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Home My WebLink About2000 MinutesRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5760 Annual Meeting No. 1 — January 3, 2000 Agenda Item No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. President John Hunziker gave the following Address to the City: 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. I found myself both reflective and thankful as I prepared for tonight's address. On behalf of all of us at this table, I want to thank the staff and all the citizens of Rochester that worked so hard to prepare the community for the Y2K concerns. To the best of my knowledge, the community came into the new year with no problems. I believe this to be because of the thought and foresight of everyone involved. Throughout the last five years the City has experienced and dealt with a wide range of issues: a new animal shelter, creation of new jobs, citizens and police working together to combat crime and violence to make Rochester a safe community, neighborhood organizations, providing youth activities such as the Skate Park at the Olmsted County Fairgrounds, the Soldiers Field Bath House, a new high school and our ongoing quest for post -secondary education, the needs of people in health, education, recreation, and housing, barriers to minority groups involvement in City employment, manufactured homes, revisions to the subdivision ordinance, orderly growth and extension of City services, a human rights ordinance, highway 52, transportation and airport issues, negotiation a new cable TV franchise, and cleanup of the old landfill site to name a few. To deal with the wide range of issues I just alluded to, the City along with the County, School District, the Chamber of Commerce, and a large number of involved citizens organized three groups to give us their thoughts, advice and direction. Children First Olmsted County, the Infrastructure Task Force, and the 21st Century Partnership. The ideas put forth by these groups and acted upon by the Council have made Rochester a place where people like to live and do business. Looking back, I believe that we have made good, well thought out decisions that have benefited the people we serve. We have a dynamic community that offers much to its people. We have low unemployment, a growing commercial and industrial base, strong interest in downtown development, and a vibrant overall economy. This past year the City has focused much effort on affordable housing. We have provided TIF assistance to 398 units and bonding assistance to 613 units. Our sales tax -funded water quality program has received petitions covering 1,116 existing developed lots in Marion and Rochester Townships that will provide significant assistance to the homeowners and protect the quality of the community's drinking water supply. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5761 Agenda Item We completed the re -franchising of cable TV to a state-of-the-art system including high speed data access. We also secured additional institutional network and public access system benefits for the School District, County, City and University Center. The relocation of Fire Station #4 to 415t Street N.W. was completed. The base work for the airport runway extension is ready to be paved this year. The new Soldiers Field Bath House was opened to the public and was used beyond anyone's expectations. Nearly 400 million dollars in new construction, 645 single-family units, 459 multi- family units, and several large commercial/industrial projects were processed and work begun. Finally, the Law Enforcement Center's dispatch and record keeping systems were brought on line. The first thing I believe we should do this year is to have a strategic planning session with the Council and department heads. All that the community is currently involved in will take thought and planning on all our parts to do well. We have gone from a time of declining revenues and needing to encourage economic development to, as the paper stated, "being overwhelmed by it". The 21st Century Partnership Task Force reports are done and work has begun on implementing the ideas. I believe that the groups involved in setting up the process should have a person whose job it is to see the implementation to fulfillment. I do not want to see the ideas that came forth slide to the back burner because people are so busy with things that come up day-to-day. I will be working with the City, County, School District, Mayo Clinic and the Chamber of Commerce to jointly fund this position for the next one to two years to see this project to completion. As the City grows, we need to acquire a future relocation site for Fire Station #3, 2nd Street S.W. and a possible site for a new Fire Station #5 in the southern part of town. Hopefully, we will commence construction on the expansion of the Civic Center and begin construction on the Regional Recreational Sports Center at the University Center Rochester to the benefit of the students and the community. We hope to begin the Cascade Lake planning and development. We are waiting to hear about funding for eight additional police officers. Hopefully the Times Square development issues will be resolved within the next three months. The Council will continue to strongly represent the City's interest in mitigating the harm to the community that could be caused by the increased train traffic proposed by the DM&E Coal Train Project. City representatives have met and will continue to meet with the DM&E to find a way to keep millions of tons of coal and the trains that will carry it from destroying the lifestyle of Rochester for the 85,000 people we represent. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5762 Annual Meeting No. 1 — January 3, 2000 Agenda Item D-2a-d D-3 Affordable housing continues to be a high priority for the City Council. I want to take a moment to publicly thank the Mayo Foundation and the Rochester Area Foundation for initiating the First Homes Program whose aim is to produce 875 homes and townhomes. While this is an excellent beginning, it is clear that we will have a continued need for housing that meets the needs of all income levels. We will continue to work towards making Rochester a welcoming community that acknowledges the good that comes from a diverse community made up of many cultures and lifestyles. We will continue to advocate for higher education opportunities through GRAUC as a way to train or retrain our workforce and offer life-long educational opportunities for the regional community. Lastly, Holmes and Hawthorne schools have served our community for over 60 years. It is time to build a new grade school in southeast Rochester that offers all the benefits and new technology that is available in grade schools in the other three quadrants of town. It is my hope that the whole community of Rochester will support a new grade school the way we all supported Century High School. These children are our future. wish to express my thanks and appreciation to the Mayor and Councilmembers 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. Councilmembers Hanson moved, Senjem seconded, to adopt the following organizational business resolutions: Resolution No. 001-00 adopting Roberts Rules of Order for the conduct of business by the Council. Resolution No. 002-00 adopting the Rules and Regulations for Order of Business of the Council. Resolution No. 003-00 establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Resolution No. 004-00 establishing an order of succession to discharge the duties of the Councilmember-At-Large in the event of his absence or disability. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to approve the following appointment to committees by President Hunziker. 1 7 LI RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5763 Agenda Item ME ROCOG BD OF EQUALIZATION STRATEGIC Mayor Canfield Evans, Chair Marcoux Hanson McConnell Stobaugh Marcoux Stobaugh McConnell McConnell Senjem RAEDI CONVENTION BUREAU PASC Marcoux Hunziker Stobaugh Hunziker Senjem Evans HRA RPU AIRPORT COMMISSIO Evans Hunziker Hunziker PERSONNELADV COMMITTEE DOWNTOWN DEVELOP YOUTH COMMISSION Stobaugh, Chair Senjem Hanson Marcoux Hanson Hanson JOINT EMERGENCY ENVIRONMENTAL MANAGEMENT Senjem Evans McConnell Ayes (7), Nays (0). Motion carried. Mayor Chuck Canfield gave the following State of the City Address: STATE OF THE CITY MESSAGE JANUARY 3, 2000 THE CITY OF ROCHESTER ENTERS THE NEW MILLENNIUM LIKE A GREAT SHIP UNDER FULL SAIL. WE HAVE BEEN BLESSED BY THE HEALTHIEST ECONOMY IN THIS COMMUNITY'S HISTORY. OUR VALUE OF BUILDING PERMITS REACHED 386 MILLION DOLLARS, WHICH IS 50% ABOVE THE PREVIOUS RECORD. OTHER RECORD BREAKING NUMBERS INCLUDE 645 NEW SINGLE FAMILY HOMES AT 138 THOUSAND EACH, (THIS FIGURE DOES NOT INCLUDE THE VALUE OF LAND OR LANDSCAPING) AND A RECORD 483 MULTI FAMILY UNITS. PRIVATE BUILDERS HAVE RESPONDED TO OUR HOUSING NEEDS AND THEIR EFFORTS HAVE BEEN FACILITATED BY THIS COMMUNITY. THE CITY HAS PROVIDED ASSISTANCE FOR A THOUSAND ADDITIONAL AFFORDABLE HOUSING UNITS. THE MAYO FOUNDATION AND THE ROCHESTER AREA FOUNDATION HAVE RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5764 Annual Meeting No. 1 — January 3, 2000 Agenda Item DEVELOPED 13 MILLION DOLLARS OF SUPPORT AS WE ALL ASSIST THE FIRST HOMES PROJECT TO PROVIDE AFFORDABLE HOUSING IN ROCHESTER. ROCHESTER IS NOT RANKED AS "THE BEST PLACE TO LIVE IN AMERICA" BECAUSE IT HAS NO PROBLEMS, BUT BECAUSE WE FACE AND BATTLE AND FIND A CURE FOR OUR PROBLEMS. WHETHER IT IS FLOOD OR RAILROADS OR RACISM OR A HOUSING CRUNCH — ROCHESTER WILL "TAKE IT ON" AND CREATE A SOLUTION. THIS YEAR WE MUST HAVE A PLAN IN PLACE TO SOLVE OUR COMMUNITY'S THREE GREATEST CHALLENGES. 1. TO REBUILD HIGHWAY 52 THROUGH ROCHESTER BY 2006 2. TO FIND A SOLUTION TO OUR STRUGGLE WITH THE DM & E RAILROAD THAT WILL LEAVE THE SAFETY AND QUALITY OF LIFE OF THIS CITY INTACT. 3. TO COMPLETE A PLAN FOR "SMART GROWTH" WITH OLMSTED COUNTY TO AVOID SPRAWL THAT WASTES OUR TAX MONEY AND ENDANGERS THE WATER SUPPLY OF THIS AREA. THE 20 MILLION DOLLARS THAT OUR CITY IS SPENDING TO PROTECT OUR WATER RECHARGE AREAS MUST BE A PERMANENT FIX. THIS COMING YEAR WILL SEE CONTINUING GROWTH AT THE AIRPORT WITH A COMPLETE RENOVATION OF OUR 40 YEAR OLD TERMINAL AND CONTINUING EXPANSION OF AIR FREIGHT FACILITIES. WE WILL ALSO BUILD AN EXHIBIT HALL AT THE CIVIC CENTER AND A COMMUNITY SPORT COMPLEX AT OUR UNIVERSITY CENTER. WE WILL MAKE PROGRESS ON OUR CASCADE LAKE PARK DEVELOPMENT AND RESOLVE THE TIME SQUARE DEVELOPMENT AND THE CONTINUING GROWTH OF OUR DOWNTOWN COMMERCIAL CENTER. ROCHESTER IS COMPLETING AN UPGRADE OF ITS HIGH SPEED DATA ACCESS SYSTEMS WITH THE HELP OF OUR NEW CABLE FRANCHISEE. WE INTEND TO KEEP ROCHESTER THE BEST CONNECTED CITY IN THE MIDWEST. I WILL SPEND THIS NEXT YEAR AS I DID THE LAST WITH A PRIMARY FOCUS ON GOOD PLACES FOR KIDS AFTER SCHOOL AND IN BUILDING STRONGER NEIGHBORHOOD ORGANIZATIONS. WE NOW HAVE A BOYS AND GIRLS CLUB IN ROCHESTER AT 1032 15T" AVENUE SE. THIS IS A FIRST STEP IN BUILDING A REAL COMMUNITY CENTER FOR OUR KIDS. THE DIRECTOR IS TRACY PEDERSON, AND SHE WILL DO A GREAT JOB FOR US. THE NUMBER OF NEIGHBORHOOD ORGANIZATIONS CONTINUES TO EXPAND UNDER THE LEADERSHIP OF JERRY DOOLEY AND BOB NOWICKI AND WITH GREAT COOPERATION FROM POLICE CHIEF ROGER PETERSON 1 �l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5765 Agenda Item D-5 C-1 C-2 I C-3 D-6- 16, 1 34 W. D-7 AND HIS STAFF. ALMOST A THIRD OF OUR POLICE FORCE IS INVOLVED IN NEIGHBORHOOD ACTIVITIES. CRIME IS DOWN AND THE PEOPLE ARE IN CONTROL OF THEIR URBAN ENVIRONMENT. IF YOU NEED INFORMATION ABOUT HOW YOU CAN HELP YOUR NEIGHBORHOOD TO BE A SAFER AND MORE PLEASANT PLACE, PLEASE CALL THE MAYOR'S OFFICE AND WE WILL GIVE YOU TERRIFIC SUPPORT. I LOOK FORWARD TO ANOTHER GREAT YEAR FOR OUR CITY. IT IS THE 84,000 PEOPLE OF ROCHESTER WHO HAVE MADE THIS A SPECIAL PLACE WITH AN EXCITING FUTURE. YOU SUPPORT EACH OTHER AND SHOW THAT YOU LOVE THIS COMMUNITY. IT IS A GREAT HONOR AND GREAT PLEASURE FOR ME TO SERVE YOU. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 005-00 designating the Rochester Post Bulletin as the official newspaper for the year commencing January 3, 2000. Ayes (7), Nays (0). Motion carried. The Paws and Claws Humane Society requested that their item be pulled from the agenda to be scheduled at a later date. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 006-00 referring the petition from Western Walls, Inc. to the Public Works Department for a feasibility study and setting an improvement hearing and assessment hearing for February 23, 2000 for Project No. "Extension of Sanitary Sewer, Water, Storm sewer and Street in Designated Areas of Rose Harbor First and Fourth Subdivisions and Rose Harbor Estates". Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 007-00 referring the petition from Western Walls, Inc. to the Public Works Department for a feasibility study for Extension of Sanitary Sewer from Second Street N.W. to Cascade Commons. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to approve the following consent agenda items. No minutes were available. Approved the appropriation of $86,232 from the 2000 Contingency Account to fund the City's share of the Wilbur Smith and Associates consultant expenses for the development of a traffic simulation model to analyze the impact of the proposed DM&E coal trains on the City's street crossings. D-8 Approved the transfer of $12,870 from the 2000 Contingency Account to fund to fund legislative services for DM&E Mitigation Funding request. M Adopted Resolution No. 008-00 entering into a Professional Services Agreement for licensed Asbestos Project Designers at McGhie & Betts for asbestos removal at the Rochester International Airport Terminal Building, Project No. 6942. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5766 Annual Meeting No. 1 —January 3, 2000 Agenda Item D-10 D-11 D-12 D-13 D-14 Adopted Resolution No. 009-00 authorizing the City Clerk to advertise for bids for Project No. J-6942 "Terminal Building Canopy and Interior Improvements" at the Rochester International Airport. Adopted the following Public Utility resolutions: Resolution No. 010-00 entering into a contract with Hathaway Tree Service for tree trimming for years 2000 and 2001 at a cost not to exceed $299,720.00. Resolution No. 011-00 entering into a contract with Hathaway Tree Service for lu sum line clearance tree trimming at a cost not to exceed $38,647.00. Resolution No. 012-00 approving an insurance agreement with Hartford Steam Boiler Company for all risk property insurance for the period of December 31, 1999 through December 31, 2000 at a cost of $150,560.00. Resolution No. 013-00 approving an insurance agreement with the League of Minnesota Cities for commercial automobile and general liability insurance for the period of December 31, 1999 through December 31, 2000 at a cost of $98,23.00. Resolution No. 014-00 approving an insurance agreement with Associated Electric & Gas Insurance Services, Ltd. (AEGIS) for furnishing excess general liability insurance for the period of December 31, 1999 through December 31, 2000 at a cost of $45,792.00. Approved the following licenses and miscellaneous activities: Gamblina — Renewal Premise Permit Moose Lodge #2128, Rochester Gambling —Temporary Church of St. Francis of Assisi — Raffle — May 5, 2000 Heating Contractors Commercial Plumbing & Heating, Blaine Master Installer Timothy Peterson, Mora Approved the transfer of the Off -Sale Intoxicating Liquor License from Michael Ketchum to Barbara Kellner for the Northbrook Liquor Store located at 1635 North Broadway. Approved Accounts Payable in the amount of $1,777,020.53. D-15 Adopted Resolution No. 015-00 authorizing letters of engagement with Smith, Schafer and Associates, Ltd. to audit the City's general purpose financial statements, the public utility's statements and the City's Urban Mass Transportation 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5767 1 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 program for the fiscal year ending December 31, 1999. Approved the following resolutions dealing with banking items: Resolution Nos. 016-00 and 017-00 designating US (formerly First) Bank of Rochester, the Wells Fargo (formerly Norwest) Bank of Rochester, the Marquette Bank and Trust Company of Rochester and the Rochester Bank and Trust Company as depositories of the public funds of the City of Rochester, Minnesota; and while not depositories, the city maintains accounts with Merrill Lynch, Pierce, Fenner and Smith, Ltd Inc., Dain Rauscher, Inc., Miller and Schroeder Financial Inc., Wells Fargo Investment Services, Inc., U.S. Bank Piper Jaffrey and Hopwood, Morgan Stanley Dean Witter, Inc., and Miller, Johnson, and Kuehn, Inc. for the purpose of investing in direct U.S. Government obligations or Federal Agency issues, commercial paper, banker acceptance, and repurchase agreements or other investments authorized by the City's investment policy. Resolution No. 018-00 authorizing facsimile signature and endorsement of Certificates of Deposits. Resolution Nos. 019-00, 020-00 and 021-00 pledging sufficient securities as collateral in lieu of a depository bond by Wells Fargo Bank of Rochester, US Bank of Rochester, and the Marquette Bank & Trust Company, Rochester, Minnesota, to meet the security requirements of Minnesota statutes. See at end of D Items. Adopted Resolution No. 022-00 approving the new position of Administrative Service Manager in the Fire Department to replace Assistant Fire — Support Services Chief Stutz. Adopted Resolution No. 023-00 granting wage increases and eligibility to enroll in long term disability coverage at employee's expenses to the non bargaining unit employees effective January 1, 2000, for the year 2000. Adopted Resolution No. 024-00 approving the Labor Agreement for 2000 and 2001 for the Rochester Professional Employees Association (RPEA). Acknowledged the appointment of Officer Mark Wood to the position of Police Sergeant effective January 1, 2000. Approved the appointment of Firefighters Thomas Hanson effective January 11, 2000, Eric Kerska effective January 5, 2000, and Motor Operator William MacMonegle to the position of Fire Captain effective January 5, 2000. D-23 Approved the appointment of Firefighter Dan Head to the position of Motor Operator effective January 11, 2000. D-24 Approved the appointment of Firefighter Thomas Krueger to the position of Fire Captain/Operations effective January 8, 2000, to replace Fire Captain Ken Middendorf who is being reassigned to the Fire Captain/Training position. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5768 Annual Meeting No. 1 —January 3, 2000 Agenda Item D-25 D-26 D-27 F D-29 D-30 D-31 D-32 D-33 D-34 D-17 Approved the correction to the appointment of Richard Landwehr to the Public Utility Board for a four-year term ending January 2004. Adopted Resolution No. 025-00 approving the Rochester Marketplace Traffic Impact Report and the execution of a Development Agreement with Ryan Companies, Inc. for the Rochester Marketplace Project. Adopted Resolution No. 026-00 authorizing the City Attorney to amend the previously prepared revocable permit with Fred Schmidt/Emerald Hills Sanitary Sewer Lift Station to allow the construction of a private sanitary sewer lift station on City Owned Land. Adopted Resolution No. 027-00 establishing the sanitary sewer and watermain connection charge rates of $66.61 per foot, entering into assessment agreements and levying the proposed assessments for Project No. 6225-3-97 (J-9464) "Extension of Sanitary Sewer and Watermain in 25th Street S.W. from Meadow Hills Drive S.W. to the West". Adopted Resolution No. 028-00 establishing the sanitary sewer and watermain connection charge rates of $30.42 per foot and a service connection rate $2,115.30 per service for Project No. 6219-4-94 (J-9310) "Reconstruct 191h Street N.W. from 32"d Avenue N.W. to West Circle Drive N.W.". Adopted Resolution No. 029-00 establishing the watermain connection charge rate of $31.75± per foot, entering into assessment agreements and levying the proposed assessments for Project No. 6310-3-98 (J-9482) "Extension of Watermain in 101h Avenue S.W. in Airport Industrial Park". Adopted Resolution No. 030-00 deleting Paragraph to (222.45) of Section B "No Parking Zones" on 18th Street S.E. from Broadway to 2"d Avenue. Adopted Resolution No. 031-00 approving Change Order #1 for City Project No. 8215-27-99 (J-2580) "1999 Restoration #3 of The First Street Ramp". Adopted Resolution No. 032-00 approving Change Order #1 for City Project No. 9951 (J-6398) "Traffic Signal Installation at South Broadway and 25th Street S.E.". Adopted Resolution No. 033-00 approving the Street Light Police for Large Lot Subdivisions. Ayes (7), Nays (0). Motion carried. Terry Adkins, City Attorney, asked that the job description for the position of Administrative Services Manager in the Police a amended by removing the preference for a person with a law degree. He stated that the City Attorney is the chief legal counsel for the City of Rochester and the potential that a lawyer other than the City's chief legal counsel may give legal information to City departments may seriously jeopardize the City Attorney's ability to do his or her job. Although 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5769 0 Agenda Item E-1 E-2 E-3 E-4 this job description preference for a lawyer is harmless on the surface, it is a significant departure from the current practice giving the City Attorney exclusive authority over legal matters. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 034-00 approving the new position of Administrative Services Manager in the Police Department to replace one of the Deputy Police chief positions and removing the preference for persons with law degrees in the job description. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision located south of Country Club Road and east and north of Wimbledon Hills Drive S.W. Staff has recommended that the item be continued to January 19, 2000, to resolve issues related to the stormwater detention pond. No one wished to be heard at this time. Councilmembers Hanson moved, Stobaugh seconded, to continue the hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision to January 19, 2000. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #99-38 to be known as Rochester Marketplace Subdivision. Wishing to be heard was John Dietrich, RLK Kuusisto, Ltd., 6110 Blue Circle Drive, Minnetonka. Mr. Dietrich represented the applicant and was available to answer any questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 035 00 approving Final Plat #99-38 to be known as Rochester Marketplace Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on the Local Law Enforcement Block Grant. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 036-00 approving the Local Law Enforcement Block Grant from the Department of Justice. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-51 to be known as Shorewood Retail Replat, north of Country Road 34, east of 23rd Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5770 Annual Meeting No. 1 — January 3, 2000 Agenda Item E-5 E-6 E-7 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 037• approving Final Plat #99-51 to be known as Shorewood Retail Replat with one condition. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember Senj voted to abstain noting a conflict of interest. A Hearing on Type III, Phase II Land Subdivision Permit #99-47 by Younge Development to be known as Eagle Ridge Fourth Subdivision, west of Highland Court S.W., south of Country Club Road and south of Eagle Lane S.W. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicant. Mr. Borcherding was in agreement with the additional condition proposed by the Public Works Department requiring the applicant to make a contribution to the City to cover a portion of the cost to widen Fourth Street S.W. from the east line of the plat to Highland Court. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Land Subdivision Permit #99-47 by Younge Development to be known as Eagle Ridge Fourth Subdivision with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Planned Unit Development Amendment #99-8 to allow for an addition onto Renning's Flowers, north side of Elton Hills Drive, west of Viking D N.W. Wishing to be heard was Jose Rivas, Yaggy Colby, representing the applicant and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 038-00 approving Planned Unit Development Amendment #99-8 for Renning's Flowers with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 9714-99 (J- 9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 039-00 ordering Project No. 9714-99 (J-9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2000 5 771 Agenda Item F-1 G-2a G-3a G-3b Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E." to be made. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No 040- 00 authorizing staff to complete negotiations on 17.0 acres of parkland property for $100,000.00 from George and Phoebe Fenske. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivision 2 of Section 141.23 of the Rochester Code of Ordinances, Relating to the City Administrator's Authority to Permit Early Refuse Collection, was given a first reading. An Ordinance Amending and Reenacting Section 54.02 of the Rochester Code of Ordinances, Relating to Licenses Fees For Contractors and Master Installers Licenses, was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 10.84 Acres of Land Located in Rose Harbor Subdivisions Two, Three and Four, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Eastwood Road, North of 15`h Street — Rose Harbor) Having no further business, Councilmembers Senjem moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5772 Regular Adjourned Meeting No. 2—January 19, 2000 Agenda Item A-1 f-w C-1-11 Wishing to be heard was John C. Magnotto, 717 Ninth Street S.W. Mr. Magnotto purchased his property on March 21, 1998, and contacted Public Works about the hookup of City services. He was informed that no services were available at that time; he then ran numerous tests on the water and sewer on his property. Mr. Magnotto He indicated that he has since connected to the City water and sewer, but feels that the connection charges are not equitable with those proposed for his neighbors. Mr. Magnotto asked that the water services be turned on so that his boiler system can be tested, equity be established for charges for services equal to adjacent properties, and deduct expenses incurred by himself prior to connecting to the City water and sewer. The Council told Mr. Magnotto that the City Administrator would look into the matter. 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, David Senjem, Walter Stobaugh. Absent: Jean McConnell. Councilmembers Stobaugh moved, Hanson seconded, to adopt the following resolutions referring petitions to the Public Works Department for feasibility studies. Resolution No. 041-00 referring the petition for Extension of Water and Sewer to Serve the Badger Parcel at the intersection of West Circle Drive and Valleyhigh Resolution No. 042-00 referring the petition for Curb & Gutter and Overlay on Eighth Avenue S.E. from 16th Street to 20th Street S.E. Resolution No. 043-00 referring the petition for Curb & Gutter and Overlay on 15th Street N.W. from Valleyhigh Drive to Street End Resolution No. 044-00 referring the petition for Curb & Gutter and Overlay on Northern Heights Drive to 22"d Street N.E. to Street End Resolution No. 045-00 referring the petition for Curb & Gutter and Overlay on Seventh Street S.W. Between 14th and 15th Avenue S.W. Resolution No. 046-00 referring the petition for Curb & Gutter and Overlay on 181h Street S.E. from Ninth Avenue to Tenth Avenue S.E. Resolution No. 047-00 referring the petition for Curb & Gutter, Storm Sewer and Overlay on 16 %2 Street S.E. from Ninth Avenue to Tenth Avenue S.E. Resolution No. 048-00 referring the petition for Curb & Gutter and Overlay on Sixth Avenue S.E. from 16 %2 Street S.E. to Street End Resolution No. 049-00 referring the petition for Curb & Gutter and Overlay on Tenth Avenue S.E. from 16 %2 Street to 19t Street S.E. Resolution No.050-00 referring the petition for Curb & Gutter and Overlay on Northern Hills Drive South cul-de-sac of Northern Hills Court 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2—January 19, 2000 5773 1 Agenda Item Resolution No. 051-00 referring the petition for Curb & Gutter and Overlay on 20th Street N.W. from Valkyrie Drive to 13th Avenue N.W. Ayes (6), Nays (0). Motion carried. D-1 -3C Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items: D-1 Approved the minutes of the December 20, 1999, and January 3, 2000, meetings. D-2 Approved a study and recommendations by the Planning Department relating to land use for the Arboretum GDP commercial area lying north of 41st Street N.W., east of Arboretum Drive N.W. and south of the single family homes along the southern portion of the Arboretum. D-3 Adopted Resolution No. 052-00 authorizing a public hearing to be held on February 7, 2000 to consider the issuance of up to $7,500,000 in housing revenue bonds for the Weatherstone Townhomes Project. D-4 Adopted Resolution No. 053-00 approving the amended start and completion dates for the Bear Creek Apartment Project and authorize the Mayor and City Clerk to sign the required agreements. D-5 Approved the following licenses and miscellaneous activities: On -Sale 3.2 Beer — Temporary St. Pius X Catholic Church — Polka Mass & Dance — February 5, 2000 Dance — Temporary St. Pius X Catholic Church — Polka Mass & Dance — February 5, 2000 Gambling — Temporary Ben Franklin PTSA — Bingo Fundraiser — January 28, 2000 (request waiver of 30-day period) John Marshall Senior Class Party — Raffle Harriet Bishop PTSA - and Bingo — February 25, 2000 Church of the Resurrection — Raffle — March 5,2000 Gambling — Premise Permit Renewals (3/31/00 to 3/31/02 Community Charities of Minnesota (formerly Celebrity Bowl Charities) at Recreation Lanes, Colonial Lanes and JJ's Restaurant and Lounge D-6 Approved the 3.2% Beer Off -Sale license for Econofood Store at 3470 55th Street N.W. D-7 Approved the transfer of the On -Sale 3.2% Beer license from Sunnareth Khourn to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5774 Regular Adjourned Meeting No. 2—January 19, 2000 Agenda Item D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 Tith Joeun for Combo Cuisine, 1123 Civic Center Drive N.W. Approved the amendment to RCO 125A.21 subd. 2 ( c ) allowing for the sale of on - sale intoxicating liquor after 8:00 P.M. on December 24th and instructed the City Attorney to prepare the required ordinance for adoption. Approved Accounts Payable in the amount of $1,289, 512.69. Adopted Resolution No. 054-00 closing completed improvement projects and transferring unexpended balances pursuant to City Charter, Section 11.10. Approved the amendment to RCO Section 17.01 to include job titles Administrative Services Manager and Fire Protection Specialist and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 055-00 approving the Meet and Confer Agreement for years 2000-2002 for the Parking Control Officers. Approved the appointment of Maggie Brimijoin, Paul Barton and Ed Haskell to second three-year terms to expire January 2003 to the Library Board. Adopted Resolution No. 056-00 authorizing the Mayor and City Clerk to enter into a lease agreement for digital recording equipment in the Police Department. Adopted Resolution No.057-00 acknowledging the City's support, sponsorship and priority of the STIP highway projects and authorize an TRLF loan application for $5,000,000 for years 2000-2005 MSA Street projects. Adopted Resolution No. 058-00 entering into a professional services agreement with RLK Kuusisto, Ltd. for the design of traffic control signals at the intersection of 41 st Street N.W. and the TH 52 West Frontage Road and at 41 st Street and 31 st Avenue N.W. for an amount not to exceed $27,500. Adopted Resolution No. 059-00 entering into a professional services agreement with Yaggy Colby Associates to revise the Official Street Map No. 12 to be consistent with the preferred TH63/North Willow Creek Study Area alternative layout for a lump sum amount of $6,500.00. Approved the name of street designation within North Park Ninth Subdivision from 61st Street N.W. to Savannah Drive N.W. and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 060-00 accepting the feasibility study and ordering Project No. M-025 (J-9655) "High Level Watermain Extension From Orchard Ridge to Highway 52" to be made and authorize staff to retain professional consultants for design and acquire land rights as needed. D-20 I Adopted Resolution No. 061-00 authorizing staff to complete the acquisition of a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 19, 2000 5775 1 Agenda Item portion of the Towey property in the amount of $22,633.65 needed for the 60th Street S.W. project. D-21 Adopted Resolution No. 062-00 approving a revocable permit to McLeod USA to allow the placement of a telecommunications line on City lands abutting Lot 1 and Lot 4, Block 1 South Zumbro Plaza. D-22 Adopted Resolution Nos. 063-00 ,064-00 ,065-00 accepting the Feasibility Report for Project No. J-2261 "Construction of 16th Avenue N.W. from Civic Center Drive N.W. to 7th Street N.W.", setting a Project Hearing and an Assessment Hearing for February 23, 2000. D-23 Adopted Resolution No. 066-00 deleting a portion of Sixth Avenue S.W. from the Municipal State Aid System (from 4th Street S.W. to 6th Street S.W.). D-24 Adopted Resolution No. 067-00 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 23, 2000 for Project No. 9714-99 (J-9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E.". D-25 Adopted Resolution No. 068-00 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 23, 2000 for Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision" and Project No. 9913 (J-9588) "Sanitary Sewer and Watermain Extension to Serve the Cheval Lane N.E. Area". D-26 Adopted Resolution No. 069-00 accepting the proposal of BKBM Professional Engineers of Minneapolis to provide professional engineering services for Project No. 8215-31-2000 (J-2594) "2000 Restoration of the Second Street Ramp". D-27 Adopted Resolution No. 070-00 accepting the proposal of Bonestroo Rosene Anderlik & Associates of St. Paul to provide professional engineering services for Project No.9501 B (J-2005) "Replace the High Roof on the Traffic Operations Building". D-28 Adopted Resolution No. 071-00 amending Paragraph (9.4) and (9.5) of Section B "No Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read: (9.4) East Center Street, on both sides of the street, from Civic Center Drive to a point 140 feet east of Civic Center Drive, at all times. (9.5) Delete D-29 Adopted Resolution No. 072-99 amending Paragraph (308) of Section B "No RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5776 Regular Adjourned Meeting No. 2 — January 19, 2000 Agenda Item D-30 E-1 E-2 Parking Zones" of the Comprehensive Traffic & Parking Resolution book to read: (308) Hampton Rhodes Court N.W., on the south & west side of the street, at all times. Adopted Resolution No. 073-00 approving the Wetland Delineation and Replacement Plan for the City of Rochester for the drainageway that is parallel to the DM&E railroad bed north of Barlow Plaza and the City to purchase the 0.88 acres of wetland credits from the BWSR. Ayes (6), Nays (0). Motion carried A Continued Hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision located south of Country Club Road and east and north of Wimbledon Hills Drive S.W. No one wished to be heard at this time. Staff recommended that this item be continued to February 7, 2000, to resolve issues related to a stormwater detention pond. Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision to February 7, 2000. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #99-25 by Ratzloff/Bigelow and C..Fred Krebsbach to annex land located south of 55`h Street N.W. and west of Wed Hills Subdivisions. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., one of the applicants. He wanted to thank Mr. Krebsbach for allow them to annex part of his land along with theirs to help them out. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Annexation Petition #99-25 by Ratzloff/Bigelow and C..Fred Krebsbach and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-3 A Hearing on Annexation Petition #99-26 by Roland and Marilyn Graves to annex land located east of 501h Avenue N.W., south of 65th Street N.W. and north of White Oaks Subdivisions. Wishng to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 Councilmembers Evans moved, Marcoux seconded, to approve Annexation Petiti RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2—January 19, 2000 5777 1 Agenda Item #99-26 by Roland and Marilyn Graves and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-4 A Hearing to Consider the Making of Local Improvement Project No. 6207-4-00 (J- 9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. West Approximately 1100 Feet". Wishing to be heard was Julie Leitzen, Western Walls, 604 11th Avenue N.W. She was in agreement with the staff recommendation that the hearing be continued to February 23, 2000. The Public Works Department will be working to further reduce some of the costs. Wishing to be heard was Russell and Kathy Barnes, 4705 Seventh Street N.W. The Barnes own approximately four acres surrounded by the City. They were concerned about the affect that the annexation would have on their property in terms of trees, driveway, streets, etc. Wishing to be head was Bob and Terry Krenning, neighbors of the Barnes, wanting to be informed about the annexation and the development of the area. Councilmembers Stobaugh moved, Hanson seconded, to continue the hearing to consider the Making of Local Improvement Project No. 6207-4-00 (J-9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. West Approximately 1100 Feet" to February 23, 2000. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Expenditure of the Residual Assets Derived From the Merger of the Rochester Police and Fire Consolidated Pension Account with PERA. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 074-00 approving the utilization of residual assets from the fire plan for current operating expenditures of the fire department and those from the police plan to fund current operating expenditures of the police department and to amend the 2000 budget and reallocate $4.0 million of tax levy from the general fund to the capital Improvement fund to be allocated towards public safety projects. Ayes (6), Nays (0). Motion carried. F-1 Councilmembers moved, seconded, to adopt Resolution Nos. 075-00, 076-00, 077- 00 accepting the feasibility report for Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor", setting a Project Hearing and an Assessment Hearing for March 6, 2000. Ayes (6), Nays (0). Motion carried. G-2a An Ordinance Repealing Subdivision 2( c ) of Section 125A.21 of the Rochester Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor, was given a first reading. G2b An Ordinance Amending and Reenacting Section 17.01 of the Rochester Code of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5778 Regular Adjourned Meeting No. 2 — January 19, 2000 Agenda Item G2c G-2d G-2e G-3a G-3b G-3c 1-1 Ordinances, Relating to Personnel of the Fire Department, was given a first reading. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of 61st Street N.W., Within North Park Ninth Subdivision as Savannah Drive N.W., was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 40.31 Acres of Land Located in the Northeast Quarter of the Northwest Quarter and a Part of the Northeast Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 55th Street N.W., west of Wedgewood Hills) An Ordinance Annexing to the City of Rochester Approximately 54.40 Acres of Land Located in a Part of the Northwest Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (East of 50th Avenue N.W., North of White Oaks Fourth Subdivision) An Ordinance Annexing to the City of Rochester Approximately 38.35 Acres of Land Located in a Part of the Northeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 651h Street, Along West Side of 50th Avenue) An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District and From the R-1 District to the B-5 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, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 55th Street N.W., East of Menards) An Ordinance Rezoning Certain Property From the R-1 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 Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of the Douglas Trail, west of 50th Avenue N.W.) Mayor Canfield congratulated the City Finance Department and in particular, Bruce Atkinson and Cheryl Belter, for receiving an award from the Government Finance Officers Association for outstanding financial reporting by the City of Rochester. Mayor Canfield noted that the City has received the award each year since 1968. 1 Having no further business, Councilmembers Hanson moved, Senjem seconded, to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 19, 2000 5779 Agenda Item 1 adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5780 Regular Meeting No. 3 — February 7, 2000 Agenda Item D-1-33 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem. Absent: Walter Stobaugh. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 078-00 referring petitions for "Roadway Improvements to 50`h Avenue N.W. for the Ripley Property." and Resolution No. 079-00 for "Roadway Improvements to 50`h Avenue N.W. for the Graves Property." to the Public Works Department for feasibility studies. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to approve the following consent agenda items. Approved the minutes of the January 19, 2000, meeting. Adopted Resolution No. 080-00 approving the terms of the department heads' meet and confer agreement for their 2000 compensation. Approved the transfer of $6,500 from the 2000 Contingency Account to YEP for their Summer Youth Employment Program. Approved the transfer of $10,000 from the 2000 Contingency Account to the Rochester Community and Technical College Foundation for the 2000 Summer Youth Program. Adopted Resolution No. 081-00 setting a public hearing on March 6, 2000 for Exempt Facility Bonds for the Airborne Express Project at the Rochester International Airport. Adopted Resolution No. 082-00 authorizing the Mayor and City Clerk to execute the Settlement Agreement with Western Digital Corporation. President Hunziker thanked Western Digital for coming to Rochester and providing the community support that they have over the past several years. Adopted Resolution No. 083-00 setting a public hearing on March 20, 2000 to consider the establishment of a Tax Increment Financing District on the Weatherstone Townhomes Project. See at end of D Items. Approved the request of PossAbilities of Southern Minnesota to hold a skyway golf tournament on February 26, 2000. Adopted Resolution No. 084-00 approving the General Consulting Services Agreement with Airport Consulting Services Groups, Inc., McGhie & Betts, Inc., 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 7, 2000 5781 Agenda Item D-15 D-16 D-17 Yaggy Colby Associates, and Architectural Alliance for the Rochester International Airport over the next several years. See at end of D Items. Adopted Resolution No. 085-00 approving the execution of the Employment Agreement and Release concerning City employee Richard William Peterson. Adopted Resolution No. 086-00 approving the lease with Olmsted County of approximately 421 square feet of space in the basement level of Campus Building #6 for the Building and Safety Department. Approved the following licenses and miscellaneous activities: Gambling — Premise Permit Renewal Eagles Aerie #2228 Dover Fire Relief Association at Green House Restaurant Gambling — Temporary Raffles Children's Dance Theatre — John Marshall High School — March 19, 2000 (waiver of 30 day waiting period) Hiawatha Chapter — National Wild Turkey Federation — Radisson Hotel Centerplace — March 24, 2000 American Association of University Women — Kahler Grand Hotel — April 30, 2000 Aldrich Memorial Nursery School — May 6, 2000 Community Youth Mentorship Program — Rochester Golf & Country Club — March 11, 2000 ((waiver of 30 day waiting period) Heating Contractor Joe Wrobleski Construction, Rochester Master Installer Joe Wrobleski, Rochester Michael Blaskowski, St. Cloud David Berdan, St. Cloud Miscellaneous Street Use National Multiple Sclerosis society — fundraiser Walk — April 9, 2000 Med-City Marathon & Conoco Kids Classic — Road Race — May 28,2000 Epilepsy Foundation of Minnesota — Annual Walk — June 3, 2000 Approved Accounts Payable in the amount of $2,628,447.86. Adopted Resolution No. 087-00 approving an increase in the mileage reimbursement rate from 31 cents per mile to 32 cents per mile. Acknowledged the retirement of Police Captain Richard Dale and the promotion of the following individuals: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5782 Regular Meeting No. 3 — February 7, 2000 Agenda Item D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 Lieutenant Brian Winters to the position of Police Captain Sergeant Kenneth Reed to the position of Police Lieutenant Police Officer John Laivell to the position of Police Sergeant Approved amending Ordinance 3304 regarding the annexation by Ordinance Petition #99-23 by Western Walls, Inc. to correct the legal description of the public right-of-way as requested by the Minnesota Planning Office and instructed the City Attorney to prepare the required ordinance for adoption. Council was requested to suspend the rules and give the ordinance a second reading. Adopted Resolution No. 088-00 amending the development agreement with Jerry Schultz and Randy Reynolds for Southern Woods Development Final Plat to include a requirement for the payment of Water Availability Charges at the time of platting each Southern Woods Subdivision and to delete the requirement for the payment of Airport Water Tower assessments. Adopted Resolution No. 089-00 approving the execution of the Development Agreement with Dakota of Rochester for the White Oaks 4th Subdivision. Accepted from the IBM Corporation/Ryan Companies a parcel of land proposed to be used as part of a roadway network adjacent to 37th Street N.W. Approved amending Chapter 74 of the Rochester Code of Ordinances changing the responsible department for property addressing to the Rochester Olmsted Consolidated Planning Department and instructed the City Attorney to prepare the required ordinance for adoption. Approved an ordinance amending street names within Southern Woods First and Second Subdivisions from Southern Woods Place to Southern Wood Circle and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 090-00 approving the execution of the documents for the recording of the covenants and restrictions required for the Board of Soil and Water Resources Wetlands Banking Project at 60th Avenue and Highway 14 West. Adopted Resolution No. 091-00 authorizing staff to acquire the needed land rights for the 41 st Street N.W. and West Frontage Road improvements. Adopted Resolution Nos. 092-00, 093-00, and 094-00 accepting the feasibility report for Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor" and setting a project hearing and assessment hearing for March 20, 2000. Adopted Resolution No. 095-00 ordering and accepting the feasibility report on Project No. 6207-4-00 (J-9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. west approximately 1250 feet", setting a project hearing for March 20, 2000 and Resolution No. 096-00 authorizing the execution of an engineering services agreement with McGhie & Betts to provide design services for $19,800.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 7, 2000 5783 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 M. D-11 Adopted Resolution No. 097-00 setting a public hearing on March 6, 2000, to consider expansion of Residential Permit Parking Zone #8 (Kutzky's Addition) on Second Street N.W. on both sides from 7th Avenue to 8th Avenue N.W. between the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday. Approved awarding a contract to Orion Bus Industrial for the purchase of two buses at a cost of $210,000 per unit pending approval of the bid from the FTA and granting of a waiver from the Minnesota Department of Transportation/Division of Motor Carrier. Adopted Resolution No. 098-00 approving a lease agreement between the City of Rochester and the Rochester Airport Company for land at the Rochester Airport for the Water Reclamation Plan's application of biosolids program for a lease price in the year 2000 of $102,576.00. Adopted Resolution No. 099-00 approving a contract between the City of Rochester and Agronomy Services Plus, Inc. to continue consulting services through December 31, 2000. Approved the appointment of George Wilson to the Housing and Redevelopment Authority to fill the unexpired term of Michael Gerber running to December 31, 2001. Adopted Resolution No. 100-00 giving a six-month notice to the Mayo Foundation of the City of Rochester's intent to reduce the number of leased stalls by one level at the Third Street Parking Ramp effective August 1, 2000. Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, stated that the action of the Council on December 20, 1999, extending the exclusive negotiation period with GAC TS contained the following statement that should be included with the extension of the negotiation that is before the Council at this time. "Be it further resolved that before February 21, 2000, GAT CS must provide the City with a copy of a Letter Of Intent from Nordstrom. The Letter Of Intent should identify parking and other obligations of the City to the project. The Letter should be identified by a schedule identifying major mile -stone dates leading to completion of negotiations with the City." Councilmembers Marcoux moved, Evans seconded, to adopted Resolution No. 101-00 extending the Exclusive Negotiation Agreement period with GAC TS (Time Square Project) through February 23, 2000, with the same conditions as approved at the December 20, 1999, meeting. Ayes (6), Nays (0). Motion carried. Councilmember McConnell expressed his displeasure at the proposed rate hike of 4.5 % increase by Rochester Public Utilities Councilmember McConnell said that he could have supported perhaps 2% but 4.5% is too much all at once. Councilmembers Hanson moved, Evans seconded, to adopt the following Public Utilities resolutions: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5784 Regular Meeting No. 3 — February 7, 2000 Agenda Item E-1 Resolution No. 102-00 approving a purchase order agreement with Hendrix for cable and conductor for $333,382.80. Resolution No. 103-00 approving a purchase order agreement with Border States Electric for cable and conductor for $359,923.96. Resolution No. 104-00 approving a purchase order agreement with RESCO for cable and conductor for $65,570.17. Resolution No. 105-00 approving a purchase order agreement with Graybar Electric for cable and conductor for $56,917.37. Resolution No. 106-00 approving a purchase order agreement with Grossman Chevrolet, Inc. for five vehicles for $99,569.52. Resolution No. 107-00 approving payment of $40,864.00 to the Mayo Foundation for 8" water main replacement. Resolution No. 108-00 approving a 4.5% increase in electric rates effective February 8, 2000. Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing on Type III, Phase I Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision located south of Country Club Road and east and north of Wimbledon Hills Drive S.W. Having no one wishing to be heard , President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded to adopt Resolution No. 109-00 approving Final Plat #99-44 by Kenneth Kinseth to be known as Wimbledon Hills Third Subdivision with one condition. Ayes (6), Nays (0). Motion carried. E-2 A Hearing on Type III, Phase II Land Subdivision Permit #99-50 by Leslie Lurkin to be known as North Park Tenth Subdivision located east of 61st Street N.W., northwest of Fairway Drive N.W. and north of North Park Fourth and Sixth Subdivisions. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant, Leslie Lurkin. Mr. Tointon noted that the subdivision would contain 41 lots on 12 acres of land. He noted their agreement with the four conditions. Wishing to be heard was Rich Peterson, North Park Resident, expressing his concern over the possible traffic effects that the Subdivision could cause with the other neighborhoods in the area. He said that traffic coming down Fairway Drive was a major concern. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 7, 2000 5785 Agenda Item E-3 E-4 E-5 E-6 11 Councilmembers Hanson moved, Evans seconded to approve Land Subdivision Permit #99-50 by Leslie Lurkin to be known as North Park Tenth Subdivision with four conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-33 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. He said that the fourth subdivision represented the final phase of the development with the original development started in 1986. He noted that Outlot A will be dedicated as requested Having no one further wishing to be heard , President Hunziker closed the hearing Councilmembers Senjem moved, Marcoux seconded to adopt Resolution No. 110- 00 approving Final Plat #99-33 to be known as White Oaks Fourth Subdivision with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-45 to be known as Wedgewood Hills Third located south of 55th Street N.W., west of 52"d Avenue N.W. No one wishing to be heard at this time. Councilmembers Hanson moved, Marcoux seconded to continue the hearing on Final Plat #99-45 to be known as Wedgewood Hills Third to February 23, 2000. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #99-27 by Payne Company to annex land located east of Century Hill Drive N.E., south of Viola Road N.E. Having no one wishing to be heard , President Hunziker closed the hearing Councilmembers Evans moved, Hanson seconded to approve Annexation Petition #99-27 by Payne Company. Ayes (6), Nays (0). Motion carried. A Hearing on City Initiated Text Amendment #99-9 to amend Sections 61.148, 62.707 and 62.709 of the Rochester Zoning Ordinance and Land Development Manual on changes to approved conditional use permits. Having no one wishing to be heard , President Hunziker closed the hearing Councilmembers Marcoux moved, McConnell seconded to approve City Initiated Text Amendment #99-9 to amend Sections 61.148, 62.707 and 62.709 of the Rochester Zoning Ordinance and Land Development Manual and instructed the City Attorney to prepare an ordinance for adoption. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5786 Regular Meeting No. 3 — February 7, 2000 Agenda Item E-7 F-1 F-2 G-2a Councilmember Senjem asked about the potential extra cost of extra hearings, etc. and whether there could be instances where the Council could override previous decisions. Terry Adkins, City Attorney, said that what the ordinance is trying to do is make it clear that when the Council has identified an issue of particular concern about a project, staff does not have the authority to address that issue without going through the Council but rather the applicant will need to go back to the Council in the form of a hearing. If it is not a major issue to the Council, staff maintains the authority to go ahead and authorize the change without additional hearings. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Issuance of Bonds to Weatherstone Townhomes, LLC, for a Qualified Residential Rental Project and the Adoption of a Housing Program. Staff requested that the hearing be continued to February 23, 2000, due to publication requirements. Councilmembers moved, seconded, to continue the hearing on Issuance of Bonds to Weatherstone Townhomes, LLC, for a Qualified Residential Rental Project and the Adoption of a Housing Program to February 23, 2000. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hanson seconded, to grant a 4% merit increase to the City Administrator Steve Kvenvold plus personal leave days and adjustment of salary range of 3%. Ayes (6), Nays (0). Motion carried. Brent Svenby, Planning Department, stated that the Council asked that the criteria related to land use along 41 sc Street N.W. be relooked at. He noted that there is no criteria established in the ordinance at this time. He asked if Ordinance 2247 needs to be amended to include criteria for conditional use permits when reviewing projects for the special Arboretum District. Terry Adkins, City Attorney, noted that Councilmember McConnell initially raised the issue of commercial land within the Arboretum Special District. At the Committee -of -the -Whole meeting Mr. Adkins then asked whether the ordinance should also be amended to include the guidelines and criteria for future development projects. He stated that the Planning staff was not sure whether the consensus reached at the Committee -of -the -Whole included the "McConnell issue" as well as the "Adkins issue". Councilmembers Marcoux moved, Senjem seconded, to initiate the process to amend Ordinance 2247 to include the McConnell issue and the Adkins issue for the establishment of criteria in the Arboretum Special District. Ayes (6), Nays (0). Motion carried. An Ordinance Amending the Provisions of Ordinance No. 3304 Which Provided For the Annexation To the City of Rochester of Approximately 10.84 Acres of Land L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 7, 2000 5787 1 Agenda Item G-2b G-2c G-2d G-2e G-3a I -a 1b Located In the Rose Harbor Second, Third, and Fourth Subdivisions, Olmsted County, Minnesota, was given a first reading. An Ordinance Amending and Reenacting Sections 74.02 of the Rochester Code of Ordinances, Relating to the Enforcement of the House Numbering System in the City of Rochester, was given a first reading. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Southern Woods Place Within Southern Woods First Subdivision as Southern Wood Circle and the Designation of Southern Way Place Within Southern Woods Second Subdivision As Southern Place, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 10.93 Acres of Land Located In a Part of the Southwest Quarter of Section 39, the Southeast Quarter of the Northeast Quarter of Section 30, and the Northeast Quarter of the Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. East of Century Hills Drive N.E., South of Viola Road N.E.) An Ordinance Amending and Reenacting Sections 61.148, 62.707, and 62.709 of the Rochester Code of Ordinances, Relating to Staff authorized Changes to Issues covered By A Development Agreement. An Ordinance Amending and Reenacting Subdivision 2 of Section 141.23 of the Rochester Code of Ordinances, Relating to the City Administrator's authority to Permit Early Refuse Collection, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Councilmember Senjem noted that he was hopeful that a change by the 2000 Legislature would remove the need for municipalities to pay sales tax to the State. Councilmembers moved, Hanson seconded, to contact the President of the DM&E Railroad to request that the Rochester City Council meet with the DM&E Board of Directors to discuss the status of negotiations between the parties. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. Z(; J City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5788 CITY OF, ROCHESTER, MINNESOTA Agenda Item THIS PAGE DELIBERATELY LEFT BLANK. 1 i� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 23, 2000 5789 Agenda Item D-1-2 & F-2 D-1 D-2 D-3 D-4 See at end of G Items. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 111- 00 referring the petition for sewer and water service for the Southeast Quarter of the Southeast Quarter of Section 19 and the Southwest Quarter of the Southwest Quarter of Section 20, Cascade Township, from Hamilton Real Estate to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to approve the following consent agenda items: Approved the minutes of the February 7, 2000, meeting. Adopted Resolution No. 112-00 setting a public hearing for April 3, 2000, to consider the establishment of a Tax Increment Financing District on the Weatherstone Townhomes Project. Adopted Resolution No. 113-00 authorizing the execution of the Low Income Housing Tax Credit Compliance Monitoring Agreement with Multi -Mac. Approved the following licenses and miscellaneous activities: On -Sale 3.2 Temporary Beer Olmsted County Fairboard — Olmsted County Fair — July 31 .-August 6, 2000 Gambling — Temporary Ben Franklin PTSA — Raffle — May 6, 2000 Church of St. John School — Raffle — May 12, 2000 Rochester Hockey Club — Raffle — April 1, 2000 Gambling — Premise Permit Bear Creek Services at All Star Billiards Heating Contractor Custom Aire, Inc., Grand Forks, North Dakota Schneider Heating, LaCrosse, Wisconsin Master Installer James Komay, LaCrosse, Wisconsin Scott Boettner, Grand Forks, North Dakota Miscellaneous Street Use American Legion Auxiliary #92 — Annual Poppy Day Sales — May 5-6, 2000 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5790 Regular Adjourned Meeting No. 4 — February 23, 2000 Agenda Item D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 Approved an Off -Sale 3.2 Beer License for the Wal-Mart Store, 25 25th Street S.W., effective March 15, 2000. Approve Accounts Payable in the amount of $1,034,204.64. Adopted Resolution No. 114-00 authorizing the City Clerk to advertise for bids for a 2000 Track Backhoe with 2-way radio and add'Ilong reach dipstick for the Public Works Department. Adopted Resolution No. 115-00 authorizing the City Clerk to advertise for bids for one (1) hydraulic sewer rodding machine for the Public Works Department. Adopted Resolution No. 116-00 approving three positions for the Public Utility Department as authorized in the adopted 2000 budget. Those positions are: Apprentice Lineworker, Technician Assistant, and System Operator. Adopted Resolution No. 117-00 approving the submission of a grant by the Park Department to the Department of Natural Resources for the purpose of acquiring land adjacent to Quarry Hill Park identified as the "Postier land". Approved Annexation by Ordinance Petition #00-01 by Richard Badger to annex approximately 195.47 acres of land located south of Valleyhigh Road N.W., west of West Circle Drive in Section 19 and 20, Cascade Township, and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 118-00 approving the submission by the Police Department of a grant from the Minnesota Center for Crime Victim Services for a temporary coordinator position. Adopted Resolution No. 119-00 authorizing a third amendment to the City/Owner contract for J-9497 for "Relocation of Watermain and Storm Sewer; Construction of Temporary Roadway in Proposed New Alignment of 1 st Street S.W. between Td and 4th Avenue S.W." with the Mayo Foundation and Fraser Construction; and authorizing a City/Owner contract between Galuska Properties LLC and Rochester Construction Company, Inc. to serve the Rochester Overhead Doors Property. The relationship of David Senjem and Walter Stobaugh to the Mayo Foundation was noted. Adopted Resolution No. 120-00 approving the Development Agreement with Leslie Lurken for the North Park Tenth Subdivision. Adopted Resolution No. 121-00 approving the Development Agreement with Leslie Lurken for the Wedgewood Third Subdivision. Accepted the final project costs and expenses for Project No. 6248-4-97 (J-9416) "Basic construction in 48th Street N.W. from 315t Avenue N.W. to the West Approximately 1750 Feet to the West Line of Carriage Homes Subdivision". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 23, 2000 5791 Agenda Item D-17 Adopted Resolution No. 122-00 establishing the assessment rate for Project No. 9714 (J-9436) "Extension of Sanitary Sewer and Watermain in Pinewood Road S.E. From Pinewood School to Fairview Court S.E.", authorized the Mayor and City Clerk to enter into any Utility Connection Agreements associated with the project, and charge the original petitioners the maximum sanitary sewer and watermain connection charge rate of $65.00 per foot. D-18 Adopted Resolution No. 123-00 advertising for bids for Project No. M001 (J-9598) "Trunkline Sanitary Sewer From the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve Sewer District 16A, 16B, 16C and 16D in Marion Township" to be opened on March 22, 2000. D-19 Adopted Resolution No. 124-00 referring the petition for Project No. J-9600 "Extension of Sanitary Sewer in Whynaught's Subdivision" from the owner of property in Whynaught's Subdivision to the Public Works Department for a feasibility study. D-20 Adopted Resolution No. 125-00 levying the proposed assessment for James D. Crawford , Trustee, for Project No. J-9305 "Watermain in 11th Avenue S.W.". D-21 Adopted Resolution No. 126-00 authorizing execution of the lease agreement with Ironwood Square Condominium Association for lease of their lot by the public for evening and weekend Mayo Civic events. D-22 Adopted Resolution No. 127-00 adding Section (314.5) of Section B "No Parking Zones" to read: (314.5) Northern Valley Drive N.E. on the south side of the street, from Northern Heights Drive to Viola Road, at all times. F-2 Approved the repeal of the current RCO Chapter 105 and adopt RCO Chapter 105A Adult Entertainment Services regulating escort services and companionship sales in the City of Rochester and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing to Consider the Issuance of Bonds to Weatherstone Townhomes, LLC, for a Qualified Residential Rental Project and the Adoption of a Housing Program. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers moved, seconded, to approve the multi -family housing program for the City of Rochester for the Weatherstone Townhomes Project. Ayes (7), Nays (0). Motion carried. E-2 A Continued Hearing on Type III, Phase I Final Plat #99-45 to be known as Wedgewood Hills Third located south of 55th Street N.W., west of 52Id Avenue N.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5 7 9 2 Regular Adjourned Meeting No. 4 — February 23, 2000 Agenda Item E-3 E-4 Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. They are in agreement with the three conditions recommended. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 128- 00 approving Final Plat #99-45 to be known as Wedgewood Hills Third with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase III Restricted Development Final Plan #98-6, Amendment to PUD B-90 Fiksdal Motel to Allow for the Development of a Four - Story Hotel and Parking Located Between 2"d Street S.W. and 1st Street S.W., W of 12th Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 129-00 approving Restricted Development Final Plan #98-6, Amendment to PUD B 90 Fiksdal Motel with nine conditions noting that the exterior of the Staybridge may not be modified from that which was presented without going through the City Council and also approves the option for a walkway connection. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #98-19 by Fiksdal Motel to Vacate the Alley Right - of -Way and Utilities Between 2"d Street S.W. and 1st Street S.W., West of 12th Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 130- 00 approving Vacation Petition #98-19 by Fiksdal Motel with one condition. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Type 111, Phase III Restricted Development Final Plan #98-27 by the Kendal Group For the Development of Two Multi -Family Buildings Located Along the East Side of East Circle Drive, East of 16th Avenue N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 131 00 approving Restricted Development Final Plan #98-27 by the Kendal Group with seven conditions. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 132-00 approving that the building finishes, site plan and the intent to maintain and monitor the wetland health be included in the development agreement. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 23, 2000 5793 1 Agenda Item E-6 E-7 CCM A Hearing on Type III, Phase II Land Subdivision Permit #99-52 by Payne Company to be known as Century Hills Fourth Subdivision Located East of Century Hills Drive N.E., South of Viola Road. Wishing to be heard was Bill Anderson, Yaggy-Colby, representing the applicant. He noted that they were in agreement with the eight conditions as recommended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve Land Subdivision Permit #99-52 by Payne Company with eight conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Councilmember Senjem questioned the no parking signs — fire lane in the cul-de- sac asking if no parking was actually needed. He was told that the policy was in keeping with other cul-de-sacs in the City where both parking and turn-arounds could not be accommodated. Council asked staff to look into the policy of where fire lanes are placed in a cul-de-sac. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6316-4-97 (J-2261) "Extension of 16th Avenue N.W. From Civic Center to 7th Street N.W." Wishing to be heard was Gary Mattison, 3805 20th Street S.E. He said that he is the owner of property at 1605 Civic Center Drive. Mr. Mattison leases the property to a new business called Battery Patrol. He is in opposition to the project because he feels it is not needed and also because of the excessive assessment for the property. President Hunziker left the meeting, President Pro-Tem McConnell assumed the chair. Richard Freese, Public Works Department, said that approximately 1700 square feet on the east side of the Mattison property will be needed for right-of-way. The contract for the project will need to be awarded by the end of June in order to receive federal funds for the project. President Hunziker returned. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No 133-00 ordering Project No. 6316-4-97 (J-2261) "Extension of 16th Avenue N.W. From Civic Center to 7th Street N.W." to be made. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. 6316-4-97 (J-2261) "Extension of 16th Avenue N.W. From Civic Center to 7th Street N.W." RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5794 Regular Adjourned Meeting No. 4 — February 23, 2000 Agenda Item M E-10 E-11 F-1 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 134-00 levying the proposed assessments for Project No. 6316-4-97 (J-2261) "Extension of 16th Avenue N.W. From Civic Center to 7th Street N.W." Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-8 to be known as Spruce Meadows Subdivision Located East of 11th Avenue S.E., North of 20th Street S.E. and West of Bear Creek. Mitzi Baker, Planning Department, explained to the Council the amended conditions for the project. Wishing to be heard was Bill Anderson, Yaggy-Colby, representing the owner and noting agreement with the revised conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 135-00 approving Final Plat #99-8 to be known as Spruce Meadows Subdivision with six conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-02 by Verna Badger Trust to Annex Land Located South of Valleyhigh Road N.W., West of West Circle Drive, Section 20, Cascade Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation Petition #00-02 by Verna Badger and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-03 by Fern Meyers to Annex Land Located Along the East Side of 40th Avenue S.E., East of Eastwood Hills Second Subdivision, Section 4, Marion Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation Petition #00-03 by Fern Meyers and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. Doug Knott, Downtown Development Director, told the Council that Nordstrom's has given a Letter of Intent to GAC-TS noting their plans for a Nordstrom's Building in the Time Square Development. The Letter talks about a 20-year lease, 120,000 square feet of floor space for the store, 1500 parking spaces in the Time Square Development and space for underground parking. He noted that he has not had time to study the letter and staff would need more time to review and recommend 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 23, 2000 5795 1 Agenda Item action to the Council. Therefore, he is asking that the item be extended to the April 3, 2000 Council meeting. A preliminary tax increment analysis should be prepared for the project as well. Councilmember McConnell noted that the Downtown Development Board had one year ago recommended that the City pursue the project with the Royal Management Corporation from Virginia rather than GAC-TS. He said that the project has now grown to three+ blocks, been granted numerous extensions, have asked for more TIF dollars; he did not feel that he could any longer vote in favor of the project by GAC-TS. Wishing to be heard was Greg Wendland, Attorney for GAC-TS. He stated that the Letter of Intent has been received over the weekend. Nordstrom's has given a very solid commitment to the project and everyone is very excited about the prospect. Terry Adkins, City Attorney, noted that a copy of the Letter of Intent has not been provided to the City as requested in the original conditions. Mr. Wendland stated that it is not possible to provide copies of the Letter to the Council due to the confidential nature of the material contained within the Letter. He noted that Doug Knott had seen and read the Letter. Both Nordstrom's and GAC-TS have signed the Letter. There is a commitment from 17 other stores for the project; those stores will be known on April 3rd Wishing to be heard was Kevin Mulholland, Royal Management Group. He stated that any further extension of time to GAC-TS should be denied and the original project proposed by Royal Management should be considered. Royal Management already is the owner of property on the block containing the project. President Hunziker felt that we have lost sight of what was intended in the project. Gone are the number of theaters, ice rink, the glitz. The project will now be one block wide and three blocks long. There are no outside entrances for downtown activity. He also wondered when the Committee on Urban Environment gets involved. Wishing to be heard was Charlie Birkelbach, Project Manager for GAC-TS. He stated that they feel the scope of the project will be completed in the next two weeks. At that time the stores, parking ramp, hotel, theatres, and retail will be known. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 136- 00 extending the exclusive negotiation period with GAC-TS for the Times Square Project to April 3, 2000, and that (1) GAC-TS provide staff an opportunity to review the Nordstrom Letter of Intent, and (2) GAC TS work with staff on the preparation of an updated TIF study. Ayes (5), Nays (2). Motion carried. Councilmembers McConnell and Stobaugh voted nay. F-2 See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5796 Regular Adjourned Meeting No. 4 — February 23, 2000 Agenda Item G-2a G-2b G-2c G-2d G-3a G-3b G-3c G-3d An Ordinance Annexing to the City of Rochester Approximately 195.47 Acres of Land Legally Described As the Southwest Quarter of the Southeast Quarter of Section 19, the South Half of the Southwest Quarter of Section 20, and a Part of the West Half of the Southeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of Valleyhigh Road N.W., West of Circle Drive) An Ordinance Annexing to the City of Rochester Approximately 40.17 Acres of Land Located in the Northeast Quarter of the Southwest Quarter of section 20, township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of Valleyhigh Road N.W., West of West Circle Drive) An Ordinance Annexing to the City of Rochester Approximately 40 Acres of Land Located in the Southwest Quarter of the Southwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (East Side of 40th Avenue S.E., East of Eastwood Hills Second Subdivision) An Ordinance Creating and Enacting Chapter 105A of the Rochester Code of Ordinances, Relating to Regulation of Escort Services and Companionship Sales In the City of Rochester and Repealing Chapter 105 of the Rochester Code of Ordinances, was given a first reading. Councilmembers Evans moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Repealing Subdivision 2( c ) of Section 125A.21 of the Rochester Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of 61st Street N.W., Within North Park Ninth Subdivision as Savannah Drive N.W., was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 40.31 Acres of Land Located in the Northeast Quarter of the Northwest Quarter and a Part of the Northeast Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 55th Street N.W., west of Wedgewood Hills) An Ordinance Annexing to the City of Rochester Approximately 54.40 Acres of Land Located in a Part of the Northwest Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 23, 2000 5797 Agenda Item G-3e A-1 u read. Ayes (7), Nays (0). Motion carried. (East of 50`h Avenue N.W., North of White Oaks Fourth Subdivision) An Ordinance Amending and Reenacting Section 17.01 of the Rochester Code of Ordinances, Relating to Personnel of the Fire Department, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. rz-r�l"6j City Clerk Wishing to be heard during the Open Comment Period was Dr. Julie Jacobs, 812 15`h Avenue N.E. Dr. Jacobs had previously been charged with a barking dog violation and animal abuse (for leaving the dog outside in inclement weather). She explained that she is having trouble with the neighbors, is a responsible pet owner and that she should not have been cited for the violations. Wishing to be heard during the Open Comment Period was John Magnotto, 2711 Salem Road S.W. Mr. Magnotto indicated that he wanted his property connected to sewer and water services through the City's Water Quality Protection Program but feels that the City has treated him differently than his neighbors in the adjoining Crocus Hills Subdivision. President Hunziker asked that this matter be placed on the Committee -of -the - Whole Agenda for February 28, 2000. He asked that Mr. Magnotto provide a list of his requests to the Council so that they can be included in the agenda packet for the Monday meeting. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5798 Regular Meeting No. 5 — March 6, 2000 Agenda Item A-1 I 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. D-1-37I Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items. D-1 I There were no minutes for approval. D-2 Approved the amendment to the Development Agreement with WBI Partners to provide TIF assistance in the amount of $650,000 @ 6% interest for Georgetowne Townhomes. D-3 I See at end of D Items. D-4 Approved requesting the Olmsted County Planning Advisory Committee to initiate a zoning district amendment from the A-3 district to the A-4 district on land lying between 65th and 85th Streets N.W. recently brought into the Urban Service Area. D-5 Adopted Resolution No. 137-00 awarding the contract to Alvin E. Benike, Inc. for Project No. J-6942 "Terminal Building Canopy and Interior Improvements" at the Rochester International Airport. D-6 Adopted Resolution No. 138-00 awarding the contract for asbestos removal to RenTec Services for Project No. J-6942 "Terminal Building Canopy and Interior Improvements" at the Rochester International Airport. D-7 Adopted Resolution No. 139-00 authorizing the execution of an agreement with the Federal Aviation Administration for Project No. J-6911 "Relocation of Runway End Identifier Lights and a Visual Approach Slope Indicator". D-8 I Adopted the following Public Utility resolutions: Resolution No. 140-00 approving an agreement in the amount of $450,804.00 with Delta Star, Inc. for one 161 kV outdoor power transformer. Resolution No. 141-00 approving an agreement with Semens Power T&D, Inc. for one 15kV indoor metal clad switchgear in the amount of $199,559.00. Resolution No. 142-00 approving a contract with GE Energy Services for Silver Lake Plant Unit No. 4 Turbine -Generator Overhaul in the amount of $556,600.00 Resolution No. 143-00 approving a time and materials contract in the amount of $443,000.00 with RSA Companies for enterprise maintenance software implementation. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5799 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 it Approved the transfer of the On -Sale Wine and 3.2 Beer License from Powers Enterprises, Inc. DBA Legends of Rochester to The Rochester Athletic Club at the Rochester Athletic Club. Approved the transfer of the On -Sale Wine and 3.2 Beer license for John's Family Restaurant from John Cokinos DBA John's Family Restaurant to DMS Patel LLC DBA John's Family Restaurant and Coffee House at 6 First Avenue N.W. Approved the transfer of the On -Sale Wine and 3.2 Beer License from 63 Club of Rochester, Inc. to Michelle Crawford, owner of Cucumber Lil's, Inc. located at 1726 South Broadway. Approved the transfer of the On and Off -Sale 3.2 Beer license for Soldiers Field Golf Course from 19th Hole at Soldiers Field to Brian Veloske, owner of The Turn Restaurant and Golf Concession. Approved the transfer of the On -Sale and Sunday Intoxicating Liquor License from J & M's Family Restaurant, Inc. DBA J & M's Family Restaurant to Myron J. Salz, owner of J & M Family Restaurant, Inc. DBA Shady Hill Grille. Approved the following licenses and miscellaneous activities: Heating, Ventilating, Air -Conditioning Duane's Heating & Ventilating, Winona Superior Mechanical Systems, Inc., Rochester Air Conditioning & Heating Doc, Rochester Master Installer Russell Thorm, Winona Robert Jones, Rochester Larry Thompson, Prior Lake Sewer and Drains Berne Construction, West Concord Sound Amplification Permits Olmsted County Fair — July 31 through August 6, 2000 Miscellaneous Street Use St. John's Catholic Church — Procession of the Cross — April 21, 2000 Approved the following Annual Renewal Licenses: OFF SALE INTOXICATING LIQUOR (Annual Renewals) A C Liquor Inc. DBA Andy's Liquor Andy's Crossroads Liquor Inc. DBA Andy's RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5800 Regular Meeting No. 5 — March 6, 2000 Agenda Item B & F Leasing Inc. DBA Apollo Liquor & Smokeshop Deanna Inc. DBA Apollo Wine & Spirits Barb's Northbrook Liquor, Inc. DBA Northbrook Liquor RMT of Rochester Inc., A Mn Corp DBA Buckeye Liquor RSI-Supervalu Inc. DBA Cub Foods Bar Creek Liquors Route 52 Liquors/Wines/Ales Inc. DBA Hillcrest Liquor Joe's Liquors Inc. Sunstone Hotel Properties Inc. DBA Kahler Downtown Liquors MGM Wine & Spirits Inc. DBA MGM Liquor Warehouse Plaza Liquor Sam's West Inc. DBA Sam's Club #6427 CLUB ON SALE LIQUOR (Annual Renewals) AFL-CIO Labor Club DBA Labor Club William T. McCoy Post #92'DBA American Legion Post #92 Rochester Elks Lodge #1091 Fraternal Order of Eagles #2228 DBA F.O.E. #2228 Columbus Building Association DBA Knights of Columbus Loyal Order of Moose DBA Rochester Moose Lodge #2128 Rochester Golf & Country Club VFW Post #215 Whitlock Sonnenberg WINE (Annual Renewals Karla Sperry DBA Bilotti's Italian Restaurant Chardonnay, LTD. Cucumber Lil's Inc. DBA Cucumber Lil's Hung Fu Chue DBA China Dynasty Guo Xiao DBA China Garden Cynthia Elizabeth Daube DBA Daube's Bakery & German Restaurant Denny's Inc. DBA Denny's Restaurant #1368 Nghi B. Sam DBA Great China Restaurant India Garden Inc. John Hardy's Bar-B-Que Inc. 29 W Frontage Rd, Hwy 52 N John Hardy's Bar-B-Que Inc. 940 S Bdwy DMS Patel LLC dba John's Family Restaurant & Coffee Shop Rochester Athletic Club Theatres at Galleria LLC. DBA Theatres at Galleria JADCO LLC DBA Valentino's of Rochester Wong's Cafe, A General Partnership DBA Wong's Cafe Deann M. Stowers DBA Wright Stuff Restaurant Zorba's Restaurant of Rochester Mn. DBA Zorba's Greek Restaurant ON SALE INTOXICATING LIQUOR (Annual Renewals) Apple American Lmtd. DBA Applebee's Neighborhood Grill & Bar Lorraine Corporation DBA Aviary Restaurant RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5801 Agenda Item 1 Creative Cuisine Inc. DBA Broadstreet Cafe & Bar/Redwood Room Brothers Bar & Grill Inc. RSD Inc. DBA C.J.'S Midtown Lounge J & S Corporation DBA Canadian Honker Hospitality Honker Enterprises DBA Canadian Honker Restaurant & Catering Carlos O'Kelly's Mexican Cafe Colonial Lanes/Brass Lantern Southeast Hotel LLC DBA Comfort Inn & Conference Center Charles Brannon DBA Crown Restaurant & Lounge Sunstone Hotel Properties Inc. DBA Economy Inn & Executive Suites D & D of Minnesota Inc. DBA Famous Dave's BBQ Shack Jorge Solis DBA Fiesta Mexicana Restaurant J & M'S Family Restaurant, Inc. DBA Shady Hill Grille CMZ Inc. DBA Henry Wellington's/New't G.A.C. Development LLC DBA Hilton Garden Inn Sunstone Hotel Properties Inc. DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Hunan Chinese Restaurant of Rochester Inc. DBA Hunan Chinese Restaurant Chen -Si Wang DBA Hunan Garden Restaurant Hypat's Investment Inc. DBA O'Neill's Pizza Pub J.J.'S of Rochester Inc. DBA J.J.'S Restaurant & Sports Bar John Barley Come Inc. Sunstone Hotel Properties Inc. DBA Kahler Hotel Sunstone Hotel Properties Inc. DBA Marriott Hotel GPK Inc. DBA Kathy's Pub King's Crossing Bar & Grill Co. Inc. Rancho Grande Inc. DBA Las Margarita's Bar & Grill Dooley's Inc. DBA McMurphy's Sports Cafe/Aquarius Nightclub Michael's Supper Club Inc. DBA Michael's Restaurant LTB Inc. DBA Mugzee's CJC Enterprises Inc. DBA North Star Bar Outback Midwest II Limited Partnership DBA Outback Steakhouse BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes Inc. GMRI Inc. DBA Red Lobster #429 Associated Management Inc.DBA Riptide Bar Allen Lloyd Hurlbut DBA Rochescheer Country Pub Rookies Sports Grill & Bar Inc. Shenanigan's Inc. C.J.'S Midtown Lounge Great Western Fair Inc. DBA Smiling Moose Bar & Grill Restech Partners Inc. DBA TGI Fridays Timber Lodge Steakhouse Inc. Victoria's of Minnesota DBA Victoria's Restaurant RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5802 Regular Meeting No. 5 — March 6, 2000 Agenda Item D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Willow Creek Golf Course of Rochester Inc. DBA Willow Creek Golf Course CONSUMPTION & DISPLAY (Annual Renewal) Pla-Mor Ballroom OTHER ANNUAL RENEWALS Sunday Liquor 52 On -Sale 3.2% Beer 37 Off -Sale 3.2% Beer 15 Dance 23 Bowling 2 Approved Accounts Payable in the amount of $1,027,044.88. Approved the appointment of Jeffrey P. Drew and Rodney J. Steggerda to the position of Firefighter in the Rochester Fire Department. Confirmed the appointment of Steven J. Harvey and Joel F. Blahnik to the position of Police Officer in the Rochester Police Department effective March 20, 2000. Adopted Resolution No. 144-00 approving the Labor Agreement for Years 2000- 2002 for Local #49, Street and Alley. Approved to the Police Civil Service Commission the appointment of Michelle Leak to replace Don Dealing and the reappointment of Robert Moore, Jr. See at end of D Items. Approved the use of $85,000 from the F.E. Williams Fund for construction of a shelter/bathroom at the Silver lake Adventure Playground. Accepted the donation of $100 to the Rochester Police Department from the Minnesota Chapter of American Registered Nurses Association for printing of brochures used at employment job fairs. Adopted Resolution No. 145-00 accepting the feasibility report for Project No. M03: (J-9676) "Sanitary Sewer Trunkline Extension to Serve Districts 12cl & 15il along 18th Avenue S.W." and ordered the project to be made conditional upon the execution of a contribution agreement. Adopted Resolution No.146-00 authorizing the execution of a City -Owner Contract with Ratzloff/Bigelow and Elcor Construction for Project No. J-9675 "Basic Construction to Serve South Park Fifth Subdivision". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5803 Agenda Item D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 Adopted Resolution No. 147-00 awarding the contract for Project No. 9714-99 (J- 9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E." to A-1 Excavating in the amount of $1,331,596.30. Adopted Resolution No. 148-00 awarding the contract to Winona Excavating for Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision" and Project No. 9913 (J-9588) "Sanitary Sewer and Watermain to Serve Cheval Lane N.E." in the amount of $288,205.74. Adopted Resolution No. 149-00 authorizing the execution of an Engineering Services Agreement with WHKS & Company for Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision" and Project No. 9913 (J-9588) "Sanitary Sewer and Watermain to Serve Cheval Lane N.E." in the amount of $30,837.00. Adopted Resolution No. 150-00 accepting the feasibility report and setting a public hearing for April 3, 2000 for Project No. M002 (J-9599) "Sanitary Sewer and Watermain Extension to Serve Baihly Woodland Subdivision". Adopted Resolution No. 151-00 accepting the feasibility report and setting a public hearing for April 3, 2000 for Project No. M005 (J-9602) "Sanitary Sewer and Watermain to Serve Woodland Hills Subdivision (Woodcrest Lane S.W.)". Adopted Resolution No. 152-00 accepting the feasibility report and setting a public hearing for April 3, 2000 for Project No. M0003 (J-9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught's Subdivision". Adopted Resolution No. 153-00 authorizing the City Clerk to advertise for bids for the 2000 Season Supply of Cutback Asphalt RC-800 and Asphalt Emulsion CRS-2 (Cationic). Adopted Resolution No.154-00 authorizing the City Clerk to advertise for bids for the 2000 Season Supply of Plant Mixed Bituminous Mixtures. Adopted Resolution No. 155-00 authorizing the City Clerk to advertise for bids for the 2000 Season Supply of Ready -Mixed Concrete. Adopted Resolution No. 156-00 authorizing the City Clerk to advertise for bids for the 2000 Season Supply of Washed Sand, Gravel and Crushed Rock & Pea Gravel. Adopted Resolution No. 157-00 authorizing a contract for professional services with BKBM Professional Engineers of Minneapolis for Project No. 8214-31-2000 (J- 2594) "2000 Restoration of the Second Street Ramp" and increase the project RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5804 Regular Meeting No. 5 — March 6, 2000 Agenda Item D-36 D-37 D-3 D-20 E-1 budget to $290,000 with additional funds of $140,000 to be transferred from the parking enterprise fund. Adopted Resolution No. 158-00 amending the following Comprehensive Traffic and Parking Resolutions: I. Delete paragraph (10) of Section E, "Passenger Loading Zones". II.. Amend paragraph (20) to Section E, "Passenger Loading Zones" so as to read as follows: (20) First Street S.W. on the north side of the street, from 4th Avenue to a point 450 feet west of 4th Avenue, 15 minute limit, 7:00 A.M. to 4:00 P.M. school days only. III. Amend paragraphs (7) and (18) of Section I, "Metered Parking (Zone J-10 hour limit)" so as to read as follows: (7) First Street S.W., on both sides from 5th Avenue to 6th Avenue. (18) Sixth Avenue S.W., on the east side of the street, from Center Street to First Street. IV. Delete paragraph (142.5) 6th Avenue S.W./10 Block of Section "B" No Parking Zones. Adopted Resolution No. 159-00 amending Change Order 1 in the amount of $961.54 (increase in price) for the contract with Holm Brothers Plumbing and Hearing, Inc. for the 1999 Piping Replacement Project at the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh abstained from voting on Item D-19 due to a conflict of interest. Councilmember Senjem thanked Mr. Haggerty for starting the business in Rochester. Councilmembers Senjem moved, Evans seconded, to adopt Resolutil No. 160-00 decertifying Tax Increment Financing District #9-1 for Western Digital. Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh wanted to thank Mr. VanStraaten for his years of service to the Housing Authority. Councilmembers Stobaugh moved, Senjem seconded, to approve the appointment of Pamela Evans to the Housing and Redevelopment Authority to replace Jack VanStraaten. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-08 to be known as Yate's First Addition located west of 23d Avenue S.W. and south of 5th Street S.W. Staff requested that this item be continued to the March 20, 2000, meeting. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5805 1 Agenda Item E-2 E-3 E-4 No one wished to be heard at this time. Councilmembers Hanson moved, Marcoux seconded, to continue Type III, Phase I Final Plat #00-08 to be known as Yate's First Addition to March 20, 2000. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #99-145 by Ron Yanish to be known as Salem Heights located south of Baihly Woodland 7th Subdivision and Baihly Hills Drive S.W., west of Woodland Drive S.W. and north of Salem Road S.W. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted that the comments he would make applied both to the GDP and the Zone Change applications. Mr. DuMond stated that they would like to amend the zoning from B-5 to R-2 as a result of Planning Staff recommendations. Staff felt that the restricted development may be a better option. The neighbors have concerns about the traffic; the restricted development would allow for less traffic in the neighborhood. He stated that the access to the old school house would be closed off and the frontage road would service the R-2 property and the schoolhouse only. He noted agreement with the three conditions recommended. Terry Adkins, City Attorney, asked that condition #1 be changed to read: "Storm water management must be provided for this development." Condition #2 should be changed to read: "If required by the City, applicant shall dedicate additional right-of-way at the time of platting in order to accommodate......" Mr. DuMond agreed to the change in the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #99-145 by Ron Yanish to be known as Salem Heights with eight conditions, conditions #1 and #2 revised as noted, and instructed the City Attorney to prepare Findings of Fact. Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on Zoning District Amendment #99-20 by Ron Yanish to Amend the Zoning District From R-1 to B-5 and R-2 on Property located south of Baihly Woodland 7th Subdivision and Baihly Hills Drive S.W., west of Woodland Drive S.W. and north of Salem Road S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment #99-20 by Ron Yanish as amended by the applicant substituting B-5 for R-2 and instructed the City Attorney to prepare the required ordinance for adoption.. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on General Development Plan #146 by Bigelow Enterprises to be known as Kingsbury Hills located south of 55th Street N.W., west of the Wedgewood Hills Subdivision. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5806 Regular Meeting No. 5 — March 6, 2000 Agenda Item E-5 Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. The GDP will cover 80 acres in total. The roadway connections and future subdivisions were looked at for the overall picture. Originally there were two access points to 55th Street N.W.; in agreement with Public Works there will be only one access with a temporary access used for construction. The Substantial Land Alteration activities are due to removal of soil over ten feet; all soils will remain on the site. They are in agreement with the conditions required. Mr. Masterpole stated that there was some concern whether a mid -block pedestrian connection is needed; it will be left to the City Engineer to make that determination. Terry Adkins, City Attorney, noted that condition #2 requires right-of-way and condition #5 requires easements. He asked that the word "by dedication" be inserted after the word "required". Wishing to be heard was Harvey Ratzloff, representing Bigelow Enterprises. He noted that the development would be part of the "first homes" project with houses dispersed throughout the subdivision. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve General Development Plan #146 by Bigelow Enterprises to be known as Kingsbury Hills with eight conditions, conditions #2 and #5 as amended, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 161-00 approving Substantial Land Alteration activities by Bigelow Enterprises to be known as Kingsbury Hills. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #147 by Arcon Development, Inc. to be known as the Graves Property GDP located east of 50th Avenue N.W. and south of 65th Street N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He stated that the development would consist of single family homes sitting on lots of 2.9 acres. Mr. Masterpole described the subdivision layout as a 61coving pattern" saying that the homes have a larger setback for front yards with curvy street patterns and sidewalks. Wishing to be heard was Larry Frank, Acron Development, Eagan, Minnesota. Mr. Frank stated that Acron Development are land developers and not builders. They have architectural control over the subdivision and approve any and all building plans. Uniformity is maintained and landscaping is required on all lots. He noted that the first phase will be in the southeast corner of the property and consist of approximately 25 lots. Wishing to be heard was Bill Oswald, 5718 Lancaster Place N.W. Mr. Oswald was representing the Northwest Neighborhood Association. The Association supports RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5807 Agenda Item the project. He noted that eight individual development plans are going to be approved within a two square mile area. Mr. Oswald noted his concern with all of the projects along and accessing 50th Avenue N.W. He questioned when something was going to be done as far as completion of 50th Avenue. Wishing to be heard was Dan Mairdl, 6222 50th Avenue N.W. His concern is with the roadway and the procedure that they found out about the project. The brochure for the subdivision was already printed showing the roadway next to his home. He felt that it would be in the best interests of all involved to let the adjoining property owners know what is happening prior to seeing it in a brochure. Procedures need to be put in place for earlier notification. Phil Wheeler, Planning Department, stated that they are unaware of the proposals until neighborhood meetings are scheduled. Wishing to be heard was Greg Keruris, 6405 50th Avenue N.W. His concern was with the development of roads into the new developments. The roadway for the townhomes is directly across from his home; some of his land will need to be acquired for right-of-way access. He asked that the developers talk with the adjoining landowners prior to the development of the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Terry Adkins, City Attorney, noted page 203 of the Staff Findings and Recommendations. Paragraph one states the provisions for provisions for capital improvement and streets, etc. Paragraph two is the finding adopted by the Planning Staff. Line four states that the needed street system improvements are not reflected in the current six -year CIP or other plans. Mr. Adkins stated that this, therefore, suggests that this General Development Plan does not satisfy the public facilities portion of the ordinance. Gary Neumann, City Administrator's Office, noted the 300 home restriction on development in the area until improvements to 501h Avenue N.W. are completed. Councilmembers Hanson moved, Marcoux seconded, to approve General Development Plan #147 by Arcon Development, Inc. to be known as the Graves Property with ten conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. . Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. E-6 A Hearing on Land Use Plan Amendment #00-01 by Badger Development, LLC located west of West Circle Drive and south of Valleyhigh Road N.W. Wishing to be heard was Mac Hamilton, Managing Partner, representing Badger Development, LLC. Mr. Hamilton described his project as starter to moderate priced homes each having a garage. He stated that access points will be West Circle Drive and Valleyhigh Drive. A park will separate the medium and commercia density from the low density designation. Having no one further wishing to be heard, President Hunziker closed the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5808 Regular Meeting No. 5 — March 6, 2000 Agenda Item E-7 E-8 Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 162- 00 approving Land Use Plan Amendment #00-01 by Badger Development, LLC with the findings noted on pages 236 and 237 of the Request for Council Action ani instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Zone Change Petition #00-01 by Badger Development, LLC located west of West Circle Drive and south of Valleyhigh Road N.W. Wishing to be heard was Mac Hamilton, 400 South Broadway, available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Zone Change Petition #00-01 by Badger Development, LLC with the staff findings on page 255 of the Request for Council Action and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #148 by Badger Development, LLC to be known as Badger Ridge located west of West Circle Drive and south of Valleyhigh Road N.W. Wishing to be heard was Mac Hamilton, 400 South Broadway. Mr. Hamilton noted that the City is requesting that they purchase property of 4.9 acres abutting West Circle Drive immediately southeast of the current GDP as a part of the GDP for corridor upgrade in the future. The property will need to be annexed. Terry Adkins, City Attorney, noted that condition #2 should read: "Storm water management must be provided for this development." Mr. Hamilton agreed with the amendment to the condition as well as the other 14 conditions. Councilmembers Evans moved, Hanson seconded, to approve General Development Plan #148 by Badger Development, LLC to be known as Badger Ridge with 15 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley located east of Bandel Road within Section 4 and 9 Cascade Township. Staff recommended that the item be continued to March 20, 2000. No one wished to be heard at this time. Councilmembers McConnell moved, Evans seconded, to continue General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley to March 20, 2000. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5809 1 Agenda Item E-10 A Hearing on Type III, Phase II, Land Subdivision Permit #99-48 by Big DE Development to be known as Bandel North First Subdivision located east of Bandel Road within Section 4 and 9 Cascade Township. Staff recommended that the item be continued to March 20, 2000. No one wished to be heard at this time. Councilmembers McConnell moved, Evans seconded, to continue Type III, Phase II, Land Subdivision Permit #99-48 by Big DE Development to be known as Bandel North First Subdivision to March 20, 2000. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Type III, Phase I Final Plat #00-7 to be known as Diamond Ridge Seventeen located north of 7th Street N.W., west of 48th Avenue N.W. Wishing to be heard was Julie Leitzen, Western Walls, 604 11th Avenue N.W. She noted that they are in agreement with the conditions and made herself available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 163-00 approving Final Plat #00-7 to be known as Diamond Ridge Seventeen with three conditions. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Reconsideration of the Bituminous Plant Operations Included with Type III, Phase II Restricted Development #98-05 located south of 40th Street S.W., west of TH 63. Wishing to be heard was Arlen Gronseth, 3709 Ninth Avenue S.W. Mr. Gronseth related that during the past summer and this winter heavy smoke was present in the neighborhood to the north of the proposed bituminous plant from the burning of cleared trees. The smoke would hang within the area for long periods of time. He felt that the property to the south of 40th Street is not appropriate for a bituminous plant. Wishing to be heard was John Arnold, Dunlap and Seeger, representing the applicant, Franklin Kottschade. Mr. Arnold stated that there has been no mining or bituminous operation during the past year since the CUP had been issued. He noted that they are still awaiting approval from the MPCA prior to any start of the plant. They are asking that the Council review the operation at this time rather than waiting until July 2000 as previously approved. Since there has been no operation, they are requesting that the permit for the plant be extended to coincide with the length of time that the CUP is in existence rather than have periodic reviews. Wishing to be heard was Lowell Penz, 601 36th Street S.W. As previously testified, Mr. Penz agreed that the smoke was a big problem laying in the valley. The burning stopped periodically when the smoke was excessively heavy. He also noted the need for fencing around the ponding areas as there are many small RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5810 Regular Meeting No. 5 — March 6, 2000 Agenda Item children that may wander onto the property. He also asked that each homeowner receive notification of any future information or hearings rather than only the owner of the manufactured home village. Mr. Penz presented a petition to the Council signed by residents of the neighborhood noting their dissatisfaction with the proposed plant. They also addressed the lack of notification of the project to the residents. The following residents provided testimony relating how smoke filled the residential areas has become, the problems that may arise with asthmatic and other ill people in the neighborhood, the potential hazards of dump and larger trucks traveling on 40th Street, children in the neighborhood playing along 40th Street and also entering where the ponds are, and the ponds not being fenced. They also felt that the present permit allowing the bituminous should be revoked because of the problems already experienced. Jim Anderson 723 37th Street S.W. Christie Flanagan 3041 38th Avenue S.W Bill Oldfield 1405 40th Street S.W Marilyn Baker 800 37th Street S.W. Mike Canfield 3912 Willow Court S.W Jonathan Allen 709 37th Street S.W. Jeff Ingalls 3829 Willow Heights Drive S.W. Brad Nelson 1105 401h Street S.W. Carl Evers 1035 40th Street S.W Jeff Kruse 3730 9th Avenue S.W. Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W. Mr. Kottschade stated that there are mining operations within the City and County that are run parallel to this operation. In response to Councilmember Evans question of installation of a fence around the pond, Mr. Kottschade said that he would take it under consideration. There are currently no trespassing signs placed in the area and the area is policed as much as possible. He said that the township issued the burning permits. They did shut down the burning when the wind conditions caused the smoke to blow into the neighborhood. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers asked that the residents of the mobile home park as well as the homeowners be notified of any further meetings or developments on this issue. They also felt that a meeting between the applicant and the neighbors would be helpful. They did not feel that they could revoke the permit as the operation has no - yet been up and running. After startup, they asked that the operation be brought to them for review. Councilmembers Hanson moved, Stobaugh seconded, to review the bituminous operation on November 6, 2000. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 — March 6, 2000 5 811 Agenda Item E-13 E-14 E-15 E-16 G-2a G-2b A Hearing on Annexation Petition #99-05 by Payne Company to Annex Land located along the south side of Viola Road N.E., east of Century Hills Drive N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #99-05 by Payne Company and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Issuance of Revenue Bonds for an Air Cargo Airport Facility at the Rochester International Airport. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 164-00 approving up to $1 million in Exempt Facility Bonds for the Airborne Express project at the Rochester International Airport. A Hearing to Consider Expansion of Residential Parking Permit Zone 8 on the 700 Bock of Second Street N.W. Wishing to be heard was April Thum, 716 Second Street N.W., requesting the Council to support and approve the proposed parking zone. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 165-00 approving the expansion of Residential Parking Permit Zone 8 on the 700 Bock of Second Street N.W. Ayes (7), Nays (0). Motion carried. A Hearing to Consider a Request to amend the 1998 Action Plan for the Community Development Block Grant Program. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senjem seconded, to approve amending the 1998 Action Plan for the Community Development Block Grant Program allocating $50,000 to the Rochester Area Foundation for the First Homes Program. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 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 first reading (North of Salem Road S.W., West of Woodland Drive S.W.) An Ordinance Rezoning Certain Property From the H District to the R-2 District, From the H District to the R-3 District and From the H District to the M-1 District, and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5812 Regular Meeting No. 5 — March 6, 2000 Agenda Item G-2c G-3a G-3b G-3c G-3d G-3e Development Manual of the City of Rochester, Minnesota, was given a first reading. (West of West Circle Drive, South of Valleyhigh Road N.W. — Badger Property) An Ordinance Annexing to the City of Rochester Approximately 6.40 Acres of Land Located in a Part of the Northwest Quarter of Section 29, township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South of Viola Road N.E., East of Century Hills Drive N.E.) An Ordinance Amending the Provisions of Ordinance No. 3304 Which Provided Foi the Annexation To the City of Rochester of Approximately 10.84 Acres of Land Located In the Rose Harbor Second, Third, and Fourth Subdivisions, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Hanson seconded, to adopt the Ordnance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 74.02 and 74.03 of the Rochester Code of Ordinances, Relating to the Enforcement of the House Numbering System in the City of Rochester, was given a second reading. Councilmembers Evans moved, Marcoux seconded, to adopt the Ordnance as read. Ayes (7), Nays (0). Motion carried An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Southern Woods Place Within Southern Woods First Subdivision as Southern Wood Circle and the Designation of Southern Way Place Within Southern Woods Second Subdivision As Southern Place, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordnance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 10.93 Acres of Land Located In a Part of the Southwest Quarter of Section 39, the Southeast Quarter of the Northeast Quarter of Section 30, and the Northeast Quarter of the Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Evans moved, McConnell seconded, to adopt the Ordnance as read. Ayes (7), Nays (0). Motion carried. (East of Century Hills Drive N.E., South of Viola Road N.E.) An Ordinance Amending and Reenacting Sections 61.148, 62.707, and 62.709 of the Rochester Code of Ordinances, Relating to Staff authorized Changes to Issues covered By A Development Agreement, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordnance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Cit Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 20, 2000 5 813 Agenda Item A-1 B-1 D-1-2 D-1 D-2 D-3 D-4 D-5 Councilmember Dennis Hanson spoke to the Council and the audience and related a recent tragedy that resulted in the death of a very close family friend. He wanted to remind everyone to not forget what is truly important... your family and children ... and to remember to hug your children whenever you can. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None Councilmembers McConnell moved, Marcoux seconded, to approve the following consent agenda items: Approved the minutes of the February 23 and March 6, 2000, meetings. See at the end of the D Items. Adopted Resolution No. 166-00 setting a public hearing of April 17, 2000 to consider the establishment of a Tax Increment Financing District for the Weatherstone Townhomes Project. Adopted Resolution No. 167-00 approving a settlement agreement with Carriage Homes and the City and authorizes execution of the agreement only after the performance bond is provided. Approved the following licenses and miscellaneous activities: Chickens Gregory and Helen McIntire, Rochester Sewer and Drains Bedrock Sand and Gravel, Oronoco Miscellaneous Street Use Mayo Clinic Cancer Center and American Cancer Society — National Can Survivors Day Picnic — June 4, 2000 Paws and Claws Humane Society — Pet Walk — May 6, 2000 S.E. Minnesota Evangelistic Association — Celebration March — June 18, 2000 Circus Rochester Jaycees — George Carden Circus at Mayo Civic Arena — March 29, 2000 D-6 Approve the application for an On -Sale 3.2% Beer License for Silver Lake Foods, Inc. at 1402 North Broadway. D-7 Approved the transfer of the On -Sale Intoxicating Liquor (Exclusive) License from RSD, Incorporated DBA CJ's Lounge to S&S Rochester, Incorporated. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 814 Regular Adjourned Meeting No. 6 — March 20, 2000 Agenda Item D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 Approved Accounts Payable in the amount of $1,918,854.84. See at the end of the D Items. See at the end of the D Items. Adopted Resolution No. 168-00 authorizing the City Clerk to advertise for bids for one rescue truck and equipment for the Rochester Fire Department. Approved appointments to the Civic Music Board for Linda Birnbaum, term expiring on 12/31/02; and Martha J. Riley, term expiring on 12/31/02. Adopted Resolution No. 169-00 setting license fees for Companionship Sales/Escort Services, Individual Escort and Private Dancer Licenses. Adopted Resolution No. 170-00 approving a Development Agreement with Payne Development Company for the Century Hills Development. Adopted Resolution No. 171-00 approving the City/Owner Contract for Project J- 9593 "Basic Construction to Serve Diamond Ridge 16 and 17 Subdivision" with Western Walls, Incorporated and Elcor Construction. Adopted Resolution No. 172-00 authorizing staff to acquire needed land rights for Project J-6394 "16`h Avenue S.W. Signalization Project". Adopted Resolution No. 173-00 approving a revocable permit to allow the existing structure at 609 Ninth Street S.W. to encroach 6.00 feet within the right of way. Withdrawn by the Public Works Department. The Development Agreement has not been signed. Adopted Resolution No. 174-00 authorizing the execution of an Engineering Services Agreement with Bonestroo, Rosene, Anderlik & Associates for engineering services for Project No. 9918 (J-9595) "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W.". Adopted Resolution No. 175-00 approving a Professional Services Agreement with Yaggy Colby Associates for preliminary engineering services associated with Project No. J-2460 "Stormwater Pond cc-p4.3 to Serve the Folwell Ridge Area". Adopted Resolution No. 176-00 authorizing the City Clerk to advertise for bids for Project No. 9859 (J-6394)"Traffic Signals at Intersection of 2"d Street and 161" Avenue S.W.". Adopted Resolution Nos. 177-00, 178-00, and 179-00 accepting the feasibility report, setting a public hearing on May 1, 2000 for consideration of the project, and setting an assessment hearing on May 1, 2000, for Project No. 6921 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West to Cul-De-Sac". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 - March 20, 2000 5 815 L Agenda Item D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 W Adopted Resolution Nos. 180-00, 181-00, and 182-00 accepting the feasibility report, setting a public hearing on June 5, 2000 for consideration of the project, and setting an assessment hearing on June 5, 2000, for Project No. 6310-2-00 (J-9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 Y2 Street S.E. to 19th Street S.E.". Adopted Resolution Nos. 183-00, 184-00, and 185-00 accepting the feasibility report, setting a public hearing on June 5, 2000 for consideration of the project, and setting an assessment hearing on June 5, 2000, for Project No. 6215-4-00 (J-9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Adopted Resolution Nos. 186-00, 187-00, and 188-00 accepting the feasibility report, setting a public hearing on May 1, 2000, for consideration of the project, and setting an assessment hearing on May 1, 2000, for Project No. 6309-3-99 (J-9524) "Reconstruction of 9th Avenue S.W. from 2nd Street S.W. to 4th Street S.W.". Adopted Resolution Nos. 189-00, 190-00, and 191-00 accepting the feasibility report, setting a public hearing on May 15, 2000, for consideration of the project, and setting an assessment hearing on May 15, 2000, for Project No. 6309-3-99 (J- 9512) "Reconstruct North -South Alley in 200 block Between Broadway and 1st Avenue S.W." Adopted Resolution Nos. 192-00, 193-00, and 194-00 accepting the feasibility report, setting a public hearing on May 15, 2000, for consideration of the project, and setting an assessment hearing on May 15, 2000, for Project No. 6309-3-98 (J- 9511) "Reconstruct North -South Alley in 300 Block Between Broadway and 1 st Avenue S.W." Adopted Resolution No. 195-00 authorizing the City Clerk to advertise for bids for April 12, 2000, for Project No. J-6399 "Year 2000 Traffic signal Painting Program" and Project No. J-4961 "Year 2000 Parking Ramp Painting". Approved the appropriating of $8,408 from the Future Construction Account to provide the funding for the local share of a Public Library Accessibility Grant. Adopted Resolution No. 196-00 accepting the feasibility study for Project No. J- 9578 "Improve 50th Avenue N.W. and Extend Sanitary Sewer and Water Service to Undeveloped Lands Along 50th Avenue N.W." and set a public hearing after contribution agreements have been received. Ayes (7), Nays (0). Motion carried. Councilmember Evans asked why a revocable permit is now being issued; the sign is already erected. He was told that the sign contractor neglected to obtain the revocable permit and is now doing so. The sign will need to be adjusted but can easily be accommodated. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5816 Regular Adjourned Meeting No. 6 — March 20, 2000 Agenda Item M D-10 E-1 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 197- 00 approving a revocable permit for a projecting sign attached to the Radisson Hotel at 150 South Broadway. Ayes (7), Nays (0). Motion carried. Councilmember Senjem was concerned that approval of the item would mean that two fire stations would be built. He was informed that the monies are only set aside for that purpose in the event the Council makes such a future decision. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 198-00 amending the 2000 General fund and Capital Improvement Fund Budgets due to residual assets from Police and Fire Consolidated Pensions. Ayes (7), nays (0). Motion carried. Councilmember Senjem asked if the City is held liable when a deferment is granted to the school district for fire code violations. Terry Adkins, City Attorney, said that the City does not incur any liability under the Public Duty Doctrine. The Doctrine says that our duty is to the public at large and not to an individual; the same applies in this case. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 199-00 granting extension of time to I.S.D. School District 535 on State Fire Marshall orders regarding Mayo High School until September of 2001. Ayes (7), Nays (0). Motion carried. A Continued Hearing on General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley located east of Bandel Road within Section 4 and 9 Cascade Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that the only part of the project that will be developed at this time is in the southwest corner of the property. This area has been annexed and can be served by sanitary sewer. He noted that requested access and utility easement will allow for the needed right-of-way to the north property line which will be dedicated at the time of platting. Mr. Tointon also stated that, in order for the needed water pressure, the developer has petitioned for extension of the watermain. If this is not feasible, a booster station will be temporarily installed until such time that the extension can be connected. Mr. Tointon noted their agreement with the seven conditions, two of which had been amended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Evans seconded, to approve General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-2 A Continued Hearing on Type III, Phase Il, Land Subdivision Permit #99-48 by Big DE Development to be known as Bandel North First Subdivision located east of Bandel Road within Section 4 and 9 Cascade Township. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 20, 2000 5 817 Agenda Item E-3 E-4 E-5 Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. The first phase will consist of 66 single-family homes. The bikeway construction has been left open to coincide with the timing of the future 65`h Street. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Land Subdivision Permit #99-48 by Big DE Development to be known as Bandel North First Subdivision with nine conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Type III, Phase I Final Plat #00-08 to be known as Yate's First Addition located west of 23rd Avenue S.W. and south of 5`h Street S.W. Wishing to be heard was Trent Fugle, representing Habitat for Humanity. They are the proposed purchasers of the lots that will be split off. He questioned several of the items in the development agreement that had previously been signed by the Yate's representatives concerning deferred assessments and the construction of the sidewalks. Terry Adkins, City Attorney, informed Mr. Fugle that the agreement was between the City and the Yate's family. He stated that Mr. Fugle could not dispute what was contained in the agreement. If the Yate's family wanted to have the agreement reconsidered, the City could do so but the approval of the Final Plat is dependent upon the signed development agreement. Councilmembers McConnell moved, Marcoux seconded, to table the item to allow Mr. Fugle and the Yate's family to discuss the matter. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-2 by Payne Company to Amend the Zoning District from R-1 to R-1X on land located along the south side of Viola Road N.E., east of Century Hills Drive N.E. Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant. Mr. Blouw was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Zoning District Amendment #00-2 by Payne Company with findings on page 160 of the Request for Council Action and requested the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit #00-02 by Payne Company to be known as Century Hills Townhomes Third located along the south side of Viola Road N.E., east of Century Hills Drive N.E. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 818 Regular Adjourned Meeting No. 6 — March 20, 2000 Agenda Item E-6 E-7 Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant and noting their approval of the seven conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Land Subdivision Permit #00-02 by Payne Company with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit #00-03 by Fred Schmidt to be known as Emerald Hills Second Subdivision located north of Century High School and west of Cassidy Drive N.E. Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant and noting their approval of the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to approve Land Subdivision Permit #00-03 by Fred Schmidt to be known as Emerald Hills Second Subdivision with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #99-144 by BBB Development, LLC to be known as the Ripley Property GDP located west of 50th Avenue N.W. and south of 651h Street N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing BBB Development. The development will be 360 lots on 122 acres of land. The east one-third of the property is annexed. There is a portion of the property possibly containing a fen. The Department of Natural Resources will determine in Jjne whether or not the area can be disturbed. If the drainage area is untouchable, they will develop further to the south. They are in agreement to pay for upgrade of 50th Avenue N.W.. They are also in agreement with the conditions. Mr. Masterpole asked that condition #13 be removed as there are no other conditions forthcoming from the staff. Terry Adkins, City Attorney, noted that the additional condition recommended by the staff in regard to 501h Avenue N.W. is not needed at this time; condition #4 covers the requirement of adequate public facilities. Wishing to be heard was Greg Kerwin, 6405 50th Avenue N.W. Mr.Kerwin was told earlier that he would be contacted when any meetings regarding the upgrade of 50t, Avenue N.W. were held; he has not been contacted. He was informed that he would not be paying for any of the upgrade until such time as he decided to develor his property or until the property is sold to a developer at which time the developer would pay for the upgrades. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 20, 2000 5 819 1 Agenda Item Wishing to be heard was Bill Oswald, representing the Northwest Neighbors Association. He asked for an explanation on the earlier Committee -of -the -whole meeting; the Public Works staff agreed to meet with him. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve General Development Plan #99-144 by BBB Development, LLC to be known as the Ripley Property GDP with twelve conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-3 Councilmembers Evans moved, Stobaugh seconded, to remove from the table Final Plat #00-08 to be known as Yate's First Addition. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Herman Yates, 3821 Sunnydale Lane S.E. Mr.Yates indicated that they would need to meet further with Habitat for Humanity representatives to work out some obstacles. He asked that the public hearing be continued until the next council meeting. Councilmembers Hanson moved, Stobaugh seconded to continue the hearing on Final Plat #00-08 to be known as Yate's First Addition to April 3, 2000. Ayes (7), Nays (0). Motion carried. E-8 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. Staff noted that the applicant has asked to have the hearing continued. No one wished to be heard at this time. Councilmembers Stobaugh moved, Marcoux seconded, to continue Final Plat #99- 20 to be known as Orchard Ridge First Addition to April 3, 2000. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Type III, Phase II Land Subdivision Permit #00-04 by Michael Younge to be known as Orchard Hills North Subdivision located north of Fox Chase Road S.W., west of Gates Drive S.W. Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant. Mr. Blouw noted that they were in agreement with the conditions. Wishing to be heard was Carrie Wright, 821 Fox Croft Circle S.W. Ms. Wright was interested in obtaining a map of the area being discussed. Councilmember Marcoux stated that she had called Yaggy-Colby Associates and discussed the problem of traffic flow through the area. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5820 Regular Adjourned Meeting No. 6 — March 20, 2000 Agenda Item E-10 E-11 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to approve Land Subdivision Permit #00-04 by Michael Younge to be known as Orchard Hills North Subdivision with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Continued Hearing to Consider Local Improvement Project No. 6207-4-00 (J- 9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. west approximately 1101 feet". Wishing to be heard was Bill Tointon, McGhie & Betts, representing Forbrook- Bigelow Development. He urged the Council to approve the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 200-00 approving the making of Project No. 6207-4-00 (J-9594) "Reconstruct 71h Street N.W. from 46th Avenue N.W. west approximately 1100 feet". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor" Wishing to be heard was Scott Thiem, North Mankato, representing his mother, Shirley Thiem, owner of Lot 13, block 7 of Rose Harbor 4th Subdivision. Mr. Thiem felt that the assessments for the corner lot owned by his Mother were in excess of what they should be. He also asked why the project did not extend further north and why individual homeowners should not receive special considerations, like developers, for improvements. Mike Nigbur, Public Works Department, explained that a separate project will continue to the north but that the developer, Mr. DeWitz, will be paying the cost of the improvements under a development agreement with the City. He also noted that the Thiem property is undeveloped and, with the improvements, now be able be split into lots for development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 201 00 approving Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor'. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on the Proposed Assessments for Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor" Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 20, 2000 5821 1 Agenda Item F-1 F-2 F-3 E-7 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 202-00 levying the proposed assessments for Project No. N-026 (J-9656) "Public Improvements to Sunset Drive, Rose Avenue and Harbor Parkway in Rose Harbor". Ayes (7), Nays (0). Motion carried. President Hunziker stated that the Council plans to meet shortly for a goal -setting and planning session and would like to have this item on the agenda at that time. Therefore, he indicated that Mr. Dooley would not be able to work until that meeting is held as there is no funding available for salary. Mayor Canfield indicated that this is a critical time as the neighborhood function will be needed. Mr. Dooley is currently working on making the position an independent position from the City. Mr. Canfield indicated that he would be paying the salary of Mr. Dooley from funds available to the Mayor. Councilmembers Senjem moved, Evans seconded, to table the item of funding the neighborhood development coordinator until after the Council has met in their goal - setting and planning session. Ayes (7), Nays (0). Motion carried. The applicant requested the item be tabled. Councilmembers Stobaugh moved, Marcoux seconded, to table approving the amended Findings of Fact, Conclusions of Law, and Order for the bituminous Plant Operation in the Restricted Development Conditional Use Permit #98-05 for property located south of 40th Street S.W., west of T.H. 63 to April 3, 2000. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to authorize the Mayo Civic Center Expansion Project to move forward and appropriate $1,490,124.00 for the project. Ayes (7), Nays (0). Motion carried. Gary Neumann raised a question about condition #4 for BBB Development stating the development must be phased so that 50th Avenue north of 55th Street does not exceed approximately 3000 trips before it is upgraded. He stated that this could bE interpreted to mean before the road is completely reconstructed. At the Committee -of -the -Whole it was talked about having language that new development could not exceed 3000 trips unless the Council had agreed to a public improvement project to upgrade the condition of 50th Avenue. Mr. Neumann felt that the condition #4 should be clarified to conform to the language agreed to by the Council at the afternoon meeting. Councilmembers agreed that the wording should specify that the Council has agreed to consider the project, have the hearing within 30 days, approve or not approve the project based on the receipt of signed development agreements from the abutting property owners, and then the developers could move ahead with the rest of the developments. If the City Council rejects the bids, the 3000 vehicle trip limit is again applicable. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5822 Regular Adjourned Meeting No. 6 — March 20, 2000 Agenda Item G-2a G-3a G-3b G-3c 1-1 Wishing to be heard was Bill Tointon, McGhie & Betts, speaking for the other four developers in the area. The concern that the developers have is that they be allowed to continue through the development process at this time with the understanding that the 3000 average daily trips is applied has a limit on development if there is no commitment by the property owners or the Council to proceed with the upgrade of 50th Avenue. His present interpretation of condition is that development stops if the road is not upgraded. Councilmembers Senjem moved, Stobaugh seconded, to reconsider the Council's decision on Item E-7. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to amend condition #4 so that the first sentence reads: "The developments must be phased so that 50th Avenue N.W., north of 55th Street N.W., does not exceed approximately 3000 avert' daily trips unless the Council has approved a public improvement project for 50t Avenue N.W." Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 District to the R-1X, and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading (South of Viola Road, East of Century Hills Drive N.E.) An Ordinance Annexing to the City of Rochester Approximately 195.47 Acres of Land Legally Described As the Southwest Quarter of the Southeast Quarter of Section 19, the South Half of the Southwest Quarter of Section 20, and a Part of tl West Half of the Southeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembe Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Valleyhigh Road N.W., West of Circle Drive) An Ordinance Annexing to the City of Rochester Approximately 40.17 Acres of Land Located in the Northeast Quarter of the Southwest Quarter of section 20, township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Valleyhigh Road N.W., West of West Circle Drive) An Ordinance Annexing to the City of Rochester Approximately 40 Acres of Land Located in the Southwest Quarter of the Southwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East Side of 40th Avenue S.E., East of Eastwood Hills Second Subdivision) Terry Adkins stated that on December 20, 1999, the Council approved GDP #142 concerning Weatherstone. As a part of the approval of the GDP, a condition was included which conditioned the legality of the GDP upgrading 50th Avenue N.W. to an aerial standard. The GDP for Weatherstone needs to be consistent with the action taken on the Ripley Property, GDP #144. Mr. Adkins said that they needed 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item �1 to remove condition #1 from the Findings of Fact, Conclusions of Law, and Order following the December 20, 1999, hearing, leaving the 3000 average trips per day as a relevant condition on the Weatherstone GDP Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 203-00 amending the Findings of Fact, Conclusions of Law, and Order, for the Weatherstone GDP by deleting the condition found at paragraph #5a and amending the condition at paragraph #5g to read as follows: "The development must be phased so that 50th Avenue N.W. north to 55th Street N.W. does not exceed approximately 3000 daily trips unless the Council has approved a public improvement project for 50th Avenue. A contribution will be required for the reconstruction of 50th Avenue N.W. and 65th Street N.W. The City is currently considering a traffic improvement district for improving 50th Avenue N.W. and 65th Street N.W. and establishing the developers' proportional cost." Ayes (7), Nays (0). Motion carried. Having no further business, Councilmember Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. r Y&Z� & � 4 A-� � �-J City Clerk 58k5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 58�4 ReguIaRd; Yn@FM�@t��?� A hiI`tE�W@P Agenda Item A-1 B-1 D-1-2' D-1 D-2 D-3 M D-5 91 Wishing to be heard was Norm Erickson, 1303 Fifth Avenue N.E. Mr. Erickson commented on the proposed gas turbine generator that Rochester Public Utilities plans on purchasing. Mr. Erickson stated that the turbine is proposed to cost approximately $35 million and would be used only at peak demand times. He note that summer peak demand is caused by residents who use air conditioners; why should all Rochester residents have to pay for the charges and subsidize the system. Mr. Erickson felt that a more equitable way needs to be found to charge those customers who use the service rather than all. He asked the Council to call for a public hearing to allow residents to voice their opinions. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Hanson moved, Senjem seconded, to approve the following consent agenda items. Approved the minutes of the March 20, 2000, meeting. Approved an increase in taxi cab fare increases for Minimum Fare from $3.30 to $3.50, Wait Time Per Hour from $18.00 to $22.00, and Mileage Charge from $1.70 per mile to $1.95 per mile; rewording of the fare cards; applicant paying the charge in changing of fare cards; and instructed the City Attorney to prepare the required ordinance for adoption. See at end of D Items. Adopted Resolution No. 204-00 approving a Professional Services Agreement with ACSG, Inc./McGhie & Betts for engineering design for Project No. J-6967 "Parking Lot and Entrance Drive Improvements" and instructed the City Clerk to advertise foi bids for the improvement project. See at end of D Items Approved the following licenses and miscellaneous activities: Gambling — Temporary Trout Unlimited — Hiawatha Chapter — Raffle — May 6, 2000 St. Pius X Catholic Church — Raffle — May 19, 2000 EMU Association of Minnesota — Raffle — June 10, 2000 Gambling — Premise Permit Renewal Lourdes Foundation at Circus World Bingo Heating, Ventilating & Air Conditioning Megill Plumbing, Inc. — Rochester Master Installer Terry McGill, Rochester RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 7 — April 3, 2000 5825 1 Agenda Item D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 Master Plumber Megill Plumbing, Inc. — Rochester K & S Heating, Air Conditioning & Plumbing, Rochester Sewer & Drains Schumacher Excavating, Inc. — Zumbrota Sidewalks — Cement Thomas Ryan Cement Contracting — Rochester Sign Erection Elements, Inc., St. Paul Miscellaneous Street Use Race to Remember in Memory of Katlin Ringhofer — April 29, 2000 Lourdes High School Habitat For Humanity Walk-A-Thon— April 29, 2000 Rochester Track Club Spring Run — May 13, 2000 American Veterans — Freedom Run — May 21, 2000 Rochester Track Club — Women's running race — July 22, 2000 Approved the On -Sale Wine and 3.2 Beer Licenses for Rosco's Rootbeer and Ri 4180 18`h Avenue N.W. Approved Accounts Payable in the amount of $1,177,920.52. Approved the appointment of Dr. David Edmondson to the Building Code Board of Appeals for a second three-year term ending May 2002; and approved the appointment of Lee Tapper to the Heating, Ventilating and Air Conditioning Board c Review for a second three-year term ending November 2003. See at end of D Items. Accepted the donation of $1,000 from the Rochester Bank for the Police Honor Guard. Accepted the donation of $310 from the local chapter of M.A.D.D. to the Police Department for a breath tester. Adopted Resolution No. 205-00 approving a Development Agreement with Michael Younge Development, Inc. for the Orchard Hills North and South Subdivisions and voided the agreements dated September 18, 1995 and September 25, 1995. Adopted Resolution No. 206-00 approving a Development Agreement with IBM Corporation for right-of-way, land dedication and construction projects. Adopted Resolution No. 207-00 approving a Development Agreement with the Yates Family of Yates First Subdivision. See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _ 5 8 2 6 Regular Council Meeting No. 7 — April 3, 2000 Agenda Item D-17 D-18 D-19 D-20 D-21 D-3 Adopted Resolution No. 208-00 approving the execution of an Owner Contract with K & P Properties and Elcor Construction for Project No. J-9672 "Basic Construction to Serve Lots 6-8, Block 2, Lots 1-7, Block 3, Lot 4, Block 4, Lots 1-16, Block 5, Lot: 1-13, Block 6, Lots 1-8, Block 7, Lots 1-8, Block 8, Outlot C, including 65th Street N.W. and Freedom Drive N.W. from 65th Street N.W. to Outlot D, all in Orchard Ridge First Addition." Adopted Resolution No. 209-00 approving the execution of an Owner Contract with Leslie Lurken and S.L. Contracting for Project No. J-9683 "Basic Construction in Wedgewood Hills 3rd Subdivision — Phase II (All of Block 3 and Outlot A)." Adopted Resolution No. 210-00 approving the execution of an Owner Contract with Western Walls, Inc. and Elcor Construction for Project No.J-9680 "Basic construction in Rose Harbor Estates to serve all of Block 10, Lots 2-25, Block 3, and Lots 11-23, Block 2." Adopted Resolution No. 211-00 authorizing the City Clerk to advertise for bids for Project No. 9501 B (J-2005) "Traffic Operations Building - High Roof Replacement". Adopted Resolution No. 212-00 approving Change Order No. 2 with Gridor Construction for Miscellaneous Concrete Repairs at the Water Reclamation Plant for a decrease in the contract amount of $21,020.50. Ayes (7), Nays (0). Motion carried. Mayor Canfield pointed out the operating agreement that the City is entering into with Republic -Taylor Parking that will improve, increase and update the Rochester International Airport parking facilities as well as bring substantial revenue to the City. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 213- 00 approving a new parking lot operating agreement with Republic -Taylor Parking for the Rochester International Airport facility. Ayes (7), Nays (0). Motion carried. D-5 Councilmember McConnell thanked Mr. Erickson for his comments regarding the purchase of a gas turbine generator. He said that while he agrees with much of the testimony of Mr. Erickson, the City has come too far to not approve the request. Councilmembers McConnell moved, Marcoux seconded, to adopt the following Public Utility Resolutions: Resolution No. 214-00 approving an agreement with Turbo Power and Marine for a gas turbine generator not to exceed $15,850,000.00 and approving financing of the generator, installation, upgrade and maintenance of the existing generator and electric system improvements through the issuance of electric revenue bonds for approximately $37,000,000.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 7 — April 3, 2000 5827 C Agenda Item Resolution No. 215-00 approving an agreement with TMI Coatings, Inc. for water storage tank repair and repainting for $45,600.00. Resolution No. 216-00 approving a purchase order agreement with Bergerson- Caswell, Inc. for replacement of pumping units at Wells 17, 18, 28 and 32 for $88,670.00. Resolution No. 217-00 approving payment of the 2000 emission fee from the Minnesota Pollution Control Agency for the Silver Lake Plant for $98,132.63. Resolution No. 218-00 approving a Letter of Understanding with Windsor Chase Drive Homeowner's Association for the Windsor Chase Water System in the amount of $1.00 and approved the individual Agreements for Municipal Water Service with the owners. Ayes (7), Nays (0). Motion carried. D-10 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 219-00 approving a negative declaration on the Environmental Impact Statement for the Weatherstone Development. Ayes (6), Nays (1). Motion carried. Councilmember Hanson voted nay. D-16 Terry Adkins, City Attorney, questioned whether the amended development agreement should be with the Yates Family and not with Habitat for Humanity. Mike Nigbur, Public Works Department, responded that Habitat for Humanity is buying the lots and, therefore, are responsible for the obligations in the development agreement. Mr. Nigbur stated the Yates family will assign the development agreement to Habitat for Humanity. As such, the amended development agreement involves Habitat for Humanity. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 220-00 approving an amended Development Agreement with Habitat for Humanity Yates Family in Yates First Subdivision for Habitat for Humanity. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing on Type III, Phase I Final Plat #99-20 to be known as Orcharc Ridge First Addition located south of 65th Street N.W. and west of T.H. 52. No action was needed as the applicant had requested that the Council not consider the plat. E-2 A Continued Hearing on Type III, Phase I Final Plat #00-08 to be known as Yate's First Addition located west of 23rd Avenue S.W. and south of 5th Street S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 221- 00 approving Final Plat #00-08 to be known as Yate's First Addition. Ayes (7), Nays (0). Motion carried. r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5828 Reqular Council Meeting No. 7 — April 3, 2000 Agenda Item E-3 E-4 E-5 A Hearing on Zoning District Amendment #00-3 by Freedom Development and Consulting to amend the zoning district from H District to R-2 District on land located along the east side of 401h Avenue S.E., east of Eastwood Hills Second Subdivision. Wishing to be heard was Don Dekeyrel, 1101 Golfer's Court S.E. Mr. Dekeyrel concerned about the possible traffic impact to the neighborhood. He noted that traffic would be merging onto 40th Avenue and would also be impacting the 40th Street intersection with Highway 14. Wishing to be heard was Dave Bell, Freedom Development and Consulting, the developer of the project. Mr. Bell explained that the development would consist of single family homes, owned townhomes and rental townhomes. He estimated that approximately 450-500 people would be living in the development. Access would be 40th Avenue and Eastwood Road S.E. Wishing to be heard was Bob Patnaude, 1004 Double Eagle Avenue S.E. Mr. Patnaude asked about the rental townhomes. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Evans moved, Marcoux seconded, to approve Zoning District Amendment #00-3 by Freedom Development and Consulting and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #150 by Freedom Development and Consulting to be known as Valley View Estates located along the east side of 40tn Avenue S.E., east of Eastwood Hills Second Subdivision. Wishing to be heard was Dave Bell, Freedom Development and Consulting, noting his agreement with the ten conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve on General Development Plan #150 by Freedom Development and Consulting with ten conditions and the findings as noted on pages 105-108 in the Request for Council Action and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit #00-06 by Arcon Development, Inc. to be known as Hypointe, located east of 50th Avenue N.W., north of 61st Street N.W. and North Park Ninth Subdivision and includes the extension of Shetland Drive N.W. It was noted that the name Hypointe will be changed to Summit Pointe. C Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5829 Regular Council Meeting No. 7 — April 3, 2000 1 Agenda Item Councilmembers Hanson moved, Stobaugh seconded, to approve Land Subdivision Permit #00-06 by Arcon Development, Inc. to be known as Hypointe with six conditions. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Type III, Phase II Land Subdivision Permit #00-05 by Arnold Bomgaars to be known as Northern Heights North Fourth Subdivision located west of East Circle Drive, southeast of Rocky Creek Drive N.E. Wishing to be heard was Scott Blouw, Yaggy-Colby, representing the applicant. He noted that they were in agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Land Subdivision Permit #00-05 by Arnold Bomgaars to be known as Northern Heights North Fourth Subdivision and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Type III, Phase II Amendment to Planned Unit Development B-46, Northgate Shopping Center, south of 7th Street N.W., west of 11th Avenue N.W., to allow a second floor addition and exterior alterations. Wishing to be heard was Lloyd Johnson, Kane & Johnson Architects, representing the developer. He noted that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 222-00 approving II Amendment to Planned Unit Development B-46, Northgate Shopping Center with three conditions. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Type III, Phase II Amendment to Planned Unit Development R-40 to allow the building at 1617 Skyline Drive S.W. to be used for office use and business services. Wishing to be heard was Pat Capelle, 1705 Walden Lane S.W., representing the Walden Lane Townhome Association. Mr. Capelle lives directly behind the building. He was concerned about possible business uses for the building and would prefer it remain a dentist office. Wishing to be heard was Don Weinrich, 1617 Skyline Drive S.W., owner of the property. He stated that he was aware of the neighbor's concerns but would like to have the building available to more business services. He plans to have it remain a professional building; no retail sales. Mitzi Baker, Planning Department, told the Council that the Planning and Zoning Commission recommended that the building be used only for office uses and denied the use of it for business services. She also noted that the Council could se the times for the use of the building. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5830 Regular Council Meeting No. 7 — April 3, 2000 Agenda Item E-9 E-10 E-11 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 223-00 approving Amendment to Planned Unit Development R-40 for office use only with the hours of 6:00 A.M. to 9:00 P.M. Discussion. By consent, the Council amended the motion to set office hours Monday through Saturday, 6:00 A.M. to 6:00 P.M. and deny the request for business uses. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Conditional Use Permit #00-02 by Willow Creek Golf Course to allow for expansion on property located west of 11 th Avenue S.W., south of 48th Street S.W. Wishing to be heard was Brandon Anderson, representing the developer. He noted approval with the first two conditions and approval of the amended third condition to execute a pedestrian facility agreement with Public Works. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 224- 00 approving Conditional Use Permit #00-02 by Willow Creek Golf Course with two conditions and an amended third condition. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Amendment to Planned Unit Development R-11, Roscoe's Ribs, north of 41st Street N.W., east of 18th Avenue N.W. and west of the Cedarwood Mall, to serve 3.2 beer and wine. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 225- 00 approving Amendment to Planned Unit Development R-11 with one condition. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M0003 (J- 9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught's Subdivision". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 226-00 ordering Project No. M0003 (J-9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught's Subdivision" to be made. Ayes (7), Nays (0). Motion carried. E-12 A Hearing to Consider the Making of Local Improvement Project No. M002 (J-9599) "Sanitary Sewer and Watermain to Serve Baihly Woodland Subdivision". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 227- 00 ordering Project No. M002 (J-9599) "Sanitary Sewer and Watermain Extension 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 7 — April 3, 2000 5831 Agenda Item E-13 G-2a G-2b G-3a G-3b G-3c to Serve Baihly Woodland Subdivision" to be made. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M005 (J-960 "Sanitary Sewer and Watermain to Serve Woodland Hills Subdivision (Woodcrest Lane S.W.)". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers moved, seconded, to adopt Resolution No. 228-00 ordering Project No. M005 (J-9602) "Sanitary Sewer and Watermain to Serve Woodland Hills Subdivision (Woodcrest Lane S.W.)" to be made. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, that the project would be made contingent upon entering into an orderly annexation agreement with Rochester Township. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivisions 2 and 3 of Section 95.13 of the Rochester Code of Ordinances, Relating to Taxicab Rates, was given a first reading. An Ordinance Rezoning Certain Property From the H 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 first reading (East side of 40th Avenue S.E., East of Eastwood Hills Second Subdivision) An Ordinance Rezoning Certain Property From the R-1 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 Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of Salem Road S.W., West of Woodland Drive S.W.) An Ordinance Rezoning Certain Property From the H District to the R-2 District, From the H District to the R-3 District and From the H District to the M-1 District, and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (West of West Circle Drive, South of Valleyhigh Road N.W. — Badger Property) An Ordinance Annexing to the City of Rochester Approximately 6.40 Acres of Land Located in a Part of the Northwest Quarter of Section 29, township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Viola Road N.E., East of Century Hills Drive N.E.) r7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5832 Regular Council Meeting No. 7 — April 3, 2000 Agenda Item H-1 Councilmembers Hanson moved, Marcoux seconded, to remove from the table the Findings of Fact, Conclusions of Law, and Order for the Bituminous Plant Operation in the Restricted Development Conditional Use Permit #98-05. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to approve the Amended Findings of Fact, Conclusions of Law, and Order for the Bituminous Plant Operation in the Restricted Development Conditional Use Permit #98-05 for property located south of 40t" Street S.W., west of T.H. 63. Ayes (7), Nays (0). Motion carried. 1-1 Councilmembers Hanson moved, Marcoux seconded, adopt Resolution No. 229-00 extending the contract with Jerry Dooley for neighborhood development coordinator services to September 30, 2000. Ayes (7), Nays (0). Motion carried. 1-2 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 230- 00 extending the exclusive negotiation period with GAC TS (Times Square Project) to April 17, 2000. Ayes (5), Nays (2). Motion carried. Councilmembers McConnell and Stobaugh voted nay. Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City derk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA 5833 Regular Adjourned Meeting No. 8 —April 17, 2000 Agenda Item A-1 a A-1 b A-1 c D-1 D-1 D-2 D-3 D-4 D-5 Councilmember Senjem noted that he had attended the Crime Victims Rally and Candlelight Vigil on Saturday at which a city employee received an award. Jeanne Martin, Director of the Dodge-Fillmore-Olmsted Victim Services Program, then presented Officer Ell Umpierre with the outstanding provider award in recognition of work done by professionals in the criminal justice system. Ms. Martin stated that Officer Umpierre was tireless in her pursuit of justice for victims of crimes. Kevin Mullen, Royal Management Group, Annadale, Virginia, spoke to the Council about their potential downtown development project. He said that 18 months ago they had come before the Council with a proposal, they waited until the Time Square development had worked out, and then GAC announced one week ago that the project was not feasible. Mr. Mullen stated that they will be presenting on May 1 st to the Council their expanded proposal and will ask to be designated as an exclusive developer for the downtown area. David Blanchard, 502 17h Street S.E., spoke to the use of tax increment financing for the downtown Rochester area. Mr. Blanchard shared the philosophy of the citizens he represented; i.e. "When the City is making a public investment into a project through the use of tax increment financing, the City powers should exercise their fiduciary responsibility by insuring that the project is a good investment who will benefit everyone in our community with the least amount of risk to the public's investment." Mr. Blanchard asked that the City Council seek from the developers commitment to labor -peace assurances .before any public money is used ii projects. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None Councilmembers Hanson moved, Senjem seconded, to approve the following consent agenda items. Approved the minutes of the April 3, 2000, Council meeting. Approved the appropriation of $75,000 from the Future Construction Account for connection of sewer and water to the History Center. Approved $12,000 from the 2000 Contingency Account for host costs associated with the National League of Cities Transportation Infrastructure and Services Steering Committee. Adopted Resolution No. 231-00 reclassifying the vacant Library Associate I position to a Library Associate II position. See at end of D Items. the r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5834 Regular Adjourned Meeting No. 8 — April 17, 2000 Agenda Item M D-7 M. W*1 D-10 D-11 D-12 D-13 D-14 D-15 Approved the submission of a written request to the Olmsted County Board of Commissioners agreeing to extraterritorial land use control by the City of Rochester within the Orderly annexation Agreement Area in Marion Township. See at end of D Items. Adopted Resolution No. 232-00 approving a Joint Powers Agreement between the City of Rochester and the Minnesota Pollution Control Agency to allow the MPCA to reimburse RPU for the cost of the aquifer test conducted on municipal well #11 at a cost not to exceed $31,947.00. Approved the following licenses and bonds: Master Installer Duane Helgerson, Rochester Sidewalks — Cement DP Concrete LLP, Stewartville Sorensen Brothers, Inc., Albert Lea Sewer & Drains Chet Finley DBA Finley Excavating, Inc., Stewartville Komite Concrete, Racine Miscellaneous Street Use American Diabetes Association — Bicycling Tour — June 3, 2000 Mayo Medical School/AMA Student Section — Race/Walk for Charity — August 26, 2000 Leukemia & Lymphoma Society — Evening Walk — September 22, 2000 March of Dimes — Walk America — April 29, 2000 Veterans of Foreign Wars — Annual Buddy Poppy Sales — May 12 and 13, 2000 Approved Accounts Payable in the amount of $2,062,109.17. Adopted Resolution No. 233-00 accepting the low bid of Flexible Pipe Tool Company for one Hydraulic Sewer Rodding Machine for the Public Works Department at a cost of $42,500. Approved the submission of a grant application for $1,500 for funding of the April 20, 2000, disaster drill. Adopted Resolution No. 234-00 approving the position of Preplan Assistant in the Fire Department for James P. Richardt. See at end of D Items Adopted Resolution No. 235-00 approving a negative declaration on the Environmental Impact Statement for the Badger Ridge Development. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA - Regular Adjourned Meeting No. 8 — April 17, 2000 5835 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 Approved Annexation by Ordinance Petition #00-04 by Seneca Food Corporation to annex approximately 175.09 acres of land located south of 20th Street S.E., east of Highway 63 and north of Highway 52, in Section 13, Rochester Township, and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 236-00 approving a revocable permit to allow the placement of a non-standard storm sewer pipe within a drainage easement along Lot 1, block 1, Plaza 41 Northwest. Adopted Resolution No. 237-00 approving a Development Agreement with Fiksdal Motel of Rochester, LLC and Rochester Suites Hotel, LLC (Staybridge and Fiksdal Owner) and Joseph and Sandra Powers, Husband and Wife (Canadian Honker Restaurant Owner). Adopted Resolution No. 238-00 executing a City Owner Contract for Project No. J- 9663 "Basic Construction to Serve North Park Tenth Subdivision" contingent upon the approval of the North Park Tenth Subdivision Final Plat. Adopted Resolution No. 239-00 executing a City Owner Contract for Project No. J- 9670 "Wood Lake Park Second Subdivision — Phase III" Adopted Resolution No. 240-00 executing a City Owner Contract for Project No. J- 9619 "Basic Construction to Serve Spruce Meadows Subdivision". Adopted Resolution No. 241-00 executing an amended City Owner Contract for Project No. J-9672 "Basic Construction to Serve Lots 6-8, Block 2, Lots 1-7, Block 3, Lot 4, Block 4, Lots 14-29, Block 4, Lots 1-13, Block 6, Lots 1-8, Block 7, Lots 1- 8, Block 8, Outlot C, including 651h Street N.W. and Freedom Drive N.W. from 65th Street N.W. to the southerly point of Lot 4, Block 4, all in Orchard Ridge First Addition". Adopted Resolution No. 242-00 executing Pedestrian Facilities Agreements to address the Owner's obligation for Valley Golf, Incorporated for a ten -foot wide bituminous pedestrian path along the owner's frontage of 111h Avenue S.W. and Western Walls, Inc. for pedestrian facilities along 7th Street N.W. within Diamond Ridge 17th Subdivision. Adopted Resolution No.243-00 authorizing the City Clerk to advertise for bids for Project No. J-9656 "Public Improvements to Sunset Avenue, Rose Avenue, and Harbor Parkway in Rose Harbor". Adopted Resolution No. 244-00 entering into a Utility Connection Agreement with Mr. and Mrs. John C. Magnotto, 2711 Salem Road S.E. Adopted Resolution No. 245-00 accepting the feasibility report for Project No. M001 (J-9598) "Trunkline Sanitary Sewer From the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve Sewer Districts 16A, 16B, 16C and 16D in Marion Township". r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5836 Regular Adjourned Meeting No. 8 — April 17, 2000 Agenda Item D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 Adopted Resolution No. 246-00 conditionally awarding the contract for Project No. M001 (J-9598) "Trunkline Sanitary Sewer From the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve Sewer Districts 16A, 16B, 16C and 16D in Marion Township" to Arcon Construction for $747,233.43. Award was conditional upon the City receiving a MPCA Permit for installing the trunkline sewer. Adopted Resolution No. 247-00 referring the petition from the residents in the Osjor Well Association Area to the Public Works Department to determine the feasibility of extending sewer and water to serve the area. Adopted Resolution No. 248-00 awarding the contract to Winkels Electric for $144,436.28 for Project No. 9859 (J-6394) SAP 159-106-15 "Traffic Signals at Intersection of 2"d Street and 161h Avenue S.W.". Adopted Resolution No. 249-00 awarding the contract to Rochester Sand & Gravel in the amount of $136,333.28 for Project No. 6312-1-99 (J-9542) "Reconstruction of 12th Avenue N.E. from 14th Street N.E. to End of Cul-de-Sac". Adopted Resolution No. 250-00 awarding the 2000 Season Supply of Bituminous Materials to Rochester Sand & Gravel. Adopted Resolution No. 251-00 awarding the 2000 Season Supply of Ready -Mixed Concrete to Rochester Ready Mix. Adopted Resolution No.252-00 awarding the 2000 Season Supply of Asphalt Materials to Koch Materials Company. Adopted Resolution No.253-00 awarding the 2000 Season Supply of Aggregate Materials to Builders Sand & Gravel, Shamrock Enterprises, and Milestone Materials. Adopted Resolution No. 254-00 approving a revocable permit to Canadian Honker for reserved parking privileges over those parking spaced located on the west side of 121h Avenue from 1 st Street to 2"d Street and those located on the south side of Vt Street S.W. from 12th Avenue west a distance of 240 feet, all abutting Canadian Honker property. Adopted Resolution No. 255-00 awarding the contract for Project No. J-6399 "Year 2000 Traffic Signal Painting Program" and Project No. J-4961 "Year 2000 Parking Ramp Painting" to Wet Paint at a cost of $50,788.00. Adopted Resolution No. 256-00 executing a letter releasing claims and waiving the City's subrogation rights against Himec Mobile Crane Service for damages in excess of $1,000,000.00; the crane will be removing Unit #4 rotor from the Silver Lake Plant. Approved funding of $29,000 for the 173rd Airborne City activities in Rochester C Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 — April 17, 2000 5837 Agenda Item D-5 Councilmember Evans inquired as to why the application for the position of Administrative Services Manager was starting at such a high rate of pay. Linda Gilsrud, Human Resources Director, and Steve Kvenvold, City Administrator, explained that the position had been lowered and reclassified to a civil position from the present Fire Department position, had assumed more and varied responsibilities than the previous position, and would be needed for a highly - qualified individual. They also explained that because it will now be a civil position, a considerable savings of salary would be realized by the City. Ms. Gilsrud stated that the preferred applicant is near the top of the salary offered and the City would not be able to obtain him for less. Mr. Kvenvold stated that he felt that the Personnel Action Committee should look at the policy that they use and perhaps involve the Council as to a recommendation for hiring. Councilmembers Marcoux moved, Stobaugh seconded, to approve the appointment of Jeffrey Leland to the position of Administrative Services Manager for the Fire Department at a salary of $61,500.00. Ayes (4), Nays (3). Upon roll call, Councilmembers Hanson, Marcoux, Stobaugh and President Hunziker voted aye; Councilmembers Evans, McConnell, Senjem voted nay. Motion carried. D-7 Councilmember Senjem asked if some of the monies could be used for the sewer and water extension services. He was informed that they could not. Councilmembers Senjem moved, Stobaugh seconded, to approved accepting the request award of $606,000 for Community Development Block Grant Awards from the Department of Housing and Urban Development for Year 2000. Ayes (7), Nays (0). Motion carried. D-14 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 256A- 00 approving the revised fee structures for wetland and zoning. Ayes (7), Nays (0). Motion carried. E-1 A Hearing on Type III, Phase I Final Plat #00-10 to be known as The Gardens located north of 451h Street S.E., east of St. Bridget Road. The applicant has requested that the hearing be continued to the May 1st meeting. No one wished to be heard at this time. Councilmembers Evans moved, Stobaugh seconded, to continue the hearing to the May 1, 2000, meeting. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on Final Plat #99-41 to be known as Eagle Ridge North Second Subdivision located along the north side of Wimbledon Hills Drive S.W., adjacent to Eagle Ridge First Subdivision. Wishing to be heard was McKaren Baird, 3143 Edgewater View, Woodbury, Minnesota. Mr. Baird will be moving to Rochester in the next few weeks living at 302 Bunker Lane S.W. He stated that his new property will be adjoining the plat in question. Mr. Baird felt that not enough open space now exists and to allow houseE RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5838 Regular Adjourned Meeting No. 8 — April 17, 2000 Agenda Item E-3 E-4 to be built upon this portion of land will take more open space. He noted that the property is a very high ravine topography that will be difficult to build on. He said that the only other open space in around the horseshoe -development; that open space drops sharply from the houses as well. Terry Spaeth, Administration, noted that the area to be platted was originally designed in the General Development Plan as open space but the Planned Unit Development was amended to allow for building. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 257-00 approving Final Plat #99-41 to be known as Eagle Ridge North Second Subdivision with three conditions. Ayes (7), Nays (0), Motion carried. A Hearing on Type III, Phase I Final Plat #99-50 to be known as North Park Tenth Subdivision located east of Savannah Drive N.W., northwest of Fairway Drive N.W. and north of North Park Fourth and Sixth Subdivisions. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant and available for questions. He noted that the development agreement had been executed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 258- 00 approving Final Plat #99-50 to be known as North Park Tenth Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-02 by Rochester Pentecostal Church to vacate a four -foot utility easement on property located north of Sheffield Lane S.E., east of 36th Avenue S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 259- 00 approving Vacation Petition #00-02 by Rochester Pentecostal Church. Ayes (7), Nays (0). Motion carried. E-5 IA Hearing To Establish Development District No. 15, adopt the Development Program and Establish a new Tax Increment Financing District No. 15-1. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 260-00 establishing Development District #15 and Tax Increment financing District #15-1 for Weatherstone Townhomes Housing Project by Shelter. Ayes (7), Nays (0). Motion carried 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 — April 17, 2000 5839 1 Agenda Item L9 F-1 F-2 G-2a G-3a 1-1 A Hearing to Consider the Making of Local Improvement Project No. J-9578 "Improve 50th Avenue N.W. and Extend Sanitary Sewer and Water Service to Undeveloped Lands Along 50th Avenue N.W.". Wishing to be heard was Greg Kerwin, 6405 50th Avenue N.W., asking about the roadway extension. He was informed that the roadway would be extended to 65th Street. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to table to May 1st, 2000, Project No. J-9578 "Improve 50th Avenue N.W. and Extend Sanitary Sewer and Water Service to Undeveloped Lands Along 501h Avenue N.W." Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 261- 00 approving and authorizing the execution of a Development Assistance Agreement with Weatherstone Townhomes Limited Partnership. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 262- 00 providing for the Issuance and Sale of Multifamily Housing Revenue Bonds to Provide Funds for a Multifamily Housing Project on Behalf of Weatherstone Townhomes Limited Partnership. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 175.09 Acres of Land Legally Described As A Part of the Northwest Quarter and the North Half of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 13, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 20th Street S.E., East of Highway 63, North of Highway 52) An Ordinance Rezoning Certain Property From the R-1 District to the R-1X 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 Senjem moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Viola Road, East of Century Hills Drive N.E.) Councilmember Hanson moved, Stobaugh seconded, to initiate rezoning of the East 124 feet of Lot 4, Block 17, Golden Hill Addition, in Southeast Rochester from M-1 (Commercial/Industrial) to R-1 (Residential). Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers McConnell moved, Marcoux seconded, to adjourn the meeting. Aye (7), Nays (0). Motion carried. City Clerk r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5840 Requiar Council Meeting No. 9 — May T,72000 Agenda Item A-1 B-1 C-1 C-2 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order.at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Craig Wendland, Attorney for GAC-TS Development, gave a brief recap of the events on the Time Square Development in downtown Rochester. He noted that two weeks ago the project was withdrawn when it was found out that the Mayo Foundation would not be using office space in the development. He stated that Mr. Chafoulias is now ready to present a scaled -down Time Square development for the City. The new development will consist of 950,000 square feet of residential apartments, retail and office space. The following people, individuals and business owners, spoke in favor of a Time Square Development in downtown Rochester. James McComb, McComb Group Svaar Vinje, 2009 23`d Street N.W., Knights Chamber, Galleria Carol Bitton, 921 Greenbriar Road S.W., Counterpoint, Galleria Al Berning, 1439 Bell Oaks Lane S.W. Bill Tointon, 1604 Teton Lane N.W. Paul Barton, 923 20th Street N.W. Joe Powers, 1110 Buck Ridge Drive N.E. Gary Smith, Rochester Area Economic Development Don Sudor, 612 15th Avenue S.W. Sandy Keith, Rochester Chuck Elliott, 2516 North Ridge Lane N.E. Virginia Smith, 836 Memorial Parkway S.W., owner of Ginny's Fine Fabrics, 12 South Broadway. She currently leases, and has for seven years, the best independently owned space in downtown Rochester. Eighteen months ago she expected to be moved due to the development on the old Library block. Since that time, she stated that her business has been put on hold. Anticipating the need for moving, she put down earnest money on a new location, bought more stock and then found out that the development collapsed. She feels that it is time to "Fish or Cut Bait". Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 263-00 referring the petition from Hartman Farms, Inc. for "Basic Construction in Circle 19 Plaza 1 st" to the Public Works Department for a feasibility study. Councilmembers McConnell moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the April 17, 2000 meeting. Approved appropriating $1,200 from the Contingency Account for the 2001 RADAR 9-Ball Classic. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5841 Agenda Item D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 Adopted Resolution No. 264-00 expressing the City's opposition to the extension or expansion of the Internet Taxation Freedom Act of 1998. Approved granting the Mayor the authority to declare a curfew in the event of an emergency in the community and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 265-00 authorizing the sale of the Tropic Bowl property and the single family home at 502/504 5t" Avenue S.E. to ISD #535 for $500,000. Adopted Resolution No. 266-00 approving the orderly annexation agreement with Rochester Township for the Southport Subdivision. Approved the donation of the old Council Chamber cameras to ISD #535 RITS TV Studio. Adopted Resolution No. 267-00 approving the sale of a 25'x60' strip of land on South Broadway immediately north of Hazama Park and south of Harold's Auto Electric to Historic Riverside Partners.for $11,000.- Adopted Resolution No. 268-00 authorizing the City Clerk to advertise for bids for Project No. J-6911 "Phase II Runway and Ramp Paving Projects at the Rochester International Airport". Adopted the following Public Utility Resolutions: Resolution No. 269-00 entering into a purchase order agreement with Ziegler Power Systems for the rental of two diesel generating sets for the period of June 15 through September 15, 2000, at a cost of $129,300.00. Resolution No. 270-00 approving the RPU Open Access Transmission Tarriff. Approved the following licenses and miscellaneous activities: Gambling — Premise Permit Dover Fire Relief Association_at Wright Stuff Restaurant Gambling — Raffles Turn In Poachers — Raffle — April 28, 2000 (requested waiver of 30-day holding period) Soldiers Field Veterans Memorial, Inc. — Raffle — June 26, 2000 Heating Contractor Snell Mechanical, Inc., Bloomington Master Installer Earl Snell, Richfield r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5842 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item D-12 D-13 D-14 D-15 D-16 Moving Permit — House Roger Crews DBA Crews House Moving —1832 16th Avenue N.W.to LeRoy — May 2, 2000 Progressive House Movers, Inc. —from 1836 16th Avenue N.W. to Eyota — May 3, 2000 Outdoor Dining Victoria's Restaurant, 21 Second Street S.W. Hypat Investments', -Inc. DBA-O'Neills Pizza Pub, 7 Second Street S.W. Sewer & Drain Joseph Wingert DBA Heartland Excavating, Inc., Plainview Sidewalks — Cement Shoreline Cable, Davenport, Iowa Sound Amplification Permits Dr. John & Nancy Gross — Neighborhood Teacher Retirement Party — 3212 Fox Hollow Court S.W. — June 3, 2000 (requested waiver of time restriction — will go from 6 to 10 PM) Million Mom March Rally — Rally for Sensible Gun Laws — May 7, 2000 Victim Services — Victim Rights Week Rally & Candlelight Vigil — April 15, 2000 (prior approvals by Marcoux, McConnell, Hanson, Senjem) St. John's Catholic Church — Procession of the Cross — April 21, 2000 (prior approvals by Stobaugh, Evans, Marcoux, Hanson) Evangel United Methodist Church — Live Outdoor Concert — June 4, 2000 Famous Dave's Restaurant — Three -Piece Blues Band — Monday Evenings from 5 to 9 PM Miscellaneous Street Use Million Mom March Rally — Rally for Sensible Gun Laws — May 7, 2000 Rochester Park & Recreation - Centurion Bike Ride — August 8, 2000 Veterans Memorial Association — Memorial Day Parade — May 29, 2000 Approved an On -Sale Wine and 3.2% Beer License for Trips, Inc. DBA Hawthorn Suites, 2829 43rd Street N.W. pending departmental approvals and required documents. Approved Accounts Payable in the amount of $2,122,157.82. Approved the appointment of Kaye Fenske to the Citizens Advisory Committee on Transit to fill the unexpired term of Susan Nelson running to December 31, 2002. Adopted Resolution No. 271-00 approving the Environmental Impact Statement for the Summit Point Development with a negative declaration. Withdrawn. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5843 1 Agenda Item D-17 D-18 Adopted Resolution No. 272-00 approving an amendment to the five-year management contract with Republic Parking System of Chattanooga, Tennessee, to allow an adjustment in the management fee for contract Year 2 (April 1, 2000- March 31, 2001). Adopted Resolution No. 273-00 authorizing the execution of a Storm Water Management Agreement with Payne Company for a portion of Century Hills Development. D-19 I Withdrawn. D-20 D-21 D-22 D-23 D-24 D-25 D-26 Adopted Resolution No. 274-00 authorizing the execution of a City -Owner Contract for Project No. J-9671 "Watermain to Serve Avalon Cove — Phase II" with Bouquet Builders, Inc. & Elcor Construction. Adopted Resolution No. 275-00 authorizing the execution of a City -Owner Contract for Project No. J-9633 "Basic Construction to Serve South Pointe Fifth Subdivision" with All Pointe Development and Elcor Construction. Adopted Resolution No. 276-00 authorizing the execution of a City -Owner Contract for Project No. J-9679 "Watermain and Hydrant to Serve the Touchless 2000 Carwash (Lot 2, block 1, Wood lake Park)" with Touchless 2000 LLC and JECH Excavating. Adopted Resolution No. 277-00 authorizing the execution of a City -Owner Contract for Project No. J-9647 "Sanitary Sewer and Watermain to Serve The Gardens — Phase I" with Gardens Manufacturing Home Community LLC and Elcor Construction. Adopted Resolution No. 278-00 authorizing the City Clerk to advertise for bids for Project No. M013 (J-9634) "Sanitary Sewer Extension along a portion of 18th Avenue N.W." Adopted Resolution No. 279-00 authorizing the City Clerk to advertise for bids for Project M051 (J-6397) "Intersection Improvements and Signal System at 41st Street N.W. and West Frontage Road". Adopted Resolution No. 280-00 seeking the Commissioner of Transportation's approval for a design variance for Project No. 6316-4-97 (J-2261) "Construction of 16th Avenue N.W. from Civic Center Drive to 7th Street N.W." D-27 Adopted Resolution No. 281-00 accepting the feasibility report for Project No. M004 (J-9601) "Sanitary Sewer to Serve Nelson's & Christopher Courts Subdivisions and the South Side of Marion Road S.E.; and Sewer and Water to Serve 20th Street S.E. from Marion Road S.E. to 200 Feet East of 37th Avenue S.E. & Samelians Subdivisions" and setting a hearing to consider the making of the Project on June 5 2000. r-� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5844 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 Adopted Resolution No. 282-00 authorizing the City Clerk to advertise for bids for Project No. M-003 (J-9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught's Subdivision". Adopted Resolution Nos. 283-00 and 284-00 accepting the feasibility reports for Project No.M-006 (J-9603) "Water Tower to Serve Southeast Service Area (Rose Harbor Site)" and Project No. M007 (J-9604) "Trunk Watermain in Southeast Service Area". Adopted Resolution No. 285-00 authorizing the City Clerk to advertise for bids for Project No. M002 (J-9599) "Sanitary Sewer and Watermain to Serve Baihly Woodland Subdivision". Adopted Resolution No. 286-00 accepting the feasibility report for Project No. 9918 (J-9595) "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W." and setting a hearing to consider the making of the Project on June 5, 2000. Approved Amendments to RCO Chapter 72: Maintenance and Repair of Sidewalks and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 287-00 authorizing Engineering Service Agreements with Bonestroo Rosene Anderlik & Associations for preparation of project memorandums and preliminary designs for Bike Path Project No. J-4940 "Viola Road N.E. from 14th Avenue N.E. to Parkwood Hills Drive" and Project No. J-4941 "West Circle Drive S.W. from 2"d Street S.W. to Bamber Valley Road". Approved the rejection of bids for Project No. 6202-3-98 (J-4950) "Second Street S.W. Bike Trail from 23d Avenue S.W. to West Circle Drive"; bids were much high than engineering estimates. Adopted Resolution No. 288-00 authorizing a Professional Services Agreement with Bonestroo Rosene Anderlik & Associations for surveying services for preparation of preliminary plans in an amount not to exceed $25,200 for Project No. 6300-N-00 (J-9689) "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 4th Street to Northern Heights Drive". Adopted Resolution No. 289-00 awarding the contract to Nieman Roofing for Project No. 9501 B (J-2005) "Traffic Operations Building High Roof' at a cost of $100,888.00. Adopted Resolution No. 290-00 authorizing a public hearing to be held on June 5, 2000 to establish Residential Permit Parking Zone #8 (Kutzky Neighborhood) from 7:00 AM to 5:00 PM. Adopted Resolution No. 291-00 authorizing the City Clerk to advertise for bids for Project No. 8215-35-2000 (J-2574) "Upgrade Parking Revenue Control System". Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5845 Agenda Item E-1 E-2 E-3 E-4 A Hearing on Type III, Phase II Amendment to the Final Plan which covers the Apache Mall Shopping Center to allow an expansion on the west side of the center. Wishing to be heard was Lisa Callahan, General Growth Properties, Chicago, She noted their agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No.292-00 approving Amendment to the Final Plan which covers the Apache Mall Shopping Center with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-01 by General Growth Properties (Apache Mall) to vacate a 10 foot utility easement lying on the westerly side and parallel to the mall at the Food Court and running southerly to the north edge of Dayton's property. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 293-00 approving Vacation Petition #00-01 by General Growth Properties (Apache Mall) with two conditions. Ayes (7), Nays 90). Motion carried. A Hearing on Type III, Phase I Final Plat #00-18 to be known as Diamond Ridge Eighteen located south of Highway 14, north of Valley Drive N.W. Mike Nigbur, Public Works, informed the Council that condition #2 should be removed as the easement is not necessary. Mitzi Baker, Planning Department, asked that a condition be added stating: "That parkland dedication requirements be.met via dedication of 0.84 acres of land per the attached memo from Rochester Park and Recreation dated April 12, 2000". Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W. Mr. DeWitz stated that they were in agreement with the original conditions and with the added condition from the Planning Department. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 294-00 approving Final Plat #00-18 to be known as Diamond Ridge Eighteen with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-03 by Professional Skaters Association to vacate a Drainage and Utility Easement located on Lot 4, Block 1, Country Club Estates Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5846 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item E-5 E-6 E-7 E-8 Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 295-00 approving Vacation Petition #00-03 by Professional Skaters Association with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-11 to be known as Manor Woods West Twelfth Subdivision located south of 51h Street N.W., north of 4th Street N.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Additional right-of-way will be dedicated for Manor Park Drive N.W. They were in agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve on Preliminary Plat #00-11 to be known as Manor Woods West Twelfth Subdivision with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Amendment to the Final Plan for the Planned Unit Development B-24 which covers the Best Western/Midway Office Plaza located north of 16th Street S.W., east of Greenview Drive S.W., to allow for a building and free standing business sign. Wishing to be heard was Pete Schuller, AB Systems, representing the applicant. He noted their agreement with the eight conditions. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 296-00 approving Amendment to the Final Plan for the Planned Unit Development B-24 with eight conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-09 to be known as Weatherstone CIC #166 Subdivision located west of 50th Avenue N.W., north of the Douglas Trail. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted their agreement with the nine conditions but asked to have condition #7 eliminated as there are no wetlands on the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve Preliminary Plat #00-09 to be known as Weatherstone CIC #166 Subdivision with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusio of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6309-3-99 (J-9524) "Reconstruction of 9th Avenue S.W. From 2"d Street S.W. to 4th Street S.W.". 1 [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5847 Agenda Item Wishing to be heard was Ken Boyer, 827 Fourth Street S.W., representing the owner of the property, his wife. Mr. Boyer was concerned about the improvement tc 91h Avenue as it is a very steep hill. If the grade is lowered, the street will be lowered on his property and it will make access to the driveway extremely difficult. Public Works will be working with Mr. Boyer on the lowering of the street; it will be lowered only very slightly. Wishing to be heard was Paula Schomberg-Ames 316 Ninth Avenue S.W. She was concerned about any plans to widen the street. If widened, the street would be within feet of her garage. She was informed by the Public Works Department that very little widening would occur. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 297-00 approving Local Improvement Project No. 6309-3-99 �J-9524) "Reconstruction of 9th Avenue S.W. From 2"d Street S.W. to 4t Street S.W.". Ayes (7), Nays (0). Motion carried. E-9 A Hearing on the Proposed Assessment for Local Improvement Project No. 6309-3- 99 (J-9524) "Reconstruction of 9th Avenue S.W. From 2"d Street S.W. to 4th Street S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Mike Nigbur, Public Works Department, informed the Council that the assessment for the property owned by the Ronald McDonald House (Plat 1600 Parcels 28200 and 28700) would be reduced from $48.00 to $30.00 per assessable foot. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 298-00 approving the Assessment for Local Improvement Project No. 6309-3-99 (J-9524) "Reconstruction of 9th Avenue S.W. From 2"d Street S.W. to 4th Street S.W.". E-10 A Hearing to Consider Local Improvement Project No. 6921-00 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West of Cul-De-Sac". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 299- 00 approving Local Improvement Project No. 6921-00 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West of Cul-De-Sac". Ayes (7), Nays-(0). Motion carried. E-11 A Hearing on the Proposed Assessment for Local Improvement Project No. 6921- 00 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West of Cul-De-Sac". Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5$4g CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 Agenda Item E-12 E-13 E-14 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 300-00 approving the Assessment for Local Improvement Project No. 6921-00 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West of Cul-De-Sac". Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-24 to be known as Essex Estates 5th Subdivision located east of Cornwell Drive N.W. and north of Realife Cooperative 1 Rochester and the Aldrich Memorial Nursery School. Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.E., developer of Essex Estates. Mr. Kottschade related the history of Essex from beginning opposition from the neighborhood to the nationally recognized developmental community that it has become. This application for Final Plat is the final phase consisting of 70 lots. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 301-00 approving Final Plat #99-24 to be known as Essex Estates 5th Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-19 to be known as Manorwood Lakes Fifth located south of Lake Street N.W. and Lake Vista Drive N.W. Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W., noting their agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 302-00 approving Final Plat #00-19 to be known as Manorwood Lakes Fifth with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-20 to be known as Manorwood Lakes Sixth located south of 7th Street N.W., north of Lake Street N.W. Mike Nigbur, Public Works, noted that condition #4 should be removed from the plat. Wishing to be heard was Chuck DeWitz, 604 111h Avenue N.W. Mr. DeWitz was questioning the parkland dedication at 12 percent rather than 10 percent. He also asked if the wetland delineation condition could be removed. Denny Stotz, Park Department, stated that the dedication factor, whether 6, 10, or 12 percent, is based on the acreage in the plat divided by the number of dwelling units which equals the density factor. The density factor is outlined on a chart which tells the amount of dedication. He said this process is identical to the process used in all other parkland dedication issues. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5849 1 Agenda Item E-15 E-16 E-17 Terry Adkins, City Attorney, stated that either the applicant goes through the replacement process for wetland delineation and gets the approval from the LGU or the TEP panel or he shows sufficient evidence that he is entitled to an exemption. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 303-00 approving Final Plat #00-20 to be known as Manorwood Lakes Sixth with five conditions. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Type III, Phase I Final Plat #00-10 to be known as The Gardens located north of 45th Street S.E., east of St. Bridget Road. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 304- 00 approving Final Plat #00-10 to be known as The Gardens with six conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-12 to be known as Northern Trails located along the west side of 50th Avenue N.W. and south of 65th Street N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He stated that this is the first phase of the GDP approved in April. Six public streets and right-of-way for 50th Avenue will be completed. Middlebrook Drive, running along the south property line which is half on the Weatherstone property, is in accordance with the GDP and White Oaks Development is in agreement with the entire roadway. Two small wetlands are also impacted and a wetland plan is being prepared by the environmental staff. Mr. Masterpole noted that they are in agreement with the eight conditions. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Preliminary Plat #00-12 to be known as Northern Trails with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase III Conditional Use Permit #00-07 by Franklin Kottschade to allow filling within the Flood Prone district located along the south side of 40th Street S.W., east of 11th Avenue S.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. They were in agreement with the two conditions recommended. Wishing to be heard was Brad Nelson, 1105 40th Street S.W. He noted that the neighborhood felt that the project should proceed to run concurrently with 40th Street S.W. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5850 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item E-18 Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 305-00 approving III Conditional Use Permit #00-07 by Franklin Kottschade with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Incentive Development Conditional Use Permit #00 6 and Variance #00-5 by the Kendal Group to allow for an apartment building on land zoned B-1 located along the east side of 3rd Avenue N.W., south of Elton Hills Drive and west of the Zumbro River. Terry Adkins, City Attorney, noted that there was no appeal taken from the Planni Commission's action on the variance. Therefore, the variance issue is not before the Council. Brent Svenby, Planning Department, stated that the applicant asked the Council to waive review of future phases of the project. Roxanne Schlasner, 215 Elton Hills Drive, #7 Viking Village. Ms. Schlasner was concerned about the traffic speed limits on Elton Hills Drive and the impact of a housing development. She noted that the speed ranges from 30 to 40 miles per hour in this area. Richard Freese, Public Works, stated that a speed study will be submitted to the State for review; this particular street is on the Municipal State Aid Street system. Wishing to be heard was Robert Havens, 21 Viking Village Drive N.W., confirming that the City should look into the speed limit on the street. Wishing to be heard was Dan Berndt, Dunlap & Seeger Law Office, representing the developer. He noted that condition #7 has been added, which they are in agreement with, and that condition #5 has been satisfied. They are in agreement with the remaining conditions. Wishing to be heard was Nancy Miller, TDI Associates, Pewaukee, Wisconsin, representing the applicant. There are two access points, both from Third Avenue, to the development. Terry Adkins, City Attorney, asked that condition #7 be amended to read: ...recommends that the applicant must replace all trees...". Mr. Berndt agreed the recommended change. Wishing to be heard was Mac Hamilton, owner and manager of the Valhalla Centel He was concerned about the access which will be across from the Valhalla Center. The staff will provide him the information necessary. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 306- approving Incentive Development Conditional Use Permit #00-6 by the Kendal Group with six conditions, removing condition #5 and amending condition #6 (old #7). Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5851 1 Agenda Item E-19 E-20 E-21 E-22 Councilmembers Evans moved, Stobaugh seconded, to waive the Final Plan. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-07 by Schoenfelders Southstar, Inc. to annex land located along the east side of 23rd Avenue S.E. and land south of 28th Street S.E. in Section 18, Marion Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Annexation Petition #00-07 by Schoenfelders Southstar, Inc. and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-06 by Olmsted County and Badger Development, LLC to annex land located along the west side of West Circle Drive, south of Valleyhigh Road N.W. and north of 19th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation Petition #00-06 by Olmsted County and Badger Development, LLC and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #00-03 by Olmsted County and Badger Development, LLC to allow for commercial land use designation on property located along the west side of West Circle Drive, south of Valleyhigh Road N.W. and north of 19th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 307-00 approving Land Use Plan Amendment #00-03 by Olmsted County and Badger Development, LLC and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Zone Change Petition #00-05 by Olmsted County and Badger Development, LLC to allow for M-1 zoning on property located along the west side of West Circle Drive, south of Valleyhigh Road N.W. and north of 19th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Zone Change Petition #00-05 by Olmsted County and Badger Development, LLC and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order and the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5852 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item E-23 E-24 A Hearing on Preliminary Plat #00-13 and Variance #00-6 to be known as Badger Ridge located along the south side of Valleyhigh Road N.W., west of West Circle Drive. Terry Adkins, City Attorney, noted that there was no appeal taken from the Planning Commission's action on the variance. Therefore, the variance issue is not before the Council. Wishing to be heard was Mac Hamilton, 400 South Broadway, representing Badger Development. Mr. Hamilton noted their agreement with the conditions with the exception of conditions #5, #7 and #12. He disagrees with condition #5 in that he was not aware that sidewalks are required in an industrial zone. Another of his developments to the east did not require sidewalks and they should not be required on both sides of the street. They would like to discuss this condition further with staff. He noted that there were no wetlands, therefore, the condition #7 should be waived. The Fire Department will not hold up development of the building under condition #12 so long as no one occupies the building. Condition #14 is a new condition which they have no problem with. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Preliminary Plat #00-13 to be known as Badger Ridge with fourteen conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Conditional Use Permit #00-03 by Mathy Construction to allow for sand and gravel extraction and fill on property located west of T.H. 52, north of 2Id Street N.W. Wishing to be heard was Bill Tointon, McGhie & Betts Mr. Tointon stated that this is fill from the north side for the residential area, it provides water quality treatment and also provides for flood storage. There is a five-year limitation on the mining operation, running to May 1, 2005. They are in agreement with the four conditions. Mr.Tointon talked about the property to the west of the development and the possibility of using it for parkland. Denny Stotz, Park Department, stated that the Park Department is not interested in the land as it contains about eleven feet of fill debris which would be cost prohibitive to remove. Steve Kvenvold, City Administrator, noted the future liability the City could be involved in if the land became a park. Wishing to be heard was Don Staley, 2435 Aspen Lane S.W., one of the applicants, said that there are no pollutants on the land but that it is unbuildable because of the building debris contained underground. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5853 1 Agenda Item Wishing to be heard was Curt Machholz. Mr. Machholz was speaking on behalf of the homeless in Rochester. He was concerned that there is no place for the homeless to settle and thought that the intended parkland would provide such a refuge. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 308-00 approving Conditional Use Permit #00-03 by Mathy Construction with four conditions. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember Evans abstained. E-25 A Hearing on City Council Initiated Text Amendment #00-01 to amend Section 60.327 of the Rochester Zoning Ordinance and Land Development Manual relating to reviewing development proposals and amending an approved site/development plans within a SD Special District. Wishing to be heard was Kent Milligan, 4212 York Lane N.W., asking if the ordinance is approved, will it result in other developments adjacent to the Lincolnshire property. Terry Adkins, City Attorney, explained that the ordinance will allow the Council to have a clearer understanding of any development under review. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve City Council Initiated Text Amendment #00-01 to amend Section 60.327 of the Rochester Zoning Ordinance and Land Development Manual and instructed the City Attorney to prepare the required ordinance. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 309-00 authorizing the implementation of Phase II of the Public Safety System replacement Plan in the Rochester Police Department. Ayes (7), Nays (0). Motion carried. G-2a An Ordinance creating and enacting Section 85A.21 of the Rochester Code of Ordinances, Relating to a Curfew During a Local Emergency, was given a first reading. G-2b An Ordinance Amending and Reenacting Sections 72.04, 72.05, 72.06 and 72.10 of the Rochester Code of Ordinances, Relating to the Time Deadline for the Maintenance and Repair of Sidewalks, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5854 Regular Council Meeting No. 9 — May 1, 2000 Agenda Item G-2c G-2d G-2e G-2f G-3a G-3b H-1 An Ordinance Annexing to the City of Rochester Approximately 49.91 Acres of Land Located in a Part of the Northeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 4.92 Acres of Land Located in a Part of the Southeast Quarter of the Southeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a firs reading. An Ordinance Rezoning Certain Property From the A-4 District to the M-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. An Ordinance Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to Development Criteria for Special Districts, was given a first reading. An Ordinance Rezoning Certain Property From the H 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 McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of 40th Avenue S.E., East of Eastwood Hills Second Subdivision) An Ordinance Amending and Reenacting Subdivisions 2 and 3 of Section 95.13 of the Rochester Code of Ordinances, Relating to Taxicab Rates, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to remove from the table Project No. 6350-4-99 (J-9578) "Improve 50th Avenue N.W. and Extend Sanitary Sewer & Water Service to undeveloped lands along 50th Avenue N.W." Ayes (7), Nays (0). Motion carried. It was noted that development agreements will need to be signed by June 25, 2000, to allow the construction of the project. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 310- 00 approving Project No. 6350-4-99 (J-9578) "Improve 50th Avenue N.W. and Extend Sanitary Sewer & Water Service to undeveloped lands along 50th Avenue N.W." contingent upon receiving Development/Contribution Agreements from the owners of The Weatherstone, The Ripley, The Seeger and The Hypoint properties. Ayes (7), Nays (0). Motion carried. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 9 — May 1, 2000 5855 Agenda Item 1 Having no further business, Councilmembers Stobaugh moved, McConnell seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5856 Regular Adjourned Meeting No. 10 — May 15, 2000 Agenda Item D-1-38 D-1 W D-3 D-4 D-5 D-6 D-7 D-8 D-9 o No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 312-00 referring the petition from landowners in the North Park Addition to the Public Works Department for a report on the age, current condition of subdivision streets and estimated repair costs for further review and consideration. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the May 1, 2000, Council meeting. Adopted Resolution No. 313-00 approving the Joint Powers Agreement, the Joint Use Agreement and the Letter of Understanding with the Minnesota State colleges and Universities relating to the Regional Sports Complex with the following revision: "RCTC shall have priority use and occupancy of the offices, weight rooms, classrooms, and locker facilities. However, the City shall have the free use of locker facilities when they are not otherwise being used." Adopted Resolution No. 314-00 consenting to the action of Olmsted County authorizing the sale of the revenue bonds for the Olmsted Medical Center. See at end of D Items. Expressed their thanks and accepted the donation of $1364.00 from Community Charities of Minnesota to the Rochester Police Department Honor Guard. Adopted Resolution No. 315-00 authorizing the City Clerk to advertise for bids for one 1500 gallon airport fire truck with accessory equipment for the Rochester International Airport. Adopted Resolution No. 316-00 authorizing the City Clerk to advertise for bids for five on -airport rental car concessions at the Rochester International Airport. See at end of D Items. Adopted Resolution No. 317-00 approving Change Order No. 1 with Alvin E. Benike, Inc. for $15,114.00 for Project No. J-6942 "Terminal Improvements at the Rochester International Airport". Approved the following licenses and miscellaneous activities: Circus Rochester Women of Today — Jose Cole Circus — June 4, 2000 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 7 1 Agenda Item D-11 D-12 D-13 D-14 D-15 Regular A9jSLYrr 9 0494F IE 0 A%W, 1600 Fireworks Rochester Youth Baseball — Roy Watson Complex — May 20, 2000 Rochester Honkers/KTTC/McLeod USA — Mayo Field — August 3, 2000 Gambling - Raffles S.E. Minnesota Association of Realtors — Raffle — July 17, 2000 Rochester Art Center — Raffle — November 3, 2000 Gambling — Premise Permit Dover Fire Relief Association — Shady Hill Grill, 401 61h Street S.W. Master Plumber Michael Bell DBA Dimension Plumbing & Heating, Inc., Rochester Outdoor Dining — Renewal Daube's Bakery, Rochester Sidewalks — Cement Sean Fogarty DBA Fogarty Concrete, Inc., Rochester Chad Birch DBA Birch Concrete Sound Amplification Marcia Marcoux — 8th Grade End of Year Party — June 7, 2000, 6-7 PM Jerry Janezich for U.S. Senator Campaign — DFL State Convention — June 3, 2000 Miscellaneous Street Use Glendale Neighborhood Association — Flag Day Kiddie Parade — June 14, 2000 Rochester Area Habitat for Humanity — Bike Ride — June 24, 2000 City of Rochester/MnDot — Commuter Choice Bike Ride — May 18, 2000 MacAttack 5K Run & Walk — August 4, 2000 Alzheimer's Association Memory Walk — September 9, 2000 Councilmember Marcoux abstained from voting on Item D-10. Approve Accounts Payable in the amount of $1,051,36.73. Approved amending the 2000 Airport Fund Budget to be $2,389,337.00. Approved the Quarterly Investment Report for the First Quarter of 2000. Adopted Resolution No. 318-00 authorizing the City Clerk to advertise for one (1) 36,000 GVW 4x4 Single Axle Truck for the Public Works Department. Adopted Resolution No. 319-00 approving the implementation of Chapter 356 of Laws of Minnesota 2000, Probationary Period of Rochester Firefighters. 857 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 56518 Regular A(aj Yrn1a6196�$hlg&b�FfQ-MWWT.900 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 1101111 Adopted Resolution No. 320-00 approving the purchase of a rescue truck and equipment from Fire Attacker, Incorporated, in the amount of $124,388.60. Adopted Resolution No. 321-00 authorizing the execution of a contract between th State of Minnesota and the City of Rochester regarding the Hazardous Materials Regional Response Team program for one year from July 1, 2000 to July 1, 2001. Approved the appointment of Michael Magruder to the position of Motor Operator ii the Fire Department effective May 16, 2000. Adopted Resolution No.322-00 approving the Rochester Public Library Acquisition Grant Agreement in the amount of $8,400.00 and authorizing the Mayor and City Clerk to sign. See at end of D Items. Approved the reappointment of Leon Ernster and James Orke to the Joint Airport Zoning Board running to January 1, 2003. Adopted Resolution No. 323-00 approving the Joint Powers Agreement for the Baseball/Softball area at the University Center Rochester and authorized the A and City Clerk to sign the agreement. See at end of D Items. Approved amendments to Sections 72.07, 72.08 and 72.09 of the Rochester Code of Ordinances dealing with tall grass and weeds, adopted Chapter 48 and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 324-00 declaring a negative response on the need for an Environmental Impact Statement for the Hidden Oaks Valley/Bandel Hills Development. Adopted Resolution No. 325-00 executing a Development Agreement with Hartmai Farms, Inc. for property proposed to be developed as Circle 19. See at end of D Items. Adopted Resolution No. 326-00 executing a Development Agreement between the City of Rochester and All Pointe Development for the South Pointe 5th Property. Adopted Resolution No. 327-00 executing a Development Agreement between the City of Rochester and Georgetowne Limited Partnership for the George Townhome Development. Adopted Resolution No. 328-00 executing a Storm Water Management Agreem between the City of Rochester and Olmsted Medical Center. !1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 5859 Agenda Item D-31 Adopted Resolution No. 329-00 approving a City/Owner Contract between the City of Rochester, Fred Schmidt and Elcor Construction for Project No. J-9674 "Basic Construction to Serve Emerald Hills Second Subdivision". D-32 Adopted Resolution No. 330-00 approving a City/Owner Contract between the City of Rochester, North American Realty and Elcor Construction for Project No. J-9653 "Basic Construction to Serve Essex Estates Fifth Subdivision". D-33 Adopted Resolution No. 331-00 approving a City/Owner Contract between the City of Rochester and Ryan Companies US, Inc. for Project No. J-9688 "Basic Construction to Serve Rochester Marketplace". D-34 Adopted Resolution No. 332-00 approving a City/Owner Contract between the City of Rochester, Michael Younge and Road Constructors, Inc. for Project No. J-9682 "Basic Construction to Serve Orchard Hills South First Subdivision — Phase II". D-35 Adopted Resolution No. 333-00 referring the petition from the residents in the Crocus Hills Area for the installation of Sanitary Sewer and Watermain Extension to the Department of Public Works for preparation of a feasibility report and approved the development of an Engineering Services Agreement. D-36 Adopted Resolution No. 334-00 authorizing the City Clerk to advertise for bids for Project No. M003 (J-2463) "Foxcroft Storm Water Pond Improvements". D-37 Adopted Resolution No. 335-00 authorizing the City Clerk to advertise for bids for Project No. 6311-3&4-00 (J-2198) "Concrete Pavement Rehabilitation Project on 11th Avenue S.W. from 2"d Street S.W. to 200 Feet North of 3rd Street N.W." and Project No. 6204-3-00 (J-2197) "Concrete Pavement Rehabilitation Project on 4th Street S.W. from 6th Avenue S.W. to 2"d Avenue S.W." D-38 Adopted Resolution No. 336-00 authorizing the City Clerk to advertise for bids for an Engine Drive Pump for the Water Reclamation Plant. D-39 Adopted Resolution No. 337-00 authorizing the Rochester Police Department Emergency Response Unit to use the properties located at 343 and 349 17th Avenue S.W., currently owned by the Minnesota Department of Transportation, for training activities holding the State of Minnesota harmless from possible claims arising from the training. Ayes (7), Nays (0). Motion carried. (Councilmember Marcoux abstained on Item D-10) D-4 Terry Spaeth asked the Council to place the properties in Marion Township being annexed to the City in the "H" zoning category until such time as the proper zoning is recommended. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 338- 00 agreeing to extend land use control by the City of Rochester within the Orderly Annexation Agreement areas in Marion Township subject to adoption by Olmsted RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5$6O CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 Agenda Item County agreement to exclude Marion Township Orderly Annexation Areas from their zoning and subdivision ordinances. Ayes (7), Nays (0). Motion carried. D-8 Councilmember Senjem was concerned about the contractor being able to finish the project on time; he recalled last year when such a problem arose and Council action had to be taken against them. Staff felt that there would be no such problems of the same this year. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 339-00 approving the execution of the contract with Road Constructors, Inc. for Project No. J-6967 "Terminal Building Entrance Road Improvements, Entrance Road Signage Improvements, and Parking Lot Expansion" at the Rochester International Airport in the amount of $962,328.25. Ayes (7), Nays (0). Motion carried. D-20 Councilmember Senjem questioned the appointment of someone living outside the City of Rochester being appointed to the Rochester Convention and Visitors Bureau. Mayor Canfield noted that the applicant is the manager of one of the hotels; therefore, has an interest in the City. He also noted that the Bureau services all of Olmsted County as well. Councilmembers Senjem moved, Stobaugh seconded, to approve the appointment of Michael J. Smith to the Rochester Convention and Visitors Bureau Board of Directors for the unexpired term running to January 2001. Ayes (7), Nays (0). Motion carried. D-23 Councilmember Senjem asked the length of time between first and second readings of an ordinance in the event someone had questions concerning the proposed ordinance. City Attorney Terry Adkins told him that the waiting period is 25 days. Councilmember Senjem moved, Marcoux seconded, to approve amendments to the Rochester Code of Ordinances Chapter 45 dealing with parks and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. D-27 Councilmember Senjem was concerned with the timeline in the layout plan approval process. Richard Freese, Public Works Director, noted that until the environmental assessment report has been received, MnDot will not approve the layout plan. He also noted that the project has been expanded. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 340-00 authorizing the execution of Amendment #1 to the Joint Powers Agreement #76998 for TH 63 South between TH 52 and 48th Street S.W. E-1 A Hearing on Amendment to General Development Plan #115, known as South Pointe, by All Pointe Development located south of 60th Street S.W., west of TH 63. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 5861 Agenda Item E-2 E-3 I Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. Mr. Tointon presented a drawing of the revised General Development Plan removing the commercial development and re -identify it for R-2 development, to remove an access for 60th Street S.W., and to provide for the interchange at 60th Street and Highway 63. Townhomes and similar owner -occupied developments will be placed along Highway 63. The Highway 63 corridor has changed within recent years and, thus, created the change in the development of the land for this area. Landscaping and open space will be carried out in the development of the Site Plan. They are in agreement with all conditions and with the modification of condition #6. Councilmember Senjem asked if McGhie & Betts or others had done any type of assessment as to sound levels and conflicts with State laws in regard to highway sound next to highway -located apartments. Mr. Tointon said that there are criteria established; they would be using construction materials to abate noises and set the units as far from the highway as possible. Councilmember Senjem asked Mr. Tointon if he was confident that this is not going to be an issue that we will need to deal with. Mr. Tointon answered that it would not be an issue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Amendment to General Development Plan #115, known as South Pointe, by All Pointe Development with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment Petition #00-06 by Randy Reynolds to amend the Zoning Map from the R-1 to the R-2 District on property located south of 60th Street S.W., west of TH 63. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment Petition #00-06 by Randy Reynolds and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-35 to be known as Orchard Hills South First Subdivision located east of Foxcroft North 4th and Foxcroft East 2nd Subdivisions. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. He noted that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5862 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 Agenda Item Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 341- 00 approving Final Plat #99-35 to be known as Orchard Hills South First Subdivision with three conditions. Ayes (7), Nays (0). Motion carried. E-4 A Hearing on Type III, Phase I Final Plat #99-52 to be known as Century Hills Fourth Subdivision located east of Century Hills Drive N.E., south of Viola Road. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. He noted that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 342-00 approving Final Plat #99-52 to be known as Century Hills Fourth Subdivision with three conditions. Discussion. Councilmembers discussed the lack of parking on cul-de-sacs due to fire regulations. They asked that this question be further discussed and that the developers now recognize that no further plats will be approved with cul-de-sacs until the matter has been resolved. Ayes (7), Nays (0). Motion carried. E-5 IA Hearing on Type III, Phase I Final Plat #99-30 to be known as South Pointe Fifth located south of 60th Street S.W., east of 11th Avenue S.W., and west of TH 63. Wishing to be heard was Bill Tointon, McGhie & Betts, available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 343-00 approving Final Plat #99-30 to be known as South Pointe Fifth. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-17 by Freedom Development & Consulting LLC to be known as Valley Side Estates located along the east side of 40th Avenue S.E., east of Eastwood Hills Second Subdivision. Wishing to be heard was Dave Bell, Freedom Development, noting their agreement with original two conditions and additional two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve Land Subdivision Permit (Preliminary Plat) #00-17 by Freedom Development & Consulting LLC to be known as Valley Side Estates with ten conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 5863 L Agenda Item E-7 W E-9 E-10 A Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-15 by Quinstar LLP to be known as Pinewood Meadows 2"d Subdivision located east of 23d Avenue S.E. and Schoenfelder's Subdivision, west of Dornacks Subdivision and south of Pinewood Road. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Land Subdivision Permit (Preliminary Plat) #00-15 by Quinstar LLP to be known as Pinewood Meadows 2"d Subdivision with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-16 by Bigelow Enterprises to be known as Kingsbury Hills Subdivision located south of 55th Street N.W., west of the Wedgewood Hills Subdivision and 50th Avenue N.W. The developer has requested that the hearing be continued to June 5, 2000. No one wishing to be heard at this time. Councilmembers Hanson moved, Evans seconded, to continue the hearing on Land Subdivision Permit (Preliminary Plat) #00-16 by Bigelow Enterprises to be known as Kingsbury Hills Subdivision Ayes to June 5, 2000. Ayes (7), Nays (0). Motion carried. A Hearing on Final Site Plan Amendment #00-01 for the Arboretum Special District located south of 55th Street N.W., west of TH 52, within Northwest Plaza and the Arboretum Special District. It was noted that there has been no commitment from Olmsted County at this time for roads and/or traffic signals. Wishing to be heard was Paul Pearson, McCombs, Frank, Roos Associates, Plymouth, Minnesota, civil engineers representing Wal-Mart. He noted that they were in agreement with the four original conditions and the additional fifth condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 344-00 approving Final Site Plan Amendment #00-01 for the Arboretum Special District with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried A Hearing to Consider Local Improvement Project No. 6300 Y2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block between Broadway and Vt Avenue S.W." Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5864 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 Agenda Item E-11 E-12 E-13 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 345-00 approving Project No. 63001/2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block between Broadway and 1st Avenue S.W.". Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6300 Y2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block between Broadway and 1 st Avenue S.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 346-00 levying Project No. 63001/2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block between Broadway and 1st Avenue S.W.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6300 %2-3-98 (J-9511) "Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue S.W.,, Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 347- 00 approving Project No. 6300 %2-3-98 (J-9511) "Reconstruct North -South Alley in 300 Block between Broadway and 1 st Avenue S.W." Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6300 %2-3-98 (J-9511) "Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue S.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 348-00 levying Project No. 6300 %2-3-98 (J-9511) "Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue S.W." Ayes (7), Nays (0). Motion carried. F-1 Wishing to be heard was Kevin Mullen, representing Royal Management and Development. Mr. Mullen noted a number of significant changes in the original project. He stated that an underground parking facility with up to 90 parking spaces would be created. The TIF assistance requested of $3.8 million would be a pay-as- you-go basis, eliminating any risk to the taxpayer. They also agree to forgive all capitalized interest on the assistance saving the City between $500,000-$600,000. No assistance would be requested for any of the properties now owned by Royal Management. Mr. Mullen asked that the City designate Royal Management as developer for their property and challenge Time Square to refigure themselves into the remainder of the library block and the surrounding blocks. He asked that the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 5865 Agenda Item C n U Council view the project on its merits. They also believe that the City should have more than one developer for the downtown area. Wishing to be heard was Greg Wendland, Wendland and Utz, representing GAC TS. Mr. Wendland referenced the Council meeting on May 1st, 2000, when speakers addressed the support of the Time Square Project. The speakers represented pillars and life-long members of the community who live and work in the City. They spoke as to what the project could do to revitalize the downtown community. The benefits afforded to the City of Rochester are many by the project. Benefits include additional business brought to the existing businesses in downtown, attraction for larger and more numerous conventions for the Civic Center. The project brings Nordstroms, the most sought-after store for shopping areas. Other top tenants are attracted with the addition of Nordstroms, an additional 1500 jobs will be created for the community, additional parking revenues, increased real estate levels for businesses in the downtown area and increased hotel/motel tax revenues. Mr. Wendland noted that Royal Management would be able to purchase up to two floors of office space from Time Square as well. Councilmembers McConnell and Stobaugh voiced their concerns with the amount of TIF dollars requested by GAC TS as opposed to Royal Management. They were concerned about the burden to two generations of taxpayers and the significant risk involved with the GAC TS project. Councilmembers Hanson, Evans and Marcoux were excited about the project saying that it gives something to the people of Rochester. They felt that it would stimulate the downtown area and give something to the future for the City of Rochester. Councilmembers Senjem stated that they need to look very carefully at the two projects and make sure that one or both happens; perhaps there is a way to bring the two projects together. President Hunziker asked the Council to consider a compromise with Royal Management maintain development of their 40 percent of the old library block with GAC TS occupying 60 percent of the block and whatever else would be needed. If both projects can succeed, one of the projects does not die and the City wins. Councilmember McConnell moved, Stobaugh seconded, to designate Royal Management as the developer for their project and allow GAC TS to proceed with the remainder of the block and whatever other property they may acquire. Discussion. Councilmembers Evans, Hanson, Marcoux and Mayor Canfield felt that the designation of one developer for one part of the block and another developer for another part of the block would not be feasible. They felt that in making the designation, they are telling the developer how to develop their project. They also felt that GAC TS needed the old library portion of the block to have the Nordstroms anchor on the corner of the block as originally designed. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5866 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10 — May 15, 2000 Agenda Item G-2a G-2b G-2c G-2d G-3a Upon roll call vote, Councilmembers McConnell, Senjem, Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hanson, and Marcoux voted nay. Ayes (4), Nays (3). Motion carried. An Ordinance Amending Ordinance No. 2785 Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, By Assigning the H Zoning District To Those Lands Identified in the Marion Township Orderly Annexation Agreements Legally Described Herein, All in Marion Township, Olmsted County, was given a first reading. An Ordinance Crating and Enacting Chapter 45B of the Rochester Code of Ordinances, Relating to the Regulation of Parks and Parkways in the City of Rochester, and Repealing Chapter 45 of the Rochester Code of Ordinances. was given a first reading. An Ordinance Creating and Enacting Chapter 48 of the Rochester Code of Ordinances, Relating to the Regulation of Tall Grass and Weeds, and Repealing Sections 72.07, 72.08 and 72.09 of the Rochester Code of Ordinances, was given a first reading. An Ordinance Rezoning Certain Property From the R-1 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 first reading. (South of 60th Street S.W., West of Highway 63) An Ordinance Annexing to the City of Rochester Approximately 175.09 Acres of Land Legally Described As A Part of the Northwest Quarter and the North Half of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 13, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 20th Street S.E., East of Highway 63, North of Highway 52) Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk 1 n U RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5867 Agenda Item A-1 No one wished to be hard 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, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Councilmember Dennis Hanson. C-1 Wishing to be heard was Ken Ness, Victoria's Restaurant, Second Street. Mr. Ness told the Council that Victoria's picked Rochester as a restaurant site because of the quality of the town, the revitalization of downtown and the availability of parking for their customers. He related that now, however, his staff and the public have difficult in finding parking at any time of the day. He asked the Council to consider the possibilities of providing more parking in the downtown area. C-2 Wishing to be heard was Mary Smith, 1311 Kings Run Drive N.W., Vice -President of the Edenborough Estates Homeowners Association. Ms. Smith noted the problem with the hillside in the rear of the property at 5314 Belmoral Lane N.W. She said that the slope is too steep to be mowed or walked on. The developer told the residents that the problem would be corrected but nothing was done about the problem. Wishing to be heard was Peggy Schommer, 5314 Belmoral Lane. She also noted that the developer had told her that when the townhomes were completed on the top of the hill, the hillside would be regraded. Wishing to be heard was Al Carlson, 1324 Kings Run Drive N.W. He stated that the hillside can only be mowed with a weedeater. Landscapers have given estimates but the homeowners feel that the problem lies with the developer. Mike Nigbur, Public Works Department, stated that the developer followed the grading plans approved by the Public Works Department for this area. The hillside was never meant to be mowed but to be left in a natural vegetation state. Wishing to be heard was Karla Hamilton, 5310 Belmoral Lane N.W, also stating that the hillside behind her property is in the same condition and unable to be mowed. Council asked staff to provide them with an overview of the facts of the situation. D-14 Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items: D-1 No minutes were approved. D-2 Adopted the following resolutions in relation to the proposed Celestica Corporation site: Resolution No. 349-00 approving a Development Agreement determining certain buildings to be structurally substandard and initiating the process for approval of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5868 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 Agenda Item D-3 D-4 D-5 A. Development District and Tax Increment Financing Plans and setting a public hearing for July 17, 2000 to consider adoption of Development District #16 and Tax Increment Financing District #16-1. Resolution No. 350-00 entering into a Development Agreement with Badger Development, LLC to allow removal of buildings upon property to be included in a "redevelopment" TIF district. Adopted Resolution No. 351-00 appointing and designating the Commissioner of Transportation for the State of Minnesota as agent for the City of Rochester to all the receipt and processing of federal and state funding for projects at the Roches International Airport. Adopted the following Public Utility resolutions: Resolution No. 352-00 entering into a purchase order for $43,816.50 with TSE International, Inc. for one trailer mounted underground cable puller. Resolution No. 353-00 approving a 10 percent increase in water revenue rates effective June 6, 2000, and a 10 percent increase to the Community Fire Protection rate schedule effective January 1, 2001. Resolution No. 354-00 providing a five-year written notice to the Minnesota Municipal Power Agency of the City's intent to exercise the Capacity Change provision of Paragraph 4.02 of the "Participation Sales Agreement Between the C of Rochester and Minnesota Municipal Power Agenda" that the capacity supplied by the City for the period of November 1, 2005 through October 31, 2010 shall be reduced to 50 megawatts. Adopted Resolution No. 355-00 setting a public hearing for July 5, 2000, to establish a process for ordinance adoption during a declared disaster emergency without the publication requirement. Adopted Resolution No. 356-00 setting a public hearing on July 5, 2000, to consider the repeal of an obsolete charter provision, Section 11.05, that was inadvertently left in the charter following the charter recodification in 1985. D-7 I Approved the following licenses and miscellaneous activities: Fireworks Republican Party of Minnesota — Mayo Civic Center — June 9 & 10, 2000. Rochester Golf & Country Club — July 4, 2000, Celebration Rochester Post Bulletin — July 4, 2000, Celebration Gambling — Temporary Ronald McDonald House of Rochester — Raffle — July 28,2000 Rochester Area Family Y — Raffle — July 24, 2000 E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5869 Agenda Item Gambling — Premise Permit VFW Post #1215, 16 6th Street S.W. Heating, Ventilating & Air Conditioning Northern Piping & Mechanical, Dundas, Minnesota Master Installer Paul Doyle, Red Wing, Minnesota Master Plumber Northern Piping & Mechanical, Dundas, Minnesota Sewer & Drain VanBuskirk Excavating & Hauling, Dexter, Minnesota Sidewalks — Cement Country Builders, Inc., Webster, South Dakota Esau Quality Concrete, Riceville, Iowa Sound Amplification Permits Andy Streit for 81h Annual Summer Pig Roast — Essex Park — July 29, 2000 Khom Chhorn & Darin Yous Weddl Ceremony — June 9, 2000 Downtown Business Association — 4t Annual Blues Fest — Central Park — August 19, 2000 Lou Grimaldi — Wedding Reception — June 10, 2000 (request waiver of 8:00 P.M. time period) Miscellaneous Street Use A.B.A.T.E. — 13th annual Toys for Tots Motorcycle Run — August 19, 2000 Neighborhood Block Party — Corner of 45th avenue & Savannah Drive N.W. — June 24, 2000 D-8 Approved the Rochesterfest Activities for Year 2000 per Request for Council Action. D-9 Adopted Resolution No. 357-00 approving the Rochesterfest Street Closings and Bagged Meters for Year 2000 per Request for Council Action dated June 5, 2000. D-10 Approved Accounts Payable in the amount of $3,305,176.15. D-11 Adopted Resolution No. 358-00 initiating the process for the sale of the City's Temporary General Obligation Sales Tax Revenue Bonds, Series 2000A. D-12 Adopted Resolution No. 359-00 closing completed improvement projects and transferring unexpended balances pursuant to Minnesota Statutes, Section 429.091, Subd. 4. D-13 Accepted the donation of the 1923 Sayers & Scovill Truck for the Rochester Fire Department. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5870 Regular Meeting No. 11 — June 5, 2000 Agenda Item D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-27 Approved the solicitation of design proposals for fire station prototype designs. Approved the appointment of Marc D. Machacek to the position of Firefighter in the Rochester Fire Department. See at end of D Items. Approved the appointment of Betty Hutchins to the Rochester Public Library Board for the term ending January 2003. Approved the appointment of Kathy Wang to the International Affairs Committee. Adopted Resolution No. 360-00 approving entering into an amendment of the Cascade Township Orderly Annexation Agreement and approved Annexation by Ordinance Petition #00-08 by Larry Goodman for annexation of approximately 109.84 acres of land located in part of the S1/2, NE'/4 of Section 9 and NW1/4, NW1/4 of Section 10, Cascade Township. See at end of D Items. Adopted Resolution No. 361-00 approving the contract between the Rochester Police Department and Rochester Armored Car for the use of the Rochester Police range facility located at 4004 West River Parkway. Adopted Resolution No. 362-00 approving the Rochester Police Department's acceptance of the funding from the U.S. Department of Justice COPS Office to assist in hiring eight additional officers. Adopted Resolution No. 363-00 approving the submission of an application to the U.S. Department of Justice for COPS Hiring funding for the Rochester Police Department for FY2002. Approved the use of Olmsted County Housing and Redevelopment Authority funding through the U.S. Department of Housing and Urban Development for reimbursement to the Rochester Police Department for additional hours worked by its members and miscellaneous equipment that may be used toward drug elimination. Accepted the donation of $1,250.00 from Connelly's Genuine Army Surplus, Rochester Police Benevolent and the Rochester Olmsted County Safety Council to assist in training, uniform and equipment needs. Adopted Resolution No. 364-00 authorizing execution of Amendment #1 to the Development Agreement between the City and Ryan Companies US, Inc. for the Rochester Marketplace Project. Adopted Resolution No. 365-00 authorizing the marketing and sale of the designated portion of the former Water Reclamation Plant chlorination facility site on 3`d Avenue N.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5 87 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-40 Adopted Resolution No. 366-00 approving a revocable permit to allow the placement of stairs and landscaping material within the right of way of 3`d Street N.W. for Charter House. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. Adopted Resolution No. 367-00 approving a revocable permit to allow the placement of landscape material within a Drainage Easement on Lot 1, Block 1 Century Hills Second. Adopted Resolution No. 368-00 entering into a Development Agreement with Schoenfelders South Star, Inc. for the Pinewood Mead ows/Schoenfelder property. Adopted Resolution No. 369-00 entering into a Development Agreement with Rochester Leased Housing Associates V. Limited Partnership, Mark Hindermann, and William Fitzgerald for the Quarry Ridge and Hindermann/Fitzgerald Development. Adopted Resolution No. 370-00 entering into a Development Agreement with Fred and Darlene Schmidt for the Emerald Hills Development. See at end of D Items. Adopted Resolution No. 371-00 entering into a Development Agreement with Michael Younge Development, Inc. for the residential portion of the Lincolnshire North Development. Adopted Resolution No. 372-00 awarding the contract for Project No. 8701-8-97, J- 9656 "Public Improvements to Sunset Avenue, Rose Avenue and Harbor Parkway in Rose Harbor" to Winona Mechanical at $497,136.45. Adopted Resolution No. 373-00 accepting voluntary participation in the City's Regional Stormwater Management Plan for the properties listed on the Request for Council Action. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. See at end of D Items. Adopted Resolution No. 374-00 approving a City/Owner Contract between the City of Rochester, Payne Company and JECH Excavating for Project No. J-9666 "Basic Construction to Serve Century Hills Fourth Subdivision". Adopted Resolution No. 375-00 approving a First Amendment to City/Owner Contract between the City of Rochester, Jerry Schultz & Randy Reynolds and Elcor Construction for Project No. J-9430 `Basic Construction in Southern Woods First and Second Subdivisions". Adopted Resolution No. 376-00 approving a City/Owner Contract between the City of Rochester, Corporate Gardens LLC and Fraser Construction for Project No. J- r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 Agenda Item D-41 D-42 D-43 D-44 D-45 D-46 D-47 a 9693 "Sanitary Sewer and Watermain to serve Lot 2, Block 1, Shorewood Retail Replat". Adopted Resolution No. 377-00 awarding a contract to Heselton Construction in th amount of $510,005.25 for Project No. M002 (J-9599) "Sanitary Sewer and Watermain Extension to Serve Baihly Woodland Subdivision". Adopted Resolution No. 378-00 awarding a contract to Road Constructors in the amount of $1,168,983.76 for Project No. M003 (J-9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught's Subdivision". Swenke Company, the low bidder, withdrew their bid. Adopted Resolution No. 379-00 authorizing the City Clerk to advertise for bids for July 6, 2000 for Project No. M004, (J-9601) "Sanitary Sewer to Serve Nelson's & Christopher Courts Subdivisions and the South Side of Marion Road S.E.; and Sewer and Water to Serve 20th Street S.E. from Marion Road S.E. to 200 Feet East of 37th Avenue S.E. & Samelians Subdivisions". Adopted Resolution No. 380-00 authorizing bids to be advertised for Project No. 8215-35 2000 (J-2574) "Phase I of Upgrades to Parking Ramp Revenue Control System". Adopted Resolution No. 381-00 adding Paragraph (306.2) of Section B "No Parking Zones" to read: (306.2) Fox Valley Drive S.W., on the south side of the street, from 23rd Avenue to a point 1,740 feet west of 23rd Avenue S.W., at all times. Adopted Resolution No. 382-00 adding Paragraph (240.5) of Section B "No Parking Zones" to read: (240.5)32"d Avenue N.W., on the south side of the street, from Valleyhigh Drive N.W. to a point 800 feet west of Valleyhigh Drive N.W., at all times. See at end of D Items. Adopted Resolution No. 383-00 amending Paragraph 1 of section C, zone D "Bus Stops" of the Comprehensive Parking and Traffic Resolution Book per Request for Council Action dated June 5, 2000. Adopted Resolution No. 384-00 entering into an amendment to the contract with Black & Veatch Engineers for the Water Reclamation Plan to provide engineering services for repairs and repainting of the digester gas for a cost not to exceed $10,000. Ayes (6), Nays (0). Motion carried. 1 D-16 I Councilmember Senjem wanted to thank Tim Sitzer and Paul Olander for their RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 —June 5, 2000 5873 Agenda Item D-20 D-33 D-37 D-47 E-1 contributions on the Park Board and welcome Scott Crowley and David Perkins. Councilmembers Senjem moved, McConnell seconded, to approve the appointment of Scott Crowley and David Perkins to the Rochester Board of Park Commissioners for the period ending June 2004. Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, pointed out that the Director of Public Works and the Assistant City Administrator, not the City Attorney, advised the wetland bank owner that he will need to provide a Letter of Credit to the City; and, that the wetland bank owner and Mr. Michael Younge must submit the Letter of Credit to the City Attorney's Office. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 385- 00 approving the Wetland Replacement Plan for Lincolnshire North Subdivision. Ayes (6), Nays (0). Motion carried. Councilmember Senjem was concerned as to how the Eagle Ridge 41h Development would impact the development of the 4th Street S.W. roadway. Richard Freese, Public Works Director, said that the developer has omitted the platting of the connection between the existing portions of 4th Street and Eagle Ridge until such time that the Council reviews the feasibility of the reconstruction of 4th Street between 23rd Avenue and Eagle Ridge. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 386-00 entering into a Development Agreement with Younge Development, Inc. for the Eagle Ridge 4th Development, and adopt Resolution No. 387-00 approving a City/Owner Contract between the City of Rochester, Younge Development Company and Road Constructors, Inc., for Project No. J-9660"Basic Construction to Serve Eagle Ridge Fourth Subdivision". Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, asked why the streets for expansion were asked to be approved differently than those petitioned. David Rossman, Traffic Engineer, said that the Police Department felt that they could not patrol the area from 6:00 A.M. to 6:00 P.M. but rather could from 8:00 A.M. to 4:00 P.M. The request will remain as petitioned; the Council can consider the change in time at the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 388-00 calling for a public hearing on July 5, 2000 to consider the expansion of Residential Permit Parking Zone #2 (St. Mary's West) on 15th Avenue S.W., 2nd Street to 5th Street. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Appeal #00-01 of the Rochester Zoning Board of Appeals denial on Type III, Phase I, Variance Request #00-09 by Rochester Public Utilities to allow for the construction of two structures located at 2301 Baihly Summit Drive S.W. Wishing to be heard was Doug Rovang, Rochester Public Utilities. Mr. Rovang explained that the variance request is for setback for the placement of telecommunications equipment shelters at the base of the Baihly Heights RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5H74 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 Agenda Item E-2 watertower. The equipment would be enclosed using a berm area plus landscapin to make the structures less noticeable. He noted they are now asking for only the variance of 25 feet of the allowed setback to the west side of the property line. Mr. Rovang stated that they are following the policy developed by the Council to allow telecommunication towers on public structures. He also noted that RPU does not solicit business for the water towers but that the companies approach RPU for the right to lease the land to accommodate the telecommunication towers. Terry Adkins, City Attorney, noted that federal law prohibits discrimination against the analog Vs the digital system of equipment. The city may not take any action which gives an unfair advantage to one competitor over another. The following individuals presented testimony against the granting of the variance. They noted that the structures will be unsightly, the water tower will be supporting eleven towers (more than any other structure in a residential area in the City), that the possibility for dangerous generation of radio waves could happen and that the area may not be maintained. They also questioned why towers are not put on Mayo Clinic property. Mike Mellon 2128 Baihly Summit Drive SW Bob Fisher 1154 23`d Avenue SW Nancy Mellon 2128 Baihly Summit Drive SW Monica Damario 2111 Baihly Summit Drive SW Shelia Sullivan 2119 Baihly Summit Drive SW Wishing to be heard was Don Prow, 1833 16 %2 Street N.W. Mr. Prow felt that the City should cooperate in providing facilities for telecommunication towers to be erected. He noted that in a few years all communications will be run off the towers rather than phone lines. Wishing to be heard was Julie Townsend, AT&T Representative, Bloomington. Ms. Townsend stated they do have an analog type of equipment requiring more space that other systems. She said that AT&T will do whatever is necessary to make the facility fit with the community and satisfy the neighbors. Exteriors of the structures will be made to conform with the surrounding residences and maintenance operations are only once every four to six weeks. She said that they are not currently looking at other locations, they do not have any equipment on Mayo Property except the St. Mary's water tower, and their equipment is not outdated. Councilmembers Marcoux moved, McConnell seconded, to continue the hearing to June 19, 2000 for a final decision and allow time to review the final plan and meet with AT&T, RPU and other carriers. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-16 by Bigelow Enterprises to be known as Kingsbury Hills Subdivision 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5875 [I Agenda Item E-3 E-4 located south of 55th Street N.W., west of the Wedgewood Hills Subdivision and 50th Avenue N.W. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., representing Bigelow Enterprises. Mr. Ratzloff noted their agreement with all conditions with the exception of condition #6. He asked that the condition be struck due to the fact that the utilities are in the 55th Street right-of-way that has been annexed to the City. Mike Nigbur, Public Works Department, asked that the condition remain due to the fact that it is unclear at this time the width needed to place utilities in the 55th Street right-of-way. An additional width may be needed to bring the sanitary sewer along 55th Street rather than digging up the roadway. Mr. Ratzloff was in agreement with condition #6 as well. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Land Subdivision Permit (Preliminary Plat) #00-16 by Bigelow Enterprises to be known as Kingsbury Hills Subdivision with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #153 by Christ Our Rock Lutheran Church to be known as Christ Our Rock Lutheran Church located along the north side of East Circle Drive. Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant. He noted their agreement with the one condition. Mike Nigbur, Public Works, asked that condition #4 be clarified by adding to the end of the last sentence the wording: "...adjacent to this property, or execution of a pedestrian facilities agreement." Mr. Blouw was in agreement with the change. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve General Development Plan #153 by Christ Our Rock Lutheran Church to be known as Chr Our Rock Lutheran Church with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-21 by Christ Our Rock Lutheran Church to be known as Christ Our Rock Lutheran Church located along the north side of East Circle Drive. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5876 Regular Meeting No. 11 — June 5, 2000 Agenda Item E-5 E-6 Wishing to be heard was Scott Blouw, Yaggy-Colby Associates, representing the applicant. He noted their agreement with conditions #1 through #6. However, he felt that condition #7 should reflect a 44-foot wide face-to-face street section rather than a 46-foot condition. Councilmembers Stobaugh moved, Marcoux seconded, to table Land Subdivision Permit (Preliminary Plat) #00-21 by Christ Our Rock Lutheran Church to be known as Christ Our Rock Lutheran Church until further information is provided by the Public Works Department. Ayes (6), Nays (0). Motion carried. (See further in agenda between Items E-6 and E-7) A Hearing on General Development Plan #152 to be known as Northern Heights Village and Design Modification #00-02 on land located along the south side of East Circle Drive, north of the Glendale Hills and Northern Heights Subdivisions. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted that they were in agreement with the seven conditions recommended. Wishing to be heard was Don Anderson, 1403 Glendale Hills Drive. He asked to be provided with information on the Plan; he is an adjacent property owner. Terry Adkins, City Attorney, noted that condition #6 refers to "East Circle Drive". Mitzi Baker, Planning Department, informed the Council that the applicant has requested that the Council also approve a Design Modification. She said that the Planning Commission had recommended in favor of it. The reason for the Modification is because there is only one access to the development because of the topography of the land. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve General Development Plan #152 to be known as Northern Heights Village and Design Modification #00-02 with seven conditions, and to approve a Design Modification and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-14 by Quinstar LLP to be known as Pinewood Meadows 3rd Subdivision located east of 11th Avenue S.E. and Southport Subdivision No. 3 and south of 28th Street S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Senjem seconded, to approve Land Subdivision Permit (Preliminary Plat) #00-14 by Quinstar LLP to be known as Pinewood Meadows 3rd Subdivision with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5877 C Agenda Item E-4 E-7 W Councilmembers Stobaugh moved, McConnell seconded, to remove from the table Land Subdivision Permit (Preliminary Plat) #00-21 by Christ Our Rock Lutheran Church to be known as Christ Our Rock Lutheran Church. Ayes (6), Nays (0). Motion carried. Richard Freese, Public Works Director, asked the Council to amend condition #7 to provide for a 44-foot face-to-face street section rather than a 46-foot section. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Land Subdivision Permit (Preliminary Plat) #00-21 by Christ Our Rock Lutheran Church to be known as Christ Our Rock Lutheran Church with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-22 to be known as Lincolnshire North Third Subdivision located adjacent to the west end of Lincolnshire North First and Second Subdivisions. Wishing to be heard was Scott Blouw, Yaggy-Colby, representing the applicant. He noted approval with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 389-00 approving Final Plat #99-22 to be known as Lincolnshire North Third Subdivision with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-03 to be known as Emerald Hills Subdivision located north of Century High School and west of Cassidy Drive N.E. Wishing to be heard was Scott Blouw, Yaggy-Colby, representing the applicant. He noted approval with one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 390-00 approving I Final Plat #00-03 to be known as Emerald Hills Subdivision with one condition. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-04 to be known as Orchard Hills Subdivision located north of Fox Chase Road S.W., west of Gates Drive S.W. Wishing to be heard was Scott Blouw, Yaggy-Colby, representing the applicant. noted approval with two conditions. IRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5878 Regular Meeting No. 11 — June 5, 2000 Agenda Item E-10 E-11 Councilmember McConnell asked Richard Freese, Public Works Director, if further use of the Orchard name would be detrimental to the public safety aspect. Mr. Freese stated that the street names are used by emergency personnel rather than subdivision names; therefore, he did not feel that there would be a problem. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 391- 00 approving Final Plat #00-04 to be known as Orchard Hills North Subdivision with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-47 to be known as Eagle Ridge Fourth Subdivision located west of Highland Court S.W., south of Country Club Road and north of Eagle Lane S.W. Wishing to be heard was Scott Blouw, Yaggy-Colby, representing the applicant. noted approval with three conditions. Richard Freese, Public Works Director, noted that the area left "unplatted" is for the possible future extension of 41h Street. Under the development agreement, the property is to be platted within five years; therefore, the 4th Street issue will need to be resolved within five years. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 392-00 approving Final Plat #99-47 to be known as Eagle Ridge Fourth Subdivisio with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-07 initiated by the City of Rochester Common Council to amend the zoning district on land from the M-1 to the R-1 located as 128 18th Street S.E. and 1805 Second Avenue S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Zoning District Amendment #00-07 initiated by the City of Rochester Common Council. Ayes (6), Nays (0). Motion carried. E-12 A Hearing on Annexation by Ordinance Petition #00-02 by Verna Badger Trust to annex land located south of Valleyhigh Road N.W., west of West Circle Drive, in Section 20, Cascade Township. Wishing to be heard was Mac Hamilton, co -petitioner, 400 South Broadway. Mr Hamilton was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5879 E Agenda Item E-13 E-14 E-15 E-16 Councilmembers Stobaugh moved, Evans seconded, to approve Annexation by Ordinance Petition #00-02 by Verna Badger Trust and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #00-09 by Christ Our Rock Lutheran Church to annex land located along the north/east side of East Circle Drive, across from Rocky Creek Drive. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve Annexation Petition #00-09 by Christ Our Rock Lutheran Church and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Council Initiated Text Amendment #00-02 to amend Sections 60.420(9) and 61.300 of the Rochester Zoning Ordinance and Land Development Manual to allow for Design Modifications to Chapter 64. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Council Initiated Text Amendment #00-02 to amend Sections 60.420(9) and 61.300 of the Rochester Zoning Ordinance and Land Development Manual. Ayes (6), Nays (0). Motion carried. A Hearing on Expansion of Residential Permit Parking Zone #8 (Kutzky Neighborhood). Due to improper notification of all residents in the area affected by the proposed parking changes, staff recommended that the hearing be continued to July 5, 2000. Councilmembers Stobaugh moved, Marcoux seconded to continue the hearing on Expansion of Residential Permit Parking Zone #8 (Kutzky Neighborhood) to July 5, 2000. Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Official Street Map Designating the Right -Of -Way Limits for 161h Avenue N.W. Between 7th Street N.W. and Civic Center Drive N.W. in Rochester. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No. 393-00 approving the Official Street Map Designating the Right -Of -Way Limits for 16th Avenue N.W. Between 7th Street N.W. and Civic Center Drive N.W. in Rochester. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5880 Regular Meeting No. 11 —June 5, 2000 Agenda Item E-17 E-18 E-19 E-20 A Hearing to Consider the Making of Local Improvement Project No. 6215-4-00 (J- 9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 394-00 approving Local Improvement Project No. 6215-4-00 (J-9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 621 00 (J-9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 395 00 approving the Proposed Assessment for Local Improvement Project No. 6215-4• 00 (J-9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 9918 (J-9595; "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 396-00 approving Local Improvement Project No. 9918 (J-9595) "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W.". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M004 (J-9601 "Sanitary Sewer to Serve Nelson's & Christopher Courts Subdivisions and the South Side of Marion Road S.E.; and Sewer and Water to Serve 20th Street S.E. from Marion Road S.E. to 200 Feet East of 37th Avenue S.E. & Samelians Subdivisions". Wishing to be heard was Dan Ryan, 1922 35th Avenue S.E., asking the timeline for signing up for the service and the actual work. Jim Loehr, Public Works Department, told the Council that portions of the work would be started this year; homeowners have three years to sign up and five yea to connect from thedate the project was initiated by the City Council Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5881 1 Agenda Item E-21 E-22 E-23 E-24 G-2a Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 397-00 approving Local Improvement Project No. M004 (J-9601) Project No. M004 (J-9601) "Sanitary Sewer to Serve Nelson's & Christopher Courts Subdivisions and the South Side of Marion Road S.E.; and Sewer and Water to Serve 20th Street S.E. from Marion Road S.E. to 200 Feet East of 37th Avenue S.E. & Samelians Subdivisions". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6310-2-00 (J- 9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 %2 Street S.E. to 19th Street S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 398-00 approving Local Improvement Project No. 6310-2-00 (J-9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 %2 Street S.E. to 19th Street S.E.". Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. Project No. 6310-2-00 (J-9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 %2 Street S.E. to 19th Street S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 399- 00 approving the Proposed Assessment for Local Improvement Project No. Project No. 6310-2-00 (J-9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 %2 Street S.E. to 19th Street S.E.". Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #151 by Frank Kottschade to be known as the "401h Street" General Development Plan located along the south side of 40th Street S.W., east of 111h Avenue S.W., and A Hearing on Zoning District Amendment #00-04 by Frank Kottschade to rezone land from R-1 to R-2 located along the south side of 40th Street S.W., east of 11th Avenue S.W. Councilmember Evans moved, Stobaugh seconded, to continue the hearings on General Development Plan #151 by Frank Kottschade and Zoning District Amendment #00-04 by Frank Kottschade to June 19, 2000. Ayes (6), Nays (0). Motion carried. Richard Freese, Public Works Director, stipulated on the record that the City would not introduce an official map for the 40th Street corridor during this extended time period requested by the City. An Ordinance Rezoning Certain Property From the M-1 District to the R-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5$$2 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 Agenda Item G-2b G-2c G-2d G-3a G-3b G-3c G-3d Development Manual of the City of Rochester, Minnesota, was given a first reading. (128 18th Street S.E. and 1805 2"d Avenue S.E.) An Ordinance Annexing to the City of Rochester Approximately 40.17 Acres of Land Located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, and Repealing Ordinance No. 3322, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of Valleyhigh Road N.W., West of West Circle Drive) An Ordinance Annexing to the City of Rochester Approximately .28 Acres of Land Located in a Part o the North Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (North and East Side of East Circle Drive Across From Rocky Creek Drive N.E.) An Ordinance Amending and Reenacting Subdivision 9 of Section 60.424 and Section 61.301 of the Rochester Code of Ordinances, Relating to Design Modification and Concurrent Review, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 4.92 Acres of Land Located in a Part of the Southeast Quarter of the Southeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Evans moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West Side of West Circle Drive, South of Valleyhigh Road N.W., North of 19th Street N.W.) An Ordinance Annexing to the City of Rochester Approximately 49.91 Acres of Land Located in a Part of the Northeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southwest Quarter of Section 18, Township 106 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. (East Side of 23rd Avenue S.E., South of 28th Street S.E.) An Ordinance creating and enacting Section 85A.21 of the Rochester Code of Ordinances, Relating to a Curfew During a Local Emergency, was given a second reading. Councilmembers Marcoux moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to Development Criteria for Special Districts, was given a second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 5, 2000 5883 Agenda Item G-3e An Ordinance Rezoning Certain Property From the A-4 District to the M-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West side of West Circle Drive, South of Valleyhigh Road N.W., North of 19th Street N.W.) Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5$$4 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 Agenda Item A-1 B-1 D-1 & 33 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Councilmembers McConnell moved, Marcoux seconded, to approve the following consent agenda items. See at end of D items. Adopted Resolution No. 400-00 approving the request for reclassifying the position of Director of the Mayo Civic Center from Management I, Grade 8 to Management I, Grade 9. Approved placing all non-exempt, non -bargaining group employees under the same vacation accrual schedule. See at end of D items. Approved the hiring of a consultant not to exceed $5,000 to complete an Analysis of Impediment to Fair Housing as required by HUD. Adopted Resolution No. 401-00 approving a Lease Agreement for brush disposal site with David Cordie DBA Hathaway Tree Service. Adopted Resolution No. 402-00 granting Civic Square Associates the right to sublet parking space in the Civic Square overflow parking lot to the Post -Bulletin under the terms of the April 6, 1998 lease agreement. Approved the following licenses and miscellaneous activities. Liquor — Temporary One -Day Community Youth Mentorship Program — Summer Festival — Fairgrounds — July 14, 2000 Master Installer Mark Wickersham, Rochester Sewer & Drains Paul Cassidy DBA Eyota Excavating Sidewalks — Cement William Bardwell Company, Stewartville Signs Twin Cities Sign Images, Inc. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 5885 1 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 D-15 015110191 Sound Amplification Permits SE Settlers Neighborhood Association — Neighborhood Musical Get - Together — June 16, 2000 (prior approvals: Hanson, McConnell, Evans, Marcoux) Gay -Lesbian Community Services — Annual Pridefest — July 15, 2000 Shiloh New Testament Church — Worship Concert — July 29, 2000 (waiver of time restriction) Rochester Civic Music — July 4th Concert —July 4, 2000 Rochester Civic Music — Down By the Riverside Concert — July 9th to August 20th' 2000 The Studio Academy Charter High School — Musical Talent Event — June 23, 2000 Calvary Chapel of St. Paul — Fellowship Study and Worship — June 21 st to August 30th, 2000 Mayo Medical Center — Mayo Clinic Employees Family Get Together — August 26, 2000 Miscellaneous Street Use Rochester Jaycees — 4th of July Kiddie Parade — July 4th, 2000 Approved Accounts Payable in the amount of $1,574,454.71. Adopted Resolution No. 403-00 approving the low bid of $161,900.00 from Sweeney Brothers Tractor for a 2000 Volvo Track Backhoe. Approved the rejection of bids from Interstate Motor Trucks and MacQueen Equipment, Inc. for the 36,000 GVW 4x4 Single Axle Truck for the Public Works Department. Adopted Resolution No. 404-00 approving the Environmental Impact Statement for the Ridgeview Manor Development. Adopted Resolution No. 405-00 approving Amendment #2 to the Joint Powers Agreement No. 76998 for the expanded scope and costs for completing the TH 63 Layout Plan, Environmental Assessment and Preliminary Design. Adopted Resolution No. 406-00 approving an Engineering Services Agreement with McGhie & Betts for Project No. 8701-8-97 (J-9656) "Public Improvements to Sunset Avenue, Rose Avenue and Harbor Parkway in Rose Harbor". Adopted Resolution No. 407-00 approving an Engineering Services Agreement with Bonestroo, Rosene, Anderlik & Associates for Project No. M070 (J-9700) "Extension of Sanitary Sewer from 2"d Street N.W. to serve Undeveloped Property along 2"d Street S.W." Adopted Resolution No. 408-00 approving an Engineering Services Agreement with Howard R. Green Company for Project No. 6350-4-99 (J-9578) "Reconstruct Portions of 50th Avenue N.W." rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5886 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 Agenda Item D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 Adopted Resolution No. 409-00 awarding the contact to Rochester Sand and Gravel for $75.520.00 for Project No. M003 (J-2463) "Foxcroft Storm Water Pond Improvements". Adopted Resolution No. 410-00 authorizing the City Clerk to advertise for bids for Project No. 6207-4-00 (J-9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. West Approximately 1300 Feet" to be opened on July 12, 2000. Adopted Resolution No. 411-00 accepting voluntary participation in the Stormwater Management Plan by owners of properties identified in the Request for Council Action dated June 19, 2000. Adopted Resolution No. 412-00 executing the City/Owner contract for Project No. 9661 "Watermain to Serve Georgetowne Homes" between the City of Rochester, Georgetowne Limited Partnership and Fraser Construction. Adopted Resolution No. 413-00 executing the City/Owner contract for Project No. J 9691 "Sanitary Sewer and Watermain to Serve Airborne Express" between the City of Rochester, MDC Rochester LLC and. Friedrich Construction. Adopted Resolution No. 414-00 executing the City/Owner contract for Project No. J 9638 "Sanitary Sewer and Watermain to Serve Phase I of the Homestead, consisting of Building D, located on Lot 3" between the City of Rochester, Rochester VOA Elderly Housing and Road Constructors, Inc. Adopted Resolution No. 415-00 executing the City/Owner contract for Project No. J 9628 "Watermain and Hydrant to Serve Quality Overhead Doors" between the City of Rochester, R & P Properties LP and Bob Braaten Construction, Inc. Adopted Resolution No. 416-00 entering into utility connection agreements with 23 property owners in Riverview Subdivision, recording the agreement with the Olmsted County recorder, authorizing the levying of unpaid charges if payment is not made by July 1, 2000 and authorizing the levying of a supplemental assessment against property not connected to the sanitary sewer system by December 1, 2001. Adopted Resolution No. 417-00 entering into utility connection agreements with 12 property owners on 32"d Street N.E., in Morris' Second and Third Subdivisions , recording the agreement with the Olmsted County recorder, authorizing the levying of unpaid charges if payment is not made by July 1, 2000 and authorizing the levying of a supplemental assessment against property not connected to the sanitary sewer system by December 1, 2001. Adopted Resolution No. 418-00 authorizing payment of Supplemental Agreement #1 in the amount of $25,188.20 for Project No. 9802 (J-9469) "Reconstruction of Civic Center Drive, 2"d Street S.E. to 2nd Street N.E.". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 5887 Agenda Item D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-1 0 Adopted Resolution No. 419-00 authorizing payment of Supplemental Agreement #2 in the amount of $8,822.00 for Project No. 9802 (J-9469) "Reconstruction of Civic Center Drive, 2nd Street S.E. to 2"d Street N.E.". Adopted Resolution No. 420-00 authorizing the City Clerk to advertise for bids for Project No. 9755 (J-6383) SAP 55-622-35 "Install Traffic Signal at 55th Street and CSAH 22". Adopted Resolution No. 421-00 authorizing the City Clerk to advertise for bids for Project No. 6300 %2-3-98 (J-9511) "Reconstruct North -South Alley in 300 Block Between Broadway and 1 St Avenue S.W." and Project No. 6300 %2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block Between Broadway and 1" Avenue S.W.". Adopted Resolution No. 422-00 authorizing the City Clerk to advertise for bids for Project No. 6215-4-00 (J-9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway". Adopted Resolution No. 423-00 amending paragraph 20 of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (20) First Street S.W. on the north side of the street, from 4th Avenue to a point 450 feet west of 4th Avenue, 15 minute limit, 7:00 A.M. to 4:00 P.M., Monday through Friday. Adopted Resolution No. 424-00 requesting MnDot to conduct a review of the existing speed zone on Elton Hills Drive N.W.; 41h Avenue to TH63 and to lower the speed from 40 MPH to 30 MPH. Adopted Resolution No. 425-00 accepting the low bid from General Repair Service for one Portable Engine Driven Sewage Pump for the Water Reclamation Plant at a cost of $18,607.71. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked the members if the motion on F-1 of the May 15,2000, minutes to designate Royal Management as downtown developer for their land and GAC TS to proceed with the remainder of the block and other land they may acquire needed clarification. He questioned the term "acquire" wondering if it should have been "require". Other Councilmembers agreed with the wording in the minutes. Councilmembers Senjem moved, Stobaugh seconded, to approve the minutes of the May 15, 2000, and June 5, 2000, Council meetings. Ayes (7), Nays (0). Moti carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 588g CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 Agenda Item D-4 E-1 Councilmember Evans stated that he would not vote for something that was only cosmetic in nature when monies are needed for more classroom space in the schools. Councilmember Evans moved to deny the request for additional funding for the Regional Sports and Recreation Complex and field House to MnSCU. Motion failed for lack of second. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 426- 00 approving a commitment of up to $10,458,673 in sales tax funding for the Regional Sports and Recreation Complex and Field House to MnSCU. Ayes (5), Nays (1), Abstain (1). Motion carried. Councilmember Evans voted nay; Councilmember McConnell abstained. A Continued Hearing on Type 111, Phase I Appeal #00-01 of the Rochester Zoning Board of Appeals denial on Type III, Phase I, Variance Request #00-09 by Rochester Public Utilities to allow for the construction of two structures located at 2301 Baihly Summit Drive S.W. Wishing to be heard was Mark Utz, 21 First Street S.W., representing AT&T Wireless Services. Mr. Utz noted that an extensive analysis of the site had been made and a revised landscape plan has been submitted. The revised landscape plan uses a retaining wall along with shrubs and plantings to camouflage the buildings needed at the base of the water tower. He stated that if a variance is not granted, AT&T will erect the building at the required setback with only the required landscaping. Mr. Utz cited the case of the City of Maplewood trying to deny telecommunications equipment; the Federal Communications Act upheld the right of the telecommunications subscriber to place their equipment at required setbacks. Wishing to be heard was Julie Townsend, AT&T Wireless Services, Bloomington. Ms. Townsend noted the areas of town where signals do not reach the users; signals will travel only two to six miles. She said that the original site that was considered, off Bamber Valley Road S.W., has no vacant lots to place towers. Ms. Townsend also stated that AT&T is committed to building structures that blend with the surrounding residences for color and quality of building materials. The structures are usually 12 feet x 28 feet in diameter. Wishing to be heard was Doug Boese, 2217 Bailey Summit Drive S.W., acting as spokesperson for the Baihly Summit neighbors. He said that they were not satisfied with the proposal from AT&T. He stated that they were of the understanding that the neighbors were to be contacted by AT&T after the last meeting, not Rochester Public Utilities. They have never seen the new landscaping plan that was shown until today so could not comment on it. Mr. Boese noted that they were under the understanding the nothing would be done with the water tower until after the Council meeting; however, people were working on the project today. The neighbors felt that towers should be put on at least two acre lots and that a 180-day moratorium should be placed on all water sites until such time that the City has had a chance to review the ordinance and revise it to not allow towers on any water towers in residential sites. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 5889 Agenda Item Terry Adkins noted that the variance that was requested affected AT&T only and not the other two companies also leasing space on the water tower. Wishing to be heard was Gregory Korstad, Larkin, Hoffman, Daly and Lindgren, Bloomington, representing APT Minneapolis, one of the other two telecommunication companies leasing space from RPU on the water tower. The lease was executed March 1, 2000, and obtained a zoning certificate from the Planning Department on March 17, 2000. A March 6, 2000, letter from the Building Department indicated no permit was required. In hearing about possible moratoriums, the company started construction on its authorized use of the Baihly Summit water tower. The antennas are not going to be very visible to those not knowing where to look on the water tower. They intend to erect the building on whatever landscaping is imposed. He felt that the City had a much more hidden telecommunication infrastructure by using these sites and by using the landscaping screens that can be provided to hide the ground structures than other municipalities have done. Wishing to be heard was Mark Utz, representing AT&T, addressing the issue of a possible moratorium. Minnesota Statute 462.355 says that imposing moratoriums should not be arbitrary. The city has done an analysis and set a policy. Moratoriums are for public policy and not permits. After the last meeting, a revised landscaping plan was submitted to RPU within a week. AT&T has tried to work with the community in this issue. Mr. Utz felt that they should meet with the neighbors at this time as one of the concerns was that no meeting had been held. Terry Adkins, City Attorney, noted that the Planning Director verified the zoning certificate from APT Minneapolis. He also noted that APT has a signed contract. If we did not fulfill our obligation, we may be guilty of a "taking" under the Fifth Amendment. In regard to AT&T, Mr. Utz said that he had a zoning certificate; the Planning Department indicated that he did not. The original contract with AT&T has been signed by them but not by the City of Rochester. No representative from Northern PCS was available. Mr. Adkins noted that there is a signed agreement with them but he was unaware of a zoning certificate. Under the City of Rochester ordinance a zoning certificate gives a vested property right which cannot be taken away from an entity without paying for it. In response to a question concerning the maximum number of antennas on a water tower, he said other companies can also use the water tower until the water tower is adversely affected or one antenna starts to interfere with the other towers. Wishing to be heard was Gregory Korstad, Larkin, Hoffman, Daly and Lindgren, Bloomington, representing APT Minneapolis. He noted that they will be constructing their facility along the lines approved by RPU unless there is another alternative plan preferred by the City as a result of the AT&T landscaping design. He also indicated, however, that they would not hold off building for any further length of time; they have already postponed their building for 90 days. Wishing to be heard was Michael Hicken, 2119 Bailey Summit Drive S.W., in opposition of the proposed variance. He asked that the Council to request the r- I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5890 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 Agenda Item E-2 companies involved to look at all site alternatives and provide a summary of those areas as to why or why not they would not be acceptable. Wishing to be heard was Victoria Thompson-Lundsgaard. She is one of the owners of the property to the west of the water tower. They are planning on developing the area in the few years and are concerned about the effect the towers will have on the land valuation. She also noted that they had not received any type of notice on the proposed placement of the telecommunication towers for this area. Wishing to be heard was Nancy Mellon, 2128 Bailey Summit Drive S.W. She stated that in all other areas neighborhoods have been alerted as to what was happening; this area was not. She asked the Council to cancel the contracts now at whatever cost to the City. She also stressed the need for a 90-day moratorium to take a further look at the policy that had been previously set by the Council on the placement of towers in residential areas. Wishing to be heard was Bob Fisher, 1154 23`d Avenue S.W. Mr. Fisher also endorsed the idea of a moratorium to look at the ordinance and revise as needed as it pertains to residential water towers. The moratorium would give the staff a chance to look at the state and federal statutes and see if there are any ways that the policy of the City can be modified for the future. Terry Adkins, City Attorney, noted that if a moratorium resulted in changes in the ordinance it would be prospective only; nothing would be changed for those already existing. Wishing to be heard was Doug Rovang, Rochester Public Utilities. Mr. Rovang noted that if the variance is not granted tonight, APT goes ahead with their building, meeting the setback requirements, but ruining the landscaping plan proposed by AT&T. If the variance is granted, all three of the carriers are obligated to following the proposed landscaping plan. Wishing to be heard was Marilyn Theismann, 2243 Baihly Hills Drive S.W. Ms. Theismann noted that she and others could not meet at this time due to the lateness of the hour. Councilmembers Senjem moved, Stobaugh seconded, to table the variance request to give the neighbors time to meet and review the revised landscape plan. Ayes (7), Nays (0). Motion carried. (Discussion resumed after Item E-8.) Councilmember Marcoux left the meeting. A Hearing Type III, Phase II Land Subdivision Permit #00-22 by Randy Reynolds and Jerry Schultz to be known as Southern Woods Third Addition located south of Southern Woods Place S.W., and east of 11th Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 5891 1 Agenda Item E-3 E-4 E-5 Councilmembers Stobaugh moved, Hanson seconded, to approve Land Subdivision Permit #00-22 by Randy Reynolds and Jerry Schultz to be known as Southern Woods Third Addition with three conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #00-23 by Leslie Lurken to be known as Wedgewood Hills Fourth Subdivision located along the west side of 50th Avenue N.W., south of Holy Spirit Church and the existing Wedgewood Hills Subdivision. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He noted that they were in agreement with the conditions and that he would be working with Mitzi Baker on Item 1-b and Mike Nigbur on Item I-d. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Land Subdivision Permit #00-23 by Leslie Lurken to be known as Wedgewood Hills Fourth Subdivision with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-24 to be known as Georgetown Homes located along the south side of 55th Street N.W., east of the Menards Store. Wishing to be heard was Dale Allen, Yaggy-Colby Associates, representing the developer. He noted that they were 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 adopt Resolution No. 427-00 approving Final Plat #00-24 to be known as Georgetown Homes and Resolution No. 428-00 approving the proposed Substantial Land Alteration Activity. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-26 by W.A. Fitzgerald and M. Hindermann to be known as Hindermann Fitzgerald Subdivision located west of Highway 52, north of 2"d Street N.W. and the West Zumbro Addition. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 429-00 approving Final Plat #00-26 by W.A. Fitzgerald and M. Hindermann to be known as Hindermann Fitzgerald Subdivision with two conditions. Ayes (6), Nays (0). Motion carried. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5892 Regular Adjourned Meeting No. 12 —June 19, 2000 Agenda Item E-6 E-7 A Hearing on General Development Plan #154 to be known as O & B's Commercial Center located west of Highway 52, south of 65th Street N.W. and Westgard's First Subdivision. Wishing to be heard was Jeff Griffin, GGG Engineering, Chatfield, representing the owner. At the request of the neighbor to the west and the City, the land was annexed approximately two years ago. The sewer line will go through the property to allow the Penz property to the west to be developed. A transmission water line extending from the North Park Tower to serve property east of TH52 will now be placed on the north side of the property. There have been traffic problems; MnDot has now closed the intersection at 651h Street. The proposed commercial use of the property will not diminish the peak periods of traffic usage because the traffic pattern will run the opposite direction of peak traffic. If the proposed R-1 had been developed, a bottleneck would occur in the morning and evening. There are currently billboards on the property that are non -conforming. The property owner would like to put warehouses on the property. Mitzi Baker, Planning Department, addressed the section in the land use plan talking about strip commercial development; it noted it should be prohibited. The use of strip development distracts from the general appearance of the property and surrounding commercial uses. Terry Adkins, City Attorney, suggested that the Council consider the next item on the agenda, the Land Use Plan Amendment #00-06, prior to taking action on the General Development Plan. Councilmembers Senjem moved, Stobaugh seconded, to table General Development Plan #154 to be known as O & B's Commercial Center to consider the Land Use Plan Amendment first. Ayes (6), Nays (0). Motion carried. (This item appears again after Item E-8.) A Hearing on Land Use Plan Amendment #00-06 by Billman-Orr LLC to amend the Land Use Plan from "low density residential" to "commercial" located west of Highway 52, south of 651h Street N.W. and Westgard's First Subdivision. Wishing to be heard was Jeff Griffin, GGG Engineering, Chatfield, representing the owner. A neighborhood meeting was held with no objection to the project. Councilmember Senjem said that this seemed to be more of a destination development rather strip development. The people that go there are specifically wanting to go there. Jeff Griffin, GGG Engineering, noted that they intend to extend the cul-de-sac into the development as shown on the general development plan. Councilmember McConnell did not agree with the B-4 zoning designation due to t fact that B-4 supports numerous uses other than a warehouse. He noted that the findings do not support the use of a commercial land use designation. Cl RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 5893 Agenda Item M 1 Terry Adkins, City Attorney, noted that the Planning Staff suggested an incentive development which acts like a conditional use permit. They would need to reapply for the incentive development. Jeff Griffin, GGG Engineering, indicated that they would be willing to restrict the available uses at the site by the way of the general development plan. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 430-00 approving Land Use Plan Amendment #00-06 by Billman-Orr LLC to amend the Land Use Plan from "low density residential" to "commercial" and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (5), Nays (1). Motion carried. President Hunziker voted nay. A Hearing On Zoning District Amendment #00-08 by Billman-Orr LLC to rezone from R-1 to B-4 land located west of Highway 52, south of 65'h Street N.W. and Westgard's First Subdivision. Wishing to be heard was Jeff Griffin, GGG Engineering, representing the owner. They noted that they were looking at a low -traffic usage of a warehouse. Wishing to be heard was Kent Billman, 5100 West River Road N.W., co-owner of the project. He noted that because of the access and location, a large development, such as a Wal-Mart, would not be possible. The access dictates common sense. We are interested in doing a warehouse. The zoning has to be B- 4 in order to allow the billboards. Terry Adkins, City Attorney, disagreed with the zoning statement and said that the billboards would be non -conforming but would remain. Phil Wheeler, Planning Department, said that an M-1 district would allow for a warehouse district. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to deny Zoning District Amendment #00-08 by Billman-Orr LLC to rezone from R-1 to B-4. Ayes (3), Nays (3). Motion failed. Councilmembers Evans, Hanson and Senjem voted nay. Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #00-08 by Billman-Orr LLC to rezone from R-1 to B-4. Ayes (3), Nays (3). Motion failed. Councilmembers McConnell, Stobaugh and President Hunziker voted nay. Councilmembers Senjem moved, Evans seconded, to table Zoning District Amendment #00-08 by Billman-Orr LLC to rezone from R-1 to B-4 to allow the developer to work with staff. Ayes (6), Nays (0). Motion carried. Councilmember Marcoux returned to the meeting. IRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5894 Regular Adjourned Meeting No. 12 —June 19, 2000 Agenda Item E-6 E-1 Councilmembers Hanson moved, Stobaugh seconded, to remove from the table General Development Plan #154 to be known as O & B's Commercial Center. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to remove from the table General Development Plan #154 to be known as O & B's Commercial Center. Ayes (6), Nays (0). Motion carried. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to table General Development Plan #154 to be known as O & B's Commercial Center in conjunction with Item E-8 and to waive the required filing fees. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember Marcoux abstained. Councilmembers Hanson moved, Marcoux seconded, to remove from the table the Appeal of the Variance Denial by Rochester Public Utilities. Ayes (7), Nays (0). Motion carried. Councilmember Marcoux asked that if the variance request were approved and conditioned, would APT comply with the location of their building to comply with the landscape plan. Wishing to be heard was Gregory Korstad, Larkin, Hoffman, Daly and Lindgren, Bloomington, representing APT Minneapolis, said that if the variance is approved, they would move their building to a location designated on the RPU landscaping plan. After the neighbors met as a group, Councilmember Marcoux said that it was the consensus of the neighbors that the variance be allowed with the location but that the companies are to work with the neighbors on the landscaping. They are also wanting a moratorium to look at what is currently in place for restrictions and other concerns in residential areas. Terry Adkins, City Attorney, noted that a moratorium would not impact APT, might impact PCS, and would impact AT&T. Wishing to be heard was Mark Utz, representing AT&T. He said that his client, AT&T has submitted the landscaping plan and would like to have the variance passed subject to the landscaping plan changed as necessary. Wishing to be heard were the following neighborhood residents noting that Councilmember Marcoux spoke to the consensus of the neighbors, that they had not seen the final landscaping plan until this evening and should have a say in the plan and urged the Council to approve a moratorium for looking at future placeme in residential areas: Nancy Mellon, 2128 Baihly Summit Drive S.W. Doug Boese, 2217 Baihly Summit Drive S.W. Karen Canzanello, 2212 Baihly Hills Drive S.W. 1 Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 5895 1 Agenda Item E-1 b E-9 Councilmembers Senjem moved, Stobaugh seconded, to approve Appeal #00-01 of the Rochester Zoning Board of Appeals denial on Type 111, Phase I, Variance Request #00-09 by Rochester Public Utilities with the condition that Rochester Public Utilities, neighborhood representatives from the Baihly Summit area, Northern PCS, APT, and AT&T meet and provide input on the landscaping plan design of the accessory building. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Wishing to be heard was Jim Carlson, Rochester Public Utilities Board. Mr. Carlson suggested that instead of a moratorium he proposed a study group, lead by the Public Utility, to try to look at the problem. The study group would consist of neighbors, city attorney's office, city administrator's office, landscapers, and vendors meeting to try to come up creative ideas because the problem may arise in the future. Couricilmembers Hanson moved, Evans seconded, to impose a moratorium on the execution of any future contracts on municipally -owned property for 60 days exempting APT, AT&T, and Northern PCS as well as anyone else who has a fully executed contract. Ayes (7), Nays (0). Motion carried. A Continued Hearing on General Development Plan #151 by Frank Kottschade to be known as the "40th Street" General Development Plan located along the south side of 40th Street S.W., east of 11th Avenue S.W. Wishing to be heard was John Arnold, Dunlap and Seeger, representing the applicant, Franklin Kottschade. He noted that one of the requirements called for the dedication of property and an agreement to fill according to the new slopes designed for the proposed 40th Street. Mr. Arnold submitted for the record preliminary drawings dated May 9, 2000, provided by the Public Works Department, and the profiles of the actual grades necessary to cut back the slopes. He also noted that a condition had been added on the location of a private roadway. In an effort to get further information, a request was made on June 5th for that further information from Richard Freese, Public Works Director; that letter and the response from Mr. Freese of June 14, 2000, was also submitted for the public record. Mr. Arnold had been advised by his client that they are not in agreement with any of the conditions in the staff proposal including that the private roadway running parallel with 40th Street S.W. be located on the general development plan outside the 40th street right-of-way. They are opposed to all the conditions marked one through eight. Wishing to be heard was Jonathan Allen, 709 Seventh Street N.W., owning property overlooking the area. Currently, the narrow bridge located at the east end of 40th Street S.W. will be torn out as part of the new 40th Street. By restricting this area and by allowing the conditions to be set aside, the same situation is being invited again where people are dodging each other at the edges of the bridge. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5896 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 Agenda Item E-10 E-11 F-1 F-2 Councilmembers Senjem moved, Stobaugh seconded, to instruct the City Attorney to prepare draft Findings of Fact, Conclusions of Law and Order to be brought back to the Council at the July 5, 2000, council meeting and which approved General Development Plan #151 by Frank Kottschade to be known as the "40th Street" General Development Plan with nine conditions. Ayes (6), Nays (1). Motion carried. Councilmember Hanson voted nay. A Continued Hearing on Zoning District Amendment #00-04 by Frank Kottschade to rezone land from R-1 to R-2 located along the south side of 40th Street S.W., east of 11th Avenue S.W. Wishing to be heard was John Arnold, Dunlap and Seeger, representing the applicant, Franklin Kottschade. The request for an R-2 zoning change was passed unanimously by the Planning Commission. The Planning staff has requested that an R-1x zoning be considered; he noted that his client is requesting the R-2 because it gives more flexibility to the developer to develop in a conventional style rather than a townhome. The difference is in density and sideyard setbacks Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Zoning District Amendment #00-04 by Frank Kottschade to rezone land from R-1 to R-2 with the Findings as noted in the Request for Council Action on pages 335 and 336. Ayes (7), Nays (0). Motion carried. A Hearing on the Mass Transit Program of Projects. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 431-00 approving the submission of an application to the U.S. Department of Transportation/Federal Transit Administration for financial assistance for 2000 Operations. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 432-00 supporting the use of the 2001 housing tax credits and will consider the use of "pay as you go" tax increment financing for the 28 unit rental townhomes that are part of the Valley Side Estates Development subject to adoption of a tax increment financing plan after the required hearing. Ayes (7), Nays (0). Motion carried. Councilmember McConnell stated that this item should be a public hearing to receive input from affected individuals. He said that ten years ago the County proposed a traffic signal at CSAH 22 and TH52 West Frontage Road. He asked that the Council approve the traffic signal and later consider the traffic problem for better alternatives. This issue needs to be resolved by the City. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 433- 00 executing a Traffic Signal Agreement with Olmsted County for the installation of a traffic signal at the intersection of CSAH 22 and the TH 52 West Frontage Road RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 19, 2000 5897 Agenda Item F-3 G-2a G-3a G-3b G-3c G-2b I -a without any condition calling for the construction of the extension of Villa Road between Chateau Road and Longboat Road by September 2005. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 434- 00 approving the Settlement Agreement with Western Walls and the agreement with Lessee and Western Walls in settlement of the Cascade Lake condemnation case. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 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 first reading. An Ordinance Rezoning Certain Property From the R-1 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 moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 60th Street S.W., West of Highway 63) An Ordinance Crating and Enacting Chapter 45B of the Rochester Code of Ordinances, Relating to the Regulation of Parks and Parkways in the City of Rochester, and Repealing Chapter 45 of the Rochester Code of Ordinances. was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Chapter 48 of the Rochester Code of Ordinances, Relating to the Regulation of Tall Grass and Weeds, and Repealing Sections 72.07, 72.08 and 72.09 of the Rochester Code of Ordinances, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a first reading. Phil Wheeler, Planning Department called the Council's attention to page 257 of the agenda and a letter from Jeff Broberg to Frank Kottschade. County Public Works staff conducted a meeting with the County and the Township. No City or Planning staff were in attendance. They asked the Township for the information that had been released at the meeting. The meeting was recessed for 15 minutes to allow the City Attorney time to prepare the moratorium ordinance. Meeting resumed. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 19, 2000 Agenda Item G-2c An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk I� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5899 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: Councilmember Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. C-1 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 435-00 referring the petition for Street Reconstruction on 19th Avenue N.W. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. C-2 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 436-00 referring the petition for "The Removal of Island Curbing at the Intersection of 26th Street N.E. and Villa Heights Drive N.E. and Placing a Stop Sign at 26th Street N.E.". Ayes (7), Nays (0). Motion carried. D-1- Councilmembers Stobaugh moved, Evans seconded, to approve the following 39 consent agenda items. D-1 There were no minutes for approval. D-2 See at end of D Items. D-3 Adopted Resolution No. 437-00 approving Subordination Agreements with the IBM Credit Union for the PEMSTAR Project. D-4 Adopted Resolution No. 438-00 approving Fire Service Contracts with Marion, Cascade, Rochester and Haverhill Townships for years 2000-2004. D-5 Adopted Resolution No. 439-00 approving the $ Home Program with HUD for Habitat For Humanity. D-6 Adopted Resolution No. 440-00 approving a revocable permit with Brad Piens, 215 12th Street N.W., to allow landscaping timbers in the public right- of-way adjacent to the property. D-7 Adopted Resolution No. 441-00 setting a public hearing date of August 21, 2000 to consider the establishment of a Tax Increment Financing District for 50 lots within the Valley Side Estates Subdivision located along the east side of 40th Avenue S.E., east of the Eastwood Hills Subdivision. D-8 Adopted Resolution No. 442-00 approving the agreement with McGhie & Betts to prepare "Record" drawings and other required information for Project No. J-6966 'Rochester International Airport Subdivision No. 1 ". D-9 Adopted Resolution No. 443-00 approving the agreement with ACSG for Project No. J-6911 "Construction of 2100 foot extension to Runway 02/20 and Taxiway". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5900 Regular Meeting No. 13 — July 5, 2000 Agenda Item D-10 D-11 D-12 D-13 D-14 D-15 Adopted Resolution No. 444-00 approving the agreement with ACSG for preparation of a new Passenger Facility Application (PFC) application and implement a new rate of $4.50. Adopted Resolution No. 445-00 approving the Landlord Estoppel and Agreement with AGD, Incorporated to refinance the building that Federal Express is occupying on Airport property. Adopted Resolution No. 446-00 approving Change Order No. 2 with Alvin E. Benike, Incorporated for Project No. J-6942 "Terminal Building Improvements". Adopted Resolution No. 447-00 authorizing the execution of State Aid Agreements for Airport Advertising and Promotion. Approved revision of the City Curfew Ordinance to Sunset in September 1, 2002, and instructed the City Attorney to prepare the required ordinance for adoption. Approved the following licenses and miscellaneous activities: On -Sale 3.2 Beer — Temporary Downtown Business Association — 41h Annual Blues Festival — August 19, 2000. Dance — Temporary Aviary Restaurant — Annual Malibu Mania Event — July 28, 2000. Gambling — Premise Permit Bear Creek Services — At Knights of Columbus Sound Amplification Aviary Restaurant — Annual Malibu Mania Event — July 28, 2000 (requested time waiver to 12 midnight). Dr. Glen Smith & Dr. Jennifer Fisher — Backyard Wedding Reception — July 29, 2000 (requested time waiver to 10:00 P.M.). Mayo Professional Conference — Biocomm 2000 Mayo Park — July 15, 2000 (requested time waiver to 10:00 P.M.) Heating, Ventilatinq & Air-Conditioninq J-Berd Mechanical, St. Cloud Miscellaneous Activities Ironwood Springs Christian Ranch, Inc. — National Wheelchair Race — July 10, 2000. American Cancer Society — All Night Relay Walk — July 14 & 15, 2000. Mayo High School — Annual Homecoming Parade — September 29, 2000. LJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5901 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 Im: Rochester Area CROP Association — Fundraiser Walk for Hunger — October 14, 2000. Approved the transfer of the On -Sale and Sunday Intoxicating Liquor License and Bowling License for Colonial Lanes/Brass Lantern Restaurant at 1828 14`h Street N.W. to Michael J. Anderson, Colonial Company DBA Colonial Lanes & Brass Lantern Restaurant. Approved the transfer of the On -Sale 3.2 Beer License from New Magic Wok to Asia Restaurant. Approved the requested amendment to RCO 138.05 Residential Parking Permits to allow display of the permit sticker in the inside of the rear window rather than the rear bumper of the vehicle and instructed the City Attorney to prepare the required ordinance for adoption. Approved Accounts Payable in the amount of $2,420,380.82. See at end of D Items. Adopted Resolution No. 449-00 authorizing execution of the Professional Services Agreement with Government Finance Officers Association for contracting services relating to enterprise systems software and implementation services. Acknowledged the appointment of Daniel W. Swanson, Leslie A. Tannahill and Jay J. Clemens as Police Officers for the City of Rochester. Approved the appointment of Joseph J. Minnis to the position of Firefighter for the City of Rochester. Approved the appointment of David G. Beagle to the position of Firefighter for the City of Rochester. Adopted Resolution No. 450-00 entering into a purchase agreement for $372,000 for a 23.6-acre parcel of land from Joseph and Wendy Postier to be acquired as a part of the Quarry Nature Park. Approved rescinding the June 5, 2000 motion to approve Final Plat #99-22, Lincolnshire North Third Subdivision, and re -approving the Plat subject to the modification reducing the width of an Outlot that will be dedicated to the City and increases the depth of the single family lots abutting the Outlot. D-27 Adopted Resolution No. 451-00 authorizing the execution of a grant through a Minnesota Department of Public Safety Operation Night CAP for the Rochester Police Department for reimbursement of overtime expenses of up to $1200 for a local alcohol saturation program. r— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5902 Regular Meeting No. 13 — July 5, 2000 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 Adopted Resolution No. 452-00 authorizing the execution of Municipal Cost Share Agreement No. 80341 with MnDot in the amount of $110,000 for the MnDot share of improvements to 41st Street N.W. between the TH52 southbound ramps and the West Frontage Road. Adopted Resolution No. 453-00 approving a Development Agreement with Bigelow Enterprises for the Kingsbury Hill Development. Adopted Resolution No. 453A-00 approving a Development Agreement with Bandel North Development LLC for the Bandel North Development. Adopted Resolution No. 454-00 approving a Development Agreement with Share B Trust u/w Robert E. Theel and the Share C Trust u/w Robert E. Theel for the Theel Property known as the Crown Subdivision. Adopted Resolution No. 455-00 approving a Development Agreement with Butch Swartz/City Auto Glass for the Phone Station Subdivision. Adopted Resolution No. 456-00 approving Stormwater Management Agreements for participants as noted in the Request for Council Action Item D-33 agenda item. See at end of D Items. Adopted Resolution No. 457-00 awarding the contract for Project No. J-2198 "Concrete Pavement Rehabilitation Project on 11t" Avenue S.W. from 2nd Street S.W. to 200 Feet North of 3rd Street N.W." and Project No. J-2197 "Concrete Pavement Rehabilitation Project On 4t" Street S.W. from 6t" Avenue S.W. to 2nd Avenue S.W." to Knish Construction, Inc. for $226,846.80. Adopted Resolution No. 458-00 authorizing the City Clerk to advertise for bids for Project No. 6921-00 (J-9622) "Concrete Curb & Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. West to Cul-De-Sac" for August 2, 2000. Adopted Resolution No. 459-00 amending the following paragraphs of the Comprehensive Traffic and Parking Resolution Book, to read: Paragraph 11 of Section E "Passenger Loading Zones" (11) West Center Street, on the north side, from 7t" Avenue to a point 130 east of 7t" Avenue, from 7:00 A.M. to 5:00 P.M., Monday through Friday, 5 minute limit. Paragraph 16 of Section B "No Parking Zones" (16) West Center Street, on the north side, from a point 130 feet east of 7t" Avenue to 6t" Avenue, between the hours of 7:00 A.M. to 3:00 P.M., school days, for buses only. 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5903 Agenda Item D-38 D-39 D-40 D-41 D-42 D-2 D-20 Adopted Resolution No. 460-00 calling for a public hearing on August 7, 2000, to consider exansion of Residential Permit Parking Zone #6 (Edison Neighborhood) for 9t Avenue S.W. on the west side of the street from 5th Street to 61h Street. Adopted Resolution No. 461-00 approving Change Order #1 to the Orion Bus Industries contract increasing the per unit cost of $94.00 for a total unit cost of $210,094.00. Adopted Resolution No. 462-00 amending Wetland Replacement Plan for the Cote Property at 40th Street S.W. and US 63 with the condition that the applicant must submit a credit withdrawal form after the wetland bank is approved by the Board of Water and Soil Resources (BWSR). Adopted Resolution No. 463-00 awarding the contract for providing engineering services for the design of the raw sewage pipeline replacement in the Water Reclamation Plant to Black & Veatch Engineers for $18,000.00. Adopted Resolution Nos. 464-00, 465-00, and 466-00 accepting the feasibility report, and setting a project and assessment hearing for August 7, 2000, for Project No. J-9658 "Construct 261h Street N.W. from West Circle Drive west 500 feet". Ayes (7), Nays (0). Motion carried. Councilmember Senjem noted that he was a part of the Small City Vitality Task Force. One task noted talks about improving coordination among entities... directed at how governmental services might be best delivered. He was concerned about a very specific recommendation on "the creation of a form for the purposes of further exploring and developing recommendations specific to the subject of governance, intergovernmental relations, focusing on how best to deliver essential services to the citizens of Olmsted County at 21st Century" He strongly urged the essence of the language in the report is not forgotten. Councilmember Senjem moved, McConnell seconded, to approve the transfer of $10,000 from the 2000 Contingency Account to assist in the funding of a position for the 215t Century Partnership. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked how the flood control tax dollars were to be used for the tax revenue bond. Dale Martinson, Finance Director, noted that the original intent was to use whatever sales tax funds were available at the time they were turned over to the UCR along with borrowing internally enough dollars to pay them what we needed to avoid rebate problems encountered. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5904 Regular Meeting No. 13 — July 5, 2000 Agenda Item D-34 Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 467-00 providing for the issuance of the City's General Obligation Sales Tax Revenue Bond for 2000 in the amount of $10,458,673.00. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. Terry Adkins, City Attorney, related an incident in the Foxcroft area involving a sewer backup in a City/Owner contract; the primary insured is Road Constructors and the City is named as an additional insured. The City's efforts to get the insurance company to respond to claims against the City has not met with any success, the Council felt that it was appropriate to ask Road Constructors to appear before the Council so that they may hear the concerns and indicate how they wish to respond. The City/Owner Contract between the City, Rochester VOA Housing and Road Constructors is before the City Attorney to preliminary approval. The contract for J-6397, being considered at this time, would have the same insurance company as is being currently dealt with Councilmembers Marcoux, Hanson seconded, to table item D-34 until Road Constructors tells the City what it plans to do to answer the concerns of the neighbors in Foxcroft. Discussion. Richard Freese, Public Works Director, was concerned that a delay in awarding the contract would impact the development agreement with Ryan Companies, Inc. that requires certain performance on the part of the City. The City is currently several weeks behind in the schedule. Councilmember Marcoux moved, Hanson seconded, a substitute motion to adopt Resolution No. 468-00 awarding the contract for Project No. M051 (J- 6397) "Intersection Improvements and Signal System at 41 st Street N.W. and West Frontage Road" to Road Constructors, Inc. for $497,121.90, subject to the condition that Road Constructors names an Insurerer that is acceptable to both the City Administrator and the City Attorney in terms of their ability to perform in response to any claims that might be brought. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing on the Residential Permit Parking Petition from the Kutzky Addition Neighborhood. Wishing to be heard was Jon Story, 311 Seventh Avenue N.W. Mr. Story stated that over the past years the street has been turned into a high school parking lot. He was in favor of the proposal. Wishing to be heard was Ralph Hurley, 1003 West Center. Mr. Hurley stated that he moved from Texas to Rochester approximately I %2 years ago due to the low crime rate in Rochester. He has fixed his home up but the street has become a hot rod lane. He supported the permit parking petition. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5905 Agenda Item Wishing to be heard was Laverne Senst, 1012 First Street N.W. Mr. Senst noted that some of the trees in the neighborhood are not being removed after they have died. Mr. Senst felt that such unsightly conditions devalued his and other properties that owners are keeping up. Wishing to be heard was John Molkentin, 1004 West Center, in favor of the permit parking; he said that they currently have no place to park in front of their homes. Wishing to be heard was Susan LeGare-Gulden, Building and Safety Inspector for the City of Rochester. She noted that the property at 904 West Center has been rental property for a number of years. The landlord has been good in working with the Department over the past years. She favored permit parking for the area; she said that if it is approved, other front yard parking would probably be stopped. Wishing to be heard was Teras Yonkers, 623 Third Street N.W. She asked that permit parking be excluded for Lourdes High School students; the parking should only be for the residents. Wishing to be heard was Sylvia Quirk, 847 First Street N.W. She said that the front yard parking at 904 West Center has been a problem for five to six years. She asked why it was taking so long to resolve the problem and why the ordinance banning front yard parking isn't being enforced. Ms. Quirk said that the tenants of the building are driving over the boulevard to get onto the front yard. She was in support of the permit parking but didn't think it would help solve front yard parking problems. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh noted that front yard parking is a continual problem in the neighborhoods. He suggested the preparation of an addition to the housing ordinance, for those properties covered by rental certificates which would require compliance with all other state, county and city ordinances and which would provide for suspension and revocation of rental certificates should there be non-compliance. He referred to the Liquor Ordinance that will not allow approval until all other ordinance requirements are met. Terry Adkins, City Attorney, said that he would draft an ordinance to be considered at the July 17th Council meeting that would call for revocation or suspension of rental certificates if compliance with other ordinances are not met. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 469-00 approving the Residential Permit Parking Petition from the Kutzky Addition Neighborhood. Ayes (7), Nays (0). Motion carried. r— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5906 Regular Meeting No. 13 — July 5, 2000 Agenda Item E-2 A Hearing on Type III, Phase II Restricted Development Conditional Use Permit #00-13 by Galen and Patricia Youngkrantz, to allow for the development of a recreational vehicle park located along the east side of 11 to Avenue S.W., south of Scenario Lane S.W., and north of 10tn Avenue S.W. Mitizi Baker, Planning Department, brought forward further information. She stated that after the Planning Commission public hearing was held, further information on Minnesota Rules that require mandatory environmental worksheets to be prepared for an RV parks with 50 or more units. The consultant has informed Planning that they will reduce the park size to 49 units or less. Wishing to be heard was Mark Welch, GGG Engineering, representing the applicant. He said that the four units that would be dropped would be in the northeast corner adjoining the South Pointe property. Mr. Welch noted their concern with Condition #14 requiring a storm shelter. He said that a shelter is not required for this type of development. He also noted that due to the layout of the building, there is no place to put a shelter that would meet the requirements for open space. Mr. Welch also was concerned with Condition #15 requiring a fence on the north side of the property. He said that many trees would need to be removed and did not feel that the people in the South Pointe Subdivision would appreciate the removal of the trees. He also noted that there was a utility easement located on the north property line that would not allow for the placement of a fence as the condition would require. Mr. Welch said that the houses in South Pointe are set back approximately 100 feet from the easement. Wishing to be heard was Kris Hammel, 704 Scenario Lane S.W. She noted that there are ten property owners on the property line; they are willing to work with the developer. The first 20 feet on the north property line are easements for various reasons. They are not concerned with the zoning but rather with safety reasons for wanting the fencing. They thought the fence would be 15-20 feet to the south of the property line and easement, just outside the easement. Wishing to be heard was Gaylen Youngkrantz, 2260 Fisher Court N.W. He stated that the original easement was for 50 feet and was obtained for People's Cooperative Power Association. Wishing to be heard was Dave Thompson, 810 Scenario Lane S.W. He said that the residents would like a six-foot fence to guarantee a firm barrier between the homes and the RV park. Terry Spaeth, Administrative Assistant, noted that the easement was a 50- foot strip of environmental easement put in by the developer of South Pointe so that the trees would not be destroyed and the residents of the development would be hampered by commercial development to the south. F� [1 1 I� Agenda Item E-3 E-4 E-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL RecfiJS gtiWliW�%TTF I N 0(JTA t590 7 Mitzi Baker, Planning Department, suggested that Planning staff work with the developer on the location of the fence. If it will encroach into the easement area, they will determine who has rights to the easement area and whether or not a revocable permit is an option. Terry Adkins, City Attorney, suggested that Condition #14 be reworded to read: "If required by federal or state law or city ordinance, a storm shelter shall be provided on the property". Wishing to be heard was Todd Hawkins, Yaggy-Colby. He reminded the Council that the County requires storm shelters in manufactured home parks. He suggested that the City check with the County as to their requirements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 470-00 amending Condition #14 to comply with federal, state, county and city laws and ordinances and Condition #15 to require the fence to be located subject to City staff and at a required 6-foot height and with approval of the remaining 14 conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-48 to be known as Bandel North First located along the east side of Bandel Road N.W., adjacent to the City of Rochester water reservoir site. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant and in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution Nos. 471-00 and 471A-00 approving Final Plat #99-48 to be known as Bandel North First with three conditions and approval of the Substantial Land Alteration request. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-34 to be known as Circle 19 Plaza located along the west side of West Circle Drive, north of 191h Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 472-00 approving Final Plat #99-34 to be known as Circle 19 Plaza with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-27 to be known as Phone Station First located north of 38th Street N.W. and east of 10th Lane N.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-6 E-7 E-8 E-9 Recfil�ffNQEtiWlgbiE-IFSTE guloNPW=TA Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 473-00 approving Final Plat #00-27 to be known as Phone Station First with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-06 by Rodney Younge to vacate a portion of a watermain easement located west of Highland Court S.W., south of Country Club Road and north of Eagle Lane S.W. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted their agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 474-00 approving Vacation Petition #00-06 by Rodney Younge with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Right -of -Way Vacation Petition #00-05 by the City of Rochester to vacate the right-of-way for 15th Avenue S.E. located north of King Court S.E. and south of Graham Court S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 475-00 approving Vacation Petition #00-05 by the City of Rochester. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-10 by Meryl Groteboer to annex land located along the west side of 18th Avenue S.W., north of 40th Street S.W., across from 361h Street S.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that there was no objection to the annexation from the Rochester Township Board. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Annexation Petition #00-10 by Meryl Groteboer and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Residential Permit Parking on the east side of 15th Avenue S.W. from Second Street to Fifth Street. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5909 Agenda Item E-10 E-11 Councilmember Marcoux noted that the residents' approval for the permit parking has dropped from 65% to 55%. She has received phone calls and letters, obviously people with questions; she asked that the item be tabled to the July 17, 2000, meeting. Ann Erie, 435 151h Avenue S.W., asked if Councilmember Marcoux would be meeting with everyone. Councilmember Marcoux indicated that she would be, especially the residents who had not indicated their preference. Councilmembers McConnell moved, Marcoux seconded, to continue the hearing to Consider Residential Permit Parking on the east side of 151h Avenue S.W. from Second Street to Fifth Street to July 17, 2000. Ayes (7), Nays (0). Motion carried. A Hearing to Obtain Public Comment Concerning the Proposed Charter Amendment Which Would Repeal Obsolete Charter Provisions. Terry Adkins, City Attorney, noted that the provisions referred to in Section 11.05 of the Home Rule Charter don't exist anymore and, therefore, needs to be removed. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senjem seconded, to approve repealing Section 11.05 of the Home Rule Charter and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Obtain Public Comment Concerning the Proposed Charter Amendment Which Would Allow Ordinances Adopted During Emergency Declaration to Become Effective Immediately. Terry Adkins, City Attorney, stated that during the mock emergency for the City, it was discovered that ordinances adopted during declared emergencies need to be effective and in force without the need for publication. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve allowing ordinances adopted during emergency declarations to become effective immediately without publication and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Senjem moved, Stobaugh seconded, to approve the initiation for annexation of 100 percent surrounded properties in Cascade Township and schedule a public hearing for the August 21, 2000, meeting. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5910 Regular Meeting No. 13 — July 5, 2000 Agenda Item F-2 F-3 F-4 G-2a G-2b G-2c G-2d Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 476-00 approving the execution of a Memorandum of Understanding Agreement with Olmsted County and approve funding of the creation of a TIF District and the construction of the Celestica Corporation Facility. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to approve the Findings of Fact, Conclusions of Law, and Order related to General Development Plan #151 (40`h Street S.W.) Ayes (7), Nays (0). Motion carried. President Hunziker noted that the residents of the Baihly Summit area were concerned that the proposed Findings of Fact, Conclusions of Law, and Order contained factual discrepancies. He asked that those persons submit written comments to the City Administrator no later than Wednesday, July 12. Councilmembers Marcoux moved, Hanson seconded, to table the Findings of Fact, Conclusions of Law, and Order related to Appeal of Variance Request #00-09 (Bailey Summit Water Tower Variance) to the July 17, 2000, meeting. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 85A.19 of the Rochester Code of Ordinances, Relating to a Curfew for Juveniles, was given a first reading. An Ordinance amending and Reenacting Section 138.05 of the Rochester Code of Ordinances, Relating to the Display of a Residential Parking Permit, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 60 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. An Ordinance Repealing Section 11.05 of the Home Rule Charter of the City of Rochester Relating to Election Requirements for City Development District Projects, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2e An Ordinance Amending Section 6.07 of the Home Rule Charter of the City of Rochester Relating to Ordinance Publication Requirements, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and given the Ordinance a second reading. Councilmembers Stobaugh 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 5, 2000 5 911 1 Agenda Item G-3a G-3b G-3c I -a moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the M-1 District to the R-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (128 18th Street S.E. and 1805 2"d Avenue S.E.) An Ordinance Amending and Reenacting Subdivision 9 of Section 60.424 and Section 61.301 of the Rochester Code of Ordinances, Relating to Design Modification and Concurrent Review, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately .28 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North and East Side of East Circle Drive Across From Rocky Creek Drive N.E.) Councilmember Hanson moved, Marcoux seconded, to approve the City/Owner contract with Rochester VOA Housing and Road Constructors, Inc., subject to the condition that Road Constructors names an Insurerer that is acceptable to both the City Administrator and the City Attorney in terms of their ability to perform in response to any claims that might be brought. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. &/-q � 2j City Clerk rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5912, Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item D-1-36 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, Walter Stobaugh. Absent: David Senjem. Wishing to be heard was Kel Krosschell,1334 Fourth Avenue S.E., #3. Mr. Krosschell thanked the Council for elimination of an ordinance banning kite flying in the parks. He encouraged the Council to continue to repeal those ordinances no longer needed. Mr. Krosschell also called to the attention of the Council the use of cell phones by drivers of vehicles pointing out the dangers involved. He asked the Council to contact the Police Department and talk with the Chief about cell phone and computer usage in patrol cars on a non -emergency basis. Mr. Krosschell felt that cell phone usage is a dangerous distraction when trying to drive. Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items. Approved the minutes of the June 19 and July 5, 2000, council meetings. Adopted Resolution No. 477-00 approving the agreement with People's Natural Gas for a $5000 grant award to provide downtown development consultation services. Approved the appointment of Ronald Boose as the Director of the Building and Safety Department at a starting salary of $79,000. Approved the replacement of the air compressor and the repair of the roof at the Civic Theatre for $21,522 from the Future Construction Account. See at end of D Items. Adopted Resolution No. 478-00 entering into a Professional Services Agreement with U.S. Department of Agriculture to perform a Wildlife Hazard Assessment for the Rochester International Airport at a cost not to exceed $20,000. Adopted Resolution No. 479-00 entering into a Federal Aviation Administration Grant Agreement for the Phase II project for Runway 02-20 extension and the purchase of one 1500 gallon airport fire truck. Adopted Resolution No. 480-00 entering into a contract with Progressive Contractors, Inc. for Project No. J-6911 "Phase II Runway 02-20 Extension with Taxiway and Connection of the Terminal and Air Cargo Ramps" at a cost of $3,162,611.95. See at end of D Items. Adopted Resolution No. 481-00 authorizing execution of five on -airport rental car concessions with Hertz, National, Budget, Avis, and Thrifty car rentals. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — July 17, 2000 5 913 Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 Approved an ordinance providing for the suspension or revocation of a rental registration certificate if the applicant has failed to comply with any provision of the Rochester Code of Ordinances, and instructed the City Attorney to prepare the required ordinance for adoption. See at end of D Items. Approved Accounts Payable in the amount of $1,544,658.49. Acknowledged the appointment of Andrea L. Burdick, Donald P. Kullot, and Angela M. Eaton the position of Police Officer with the City of Rochester. See at end of D Items. Adopted Resolution No. 482-00 approving the Boulder Ridge Development Impact Statement with a negative declaration. Adopted Resolution No. 483-00 approving the request from the Rochester Police Department to apply for grant funding through the Department of Public Safety for $660.90 to purchase three tire deflation devices. Adopted Resolution No. 484-00 authorizing the City Attorney to initiate a "Quick Take" for land acquisition associated with the 16th Avenue N.W. Road Construction project. Adopted Resolution No. 485-00 approving the Development Agreement for the Valley Side Subdivision. Adopted Resolution No. 486-00 approving the Development Agreement for the Kings Run Commercial Area known as the Royal Plaza Subdivision. Adopted Resolution No. 487-00 approving the Development Agreement for the Deer Haven Subdivision. Adopted Resolution No. 488-00 approving a revocable permit for Robert and Carol Nasif to allow the placement of a fence within the 13th Street S.E. right of way. Adopted Resolution No. 489-00 approving a revocable permit to allow the placement of an underground Charter communication utility line within City Park property abutting 551h Street N.W. Adopted Resolution No. 490-00 approving a City/Owner Contract between the City of Rochester, Emmanuel Baptist Church and T.G. Swanson Excavating for Project No. J-9696 "Watermain & Hydrant to Serve Emmanuel Baptist Church" Adopted Resolution No. 491-00 authorizing the City Clerk to advertise for bids for Project No. M023 (J-9651) "Construct Fox Valley Drive S.W. from Baihley Heights Area to Fox Croft area" to be opened on August 30, 2000. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 914 Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item D-26 Adopted Resolution No. 492-00 authorizing the City Clerk to advertise for bids for Project No. 9820-99 (J-9546) "Construct Wellner Drive N.E. from 31st Street N.E. to Rocky Creek Drive N.E." to be opened on August 16, 2000. D-27 See at end of D Items. D-28 See at end of D Items. D-29 Adopted Resolution No. 493-00 entering into Utility Connect Agreements with seven property owners in Riverview Subdivision for Project No. J-9352, direct the City Clerk to record the Utility Connection Agreements, and authorize the levying of unpaid charges and supplemental assessments for properties not connected to the system. D-30 Adopted Resolution No. 494-00 awarding the contract to S.J. Louis for Bid Alternative "A" in the amount of $1,396,381.60 for Project No. M004 (J-9601) "Sanitary Sewer to Serve Nelson's & Christopher Courts Subdivisions and the South Side of Marion Road S.E.; and Sewer and Water to Serve 20th Street S.E. from Marion Road S.E. to 200 Feet East of 37th Avenue S.E. & Samelians Subdivisions". D-31 Adopted Resolution No. 495-00 awarding the contract to Road Constructors, Inc. in the amount of $319,323.09 for Project No. 9755 (J-6383) SAP 55-622-35 "Install Traffic Signal at 55th Street and CASH 22". D-32 Adopted Resolution No. 496-00 awarding the contract to Doyle Conner in the amount of $95,296.45 for Project No. 6300 %2-3-98 (J-9511) "Reconstruct North - South Alley in 300 Block Between Broadway and 1st Avenue S.W." and Project No. 6300 %2-3-99 (J-9512) "Reconstruct North -South Alley in 200 Block Between Broadway and 1st Avenue S.W.". D-33 Adopted Resolution No. 497-00 authorizing the City Clerk to advertise for bids to be opened on August 30, 2000, for Project No. 6311-3-00 (J-2270) "Reconstruct 11th Avenue S.W. from Lone Pines Drive S.W. to 60th Street S.W." and Project No. 6248-3-99 (J-9545) "Reconstruct 48th Street S.W. from 11th Avenue S.W. to West Line of Scenic Oaks Subdivision". D-34 Adopted Resolution No. 498-00 authorizing the City Clerk to advertise for bids to be opened on August 2, 2000, for Project No. 6309-3-99 (J-9524) "Reconstruction of 9th Avenue S.W. From 2"d Street S.W. to 41h Street S.W.". D-35 Adopted Resolution No. 499-00 awarding the contract for Project No. 6215-4-00 (J- 9609) "Concrete Curb & Gutter and Overlay in 15th Street N.W. from Valleyhigh Drive N.W. to West End of Roadway" to Rochester Sand & Gravel in the amount of $104,842.90. D-36 Adopted Resolution No. 500-00 awarding the contract for Project No. 8215-31- 2000 (J-2594) '2000 Restoration of the Second Street Ramp" to Brent Anderson Associates at a cost of $328,830.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINN ESS2& Regular Adjourned Meeting No. 14 — July 17, 00 5 915 1 Agenda Item D-5 D-12 Ayes (6), Nays (0). Motion carried. Wishing to be heard was Pamela Evans, 2522 Viking Drive N.W., representing the Housing and Redevelopment Authority. She thanked the Council for the donation of the Silver Lake Motel property for the development of affordable housing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 501- 00 authorizing the execution of documents for the sale of the Silver Lake Motel Site to the Housing and Redevelopment Authority for River's Edge Apartments. Ayes (6), Nays (0). Motion carried. Wishing to be heard was Kurt Klassen, Assistant Manger, Rochester International Airport. Mr. Klassen explained that the only fire truck bid to meet Federal Aviation requirements is the bid from Oshkosh. The bids from KME, Inc. and Rosenbauer were lower in cost but those companies are either in the process of testing or starting to test to pass the Federal requirements. There is no guarantee that these companies would definitely pass the requirements. Therefore, it was recommended that the fire truck for the Airport be purchased from Oshkosh. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 502- 00 authorizing execution of the contract with Oshkosh Truck to purchase one new four-wheel drive 1500 gallon fire truck with accessory equipment for the Rochester International Airport at a cost of $425,198.00. Ayes (6), Nays (0). Motion carried. Councilmember Stobaugh noted that he would abstain from approval of the miscellaneous activities due to a conflict of interest. Councilmembers Hanson moved, McConnell seconded, to approve the following licenses and miscellaneous activities. Gambling Off -Site —Temporary Dover Fire Relief Association — Olmsted County Fair — July 31 to August 6, 2000 Heating Ventilating and Air Condition License Comet Heating & Air, Inc., Mantorville Dimension Plumbing & Heating House Movers Crews House Moving for Hoglund Properties — houses from 1201 and 1203 Fourth Street S.E. to Dodge Center— July 30 & July 31, 2000 Sewers and Drains License Chad Braaten DBA Braaten Construction, Byron Dan Fitzpatrick DBA Fitzpatrick Construction, Inc., Rochester Sidewalk — Cement Corey Lukes Masonry, Zumbro Falls / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5916 Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item D-15 D-27 D-28 Sound Amplification Permit Amateur Ballroom Dancers Association — Peace Plaza on September 15, 2000 and Skyway Dance — September 18, 2000 (requested waiver of 8:00 PM time restriction to 9:30 PM) Rochester Elks Lodge #1091 — Parking Lot Dinner and Dance — July 22, 2000 (requested waiver of 8:00 PM time restriction to 10:00 PM) Salvation Army, Oak Hills Wesleyan Church and Church of the Nazarene — Outdoor Concert in front of Salvation Army — August 6, 2000 Cornerstone Evangelical Free Church — Church Service & Picnic in Bear Creek Park — August 6, 2000 Name Recognition Party for DFL Endorsed Candidate Jerry Janezich — Soldiers Field Park — August 2, 2000 Eastside Pioneers Neighborhood Association — Neighborhood Night Out Party —August 1, 2000 Fireworks Martin T. Brooks DBA Action Stunts, Inc. — Fireworks Display for Olmsted County Fair — July 31, 2000 Miscellaneous Northpark Neighborhood Association, Neighborhood Night Out Picnic — August 1, 2000 Wells Fargo Bank, Stagecoach Rides at Central Park — July 21, 2000 Olmsted Medical Center — Stride for Fitness Walk/Run — September 23, 2000 Downtown Business Association — Annual Sidewalk Days — July 27 to 30, 2000 Ayes (5), Nays (0). Abstain (1). Mike Nigbur, Public Works Department, noted that the City is benefiting through land donation and cash payment. One appraisal has been completed on the property and another is currently being accomplished. Gary Neumann, Assistant City Administrator, noted two contingencies on the purchase; i.e., the purchase is dependent upon the appraisal. This statement should be eliminated. The purchase agreement is dated but the City Attorney's Office needs another chance to review it. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 503-00 authorizing the purchase of the Kepp and Mestad properties abutting the McQuillan Field Park complex removing the sentence making the acquisition of the property contingent upon the results of the appraisal and making the date on the purchase agreement subject to the City Attorney's approval of the purchase agreement. Ayes (6), Nays (0). Motion carried. Councilmember Marcoux asked that if any of the street areas that are disturbed while the work is being done, the areas be replaced as soon as possible. There RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — July 17, 2000 5 917 1 Agenda Item have been problems with drainage and replacement of streets for this area in the past. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 504-00 entering into Utility Connect Agreements with ten property owners on 23d Avenue and 4th Street S.W. for Project No. J-9193, direct the City Clerk to record the Utility Connection Agreements, and authorize the levying of unpaid charges and supplemental assessments for properties not connected to the system, and Adopted Resolution No. 505-00 entering into Utility Connect Agreements with fifteen property owners on 23rd Avenue and 5th Street S.W. for Project No. J-9353, direct the City Clerk to record the Utility Connection Agreements, and authorize the levying of unpaid charges and supplemental assessments for properties not connected to the system. Ayes (6), Nays (0). Motion carried. E-1 A Continued Hearing on the Expansion of Residential Permit Parking Zone 2 "St. Mary's West Neighborhood" onto 15th Avenue S.W. Councilmember Marcoux asked that the request for the permit be denied on the basis that after talking with all the neighbors involved, only 57 percent are in favor; below the 60 percent that should have given their approval. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Hanson seconded, to deny the Expansion of Residential Permit Parking Zone 2 "St. Mary's West Neighborhood" onto 151h Avenue S.W. Ayes (6), Nays (0). Motion carried. E-2 A Hearing on Type III, Phase II Land Subdivision Permit #00-25 by Fred Schmidt to be known as Emerald Hills Third Subdivision and Design Modification #00-08 located east of East Circle Drive, north of Century High School and west of Darcy Drive N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Land Subdivision Permit #00-25 by Fred Schmidt to be known as Emerald Hills Third Subdivision and Design Modification #00-08 with three conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-3 A Hearing on Type I II, Phase I Final Plat #00-28 by Robert Theel to be known as Crown Subdivision located south of 59th Street N.W. and east of Bandel Road N.W. Wishing to be heard was Karla Weis, 5807 Edelweiss Lane N.W. Ms. Weis was concerned with the safety of the residents of the area due to the fact that the area does not contain sidewalks. She related that one elderly individual in a wheelchair uses the street as well as the children play on the street. There is a lack of adequate park facilities in the area as well. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5918 Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item E-4 Wishing to be heard was Robert Fulton, owner of the adjacent property to the proposed subdivision. He was concerned about the upkeep of the property noting that at present it is adequate only. Adjoining developed property has tall grass that hides children playing. He doesn't want the property to become an eyesore. Mitzi Baker, Planning Department, submitted a revised plat to the Planning Department which addressed condition #2 which included the right-of-way for Bandel Road N.W. Additional pedestrian facilities will be included along the east side of Bandel Road. The City and School District own a 40-acre parcel northeast of Bandel Hills Development for future development of parkland and play equipment. Therefore, the Council needed only to consider conditions #1 and #3. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that they have submitted the required revised plat and are in agreement with the other two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 506-00 approving Final Plat #00-28 by Robert Theel to be known as Crown Subdivision with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type 111, Phase I Final Plat #00-30 to be known as Deerhaven located along the north side of West Circle Drive, east of 16th Avenue N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 507- 00 approving Final Plat #00-30 to be known as Deerhaven with four conditions. Ayes (6), Nays (0). Motion carried. E-5 IA Hearing on Type III, Phase I Final Plat #99-32 to be known as Royal Plaza located south of 55th Street N.W., east of 18th Avenue N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. There will be five commercial lots on approximately 7.5 acres of land. The plat conforms with the 1991 General Development Plan for the area. He noted a concern with the left turning lane on 18th Avenue. A traffic analysis will be required before any building is done as per the development agreement with the City. He also noted agreement with the three conditions. Having no one further wishing to be heard, President Huzniker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 508-00 approving Final Plat #99-32 to be known as Royal Plaza with three conditions. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — July 17, 2000 5 919 Agenda Item E-6 E-7 E-8 A Hearing on Vacation Petition #00-07 by Curtis Williams to vacate a portion of a utility and drainage easement located along the west line of Lot 1, Block 1 South Pointe Second Subdivision. Terry Adkins, City Attorney, asked if the vacation was for only five feet of the property rather than the property asked for in the petition. He was told that the five feet was the extent of the vacation. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 509-00 approving Vacation Petition #00-07 by Curtis Williams with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Right -of -Way Vacation Petition #00-04 by MT 1 Investment Properties to vacate the old right-of-way for Highway 52, west of Bandel Hills Road N.W. Wishing to be heard was Mike Hawkins, 1130 Baird Lane N.E., one of the owners of the property. He noted agreement with the four conditions and asked the Council to approve the vacation request. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers moved, seconded, to adopt Resolution No. 510-00 approving Vacation Petition #00-04 by MT 1 Investment Properties with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing to Type III, Phase I Final Plat #00-31 to be known as Circle Drive Business Center located along the west side of West Circle Drive and along the south side of Valleyhigh Road N.W. It was noted by President Hunziker that a sixth condition had been added by the Public Works Staff: "The applicant agrees to construct a five-foot wide public sidewalk along the entire West side of Superior Drive N.W. and to construct a five- foot wide public sidewalk along the entire South side of 28h Street N.W. concurrent with the construction of said streets". Wishing to be heard was Mac Hamilton, General Manager of Badger Development LLC. He noted agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 511- 00 approving Final Plat #00-31 to be known as Circle Drive Business Center with six conditions and approving Resolution No. 512-00 on the proposed Substantial Land Alteration activity. Ayes (6), Nays (0). Motion carried. / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5920 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item E-9 E-10 F-1 F-2 A Hearing on Type III, Phase I Final Plat #00-32 to be known as Circle Drive Business Center Second located along the west side of West Circle Drive and along the south side of Valleyhigh Road N.W. Wishing to be heard was Gary Moore, 5315 St. Mary's Drive N.W., General Manager of Celestica Corporation in Rochester. He noted that his business is in an industry called Electronic Manufacturing Solutions (EMS). They manufacture items for companies such as IBM, Dell and other businesses in the computer and telecommunication industries. They are a global company in 33 countries around the world. When considering Rochester, they looked at the site, the work force, access to their customers and especially participation by the City and County. He asked for the Council's cooperation for their project. Richard Freese, Public Works Director, noted that an eighth condition has been added stating: "A pedestrian access and circulation plan may be prepared and submitted by Celestica as a part of the Site Development Plan for the Celestica Project. If submitted and subsequently approved by the City, the pedestrian access and circulation plan will be considered by Celestica in lieu of constructing public sidewalks along the Superior Drive frontages of the Celestica Property. A five-foot wide public sidewalk will be constructed concurrent with the street construction along the entire west and south sides of Superior Drive N. W." Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 513- 00 approving Final Plat #00-32 to be known as Circle Drive Business Center Second with eighth conditions and approving Resolution No. 514-00 on the proposed Substantial Land Alteration activity. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Proposed Development District No. 16, Adopt the Development Program, and Establish Development District Tax Increment Financing District No. 16-1. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 515- 00 approving Development District #16 and Tax Increment Financing District Plan #16-1 for Celestica Corporation. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 516-00 authorizing the execution of a Development Assistance Agreement with CED (MN) QRS 14-40, Inc. (Celestica Corporation). Ayes (6), Nays (0). Motion carried. Wishing to be heard was Dave MacGillivary, Springsted, Inc., financial advisors to the City of Rochester. Mr. MacGillivary noted that the City had accepted bids via internet bidding from various companies within the United States. Rochester is one of the first to use internet bidding for this purpose. He said that Rochester's Triple RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — July 17, 2000 5921 L Agenda Item F-3 G-2a G-3a G-3b H-1 A bond rating is one of approximately 70 cities and counties and places Rochester in a high rating for sales. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 517- 00 providing for the issuance and sale of the City's $17,925,000 Temporary General Obligation Sales Tax Revenue Bonds, Series 2000A and awarding the bid sale to U.S. Bancorp Piper Jaffray, Inc.. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 518-00 approving the Development Agreement for Celestica Corporation. Ayes (6), Nays (0). Motion carried. An Ordinance Creating and enacting Section 38.125, amending and Reenacting section 38.12, and Repealing Section 38.025 of the Rochester Code of Ordinances, Relating to the Suspension or Revocation of a Rental Registration Certificate, was given a first reading. An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a second reading. Gary Neumann, Assistant City Administrator, received a letter from Vertical Partners, one of the companies trying to find large tracts of land away from City, School and County. Vertical Partners was asking for exceptions on PUD and MRD land. Councilmembers decided that they would like more time to further look at the issue. The second reading of the ordinance will be brought back again at the August 7, 2000, meeting. An Ordinance Rezoning Certain Property From the R-1 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 McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South side of 40`h Street S.W., East of 11`h Avenue S.W.) Councilmembers moved, seconded, to adopt the Findings of Fact, Conclusions of Law, and Order related to Appeal of Variance Request #00-09 (Baihly Summit Water Tower) Wishing to be heard was Fredrick Suhler, Jr., Attorney, 2212 Second Street S.W., representing some of the property owners in the Baihly Summit site. He stated that the process that has taken place to this point has not been legally appropriate. He could not find in the June 19, 2000 minutes any motion to table this item. Mr. Suhler pointed out that the Zoning Board of Appeals did not appear to make findings to support the denial. The matter was then appealed to the Council on June 5, 2000. There was nothing to note how the Council was to proceed; i.e., RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5922 Regular Adjourned Meeting No. 14 — July 17, 2000 Agenda Item either on the record, start all over again, was new evidence and old evidence to be represented, can old agenda items from another body be depended on, were letters sent to people going to be decided? Mr. Suhler said that at some point something changed between June 5 and June 19, 2000. There were unofficial meetings held, discussions with staff and neighborhood representatives. The June 19`h meeting had a different issue; a new site plan. The decision of the Board of Appeals was no longer being dealt with. He urged the Council to send the issue back to the Board of Appeals or deny the variance. Terry Adkins, City Attorney, stated to the council that they have four options. One, return the issue of the variance to the Board of Appeals and start over. Two, review the Findings on what you remember and your notes. Three, table the matter and ask that a transcript of the hearings be made. Four, adopt the findings as they stand. Councilmembers Stobaugh moved, Hanson seconded, to approve the Findings of Fact, Conclusions of Law, and Order, as they stand. Discussion. All of the Councilmembers present were in agreement that the issuance of the variance was the best way legally possible to protect the neighborhood and the residents; the extensive landscaping would be the best way to aesthetically buffer the structures at the base of the tower. Ayes (5), Nays (1). Councilmember Marcoux voted nay. Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. (�&&A&V/,) ity Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — August 7, 2000 5923 Agenda Item A-1 B-1 D-1 D-1 D-2 D-3 D-4 D-5 9: I D-7 I D-8 Wishing to be heard was Ken Moen, Attorney, on behalf of the neighbors in Rochester Township who are in opposition to be annexed to the City. He noted that Bamberwood Subdivision is 86% opposed, Highland Acres is 83% opposed, Merrihills is 79% opposed, Oakledge is 100% opposed and Lenwood Heights is 61 % opposed. Residents in three other subdivisions have petitioned the City for annexation and are now being held hostage by the City until the rest of the subdivisions agree to annexation. He said that the City of Rochester could provide no more services to these people than what is already being provided by the Township. Assessment appeals will be exercised if the areas are annexed. These areas are difficult to serve ... leave them alone. 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. Absent: Walter Stobaugh. Councilmembers Evans moved, McConnell seconded, to approve the following consent agenda items: Approved the minutes of the July 17, 2000, Council meeting. See at end of D Items. See at end of D Items. See at end of D Items. Adopted Resolution No. 519-00 approving an amendment extending the term of MHFA Housing Tax Credit Administration Joint Powers Agreement for 2001. Adopted Resolution No. 520-00 approving Change Order No. 1 with MEC Construction, Inc. for Project No. J-6959 "Terminal Building Ceiling Project at the Rochester International Airport". Adopted Resolution No. 521-00 approving Change Order No. 3 with Alvin E. Benike, Inc. for Project No. J-6942 "Terminal Building Project at the Rochester International Airport". Adopted the following resolutions for Public Utilities: Resolution No. 522-00 approving an agreement with Burns & McDonnell for professional engineering services for the completion of the 161kV conversion of the Cascade Creek substation in the amount of $350,000.00. Resolution No. 523-00 approving Change Order No. 1 to the Cascade Creek Combustion Turbine agreement with Turbo Power and Marine Systems, Inc. in the amount of $91,650.00. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5924 Regular Meeting No. 15 — August 7, 2000 Agenda Item Resolution No. 524-00 approving the execution of an agreement with the Minnesota Municipal Utilities Association's Mutual Aid Agreement to qualify for Federal Emergency Management Agency (FEMA) reimbursement. D-9 Approved the following licenses and miscellaneous activities: Circus Farrow Amusement Company, Inc., Jackson, Ms. — Olmsted County Fair — July 31 to August 7, 2000. Fireworks John Marshall High School — Home Team Touchdowns and Graduation — September 1 to November 10 and June 8, 2001. Gamblinq — Temporary Senior Citizens Services Center — Raffle at Mayo Civic Center — September 13, 2000 (prior approvals from McConnell, Stobaugh, Evans, Marcoux, Senjem). Ruffed Grouse Society — Raffle at Radisson Plaza Hotel — September 14, 2000. Rochester Ducks Unlimited — Raffle at National Guard Armory — September 7, 2000. House Movers Otting House Movers for Lois Rud — from 522 26th Fifth Avenue S.E. to Hayfield. Roger Crews House Moving — from 509 61h Street S.E. to Dodge County and 512 Fifth Avenue S.E. to Dodge County. On -Sale Liquor — Temporary Hiawatha Homes Foundation - Radisson Plaza Hotel — October 13, 2000. Sewer and Drain Belair Excavating, New Brighton. Craig Ramaker DBA Carco Plumbing & Heating, Rochester. Sign Installers Intall This! Awning and Sign Company, Brooklyn Center. Sound Amplification Java Dreams, 415 South Broadway - Live Music — August 2, 2000 (prior approvals from Hunziker, Marcoux, Evans, Hanson). Holiday Inn South — Live Band — August 25, 2000, 7:00 PM to Midnight (requested wavier of 8:00 P.M. time restriction) Elim Baptist church — Community Appreciation Party — August 12, 2000. Gay/Lesbian Community Services — Coming Out Day Celebration — Peace Plaza — October 11, 2000. AFL-CIO Central Labor Council — All Union Picnic — Foster Arend Park — August 27, 2000. The Rochester Area Family Y — Back to School Parking Lot Dance — 1 J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — August 7, 2000 5925 Agenda Item D-10 D-11 D-12 D-13 L I D-14 D-15 D-16 D-17 D-18 D-19 D-20 September 8, 2000, 7:00 to 9:00 P.M. (requested waiver of 8:00 P.M. time restriction) Carol & Mark Ramler Anniversary Party, 1918 Stonewall Lane S.W. — September 16, 2000. SE Neighborhood Association — Slatterly Park — August 5, 2000, 5:30 to 9:00 P.M. (requested waiver of 8:00 P.M. time restriction. Prior approvals from McConnell, Hanson, Marcoux, Senjem). Miscellaneous Activities John Marshall High School Homecoming Parade — September 29, 2000 Rochester Track Club — Holiday Inn Half Marathon & 5K — August 19, 2000. Rochester Century High School — Homecoming Parade — October 6, 2000. Approved the appointment of the election judges for the Federal/State Primary Election to be held on September 12, 2000. Approved Accounts Payable in the amount of $4,012,248.25. Adopted Resolution No. 525-00 closing completed improvement projects, or completed phases within specific projects, and transferring unexpended balances pursuant to the City Charter, Section 11.10. Adopted Resolution No. 526-00 closing completed tax increment projects, or completed phases within specific tax increment projects, and authorizing the necessary fund transfers pursuant to the City Charter, Section 11.10. Adopted Resolution No. 527-00 executing the agreement with Springsted, Inc. for arbitrage rebate monitoring services on the City's $17,925,000 General Obligation Sales Tax Revenue Bonds. See at end of D Items. Approved the change of name for Estates Lane S.W. to Allegro Park Lane S.W. and instructed the City Attorney to prepare the required Ordinance for adoption. Approved a master list of nominees for the 2000 Committee on Urban Design and Environmental Awards. See at end of D Items. Adopted Resolution No. 528-00 approving an Amendment to the Development Agreement with IBM to extend the date for dedicating the TH52 West Frontage Road right-of-way until February 1, 2001. Adopted Resolution No. 529-00 approving a revocable permit for placement of a building overhand within a drainage easement on Lot 1, Block 2, Circle Drive Corporate Park. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5926 Regular Meeting No. 15 — August 7, 2000 Agenda Item D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 Adopted Resolution No. 530-00 authorizing execution of a City -Owner Contract with R.L. Hexum and Elcor Construction for Project No. J-9728 "Watermain to Serve 1808 Third Avenue S.E.". Adopted Resolution No. 531-00 authorizing execution of a City -Owner Contract with Schoenfelder's Southstar, Inc. and Griffin Construction for Project No. J-9692 "Basic Construction to Serve Pinewood Hills First Subdivision". Adopted Resolution No. 532-00 authorizing execution of an Amended City -Owner Contract with Leslie Lurken and S.L. Contracting for Project No. J-9683 "Basic Construction to Serve Phase II of Wedgewood Hills Td Subdivision (all of Block 3 and Outlot A)". Adopted Resolution No. 533-00 authorizing execution of a Pedestrian Facilities Agreement with K & P Properties for Orchard Ridge First Subdivision. Adopted Resolution No. 534-00 authorizing execution of a Pedestrian Facilities Agreement with Christ Our Rock Lutheran Church for Lot 1, Block 1, Christ Our Rock Subdivision. Adopted Resolution Nos. 535-00 and 536-00 authorizing a public hearing for Project No. 8316-98 (J-2454) "Rehab South Park Drainageway" to consider the Project and a public hearing to consider the Assessment both for September 18, 2000, and Resolution No. 537-00 authorizing the City Clerk to advertise for bids for the project to be opened on September 13. 2000. Adopted Resolution No. 538-00 awarding the contract for Project No. 6309-3-99 (J- 9524) "Reconstruction of 91h Avenue S.W. from 2"d Street S.W. to 4th Street S.W." to Rochester Sand & Gravel in the amount of $161,104.14. Adopted Resolution No. 539-00 awarding the contract for Project No. 6207-4-00 (J- 9594) "Reconstruct 7th Street N.W. from 46th Avenue N.W. west approximately 1300 feet:" to Elcor Construction in the amount of $490,476.45. Adopted Resolution No. 540-00 awarding the contract for Project No. 6921-00 (J- 9622) "Concrete Curb and Gutter and Overlay Northern Hills Court N.E. from Northern Hills Drive N.E. west to Cul-De-Sac" to Elcor Construction in the amount of $121,269.50. Adopted Resolution No. 541-00 authorizing the advertisement of bids for Project No. 6310-2-00 (J-9639) "Concrete Curb and Gutter on 101h Avenue S.E. from 16'h Street S.E. to 19th Street S.E." to be opened on September 1, 2000. Adopted Resolution No. 542-00 entering into a Professional Services Agreement with Bonestroo Rosene Anderlik & Associates for surveying services for Project No. 6300-N-00 (J-9217) in an amount not to exceed $46,750.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Meeting cP 1H5EST/%uM'Y,"A RTA 5 9 2 7 Agenda Item X&Y, D-33 D-34 D-35 D-37 D-2 Adopted Resolution No. 543-00 authorizing payment of Supplemental Agreement No. 1 in the amount of $38,379.66 for Project No. 6323-2-97 (J-9402) "23`d Avenue and 8 %2 Street S.E.". Adopted Resolution No. 544-00 authorizing payment of Supplemental Agreement No. 1 in the amount of $33,042.40 for Project No. 9711 (J-9432) ,11th Avenue S.W.". Adopted Resolution No. 545-00 authorizing payment of Supplemental Agreement No. 2 in the amount of $25,665.29 for Project No. 9711 (J-9432) ,11th Avenue S.W.". Adopted Resolution No. 546-00 awarding the bid for Project No. 8215-35 2000 (J- 2574) "Upgrade Parking Ramp Revenue Control System" to Don Harstad Company including the advanced technology equipment for $185,215.00. Adopted Resolution No. 547-00 adding Paragraph (3) to Section S "Revocable Permits" of the Comprehensive Traffic Resolution Book to read: (3) 3rd Street Ramp, a security camera and conduit for Mayo Clinic, 200 First Street S.W., Rochester, Minnesota 55905 Adopted Resolution No. 548-00 requesting bids for repainting of an existing previously painted, 50-foot diameter steel methane gas storage sphere located at the Water Reclamation Plant. Ayes (6), Nays (0). Motion carried. Councilmember McConnell spoke to the objection of the residents and whether the policy to annex was a good one at this time. He advocated a four-year window; he did not support the December 1, 2000, projected annexation. Councilmembers Evans moved, Senjem seconded, to approve the annexation of 100% surrounded areas within Rochester Township by December 1, 2000, referred the meeting to the Planning Commission, scheduled a public hearing on September 18, 2000, to consider the annexation, and authorized staff to retain engineering services for potential 2001 sanitary sewer and watermain projects in Forest Hills and Elmcroft Subdivisions. Ayes (5), Nays (1). Motion carried. Councilmember voted nay. Discussion. Councilmember Senjem asked if the date of the public hearing was flexible; he questioned whether the Planning Commission might take a longer period of time to consider the issue. Councilmember McConnell asked that the meeting be set for October 2, 2000, due to the fact that he will be out of town on September 18th and not able to attend the Council meeting. Councilmembers Senjem moved, Hanson seconded, to reconsider the motion. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5928 Regular Meeting No. 15 — August 7, 2000 Agenda Item D-3 D-4 D-15 Councilmember Senjem moved, Evans seconded, to adopt Resolution No. 549-00 approving the annexation of 100% surrounded areas within Rochester Township by December 1, 2000, referred the meeting to the Planning Commission, scheduled a public hearing on October 2, 2000, to consider the annexation, and authorized staff to retain engineering services for potential 2001 sanitary sewer and watermain projects in Forest Hills and Elmcroft Subdivisions. Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay. Wishing to be heard was Sandy Keith, Co -Chairman of Citizens to Stop the Coal Trains. He introduced John Wade, also the Co -Chair of the organization. Mr. Keith explained that about 60 people met in July concerned about the impact that the upgraded railroad would have on the city and the citizens. He stated that the organization would need about $200,00.000 from donations to be used in responding to the Environmental Impact Statement that will shortly be available for response. Councilmembers Marcoux moved, Evans seconded, to approve $25,000 in funding to the Citizens to Stop the Coal Trains Organization. Ayes (6), Nays (0). Motion carried. Councilmember Senjem noted that the allocation does not obligate the City to capitalize any of the expenditures within the County; at some time the County and the townships have to assume the responsibility for stormwater management. Councilmembers Senjem moved, Evans seconded, to approve $20,000 in funding from the Develop Comprehensive Stormwater Management Plan Account to match Olmsted County funding for the South Zumbro Watershed Surface Water Management Plan. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if the liability also applied to the Flood Control Program. He was told that it did. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 550- 00 approving the recommendation not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 and authorizing the City CI& and Mayor to sign the LMCIT Liability Coverage Waiver Form for the City of Rochester LMCIT policy as well as the Waiver Form for the South Zumbro Watershed Joint Powers board policy. Ayes (6), Nays (0). Motion carried. D-18 Councilmember Senjem questioned the expenses which is estimated at $46,755; he asked if the project costs could increase significantly. Richard Freese, Public Works Director, stated that the costs should be plus or minus 5 percent of the bid cost. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 551-00 approving an Amendment to the Development Agreement with Continental properties that provides for the sharing of the costs related to modification of the design and public improvements at 25th Street S.W. and TH63 West Frontage Roa 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regul�m fn jWoCHgST&JuMlt NA&TA 5929 Agenda Item and authorize funding from Project No. J-2201. Ayes (6), Nays (0). Motion carried. E-1 A Hearing on the Implementation of A Residential Permit Parking Zone on 91h Avenue S.W., from 5th to 6th Streets. Wishing to be heard was Wayne Norrie, 520 Ninth Avenue S.W. He stated that he did not know anything about a petition prior to the notice of the hearing. He asked as to the rationale for establishment of the residential parking zone. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 552- 00 making the following changes to the Comprehensive Traffic & Parking Resolution Book: (A) adding paragraphs (4) to Zone #6 (Edison Neighborhood) of Section L "Residential Permit Parking to be effective from 8:00 A.M. to 4:00 P.M. Monday through Friday". (4) 9th Avenue S.W./500 Block, on the west side of the street. (B) delete paragraphs (173.1 and 173.2) of Section B "No Parking Zones" which read: (173.1 and 173.2) 9th Avenue S.W./500 Block, on the west side of the street, from 11:00 A.M. to Noon, Monday through Friday. Ayes (6), Nays (0). Motion carried. E-2 A Hearing to Consider Proposed Business Subsidies for MF Holdings for WSI Industries. Having no one wishing to be heard, President Hunziker closed the hearing. Gary Neumann, Assistant City Administrator, noted that Bowman Tool and Manufacturing, Inc. is a subsidiary of WSI, Inc. The purchase agreement is contingent upon them getting financing for the building and on MF Holdings getting a ten year or more lease with WSI, Inc. DBA Bowman Tool and Manufacturing, Inc. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 553- 00 approving the agreements for the MF Holdings/WSI Industries, Inc. project, approving the business subsidy agreement with MF Holdings, approving the Development Agreement with MF Holdings, and approving the purchase agreement with MF a Hearing on Type III, Phase I Final Plat #00-33 to be known as Menards South Subdivision located along the east side of South Broadway, north of Highway 52 and south of the Shopko Store Holdings for the sale of the West 569 feet of Lot 1, Block 2 of Rochester Technology Park with the amendments as noted by the Assistant City Administrator. Ayes (6), Nays (0). Motion carried. r— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5930 Regular Meeting No. 15 — August 7, 2000 Agenda Item E-3 E-4 E-5 L� E-7 A Hearing on Type III, Phase I Final Plat #00-21 to be known as Christ Our Rock Subdivision located along the north side of East Circle Drive. Wishing to be heard was Wade DuMond, Yaggy Colby, representing the applicant. He noted their approval of the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 554- 00 approving Final Plat #00-21 to be known as Christ Our Rock Subdivision with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-33 to be known as Menards South Subdivision located along the east side of South Broadway, north of Highway 52 and south of the Shopko Store. Wishing to be heard was Wade DuMond, Yaggy Colby, representing the applicant. He noted that they were in approval of the condition added by the Planning Staff that stated: "Prior to the recording of the final plat documents, the Development Agreement shall be approved by the City". Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 555- 00 approving Final Plat #00-33 to be known as Menards South Subdivision with one condition. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #00-08 by THE-G to vacate portions of three utility easements to facilitate expansion of the Wal-Mart North Store. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No. 556-00 approving Vacation Petition #00-08 by THE-G with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. J-9729 "Construct 261h Street N.W. from West Circle Drive West 500 Feet. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 557-00 ordering Local Improvement Project No. J-9729 "Construct 261h Street N.W. from West Circle Drive West 500 Feet' to be made, entering into a Professional Services Agreement with Yaggy Colby Associates, and authorizing advertising for bids on the project for September 13, 2000. Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. J-9729 "Construct 261h Street N.W. from West Circle Drive West 500 Feet'. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regul�I Mee FJWOCHgSTAJJuMIJ�I�N �gTA 5931 1 1 Agenda Item G-2a G-3a Cam• G-3c G-3d Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 558- 00 approving the levying of Project No. J-9729 "Construct 26th Street N.W. from West Circle Drive West 500 Feet". Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Estates Lane S.W., Platted in Country Club Estates, As Allegro Park Lane S.W., was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 60 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West side of 18th Avenue S.W. North of 40th Street S.W. Across from 36th Street S.W.) An Ordinance amending and Reenacting Section 138.05 of the Rochester Code of Ordinances, Relating to the Display of a Residential Parking Permit, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 85A.19 of the Rochester Code of Ordinances, Relating to a Curfew for Juveniles, was given a second reading. Councilmembers McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a second reading. Wishing to be heard was Tom Poulos, Vertical Partners, asking the Council to grant him an exemption from the proposed moratorium. Mr. Poulos defined areas of intent to install telecommunication towers. He was told that those towers located in R-1 districts would not be acceptable for towers. Those areas included John Marshall High School and the Soldiers Field area. The Fairgrounds is an M-1 area and would be acceptable, the Olmsted County Campus Water Development and the Rochester Community College campus are considered Mixed Redevelopment Districts (MRD); Madonna Towers is R-1 but the height of the building might allow for a tower to be located. Councilmembers Hanson moved, Senjem seconded, to amend the ordinance to allow a zoning certificate for the placement of a telecommunications facility in a Mixed Residential District or on any building the height of which exceeds 90 feet. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as amended. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5932 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — August 7, 2000 Agenda Item Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 Regular Adjou'rneMee inS o %R' ulojp 00 5933 Agenda Item A-1 D-3 D-4 Wishing to be heard during the Open Comment Period was Rueben Hornberg, 4140 13th Avenue N.W. On May 31/June 1, 2000, there were heavy rains in the area. Due to Road Constructors not replacing a manhole cover, sewers backed up in houses in the area. The City and Road Constructor's were named in a claim. Both insurance companies have denied liability. The same problem happened in Foxcroft Subdivision a week later. There are ten homes affected that are known and possibly more. They said Road Constructors had not acted responsibly and should not be awarded any additional City contracts. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Marcia Marcoux. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 559-00 referring the petition for Curb and Gutter on 4th Avenue N.W. to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the August 7, 2000 Council Meeting. Adopted Resolution Nos. 560-00 and 561-00 and 561A-00 setting public hearings on September 6, 2000, to consider the establishment of Tax Increment Financing Districts for lots within Diamond Ridge 17th Subdivision and Kingsbury Hills Subdivision, and amending Resolution No. 441-00 considering the establishment of a Tax Increment Financing District for Valley Side Estates. Item was withdrawn from the meeting. Approved the following licenses and miscellaneous activities: Gambling — Temporary St. Francis of Assisi Church — Raffle — October 1, 2000 (request to waive waiting period) Sidewalk — Cement Dan Tilford Concrete, Inc., Eyota Sidewalk — Asphalt Sean Hemker Asphalt Patching, Rochester Sound Amplification Permit Rochester Track Club — Holiday Inn One -Half Marathon & 5K run — August 19, 2000 (previous approvals from McConnell and Marcoux) Miscellaneous Activities Struve Paint & Wallcovering — Sidewalk Sale — August 22 to 26, 2000 / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5934 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — August 21, 2000 Agenda Item D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 Councilmember Stobaugh noted he would abstain from this item due to a Conflict of Interest. Approved an On -Sale Intoxicating and Sunday Liquor License for Applebee's Neighborhood Grill and Bar at 3794 Marketplace Drive N.W. pending departmental approvals, required fees and insurance certificates. Approved Accounts Payable in the amount of $1,295,460.90. Approved the appointment of Charles Roberson to the position of Captain in the Rochester Fire Department effective August 22, 2000. Accepted the donation of Clements Chevrolet to transport members of the Police Honor Guard to Camp Ripley to participate in the Law Enforcement Memorial Association training camp. Accepted a donation of $500 from the Rochester Eagles Club 228 for Rochester Police Honor Guard clothing and equipment. Approved initiation of the vacation of 3rd Avenue N.W. lying between Blocks 57 and 58 Original Plat to complete a land sale to the Mayo Foundation. The relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation was noted. Adopted Resolution No. 562-00 authorizing the execution of a Development Agreement for the Summit Point Development. Adopted Resolution No. 563-00 authorizing the execution of a Development Agreement for the Menards South Development. Adopted Resolution No. 564-00 authorizing the execution of a Development Agreement for the Northern Heights North 3rd & 4th Developments. Adopted Resolution No. 565-00 authorizing the execution of a Development Agreement for the Weatherstone Development. Adopted Resolution No. 566-00 authorizing the execution of a Development Agreement for the Willows Development. Adopted Resolution No. 567-00 authorizing the execution of a Development Agreement for the River Place Development. Adopted Resolution No. 568-00 amending the City -Owner Contract for Project No. J-9497 "Relocation of Watermain and Storm Sewer; Construction of Temporary Roadway in Proposed New Alignment of 1st Street S.W. between 3rd and 4th Avenue S.W." to include additional work consisting of traffic signal work at Td Avenue S.W. and 1st Street S.W. with the addition of language stating: "As a condition of the Owner/Contract approval, a sewer plug shall be installed at a location, designated 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular AdQrTnYeAee&S P.. �% , hul&. FKT2 b00 5935 Agenda Item D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee". The relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation was noted. See at end of D Items. Adopted Resolution No. 569-00 entering into a City -Owner Contract with Lumber One Avon, Inc. for Project No. J-9706 "Basic Construction in Valley Side Estates" with the addition of language stating: "As a condition of the Owner/Contract approval, a sewer plug shall be installed at a location, designated by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee". Adopted Resolution No. 570-00 entering into a City -Owner Contract with Arcon Development and Arcon Construction for Project No. J-9730 "Basic Construction in Summit Pointe". Adopted Resolution No. 571-00 entering into a City -Owner Contract with Arnold Bomgaars for Project No. J-9668 "Basic Construction in Northern Heights North Townhomes Third Subdivision" with the addition of language stating: "As a condition of the Owner/Contract approval, a sewer plug shall be installed at a location, designated by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee". Adopted Resolution No. 572-00 entering into a City -Owner Contract with Hartman Farms, Inc. and Friedrich Construction for Project No. J-9642 "Sanitary Trunkline Sewer to Serve Circle 19 Plaza — Phase I (Lots 2 through 9, Block 1, and Lots 1 & 2, Block 4)" with the addition of language stating: "As a condition of the Owner/Contract approval, a sewer plug shall be installed at a location, designated by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee". Adopted Resolution No. 573-00 accepting voluntary participation in the Regional Stormwater Management Plan by Prehn Building Sales, 5812 Highway 52 North. Adopted Resolution No. 574-00 executing a Pedestrian Facilities Agreement with Clamshell Partnership, LLC for Lot 13, Block 1, Westway Manor 3rd Subdivision. See at end of D Items. Adopted Resolution No. 575-00 establishing an assessment hearing to reasses the delinquent assessments for 1615 19th Avenue S.E. for Project No. J-8705 "Sanitary Sewer and Watermain and Weed Removal". r— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5936 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — August 21, 2000 Agenda Item D-27 D-28 D-29 D-30 D-31 D-32 D-18 D-25 D-27 See at end of D items. Adopted Resolution No. 576-00 executing a Supplemental Agreement with Palmer Soderberg to Remove and Replace Brick Pavers in the Semi -Circle at the Galleria Entrance in the Peace Plaza. Item was withdrawn from the meeting. Adopted Resolution No. 577-00 authorizing advertisement of bids for operation of ZIPS Dial -A -Ride to be opened on October 26, 2000. See at end of D Items. Adopted Resolution No. 578-00 awarding the contract for repainting the gas sphere at the Water Reclamation Plant to P.L. Services for $18,934.00. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if the City could do anything for the property owners who have been affected by the actions of Road Constructors. He noted the one - line letter the insurance company representing Road Constructors wrote to the homeowners denying the claims and noted that the League of Cities insurance trust has also denied the claims. He entered into the record the letters received from the two insurance companies. Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 579- 00 entering into a City -Owner Contract with Michael Younge Development, Inc. and Road Constructors, Inc. for Project No. J-9652 "Basic Construction in Lincolnshire North Fourth Subdivision" subject to a representative of Road Constructors or their insurance company appearing before the Council to discuss substantive problems related to sewage infow in basements at various locations around the city and/or a satisfactory resolution to this matter as determined by the City or a determination by the City or a Court that liability does not exist for the basement damages in question and with the addition of language stating: "As a condition of the Owner/Contract approval, a sewer plug shall be installed at a location, designated by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee". Ayes (6), Nays (0). Motion carried. Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 580-00 authorizing the City Clerk to advertise for bids for Project No. 9918 (J-9595) "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W." contingent upon petitioners for sewer and water also signing a petition for annexation. Ayes (6), Nays (0). Motion carried. Councilmember Senjem moved, Stobaugh seconded, to table awarding to Road Constructors, Inc. the contract for Project No. J-9546) "Construct Wellner Drive N.E. from 31st Street N.E. to Rocky Creek Drive" in the amount of $339,543.40 and to adopt Resolution No. 581-00 setting a public hearing for September 6, 2000, to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Adjourned F eefngjo TO MguJY�Y,1A00 5937 Agenda Item D-31 E-1 1 determine whether Road Constructors is a reliable or responsible bidder for purposes of this project. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked the reason for the technical agreement. Lyle Zimmerman, Water Reclamation Plant Director, noted that the present computer equipment and software is outdated, cannot perform the tasks needed, and they are no longer able to obtain replacement parts. Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 582-00 authorizing a Professional Technical Services Agreement with Integrated Technology to coordinate the replacement of the WRP process control computer for a fee not to exceed $450,000. Ayes (6), Nays (0). Motion carried. A Hearing on City Council Annexation #00-11 to annex properties within Cascade Township that are 100% surrounded by the City of Rochester. Wishing to be heard was Marla Berg, 5900 Manor Court N.W. Ms. Berg noted that the residents of the area in question are very happy with the present township services. She was concerned about when, or if, they would be required to hook up to City sewer and water services. She was informed that the neighborhood consists of large lots and the City is not interested in hookup unless they are petitioned to do so. Ms. Berg also asked about the RSa and R-1 zonings that could apply to their area. Residents currently have horses and allow native grasses to grow on their properties. She was told that the neighbors should agree among themselves what type of zoning they would prefer for the area. Wishing to be heard was Mark Koch, 5716 Chateau Road N.W. Mr. Koch asked for a feasibility study on the possibility of sewer and water so that actual costs could be looked at. He has a lot in one of the lower sections of the development. Wishing to be heard was Ron Amdahl, 5808 Manor Court N.W. He stated that they would be forced out of their house if sewer and water goes through because of the footage on his property; he encouraged staff to develop a feasibility study to allow homeowners to know the costs. Wishing to be heard was Lenny Laures, 1520 751h Street N.E., a Cascade Townshir board member. He encouraged the Council to listen to the residents of the area. He said that there might be advantages to the rural nature and lifestyle of this area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation #00- 11 to annex properties within Cascade Township that are 100% surrounded by the City of Rochester, instructed the Public Works Department to develop a feasibility study for sewer and water for the area, and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5938 Regular Adjourned Meeting No. 16 — August 21, 2000 Agenda Item E-2 E-3 Councilmember McConnell said that rural subdivisions should not be bundled in with annexations. The City should wait five years to annex this area. Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing on Type III, Phase II Conditional Use Permit #00-19 by IBM Corporation to allow for a Substantial Land Alteration located west of TH52 north of 26th Street N.W. Wishing to be heard was Dale Allen, Yaggy-Colby Associates, representing IBM and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 583- 00 approving Conditional Use Permit #00-19 by IBM Corporation with three conditions and to allow for a Substantial Land Alteration. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II Land Subdivision Permit #00-29 by Michael Younge Development to be known as Orchard Hills South Second located east of Foxcroft North Fourth Subdivision and north of Orchard Hills South First Subdivision. Wishing to be heard was Dale Allen, Yaggy-Colby Associates, representing the developer and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve Land Subdivision Permit #00-29 by Michael Younge Development to be known as Orchard Hills South Second with one condition and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-4 IA Hearing on Type III, Phase I Final Plat #00-09 to be known as Weatherstone CIC 166 located west of 501h Avenue N.W., north of the Douglas Trail. Mitzi Baker, Planning Department, stated that a piece of property directly to the south of the plat required to be obtained by the City for two reasons: (1) part of the roadway for Weatherstone Drive will be located on the property, and (2) part of the stormwater pond will be located on the property. At the preliminary plat stage one condition was that prior to submitting the final plat application the applicant had the burden of proving to the City that they would comply with Section 64.128 of the ordinance prohibiting partial right-of-way dedication. The City is very close to obtaining the second part of the right-of-way. Ms. Baker asked that one additional condition be added to the plat stating: "In order to insure compliance with Section 64.128 of the LDM a development agreement shall be executed with the City for the property south of the Weatherstone development prior to recording the final plat documents for this plat". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Adjourne��ee�ingj�Tq. Xjg sFC Y: Aoo 5939 1 Agenda Item Wishing to be heard was Andy Masterpole, Yaggy-Colby, representing the developer. Mr. Masterpole noted that the developer is in agreement with the added condition and with the previous five conditions on the plat. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 584-00 approving Phase I Final Plat #00-09 to be known as Weatherstone CIC with six conditions. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Type III, Phase I Final Plat #00-17 to be known as Valley Side Estates located along the east side of 401h Avenue S.E., east of Eastwood Hills Second Subdivision. Wishing to be heard was Dale Allen, Yaggy-Colby, representing the developer. He noted agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 585- 00 approving Final Plat #00-17 to be known as Valley Side Estates with five conditions. Ayes (6), Nays (0), Motion carried. E-6 A Hearing on Type III, Phase I Final Plat #00-35 to be known as The Willows and Variance #00-21 located along the east side of 11th Avenue S.E., north of Pinewood Road S.E. and south of future alignment of 20th Street S.E. Wishing to be heard was Lisa Weisner, representing the developer. She noted agreement with the four conditions and the findings. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 586- 00 approving Final Plat #00-35 to be known as The Willows and Resolution No. 587-00 approving Variance #00-21 with four conditions and the findings on Page 146 of the Request for Council Action. Ayes (6), Nays (0). Motion carried. E-7 A Hearing on Type III, Phase I Final Plat #00-36 to be known as Northern Heights North Townhomes Third Subdivision located along the west side of East Circle Drive. Wishing to be heard was Dale Allen, Yaggy-Colby Associates, representing the developer and available for questions. He noted their agreement with the one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 588-00 approving Final Plat #00-36 to be known as Northern Heights North rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5940 Regular Adjourned Meeting No. 16 — August 21, 2000 Agenda Item E-8 E-9 Townhomes Third Subdivision with one condition. Ayes (6), Nays (0). Motion carried. A Hearing on Type I II, Phase I Final Plat #00-15 to be known as Pinewood Hills First located along the east side of 23rdAvenue S.E., south of Pinewood Road and west of Dornack's Subdivision. Wishing to be heard was Mark Welch, GGG Engineering, representing the developer. They are in agreement with the two conditions. Condition one has been revised; they are in agreement with the revision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 589- 00 approving Final Plat #00-15 to be known as Pinewood Hills First with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed amendment to Official Street Map Number 12 designating the anticipated right-of-way limits for the TH63 corridor improvement project from 33rd Street South to south of 48th Street South. Wishing to be heard was Ty Truax, 914 Fifth Street N.E. He spoke on behalf of himself and several others asking the Council to adopt the proposed street map. He noted that without the revision, their property would be landlocked. Wishing to be heard was Dan Penz, 1530 Greenview Drive S.W. asked for clarification on "land remaining unencumbered for future right-of-way acquisition". Mike Nigbur, Public Works Department, said that the official map is a planning tool to make sure that the land right-of-way needed for future roadways does not become encumbered with buildings. It keeps the status of the land as vacant. The entire project is planned for 2002-2003 completion; acquisition of land is planned for one year prior to that. Richard Freese, Public Works Director, said that the revised map is the latest MnDot plan but until MnDot officially adopts the layout plan in the next three to six months, it is subject to further revision. Wishing to be heard was Vince Herring, 5500 Highway 63 South. He wanted to know if his access would be limited; if the median would be closed so that people could not make a left-hand turn into his business. Richard Freese said that if MnDot completely closes the access off Highway 63, they would need to purchase the property or provide alternative access. However, the City has not been advised about MnDot's schedule for converting the road to a freeway for the portion of TH63 south of 48th Street to date. Wishing to be heard was Glenn Mulholland, 2001 Southfield Court S.W. Mr. Mulholland asked that when it was determined if an owner's property was not affected, would the restriction on permits be lifted. He was told yes. Wishing to be heard was Don Prow, 1833 16 Y2 Street N.W., Rochester Topsoil. Mr. Prow noted that during the heavy rains this late spring/early summer, his 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Adjourned Meeting No T16 ' AuguffiT2 00 5941 1 Agenda Item G-2a G-2b G-3a G-3b 1-1 G2c property was flooded as a result of insufficient maintenance of Willow Creek. Mr. Prow was informed that the creek was not a part of the flood control program of the City and that he should contact the Department of Natural Resources to see if some type of solution could be reached on the creek maintenance. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Official Street Map #12 Amendment and to instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester A Portion of the Northwest Quarter of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (55th Street Estates) An Ordinance Amending Official Street Map Number 12 Concerning the Proposed Right Of Way For the Interchange of Trunk Highway 63 With 40th Street and 48th Street S.W. and S.E. in the City of Rochester, Minnesota, was given a first reading. An Ordinance Creating and enacting Section 38.125, amending and Reenacting section 38.12, and Repealing Section 38.025 of the Rochester Code of Ordinances, Relating to the Suspension or Revocation of a Rental Registration Certificate, was given a second reading. Councilmembers Stobaugh moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Estates Lane S.W., Platted in Country Club Estates, As Allegro Park Lane S.W. Councilmembers McConnell moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to extend the Interim Ordinance Moratorium on the Regulation of Telecommunications Facilities for 60 days and ask the Task Force to return with a recommendation at the earliest possible convenience. Ayes (6), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a first reading. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5942 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 September 6, 2000 Agenda Item A-1 B-1 D-1-32 D-1 D-2 D-3 D-4 D-5 901 D-7 IZ Councilmember McConnell expressed his dissatisfaction with the owners of the Apache Mall Shopping Center not to allow Salvation Army bell ringers on their property this holiday season. 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. Absent: Councilmember Walter Stobaugh. Councilmembers McConnell moved, Evans seconded, to approve the following consent agenda items. See at end of D Items. Adopted Resolution No. 590-00 entering into an agreement with Rochester Plumbing and Heating for $24,000.00 to rework and update the main water service in the basement of the Terminal building at the Rochester International Airport. Adopted Resolution No. 591-00 authorizing the City Clerk to advertise for bids for Project No. J-6919 "New Ten -Unit T-Hanger at the Rochester International Airport" and Resolution No. 592-00 for Project No. J-6915 "Grading and Site Preparation Including Bituminous Paving for New T-Hanger Site". Adopted Resolution No. 593-00 authorizing the Mayor and City Clerk to execute Change Order #4 with Alvin E. Benike, Inc. for Project No. J-6942 "Terminal Building Improvements at the Rochester International Airport". Adopted Resolution No. 594-00 authorizing the Mayor and City Clerk to execute Change Order #1 with Road Constructors, Inc. for Project No. J-6967 "Terminal Building Entrance Road Improvements, Entrance Road Signage Improvements and Parking Lot Expansion at the Rochester International Airport". Adopted Resolution No. 595-00 entering into a Professional Services Agreement with McGhie & Betts for Project No. J-6915 "Plans and Specifications for T-Hanger Site Preparation, Paving and Engineering" and Resolution No. for Project No. J- 6919 "T-Hanger Building Plans, Specifications and Engineering" at the Rochester International Airport. Adopted Resolution No. 596-00 authorizing the Mayor and City Clerk to execute the State Aid Agreement for Project No. J-6969 "Wildlife Hazard Assessment for the Rochester International Airport". Adopted Resolution No. 597-00 approving a purchase order with DB Riley for Professional Technical Assistance Engineering Services for Silver Lake Plant Units 1 and 2 for $72,000.00. D-9 I Approved the following licenses and miscellaneous activities. 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5943 Agenda Item 1 Gambling — Temporary Honors Choirs of Southeast Minnesota — Raffle — November 18, 2000 ARC of Southeast Minnesota — Raffle — October 24, 2000 (request to waive waiting period) On -Sale Liquor — Temporary St. John's Home School Association — Dinner Theatre Fund Raiser — October 13, 14, 15, 2000 Order of AHEPHA — Octoberfest at Mayo Civic Center — October 13, 2000 Sidewalks — Cement Ralph Capelle DBA Rosewood Building & Remodeling, Spring Valley Master Installer Randy Holtan, Rochester Sound Amplification Rochester Public Schools — Annual Pep Rally — August 30, 2000 (prior approvals: Hanson, Marcoux, Senjem, McConnell, Hunziker) Labor Activist for Janezich Rally — Mayo Civic Center — August 31, 2000 (prior approvals: Hanson, Marcoux, Senjem, McConnell, Hunziker) Rochester Area Habitat for Humanity — Volunteer Appreciation Picnic - September 16, 2000 Miscellaneous City Activities Labor Activist for Janezich Rally — Mayo Civic Center — August 31, 2000 (prior approvals: Hanson, Marcoux, Senjem, McConnell, Hunziker) Knights of Columbus — Marathon for Public Education — October 7, 2000 Rochester Track Club — Running Event — November 4, 2000 Juvenile Diabetes Foundation — Walk — September 16, 2000 Plummer Neighborhood Block Party — Children's Bicycle Parade — September 10, 2000 Pace Dairy Foods Employees — Cancer Walk — October 1, 2000 Approved the application for On -Sale Intoxicating Liquor and Sunday Liquor Licenses for The Wright Stuff Restaurant and Lounge at the Rochester International Airport. Approved Accounts Payable in the amount of $2,223,071.61. Affirmed the appointment of Michael Sadauskis to the position of Sergeant in the Rochester Police Department effective September 1, 2000. Adopted Resolution No. 598-00 declaring Rochester's commitment to join the "Minnesota Cities" building Quality Communities" statewide educational effort and designating Sue Norris, Assistant to the Mayor, as the city's key contact for this effort. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5944 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 Agenda Item D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 Adopted Resolution No. 599-00 authorizing the Mayor and City Clerk to execute an Amendment to the Development Agreement with South Broadway Partners to reflect the new date of July 1, 2001 for execution of a Stormwater Management Agreement and November 1, 2000 for execution of a Contribution Agreement. Adopted Resolution No. 600-00 authorizing the Mayor and City Clerk to execute an Amendment to the Development Agreement with David Bishop to reflect the new date of July 1, 2001 for execution of a Stormwater Management Agreement and November 1, 2000 for execution of a Contribution Agreement. Approved the initiation of the vacation process with the Planning Commission for the alley lying in Block 7 of Highland Addition, between 19th and 201h Avenues lying South of Third Street S.W. Adopted Resolution No. 601-00 authorizing execution of the Development Agreement for the Youngkrantz Property, owners of the Autumn Woods RV park, located along 11th Avenue S.W. Adopted Resolution No. 602-00 authorizing execution of a City -Owner Contract for Project No. J-9667 "Basic Construction in Century Hills Townhomes Third Subdivision" with Payne Company and Jech Excavating. Adopted Resolution No. 603-00 authorizing execution of a City -Owner Contract with The Goodin Company and Olaf Anderson & Son Construction Company for Project No. J-9731 "Sanitary Sewer, Watermain & Hydrants to Serve the Goodin Company Building located on part of Lot 15, Block 1, Replat of part of Lots 5 and 6, Block 1, Hendrick's Subdivision". Adopted Resolution No. 604-00 authorizing execution of a City -Owner Contract for Project No. J-9689 "Basic Construction to Serve Weatherstone CIC #166" with Weatherstone Development of Rochester LLC and Road Constructors, Inc. Adopted Resolution No. 605-00 authorizing execution of a City -Owner Contract for Project No. J-9709 "Watermain & Hydrants to Serve the Willows" with J & C Gardens LLC and Fraser Construction. D-22 I Withdrawn. D-23 D-24 Adopted Resolution No. 606-00 authorizing execution of a City -Owner Contract for Project No. J-9732 "Sanitary Sewer and Watermain to Serve the Weatherstone Townhomes" with Shelter Corporation and Belair Corporation. Adopted Resolution No. 607-00 authorizing execution of a City -Owner Contract for Project No. J-9736 "Watermain and Hydrants to Serve the Quarry Ridge Apartments (Lots 1 and 2, Block 1, Hindermann Fitzgerald Subdivision" with Rochester Leased Housing Associates V. LP and Rochester Sand and Gravel, a Division of Mathy Construction Company. �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 RegularCNleet ng Nopyl E%eFp LAIY�E��Oy 5945 Agenda Item D-25 Adopted Resolution No. 608-00 authorizing execution of a City -Owner Contract for Project No. J-9727 "Sanitary Sewer and Watermain to Serve the Crown Apartments (Lot 1, Block 1, Crown Subdivision)" with RC Properties and Rochester Construction Company, Inc. D-26 Adopted Resolution No. 609-00 accepting voluntary participation in the City's Regional Stormwater Management Plan by Papa John's (Part of Lots 6, 7, 8 and 9, Block 1, Rolling Greens Fifth Addition) and A.B. Systems (Part of Lot 1, Block 2, Green Meadows 1st) D-27 Adopted Resolution No. 610-00 accepting the Feasibility Report for Project No. M- 088 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area", setting a project hearing for October 2, 2000 and executing a Design Services Agreement with WHKS & Company. D-28 Adopted Resolution No. 611-00 awarding the contract to Rochester Sand & Gravel in the amount of $410,388.14 for Project No. M023 (J-9651) "Construct Fox Valley Drive S.W. from Baihley Heights area to Fox Croft Area". D-29 See at end of D Items. D-30 Adopted Resolution No. 612-00 authorizing payment of Supplemental Agreement #1 in the amount of $30,176.00 for Project No. 6307-2-99 (J-9523) "Reconstruction of 71h Avenue S.E. from 6th Street S.E. to 121h Street S.E.". D-31 Adopted Resolution No. 613-00 adding Paragraph (27.3) of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (27.3) First Street N.W., in the 700 block, on the south side of the street, in front of the premise known as Hoffman Madsen Music Studio at 712 First Street N.W., 15 minute limit, from 8:00 A.M. to 9:00 P.M., Monday through Friday. D-32 Adopted Resolution No. 614-00 awarding the contract to Rochester Sand & Gravel in the amount of $143,535.01 for Project No. 6310-2-00 (J-9639) "Concrete Curb & Gutter on 10th Avenue S.E. from 16 % Street S.E. to 19th Street S.E.". D-33 Adopted Resolution No. 615-00 authorizing execution of the Right of Way Assignment with B & C Properties relating to Wellner Drive N.E. D-34 Adopted Resolution No. 616-00 authorizing execution of the Settlement Agreement for 16th Avenue N.W. with Gary Mattison in the amount of $61,000.00. D-35 Adopted Resolution No. 617-00 authorizing the City Clerk to advertise for bids for Project No. M-070 (J-9700) "Extension of Sanitary Sewer to Serve Undeveloped Property Along 2"d Street S.W." Ayes (6), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5946, Regular Meeting No. 17 — September 6, 2000 Agenda Item D-1 D-29 E-1 Councilmember Marcoux noted that she was not in attendance at the August 21, 2000, meeting and would abstain from the vote. Councilmembers Hanson moved, McConnell seconded, to approve the minutes of the August 21, 2000, Council meeting. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember Marcoux abstained. Councilmember Hanson asked about the time frame of the project. Richard Freese, Public Works Director, said that the project would be starting this year and working through the winter months for completion next year. Councilmembers Hanson moved, Evans seconded, to adopted Resolution No. 618- 00 awarding the contract to Holm Brothers Construction in the amount of $1,358,998.73 for Project No. 6311-3-00 (J-2270) "Reconstruct 11th Avenue S.W. from Lone Pines Drive S.W. to 601h Street S.W." and Project No. 6248-3-99 (J- 9545) "Reconstruct 48th Street S.W. from 111h Avenue S.W. to West Line of Scenic Oaks Subdivision". Ayes (6), Nays (0). Motion carried. A Hearing for the purpose of obtaining public comment and recommendations as to whether Road Constructors is a reliable or responsible bidder for the purposes of future City contracts. Wishing to be heard was Bob Bowron, 4216 13th Avenue N.W. Mr. Bowron stated that he had experienced sewer backup in his home on June 1, 2000. He called Rochester Public Utilities and they sent someone to inspect the home. The City insurance adjuster later informed him that the City was not responsible for the damage; that he should contact the representative for Road Constructors. After contacting Cincinnati Insurance, representing Road Constructors, he was informed by them six weeks later that they had completed their investigation and that the claim was being denied. Wishing to be heard was Mary Jo Bowron, 4214 13th Avenue N.W., stated that in contacting the insurance adjuster for Cincinnati Insurance, Breta Rietz, she was told that the sewer backup was not the responsibility of Road Constructors. Ms. Bowron said that she never heard from Cincinnati Insurance again. Wishing to be heard was Gloria Engle, 4412 13th Avenue N.W. Ms. Engle submitted duplicate photographs of the sewer backups that had occurred within the past two weeks. She said damages to her home were in excess of $12,000. She tried to contact Road Constructors, they never responded, but on one occasion she did get to speak with Breta Rietz. Wishing to be heard was Jim Lehman, 3600 48th Street N.W. Mr. Lehman lives next door to the Road Constructors building site. He experienced $20,000 in damages to his home due to the sewer backup. He stated that he, his wife, Linda Lehman, and a neighbor, Bruce Timmerman, and watched a bulldozer push water into an open manhole. Mr.Lehman stated that he had made ten calls to Road Constructors which were finally returned with the callers being very rude. He also stated that no one came to inspect his house. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5947 Agenda Item 1 G Wishing to be heard was Allan Mirehouse, 3512 481h Street N.W. After the sewer backup on June 1, 2000, he called Rochester Public Utilities; a person came to inspect the problem. The representative from RPU said that the problem was caused by the open manholes. On that day, he stated that he watched a bulldozer from Road Constructors push water into a manhole. Someone from one of the engineering firms stopped by, told them to stop pushing the water into the manholes and directed them to pump the water into a nearby dike. There was no communication from Cincinnati Insurance other than the letter denying the claim. President Hunziker asked Larry Koshire of Rochester Public Utilities to check their records to determine who had arrived at the scene. Wishing to be heard was Wade DuMond, Yaggy-Colby, stating that he would provide information to the identity of the person from Yaggy Colby responsible for stopping the water being pushed into the manholes. Wishing to be heard was Gloria Engle, 4412 13th Avenue N.W. Ms. Engle introduced pictures of the damage to her property which were to become a part of the record. Wishing to be heard was Bob Forsyth, Heartman Insurance, 6830 Buckthorn Road N.W.. Mr. Forsyth stated that he was handling the insurance coverages for Road Constructors. He said that it was unfortunate that the homeowners did not carry sewer backup coverage on their homeowner policies. Mr. Forsyth noted that he received notification of the claims in late June and referred them to the Insurer. He said that Breta Reitz is the local claim representative for Cincinnati Insurance Company and has always returned calls promptly. Road Constructors was advised by him not to be involved as they had referred the claims to their insurance company. He said that Road Constructors is considered in the top 2% rating for insurability; they have been involved in the growth of the City for the past 44 years. Mr. Forsyth said that he received the City Attorney's July 5, 2000, tender of defense letter and forwarded to the Insurer. The City Attorney indicated that he had not received a response to his letter. Wishing to be heard was Ken Moen, Attorney, representing Road Constructors. He stated that Road Constructors fulfilled all the contractual requirements for the project including required insurance and bonds. He noted that Road Constructors tendered claims to the Insurer on June 8th and the Insurer is currently processing the claims. He said that the City Council cannot act as Judge and Jury in this regard. Mr. Moen said that if the City feels that contractors should return phone calls to claimants, such language should be added to the contract. Wishing to be heard was Peter Sandberg, Attorney, 1204 21st Street N.E., for Cincinnati Insurance Company. He stated that Road Constructors is insured for third party claims which this is. Once the claims are tendered, Road Constructors has no control over the process. He indicated that the Insurer has not formally responded to the City Attorney's July 6th, 2000, tender of defense letter. The response should be forthcoming with 60 days. Mr. Sandberg also noted that it is not unusual for an insurance adjuster not to visit a claim scene. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 9 4 8 ' Regular Meeting No. 17 — September 6, 2000 Agenda Item Steve Kvenvold, City Administrator, stated that he had talked to Mr. Quick about Road Constructors appearing before the Council to discuss the sewer backups as requested on July 5th, 2000. He noted that Mr. Quick stated that the matter had been turned over to the insurance company; he would not appear before the Council. President Hunziker noted an e-mail received from Rueben Hornberg, 4140 13th Avenue N.W., be made a part of the record. Wishing to be heard was Ken Moen, Attorney for Road Constructors, stating that he had appeared before the Council on August 281h, in response to the Council's request of Mr. Quick. He said that he had advised Mr. Quick not to make public statements regarding the claims. Wishing to be heard was Dave Morrill, 554 22"d Street N.E. Mr. Morrill stated that he has made a recommendation to the City to award contracts to Road Constructors as a responsible bidder. Having no one further wishing to be heard, President Hunziker closed the hearing. Terry Adkins, City Attorney, said that in regard to Project J-9652, Road Constructors has satisfied the conditions as required by the contract and recommended the award of the contract as well as the city -owner contract for Lincolnshire North Fourth Subdivision. Councilmembers Evans moved, Marcoux seconded, to direct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order to be approved by the Council on September 11, 2000, approving the two contracts with the condition of monitoring for one year the manner by which Road Constructors performs public work pursuant to public contracts, including city -owner contracts, awarded by the City of Rochester and retains the ability to revisit the issue should additional information come before the Council. Discussion. Councilmembers Hanson and Senjem were still concerned about the lack of response on the part of Road Constructors but particularly on the part of Cincinnati Insurance Company. Unless an attorney is retained by the homeowners, it will not be possible for those individuals to recover damages to their property. Ayes (4), Nays (2). Motion carried. Councilmembers Hanson and Senjem voted nay. E-2 A Hearing on Type III, Phase I, Appeal #00-03 of the Rochester Zoning Board of Appeals denial on August 2, 2000 of Type III, Phase I, Variance Request #00-17 by Steven Sween to allow for the construction of an addition to the existing single family dwelling located at 1805 SE 2nd Avenue and is in the R-1 Zoning District. Wishing to be heard was Steven Sween, 1805 Second Avenue S.E. Mr. Sween asked the Council to reconsider the denial by the Rochester Board of Appeals. He would like to move his garage ten feet to the north to add an addition on to his 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5949 Agenda Item E-4 E-5 �1 home. The adjacent property owner has offered no objection to moving the garage or the addition to the home. Councilmember Hanson assisted Mr. Sween in drawing up the plans for the addition and moving of the garage which were then denied by the Board of Appeals. He noted that the home is very small and needs a lot of work. The surrounding homes have been updated with siding and windows. Mr. Sween wants to upgrade his property as well. He urged the Council to approve the variance request. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 619- 00 reversing the decision of the Zoning Board of Appeals based on the fact that the home is in need of a great amount of work and the lot is an exceptionally narrow corner lot with the house facing the wrong way and the variance is needed to accommodate this size of lot. Ayes (6), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #00-07 by Del American Inc. to designate land from the "low density residential " to "medium density residential' located along the north side of 2"d St. SW/Country Club road, west of the Shorewood development and 23`d Ave. and east of the Mayo parking lot. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that the use is contiguous with the land density to the east and with the adjacent commercial property. They were in agreement with staff findings. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 620- 00 approving Land Use Plan Amendment #00-07 by Del American Inc. and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-10 by Del American Inc. to re -zone from the R-1 district to B-5 district located along the north side of 2"d St. SW/Country Club Road, west of the Shorewood development and 23`d Ave. and east of the Mayo parking lot. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He stated that the zone changes are consistent with the land use design and the findings support the zone changes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Zoning District Amendment #00-10 by Del American Inc. instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF,THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5950Regular Meeting No. 17 — September 6, 2000 Agenda Item E-3 E-6 E-7 E-6 A Hearing on General Development Plan #155 by Del American Inc. to be known as The Grand Reserve at Cascade Lake located along the north side of 2nd St. SW/Country Club Road, west of the Shorewood development and 23rd Ave. and east of the Mayo parking lot. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that if the Fire Station is constructed in the northwest corner of the property, the units now planned for that area would not be constructed. They are in agreement with the six conditions. He also noted a cost -sharing for the signal at 23rd Avenue and construction of right -turn lanes on Second Street S.W. Councilmember Marcoux asked that two additional conditions for the signal at 23`d Avenue and construction of right -turn lanes be added. Mr. Tointon noted that these two items are already in a full -executed development agreement. Ms. Marcoux withdrew her request. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #155 by Del American Inc. to be known as The Grand Reserve at Cascade Lake with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #156 by Arcon Development Inc. to be known as Boulder Ridge located along the east side of Bandel Road NW, north of the Bandel Hills 3rd and 7th Subdivisions. Councilmembers Senjem moved, Marcoux seconded, to table the item until after E- 7 on the Zoning District Amendment by Arcon. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-11 by Arcon Development to rezone from R-1 to R-2 located along the east side of Bandel Road NW, north of the Bandel Hills 3rd and 7th Subdivisions. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that the site was annexed in May 1999. The area to be rezoned will encompass 40.59 acres in two separate parcels. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment #00-11 by Arcon Development. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #156 by Arcon Development Inc. to be known as Boulder Ridge located along the east side of Bandel Road NW, north of the Bandel Hills 3rd and 7th Subdivisions. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5951 Agenda Item E-8 E-9 E-10 Councilmembers Evans moved, Hansen seconded, to remove the item from the table. Ayes (6), Nays (0). Motion carried. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole said that there would be approximately 172 homes on 75 acres of land. The developer is in agreement with the eight conditions. Terry Adkins, City Attorney, asked that condition #8 be amended to state that "If required by the City at the time the property is developed, applicant shall provide a public pedestrian connection from the public roadway to Outlot C in Bandel North First Subdivision". Mr. Masterpole noted his agreement with the condition amendment. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #156 by Arcon Development Inc. with eight conditions as amended and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #157 by MOG, LLC to be known as Hart Farms located along the west side of 18th Avenue SW (Co. Rd. 147), north of 40th Street SW, across from 36th Street SW. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that conditions #5 and #8 have been satisfied with the revised general development plan and asked that these conditions be removed. He also noted agreement with the additional condition recommended by the staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve General Development Plan #157 by MOG, LLC to be known as Hart Farms with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase III Restricted Development #00-20 Final Plan by South Broadway Partners L.L.C. located east of St. Bridget Road (CSAH 20) and north of 45th Street SE (CR 101). Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 621- 00 approving Restricted Development #00-20 Final Plan by South Broadway Partners L.L.C. with seven conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Amendment to General Development Plan (GDP) #150, known as Valley Side Estates by Freedom Development And Consulting LLC which proposes 5952 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 Agenda Item E-11 to modify the type of development proposed in the northern portion of the GDP located east of 40th Avenue SE, south of Highway 14. Wishing to be heard was Dave Bell, Freedom Development and Consulting LLC. He noted agreement with the nine conditions required. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve General Development Plan (GDP) #150, known as Valley Side Estates by Freedom Development And Consulting LLC with nine conditions instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-41 to be known as River Place located along the east side of 3rd Avenue NW, south of Elton Hills Drive NW and west of the Zumbro River. Wishing to be heard was Ken Miller, Waukasha, Wisconsin, owner and developer. Mr. Miller said that he was in agreement with the two conditions. Wishing to be heard was Jeff Hicks, 1735 Third Avenue N.W. Mr. Hicks was under the impression that the structure to be erected was to be three stories and an underground garage. He was told that the structure will be four stories with an underground garage. The plans of the structure were approved as such and could not be changed without a public hearing. Wishing to be heard was Barb Hudson, 302 19'h Street N.W. Ms. Hudson was disappointed and wondering why a neighborhood meeting had not been held outlining the development. She said that she and her neighbors had questions and concerns about traffic, wildlife, etc. Mitzi Baker, Planning Department, noted that for this type of development a neighborhood meeting is not required to be held. All notices of all hearings had been sent to adjoining property owners. Mr. Miller expressed his apologies that he did not think to have a meeting stating that because the zoning that been zoned to R-1 he did not think there were concerns. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 622-00 approving Final Plat #00-41 to be known as River Place with two conditions. Ayes (6), Nays (0). Motion carried. E-12 I Withdrawn. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5953 1 Agenda Item E-13 E-14 E-15 E-16 E-17 A Hearing on Type III, Phase I Final Plat #00-22 to be known as Southern Woods Third Addition located south of Southern Woods Place SW and east of 11th Avenue SW (County Road 147). Wishing to be heard was Mark Welch, GGG Engineering, representing the applicant. Mr. Welch was available for questions. He noted their agreement with the two conditions and the findings. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 623-00 approving Final Plat #00-22 to be known as Southern Woods Third Addition with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-34 to be known as Weatherstone located along the west side of 50th Avenue NW, north of the Douglas Trail. Wishing to be heard was Jay Jensen, Shelter Corporation, noting their agreement with the staff recommendations and the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 624- 00 approving Final Plat #00-34 to be known as Weatherstone with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #00-02 to be known as Century Hills Townhomes Third Subdivision CIC 168 located along the east side of Century Hills Drive NE, south of Viola Road (CR 2). Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 625-00 approving Final Plat #00-02 to be known as Century Hills Townhomes Third Subdivision with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #99-31 to be known as Lincolnshire North Fourth Subdivision located north-west of Lincolnshire North Third Subdivision, west of the current west end of 48th St. NW and east of West Circle Drive. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 626-00 approving Final Plat #99-31 to be known as Lincolnshire North Fourth Subdivision with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #00-09 by J and C Gardens, LLC to vacate a public sanitary sewer easement to allow for the construction of a multi -family residential RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5954 Regular Meeting No. 17 — September 6, 2000 Agenda Item development located along the east side of 11th Avenue SE, north of Pinewood Road SE and south of future alignment of 20th Street SE. Wishing to be heard was Mark Welch, GGG Engineering, representing the applicant. He noted their agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 627-00 approving Vacation Petition #00-09 by J and C Gardens, LLC with three conditions. Ayes (6), Nays (0). Motion carried. E-18 A Hearing to consider changes to Routes 9, 10, 11, 12, 17 and 23 of Rochester City Lines Bus Service. Tony Knauer, Public Works Department, acquainted the Council with the proposed changes to the routes. Route 9 would be revised to serve only areas west of Highway 52 including Sunset Terrace and Northgate Subdivision. Route 10, currently a peak hour express route, would be revised to provide all day service. Route 11 will have minor time adjustments during midday. Route 12, a direct route, would be rerouted on the outbound in the morning and inbound in the afternoon to serve more stops and Route 23, a Saturday route, would be revised to serve the shopping area on South Broadway. Mr. Knauer said that Route 17, which currently serves areas outside the City would be revised to delete County Road 11 and the south portion of Marion Road. The question of jurisdiction and funding is the major factor in revising the route. He noted that individuals were in the audience that wanted to address the Council on this route. Wishing to be heard were the following individuals in support of continuation of Route 17. They noted that the residents of this area are missing out on public transportation; the route is a service and not a money maker. The majority of the individuals work at the Clinic where parking is an extremely frustrating attempt at trying to find a place to park. There are over fifteen individuals using the route that will be left out. Some of these persons would be agreeable to possibly additional fees to keep the route. Joyce Kildahl, County Road 11 John Armstrong, 3643 Pine Lane S.E. Cecilia Kraft, 5089 Henry Court S.E. Russ Moritz, 3952 Oak Park Circle S.E. Carol Anderson, 5125 151h Street S.E Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers urged Mr. Knauer to look at further negotiations with Olmsted County and Marion Township for Route 17. Councilmembers Senjem moved, Hanson, seconded, to adopt Resolution No. 628- 00 approving changes in Rochester City Lines Routes 9, 10, 11, 12 and 23 as proposed. Ayes (6), Nays (0). Motion carried. C] RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5955 1 Agenda Item E-19 E-20 E-21 E-22 F-1 A Hearing to consider applications for State Transit assistance funds for 2001 for Regular Route and Dial -a -Ride. Wishing to be heard was Tony Knauer, Public Works Department, available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 629-00 authorizing submission of the application to the State of Minnesota for 2001 transit assistance for Regular Route Operations and Resolution No. 629A-00 for Dial -A - Ride Operations. Ayes (6), Nays (0). Motion carried. A Hearing Relating to the Proposal that the City establish its Development District No. 17; adopt the Development Program for the Development District; and establish within the Development District Tax Increment Financing District No. 17-1 and adopt the related Tax Increment Financing Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 630- 00 approving Development District No. 17 and the Tax Increment District Plans. Ayes (6), Nays (0). Motion carried. A Hearing Relating to the Proposal that the City establish its Development District No. 18; adopt the Development Program for the Development District; and establish within the Development District Tax Increment Financing District No. 18-1 and adopt the related Tax Increment Financing Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 631- 00 approving Development District No. 18 and the Tax Increment District Plans. Ayes (6), Nays (0). Motion carried. A Hearing Relating to the Proposal that the City establish its Development District No. 19; adopt the Development Program for the Development District; and establish within the Development District Tax Increment Financing District No. 19-1 and adopt the related Tax Increment Financing Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 632-00 approving Development District No. 19 and the Tax Increment District Plans. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 633- 00 approving Multifamily Housing Revenue Bond issuance of $7,450,000 to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5956 Regular Meeting No. 17 — September 6, 2000 Agenda Item Weatherstone Townhomes Limited Partnership. Ayes (6), Nays (0). Motion carried. F-2 Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 634- 00 approving a Development Agreement with DeWitz Construction, Inc. for the Diamond Ridge 17th Tax Increment Financing project. Ayes (6), Nays (0). Motion carried. F-3 Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 635-00 approving a Development Agreement with Lumber One, Avon, Inc. for the Valley Side Estates Tax Increment Financing project. Ayes (6), Nays (0). Motion carried. F-4 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 636-00 approving a Development Agreement with Joel Bigelow & Sons Enterprises, Inc. for the Kingsbury Hills Tax Increment Financing project. Ayes (6), Nays (0). Motion carried. G-2a An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District, and From the R-1 District to the B-5 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 2"d Street S.W./Country Club Road, West of the Shorewood Development and 23`d Avenue, East of Mayo Parking Lot — Del American) G-2b An Ordinance Rezoning Certain Property From the R-1 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 first reading. (East side of Bandel Road N.W., North of the Bandel Hills 3rd and 7th Subdivisions) H-1 ICouncilmembers Hanson moved, Marcoux seconded, to remove from the table the awarding of the contract for Project No. J-9546. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 637-00 awarding the contract for Project No. 9820-99 (J-9546) "Construct Wellner Drive N.E. from 31st Street N.E. to Rocky Creek Drive N.E." to Road Constructors in the amount of $339,543.40. Ayes (6), Nays (0). Motion carried. 1-1 Councilmembers Senjem moved, McConnell seconded, to request the Public Works Department to come forth with a recommendation that they might deem appropriate based on tonight's hearing relative to owner contracts and documents and whether or not they might have any recommendations for further defining within those documents what responsibility really means in terms of a criteria. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 — September 6, 2000 5957 Agenda Item 1 Having no further business, Councilmembers Senjem moved, Hanson seconded, to recess the meeting to September 11, 2000, at 4:15 P.M.. Ayes (6), Nays (0). Motion carried. C' y Clerk rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5958 Recessed Meeting No. 18 — September 11, 2000 Agenda Item A-1 B-1 D-1-3 D-1 D-2 D-3 F-1 No one wished to be heard during the Open Comment Period. President Pro-Tem David Senjem called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Walter Stobaugh. Absent: President John Hunziker and Councilmember Jean McConnell. Councilmembers Evans moved, Marcoux seconded, to approve the following consent agenda items. Adopted Resolution No. 638-00 executing a City -Owner Contract for Project No. J- 9684 "Basic Construction in Kingsbury Hills Subdivision" with Joel Bigelow & Sons Enterprises, Inc. and Elcor Construction. Adopted Resolution No. 639-00 executing a City -Owner Contract for Project No. J- 9650 "Basic Construction to Serve Diamond Ridge Eighteen" with Western Walls, Inc. and Elcor Construction. Approve amending Ordinance 138 Residential Permit Parking Zones to include the expansion of existing zones and the addition of employees of churches and schools as being eligible to purchase permits and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (5), Nays (0). Motion carried. Stevan Kvenvold, City Administrator, recommended that the Council adopt a preliminary tax levy of between $18.9-$19 million with the understanding that, even if not approved, would give some leeway in determining what is needed in the 2001 budget. Councilmember Hanson asked if the December 4, 2000, budget hearing could be set for December 11, 2000, due to the conflict with the League of National Cities Conference. Three councilmembers will be out of town on December 4tn Councilmembers Marcoux moved, Stobaugh seconded, to approve a preliminary 2001 property tax levy of $19,000,000.00. Ayes (5), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt the proposed 2001 budget of $110,000,000, and the 2001 proposed budget hearing dates changing the initial budget hearing to December 11, 2000. Ayes (5), Nays (0). Motion carried. F-2 Councilmembers Marcoux moved, Stobaugh seconded, to approve the Findings of Fact, Conclusions of Law, and Order relating to Road Constructors as a Responsible Bidder and establishing a one-year monitoring period on their performance. Ayes (5), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 18 — September 11, 2000 .5959 Agenda Item F-3 G-2a 1 Councilmembers Evans moved, Hanson seconded, to approve a Contingency Fund Transfer of $2,500 for the Vicenza, Italy 173d Airborne delegation costs. Ayes (5), Nays (0). Motion carried. An Ordinance Creating and Enacting Chapter 138A of the Rochester Code of Ordinances, Relating to Residential Permit Parking Zones in the City of Rochester and Repealing Chapter 138 of the Rochester Code of Ordinances, was given a first reading. Having no further business, Councilmembers moved, seconded, to recess the meeting to September 13, 2000, 4:00 P.M., City Clerk's Office, for the purpose of canvass of the September 12, 2000, election. Ayes (5), Nays (0). Motion carried. is (.lid �1L'/�VI City Clerk r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5960 Recessed Meeting No. 19 — September 13, 2000 Agenda Item B-1 F-1 President Pro-Tem David Senjem called the meeting to order at 4:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Walter Stobaugh. Absent: President John Hunziker, Councilmembers Marcia Marcoux, Jean McConnell. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 640-00 declaring the elected winners in the contest for Second Ward Councilmember of the City of Rochester as Marcia Marcoux with 869 votes and Paul Myhrom with 862 votes, with the winners' names being placed on the November 7, 2000, General Election ballot. Ayes (4), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (4), Nays (0). Motion carried.. City Clerk C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -7 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 — September 18, 2000 5961 Agenda ' Item A-1 B-1 C-1 D-1-21 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, David Senjem, Walter Stobaugh. Absent: Jean McConnell. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 641-00 referring a petition for "Sanitary Sewer and Water Service to Serve Rochester Pentecostal Church" to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. No minutes were approved. Adopted Resolution No. 642-00 approving the Amended Memorandum of Agreement with the Department of Natural Resources relating to the four flood warning gauges on Silver Creek, Bear Creek, Cascade Creek and the Zumbro River in Rochester. Approved the following licenses and miscellaneous activities. Gambling — Premise Permit Rochester Juvenile Hockey Association at Holiday Inn -South Heating Contractor Total Comfort of Wisconsin, Inc., Pewaukee, Wisconsin Master Installer Michael Hyde, South Milwaukee, Wisconsin Approved Accounts Payable in the amount of $1,638,623.00. Adopted Resolution No. 643-00 approving the Wetland Replacement Plan for Ridgeview Manor Subdivision with four conditions. Adopted Resolution No. 644-00 approving the Wetland Replacement Plan for the Weatherstone Development, including the Shelter Corporation land, with seven conditions. Approved name changes for roadways in Rose Harbor 1st, 2n1, 3rd, and 4th Subdivisions to match existing designations and signage, instructed the City Attorney to prepare the required ordinance for adoption, and to waive the rules and give the ordinance a first and second readings. Approved the payment of the posted $10,000 reward for information leading to the conviction of the perpetrator in the murder of Selina Woitalla. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5962 Regular Adjourned Meeting No. 20 — September 18, 2000 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 See at end of D Items. Adopted Resolution No. 645-00 approving the Amended City -Owner Contract with Lumber One Avon, Inc. as the owner and Elcor Construction as the contractor for Project No. J-9706 "Basic Construction in Valley Side Estates". Adopted Resolution No. 646-00 approving the City -Owner Contract with Jerry Schultz & Randy Reynolds and Elcor Construction for Project No. J-9703 "Basic Construction in Southern Woods Third Addition". Adopted Resolution No. 647-00 approving the City -Owner Contract with Galen Youngkrantz & Patricia Youngkrantz and Mick's Backhoe Service for Project No. J- 9701 "Watermain to Serve the Autumn Woods RV Park". Adopted Resolution No. 648-00 entering into Storm Water Management Agreements with Gary Simonson for Lot 2, Block 1, River Court Commercial Subdivision, Alvin Benike for Calvary Evangelical Free Church and Robert Nuss for Mack Trucks. Adopted Resolution No. 649-00 entering into a Pedestrian Facilities Agreement with Douglas D. Steck and Julia Olofson Steck for the Care Free Mini Storage Property on TH 63 (South Broadway Avenue). Adopted Resolution No. 650-00 approving the seal coating of streets in new subdivisions by the City and the costs to be included in the annual seal coating program. Adopted Resolution No. 651-00 authorizing a public hearing on October 16, 2000 to consider the establishment of a Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) at all hours on 13th Avenue N.W., 10 Block on the east side of the street. Adopted Resolution No. 652-00 authorizing a public hearing on October 16, 2000 to consider the establishment of a Residential Permit Parking Zone #8 (Kutzky Neighborhood) between the hours of 7:00 A.M. to 5:00 P.M., School Days Only, on 6th Avenue N.W., 100 block on the west side of the street and 7th Avenue N.W. in the 10 Block and 100 Block on the east side of the street. Adopted Resolution No. 653-00 approving Change Order #1 for $1,650.00 for Project No. 8215-31-00 (J-2594) "2000 Restoration of The Second Street Ramp". Adopted Resolution No. 654-00 authorizing the City Clerk to advertise for bids for the 2000 Sewage Piping Replacement Project at the Water Reclamation Plant. Approved the appointment of Jeffrey Bagniefski on the Zoning Board of Appeals to fill the unexpired term of Kevin Schimnich running to December 31, 2001. Approved the appointment of Gary Turk and Chris Colby to the Committee on Urban Design and Environment. 1 L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 — September 18, 2000 5963 Agenda Item • E-1 1 Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked procedurally how changes in the contract could occur. Dave Goslee, Deputy City Attorney, stated that the contract could be amended by either party as needed and that the leverage for amending the coi was the right to terminate without cause. Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 655- 00 approving the contract between the City of Rochester and Premier Alarm & Security, Inc. for the use of the Rochester Police firearms range facility located at 4004 West River Parkway. Ayes (6), Nays (0). Motion carried. A Hearing for the purpose of receiving requests for the 2001 Community Development Block Grant Program. The following individuals wished to be heard regarding their requests for CDBG grant awards: Steve Neidhart, 3435 42"d Street N.W., representing the Aldrich Memorial Nursery School Jim Cassmann, 1305 Second Street N.E., representing ARC Southeastern Minnesota Kirstie Poppe, 313 Meadow Run Drive S.E., and Alicia Brown, 1915 Marion Road S.E., representing Child Care Resource and Referral Margie Wherritt, 1940 Third Avenue S.E., representing Family Action Collaborative Doug Butler, 3600 Bamber Valley Road S.W., representing Hiawatha Homes Foundation Victoria Dalle-Molle, 2310 Second Avenue S.W., representing NAMI Olmsted County John Flanders, 2160 Haralson Lane S.W., representing PossAbilities of Southern Minnesota David Schwartzkopf, 331 Wimbledon Hills Drive S.W., Laurie Brownell, 2027 24 % Lane S.E., and Joe Plublenski, 868 Eighth Street S.E., Pine Island, representing SEMCIL Mark Casperson, 101 Seventh Street N.W., representing Samaritan Bethany Sally Gallagher, 305 13 Lane S.W., representing Senior Citizens Services Alice Adamson, 6810 County Road 10 S.E., representing Zumbro Valley Mental Health Center Austin Jorgenson, 1028 34th Street N.W., Donna Garratt, 5816 Summit Lan( S.E., and Dick Fryer, 1324 21st Street N.W., representing Bear Creek Services Foundation Having no one further wishing to be heard, President Hunziker closed the hearing. This item will be continued at the October 2, 2000, meeting RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5964, Regular Adjourned Meeting No. 20 — September 18, 2000 Agenda Item E-2 A Tabled Hearing on Zoning District Amendment Petition #00-08 by Billman-Orr LLC to amend the zoning map from R-1 to B-4 on property located west of TH52, south of 65th Street N.W. and Westgard's First Subdivision. Councilmembers Senjem moved, Stobaugh seconded, to remove Zoning District Amendment Petition #00-08 by Billman-Orr LLC from the table. Ayes (6), Nays (0). Motion carried. Wishing to be heard was Jeff Griffin, GGG Engineering, Chatfield, representing the applicant. Mr. Griffin noted that he has been working with the Planning Department on the question of zoning; they have suggested that the B-4 zoning district with restrictions would be the best zoning for the area. He noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Mitzi Baker, Planning Department, noted that by identifying the restrictions on the General Development Plan the applicant is putting its own restrictions on the trip generation from this development. The language has been modified as a condition on the general development plan. The applicant will be entering into a development agreement with the City that outlines the trip generation condition further. In answering a question from President Hunziker, Ms. Baker stated that the approval of the general development plan follows the property in the event that the property is sold and another development agreement would have to be executed with the new ownership that further outlines those restrictions or the new owners would have to modify the general development plan which would then come before the Council as a hearing. Councilmembers Senjem moved, Evans seconded, to approve Zoning District Amendment Petition #00-08 by Billman-Orr LLC with four conditions and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (5), Nays (1). Motion carried. President Hunziker voted nay. E-3 A Tabled Hearing on General Development Plan #154 known as O & B's Commercial Center located west of TH52, south of 651h Street N.W. and south of Westgard's First Subdivision. Councilmembers Stobaugh moved, Marcoux seconded, to remove from the table General Development Plan #154 known as O & B's Commercial Center. Ayes (6), Nays (0). Motion carried. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve General Development Plan #154 known as O & B's Commercial Center with four conditions and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (5), Nays (1). Motion carried. President Hunziker voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 — September 18, 2000 5965 1 Agenda Item E-2 E-4 E-5 E-6 E-7 A Tabled Hearing on Zoning District Amendment Petition #00-08 by Billman-Orr LLC to amend the zoning map from R-1 to B-4 on property located west of TH52, south of 65`h Street N.W. and Westgard's First Subdivision. Relating back to this matter, Councilmembers, by consensus, identified the criteria on Page 84 of the Request for Council Action and made their findings relative thereto to be included in the Findings of Fact, Conclusions of Law, and Order for Zoning District Amendment Petition #00-08. A Hearing on Type III, Phase 111 Restricted Development #00-13 Final Plan by Galen & Patricia Youngkrantz, to allow for the development of a recreational vehicle park located along the east side of 111h Avenue S.W., south of Scenario Lane S.W., and north of 10`h Avenue S.W. Wishing to be heard was Kris Hammel, 704 Scenario Lane S.W. Ms. Hammel stated that she was speaking for the other landowners bordering on the north property line. After the Planning and Zoning meeting, the neighbors are in full agreement with the project with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 656-00 approving Restricted Development #00-13 Final Plan by Galen & Patricia Youngkrantz with 11 conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #99-23 to be known as Replat of Lots 1- 21, Block 2 Pinewood Meadows First Addition CIC 162 located along the south side of Pinewood Road S.E., east of 23rd Avenue S.E. and north of Pinestar Lane S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 657-00 approving Final Plat #99-23 to be known as Replat of Lots 1-21, Block 2 Pinewood Meadows First Addition CIC 162. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-43 to be known as The Gardens Second Subdivision located north of 45th Street S.E., east of St. Bridget Road S.E. Wishing to be heard was David Kane, one of the partners in The Gardens community. He noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Resolution No. 658-00 approving Final Plat #00-43 to be known as The Gardens Second Subdivision with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #00-10 by Cottage Homesteads of Rochester, Inc. located east of West Circle Drive and north of Salem Road. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5966 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 — September 18, 2000 Agenda Item E-8 G-2a G-2b G-3a Wishing to be heard was Jennifer Russell, 2701 Salem Road S.W. She related that during construction in the area, the contractors were unconcerned about trees, roads, etc. outside of the property limits. Ms. Russell asked why the easement was being vacated; was it just to be able to build additional homes. She was concerned that the storm water would be ponding and would not follow the drainage route. Richard Freese, Public Works Director, explained to Ms. Russell that the water did run to the southeast corner of the property and eventually under Circle Drive and to the other side of the road. However, the City, County and Salem Sound Homeowners' Association are working on a plan to change the current drainage to drain to the west into a larger holding pond on the west side of Circle Drive. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 659-00 approving Vacation Petition #00-10 by Cottage Homesteads of Rochester, Inc. Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6320-2- 79 (J-8705) "Basic Construction in 20th Avenue S.E. north of 17th Street (1615 19th Avenue S.E. reassessment)", Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution 660-00 approving the Proposed Assessment for Local Improvement Project No. 6320-2-79 (J-8705) "Basic Construction in 20th Avenue S.E. north of 17th Street (1615 191h Avenue S.E. reassessment)". Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Several Roadways Located In Rose Harbor First, Rose Harbor Second, Rose Harbor Third and Rose Harbor Fourth Subdivisions, was given a first reading. Councilmember Stobaugh moved, Hanson seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 District to the B-4 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. (west of Highway 52, south of 65th Street N.W. and Westgard's First Subdivision) An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a second reading. Councilmembers Senjem moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item AIN G-3c J Regular AdjoWgd VeAQCXb9.S;T-9I3,Sb�A9T&, 2000 An Ordinance Annexing to the City of Rochester A Portion of the Northwest Quart of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (551h Street Estates) An Ordinance Amending Official Street Map Number 12 Concerning the Proposed Right Of Way For the Interchange of Trunk Highway 63 With 40th Street and 48th Street S.W. and S.E. in the City of Rochester, Minnesota, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Evans seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. Z �d-n,'J - i y Clerk 5967 59 (OS Agenda Item B-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Special MeetAVY4cPf1 P-C WtVL-?,2b1,In pSOTA President Pro-tem Jean McConnell called the meeting to order with the following members present: Councilmembers Evans, Hanson, Marcoux, Senjem and Stobaugh. Absent: President Hunziker. Councilmembers Hanson moved, Evans seconded to adopt Resolution No. 661-00 approving a Release Agreement with the Mayo Foundation for the Fire Department's use of the property located between the Harwick Building and the Medical Sciences Building at 321 Third Ave. SW. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Evans seconded to adjourn the meeting. Ayes (6), Nays (0). Motion carried. d0ja I - &iz— C,-X, Deputy City Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5 9 6 9 Agenda Item A-1 B-1 C-1 D-1-3 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmember Hanson moved, Marcoux seconded, to adopt Resolution No. 662- 00 referring the petition from the residents of Fox Valley Drive S.W. for a sidewalk project continuation to the Public Works Department for a feasibility report. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the September 6, 13, 18 and 25, 2000, council meetings. See at end of D items. Approved an amendment to the Disorderly Use Ordinance to allow a disorderly use notice to be issued to rental units whose tenants cause problems outside of the rental unit itself, but within the common areas of the licensed premises, and directed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 663-00 approving an amendment to the Joint Powers Agreement with MnSCU to specify a maximum contribution of $1,500,000 for roadway designs and construction. Approved $5,000 from the 2000 Contingency Account for funding in hiring a part- time coordinator for the Master Action Plan for Youth. Adopted Resolution No. 664-00 approving an amended Development Agreement with MF Holdings for the WSI expansion project. Adopted Resolution No. 665-00 entering into a contract in the amount of $117,000 with Yaggy-Colby for design work on a new fire station to be located in the Cascad Lake area. Adopted the following Rochester Public Utilities resolutions: Resolution No. 666-00 approving a purchase order agreement with Border States Electrical Supply/Cooper Power Systems for two 2500 KVA distribution transformers in the amount of $43,920.00. Resolution No. 667-00 approving an amendment to a purchase order agreement with Burmeister/Howard Industries for single phase padmount distribution transformers in the amount of $188,592.00. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5970 Regular Meeting No. 22 — October 2, 2000 Agenda Item M. D-10 D-13 D-14 D-15 D-16 D-17 D-18 Resolution No. 668-00 approving an amendment to a purchase order agreement with RESCO/Pauwels for three phase padmount distribution transformers in the amount of $237,654.00. Resolution No. 669-00 designating October 1-7, 2000, as Public Power Week. Approved an amendment to Chapter 35 of the Housing Code Ordinance to define "open area" and identify items that are prohibited from being stored in open areas. Approved the following licenses and miscellaneous activities. Gambling — Temporary March of Dimes — Raffle at Rochester Golf and Country Club — November 16, 2000. Master Installer Mark Vacura, Dodge Center Sidewalk — Cement H & W Construction Services, Inc., White Bear Sign Installation Corey Fromm DBA Fromm's Signs, Coon Rapids Approve the On -Sale Intoxicating and Sunday Liquor License for Oi-Kwok DBA Bon's Buffet, 1645 Highway 52 North, Hillcrest Shopping Center pending the required department approvals, insurance certificates and required fees. Approved an amendment to the Residential Permit Parking Ordinance for placement of tags by resolution, adopted Resolution No. 670-00 requiring the placement of tags on the rear license plate, and instructed the City Attorney to prepare the required ordinance for approval. Approved the roster of election judges for the November 7, 2000, General Election. Approved Accounts Payable in the amount of $2,691,873.85. Adopted Resolution No. 671-00 approving the use of Mayo Foundation parking facilities for Fire Department training during October and November 2000. The relationship of Councilmembers Senjem and Stobaugh were noted. Approved the appointment of Lyle Frederickson to the position of Firefighter in the Rochester Fire Department upon successful completion of required examinations. Accepted the donation of $150.00 from the Past Exalted Rulers Association for the Rochester Police Honor Guard clothing fund. Accepted the donation of a class III hitch, stabilizing tow bar arms and brackets for the Rochester Police Department ERU unit from Gary Gerega. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5971 Agenda Item D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 Adopted Resolution No. 672-00 authorizing a contribution agreement with Ann Riley, 1239 Second Street N.W., for Improvements to Substandard Streets . Adopted Resolution No. 673-00 authorizing the submittal of a Transportation Revolving Loan Fund application to MnDot in the amount of $3.5M City share and $3.5M County share for the interchange improvements to TH63 South at 40th and 48th Streets and reconstruction of the adjacent local roadways. Adopted Resolution No. 674-00 authorizing a contribution agreement with the Mayo Foundation for reconstruction of five city blocks of streets adjacent to the Mayo and Gonda Buildings and executing a professional services agreement with Yaggy- Colby for design engineering services and to amend City/Owner Contract J-9497 to include the reconstruction of the east side of 3`d Avenue S.W. from 2"d Street S.W. to Center Street by Mayo. The relationship of Councilmembers Senjem and Stobaugh were noted. Adopted Resolution No. 675-00 approving a revocable permit with Gary Kline, 3021 43rd Street N.W. to place a sign within a drainage easement on his property. Adopted Resolution No. 676-00 approving a revocable permit with Robert and Barbara Egbert for 2425 52"d Street N.W. to place a fence within an easement on their property. Adopted Resolution No. 677-00 authorizing the execution of a City/Owner Contract with Cottage Homesteads of Rochester, Inc. and Kober Excavating for Project No. J-9741 "Watermain to Serve Salem Meadows Phase III (Buildings 6-12 and 20- 28)" Adopted Resolution No. 678-00 approving Stormwater Management Agreements with Golding Coral (Northwest Subdivision) and Care Free Mini Storage (2901 South Broadway Avenue). Adopted Resolution No. 679-00 authorizing execution of engineering service agreements with the following engineering firms for sanitary sewer and watermain projects: Short Elliot Hendrickson & Associates (SHE) Project No. M1-01 (J-9745) "Badger Run Sub-Trunkline Sanitary Sewer from 30th Avenue S.E. to 301h Street S.E. to Serve Sewer Districts 16B and 16D in Marion Township" WHKS & Company Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain to Serve the Elmcroft Subdivision Area" Yaggy-Colby Associates Project No. M-1-03 (J-9747) "Sub-Trunkline Sanitary Sewer to Serve the Forest Hills Subdivision Area" RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5972 Regular Meeting No. 22 — October 2, 2000 Agenda Item Project No. M-1-04 (J-9748) "Sanitary Sewer and Watermain to Serve the Forest Hills Subdivision Area" McGhie & Betts Project No. M-1-05 (J-9749) "Sanitary Sewer to Serve the Rose Harbor Subdivision Area" Project No. M1-06 (J-9750) "Sanitary Sewer and Watermain to Serve the Rose Haven Subdivision Area" D-27 Adopted Resolution No. 680-00 authorizing the City Clerk to advertise for bids for Project No. J-9603 "Water Tower to Serve Southeast Service Area (Rose Harbor Site)". D-28 Adopted Resolution No. 681-00 authorizing the City Clerk to advertise for bids for Project No. M007 (J-9604) "Trunk Watermain in Southeast Service Area". D-29 Adopted Resolution No. 682-00 awarding a contract to Elcor Construction for Project No. 9918 (J-9595) "Sanitary Sewer and Watermain to Serve 3010 Valleyhigh Drive N.W." and Resolution No. 683-00 entering into a Construction Engineering Service Agreement with Bonestroo Rosene & Anderlik not to exceed $8,536.00. D-30 Adopted Resolution No. 684-00 authorizing Supplement Agreement No. 1 in the amount of $660.00 and Supplemental Agreement No. 2 in the amount of $13,400.00 with Arcon Construction for Project No. M001 (J-9598) "Trunkline Sanitary Sewer From the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve Sewer Districts 16A, 16B, 16C and 16D in Marion Township". Ayes (7), Nays (0). Motion carried. D-2 Councilmembers Evans moved, McConnell seconded, to deny the use of contingency dollars for a department head classification audit. Ayes (2), Nays (5). Motion failed. Councilmembers Hanson, Marcoux, Senjem, Stobaugh and President Hunziker voted nay. Councilmembers Senjem moved, Stobaugh seconded, to approve the authorization of $10,000 from the 2000 Contingency Account to fund expenses associated with a department head classification audit. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. E-1 A Hearing on City Council Initiated Annexation #00-12 to Annex Properties Located within Sections 10, 11, 14, 15, 16 and 23 of Rochester Township. Wishing to be heard was Brenda Dicken, Chairperson, Rochester Township. Ms. Dicken first told of the impact that the annexation would have on the entire township. She stated that annexation of 917 acres would change the makeup of the township reducing the number of households by 383, or one-third of the total households. Thirty-one percent of the tax base will be taken away from Rochester Township. The impact on the residents will be a higher tax base, their services will 7)I LJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5 973 Agenda Item 1 remain the same as the City does not plan to service the area with sewer and water, and the residents don't want to be annexed. Wishing to be heard was Jeff Broberg, McGhie & Betts Environmental Services speaking as a Technical Consultant representing five neighborhoods opposing the annexation. Mr. Broberg displayed maps showing the topography of the area and the rock formations surrounding the proposed annexed area. He stated that it would be very difficult and economically not feasible to bring sewer and water to certain areas. They are currently on individual septic systems and utilize the natural seeping processes effectively without contamination of the drinking water system. He said that 17 percent of the septic systems in this area have been successfully repaired. Wishing to be heard was Ken Mohn, Dunlap and Seeger Law Offices, representing neighborhoods in the proposed annexation area. Mr. Mohn asked that the maps presented by Mr. Broberg be made a part of the record. He stated that if environmental concerns are what's driving the annexation, those are concerns. Mr. Mohn referred to, and entered into the record, a letter from Gary Neumann to Brenda Dicken saying that it is not feasible for the City to extend sewer and water and the City does not plan to do so. If the City did so, the cost would be in excess of $30,000 for each home. Mr. Mohn entered into the record the results of the survey of the neighborhoods in opposition to annexation: Bamberwood — 86 percent, Lenwood — 61 percent, Highland Acres — 83 percent, Merrihills — 79 percent and Oak Ledge —100 percent. He said that the record does not support an environmental reason for the annexation; it only an economical reason. The township contracts for fire services with the City of Rochester but all other services are better services than the City could provide. The financial impact for the township will have severe consequences. In answer to a question from the City Attorney, Terry Adkins, Mr. Mohn said that he felt that it is his legal opinion that the City cannot just take land because it is surrounded, that analysis is flawed; under State law the City could not just take surrounded township land. Mr. Mohn also asked why the City has deferred other annexations for ten years but feels that this annexation must be immediate. Wishing to be heard was Doug Kruger, 1430 30th Street S.W. Mr. Kruger noted tF the City Administrator has indicated that the City must raise the tax levy to relieve the stress of providing services to new property owners. Mr. Kruger said to leave him out of the city. Gary Neumann, Assistant City Administrator, asked that the Council packet materials contained on pages 91-93 showing new services to areas that are annexed be added to the record. Wishing to be heard was Les Griebenow, 906 Forest Hills Drive S.W. Mr. Griebenow asked if Forest Hills Subdivision was going to be annexed along with the entire surrounded township area. Mr. Griebenow said he was told in 1999 that sewer and water would be installed in 2000 and he questioned when or if it would be coming. He was told by President Hunziker that he would be annexed and the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5974 Regular Meeting No. 22 — October 2, 2000 Agenda Item E-2 E-3 sewer/water service would be available to him the Forest Hills Subdivision in 2001 due to the delay over the annexation of the entire portions under consideration. Wishing to be heard was Mike Vale, 620 Southtown Heights Drive S.W. Mr. Vale wanted to know if the Water Quality Protection Program agreement that they signed was still valid or would they be charged a higher rate. He was told that the dollar figure quoted by staff would be the maximum amount charged. Wishing to be heard was Lynn Didier, 2316 Hillside Lane S.W. She stated that she was probably one of the families counted for annexation. Ms. Didier said that they felt it was inevitable but now if water and sewer services won't be available to them, why do they have to be annexed? Their home was built in 1966, they bought it in 1981 and the sewer and septic system is in excellent shape. Wishing to be heard was Gene Peters, 3015 181h Avenue S.W., Rochester Township Supervisor. He noted that the township helped coordinate the Water Quality Protection Program meetings for those residents who petitioned for City sewer and water services. At that time the township and residents were told that there would be a seven-year delay before annexation. The township has been willing to negotiate since the beginning on the areas that have petitioned for sewer and water. After that, the officers were told that the area was 100 percent surrounded and would be annexed. Wishing to be heard was Jack Wiltsie, 2608 Merrihills Drive S.W. He asked if State Statutes set annexation by ordinance at a five-year limit. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve the initiation of Annexation #00-12 to Annex Properties Located within Sections 10, 11, 14, 15, 16 and 23 of Rochester Township by instructing the City Attorney to prepare an ordinance to be adopted and transmitted to the Minnesota Planning/Office of Strategic and Long Range Planning. Furthermore, upon annexation, the property should be assigned to the H zoning district. Ayes (5), Nays (2). Motion carried. Councilmembers Marcoux and McConnell voted nay. A Hearing on the 2001 Community Development Block Grant Program Requests. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve the 2001 Community Development Block Grant Program Requests to the various organizations as noted in the Request for Council Action. Ayes (7), Nays (0) Motion carried. A Hearing on Type III, Phase II Amendment to Planned Unit Development R-40 to allow a Christian Bookstore at 1617 Skyline Drive S.W. F71 I� L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5 975 Agenda Item 1 Wishing to be heard was Don Weinrich, 1617 Skyline Drive S.W., owner of the building. He gave a brief history on the building noting the change in zoning in 1999 to allow office uses. Mr. Weinrich said that they have sent out over 1400 flyers and have done numerous advertisements in an effort to market the building. He felt that the options that he has available to rent have been limited. He requested that the Council approve the variance for a retail to allow a Christian bookstore to operate on the property. Wishing to be heard was Ann Fysk, 2070 Century Hills Drive N.E. Ms. Fysk said that she hoped to bring more to the community by operation of a Christian bookstore. She noted that she is a very community -oriented person and hopes to make a difference. Wishing to be heard was Jim Conway, ReMax, 4600 18`h Avenue N.W. Mr. Conway noted that three churches surround the property and the idea of a Christian bookstore in this location would be a good opportunity to expand the vision of giving back to the community. He also noted that the business would be a good buffer for the expansion of the TH52 project. He talked about the lighting of the parking lot being directed downward so that they do not reflect into the townhomes above, that deliveries will be minimal and that there will be no significant noise levels attributed to the business. Mr. Conway stated that the interior and exterior of the building would be improved as well. The retail look of the building would only be toward the front and the signage would be minimal. Wishing to be heard was Barbara McLeod, 1711 Walden Lane S.W. Ms. McLeod was representing the Walden Lane Townhome Association. She noted their opposition to retail trade in the building saying that the zone had been changed for office use. They felt that retail trade would bring a negative impact to the neighborhood. She said that it is their belief that a usage change based on a personal want would create an unfair burden to the neighborhood. An office use would create destination -bound traffic only and the concern of the neighbors would be alleviated. Wishing to be heard was Mary Lou Capelle, 1705 Walden Lane S.W. Ms. Capelle said that the business presently owned by Ms. Fysk known as Wisteria Estates, was located in a neighborhood where a newly built home was on the market for some time. She asked if the business was a negative impact to the selling of the adjoining home. Ms. Capelle noted that there are no other businesses located in close proximity to the townhomes. She did not believe that the Christian bookstore would be a better buffer than the building used as an office use. Wishing to be heard was Pat Capelle, 1705 Walden Lane S.W. He said that the neighborhood is not conducive to a business right now. The concern is with the parking lot that is located four feet from the townhomes. He is in full support of office use, not retail. Wishing to be heard was Mac Hamilton, Real Estate Agent for Don Weinrich. Since January the building has been marketed and they have been trying to find a tenant. One law firm asked for inappropriate signage, another dental office became RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5976 Regular Meeting No. 22 — October 2, 2000 Agenda Item E-4 E-5 interested but did not sign the contract. They feel that they have an appropriate use at this time. Wishing to be heard was Edward Hagen, 1703 Walden Lane S.W. Mr. Hagen said that the issue is very clear, the neighbors don't want retail in their backyard. Wishing to be heard was Joe Postier, representing the Congregational Church to the south. The dental office was a good neighbor to the church. He said that Ms. Fysk's business will have less traffic than the dental office and she has assured them that the signage will remain the same. The only problem may arise in the Sunday opening of the business but he did not see that something could not be worked out. Mr. Postier felt that the business is a very harmless operation for a retail business and would like to see them as a neighbor for the church. Wishing to be heard was Paul Pehler, 1712 Walden lane S.W. Mr. Pehler noted that he has lived in the neighborhood since 1972 prior to any of the buildings. He does not see the proposed business as objectionable and is in favor of the business being located in the dental building. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 684A-00 denying the Amendment to Planned Unit Development R-40 to allow a Christian Bookstore at 1617 Skyline Drive S.W. based on the findings on page 104 of the Request for Council Action as recommended by staff. Ayes (7), Nays (0). Motion carried. A Hearing on Amendment to Zoning District Amendment #00-13 by Ratzloff/Bigelow Development to rezone from R-1 to B-5 on land located north of Pinewood Road S.E., west of 22nd Avenue S.E. and East of the bikeway trail. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street S.W., the applicant. Mr. Ratzloff was in agreement with the findings saying that the amendment conforms to the general development plan. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Zoning District Amendment #00-13 by Ratzloff/Bigelow Development with the findings on pages 119-120 in the Request for Council Action and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Amendment to General Development Plan #106 by Ratzloff/Bigelow Development known as South Park and Zoning District Amendment #00-13 on land located north of Pinewood Road S.E., west of 22nd Avenue S.E. and East of the bikeway trail. Having no one wishing to be heard, President Hunziker closed the hearing. F-" RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5977 0 Agenda Item E-6 E-7 M Councilmembers Evans moved, Marcoux seconded, to approve Amendment to General Development Plan #106 by Ratzloff/Bigelow Development known as South Park and Zoning District Amendment #00-13 with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-40 by Ratzloff/Bigelow Development to be known as South Park Six located north of Pinewood Road S.E., west of 22nd Avenue S.E. and east of the bikeway trail. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Preliminary Plat #00-40 by Ratzloff/Bigelow Development to be known as South Park Six with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-12 and Design Modification #00-11 by Arnold Bomgaars to rezone R-1 to B-5 on land located along the east side of 11th Avenue S.E., north of the future alignment of 20th Street S.E. and west of Bear Creek. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Zoning District Amendment #00-12 and Design Modification #00-11 by Arnold Bomgaars and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II General Development Plan #158 by Arnold Bomgaars to be known as Spruce Meadows located along the east side of 111h Avenue S.E., north of the future alignment of 20th Street S.E. and west of Bear Creek. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve General Development Plan #158 by Arnold Bomgaars to be known as Spruce Meadows with four conditions as amended and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Type III, Phase II Amendment to Preliminary Plat #00-17 known as Valley Side Estates by Freedom Development & Consulting, LLC located along the east side of 401h Avenue S.E., east of Eastwood Hills Second Subdivision. Wishing to be heard was Dave Bell, Freedom Development and Consulting. Mr. Bell noted their agreement with the three conditions. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5978 Regular Meeting No. 22 — October 2, 2000 Agenda Item E-10 E-11 E-12 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve Amendment to Preliminary Plat #00-17 known as Valley Side Estates by Freedom Development & Consulting, LLC with three conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-37 by Randy Reynolds to be known as South Pointe Sixth Subdivision located between TH 63 south and 11th Avenue S.W., south of 60th Street S.W. and northeasterly from South Pointe Third and Fourth Subdivisions. Mitzi Baker, Planning Department, suggested that an additional condition be added to the development agreement outlining obligations of the applicant. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted agreement with the conditions including the additional condition suggested by staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Preliminary Plat #00-37 by Randy Reynolds to be known as South Pointe Sixth Subdivision with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-38 by Arcon Development, Inc. to be known as Summit Pointe Second located along the east side of 50th Avenue N.W. and north of White Oaks Fourth Subdivision and North Park Ninth Subdivision. Mitzi Baker, Planning Department, noted that the fourth item under condition #1 dealing with the widening of the east -west roadway and cul-de-sac has been done. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted agreement with the conditions. He also noted that the maintenance of the island will be cared for by an association as defined in the development agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Preliminary Plat #00-38 by Arcon Development, Inc. to be known as Summit Pointe Second with five conditions as revised and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-39 by MOG, LLC to be known as Hart Farm Subdivision located along the west side of 181h Avenue S.W., north of 40th Street S.W., and across from 36th Street S.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5 9 7 9 n Agenda Item E-13 E-14 E-15 Brent Svenby, Planning Department, stated that condition #1 can be dropped based on the revised plat. Councilmember Hanson asked why Outlot A was needed as a walkway. He was concerned that children would use it to attempt to cross 181h Avenue S.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He said that the outlot does have a lot of liability and safety issues but they are willing to leave it in. Mr. Masterpole stated that he will look into the possibility of removal of the outlot for the final plat approval. They are in agreement with the nine conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #00-39 by MOG, LLC to be known as Hart Farm Subdivision with nine conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-06 to be known as Summit Pointe located east of 50th Avenue N.W., north of Savannah Drive and North Park Ninth Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant and noting their agreement with the three conditions. Terry Adkins, City Attorney, noted that the first line of condition #3 should read "Parkland dedication for this plat shall be met..." rather than "me". Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 685-00 approving Final Plat #00-06 to be known as Summit Pointe with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-16 to be known as Kingsbury Hills located south of 55th Street N.W., west of the Wedgewood Hills Subdivisions and 50th Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 686• 00 approving Final Plat #00-16 to be known as Kingsbury Hills with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Final Plat #00-25 to be known as Emerald Hills Th Subdivision located east of East Circle Drive, north of Century High School and west of Darcy Drive N.E. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5980 Regular Meeting No. 22 — October 2, 2000 Agenda Item E-16 E-17 E-18 E-19 Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant. He noted their agreement with the two conditions. Mr. DuMond stated that the erosion problems are being taken care of and grading has commenced. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 687-00 approving Final Plat #00-25 to be known as Emerald Hills Third Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-11 by Western Walls, Inc. to vacate a utility easement within Lots 1 and 2, Block 1, Rose Harbor Estates and a portion of street right-of-way in Rose Harbor Fourth Subdivision lying adjacent to Lots 1 and 2, Block 1 Rose Harbor Estates. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 688- 00 approving Vacation Petition #00-11 by Western Walls, Inc. with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on the Annual Review of Rural Service District Parcels. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 689-00 approving the Annual Review of Rural Service District Parcels. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M088 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area". No one wished to be heard at this time. The Public Works Department requested that the hearing be continued to October 16, 2000. Councilmembers McConnell moved, Marcoux seconded, to continue the hearing to Consider the Making of Local Improvement Project No. M088 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area" to October 16, 2000. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 8316-98 (J- 2454) "Rehab South Park Drainageway". Having no one wishing to be heard, President Hunziker closed the hearing. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — October 2, 2000 5981 Agenda Item E-20 G-2a G-2b G-2c G-2d G-2e G-2f Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 690- 00 approving Local Improvement Project No. 8316-98 (J-2454) "Rehab South Park Drainageway". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 8316-98 (J-2454) "Rehab South Park Drainageway". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 691- 00 approving the proposed assessment for Local Improvement Project No. 8316-98 (J-2454) "Rehab South Park Drainageway". Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 38.11, Subdivisions 1, 7, and 8 of Section 38.152, and Subdivisions 2 and 4 of Section 38.153 of the Rochester Code of Ordinances, Relating to the Suspension or Revocation of a Rental Registration Certificate, was given a first reading. An Ordinance Amending and Reenacting Section 35.21 of the Rochester Code of Ordinances, Relating to the Definition and Regulation of Open Areas Within the Housing Code, was given a first reading. An Ordinance amending and Reenacting Section 138A.05 of the Rochester Code of Ordinances, Relating to the Display of Residential Permit Parking Stickers, was given a first reading. Councilmembers Stobaugh moved, Hanson seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester a Portion of the South Half of the Southwest Quarter of Section 10, the East Half of the Southwest Quarter of Section 11, the Northwest Quarter of the Northwest Quarter, and the South Half of Section 14, Section 15, the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16, the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of section 23, All in Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Sections 10, 11, 14, 15, 16 and 23 of Rochester Township) An Ordinance Rezoning Certain Property From the R-1 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 first reading. (north of Pinewood Road S.E., west of 22"d Avenue S.E., east of the bikeway trail) An Ordinance Rezoning Certain property From the R-1 District to the B-5 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. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5982 Regular Meeting No. 22 — October 2, 2000 Agenda Item G-2g G-3a G-3b (east side of 111h Avenue S.E., north of the future alignment of 201h Street S.E., of Bear Creek) An Ordinance Amending and Reenacting Ordinance 1466, Relating to the Designation of Certain Lands in the City of Rochester As Part of the Rural Service District, was given a first reading. Councilmembers Stobaugh moved, Hanson seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Marc seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 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 McConnell moved, Marcoux seconded, to adopt the prepared Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of Bandel Road N.W., North of the Bandel Hills 3rd and 71h Subdivisions) An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District, and From the R-1 District to the B-5 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 Senjem moved, Stobaugh seconded, to adopt the prepared Ordinance as read. Ayes (7), Nays (0). Motion carried. (North side of 2"d Street S.W./Country Club Road, West of the Shorewood Development and 23rd Avenue, East of Mayo Parking Lot — Del American) Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 5983 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. D-1-48 Councilmembers Stobaugh moved, Marcoux seconded, to approve the following consent agenda items. D-1 Approved the minutes of the October 2, 2000, meeting. D-2 See at end of D Items. D-3 Adopted Resolution No. 692-00 authorizing execution of the agreement with Visiontron Corporation for a Flight Information Display System for the passenger waiting area at the Rochester International Airport. D-4 See at end of D Items. D-5 Adopted Resolution No. 693-00 setting a public hearing for November 6, 2000, to determine if the property at 509 Ninth Avenue N.W. is hazardous as defined by law. D-6 Adopted Resolution No. 694-00 setting a public hearing for November 6, 2000, to consider the proposed charter amendments relating to the timing of the redetermination of ward boundaries. D-7 Approved the following licenses and miscellaneous activities: Circus Rochester Shrine Circus — Mayo Civic Center — November 18 & 19, 2000 Gambling — Temporary March of Dimes — Raffle — November 16, 2000 Ronald McDonald House — Raffle — February 11, 2001 YMCA of Rochester, Inc. — Raffle — December 31, 2000 Heating Contractor Forced Air, Inc. DBA Wenzel Heating & Air Conditioning, Eagan Wes' Plumbing & Heating, Bemidji Master Installer Michael A. Flattum, Lakeville Daniel A. Miller, Northfield Roger Lind, Fridley Frank Osland, Edina Edward Seitz, Bemidji Master Plumber Wes' Plumbing & Heating, Bemidji RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 59$4 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 Miscellaneous City Activities Permit Buddhist Support Society, Inc. — Kakthin Festival — October 29, 2000 Approved the transfer of the location for the Off -Sale Liquor License for Route 52 Liqueurs, Wines and Ales from 1618 Hillcrest Shopping Center to 3470 55th Street N.W. for approximately November 1, 2000. Approved the Off -Sale 3.2 Beer License for Sam's Club located at 3410 55th Street N.W. Approved the transfer of the location for the Club On -Sale Liquor License for the AFL-CIO Labor Club Bar from 4 Fourth Street S.W. to 11 Fourth Street S.E. See at end of D Items. Adopted Resolution No. 695-00 setting a hearing on November 20, 2000 for assessing unpaid accounts for weed removal, tree removal, snow removal, sidewalk repair, debris removal, impound towing, secure property and sewer/water. Approved Accounts Payable in the amount of $1,923,009.40. Adopted Resolution No. 696-00 authorizing the replacement of four part-time, hourly positions with one full-time Library Assistant I — Information Services/Interlibrary Loans position. See at end of D Items. See at end of D Items. See at end of D Items. Adopted Resolution No. 696A-00 approving the Police Department application for a grant in the amount of $62,269 for Local Law Enforcement Block Grant program with a City matching amount of $6,919.00 and authorizing the Mayor and City Clerk to execute the grant agreement on behalf of the City. Adopted Resolution No. 697-00 authorizing the Mayor and City Clerk to execute the Development Agreement for the Cascade commercial Development Project; accepting the developer's petition for annexation of the property and zoning to M-1 and refer the petition for a hearing before the Planning Commission; accepting the Public Works feasibility report; and accepting the developer's petition for extension of city water and sewer to serve the property. Adopted Resolution No. 698-00 authorizing execution of the Development Agreement for Harvestview Development. Adopted Resolution No. 699-00 authorizing execution of the Development Agreement for Badger Ridge Development. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 5985 I� Agenda Item D-22 D-23 D-24 D-25 D-26 D-27 D-29 D-30 D-31 Adopted Resolution No. 700-00 authorizing the staff to complete the acquisition of Lot 14 Kreters Replat from Mr. and Mrs. Kreter in the amount of $26,000.00 for the Project No. J-2249 "Cascade Creek Bike Trail". Adopted Resolution Nos. 701-00 and 702-00 ordering preparation of the assessment roll and setting an assessment hearing for November 20, 2000 for Sidewalk Replacement Project No. J-9487 "Replacement of Sidewalk from 13th Street to 16th Street S.E. and 3rd Avenue to 11th Avenue S.E.". Adopted Resolution Nos. 703-00 and 704-00 ordering preparation of the assessment roll and setting an assessment hearing for November 20, 2000 for Sidewalk Replacement Project No. J-9488 "Replacement of Sidewalk from 16th Street to 20th Street S.E. and 3rd Avenue to 11th Avenue S.E.". Adopted Resolution No. 705-00 authorizing execution of the Assessment Agreements for Project No. 6312-1-99 (J-9542) "Reconstruction of 12th Avenue N.E. from 14th Street N.E. to end of Cul-de-Sac" and amend the previously adopted assessment roll resolution dated January 20, 1999. Adopted Resolution No. 706-00 authorizing execution of the Assessment Agreements for Project No. 6008-99 (J-9520) "Reconstruction of 16th, 16 1/2, 17th, 17 1/2 Streets from 18th Avenue N.W. to 19th Avenue N.W.; and Reconstruction of 18 1/2 Street from 19th Avenue N.W. to 20th Avenue N.W." and amend the previously adopted assessment roll resolution dated November 2, 1998. Adopted Resolution No. 707-00 authorizing execution of the Assessment Agreements for Project No. 6001-99 (J-9531) "Reconstruction of Wilshire Court N.E. from Wilshire Drive N.E. to End of Cul-De-Sac" and amend the previously adopted assessment roll resolution dated April 19, 1999. Adopted Resolution No. 708-00 authorizing execution of the Assessment Agreements for Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E." and amend the previously adopted assessment roll resolution dated October 5, 1998. Adopted Resolution No. 709-00 authorizing execution of the Assessment Agreements 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." and amend the previously adopted assessment roll resolution dated June 21, 1999. See at end of D Items. Adopted Resolution No. 710-00 authorizing execution of a City/Owner Contract between CED (MN) QRS 14-40, Inc. and Fraser Construction for Project No. J- 9733 "Watermain and Hydrants to Serve Lots 1 & 2, Block 1, Circle Drive Business Center Section (Celestica)". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 9 8 6 Regular Adjourned Meeting No. 23 — October 16, 2000 Agenda Item D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-40 D-41 D-42 Adopted Resolution No. 711-00 authorizing execution of a City/Owner Contract between Rochester Suites Hotel LLC and Fraser Construction for Project No. J- 9744 "Alley Work and Sanitary Sewer Re -Routing to Serve the Staybridge Suites (Fiksdal Project)". Adopted Resolution No. 712-00 authorizing execution of a City/Owner Contract between Deerhaven LLC and Jech Excavating for Project No. J-9662 "Watermain & Sanitary Sewer to Serve Deerhaven". Adopted Resolution No. 713-00 authorizing execution of a City/Owner Contract between Fred Schmidt and Elcor Construction for Project No. J-9699 "Basic Construction in Emerald Hills Third Subdivision". See at end of D Items. Adopted Resolution No. 714-00 approving Stormwater Management Agreements with The Prow Company, Inc., American Express Building, Gikas Office Building, Charter Communication Building and Christ Our Rock Subdivision. Adopted Resolution No. 715-00 approving payment of Supplemental Agreements #1, #2, and #3 with Swenke Company for Project No. 9828 (J-9535) "Sanitary Sewer and Watermain to Serve the 1100 Block of Skyline Drive S.W." Adopted Resolution No. 716-00 approving payment of Supplemental Agreements #1 and #2 with A-1 Excavating for Project No. 9714-99 (J-9577) "Sanitary Sewer and Watermain Extension to Serve 22nd Avenue S.E., 23rd Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E., and in Pinewood Road S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E.". Adopted Resolution No. 717-00 entering into Utility Connection Agreements with property owners on 31st Street N.E., Morris' First Subdivision, and authorize the levying of charges and fees under the program. Adopted Resolution No. 718-00 entering into a contract with Dick's Excavating Company for $182,435.60 for Project No. M070 (J-9700) "Extension of Sanitary Sewer to Serve Undeveloped Property Along 2"d Street S.W.". Adopted Resolution No. 719-00 authorizing the City Clerk to advertise for bids for Project No. M025 (J-9655) "High Level Water Main to serve from Orchard Ridge to Highway 52". Adopted Resolution Nos. 720-00, 721-00 and 722-00 approving the feasibility report, ordering a hearing for November 20, 2000, to consider the project, ordering preparation of the assessment roll and ordering an assessment public hearing for November 20, 2000, for Project No. 6220-4-00 (J-9610) "Concrete Curb & Gutter and Overlay in 20th Street N.W. from 13th Avenue N.W. to Telemark Lane N.W.". J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 5987 Agenda Item D-43 D-44 D-45 D-46 D-47 D-2 D-11 Adopted Resolution No. 723-00 amending the 1999 City/Rochester City Lines contract to include reimbursement for "The Safety and Environmental Assessment" dated July 1999, as prepared by High Plains Consortium the cost of which will be reimbursed based on the percent of transit miles as a percent of all miles operated by the company. Adopted Resolution No. 724-00 approving a City/Owner Contract with Volunteers of America Care Facilities and Road Constructors, Inc. for Project No. J-9638 — Phase II) "Sanitary Sewer and Watermain to Serve the Homestead (excluding Building D on Lot 3)". Adopted Resolution No. 725-00 approving a City/Owner Contract with Badger Ridge LLC and Hartman Farms, Inc. for Project No. J-9742 "Basic Construction of 26th Street N.W. from CSAH 22 Westerly 500 Feet, Serving Badger Ridge and Circle 19 Plaza". Adopted Resolution No. 726-00 approving a City/Owner Contract with Badger Development LLC and Road Constructors, Inc. for Project No. J-9739 "Basic Construction in Badger Ridge Subdivision". Adopted Resolution No. 727-00 approving a City/Owner Contract with Michael Younge Development, Inc. and Road Constructors, Inc. for Project No. J-9681 "Basic Construction to Serve Orchard Hills North Subdivision". Ayes (7), Nays (0). Motion carried. Councilmember Senjem wanted special attention drawn to the fact that the City and the Citizens Committee are asking for an extension on the comment period for the Surface Transportation Board Draft Environmental Impact Statement process and the Corps 404 permit process. He urged the public to make their comments known to the Board. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 728- 00 requesting a comment period of 180 days for the Surface Transportation Board Draft Environmental Impact Statement process and the Corps 404 permit process. Ayes (7), Nays (0). Motion carried. Councilmember Hansen asked that copies of the change orders be included with the Request for Council Action to allow them to note what the changes are for. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 729-00 authorizing execution of Change Order #5 for a credit of $744.00 with Alvin E. Benike, Inc. for Project No. J-6942 "Terminal Building Improvements at the Rochester International Airport". Ayes (7), Nays (0). Motion carried. Councilmember Evans expressed his dissatisfaction with the Currency Exchange License and the inability of the City to deny a license of this type. He stated that perhaps the Legislature should look more closely at the reason and/or need of these licenses. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5988 Regular Adjourned Meeting No. 23 — October 16, 2000 Agenda Item D-15 D-16 D-17 D-30 D-35 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 730-00 taking no action on the renewal of the Currency Exchange License for Pawn America Minnesota LLC for 2001. Ayes (7), Nays (0). Motion carried. Councilmember Evans thanked Diane McGowan, who was a member of the audience, for her years of service on the Planning and Zoning Commission. Councilmembers Evans moved, Hanson seconded, to approve the appointment of Paul Ohly and John E. Hodgson to the Planning and Zoning Commission to fill the positions of Diane McGowan and Christine Schultz which expire on December 31, 2000. Ayes (7), Nays (0). Motion carried. Councilmember Senjem thanked Ronald Ress for his service on the Public Utility Board. Councilmembers Senjem moved, Stobaugh seconded, to approve the appointment of Paul Bourgeois to the Rochester Public Utility Board to fill the term of Ronald Ress. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the possibility existed of turning the construction road into something permanent as a road around the lake. He was told that it would become park property in the future. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 731-00 approving a temporary revocable permit with Mathy Construction for a construction road across City Land. Ayes (7), Nays (0). Motion carried. Councilmember Evans asked what happens if someone doesn't sign for driveway improvements. Richard Freese stated that there will still be time for someone to sign up for the extra work to be accomplished but if they don't sign up, their driveways are not improved. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 732-00 authorizing execution of the Assessment Agreements for Project No. 9823 (J-9526) "Concrete Curb & Gutter and Bituminous Paving on 19th Street N.E. from Northern Heights Drive N.E. to End of Cul-De-Sac" and amend the previously adopted assessment roll resolution dated April 19, 1999. Ayes (7), Nays (0). Motion carried. President Hunziker removed himself from the chair due to a conflict of interest. President Pro -Tern McConnell asked for a motion on the item. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 733- 00 authorizing execution of a City/Owner Contract between Olmsted County Historical Society and Swenke Construction for Project No. J-9687 "Watermain Extension to Serve the Olmsted County Historical Society". Ayes (6), Nays (0). Motion carried. President Hunziker did not participate. President Hunziker resumed the chair. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 5989 Agenda Item E-1 E-2 E-3 E-4 A Hearing on Final Plat #00-44 by A.B. Systems, Inc. to be known as Wood Lake Park Third Subdivision located east of TH63 and south of TH52. A letter was received from Yaggy-Colby Associates withdrawing the application. A Hearing on Establishing A Tax Rate Increase Payable in 2001. Having no one wishing to be heard President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 734- 00 authorizing a tax rate increase for the 2000 tax levy, collectible in 2001. Discussion. Councilmember McConnell felt that the City should be limited to its 2000 levy amount. He stated that the law is very confusing. He said that a levy increase is not appropriate at this time. He made reference to a memo from Steve Kvenvold stating the outside agencies are draining the City of the contingency fund; only 8.4 percent is related to direct operations of City government. Councilmember McConnell said that he doubted he would ever vote for a contingency fund resolution again. He said that in the next couple of years the City may be asking the taxpayers in the City to come up with scores of millions of dollars in the ongoing DM&E battle. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing to Consider the Making of Local Improvement Project No. M088 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 735-00 approving the making of Project No. M-088 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area" with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Implementation of Residential Parking on 6th Avenue N.W. and 7th Avenue N.W. Wishing to be heard was Sylvia Quirk, 847 First Street N.W. Ms. Quirk noted that as a neighborhood she feels that they should support the residential parking area. She did ask why doesn't Lourdes charge their students for parking in the existing Ic that is currently leased to Mayo like the other high schools do for their parking lots. Ms. Quirk said that there is no denial that Lourdes needs parking but it causes pressure on the rest of the neighborhood. She asked about the temporary parking area that was developed as a result of the closing of First Avenue; is it to become residential parking or only for Lourdes. Ms. Quirk stated that she felt that Lourdes needs to look to the future and possible future growth and what they plan to do. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5990 " Regular Adjourned Meeting No. 23—October 16, 2000 Agenda Item E-5 President Hunziker noted that streets where permit parking exists have no cars on them which leaves him to believe that there may not be the driving need for people to park in front of their homes as they have been told. He believed that the permit program might need to be studied. Wishing to be heard was Deanna Mamasis, 119 Seventh Avenue N.W. She said that she is in full support of Lourdes having permit parking in the area. At the present time, all of the parking spaces are taken by either Mayo employees or construction workers. Wishing to be heard was Zane Zondrow, 409 19th Avenue S.W. He said that even though some of the streets appear to be empty during the day, when the shifts change or people get off work at 3:00, 4:00 or 5:00 P.M., there is nowhere to park except driveways. Wishing to be heard was Laurie Schacht, 107 Seventh Avenue N.W. Ms. Schacht felt that everyone should be able to park on a street without having to pay to park there. She stated that Lourdes does have a parking lot that they are making mone on by renting to Mayo, but she now has to pay to park in front of her house. Wishing to be heard Tess Mamasis, 119 Seventh Avenue N.W., living adjacent to the vacant lot. Ms. Mamasis recalled a meeting sponsored by Mayo where they stated, because of patient safety, they were eager to retain churches and schools it the neighborhood. She supported Lourdes staying in the neighborhood; whenever student problems arose, the principal (Dennis Nigon) addressed those problems in a timely fashion. Wishing to be heard was Dennis Nigon, 1669 Ninth Avenue S.E., Principal at Lourdes High School. He explained that the block north of Lourdes High School, the parking lot, is owned by the Lourdes Foundation, a separate entity. The Foundation purchased the property with the understanding that Lourdes High School, at sometime in the future, build an addition onto the high school. The property purchased where the parking lot is now were houses in extremely poor condition that needing removing. The Foundation decided to get some rent on their investment and rented spaces to Mayo. Mr.Nigon also noted that First Street was closed, because of the possibility of future expansion, but also as an aid to the neighborhood in an effort to slow traffic down. They will be using the parking lot for about 30-35 cars for staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 736- 00 approving Residential Permit Parking Zone #8 (Kutzky Neighborhood) between the hours of 7:00 A.M. to 5:00 P.M., school days only, on 61h Avenue N.W. 100 Block on the West Side of the street, and 7th Avenue N.W. in the 10 Block and 100 Block on the east side of the street. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Implementation of Residential Parking on 13th Avenue N.W. U RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 5991 1 Agenda Item E-6 E-7 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 737- 00 approving amending Section L of the Comprehensive Traffic and Parking Resolution Book, adding Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) to read: (6) 13th Avenue N.W. on the east side, from First Street N.W. to Center Street, from 8:00 A.M. to 4:00 P.M., Monday through Friday. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-42 by Bishop Properties to be known as Southridge Subdivision located within the loop of Ponderosa Drive S.W., along the east side of 18th Avenue S.W. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted their agreement with the all of the conditions with the exception of condition #4; two outlots. Outlot A has a private loop drive to give access to four lots in the back. Outlot B will be sold to one of two private parties. He asked that the condition read "Outlots that will not be dedicated or owned by someone in the development, will be subject to an Association Maintenance Agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Brent Svenby, Planning Department, recommended condition #4, first sentence, be revised to read: "All Outlots that will either not be dedicated or owned by adjacent residents shall be covered by an Association Maintenance Agreement......" Councilmembers McConnell moved, Evans seconded, to approve Preliminary Plat #00-42 by Bishop Properties to be known as Southridge Subdivision with five conditions including the revised wording for condition #4. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Special District Amendment Project Development Plan to allow the construction of a Carpet One Store in the Special District-1 (Arboretum) zoning district located along the west side of the TH52 West frontage road, south of 55th Street N.W. and north of the Eastwood Bank Building. Wishing to be heard was Glen Mitz, 718 20th Avenue S.W., the architect with A.B. Systems, representing the owner. He noted agreement with the conditions as recommended by staff. Mr. Mitz stated that they would like to be able to get the s grading and footing foundation completed prior to winter, before they go through t final plan. Richard Freese indicated that there is a process to allow for an interim grading permit prior to the approval of the final plan. At the present time, there is no RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5992, Regular Adjourned Meeting No. 23 — October 16, 2000 Agenda Item E-8 E-9 process for allowing footings to be completed prior to the approval of the final plan. Staff indicated that they were reluctant to allow a precedent to be set for this matter Steve Kvenvold indicated that staff will work with the developer on what may be needed prior to the winter season. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to approve Type III, Phase II Special District Amendment Project Development Plan with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #00-13 by Badger Development to be known as Badger Ridge Subdivision located west of West Circle Drive and south of Valley High Road Wishing to be heard was Jamie Shandley, 160 Interlachen Lane N.W. , representing the developer, Badger Development LLC. She noted agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 738-00 approving Final Plat #00-13 by Badger Development to be known as Badger Ridge Subdivision and Resolution No. 739-00 approving the proposed Substantial Land Alteration Activity. Ayes (7), Nays (6). Motion carried. A Hearing on Vacation Petition #00-12 initiated by the City of Rochester to vacate the unconstructed alley located between 19th and 20th Avenues S.W. and 3`d and Streets S.W. Wishing to be heard was Zane Zondrow, 409 19th Avenue S.W. Mr. Zondrow said that he was under the impression that the alley had been vacated and found out when notified of the hearing that it never had been. He asked if the alley is divided with the property owners; he was told the alley would be divided down the middle with the one-half his and the other half belonging to his neighbor. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 740- 00 approving Vacation Petition #00-12 initiated by the City of Rochester with one condition. Ayes (7), Nays (0). Motion carried. E-10 A Hearing on Vacation Petition #00-13 initiated by the City of Rochester to vacate 3rd Avenue N.W. located south of Civic Center Drive, north of 3rd Street N.W., west of 2"d Avenue N.W. and east of 4th Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — October 16, 2000 .5993 Agenda Item G-2a G-3a G-3b Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 741- 00 approving Vacation Petition #00-13 initiated by the City of Rochester with one condition. Ayes (7), Nays (0). Motion carried. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. An Ordinance Creating and enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a first reading. An Ordinance Rezoning Certain Property From the R-1 District to the B-4 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 Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (west of Highway 52, south of 65th Street N.W. and Westgard's First Subdivision) An Ordinance Creating and Enacting Chapter 138A of the Rochester Code of Ordinances, Relating to Residential Permit Parking Zones in the City of Rochester and Repealing Chapter 138 of the Rochester Code of Ordinances, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Marcoux moved, Senjem seconded, to recess the meeting to 4:15 P.M. on Monday, October 23, 2000, in Room 104. Ayes (7), Nays (0). Motion carried. ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5994 Recessed Meeting No. 24 — October 23, 2000 Agenda Item A-1 B-1 F-1 F-2 Wishing to be heard was Troy Healey, Waste Management of Rochester. Mr. Healey wanted to bring to the Council's attention that they have applied for a Conditional Use Permit to allow a holding/transfer facility to be constructed for recycling and landfill wastes. He noted that as of 2001, Olmsted County will no longer be allowing the public drop facility. Mr. Healey said that the Public Works Department is concerned about the street facility that they will be using and will be recommending to the Planning Commission to table or deny the permit. Council indicated no knowledge of the expansion project and indicated that they would consider what the Planning Commission recommends. President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None Dale Martinson, Director of Finance, explained to the Council that negotiations for the approval of contracts for the Enterprise Software and Implementation Services and associated Computer Hardware was not complete. He asked that the Council consider the matter on October 30, 2000. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 742-00 amending the Project Title for J-9610 to read: "Project No. 6220-4-00 (J9610) "Concrete Curb & Gutter and Overlay in 20th Street N.W. from 13th Ave N.W. to Valkyrie Drive". Ayes (7), Nays (0). Motion carried. (The original title c showed the project as far as Telemark Lane N.W.) Having no further business, Councilmembers Stobaugh moved, Hanson seconded, to recess the meeting to 4:15 P.M., Monday, October 30, 2000. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. He asked that further discussior be held on the concern by Troy Healey of Waste Management. i City Clerk I� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 25 - October 30, 2000 5995 Agenda Item L-B F-1 President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, Walter Stobaugh. Absent: David Senjem. Finance Director Dale Martinson explained the contracts for Enterprise Software and Implementation Services and associated computer hardware for city's financial system . Councilmember McConnell questioned the Sales Tax revenue being used to fund the system. City Administrator Kvenvold explained this was monies extended from the last sales tax which still has a reserve. Councilmembers Hanson moved, Stobaugh seconded to approve Resolution No. 743-00 Executing the Contracts for Enterprise Software and implementation services and associated Computer Hardware. Ayes (6). Nays (0). Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays,' (0). Motion carried. IJCc/G2 '�-p c DeputyCity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 9 9 6 ' Regular Meeting No. 26 — November 6, 2000 Agenda Item A-1 B-1 C-1 C-2 C-3 D-1 D-1 D-2 D-3 Wishing to be heard was David Plym, 623 Second Street N.W. Mr. Plym was concerned about parking tickets that he had gotten at his home. He explained that while trying to move in, his car, and that of his parents, were ticketed because they did not contain the required residential parking permits. He was also concerned because he is unable to have friends over; they can't park on the street in front of his residence. Mr. Plym noted that he is a student and not able to pay fines for tickets that he feels are not appropriate. Steve Kvenvold, City Administrator offered to meet with Mr. Plym. Wishing to be heard was Councilmember Evans asking that a deadline be set for Royal Management to come forth within thirty days with a plan for the development of the downtown library block. Steve Kvenvold, City Administrator, noted that he has made Royal Management aware of the Council's concerns and restrictions that may be placed on them. He felt that something should be forthcoming within the next couple of weeks. 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, Walter Stobaugh. Absent: David Senjem. President Hunziker acknowledged Boy Scout Troop 27 from St. John's Parish in attendance. Wishing to be heard was Bill Oswald, representing the Northwest Neighborhood Association, talking about the newly installed traffic signal at the intersection of 55tn Street N.W. and West Circle Drive. Mr. Oswald wanted to thank the Council and those responsible for the installation of the traffic light. He noted that it has had a positive effect on the neighborhood. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution 744-00 referring the petition for Sewer and Water Services in the Sunnydale Addition to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution 745-00 referring the petition for Sidewalk or Bikepath in Northern Valley Drive to Broadway to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. Minutes of the October 16, 23 and 30, 2000, Council meetings were approved. Adopted Resolution No. 746-00 approving participation with the U.S. Geological Survey in the River Report Gauge — South Fork Zumbro River at 37tn Street N.W Adopted the following Public Utility resolutions: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 5997 1 Agenda Item D-4 D-5 D-6 D-7 D-8 D-10 D-11 D-12 D-13 D-14 Resolution No. 747-00 entering into a purchase agreement with Delta Star, Inc. for two outdoor power transformers not to exceed $897,626.00. Resolution No. 748-00 entering into a purchase agreement with Waukesha Electric Systems for one generator set-up transformer at a cost of $600,000.00. Resolution No. 749-00 entering into a purchase agreement with RESCO/PAUWELS Transformers for three-phase pad -mounted transformers at a cost of $303,794.00. Resolution No. 750-00 entering into a purchase agreement with RESCO/ERMCO for single-phase pad -mounted transformers at a cost of $175,306.00. See at the end of the D Items. Approved the Application for an On -Sale Wine License for Sky Dragon Buffet, Incorporated, at 34 17th Avenue N.W. Approved Accounts Payable in the amount of $6,580,250.44. Received and approved the quarterly investment report. Adopted Resolution Nos. 751-00 and 752-00 authorizing the City Clerk to advertise for Anhydrous Ferric Chloride and Liquid Aluminum Sulfate to be opened on November 17, 2000. Adopted Resolution No. 753-00 approving a five-year agreement between the Mayo Foundation and the City of Rochester Fire Department for use of Mayo structures in fire fighting training. The relationship of Councilmember Stobaugh with the Mayo Foundation was noted. Approved the appointment of Jason M. Whitney to the position of Motor Operator in the Rochester Fire Department effective November 6, 2000. Approved the appointment of Michael Smith and Ed Hruska to serve on the Rochester Convention and Visitors Bureau Board of Director for the period ending December 31, 2002. Adopted Resolution No. 754-00 accepting the $100,000 grant from the Minnesota Amateur Sport Commission for the development of the Fuad Mansour Sport Complex and authorizing the Mayor and City Clerk to sign the agreements. Adopted Resolution No. 755-00 approving the Wetland Delineation and Replacement Plan for Manor Wood Lakes 61h Subdivision. Accepted the donation of $200 from Andre and Ann LaPeyre for Crime Prevention Unit printing expenses. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5998, Regular Meeting No. 26 - November 6, 2000 Agenda Item D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Adopted Resolution No. 756-00 accepting $37,093 in Juvenile Accountability Incentive Block Grant funds and entering into a multi -jurisdictional agreement with Olmsted County providing the City of Rochester's match of $4,121 and providing administrative and financial reporting. Adopted Resolution No. 757-00 authorizing the Mayor and City Clerk to execute the Development Agreement for the Hexum Property at 1808 Third Avenue S.E. relating to the impacts of the project on the surrounding infrastructure. Adopted Resolution No. 758-00 authorizing the Mayor and City Clerk to execute the Settlement Agreement with Mr. and Mrs. Vrieze in the amount of $8,500.00 for right-of-way on property abutting the 111h Avenue S.W. project. Adopted Resolution No. 759-00 authorizing the Mayor and City Clerk to execute a City/Owner Contract for Project No. J-9735 "Sanitary Sewer and Watermain to Serve the Gardens — Phase II (Lot 1, Block 1, The Gardens Second) between the City, South Broadway Partners, LLC and Elcor Construction. Adopted Resolution No. 760-00 accepting voluntary participation by Pharmaceutical Specialties, Inc., American Red Cross Southeast Minnesota Chapter and Mayo Employees Credit Union in the City's Regional Stormwater Management Plan. Adopted Resolution No. 761-00 approving the execution of a Contribution Agreement and Pedestrian Facilities Agreement with David and Deanna Niebuhr for part of Lot 19, Allendale Subdivision, for future alignment of the 29th Place N.W. right-of-way. Adopted Resolution No. 762-0 directing the Director of Public Works to request a Design Variance for Fox Valley Drive S.W. from MnDot for Project No. J-9651 and adopt a resolution holding the State harmless for claims resulting from granting the variance. Adopted Resolution No. 763-00 authorizing the Mayor and City Clerk to sign the Highway Maintenance Agreement for the period of July 1, 2000, to June 30, 2001, with the County of Olmsted for the maintenance of 11.31 miles of county highways within the City of Rochester. Adopted Resolution Nos. 764-00, 765-00, and 766-00 for Project No. 6304-4-00 (J- 9734) "Curb, Gutter & Overlay on 4th Avenue N.W. from Zumbro Drive to 31st Street N.W. accepting the feasibility report and setting a project hearing for December 11, 2000, and ordering the assessment roll and setting an assessment hearing for December 11, 2000. Adopted Resolution Nos. 767-00, 768-00, and 769-00 for Project No. 6201-2-00 (J- 9724) "Curb, Gutter & Overlay on First Street S.E. from 13th Avenue S.E. to 15th Avenue S.E." accepting the feasibility report and setting a project hearing for December 11, 2000, and ordering the assessment roll and setting an assessment hearing for December 11, 2000. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 5999 Agenda Item D-25 X _. D-27 D-29 1 Adopted Resolution Nos. 770-00, 771-00, and 772-00 for Project No. 6319-4-00 (J- 9723) "Curb, Gutter & Overlay on 19th Avenue N.W. from 191h Street N.W. to Valley High Drive" accepting the feasibility report and setting a project hearing for December 11, 2000, and ordering the assessment roll and setting an assessment hearing for December 11, 2000. Adopted Resolution No. 773-00 for Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain Extension to Serve the Elmcroft Subdivision Area" accepting the feasibility report and setting a project hearing for December 11, 2000. Adopted.Resolution No. 774-00 for Project No. M1-04 (J-9748) "Sanitary Sewer and Watermain Extension to serve the Forest Hills Subdivision Area" accepting the feasibility report and setting a project hearing for December 11, 2000. Adopted Resolution No. 775-00 for Project No. M1-03 (J-9747) "Sub-Trunkline Sanitary Sewer to Serve the Forest Hills Subdivision Area" accepting the feasibility report. Adopted Resolution No. 776-00 amending the Comprehensive Traffic and Parking Resolution Book, Section I "Metered Parking", to read: I. Amend paragraph 1A to Section I, "Metered Parking (Zone E — minute)" so as to read as follows: (1A) West Center Street, on both sides, from 2"d Avenue to 3rd Avenue. II. Delete paragraphs 5, 13, 19 and 21 from Section I, "Metered Pa (Zone E — 90 minute)." III. Amend Section I, "Metered Parking (Zone G — 3 Hour meters)" to as follows: 1. First Avenue NW, on both sides, from 2"d Street to Civic Center Drivf N.W. 2. Second Avenue SW, on the west side, from 4" Street SW to 2"d Stree NW. 3. Second Avenue NW, on both sides, from 2"d Street NW to 3rd Stree NW. 4. Third Avenue SW/NW, on both sides, from 4th St. SW to 2"d Street NW 5. Fourth Avenue SW/NW, on both sides, from 4th Street SW to 2"d Stree NW. 6. West Center Street, on both sides, from 3rd Avenue to 5th Avenue. 7. First Street SW, on both sides, from 4th Avenue to 6th Avenue. 8. Second Street SW, on both sides, from 2"d Avenue SW to 3rd Avenuf SW. 9. Second Street NW from Broadway to 4th Avenue NW. 10. Third Street SW, on both sides, from 40' Avenue SW to 50' Avenue SW RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 O O O - Regular Meeting No. 26 — November 6, 2000 Agenda Item D-30 D-31 D-32 D-33 D-34 D-35 11. Third Street NW, on the south side, from 1st Avenue to 2nd Avenue NW. IV. Amend Section I, "Metered Parking (Zone J —10 hour)" to read as follows: 1. South Broadway, on both sides, from 5th Street to 6th Street. 2. First Avenue Northeast, on both sides, from 1st Avenue to 2"d Avenue. 3. First Avenue SW, on both sides from 4th Street to Soldiers Field Memorial Park. 4. Second Avenue Southwest, on both sides, from 4th Street to 51h Street. 5. Third Avenue Southwest, on both sides, from 4th Street to 6th Street. 6. Fourth Avenue Southwest, on both sides, from 4th Street to 6th Street. 7. Sixth Avenue SW, on the east side of the street, from Center Street to 1 st Street. 8. First Street Northeast, on both sides, from 1st Avenue to the Zumbro River. 9. Second Street Northeast, on both sides, from Broadway to 1st Avenue. 10. Fifth Street Southwest, on both sides, from 1st Avenue to 4th Avenue. 11. Sixth Street Southwest, on both sides, from 1 st Avenue to 2"d Avenue. The relationship of Councilmember Stobaugh with the Mayo Foundation was noted. Adopted Resolution No. 777-00 approving Change Order #2 for Project No. 8215- 31-00 (J-2594) "2000 Restoration of the Second Street Ramp". Adopted Resolution No. 778-00 amending Paragraph 8.0 of Section C "Special Parking Zones" (Zone A — General) to read: 8_0 Third Street S.W., on the south side, from 2"d Avenue west a distance of 20 feet plus or minus. (1 stall for the Olmsted County Coroner) Adopted Resolution No. 779-00 authorizing execution of a Memorandum of Understanding with the Mayo Foundation for its sponsorship of increased bus service on Routes 4, 12 and 18. The relationship of Councilmember Stobaugh with the Mayo Foundation was noted. Adopted Resolution No. 780-00 authorizing execution of an agreement.with Bethel Lutheran Church to establish a park and ride during 2001 in the 800 Block of 3rd Avenue S.E. Adopted Resolution No. 781-00 authorizing the City Clerk to advertise for bids for the Operation of "Zips Dial -A -Ride" to be opened on November 28, 2000. Adopted Resolution No. 782-00 awarding the contract for the Sewage Piping Replacement at the Water Reclamation Plant to Holm Brothers Plumbing & Heating of Atwater, Minnesota, in the amount of $192,500.00. 1 RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 6001 Agenda Item HER D-4 Adopted Resolution No. 783-00 awarding the Amateur Boxing Franchise to the Rochester Fourth Street Boxing Gym for the period of December 1, 2000, to November 30, 2001 with the condition that the Rochester Youth Boxing Club, Inc. also be allowed to use the franchise. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to approved the following licenses and miscellaneous activities: Gambling — Temporary Rochester Area Disabled Athletics & Recreation, Inc. — Raffle at Mayo Civic Center — January 19-February 1, 2001 Rochester Area Disabled Athletics & Recreation, Inc. — Raffle at R.A.D.A.R. location — February 24-May 18, 2001. Pheasants Forever — Tri County Chapter — Raffle at Radisson Plaza Hotel — March 16, 2001. Gambling — Premise Permit Relocation AFL-CIO Labor Club - Rookies Sports Grill & Bar Dover Fire Relief Association - Rookies Sports Grill & Bar Fireworks Lori Line Concert — Mayo Civic Center — November 25, 2000. Heating, Air Conditioning and Ventilation Cronstroms Heating & Air Conditioning, Inc. — St. Louis Park Fisher-Bjork Sheetmetal Company, Inc. — St. Paul Master Installer Delton Standberg, Eden Prairie Willard Krinkie, Roseville Michael Olsen, Red Wing Miscellaneous City Activities Downtown Business Association — Carriage Rides & Santa's Rescue — November 24, 2000-11-06 Citizens Against the Rochester Bypass — Rural Awareness Parade — November 11, 2000-11-06 Minnesota Bible College — Live Nativity Display — December 1-3, 2000 Sound Amplification Permit Citizens to Stop the Coal Train Rally — Peace Plaza — November 13, 2000. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember Marcoux abstained on approval for the "Stop the Train" rally at the Peace Plaza on November 13, 2000. 6002 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 Agenda Item E-1 E-2 E-3 A Hearing on Vacation Petition #00-14 to vacate utility and drainage easements located south of 37th Street N.W. and east of 11th Avenue N.W. The Planning Department asked that this item be continued to the November 20, 2000 meeting. No one wished to be heard at this time. Councilmembers Hanson moved, Stobaugh seconded, to continue Vacation Petition #00-14 to the November 20, 2000 meeting. Ayes (6), Nays (0). Motion carried. A Hearing to Obtain Public Comment Concerning the Use of Law Enforcement Block Grant Funds. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 784- 00 approving the Use of Law Enforcement Block Grant Funds. Ayes (6), Nays (0). Motion carried. A Hearing to Obtain Public Comment on the Proposed Charter Amendment Relating to the Redetermination of Ward Boundaries following a Federal Census. Wishing to be heard was Kathy Myerly. Ms. Myerly is a member of the Charter Commission and a member of the Subcommittee on Redistricting. She was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve the recommendation of the Charter Commission Relating to the Redetermination of Ward Boundaries following a Federal Census. Ayes (6), Nays (0). Motion carried. E-4 IA Hearing on Final Plat #00-46 by Badger Development LLC to Replat Property Described at Lots 2 and 3 Block 1 Circle Drive Business Center. Wishing to be heard was Jamey Shandley, 160 Interlachen Lane N.W., representing the developer. She noted that condition #1 has been completed. Mr. Shandley said that the Planning staff reports talk about the need for a possible traffic impact report and, dependent upon the intensity of the development, might require the closing the access on 261h Street. She noted that there is one approved access on 26th Street and a Traffic Impact Report was prepared for the entire subdivision. Having no one further wishing to be heard, President Hunziker closed the hearing 1 RECORD OF OFFICIAL' PROCEEDINGS OF- THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 6003 1 u Agenda Item Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 785-00 approving Final Plat #00-46 by Badger Development LLC with one condition. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Final Plat #00-47 by Rick Hexum to be known as "1808 Properties" Located Along the East Side of Third Avenue S.E. at Approximately 18'h Street S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 786- 00 approving Final Plat #00-47 by Rick Hexum to be known as "1808 Properties" with two conditions. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on Zoning District Amendment #00-09 Establishing City Zoning Districts in Sections 5, 6, 7, 8, 16, 17, 18 and 21 Marion Township included in the Orderly Annexation Area. Wishing to be heard was Dale Meyer, 1623 Marvale Avenue S.E. Mr. Meyer wanted to know why storm sewer was not installed at the same time as the sanitary sewer and watermain. He was not in favor of the zoning. Wishing to be heard was Mickel Owens, 3315 42"d Avenue S.E. Mr. Owens said that he represented owners in the #5 annexation area. There is a petition in process to amend the orderly annexation agreement to exclude this area. The majority of the property owners are not in favor of annexation, extension of the sanitary sewer and watermain, nor the change in zoning to that area. Wishing to be heard was Gregory Wright, 2250 Cedar Park Court S.E. Mr. Wright noted that he was in favor with the annexation because he felt that it affords the property owners some protection. He asked who represented him during the period of limbo. Wishing to be heard was George Kingsley, 4310 291h Street S.E. When Mr. Kingsley bought the property in 1993, it was zoned Commercial. The zoning has now been changed to Interim with Commercial on the upper part of the property. Mr. Kingsley related that he has 17 acres containing his businesses, a used car dealership and a body shop, and his home. He has planned on expanding his body shop business and finds that the rezoning will restrict him from doing so. Although the property has no structures bordering on Marion Road, 291h Street is a collector street. Wishing to be heard was Ken Moen, Attorney with Dunlap and Seeger, representing George and Jim Engels. Mr. Moen noted that the actual annexation is seven to ten years in the future; why should there be such a rush to rezone these properties until the project is being built. Mr. Moen suggested deferring action on the rezoning of the Marion Township properties until that time. If the Council still wishes to rezone, properties such the Kingsley property, that holds a zoning certificate and building permit, should be zoned commercial and not placed in an Interim zoning area. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6004 Regular Meeting No. 26 — November 6, 2000 Agenda Item Wishing to be heard was George Engels, 4714 Vine Place S.E. Mr. Engels owns property on 30`h Avenue S.E. bought in 1993 and in 1994 they rezoned ten acres commercial. The property has been commercial since 1938; it is now to be rezoned to Interim. He asked that the ten acres zoned commercial be kept as commercial. They are currently renting out the buildings to small businesses. If I as light commercial, they could continue do so. Wishing to be heard was Kevin Guy, 2241 Marion Road S.E. Mr. Guy is owner of the BMX speedway. He and his family also live on the property which comprises about 14 acres. When they bought the property, it was stamped commercial. They went through the zoning process. It is now suggested that they become a special zoning district. He asked whether the Township or the City now represents him; he can't vote in the City election but they represent what he can or cannot do with his property. The City is now requesting an easement across the back portion of his property for the sewer. However, Mr. Guy sated, the contractor is already there. He is opposed to the special district as he doesn't want his property to be separated from anyone else. Mr. Guy is considering expanding his business by possibly putting in a skate park, which will be a benefit to all kids. If the problems are too great, however, he will consider moving to another town. He asked that the rezoning be tabled to be able to look at further information. Wishing to be heard was Jeff Thompson, Olmsted County Commissioner, 2271 Cedar Park Court S.E. Mr. Thompson noted that his business is located at 2258 Marion Road S.E. Mr. Thompson stated that from 1931 to 1971, Marion Road was Highway 52. The property along the road did not follow basic planning principals a: it contained multi -family and commercial as well as residential. Several parcels have been commercial for 25 to 37 years. He felt that property rights are being taken away with no vote on the process. Mr. Thompson said that he did not see a need for rezoning of the properties until sewer and water are hooked up. He asked that the item be tabled until the project is under construction in the area. Wishing to be heard was Jane Batterson, 2604 Melody Street S.E. Ms. Batterson noted that she owns a large lot and wants to subdivide. The lots will be served by City sewer and water, the present septic system destroyed. She supported the proposed zoning ordinance. Wishing to be heard was Charles Johnson, 1809 Marion Road S.E., owner of the Oak Grove Motel rental units. He said that his property is the density of R-3 City zoning. Now the property is zoned for townhomes. He said that he doesn't believe that his land has the depth necessary for townhomes. He asked that the proposed ordinance be tabled until further information is received. Wishing to be heard was Gerry Wruble, 3905 50`h Avenue S.E. He noted that the Marion Township representatives sent the City on September 13, 2000, a letter stating that, as a matter of record, they would like the City of Rochester to honor thi zoning already in place for the residents along Marion Road involved in the orderly annexation agreement. He said that this would be a good opportunity for the City ti show their cooperation. 1 J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 6005 1 Agenda Item E-7 E-8 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #00-09 Establishing City Zoning Districts in Sections 5, 6, 7, 8, 16, 17, 18 and 21 Marion Township included in the Orderly Annexation Area, waiving five properties for fees in the future (Johnson, Kinglsey, Engle, Thompson, Guy) and approving the water tower site. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. A Hearing on Restricted Development Conditional Use Permit #98-05, Reconsideration of the Temporary Bituminous Processing Plant, located south of 40th Street S.W. and Willow Creek and west of TH 52. Wishing to be heard was John Arnold, Attorney at Dunlap and Seeger, representing Franklin Kottschade. He noted agreement with the staff recommendation with one exception. He asked that the project be reviewed after one year's operation rather than coming back at reviewing again on November 5, 2001. Wishing to be heard was Jonathan Allan, 709 371h Street S.W. Mr. Allan lives west of the project on the top of the hill overlooking the project. He asked that the project be reviewed after 90 days of operation rather than one year's operation. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 787-00 approving the Council's review of the project on November 5, 2001. Ayes (6), Nays (0). Motion carried. A Hearing to Determine Whether the Property at 509 Ninth Avenue N.W. is Hazardous as Defined by Minnesota Statutes Chapter 463. Wishing to be heard was Ron Boose, Director of Building & Safety, Mr. Boose noted that the property appears to be abandoned. There have been numerous calls to the Police on the property. Wishing to be heard was Susan LeGare-Gulden, Building & Safety Inspector. Ms. LeGare-Gulden presented photographs of the property noting that the property has been broken into on several occasions. She said that her office was made aware of the problem by the Police Department and several businesses and owners in the area. She attempted to contact the owner on September 7, 2000, with no response; the City Attorney's Office sent a letter on September 19, 2000. Building & Safety made arrangements with a contractor to clean up and secure the property. There is structural separation of the porch from the house, the roof needs repair and the furnace has been red -tagged. She stated that it is evident that homeless persons have been using the facility as noted by the trash, broken bottles and other litter. Ms. LeGare-Gulden was confident that the property met the hazardous definition. She noted that the 1999 and 2000 property taxes have not been paid. Tax forfeiture will not be started by Olmsted County until 2002. / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6006 Regular Meeting No. 26 — November 6, 2000 Agenda Item G-2a G-2b G-3a Wishing to be heard was Mike Vic, Police Officer for the City of Rochester. Officer Vic noted the proximity of the property to Labor -Ready. The Police Department feels that the property has been housing homeless, transients and illegal aliens; it provides a good flophouse for them. Wishing to be heard was Lyle Felsch, Deputy Fire Chief. Mr. Felsch said that structures on properties such as the one at 509 Ninth Avenue N.W. are susceptible to fire; matches are used by persons living in them. He said that a house such is this is structurally unsound and present unknown dangers when firefighters must enter them looking for people. Wishing to be heard was Sylvia Quirk, 847 First Street N.W., representing Kutzky Neighborhood Association. She said that there is not control of what is happening to an unregulated property such as this. Ms. Quirk noted that possible danger to residents living nearby saying that she has been harassed by transients several times on the bike paths in the area. Wishing to be heard was Jack Prow, 2034 19 Street N.W. In 1996 he dealt with the property owners, the Klees. Mrs. Ronald Klee, the present property owner, had a hard time grasping the situation that existed at 509 Ninth Avenue N.W. He said that the probate is still not completed on the property. He maintained the property, paying the property taxes in 1997 and 1998, until this fall. Mr. Prow noted that the property has not been occupied since 1997. He has inquired to purchase the property; if he does, it will be demolished. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve the Abatement Order for the property at 509 Ninth Avenue N.W. based on the presented photographs and testimony and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivisions 2, 3, and 6 of Section 1.02, and Section 3.08 of the Home Rule Charter of the City of Rochester Relating to the Redetermination of Boundaries and Residency Requirements for Elected and Appointed Officials, was given a first reading. An Ordinance Rezoning Certain property in Sections 5, 6, 7, 8, 16, 17, 18 and 21, Marion Township, from County Zoning Districts to the Respective City Designations, and Amending Ordinance No. 2785, Known as the Zoning Ordinan( and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. An Ordinance Amending and Reenacting Sections 38.11, Subdivisions 1, 7, and 8 of Section 38.152, and Subdivisions 2 and 4 of Section 38.153 of the Rochester Code of Ordinances, Relating to the Suspension or Revocation of a Rental Registration Certificate, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 — November 6, 2000 6007 Agenda Item G-3b An Ordinance Amending and Reenacting Section 35.21 of the Rochester Code of Ordinances, Relating to the Definition and Regulation of Open Areas Within the Housing Code, was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. G-3c An Ordinance Rezoning Certain Property From the R-1 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. (north of Pinewood Road S.E., west of 22"d Avenue S.E., east of the bikeway trail) G-3d An Ordinance Rezoning Certain property From the R-1 District to the B-5 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, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (east side of 11th Avenue S.E., north of the future alignment of 201h Street S.E., west of Bear Creek) G-3e An Ordinance Annexing to the City of Rochester a Portion of the South Half of the Southwest Quarter of Section 10, the East Half of the Southwest Quarter of Section 11, the Northwest Quarter of the Northwest Quarter, and the South Half of Section 14, Section 15, the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16, the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of section 23, All in Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Discussion. Councilmembers Hanson and Marcoux expressed their thanks to Gene Peters of the Rochester Township for his assistance in trying to come to an agreement. Councilmember Marcoux noted that she had asked Councilmembers if they would agree to seven years as proposed by Gene Peters; they were not in favor of the proposed timetable. The Township was not in agreement with six years. Councilmember McConnell expressed his concern with the hard feelings between the City and the townships because of annexation concerns. He felt that the City should have given a period of time for adjustment to the citizens of this area. Ayes (4), Nays (2). Motion carried. Councilmembers Marcoux and McConnell voted nay. (Sections 10, 11, 14, 15, 16 and 23 of Rochester Township) Having no further business, Councilmember moved, seconded, to recess the meeting to 4:00 P.M. on Thursday, November 9, 2000, to canvass the Federal General Election. Ayes (6), Nays (0). Motion/carried. i y Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6008 Recessed Meeting No. 27 --November 9, 2000 Agenda Item 95 President Pro-Tem Jean McConnell called the meeting to order with the following members present: Councilmembers Mack Evans, Walter Stobaugh. Absent: President John Hunziker, Councilmembers Dennis Hanson, Marcia Marcoux, Davic Senjem. Only three councilmembers were present. Councilmembers Evans moved, Stobaugh seconded, to recess the meeting to November 13, 2000, at 4:15 P.M. due to lack of a quorum. Ayes (3), Nays (0). Motion carried. City Clerk lir RECORD :OF OFFICIAL PROCEEDINGS ' OF THE COMMON COUNCIL CITY OF`ROCHESTER, MINNESOTA Recessed Meeting No. 28 — November 13, 2000 6009 Agenda Item As E-1 1 President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Jean McConnell, David Senjem. Absent: Councilmembers Marcia Marcoux, Walter Stobaugh. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 788-00 declaring the elected winners of the November 7, 2000, City General Election as: Councilmember-At-Large — John Hunziker; Councilmember of the Second Ward — Marcia Marcoux; Councilmember of the Fourth Ward — Walter Stobaugh; Councilmember of the Sixth Ward — David Senjem. Ayes (3), Nays (0), Abstain (1). Councilmember Senjem abstained. Having no further business, Councilmembers Hanson moved, McConnell seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. Clerk 6010 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 — November 20, 2000 Agenda Item M B-1 C-1 D-1-1 D-1 D-2 D-3 D-4 Wishing to be heard was Chris O'Byrne, 33 Seventh Street N.E. Mr. O'Byrne is a faculty member of the Studio Academy Charter School. They have some concerns about the Silver Lake Power Plant. The concerns have increased after the newspaper article detailing the amount of pollution that is being put out. There are 100 students currently enrolled in the school next to the power plant; he wanted to make the Council aware of that fact. Wishing to be heard was Lisa Orke, 9000 60th Street S.W. She noted that she li, in a rural area and spends a lot of time in the outside air. She is very concerned and sensitive to the urban air quality surrounding the Studio Academy Charter School. She stated that the City Council has the ability to stop using the Silver Lake Power Plant. She said that the technology can be changed and workers retrained. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 789-1 referring the petition for Curb and Gutter and Overlay of 21st Street N.E. from 10th Avenue N.E. to Street End to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the Council meetings for November 6, 9, and 13, 2000. Approved the appropriation of $24,143 from the Future Construction Account to the Olmsted County Historical Society for connection to City sewer and water, upgrade of the phone system, and equipment to establish internet connections. Adopted Resolution No. 790-00 approving execution of Change Order No. 6 for $16,312.00 for Project No. J-6942 "Terminal Building Improvements at the Rochester International Airport". Approved the following licenses and miscellaneous activities: On -Sale 3.2 Beer Sky Ventures, LLC DBA Pizza Hut, 2001 West Frontage Road and 28 9th Street S.E. from Pizza Huts of the Northwest, Inc. Gambling — Temporary Chorale Arts Ensemble of Rochester — Raffle at Marriott Hotel — February 2001 D-5 I Approved Accounts Payable in the amount of $1,569,645.02. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Adjc�a��i�dCe��l�s�e.Nbi�l(�; 2000 601 [1 Agenda Item D-7 D-10 D-11 D-12 D-13 D-14 Adopted Resolution No. 791-00 approving Annexation Petition #00-15 by B & N LLC approving an amendment to the Cascade Township Orderly Annexation Agreement indicating that the five acres located along the south Side of 19th Street, west of 32"d Avenue N.W. should be annexed without hearings by the Minnesota Planning Office. Adopted Resolution No. 791A-00 approving Annexation Petition #00-13 by Badger Development LLC approving an amendment to the Cascade Township Orderly Annexation Agreement indicating that the .36 acres located north of 28th Street, along the west side of West Circle Drive should be annexed with hearings by the Minnesota Planning Office. Adopted Resolution No. 792-00 authorizing execution of the Settlement Agreemen with Village on the Green Townhome Association I & II in the amount of $3600.00. The property is needed for the right-of-way of 48th Street S.W. Adopted Resolution No. 793-00 approving a City/Owner Contract for Project No. J- 9620 "Basic Construction to Serve Trailridge at 41" by IRET" with Investors Real Estate and Terra Pacific. Adopted Resolution No. 794-00 approving an amended City/Owner Contract for Project No. J-9736 "Watermain and Hydrants to Serve the Quarry Ridge Apartments (Lots 1 & 2, Block 1, Hindermann Fitzgerald Subdivision" with Rochester Leased Housing Associates V, LP and Rochester Sand and Gravel. Adopted Resolution No. 795-00 approving a City/Owner Contract with Circle Drive Corporate Park LP and Road Constructors, Inc. for Project No. J-9755 "Watermain and Hydrant to Serve Lots 2 & 3, Block 1, Circle Drive Corporate Park Second Subdivision". Adopted Resolution No. 796-00 authorizing the execution of a Pedestrian Facilities Agreement with Harold Miller and Shirley Miller for the Harold Miller Office Building. Adopted Resolution No. 797-00 authorizing the execution of a Pedestrian Facilities Agreement with Gerald and Dorothy Arendts for Lot 1, Block 1, Cooper's Subdivision and the portion of the abutting vacated right-of-way of Fifth Avenue S.W. Adopted Resolution No. 798-00 approving participation in the City's Regional stormwater Management Plan for David Niebuhr Mini Storage, Bear Creek Services, Medicap Pharmacy, Carlson Wholesale, and Unni Commercial Building. D-15 Adopted Resolution No. 799-00 awarding the contract to A-1 Excavating in the amount of $$297,521.40 for Project No. M007 (J-9604) "Trunk Watermain in Southeast Service Area, Phase IV". D-16 Adopted Resolution No. 800-00 awarding the contract for Project No. J-9603 "W, Tower to Serve Southeast Service Area (Rose Harbor Site)" to Chicago Bridge & Iron for $734,000.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 6019 Regular Adjoga'k AlFee9"5.E. TGERNb1ibI U',%2000 Agenda Item D-17 D-18 D-19 D-20 E-15 E-1 E-2 Adopted Resolution No. 801-00 awarding the contract for Project No. 6309-3-99 (J- 2454) "Rehab South Park Drainage Ditch" to Winnona Mechanical, Inc. for $102,124.00. Adopted Resolution No. 802-00 awarding the contract for Project No. M025 (J- 9655) "High Level Water Main to serve from Orchard Ridge to Highway 52" to Swenke Construction for $118,299.00. Adopted Resolution No. 803-00 approving a Professional Services Agreement with Bonestroo, Rosene, Anderlik and Associates for Project No. J-2467 "Stormwater Pond kr-p2.2a at IBM, south of 41st Street N.W." in the amount of $35,600. Approve a petition of the City of Rochester to the Minnesota Pollution Control Agency relative to the total maximal daily load issue and the choice of certain selected waters to be on their 303 List. Ayes (6), Nays (0), Abstain (1). Motion carried. President Hunziker abstained on Item D-2, Historical Society Funding. A Hearing on Appeal #00-04 by Franklin P. Kottschade appealing the Rochester Zoning Board of Appeals initial determination to deny Variance Request #00-32 for property located south of 401h Street S.W., west of TH 63 and east of 11 th Avenue S.W. Councilmembers Hanson moved, Evans seconded, to change the order of the agenda bringing forth Item E-15. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to remand Appeal #00-04 by Franklin P. Kottschade back to the Zoning Board of Appeals. Ayes (7), Nays (C Motion carried. A Hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to permit the construction of a transfer station located alo the east side of 11th Avenue S.W. and south of 10th Avenue S.W. The applicant's representative, Attorney John Arnold, from Dunlap and Seeger has requested that this item be continued to the December 11, 2000, Council meeting to resolve issues with the City Public Works Department and Olmsted County. No one wished to be heard at this time. Councilmembers McConnell moved, Marcoux seconded, to continue Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to December 11, 2000. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Vacation Petition #00-14 to vacate utility and drainage easements located south of 37th Street N.W. and east of 11th Avenue N.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 — November 20, 2000 �� ✓'3 Agenda Item E-3 E-4 E-5 Planning staff suggested that this item be continued; the applicant is considering withdrawal of the vacation request. No one wished to be heard at this time. Councilmembers Senjem moved, Stobaugh seconded, to continue Vacation Petition #00-14 to December 11, 2000. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-15 by ISD #535 to vacate undeveloped right-of- way of 5th Street S.E., platted and undeveloped right-of-way of 6th Avenue S.E., platted and undeveloped right-of-way of 5th Avenue S.E. to facilitate Riverside Central Elementary School. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 804-00 approving Vacation Petition #00-15 by ISD #535 with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #00-14 by Payne Company and Harold Payne to annex land located east of East Circle Drive and south of Century Hills Lane N.E. and Century Hills 3Id and 4th Subdivisions. Wishing to be heard was David Volle. Residents have had concerns in the area with the absence of the second layer of asphalt on the streets in the second and third subdivisions (the manhole covers are protruding extremely high and are dangerous to motorists), the finishing off of the access to the south that has not been completed, and the development of the park into these developments. The residents are concerned with the better control of Viola Road and the accesses of Cassidy Drive and Century Hills Drive. There is no posting of speed limit and only two stop signs. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, told Mr. Voller that the speed issue be passed onto Olmsted County and the park issue be passed onto the Park Department. The street uplift will not be able to be completed this season and the development of accesses is included in a city -owner development agreement. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #00-14 by Payne Company and Harold Payne and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Zoning District Amendment #00-15 by Badger Development LLC to rezone from the H district to the M-1 district property located along the west side of West Circle Drive, north of 28th Street N.W. and south of Valleyhigh Road N.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 — November 20, 2000 Agenda Item E-6 E-7 Wishing to be heard was Mac Hamilton, representing Badger Development, available to answer any questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Zoning District Amendment #00-15 by Badger Development LLC with the recommended staff findings and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #00-29 by Michael Younge Development to be known as Orchard Hills South Second located east of Foxcroft North Fourth Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond was available for questions and noted their agreement with the one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 805- 00 approving Final Plat #00-29 by Michael Younge Development to be known as Orchard Hills South Second. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-14 by Ron Yanish to rezone from R-1 to R-1X on property located west of Woodland Drive S.W., north of Salem Road S.W. and south of Baihly Woodland 7th Subdivision and Baihly Hills Drive S.W. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Zoning District Amendment #00-14 by Ron Yanish and directed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Type III, Phase II Amendment to General Development Plan #145 by Ron Yanish known as Salem Heights located west of Woodland Drive S.W., north of Salem Road S.W. and south of Baihly Woodland 7th Subdivision and Baihly Hills Drive S.W. Wishing to be heard was Wade DuMond, Yaggy-Co!by, representing the applicant. Mr. DuMond said they had no objection to the six additional conditions required. Mr. DuMond noted that he is aware that there is concern on the part of environmentalists and staff on the Decorah -Edge groundwater discharge/recharge phenomenon. He said that on this site they attempted to avoid the area they believe it is in. Mr. DuMond stated that they are in agreement with conditions #1- 12; condition #7 requirement has been submitted and currently under review by the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 — November 20, 2000 1 Agenda Item E-9 E-10 Planning Department. Under condition #9, Mr. Yanish has no control over the alignment of the frontage road as the Mayo Clinic has purchased a portion of the property zoned R-2. Mitzi Baker, Planning Department, suggested deleting six additional conditions to the GDP (items 13-18); staff had no objection to removal of the additional conditions. She noted a memorandum from Phil Wheeler, Planning Department, giving background on a groundwater recharge study completed and what will be done in the future to bring some regulations into the land development manual. The goal was not to discourage development in those areas but to minimize the impact on the areas. Terry Adkins, City Attorney, asked that condition #2 be amended to read: "At the time of platting if needed to accommodate the future design of the frontage road and its potential access to Salem Road, the applicant shall dedicate the additional right-of-way." Mr. DuMond agreed to the amendment change of condition #2. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve General Development Plan #145 by Ron Yanish known as Salem Heights with 12 conditions, amending condition #2 as stated, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on Type III, Phase II Land Subdivision Permit #00-01 by Payne Company to be known as Northern Heights East Commercial Park located west of East Circle Drive, south of 28`h Street N.E. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond said they had no objection to the six additional conditions required. He stated that he is aware that there will be buffer requirements for the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Land Subdivision Permit #00-01 by Payne Company to be known as Northern Heights East Commercial Park with six conditions. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessments for Weed Removal, Tree Removal, Snow Removal, Debris Removal, Impound Towing, and Secure Property. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 806-00 levying the proposed assessments for Weed Removal, Tree Removal, Snow Removal, Debris Removal, Impound Towing, and Secure Property. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 60/(o Regular Adjourned Meeting No. 29 — November 20, 2000 Agenda Item E-11 E-12 E-13 A Hearing to Consider the Proposed Assessment for Sidewalk Replacement Project No. 2-1998 (J-9488) "161h Street to 20th Street S.E.; Third Avenue to 11th Avenue S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 807-00 levying the proposed assessments for Sidewalk Replacement Project No. 2- 1998 (J-9488) "161h Street to 201h Street S.E.; Third Avenue to 11th Avenue S.E.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Sidewalk Project No. 1-1998 (J-9487) 131h Street to 16th Street S.E.; Third Avenue to 11th Avenue S.E.; 12th Street to 131h Street S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 808-00 levying the proposed assessments for Sidewalk Project No. 1-1998 (J- 9487) "131h Street to 161h Street S.E.; Third Avenue to 11th Avenue S.E.; 121h Street to 13th Street S.E.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6220-4-00 (J- 9610) "Concrete Curb and Gutter and Overlay in 201h Street N.W. from 131h Avenue N.W. to Telemark Lane N.W.". Wishing to be heard was Lyle Solem, 1221 201h Street N.W. Mr. Solem said that he originally thought the improvement was a good idea. However, in looking at the project, he found that concrete, rather than asphalt, would only add more cost and is of no benefit to the property either in selling the home or a tax benefit. A few years ago a sidewalk was installed in the area; at the same time a concrete slab was installed in the driveway. If the current project is approved, they will again be paying for a concrete driveway slab. Wishing to be heard was Norm Perlenfein, 1220 201h Street N.W. Mr. Perlenfein said that he has an elevated driveway that will probably have to be replaced if curb and gutter are installed. He could see no benefit, after living on the property for 35 years, to the curb and gutter project. Wishing to be heard was Dave Benda, 1006 20th Street N.W. Mr. Benda said that from the standpoint of the roadway, the project will improve the drainage and washing from heavy rains. The curbs are gone from the previous project. The Department of Public Works fixed his driveway this summer because of the washout; there are several neighbors who have had sidewalk problems as well. He strongly urged the Council to support the project. Having no one further wishing to be heard, Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 809-00 approving Project No. 6220-4- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF' ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 — November 20, 2000 6017 1 Agenda Item E-14 E-15 F-1 G-2a G-2b 00 (J-9610) "Concrete Curb and Gutter and Overlay in 201h Street N.W. from 131h Avenue N.W. to Telemark Lane N.W.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6220-4-00 (J-9610) "Concrete Curb and Gutter and Overlay in 20th Street N.W. from 13th Avenue N.W. to Telemark Lane N.W.". Wishing to be heard was Lyle Solem, 1221 20th Street N.W. Mr. Solem urged the Council to look at the assessment process. His lot is a long lot that he will be paying $2022.00 for; others will be paying only $1000.00. If his lot was a corner lot, he would get a benefit. Richard Freese, Public Works Director, asked that the testimony that was received in the prior assessment hearing be recognized in this hearing as well. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 810-00 approving the proposed assessments for Project No. 6220-4-00 (J-9610) "Concrete Curb and Gutter and Overlay in 20th Street N.W. from 13th Avenue N.W. to Telemark Lane N.W.". Ayes (7), Nays (0). Motion carried. See Prior to Item E-1. Councilmembers Stobaugh moved, Evans seconded, to reconsider the Abatement Order for the Property at 509 Ninth Avenue N.W. Ayes (7), Nays (0). Motion carried. Terry Adkins, City Attorney, noted that after the November 6th Council meeting approving the abatement order the Minnesota Court of Appeals rendered a decision in a similar abatement case and indicated that the City order must contain an option other than demolition of the structures. The findings have been revised providing that option as to the precise steps that must be taken to make the property non- hazardous. Councilmembers Stobaugh moved, Evans seconded, to approve Revised Findings of Fact, Conclusions of Law, and Order for the Abatement Order for the Property at 509 Ninth Avenue N.W. and directed the City Attorney to proceed with this matter. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 13.66 Acres of Land Located in a Part of the Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (east of East Circle Drive, south of Century Hills Lane N.E. and Century Hills Third and Fourth Subdivisions) An Ordinance Rezoning Certain Property From the H district to the M-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 018 Regular Adjourned Meeting No. 29 — November 20, 2000 Agenda Item G-2c G-3a G-3b Development Manual of the City of Rochester, Minnesota, was given a first reading. (west side of West Circle Drive, north of 28th Street N.W., south of Valleyhigh Road N.W.) An Ordinance Rezoning Certain Property From the R-1 District, and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (west of Woodland Drive S.W., north of Salem Road S.W., south of Baihly Woodland Seventh Subdivision and Baihly Hills Drive S.W.) An Ordinance Creating and enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Terry Adkins, City Attorney, explained to the Council that the Ordinance that was adopted on November 6, 2000, contained a provision which assigned the land to be annexed to the H (holding) zoning district. The November 6th vote was 4 to 2. Minnesota law requires zoning ordinances to be adopted by a 2/3rds vote. Since the November 6th vote failed to achieve a 2/3rds majority, there may be some question as to the legality of the Council's action. Accordingly, the City Attorney asked that the Council reconsider its matter of the Proposed Annexation of Rochester Township including the H Holding Zone and, following reconsideration, to determine whether the requisite five votes in favor of the annexation are present. Councilmembers Hanson moved, Stobaugh seconded, to reconsider the Annexation of Rochester Township with the land zoned to the H Holding Zone. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt Ordinance 3366 approving Annexing to the City of Rochester a Portion of the South Half of the Southwest Quarter of Section 10, the East Half of the Southwest Quarter of Section 11, the Northwest Quarter of the Northwest Quarter, and the South Half of Section 14, Section 15, the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16, the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of section 23, All in Township 106 North, Range 14 West, Olmsted County, Minnesota. Ayes (5), Nays (2). Motion carried. Councilmembers Marcoux and McConnell voted nay. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk L RECORD ":OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY -OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 6 019 Agenda Item A-1 B-1 C-1 D-1-3 D-1 D-2 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Wishing to be heard was Julie Senska, 5260 Timberidge Court S.E. requesting the installation of traffic signals on 11th Avenue S.E. at 20th and 24th Streets. She presented the Council with a petition of 879 signatures, a combined effort of the Willow Creek and Pinewood PTSAs; 90-95 percent of the residents of the area signed. She urged the Council to install traffic signals immediately at both locations. Children cross 111h Avenue at Pinewood Road to reach the bikepath on the west side of 11th Avenue; 111h Avenue is an extremely busy traffic area and everyone trying to cross is at risk. Wishing to be heard was Deb Bullen, a member of the Pinewood PTSA and a mother of children who attend both Pinewood Elementary and Willow Creek Junior High. She noted that they are concerned not only with the children crossing 11th Avenue but for anyone who has to cross without the crossing guard present. Ms. Bullen noted that they are aware that a signal light is to be installed at 24th Street but that does not help the children crossing at Pinewood Road. If a light is not installed at 20th, perhaps the existing bikepath crossing at Pinewood Road should be looked at as well where it crosses 11th Avenue. She gave the Council an unedited video of traffic at the corner of 201h Street and 11th Avenue to illustrate the traffic that travels on 11th Avenue and the difficult in crossing for children and others. Wishing to be heard was Terry, a 4th grade student at Pinewood Elementary School and lives on 18th Avenue S.E. and Pinewood Road. He told the Council that signal lights are needed at Pinewood Road and 24th Street to allow them to cross the street and get to school safely and to be able to watch baseball games and other activities at Willow Creek. He stated that when he goes to Willow Creek in two years he wants to know that he can cross safely without being scared. Richard Freese, Public Works Director, noted that the department has met with the respective County and school district staff and members of PTSAs and school personnel. It is planned to have the traffic signal crossing at 241h Street by September 1st, 2001. A study has been conducted on the intersection of Pinewood Road, 20th, and 24th Streets. Over the next three years, it is planned to have signals at both 24th and 20th Streets. Moving the bikepath to 24th Street would mean a crossing of a driveway into Willow Creek that is very busy and people don't tend to stop for the stop sign when exiting the parking lot. Councilmembers Stobaugh moved, Evans seconded, to approve the following consent agenda items: Approved the minutes of the Council Meeting of November 20, 2000. Withdrawn. 6020 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 Agenda Item D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 Approved the recommendation of the Rental Housing Complain Board not to schedule a public hearing on disorderly use of property violations at 1570 50th Street N.W., #7, and 310 31st Street N.E., #205. Both property managers have submitted action plans to the City outlining the actions they are taking to ensure compliance with the City's disorderly use ordinance. See at end of D Items. Approved the following licenses and miscellaneous activities: Gambling — Temporary Rocky Mountain Elk Foundation — Raffle at Radisson Plaza Hotel — February 3, 2001 (request waiver of waiting period). Off -Sale 3.2 Beer Nguyen's Oriental Food Store, 1014 North Broadway Miscellaneous Street Use NAACP - Martin Luther King March — January 15, 2001. Approved an On -Sale and Sunday Intoxicating Liquor License for Dos Amigos, Inc. DBA Dos Amigos Mexican Restaurant at 1726 37th Street N.W. Approved an Off -Sale Intoxicating Liquor License for Cheryl Ann LeTourneau DBA Andy's Marketplace Liquor, Inc. at 41st Street N.W., Lot 3, Block 1, of Rochester Marketplace. Approved Accounts Payable in the amount of $3,518,723.65. Adopted Resolution Nos. 811-00 and 812-00 approving the following low bids for the Water Reclamation Plant supplies: Liquid Aluminum Sulfate from General Chemical in the amount of $87,480.00, and Anhydrous Ferric Chloride from Hawkins Chemical in the amount of $141,500.00. Both are for a one year's supply. Adopted Resolution No. 813-00 increasing the mileage reimbursement rate from $.32 per mile to $.34 per mile effective January 1, 2001. Adopted Resolution No. 814-00 authorizing the position of Preplan Assistant in the Rochester Fire Department for Kenneth Bee. See at end of D Items. See at end of D Items. Approved a roadway name change for Raechel Place N.E. to Viola Heights Drive N.E. in Northern Heights North First and instructed the City Attorney to prepare the required ordinance and give the ordinance and 1st and 2"d reading. 1 D-15 I Accept property from Roger Payne along 33rd Street N.W. RECORD OF OFFICIAL: PROCEEDINGS OF. THE COMMON COUNCIL CITY OFROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 6021 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 Adopted Resolution No. 815-00 authorizing the Mayor and City Clerk to execute the Development agreement Amendment for the Century Hills Development to clarify the timing of the construction of the secondary access required for the development. Adopted Resolution No. 816-00 approving execution of the Development Agreement for the Wedgewood Hills 41h Subdivision along 50th Avenue N.W. Adopted Resolution No. 817-00 approving a revocable permit with Quest Communications to place an underground telephone utility line within the NW RPU Substation at 50th Avenue and 551h Street N.W. Adopted Resolution No.818-00 approving a Contribution Agreement with Western Walls, Inc. addressing the owner's obligations with improvements to 71h Street N.W. abutting the owner's property. Adopted Resolution No. 819-00 approving a City/Owner Contract for J-9762 "Watermain & Hydrants to Serve Lot 5, Block 2, Circle Drive Business Center" with Knowledge Beginnings, Inc. and The Excavators of Rochester, Inc. Adopted Resolution No. 820-00 approving a City/Owner Contract for J-9754 "Basic Construction to Serve the Riverside Central Elementary School" with Rochester Independent School District #535 and Market & Johnson, Inc. Adopted Resolution No. 821-00 executing a Pedestrian Facility Agreement with Arnold Bomgaars for Lot 4, Block 4, Northern Heights North Second. Adopted Resolution No. 822-00 executing a Pedestrian Facility Agreement with Ruth H. Schultz & Dolly F. Churchill for the north 220 feet of the east %2 of vacated 4th Avenue S.W. adjacent to Block 2, Golden Hill Addition and the west 87 feet of Lot 1, Block 2, Golden Hill Addition. Adopted Resolution No. 823-00 executing a Pedestrian Facility Agreement with Wayne & Marion Diekrager for Lot 3, Block 2, Peck's Hills Third Subdivision. Adopted Resolution No. 824-00 executing a Pedestrian Facility Agreement with R & S Investments for Lots 1 & 2, Block 2, Eastgate Commercial Park First Subdivision. Adopted Resolution No. 825-00 accepting voluntary participation in the Regional Stormwater Management Plan by Wendy's International, R & S Investments, and Adler Sports. D-27 Adopted Resolution No. 826-00 accepting the Feasibility Report, authorizing the preparation of plans and specifications and calling for a Project Hearing on February 5, 2001, for Project No. J-9760 "Extension of Sanitary Sewer to serve vacant lands inside the City's Urban Service Area in Sunnydale Subdivision and northeast of Sunnydale Subdivision". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6022 Regular Meeting No. 30, - December 11, 2000 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-4 D-12 Adopted Resolution Nos. 827-00, 828-00, and 829-00 accepting the Feasibility Report, authorizing the preparation of plans and specifications, calling for a Project Hearing on January 17, 2001, ordering preparation of the assessment roll and calling for an Assessment Hearing for January 17, 2001, for Project No. 6222-1-00 (J-9725) "Curb, Gutter and Overlay on 22nd Street N.E. from 7th Avenue to 10th Avenue and 7th-10th Avenues N.E. from Northern Heights Drive to 22nd Street N.E. and 21st Street". Adopted Resolution No. 830-00 establishing a public hearing for January 3, 2001 consider a fare increase in ZIPS Dial -A -Ride Service. Adopted Resolution No. 831-00 approving ZIPS Dial -A -Ride Service for 2001 with Olmsted County and ISD 535 Community Education. Adopted Resolution No. 832-00 awarding the contract for ZIPS Dial -A -Ride Service for 2001 and 2002 to Rochester Transportation systems at the hourly rates that included vehicle insurance. Adopted Resolution No. 833-00 approving an agreement with THE Realty to establish a Park and Ride Facility from January 1, 2001 through December 31, 2003 at the Northwest Plaza. Adopted Resolution No. 834-00 approving a sublease agreement with Bryce and Brenda DeCook for Rochester Airport lands. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked Larry Koshire, Public Utility Director, the cost of the agreement with Northern State Power Company and SMMPA; Mr. Koshire noted that the companies will be buying power from our facility and that this amount is an income rather than an expenditure item. Councilmembers Senjem moved, Stobaugh seconded, to adopt the following Publil Utility resolutions: Resolution No. 835-00 approving a contract agreement with Northern States Power Company and the Southern Minnesota Municipal Power Agency for the 161 IkV Upgrade of Transmission Line Q1 at a cost not less than $750,000.00 to the City of Rochester. Resolution No. 836-00 approving a purchase order agreement with Alstrom USA, Inc. for outdoor circuit breakers not to exceed a cost of $164,670.00. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the positions for the five new police officers are already included in the 2001 budget. Steve Kvenvold, City Administrator, noted that the positions were approved in the 2000 budget. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 6023 Agenda Item Councilmembers Senjem moved, Hanson seconded, to acknowledge the appointment of Jeffrey Sobczak, Sylvia Quirk, Jason Timm, Joshua Thompson and Angela Kreye to the position of Police Officer in the Rochester Police Department effective December 18, 2000. Ayes (7), Nays (0). Motion carried. D-13 Councilmember McConnell stated that annexations should occur in areas where the residents want the annexation. However, in the case of the Cascade area, residents did not desire annexation this soon. Councilmembers Hanson moved, Stobaugh seconded, to approve the Annexation by Ordinance Petition #00-11 initiated by the City Council to annex properties within Cascade Township that are 100 percent surrounded by the City and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. (The annexation includes properties within Sections 8, 9, 15, 21, 28, 29 and 32, and is proposed to become effective January 1, 2002.) E-1 A Continued Hearing on Vacation Petition #00-14 to vacate utility and drainage easements located south of 371h Street N.W. and east of 11th Avenue N.W. The applicant withdrew the easement vacation request. No action taken. E-2 A Continued Hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to permit the construction of a transfer station located along the east side of 111h Avenue S.W. and south of 10th Avenue S.W. The applicant requested that the hearing be continued to January 17, 2001. No one wished to be heard at this time. Councilmembers McConnell moved, Marcoux seconded, to continue the hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to January 17, 2001 and requesting the applicant to submit a letter waiving the 120 days of Sections 15.99 of Minnesota Statutes during the time between now and January 17th, 2001. Ayes (7), Nays (0). Motion carried. E-3 A Hearing on the City of Rochester Proposed 2001 Annual Budget. Steve Kvenvold, City Administrator, presented an overview of the proposed 2001 budget of $115, 640,727.00. The proposed tax levy of $18,885.726.00 would be $114,274.00 less than the 2001 tax levy established by the Common Council in September 2000. Mr. Kvenvold narrated slides showing budget comparisons of revenue sources, applications by function and character and the operational budget breakdown. Having no one further wishing to be heard, President Hunziker closed the hearing. The 2001 budget will be adopted on December 18, 2000. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6024 Regular Meeting No. 30, - December 11, 2000 Agenda Item E-4 E-5 A Hearing on Type III, Phase II Incentive Development #00-30 Preliminary Plat by Sunstone Hotel Investors, Inc. to permit the construction of a five -story hotel on property located along the north side of West Center Street and along the west sid of 4th Avenue N.W. between 4th and 5th Avenue N.W. Brent Svenby, Planning Department, noted that the applicant has asked the Cou to waive the Final Plan Review; staff agreed with the request. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 837 approving Incentive Development #00-30 Preliminary Plat by Sunstone Hotel Investors, Inc. with six conditions. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to approve waiver of the Final Plan Review for Incentive Development #00-30 Preliminary Plat by Sunstone Hotel Investors, Inc. Discussion. Councilmember Senjem asked about road reconstruction and restoration work in the street right-of-way if a subway tunnel is installed as a part of the development; Richard Freese, Public Works Director, noted that a revocable permit would be required in this instance with pertinent conditions regarding reconstruction and/or restoration of public facilities. Ayes (7), Nays (0). Motion carried. A Hearing on Land Use Amendment #00-05 by Quinstar LLP to amend the Rochester Urban Service Lane Use Plan to change the designation of land from "Low Density Residential" to "Commercial' on property located north of Highway east of 11th Avenue S.E. Wishing to be heard was Geoff Griffin, GGG Engineering, representing the applicant and available for questions from the Council. He noted their agreement with the staff recommendations. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 83 approving Land Use Amendment #00-05 by Quinstar LLP. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Amendment to General Development Plan #136 by Quinstar LLP to reflect commercial uses on property located north of Highway 52, east of 111h Avenue S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Amendment to General Development Plan #136 by Quinstar LLP with six conditions and instructei 1 RECORD -,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 6025 1 Agenda Item E-7 E-8 E-9 the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #00-45 by Payne Company to be known as Century Hills Fifth Subdivision located east of East Circle Drive and south of Century Hills Lane N.E. and Century Hills 3rd and 41h Subdivisions. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond asked the Council to drop condition #1 b; the topography of the land does not allow for the pedestrian connection. He also asked that conditions #5 and #6 be removed as well. Having no one further wishing to be heard, President Hunziker closed the hearing. Brent Svenby, Planning Department, noted on Page 184 of the Request for Council Action six recommendations noting that there is no authority in City ordinances to require the developer to follow the recommendations. Councilmembers Senjem moved, Hanson seconded, to approve Preliminary Plat #00-45 by Payne Company to be known as Century Hills Fifth Subdivision with five conditions and six recommendations related to development of the Decorah Edge Recharge Area and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Amendment to Planned Unit Development B-60 (Barclay Square) to allow for the construction of a convenience store with fuel pumps located along the western edge of the property, south of the main entrance off of Salem Road. Wishing to be heard was Hans Zietlow, Oconomowoc, Wisconsin, representing the applicant, Kwik Trip, Incorporated. He noted that they were in agreement with the conditions recommended by the Planning Commission. He stated that there would not be a backlit canopy; some of the neighbors have been concerned about the lighting. Brent Svenby, Planning Department, said that condition #8 be dropped; the applicant is meeting the lighting standards of the ordinance. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Amendment to Planned Unit Development B-60 (Barclay Square) with nine conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M1-02 (J- 9746) "Sanitary Sewer and Watermain Extension to Serve the Elmcroft Subdivision Area". 6026 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 Agenda Item E-10 E-11 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 839-00 approving Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain Extension to Serve the Elmcroft Subdivision Area". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M1-04 (J- 9748) "Sanitary Sewer and Watermain Extension to Serve the Forest Hills Subdivision Area". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 840-00 approving Project No. M1-04 (J-9748) "Sanitary Sewer and Watermain Extension to Serve the Forest Hills Subdivision Area". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6304-4-00 (J- 9734) "Curb, Gutter and Overlay on 41h Avenue N.W. from Zumbro Drive to 31s` Street N.W.". Wishing to be heard was Donovan Larson, 2812 Fourth Avenue N.W. Mr. Larson noted that he did not believe that the curb and gutter was necessary for the project. He was told that all projects now will contain curb and gutter. Wishing to be heard was Lowell Horning, 2820 Fourth Avenue N.W. He noted his support of the project. Mr. Horning also asked if it was possible for those residents who have the watermains that come through driveway approach and have a buried water valve in the approach that a stand pipe could be installed in the event the water needed to be shut off. Mr. Doug Nelson, Public Works Department, said that a shutoff will be installed with a curb box cover in accordance with City standard procedures. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 841- 00 approving Improvement Project No. 6304-4-00 (J-9734) "Curb, Gutter and Overlay on 4`h Avenue N.W. from Zumbro Drive to 315` Street N.W.". Ayes (7), Nays (0). Motion carried. E-12 A Hearing to Consider the Proposed Assessment for Project No. 6304-4-00 (J- 9734) "Curb, Gutter and Overlay on 41h Avenue N.W. from Zumbro Drive to 31s` Street N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 842-00 approving the Proposed Assessment for Project No. 6304-4-00 (J-9734) 1 RECORD OF OFFICIAL ' PROCEEDINGS' OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30, - December 11, 2000 6027 Agenda Item E-13 E-14 E-15 E-16 "Curb, Gutter and Overlay on 41n Avenue N.W. from Zumbro Drive to 31 st Street N.W.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6319-4-00 (J- 9723) "Curb, Gutter and Overlay on 19tn Avenue N.W. from 19tn Street N.W. to Valley High Drive". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 843-00 approving Project No. 6319-4-00 (J-9723) "Curb, Gutter and Overlay on 19tn Avenue N.W. from 19tn Street N.W. to Valley High Drive". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Project No. 6319-4-00 (J- 9723) "Curb, Gutter and Overlay on 191n Avenue N.W. from 191n Street N.W. to Valley High Drive". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 844- 00 approving the Proposed Assessment for Project No. 6319-4-00 (J-9723) "Curb, Gutter and Overlay on 19tn Avenue N.W. from 19tn Street N.W. to Valley High Drive". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6201-2-00 (J- 9724) "Curb, Gutter and Overlay on First Street S.E. from 13tn Avenue S.E. to 15tn Avenue S.E.". Wishing to be heard was Gary Lueders, 1322 First Street S.E. Mr. Lueders and several neighbors were in attendance to show their support for the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 845-00 approving Project No. 6201-2-00 (J-9724) "Curb, Gutter and Overlay on First Street S.E. from 131n Avenue S.E. to 151n Avenue S.E.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6201-2-00 (J-9724) "Curb, Gutter and Overlay on First Street S.E. from 13tn Avenue S.E. to 151n Avenue S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 846-00 approving the Proposed Assessment for Local Improvement Project No. 6201-2-00 (J-9724) "Curb, Gutter and Overlay on First Street S.E. from 13tn Avenue S.E. to 15tn Avenue S.E.". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6028 Regular Meeting No. 30, - December 11, 2000 Agenda Item E-17 G-2a G-2b G-3a G-3b A Hearing on Proposed Business Subsidy for MDC Rochester, LLC/Airborne Freight Corporation Project at the Rochester International Airport. Having no one wishing to be heard, President Hunziker closed the hearing. No further action was needed. An Ordinance Amending the Provisions of Ordinance No. 3354 Which Provided For the Annexation to the City of Rochester of Sections 8, 9, and 32 of the Cascade Township, Olmsted County, Minnesota, was given a first reading. An Ordinance amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Raechel Place N.E., Platted in Northern Heights North First Subdivision to Viola Heights Drive N.E. was given a first reading. Councilmembers McConnell moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain property in Sections 5, 6, 7, 8, 16, 17, 18 and 21, Marion Township, from County Zoning Districts to the Respective City Designations, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivisions 2, 3, and 6 of Section 1.02, and Section 3.08 of the Home Rule Charter of the City of Rochester Relating to the Redetermination of Boundaries and Residency Requirements for Elected and Appointed Officials, was given a second reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.. Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. /Ctc/ l2 ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — December 18, 2000 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. D-1-30 Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items. D-1 Approved the minutes of the December 11, 2000, meeting. D-2 Adopted Resolution No. 847-00 authorizing the issuance of Airport Exempt Facility Bonds for Midwest Development Construction, Inc. DBA Airborne Express in the amount of $1,000,000. D-3 Adopted Resolution No. 848-00 executing the lease agreement with Rochester - Olmsted County Joint Civil Defense Commission and the Rochester International Airport. D-4 Adopted Resolution No. 849-00 authorizing execution of Change Order #3 for $71,602.96 with Road Constructors, Inc. for Project No. J-6967 "Terminal Building Entrance Road Improvements, Entrance Road Signage Improvements and Parking Lot Expansion". D-5 Adopted Resolution No. 850-00 authorizing execution of Change Order #1 for $55,657.10 with Progressive Contractors, Inc. for Project No. J-6911 "Runway 02- 20 Extension with Taxiway and Connection of Terminal and Air Cargo Ramps". D-6 Adopted Resolution No. 851-00 authorizing execution of Change Order #7 for $6,518.00 with Alvin E. Benike, Inc. for Project No. J-6942 "Terminal Building Improvements". D-7 Adopted Resolution No. 852-00 approving the agreement with the Rochester Airport Company for the spreading of biological solids from the Water Reclamation Plant on 1025.76 acres of Airport property. D-8 Approved the following licenses and miscellaneous activities: On -Sale 3.2 Beer — Transfer Transfer of license from Combo Cuisine to Sawatdee Thailand, 1123 Civic Center Drive N.W. Gambling — Temporary Church of St. Francis — Raffle — May 4, 2001 Heating, Ventilating & Air Conditioning Hussmann Corporation, St. Louis Park Eagan Mechanical Contractors, Inc., Minneapolis Dave Hovey Heating & Air Conditioning, Rochester 60219 Cop3p RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — December 18, 2000 Agenda Item M• D-10 D-11 Guyers Builders Supply, Inc., Rochester Spriggs Plumbing & Heating, St. Paul Master Installer Lowell Benson, Maple Lake Michael Andrews, Buffalo Michael Winter, Lakeland Michael Ericson, Plymouth Wayne Plourde, Afton Master Plumber Inland Plumbing, Fargo, North Dakota Spriggs Plumbing & Heating, St. Paul Sewer & Drain J.O. Ottman, Oronoco Fairmont Glass & Sign products, Inc., Fairmont Sound Amplification Victim Services — Rights Week Rally and Candlelight Vigil — Peace Plaza — April 28, 2000 January 1, 2001, License Renewals Bus 1 Chickens 2 Heating, Ventilating & Air Cond. 107 Master Installer 155 Master Plumber 58 Motion Picture 13 Pawnbroker 3 Pigeons 4 Sewer & Drains 50 Sidewalks 80 Signs 26 Taxicab 1 Adopted Resolution No. 853-00 appointing Judy Scherr, City Clerk, as the Data Practices Compliance Officer as required under Minnesota Statutes Section 13.05, subd. 13. Approved Accounts Payable in the amount of $1,125,991.93. Approved the requested amendments to the City's Official Investment Policy addressing changes in State Statute and the need for an additional authorized investment vehicle to address bond proceed monies. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY" OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 311 December 18, 2000 6031 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 M • D-20 Approved the appointment of Carl Most to the Mayor's International Affairs Committee. Approved the appointment of Joan Karow to fill the unexpired term of Pam Evans running to December 31, 2001 on the Housing and Redevelopment Authority Board. Approved the appointment of Stephen Lalama for a three-year term ending in December 2003 to the Rochester Civic Music Board. Approved the appointment of Christine Schultze for a three-year term on the Committee on Urban Environment ending April 2003. Adopted Resolution No. 854-00 approving Annexation Petition #00-17 by the Estate of Robert J. Thompson to annex land described as Lot 28-32, Block 2 and a portion of Lot 27, Block 2, Sunnydale Subdivision Blocks 1, 2, and 3, in Marion Township. Adopted Resolution No. 855-00 entering into an agreement with Olmsted County and the Salem Sound Homeowner's Association and the Salem Point Homeowner's Association Agreement to manage stormwater runoff in the Bamber Lake Drainage Basin and enter into a Professional Services Agreement with Bonestroo Rosenene Anderlik & Associates for the preparation of plans and specifications and associated bid documents for the Bamber Lake Regional Pond and Storm Water Improvements. Adopted Resolution No. 856-00 amending the previously adopted resolution dated June 21, 1999 and executing the Assessment Agreements for Project No. 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.". Adopted Resolution No. 857-00 approving the Revocable Permit with Sunstone Hotel Investors, Inc. to allow the continuation of and modifications to the existing canopies located in the street right-of-way along 2"d Avenue, 15t Street North and 2"d Street North. Adopted Resolution No. 858-00 approving a City/Owner Contract for Project J-9704 "Basic Construction to Serve Circle Drive Business Center Second" with CEL (MN) QRS 14-40, Inc. and Fraser Construction. D-21 Adopted Resolution No. 859-00 accepting the feasibility report and ordering the preparation of plans and specifications for Project No. J-4953 "Construction of Bituminous Pedestrian Path Along Rocky Creek Drive between Northern Valley Drive N.E. and North Broadway (US 63)". D-22 Adopted Resolution Nos. 860-00, 861-00, and 862-00 setting a public hearing date of February 5, 2001 for the making of Local Improvement Project No. J-9761 6032 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — December 18, 2000 Agenda Item "Construction of Public Sidewalk Abutting Fox Valley Drive S.W. and 23rd Avenue S.W." and an Assessment Hearing on February 5, 2001 for the project. D-23 Adopted Resolution No. 863-00 authorizing a Settlement Agreement and Revocable Permit with Andrew Weyl, 1624 Third Avenue N.W., for an encroachment of a garage overhang in the public right-of-way. D-24 Adopted Resolution No. 864-00 adding Paragraph (84.5) of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (84.5) Sixth Street S.W., in the 100 block, on the south side of the street, 80 feet more or less in front of the premise known as Just For Kids Daycare at 114 Sixth Street S.W., 5 minute limit, from 6:00 A.M. to 10:00 P.M., Monday through Saturday. D-25 I Adopted Resolution No. 865-00 amending sections of Chapter "K" of the Comprehensive Traffic and Parking Resolution Book, to read: 1) Monthly Rates; change the Monthly Rates as listed on page 2 of the Request for Council Action. 2) Overnight Rates; increase the Overnight Rate as listed on page 2 of the Request for Council Action. D-26 I Adopted Resolution No. 866-00 amending Paragraph (3.5) of Section H "Limited Time Zones" Zone F (2-Hour Limit), to read: (3.5) Seventh Avenue S.W., on the east side of the street, from West Center Street to Second Street S.W. 7:00 A.M. to 5:00 P.M., Mo through Saturday. D-27 Adopted Resolution No. 867-00 adding Paragraph (262) to Chapter B "No Parking" of the Comprehensive Traffic and Parking Resolution Book, to read: (262) 50th Avenue N.W. on both sides from 19th Street N.W. to 65th Street N.W. at all times, wherever the roadway is within the City Limits. D-28 Adopted Resolution No. 868-00 accepting the proposal of Walker Parking Consultants to provide Professional Engineering Services for Project No. 8215-36- 01 (J-2592) "Restoration #4 of Center Street Ramp". D-29 Adopted Resolution No. 869-00 accepting the proposal of Bonestroo Rosene Anderlik & Associates for Project No. J-6373 "Traffic Signal Interconnect on TH 63 from Northern Heights to 37th Street" and the proposal of Short, Elliot, Henderson for Project No. J-6373 "Traffic Signal Installation on County Road #1 (11th Avenue S.E.) and Willow Creek Middle School". D-30 I Adopted Resolution No. 870-00 approving the 2001 contract with Rochester City Lines in the maximum amount of $1,187,541.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — December 18, 2000 6033 Agenda Item D-31 D-32 D-33 F-1 E-1 E-2 Adopted Resolution No. 870-OOA approving the mileage allowances, effective January 1, 2001, for personal vehicles of the Councilmembers and Council President. Adopted Resolution No. 870-00B approving the TCIS Online Access and Nondisclosure Agreement with the State of Minnesota, Td Judicial District, for access by the City Attorney's Office. Approved the City acquisition of foreclosed property at 1813 First Avenue S.W. through the redemption process. Ayes (7), Nays (0). Motion carried. The agenda was moved to bring Item F-1 forward. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 871-00 approving the Sale of the City's Electric Utility Revenue Bonds, Series 2000, and Providing for Their Issuance. Ayes (7), Nays (0). Motion carried. A Hearing on the Adoption of the 2001 Tax Levy, 2001 Budget and 2001-2002 Capital Improvements Program. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolutions No. 872- 00, 873-00 and 874-00 approving the 2001 Tax Levy, 2001 Budget and 2001-2002 Capital Improvements Program. Discussion. Councilmember Hanson asked if the budget contained a change of $50,000.00 for the one additional firefighter position that the Council had previously discussed. It was the Council's intention that the five additional firefighter positions be used to staff Fire Station #5 when constructed. The Council asked that the additional staff not be hired until the status of a proposed federal bill funding firefighters is determined. Councilmember McConnell expressed his displeasure with an 8 percent increase in the tax levy and with the approval of 19 new staff positions for the City. He mentioned excess budget items of travel, tuition and subscriptions for departments. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing on Type III, Phase I Appeal #00-04 by Frank Kottschade. Wishing to be heard was Bill Tointon, McGhie & Betts, representing Frank Kottschade. Mr. Tointon described the location site of the project as it relates to the entire property owned by Mr. Kottschade and the conditions imposed on General Development (GDP) Plan #151. The boundary of the GDP is 40`h Street on the north, 111h Avenue on the West, and the floodway limits on the south which parallels the Willow Creek. Access to the site is restricted to one connection on 40'h and one RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6034 Regular Adjourned Meeting No. 31 — December 18, 2000 Agenda Item on 11th Avenue N.W. Additional access sites would require several permits from the Department of Natural Resources to cross Willow Creek, to fill in the floodway, and variation of the shoreline ordinance. The property to the south of the site is zoned M-1 and the GDP property is zoned R-2 residential use. Mr. Tointon noted that the site has some unique circumstances that dictate the designing of the project. He presented drawings showing how the site would have been designed prior to the nine conditions being placed on the development plan. The plan consisted of 104 townhomes, 2 different styles, along a roadway that parallels 40th Street S.W. A buffer is between the development and 401h Street via a berm and avoidance of filling of the floodway. Mr. Tointon said that the nine conditions would have a dramatic effect on the developable portion of the site. In particular, condition #5 which referred to grading of the site to be compatible with the elevatior of future 401h Street and 11th Avenue and condition #1 which requires the additional right-of-way. Mr. Tointon also stated that Mr. Masterpole, from McGhie & Betts, hac prepared the before map in compliance with the Land Development Manual but it was not the plan that was submitted to the City. The plan was only prepared to show how the site would be utilized. In response to a question from the City Attorney on the before and after maps presented, Mr. Tointon indicated that the before map was prior to any of the conditions imposed by the City and the after map indicated the proposed development after the conditions had been placed on the site. Wishing to be heard was Franklin Kottschade, 4719 Warwick Lane N.W., owner of North American Realty, and developer of the property. Mr. Kottschade noted the projects that North American Realty has been involved in and with during the past 25 years. Mr. Kottschade noted that he is seeking a variance for nine conditions foi General Development Plan #151 in southwest Rochester. He stated that he purchased the property in 1992 with the intent of putting a Target Store into the site Olmsted County was concerned because of the possibility of future road projects. After the ROCOG study in 1994 a request for zone change was made on the property to again establish the Target Store. The zone change was denied. Mr. Kottschade then apprised the Council that 37 various permits and land applications that have been applied for. He asked when does this end. He said that he is trying to develop away from TH63. Mr. Kottschade stated that the estimated cost for the townhouse project of construction is $1,549,204. Costs based on the before drawing per townhouse would be $22,378; the after drawing the costs elevate to $89,511 not including land costs, developer overhead, etc. which increases the price to $500,000-$600,000 range. Mr. Kottschade noted that the market does not allow for a $500,000 townhome thus he is unable to put his land to a reasonable use. Mr. Kottschade noted that he is not aware of any other developer who has experienced the imposing of conditions that he has had put on General Development Plan #151. Richard Freese, Public Works Director, stated that the configuration, size and frontage layout of the property determines the developer's cost for each public improvement requirement. In response to a question from Councilmember Evans, Mr. Kottschade indicated he could not identify any one condition which he believed to be unduly burdensome. Instead, the total effect of all nine conditions was cumulative. Mr. Kottschade stated that the adoption of the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 31 — becember 18, 2000 6035 1 Agenda Item E-3 G2a G-3a new subdivision regulation ordinance and the use of development agreements had created problems for all developers and has resulted in an increase in the cost of housing in Rochester. Mitzi Baker, Planning Department, stated that the private roadway right of way is shown at 50 feet wide. She indicated that she doesn't remember any previous low density development with a 50 foot private roadway. Ms. Baker stated that there is a 75 foot distance between the roadway and the 40th Street right of way. She said that perhaps other styles of townhomes could work better; perhaps setback and other performance standards could be considered for waiver. Ms. Baker indicated that when Mr. Kottschade purchased the property in 1992, many of the same regulations which resulted in these nine conditions were already in place. She stated that the granting of the variance may be detrimental to the public welfare because it would not comply with minimum adopted development standards and requirements of the City which are imposed on all developers Councilmember expressed a desire to meet with Mr. Kottschade and City staff to discuss and work out possible compromises for the development. Councilmembers Evans moved, Stobaugh seconded, to direct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order to be brought back to the Council for action on January 3, 2001, to support the findings of the Board of Appeals in denial of the Variance Appeal #00-04 by Franklin Kottschade for General Development Plan #151. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve the language changes to Ordinance 3366 relating to the annexation of 100% surrounded areas of Rochester Township and instructed the City Attorney to prepared the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. An Ordinance Amending the Provisions of Ordinance No. 3366 Which Provided for the Annexation to the City of Rochester of Approximately 917.70 Acres of Land Including a Portion of the South Half of the Southwest Quarter of Section 10, the East Half of the Southwest Quarter of Section 11, the Northwest Quarter of the Northwest Quarter and the South Half of Section 14, Section 15, the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16, the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 23, All in Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. Councilmembers Stobaugh moved, McConnell seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 District to the R-1X 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 RECORD OF OFFICIAL PROCEEDINGS OF.THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6036 Regular Adjourned Meeting No. 31 — December 18, 2000 Agenda Item reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (west of Woodland Drive S.W., north of Salem Road S.W., south of Baihly Woodland Seventh Subdivision and Baihly Hills Drive S.W.) G-3b An Ordinance Rezoning Certain Property From the H district to the M-1 District, ar 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, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (west side of West Circle Drive, north of 28th Street N.W., south of Valleyhigh Road N.W.) G-3c An Ordinance Annexing to the City of Rochester Approximately 13.66 Acres of Land Located in a Part of the Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of East Circle Drive, south of Century Hills Lane N.E. and Century Hills Third and Fourth Subdivisions) G-2b An Ordinance Amending the Provisions of Ordinance No. 3354 Which Provided F the Annexation to the City of Rochester of Sections 8, 9, and 32 of the Cascade Township, Olmsted County, Minnesota, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance 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. G-2c Councilmembers McConnell moved, Marcoux seconded, to direct the City Attorney to prepare an ordinance to extend to February 23, 2001, an interim ordinance regulating the placement of telecommunication facilities within the City. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning districts Within the City, was given a first reading. (extend to February 23, 2001) Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion Carr' d. i y Clerk