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HomeMy WebLinkAbout08-02-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5644 CITY OF ROCHESTER, MINNESOTA Regular Meeting No 16 — Auqii%t 2. 1999 Agenda Item A-1 AN C-1 Wishing to be heard was Patrick Day, 3903 16th Avenue N.W. He said that there are large apartment complexes and four-plexes a few blocks from where he lives. He asked the Council to reconsider the downzoning from R-4 to R-1 for a duplex he purchased at 423 East Center Street. Mr. Day purchased the home in July from an estate and was unaware of the possibility of downzoning the area. The duplex has adequate off-street parking, is in close proximity to the downtown area and is occupied by tenants who have lived there for one year and 18 years. The downzoning is not good for the neighborhood or the property. Wishing to be heard was Michael LePlant, 1143 3 Y2 Street S.E., President of the East Side Pioneers Association. Mr. LePlant read from a prepared statement noting that before rezoning the area, the neighborhood had considerable problems with crime and decreased property values. Wishing to be heard was David Mittlestadt, 3975 Willow Heights Drive S.W. Mr. Mittlestadt informed the Council about the presence of unsightly weeds in the area of 40th Street S.W. and Highway 63 South to 11th Avenue S.W. He said that the fire hydrants were impossible to see and someone had broken off the stakes that marked them. The bridge is narrow to begin with but becomes even more so with the weeds along the sides. Wishing to be heard was Kevin Fleming, 511 East Center Street. He spoke in favor of the Council's action on July 19, 1999 to rezone the East Side Neighborhood. He said that the loss of property values doesn't happen with the downzoning. He said that most of the single homes in the area were non -conforming before. The required 15 percent annual upgrade could be worked on and may answer Mr. Day's concerns. Wishing to be heard was Erin O'Neil, 116 Sixth Avenue S.E. She and her sister purchased the property about five years ago; under the same roof there were two totally separate living spaces. The space that the previous owner had lived in was quite nice and needed only minor corrections. They then let the tenants on the other half move into their space and they lived in 114 which was needed considerable renovation. Ms. O'Neil said they were surprised the two units could be kept so different. She also felt that downtown employers would send buses to other areas if they needed to in order to reach potential employees. Wishing to be heard was Shannon O'Neil, 116 Sixth Avenue S.E. She and her sister have been involved in helping clean up neighborhood yards and houses as a landlord and neighbor. Ms. O'Neil referenced a letter received from Rex Savage saying that he does not live in the neighborhood and, therefore, should not have a say in how the neighborhood should be run. 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. Wishing to be heard was Ken Moen, 990 Skyline Drive N.W., regarding the East Side Pioneer Neighborhood zone change. Mr. Moen spoke as a private citizen RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 41 1 Agenda Item CITY OF ROCHESTER, MINNESOTA 5645 Regular Meeting No. 16 — August 2, 1999 about the rezoning of the east side neighborhood. He said affordable housing has been studied to death. However, no one has come forward with a solution as to what can be done about the problem. C-2 Wishing to be heard was Sally Schultz, 22 Mayo Park Drive S.E. Purchased the tri- plex several years ago. She is a single parent and uses the rental from the house as a part of her income. Why is the Council putting limits on the cost of improvements? D-2, 4- Councilmembers Stobaugh moved, Marcoux seconded, to approve the following 5, 7- consent agenda items. 15, 17- 19, 21- 35, 38- 39 D-1 No minutes were available. D-2 Adopted Resolution No. 475-99 amending the Fiber Optic Cable Agreement between the City and County. D-3 See at the end of the D Items. D-4 Adopted Resolution No. 476-99 calling for a public hearing on September 8, 1999 for the potential issuance of housing revenue bonds in an amount not to exceed $16 million for the assisted living and senior housing project of Volunteers of America National Services, Inc. D-5 Adopted Resolution No. 477-99 approving affordable single family housing agreements between the City of Rochester and DeWitz Construction for the West Zumbro Estates, Tax Increment financing District #11-1. D-6 I See at the end of the D Items. D-7 Adopted Resolution No. 478-99 approving and authorizing the Mayor and City Clerk to execute the Joint Powers Agreement between the City of Rochester and Minnesota Housing Finance Agency for the administration of the Housing Tax Credit Program. D-8 IApproved the transfer of $36,60 from the Commercial Residential Rehab Program to the Quarry Hill Nature Center activity. D-9 Adopted Resolution No. 479-99 approving the execution of the Grant agreement for Airport Maintenance and Operation from MN/DOT Office of Aeronautics for State Fiscal Years 2000 and 2001. D-10 Adopted Resolution No. 480-99 authorizing the City Clerk to advertise for bids for Project No. J-6966 "Utility Improvements and Roadway Construction for Development of 22 Acres of Airport Business Park". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5646 Rage liar Meeting No 16 — August 2, 1999 Agenda Item D-11 D-12 D-13 Adopted Resolution No. 481-99 approving a purchase order agreement with Doyle Conner Company for the RPU Service Center concrete replacement and repair at a cost of $47,770.65. Adopted Resolution No. 482-99 approving the execution of the Employment Agreement and Release concerning City employee, David Brunnette. Approved the following licenses and miscellaneous activities. Fireworks John Marshall High School — Football Games & Graduation — September 10 & 24, October 8, 15, 26 & 30, November 5 & 12, and June 7, 2000. Gamblinq — Temporary SE Minnesota Honors Choirs — Raffle at Holy Spirit Church — November 20, 1999 Rochester Ducks Unlimited — Raffle at National Guard Armory — September 9, 1999 . On -Sale Intoxicating Liquor —Temporary Community Youth Mentorship Program for Summerfest Event — Graham Arena —August 12, 1999 Master Installer Allan Swanson, Forest Lake, Minnesota Sidewalk — Cement Randy Krause Masonry, Inc., Zumbrota, Minnesota Sign Installer Jim Greeley Signs & Awnings, Richland Center, Wisconsin Sound Amplification Elim Baptist Church — Community Appreciation Party — August 28, 1999 Berean Community Church — Summer's End Music Fest — August 24, 1999 (request to waive time restriction to 9:00 P.M.) Coldwell Banker Burnet — Kickoff to National Night Out — August 1, 1999 (prior approvals: Councilmembers Hanson, Marcoux, McConnell) Holiday Inn -South — Outdoor Band — August 27, 1999 ((request to waive time restriction to 12 Midnight) Joel Rees, St.Charles — Eastwood Park Summer Get Together — August 11, 1999 (request to waive time restriction to 10:00 P.M.) Miscellaneous Street Use Mayo High School — Homecoming Parade — October 8, 1999 Rochester Track Club — Running Race — September 25, 1999 Juvenile Diabetes Foundation — Walk-A-Thon — September 18, 1999 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA 5647 Regular Meeting No. 16 — August 2 1999 Agenda Item D-14 Approved the On -Sale Intoxicating Liquor License for Carlos Onate and Hector Castro, Las Margaritas Bar & Grill, at 1611 Highway 52 North. D-15 Approved Accounts Payable in the amount of $2,444,688.78. D-16 See at the end of the D Items. D-17 Adopted Resolution No. 483-99 accepting the low bid from Lakeland Truck Center for one (1) Model Year 2000 54,000 GVWR Tandem Axle Dump Truck for the Public Works Department. D-18 Adopted Resolution No. 484-99 approving the reclassification of Systems Administrator, Management Accountant, Manger of Marketing and External - Services, and Key Account and Energy Services Manager in the Public Utilities Department. D-19 Approved the appointment of Ronald V. Swisher to the position of Fire Protection Specialist in the Rochester Fire Department effective September 1, 1999. D-20 See at the end of the D Items. D-21 Adopted Resolution No. 485-99 approving the grant application to the Minnesota Department of Children, Families and Learning for a Prevention and Intervention Grant for the Rochester Police Department. D-22 Adopted Resolution No. 486-99 authorizing the execution of a Revocable Permit for 210 First Avenue S.W. to allow for construction of footings and foundation within an alley for an addition to an existing building (Brauns Clothing Store). D-23 Adopted Resolution No. 487-99 authorizing the acquisition of Public Value Credits for wetlands disturbance for Project No. J-9402 "23rd Avenue S.E. Roadway Extension". D-24 The development agreement with St. John's School was withdrawn. D-25 Adopted Resolution No. 488-99 authorizing the Mayor and City Clerk to execute the contribution Agreements for Storm Water Management and Roadway Improvements with Carmike Cinemas, Inc. D-26 Adopted Resolution No. 489-99 referring the petition in the Kahoun's Subdivision Area to the Public Works Department for a feasibility study, authorizing the development of Engineering Service Agreements for extension of sanitary sewer and watermain, referring the petition to the Marion Town Board, and preparing an Orderly Annexation Agreement with Marion Township for annexation. D-27 Adopted Resolution No. 490-99 referring the petition in the Southtown Heights Subdivision Area to the Public Works Department for a feasibility study, authorizing the development of Engineering Service Agreements for extension of sanitary sewer and watermain, referring the petition to the Rochester Town Board, and 5648 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA RPg0nr MPPtIn❑ No 1 R — AugwSt 9, 19gg preparing an Orderly Annexation Agreement with Rochester Township for annexation. Approved the rejection of all bids for Project No. 9829 (J-9536) "Sanitary Sewer and Watermair to Serve Riverview Heights Subdivision". Adopted Resolution No. 491-99 setting an Assessment Hearing for September 8, 1999 for Project No. J-8204 "Delinquent Service Replacement Charges". Adopted Resolution No. 492-99 entering into assessment agreements with the owners of property and Resolution No. 493-99 levying proposed assessments for Project No. 8902-99 (J-9587) "Improvements to Hampton Rhodes Court N.W. to Bring Roadway Up to City Street Standards for City to Accept Its Ownership as a City Street". Adopted Resolution No. 494-99 approving the proposal for engineering services with WHKS & Company for Project No. 9913 (J-9588) "Sanitary Sewer and Watermain Extension to Serve the Cheval Lane N.E. Area". Adopted Resolution No. 495-99 awarding the contract for Project No. 6256-M1-99 (J-9537) "Construct Concrete Curb & Guter, Bituminous Overlay on 5th Avenue S.E. from 16th Street S.E. to the end of the Cul-De-Sac" to Rochester Sand & Gravel in the amount of $47,006.05. Adopted Resolution No. 496-99 awarding the contract 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" to Road Constructors in the amount of $147,075.80. Adopted Resolution No. 497-99 awarding the contract for Project No. 6260-3-99 (J- 9321) SAP 159-153-01 'Bituminous Surface 60th Street S.W. from 11th Avenue S.W. to TH 63" to Road Constructors I the amount of $248,501.88. Adopted Resolution No. 498-99 authorizing the City Clerk to advertise for bids for Project No. 9860 (J-6395) SAP 159-122-06, SAP 55-604-16 "Traffic Signals at Intersection of Valleyhigh Drive and 19th Street NW" See at the end of the D Items. See at the end of the D Items. Adopted Resolution No. 499-99 entering into an Engineering Services Agreement with Bonestroo Rosene Anderlik & Associates for 1998 roofing Replacements, Chlorine Basin Concrete Repairs, and Digester Control Building Grating Replacement at the Water Reclamation Plant in an amount not to exceed $79,000. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19 CITY OF ROCHESTER, MINNESOTA 5649 Regular Meeting No. 16 — August 2 1999 Agenda Item D-39 I Approved the appointment of James Burke to the Planning Commission to fill the unexpired term of Bernard Cevera running to December 2000. Ayes (7), Nays (0). Motion carried. D-3 Councilmember Evans asked if the Regional Sports and Recreation Complex was going to be used for graduation. He did not approve of the re -design of the building saying that the Rochester Athletic Club is one of the finest in the country and is a poured -concrete structure. Mayor Canfield explained that what was started as a field house the University asked to change to a community athletic center. To build the extra space to perform the extra functions that have been included will require the extra monies. Roy Sutherland, Park and Recreation Director, said that it was his understanding that the public would be able to use the building after 3:30 P.M. Monday through Friday and on weekends. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 500-99 providing for a commitment of $8.9 million in sales tax funding for the Regional Sports and Recreation Complex and Field House to MnSCU no earlier than March 2000. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. D-6 Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 501-99 calling for a public hearing on August 16, 1999, adopting criteria for awarding "business subsidies". Ayes (7), Nays (0). Motion carried. D-16 Richard Freese, Public Works Director, told the Council that an emergency generator needed to be purchased to supply electricity to pump fuel for emergency vehicles in the event of a power failure as happened in the past. At that time, there was no facility that could pump fuel for police, fire and other emergency vehicles in the City. A used generator has been located but may not be available if the bidding process is used because of the length* of time necessary for formalized bids to be received. Without a back generator, emergency vehicles would be unable to travel or respond to emergency calls. As such, the absence of a back-up generator threatens the public's health, safety and welfare. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 502-99 approving the purchase, under an emergency exception, of one (1) used backup Onan generator to provide backup power to the Fourth Street Pubic Works Location. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Senjem voted nay. D-20 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 503-99 approving the Environmental Impact Statement for the Shannon Oaks Development as per the findings located on pages 80 and 81 of the Request for Council Action. Ayes (7), Nays (0). Motion carried. 5650 Agenda Item D-36 37 E-1 E-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reg, liar Meeting No 16 —August 9, 1999 Councilmember Senjem questioned the need for a bike trail on the south side of 23`d Avenue S.W. saying that the majority of people are located on the north side. He was told that the north side would have a sidewalk and the bike trail would serve Wimbledon and other subdivisions because of the absence of sidewalks in those areas. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 504- 99 entering into an Engineering Services Agreement with Bonestroo Rosene Anderlik & Associates for plans and specifications for Project No. J-4950 "Bike Trail Project on 2"d Street S.W. from 23rd Avenue S.W. to West Circle Drive", and adopt Resolution No. 505-99 authorizing the City Clerk to advertise for bids for Project No. 6202-3-98 (J-4950) "Bituminous Bike Trail Project on 2nd Street S.W. from 23rd Avenue to West Circle Drive". Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision. The developer requested that this plat be continued to the next meeting of the Council. Councilmembers Hanson moved, Stobaugh seconded, to continue the hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision to the August 16, 1999, meeting. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Disorderly Use Ordinance Violation at 1333 Third Avenue S.W., #2. Councilmember Hanson excused himself from the table citing a conflict of interest. Wishing to be heard was Betty Stoflet, Route 2, Kasson, owner of the building. Ms. Stoflet said that she and her husband have been the landlords for the past 15 years. They currently have a tenant that signed the lease and stipulations. He has violated all agreements, refuses to move after court order, and will now need to be removed by the Sheriffs Office. Answering questions from Councilmembers, she said that she had not run a background check on the tenant and has not participated in the crime free multi -family housing workshop. Wishing to be heard was Joe Bissen, 1347 Third Avenue S.W., resident since 1974. He noted that the basement window on Ms. Stoflet's property has been broken out for several months and there are continual parties at the house. He informed Ms. Stoflet of the problems, she told him it would be taken care of and cleaned up, but nothing has been done. Larry Mooney, Building and Safety Department, stated that there has not been a rental certificate on the property since December 3, 1996. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 11 CITY OF ROCHESTER, MINNESOTA 5651 Regular Meeting No. 16 — August 2, 1999 Agenda Item Councilmember McConnell moved, Stobaugh seconded, to impose a civil fine equal to one months' rent for each violation with 50 percent to be paid now and 50 percent to be suspended if the owners, by September 1, 1999 have brought the. property into compliance with the Rochester Housing Code, have received a' valid rental registration certificate, and have attended a crime free multi -family housing workshop and directed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmembers asked that a report from Building and Safety be provided by September 1, 1999. If the fine and stipulations have not been completed, the City Attorney will initiate court action. Ayes (6), Nays (0). Motion carried. Councilmember Hanson returned. E-3 A Continued 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 be heard was Mrs. Goldman, 1147 First Street S.W. She presented a letter to the Council from Ruth Schuldt, 1131 First Street S.W., who was unable to attend, noting the car lights that shine through her house and the lack of a yield sign coming from the alley. Mrs. Goldman handed out a petition from the neighbors who have asked that Fairfield Suites abide by the terms of the permit that was issued. She said that they are not asking for anything additional but only that they comply with what was approved. Wishing to be heard was Tom Torgerson, representing the owners of Springhill Suites Hotel. Mr. Torgerson said that in June 1997 the Council approved the Incentive Development for the project. When the buildings were demolished to make way for the hotel, the project experienced extra costs associated with the removal of the asbestos. At that time they looked for ways to cut costs including eliminating the brick face on the first story of the building and the masonry work for the fence. The bench was eliminated on Second Street because of misuse but they replaced them with five additional benches that could be monitored. The architect contacted the Planning Department and was told that the revisions could be approved without going back to the Council. Addendums 1-5 for the project were signed off on by the Planning Department. They were issued a certificate of occupancy in June 1998 and in September 1998 they were cited with a violation on the property. They are confused with being told to proceed and then receiving a citation for non-compliance. The Planning Commission has asked them to plant additional shrubs along the fence area which they will. Wishing to be heard was Paul Sundeen, 1119 First Street S.W. He stated that what is done is probably beyond what can be corrected but it is affecting the neighbors The compromise was that a certain amount of aesthetic value would be added to the neighborhood by what had been required. The poly -vinyl fence does RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5652 CITY OF ROCHESTER, MINNESOTA Reg, iar nn,_ Meets No 16 — August 2, 1999 Agenda Item affect the value of his property; the City needs to do something to this particular wall. Wishing to be heard was Mrs. Goldman, 1147 First Street S.W. The current fence and landscape is not a workable solution. When you have a heavy rain, all of the drainage flows under the fence and onto the driveway; it does not meet its objective. She said that she is really only concerned about the fence. Wishing to be heard was Marc Carpenter, 200 Salem Point Drive S.W. He noted that Mrs. Goldman lives on the end of the street and not across from the fence. A very high curb on the parking lot accumulates the drainage. The owners have also paid for all the landscaping on the boulevard rather than having the City pay for it. Wishing to be heard was Dave Bozikowski, 1142 First Street S.W. He did not see why the fence and the landscaping and the fence can't be, resolved. Compose washes down on the sidewalk and the sidewalk is never shoveled in the winter. Mr. Bozikowski noted that fifteen issues that he feels have not been resolved in the development agreement between the City and the Partnership which he has prepared for conciliatory court. He was informed that it was a civil matter and that the City could not get involved. Wishing to be heard was John Haeffner, Willmar, Minnesota, the architect working with Mr. Torgerson. He said that the number of phone calls and written correspondence going back and forth are many. Prior to issuance of the building permit, he spoke many times with Greg Wise, Planning Department. He asked him about the procedure, Mr. Wise 6-mailed him back. Mr. Haeffner was told that the brick was not necessarily a condition of the incentive development and the Council would not have to give approval on the change. Documents were sent and nothing was heard back. Therefore, they thought that the matter was approved for the change. The elimination of the masonry contractor affected the fence. They did the best they could to comply with the project. All of the approvals were in the addendums. Wishing to be heard was Tom Torgerson, representing the owners. He said that to construct the fence today would cost three times, approximately $35,000, of what it would have in 1997. He proposed that they construct a Keystone retaining wall (similar to Virgil's) and then three feet of arborvitaes in addition to the trees and shrubs. He felt that Keystone block next to the sidewalk would prevent the spillage of materials. Wishing to be heard was Evidia Kronebusch, 1139 First Street S.W. She was concerned about the water spillage into the street. She said that the storm drain takes care of the water at present but may not once the water is contained inside a solid fence. Wishing to be heard was Tom Torgerson, representing the applicants. He clarified the agreement reached by the developers and neighbors. Upon completion of the installation of the sidewalk, which is a part of the First Street S.W. project, a interlocking stone retaining wall, about two levels high abutting the south side of the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 11 CITY OF ROCHESTER, MINNESOTA 5653 Regular Meeting No. 16 —August 2, 1999 Agenda Item sidewalk will be installed. That will create a planting bed where a solid arborvitae hedge, the length of the fence, will be planted. A rock bed will be placed in the base of the bed to avoid the mulch which is now washing over the sidewalk. Any shoveling of the sidewalk that is needed will be investigated to insure that it doesn't happen in the future. Richard Freese, Public Works Director, called attention to the fact that a revocable permit will be needed to encroach onto the sidewalk right of way. Terry Adkins, City Attorney, said that a revocable permit can be approved as a part of the resolution on approval of the amendment. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 506-99 approving Amendment to Incentive Development #97-7, Fairfield Suites, as follows: (1) Delete the pedestrian bench, (2) Recognize the landscaping along the north side of the building and along First Street will be established when the street construction is completed, (3) Install Keystone interlocking retaining wall abutting the south side of the sidewalk and the north side of the current wall, and install an arborvitae hedge, and to issue a revocable permit for any encroachment that may occur within the City's right of way, and (4) Modify the plans to show stucco instead of brick on the first floor of the building. Ayes (7), Nays (0). Motion carried. E-4 A Hearing on Annexation Petition #99-12 by Ellis and Julia Workman to annex land located along the south side of Co. Rd 125, south of 16t' Street S.E. and east of T.H. 52. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Annexation Petition #99-12 by Ellis and Julia Workman and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-5 IA Hearing to Consider the Making of Local Improvement Project No. 9913 (J-9588) "Sanitary Sewer and Watermain Extension to Serve the Cheval Lane N.E. Area". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 507-99 approving the making of Project No. 9913 (J-9588) "Sanitary Sewer and Watermain Extension to Serve the Cheval Lane N.E. Area". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5654 Reg„lar Meeting No 16 — August 2, 1999 Agenda Item E-6 E-7 A Hearing on Vacation Petition #99-11 by Carriage Homes to vacate two drainage easements platted with Fox Ridge Townhomes First CIC #159. Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E. He noted that although Carriage Homes had made application for the vacation, the easements have been redone and relocated as a condition of the sales to Maple Manor Nursing Home. Wishing to be heard was Pat Bluhm, representing Maple Manor Nursing Home. Mr. Bluhm said that the drainage easements had to be moved as they were located in the middle of the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 508-99 approving Vacation Petition #99-11 by Carriage Homes. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Appeal #99-7 by DeLite Outdoor Advertising, Inc. for the Rochester Zoning Board of Appeals denial on July 7, 1999 for an advertising sign on DM&E property immediately south of 1602 71h Street N.W. Ms. Karen Marty served as Acting City Attorney during the hearing. Councilmember Evans excused himself from acting on the request due to a conflict of interest. Wishing to be heard was Ken Moen, Dunlap & Seeger, representing DeLite Advertising. He noted that procedures have been put into place whereby a landowner has a means of changing advertising companies. This issue involved the interpretation of the provision included in R.C.O. 60.509(4) and it is their position that the Kolb site, where DeLite wants to put a sign in competition with the Tri-State sign next door, is grandfathered in under that provision. This is the same issue that is before the Court of Appeals in District Court The Court appeal is regarding the City's failure to issue a permit to DeLite under that interpretation; we are the prevailing party in that appeal. It has been appealed to the Court of Appeals by the City and, therefore, are about 150 days from completion of that process. He had two suggestions. One, that the item be tabled, let the appellate process conclude and this issue goes away one way or another. Two, remand it to the Zoning Board of Appeals to get the procedural and factual posture of this case right before it comes to the Council for review. Wishing to be heard was Walter Duffy, Jr., Attorney representing Tri-State. He stated the question before the Council is, did the Zoning Administrator make a mistake when he issued a revocable permit and did the Zoning Board of Appeals make a mistake in voting 5-1 in denying the DeLite appeal? He stated that neither of the actions were in error. He said that the City has a right to issue a revocable permit and was proper in this case. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19 CITY OF ROCHESTER, MINNESOTA 5655 Regular Meeting No. 16 — August 2, 1999 1 Agenda Item E-8 Wishing to be heard was Bill Kolb, 3440 18th Avenue S.W., part owner of the property under question. He told the Council that he is being harmed. He has a lease with DeLite. He had a sign at the time of the moratorium. Therefore, if you provide Tri-State with a permit to put a sign up next to his property, ignoring the fact that one of the questions before you is that there is a sign existing, every other property owner that had a sign in place at the time of the moratorium still has their sign up, He has not had the same rights as everyone else. Karen Marty, Acting City Attorney, stated that two arguments were heard by Mr. Moen. One, that RCO 60.700 would bar the issuance of a permit to Tri-State. It says that when someone has done something and wants to appeal from it, that gets to go forward without anything done that is going to interfere with what they are appealing from. DeLite has appealed the denial of a sign permit. Staff can't do something that is going to permanently prohibit them from getting a sign if they win their case. A revocable permit can be issued which will not interfere with DeLite's ability to get a sign. The second issue, that the City does not have the power to issue a revocable permit. A City has the right to issue permits; a City has the right to condition permits. Every permit with conditions is revocable. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to uphold the decision.of the Zoning Board of Appeals denying the appeal by DeLite Outdoor Advertising Company and to instruct the Acting City Attorney to prepare Findings of Fact, Conclusions of Law, and Order and bring them back to the August 16, 1999, Council meeting. Ayes (6), Nays (0). Motion carried. Councilmember Evans returned. A Hearing on Type III, Phase II Preliminary Plat #99-29 by Westridge Hills Corporation to be known as Greystone located east of 18th Avenue S.W. and south of 30th Street S.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing Westridge Hills Corporation. Mr. Tointon explained the site, its proximity to the City and the topography of the area. He noted that development and contribution agreements have already been approved by the City. The area will be served by City sewer and water. Parkland will be dedicated. They are in agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #99-29 by Westridge Hills Corporation to be known as Greystone with five 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 .5656 Regi liar Meeting No 16 — August 2,-1999 Agenda Item E-9 A Hearing on Type III, Phase II Restricted Development #99-20 Preliminary Plan by Richard Arend located along the north side of Eastwood Road S.E., east of the Bear Creek Post Office. Wishing to be heard was Lisa Wiesner, Design Construction Options, noting that they were in agreement with the nine conditions including revision of condition #6. Wishing to be heard was Wayne Madsen, 2011 Eastwood Road S.E. Mr. Madsen was opposed to the development. He said that 60 units are quite a few people. The land was zoned commercial and should stay so. The trees make a good break between the commercial and residential developments. The access from Eastwood Road would not be a good access. Wishing to be heard was Tom Murphy, 270 Salem Point Drive S.W., owner of McMurphy's and Acquarius Club. He said that when he was going to build his business in 1979 he looked for a business location that was zoned strictly B-4 commercial. Mr. Murphy said that he disagrees with condition #11, General Compatibility Is putting housing in a commercially zoned area the solution to the housing problem? Wishing to be heard was Alex Leontovich, 2020 Eastwood Road S.E. He stated that housing is needed and very important but so is safety. This site is probably one of the most dangerous; it's probably not the best place to put a family apartment complex. Wishing to be heard was Wayne Madsen, 2011 Eastwood Road S.E. Mr. Madsen made note that Kirby Stoppel was in the audience earlier but had to leave but wanted it known to the Council that he was also in opposition to the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 509- 99 denying Restricted Development #99-20 Preliminary Plan by Richard Arend based on fact that the applicant failed to satisfy the criteria found in R.C.O. 62.708(1)(d)(k). Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. E-10 A Hearing on Type III, Phase II Restricted Development #99-21 Preliminary Plan by South Broadway Partners L.L.C. located east of St. Bridget Road and north of 45t' Street S.E. Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E., representing the applicant. He noted that they are in agreement with the eight conditions. Mr. Borcherding, however, stated that they were not in agreement with the parkland dedication requirement of 7.37 acres. The project will contain 319 manufactured mobile home units on fairly large lots. Contained within the closed - access development will be over 13 acres of recreational usage areas. They requested that based on the 13 acres contained within, the Council waive the park dedication requirement. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5657 Regular Meeting No. 16 — August 2 1999 Wishing to be heard was. Mac Hamilton, Hamilton Real Estate. Mr. Hamilton told the Council that he has seen mobile home parks of this nature and there is no cause for concern. He likened the project to a single family development of ramblers. Mr. Hamilton stated that it is a very practical approach to the housing shortage today. Wishing to be heard was Kathy Bakken, 4701 55t' Street S.E. Ms.Bakken was particularly concerned about the increased traffic that would be generated unto County Road 101 which is a heavily hunted area. She asked what would happen to the traffic problems until the year 2003 when the interchange is proposed to be built on Highway 52. The land is commercial and ag zoned. She asked that the project be postponed until the interchange is built. Wishing to be heard was Jeff Sorenson, 4225 St. Bridget Road S.E. Mr. Sorenson has lived at this address for the past 35 years. His main concern is the traffic problem. Although there will eventually be a change, he requested that the speed limit on St. Bridget's road be reduced from the Elcor driveway, on the highway, to the St. Bridget's Road. Wishing to be heard was Tom Hexum, one of the applicants; he stated that St. Bridget's Road will be widened and there will be a passing lane on the west side of the road, turn lanes will be put on County Road 20. Denny Stolz, Park Department spoke to the required parkland dedication. He stated that 7.75 acres is actually due under the current ordinance for this type of housing. The ordinance does not use private space in lieu of public required parkland. This project is removed from the nearest public recreational facility by 2.5 miles. If the Council accepts the private parkland that is presently located within the development, a precedent will be set for the future. This could include having backyard space behind homes declared parkland as well as mini cells of water. Mr. Stolz stated that the Park Department feels that there should be a neighborhood park in this development. Wishing to be heard was Tom Hexum, South Broadway Partners. He again asked the Council to consider the 3.5 acres inside the development as the required parkland saying that they can't afford to have a public park in a restricted development with a carded access. The private access is the number one selling point to the project. Also, there is great value in having aquatic parks as would be located in the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Senjem seconded, to reopen the hearing and continue it to the August 16, 1999, meeting. Discussion. Roy Sutherland, Director, Park Department, told the Council that they need to look at the development as 319 starter homes with young families and a tremendous opportunity to do it right. Not everything that is done in the project is going to meet the needs of that community... and they are a part of the community. 5658 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-11 G-a LWO G-3a G-3b Ayes (7), Nays (0). Motion carried. A Hearing on City Council Initiated Amendment to Section 63.224(5)(e) Advertising Sign Location of the Rochester Zoning Ordinance and Land Development Manual addressing the standard for separation distance between advertising signs and residential zoning districts. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve City Council Initiated Amendment to Section 63.224(5)(e) Advertising Sign Location of the Rochester Zoning Ordinance and Land Development Manual and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember Evans abstained. An Ordinance Annexing to the City of Rochester Approximately 2.41 Acres of Land Legally Described As A Part of the East Half of the Southeast Quarter of the Northeast Quarter of Section 10, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (1300 Mayowood Road S.W.) An Ordinance Amending and Reenacting Clause E of Subdivision 5 of Section 63.24 of the Rochester Code of Ordinances, Relating to the Regulation of Advertising Sign Locations Adjacent to Residential Zone Districts in the City of Rochester, was given a first reading. Councilmember Senjem moved, Stobaugh seconded, to strike item (1) from 62.1105 which states "the activity will not result in the disturbance of a natural community as identified by the Minnesota Department of Natural Resources Olmsted County Biological Survey Map" and also to strike item (9) from 62.1106(b) which states "existence and location of any historic sites or native plant communities on the property". Ayes (7), Nays (0). Motion carried. 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, 62.2251 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 second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. 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 second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ' CITY OF ROCHESTER, MINNESOTA 5g59 Regular Meeting No. 16 — August 2 1999 Agenda Item G-3c 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 second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North side of East Circle Drive across from Rocky Creek Drive N.E.) G-3d 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 second reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of 3`d Avenue N.W., South of Elton Hills Drive N.W. — 1804 Third Avenue N.W.) G-3e 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 second reading. Councilmembers Evans moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South side of 19th Street N.W., East of the Rochester Athletic Club, West of DM&E Line) G-4a 'Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 510- 99 entering into an Owner Contract with Crestview of Madison, LLC and DMC Plumbing for Project No. J-9592 "Watermain to Serve Lot 7, Block 1, Wood Lake Park Subdivision". Ayes (7), Nays (0). Motion carried. G-4b Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 511-99 entering into an Owner Contract with GA Nelson, Inc. and Road Constructors, Inc. for Project No. J-9596 "Watermain and Storm Sewer to Serve Lots 5 and a part of Lots 4 and 6, Block 1, Plaza 41 Northwest". Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk