Loading...
HomeMy WebLinkAbout09-20-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5687 Regular Adjourned Meeting No. 20 — September 20 1999 Agenda Item A-1 No one wished to be heard during the Open Comment Period. B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None President Hunziker noted that several hearing items have been requested to be continued. Councilmembers Senjem moved, Stobaugh seconded, to continue Item E-9 to October 4, 1999, Item E-13 has been tabled indefinitely, E-14 continued to October 4, 1999 and Item E-19 continued to October 18, 1999. Ayes (7), Nays (0). Motion carried. D-1-4, Councilmembers Evans moved, Stobaugh seconded, to approve the following 6-8, consent agenda items. 10-1.1, - 13-26 D-1 Approved the minutes of the September 8, 1999 meeting. D-2 Approved the request from the Small Business Development Center for $5000 from the Contingency Account for consulting services to businesses. D-3 Adopted Resolution No. 582-99 supporting the State bonding request for mitigation funding for the DM&E Coal Train Project. D-4 Adopted Resolution No. 583-99 approving the reassignment of the lease agreement with J & D Food Service to Deann M. Stowers for the restaurant concession at the Rochester International Airport. The lease agreement will expire on March 31, 2002. D-5 See at the end of the D Items. D-6 Approved the following licenses and miscellaneous activities: Beer — On -Sale Temporary St. Pius Home & School Association — Octoberfest — October 9, 1999 Gambling — Temporary Raffle Lourdes Foundation, Inc. — October 26, 1999 Liquor — Temporary On -Sale Order of American Hellenic Education and Progressive Association (AHEPA) — Octoberfest — October 29, 1999 Master Plumber NS/I Mechanical Contracting Company, St. Paul, Minnesota Sidewalk - Cement McGough Construction, Rochester, Minnesota RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5688 CITY OF ROCHESTER, MINNESOTA Regular A inurn _d M _ _ting No 20 — Septemher 90, 1999 Agenda Item D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 Sign Installation Sign Solutions, Robbinsdale, Minnesota Sound Amplification Minnesota Bible College — Outdoor Concert — September 11, 1999 (prior approvals: McConnell, Evans, Hanson, Stobaugh) Miscellaneous Street Use Knights of Columbus — Marathon for Non -Public Education — October 3, 1999 Fireworks Century High School — Half-time at Football Game — October 1, 1999 Adopted Resolution No. 584-99 approving the City Clerk Document Imaging Project with Xerox Corporation for minute and ordinance books with funding from Project No. J-2089. Approved the transfer of the On -Sale Wine and Beer Licenses to Deann Stowers, Stewartville, Minnesota, for the Rochester International Airport restaurant. See at the end of the D Items. Approved Accounts Payable in the amount of $1,787,272.45. Adopted Resolution No. 585-99 approving the purchase and installation of a Plymovent Diesel Exhaust System at Fire Station #3 with financial assistance of a Safety Abatement Grant from the Minnesota Department of Labor and Industry and the remainder of the expense taken from the Contingency Account. See at the end of the D Items. Adopted Resolution No. 586-99 approving the Wetland Delineation and Replacement Plan for Manor Woods West 11t' Subdivision.. Adopted Resolution No. 587-99 authorizing a revocable permit for the Crossroads Carwash on Lot 1, Block 1, Zumbro Plaza. Approved the designation of West Circle Drive from CSAH 22 extending from 55t' Street N.W. to Salem Road and directed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 588-99 approving the Orderly Annexation Agreements #2, #3, #4 and #5 for Marion Township. Adopted Resolution No. 589-99 awarding the contract to Swenke Company for Project No. 9828 (J-9535) "Sanitary Sewer and Watermain to Serve the 1100 Block of Skyline Drive S.W." in the amount of $316,272.00. 1 ►--7 U RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5689 Regular Adiourned Meeting No. 20 — September 20, 1999 Agenda Item D-18 Adopted Resolution Nos. 590-99 and 591-99 ordering the preparation of the assessment roll and setting an assessment hearing on October 18, 1999 for Sidewalk Replacement Project No. 3-1998 (J-9489) 'Replacement of Sidewalk on 11th Avenue N.E.-from East Center Street to 14th Street N.E. and Replacement of Curb & Gutter on 11th Avenue N.E. from 7th Street N.E. to 14th Street N.E." D-19 Adopted Resolution No. 592-99 awarding the contract for Project No. 6304-4-99 (J- 9544) "Construct Concrete Curb & Gutter, and Grind & Overlay 4th Avenue N.W. from 25th Street N.W. to Zumbro Drive N.W.; and Grind & Overlay 4th Avenue N.W. from Elton Hills Drive N.W. to 25th Street N.W., 25th Street Cul-De-Sac, and 26th Street N.W." to Rochester Sand & Gravel under Alternate B in the amount of $208,440.28. D-20 Adopted Resolution No. 593-99 awarding the contract for Project No. 9860 (J-6395) SAP 159-122-06, SAP 55-604-16 "Traffic Signals at Intersection of Valleyhigh Drive and 19th Street N.W." to Nietz Electric in the amount of $195,640.00 and Resolution No. 594-99 entering into an agreement with Olmsted County for engineering and construction services. D-21 Adopted Resolution No. 594A-99 awarding the contract for Project No. 9916 (J- 4895) "Dredging of the Zumbro River From 4th Street S.E. to Center Street" to Timme, Incorporated in the amount of $254,000.00, conditional upon the MPCA isuance of the dredging permit required for this project. D-22 Approved changing 2"d Street N.W. platted in Manor Woods First and Manor Woods Second Subdivision to west of Manor View Drive N.W. to Meadow Lakes Drive N.W. and instructed the City Attorney to prepare an ordinance for adoption. D-23 I Adopted Resolution No. 595-99 adding to Section B "No Parking Zones" paragraphs to the Comprehensive Traffic and Parking Resolution Book to read: (222) 17th Street S.E., on the north side, from Broadway to 3`d Avenue, at all times. (222.45) 18th Street S.E., on the South side, from Broadway to 2"d Avenue, at all times. (223.4) 19th Street S.E. on the North side, from Broadway to 3`d Avenue, at all times. D-24 Adopted Resolution No. 596-99 adding Paragraph (84) to Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (84) 6th Street S.E. on the north side of the street, 40 feet more or less in front of the premise known as 509 6th Street S.E., between the hours of 9:00 A.M. to 5:00 P.M. Monday through Friday, 15 minute limit. D-25 Adopted Resolution No. 597-99 entering into a joint bid/purchase agreement with the City of Mankato for two dial -a -ride buses and authorizing advertisement for the purchase of up to six buses for Rochester and Mankato. 5`6'90 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjowned MeetinqNo 90 — September 20, 1999 D-26 Adopted Resolution No. 598-99 calling for a Public Hearing for November 1, 1999 for Tax Increment Financing for Georgetown Townhomes. Ayes (7), Nays (0). Motion carried. D-5 Councilmember McConnell voiced some complaints that he had heard against the contractor. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 599-99 awarding the contract for Project No.J-6966 "1999 Airport Industrial Park Improvements — Phase 1" to Road Constructors, Inc. in the amount of $433,376.86. Ayes (7), Nays (0). Motion carried. D-9 Councilmember Stobaugh noted the complaints that he and the City Clerk's Office had received about a band that had played previously at Eastwood Park. Councilmember Stobaugh noted that there are restrictions that will be met with the granting of this sound permit. Councilmembers Stobaugh moved, Senjem seconded, to approve the Sound Amplification Permit for Christopher Hackenmiller and Blake Stoppel, Rochester, for September 24, 1999 at Eastwood Park subject to the provisions of RCO 117.06 (a- f) and MS 609.72, subd. 1(3). Ayes (7), Nays (0). Motion carried. D-12 Councilmember Hanson noted his reluctance to authorize the use of consultants to study the problems at the library especially with the entrance. Connie Ozinga, Library Director, said that the consultants would look at also be studying the acoustical problems that are in the library such as the first floor sound carrying to the second floor quiet area. Councilmembers Hanson moved, Evans seconded, to deny the execution of an agreement with Meyer Scherer and Rockcastle, Ltd. to conduct a building study for Rochester Public Library at a cost of $4800. On roll call vote: Councilmembers Evans, Hanson, McConnell, Senjem voted aye; Councilmembers Marcoux, Stobaugh and President Hunziker voted nay. Ayes (4), Nays (3). Motion carried. E-1 A Hearing on Arboretum Special District Amendment Final Site Plan #99-3 by David Bishop on property located south of Lincolnshire 7th and 81h Subdivisions, north of 41st Street N.W., east of the Douglas Trail and west of the future extension of Arboretum Drive. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. Mr. DuMond noted the changes that had been made to the plan including the majority of the housing units split into four-plexes; there are still three six-plexes on the west side. He noted the agreement of conditions #1-6. The developer was not in agreement with condition #7 requiring minimum 20-foot trees on the northern property line. The homes to the south would be looking at the tops of the dwellings because of the grading of the complex. Mr. DuMond stated that the Council would 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 — September 20 1999 5691 need to decide on type and height of fencing required between/behind the garages. The neighbors asked that 6 to 8-foot fences be installed between the garages. Mr. DuMond stated that 10-foot shrubs behind the garages would be appropriate. Councilmember Senjem asked that a condition be added to eliminate construction traffic through the Lincolnshire neighborhood for this project. Wishing to be heard was Dave Bishop, 1185 Plummer Circle S.W. Mr. Bishop felt that a 20-foot tree was not needed in the northwest corner of the property nor on the street to the east. He said that fences connected to the garages with gates are needed; a continuous hedge or fence behind the garages would be okay. Mr. Bishop was in agreement that the construction traffic would be coming only from the south; he stated that he would not be able to start construction until the abutting owner to the south starts to build. Wishing to be heard was Jeff Schaefer, 4201 York Lane S.W. He noted that he attended a site plan meeting with the Zoning Commission. The Commission stated that the development was unfortunate for the neighborhood and that it was the fault of the developer which has occurred. Mr. Schaefer stated that the natural transition from his home to the land on which the development sits should have been townhomes. He felt that it was the responsibility of the Commission to "police" to see that the area was in smooth transition for development. Mr. Schaefer noted the difficulties in trying to compromise with the developer. The developer noted to them that he would do nothing more than mandated by City ordinances. Mr. Schaefer offered a compromise; that the City Council vote down the final site plan for the Bishop apartments and make a condition that the developer agrees to a 78 percent increase in his total budget to make the complex fit the quality of the existing neighborhood. (The City voted for a 78 percent increase in the University Sports Complex citing that the buildings did not fit the surrounding buildings.) Wishing to be heard was Ken Milligan, 4212 York Lane N.W. Mr. Milligan noted that the Council wanted the neighbors and the developer to meet and consider compromises; the developer ignored the neighborhood. Mr. Milligan asked the Council to consider that this development does not fit the quality of the neighborhood. Wishing to be heard was Jaren Vande Kieft, 3550 42"d Street N.W. He noted the major issue is if the development compatible and complement the existing neighborhood. The neighborhood has oversized yards, no fences and lots of green space. The development has a lot of garages and a lot of concrete and appears to be low-income housing. The development to the south of the Bishop development is up -scale with a lot of green space, swimming pool and community room. Wishing to be heard was Carrie Phillips, 4208 Arbor Lane N.W. Ms. Phillips expressed that the residents of Lincolnshire are interested in their neighborhood. The developer did not want to meet with them or be at their meetings. They are looking at a significant change in the neighborhood. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5692 Reguiar Adjourned Meeting No 20 — September 20, 1999 Agenda Item Wishing to be heard was Jeff Orr, 4200 York Lane N.W. Mr. Orr stated that he was representing himself and not the residents of Lincolnshire. He stated that the interests of the people have not been heard by the Council or responded to. What was wanted were single family homes. The developer has offered no compromises. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell reminded the Council as to the zone change in the East Side Neighborhood to preserve the character and integrity of the neighborhood. He stated that this is the same issue in purpose and velocity; whether the character and values, both monetarily and visual, should be determined by a neighborhood or an outside developer. Councilmember McConnell moved to deny the Arboretum Special District Amendment Final Site Plan #99-3 by David Bishop until further meaningful meetings are held by the developer and neighbors. Motion failed for lack of second. Councilmembers Senjem moved, Evans seconded, to amend condition #3 to require that construction traffic not go through the neighborhood, condition #7 to require that trees in the bufferyard along the northern property boundary be a minimum of 20 feet, condition #8 that the fence be imposed and add a condition that the northerly lot contain a townhouse. Discussion. Phil Wheeler, Planning Department Director, noted that the trees could be planted 50-60 feet apart, grouping of trees can be used in an attractive way and lower bushes used for buffers closer to the ground. He stated that fences can be from four to eight feet in height. It was the consensus of the Council that Wade DuMond, representing the developer, Denny Stutz from the Park Department and a representative from the Planning Department meet with a representative of the neighborhood to determine the standards for a fence that would meet buffer yard requirements. Phil Wheeler noted that the General Development Plan for the Arboretum, approved in 1998, had a density of 15 units per acre. It would be possible to have a lower density in some parts and higher in other parts and still average 15 units per acre. Therefore, a lower style of density could be required in part of the site. Mike Nigbur, Public Works Department, stated that the construction contract can include a provision that a barrier be placed to stop construction traffic from going through the Lincolnshire neighborhood. Councilmember Senjem moved, Stobaugh seconded, to make a substitute motion as follows: At the end of condition #3 "such that construction traffic does not move through the neighborhood by way of barricades. The barricades shall be removed upon installation of the first layer of bituminous". Condition #7 stating: "A group of four consisting of representatives from Planning, Park & Recreation, the developer and the neighborhood to meet and agree on landscaping, trees and shrubs 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5693 Regular Adjourned Meeting No. 20 — September 20 1999 consistent with Buffer Yard Indicator D-E". Condition #8 stating "The northerly unit shall comprise of a four -unit or less attached with attached garages each unit having its own separate entrances", and directed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. E-3 A Hearing on Land Use Plan Amendment #99-5 by Hamilton Investors for land located along the east side of West Circle Drive, south of Country Club Road and adjacent to the Rochester Golf and Country Club. Testimony heard was to be considered for Items E-2, E-3 and E-4. Wishing to be heard was Mac Hamilton, applicant. Mr. Hamilton noted that as the need for workers increases in the City, so does the need for housing for those workers. He stated that the particular site in question for his project is the best site in the City and the housing will be built with no subsidy required from the City. The property is completely surrounded by trees, woods and golf courses as natural buffers. A traffic impact study has been prepared as requested by the Planning staff. Traffic is been reviewed and is considered adequate and safe for the flow of traffic. Residents living within the development will be working professionals. Mr. Hamilton noted agreement with the eight conditions. Wishing to be heard was Bill Sepic, Chamber of Commerce, 220 South Broadway. He complimented the City staff on finding and providing new housing units for the community. He noted that the Chamber held a planning session last year with the major issues being the work force and housing. He asked that the Council overturn the Planning Commission's denial of this project. Wishing to be heard was Ken Moen, Dunlap and Seeger, on behalf of the applicant. Mr. Moen noted that the Planning Commission denied on the question of access on CSAH 22. He stated that all traffic concerns are satisfied with the traffic report and turning lanes. He also stated that it is not spot zoning as suggested by a member of the Planning Commission. Wishing to be heard was James Andrews, 3324 Fox Hollow Lane S.W. Mr. Andrews said the major concern was traffic safety. The traffic does not travel at 45 miles per hour and with the closure of T.H. 52, it will only become worse. There is a sharp turn coming down the hill from the south; the road does not handle speeds greater than 45 miles per hour. Wishing to be heard was Bill Freeman, 834 Fox Croft Circle S.W. Mr. Freeman also addressed the sharp curve coming down the hill. He said that if more trees are planted, it will be only worse. He was concerned about the children in the development and the potential for their crossing the street. Mr. Freeman was also concerned about where the school bus would stop; would a place be provided within the development. Wishing to be heard was Frederick Nolting, 3311 Fox Hollow Court S.W. Mr. Nolting gave three reasons that the project should be denied: The land is not level RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5694 CITY OF ROCHESTER, MINNESOTA RPTilar Adjourned Meeting No 20 — September 20, 1999 Agenda Item E-4 at the access, it's poorly drained, and there is not good access on to the collection road. He noted a lack of public transportation for individuals. The land surrounding is zoned R-1; therefore, it is spot zoning. Wishing to be heard was Linda Pagnano, 3220 Fox Hollow Court S.W. She was concerned about the price of the units and whether single or professional people could move into the units. Ms. Pagnano stated that the road is a nightmare because of the hill. She felt that it was spot zoning pointing out the surrounding density of the land. Wishing to be heard was William Plummer, 826 Fox Croft Circle S.W. Mr. Plummer was concerned about the possibility of a crossing street at the access point stating that the possibility of cars coming from the west onto Circle Drive at the same time as cars come out of the development could pose a potential risk. Wishing to be heard was Karin Wright, 821 Fox Croft Circle S.W. Ms. Wright said she is part of a neighborhood association that has a long-term commitment to their neighborhood, homes and families. They do not want spot zoning. Wishing to be heard was Helen Alexander, 3126 Fox Hollow Court S.W. Ms. Alexander spoke as to the experiences her family had living in other communities and being close to communities that grew without long -rang planning in effect. Without consistent zoning, these communities became aesthetically not pleasing places to live. She noted that trees, beauty, peace and aesthetics are what they looked for in a home in Rochester. Wishing to be heard was Alice Good, 933 Paxton Road, advising that the entrance to the development be as far down the hill as possible, noting that the hill is extremely slippery in the winter. Wishing to be heard was Derek Bagwell, 748 Fox Croft Circle S.W., asking those present opposed to the development to stand for the Council to recognize. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers were told that if the development occurs, public transportation will be planned for. They were also told that a bus turn area could be provided for in the general development plan. The development meets the minimum standards for side entrances. Councilmembers Senjem moved, Evans seconded, to approve Land Use Plan Amendment #99-5 by Hamilton Investors with staff findings and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. A Hearing on Zoning District Amendment #99-15 by Hamilton Investors for land located along the east side of West Circle Drive, south of Country Club Road and adjacent to the Rochester Golf and Country Club. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 LJ Agenda Item CITY OF ROCHESTER, MINNESOTA 5695 Regular Adjourned Meeting No. 20 — September 20 1999 Wishing to be heard was William Plummer, 826 Fox Croft Circle, asking for clarification on the zone change from R-1 to R-3. Wishing to be heard was Mack Hamilton, Applicant, available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, McConnell seconded, to adopt Resolution No. 600- 99 approving Zoning District Amendment #99-15 by Hamilton Investors with staff findings on page 169 of the Request for Council Action and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. E-2 A Hearing on General Development Plan #140 by Hamilton Investors for land located along the east side of West Circle Drive, south of Country Club Road and adjacent to the Rochester Golf and Country Club. Wishing to be heard was Chris Colby, Yaggy-Colby, answering any questions on the design plan. The developer will work out a bus drop-off on the site. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve General Development Plan #140 by Hamilton Investors instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. The Council noted that they feel strongly about an acceleration lane for the development. Charlie Rieter, Planning Department, will meet with the County Engineer and convey the concerns of the Council. E-6 IA Continued Hearing on Land Use Plan Amendment #99-4 by Klaxon Properties, Inc. on property located north of 2"d Street N.W., west of TH 52. Testimony given was for Items E-5, E-6 and E-7. Wishing to be heard was Tim Trimble, Klaxon Properties of St. Louis Park, Minnesota. Mr. Trimble provided background information of the area and how single-family homes would not work in the area. He stated that they will be using 19th Avenue for traffic with the bus pickup on 18th Avenue. The City will be using stop signs and traffic diverters on 18th Avenue and 1 st Street and they are agreeable to the use of these traffic measures. Construction traffic will be via haul road to the west already used by Mathy Construction. They will be paying half of the cost of signaled lights on 23`d Avenue if the City would install prior to the opening of Quarry Ridge. Sidewalks will be placed to the south and east on the property. He stated that a deed restriction can be placed on the parcel to the west designating no development on the property. It can be either a park or left as green space. Mr. Trimble also noted that they had three meetings with the neighborhood on the project. 5696 Agenda Item E-7 and E-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular A 'otjrned Meeting Nn_ 2n — Septemher 20, 1999 Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developers. A traffic analysis was required for the project. They are in agreement with the remaining four conditions and would be agreeable to a deed restriction for the property to the west. Wishing to be heard was Gerald Holmes, 9 19th Avenue N.W. Mr. Holmes was concerned about the notices to the neighborhood as he did not receive information. He was concerned as well about the traffic saying that the streets are not designed to handle the anticipated traffic. He noted that there are only two entrances/exits into the neighborhood. Wishing to be heard was George Stebbins, 1824 West Center Street. , Mr. Stebbins also pointed out the traffic concerns with 4200 cars a day traveling on the streets and entering onto Second Street. Wishing to be heard was Dale Eckert, 1820 West Center Street. Mr. Eckert considers that this is practically a cul-de-sac with only two streets that go in and out. People are now walking the streets; that will be impossible to do after the development. It is unclear when the walking paths will be installed. Wishing to be heard was Forrest Sargent, 7925 18th Avenue N.W. Mr. Sargent noted that they are a point of the problem because of their business. They are particularly affected by the Second -Street intersection. He suggested that 20th Avenue be developed to provide another access onto Second Street. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers expressed their concern over the traffic into the neighborhood and whether it can be serviced from 23rd Avenue. Councilmember Hanson moved, Stobaugh seconded, to approve on Land Use Plan Amendment #99-4 by Klaxon Properties, Inc. Councilmembers Marcoux moved, Senjem seconded, to table Land Use Plan Amendment #99-4 by Klaxon Properties, Inc. to October 18, 1999. Ayes (6), Nays (1). Motion carried. Councilmember Hanson voted nay. A Continued Hearing on Zoning District Amendment #99-14 by Klaxon Properties, Inc. on property located north of 2Id Street N.W., west of TH 52, and A Continued Hearing on General Development Plan #99-139 by Klaxon Properties, Inc. on property located north of 2"d Street N.W., west of TH 52. Councilmember McConnell moved, Stobaugh seconded, to continue the hearing on Zoning District Amendment #99-14 by Klaxon Properties, Inc. to October 18, 1999. Ayes (6), Nays (1). Motion carried. Councilmember Hanson voted nay. 1 E-8 A Hearing on Community Development Block Grant Program 2000 Requests. The following people wished to be heard _regarding their requests for CDBG grants: Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Regular Adjourned Meeting No. 20 — September 20, 1999 Margie Wherritt and Colleen Weber, representing the FACES Program. Darrell Jensen and Judy Plant, representing the Community Housing Partnership. Donna Garret, Development Director for Bear Creek Services John Flanders, PossAbilities of Southern Minnesota Mayor Chuck Canfield asked that some type of help be given to the FACES Program because of their contributions to the Mayor's and Children's organizations. Having no one further wishing to be heard, President Hunziker closed the hearing. This item will be continued to the October 4, 1999, meeting. E-9 A Hearing on Type III, Phase I Final Plat #99-20 to be known as Orchard Ridge First Addition located south of 65th Street N.W. and west of T.H. 52 See Item B-1. Continued to October 4, 1999. E-10 A Hearing on Type III, Phase III Restricted Development #99-21 Final Plan by South Broadway Partners L.L.C. on property located east of St. Bridget Road and north of 45th Street S.E. Wishing to be heard was Todd Hawkinson, Yaggy-Colby, representing the developers. He pointed out that the only item requiring a city -owner contract will be the watermain which will be public; all other items will be private. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 601- 99 approving Restricted Development #99-21 Final Plan by South Broadway Partners L.L.C. with 16 conditions. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Type III, Phase II Preliminary Plat #99-33 by White Oaks Development of Rochester, Inc. to be known as White Oaks Fourth Subdivision located east of 50th Avenue N.W., north of 59th Street N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole noted agreement with the nine conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Preliminary Plat #99-33 by White Oaks Development of Rochester, Inc. to be known as White Oaks Fourth Subdivision and instructed the City Attorney to prepare Findings of ,Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Type III, Phase I Final Plat #99-42 to be known as Northwest Plaza Third Subdivision located south of 551h Street N.W., west of the West Frontage road of Highway 52, north of the Sam's Club Store. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5698 Rpg,lar aro►irned Meeting -No 20 — SeptPmher 20, 1999 Agenda Item E-13 E-14 E-15 Wishing to be heard was Paul Hansen, Kwik-Trip, LaCrosse, Wisconsin. Mr. Hansen was available if there were any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 602-99 approving Final Plat #99-42 to be known as Northwest Plaza Third Subdivision with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-41 to be known as,Eagle Ridge North Second Subdivision located north of Wimbledon Hills Drive S.W., east of Lark Lane S.W. See Item B-1 — Item tabled at request of applicant. A Hearing on Type III, Phase I Final Plat #99-16 to be known as South Park Five located along the north side of Pinewood Road, West of 22"d Avenue S.E. and east of the bikeway trail. See item B-1 — continued to the October 4, 1999, meeting. A Hearing on Type III, Phase I Final Plat #99-43 to be known as Alliance Business Park Subdivision located along the north side of 37th Street N.E. and east of East River Road. Wishing to be heard was Bill Tointon, McGie & Betts, representing the applicant. He requested that the hearing be continued to the October 4, 1999, meeting. Councilmembers Senjem moved, Stobaugh seconded, to continue Final Plat #99- 43 to be known as Alliance Business Park Subdivision to the October 4, 1999, meeting. Ayes (7), Nays (0). Motion carried. E-16 A Hearing on Preliminary Plat #99-34 by B & H Development L.L.C. to be known as Circle 19 Plaza located along the west side of West Circle Drive, north of 19th Street N.W. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond noted that they were in agreement with the nine conditions. He explained that the Substantial Land Activity needs to be waived with regard to the 2- to-1 slope. A six-foot bench needs to be put in the 2-to-1 slope with some drainage. The alteration has been approved by Public Works. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 603-99 approving Preliminary Plat #99-34 by B & H Development L.L.C. to be known as Circle 19 Plaza with nine conditions and to determine the lack of a need for a conditional use permit because of Substantial Land Alteration activity and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and 1 [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No 20 — September 20 1999 5 6 9 9 Order. Ayes (7), Nays (0). Motion carried. E-17 A Hearing on Type III, Phase II Final Site Plan Amendment #99-6 by Kwik Trip, Inc. to develop a part of Lot 4, Block 1, Northwest Plaza Subdivision located south of 55th Street N.W., west of the West Frontage Road of Highway 52, north of the Sam's Club Store. Wishing to be heard was Paul Hansen, Kwik-Trip, LaCrosse, Wisconsin, noting that condition #1 has been met and that they are in agreement with the remaining three conditions. Having no one further wishing to be heard, Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 604-99 approving Final Site Plan Amendment #99-6 by Kwik Trip, Inc. Ayes (7), Nays (0). Motion carried. E-18 A Hearing on Vacation Petition #99-12 by Marla Rogers Reincke to vacate a five- foot utility easement located along the south property line of Lot 44, Block 22 Elton Hills 5th Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 605- 99 approving Vacation Petition #99-12 by Marla Rogers Reincke. Ayes (7), Nays (0). Motion carried. E-19 A Hearing on Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to vacate the ten -foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens. See Item B-1 — continued to the October 18, 1999, meeting. E-20 A Hearing on Annexation Petition #99-17 by Mark and Kristine Litzow to annex land at 2505 Crest Lane S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve Annexation Petition #99-17 by Mark and Kristine Litzow and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-21 A Hearing on Type III, Phase II Zoning District Amendment #99-16 initiated by the City Planning and Zoning Commission to amend the zoning district from R-1 to R- 1X on property located on the north side of Essex Parkway N.W., northwest of Canterbury Lane N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to approve Zoning District Amendment #99-16 initiated by the City Planning and Zoning Commission and RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5700 Agenda Item instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-22 A Hearing on City Initiated Text Amendment #99-5 to amend the Rochester Zoning Ordinance and Land Development Manual provisions related to temporary signs and banners. Wishing to be heard was Bill Sepic, Chamber of Commerce, 220 South Broadway. He asked the Council to reassess the requirement for only a 32-foot banner and consider allowing a second banner under the first in the same area in the event something occurred (hail storm) the second banner could be used for a short period of time. He also asked that the City be subject to the same regulations. Mitzi Baker, Planning Department, noted that the regulation would apply to the City as well including the Civic Center. They would not be applicable to those signs over a right-of-way or City street as those need a permit from the City Clerk's Office. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Stobaugh seconded, to approve City Initiated Text Amendment #99-5 and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Senjem voted nay. Councilmember Senjem left the meeting. G-2a An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of a Portion of CSAH 22 Extending From 55t' Street N.W. to Salem Road As West Circle Drive, was given a first reading. G-2b An Ordinance Amending Section 75.01 of the Rochester Code of Ordinances, Relating to the Change of Name of a Street Platted in Manorwoods First and Second Subdivisions, was given a first reading. G-2c An Ordinance Annexing to the City of Rochester Approximately 1.94 Acres of Land Legally Described as Lot 1, Block 5, Merrihills Subdivision, Olmsted County, Minnesota, was given a first reading. (South side of Institute Road S.W., northside of Crest Lane S.W.) G-2d An Ordinance Rezoning Certain property From the R-1 District to the R-1 X District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading (North side of Essex Parkway N.W., Northwest of Canterbury Lane N.W. (Essex Estate Townhomes) G-2e An Ordinance Creating and Enacting Subdivision 6 of Section 63.226 of the Rochester Code of Ordinances, Relating to the Regulation of Advertising Banners in the City of Rochester, was given a first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5701 Regular Adjourned Meeting No 20 — September 20 1999 Agenda Item G-3a An Ordinance Annexing to the City of Rochester Approximately 89.38 Acres of Land Legally Described As A Part of the Northeast Quarter and the Southeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West side of 50th Avenue N.W., North of Douglas Trail) G-3b An Ordinance Annexing to the City of Rochester Approximately 58.79 Acres of Land Legally Described As A Part of the Northwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South side of Viola Road N.E., West of Haverhill Road N.E., within Shannon Oaks GDP) G-3c An Ordinance Rezoning Certain Property From the R-2 District to the R-1 District, From'the PUD R-58 District to the R-1 District, From the R-4 District to the R-1 District, From the R-4 District to the R-2 District, From the B-4 District to the R-2 district, and From the R-3 District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (East Side Neighborhood) G-4a Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 606- 99 entering into an owner contract with Community Presbyterian Church and AB Systems for Project No. J-9624 "Watermain to Serve Community Presbyterian Church". Ayes (6), Nays (0). Motion carried. G-4b Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 607-99 entering into an owner contract with New Era Development, LLC and Ryan Construction for Project No. J-9819 "Watermain to Serve Lots 2 & 3, Block 1, Northview Subdivision". Ayes (6), Nays (0). Motion carried. G-4c Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 608-99 entering into an owner contract with Jerry Nelson and Road Constructors, Inc. for Project No. J-9583 "Basic Construction for the Brittany's Subdivision". Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk