Annual Meeting No. 1 – January 6, 2003

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 Dennis Hanson, Marcia Marcoux, Jean McConnell, Bob Nowicki, David Senjem, Walter Stobaugh. Absent: None.

Judy Scherr, City Clerk, administered the Oath of Office to Mayor Ardell F. Brede and Councilmembers Dennis Hanson and Bob Nowicki.

D-1

The following annual address was given by President Hunziker.

2003 Address to the City of Rochester

John Hunziker, City Council President

Good evening ladies and gentlemen. Thank you all for coming out this evening to share your views and listen as we discuss the business of the City of Rochester.

It is my pleasure to welcome our new Mayor, Ardell Brede, and Bob Nowicki as the new Council Representative from the 5th Ward to the Council table this evening. We all look forward to working with you in the upcoming years to address the concerns and opportunities of the City of Rochester. I also wish to take this opportunity to express my, and the Council’s appreciation to Chuck Canfield and Mack Evans for their years of service to the citizens of Rochester. Our association with Chuck and Mack was enjoyable and productive. We will miss them and wish them well in their future endeavors.

We will also be saying good-bye to Dave Senjem this evening as he prepares to travel to St. Paul to represent our City and Others in District 29 as State Senator. Our association with Dave has also been enjoyable and productive and I anticipate that it will be much more productive in the future.

I believe that the year 2003 will be a year of challenges for the City of Rochester. I would like to share some thoughts on these challenges.

At the Federal Level. The DM&E along with the STB is still telling all of our citizens that we have to surrender our quality of life so that they can upgrade a third rate railroad. The project is working its way through the courts. No matter what the outcome from the court decisions, the DM&E project will still literally divide our neighborhoods and our community. As planned, it will still leave us waiting at crossings 37 times a day and have the increased noise from 100 car coal trains thundering through your neighborhoods just a few feet away from hundreds of your homes.

We will continue to explore all options to address the significant concerns that this project poses for Rochester. We recognize that at times this process appears to be a very uphill battle for our community. We remain resolved to protect the quality of life, public safety and economic health of this City that will be harmed by increased train traffic through Rochester.

At the State Level. The $4 ½ billion dollar budget crisis will become our problem, as the legislature that gave away reserves will now take away local government state aids to solve the problem. I find it somewhat ironic that 30% of those legislators retired this past year. The City is required to set our budget in December and live within its parameters while the State sets theirs in May and we are greatly impacted by their budget decisions. A very disturbing message was sent three days after we set our 2003 budget. There was very serious discussion of not following through with promised December 2002 funding allocations. City budgets rely upon the state following through on their promises. If that faith is destroyed I am not sure what we will be able to believe from the State in the future.

At the same time Rochester is one of the fastest growing cities in the State. It needs to be said that we must have state legislative approval to extend the local option sales tax to fund the local share of the expansion of Highways 52 & 63. What was a $100 million project 10 years ago is now over a quarter of a billion-dollar project with a $30 million dollar price tag for Rochester and Olmsted County. Local property taxes should not be a funding mechanism for regional roads. If you look down on those roads you see tens of thousands of cars coming into and going out of our community between 6:00 AM and 9:00 AM and 4:30 PM and 6:30 PM each day. These roads are part of the entire southern Minnesota areas economic lifeblood.

At the Local Level our continued growth and development, month after month of record breaking housing construction, nearly 4000 permits by year end, will pose city wide infrastructure growth challenges. Extensions and upgrades of existing and new roads and the extension of sewer to handle the growth will put pressure on the capital improvement budget. We will also need to begin exploring the need to expand the wastewater treatment plant in the upcoming years.

Another economic challenge is the need for our largest employer to be not only competitive but also a leader in the medical industry. As a national and international destination medical center, Mayo Clinic produces significant economic return for the City, County and State. The City of Rochester embraces its partnership with Mayo Clinic---providing the community environment, services and infrastructure that enable Mayo to be successful. Medical science will continue to grow and evolve in the future. The advent of genomic medicine is certain to transform the landscape of medicine. The City, the County and the Chamber of Commerce need to continue to collaborate with the Mayo Clinic and the State to ensure that Mayo is in the forefront of genomic medicine and that Rochester and this region continues to remain an attractive national and international destination for patients and visitors from throughout the United States and the world. That will happen with Mayo continuing to be at the forefront of future medical breakthroughs.

The ground breaking of the $60 million dollar Broadway Plaza project and the $6 million Art Center project are good starts to continued downtown vitality, more is needed. Mayor Canfield and the Chamber of Commerce put together a Downtown Task Force in September to look at our downtown needs. I am sure that Mayor Brede will continue with this project. Having a good cross section of the business community involved in this group and having the fresh insight of our new Mayor and two new council members will undoubtedly make this endeavor a success. The City government is committed to this success.

Finally, I wish to express my thanks and appreciation to the city staff and continuing council members for the countless hours, which they spend, tending to the affairs of the city. I believe that I speak for the entire Council when I say, we are your representatives, and we can accomplish anything if we work together as a community.

Thank you.

D-2

Councilmembers Hanson moved, Marcoux seconded, to approve the following prepared resolutions:

Resolution No. 001-03 adopting the Robert Rules of Order for the conduct of business by the Council.

Resolution No. 002-03 adopting the Rules and Regulations for Order of Business of the Council.

Resolution No. 003-03 establishing the committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees.

Resolution No. 004-03 adopting the order of succession to discharge the duties of the Councilmember-At-Large in the event of absence or disability.

Ayes (7), Nays (0). Motion carried.

D-3

President Hunziker presented his appointment of Councilmembers to committees as follows:

ROCOG BOARD OF EQUALIZATION

Mayor Brede Hunziker, Chair

Nowicki Nowicki

Marcoux Senjem*

McConnell

Senjem*

STRATEGIC PLANNING RAEDI

McConnell Hanson

Marcoux Marcoux

CONVENTION BUREAU PASC

Stobaugh Senjem*

Hunziker McConnell

HRA RPU

Marcoux Hunziker

AIRPORT COMMISSION ENVIRONMENTAL

Mayor Brede Hanson

Hunziker

DOWNTOWN DEVELOPMENT YOUTH COMMISSION

Stobaugh Nowicki

Hanson

PERSONNEL ADVISORY COMMITTEE

Hanson, Chair

McConnell

Stobaugh

JOINT EMERGENCY MANAGEMENT

Nowicki

Senjem*

OLMSTED COUNTY SOCIAL SERVICE ADVISORY BOARD

Nowicki

*To be filled by person filling 6th Ward Vacancy.

Councilmembers McConnell moved, Marcoux seconded, to approve the Appointment to Committees by President Hunziker. Ayes (7), Nays (0). Motion carried.

D-4

The following address was given by Mayor Ardell F. Brede.

2003 State of the City

Mayor Ardell F. Brede

 

Good evening! What an honor it is to address you as Mayor of Rochester. Having just been sworn in I’m feeling like I should say this ethics prayer I recently came across

The Ethics Prayer

So far today God, I’ve done all right. I haven’t gossiped, haven’t lost my temper, haven’t been greedy, grumpy, nasty, selfish, or overindulgent. But in a few minutes I’m going to get out of bed ---- and I’m going to need a lot more help. – author unknown

So, in a few minutes, or tomorrow morning, I’m going to "get out of bed" and I will need a lot more help….. help from staff, not the least Donna Bussell, the Mayor’s secretary, the council and of course, the citizens.

Today is January 6, 2003 --- the Twelfth Night --- in the Christian Church it is Epiphany, a Greek word meaning "appearance" or "coming into light." So tonight it is my "appearance" or my coming into light." Today also marks the day the wisemen brought gifts of Gold, Frankincense and Myrrh, or as a child was heard to say "Gold, commonsense and fur." Beside me we have 6 wisemen and one wise woman and while gold (money) will be in short supply---hopefully we will demonstrate plenty of common sense and we’ll minimize the amount of fur flying.

I am humbled by the legacy of recent Mayors ---- Alex Smekta, Dewey Day, Chuck Hazama and of course, Chuck Canfield. And I can even go back to 1882 when Dr. William Worrall Mayo was Mayor. From all of them I learned and gained wisdom.

To a large extent, the agenda for 2003 has been set. The issues facing Rochester and recently articulated by Mayor Canfield, are the DM&E, US 52 Construction, Downtown Development (or redevelopment) and strengthening neighborhoods.

DM&E Certainly we will continue to be diligent in following the current litigation and evaluating the course of action required to minimize the impact for the maximum number of people.

US 52 I applaud the efforts that have been made to reduce the length of this project from the original 11 years to less than 4, while allowing us to travel through this area. Even with this shortened schedule we’ll all be tempted to voice a child’s standard vacation phrase------‘are we there yet!’ Obviously, we must look ahead to the ultimate completion and benefits and exercise patience. "Road rage" temptations must be replaced by the Golden Rule. Hopefully aesthetics of the roadway will receive equal attention to the functionality.

Downtown Development We must not only "prevent the slide" in downtown Rochester but create an environment that is a destination for visitors, guests and residents. We have a task force of great minds that all have a vested interest in downtown and Rochester, that will, I’m confident, come up with a plan to revitalize our downtown. Whether this will be theme restaurants, entertainment, a medical museum or downtown housing I’m not sure. We cannot underestimate the value of name entertainment/concerts that bring people to Rochester and to our restaurants and hotels, including locals.

Downtown can sparkle and we can create an environment that does just that –sparkle. Lighting, sidewalk dining, music, cleanliness etc. can create this welcoming atmosphere.

Neighborhoods Neighborhoods are the backbone of our community and need our continued support through the Rochester Neighborhood Resource Center. Funding for projects is always a challenge and this is no exception; however, the amount that we spend to support this resource pales in comparison to its value. To me, this is better than insurance as we can prevent future problems. I commend Mayor Canfield for establishing the Neighborhood concept and feel that I have been handed the baton and I will not drop it! In addition to the issues listed there are others:

Relationships I will be deliberate in developing relationships within the City and outside---townships, County and State. While I am Mayor of Rochester----Rochester benefits from workers and purchasers who earn and spend in our city. And vice-versa we all benefit when Rochester is a destination. Our diversity creates excitement as well as being economically beneficial. It must be an attitude of "we" not "me". I will be creating an informal "Mayor’s Advisory Panel" to provide dialogue, a M.A.P. for direction, through periodic discussions.

Education We must be diligent in supporting the University Center Rochester and in our efforts to enhance and expand quality higher education that meets the needs of all students in a dynamic, diverse and growing region….not coincidentally the GRAUC mission.

Building/Housing In 2002 we set records:

1. 4,022 building permits, and

2. 946 new homes with an average permit of $151,000.

The total valuation of $322 million is the 4th highest ever. Smart growth, affordable housing and other terms have become buzzwords. With staff and the planning and zoning commission we can continue planned, sensible and organized growth. We must be certain the processes used to obtain various development and building permits are as efficient and fair as possible, never forgetting who the customer is.

I really like a quote from Secretary of State Mary Kiffmeyer’s just published anthology, "21st Century Government: A primer on technology for public officials." I quote:

"It is not pandering or ‘soft’ to make an effort to be friendlier or more accessible to citizens. It is good business and good government, to build trust in government."

FUN As you can see and know we have serious issues to deal with. However, we can have fun!

This Friday, January 10th at 7pm we have an "Inaugural Party" at the Mayo Civic Center Auditorium. Everyone in the Rochester area, especially those elected or re-elected in Rochester and Olmsted County is invited. I’m inviting area Mayors to be my guests. It is not just my party-------even though I’m on the hook for the costs. The $10 ticket will go towards costs, with any proceeds going to local charities. No city money is being used for this event. I hope we will have great attendance and enjoy the music of Rochester Civic Music’s Swing Street (Big Band), vocalist Judy Gittus accompanied by Jane Belau, and Johnny Clueless, a Twin Cities modern rock band.

Another event that will draw the community together is the first annual winter festival ---perhaps named Febrrrrrfest or Winterfest, the February 8 and 9 weekend.

Events planned include:

Ø1 Law enforcement Polar Bear Plunge – benefiting Special Olympics

Ø2 Optimist Club Frozen Goose 5K Run and Walk – benefiting Optimist International Childhood Cancer Campaign and the Rochester Boys and Girls Club.

Ø3 Rochester ‘76 Lions 5th Annual Youth Ice Fishing Contest

Ø4 March of Dimes Slo-Pitch Softball Tournament – Snowball XXV

Ø5 Ronald McDonald House Kidfest at the Heintz Center

Ø6 PossAbilities Skyway Golf Classic

You see we can have some fun while developing more positive relations with our city neighbors and neighboring communities.

I am excited to be moving into this new opportunity. With a Mayo retirement party scheduled this Friday afternoon and a Mayor’s Inaugural party Friday evening it’s a bit of Dickens’ "Tale of Two Cities" (or careers) ---"It was the best of times, it was the worst of times." It will be difficult leaving Mayo after almost 44 years but I’m extremely excited about the wonderful possibilities ahead of me and indeed this great City of Rochester.

I close with some wisdom from Will Rogers:

If you get to thinking you’re a person of some influence, try ordering somebody else’s dog around.

and

Never miss a good chance to shut up.

God Bless each of you and Peace!

D-5

Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 005-03 designating the Rochester Post Bulletin as the official newspaper to publish the official printing and advertising of the City of Rochester for the official year commencing January 6, 2003, at the rate established by the statutes of the State of Minnesota for legal publications. Ayes (7), Nays (0). Motion carried.

D-6

Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution Nos. 006-03, 007-03, 008-03, 009-03 and 010-03 approving the Designation for Depositories of the City, Authorizing Facsimile Signatures and Authority to Initiate Investments, and the Assignment of Securities. Ayes (7), Nays (0). Motion carried.

 

Councilmember Senjem, who was elected as Senator of District 29, said his farewells to the public, Council and staff. He thanked them for all of the hard work, and the memories that he has had and shared during the past 10 years in the City of Rochester. He said that as he looks to the future he hopes that as a Council and staff we keep pushing the City ahead. The City has a pride of excellence that is unsurpassed

D-7-26

Councilmembers Hanson moved, Senjem seconded, to approve the following consent agenda items.

D-7

Approved the minutes of the December 9 and 16, 2003, Council Meetings.

D-8

See at end of D Items.

D-9

See at end of D Items.

 

D-10

Approved the appropriation of $30,000 from the 2002 Contingency Account for the Olmsted County Historical Society.

The relationship of President Hunziker to the Olmsted County Historical Society was noted.

D-11

Approving the appropriation of $1,200 from the 2003 Contingency Account for the R.A.D.A.R. 9-Ball Classic at the Civic Center to offset room rental rates to be paid to the Civic Center.

D-12

Adopted Resolution No. 011-03 releasing the covenant providing a 10-foot wide open space on Lots 1 and 2, Resubdivision of Outlot 25, Northern Addition to allow for a retail auto parts center at the former KFC restaurant building on North Broadway.

D-13

Approved the use of the skyways by PossAbilities of Southern Minnesota to hold a skyway golf tournament on February 8, 2003, subject to five conditions.

D-14

Approved the issuance of an On-Sale (Exclusive) Intoxicating and Sunday Liquor License to Beer-N-Burgers, Inc. dba "The Moose" Bar and Grill at 1829 Highway 52 North pending investigation, license fees and insurances and departmental approvals.

D-15

Approved the following licenses and miscellaneous activities:

Beer – Transfer

Nonprofits, Inc. DBA Rochester Honkers Baseball Club from Rochester Baseball Club – 403 East Center Street

Beer-On Sale 3.2 Temporary

Church of St. Pius – Annual Polka Mass and Dance – February 1, 2003

Dance – Temporary

Church of St. Pius – Annual Polka Mass and Dance – February 1, 2003

Gambling – Temporary

PossAbilities of Southern Minnesota – Raffle at Central Park – August 9, 2003.

Elton Hills PTSA – Raffle at Elton Hills School – January 21 and March 13, 2003.

Children’s Dance Theatre – Raffle at John Marshall High School – March 16, 2003.

Hiawatha Valley Chapter of NW Wild Turkey Federation – Raffle at Radisson Plaza Hotel – March 22, 2003.

Heating Contractor

Neal Plumbing, Rochester

 

Liquor – On-Sale Temporary

Rochester Public Library Foundation – Fundraiser at Public Library – January 18, 2003 (request waiver of $50.00 license fee)

Master Installer

James W. Neal, Rochester

Dana Frederixon, Zumbrota

Master Plumber

Neal Plumbing, Rochester

Miscellaneous Street Use

March of Dimes – Annual WalkAmerica for Preventing Birth Defects – April 26, 2003.

D-16

Approved Accounts Payable of $5,884,839.46 and Investment Purchases of $10,200,000.00.

D-17

Adopted Resolution No. 012-03 approving Cooperative Construction Agreement No. 83797 with the Minnesota Department of Transportation for the Reconstruction of TH 52 East Frontage Road between 33rd Street and 37th Street N.W.

D-18

Adopted Resolution No. 013-03 authorizing the City Clerk to advertise for bids for Project No. J-6316 "Traffic Signal on Country Club Road at new Fire Station #3".

D-19

Adopted Resolution No. 014-03 approving execution of Lease #144-012-0037 with the Minnesota Department of Natural Resources for the placement of a bus shelter on the north side of 8 ½ Street S.E., west of 21st Avenue S.E. for a ten-year period through December 31, 2012.

D-20

Adopted Resolution No. 015-03 awarding a contract to Gillig Corporation for the purchase of up to five buses at a cost of $276,101 per unit and approval to amend the order to six buses pending additional federal funds, and authorize the transfer of funds in the amount of $6,000 from J-2104 to J-2091, and authorize the filing of an amendment with the Federal Transit Administration for an additional $85,011 to FTA Project Mn-90-X166.

D-21

Adopted Resolution No. 016-03 approving the execution of a Pedestrian Facilities Agreement with Mayo Clinic Rochester, a Minnesota non-profit corporation, for Lot 2, Block 1, L.C. Industrial Park Subdivision.

The working relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted.

D-22

Adopted Resolution No. 017-03 approving voluntary participation in the City’s regional Storm Water Management Plan by South Point Motors, Haeuszer Cold Storage Building, and Norman Antenna.

 

D-23

Adopted Resolution No. 018-03 approving the execution of a Pedestrian Facilities Agreement with IRET Properties, a North Dakota Limited Partnership, for Lot 1, Block 2, Trailridge at 41st by IRET.

D-24

Adopted Resolution No. 019-03 approving the execution of a Pedestrian Facilities Agreement with Todd and Jennifer Robertson for proposed Lot 1, Block 1, Garden Acres First Replat.

D-25

Adopted Resolution No. 020-03 approving the execution of a Pedestrian Facilities Agreement with Sinclair Marketing, Inc. and Sinclair Oil Corporation, Inc. for the NW1/4, NE1/4 Section 27, Township 107 North, Range 14 West.

D-26

See at the end of D Items.

Ayes (7), Nays (0). Motion carried.

D-8

Councilmember McConnell spoke to the 3% compensation increased proposed for the Mayor and Council. Mr. McConnell said that he is a taxpayer’s person but it is a very modest and sensible increase in marked contrast to another government.

Councilmember McConnell moved, Hanson seconded, to approve an increase of 3% in the elected officials’ compensation for 2003 and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.

D-9

Councilmember McConnell said that the revised proposed for mileage reimbursement is more in line with the Council’s needs even though the mileage will exceed out-of-pocket costs because of duties as Councilmembers.

Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 021-03 approving a per month mileage reimbursement increase for the Mayor and City Council for 2003 as follows: Council President - $140 per month, Councilmembers - $125 per month, Mayor - $160 per month. Ayes (7), Nays (0). Motion carried.

D-26

Councilmember Senjem asked why the significant increase in the liability coverage from AEGIS and the League of Minnesota Cities’ decreases their costs.

Larry Koshire, General Manager for Rochester Public Utilities, said that all of the terrorist attacks, natural disasters and other disasters have caused the insurance premiums to rise significantly but could not answer why the League insurance premiums have gone down. The League does not provide the type of coverage that AEGIS provides and the Public Utility needs.

Councilmembers Senjem moved, Stobaugh seconded, to adopt the following Public Utility Resolutions:

Resolution No. 022-03 approving an insurance agreement with Starr Technical Risks Agency, Inc. for All Risk Property Insurance for the period of December 31, 2002 to December 31, 2003 at a cost of $509,227.00.

Resolution No. 023-03 approving an insurance agreement with the League of Minnesota Cities Insurance Trust for Commercial Automobile and General Liability

Insurance for the period of December 31, 2002 to December 31, 2003 at a cost of $101,254.00.

Resolution No. 024-03 approving an insurance agreement with Associated Electric and Gas Insurance Services, Ltd. (AEGIS) For Excess General Liability Insurance for the period of December 31, 2002 to December 31, 2003 at a cost of $64,134.00.

Resolution No. 025-03 approving the 2003 RPU electric and water capital and operating budgets.

Ayes (7), Nays (0). Motion carried.

E-1

A Continued Hearing on Type III, Phase II Restrictive Development #02-54 Preliminary Plan by Paul Myhrom located at 2311 South Broadway.

Wishing to be heard was Frederick S. Suhler, Jr., 1530 Greenview Drive S.W., attorney representing Paul Myhrom. He said that at the time that the Planning Commission dealt with the issue, they probably did the right thing in denial of the request because there was not a definite set of plans to deal with. Now everyone is knowledgeable about what is proposed and the revised site plan has been presented. The revised site plan shows that the size of the building has been reduced to some degree, the square footage of the building is 16 percent smaller. The proposed building is only slightly larger than the house on the property which sits on almost an acre of land and is over 3000 square feet in size. The area where the building is proposed was formerly a roofing company building. There is only one house located next to the Myhrom property. Most of the housing was built when the roofing company was in business. Across the street is commercial property housing the Wal-Mart complex. Mr. Suhler said that Mr. Myhrom is now required to obtain a restrictive development permit which allows for certain mixtures of land uses which are not normally allowed in certain zoning areas. Mr. Suhler said that there are three areas of concern that need to be dealt with that relate to two things. First, the setback of the proposed building from the right-of-way. The plan is for a 20-foot setback and the Zoning Ordinance typically requires a 25-foot setback. The property rises very steeply from east to west; the hillside would have to be dug into if the building had to go back further. Second, under site design there is a discussion of parking that may be required in the right-of-way. Typically, abutting property owners have a right to use the right-of-way as long as it doesn’t interfere with the public’s use. The Planning Department says that a certain number of parking spaces must be provided for and the plan is a couple short. The problem can be solved if, in talking with the Public Works Department, the street can be used for parking if it doesn’t interfere with the public’s use. There is commercial development right across the street and only one other house on the block next to the applicant’s that faces the same direction, there should be nothing incompatible that allows this type of development. The property was a commercial use for years and did not stop anyone from building around and next to the property. Mr. Suhler said that this particular proposal is not something that poses a threat to the neighborhood. Mr. Myhrom has a timing concern; he needs to move his business. Mr. Suhler asked that the Council waive the requirement for the subsequent review process before the Planning Commission and the City Council.

Wishing to be heard was Paul Myhrom, owner of Honest Bike Shop, 2311 South Broadway. Mr. Myhrom said that they will be taking UPS and FedEx deliveries a couple of times each week. The large truck deliveries will only be once or twice per year. They will be maintained off-site. The truck can back in along the south side of the building. No truck will continue through the neighborhood but go directly south to Highway 63. Mr. Myhrom agreed to the requirements for signage, pop machines, and hours saying that the signage will be smaller than average, there will be no pop machines, the business will not open until 9:00 AM five days per week. They will be closed five weeks during the winter.

Wishing to be heard was Bob Riggs, 2307 TH63 South. Mr. Riggs lives next to Mr. Myhrom on the north. He said that a petition of 53 signatures of the neighbors opposing the business has been gotten. The snow removal on the property will be a problem. Currently, the snow is put on Mr. Riggs’ property by Mr. Myhrom. Mr. Riggs showed a picture of what the property looks like since 1997 when the roofing business was removed. The building housing the roofing company was significantly smaller than that proposed for the bike shop. The blacktop road in front of the property was not installed until 1997 and was not present when the roofing company was in operation. Mr. Riggs said that businesses tend to get robbed and those across the street have been robbed up to four times in the past ten years; the neighbors feel that Highway 63 is a good buffer for that sort of temptation. He said that under the current parking plan, if someone parked in the spot closest to the shop, they wouldn’t be able to make the turn to go straight onto the frontage road. Backing onto the frontage road is a dangerous situation. Mr. Riggs said that he has contacted the County Assessor’s Office which has told him that a business next to his home may pose a hardship at the time of sale.

Wishing to be heard was Melissa S. Uhlmann, 123 Meadow Run Drive S.W. The point was heard that there is commercial property across the street so why is this project a problem. This is my neighborhood. Highway 63 is a buffer between the commercial space and the neighborhood on the opposite side. Safety is a factor; since Wal-Mart has been active, there have been instances at her home with items stolen, peeping toms and ringing doorbells. If a commercial business is allowed in the neighborhood on our side of the road, there is temptation for another robbery. The 25th Street intersection is dangerous. People turn incorrectly at the median and further traffic can only cause more dangerous situations. The petition was presented to show the number of people objecting to the proposed operation. The property is zoned R-2 for a reason. Just because you can doesn’t mean you should allow for restrictive development.

Wishing to be heard was Anita Graham, 2319 Second Avenue S.W. She said that this is a matter of common sense. This is a 100 percent residential neighborhood and that a bike shop does not fit into the area. Highway 63 is indeed a buffer for the commercial district.

Wishing to be heard was Paul Myhrom, 2311 South Broadway, owner of Honest Bike Shop. Related to the idea of increased crime or robbery, Mr. Myhrom stated that he has never been robbed. He has been in business for 12 years next to a residential neighborhood with houses on both sides of the property. The building needs to be two stories. There are plenty of houses in the neighborhood that are two stories. It is not feasible to put a business down the street when the former bicycle shop couldn’t make the business work. He said that there has been only one accident on the broadway/25th Street/frontage road in the past five years.

Brent Svenby, Planning Department, said that the staff report was not in favor of the proposal so no conditions were imposed. If the Common Council votes in favor of the proposal, conditions would need to be placed on retail space, pedestrian facilities, parking, revocable permit issue and hours of operation. The curb cut issue has been dealt with by the Public Works staff as far as permitted access openings. The ordinance requires that all parking be on the lot. Without the granting of a revocable permit, the plan does not meet the standards of the ordinance. The setback does not meet the setback of the 25 feet required. Staff is still not in favor of the proposal.

Having no one further wishing to be heard, President Hunziker closed the hearing.

Councilmembers Marcoux moved, Hanson seconded, to deny the Restrictive Development #02-54 Preliminary Plan by Paul Myhrom and directing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order based on Criteria G that setback requirements have not been met, Criteria J does not meet the proposed parking layout of the zoning ordinance in the right-of-way and Criteria K where the expansion does not seem compatible with the existing neighborhood.

Ayes (4), Nays (3). Motion carried. Councilmembers McConnell and Senjem and President Hunziker voted nay.

E-2

A Hearing on Zoning District Amendment #02-13 by Kendal Group located east of North Broadway and south of Rocky Creek Drive NE and north and west of 26th Street NE.

Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond noted that this is the first time that he has seen the petition submitted by the neighbors in opposition to the Variance request. Mr. DuMond said that the applicant proposes to rezone the property from R-1 to R-1x to allow for townhomes. There is presently R-3 to the south, R-1x to the east and north, and B-4 to the west.

Wishing to be heard was Dr. Ray Kim, 2577 Northridge Lane N.E. Mr. Kim asked to if the entire area would be developed as an R-3 project rather than an R-1x.

Wishing to be heard was Robert Wenner, 828 26th Street N.E. Mr. Wenner was concerned with the access through the 26th Street cul-de-sac stating that it was not acceptable to the neighborhood. A significant number of townhomes on the hill having their access through the 26th Street cul-de-sac would impact that neighborhood significantly.

Having no one further wishing to be heard, President Hunziker closed the hearing.

Councilmembers Hanson moved, Norwicki seconded, to approve Zoning District Amendment #02-13 by Kendal Group and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.

E-3

A Hearing on General Development Plan #193 to be known as Rocky Creek Townhomes by Kendal Group and Variance #02-40 located east of North Broadway and south of Rocky Creek Drive NE and north and west of 26th Street NE.

Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. Mr. DuMond showed photos of the intended townhome units for the R-1x area as well as the R-3 area on the top of the hill. An apartment unit is proposed in the existing R-3 area. The Park Department has requested an area as well. He noted agreement with the six conditions. Mr. DuMond then spoke to the petition from the neighborhood. He said that the variance deals with distances between driveways onto the cul-de-sac. In a cul-de-sac a driveway can be a minimum every eight feet. Since this is a private road coming from the top of the hill onto the cul-de-sac, the Public Works Department has a more restrictive interpretation so 35 feet would be necessary. The existing access is located next to a private drive. A 20-foot private drive is proposed as the access. The main access will be to Rocky Creek Drive. Mr. DuMond said that it is typical that a private drive comes off of a cul-de-sac when there is a townhome development at the end of a private system. Although there may be some additional traffic, the access will not mean that property values will decrease. Ever since 26th Street was platted, there has been access to the property. In response to a concern that people would use the access on the cul-de-sac as a short cut to Century High School, Mr.DuMond indicated there might be a small amount, but most people who live in townhome units do not have children. The traffic pattern should be directed away from 26th Street with people using the Rocky Creek Drive to access their jobs, businesses, and shopping. Mr. DuMond addressed the concerns on the Substantial Land Alteration request. There are two small areas heading out to the Rocky Creek area. The road will be designed on existing standards that the City has for the steepness of the road. The disposal of the blue clay on the site is not atypical from other developments. We will keep as much of the material on site as possible. Mr. DuMond indicated that the Public Works Department demands strict compliance with the substantial land alteration issue. There will be approximately 100 units on the R-3 and 50 units on the R-1x developments.

Marcia Marcoux asked if the developer would be agreeable to adding a condition that Rocky Creek Drive would be the only access used for construction traffic. Mr. DuMond agreed with the condition being added. Mr. DuMond also stated that they will continue to look at the plan to make the more desirable access through Rocky Creek Drive for the residents.

Wishing to be heard was Robert Wenner, 828 26th Street N.E., representing the petitioners. He said that although Wade DuMond has answered the concerns expressed in the petition, it doesn’t alter their perception of a secondary access off the cul-de-sac will affect to their neighborhood. Over the past eight to nine years, Mr. Wenner said snow removal services have been difficult. He expressed the residents’ concern that because of slower snow removal on other private streets within the development, the traffic will use 26th Street. One of the main concerns of the residents was the safety concern with the access road converging in the cul-de-sac where numerous driveways are close to the access.

Wishing to be heard was Mildred Prince, 904 Northern Valley Drive N.E. Ms. Prince said that when their home was built it was with the understanding that the area would be residential. They were told that Rocky Creek Drive would be extended. Now they are faced with an access road coming into the 26th Street cul-de-sac. She asked when Northern Valley Drive would be extended. Doug Nelson, Public Works Department, responded that Northern Valley Drive and Rocky Creek Drive will be expanded during summer 2003.

Wishing to be heard was Wade DuMond, Yaggy-Colby. He confirmed that approximately 52 units would be in the apartment building closest to Broadway with all the traffic accessing Rocky Creek Drive. There will be approximately 100 townhome units in the remainder of the property in the R-1x and R-3 zoning on the top of the hill.

Wishing to be heard was Ken Miller, 4513 Milky Way Road, Waukesha, Wisconsin, property owner. He said that approximately 60 units will be in the area where Glendale II is shown on the map (R-1x) with the remainder in the other portion at the top of the hill.

Phil Wheeler, Planning Director, stated that when a development has greater than 500 trips a secondary access is needed because of safety reasons. The majority of trips will go to the north to Rocky Creek Drive. The east trips will be relatively minimal. Having a secondary access will be good in the event that something happens with the Rocky Creek Drive Access. He also noted that only six percent of school children live in townhome units. Mr. Wheeler stated that it will not be physically possible to put 60 units on the top of the hill with the required stormwater pond.

Wishing to be heard was Robert Wenner, 828 26th Street N.E., asking if having a single access would limit the number of units. He was told yes.

Wishing to be heard was Phil Kendal, 4513 Milky Way Road, Waukesha, Wisconsin. He stated that originally they started with a plan for 200 plus units on the property.

Wishing to be heard was Dr. Ray Kim, 2577 Northridge Lane N.E. He said it was his understanding that there were to be 5.5 units per acre, there are 10.6 acres on the R-1x, the pond will need to be deducted; how do you get 60 units out of 10 acres?

President Hunziker said that it is not possible to know exactly how many units could be put on the property until there is a site plan. The site plan will be a part of the preliminary plat that will come back to the Council.

 

Richard Freese, Public Works Director, reminded the Council that project staging has a lot to do with traffic patterns. If this project is developed from the north coming up the hill from Rocky Creek Drive then the 26th Street connection is last, not first. It will impact the travel patterns and the expectations people have for buying property up there, snow removal and other factors. Mr. Freese said that the Council may want to dictate to the developer that the staging come from the north with Rocky Creek Drive first and the connection to 26th Street last as a secondary access.

Wishing to be heard was Wade DuMond, Yaggy-Colby, agreeing to the additional condition that 26th Street is the last phase and the last thing constructed which would ensure that all construction traffic would come off Rocky Creek Drive.

Brent Svenby, Planning Department, reminded the Council that when a project contains 5.5 units per acre or less, it is approved by the Planning Staff. When a project contains 5.6 to 9 units per acre, the project becomes a Type II and has to be approved by the Planning Commission. When a project is above 9 units per acre it becomes a Type III and is approved by the Planning Commission and City Council. Therefore, the City Council would not be involved in the Preliminary Plat process.

Wishing to be heard was John Stadelman, 780 26th Street N.E. He asked if the Council has had a chance to look at the site plan? How can the Council make an intelligent decision if you don’t know what is in the background? He asked if it was a usual practice to have a street built from a cul-de-sac that will be used quite often? If you buy a home on a cul-de-sac, you expect to have a quiet street.

Phil Wheeler, Planning Director, said that wherever there is a cul-de-sac that provides access to a large parcel, there exists the possibility of a secondary access. Oak Cliff and Hiawatha Court are two examples.

Having no one further wishing to be heard, President Hunziker closed the hearing.

Councilmember Marcoux asked that three additional conditions be added: #7 – Rocky Creek Drive to be used for construction traffic, #8 – staging would begin to the north on Rocky Creek Drive with the final construction being 26th Street, and #9 – that the General Development Plan for this project be approved by the Council.

Wishing to be heard was Robert Gill, 800 26th Street N.E. Mr. Gill asked the Council to approve the General Development Plan and continue the hearing on the variance question.

Wishing to be heard was Wade DuMond, Yaggy-Colby, agreeing to continue the hearing on the variance and passing the General Development Plan.

Councilmembers Hanson moved, Marcoux seconded, to approve General Development Plan #193 to be known as Rocky Creek Townhomes by Kendal Group with conditions #7 and #8 added and continue the hearing on Variance #02-40 to the January 22, 2003, meeting, and adopt Resolution No. 026-03 approving the Substantial Land Alteration. Ayes (7), Nays (0). Motion carried.

E-4

A Hearing on Final Plat #02-61 to be known as Garden Acres First Replat by Todd Robertson located along the east side of South Broadway, along the west side of Third Avenue SE and south of 21st Street SE.

Having no one wishing to be heard, President Hunziker closed the hearing.

Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 027-03 approving Final Plat #02-61 to be known as Garden Acres First Replat with five conditions. Ayes (7), Nays (0). Motion carried.

E-5

A Hearing on Final Plat #02-63 to be known as 19th Street Business Park by 19th Street Business Park, LLC located along the south side of 19th Street NW, east of West Circle Drive and west of the Rochester Athletic Club.

Having no one wishing to be heard, President Hunziker closed the hearing.

Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 028-03 approving Final Plat #02-63 to be known as 19th Street Business Park by 19th Street Business Park, LLC with one condition. Ayes (7), Nays (0). Motion carried.

E-6

A Hearing on Vacation Petition #02-19, by Darwin Friedrich to vacate ten feet of a utility easement located along the south side of 43rd Street NW, west of 18th Avenue NW and east of 42nd Street NW.

Wishing to be heard was Darwin Friedrich, 2315 75th Street N.W. Mr. Friedrich was available for questions.

Having no one further wishing to be heard, President Hunziker closed the hearing.

Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 029-03 approving Vacation Petition #02-19, by Darwin Friedrich. Ayes (7), Nays (0). Motion carried.

E-7

A Hearing on Annexation Petition #02-24 by Bamber Valley Development, LLC located along the north side of Salem Road SW and along the east side of Westhill Drive SW.

Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She was available for questions.

Having no one further wishing to be heard, President Hunziker closed the hearing.

Councilmembers Senjem moved, Nowicki seconded, to approve Annexation Petition #02-24 by Bamber Valley Development, LLC and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.

 

 

E-8

A Hearing to Consider the Making of Local Improvement Project No. 6215-3-02 (J-7218) "Curb, Gutter & Overlay on 15th Street SE from 6th Avenue to 10th Avenue SE".

Having no one wishing to be heard, President Hunziker closed the hearing.

Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 030-03 approving Local Improvement Project No. 6215-3-02 (J-7218) "Curb, Gutter & Overlay on 15th Street SE from 6th Avenue to 10th Avenue SE". Ayes (7), Nays (0). Motion carried.

E-9

A Hearing to Consider the Proposed Assessment for Project No. 6215-3-02 (J-7218) "Curb, Gutter & Overlay on 15th Street SE from 6th Avenue to 10th Avenue SE".

Having no one wishing to be heard, President Hunziker closed the hearing.

Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 031-03 approving the Proposed Assessment for Project No. 6215-3-02 (J-7218) "Curb, Gutter & Overlay on 15th Street SE from 6th Avenue to 10th Avenue SE". Ayes (7), Nays (0). Motion carried.

G-2a

An Ordinance Amending the Provisions of Ordinance No. 3515 Which Provided for the Rezoning of Approximately 15.31 Acres of Land From the R-1 Zoning District to the B-4 Zoning District, was given a first reading.

G-2b

An Ordinance Establishing the Salaries of the Mayor, Councilmember-At-Large, and Councilmember for 2003, was given a first reading.

G-2c

An Ordinance Rezoning Certain Property From the R-1 Zoning District to the R-1x Zoning 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. (Zoning District Amendment #02-13 – East of North Broadway, South of Rocky Creek Drive NE, North and West of 26th Street NE)

G-2d

An Ordinance Annexing to the City of Rochester Approximately 59.13 Acres of Land Located in a Part of the East Half of Section 8, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Annexation Petition #02-24 – North side of Salem Road, East side of Westhill Drive SW)

G-3a

An Ordinance Rezoning Certain Property From the R-1 Zoning District to the R-2 Zoning Districts 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, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of East Circle Drive; South of Viola Road NE, South side of the access roadway into the Century Hills Development – Zoning District Amendment #02-12)

 

I-1

Councilmembers Hanson moved, Nowicki seconded, to adopt Resolution No. 032-03 appointing David Benda to fill the position of Sixth Ward Councilmember on an interim basis until the results of the General Election are certified. Discussion.

Councilmembers were unanimous in their support of an individual who is not intending to file for the Sixth Ward Councilmember position. Councilmember Marcoux noted that when she was appointed by the Council to the Second Ward, it became very difficult and time consuming to continue business as a Councilmember and at the same time campaign for office.

Ayes (7), Nays (0). Motion carried.

J-1

Having no further business, Councilmembers Senjem moved, Hanson seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.

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City Clerk