve Preliminary Plat
#99-27 by David Bishop to be known as Arboretum Multi -family with three
conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of
Law, and Order. Ayes (5), Nays (1). Motion carried. Councilmember McConnell
voted nay.
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A Hearing on Amendment to Incentive Development #97-7, Fairfield Suites,
requesting to amend the Final Plan to reflect how the project was built; located at
1125 Second Street S.W.
Wishing to speak was Dr. Joel Goldman, 1147 First Street S.W. Dr. Goldman
stated that the developer has not fulfilled what was conditioned in the approval of
the Council. The back fence was to be stucco with brick pillars and has turned out
to be a vinyl fence.
Mitzi Baker, Planning Department, stated that the development was approved with
specific site plans. What was erected did not comply with the site plans that were
approved. Any change in what was approved must come back to the Council for
re -approval. The vinyl fence has already been erected. Stucco was put on the side
of the building rather than the approved brick. There was to be a pedestrian bench
along Second Street S.W. However, Planning staff would support its removal as it
only provides for Mayo employees to take a smoke break.
Wishing to be heard was Gary Highland, General Manager of the Fairfield Suites,
1125 Second Street S.W. He asked the Council, on behalf of the owners, to
continue to the hearing to August 2, 1999.
Wishing to be heard was Mrs. Goldman, 1147 First Street S.W. She asked that the
Council not continue the meeting. The owners of Fairfield Suites are not abiding by
the action of the Council.
Councilmembers Evans moved, Stobaugh seconded, to continue the hearing on
the Amendment to Incentive Development #97-7, Fairfield Suites, to the August 2,
1999, meeting. Ayes (6), Nays (0). Motion carried.
E-10 A Hearing on Type III, Phase II, Conditional Use Permit and Restricted
Development Permit #99-13 by Bouquet Builders to allow for excavation/mining on
property located north of Country Club Road, east of West Circle Drive, adjacent to
Cascade Creek/Interlachen Lake.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer,
John Bouquet. He noted that the conditional use permit would provide for three
things. First, to stabilize the shoreline; second, provide a new inlet into Interlachen
Lake; and third, connect Interlachen Lake and Cascade Lake. He said that unless
the stabilization is done, the lake will drop two and one-half feet. They have met
with the neighbors on the problem. The Planning and Zoning Commission
recommended three conditions which they are in agreement with.
Wishing to be heard was Don Williams, 180 Lachenview Lane N.W., representing
the Interlachen Association. He noted the meeting with the engineer and
developer. They are concerned about the lowering of the lake; the south side is
fairly shallow and sediment is starting to show. They were also concerned about
the pedestrian bridge and if it could be used to access from one lake to another.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19
Agenda
Item
E-11
CITY OF ROCHESTER, MINNESOTA 5641
Regular Adjourned Meeting No. 15 —July 19 1999
Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W. Mr. DeWitz noted
that the dredging area needs to be enlarged. Both sides of the lake need to be
stabilized. If not taken care of, the sediment will flow into the other lake.
Wishing to be heard was Gary Lingbeck, 146 Interlachen Lane N.W. Mr. Lingbeck
also questioned the height under the pedestrian bridge and the accessibility of one
lake to another. He asked about the southwest corner and the cove area that was
to be filled in.
Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon said that the
DNR has issued the permit to have the southwest area filled and treated as per the
DNR permit.
Wishing to be heard was Don Williams, 146 Interlachen Lane N.W. He said that
there has been an assumption that Interlachen Lake is private or will become a
sedimentation pond for the remaining Cascade Lake. The people who bought
homes bought with the assumption that it would become part of the entire public
Cascade Lake system; hence, their concern with lake levels and quality.
Gary Neumann, Administration, said that at some point it will need to be determined
whether a weir will need to be placed at the east end of the Cascade Lake. Such a
project would affect the levels of the Interlachen Lake.
Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz said
that the weir study was at 998 elevation, the same as the current elevation of
Cascade Lake.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 469-
99 approving Conditional Use Permit and Restricted Development Permit #99-13
by Bouquet Builders with three conditions and adding a fourth condition that
excavation must be completed by July 1, 2002. Ayes (6), Nays (0). Motion carried.
A Hearing on the Establishment of Development District No. 11, to Adopt the
Development District Program and to Establish the Tax Increment Financing Plan
for the District.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Hanson moved, Evans seconded, to adopt Resolution No. 470-99
establishing Development District No. 11, adopting the Development District
Program and establishing the Tax Increment Financing Plan for the District. Ayes
(6), Nays (0). Motion carried.
D-2 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 471-
99 approving the Development Agreement with DeWitz Construction for the single-
family home construction in West Zumbro Estates. Ayes (6), Nays (0). Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5642 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 15 — july 19, 1Q99
Agenda
Item
G-3a
G-3b
G-3c
G-4a
H-1
1-1
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.
Terry Adkins, City Attorney, presented a memo from Michael Lauer, Freilich, Leitner
& Carlisle, responding to question raised by Councilmember Senjem on information
on native plant communities and their effect on the mining and excavation
ordinance.
Councilmembers Senjem moved, Stobaugh seconded, to table giving the
Ordinance a second reading until the August 2, 1999 Council meeting to allow the
Council to further study the information on the memorandum from Michael Lauer on
preservation of native plants. Ayes (6), Nays (0). Motion carried.
An Ordinance Rezoning Certain Property From the R-1 District to the RAX 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 McConnell moved, Hanson seconded, to adopt the
Ordinance as read. Ayes (6), Nags (0). Motion carried. (North and South Side of
Pinewood Road S.E., East of 23` 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 second reading. Councilmembers Hanson
moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried. (Northwest Corner of the Intersection of 19t' Street N.W. and West
Circle Drive)
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
471A-99 approving an Owner Contract with Arnold Bomgaars for Project No. J-
9557 "Basic Construction to Serve Lots 1-9 Northern Heights North Townhomes
2nd,,. Ayes (6), Nays (0). Motion carried.
See after Item E-1.
Wishing to be heard was Carol Wolski, Leonard, Street and Deinard, representing
Pawn America Minnesota L.L.C. Ms. Wolski told the Council that Pawn America is
and has a good business and a good relationship with local law enforcement. They
want to be able to serve customers. She understood the City's reluctance to
approve the license considering the lack of a local ordinance. They have no
objection to local ordinances. Ms. Wolski also addressed the Council's concern
about the rates that are charged to the customers for the cashing of checks. The
rates are established by the Department of Commerce and prominently posted at
each location.
1
Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19
CITY OF ROCHESTER, MINNESOTA 5643
Regular Adjourned Meeting No. 15 — July 19 1999
Councilmembers McConnell moved, Stobaugh seconded, to rescind the July 7,
1999, Resolution 438-99. Ayes (3), Nays (3). Motion failed for lack of majority.
Councilmembers Evans, Hanson and Senjem voted nay.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
472-99 rescinding the June 7, 1999, Resolution No. 374-99, denying the application
for Currency Exchange License for Pawn America Minnesota L.L.C. and taking no
action on the application. Ayes (5), Nays (2). Motion carried. President Hunziker
and Councilmember Hanson voted nay.
1-2 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 473-99
approving the proposed settlement agreement in the case entitled Gary Kowalewski
v. City of Rochester. Ayes (6), Nays (0). Motion carried.
Having no further business, Councilmembers Senjem moved, Stobaugh seconded,
to adjourn the meeting. Ayes (6), Nays (0). Motion carried.
ity Clerk