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2001 Minutes
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6037 Agenda Item 1 C Councilmember Evans expressed his appreciation to the Public Works snowplowing crews. No one else wished to be heard during the Open Comment Period. Deputy City Clerk, Valori Langseth administered the Oath of Office to Councilmember-at-large, John Hunziker and Councilmembers Marcia Marcoux, Walter Stobaugh and David Senjem. 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. The following Annual Address was given by President John Hunziker. 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. For many years, the Mayor and I have been giving these State of City speeches together. But I have to tell you — we spent more time together preparing for this year's message than we have for any of our previous messages. The reason? Rochester is faced with the most devastating issue our community has ever encountered. Of course, I'm referring to the DM&E Railroad proposal. There is no question that coal trains will directly hurt our pocketbooks, but that's not where it ends. As individuals and as a community, we will pay for these coal trains every day for years to come by surrendering our quality of life. The minutes will pile up as we wait for the trains to pass by at crossings. The screeching train whistles will interrupt our conversations and disrupt our rest. Accidents at train crossings will be more severe, and injured people will wait longer for medical assistance to arrive. All of Rochester's public safety agencies — police, fire and ambulances- share deep concerns about how coal trains will impede their ability to respond to accidents and emergencies. And of course, in their business, every second counts. If the DM&E project is approved, there may be at least 12 times as many trains coming through Rochester as we have today, and they will be much longer trains. Think about the implications for you or a loved one if injured on the opposite side of the tracks. Think about the increased potential and severity of train accidents and derailments. The implications make me shudder. These indirect costs of the increased train traffic cannot be calculated. But, they are every bit as real and unjustified as paying higher taxes to pay costs to mitigate the problems that they will cause. These indirect costs will mount over time, and will ultimately be far more costly to us. For instance, I'd like you to envision the noise barriers that will be necessary to minimize the impact of the thundering coal trains. Picture 25-foot-tall, imposing RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6038 Annual Meeting No. 1 — January 3, 2001 Agenda Item walls, literally dividing our neighborhoods and our community. Looming just a few feet away from hundreds of your homes. Surely you've seen similar walls in urban cities. Ever noticed the graffiti? Perhaps it wouldn't be so bad if these towering walls brought peace and quiet to our community. But they won't. The walls can only reduce sights and sounds of the train, not eliminate them. Such quality of life issues will affect each of us in large and small ways — and they will also affect our visitors. Rochester's economy is highly dependent on the 1.5 million visitors who come here each year from around the world. Indeed, few cities in the United States are as dependent on visitor traffic. Time and again, Rochester has made significant investments to attract and welcome these millions of visitors - from the civic center expansion to parking ramps to signage around town. The increased coal trains would jeopardize these, and future, investments. Take our hospitality industry. Medical, hotel and restaurant businesses in Rochester generate $2.1 billion annually. Even a small percentage drop in visitors would have a multi -million dollar annual impact on the area economy. These indirect costs become very tangible and very expensive when you stop and truly consider the DM&E coal train proposal. I encourage you to let the STB know all the ways the coal trains will negatively affect you as well as Rochester. Keep in mind that the STB granted a 60-day extension of the public comment period for the DM&E proposal, so we now have until March 6 to make our voices heard. The City Council supports the no -build as the best alternative for this area. If, however, the project is going to be approved, then the worst place to put this train traffic is through the heart of the City of Rochester, where its impacts are impossible to adequately mitigate. The coal train issue is the most pressing facing Rochester today, but certainly we'i faced with other issues as well. We, as a council, continue to address other areas of importance to the people of Rochester. Higher education continues to be a priority. As a member of the Greater Rochester Area University Center Board of Directors, I will be getting an up date on the Allied Health Science initiative at the University Center Rochester next week. The Regional Sports complex and the campus road system are under construction and collaboration between the University of Minnesota, Winona State and the Rochester campus is beginning to work very well. The up grade of Highway 52 continues to be planned and property is being acquired. The city is meeting regularly with the Minnesota Department of Transportation to find ways to accelerate the 11-year re -building time frame to a more reasonable 4-5 year time. The city council will be discussing this further in early 2001. One of my goals for 2000 was to have strategic planning sessions with the council and department heads. Each department in the city spent a number of months looking at where they were and what issues and needs they would need to deal with in the next few years. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6039 Agenda Item D-2 D-3 They reported back to us in a series of Committee of the Whole meetings in September, October and November. This allowed us to begin dealing with their concerns in this year's budget. The fire department in particular cited the need to relocate the Fire Station on 2nd St. SW by Hwy. 52 further to the West before the Highway 52 up grade and the need for a fire station south on Hwy. 63 beyond Mills Fleet Farm. Construction design and schedules are being planned. We also budgeted for 5 new fire fighters, knowing we will need a total of 12 when a new station opens probably in 2003. A final issue we will continue to deal with as a council, - one that was continually referred to at the departmental reviews, is the continuing growth and change in Rochester as a city. SMART GROWTH is a concept that we as a city will need to explore as a way to intelligently deal with our growth and change. I believe however, that a tremendous amount of education will be needed before there is an acceptance of these ideas, but we must begin looking at the idea and what advantages it holds for Rochester. Finally, I wish to express my thanks and appreciation to the Mayor and council members for the countless hours, which they spend, tending 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 Senjem moved, Stobaugh seconded, to adopt the following prepared resolutions: Adopted Resolution No. 001-01 adopting the Roberts Rules of Order for the conduct of business by the Council. Adopted Resolution No. 002-01 adopting the Rules and Regulations for Order of Business of the Council. Adopted Resolution No. 003-01 establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Adopted Resolution No. 004-01 adopting the order of succession to discharge the duties of the Councilmember-At-Large in the event of absence or disability. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to approve the following appointments to Committees by President Hunziker. ROCOG BD OF EQUALIZATION STRATEGIC Mayor Canfield McConnell, Chair Hanson Hanson Marcoux Stobaugh RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6040 Annual Meeting No. 1 — January 3, 2001 Agenda Item PI, Marcoux Stobaugh McConnell Senjem RAEDI CONVENTION BUREAU Evans Hunziker Hunziker Senjem HRA RPU Evans Hunziker PERSONNELADV COMMITTEE Stobaugh, Chair Marcoux Hanson DOWNTOWN DEVELOP McConnell Hanson ENVIRONMENTAL Senjem Senjem PASC Hanson Marcoux AIRPORT COMMISSION Hunziker YOUTH COMMISSION Marcoux JOINT EMERGENCY MANAGEMENT Stobaugh McConnell The following State of the City Address was given by Mayor Charles J. Canfield THE STATE OF THE CITY JANUARY 3, 2001 MAYOR CHUCK CANFIELD THE STATE OF THE CITY IS STRONG. ROCHESTER IS BUILDING ON OUR UNIQUE BASE OF THE WORLD'S FINEST MEDICAL CENTER, BALANCED BY A LARGE IBM FACILITY AND SURROUNDED BY ONE OF THE RICHEST AGRICULTURAL AREAS OF THE WORLD, THERE IS A NEW STABILIZING FORCE THAT HAS DEVELOPED IN THE LAST DECADE MORE THAN THREE DOZEN TECHNOLOGY BASED COMPANIES, EACH EMPLOYING MORE THAN 100 EMPLOYEES, ARE FLOURISHING IN THIS AREA. WE ARE RESPONDING TO MEET THE NEEDS OF THIS STRONG EMPLOYMENT MARKET WITH RECORD BREAKING NEW HOUSING STARTS. A TOTAL OF 1,632 NEW DWELLINGS WERE CONSTRUCTED LAST YEAR, OF WHICH 673 WERE SINGLE FAMILY HOMES AND 959 MULTIPLE UNITS. IN 1998 WE ESTABLISHED A NEW RECORD OF BUILDING PERMITS AT 257 MILLION DOLLARS. IN 1999 THE NEW RECORD WAS 386 MILLION AND LAST YEAR WE HIT 430 MILLION DOLLARS. IN THE LAST THREE YEARS ROCHESTER HAS BUILT OVER A BILLION DOLLARS OF NEW BUILDINGS. WE ARE JUST BEGINNING TO FEEL THE IMPACT OF A GREAT 13 MILLION DOLLAR PROGRAM "FIRST HOMES FOR WORKING FAMILIES." THIS PLAN WILL BUILD 900 HOMES IN FOUR YEARS. IT IS SPONSORED PRIMARILY BY THE MAYO FOUNDATION AND ROCHESTER AREA FOUNDATION. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6041 Agenda Item EMPLOYEES OF ALL COMPANIES WITHIN THIRTY MILES ARE ELIGIBLE FOR THIS GENEROUS AND INNOVATIVE PROGRAM. WE HAVE HAD A GREAT YEAR BUT WE ARE FACING A CATASTROPHE. COUNCIL PRESIDENT JOHN HUNZIKER AND I AGREE THAT THE COAL TRAIN PROPOSAL IS THE MOST IMPORTANT ISSUE THAT HAS FACED ROCHESTER SINCE THE FLOOD CONTROL PROJECT. AND OF THE FOUR OPTIONS THE STB WILL ULTIMATELY CHOOSE, THE ONLY GOOD OPTION FOR ROCHESTER AND OLMSTED COUNTY IS THE NO -BUILD ALTERNATIVE. AN UPGRADE THROUGH TOWN OR A BYPASS TO THE SOUTH WILL HURT ALL OF US, FOR MANY REASONS. IF THE PROJECT IS APPROVED, A BYPASS IS OUR ONLY SUPPORTABLE ALTERNATIVE. IT'S IMPORTANT FOR ALL RESIDENTS TO UNDERSTAND THAT THERE IS ABSOLUTELY NOTHING IN THE DM&E'S EXPANSION PLAN THAT WILL BENEFIT THE CITY OF ROCHESTER. THE QUESTION IS, HOW BADLY WILL THESE COAL TRAINS HURT US? A LOT! POSSIBLY MORE THAN ANY OF US CAN IMAGINE. THE POTENTIAL FOR 34 COAL TRAINS GOING THROUGH THE CENTER OF OUR CITY WOULD THREATEN OUR SAFETY, DAMAGE OUR ECONOMY AND DESTROY OUR QUALITY OF LIFE. THAT IS WHY I SUPPORT THE NO -BUILD OPTION, ONE OF THE FOUR ALTERNATIVES GIVEN FOR THE DM&E PROJECT, AS OUTLINED IN THE SURFACT TRANSPORTATION BOARD'S ENVIRONMENTAL IMPACT REPORT. THE NO -BUILD OPTION WOULD ENABLE THE DM&E TO CONTINUE TO OPERATE IN OUR COMMUNITY AT ITS CURRENT LEVELS. THE NO -BUILD OPTION WOULD PROTECT ROCHESTER'S FUTURE. THE PROBLEM IS, THE CITY OF ROCHESTER HAS NO CONTROL OVER WHICH OF THE FOUR ALTERNATIVES WILL ULTIMATELY BE CHOSEN FOR THE DM&E. THAT'S THE STB'S JOB. BECAUSE WE DON'T HAVE CONTROL OVER THIS DECISION, WE HAVE TO PREPARE ROCHESTER FOR THE POSSIBILITY THAT THE STB MAY NOT CHOOSE THE NO -BUILD OPTION. IF THE STB ALLOWS THE DM&E TO UPGRADE ITS EXISTING TRACKS THROUGH THE MIDDLE OF TOWN, THERE WILL BE A HIGH COST TO THE PEOPLE OF ROCHESTER BECAUSE THE STB IS UNLIKELY TO DEMAND THAT THE DM&E PAY FOR THE NECESSARY GRADE SEPARATIONS. THE STB WILL ALSO NOT REQUIRE THE DM&E TO BUILD A BYPASS SOUTH OF ROCHESTER UNLESS ROCHESTER PAYS A SUBSTANTIAL SHARE OF THE COST. EITHER WAY, ROCHESTER WILL BE FACED WITH PAYING MILLIONS OF DOLLARS FOR MITIAGATION — SUCH AS PAYING FOR FIVE OR MORE AT - GRADE CROSSINGS IN ROCHESTER OR PAYING A COST SHARE FOR A BYPASS. IN ADDITION, IF THE TRACKS ARE UPGRADED THROUGH ROCHESTER, HUNDREDS OF HOMES WILL BE AFFECTED. PROPERTY OWNERS ADJACENT TO THE TRACKS WILL SEE THEIR PROPERTY VALUES DECLINE. YOU MAY CRY OUT AT THE INJUSTICE, AS I HAVE, BUT PREPARE FOR THAT DECISION. IN A REASONABLE WORLD, ROCHESTER SHOULD NOT HAVE TO PAY FOR ANYTHING FOR MITIGATION ON THE EXISTING ROUTE OR A SHARE OF THE BYPASS COSTS. UNFORTUNATELY, THERE IS A STRONG LIKELIHOOD RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6042 Annual Meeting No. 1 — January 3, 2001 Agenda Item THAT WE WILL HAVE TO PAY SOME SIGNIFICANT COSTS IF THE PROJECT IS APPROVED. THE DM&E HAS HAD SOME SUCCESS IN PITTING ROCHESTER RESIDENTS AGAINST THEIR RURAL NEIGHBORS, AND VICE VERSA. OF COURSE, THE DM&E CAN SIT BACK AND ENJOY AS OUR COMMUNITY BECOMES DIVIDED. BECAUSE INFIGHTING DILUTES THE CONTROVERSY OVER THE DANGERS OF THEIR COAL TRAINS. WHETHER THE DM&E GETS AN UPGRADE THROUGH TOWN OR A BYPASS TO THE SOUTH, THE RAILROAD WINS. IN BOTH OF THESE SCENARIOS, WE ALL LOSE — BOTH ROCHESTER AND RURAL CITIZENS. AS YOU CAN SEE, THE COAL TRAINS HAVE BECOME ALMOST THE SINGULAR ISSUE IN ROCHESTER. WHILE WE DO HAVE OTHER IMPORTANT PRIORITIES THE COAL TRAIN ISSUE AFFECTS EACH AND EVERY ONE OF US. I URGE EVERYONE WHO CARES FOR THIS COMMUNITY TO SPEAK OUT TO THE STB. THIS CITY IS BUILDING ITS OWN FUTURE WITH DECISIONS THAT WE CAN MAKE RIGHT HERE IN ROCHESTER. WE HAVE TAKEN A PAGE FROM THE BOOK "REINVENTING GOVERNMENT" AND HAVE SPONSORED AN INDEPENDENT GROUP, THE ROCHESTER NEIGHBORHOOD RESOURCE CENTER. RATHER THAN BUILD ANOTHER DEPARTMENT OF CITY GOVERNMENT AS MANY CITIES HAVE DONE, WE HAVE SPUN OFF THE MAYOR'S ADVISORY COMMITTEE ON NEIGHBORHOODS TO CREATE THE RNRC. THE RNRC IS A VOLUNTEER POWERED ORGANIZATION THAT HAS HIRED SUSAN WAUGHTAL AS ITS DIRECTOR. THEY CAN COORDINATE THE ACTIVITIES OF THE FIFTEEN NEIGHBORHOOD ORGANIZATIONS, HELP THEM WITH THEIR NEWSLETTERS, FIND GRANTS FOR THEM, AND HELP OUR CITIZENS CONNECT TO ALL THE FUNCTIONS OF CITY GOVERNMENT. POLICE CHIEF, ROGER PETERSON, REMINDS US HOW COMMUNITY POLICING HAS PLAYED A SIGNIFICANT ROLE IN DROPPING CRIME RATES AND INCREASED PUBLIC SAFETY. CHIEF PETERSON SAYS, "THE SINGLE MOST CRITICAL ASPECT OF OUR COMMUNITY POLICING EFFORT IS ESTABLISHING AND MAINTAINING GOOD COMMUNICATION WITH THE CITIZENS OF OUR COMMUNITY." HE IS ENTHUSIASTIC ABOUT THE CONNECTIONS THAT THE RNRC MAKES POSSIBLE. IF YOU WOULD LIKE TO HAVE A NEIGHBORHOOD ORGANIZATION IN YOUR AREA, PLEASE CALL THE MAYOR'S OFFICE AT 285-8080 UNTIL SUSAN AND THE RNRC GET THEIR PHONE SERVICE. AS WE ARE MAKING GREAT PLANS TOGETHER, I SUGGEST THAT WE FOCUS ON THREE GREAT PROJECTS. IT IS TIME TO MAKE SOLID PLANS TO FINALLY BUILD A YOUTH CENTER IN ROCHESTER. WE HAVE MADE OFFERS IN THE PAST TO HELP MAKE THIS DREAM COME TRUE BUT NO ORGANIZATION HAS OFFERED TO PAY FOR ITS OPERATIONS OR TO ORGANIZE ITS CAPITAL CAMPAIGN. NOW THE BOYS AND GIRLS CLUB OF ROCHESTER HAS OFFERED TO DO THIS. THOUSANDS OF CITIES ARE 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6043 Agenda Item 1 WORKING WITH BOYS AND GIRLS CLUBS NATIONALLY, TO SUCCESSFULLY OPERATE A FACILITY THAT OTHER YOUTH ORGANIZATIONS USE IN A COOPERATIVE BASIS. OUR BOYS AND GIRLS CLUB IS A BEEHIVE OF ACTIVITY IN A SMALL OFFICE BUILDING ON 15TH AVENUE SE. THIS IS CLEARLY INADEQUATE. NOW WE MUST CHOOSE A SITE AND STICK WITH IT AND PARTICIPATE IN A CAPITAL CAMPAIGN. THIS IS THE YEAR WE WILL COMPLETE OUR PLANS TO TAKE AN AREA OF EXHAUSTED SAND AND GRAVEL PITS WEST OF HIGHWAY 52 AND START ITS CONVERSION INTO CASCADE LAKE AND CASCADE PARK. FORTUNATELY, WE ARE WORKING WITH GOOD LAND OWNERS WHO ARE WILING TO HELP THEIR CITY COMPLETE THESE ARRANGEMENTS. WE WILL FORMALIZE THESE PLANS. I WILL INVITE A GROUP OF ROCHESTER DOWNTOWN STAKEHOLDERS TO MEET WITH THE COUNCIL ON JANUARY 31ST OF THIS YEAR TO DISCUSS FUTURE DEVELOPMENT OF OUR DOWNTOWN CORE. MAYOR NORM COLEMAN OF ST. PAUL HAS AGREED TO BRING HIS PRIMARY PLANNING STAFF TO ROCHESTER AND SPEND THE AFTERNOON WITH US. HE WILL TELL US HOW THE RENAISSANCE OF ST. PAUL WAS ACCOMPLISHED. WE CAN DISCUSS HOW WE CAN USE THE ST. PAUL EXAMPLE AND DETERMINE HOW DOWNTOWN GROWTH WILL PROCEED AFTER THE COMPLETION OF THE BROADWAY PLAZA. THE BROADWAY PLAZA IS A MIXED USE RESIDENTIAL TOWER 26 STORIES TALL, AT BROADWAY AND FIRST STREET SOUTHWEST. FINALLY, I WOULD LIKE TO TALK TO YOU ABOUT HOW THE WORLD IS CHANGING, HOW ROCHESTER IS CHANGING, AND SUGGEST A RESPONSIBLE COURSE TO ADDRESS THESE CHANGES. MOST OF US GREW UP IN SMALL MIDWESTERN TOWNS. MANY OF US NEVER HAD A FRIEND OF A DIFFERENT COLOR OR EVEN OF A DIFFERENT FAITH. OUR CHILDREN WILL GROW UP IN A VERY DIFFERENT WORLD. TEN OF OUR GRADE SCHOOLS HAVE OVER 20% MINORITY CHILDREN AND THREE HAVE OVER 40% MINORITY CHILDREN. THESE CHILDREN MUST HAVE AN EDUCATIONAL EXPERIENCE THAT PREPARES THEM FOR SUCCESS WITHOUT THE STRAIN OF RACISM INTERFERING WITH THE PROCESS. THEIR PARENTS HAVE THE SAME HOPES AND DREAMS FOR THEIR CHILDREN AS WE HAVE FOR OURS, AND NONE OF OUR CHILDREN WILL HAVE THE LIFE EXPERIENCE THAT THEY DESERVE IF THE EVILS OF RACIAL HATRED ARE NOT DISCUSSED AND CHALLENGED IN OUR HOMES. I NEVER TALKED TO MY CHILDREN ABOUT PROMOTING RACIAL JUSTICE AS ONE OF THE GOALS IN THEIR LIFE. I PROMISE MYSELF TODAY THAT I WILL DO A BETTER JOB OF HELPING MY GRANDCHILDREN PREPARE FOR THEIR WORLD AND I WILL ASK MY KIDS TO HELP ME. THE NATIONAL LEAGUE OF CITIES HAS STARTED A CAMPAIGN OF "UNDOING RACISM." ELEANOR ROOSEVELT WARNED US THAT "IT IS NOT ETHICAL TO REFUSE TO START A WORTHY TASK, BECAUSE IT IS TOO 6044 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 Agenda Item D-5 D-6- 11,13- 19,21- 22 D-6 GREAT." SO WE WILL START RIGHT HERE IN ROCHESTER WITH FOUR STEPS. • FACE THE FACTS — (UNDERSTAND THE SITUATION IN ROCHESTER) • SHOW WHAT IT TAKES — (MODEL BEHAVIOR AND ATTITUDE) • MAKE THIS CITY PART OF THE SOLUTION — (DEVELOP POLICIES AND PROGRAMS.) • REACH OUT TO OTHERS — (CONTACT ME IF I CAN HELP YOU AND EXPECT A CALL IF YOU CAN HELP ME UNDO RACISM. THE ORGANIZATIONS OF OUR CITY ARE ALREADY AT WORK TO UNDO RACISM. THE 21ST CENTURY PARTNERSHIP INCLUDES A DIVERSITY ACTION PLAN AND THEY ARE WORKING WITH THE DIVERSITY COUNCIL AND OTHERS TO ADDRESS THE ISSUES OF RACISM IN OUR COMMUNITY. I WILL USE THIS NATIONAL FOUR STEP PLAN TO SUPPORT THEIR EFFORTS. IN THE MEANTIME, TALK TO YOUR CHILDREN ABOUT RACIAL JUSTICE AND TREATING ALL PEOPLE FAIRLY. YOU CAN BET THAT THE HATE MONGERS ARE TALKING TO THEM ALREADY. I HAVE NEVER BEEN MORE PROUD OFOUR CITY AS WHEN SO MANY OF US PLEDGED "NOT IN OUR TOWN' IN DEFIANCE OF HATE AND RACIAL VIOLENCE. WE MADE CLEAR WHAT OUR COMMUNITY STANDARDS ARE. THEN OUR STUDENTS LED US WITH THE PLEDGE "I AM THE ONE WHO WILL MAKE THE PEACE." THE NEXT STEP IS TO GIVE A POSITIVE MESSAGE TO EVERY CHILD. GOD BLESS YOU DURING THIS NEW YEAR AND THANK YOU ALL FOR WHAT YOU HAVE DONE FOR THE CITY AND FOR EACH OTHER IN THE LAST YEAR. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 005-01 designating the Rochester Post Bulletin as the official newspaper for the City of Rochester for the official year commencing January 3, 2001. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to approve the following consent agenda items. No minutes were available. Approved the establishment of annual salaries for the Councilmembers at $16,147, Council President at $20,632, and Mayor at $28,003 for the year 2001 and instructed the City Attorney to prepare the required ordinance for adoption. r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6045 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 Adopted Resolution No. 006-01 approving a mileage allowance for the Mayor of $145 per month for 2000 and $150 per month for 2001. Approved transferring $5,000 from the 2000 Contingency Account for the 2001 Highway 14 Partnership membership. Adopted Resolution No. 007-01approving the extending of Jerry Dooley's contract as Neighborhood Coordinator through January 31, 2001 and appropriating $1,416.55 from the 2001 Contingency Account to fund the services. Adopted Resolution No. 008-01 approving an amendment to Paragraph 7 of the River's Edge Purchase Agreement changing the construction start date from April 1, 2001 to August 1, 2001 and authorize the Mayor and City Clerk to execute the necessary documents. See at end of D Items. Approved the following licenses and miscellaneous activities. Gambling — Temporary SE Minnesota Center for Independent Living — Raffle — February 2, 2001 Washington Elementary School PTA — Raffle — February 24, 2001 Ben Franklin PTA — Raffle — February 24 and May 5, 2001 Approved an On -Sale Beer and Wine License for Donald W. McBurney DBA The Sandtrap Indoor Golf Facility and Restaurant at 1618 Highway 52 North. Approved Accounts payable in the amount of $1,954,303.94. Accepted donations from Elmer LaBrash, Nancy Duxbury and John and Karen Theim for the Restoration of the Sayers and Scovil Fire Engine. Approved the appointment of Lisa Wiesner to the Planning and Zoning Commission for the period ending December 31, 2003. Adopted Resolution No. 009-01 for the execution of all Utility Connection Agreements for participation in the Water Quality Protection Program by the Mayor and City Clerk. Adopted Resolution No. 010-01amending Paragraph 4.0 of Section C "Special Parking Zones" (Zone A — General) to read: (4.0) Alley behind 311 Second Avenue N.W., on the east side from 3rd Street to Civic Center Drive (four spaces for the Johnson Printing Company) at a monthly fee of $20 per space. Ayes (7), Nays (0). Motion carried. See at end of D items. Approved the following resolutions dealing with banking items: r�— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6046 Annual Meeting No. 1 — January 3, 2001 Agenda Item D-22 D-12 Resolution Nos. 011-01 and 012-01 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. 013-01 authorizing facsimile signature and endorsement of Certificates of Deposits. Resolution Nos. 014-01 and 015-01 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. Approved initiating the annexation of the 1901 Bamber Valley road property together with public right-of-ways, easements, and roads within, abutting, and adjacent to the parcel. Ayes (7), Nays (0). Motion carried. Councilmember Senjem questioned increasing the water rates 5% and asked if 4% would be adequate. Larry Koshire, RPU Director, explained the increase was to keep the reserves needed for future planning. The reserves have been affected by the city's rapid growth. Councilmember Senjem moved, Stobaugh seconded to approve the following Public Utility Resolutions: Adopted Resolution No. 016-01 approving an insurance agreement with Hartford Steam Boiler Company for furnishing All Risk Property Insurance to December 31, 2001 at a cost of $200,208.00. Adopted Resolution No. 017-01approving an insurance agreement with the League of Minnesota Cities Insurance Trust for Commercial Automobile and General Liability to December 31, 2001 for $100,924.00. Adopted Resolution No.018-01 approving an insurance agreement with Associated Electric and Gas Insurance Services, Ltd. for furnishing Excess General Liability Insurance to December 31, 2001 for $42,177.00. Adopted Resolution No.01 9-01 approving a purchase order agreement with L&L Substation for substation materials at $165,216.00. RECORD OF 'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 3, 2001 6047 1 Agenda Item Adopted Resolution No.020-01 approving a 5 percent increase in water revenue rates effective January 4, 2001. Adopted Resolution No. 021-01 approving a Power Marketing Services Agreement with Omaha Public Power District subject to final review by the General Manager and City Attorney. Ayes (7). Nays (0). Motion carried. D-20 Councilmember Senjem requested the DM&E item be pulled. He felt the importance of the issue should be discussed. Councilmember Evans expressed his support of the work done already but questioned what more the Stop the Coal Train organization could do outside of what they had already done. Wishing to be heard was John Wade, 1503 20th Ave. NE, Co -Chair of the Stop the Coal Trail organization. Mr. Wade explained that the money raised at this point would be used to support representatives in the quest to contact legislators at the state and federal level, STB representatives, and continue educating the public on this issue. Councilmembers Senjem moved, Stobaugh seconded to approve the request for $25,000 from the Contingency Fund to support the Stop the Coal Train Organization. Ayes (6), Nays (0). Marcoux abstained (Organization Boardmember). Motion carried. E-1 A Hearing on Preliminary Plat #00-48 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision 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. Wishing to be heard was Wade Dumond, Yaggy Colby, representing the applicant available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approved the Preliminary Plat #00-48 by Arnold Bomgaards to be known as Spruce Meadows with six conditions and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on the Proposed Reduced Fare Program for Rochester City Lines. Wishing to be heard was Tony Knauer, Public Works Department, was present to answer any questions. Councimembers Evans moved, Stobaugh seconded to adopt Resolution No. 022- 01 to determine eligibility for half -are benefits during off-peak times on Rochester RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6048 Annual Meeting No. 1 — January 3, 2001 Agenda Item E-3 F-1 G-2a City Lines. (Ayes), Nays (0). Motion carried. A Hearing on the Proposed Fare Increase on ZIPS Dial -A -Ride Program. Wishing to be heard was Tony Knauer, Public Works Department, was present to answer any questions. Councilmembers Stobaugh moved, McConnell seconded to adopt Resolution No. 023-01 approving a fare increase on ZIPS Dial -A -Ride from eight rides for $10.00 five rides for $10.00 for both urban and suburban service effective January 29, 2001. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to approve the Findings of Fact, Conclusions of Law, and Order related to Appeal #00-04 of Variance Request #00-32 by Frank Kottschade. Ayes (7), Nays (0). Motion carried. An Ordinance Establishing the Salaries of the Mayor, Councilmember-at-large, and Councilmembers, was given a first reading. Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. Deputy City Cterk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 17, 2001 6049 Agenda Item No one wished to be heard during the Open Comment Period. A-1 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. Absent: Walter Stobaugh. C-1 Councilmember McConnell requested that the Open Comment Period of the agenda be televised. He stated that because of the restrictions and the lack of televising citizen comments, the process has deteriorated into a nearly complete failure. Councilmember McConnell said that we are beginning to forget that the public is the boss and we are merely employees. Councilmember McConnell moved that the restrictions of four minutes, once per month, be retained. All other restrictions on prior bureaucratic arrangements and denial of recording and televising be abolished with the open comment period to be part of the formal council proceedings. Motion failed for lack of second. C-2 Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 024- 01 referring to the Public Works Department for a feasibility study a petition for the installation of sidewalks in the Green Meadows Area as a part of the street rehabilitation project. Ayes (6), Nays (0). Motion carried. D-1-25 Councilmembers Evans moved, Hanson seconded, to approve the following consent agenda items. D-1 No minutes were approved. D-2 Adopted Resolution No. 025-01 requesting MnDOT to proceed with the reconstruction of the TH52 corridor using the five-year reconstruction alternative. D-3 Adopted Resolution No. 026-01 setting forth the terms of the department heads' meet and confer agreement for the 2001 compensation. D-4 Approved the following licenses and miscellaneous activities: On -Sale 3.2 Beer — Temporary Church of St. Pius — Polka Mass and Dance — February 3, 2001 On -Sale 3.2 Beer Pizza Plus, 14 17th Avenue N.W. Dance — Single Church of St. Pius — Polka Mass and Dance — February 3, 2001 Gambling — Temporary Rochester Ducks Unlimited — Raffle at Holiday Inn South — March 30, 2001 D-5 Approved Accounts Payable in the amount of $2,729,922.20. 6050 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 17, 2001 Agenda Item W D-7 92 M D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 Adopted Resolution No. 027-01 approving the execution of the three letters of engagement to audit both the City's general purpose financial statements, the public utility's statements and the City's Urban Mass Transportation Program for fiscal year ending December 31, 2000. Adopted Resolution No. 028-01 granting a general wage increase and eligibility for merit increases effective January 1, 2001 to job titles not listed in other agreements. Acknowledged the appointment of Al Kuehl to the position of Police Lieutenant effective February 1, 2001. Acknowledged the appointment of Robert Miller to the position of Police Sergeant effective February 1, 2001. Acknowledged the appointment of Pat Donnelly to the position of Police Lieutenant effective February 1, 2001. Acknowledged the appointment of Elisa Umpierre to the position of Police Sergeant effective February 1, 2001. Adopted Resolution No. 029-01 approving annexation by Petition #00-18 by Western Walls for annexation of lands in Rose Harbor Second and Fourth Subdivisions. Adopted Resolution No. 030-01 approving execution of the Development Agreement with Forbrook/Bigelow Development for the Manor Woods West 12cn Development. w Adopted Resolution No. 031-01 acknowledging the City's support, sponsorship and priority of the State Transportation Improvement Program road projects, including a commitment to secure and guarantee the local share of the project costs including the construction costs, all the design and inspection costs, and all the right-of-way costs. Adopted Resolution No. 032-01 authorizing the City to advertise for bids for sanita sewer flow monitoring and rainfall monitoring equipment and installation. Adopted Resolution No. 033-01 amending the previously adopted Water Quality protection Program to include Allowances for private tank, risers, 1-1/2" grinder or 2" sewage injection pumps, excavation, installation, hookup, backfill and electrical service in an amount equal to the actual cost not to exceed $4,000 per property. Adopted Resolution No. 034-01 adding Paragraph (70.2) of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (70.2) Fourth Avenue SE, in the 1100 block, on the east side of the street, two spaces for Kalico Kids Daycare at 114 Fourth Avenue SE, 15 minute limit, from 7:00 AM to 6:00 PM, Monday through Friday. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 17, 2001 6051 Agenda Item D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 E-1 Adopted Resolution No. 035-01 adding Paragraph (3.6) of Section C "Special Parking Zones" (Zone A — General) of the Comprehensive Traffic and Parking Resolution Book, to read: (3.6) Second Street SW/10 Block on the south side, west of the alley, 1 space for Mayo Delivery Vehicles, from 6:00 AM to 4:00 PM, Monday through Friday. Adopted Resolution No. 036-01 approving Change Order #1 in the amount of $6,168 to Winkels Electric for Project No. 9859 (J-6394) "Traffic Signal Installation at Second Street and 16th Avenue S.W." Adopted Resolution No. 037-01 making the following changes to the Comprehensive Traffic and Parking Resolution Book, to read: A) amending Paragraph (97.5) of Section E "Passenger Loading Zones" to read: (97.5) Fifteenth Avenue SW, on the west side of the street, from 6th Street to 71h Street, "No Parking, Passenger Loading Only, 7:00 AM to 4:00 PM School Days Only" B) delete Paragraph (19.8) of Section C "Special Parking Zones" Adopted Resolution No. 038-01 authorizing the City Clerk to advertise for bids for the furnishing and installation of a fiber optics Local Area Network (LAN) at the Water Reclamation Plant. Adopted Resolution No. 039-01 approving a contract between the City of Rochester and Agronomy Services Plus, Inc. to continue consulting services through December 31, 2001 for the Water Reclamation Plan for the application of biosolids at the Rochester International Airport. Adopted Resolution No. 040-01 authorizing execution of the software license agreement with Vertex, Inc. for Quantum Payroll system tax rate software. Adopted Resolution No. 041-01 authorizing the Mayor and City Clerk to execute guaranteed investment contract documents with MBIA for the RPU bond proceeds, and to execute all future guaranteed investment contract documents under Mn Statutes 118A.05, subd. 5, as recommended by City staff and financial consultant. Approved the appointment of David Nelson to the Library Board for the period ending January 2004. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to permit the construction of a transfer 6052 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 17, 2001 Agenda Item E-2 E-3 station located along the east side of 111h Avenue S.W. and south of 101h Avenue S.W. The applicant requested a continuance of the hearing until February 21, 2001. They are in agreement to waiving the 60-day rule while the item is continued. No one wished to be heard at this time. Councilmembers Hanson moved, Marcoux seconded, to continue the hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to February 21, 2001. Ayes (6), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to designate land for commercial use on property located along the north side of 48th Street S.W., west of TH 63, and east of 11th Avenue S.W. The applicant has requested that the item be continued to February 5, 2001. No one wished to be heard at this time. Councilmembers Hanson moved, Marcoux seconded, to continue the hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to February 5, 2001. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone from R-1 to M-1 and R-1 to R-2 property located along the north side of 48th Street S.W., west of TH 63, and east of 11' Avenue S.W. The applicant has requested that the item be continued to February 5, 2001. No one wished to be heard at this time. Councilmembers Marcoux moved, Evans seconded, to continue the hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to February 5, 2001. Ayes (6), Nays (0). Motion carried. E-4 A Hearing on General Development Plan #159 by R.L. Hexum & Associates to develop land located along the north side of 48th Street S.W., west of TH63 and east of 11th Avenue S.W. The applicant has requested that the item be continued to February 5, 2001. No one wished to be heard at this time. Councilmembers Evans moved, McConnell seconded, to continue the hearing on General Development Plan #159 by R.L. Hexum & Associates to February 5, 2001. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 17, 2001 6053 Agenda Item E-5 E-6 E-7 G-2a A Hearing on Preliminary Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc. to be known as Southern Hills Third located west of 11th Avenue S.W., south and west of Southern Hills and north of Southern Hills Second. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Preliminary Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc. to be known as Southern Hills Third with six conditions and the change to condition #3. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #00-16 by BARCO Company to annex land located north of East Circle Drive, west of Century High School and east of the Deerhaven Development. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Annexation Petition #00-16 by BARCO Company and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6222-1-00 (J- 9725) "Curb, Gutter, and Overlay on 22Id Street N.E. from 7th Avenue to 101h Avenue and 7th-10th Avenues N.E. from Northern Heights Drive to 22"d Street N.E. and 215t Street". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 042-01 accepting the feasibility study and approving the making of Project No. 6222-1-00 (J-9725) "Curb, Gutter, and Overlay on 22" Street N.E. from 7th Avenue to 10th Avenue and 71h-10th Avenues N.E. from Northern Heights Drive to 22"d Street N.E. and 21 st Street". Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6222-1- 00 (J-9725) "Curb, Gutter, and Overlay on 22"d Street N.E. from 7th Avenue to 10th Avenue and 7th-10th Avenues N.E. from Northern Heights Drive to 22"d Street N.E. and 21 st Street". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 043- 01 approving the proposed assessment for Pro �ect No. 6222-1-00 (J-9725) "Curb, Gutter, and Overlay on 22"d Street N.E. from 7t Avenue to 10th Avenue and 71h _10th Avenues N.E. from Northern Heights Drive to 22"d Street N.E. and 215t Street". Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 53.9 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the Southwest r— . RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6054 Regular Adjourned Meeting No. 2 — January 17, 2001 Agenda Item G-3a Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota. (north of East Circle Drive, west of Century High School and East of the Deerhaven Development) 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. (extended to February 23, 2001) Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. r J / �i ify Clerk RECORD OF OFFICIAL PROCEEDINGS OF `THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6055 Agenda Item A-1 Wishing to be heard was Terry Bowman, 921 16 % Street S.E. Mr. Bowman was present to express his concern over the lack of a traffic signal at the corner of 3d Avenue and 16th Street S.E. (by Graham Arena). He has contacted Dave Rossman of the Traffic Department and obtained information that shows that there are approximately 19,000 cars using the intersection each day. Mr. Bowman indicated that a number of traffic accidents could have been prevented if traffic signals had been in place. Mr. Bowman presented a petition from residents of the First Ward supporting a traffic signal at the intersection. Mr. Bowman obtained the signatures on election day by setting up an information booth in his car trunk close to the First Ward First Precinct (Ben Franklin School) location. 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 C-1 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 044- 01 referring a petition from CCM, Inc. requesting the city to provide sewer and water services to a portion of Section 34, Rochester Township, to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. D-1-36 Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items: D-1 Approved the minutes of the December 18, 2000, January 3, 2001, and January 17, 2001, council meetings. D-2 Approved the salary for the City Administrator at $117,000 for the 2001 year with life insurance and personal leave benefits as granted to the department heads. D-3 Approved initiating the rezoning of 47 acres of Historical Property and referred the request to the Planning and Zoning Commission for their review and recommendation. D-4 Adopted Resolution No. 045-01 authorizing the execution of contracts for consultant services with Short Elliot Hendrickson, Inc. to review the DEIS for the DM&E Railroad Project with regard to noise and geological issues. D-5 Adopted Resolution No. 046-01 amending the Zumbro Market Development Contract to read: 1. The parking property shall be used for public parking only. 2. The parking rates charged by the City for parking on the property shall be as established by the City Council and may be amended by the City Council from time to time, and Authorizing a contract amendment with Republic Parking Systems that would add 50 percent of the Municipal Lot #13, "Zumbro Market Lot" to their management contract, and 6056 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 Agenda Item s. D-7 M• D-10 D-11 D-12 Adding a monthly rate of $48.00 to the Comprehensive Traffic and Parking Resolution Book, to read: Chapter K "Municipal Parking System", Section II (Hours and Rate), Paragraph B (Surface Lots), Lot 13 "Zumbro Market Lot" at $48.00 per month, limited from 6:00 A.M. to 6:00 P.M., Monday through Friday. Adopted Resolution No. 047-01 entering into operating agreements with Northwe American, Mesaba and TWE/Chautauqua Airlines for the Rochester International Airport to expire on December 31, 2003. Adopted Resolution No. 048-01 transferring the remainder of the lease for Rochester Car Rental (Avis) to Midwest Wheels, Inc. to do business as Avis Rent Car to expire on December 31, 2005. Adopted Resolution No. 049-01 purchasing a Crosswind Pickup Sweeper off the State contract for $142,231.66 and purchasing a mower tractor from Podein's Power Equipment in the amount of $15,792.89 for the Rochester International Airport. Adopted Resolution No. 050-01 authorizing the execution of a professional servi agreement with McGhie & Betts for Project J-6937 "Expansion of the General Aviation Ramp and the Additional of New Ramp Lighting". Adopted Resolution No. 051-01 authorizing the execution of a professional service agreement with ACSG, Inc. for Project No. J-6965 "New General Aviation Arrival and Departure Building at the Rochester International Airport". Adopted Resolution No. 052-01 authorizing the execution of a professional service agreement with ACSG, Inc. for Project No. J-6970 "Expansion of Lower Level Passenger Gates 3 and 4 at the Rochester International Airport". Adopted Resolution No. 053-01 authorizing the execution of a professional service agreement with ACSG, Inc. for Project No. J-6971 "Environmental Assessment on the Extension of Runway 13-31 ". D-13 I Adopted the following Rochester Public Utility resolutions: Resolution No. 054-01 approving a purchase agreement with WESCO for cable and conductor in an amount of $36,414.00. Resolution No. 055-01 approving a purchase agreement with Border States Electril for cable and conductor in an amount of $79,350.00. Resolution No. 056-01 approving a purchase agreement with RESCO for cable anc conductor in an amount of $138,659.30. Resolution No. 057-01 approving a purchase agreement with Hendrix for cable anc conductor in an amount of $96,076.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6057 Agenda Item D-14 1 F� Resolution No.058-01 approving a purchase agreement with Siemens Westinghouse to upgrade and convert to dual fuel the Cascade Creek Gas Turbine Westinghouse 251 B2 in an amount of $2,286.140.00. Resolution No. 059-01 approving a payment to the State of Minnesota Department of Natural Resources to the 2000 water use fee for the Silver Lake Plant in an amount of $36,623.24. Approved the following Licenses and Miscellaneous Activities: 3.2 BEER —TEMPORARY Olmsted County Fair Board Olmsted County Fair July 31-August 6, 2001 ON -SALE LIQUOR - TEMPORARY Church of St. Pius 1315 12th Avenue N.W. GAMBLING — PREMISE PERMIT Creative Learning Ideas for Mind & Body, Inc. at Colonial Lanes, 1828 14th Street NW GAMBLING - TEMPORARY Aldrich Memorial Nursery School 855 Essex Parkway NW Raffle on May 5, 2001 Church of the Resurrection 1600 11th Avenue SE Raffle on February 25, 2001 Request waiver of waiting period John Adams PTA 1524 31 st Street NW Bingo on February 23, 2001 Request waiver of waiting period RECORD OF OFFICIAL PROCEEDINGS -OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6058 Regular Meeting No. 3 — February 5, 2001 Agenda Item Hiawatha Chapter of National Wild Turkey Federation At Rochester Marriott Hotel Raffle on March 23, 2001 Hawthorne PTA At Mayo Civic Center Raffle May 3, 2001 National REGAP Network At Collins Feed & Seed Center Raffle February 27, 2001 40/8 Honor Society of American Legion at Comfort Inn Raffle August 12, 2001 HEATING, VENTILATING & AIR CONDITIONING Steve Johnson Johnson Electric & Heating, Inc. Lime Springs, Iowa Lohuis Construction, Inc. (renewal) McIntire, Iowa 50455 MASTER INSTALLER Steve Johnson Lime Springs, Iowa Robert D. Lohuis (renewal) McIntire, Iowa SOUND AMPLIFICATION PERMIT Olmsted County Fair Board Olmsted County Fair July 31-August 6, 2001 SIGN INSTALLER Scenic Sign Corporation Sauk Rapids RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6059 Agenda Item D-15 D-17 D-18 D-19 D-20 D-21 D-22 D-23 MISCELLANEOUS STREET ACTIVITIES American Diabetes Association Bicycling Event Silver Lake East Shelter to South Fork Zumbro Trail June 2, 2001 National Multiple Sclerosis Society National MS Walk at Soldiers Field Memorial April 22, 2001 March of Dimes Walk-A-Thon Use of bike paths from Elks Club and Return April 28, 2001 Adopted Resolution No. 060-01 approving the submission by the Rochester Fire Department for a state training grant to provide hazardous materials and fire training for Rochester and area fire departments. Approved the appointment of Michael Mullen to the Housing and Redevelopment Authority for a term running through December 31, 2001. Approved the appointment of Robert Nowicki to the Police Civil Service Commission. Approved the appointment of Steven McMaster to the Library Board running to January 2003. Approved the text amendment to Section 63.222 and 63.224 on banner regulations and instructed the City Attorney to prepare the required ordinance for adoption. Approved the roadway name change from Notting Hill Lane N.W. to Knotting Hill Lane N.W. and instructed the City Attorney to prepare the required ordinance for adoption. It was also requested that the rules be suspended and the ordinance be given a first and second reading at the February 5, 2001, meeting. Approved the roadway name change from Lexington Street N.W. to Lexington Place N.W. and instructed the City Attorney to prepare the required ordinance for adoption. It was also requested that the rules be suspended and the ordinance be given a first and second reading at the February 5, 2001, meeting. Adopted Resolution No. 061-01 approving cooperative agreements with MnDot for Traffic Control Signal Agreement No. 81212R and Cooperative Construction Agreement No. 81136 for Improvements to TH63 from Fourth Street to Northern Heights Drive in 2001. Adopted Resolution No. 062-01 approving execution of Amendment #2 to the Development Agreement with IBM to extend the date for dedicating the TH52 West Frontage Road right-of-way until August 1, 2001. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6060 Regular Meeting No. 3 — February 5, 2001 Agenda Item D-24 Adopted Resolution No. 063-01 approving execution of the Development Agreement with All Pointe Development for the South Pointe Development. D-25 Adopted Resolution No. 064-01 approving an Owner Contract for Project No. J- 9705 "Basic Construction to Serve Orchard Hills South Second" with Michael Younge Development, Inc. and Road Constructors. D-26 Adopted Resolution No. 065-01 approving an owner contract for Project No. J-974 "Basic Construction in South Pointe Sixth Subdivision" with All Pointe Development and Elcor Construction. D-27 Adopted Resolution No. 066-01 voiding the city owner contract for J-9681 "Basic Construction to serve Orchard Hills North Subdivision" by mutual agreement of the owner, contractor and city. D-28 Adopted Resolution No. 067-01 accepting participation by Norlight Telecommunications in the City's Regional Stormwater Management Program. D-29 Adopted Resolution No. 068-01 entering into a Professional Services Agreement with McGhie & Betts for Preliminary Design Analysis for Project No. J-9716 "Construction of Rocky Creek Drive NE connecting the ends in Glendale Hills Third and Northern Heights Second", Project No. J-9364 "Construction of Northern Valle Drive NE from the north line of Northern Heights East to the south line of Glendale" and Project No. J-4953 "Construction of a bituminous path along Rocky Drive NE from TH63 to Northern Valley Drive NE". D-30 D-31 D-32 D-33 D-34 Adopted Resolution No. 069-01 authorizing payment of Supplemental Agreement #1 in the amount of $14,088.00 to Holm Brothers Construction for Project No. 6311 3-00 (J-2270) "Construction of 11th Avenue SW, Lone Pine Drive to 60th Street SW" Adopted Resolution No. 070-01 authorizing payment of Supplemental Agreement #3 in the amount of $13,978.80 to Road Constructors, Inc. for Project No. 9711 (J- 9432) "Construction of 111h Avenue SW, 481h Street SW to Lone Pine Drive". Adopted Resolution No. 071-01 authorizing payment of Supplemental Agreement #4 in the amount of $1,852.00 to Road Constructors, Inc. for Project No. 9711 (J- 9432) ""Construction of 11th Avenue SW, 481h Street SW to Lone Pine Drive". Adopted Resolution No. 072-01 authorizing payment of Supplemental Agreement #1 in the amount of $11,137.50 to Holm Brothers for Project No. 6248-3-99 (J- 9545) "Construction of 48th Street SW, 11 th Avenue SW to Scenic Oaks". Adopted Resolution No. 073-01 authorizing a public hearing on March 5, 2001 to consider the expansion of Residential Parking Permit #6 (Edison Neighborhood) 1 the 800 block of 5th Street SW. D-35 I Adopted Resolution No. 074-01 awarding a contract to Orion Bus Industries for the purchase of two buses at $210,094 plus adjustments. r, L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6061 Agenda Item D-36 E-1 Approved Accounts Payable in the amount of $2,641,374.96. Ayes (7), Nays (0). A Hearing on Type III, Phase II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. located north of 15t Street SE and east of Broadway on three parcels known as the former Public Library, the Christmas Shoppe, and the Open Table. Wishing to be heard was Kevin Mullen on behalf of Royal Management. He introduced Nancy O'Brien, Senior Designer, to give a brief overview of the project. Wishing to be heard was Nancy O'Brien, Senior Designer. Ms. O'Brien noted that the 36 story building would consist of long and short- term housing, retail space on the first two floors, a restaurant, a coffee bar and a fitness center. She also noted that the project will encompass the old library building and two other former business locations on the block. The corner of Broadway and First Street will provide an open connection with the skyway system via First Street S.E. Wishing to be heard was Dave Tiffin, Project Architect. Mr. Tiffin noted that only about thirty parking spaces will be available in the basement of the building due to the decreased design. It is thought that further parking will be available in the Radisson Parking ramp adjacent to the project. Parking will be available through valet service. Mr. Tiffin also talked about the loading dock configuration saying that it will be possible to accommodate a large truck. Wishing to be heard was Ken Moen, Dunlap & Seeger, representing the Gilbertson's, adjoining property owners. He said that his clients own the building at 14 South Broadway which has remained in limbo since 1994. They are ready to proceed with some of type of development as the building was last improved in 1986. Mr. Moen said the Gilbertson's would like to be involved with the City in a project that would not need rezoning of the property. Councilmember Stobaugh asked if Royal Management was in agreement with the eight conditions; Mr. Mullen replied yes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 075-01 approving Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. with eight conditions. Discussion. Councilmember Marcoux expressed her concern over the lack of parking for the project. She said that although she agrees with the development she was uncomfortable supporting the Preliminary Plan without adequate parking. Councilmember Evans stated that the City should step forward and do the parking so that it will be available when needed. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6062 Regular Meeting No. 3 — February 5, 2001 Agenda Item E-2 E-3 E-4 E-5 Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. A Continued Hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to designate land for commercial use on property located along the north side of 481h Street S.W., west of TH 63, and east of 11th Avenue S.W. Wishing to be heard was Bill Ryan, Dunlap & Seeger, representing the developer. Mr. Ryan asked that items E-2, E-3 and E-4 be continued to the February 21, 2001, meeting. Councilmembers Senjem moved, Evans seconded, to continue item E-2, Land Use Plan Amendment #00-08; item E-3, Zoning District Amendment #00-16; and item E. 4, General Development Plan #159, all by R.L. Hexum & Associates to the February 21, 2001 meeting. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone from R-1 to M-1 and R-1 to R-2 property located along the north side of 481h Street S.W., west of TH 63, and east of 11 th Avenue S.W. See Item E-2 A Continued Hearing on General Development Plan #159 by R.L. Hexum & Associates to develop land located along the north side of 48th Street S.W., west of TH63 and east of 11th Avenue S.W. See Item E-2 A Hearing on General Development Plan #160 by BARCO Development Company to be known as Plateau Estates located north of East Circle Drive and west of Century High School. Wishing to be heard was Wade DuMond, Yaggy-Colby. Mr. DuMond noted their agreement with all of the conditions including the revision of Condition #9 and the amendment of Condition #8 by staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve General Development Plan #160 by BARCO Development Company with nine conditions including the revision of Conditions #8 and #9 and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Zoning District Amendment #00-17 by BARCO to zone land to R-1X on property located north of East Circle Drive and west of Century High School. 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. 3 — February 5, 2001 bn(3 Agenda Item Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #00-17 by BARCO. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Arboretum Special District Amendment Final Site Plan #00-02 to allow construction of a Carpet One Store on the west side of TH52 West Frontage road, south of Kings Run Creek, and north of Eastwood Bank Building. Wishing to be heard was Pete Schuler, A.B. Systems, 201 Woodlake Drive S.E., representing the applicant. He was available for questions and noted their agreement with the eight conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 076-01 approving Arboretum Special District Amendment Final Site Plan #00-02 with eight conditions. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Revised Preliminary Plat #00-12 by BBB Development, LLC known as Ridgeview Manor located along the west side of 50th Avenue NW, south of 65th Street NW and north of the Weatherstone Development. Wishing to be head was Harvey Ratzloff, 4402 Sixth Street N.W., noting agreement with the eight conditions on the plat. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Revised Preliminary Plat #00-12 by BBB Development, LLC known as Ridgeview Manor with eight conditions. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Final Plat #00-23 by Leslie A. Lurken to be known as Wedgewood Hills Fourth located along the west side of 501h Avenue NW, south of Holy Spirit Church and the existing Wedgewood Hills Subdivsion. The applicant requested that this item be continued at the February 21, 2001 Council meeting to give the applicant time to address the issue regarding mid -block pedestrian connections. No one wished to be heard at this time. Councilmembers Hanson moved, Marcoux seconded, to continue the hearing on Final Plat #00-23 by Leslie A. Lurken to be known as Wedgewood Hills Fourth to the February 21, 2001, meeting. Ayes (7), Nays (0). Motion carried. E-10 A Hearing on Final Plat #00-11 by Forbrook-Bigelow Development to be known as Manor Woods West 12th Subdivision located between Manor Woods 11th Subdivision and Manor Woods West 7th and 8th Subdivisions. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. Mr. Johnson noted agreement with the two conditions for the plat. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 Agenda Item E-11 E-12 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 077-01 approving Final Plat #00-11 by Forbrook-Bigelow Development to be known as Manor Woods West 12th Subdivision with two conditions and Resolution No. 078-01 approving the Substantial Land Alteration activity. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #00-37 by All Pointe Development to be known as South Pointe Sixth located between TH63S and 11th Avenue SE, south of 60th Street SW ad northeasterly from South Pointe Third and Fourth Subdivisions. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He noted their agreement with the five conditions but inquired as to the meaning of the noise abatement request from MnDot (condition #5). Mr. Johnson was informed that the condition insured that the developer was aware of the noise generated by close proximity to the highway and waived the right to future noise abatement by the city and/or state. Wishing to be heard was Jo Russell, 5900 111h Avenue S.W., speaking in favor of the development. Ms. Russell was concerned with the extra conditions placed on the development and felt that it would only increase the price of the homes making them more unaffordable. Having no one further wishing to be heard, President' Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution 079-01 approving Final Plat #00-37 by All Pointe Development to be known as South Pointe Sixth with five conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-03 by All Pointe Development to be known as South Pointe Seventh CIC173 located between TH63S and 11th Avenue SE, south of 60th Street SW and northeasterly from South Pointe Third and Fourth Subdivisions and east of the proposed South Pointe Sixth Subdivision. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. Mr. Johnson noted that this is a 24-unit townhome development with garages placed to the rear of the development along the highway. Wishing to be heard was Jo Russell, 5900 11th Avenue S.W., speaking in favor of the development. She asked that the Council not place too many restrictions on the development in an effort to keep the price affordable for those needing housing. Ms. Russell also noted that the sound generated by the highway is of small consequence to the fact that the highway is lower than the development and barely audible. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF -ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6065 I Agenda Item E-13 E-14 E-15 E-16 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 080- 01 approving Final Plat #01-03 by All Pointe Development to be known as South Pointe Seventh CIC173 with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #00-16 by TGH, LLC to vacate right-of-way property located south of 2"d Street SW, north of 3rd Street SW and east of 215t Avenue SW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 081-01 approving Vacation Petition #00-16 by TGH, LLC with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #01-01 by Jason, Stanley and Pamela Bargfrede to vacate a utility easement located at 2520 12th Avenue NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 082-01 approving Vacation Petition #01-01 by Jason, Stanley and Pamela Bargfrede. Ayes (7), Nays (0). Motion carried. A Hearing on Utility Easement Vacation Petition #01-02 by K & P Partnership located in Lot 3, Block 5, Scenic Oaks First Addition. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 083-01 approving Utility Easement Vacation Petition #01-02 by K & P Partnership. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning Ordinance and Land Development Manual text amendment #00-05 to Section 63.225 and 63.226 addressing lighting standards for school and church signs and development signs in residential zoning districts. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning Ordinance and Land Development Manual text amendment #00-05 to Section 63.225 and 63.226 and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-17 A Hearing on Zoning Ordinance and Land Development Manual text amendment #00-06 to Section 60.760-60.764 to simplify the appeals submission procedures. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6066 Regular Meeting No. 3 — February 5, 2001 Agenda Item E-18 E-19 Councilmembers McConnell moved, Marcoux seconded, to approve Zoning Ordinance and Land Development Manual text amendment #00-06 to Section 60.760-60.764 and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Issuance of Health Care Facility Revenue Bonds by the City of Stewartville for the Gift of Life, Inc. to be located in the City of Rochester. Wishing to be heard was Steve Femlen, Mendota Heights, representing the Midwest Health Care Capital, responsible for the financing for the Gift of Life facility At the time of putting the proposal together, the City of Rochester had used up its bank qualification for bonding., They, therefore, asked the City of Stewartville if they would allow their bank qualification to be used. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 084- 01 approving the Issuance of Health Care Facility Revenue Bonds by the City of Stewartville for the Gift of Life, Inc. to be located in the City of Rochester. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. J-2454 "Construction of Public Sidewalk Abutting Fox Valley Drive and 23rd Avenue S.W.". Wishing to be heard was Piet Degroen, 1065 23rd Avenue S.W. Mr. Degroen was concerned that the sidewalk needed to be constructed prior to June 1 st but that the section of Fox Valley drive SW along his property was being reconstructed at this time. He asked for additional time to complete the project. Mike Nigbur, Public Works, indicated that the additional time could be granted because of the Fox Valley Drive street reconstruction in the area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 085-01 approving the making of Project No. J-2454 "Construction of Public Sidewalk Abutting Fox Valley Drive and 23rd Avenue S.W.". Ayes (7), Nays (0). Motion carried. E-20 I A Hearing to Consider the Proposed Assessment for Project No. J-2454 "Construction of Public Sidewalk Abutting Fox Valley Drive and 23rd Avenue S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 086-01 approving the levying of assessments for Pro�ect No. J-2454 "Construction of Public Sidewalk Abutting Fox Valley Drive and 23` Avenue S.W.". Ayes (7), Nays (0). Motion carried. F�i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 5, 2001 6067 1 Agenda Item E-21 G-2a G-2b G-2c G-2d G-2e A Hearing to Consider the Issuance of Health Care Facility Revenue Bonds by the City of Pine Island for the Olmsted Medical Group to be located in the City of Rochester. Wishing to be heard was Troy Stafford, Administrator at the Olmsted Medical Center, explained that the needed bank qualification was not available in Roc and they then asked the City of Pine Island for their help. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 087- 01 approving Issuance of Health Care Facility Revenue Bonds by the City of Pine Island for the Olmsted Medical Group to be located in the City of Rochester. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 63.2241, and Amending and Reenacting Clause E of Subdivision 2 of Section 63.222 of the Rochester Code of Ordinances, Relating to the Regulation of Banners 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 Notting Hill Lane N.W., platted in North Park Tenth Subdivision to Knotting Hill Lane N.W. Councilmembers Hanson 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 Stobaugh moved, Marcoux 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 Lexington Street N.W., Platted in Wedgewood Hills and Wedgewood Hills Second to Lexington Place N.W., was given a first reading. Councilmembers Hanson 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 Stobaugh moved, Hanson 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 first reading. (North of East Circle Drive, West of Century High School) An Ordinance Amending and Reenacting Sections 62.212, 62.000, 62.232, 62.242, 62.252, Clause © of Subdivision (2) of Section 63.222, Sections 63.225 and 63.226 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6068 Regular Meeting No. 3 — February 5, 2001 Agenda Item G-2f G-3a of the Rochester Code of Ordinances, Relating to Lighting of Area Accessory Development Signs in the Residential Districts, was given a first reading. An Ordinance Amending and Reenacting Sections 60.710, 60.760, 60.761, and 60.762 of the Rochester Code of Ordinances, and Repealing Sections 60.763 and 70.764 of the Rochester Code of Ordinances, Relating to the Procedure and Scopc of Review for Planning and Zoning Decisions, was given a first reading. An Ordinance Establishing the Salaries of the Mayor, Council member -At -Large, and Councilmember was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Stobaugh moved, Hanson seconde to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY 'OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4— February21, 2001 6069 Agenda Item Councilmember Senjem attended a special service on February 18, 2001, at A-1 Calvary Baptist Church recognizing civil servants, both elected and non -elected. They presented a plaque to Councilmember Senjem for City employees stating: "In appreciation for making our community a great place to live". 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, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Marcia Marcoux. C-1 Laura Andrews from the City/County Diversity Program presented information on the Third Annual Outstanding Women in Leadership Award. The awards are to recognize outstanding women in leadership fields in the City and County organizations. Ms. Andrews noted that City Public Utilities employees, Lori Gartner and Stephanie Yrjo, are two of the recipients of this year's awards. D-1-11 Councilmembers Stobaugh moved, Evans seconded, to approve the following & 13- consent agenda items. 18& 20-31 D-1 Approved the minutes of the February 5, 2001, council meeting. D-2 Adopted Resolution No. 088-01 approving the recommendations of the Personnel Advisory Committee as to: Reclassification of the Human Resources Assistant position from Management I, Grade 7, to Management I, Grade 8 and renaming the position to Assistant Director of Human Resources. Creation of a Supervisory Attorney/Criminal Division position in the City Attorney's Office classified in Management I, Grade 8. The position of Assistant City Attorney be changed to Assistant City Attorney I and the position of Assistant City Attorney I be changed to Assistant City Attorney II. Reclassification of Clerk -Typist position in the City Clerk's Office from Pay Grade I to Pay Grade II in the AFSCME and renaming the position to Parking Warrants and Violations Clerk. Creation of Manager of Building Inspection Services and reclassifying the position of Plan Review Engineer from Engineering, Grade 3 to Engineering, Grade 4 and renaming the position as Manager of Plan Review and Permit Services. D-3 Authorized the Police Department to establish a Police Athletic Activities League with the understanding that Police Officer involvement in PAL activities will not contribute to paid overtime for such officers. D-4 Adopted Resolution No. 089-01 granting the City of Rochester approval for the requested revenue bonds for Olmsted Medical Center in Lot 20, Block 2, Kingsbury Hills Subdivision. rl- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY'OF ROCHESTER, MINNESOTA 6070 Regular Adjourned Meeting No. 4 — February 21, 2001 Agenda Item D-5 M D-7 f: M• D-10 Adopted Resolution No. 090-01 approving change Order #2 in the amount of $8,327.00 with Progressive Contractors, Inc. for Project No. J-6911 "Concrete Paving of Phase II Runway 02-20 2100-foot extension with adjacent bituminous taxiway and concrete paving of the area between the Terminal and Air Cargo Ramps" adding new panels to existing airfield directional signs as required by the FAA. Adopted Resolution No. 091-01 approving change Order #3 in the amount of $10,100.00 with Road Constructors, Inc. for Project No. J-6967 "Terminal Building entrance Road Improvements, entrance road signage improvements, and parking lot expansion" adding bollard and chain on the east side of the parking lot and additional signage. Adopted Resolution No. 092-01 authorizing execution of Change Order #8 with Alvin E. Benike in the amount of $11,806.00 for Project No. J-6942 "Terminal Building Improvements". Adopted Resolution No. 093-01 approving a contract with WAK Construction in the amount of $391,969.50 for Project Nos. J-6915 and J-6919 "Construction and Site Preparation of a New 9-Unit T-Hanger to be located in the General Aviation area", entering into a Hanger Financing and Repayment Agreement with MnDot — Office of Aeronautics and executing the State Aid Agreement for funding. Approved the following licenses and miscellaneous activities: Gambling — Temporary Rochester Archery Club — Raffle at Rochester Graham Arena — March 31, 2001 St. John's School — Raffle — May 11, 2001 Hearts of Gold Foundation — Raffle at Wal-Mart — July 14, 2001 Rochester Youth Fastpitch Softball Association — Raffle at Olmsted County Fairgrounds — August 5, 2001 Miscellaneous Activities Century High School Concert Choir — Patriotic Concert in Celebration of Memorial — Soldiers Field Track Area — May 30, 2001 Sewer and Drain Robert Twernbold DBA Twernbold Excavating, Rochester Sound Amplification Permit Century High School Concert Choir — Patriotic Concert in Celebration of Memorial — Soldiers Field Track Area — May 30, 2001 (request waiver of time to 10:00 PM) Adopted Resolution No. 093A-01 referring the petition for a traffic signal at the intersection of 3rd Avenue and 16`h Street S.E. to the Public Works Department for feasibility study. 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 6071 Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 I� D-21 D-22 D-23 Approved Accounts Payable in the amount of $1,626,550.60. See at end of D Items. Adopted Resolution No. 094-01 approving the National Recreation Trail Program Application to the Department of Natural Resources through the City of Rochester Park Department. Councilmember Senjem noted that restroom and shelter facilities have been needed for a long time at the Roy Watson Sports Complex and was glad to see that they are going to be constructed. Adopted Resolution No. 095-01 approving the Outdoor Recreation Grant Program Application to the Department of Natural Resources through the City of Rochester Park Department. Adopted Resolution No. 096-01 authorizing the advertisement of bids for the 2001 Season Supply of Washed Sand, Gravel and Crushed Rock and Pea Gravel. Adopted Resolution No. 097-01 authorizing the advertisement of bids for the 2001 Season Supply of Cutback Asphalt RC-800 and Asphalt Emulsion CRS-2 (Cationic). Adopted Resolution No. 098-01 authorizing the advertisement of bids for the 2001 Season Supply of Plant Mixed Bituminous Mixtures. Adopted Resolution No. 099-01 authorizing the advertisement of bids for the 2001 Season Supply of Ready -Mixed Concrete. See at end of D Items. Adopted Resolution No. 100-01 executing a Pedestrian Facilities Agreement with CID II LLC as owners of Lots 6, 7, 8 and *, Block 1, Rolling Green's Fifth Addition (Papa John's Property) to address providing a sidewalk along 22"d Avenue N.W. and TH 52 North. Adopted Resolution No. 101-01 approving a City/Owner contract with Forbrook- Bigelow Development and Elcor Construction for Project No. J-9743 "Basic Construction in Manor Woods West Twelfth Subdivision". Adopted Resolution No. 102-01 accepting voluntary participation by Extended Stay America in the City's Regional Stormwater Management Plan. Adopted Resolution No. 103-01 acknowledging the City's support, sponsorship and priority of the State Transportation Improvement Program enhancement projects for FY 2004-2005 to include Trail Bridges over 501h Avenue N.W. and 55`h Street N.W., Pedestrian Path Along Salem Road S.W., and Pedestrian Path Along 18`h Avenue S.W. 6072 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 Agenda Item D-24 D-25 D-26 D-27 D-28 D-29 D-30 Adopted Resolution No. 104-01 approving a Professional Services Agreement with Yaggy-Colby Associates for Project No. J-9713 "Reconstruction of 3` Avenue S.W. from West Center Street to 2"d Street S.W. and 2"d Avenue S.W. from West Center Street to 2"d Street S.W." in an amount not to exceed $29,000.00. Adopted Resolution Nos. 105-01, 106-01, and 107-01 receiving the Feasibility Report, scheduling a Project Hearing for March 19, 2001, Ordering preparation of the Assessment Roll and ordering an Assessment Hearing for March 19, 2001, for Project No. J-9541 "Curb, Gutter & Overlay on Green View Drive S.W., Green View Place S.W., and Green Field Lane S.W.". Adopted Resolution No. 108-01 approving the City/County Cooperative Agreement for Project No. J-6325 "Willow Creek Middle School Traffic Signal at 11th Avenue and 24th Street S.E.", approving the use of MSA Funds on CSAH 1 for Project No. J-6325, and adopting the prepared resolution adding paragraph (230.2) to Section B "No Parking" of Comprehensive Traffic and Parking resolution book to read: (230.2) 241h Street S.E., on both sides of the street, from 11th Avenue (CSAH 1) to 18th Avenue At All Times Adopted Resolution No. 109-01 adding paragraphs (313.1) and (313.2) to Section B "No Parking Zones" to read: (313.1) Market Street N.W. from Marketplace Drive to the West Frontage road of TH52, at all times. (313.2) Marketplace Drive N.W. from 37th Street to 41 st Street N.W., at all times. Adopted Resolution No. 110-01 adding paragraphs (319.1) and (233.5) to Chapter B "No Parking of the Comprehensive Traffic and Parking Resolution Book to read: (319.1) Superior Drive N.W. on both sides from 281h Street N.W. to Valleyhigh Drive N.W., at all times, with the exception of the frontage of Badger Ridge Park. (233.5) 28th Street N.W. on both sides from CSAH 22 to Superior Drive at all times. Adopted Resolution No. 111-01 adding paragraphs (240.5) to 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 1200 Feet west of Valleyhigh Drive N.W., at all times. Adopted Resolution No.112-01 entering into an Engineering Services Agreement with Black & Veatch Corporation to prepare construction contract documents for modifications to the digester gas piping, hot water loop piping and the engine 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 6073 1 Agenda Item D-31 D-12 D-19 generator exhaust at the Water Reclamation Plan for a cost not to exceed $132,000. Approved to the position of Firefighter in the Rochester Fire Department Eric Propotnik, Chad Sutton, James (Casey) Jones, Greg VanMoer, and Rebecca Staska. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked for further understanding the overtime compensation for police officers. Linda Gilsrud, Human Resources Department, explained that an officer may request four hours of compensation or compensatory time when bumped or cancelled from a trail court appearance twice in the same week on scheduled days off when he/she is appearing as a representative of the Rochester Police Department or acting in a law enforcement capacity. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 113-01 approving a letter of understanding modifying the 1999-2001 Law Enforcement Labor Services, Inc. collective bargaining agreement regarding overtime compensation for officers scheduled for court on their days off. Ayes (6), Nays (0). Motion carried. Councilmember Hanson said that a contractor had called him asking if the proposed policy required the use of 12" sewer pipe in all future installations. Richard Freese, Public Works Director, stated that an 8" pipe will continue to be the normal pipe size used except in the incidence where the pipe grades or capacity require a larger pipe size are connected to a sanitary trunk line. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 114-01 approving the Sanitary Trunk Sewer Oversize Policy which states: "The City shall reimburse the Owner/Developer for the incremental cost of the materials to increase the size of the sanitary sewer above a 12" diameter pipe if requested by the City Engineer. The City shall also reimburse the incremental cost of the increase in the width of the manhole size if it is solely required for the oversize sanitary trunk pipe. The Public Works Department shall establish the reimbursement amount for each item concurrent with the adjustments in the City's standard rates which occur August 1 s` of each year." Ayes (6), Nays (0). Motion carried. E-1 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 on property located along the east side of 11`h Avenue SW and south of 10th Avenue SW. The applicant has requested a continuance of the hearing until March 5, 2001. They are agreeable to waiving the 60-day rule while the item is continued. �! RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6074 Regular Adjourned Meeting No. 4 — February 21, 2001 Agenda Item E-2 E-3 E-4 E-5 No one wished to be heard at this time. Councilmembers Hanson moved, Stobaugh seconded, to continue to March 5, 2001, the hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to designate land for commercial use on property located along the north side of 48th Street S.W., west of TH 63, and east of 11 th Avenue S.W. A letter was received from the applicant's attorney requesting the hearing to be continued to April 16, 2001. They are agreeable to waiving the 60-day rule while item is continued. No one wished to be heard at this time. Councilmembers Stobaugh moved, Hanson seconded, to continue to April 16, 2001, the hearings on Land Use Plan Amendment #00-08, Zoning District Amendment #00-16, and General Development Plan #159 by R.L. Hexum & Associates. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone from R-1 to M-1 and R-1 to R-2 property located along the north side of 481h Street S.W., west of TH 63, and east of 11th Avenue S.W. See Item E-2 A Continued Hearing on General Development Plan #159 by R.L. Hexum & Associates to develop land located along the north side of 48th Street S.W., west of TH63 and east of 11 t Avenue S.W. See Item E-2 A Hearing on Type 111, Phase II Final Site Plan Amendment #00-03 by Oppidan to amend the Northwest Plaza Final Site Plan located south of 55th Street NW, north of the Rogan Shoe store and south of the Econo Foods store. Wishing to be heard was Chris Colby, Yaggy-Colby, representing the applicant. He noted that the issue was before the Planning Commission on January 24; at that time the Commission waived the variance for the shoreline issue. Mr. Colby noted agreement with all the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No.115- 01 approving Final Site Plan Amendment #00-03 by Oppidan with one condition. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 6075 1 Agenda Item E-6 E-7 A Hearing on Type III, Phase II Final Site Plan Amendment #00-04 by Merchants National Bank to allow the construction of bank facility on property located south of 551h Street NW, north of the Econo Foods Store, in the Arboretum Special District. Wishing to be heard was Chris Colby, Yaggy-Colby, representing the applicant. Mr. Colby noted that the development will be a 5000 square foot bank building located at the entrance to the Northwest Plaza complex. Mr. Colby asked for clarification on the possible future intersection change at the entrance to the property noting that the traffic signal may be moved further south. He noted their agreement with the conditions. Richard Freese, Public Works Director, referred to a report from Charlie Rieter of the Planning Department saying that a Circle Drive Traffic and Access Management Study is currently underway by Olmsted County to look at options for minimizing the number of signalized intersections needed as well as redesign options for the existing 55th Street/West Circle Drive intersection to provide for higher capacity operations. Therefore, there is no way at this time to know whether the access to Northwest Plaza and the West Circle Drive/55th Street N.W. intersection will remain the same. Councilmember Senjem asked if requiring trees was a usual condition to place on a final site plan. Terry Spaeth indicated that since the development was in a special district, other considerations could be placed on the development. He also indicated that trees have been required in past site plans. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 116-01 approving Final Site Plan Amendment #00-04 by Merchants National Bank with foul conditions. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Final Plat #00-23 by Leslie A. Lurken to be known as Wedgewood Hills Fourth and Design Modification #01-02 located along the west side of 50th Avenue NW, south of Holy Spirit Church and the existing Wedgewood Hills Subdivision. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. He noted that there will be 31 lots on 9.56 acres. They are in agreement with all the conditions. He asked the Council to approve the Substantial Land Alteration Activity as well noting that two areas will be cut approximately 16 feet. All fill will be reused on the site. He also asked the Council to approve the design modification not to provide mid -block pedestrian connections. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 117-01 approving Final Plat #00-23 by Leslie A. Lurken to be known as Wedgewood Hills Fourth and Design Modification #01-02 and adopting Resolution No. 118-01 approving the Substantial Land Alteration Activity with two conditions F7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 Agenda Item E-8 E-9 E-10 and the findings on Page 148 of the Request for Council Action. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #01-05 by Freedom Development and Consulting, LLC to be known as The Villas of Valley Side located along the east side of 40th Avenue SE, north of Trumpeter Drive SE and south of Highway 14. Wishing to be heard was Ted Schmidt, 2522 Walden Lane, St. Cloud, representing Villas of Valley Side. Mr. Schmidt was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 119-01 approving Final Plat #01-05 by Freedom Development and Consulting, LLC to be known as The Villas of Valley Side with one condition. Ayes (6), Nays (0). Motion carried. A Hearing on City Council Initiated Annexation #01-01 to annex 100% surrounded property located at 1901 Bamber Valley Road, Rochester Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve City Council Initiated Annexation #01-01 and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #01-02 by BARCO Development Company to annex land located north of East Circle Drive and the Plateau Estates General Development Plan, west of Century High School and east of the Deerhaven Development. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-02 by BARCO Development Company and instructed the City Attorney to prepare the required ordinance for adoption.. Ayes (6), Nays (0). Motion carried. E-11 A Hearing on Annexation Petition #01-03 by Roland Graves to annex land located north of Summit Point Second Subdivision, east of 50th Avenue NW and south of 651h Street NW. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the application. Mr. Masterpole was available for questions. Wishing to be heard was Lennie Laures, 1520 75th Street N.E, Cascade Township Officer. Mr. Laures was present to oppose the annexation on behalf of Cascade Township. He stated that the annexation will cause other property owners to become surrounded by the City limits; thus, the City will be annexing them in the future. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 21, 2001 &077 1 Agenda Item E-12 G2a G2b Wishing to be heard was Dan Maidl, 6222 50th Avenue N.W. Mr. Maid[ was one of the owners that will become surrounded by the City limits if the annexation is approved. He did not feel that the annexation process to this point has been fair to them. He said that until the annexation hearing is held, there is no communication or information given to them about what is happening. Wishing to be heard was Chris Granrud, 6320 50th Avenue N.W. Mr. Granrud echoed the frustrations of Mr. Maidl in that no information is provided until the time of annexation. He noted that the City has placed stakes on for easements needed for the proposed improvements to 50th Avenue N.W. He asked if they will be required to pay for street, sewer and water assessments even though they are not using them. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell asked if the annexation should be postponed to allow for further communication between the property owners, developer and City. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #01-03 by Roland Graves and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Richard Freese, Public Works Director, said that the alignment of 50th Avenue N.W. is under reconsideration that this time. He noted that Mr. Maidl and Mr. Granrud will not be required to pay for sewer and water assessments until such time as the property is connected to City sewer and water. As for the cost of the reconstruction of 50th Avenue, Mr. Freese said that it will be the decision of the Council as to whether to assess the project costs against the two properties. Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing to Consider the Applications for Federal Transit Administration Assistance Funds. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 120-01 authorizing submission of the grant applications to the Federal Transit Administration and execution of the subsequent contracts. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester A Portion of the Southeast Quartei of Section 9, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (1901 Bamber Valley Road S.W.) An Ordinance Annexing to the City of Rochester Approximately 11.79 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted �II RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA (0�%8 Regular Adjourned Meeting No. 4 — February 21, 2001 Agenda Item G-2c G3a G-2d County, Minnesota, was given a first reading. (West of Century High School, East of Deerhaven Development) An Ordinance Annexing to the City of Rochester Approximately 53.39 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. (North of Summit Point Second Subdivision, East of 50th Avenue N.W., South of 65th Street N.W.) An Ordinance Annexing to the City of Rochester Approximately 53.9 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (north of East Circle Drive, west of Century High School and East of the Deerhaven Development) 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. (extends to March 31, 2001) Having no further business, Councilmembers moved, 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 Council Meeting No. 5 — March 5, 2001 6 079 Agenda Item A-1 B-1 D-1-17 D-1 D-2 J D-3 D-4 C No one wished to be heard at 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 Hanson moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the February 21, 2001, Council meeting. Adopted the following Public Utility resolutions: Resolution No. 121-01 entering into a purchase agreement with Altec Industries, Inc. for one S.D. Pittman Inc. Panther Mini -Derrick at a cost of $61,330.00. Resolution No. 122-01 approving a contract agreement with Advance Tank and construction Company for Cascade Creek Unit 2 — contract 2 Demineralized Water Storage Tank at an amount of $160,230.00. Resolution No. 123-01 approving a purchase order with Electrical Power Products, Inc. for relay and control panels for the Cascade Creek 161 IkV Conversion Project at an amount of $123,589.00. Approved the transfer of the On -Sale Wine and On and Off -Sale 3.2% Beer from Cucumber Lil's to TJ's 63 Club at 1726 South Broadway. Approved the following licenses and miscellaneous activities and the renewal of licenses for the 2001 year. OFF SALE 3.2 BEER TRANSFER Oriental Food from Kunthary Phy to Sophon Phy 605 6t' Ave NW Rochester Mn 55901 GAMBLING — PREMISE PERMIT Rochester Juvenile Hockey Association PO Box 237 Rochester Mn 55903 PREMISE AT: Bon's Buffet 1652 Hillcrest Shopping Center Rochester Mn 55901 GAMBLING — RAFFLE Elton Hills School PTSA 3002 161h Ave NW RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6080 Regular Council Meeting No. 5 — March 5, 2001 Agenda Item Rochester Mn 55901 Raffle - 5/11/01 SEWER & DRAIN Terry Soppa DBA T & R Excavating 1380 Church Ave St Charles Mn 55972 Jeffs Well Drilling, Inc DBA Peterson Well Drilling 27943 US Hwy 14 West Sleepy Eye Mn 56085 OFF SALE INTOXICATING LIQUOR (Annual Renewals) A C Liquor Inc DBA Andy's Liquor Andy's Crossroads Liquor Inc DBA Andy's Andy's Marketplace Liquor Inc B & F Leasing Inc DBA Apollo Liquor & Smokeshop Deanna Inc DBA Apollo Wine & Spirits Barb's Northbrook Kicker Inc DBA Northbrook Liquor RMT of Rochester Inc., A Mn Corp DBA Buckeye Liquor RSI-Supervalu Inc DBA Cub Foods Bear Creek Liquors Joe's Liquors Inc MGM Wine & Spirits Inc DBA MGM Liquor Warehouse Plaza Liquor Route 52 Liqueurs, Wines and Ales Inc DBA Northwest Liquors Sam's West Inc DBA Sam's Club #6427 Sunstone Hotel Properties Inc DBA Kahler Downtown Liquors CLUB ON SALE LIQUOR (Annual Renewals) AFL-CIO Labor Club DBA Labor Club William T. McCoy 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 #1215 Whitlock Sonnenberg WINE (Annual Renewals) Karla Sperry DBA Bilotti's Italian Restaurant Chardonnay, LTD. 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. 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 5 — March 5, 2001 6081 Agenda Item 1 Trips Inc. DBA Hawthorne Suites of Rochester John Hardy's Bar-B-Cue Inc. 29 Frontage Rd, Hwy 52 N John Hardy's Bar-B-Cue Inc 940 S Bdwy DMS Patel LLC DBA John's Family Restaurant & Coffee Shop Rochester Athletic Club Inc. Roscoe's Rootbeer & Ribs Inc. DBA Roscoe's North Sky Dragon Buffet Inc. Donald William McBurney DBA The Sandtrap TJ's 63 Club, Inc. JADCO LLC DBA Valentino's of Rochester Wong's Caf6, A General Partnership DBA Wong's Caf6 Zorba's Restaurant of Rochester, Mn. DBA Zorba's Greek Restaurant Apple American Lmtd Partnership of Mn DBA Applebee's Neighborhood Grill & Bar (Marketplace) Associated Management Inc. DBA Riptide Bar Lorraine Corporation DBA Aviary Restaurant Xiao Guo DBA Bon's Buffet Creative Cuisine Inc DBA Broadstreet Cafe & Bar/Redwood Room Brothers Bar & Grill Inc. J & S Corporation DBA Canadian Honker Hospitality Honker Enterprises DBA Canadian Honker Restaurant & Catering Carlos O'Kelly's Mexican Caf6 Colonial Company DBA Colonial Lanes & Brass Lantern Restaurant Southeast Hotel LLC DBA Comfort Inn & Conference Center Charles Brannon DBA Crown Restaurant & Lounge Dos Amigos, Inc DBA Dos Amigos Mexican Restaurant 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 CMZ Inc. DBA Henry Wellington's/Newt's 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 J & M'S Family Restaurant Inc. DBA Shady Hill Grille 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 Dooleys' Inc DBA McMurphy's Sports Caf6/Aquarius Nightclub Michael's Supper Club Inc. DBA Michael's Restaurant LTB Inc DBA Mugzee's CJC Enterprises Inc DBA North Star Bar RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6082 Regular Council Meeting No. 5 — March 5, 2001 Agenda Item D-5 M. D-7 M. Outback Midwest II Limited Partnership DBA Outback Steakhouse BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes Inc. GMRI Inc DBA Red Lobster #429 Allen Hurlbut DBA Rochescheer Country Pub Rookies Sports Grill & Bar Inc. Shenanigans, Inc. DBA 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 Willow Creek Golf Course of Rochester Inc. DBA Willow Creek Golf Course Deann M Stowers DBA Wright Stuff Restaurant & Lounge CONSUMPTION & DISPLAY (Annual Renewal) Pla-Mor Ballroom OTHER ANNUAL RENEWALS Sunday Liquor 57 On -Sale 3.2% Beer 37 Off -Sale 3.2% Beer 17 Dance 22 Bowling 2 Approved Accounts Payable in the amount of $940,380.68. Adopted Resolution No. 124-01 closing completed improvement projects or completed phases within specific projects, transferring unexpended balances pursuant to the City Charter, Section 11.10 and to transfer stated amounts to fund active projects as defined. Approved the promotion of Kim Fanning to the position of Fire Captain effective March 13, 2001. Adopted Resolution No. 125-01 declaring that, based on the findings, the development known as Plateau Estates does not have the potential for significant environmental effects and that the preparation of an Environmental Impact Statement is not mandated in this instance. Approve the roadway name change of Plateau Drive N.E. to Stonehedge Drive N.E in Christ Our rock Subdivision and requested the Council to suspend the rules and give the ordinance a second reading. FJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 5 — March 5, 2001 6083 Agenda Item D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-12 D-15 Adopted Resolution Nos. 126-01, 127-01, 128-01 and 129-01 authorizing the City Clerk to advertise for bids for the following Water Quality Protection Program Project No. MO-05 (J-9602) "Sanitary Sewer and Watermain Extension to Serve Woodland Hills Subdivision", Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain Extension to Serve Elmcroft Subdivision Area", Project No. M1-03 (J- 9747) "Sub-Trunkline Sanitary Sewer to Serve Forest Hills Subdivision Area", and Project No. M1-04 (J-9748) "Sanitary Sewer and Watermain Extension to Serve the Forest Hills Subdivision Area". Adopted Resolution No. 130-01 approving a revocable permit for Curtis Sanders for the placement of landscape material within a drainage and utility easement in part of Lots 3 and 4, Block 1, Bel Air Eighth Subdivision. See at end of D Items. Adopted Resolution No. 131-01 requesting the Commission of Transportation for the State of Minnesota to add 201h Street S.W. from TH 63 to CR 125 to the Municipal State Aid System. Adopted Resolution No. 132-01 authorizing the City to sole source purchase radar - based sanitary sewer flow monitoring equipment from Marsh-McBirney, Inc. at a cost of $83,142.00 See at end of D Items. Adopted Resolution Nos. 133-01, 134-01 and 135-01 approving the Feasibility Report, setting Project and Assessment Hearings for April 16, 2001, for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". See at end of D Items. Ayes (7), Nays (0). Motion carried. City Attorney Terry Adkins asked that the first condition be changed in the revocable permit for Circle Drive Corporate Park Limited to read: "Permit shall be revoked upon the City's decision to install a public roadway through these lots." He stated that the original language suggested that the permit was irrevocable. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 136-01 approving a revocable permit for Circle Drive Corporate Park Limited Partnership for the placement of a parking lot within future right of way in part of Lots 3 and 4, Block 1, Circle Drive Corporate Park. Ayes (7), Nays (0). Motion carried. Councilmember Senjem was concerned about development phase of the Gluek property. Richard Freese, Public Works Director, explained that the property is not currently in the Urban Service Area of the City, but a portion of the property is not currently RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6084 Regular Council Meeting No. 5 — March 5, 2001 Agenda Item within the City. The City can service the property with sewer and water, as requested by the owner, but it is not cost-effective for the property owner or the City at this time. The cost for construction of the sewer line would be in excess of $800,000 to initially serve 107 acres with a very long return time on the investment. When the remaining 700 acres comes into the Urban Service area, the project will become cost-effective economically at that time. The property owner has agreed tc annex the property to the City and enter into a development agreement for sewer and water service when it becomes effective. Councilmembers Senjem moved, Stobaugh seconded, to approve allowing the development of the Gluek property, located in the southwest quarter of Section 34, Rochester Township, on alternative wastewater treatment and water supply systems provided the property is annexed to the City and the property owner enter; into a Development Agreement with the City prior to the development of the property. Ayes (7), Nays (0). Motion carried. D-17 Councilmember Senjem asked if it is feasible at this time to proceed with work on the Center Street ramp. He asked that the matter be scheduled for a Committee - of -the -Whole. Councilmembers Senjem moved, McConnell seconded, to table the structural engineering condition survey report of the Center Street Ramp and authorizing a Professional Services Agreement with WPC until discussion at a Committee -of -the - Whole meeting. Ayes (7), Nays (0). Motion carried. E-1 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 on property located along the east side of 11`h Avenue SW and south of 1V Avenue SW. The applicant has requested that the hearing be continued to the April 2, 2001, meeting. They are agreeable to waiving the 60-day rule while the item is continuing. No one wished to be heard at this time. Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management to April 2, 2001. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on Zoning District Amendment #01-01 by B & N, LLC to be known as B & N Properties located along the south side of 19t' Street N.W., west of 32"d Avenue N.W. and east of West Circle Drive. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole said that his statements should be considered for both the Zoning District Amendment and General Development Plan discussions (E-2 and E-3). Mr. Masterpole stated that the one acre parcel came into the City as H-1 and it is requested that the zoning be changed to M-1. There are currently no plan., 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 5 — March 5, 2001 (� 1 Agenda Item E-3 E-4 for the property. It will be split into three sections perhaps for trade businesses. They are in agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve Zoning District Amendment #01-01 by B & N, LLC to be known as B & N Properties and instructed the City Attorney to prepare Findings of Fact, Conclusion of Law, and Order and to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #161 by B & N, LLC to be known as B & N Properties located along the south side of 19th Street N.W., west of 32"d Avenue N.W. and east of West Circle Drive. (Refer to E-2 for comments) The Planning Department noted that the applicant had submitted a revised General Development Plan with the language added to it as stated in recommended condition number one; staff recommended that condition number one be removed. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution 137-01 approving General Development Plan #161 by B & N, LLC to be known as B & N Properties with five conditions and findings of the Planning Commission and instructed the City Attorney to prepare Findings of Fact, Conclusion of Law, and Order and to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-01 by Leslie A. Lurken to be known as North Park Eleventh Subdivision located north of North Park Second Subdivision and south of the Orchard Ridge Development. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole pointed out the relationship of this plat to the rest of the North Park Subdivision developments. He noted that the concern of the neighborhood for traffic from Hillsboro Lane south to Fairway stating that the thoroughfare route was a part of the general development plan approved in 1986. Additionally the Orchard Ridge Development was approved by the City with access via Hillsboro Lane. They were in agreement with the conditions. The Planning Department noted that the applicant had submitted a revised preliminary plat addressing staff recommended condition number one; staff recommended that condition number one be removed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-01 by Leslie A. Lurken to be known as North Park Eleventh Subdivision with two conditions, adopted Resolution No. 138-01 approving the Substantial Land RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ((� Regular Council Meeting No. 5 — March 5, 2001 Agenda Item E-5 Cam• Alteration activity as proposed, 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 #01-02 by Badger Development LLC to be known as Badger Ridge Second Subdivision located adjacent to the westerly side of Badger Ridge Subdivision, south of Valleyhigh Road N.W. and West of West Circle Drive. Wishing to be heard was Jamey Shandley, 160 Interlachen Lane N.W., representing the applicant. Ms. Garness noted agreement with the four conditions recommended. She said that the development would be served by two parks located on the east and a future park to be located on the west. Ms. Garness said that they are asking to eliminate the mid -block pedestrian connection as required tr the ordinance; the connection would only go to another street and serve no useful purpose. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-02 by Badger Development LLC to be known as Badger Ridge Second Subdivision with four conditions, adopted Resolution No. 138A-01 approving the Substantial Land Alteration activity as proposed, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-04 by Scaffenberger, Cassidy and Fogarty to annex land located north of the Emerald Hills Development and south of 48`h Street N.E. in Haverhill Township. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing one of the applicants, Eugene Cassidy. Mr. DuMond was available for questions. Wishing to be heard was Donald Layton, 2501 Hawthorne Hill Road N.E., representing the Hadley Valley Association, property lying north of the proposed annexation. He asked if there would be any impact on their property due to runoff from the proposed development; he had previously been told there would be none. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-04 by Scaffenberger, Cassidy and Fogarty and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Zoning Ordinance and Land Development Manual Text Amendment #00-04 to address accessory buildings, floor area, and floor area ratio definitions and requirements. 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 Council Meeting No. 5 — March 5, 2001 6085 1 Agenda Item E-3 E-4 for the property. It will be split into three sections perhaps for trade businesses. They are in agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve Zoning District Amendment #01-01 by B & N, LLC to be known as B & N Properties and instructed the City Attorney to prepare Findings of Fact, Conclusion of Law, and Order and to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #161 by B & N, LLC to be known as B & N Properties located along the south side of 191h Street N.W., west of 32"d Avenue N.W. and east of West Circle Drive. (Refer to E-2 for comments) The Planning Department noted that the applicant had submitted a revised General Development Plan with the language added to it as stated in recommended condition number one; staff recommended that condition number one be removed. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution 137-01 approving General Development Plan #161 by B & N, LLC to be known as B & N Properties with five conditions and findings of the Planning Commission and instructed the City Attorney to prepare Findings of Fact, Conclusion of Law, and Order and to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-01 by Leslie A. Lurken to be known as North Park Eleventh Subdivision located north of North Park Second Subdivision and south of the Orchard Ridge Development. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole pointed out the relationship of this plat to the rest of the North Park Subdivision developments. He noted that the concern of the neighborhood for traffic from Hillsboro Lane south to Fairway stating that the thoroughfare route was a part of the general development plan approved in 1986. Additionally the Orchard Ridge Development was approved by the City with access via Hillsboro Lane. They were in agreement with the conditions. The Planning Department noted that the applicant had submitted a revised preliminary plat addressing staff recommended condition number one; staff recommended that condition number one be removed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-01 by Leslie A. Lurken to be known as North Park Eleventh Subdivision with two conditions, adopted Resolution No. 138-01 approving the Substantial Land RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 5 — March 5, 2001 Agenda Item E-5 E-6 Alteration activity as proposed, 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 #01-02 by Badger Development LLC to be known as Badger Ridge Second Subdivision located adjacent to the westerly side of Badger Ridge Subdivision, south of Valleyhigh Road N.W. and West of West Circle Drive. Wishing to be heard was Jennifer Garness, 160 Interlachen Lane N.W., representing the applicant. Ms. Garness noted agreement with the four conditions recommended. She said that the development would be served by two parks located on the east and a future park to be located on the west. Ms. Garness said that they are asking to eliminate the mid -block pedestrian connection as required b the ordinance; the connection would only go to another street and serve no useful purpose. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-02 by Badger Development LLC to be known as Badger Ridge Second Subdivision with four conditions, adopted Resolution No. 138A-01 approving the Substantial Land Alteration activity as proposed, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-04 by Scaffenberger, Cassidy and Fogarty tc annex land located north of the Emerald Hills Development and south of 48th Street N.E. in Haverhill Township. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing one of the applicants, Eugene Cassidy. Mr. DuMond was available for questions. Wishing to be heard was Donald Layton, 2501 Hawthorne Hill Road N.E., representing the Hadley Valley Association, property lying north of the proposed annexation. He asked if there would be any impact on their property due to runoff from the proposed development; he had previously been told there would be none. Having no one further wishing'to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-04 by Scaffenberger, Cassidy and Fogarty and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Zoning Ordinance and Land Development Manual Text Amendment #00-04 to address accessory buildings, floor area, and floor area ratio definitions and requirements. 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 Council Meeting No. 5 — March 5, 2001 6087 Agenda Item E-8 G-2a G-2b G-2c Councilmembers Hanson moved, Marcoux seconded, to approve Zoning Ordina and Land Development Manual Text Amendment #00-04 and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Expansion of Residential Permit Parking Zone #6 on the 800 Block of 5`h Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 139-01 approving the Expansion of Residential Permit Parking Zone #6 on the 800 Block of 5` Street N.W. and making the following changes to the Comprehensive Traffic & Parking Resolution Book: A) adding paragraphs (5) to Zone #6 (Edison Neighborhood) of Section L "Residential Permit Parking to be effective from 8:00 am to 4:00 pm Monday through Friday" (5) 51h Street SW/800 Block, on the south side of the street b) delete paragraphs (119.1) of Section B "No Parking Zones" which read: (119.1) 5`h Street SW/800 Block, on the south side of the street, from 9:00 am to 10:00 am, Monday through Friday. 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 Plateau Drive N.E., Platted within Christ Our Rock Subdivision as Stonehedge Drive N.E., was given a first reading. Councilmembers Marcoux moved, Evans 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 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 first reading (South side of 19`h Street N.W., West of 32"d Avenue N.W., East of West Circle Drive) An Ordinance Annexing to the City of Rochester Approximately 58.98 Acres of Land Located In a Part of the West Half of the Northeast Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a reading. (North of the Emerald Hills Development, South of 48`h Street N.E.) RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 5 — March 5, 2001 Agenda Item G-2d G-3a G-3b G-3c G-3d An Ordinance Amending and Reenacting Section 62.273 of the Rochester Code of Ordinances, Relating to Accessory Buildings, Floor Area, and Floor Area Definitions, was given a first reading. An Ordinance Amending and Reenacting Sections 62.212, 62.000, 62.232, 62.242, 62.252, Clause © of Subdivision (2) of Section 63.222, Sections 63.225 and 63.226 of the Rochester Code of Ordinances, Relating to Lighting of Area Accessory Development Signs in the Residential Districts, was given a second reading. Councilmembers Hanson moved, McConnell 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 RAX District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of East Circle Drive, West of Century High School) An Ordinance Creating and Enacting Section 63.2241, and Amending and Reenacting Clause E of Subdivision 2 of Section 63.222 of the Rochester Code of Ordinances, Relating to the Regulation of Banners in the City of Rochester, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 60.710, 60.760, 60.761, and 60.762 of the Rochester Code of Ordinances, and Repealing Sections 60.763 and 70.764 of the Rochester Code of Ordinances, Relating to the Procedure and Scope of Review for Planning and Zoning Decisions, was given a second reading. Councilmembers Hanson moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Stobaugh moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. y Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6089 1 Agenda Item A-1 mil C-1 C-2 D-1-28 D-1 D-2 D-3 D-4 D-5 D-6 Mary Petersson, 809 19`h Street N.E., spoke in protest of the increase in cable rates by Charter Communications. She said that an increase by a utility impacts the people that can least afford it; people on a fixed income. The difference between the public utility increases and the increase by Charter Communications is that Charter does not need to get approval by the City for an increase. The rate increase proposed will almost totally eliminate the COLA increase received by the seniors. The seniors, physically and mentally challenged will all suffer as a result of the increase; it is difficult for them to get out of their homes. Ms. Petersson suggested that the City Council revisit the possibility of a City -operated cable business or encourage cable competition among other cable operators. 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, Marcoux seconded, to adopt Resolution No. 140- 01 referring the petition from R.L. Hexum and Associates to the Public Works Department for a feasibility study on the request for Water and Sewer Extension to serve Sections 26 and 35 of Rochester Township. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 141- 01 referring the petition from Robert DeWitz, Western Walls, Inc., to the Public Works Department for a feasibility study on the request for Street Improvements in Connection with the Water Quality Program in the Rose Harbor Area. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Hanson seconded, to approve the following consent agenda items: Approved the minutes of the March 5, 2001, Council Meeting. Approved the appropriation of $25,000 from the 2001 Contingency Account for the 2001 Star of the North Games. Approved the appropriation of $7,500 from the 2001 Contingency Account for the YEP Summer Work Project to be used to pick up litter in the park system as well as the Mayo Stadium. See at end of D Items. Adopted Resolution No. 141A-01 entering into a ground lease agreement with the Hanger Bar and Grill, Inc. that will allow them to construct a new restaurant on airport property at the intersection of County Road #16 and T.H. #63. Adopted Resolution No. 142-01 authorizing the City Clerk to advertise for bids for Project No. J-6937 "Expansion of the General Aviation Ramp and Add Ramp Lighting" at the Rochester International Airport. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item D-7 M • Approved the following licenses and miscellaneous activities: Gambling — Premise Permit Renewals Olmsted County Hockey Association at Rookies Sports Grill & Bar, North Star Bar and Shenanigan's, Inc. DBA CJ's Midtown Lounge. Gambling — Temporary Raffle Med-City Aquatics, Inc. raffle at Rochester Athletic Club — 05/04/01 Turn In Poachers raffle at Knights of Columbus — 04/27/01 Heating Contractor Inland Plumbing, Inc., Fargo, North Dakota Master Installer Brian Banske, Nadan, North Dakota Sidewalks — Cement Tilford Construction, Rochester Bisping Construction, Rochester Sewer & Drain Brian's Dirtworks, Mantorville On -Sale 3.2 Percent Beer License B & D Midlife LLC DBA Pizza Man, Rochester Sound Amplification St. John's Catholic Church — Procession of the Cross — 04/13/01 Rochester Track Club — Road Race — 04/21/01 Race to Remember — In Memory of Someone you Love — 04/21 /01 Paws and Claws Humane Society — Pet Walk — 05/05/01 Lourdes High School — Habitat for Humanity Walk -a -Thou — 04/28/01 Rochester Track Club — Spring Run — 05/12/01 Miscellaneous American Legion Auxililiary — Annual Poppy Days — 05/04-05/01 Veterans of Foreign Wars #1215 — Annual Poppy Days — 5/11-12/01 Approved Accounts Payable in the amount of $3,116,795.60. Adopted Resolution No. 143-01 approving the investment brokerage services to City under Minnesota Statutes; those firms are: Dain, Rauscher, Inc. Merrill Lynch Morgan Stanley Dean Witter Wells Fargo Institutional Brokerage Services US Bankcorp Piper Jaffray 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6 091 Agenda Item D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 Miller, Johnston, Steichen and Kinnard R.W. Baird & Co. Adopted Resolution No. 144-01 authorizing transfer of 2000 Contingency appropriation pursuant to City Charter Section 11.10. Adopted Resolution No. 145-01 authorizing the Mayor and City Clerk to execute the agreement between the International Association of Firefighters, Local No. 3908, and the City of Rochester as per Arbitrator's Decision on February 2, 2001. Adopted Resolution No. 146-01 approving the revised City Personnel Policy on Funeral Leave and the adoption of the new City Personnel Policy on Leave Sharing. See at end of D Items. See at end of D Items. Adopted Resolution No. 147-01 authorizing the Mayor and City Clerk to execute the acquisition agreement with the Menshik Trust for Project No. J-6963 'Right of Way Acquisition for the Airport Runway Construction of the Crosswind Runway". Adopted Resolution No. 148-01 entering into a City -Owner contract with David R. Niebuhr and Soma Construction, Inc. for Project No. J-9778 "Watermain and Sanitary Sewer to Serve the Classic Mini Storage (Lot 19, Allendale Subdivision)". Adopted Resolution No. 149-01 entering into a City -Owner contract with ESA Minnesota and Fraser Construction Company for Project No. J-9776 "Watermain and Hydrant to Serve Extended Stay America (Lot 2, and part of Lot 3, Block 3, Plaza 41 NW)". Adopted Resolution No. 150-01 accepting voluntary participation by Vertical Partners on property located at the Olmsted County Fairgrounds in the Regional Stormwater Management Plan. Adopted Resolution No. 151-01 entering into a Professional Services Agreement with Green, Inc. for Project No. J-9578 "Construction of 501h Avenue N.W. and a portion of 55`h Street N.W." in an amount of $147,914.00. Adopted Resolution No. 152-01 authorizing payment of Supplemental Agreement #1 in the amount of $150,412.50 with Rochester Sand & Gravel for Project No. 6255-4-96 (J-2266) "Reconstruction of 551h Street N.W., West River Road to Bandel Road". Adopted Resolution No. 153-01 authorizing payment of Supplemental Agreement #2 in the amount of $25,434.90 with Rochester Sand & Gravel for Project No. 6255- 4-96 (J-2266) "Reconstruction of 55'h Street N.W., West River Road to Bandel Road". 6092 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-4 Adopted Resolution No. 154-01 authorizing payment of Supplemental Agreement #3 in the amount of $14,590.80 with Rochester Sand & Gravel for Project No. 62, 4-96 (J-2266) "Reconstruction of 55th Street N.W., West River Road to Bandel Road". Adopted Resolution No. 155-01 authorizing payment of Supplemental Agreement #1 in the amount of $4,271.50 with Elcor Construction for Project No. 6207-4-00 (J- 9594) "Reconstruction of 7th Street N.W. from 461h Avenue to 1300" West". Adopted Resolution No. 156-01 authorizing payment of Supplemental Agreement #1 in the amount of $1,759.45 with Rochester Sand & Gravel for Project No. 6309- 3-99 (J-9524) "Reconstruction of 9th Avenue S.W. from 2"d Street to 4th Street S.W.". Adopted Resolution Nos. 157-01, 158-01, and 159-01 receiving and accepting the Feasibility Report and scheduling Project and Assessment Hearings for April 16, 2001 for Project No. 6300-N-00 (J-9217) "Sidewalk Replacement on TH 63 (North Broadway) from 4th Street North to Northern Heights Drive N.E.". Adopted Resolution No.160-01 directing the City Clerk to advertise for bids to be opened on April 10, 2001, for Project No. J-9399 "Year 2001 Traffic Signal Painting Program", Project No. J-4961 "Year 2001 Parking Ramp Painting", and Project No. J-4213 "Year 2001 Transit Shelter Painting". Approved the transfer of the On -Sale Intoxicating Liquor License for the Aviary Restaurant located at 4320 Highway 52 North to Patricia Friederichs effective April 1, 2001. Adopted Resolution No. 161-01 authorizing the execution of the settlement agreement from Valley Golf/Wendel Pittenger for right-of-way acquisition for the 48th Street S.W. Project No. J-9545. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the First Homes Program was included in the funding request. He was told that the Program was funded in the contingency dollars that were built up from the CDBG program. Councilmembers Senjem moved, Hanson seconded, to accept the Community Development Block Grant funding request award of $633,000 from the Department of Housing and Urban Development and approve the Grant Agreement for 2001. Ayes (7), Nays (0). Motion carried. D-13 Councilmember Senjem wanted to express his thanks and appreciation to John Withers and Robert Lyons for their service on the Park Board. Councilmembers Senjem moved, Hanson seconded, to approve the appointment c Craig Johnson and Mark Janes to the Rochester Park Board with terms running to June 2005. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6093 1 Agenda Item D-14 E-1 E-2 E-3 Councilmember Stobaugh expressed his appreciation for the service that Gerry Werven gave as a member of the Planning and Zoning Commission and welcomed Leslie Rivas. Councilmembers Stobaugh moved, McConnell seconded, to approve the appointment of Leslie Rivas to the Planning and Zoning Commission with the term ending December 2004. Ayes (7), Nays (0). Motion carried. Councilmember McConnell spoke to the news item in the Rochester Post Bulletin of March 6, 2001, from Charter Communications informing the general public on the 10 percent increase after April 2, 2001. Councilmember McConnell stated that he would be leaving the Council meeting in protest to the increase in the rates. Councilmember McConnell pointed out the 15-year franchise agreement with the City leaves the City powerless to do anything about the increased rates. There are many residents that cannot look to alternative solutions such as antennas or satellite dishes. Councilmember McConnell left the meeting. A Hearing on Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan to vacate the undeveloped right-of-way located west of Tenth Avenue S.E. and affects the properties at 435 and 435 %2 Tenth Avenue S.E. The item is to be reviewed by the Planning and Zoning Commission on March 28, 2001. No one wished to be heard at this time. Councilmembers Stobaugh moved, Hanson seconded, to continue the hearing on Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan to April 2, 2001. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-05 by Dallas M. Backhuaus to initiate Orderly Annexation of land located along the south side of 20th Street S.E., west of 38th Avenue S.E. The applicant has withdrawn the request. A Hearing by John Klopp to be known as Fox Knob establishing a new Special District and rezoning the development to allow for roadway widths and building setbacks that differ from established regulations on property located south of Fox Valley Drive between the Fox Croft and Baihley Heights Developments. Wishing to be heard was John Klopp, 1020 Orchard Acres Lane S.W., developer of the Fox Knob project. He introduced Christine Schultz, Project Architect, and asked her to speak to the development. She said that John Klopp's goals for the new neighborhood are the same as the neighborhood residents present at tonight's meeting. Those are a well -constructed and designed neighborhood, excellent emergency access, traffic calming and density and traffic similar to other RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6094 Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item neighborhoods. She presented handouts that gave information about the development. Under the application she noted that there were 18 points summarized that were of benefit to the community. The land borders on the Thompson property which is not included in the present development; the Thompsons are interested in the same development concept. Different setbacks and other measures are being looked at to retain as much of the wooded areas as possible. This is an area of connected neighborhood roadways with slight curves in the road to provide traffic calming and character to the streets. The development mixes small lots with large lots. The smaller lots are along an alley allowing for two and three car garages off the alley. Larger lots are around the oval at the center of the development and at the perimeter where the terrain drops off. Front setbacks are 11 feet; where there are front loaded garages, setbacks will come off the public right of way by 20 feet. There are two public overlooks proposed overlooking the valley. Ms. Schultz addressed neighborhood concerns of larger homes on smaller lots. She noted that the larger portion of the lot is shown in the front. Emergency vehicle access was addressed. The streets are designed to calm traffic and yet come up with the adequate width of the street for emergency access. Research has found that a 24-26-foot street is ideal for walkable streets as vehicular traffic is slowed by the narrower street widths. Wider streets encourage higher speeds. Five-foot sidewalks will be used to encourage walking within the neighborhood. The density of the neighborhood will be 2.21 dwelling units per acre, compatible with the Baihly neighborhoods. Wishing to be heard was Jim Suk, 800 Clover Lane S.W. , speaking on behalf of the project. He spoke as a former member of the Planning Commission, a resident of Fox Croft and a possible purchaser of one of the homes in the Fox Knob neighborhood. He was delighted to see a project that instills a set of neighborhood values. Many of the properties today are large homes on large lots; not necessarily a neighborhood feeling. This project will not detract from the appearance and enjoyment of other homes. He asked the Council to approve the project. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the manager of the Thompson property. The Thompson property is not a part of the development tonight but an integral part of the entire project designed as one piece of property. The Thompson owners are hoping to come before the Council within one year with an application and design for their project. Mr. Masterpole said that the development of Fox Knob is designed with smart growth principles. It is an infill development, has a mix of lot sizes and housing options, preserves open space for people to gather and interact, and creates a pedestrian -friendly neighborhood. The concept is being used throughout the country and in the upper midwest as well. He stated that we need to look at developments of this nature that will conserve land and think of the future. Wishing to be heard was Mary Margaret Volcheck, 2127 Baihly Summit Drive S.W She and her family moved to Rochester and the neighborhood eight years ago. They had not intented to stay in the area but when the opportunity to move presented itself, they realized that Rochester was the community where they wanted to stay. The neighborhood they are in now provides safety and less traffic for their children as well as more land to live on. Ms. Volcheck said that she 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6095 Agenda Item 11 doesn't object to the village look or the green spaces but does object to the density. Where there were 15 lots proposed, and perhaps 30 cars, there are 41 lots proposed, a possibility of 82 cars. She asked the Council to not approve the development as it stands; she would like less density. Wishing to be heard was Mike Mellon, 2128 Baihly Summit Drive S.W. Mr. Mellon submitted to the City Clerk a petition containing names of citizens surrounding the project who propose changes to the development. Mr. Mellon stated that he oppose represents at least 265 residents and wanted to share their concerns on the Fox Knob development. He said that they believe that the Fox Knob Special District and contiguous properties are inconsistent with the surrounding developments. The development contains significant changes in setbacks and street widths. Mr. Mellon pointed out that the Zoning and Planning manual that special districts may be created if they promote "the health and safety and general welfare and be substantially in accord with and promote the purposes and policies of the comprehensive plan. The purposes are substantial and public interests protecting the surrounding area or special and substantial and public interests in protecting building or man-made features on the property or to accomplish a public purpose". They believe that the special district proposed does not live up to the criteria that would justify zoning from R-1 to a special district status. Mr. Mellon also pointed out that the Fox Knob development also incorporates narrower street widths that do not meet existing fire codes. The narrower street width increases risk to public safety. The proposed design is not consistent with the surrounding neighborhoods; i.e., no alleys in any of the surrounding areas. The lot sizes are one-half the size in the surrounding neighborhoods. Mr. Mellon then related the City Council's policy for rezoning is high in its standards as noted in 60.38 in the Zoning Manual. They believe that the R-1 zone of the Cook property is consistent at the present time; the Cook property was not erroneously zoned, the Fox Knob proposal does not better further the policies and goals of the comprehensive plan more so than the existing R-1 zoning, the Cook property has not changed to such a degree that in the public interest rezoning is needed to encourage development; the Fox Knob proposal is not compatible with surrounding properties and neighborhoods, considering the proposal without considering the adjoining properties of Thompson and Younge of a coordinated and specified GDP may constitute spot zoning, there is no compelling public need to justify a special district status; the development does not accomplish one or more special purposes of the comprehensive plan, and the proposal may be legally invalid as it proposes a roadway along a property line. Mr. Mellon asked on behalf of the surrounding neighbors that the Council deny the proposed GDP and request for a special district or delay any approval until the applicant and neighbors have had a chance to reach a compromise. Wishing to be heard was Karen Canzanello, 2212 Baihly Hills Drive S.W. She asked that the GDP for Fox Knob be amended for the following reasons: The setbacks are inconsistent with the adjoining neighborhood; the proposed alleyway will be 16 feet wide (one-half is on private property); alleys are a thing of the past and do not belong in Minnesota where snow removal is a problem; and the narrow RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6096 Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item streets do not meet the fire code or comply with present state law. She asked the Council to require the developer to comply with fire code regulations on the street width. Wishing to be heard was Jean Joyce Williams, 2108 Baihly Heights Drive S.W. Ms Williams stated that she is a firm believer in the village concept. However, one problem that she sees with the current proposal is that the green spaces are not outlots but actually residential back yards with the exception of the overlook. To no have a buffer zone does not lend to the compatibility of the village. The other problem that Ms. Williams sees is the traffic that will be generated. The round- about located in the development will have a traffic calming effect but the traffic will not be affected on Fox Valley Road. Although the City has indicated that something will be done on Fox Valley Road as well, it is her understanding that the residents along the roadway will have to pay for the improvement and not the developer. Wishing to be heard was Tom Sellers, 1102 23rd Avenue S.W. Mr. Sellers acknowledged that Mr. Klopp was an excellent builder and that the development will be a high -caliber neighborhood. He noted that the current R-1 zoning has lots that are too large, larger than the surrounding neighborhoods. He said that he liked the idea of the round -about at the top for the traffic calming especially since it will be used as a short-cut when Fox Valley Drive is extended. He also acknowledged and appreciated the preservation of the green spaces. Mr. Sellers said that the citizens in the neighborhood want to work with the developer to improve their plan; to make some refinements to it to meet some very legitimate needs that have been expressed. The safety issue is of the biggest concern. The marginal water flow for fire protection needs to be of concern. Public Works report; noted that garbage trucks and school buses may not be able to back up. Wishing to be heard was Carla Nelson, 931 22"d Avenue S.W. Ms. Nelson stated that the development and the concept would be of the highest value but that it is being placed in the wrong area. The development will be placed on the apex of the hill with the surrounding area on the hill already developed. The traffic problems will only be increased with the additional traffic generation at rush hour times. She asked that the Council look at the Arbor Glenn development and the street configuration which is similar to what is proposed; the large snowfalls caused major problems to that area. She encouraged the Council to listen to the fire and police departments and their concerns about the streets. She asked the Council to keep the area R-1. Wishing to be heard was Dale Allen, Yaggy-Colby Associates, working with the developer on the engineering aspect of the development. A 25-foot street width is proposed with drive -over curb. Parking will be on one side. A 14-foot driving foot lane will be left. The standard subdivisions have a 33-foot street width with parking on both sides will also have the 14-foot driving lane for access. The same access will be available in this development as in others. He also stated that there would be a 22-foot setback from the curb to the front of the house. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6097 Agenda Item I Wishing to be heard was Bill Barbaresi, 2949 Fox Valley Drive S.W. Mr. Barbaresi was concerned about the major access into the proposed neighborhood. He said that the increased density would increase the traffic and a direct risk to the neighborhood and the families on the street getting to the development. The concept is excellent, it just isn't in the right area in the middle of another neighborhood. Wishing to be heard was Karin Wright, 821 Fox Croft Circle S.W., representing the Fox Croft Neighborhood Association. They have no issues with the Fox Knob development. In 1999 they were told that they would be part of some traffic calming measures on Fox Valley Drive. They had asked to be in on the onset so when Fox Valley Drive was constructed, the costs would not be as high. No meetings have been held. They will be submitting a petition. Public Works has now informed them that the traffic calming measures may be considered, after the road is constructed and built, perhaps in 2002. They are, at this time, asking for a stop sign on Fox Valley Drive at Fox Croft Circle. Wishing to be heard was Shelia Sullivan, 2119 Baihly Summit Drive S.W. The petition from Fox Croft contained at least 20 names. Wishing to be heard was Georgia Hurley, 2124 Baihly Hills Drive S.W. She lives ten homes from the entrance to the proposed development. At the information meeting, it was suggested that there be more entrances to the development on Baihly Hills Drive. There are currently two entrances to the development. She received no notification of the current development. If the density is changed, traffic will increase from 150 to 410 cars per day. Approval of this development will also open up the Thompson and Cook properties which will increase the traffic. Ms. Hurley stated that she is opposed to this development in its present form. The Council needs to listen to the concerns expressed by the adjoining neighborhoods. Wishing to be heard was Lyle Felsch, Deputy Fire Chief. Mr. Felsch referenced the letter that was sent by the Fire Department on November 9, 2000, in response to the development plan. He commented that the 25-foot street does not comply with the fire code which calls for a 20-foot fire lane access way with cars parked on one side of the street. The Fire Department has requested sprinklers on the units, however, that only deals with fire emergencies and not medical and police emergencies. They have concerns but do not want to hold up the development. Wishing to be heard was Karen Clark, 2209 Baihly Summit Drive S.W. Ms. Clark said that the smaller road width is not a desirable part of this development just because they might be located somewhere else in the City. The walkability of the proposed neighborhood is a good plan but most children cannot walk to wherever their soccer or other practices may be. This is not a walkable town. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem stated that when considering the three test criteria for a special district, he had trouble with the acceptance of those criteria into this development. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item E-4 Phil Wheeler, Planning Director, said that the property is zoned R-1. The minimum property lot size for an R-1 is 6000 square feet. The GDP shows a different layout but the underlying zoning permits a significant higher density than the development proposes. A special district, from this perspective is in the public interest as it protects the neighborhood establishing a tie between the general development plan and the common open space, the special setbacks, the special architectural controls, and by the reduced density from what the zoning ordinance allows. Mitzi Baker, Planning Department, responded to a question from Council on the alley. The alley separates the Cook and Thompson properties. The Thompson representatives have shown support for the Klopp proposal and do intend in the future to amend their portion of the GDP to tie into the roadway connections shown and including the alley. Councilmembers Evans moved, Hanson seconded, to approve the Special District Zoning to be known as Fox Knob incorporating the findings on Page 86 of the Request for Council Action. Ayes (4), Nays (2). Motion carried. Councilmembers Marcoux and Senjem voted nay. (Also see after E-9) A Hearing on Amendment to Cook -Thompson General Development Plan #114 by John Klopp to be known as Fox Knob. Wishing to be heard was Shelia Sullivan, 2119 Baihly Summit Drive S.W. Ms. Sullivan asked where are the residents to park if there is no parking on the streets. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve the Amendment to Cook -Thompson General Development Plan #114 by John Klopp to be known as Fox Knob with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (2). Motion carried. Councilmembers Marcoux and Senjem voted nay. E-5 A Hearing on Type III, Phase II Restrictive Development Preliminary Plan #01-03 by 12th Street Dental proposing expansion and renovation located on property in the southeast corner of the intersection of loth Avenue S.E. and 12th Street S.E. Wishing to be heard was Joseph Becker, 1418 21" Avenue N.E., one of the partners in the dental office. They have been at the current location since 1965 and are proposing expansion of the office to the south and east with parking to the south. They will continue to operate in the same manner with the same hours. Wishing to be heard was Eileen Ebertowski, 1216 Tenth Avenue S.E. Ms. Ebertowski lives directly to the south of the dental office. She asked if the privacy fence could be extended to six feet in height in the rear of her yard rather than four feet to allow for more privacy. She was also concerned about the snow removal; she doesn't want water in the back yard as it is low. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA lar Adjourned Meeting No. 6 — March 19, 2001 1 Agenda Item E-6 Wishing to be heard was James Kalis, 1226 Tenth Avenue S.E., next to Ms. Ebertowski. He mentioned that the dental office would be putting in sidewalks to the edge of their property line; will that cause sidewalks to be installed on the rest of the street. Richard Freese, Public Works Department, stated that at the Planning meeting staff requested that the sidewalk be extended from 12th Street to the driveway entrance of the dental office parking lot. It was indicated to the residents at that meeting that the only way a sidewalk would be required was by petition or council initiation. Wishing to be heard was Patty Wehrs, 1207 11th Avenue S.E Her backyard line is the dentist office parking lot on the east side. She was concerned about access to their backyard from the dentist office as they have previously used the parking lot to gain access. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 162-01 approving Restrictive Development Preliminary Plan #01-03 by 120h Street Dental with seven conditions adding a fifth bullet to the language of condition #1 to state that the fence along the south line will be six feet. Ayes (5), Nays (1). Motion carried. Councilmember Stobaugh voted nay. A Hearing on Preliminary Plat #01-04 by Joel Bigelow and Sons Enterprises, Inc. to be known as Kingsbury Hills Second located south of 55th Street N.W., west of Kingsbury Hills Subdivision and Wedgewood Hills Development. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of Joe Bigelow. The GDP was approved last year. This is the second phase of 20.5 acres. There is currently a temporary access to 55th Street. The main access will not be built until the reconstruction of 55th Street. They are required to have a secondary access to Wedgewood Hills. The supply of water flow is also an issue. An adjoining property owned by the applicant will be developed later this year and contain a watermain which will hook up to Wedgewood Hills to provide adequate supply. He noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Preliminary Plat #01-04 by Joel Bigelow and Sons Enterprises, Inc. to be known as Kingsbury Hills Second with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-7 A Hearing on Final Plat #01-07 by the City of Rochester to be known as Bridgeview Addition located along the north side of 13'h Street N.W. and along the west side North Broadway. Wishing to be heard was Ron Davis, 102 13'h Street N.W. Mr. Davis lives across the street from the development. He and the neighbors are concerned with an r-� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item E-8 E-9 apartment complex in a residential area. It will affect the neighborhood with the increased traffic of approximately 70+ cars. There will only be 68 parking spaces for the complex. There is no recreation area for the children to play. Mr. Davis presented a petition signed by the 14 neighbors in opposition to the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 163- 01 approving Final Plat #01-07 by the City of Rochester to be known as Bridgeview Addition with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #01-08 by Volunteers of America Care Facilities to be known as The Homestead First Replat located along the west side of 18th Avenue N.W. and north of 55th Street N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Three separate uses will be made of the buildings: an assisted living, town center and independent living center. Each building will have its own lot. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 164-01 approving Final Plat #01-08 by Volunteers of America Care Facilities to be known as The Homestead First Replat with one condition and an additional condition that the park dedication payment in lieu of land be worked out with staff. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #01-09 by B & C Partner's, LLP to be known as West Century First Replat located along the west side of Sixth Avenue N.E. and along the east and north sides of Wellner Drive N.E. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing B & C Properties. Mr. Masterpole expained that the GDP first showed one lot. They are now proposing four lots with access to Wellner Drive. They are in agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 165- 01 approving Final Plat #01-09 by B & C Partner's, LLP to be known as West Century First Replat with two conditions. Ayes (6), Nays (0). Motion carried. E-3 Dave Goslee, Deputy City Attorney, informed the Council that their vote on the Fox Knob Special District Ordinance was ineffective because there was not a 2/3 vote in favor of the ordinance. (five votes in favor) Councilmembers Senjem moved, Stobaugh seconded, to reconsider the Special District to be known as Fox Knob. Ayes (6), Nays (0). Motion carried. I� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 19, 2001 6101 1 Agenda Item G-2a G-3a G-3b G-3c H-1 Councilmembers Senjem moved, Stobaugh seconded, to approve the Special District Zoning to be known as Fox Knob. Ayes (5), Nays (1). Motion carried. Councilmember Marcoux voted nay. An Ordinance Creating and Enacting Chapter 64E, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the Fox Knob Special District, was given a first reading. Councilmembers Hanson moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (5), Nays (1). Motion failed due to lack of unanimous vote on suspension. Councilmember Marcoux voted nay. 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 Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read but amending the moratorium termination date to April 30, 2001 . Ayes (6), Nays (0). An Ordinance Annexing to the City of Rochester A Portion of the Southeast Quarter of Section 9, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. Councilmembers Evans moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). (1901 Bamber Valley Road S.W.) An Ordinance Annexing to the City of Rochester Approximately 53.39 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. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). (North of Summit Point Second Subdivision, East of 50cn Avenue N.W., South of 65th Street N.W.) Councilmembers Evans moved, Marcoux seconded, to remove from the table the Center Street Ramp Condition Appraisal Report. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 166-01 accepting the periodic structural engineering condition survey report of the Center Street Ramp prepared by Walker Parking Consultants, authorized the Mayor and City Clerk to execute a Professional Services Agreement with Walker Parking Consultants not to exceed $59,800, and authorized additional funds to be transferred from the Parking Enterprise Account. 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. iz "a- % J City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6102 Regular Adjourned Meeting No. 6 — March 19, 2001 Agenda Item THIS PAGE DELIBERATELY LEFT BLANK. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 6103 Agenda Item A-1 B-1 C-1 C-2 C-3 D-1-28 D-1 D-2 D-3 D-4 D-5 Wishing to be heard was Bill Plummer, 826 Foxcroft Circle S.W. Mr. Plummer asked what current measures are being taken regarding safety problems for emergency vehicles with the current train situation. He suggested that the Council might consider a study of the situation. President John Hunziker, Councilmembers Dennis Hanson, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Mack Evans and Marcia Marcoux. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 167-01 directing the Public Works Department to prepare a feasibility report for "Extension of City Services to Serve the South %2 of Section 6, Marion Township (Graham Property)". Ayes (5), Nays (0). Motion carried. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 168- 01 directing the Public Works Department to prepare a feasibility report for "Extension of Public Utilities and Road Patterns to Serve the Morris Property in Section 13". Ayes (5), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 169-01 directing the Public Works Department to prepare a feasibility report for "Curb and Gutter Overlay on First Street S.W. from 11th Avenue to 7th Avenue S.W.". Ayes (5), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to approve the following consent agenda items. There were no minutes for approval. Adopted Resolution No. 170-01 granting a Quit Claim Deed to Willow Creek Golf Course for two strips of property adjacent to WR-6A reservoir contingent upon any lands in the area not being within the reservoir site area. Adopted Resolution No. 171-01 authorizing the advertising of bids for Project No. J-6965 "New General Aviation Arrival and Departure Building at the Rochester International Airport". Adopted Resolution No. 172-01 authorizing the advertising of bids for Project No. J- 6970 "Expansion of Lower Level Passenger Gates 3 and 4 at the Rochester International Airport". Approved the application for On Sale and Sunday Intoxicating Liquor from Dyna Khoeun for the Sawatdee Thailand Restaurant located at 1123 Civic Center Drive N.W. pending receipt of departmental approvals, insurance certificates, and fees. Approved the following licenses and miscellaneous activities: Gambling — Temporary Trout Unlimited — Hiawatha Chapter, Elgin — Raffle at Radisson Centerplace Hotel — April 28, 2001 (request to waive waiting period) 6104 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 Agenda Item D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 Church of St. Pius X — Raffle — May 18, 2001 Heating Contractor Service Pros Plumbing & Heating, Rochester Master Installer Mark Nelson, Rochester Master Plumber Service Pros Plumbing & Heating, Rochester Sound Amplification The Salvation Army — Open Air Meeting at Peace Plaza — May 23, 2001 Miscellaneous Pax Christi Peace Group — Walking Stations of the Cross — April 13, 2001 American Diabetes Association — Tour de Cure Bicycle Ride — June 2, 2001 The Salvation Army — Open Air Meeting at Peace Plaza — May 23, 2001 Approved Accounts Payable in the amount of $3,967,623.44. Adopted Resolution No. 173-01 authorizing a contract with Rochester Sand and Gravel for the 2001 Season Supply of Bituminous Materials. Adopted Resolution No. 174-01 authorizing a contract with Koch Materials Company for 2001 Seasonal Supply of Asphalt Materials. Adopted Resolution No. 175-01 authorizing a contract with Rochester Ready Mix for 2001 Season Supply of Ready -Mixed Concrete. Adopted Resolution No. 176-01 authorizing a contract with Milestone Materials, Division of Mathy Construction Company, for 2001 Season Supply of Aggregate Materials. See at end of D Items. Accepted $3,030 from Wells Fargo Bank Minnesota to pay for printing of Police Department officer trading cards. Accepted $1,000 from the Rochester Olmsted County Safety Council for training expenses for the Rochester Police Department Honor Guard. See at end of D Items. Adopted the following Public Utility resolutions: Resolution No. 177-01 approving an agreement with Novaspec, Inc. for furnishing and installing boiler controls at the Silver Lake Plant in an amount not to exceed $3,113,358.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 6105 Agenda Item D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Resolution No. 178-01 authorizing payment from the Minnesota Pollution Control Agency for the 2001 Emission Fee for the Silver Lake Plant of $73,299.40. Adopted Resolution No. 179-01 approving the execution of a City/Owner Contract with ESA Minnesota, Inc. and Bob Braaten Construction Company for Project No. J-9775 "Watermain and Hydrant to Serve Extended Stay America (Lot 6, Block 1, Wood Lake Park)". Adopted Resolution No. 180-01 approving the execution of a City/Owner Contract with Ratzloff-Bigelow Development and Elcor Construction for Project No. J-9774 "Basic Construction in South Park Sixth Subdivision". Adopted Resolution No. 181-01 authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Dale G. Ragan and Norlight Telecommunications, Inc. for part of Lot 4, Block 2, Eastgate Commercial Park First Subdivision. Adopted Resolution No. 182-01 accepting voluntary participation by Mayo Foundation in the City's Regional Stormwater Management Plan. Adopted Resolution No. 183-01 approving a Development Agreement with Nova, Inc. for property located east of Highway 63 and North of 37'' Street N.W.; a portion of the Shopko property. See at end of D Items. Adopted Resolution No. 184-01 accepting the feasibility report from Public Works for Project No. J-9799 "Sewer and Water Trunk Mains to Serve Vacant Land in Portions of Sections 25, 26, 35, and 36, Rochester Township", and Resolution No. 185-01 approving the execution of a professional services agreement with Yaggy Colby Associates for preparation of plans and specifications. Adopted Resolution No. 186-01 accepting the feasibility report from Public Works for Project No. J-9795 "Sanitary Sewer and Watermain Extension to Serve the Graham Property". Adopted Resolution No. 187-01 accepting the feasibility report from Public Works for Project No. M1-05 (J-9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area" and setting a Project Hearing for May 7, 2001. D-25 Adopted Resolution No. 188-01 accepting the feasibility report from Public Works for Project No. M1-27 (J-9788) "Sanitary Sewer and Watermain Extension to Serve the Thomas Subdivision Area" and setting a Project Hearing for May 7, 2001. XMI Adopted Resolution No. 189-01 accepting the feasibility report from Public Works for Project No. M1-28 (J-9789) "Sanitary Sewer and Watermain Extension to Serve the Welch Subdivision Area" and setting a Project Hearing for May 7, 2001. 6106 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 Agenda Item D-27 D-28 D-11 D-14 D-21 Adopted Resolution No.190-01 authorizing the City Clerk to advertise for bids for Project No. 6222-1-00 (J-9725) "Curb, Gutter and Overlay on 22nd Street N.E. fr 7th Avenue to 10th Avenue and 7th-10th Avenues N.E. from Northern Heights Di to 22nd Street N.E. and 21st Street" to be opened on May 2, 2001. Adopted Resolution No. 191-01 authorizing the City Clerk to advertise for bids for Project No. 6319-4-00 (J-9723) "Curb, Gutter and Overlay on 19th Avenue N.W. from 19th Street N.W. to Valley High Drive" to be opened on May 1, 2001. Ayes (5), Nays (0). Motion carried. Councilmember Senjem asked how and why the protocol process for the Stop Violence Against Women Fund Grant was so confusing. Steve Kvenvold, City Administrator, explained that the first two phases are complete in the development of the process and the remaining step is the evaluation process. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 192-01 authorizing the Mayor and City Clerk to sign the Independent Contractor Agreement with the Wilder Research Center as part of the Olmsted County/Rochester Community Sexual Interagency Council project. Ayes (5), Nays (0). Motion carried. Councilmember Senjem asked if the development of the records imaging program would include the County records as well. He was told that it would not. Councilmember Senjem moved, Stobaugh seconded, to adopted Resolution No. 193-01 approving the application for funding through the COPS MORE 2001 Grant Program and authorizes the Mayor and City Clerk to execute the agreement. Aye: (5), Nays (0). Motion carried. Councilmember Senjem asked if a public hearing could be held on the below - mentioned project. He noted that neighbors have been attending meetings during the past two years on a reconstruction project for Cascade Street that is now found not to be feasible because of the cost factor. He asked that a hearing be held to allow the neighbors the opportunity to speak in support of some type of project for the street. Councilmember Senjem moved, Hanson seconded, to instruct staff to schedule for a public hearing Project No. M009 (J-9612) "Concrete Curb and Gutter in Cascade Street N.W. from 9th Avenue N.W. to 18th Avenue N.W.". Discussion. Steve Kvenvold, City Administrator, said that information on the alternatives that thl Council may consider would be sent with the notice of hearing to the residents. The information will allow individuals to have a better understanding of the developments that have come up in the interim and make a judgement accordingly The alternatives are an overlay, rehab or a reconstruction project. Councilmember 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 6107 Agenda Item E-1 E-2 suggested that both a project and assessment hearing be held showing the cost to the residents of each and the rationale behind each type of project. Richard Freese, Public Works Director, said that the hearing should be set for the reconstruction because the assessment rate can be lowered at the hearing but cannot be raised. Councilmember Senjem moved, Stobaugh seconded, to table action Project No. M009 (J-9612) "Concrete Curb and Gutter in Cascade Street N.W. from 9th Avenue N.W. to 181h Avenue N.W.". Ayes (5), Nays (0). Motion carried. Councilmember Senjem moved, Stobaugh seconded, to call for a public hearing on Project No. M009 (J-9612) "Concrete Curb and Gutter in Cascade Street N.W. from 91h Avenue N.W. to 18th Avenue N.W." (reconstruct project) for May 21, 2001. Ayes (5), Nays (0). Motion carried. A Continued Hearing on Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan to vacate the undeveloped right-of-way located west of Tenth Avenue S.E. and affects the properties at 435 and 435 Y2 Tenth Avenue S.E. A member of the audience asked to have the project explained to him; Mitzi Baker, Planning Department, gave a brief explanation noting that the proposed roadway is platted but not built; the applicant need to rededicate drainage, maintenance and access easements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 194-01 approving Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan with three conditions. Ayes (5), Nays (0). Motion carried. A Continued Hearing on Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste Management for a Transfer Station on Property Located Along the East Side of 11th Avenue S.W. and South of Tenth Avenue S.W. Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing the applicants. Mr. Arnold gave a brief history of Waste Management. They do commercial and residential waste and recycling pickup in and outside of the City. Their operation is located along 10th and 11th Avenue S.W. During part of the time they had a contract with Olmsted County to operate the County's Recycling Center at the waste -to -energy plant located east of Rochester. They have not had the contract with Olmsted County renewed and it expired the end of 2001. Therefore, they found that there was adequate space to construct a new facility to handle the commercial recycling at their present location as well as the transfer of municipal solid waste. They then applied for a restrictive development permit under the only category which would apply, "junkyard". In October 2000 the Planning and Zoning Commission approved the application subject to two conditions to be worked out with the City: (1) an escrow agreement for the maintenance of the roads, and (2) reconstruction of the intersection with 11th Avenue and County Road 16. Waste RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6108 Regular Meeting No. 7 —April 2, 2001 Agenda Item Management agreed to negotiate with the City at that time. The City also requested that a limitation be put on the tonnage and the number of vehicles that would use this facility. Planning and Zoning agreed that the latter restriction would not be needed. Negotiations were entered into with Public Works and the Planning Staff. The City also wanted an agreement to maintain the existing 11th Avenue S.W. 11th Avenue would be reconstructed and the new intersection built. Waste Management would also pay a portion of the costs for the intersection changes. Waste Management was not in agreement. Olmsted County became interested again in Waste Management operating the County's recycling center. At the end of February a competitor was awarded the recycling contract by Olmsted County. At that time, Waste Management asked to resume negotiations with the City through the Public Works Department. The same conditions were placed on the application. After a number of meetings, a new development agreement from Public Works was received on March 14th. That development agreement dropped requirements for an escrow and dropped requirements that a portion of the road intersection changes be paid by Waste Management. Mr. Arnold indicated that Waste Management has agreed to pay the substandard street charge of approximately $57,000, agreed to donate land for a wider 50-foot right-of-way easement, agreed to shut certain accesses to limit the flow of traffic in and out of the project, agreed to donate the pedestrian facilities, agreed to pay for the traffic control signage, and agreed to pay for the construction of a turn lane. A meeting to work out some of the details was held on March 16th. A revised development agreement was generated on March 19, 2001. The development agreement was acceptable to Waste Management. At the end of the meeting, Mr. Arnold stated he said, "is there anything else we should know about?" No response was forthcoming from Planning or Public Works. Last week, after a call to the Planning Department, Mr. Arnold found out that a letter from Phil Wheeler, Planning Director, stated that the escrow for maintenance and the reconstruction costs for the intersection changes, are back on the agenda as being inadequate public facilities; items 5b and 5c that they thought were negotiated away. He asked the Council to consider that the facility will not create a significant increase in traffic. It should be an additional four to five truck hauls a day at the most. Mr. Arnold noted that there are other businesses in the same area hauling truck tractors and other businesses with considerable truck traffic hauling; this is not a great change. There is no residential use in this area. The agreement had been negotiated since October of 2000; it was the understanding of Waste Management and Mr. Arnold that everything was satisfactory at the end of the meeting on March 16th, 2001. They are already paying a substandard street charge and that charge should be used for maintenance until 111h Avenue may be rebuilt. Mr. Arnold noted that reference is made to RCO 64.133 that says that required improvements related to the subdivision shall be installed at the sole expense of the applicant. This is a commercial use of the property; the property is not being subdivided; they are not doing subdivision work. He noted that it also says that assessments of costs to subsequent users may be applicable to a proposed project. This is not an assessment. If the City wishes to assess these costs, it should do so to all the truck haulers for the location. Brent Svenby, Planning Department, noted that when the Planning Commission recommended approval in October 2000, they recommended that the applicant 1 RECORD OF OFFICIAL'PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 2, 2001 6109 Agenda Item work with staff on items 5b and 5c. The applicant was not agreeable with those items so they were removed from the development agreement. Because they were removed from the development agreement, it appears that adequate public facilities are not being met. That instance prompted the memo from Phil Wheeler addressing the remission of items 5b and 5c. Mitzi Baker, Planning Department, said that the Adequate Public Facilities Standards are within Chapter 64 of the Zoning Ordinance and Land Development Manual. Chapter 64.100 says that "this chapter establishes standards to guide, design and review and proposed development involving the layout of new lots and streets and the installation of new public facilities." The development being proposed is a lot which could require installation of new facilities or improvements to those facilities that exist. Richard Freese, Public Works Director, said that the inadequacy of the public facility is the load -carrying capacity of the roadway. The existing road would have to be redesigned and reconstructed for a nine -ton load limit; the structural condition of the road today is currently one-half of that needed to be a legal nine -ton route. The current traffic from Waste Management is empty vehicles going to and from the facility. Waste Management is not being asked to pay more than their proportionate share for maintenance of the roadway. The current structure of the road is 6 inches gravel, 2 inches recycled blacktop and 2 inches bituminous; the road would need to be 15 inches of gravel and 4 inches of bituminous. Terry Adkins, City Attorney, commented on the reference to 64.133. this ordinance uses the word "subdivision"; the rest of the chapter relates to "development". This section may not apply. However, 64.131 does require certain facilities in all developments as well as 62.708 which talks about "preliminary development plan criteria". He stated that he was comfortable that the various ordinances require adequacy. Mr. Adkins felt that there was not enough evidence presented to show inadequacy. He asked that the item be continued until the next council meeting so that staff can prepare technical information on which the Council can rest their ultimate decision. Richard Freese, Public Works Director, said that he waived the requirement for a traffic impact report by Waste Management as he felt that he had enough evidence of the inadequacy of the road based on the knowledge of the basic construction of the road. He restated his earlier statement on the correct roadway specifications that exist on the road base and what was needed. He stated that any future hearing would not provide information not otherwise provided at tonight's meeting. Wishing to be heard was John Arnold, representing the applicant. Mr. Arnold responded to several items. Whether the road is adequate or inadequate, the road is being used and the same requirements will be there to upgrade the road in the future. He noted that a substandard street charge was paid to bring the inadequacy of 11 th Avenue up to adequate levels; no one else is being asked to pay that fee. What is being talked about is moving the intersection; four or five trucks a day is not going to make a difference. Where does the $57,000 maintenance fee go? If the substandard street fee is not enough, perhaps it should be revised so that everyone RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6110 Regular Meeting No. 7 — April 2, 2001 Agenda Item should pay the same fee. Mr. Arnold said that the proposed development agreement revised March 19`h, 2001; when it came with the changes to 5b and 5c crossed out, nothing was said about why the change came about. When asked at the final meeting if there was anything that should be known, the issue of inadequate public facilities was not raised. Richard Freese, Public Works Director, noted that the $57,000 is for the frontage or 11`h Avenue for Waste Management; one-half of the road along their property. The money is placed in a J-fund project account to be spent on the reconstruction of the road in the future. Councilmember Hanson asked if the conditions would have been placed on the applicant if it had not been a restrictive development; i.e., could they have used the road with the trucks without paying the maintenance fee. Richard Freese, Public Works Director, stated that if the project was a permitted use, the City would not be asking the applicant to pay a fee or require an escrow but the City could post the road if damage was being done by their operation. This is not a permitted use and the ordinance specifically allows the Council to deals with these types of circumstances if the proposed development is not a permitted use. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, to adopt Resolution No. 194A-01 approving Restrictive Development #00-29 Preliminary Plan by Waste Management with 16 conditions, waiving the final plan and including items 5b and 5c in the development agreement. Ayes (4), Nays (1). Motion carried. Councilmember Hanson voted nay. E-3 A Hearing on Preliminary Plat #01-06 by Countryside Builders to be known as Stonehedge First Subdivision located North of East Circle Drive, East of the Deerhaven Development West of Century High School. Wishing to be heard was Bob Larget, Yaggy-Colby, representing the applicant. He indicated previous concerns on access along Stonehedge Drive have been resolved. They are in agreement with the six conditions remaining. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Preliminary Plat #01-06 by Countryside Builders to be known as Stonehedge First Subdivision with six conditions, removing original condition #1, and directing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (5), Nays (0). Motion carried. E-4 A Hearing on Final Plat #00-40 by Ratzloff-Bigelow Development to be known as South Park Six located North of Pinewood Road S.E., west of 22"d Avenue S.E. ani east of the Bikeway Trail. 1-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY 'OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — Apnl 2, 2001 6111 Ll C Agenda Item E-5 M. E-7 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 195-01 approving Final Plat #00-40 by Ratzloff-Bigelow Development to be known as South Park Six with two conditions. Ayes (5), Nays (0). Motion carried. A Hearing on Final Plat #01-11 by First Alliance Credit Union to be known as Alliance Business Park First Replat located Along the North Side of 371h Street N.W. and East of East River Road. Wishing to be heard was Bill Tointon, McGhie & Betts, working with First Alliance. He indicated that they are in agreement with conditions #1 and #2 as modified. He asked that a revision be made to condition #3 as follows: "Prior to submitting the final plat documents, the applicant work with RPU to identify all necessary easements for future public watermain to serve Lot 2. The applicant shall either revise the final plat to add the easements or grant them with a site development plan, whichever is deemed acceptable by the City or by RPU." The revision was acceptable to the City. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 196-01 approving Final Plat #01-11 by First Alliance Credit Union to be known as Alliance Business Park First Replat with condition #1 as stated and revisions of conditions #2 and #3. Ayes (5), Nays (0). Motion carried. A Hearing on Annexation by Ordinance Petition #01-06 by the People of Hope Church on Land Located Along the North Side of Country Club Road and West of West Circle Drive/CR 22 and East of 45th Avenue N.W. Wishing to be heard was David Madson, 3714 First Street N.W.. Mr. Madson was concerned about the drainage that might flow from the parking lot in the development onto his adjoining property. He noted that his lot is the lowest in the subdivision. Wishing to be heard was Gary Rueter, 4912 Third Street N.W., representing the Church. He asked that this item be continued to April 161h to allow them to discuss the property with Public Works. Councilmembers Senjem moved, Hanson seconded, to continue to April 16 the hearing on Ordinance Petition #01-06 by the People of Hope Church. Ayes (5), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 7104-99 (J- 9541) "Curb, Gutter and Overlay on Green View Drive S.W., Green View Place S.W. and Green Field Lane S.W.". RECORD ,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6112 Regular Meeting No. 7 — April 2, 2001 Agenda Item E-8 Wishing to be heard was Joanne Thompson, 1911 Greenview Place South. Ms. Thompson said that there are four condos located in a cul-de-sac with very little frontage. Other people have indicated to her that the residents are being charged as to the depth of their lot rather than the frontage. The rear of the lot has drainage from Baihly Heights that has caused problems in the past. They have had to solve the problem themselves by landscape and drainage means. The City gave no assistance during the water problems but are now charging excessive assessments for the street project. Mike Nigbur, Public Works Department, pointed out that there are drainage issues in the back of the lot. There is no defined easement. The solutions that have been offered by Public Works have been unacceptable to the owners. Assessments in cul-de-sacs are assessed on an area basis so that each party is not overly burdened by a road project. Wishing to be heard was John Coleman, Greenview Drive S.W. He stated that Townhomes of Lakeview are in favor of the project. He noted that the assessment amounts for residents are in the $450 amounts and are equitable across the board. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No 197-01 approving Project No. 7104-99 (J-9541) "Curb, Gutter and Overlay on Green View Drive S.W., Green View Place S.W. and Green Field Lane S.W.". Ayes (5), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. 7104-99 (J-9541) "Curb, Gutter and Overlay on Green View Drive S.W., Green View Place S.W. and Green Field Lane S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 198-01 approving the assessments for Project No. 7104-99 (J-9541) "Curb, Gutter and Overlay on Green View Drive S.W., Green View Place S.W. and Green Field Lane S.W.". Ayes (5), Nays (0). Motion carried. E-9 IA Hearing on the Community Development Block Grant Program Amendment of the 1998 Action Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to amend the 1998 Action Plan for the Community Development Block Grant allocating $17,000 to the Rochester Area Foundation — First Homes Program 2001 Activity, and $20,500 into the Olmsted County Historical Society 2001 Activity. Ayes (4), Nays (0), Abstain (1). Motion carried. President Hunziker abstained. E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER! MINNESOTA Regular Meeting No. 7 — April 2, 2001 6113 1 Agenda Item F-1 G-3a CS3:' G-3c Councilmembers McConnell moved, Stobaugh seconded, to table action on the development agreement with Waste Management for the transfer station. Discussion. It was noted that items 5b and 5c discussed earlier in E-2 were to be incorporated into the agreement. Ayes (5), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 62.273 of the Rochester Code of Ordinances, Relating to Accessory Buildings, Floor Area, and Floor Area Definitions, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 58.98 Acres of Land Located In a Part of the West Half of the Northeast Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. (North of the Emerald Hills Development, South of 48`h Street N.E.) 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 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 (5), Nays (0). Motion carried. (South side of 19`h Street N.W., West of 32Id Avenue N.W., East of West Circle Drive) Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6114 Regular Adjourned Meeting No. 8 — April 16, 2001 Agenda Item A-1 As A"IN D-1-Z D-1 D-2 D-3 D-4 D-5 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. Boy Scout Troop #98 from the Elton Hills Area was in attendance and recognized by the Council. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.199- 01 referring the petition from Harvey Ratzloff, on behalf of Gene Starr, to the Public Works Department for a feasibility study for City services on land located in Sections 30 and 31, Cascade Township. Ayes (7), Nays (0). Motion carried. Councilmembers moved, seconded, to approve the following consent agenda items: Approved the minutes of the April 2, 2001, meeting. Approved the appropriation of $10,000 from the 2001 contingency Account to the Rochester Community and Technical College Foundation for the Voyageur Camp Program. See at end of D Items. Adopted Resolution No. 200-01 approving the sale of City property at 1813 First Avenue S.W. to the Housing and Redevelopment Authority for approximately $20,000.00. The Housing Authority will operate the home as a single-family rental unit. Approved the following licenses and miscellaneous City activities: Circus Rochester Women of Today — Jose Cole Circus at Olmsted County Fairgrounds — May 5 and 6, 2001 Gambling — Temporary Southeast Minnesota Associate of Realtors — Raffle — July 18, 2001 Master Plumber Ellingson Plumbing, Heating & Air Conditioning Sidewalks — Concrete Johnson Concrete, Dodge Center Rock Solid Concrete, Inc., Rochester A LaPointe Sign, Inc., St. Louis Park RECORD OF OFFICIAL PROCEEDINGS OF..THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 —April 16, 2001 6115 Agenda Item D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 Miscellaneous City Activities Rochester Area Family Y — Foot Race — June 2, 2001 Studio Academy Public High School — Fundraising Auction — April 28, 2001 Ronald McDonald House — Parade of Motorcycles — July 29, 2001 Alzheimer's Association — Memory Walk — September 8, 2001 Approved Accounts Payable in the amount of $1,368,744.40. Adopted Resolution No. 201-01 approving the Rochester Fire Department's request to apply for a Grant for $10,500 from the Federal Emergency Management Agency (FEMA) to fund fire fighting equipment and vehicles and authorized the Mayor and City Clerk to sign the grant agreement. Adopted Resolution No. 202-01 entering into a waste disposal agreement with Mayo Foundation for Rochester Animal Control to dispose of animal control wastes. Accepted the donation of $700 from the Rochester Dog Obedience Club to purchase of vests for Rochester Police Department canines. Adopted Resolution No. 203-01 approving the Rochester Police Department's request to apply for a Grant for $35,000 from the Minnesota Center for Crime Victim Services (MCCVS) to fund a temporary coordinator position for the Sexual Assault Interagency Council and authorized the Mayor and City Clerk to sign the grant agreement. See at end of D items. Adopted Resolution No. 204-01 authorizing the acquisition of land for Project No. J- 9753 "18th Avenue S.W. Trunk Sewer". Adopted Resolution No. 205-01 authorizing the acquisition of land for Project No. J- 9718 "Reconstruction of 50th Avenue N.W.". Adopted Resolution No. 206-01 authorizing the execution of the Development Agreement and Storm Water Agreement with the owners of Barclay Square for the Kwik Trip located at Barclay Square. Adopted Resolution No. 207-01 authorizing the City to enter into a City/Owner Contract with Leslie Lurken and Elcor Construction Company for Project No. J-9798 "Basic Construction in Wedgewood Hills Fourth Subdivision". Adopted Resolution No. 208-01 authorizing the City to enter into a City/Owner Contract with Lumber One Avon, Inc. and Jech Excavating, Inc. for Project No. J- 9767 "Basic Construction to Serve The Villas of Valley Side First Addition". Adopted Resolution No. 209-01 authorizing the City to enter into 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". r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6116 Regular Adjourned Meeting No. 8 —April 16, 2001 Agenda Item D-18 I Adopted Resolution No. 210-01 accepting voluntary participation by Olmsted Medical Center Renovations in the City's Regional Storm Water Management Plan. D-19 Approved the ordinance amending RCO 76.09 and 76.11 requiring compliance with State statures and rules to obtain and maintain a license to perform sewer connection work within the City of Rochester. D-20 Adopted Resolution No. 211-01 authorizing the City Clerk to advertise for bids for Project No. 6304-4-00 (J-9734) "Curb, Gutter and Overlay on 4th Avenue N.W. from Zumbro Drive to 315t Street N.W". D-21 I See at end of D Items. D-22 Adopted Resolution No. 212-01 awarding the contract to Caution Wet Paint of Rochester for the three Traffic Signal and Parking Ramp Painting Bid Projects No. J-J-6399, J-4961, J-4213 at a cost of $68,731.00. D-23 I See at end of D Items. D-24 Adopted Resolution No. 213-01 awarding the bid to Foster Electric Company for installation of the Fiber Optic Local Area Network at the Water Reclamation Plant for $128,000.00. D-25 I See at end of D Items. Ayes (7), Nays (0). Motion carried. D-3 Councilmember McConnell stated that he was not in favor of the City dealing in the real estate business. He was not in favor of the purchase of property by the City at 14 South Broadway for a possible future use. He said that the example set by Royal Management, that of buying the properties themselves at fair market value, be the policy for the City. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 214- 01 approving a purchase agreement with Gil Gilbertson for acquisition of 14 South Broadway in the amount of $320,000.00 to be used for the Broadway Plaza redevelopment project. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. D-11 I Councilmember Senjem asked if there are public hearings in the condemnation process; where would the public hearing occur in this situation. Terry Adkins, City Attorney, stated that in condemning land, in this case the City, has to file a petition with District Court, there is a public Court hearing on the petition. You must be able to show two things: (1) that the condemnation is for a public purpose, and (2) that the amount of land that is being taken is necessary to accomplish the public purpose. If an argument is made in opposition to that decision, the Court will then make a decision based on the two points. If the Court agrees with the City, the next step is to determine how much the land will cost. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 — April 16, 2001 6117 Agenda Item D-21 D-23 D-25 Three persons appointed by the Court will hear the evidence of appraisals and come up with a final dollar amount. Any party to the lawsuit can then appeal that decision to a jury trail. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 215-01 authorizing the City Administrator to negotiation the Joint Powers Agreement and further authorized the Mayor and City Clerk to execute the negotiated Joint Powers Agreement with the State of Minnesota for the acquisition of right-of-way for the TH63 interchanges at 40th Street and 48th Street South and related local road improvements. Ayes (7), Nays (0). Motion carried. Councilmember Hanson asked when the project would be completed once the bids are taken. Dave Rossman, Public Works Department, stated that the contractor usually has ten days to start up; the completion on this contract is September 1, 2001. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 216-01 authorizing the City Clerk to advertise for bids for Project No. M1-51 (J- 6325) SAP 159-120-10, SAP 55-601-15 "Traffic Signals at Intersection of CSAH 1 (111h Avenue) & 24th Street S.E.". Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked where does the responsibility for maintenance, inspections, driver certification, drug testing, etc. reside in the event of a lease of this type. Tony Knauer, Public Works Department, said that the bus would be available to other transit agencies such as Red Wing, Winona, and Austin. All drivers must meet the MnDot and State regulations. Other agencies must commit to the responsibilities prior to using the bus. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 217- 01 authorizing the Mayor and City Clerk to sign a memorandum of understanding between the City, the Minnesota Department of Transportation and Southeastern Minnesota Citizens Action Coalition regarding the lease, maintenance and administration of the MnDOT District 6 Bus. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the use of credit cards will involve debit cards as well. Councilmember McConnell also asked if Wells Fargo Bank was the only bank considered. Dale Martinson, Finance Director, said that the credit cards could also be Cash and Check Cards. Mr. Martinson looked and compared rates with other banks; we also obtain a better rate due to the City's business now being handled by Wells Fargo. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 218- 01 authorizing execution of the Merchant Service Agreement with Wells Fargo RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6118 Regular Adjourned Meeting No. 8 — April 16, 2001 Agenda Item Bank Card Services Division under the fee schedule currently proposed or as later negotiated by the Finance director based on transaction volume. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing on Land Use Plan Amendment #00-08 to amend from low density and medium density to commercial land located along the north side of 48tn Street S.W., west of TH63 and east of 11tn Avenue S.W. The applicant requested that Items E-1, E-2 and E-3 be continued to May 7, 2001. Councilmembers Hanson moved, Senjem seconded, to continue the Hearing on Land Use Plan Amendment #00-08, Zoning District Amendment #00-16, and General Development Plan #159 by R. L. Hexum & Associates to May 7, 2001. Ayes (7), Nays (0). Motion carried. E-2 A Continued Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone land from R-1 to M-1 and R-1 to R-2 located along the north side of 481n Street S.W., west of TH63 and east of 11 to Avenue S.W. See Item E-1. E-3 A Continued Hearing on General Development Plan #159 by R.L. Hexum on property located along the north side of 48tn Street S.W., west of TH63 and east of 11tn Avenue S.W. See Item E-1. E-4 A Continued Hearing on Annexation by Ordinance Petition #01-06 by the People of Hope Church on Land Located Along the North Side of Country Club Road and West of West Circle Drive/CR 22 and East of 45tn Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. It was noted that the applicant has requested to amend the request to annex only 9.47 acres rather than the originally requested 29.67 due to the higher costs than expected for services. Councilmembers Stobaugh moved, Evans seconded, to approve Annexation by Ordinance Petition #01-06 by the People of Hope Church and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Land Use Plan Amendment #01-01 by Badger Development II, LLC to amend from medium density residential to commercial land located along the south side of Valleyhigh Road N.W. and along the west side of Superior Drive N.W. Wishing to be heard was Janey Shandley, 160 Interlachen Lane S.W., representin the applicant. Ms. Shandley stated that originally this parcel was a part of a larger development that was to have more commercial development. The parcel is to be 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY -OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 — April 16, 2001 6119 1 Agenda Item E-6 E-7 E-8 rezoned to contain some neighborhood services and businesses. She also noted that they are in agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 219-01 Land Use Plan Amendment #01-01 by Badger Development II, LLC 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 #01-03 by Badger Development II, LLC to rezone land from R-3 to B-1 located along the south side of Valleyhigh Road N.W. and along the west side of Superior Drive N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Zoning District Amendment #01-03 by Badger Development II, LLC. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #148 by Badger Development II, LLC on property located along the south side of Valleyhigh Road N.W. and along the west side of Superior Drive N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve General Development Plan #148 by Badger Development II, LLC 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 Type III, Phase II Restrictive Development and Incentive Development Preliminary Plan #01-02 by Home Federal Savings Bank located north of West Circle Drive, along the south side of 55th Street N.W. and east of 41st Avenue N.W. Wishing to be heard was Dwain Jorgensen, 4315 Arbor Lane N.W., Senior Vice - President, Home Federal Bank. Mr. Jorgensen stated that when developing their project they tried to work with the concerns that the neighbors had expressed; i.e., keeping the natural habitat and using the message sign for the neighborhood. He noted agreement with the seven conditions including the rewording of condition #7. Wishing to be heard was Kate Herness, 4136 57th Lane N.W. Ms. Herness represented the Northwest Neighbors Association. She expressed appreciation on the part of the neighbors for how well the developers of the project worked with their group. She also stated that the habitat and message sign usage were very important to them. Having no one further wishing to be heard, President Hunziker closed the hearing. 6120 RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 —April 16, 2001 Agenda Item E-9 E-10 E-11 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 220-01 approving Restrictive Development and Incentive Development Preliminary Plan #01-02 by Home Federal Savings Bank with seven conditions and the amendment to condition #7. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning Ordinance and Land Development Manual Text Amendment #00-03 to Section 62.937 Commercial Wireless Telecommunication Services and Towers to address location priorities, procedures for public review and specific design standards. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve the Zoning Ordinance and Land Development Manual Text Amendment #00-03 to Section 62.937 Commercial Wireless Telecommunication Services and Towers. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Business /Subsidy for the City of Rochester/PEMSTAR Project. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 221-01 approving the Proposed Business /Subsidy for the City of Rochester/PEMSTAR Project Expansion. Discussion. Councilmember McConnell stated that he was in approval of the aid that the City extended to PEMSTAR when they were a fledging company. However, now they are an established company, with ratings on the New York Stock Exchange, he did not feel that the City should to subsidize them. Councilmember McConnell felt that it was time they went on their own and TIF dollars when to new companies. Mayor Canfield echoed the sentiments of the rest of the Council saying that the TIF dollars that are spent are paid for by tax dollars that PEMSTAR pays and that would not have been available had PEMSTAR not grown. Councilmember Senjem moved, Stobaugh seconded, calling for the question. Aye (6), Nays (1). Motion carried. Councilmember McConnell voted nay. The original motion was voted on. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing to Consider the Proposed Changes to Bus Route #6. Wishing to be heard was Tony Knauer, Public Works Department, available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 LJI RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 — April 16, 2001 6121 1 Agenda Item E-12 E-13 Councilmembers Stobaugh Moved, Evans seconded, to adopt Resolution No. 222- 01 approving Changes to Bus Route #6 as proposed. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M1-18 (J- 9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". Wishing to be heard was Darci Kopischke, 2109 Fox Valley Drive. On February 26, 2001, she mailed a letter to the City expressing her concerns with some of the traffic calming devices used. She objects to the project if it means that the on - street parking will be lost. Ms. Kopischke noted that they have a narrow driveway that is sloped and the on -street parking is a necessity. She also did not want to have the rumble strips placed in front of her home. Wishing to be heard was Melanie Nordman, 1924 Fox Valley Drive. She presented a copy of the development plan from Public Works. Ms. Nordman showed Ms. Kopischke that the on -street parking will remain in front of her home and that the rumble strips will not be placed in front of her property. Doug Nelson, Public Works Department, said that some properties will be affected by the loss of street parking. There will also be some drainage challenges that will be dealt with by extension of the storm sewer. Wishing to be heard was John Nordman, 1924 Fox Valley Drive. Mr. Nordman thanked the Public Works Staff and Councilmember Marcoux for their work on this project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 223- 01 approving Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23�d Avenue S.W. to Salem Road". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 224-01 approving the Proposed Assessment for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". Ayes (7), Nays (0). Motion carried. E-14 A Hearing to Consider the Making of Local Improvement Project No. 6300-N-00 (J- 9217) "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 4t' Street to Northern Heights Drive". Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6122 Regular Adjourned Meeting No. 8 — April 16, 2001 Agenda Item E-15 G-2a G-2b G-2c G-2d Mike Nigbur, Public Works Department, noted that properties on the east side of North Broadway in the 1900 Block will not have assessments as they do not have direct frontage abutting the existing sidewalk. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 225- 01 approving Local Improvement Project No. 6300-N-00 (J-9217) "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 4tn Street to Northern Heights Drive" with removal of the assessments from the properties in the 1900 Block on the east side of North Broadway. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. 6300-N-00 (J-9217) "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 4tn Street to Northern Heights Drive". Having no one wishing to be heard, President Hunziker closed the hearing. Mike Nigbur, Public Works Department, noted that properties on the east side of North Broadway in the 1900 Block will not have assessments as they do not have direct frontage abutting the existing sidewalk. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 226-01 approving the Proposed Assessment for Project No. 6300-N-00 (J-9217) "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 41n Street to Northern Heights Drive" with removal of the assessments from the properties in the 1900 Block on the east side of North Broadway. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivision 2 of Section 76.09 and Subdivision 1 of Section 76.11 of the Rochester code of Ordinances, Relating to th License Requirements for Persons Making Connections to the Public Sewers, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 9.47 Acres of Land Located in a Part of the Northeast Quarter of the Northeast Quarter of Section 5 and a Part of the Northwest Quarter of the Northwest Quarter of Section 4, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North side of Country Club Road and West Circle Drive/County Road 22) An Ordinance Rezoning Certain property From the R-3 District to the B-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first readii South Side of Valleyhigh Road N.W., West Side of Superior Drive N.W.) An Ordinance Amending and Reenacting Sections 60.200 and 62.937 of the Rochester Code of Ordinances, Relating to Telecommunications Services and Towers, was given a first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 —April 16, 2001 & 3 Agenda Item G-3a 1-1 1 An Ordinance Creating and Enacting Chapter 64E, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the Fox Knob Special District, was given a second reading. Councilmembers Evans moved, Hanson seconded, to adopt the Ordinance as read. Ayes (5), Nays (2). Motion carried. Councilmembers Marcoux and McConnell voted nay. Terry Adkins, City Attorney, stated that at the April dinner meeting, the Council indicated that they wanted to go forward with an idea of adopting a resolution because of several contacts between the City and Road Constructors insurer, The Cincinnati Companies. As a result of the failure of The Cincinnati Companies to respond in any way to the various communications made by Mr. Adkins, the Council would entertain a resolution indicating that they would no longer accept any bond, surety or insurance policy provided by a contractor performing public work where The Cincinnati Companies was named as its insurer. Mr. Adkins indicated that, because word evidently got out to The Cincinnati Companies, he has been informed in the last week that they have now formally accepted the Tenure of Defenses that he made on Fox Croft and 131h Avenue/48th Street. The Cincinnati Companies will now defend the City, they have expressed an interest in keeping the League of Minnesota Cities Trust Attorney working on the case, and they will pay his bill. They also indicated that there will be separate counsel for the City and separate counsel for Road Constructors. Mr. Adkins said that in light of the fact that The Cincinnati Companies has accepted the Tenure of Defenses, he has not proceeded with the resolution as there is no basis at this time to take that action. He also indicated he tendered the defense last week on the Britiany Townhomes claims. If he does not receive a prompt response from the Cincinnati Companies, he will again bring the matter to the Council. Having no further business, Councilmembers Stobaugh moved, Hanson seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Agenda Item A-1 B-1 C-1 C-2 C-3 D-1-55 D-1 D-2 D-3 D-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 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. Wishing to be heard was Pastor Phil Shaw inviting the Mayor and City Council to share in a Tribute to Veterans ceremony on May 20, 2001, at John Marshall High School Auditorium. He said that the purpose of the Tribute is to thank those individuals who we love, who we have known and who we appreciate for giving their lives in service to our Country and fellow citizens. Councilmember McConnell pointed out that the residents of 17 %Z Street do not want total reconstruction of their street but rather looking at only the possibility of curb and gutter and overlay on the North side of the street. Public Works noted that they will do the feasibility study and look at all the possible options for the street. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 227-01 referring the petition for "Reconstruction of 17 %2 Street N.W. from 19th to 21" Avenue N.W." to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 228- 01 referring the petition for "Reconstruction of Seventh Avenue S.E. from 16th to 16 Street S.E." to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to approve the following consent agenda items: Approved the minutes of the March 19th and April 16th, 2001, Council meetings. Approved the appropriation of $4,063 from the 2001 Contingency Account to the Neighborhood Coordinating Council to print additional copies of City Ordinance Highlights Toward Neighborhood Awareness. See also at the end of the D Items. Approved the appropriation of $2,000 from the 2001 Contingency Account to the Administrator's Office budget for the purpose of funding an internship during the summer of 2001. Adopted Resolution No. 229-01 opposing the proposed National Fire Protection Association (NFPA 1710) standards related to minimum manning of fire vehicles and response times. D-5 I See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6125 1 Agenda Item MR D-7 1: M D-10 Adopted Resolution No. 230-01 authorizing the Mayor and City Clerk to execute Change Order #9 for Project No. J-6942 "Terminal Building Improvements at the Rochester International Airport" in an amount of $21,019.00. See at end of D Items. Adopted Resolution No. 231-01 approving the Professional Services Agreement with McGhie & Betts for $31,100.00 for Project No. J-6968 "Storm Water Management Plan" at the Rochester International Airport. Adopted the following Rochester Public Utility resolutions: Resolution No. 232-01 approving an agreement with DUECO, Inc. for one aerial device and fiberglass body and installation in the amount of $48,222.00. Resolution No. 233-01 approving an agreement with Knutson Construction Services, Inc. for $3,286,000.00 for Cascade Creek Unit 2 — Contract 3 Fuel Oil Unloading and Gas Turbine Utilities. Resolution No. 234-01 approving an agreement with Tri-State Drilling, Inc. for $46,637.00 for installation of two drilled pier foundations. Resolution No. 235-01 entering into an agreement with SAP Public Services, Inc. for $72,797.23 for software maintenance and support for 2001. Resolution No. 236-01 entering into an agreement with Osmose, Inc. for pole testing and treatment services in an amount not to exceed $40,000.00. Approved the following licenses and miscellaneous activities: Beer — Off -Sale 3.2 RSI-Supervalu, Inc. DBA Cub Foods,1021 15th Avenue S.E. Circus Rochester Junior Chamber of Commerce — George Carden Circus at Mayo Civic Center — May 1, 2001 (prior approvals by Councilmembers Hanson, Evans, McConnell, Hunziker) Gambling — Temporary Ronald McDonald House — Raffle at Willow Creek Golf Course — July 27, 2001 Outdoor Dining — Renewal Victoria's Authentic Italian Restaurant, 21 Second Street S.W. Daube's Bakery, 14 Historic Third Street S.W. O'Neill's Pizza Pub, 7 Second Street S.W. Sewer and Drains Bomgaars Enterprises, Inc., 1530 Greenview Drive S.W. 6126 RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 Sidewalks — Cement Wick's Construction, Inc., PO Box 428, Deborah, Iowa Wilson Construction, 322 Highland Avenue, Owatonna Sound Amplification Century High School — Target Leadership Group — Music for Outdoor — May 11, 2001 (request waiver of 8:00 PM time period) Miscellaneous Veteran's Memorial Association — Memorial Day Parade & Service — May 28, 2001 Rochester Area Habitat for Humanity — Bicycle Tour — June 16, 2001 A.B.A.T.E. —14th Annual Toys for Total Motorcycle Run — June 14, 2001 Rochester Track Club — Rochester Women's Race — July 21, 2001 Law Enforcement — Torch Run for Special Olympics — May 16, 2001 Adopted Resolution No. 237-01 approving the holding of boxing or sparring exhibitions sponsored by the Rochester BPO Elks Lodge No. 1091 for the period ending August 31, 2001. Approved Accounts Payable in the amount of $3,389,640.05. Adopted Resolution No. 238-01 approving and consenting to the financing of the Sale of a Revenue Note by Olmsted County for the benefit of Southern Minnesota Center for Independent Living, Inc. Adopted Resolution No. 239-01 entering into an agreement with Rochester Armored Car Company, Inc. for the pickup of daily banking deposits from the City Rochester. Accepted the donation of a mountain bike from Mercedes-Benz for use in the Pol Department's bike patrol. Accepted the donation of $200 from Connelly's Surplus to be used for Police H Guard training expenses. See at end of D Items. Adopted Resolution No. 240-01 approving the Wetland Delineation and Replacement Plan for the Olmsted County Public Works Department for construction of a realigned County Road U and bridge across the Zumbro River immediately south of West Circle Drive. Adopted Resolution No. 241-01 approving the Wetland Delineation and Replacement Plan for Arcon Development, Summit Pointe II, for the filling of acreage located immediately north of White Oaks Subdivision, east of 50th Avenue N.W. and south of 65th Street N.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6127 Agenda Item D-20 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. 242-01 approving a Routine Maintenance Agreement with MnDot for the section of TH63 from 6th Street South to 13th Street North for the period of June 1, 2001 to June 30, 2003. Adopted Resolution No. 243-01 entering into a Development Agreement Amendment for the Circle 19 Development with Hartman Farms, Inc., B & H Development LLC, and David T. Bishop and Beatrice Bishop Trust. Adopted Resolution No. 244-01 entering into a Development Agreement Amendment for the Kingsbury Hills Development with Bigelow Enterprises, Inc. Adopted Resolution No. 245-01 entering into a Settlement Agreement with Westridge Hills, Inc. for Project No. J-9545 Right of Way Acquisition for 48th Street. Adopted Resolution No. 246-01 authorizing the execution of a Pedestrian Facilities Agreement with Goodin Company for part of Lot 15, Block 1, Replat of Lot 5 and all of Lot 6, Block 1, Hendrick's Subdivision for providing a ten -foot wide bituminous path along the entire frontage of the property abutting 191h Street N.W. Adopted Resolution No. 247-01 entering into a Pedestrian Facilities Agreement with Rick Hexum, Jr. for Lots 1 and 3, Block 1, 1808 Properties for providing a five-foot wide concrete sidewalk along the entire frontage of the property along 3`d Avenue S.E. Adopted Resolution No. 248-01 entering into a Pedestrian Facilities Agreement with Gale Bisping for Lot 1, Block 2, Golden Hill Addition for providing a five-foot wide concrete sidewalk along the entire frontage of the property abutting 19th Street S.W. Adopted Resolution No. 249-01 executing an Amended City/Owner Contract with DKMC Development and Road Constructors, Inc. for Project No. J-9636 "Basic Construction to Serve Pine Ridge Estates Fourth Subdivision". Adopted Resolution No. 250-01 executing a City/Owner Contract with Windsor Well Corporation and Rochester Sand and Gravel for Project No. J-9797 "Basic Construction in Greystone Second Subdivision". Adopted Resolution No. 251-01 executing a City/Owner Contract with AGD Airport Hotel Limited Partnership and A.B. Systems, Inc. for Project No. J-9782 "Watermain and Hydrant to Serve the Sleep Inn Hotel (Airport Property)". Adopted Resolution No. 252-01 executing a City/Owner Contract with K & P Properties and Elcor Construction for Project No. J-9802 "Basic Construction in Orchard Ridge First Subdivision — Phase 2, consisting of Lots 14-20, Block 6, and Lots 8-14, Block 3". Adopted Resolution No. 253-01 executing a City/Owner Contract with Christ Our Rock Lutheran Church and Elcor Construction for Project No. J-9697 "Basic Construction to Serve Christ Our Rock Subdivision". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 6128 Agenda Item D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-40 D-41 D-42 D-43 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 Adopted Resolution No. 254-01 executing a City/Owner Contract with C.D. Smith Construction and Jech Excavating for Project No. J-9763 "Watermain and Hydrants to Serve Lot 1, Block1, Cascade Ridge Subdivision — Charter Communications". Adopted Resolution No. 255-01 executing a City/Owner Contract with B & H Development and Friedrich Construction for Project No. J-9658 "Basic Construction to Serve Circle 19 Plaza — Phase 2". Adopted Resolution No. 256-01 accepting voluntary participation by Carpet One Store, Staples Oil Company, Ron Yanish Office Building, and RC Properties Office Building in the City's Regional Storm Water Management Plan. Adopted Resolution No. 257-01 approving the execution of the agreement between the Minnesota Department of Transportation and the City of Rochester for the Federal Participation in Advance construction of Project No. J-4940 S.P.159-020- 06, "Viola Road Bike Trail". See at end of D Items. See at end of D Items. See at end of D Items. Adopted Resolution No. 258-01 approving a Design Engineering Service Agreement with McGhie & Betts, Inc. for $28,400.00 for Project No. M097 (J-9760) "Basic Construction to Serve Lots 213 through 32, Block 2, Sunnydale Subdivision". Adopted Resolution No. 259-01 approving a Construction Engineering Service Agreement with Yaggy-Colby Associates for $132,500.00 for Project No. M-02 (J- 9747) "Sub-Trunkline Sanitary Sewer to Serve the Forest Hills Subdivision Area" and Project No. M1-04 (J-9748) "Sanitary Sewer and Watermain Extension to Serve the Forest Hills Subdivision Area". Adopted Resolution No. 260-01 approving a Construction Engineering Service Agreement with WHKS & Company for $105,485.00 for Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain Extension to Serve Elmcroft Subdivision Area". Adopted Resolution No. 261-01 approving a Construction Engineering Service Agreement with WHKS & Company for $11, 220.00 for Project No. M006 (J9603) "Water Tower to Serve Southeast Service Area (Rose Harbor Site)". Adopted Resolution No. 262-01 approving a Construction Engineering Service Agreement with Yaggy-Colby Associates for $7,500.00 for Project No. M005 (J- 9602) "Sanitary Sewer and Watermain Extension to Serve Woodland Hills Subdivision". D-44 I See at end of D Items. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6129 Agenda Item D-45 D-46 D-47 D-48 D-49 D-50 D-51 D-52 Adopted Resolution No. 263-01 awarding the contract to Rochester Sand & Gravel in the amount of $152,982.13 for Project No. 6319-4-00 (J-9723) "Curb, Gutter and Overlay on 19th Avenue N.W. from 19th Street N.W. to Valley High Drive". Adopted Resolution No. 264-01 authorizing the City Clerk to advertise for bids for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". Adopted Resolution No. 265-01 authorizing the City Clerk to advertise for bids for Project No. 6201-2-00 (J-9724) "Curb, Gutter and Overlay on 1" Street S.E. from 13th Avenue S.E. to 15th Avenue S.E." Adopted Resolution No. 266-01 authorizing payment of Supplemental Agreement #1 in the amount of $9,163.40 for Project No. 7106-98 (J-9508) "East Frontage Road — 551h Street to Pennington Court N.W." Adopted Resolution No. 267-01 authorizing payment of Supplemental Agreement #1 in the amount of $69,986.64 for Project No. 2323-2-97 (J-4890) "Mayo Run Environmental Corridor Improvements". Adopted Resolution No. 268-01 authorizing payment of Supplemental Agreement #1 in the amount of $66,640.00 for Project No. M026 (J-9656) "Public Improvements in Rose Harbor Subdivision". Adopted Resolution No. 269-01 authorizing the City Clerk to advertise for bids for Project No. 8215-36-01 (J-2592) "2001 Restoration of The Center Street Ramp". Adopted Resolution No. 270-01 adding and deleting the following paragraphs from the Comprehensive Traffic and Parking Resolution Book: 1. Section B "No Parking Zones" a) Delete paragraphs 109, 109.5, 121, 158 and 177 2. Section E "Passenger Loading Zones" a) Delete paragraph 17. b) Add paragraph (79.5) to read: 5th Avenue S.E. on the east side of the street, from 5th Street to 6th Street, 15 minute limit, from 7:00 A.M. to 4:00 P.M. School Days Only. c) Revise paragraph (84) to read: 6th Street S.E. on the north side of the street, from 51h Avenue to 7th Avenue, 15 minute limit, from 7:00 A.M. to 4:00 P.M., School Days Only. 3. Section N "School Speed Zones" a) Delete paragraphs VI a and b b) Add paragraph XXII to read: 6th Street S.E. from 5th Avenue to 7th Avenue, School Days Only, 20 MPH. 4. Section Q "Temporary Street Closings": Delete previously authorized street closings for Holmes and Hawthorne Schools. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6130 Regular Meeting No. 9 — May 7, 2001 Agenda Item D-53 D-54 D-55 D-5 D-7 D-17 See at end of D Items. Adopted Resolution No. 271-01 authorizing the City Clerk to advertise for bids for the replacement of the HVAC Air Handling Unit at the Water Reclamation Plant. Adopted Resolution No. 272-01 authorizing the City Clerk to advertise for bids for the replacement of the Process Control Computer at the Water Reclamation Plant. Councilmember Senjem expressed concern that if an ordinance relating to how height is measured for accessory buildings is approved, it may mean that residents will not be allowed to build (garages) in certain locations where the terrain is uneven within the lot. He said he was in favor of at least looking at the problem but felt that the City needed to proceed with caution in adopting any regulation. Mayor Canfield related an incident where a garage was constructed on a lot; the terrain was higher in the back than the front. The garage blocked the view of surrounding residents. Councilmembers Senjem moved, Hanson seconded, to initiate a text amendment the Zoning Ordinance and Land Development Manual relating to how height of accessory buildings is measured. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. President Hunziker pointed out the recommendation of the Planning Department that the area for annexation by the Rochester International Airport be zoned AG rather than M-1 as previously recommended. Councilmembers Marcoux moved, Hanson seconded, to approve the annexation of the Billings, Carr, Menshik and Monson properties to the Rochester International Airport property and initiated a zone change to AG to accommodate the proposed use. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if something could be done about the impound lots resembling junkyards; they do not do a lot to enhance a neighborhood. The Planning Department was asked to look into the situation and perhaps recommend screening for these areas. Councilmembers Senjem moved, Evans seconded, to adopted Resolution No. 273- 01 approving the increase in towing and associated rates for towing companies servicing the Rochester Police Department. Ayes (6), Nays (0). Motion carried. D —36, Councilmember Senjem was concerned if the projects were adopted, the contracts 37 & awarded, and the pipes installed, would the City be spending dollars with no 38 guarantee that the properties would be annexed and the residents connect to the City sewer and water services. Gary Neumann, Assistant City Administrator, said that there is no guarantee that residents would hook up to the services; however, he said that there has been a high level of interest for the area to be in the City. He also said that the bids for the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6131 1 Agenda Item D-44 D-53 projects are reasonable. If the projects had to be rebid in the future, costs would be greatly higher. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 274- 01 awarding the contract to Winona Mechanical in the amount of $126,373.01 for Project No. M005 (J-9602) "Sanitary Sewer and Watermain Extension to Serve Woodland Hills Subdivision", and Adopt Resolution No. 275-01 awarding the contract to Elcor Construction in the amount of $1,531,771.25 for Project No. M1-02 (J-9746) "Sanitary Sewer and Watermain Extension to Serve Elmcroft Subdivision Area", and Adopt Resolution No. 276-01 awarding the contract to Road Constructors in the amount of $1,757,376.55 for Project No. M-02 (J-9747) "Sub-Trunkline Sanitary Sewer to Serve the Forest Hills Subdivision Area" and Project No. M1-04 (J-9748) "Sanitary Sewer and Watermain Extension to Serve the Forest Hills Subdivision Area". Ayes (6), Nays (0). Motion carried. Councilmember Hanson asked if there are deadlines on projects. If a contractor cannot meet the project timelines, can the bid be given to the second lowest bidder. He was concerned that there are a number of projects that remain half done. Terry Adkins, City Attorney, responded that you can only award to the second lowest bidder if you find cause that the lowest bidder is not responsible. Public Works staff noted that all contracts have deadlines on the completion of the work. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 277-01 awarding the contract to Road Constructors in the amount of $314,686.30 for Project No. 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 21 st Street". Ayes (6), Nays (0). Motion carried. Councilmember Evans asked if the stop sign at Century Hills School was installed to date. The Public Works Department will follow up on the stop sign question. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 278-01 amending Paragraph 303.2 of Section B "No Parking Zones"of the Comprehensive Traffic and Parking Resolution Book, to read: (303.2)Cassidy Drive N.E., on the west side of the street, for a distance of 100 feet each way from the Century High School Driveway, at all times. Ayes (6), Nays (0). Motion carried. 6132 RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 Agenda Item E-1 E-2 E-3 Councilmember Evans questioned whether contingency monies should continue to be spent on the Neighborhood Association and the printing of ordinance books. He said that the organization should be run with the monies that the Council initially provides them. Mayor Canfield noted that the ordinance books are not given only to the neighborhood associations but are also used as handouts by the area realtors. He stated that it is a good way to welcome people to the City. He also said that his office sends and offers numerous copies for distribution as needed. Councilmembers Evans moved, McConnell seconded, to reconsider the original vote on the appropriation from the Contingency Account. Ayes (6), Nays (0). Motion carried. Councilmember Hanson moved to table the item saying that he would like more discussion with the neighborhood association. Motion failed for lack of second. Councilmembers Evans moved, McConnell seconded, to deny the expenditure of $4,063 from the Contingency Account for the printing of ordinance books. Ayes (2), Nays (4). Motion failed. Councilmembers Hanson, Marcoux, Senjem and President Hunziker voted nay. Councilmembers Hanson moved, Marcoux seconded, to approve the appropriation of $4,063 from the 2001 Contingency Account to the Neighborhood Coordinating Council to print additional copies of City Ordinance Highlights Toward Neighborhood Awareness. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. A Continued Hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to amend the Rochester Urban Service Area Land Use Plan from Low and Medium Density Residential to Commercial on land located along the north side of 481h Street S.W., west of TH63 and east of 11th Avenue S.W. The applicant asked that this item be continued until May 21, 2001. Councilmembers Senjem moved, Evans seconded, to continue to May 21, 2001, the Hearing on Land Use Plan Amendment #00-08, Zoning District Amendment #00-16 and General Development Plan A#159 by R.L. Hexum & Associates. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone land from R-1 to M-1 and R-1 to R-2 located along the north side of 48th Street S.W., west of TH63 and east of 11th Avenue S.W. See Item E-1 A Continued Hearing on General Development Plan #159 by R.L. Hexum on property located along the north side of 48th Street S.W., west of TH63 and east of 11 th Avenue S.W. 1 ;1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6133 1 Agenda Item E-4 E-5 See Item E-1 A Hearing on Final Plat #01-15 by Freedom Development and Consulting, LLC to be known as Parkside Townhomes of Valley Side located along the east side of 40th Avenue S.E., south of Trumpeter Drive S.E. and west of Peregrine Drive S.E. Wishing to be heard was Dave Bell, Freedom Development Consulting, St. Cloud. He noted agreement with the recommendations and the one condition. Wishing to be heard was Roger Polansky, 1058 Double Eagle Avenue S.E. Mr. Polansky was concerned about the removal of mature pines located on the west side of 40th Street. He asked if there was any way that they could remain. Wishing to be heard was Dave Bell, Freedom Development Consulting, St. Cloud. Mr. Bell noted that it was their original intent to leave all the trees undisturbed. All units that they will build are on the bottom of the hill which leaves the direct access internally to 401h Street. There is a nine -foot path that will need to be constructed along the entire side of 40th Street from the north to the south into the new park. Future intent is to remove (shave) part of 40th Street to allow for longer sight lines for crossing cars. Road and path park will be completed immediately. There can be no shedding across the path from the road; a ditch will need to be constructed. The side of the hill will be dropped and the trees removed as a result. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution Nos. 279- 01 and 280-01 approving Final Plat #01-15 by Freedom Development and Consulting, LLC to be known as Parkside Townhomes of Valley Side with one condition and approving the proposed Substantial Land Alteration Activity. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #01-05 by Freedom Development and Consulting, LLC to be known as The Villas of Valley Side CIC 181 located along the east side of 40th Avenue S.E., north of Trumpeter Drive S.E. and Mallard Place S.E. Wishing to be heard was Dave Bell, Freedom Development Consulting, St. Cloud. He noted agreement with the staff recommendations. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 281- 01 approving Final Plat #01-05 by Freedom Development and Consulting, LLC to be known as The Villas of Valley Side CIC 181 with one recommendation. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on Final Plat #01-16 by Windsor Well Corporation to be known as Greystone Second located east of 18th Avenue S.W., north and east of Greystone Subdivision and south of the Bamberwood First Subdivision. A revised plat was submitted to the Planning Department. Staff recommended that condition #1 be removed. 6134 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 Agenda Item E-7 M.*] Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He noted their agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 282- 01 approving Final Plat #01-16 by Windsor Well Corporation to be known as Greystone Second with conditions #2 and #3. Ayes (6), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #01-02 by Willmar Investments to amend the land use designation from low to medium density residential on property located north of the Quarry Ridge Apartments north of 2"d Street N.W. and west of TH52. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He stated that the development would be two 15-unit apartment complexes. MnDot has indicated that there would be access to the existing frontage road as well as the new frontage road when built; all traffic will go directly to the frontage road. Originally the complex had two accesses; staff recommended one access. They are in agreement with the findings. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 283- 01 approving Land Use Plan Amendment #01-02 by Willmar Investments with the staff findings 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 #01-05 by Willmar Investments to amend the zoning district from R-1 to R-3 on property located north of the Quarry Ridge Apartments north of 2"d Street N.W. and west of TH52. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Zoning District Amendment #01-05 by Willmar Investments and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-9 A Hearing on General Development Plan #163 by Willmar Investments for Lot 1, Block 1 Hindermann Fitzgerald Subdivision located north of the Quarry Ridge Apartments north of 2"d Street N.W. and west of TH52. It was noted that there was no design modification needed to be approved and that the Park Department would be taking cash in lieu of land. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to approve General Development Plan #163 by Willmar Investments with three conditions and 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 6135 n Agenda Item E-10 E-11 E-12 instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #01-07 by Caryl Ripley to annex land located west of 50th Avenue N.W., south of 651h Street N.W. and north of the Douglas Trail. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., on behalf of the applicant. He noted agreement with all requirements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation #01-07 by Caryl Ripley and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M1-27 (J- 9788) "Sanitary Sewer and Watermain Extension to Serve the Thomas Subdivision Area". Wishing to be heard was Warren Oslin, 3120 Marion Road, speaking in favor of the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 284-01 approving Project No. M1-27 (J-9788) "Sanitary Sewer and Watermain Extension to Serve the Thomas Subdivision Area". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M-28 (J-9789) "Sanitary Sewer and Watermain Extension to Serve the Welch Subdivision Area". Wishing to be heard was James McQuire, 4215 33`d Street S.E. Mr. McQuire stated that he is not in favor of City sewer and water running into the Welch area at that time. He noted that his sewer and water system are sufficient. He is also concerned about curb and gutter once annexation would go through. Wishing to be heard was Patrick Schumaker, 4208 33d Street S.E., opposed to the City sewer and water project and annexation. Wishing to be heard was Mrs. Henry Sisson, 3301 42"d Avenue S.E., opposed to the project at this time. Wishing to be heard was Orville Kirkham, 3351 Marion Road S.E. He stated that he was opposed to the annexation and the project at this time. The cost would be close to $17,000 and not affordable to him. Wishing to be heard was Melody Jones, 3328 42"d Avenue S.E. She is opposed to the sewer and water and annexation. 6136 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 — May 7, 2001 Agenda Item Wishing to be heard was Mickel Owens, 3315 42"d Avenue S.E. Mr. Owens read a letter from his father, who could not attend the meeting, opposing the sewer and water project as prelude to annexation of this area. Wishing to be heard was Polly Owens, 3315 42"d Avenue S.E. Ms. Owens submitted a letter from her neighbor, Harold E. Whitt, 3320 42"d Avenue S.E. He indicated in his letter that the map accompanying the notice show that he had signed the petition in favor of the improvement project; he stated that he had never signed the petition. Mr. Whitt indicated that he is opposed to the sewer and water project and annexation of the area. Ms. Owens also stated that the feasibility study submitted with the notice stated that the petition was signed by 7 of 15 property owners; she said that the petition was signed by only 6 property owners. Another discrepancy is in the map of the area. The map of the orderly annexation agreement that went to the Marion Township Board shows two properties that were added into the agreement but were never part of the petition. She said that when property owners signed the petition, it was for sewer and water and did not indicate, nor did the property owners want, annexation. Not all municipalities in the State of Minnesota require annexation along with the extension of sanitary sewer and water. Ms. Owens asked that the Council vote against the sewer and water project and vote to amend the orderly annexation agreement to remove the Welch Court Area. On February 13, 2001, the Marion Town Board voted to amend the Orderly Annexation Agreement #5 to remove the Welch Court Area. Wishing to be heard was Winifred Flynn, 3241 Welch Court S.E. She noted that the maps still show 33`d Street S.E. as Welch Court and asked that the change be made. Ms. Flynn said that she is in need of a new sewer and is facing a large water repair bill. She indicated that she is in the middle between the City, the neighbors and her needs. She asked why the City and the Rural Electric Cooperate can't agree rather than cooperate. Wishing to be heard was Roger Bjerke, 3840 30th Street S.E., member of the Marion Town Board. He said that the Marion Town Board supported the residents of the Welch Court Area in asking for an amendment to the Orderly Annexation Agreement to remove the Welch Court Area. He said that there are other alternatives to the sanitary sewer and water extension by the City. Wishing to be heard was Gerald Campbell, 1501 50th Avenue S.E., a member of the Marion Town Board. He stated that if the reception for sewer and water was present, the Town Board would not oppose. Initially the residents of Welch Court wanted the project but now only 27 percent are in favor. He said that he has to back the other 73 percent of the residents who do not want to be a part of the city. Wishing to be heard was Mickel Owens, 3315 42Id Avenue S.E. Mr.Owens said that the property involved is on significant sand and is not problem for a sewer system. 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. 9 — May 7, 2001 61. 37 1 Agenda Item E-13 G-2a G-2b Councilmembers Senjem moved, Hansen seconded, to approve Project No. M-28 (J-9789) "Sanitary Sewer and Watermain Extension to Serve the Welch Subdivision Area". Discussion. Ayes (3), Nays (3). Motion failed due to lack of 6/7th vote needed. Councilmembers Evans, Hanson and McConnell voted nay. A Hearing to Consider the Making of Local Improvement Project No. M1-05 (J- 9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area". Wishing to be heard was Robert DeWitt, 604 111h Avenue S.W. Mr. DeWitz said that he was in favor of the project and in putting curb and gutter into the area as well. Wishing to be heard was Ed Shafer, 3124 Eastwood Road S.E. Mr. Schafer was in favor of the sanitary sewer and water project. However, he noted that most of the people living in this area are not wealthy and a curb and gutter project should be an option. He said that the subdrain issue should be looked at to see if feasible. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 285-01 approving Project No. M1-05 (J-9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area". Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (North of Quarry Ridge Apartments, North of Second Street N.W., West of Highway 52) An Ordinance Annexing to the City of Rochester Approximately 59.97 Acres of Land Located in a Part of the North Half of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (West of 50th Avenue N.W., South of 65th Street N.W., North of Douglas Trail) Having no further business, Councilmembers Evans moved, Senjem seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk 6138 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item A-1 B-1 C-1 D-1 D-1 D-2 D-3 Councilmember Dennis Hanson, 2004 24-1/2 Lane SE, announced that he played in the Children's Miracle Network Golf Tournament and $63,000 was raised for the Gillette Children's Hospital in Minneapolis and the Mayo Children's Hospital in Rochester. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Mack Evans. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 286-01 forwarding a petition from property owners requesting the City to reconstruct Third Street S.E. from 11th to 13 %2 Avenue S.E. to the Public Works Department for a feasibility study. Discussion. Councilmember Senjem stated that the petition asks for the study of a rehabilitation of the street and asked if Public Works was going to be studying the reconstruction. Doug Nelson, Public Works, stated that once the request is sent to the Public Works Department, they would investigate the street situation and determine the correct pavement strategy and subsequent assessment rates for the public information meeting. He stated that the public information meeting will likely happen early fall of this year. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Senjem seconded, to approve the following consent agenda items: Approved the minutes of the May 7, 2001, Council meeting. See at end of D Items. Adopted Resolution No. 287-01 awarding a contract with Rochester Sand and Gravel for Project No. J-6937 "General Aviation Ramp Expansion and New Ramp Lighting" in the amount of $717,476.40 and executing the State Aid Agreement with MnDot — Office of Aeronautics. D-4 I Approved the following licenses and miscellaneous activities: Dance — Temporary Chieng Mai Thailand, 1123 Civic Center Drive N.W. — May 19, 2001 (prior approvals: Marcoux, Hanson, McConnell, Evans) Fireworks Rochester Post Bulletin — Annual 4th of July Celebration at Silver Lake — Ju 4, 2001 Gambling — Renewal Premise Eagles Auxiliary, 409 First Avenue S.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6139 n Agenda Item Sidewalk — Cement Roger D. Peterson, Dover Signs RLO Sign, Inc., Shebaygan, Wisconsin Sound Amplifications Gregory Gilman, 1832 28h Street N.W. — Moving Party — Noon to 5:00 PM - June 2, 2001 Southern Minnesota Mothers of Multiples — Cook Park Family Picnic —10:30 AM to 11:30 PM — July 21, 2001 - (waiver of time restriction requested) Internal Medicine Residency Program — Kutzky Park Springtime Barbecue — 11:00 AM to 10:00 PM — June 1, 2001 - (waiver of time restriction requested) Rochester Area Family Y — Parking Lot Dance for Middle School Students — 7:00 PM to 9:00 PM — June 8, 2001 - (waiver of time restriction requested) The Salvation Army — Outdoor Concerts — 4:00 PM to 7:00 PM — June 24, 2001 and July 29, 2001 Mayo Medical Laboratories — Mayo Civic Center Park 30`h Anniversary Party — 5:00 PM to 9:00 PM — July 10, 2001 - (waiver of time restriction requested) 2001 World Police & Fire Games Torch Relay — Peace Plaza —12 Noon — May 29, 2001 - (waiver of time restriction requested) Miscellaneous Street Use Making Memories Carriage Services — Wedding Party — June 2, 2001 Beth Wood - By Making Miracles Carriage Service — May 12, 2001 (prior approvals: Marcoux, Hanson, McConnell, Evans) Kevin Lake — Horse Drawn Carriage for Wedding — July 7, 2001 Greg Neumann/John Horntvendt — Block Party — June 9, 2001 Rochester Area CROP Walk — October 14, 2001 2001 World Police & Fire Games Torch Relay — Torch Relay Through Rochester — May 29, 2001 Star of the North Games — 5K Road Running Race — June 23, 2001 Rochester Area Special Olympics — Centurion Bike Ride — July 14, 2001 Med-City Marathon — Conoco Kids Classic — Road Race — May 27, 2001 D-5 Approved Accounts Payable in the amount of $1,135,471.04. D-6 Approved the appointment of Debra Christenson to the Zoning Board of Appeals running to December 31, 2001. D-7 Approved the appointment of Vicki Synder to the Rochester Civic Music Board running to December 2003. D-8 Adopted Resolution No. 288-01 approving an increase in fees at the Rochester Animal Shelter for Breeder's Permits, Room and Board of Quarantine Animals, Owner Release Licenses and Unlicensed animals, and Disposal Fees. D-9 See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY, OF ROCHESTER, MINNESOTA 6140 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item D-10 Adopted Resolution No. 289-01 approving the findings of the 371h Street Theaters Traffic Impact Report. D-11 Adopted Resolution No. 290-01 approving the Annexation Connection Agreement with Light Evangelistic Association, Inc. D-12 Adopted Resolution No. 291-01 approving the Development Agreement for Rochester Pentecostal Church. D-13 Adopted Resolution No. 292-01 approving the Development Agreement for Thompson Property and Eastridge Corporation. D-14 Adopted Resolution No. 293-01 approving a City/Owner Contract for Project No. J- 9803 "Watermain to Serve Carpet One" with DMG, LLC and A.B. Systems, Inc. D-15 Adopted Resolution No. 294-01 approving a City/Owner Contract for Project No. J- 9773 "Watermain & Public Storm Sewer Relocation Serving the Addition to Apache Mall" with Rochester Mall LLC and Fraser Construction. D-16 Adopted Resolution No. 295-01 approving a Pedestrian Facilities Agreement with Super "C", LLC for Lot 9, Block 1, Airport Industrial Park. D-17 Adopted Resolution No. 296-01 accepting voluntary participation by the Professional Skater's Association in the City's Regional Storm Water Management Plan. D-18 Adopted Resolution No. 297-01 scheduling an Improvement Hearing for June 18, 2001, for Project No. M097 (J-9760) "Basic Construction to Serve Lots 23 through 32, Block 2 Sunnydale Subdivision". D-19 Adopted Resolution Nos. 298-01 and 299-01 authorizing the City Clerk to advertise for bids for Project No. MO-88 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area" and Project No. M1-05 (J-9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area". D-20 D-21 D-22 Adopted Resolution No. 300-01 awarding the contract to Rochester Sand & Gravel for Project No. 6304-4-00 (J-9734) "Curb, Gutter and Overlay on 4th Avenue N.W. from Zumbro Drive to 31st Street N.W.". in the amount of $117,388.84. Adopted Resolution No. 301-01 deleting paragraphs (90) and (90.5) from Section E "Passenger Loading zones" and paragraph (17) of Section J "Passenger and Commodity Loading Zones of the Comprehensive Traffic and Parking Resolution Book. Adopted Resolution No. 302-01 adding, amending or deleting paragraphs (229.1), (321) and (169.5) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: �1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6141 Agenda Item D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-2 e Delete (229.1) 23d Avenue SE on both sides of the street from 8'/2 Street SE to CSAH 9, at all times. Amend (169.5) 8 Y2 Street SE on both sides of the street from 21st Avenue To TH 14, at all times. Add (321) UCR Drive SE from College View Drive SE (CSAH 9) to TH 14, at all times. Adopted Resolution No. 303-01 calling for a public hearing on June 18, 2001 to consider establishing Residential Permit Parking zone #6 (Edison Neighborhood) on 81h Avenue SW/500 Block. Adopted Resolution No. 304-01 requesting MnDot to conduct a review of the existing speed zone on 55th Street N.W.; 50th Avenue to 601h Avenue Adopted Resolution No. 305-01 authorizing the City Clerk to advertise for bids for a biosolids injector vehicle for the Water Reclamation Plant. Approved the Rochesterfest miscellaneous activities for the 2001 Rochesterfest Celebration. Adopted Resolution No. 306-01 approving the street closings and bagging of meters for the 2001 Rochesterfest Celebration. See at end of D Items. Adopted Resolution No. 307-01 authorizing the sale of Lot 1, Block 2, Technology Park 2"d to the Mayo Foundation. Councilmember Senjem's and Stobaugh's affiliation with the Mayo Foundation was noted. Ayes (6), Nays (0). Motion carried. Councilmember Senjem inquired as to the long-term impact on the Rochester International Airport. He asked that the details of this project be discussed at a future Committee of the Whole meeting. Councilmember Marcoux noted that the resolution is from Senator Kiscaden and gave a brief explanation on the project. Councilmember Marcoux agrees that a presentation by Senator Kiscaden to the Committee of the Whole sometime after this legislative session would be beneficial. Terry Adkins, City Attorney, asked if the present high speed rail route is proposed to come through Rochester. Councilmember Marcoux answered that the proposed route does not come through Rochester. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 308- 01 supporting the planning and development of High Speed Rail routes between Chicago and the Twin Cities and the efforts of the Midwest Regional Rail Initiative. Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, asked that the Request for Council Action be amended to indicate that the Mayor and City Clerk are authorized to sign the application and RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6142 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item D-28 E-1 all other documents instead of the City Administrator and the Police Chief. Councilmembers Stobaugh moved, Hanson seconded to adopt Resolution No. 30� 01 approving the Rochester Police Department's request to apply for grant funding to purchase equipment enabling the Department to respond to incidents of domestic terrorism. Ayes (6), Nays (0). Motion carried. Councilmember Hanson commented that the traffic signal is by Willow Creek Jun High School and is scheduled for completion on August 15, 2001, which is in pier of time for school. Councilmembers Hanson moved, McConnell seconded to adopt Resolution No. 310-01 awarding the contract to Winkels Electric, Inc. for $138,396.00 for Project No. M1-51 (J6325) "Traffic Signals at Intersection of CSAH 1 (111h Avenue S.E.) and 24th Street S.E." Ayes (6), Nays (0). Motion carried. A Continued Hearing on Land Use Plan Amendment #00-08 by R.L. Hexum & Associates to amend the Rochester Urban Service Area Land Use Plan from Low and Medium Density Residential to Commercial on land located along the north side of 48th Street S.W., west of TH63 and east of 11th Avenue S.W. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing tt applicant. He apologized to the City Council for the length of delay on the project. He noted that he is speaking on this hearing and the next two as they relate to the same project. He indicated that they are in agreement with the conditions of the General Development Plan. He stated that he provided Mitzi Baker, Planning Department, with a revised General Development Plan that addresses her concerns under condition #1 of the GDP. Wishing to be heard was Dorothy Groth, 107 48th Street SW. She does not feel th, any more commercial property is needed in Rochester. She was told by Graham Properties that she could live in her house as long as she wanted to. She is against the project. Councilmember Hanson asked for a timeframe on the project. Wade DuMond stated that they do not have a planned timeframe at this time. It was noted that Ms. Groth would be allowed to stay in her home until the highway comes in. Ms. Groth noted that she owns the buildings on the property. Wishing to be heard was Dick Hexum, 805 Woodgate Lane NW. He stated that he is an option owner of the Graham Properties and it has been under contract for the last five years. They have the right to negotiate for zoning or any assessments that might be put against the property. He indicated that Ms. Groth has been allowed tc stay on the farm with no cost to her all this time. He stated that they are not aware of the buildings that have been put on the property and she would have to work thiE out with the Graham Properties. He stated that MnDOT will be putting an overpass on the corner of 48th Street SW and the entire farm will be taken due to that. Having no one further wishing to be heard, President Hunziker closed the hearing. L1 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6143 1 Agenda Item E-2 E-3 311-01 approving Land Use Plan Amendment #00-08 by R.L. Hexum & Associates and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Senjem inquired if there is 40 acres of land suitable for commercial development. Mitzi Baker, Planning Department, answered that they are asking for roughly 46 acres of land to be changed from 'low density residential' to "commercial" land use designation. She explained that part of the review is whether or not the terrain is suitable. She noted that the hill will be changed dramatically due to the interchange, collector road, etc., and the property would then be more suitable for commercial use. Councilmember Hanson asked that staff send Ms. Groth information on the highway layout and the real effects it will have on her building site. Doug Nelson, Public Works, stated that they would work with MnDOT to get this information to Ms. Groth. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #00-16 by R.L. Hexum & Associates to rezone land from R-1 to M-1 and R-1 to R-2 located along the north side of 481h Street S.W., west of TH63 and east of 11`h Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment #00-16 by R.L. Hexum & Associates with the findings suggested by staff and instructing the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Continued Hearing on General Development Plan #159 by R.L. Hexum & Associates on property located along the north side of 481h Street S.W., west of TH63 and east of 11`h Avenue S.W. Wishing to be heard was Mitzi Baker, Planning Department, regarding Commercial Drive. She pointed out that in the original GDP that the Planning Commission had acted on, that Commercial Drive at the north end of the property abuts the Highway 63 right-of-way. She explained that staff met with the applicant and suggested realigning the northern part of the right-of-way to allow for some buildable land between Highway 63 and Commercial Drive. She noted that the amended plan submitted by the applicant includes the realignment of the northern end of Commercial Drive to provide for some buildable property between the two rights -of - way. She pointed out that the official street map #12 does identify the right-of-way for Commercial Drive to be right up to the Highway 63 right-of-way and had suggested that a formal letter or petition be submitted to the Council to request that the Council change the official street map #12. They have not received an official request but by submitting the revised GDP, they are in essence requesting that the official map be amended and staff does support the change. Staff is requesting that the Council initiate changing the official street map if the GDP is approved by RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6144 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item E-4 the Council. President Hunziker asked if a formal request by the applicant was needed. Terry Adkins, City Attorney, stated that the City Council can take the initiative on their own without a formal request. Councilmember Senjem inquired if the spacing will continue onto Commercial Drive as it extends north. Mitzi Baker stated that they do not have a GDP for the property to the north. She stated that it provides the property owner to the north the opportunity to have buildable lots between the frontage road and Highway 63. She did contact the representative of this property to ask their preference and no direction was given. Councilmember Hunziker inquired about condition #7 being deleted. Mitzi Baker stated that there would be 8 total conditions with #7 getting wrapped in with #8. Councilmembers Hanson moved, Senjem seconded, to approve General Development Plan #159 by R. L. Hexum & Associates with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Hanson reiterated the need of staff to inform Dorothy Groth of the stages of this development. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to initiate an amendment of the official street map #12 to show the new alignment on Commercial Drive. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M009 (J- 9612) "Concrete Curb and Gutter in Cascade Street N.W. from 9th Avenue N.W. to 18th Avenue N.W." Wishing to be heard was John Wider, 2657 11th Avenue NW. He agrees that something needs to be done on Cascade Street NW. He feels there was an error in the process of determining the cost of the project. He noted that the neighbors were first contacted by Public Works that the cost would be $15 per front foot for the project and then were notified at a later date that more research was done by Public Works and the cost of the project is now $30 per front foot. He asked that the Council take another look at the project and come up with a compromise of either an overlay of the street at no cost or the $15 per front foot cost that was originally quoted. Wishing to be heard was Jane Sheffield, 1120 Cascade Street NW. She noted her frustration with the length of time that it has taken to go ahead with this project. She commented that the neighbors defeated the original proposal to reconstruct Cascade Street in 1989. She noted that the next time they were contacted by Public Works was in October of 2000 and were told that reconstruction would not need to be done and that the cost would be $15 per front foot. They were also told that they would hear something back by December of 2000.• The next they heard anything was a letter indicating there would be a hearing on the project in May of 2001 and that the street would need to be reconstructed and the cost would be $3C 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 1 b- May 21, 2001 6145 Agenda Item per front foot. She is concerned as to why the Public Works Department had not done any further checking before coming to the neighbors in October of 2000 and she is also concerned with the fact that the neighbors were surveyed on the basis of $15 per front foot compared to the $30 per front foot actual cost. She does realize that something needs to be done with this street but feels the Council should honor the first cost estimate of $15. Wishing to be heard was George Topness, 1111 Cascade Street NW. He noted that they were first contacted by Public Works to reconstruct the street in 1999 and not 1989 as noted by Ms. Sheffield. He noted his disappointment as well with the original bid for the project at $15 per front foot and now they are being told it will cost $30. He measured the drillings and came up with different measurements of blacktop currently on the street than what he has told from the Public Works Department. He surveyed the entire neighborhood in 2000 and had 59 people in agreement for the $15 per front foot price and now it is $30 and total reconstruction. He feels there needs to be negotiation on the price. Having no one further wishing to be heard, President Hunziker closed the hearing. Doug Nelson, Public Works, explained that the first public informational meeting was held in 1999 and their best guess strategy for the street was concrete curb and gutter with an overlay at a cost of $15 per front foot. He noted that the cost of reconstruction at that time was $30 per front foot, which was not anticipated to be needed. They did not get overwhelming support from the property owners in 1999 for the project so they did not go ahead and do further work and study on the project. Mr. Nelson further stated that the Public Works Department conferred with Councilmember Senjem in 2000 to do another public informational meeting with the property owners. He stated that since no further study had been completed, they again advocated for rehabilitation as their best guess strategy for the street and held the rate constant at $15 per front foot. He noted that more support was received so they moved the project forward. Over the winter months soil borings, detailed surveys and further investigation was completed to determine if the correct design was going to be possible. He noted that they found that the street is a variety of different compositions. He stated that they would not be able to get the positive drainage that is needed and found that it was not an engineering possible project as a rehabilitation and that a reconstruction would need to be done. He noted that reconstruction is considerably more work and expense. Councilmember Senjem stated that it has been a frustrating project for all involved. He stated that the engineering has typically been done after and not before a public informational meeting until it is determined that there is general interest in the neighborhood. He noted that this usually works out but the process did not on this instance. He discussed whether there is room for negotiation on the cost to the property owner. He indicated that there is a strong sense of interest in doing the project but people are not happy about the $30 cost. He thanked all of the neighbors for their cordiality when he went door to door to discuss this project. He suggests that a price of $25 per front foot would be fair. He feels that this situation is no fault of anyone but fault falls with the process in this case. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6146 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item President Hunziker asked if the $30 figure is a capped number. Doug Nelson answered yes and stated that the taxpayers pick up the difference if the cost come., in higher. President Hunziker stated that the taxpayers would also pick up the difference in the costs if the number were negotiated down. He noted his concern with the precedent that this may set even though he does understand the frustratioi of this particular project. Stevan Kvenvold, City Administrator, stated that he can understand the frustration of the people but does not feel that the staff not fully understanding the subsurface of the street justifies charging these people less than the City would charge anyone else for a similar project. He noted that at $30 per front foot, the City is only recouping approximately 25% of the project cost and the remaining 75% will come from the taxpayers. He stated that the condition of the street is not the staffs fault and he feels that either an overlay at no cost should be done or proceed with the $30 cost of reconstruction. He pointed out that the $30 rate was set two years ago and would be higher at today's rate. He noted that the cost to the property owner is assessed over a 10-year period with 7-1/2% interest. Stevan Kvenvold mentioned that the property tax collected by the City is not even sufficient to cover the costs of the Police and Fire Departments; therefore, part of the success of running the City is dependent upon the property owners covering at least a portion of the cost attributable to the street in front of them. He pointed out that the City has decreased the cost to the property owner and years ago people paid a lot more for work being done to their street compared to now so he feels the rate is reasonable. Councilmember Senjem reported that at the $30 price, 63 people supported going ahead with the project, 23 supported the overlay, 2 were neutral and 6 were not reachable. He stated that people obviously still want the project even at the $30 rate. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 311A-01 ordering Project J-9612 to be made at a cost to the property owner of $30 per front foot. Discussion. Councilmember Stobaugh commented that he has been in the same situation and unfortunately if you come down on the price, you take the difference out of another taxpayer's pocket. He stated that since the City has such a small amount of street repair dollars, he would support the $30 rate. President Hunziker asked if Public Works plans to take another look at how these projects are handled in the future. Doug Nelson commented that lessons have been learned with this and other projects. He explained that in the past they used to do a complete design before they would take the project to the neighborhood bi went away from that as a lot of resources were expended. They decided to only evaluate the surface condition and use that information when going to the neighborhood. He feels there is more information that can be gathered such as a few key soil borings that would hopefully prevent this type of situation from happening. 1 l Councilmember Hanson commented that he feels there may be more support for a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6147 1-1 Agenda Item E-5 E-6 negotiated figure than Councilmember Senjem thinks as he feels a mistake was made by the City. Councilmembers Senjem moved, Hanson seconded, to amend the original motion to substitute the assessed rate of $30 per front foot to $25 per front foot. Ayes (2), Nays (4). Motion failed. Councilmembers Marcoux, Hunziker, McConnell and Stobaugh voted nay. President Hunziker called the question on the original motion. Ayes (5), Nays (1). Motion carried. Councilmember Hanson voted nay. A Hearing to Consider the Proposed Assessment for Project No. M009 (J-9612) "Concrete Curb and Gutter in Cascade Street N.W. from 9th Avenue N.W. to 18th Avenue N.W." Mike Nigbur, Public Works, noted that the concerns on E-4 should be brought forward to E-5. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 312-01 levying the proposed assessments for Project J-9612. Ayes (5), Nays (1). Motion carried. Councilmember Hanson voted nay. Councilmembers complimented Councilmember Senjem for all of his efforts on this project. A Hearing on Zoning District Amendment #01-04 initiated by the Rochester Common Council to establish zoning districts for lands within Sections 10, 11, 14, 15, 16, and 23, formerly Rochester Township. Wishing to be heard was Jerry Downes, 1324 28th Street SW. He lives in Bamberwood and is in favor of the R-Sa zoning. They selected Bamberwood originally due to larger lots and wooded areas. He listed three reasons for wanting the R-Sa zoning: 1) to preserve the design integrity of the area, 2) to control the traffic on 281h Street, and 3) the impact on home values. President Hunziker asked for those coming forward to speak to please state what section they are talking about as there are several areas that are included in the hearing. Wishing to be heard was Ken Moen, 505 Marquette Bank Building, representing a number of neighbors in a couple of the sections. He referred to the area on the map marked "undecided" and stated that this is Lenwood Heights and their position is in support of the Planning Commission's recommendation of R-Sa zoning. He noted Merrihills 1 and 2 are in support of the Planning Commission's recommendation of R-Sa zoning. He referred to Bamberwood which circles the Plunkett property and the Planning Commission recommended R-Sa for all of Bamberwood except the Plunkett property, which they recommended Interim. He RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6148 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item noted that their position is for all of the property, including the Plunkett property to be zoned R-Sa. He referred to the north end of the map to the Oakledge and Hyland areas and their position is the Planning Commission's recommendation of R-Sa zoning. They are looking for support from the City Council on what the Planning Commission recommended in spite of what the staff recommended in the areas that he pointed out. He commented that the most contentious area is the Plunkett property. Mr. Moen pointed out that the Greystone area on the map which is zoned R-1 and is developed on 1 - 1.25 acre parcels. He stated that the Council recently approved a final plat for Greystone 2, which is also similarly sized. The properties surrounding the Plunkett property are 2 - 2.5 acre parcels. Councilmember Hanson asked Ken Moen if the property owners he represents would be in agreement if the Plunkett property were developed with a minimum of 1-acre parcels similar to the Greystone development or if they want a development with larger lots. Ken Moen stated that their position would be a formula that takes into consideration the development of the Plunkett property in light of the surrounding development, including Greystone 1 and 2. He stated that in the R-Sa zoning, for frontage and lot size, it would be based upon an averaging concept of lots within 200 feet. In the R-1 zoning, the developments around the land are ignored and the minimum lot size is 6,000 square feet per lot or 7.25 lots per acre. The people he represents are not willing to put up with a development of this type next to their developments that have larger lot sizes. President Hunziker commented that Mr. Moen has been referring to the minimum lot size of 6,000 square feet which is the worst case scenario but the lot size does not have a maximum so the person developing the property in an R-1 zone could very well develop a larger lot development. Ken Moen stated that if the Plunkett property were zoned R-1 and a proposal comes before the City Council with smaller lot sizes such as the 6,000 square feet, it would be difficult for the Council to deny it. He urged the Council to look at the proper zoning which is scaled appropriate to the surrounding property. He stated that he has seen legal arguments that the R-Sa zoning is not allowed for undeveloped property. He feels it is totally consistent with the City's Zoning Ordinance to zone this property R-Sa. He referred to Section 60.323 of the Land Development Manual which includes a statement that the established districts (including R-Sa) are applied to lands partially or fully developed and the Plunkett property would be included as partially developed. He feels it is more than appropriate to include the Plunkett property in the R-Sa zoning district and he does not see anything in the City's code that would prevent the Council from applying R-Sa to the Plunkett property. He stated that surrounding areas should be taken into consideration when zoning property. He noted that if the Council does not approve of the zoning of the property, it would remain in the Holding zone which would prevent people from being able to add on, expand their garage, etc. He would like action taken tonight on the approval of the R-Sa zoning. President Hunziker inquired about Interim zoning district. Mitzi Baker, Planning Department, stated that Interim would have the same limitations as Holding. Phil Wheeler, Planning Department, pointed out that in calculating the area for the lots if the R-Sa zoning is used, you can only use parcels that are in the same 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6149 Agenda Item district so the lot sizes in the Greystone development would not be germane to the calculation of the lot sizes on the Plunkett property. Councilmember Marcoux referred to the land development parameters and inquired if the Plunkett property would have to go through a transition type of development on to the abutting properties, depending on what the property is zoned. Mr. Wheeler stated that this is correct and explained. Mr. Moen mentioned that there are different uses allowed in the R-1 zoning including a funeral home, a type of medical facility and an office that would not be allowed in R-Sa. He stated that given the criteria for development, these developments would be unlikely but they are possible. He commented that they want development that is consistent with what is on both sides of the property. Councilmember Senjem commented that he talked with Mr. Plunkett as well as several property owners about R-1 zoning and a Greystone type development. He stated that all involved seemed to feel that a Greystone type development would be reasonable but the surrounding property owners would not want a development with any smaller lot sizes. He feels that if the property is put into the R-Sa zoning and a development similar to the Greystone development is brought forward with a companion zone change to R-1, it would give the assurance of a compatible neighborhood that generally everyone could accept. Wishing to be heard was Rick Plunkett, 6486 Buck Ridge Court NE, representing his family which is the owner of the 46 acres. He stated that they are asking for fairness. He stated that the City brought them into the City limits and they want the City's laws to be applied fairly, as intended, to their property. He stated that they are not intending to develop the Plunkett property in the near future but stated that the City of Rochester has a policy of growth and has rules that are established for the construction of new homes and they should be given the privilege of the fair application of those statutes and ordinances. He referred to the correspondence from the City Attorney included in the agenda packet that states that the intent of the R-Sa zoning is to apply to existing residential land and not undeveloped land. He stated that R-1 is the best available zoning for their property as they do not want a commercial zoning designation and they do not believe that the R-Sa zoning of this property is the intent of the ordinance. He reviewed the Greystone Development and that people were opposed to the development but a lot of the fears that were expressed with this development did not occur. He stated that the R-Sa designation would prohibit a Greystone type development on the Plunkett property as R-Sa requires a minimum of 2-acre lots with City services. He stated that this would be uneconomical to the development of this property and they would not be able to sell the lots due to the expense. He feels that placing the property in the R-Sa zoning designation so that the property is not developed with 6,000 square foot lots as would be allowed in R-1, is an inappropriate use of the law. He commented that people have expressed that a Greystone type development of 1- acre lots would be acceptable but the R-Sa zoning would not allow that. He noted that an R-Sa designation of this property could prove to be difficult to develop in the future. He stated that the land is not developed at this time and the R-Sa designation is to be used for developed land. The property exists as it did 40 years RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6150 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item ago and if it would be developed, they would approach the development of the land in a very serious manner as he grew up in the area and would also be concerned with the use of the land. They request that the City apply its laws as they exist and grant a designation of R-1 to the Plunkett property. Wishing to be heard was Stephen Carmichael, 1435 20th Street SW, concerning Oakledge area and Hyland acres area. He and his neighbors request that these areas be designated R-Sa as recommended by the Planning Commission. Wishing to be heard was Barry Gilbert, 2227 Lenwood Court SW, concerning Lenwood Heights. He stated that survey cards were sent out to the neighborhood regarding the preferred zoning and 75% of the cards were returned and 100% of those returned cards requested R-Sa zoning. They are in agreement with the Planning Commission's recommendation of R-Sa zoning for the Lenwood Heights area. Wishing to be heard was Nathan Harff, 2015 18th Avenue SW. He pointed out his property on the map which is near the Lenwood area. He stated that they just moved into this house and request R-Sa zoning. Mitzi Baker, Planning Department, noted that the lot on the corner of the two yellow areas on the map (near the Lenwood area) requested R-1 zoning. President Hunziker inquired if the Planning Department has any problems with the spot zoning in this area. Phil Wheeler, Planning Department, stated that there is not a problem with spot zoning in this area. Wishing to be heard was Meellee Fish, 2039 Institute Hills Road SW, requesting that her property be zoned R-Sa as recommended by the Planning Commission. Wishing to be heard was Mrs. Roger Peterson, 2627 Elmcroft Drive SW. She referred to her property on the map. She noted that they request R-Sa zoning. She asked for the results of the survey of the property owners in Elmcroft 3rd Addition. Mitzi Baker, Planning Department, reported that 50% voted for R-Sa, 22.2% for R-1 and 27.8% no response. She noted that the Elmcroft area is broken into many subdivisions with some only having 3 lots. She noted that they tried to look at this in geographic areas and not limited to subdivision boundaries. She noted that they took into consideration a number of factors in formulating a staff recommendation on the proposed zoning for this area including: existing home placement on lot, lot configuration, possibility of resubdividing and flexibility issues for future additions onto the homes. Staff felt that the R-Sa zoning that the property owners requested would be more restrictive based on the many factors that staff looked at. She noted that they have had contact from some of the owners that want to add on to their buildings and R-Sa would be more restrictive. Mrs. Peterson stated that she was told at the informational meeting that no one on her block could build another house on their lot and since then she has found two lots right across the street that could and an area undeveloped that is close to her that could. She is requesting R-Sa zoning and not the R-1 zoning as recommended by the Planning Commission. n L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6151 Agenda Item 1 Wishing to be heard was Karen Yaszemski, 2806 15th Avenue SW. She submitted for official record additional petitions from property owners in Bamberwood 1 st and Merrihills 2"d Subdivisions of people that were not available to sign the petition previously. She explained the unique situation that exists in the Bamberwood 1st and Merrihills 2"d Subdivisions with 2 large Plunkett lots in the middle of their neighborhoods. She stated that both subdivisions end in cul-de-sacs with no through accesses, one way in and one way out. They feel the integrity and security of their areas will go away with the R-1 zoning of the Plunkett property. She stated that they have a close knit type of community integrity and it would cease to exist if R-1 zoning were allowed. They are requesting R-Sa zoning for all of Bamberwood and Merrihills 2"d Subdivision including the Plunkett property. She reviewed that they had a 100% R-Sa zoning response for the 44 homes in the Bamberwood area with only 1 conflict of interest (Mrs. Emery Plunkett) and a 92% R-Sa zoning response from Merrihills 2"d Subdivision with 1 person out of town and 1 undecided with a total of 22 homes. She stated that they cannot take Mr. Plunkett's word at face value. Councilmember McConnell asked if they are opposed to small homes. Ms. Yaszemski stated that they have chosen an area that has larger lots for a reason and they want to keep the intregity of this area intact. She commented that the Plunkett property is an island in amongst all the R-Sa zoning and they should not be penalized because there is potential for high density housing in this property. Gary Neumann, Assistant City Administrator, commented that the situation with regard to this development is fairly unique as it relates to the Rochester Zoning Ordinance. He explained that the City allows a small minimum lot size and the market typically takes care of what type of housing goes in. He stated that he does not think anyone would assume that 6,000 square foot lots would come into this area but that is the potential under the Zoning Ordinance. He noted that a lot of communities have an R-1 lot size in the neighborhood of 9,000 or 10,000 square feet and is used for an area which has larger lots. A home in Rochester with this lot size would run in the $250,000 range. Most people say that it is not the lot size that determines the value of the home but rather the market that the home exists in. He noted that the cost of developing this property in the future is of concern due to the high cost of City sewer and water service. He referred to earlier comments that the property could be zoned R-Sa now and changed to R-1 in the future if a proposal comes forward and commented that this has generally not been the experience of the City. He noted that once something is shown on a map and is in its final form, it has been difficult to change this. Councilmember McConnell asked if a recommendation for the Plunkett property could be figured out. Gary Neumann asked if the Plunkett's would consider giving a description of an area around their home that could be designated R-Sa so they would be able to get building permits and the remainder of the land being designated as Interim. Councilmember Marcoux stated that she has the same question as to whether the land can be split so that the area around the home and buildings could be zoned R-Sa and the remainder of the land being zoned Interim. She noted that if part of the land is designated Interim, when and if a zone change were to come forward there would also be a General Development Plan in conjunction with that which would give everyone an opportunity to review it. Phil Wheeler, Planning Department, urged the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6152 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item Council to refer the Plunkett property back to staff or the Planning Commission to work out a solution rather than zone the land in a different pattern. He explained the criteria for approval of a General Development Plan and stated that regardless of what the designation of this land ends up, the Council has the basis for evaluating whatever proposal for development is presented in the context of the surrounding property. He stated that the Council has a precedent in taking into account adjacent development in large lot township style zoning. He suggests settling what zoning can be settled and hold off on what cannot be settled. Wishing to be heard was Agnes Schipper, 2115 Merrihills Drive SW. She referred to a piece of property in the Merrihills area and inquired as to why it is proposed to be zoned as R-1. Mitzi Baker, Planning Department, explained that the owners of the property requested R-1 as they see themselves as being different from the rest of Merrihills because of their access, their exposure to the school, the single family subdivision kitty-corner from their property, and the townhomes right across the street. She noted that their topography is also different from the rest of Merrihills. She noted that R-1 and R-Sa allow for some non-residential uses but at limited locations. Ms. Shipper stated that she would be opposed to higher density housing on this property as it would be out of character with the rest of the street. Mitzi Baker explained that R-1 does not allow for anything other than single family home! as far as housing. Wishing to be heard was Ray Schmitz, 1508 28`h Street SW. He pointed out that his lot abuts the Plunkett property. He stated that their property was originally designated R-1 but indicated their interest in being designated R-Sa. He stated that their property values need to be maintained as high as possible as the City may in the future be looking to the property owners to contribute towards the provision of City services (sewer and water) to their area. He stated that if the property remains in an uncertain state, or an R-1 uncertain state, that will be taken into consideration in any future purchase decisions by people on what value they assign to a piece of property that may be for sale. He noted that the Council has al opportunity to create something that is relatively unique. He stated that the City is competing for people that want to live on relatively large lots with those areas right outside the boundaries of Rochester. He commented that the City needs this kind of viable part of the community to provide a resource to the people that want to buy those parcels. He encouraged the Council to designate the Plunkett property at R- Sa. Wishing to be heard was Jim Seward, 2710 Briar Court SW. He stated that they have developed a closed access area as most subdivisions are cul-de-sacs. Higher density housing is beginning to occur and the traffic pattern along the major road is increasing. There is an island of existing property (Plunkett) that is similar to the areas surrounding it that are developed and they would appeal to the City Council to make the island consistent with what exists currently. He noted his concern with having higher density development within large lot development. He urged the City Council to designate the Plunkett property as R-Sa. Wishing to be heard was Ursula McKenna, 2040 Merrihills Drive SW. She referred to the property at Mayowood Road and Bamber Valley Road that is proposed R-1 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6153 Agenda Item r1 and stated that she is opposed to this zoning and wants it be zoned R-Sa. Wishing to be heard was Nola Christiana, 2701 14th Avenue SW. Their home is located in the Bamberwood area. She noted her concern with the low density development that has occurred above and below Bamberwood. She wants the Plunkett property to be zoned R-Sa. Wishing to be heard was Doug Kruger, 1430 30th Street SW. He read the definition and intent of R-Sa zoning. He presented pictures of the Bamberwood area for official record. He is for R-Sa zoning. Wishing to be heard was Casey Caldwell, 1350 Valleywood Drive SW. He stated that he is on a 7-1/2 acre lot. He said due to their location, they would never get water and sewer. He is requesting R-Sa zoning for his lot. Phil Wheeler, Planning Department, explained that with large parcels of land, the development potential is greater with R-1. He explained that there is nothing in the R-1 zoning that requires anyone to develop and if City sewer and water services are not available, the minimum lot size would be 2 acres under County standards. This provides the landowners the maximum flexibility and opportunity. He commented that the R-Sa district applies to developed property and the property is essentially undeveloped. Councilmember Stobaugh asked if this property could be zoned R-Sa. Terry Adkins, City Attorney, stated that he feels it would be a defensible decision as long as there is a rational basis. Wishing to be heard was Charles McKenna, 2040 Merrihills Drive SW. He stated that he is opposed to the R-1 proposed zoning on the parcels at Mayowood Road and Bamber Valley Road and requests the zoning to be R-Sa. He stated that previous maps showed this property to be R-Sa and he feels it should remain as R- Sa. Wishing to be heard was Marcia Paulson, Butterfield, MN, representing her mother, Alice Nelson, 1048 Forest Hills Drive. She stated that her mother requests R-1 zoning for Forest Hills and that action be taken on this area. Wishing to be heard was Rick Plunkett, 6486 Buck Ridge Court NE. He pointed out that the Plunkett property consists of the 2 large parcels, a 5-6 acre L-shaped piece to the north of the westward parcel and another single lot that is part of the Lamar addition. He feels that if they had a development proposal of their property at the meeting tonight, there would be 90% consensus on what was acceptable, assuming a Greystone type development is acceptable. He stated that comments tonight have ranged from a Greystone type development being acceptable to comments later in the evening stating that the Greystone style development should not have been allowed. He feels a 2 acre development with City sewer, water, and curb & gutter is an unreasonable policy and is unnecessary to satisfy the base concerns of the neighbors. He stated that comments have been made that the Plunkett property is surrounded by R-Sa development but noted that Merrihills 2"d is isolated and cut off from the Plunkett property due to topography. They are requesting a fair application of the statutes and that R-Sa was intended for existing developed lots. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6154 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, approval of the R-Sa zoning district for the Institute Road and Balsam Court area. Ayes (6), Nays (0). Motion carried. President Hunziker referred to the proposed R-1 zoning district for the parcel at Mayowood Road and Bamber Valley Road, which includes 2 lots and a sliver of land. He noted that the owner has made the request for the R-1 zoning. Phil Wheeler, Planning Department, reviewed that the Bamber Valley Road/County Road 8 bridge is being sized to handle 15,000 vehicles per day. He stated that the long-term future of the parcel will be affected by a high volume road and R-1 would give the property owner a desirable amount of flexibility being adjacent to a road of that volume. President Hunziker asked how much land is involved. Phil Wheeler answered approximately 3 acres. Councilmembers McConnell moved, Stobaugh seconded, approval of the R-1 zoning district for the parcel at Mayowood Road and Bamber Valley Road. Discussion. Councilmember Marcoux commented that this is a very busy corner and she is not sure that putting a home on this property would be similar to the homes on down the road. Councilmember Senjem argued consistency similar to that of the Plunket property and should be zoned R-Sa. Ayes (3), Nays (3). Motion failed. Councilmembers Hanson, McConnell and Senjem voted nay. President Hunziker referred to the proposed R-Sa zoning district for the Lenwood area. It was noted that the property owned by Nathan Harff has been requested to be zoned R-Sa and the northern most piece of property was requested to be zoned as R-1. Councilmembers McConnell moved, Senjem seconded, approval of R-Sa zoning district for the Lenwood area including the top northerly two pieces of property. Ayes (4), Nays (2). Motion failed. Councilmembers Marcoux and Hunziker voted nay. Councilmembers Senjem moved, Marcoux seconded, approval of R-Sa zoning district for the Lenwood area, including the Nathan Harff property and excluding the northerly most piece of property. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, approval of R-1 zoning district for the northerly most piece of property adjacent to the Lenwood area. Aye (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, approval of the R-Sa zoning district for the Oakledge area and Hyland acres area. Ayes (6), Nays (0). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6155 Agenda Item Motion carried. President Hunziker referred to the R-Sa zoning district for the north portion of the Lamar area (area above two large parcels between County Road 147 and 15th Avenue SW). He explained that this area includes the Ray Schmitz property, a property alongside Mr. Schmitz, a tennis court, an L-shaped piece of property and another parcel owned by Mr. Plunkett. It was noted that Mr. Plunkett requested that the 2 parcels which are owned by the Plunkett family be zoned R-1. Councilmember Marcoux stated that they will need to exclude any of the Plunkett property as they are requesting R-1 zoning for all of their property. Councilmembers McConnell moved, Stobaugh seconded, approval of R-Sa zoning. district for the north portion of the Lamar area (area above two large parcels between County Road 147 and 15th Avenue SW), excluding the 2 parcels owned by the Plunkett family. Ayes (6), Nays (0). Motion carried. President Hunziker referred to the R-1 zoning district in the Southtown Heights area, including the larger parcels in the area. It was noted that this area includes Casey Caldwell's 7-1/2 acre property that he requested to be zoned R-Sa. Councilmember Hanson inquired if Mr. Caldwell could come back and request his property to be rezoned to R-Sa in the future. Terry Adkins, City Attorney, answered that this would be possible. Councilmembers Hanson moved, McConnell seconded, approval of R-1 zoning district in the Southtown Heights area, including the larger parcels in the area, and that if Mr. Caldwell requests his property to be rezoned to R-Sa, the fee would be waived. Ayes (5), Nays (1). Motion carried. Councilmember Stobaugh voted nay. President Hunziker referred to the recommended approval of the remainder of the proposed map as presented by staff and asked for an explanation as to which areas this includes. It was explained that it includes the R-1 and B-4 areas excluding Woodcrest and the Plunkett properties. Councilmembers Hanson moved, Stobaugh seconded, approval of the remainder of the map as presented by staff (remaining R-1 areas and the B-4 area), excluding Woodcrest and the Plunkett properties. Ayes (6), Nays (0). Motion carried. President Hunziker referred to the recommended approval of the R-1 zoning district in the Woodcrest area. It was noted that the property is located at the intersection of Highway 52 and Mayowood Road. Councilmembers Hanson moved, Stobaugh seconded, approval of the R-1 zoning district in the Woodcrest area. Ayes (6), Nays (0). Motion carried. Phil Wheeler, Planning Department, asked the Council to consider continuing the portion of the hearing of the property at Mayowood Road and Bamber Valley Road that is in a Holding zone so that the property -owners do not have to go through the entire process to get the property rezoned. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6156 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item Councilmembers Stobaugh moved, Marcoux seconded, to reopen the hearing for the 3 parcels located in close proximity to the intersection of Mayowood Road and Bamber Valley Road and continue the hearing until June 4, 2001. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Hanson seconded, approval of R-Sa zoning district for the two large parcels, the L-shaped parcel and the smaller parcel (Plunkett property) between County Road 147 and 151h Avenue SW. Discussion. Councilmember McConnell stated that his first reaction is to vote for R-1 as he believes in smaller homes but in listening to the neighbors' desires, he will vote for R-Sa zoning. President Hunziker stated that he finds it ironic that everyone in the audience gets to pick their own zoning but they also get to pick the zoning for the Plunkett properties. Councilmember Marcoux feels that a lot of the concerns may be able to be resolved if there were a General Development Plan for the Plunkett property. She stated that since there is not a GDP, she would like to remand these parcels back to staff, segmenting out the portion that the existing buildings sit on and giving that segment a zoning designation and zone the remaining property as Interim so the Council can look at what may be developed. She would like to see the perimeter development consistent with the neighborhoods around the property. Councilmember Hanson stated that he feels the property should be zoned R-Sa as requested by the neighbors. Councilmember Senjem commented that if a GDP with a concurrent rezoning request to R-1 is brought forward and it looks logical, the Council would probably approve it. He stated that he looks at the R-Sa zoning as a holding pattern until a GDP and rezone is brought forward. Phil Wheeler, Planning Department, stated that the R-Sa zoning district specifically prohibits a Greystone type development. He stated that staff is willing to work with the Plunkett family and the neighbors to come up with a special district to accomplish a Greystone style development. He commented that the Institute property to the west, the property that the Council just rezoned to the east and the Greystone property to the south are all zoned R-1. He commented that there have not been problems considering these properties to be inconsistent with the existing developments. Councilmember Hanson inquired if the Plunkett family can still get building permits to add on, etc. Phil Wheeler answered yes. He stated that the risk is that the Council would be applying R-Sa to 20 acre parcels of land and the R-Sa district was established to handle the Pill Hill area and there needed to be a zoning district for a fully developed area with the size of the lots in the area. Councilmember Hanson stated that they are trying to recognize the size of lots around the Plunkett property as being partially developed property. Phil Wheeler stated that this could be done as part of the General Development Plan process as was done with the Greystone development. President Hunziker stated that the R-Sa zoning was established to try to solve the concerns of a lot of neighbors but it had nothing to do with a large open field that belonged to somebody else. Councilmember Marcoux expressed her suggestion to remand this back to staff to look at what can be done with the Plunkett property that will protect the neighbors interests and that everyonE in the area would be comfortable with. Councilmember Senjem stated that the end result for him is protecting the integrity of the neighborhood but is open to how that end result is reached. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-7 1 E-8 0 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 616-7 Councilmembers Stobaugh moved, McConnell second, to table the matter with the motion pending to approve of the R-Sa zoning district for the two large parcels, the L-shaped parcel and the smaller parcel (Plunkett property) between County Road 147 and 15th Avenue SW to the June 18, 2001, Council meeting. Ayes (5), Nays (1). Motion carried. Councilmember Hanson voted nay. Councilmembers Stobaugh moved, Hanson seconded, approval of all of the areas listed as R-Sa on the map. Ayes (6), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-12 by B & H Development to be known as Circle 19 Plaza Second located north of 19th Street N.W., west of West Circle Drive. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant. He stated that they are in agreement with the conditions including the condition added by Brent Svenby, Planning Department, via memo to the Council. Councilmember inquired if the proposed project includes the development of a movie theatre. Wade DuMond answered yes. Councilmember Senjem inquired about a timetable for a traffic light in the area. Doug Nelson, Public Works, stated that it is tied to the study that is still being undertaken. Brent Svenby, Planning Department, pointed out that conditions 1 & 2 can be stricken, the condition noted in Mr. Svenby's memo to the Council should be added, and also the condition that is underlined at the top of the Request for Council Action for a total of 6 conditions. No one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Preliminary Plat #01-12 by B & H Development to be known as Circle 19 Plaza Second with six conditions, and directing 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 Zoning District Amendment #01-16 by B & H Development to amend the Floodway Overlay and Flood Fringe Overlay districts on the property located along the north side of 19th Street N.W. and the West side of West Circle Drive. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant and noted he is available if there are any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 313-01 supporting the proposed amendment to flood insurance maps by removing the floodway and flood fringe overlay zoning districts from property located along the north side of 19th Street NW and the west side of West Circle Drive. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 10��8 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item E-9 E-10 A Hearing on Final Plat #01-18 by Mike and Mickey Properties, LLC to be known as Meadow Lakes Golfview Townhomes CIC 177 located along the south side of Meadow Lakes Drive N.W. and west of 45th Avenue N.W. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant. Councilmember Marcoux noted that problems occurred with the construction of apartments behind this property and asked if the same developer is involved in this project. Wade DuMond answered that this project does not involve the same owner or developer. Wade DuMond stated that they are in agreement with the conditions. He referred to condition #2 and stated that part of the sidewalk is under an existing contract. Discussion took place regarding sidewalk issues with the senior housing complex to the east. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 314-01 approving Final Plat #01-18 by Mike and Mickey Properties, LLC to be known as Meadow Lakes Golfview Townhomes CIC 159 with four conditions. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember Hanson abstained due to conflict of interest. A Hearing on Vacation Petition #01-04 by Christian Science Society, Scott Sheller and Fred Birch to vacate the undeveloped right-of-way alley located south of Second Street N.W. and north of First Street N.W. and west of the west frontage road of Highway 52 South. Wishing to be heard was Fred Birch, 1724 2Id Street NW, inquiring about condition #2. Mike Nigbur, Public Works, explained that condition #2 should be rephrased as follows: "As part of the vacation, the City reserves a utility easement over the entire length of the alley." Discussion took place. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 315-01 approving Vacation Petition #01-04 by Christian Science Society, Scott Sheller and Fred Birch with two conditions including condition #2 amended as noted above. Ayes (6), Nays (0). Motion carried. Mitzi Baker, Planning Department, stated that the rest of the alley is not built within that block and staff suggests that the Council vacate the rest of the alley. Councilmembers Hanson moved, Marcoux seconded, approval to vacate the remainder of the alley. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 10- May 21, 2001 6159 1 Agenda Item E-11 G-2a G-3a G-3b G-3c G-3d A Hearing on Utility Easement Vacation Petition #01-06 by Bryon Sieve and Clay Hartman to vacate a drainage easement crossing Lot 1, Block 1, and Lot 1, Block 2, Circle 19 Plaza Second. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant. He stated that they are in agreement with the one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 316-01 approving Utility Easement Vacation Petition #01-16 by Bryon Sieve and Clay Hartman with one condition. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the R-1 District to the M-1 District, and 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 Side of 48`h Street SW, West of Highway 63 and East of 11th Avenue SW) An Ordinance Amending and Reenacting Subdivision 2 of Section 76.09 and Subdivision 1 of Section 76.11 of the Rochester code of Ordinances, Relating to the License Requirements for Persons Making Connections to the Public Sewers, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 9.47 Acres of Land Located in a Part of the Northeast Quarter of the Northeast Quarter of Section 5 and a Part of the Northwest Quarter of the Northwest Quarter of Section 4, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North side of Country Club Road and West Circle Drive/County Road 22) An Ordinance Rezoning Certain property From the R-3 District to the B-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South Side of Valleyhigh Road N.W., West Side of Superior Drive N.W.) Councilmembers Senjem moved, Hanson seconded, approving an amendment to Section 62.937 (1) of the Zoning Ordinance as recommended by Brian Grogan. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 60.200 and 62.937 of the Rochester Code of Ordinances, Relating to Telecommunications Services and Towers, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6160 Regular Adjourned Meeting No. 10- May 21, 2001 Agenda Item Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. Kelly Evans, Special Deputy City Cle [1 �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 4, 2001 6161 Agenda Item A-1 B-1 D-1-23 D-1 D-2 D-3 D-4 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, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Dennis Hanson Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items No meeting minutes were approved. Approved the initiation of an amendment to the billboard ordinance for cap reduction when multiple smaller billboards are replaced by a larger billboard of equal square footage and referred the matter to the Planning Commission. Adopted Resolution No. 317-01 authorizing the Mayor and City Clerk to execute any and all ingress/egress/access easements linking private development occurring on about the Rochester International Airport with city -owned airport roads and CSAH 16. Councilmember Senjem asked the Public Utility Director to provide an explanation of the recommended agreement for the cost of service study by Stanley Consultants. Larry Koshire, General Manager of RPU, said that a cost study has not been done for some time and the utility needs be aware that costs are recovered by the utility, including labor, wire, etc. Mr. Koshire said that costs need to be compared with the revenues that are realized. He said that once the study is completed, and if a change in pricing is evident, such a recommendation would need to be approved by the Public Utility Board as well as the Common Council. Adopted the following Rochester Public Utility resolutions: Resolution No. 318-01 approving an agreement with L.E. Meyers Company for Cascade Creek Substation Construction in the amount of 946,576.51. Resolution No. 319-01 approving an agreement with Unibus, Inc. for Cascade Creek Unit — contract 4 Nonsegregated Phase Bus Duct in the amount of $61,086.00. Resolution No. 320-01 entering into a purchase agreement with Sebesta Blomberg & Associates, Inc. for the Silver Lake Plant's 2001 boiler control upgrade in an amount of $102,590.00. Resolution No. 321-01 approving an agreement with Utilicorp United, Inc. to execute the services as defined in the Guaranteed Delivery Agreement for an amount of $90,000.00. Resolution No. 322-01 approving a purchase order with Stanley Consultants for a cost of service study for the electric utility in an amount of $57,000.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6162 Regular Meeting No. 11 —June 4, 2001 Agenda Item M W D-7 :a Resolution No. 323-01 approving a purchase order with Morgan Marketing Partners, Inc. for a customer survey in an amount of $55,750.00. Approved the following licenses and miscellaneous activities: Beer — On -Sale 3.2 — Temporary Downtown Business Association — Blues Festival at Central Park — August 11, 2001 Dance — TemporaN O'Neill's Pizza Pub — Alternative Dance for Hispanic Community — June 23, 2001 Gambling — Temporary Pulmonary Hypertension Association — Raffle — September 7, 2001 Bamber Valley PTA — Raffle — October 31, 2001 Sound Amplification Downtown Business Association — Blues Festival at Central Park — August 11, 2001 (requested waiver of time period) Rochester Elks Lodge #1091 — Parking Lot Dinner and Dance — July 14, 2001 (requested waiver of time period) Julie McEachern — 2709 Rose Drive S.E. — Graduation Party — June 3, 2001 (prior approvals: Marcoux, McConnell, Senjem, Hanson) Elizabeth Nhean — 4504 22"d Avenue N.W. — Wedding — June 1, 2001 (prior approvals: Marcoux, Hanson, McConnell, Hunziker and requested waiver of time period) Rochester Civic Music — Independence Day Concert — July 4, 2001 (requested waiver of time period) Down by the Riverside Concert — Mayo Park — July 8, 15, 22 & 29 and August 5, 12 & 19, 2001 (requested waiver of time period) Tatia Wieck — 532 Meadow Run Drive SW — Wedding — July 27, 2001 Sidewalk — Cement Market & Johnson, LaCrosse, Wisconsin Total Construction, Hayfield Miscellaneous MacAttack 5K Run & Walk — Silver Lake Park — August 3, 2001 Approved Accounts Payable in the amount of $2,852,578.72. Approved amendment of the 2000 Airport and Park & Recreation fund budgets as detailed in the Request for Council Action. Adopted Resolution No. 324-01 approving the 2001 Compensation and Benefits fi the three City of Rochester Painters. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 4, 2001 6163 1 L Agenda Item M D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 9 D-19 Adopted Resolution No. 325-01 approving the Wetland Delineation and Replacement Plan for Bigelow Enterprises, Kingsbury Hills, Phase II. Approved waiving the final plan on Type III, Phase II Restricted Development #01- 03 by 12th Street Dental located in the southeast corner of the intersection of 10th Avenue S.E. and 12th Street S.E. Adopted Resolution No. 326-01 approving Annexation Petition #01-10 by Joseph Postier, DDS, for orderly annexation of land located south of Eastwood Road S.E. and north of Rose Heights Drive S.E. Approved Council initiated Annexation #01-09 to annex land along the south side of the airport in Section 16 and 21 of High Forest Township and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 327-01 approving the Rochester Police Department to receive financial reimbursement for additional hours worked and miscellaneous equipment used under a Drug Elimination Grant received by the Olmsted County Housing and Redevelopment Authority. Adopted Resolution Nos. 328-01 and 329-01 setting a hearing for Project No. J- 7033 to levy the Water Service Replacement Charges on the following local improvement projects: Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.", Project No. 6306-2-99 (J- 9525) "Reconstruction of 6th Avenue S.E. from East Center Street to 4th Street S.E.", and Project No. 6201-3-95 (J-9330) "Reconstruct 1st Street S.W. from 111h Avenue S.W. to 16th Avenue S.W.". Adopted Resolution No. 330-01 authorizing the Mayor and City Clerk to execute the Amended City/Owner Contract for J-9684 "Basic Construction in Kingsbury Hills Subdivision". Adopted Resolution No. 331-01 authorizing execution of a Pedestrian Facilities Agreement with Gerald and Vivian Strauss, Lot 12, Oak Hills Subdivision. Adopted Resolution No. 332-01 approving the execution of a City/Owner Contract for J-9794 "Watermain and Hydrant to Serve the Calvary Evangelical Free Church" with Calvary Evangelical Free Church and Badger Excavating. Adopted Resolution No. 333-01 approving the execution of a City/Owner Contract with Pemstar, Inc. and Alvin E. Benike for Project No. J-9808 "Watermain and Hydrant to Serve the Pemstar Building Addition on Lot 2, Block 1, Rochester Technology Park". Adopted Resolution No. 334-01 entering into agreements with Metro Pallet and Word of Life Church for the City's regional Storm Water Management Plan. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6164 Regular Meeting No. 11 — June 4, 2001 Agenda Item D-20 D-21 D-22 D-23 E-1 Rejected the bids and adopted Resolution No. 335-01 instructing the City Clerk to readvertise for bids for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road". Adopted Resolution No. 336-01 instructing the City Clerk to advertise for bids for Project No. M009 (J-9612) "Reconstruction of Cascade Street N.W. from 9th Avenue N.W. to 18th Avenue N.W.". Adopted Resolution No. 337-01 approving payment of Supplemental Agreement #1 in the amount of $39,463.34 for Project No. M023 (J-9651) "Construction of Fox Valley Drive S.W." Adopted Resolution No. 338-01 awarding the contract to Brent Anderson Associates, Inc. for Project No. J-2592 "Restoration #4 — Center Street Ramp". Ayes (6), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #01-04 initiated by the Rochester Common Council to establish zoning districts for three parcels of land located in close proximity to Mayowood Road and Bamber Valley Road, formerly Rochester Township. Wishing to be heard was Ken Moen, 505 Marquette Bank Building, representing several of the neighbors. He referenced his letter sent to the Council on May 31, 2001 addressing three points. First, the property in question consists of two lots that previously had been zoned by Olmsted County and should remain within that zoning category which would be consistent with Rsa City zoning. Second, the chiel exposure for development of this property affects Merrihills Drive which is the primary access for the neighborhood. Merrihills Drive will be substantially impactec by any development. Third, he stated he had heard a discussion that a landowner had some inherent right to determine their zoning. He asked the Council to recall a number of issues on 18th Avenue and 55th Street N.W. where a negotiation with the neighbors allowed a rezoning that is enabling a substantial development to go forward. The developer was also down -zoned on some property in close proximity because of neighborhood opposition. He asked the Council to show some consistency in their policies. Past practices have not indicated that a landowner has any right to determine what goes on in their property. Wishing to be heard was Agness Schipper, 2115 Merrihills Drive S.W.. Ms. Schipper asked, on behalf of the neighbors, that the entire neighborhood be zoned Rsa which would be in keeping with the Olmsted County zoning of Ra. She stated that lots were bought knowing that the zoning was Ra. R-1 is a significant change. She said that the R-1 area should not be an individual request by the property owners. The property in question is on a busy corner. The house is set back considerably so that any change in the road will not affect the home. Ms. Schipper said that any development in the R-1 zone would bring a considerable increase in traffic. That would mean that the City would need to run sewer and water to the property; it was her understanding that the City does not intend to bring sewer and water services to the area. She also said that R-1 zoning forfeits control of how the J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 4, 2001 6165 Agenda Item property is divided and used. Ms. Schipper said that the essence of zoning should be a group decision; she asked the Council to rezone the entire area Rsa. Wishing to be heard was Jeanette Krom, 2011 Merrihills Drive S.W. She noted that she lives on lot 9 consisting of six acres. She is opposed to the R-1 zoning of the property in the northwest corner of the subdivision as it will devaluate her property. If the property is rezoned to R-1 and apartments or commercial are built with access onto Merrihills Drive you will create a very hazardous road. Ms. Krom noted that there are two large pipes allow for drainage onto the corner land. The pipes were installed one or two years ago to drain the large amount of water coming into the area. Drivers skid on Merrihills Road and slide into the ravine. If buildings are built in this area, the road will end up in Waterford where there is already a problem with wet basements. Wishing to be heard was Ursula McKenna, 2040 Merrihills Drive S.W. Ms. McKenna stated that two weeks ago she asked the Council not to approve the R-1 request for zoning. She said that the entire neighborhood is opposed; a petition with 71 signatures was given to the Council. Ms. McKenna said that an R-1 zone would detract from the neighborhood. If the owner would come up with a reasonable plan for development that would protect Merrihills Drive, the neighborhood would probably be supportive of the plan. Mitzi Baker, Planning Department, referred to a letter dated June 4, 2001 from Phil Wheeler, Planning Department. She said that the property in question for R-1 zoning is only approximately 5 acres. She said that because of the topography of the land, an orientation to a north and west access would be made should the property be developed. Ms. Baker said that the letter points out to look at the property in a planning aspect; a Rsa district is not the best use for this property. Even if the property was zoned as Rsa, possible uses such as public emergency facilities, banks, churches, schools, cemeteries or social service centers could be built with no notice to the neighbors. The only uses that would not be allowed in the Rsa Zoning District are offices, medical facilities and nursing personal care facilities. Wishing to be heard was Ken Moen, 505 Marquette Bank Building. He said that they don't oppose the possible use of some of businesses on the property in question. The office use and medical facilities use are of concern to the neighbors. They are still concerned, however, with what might develop along Merrihills Drive which would affect the character of the neighborhood. High density residential is a possibility and would be opposed by the neighbors. He asked the Council not to rezone to R-1 to allow for more development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Senjem seconded, to zone three parcels of land located in close proximity to Mayowood Road and Bamber Valley Road, formerly Rochester Township as Rsa. Discussion. RECORD,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6166 Regular Meeting No. 11 — June 4, 2001 Agenda Item E-2 Ayes (2), Nays (4). Motion failed. Councilmembers Evans, McConnell, Stobaugh and President Hunziker voted nay. Councilmembers Evans moved, Stobaugh seconded, to zone three parcels of land located in close proximity to Mayowood Road and Bamber Valley Road, formerly Rochester Township as R-1 and directed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (2). Motion carried. Councilmembers Marcoux and Senjem voted nay. Terry Adkins, City Attorney, said that he had been informed earlier in the evening that the Governor had signed a bill into law which changed the supermajority requirement for a rezoning under Minnesota Statutes 462.357; previously a 2/3's majority was required to change a zoning district. The bill just signed now makes that a simple majority unless the zone change is from residential to either commercial or industrial. A Hearing on Preliminary Plat #01-13 by Wynnwood Company to be known as Fox Hill located south of Fox Valley Drive, east of the Foxcroft developments and west of the Baihly Heights and Baihly Woodlands developments. Mitzi Baker, Planning Department, noted that the first condition should be dropped as it has been completed and the new recommended condition added. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-13 by Wynnwood Company to be known as Fox Hill with four conditions as amended and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (5), Nays (1). Motion carried. Councilmember McConnel voted nay. E-3 A Hearing on Preliminary Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition located along the south side of 48`h Street SW and west of Scenic Oaks First Addition. Wishing to be heard was Mark Welch, GGG, Chatfield, available for questions. Mitzi Baker, Planning Department, noted that the applicant has agreed to construct the mid -block pedestrian connection. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 338A 01 approving Preliminary Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition with seven conditions as revised and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 —June 4, 2001 6167 Agenda Item Councilmembers Senjem moved, McConnell seconded, to approve the Substantial Land Alteration permit for Preliminary Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition. Ayes (6), Nays (0). Motion carried. E-4 A Hearing on Preliminary Plat #01-10 by Arcon Development to be known as Boulder Ridge located along the east side of Bandel Road NW. It was noted that the applicant submitted a revised preliminary plat addressing staff modifications. Wishing to be heard was Christie Clark, McGhie & Betts, representing Larry Frank of Arcon Development. She was available for questions. She noted agreement with the conditions. Mitzi Baker noted that the revised plat included the utility easement and she noted that they are asking for a waiver of a mid -block connection. Public Works supports the request based on the topography of the land. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Evans seconded, to adopt Resolution No. 339-01 approving Preliminary Plat #01-10 by Arcon Development to be known as Boulder Ridge with six conditions as revised, the design for modification of the mid -block pedestrian connection, the Substantial Land Alteration, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Final Plat #01-17 by Western Walls, Inc. to be known as Rose Harbor Estates Second located along the north side of Park Street, west of Rose Avenue and south of Eastwood Road SE. Wishing to be heard was Robert DeWitt, 604 111h Avenue N.W. Mr. DeWitz asked why he needed to install sidewalks on the north side when the rest of the subdivision does not have them. Richard Freese, Public Works Director, noted that the development agreement that Mr. DeWitz signed might address whether sidewalks were required. Councilmember Stobaugh said that he has received a number of calls about cars speeding down the hill. He asked the Traffic Department to look into the possibility of installing speed limit signs. Councilmembers Stobaugh moved, McConnell seconded, to continue the hearing Final Plat #01-17 by Western Walls, Inc. to be known as Rose Harbor Estates Second to June 18, 2001. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on Vacation Petition #01-05 by Western Walls, Inc. to vacate the northerly and easterly eight feet of the right-of-way platted as Rose Heights Drive located south of Eastwood Road SE, north of Park Street and west of Harbor Drive. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6168 Regular Meeting No. 11 — June 4, 2001 Agenda Item E-7 E-8 G-2a Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded to adopt Resolution No. 340-01 approving Vacation Petition #01-05 by Western Walls, Inc. Ayes (6), Nays (0). Motion carried. A Hearing on Restricted Development Preliminary Plan #01-11 by Olmsted County HRA for all of the construction of a garage and storage of maintenance equipment and located at 1716 8 %2 Street SE. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve on Restricted Development Preliminary Plan #01-11 by Olmsted County HRA with two conditions and waiver of final plan phase. Discussion Councilmember Senjem said that he had visited the area and found that the maintenance garage was to be put where a tots playground is now located. He fell that the garage could be put elsewhere as the tot's playground would be a need for the residents of the development. He asked if the playground was to be relocated. Mitzi Baker, Planning Department, said that she had asked staff members about the playground equipment and possible relocation. Housing and Redevelopment Authority staff told her that the equipment was very rarely used and that the gardens located adjacent to the development were more important to the resident Councilmembers Stobaugh moved, McConnell seconded, to reopen the hearing. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to continue the hearing on Restricted Development Preliminary Plan #01-11 by Olmsted County HRA to June 18, 2001. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #01-08 by R.L. Hexum & Associates on behalf of Graha Properties, LTD to annex land located west of St. Bridget Road, east of TH63 and south of 48th Street SE. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to approve Annexation #014 by R.L. Hexum & Associates and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 165 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 16, the East Half of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 21, Township 105 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South side of Airport) 0 RECORD OF OFFICIAL PROCEEDINGS 'OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 — June 4, 2001 6169 Agenda Item Awe G-3a G-3b 1-1 An Ordinance Annexing to the City of Rochester Approximately 39.72 Acres of Land Located in the Northeast Quarter of the Northeast Quarter of Section 35, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. Councilmembers Marcoux moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West of St. Bridget Road, East of TH 63, South of 48th Street S.E.) An Ordinance Rezoning Certain Property From the R-1 District to the R-3 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to approve the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of Quarry Ridge Apartments, North of Second Street N.W., West of Highway 52) An Ordinance Annexing to the City of Rochester Approximately 59.97 Acres of Land Located in a Part of the North Half of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Evans moved, Marcoux seconded, to approve the Ordinance as read. Ayes (6), Nays (0). Motion carried.(West of 501h Avenue N.W., South of 651h Street N.W., North of Douglas Trail) Councilmembers Marcoux moved, Evans seconded, to approve the application for funding by the Rochester Police Department for up to $500,000 from the COPS in Schools Grant Program to allow expansion of the School/Police Liaison Program by four officers. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, McConnell seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.. w v�f City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6170 Regular Adjourned Meeting No. 12 —June 18, 2001 Agenda Item A-1 B-1 D-1-3 D-1 D-2 D-3 D-4 D-5 a. D-7 W N• No one wished to be heard during the Open Comment Period. President 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 Hanson moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the May 21 and June 4, 2001 meetings. Approved the proposed ordinance language for Cellular Phone Use Policy and instructed the City Attorney to prepare the proposed ordinance for adoption. See at end of D Items. Adopted Resolution No. 341-01 supporting the Olmsted Community Strategic Plan for Diversity for the City of Rochester. Adopted Resolution No. 342-01 revising the purchase agreement of January 2001 with the Housing and Redevelopment Authority showing evidence of site control for the Minnesota Housing Finance Agency's financial assistance application for the River's Edge Apartment Project and the former Silver Lake Motel, 1300 Block of North Broadway. Adopted Resolution No. 343-01 approving an agreement for professional services with HGA in the amount of $14,000 for Skyway Bridge painting with construction observation to be provided at an hourly rate of $83.00 per hour. Adopted Resolution No. 344-01 approving the contract with Schroeder-Leverington, Inc. for Project No. J-6965 "General Aviation Arrival/Departure Building" at the Rochester International Airport at a cost of $1,559,000 including Alternatives #1, 2, and 3. Adopted Resolution No.345-01 approving the contract with Schroeder-Leverington, Inc. for Project No. J-6970 "Expansion of Lower Level Passenger Gates 3 and 4 in the Terminal Building" at the Rochester International Airport at a cost of $1,241,500 including Alternative #1. Adopted Resolution No. 346-01 advertising for bids for Project No. J-6970 "New Regional Jet Bridge to be Attached to the Terminal Building" at the Rochester International Airport. D-10 Adopted Resolution No. 347-01 approving Change Order #1 with ACSG/Architectural Alliance for Project J-6970 "Terminal Building Addition" in the amount of $37,300.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 18, 2001 6171 Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 Adopted Resolution No. 348-01 approving Change Order #10 with Alvin Benike, Inc. for Project No. J-6942 "Terminal Building Improvements" in the amount of $6,384.00. Approved the following licenses and miscellaneous activities. Fireworks Rochester Golf & Country Club — at Country Club - July 4, 2001 Rochester Honker, McLeod & KTTC-TV 10 — at Mayo Field — August 6, 2001 Gambling — Temporary Raffle Senior Citizens Services, Inc. — Raffle — September 19, 2001 Ducks Unlimited — Raffle — July 9, 2001 (request to waive holding period) Church of the Resurrection — Raffle — July 29, 2001 Sound Amplification McGhie & Betts, Inc. — Company Picnic at East Silver Lake Park — July 20, 2001 (requested waiver of time period) SE Settlers Neighborhood Association — Second Saturdays at Slatterly Park — June 9 and July 14, 2001 — (requested waiver of time period) (Prior approvals: McConnell, Marcoux, Hanson, Stobaugh) Famous Dave's Restaurant — Live Music on Patio — Last Monday of June, July, August and September - (requested waiver of time period) Lupus Foundation — Fundraiser Walk with Band — September 15, 2001 Miscellaneous Lupus Foundation - Fundraiser Walk with Band — September 15, 2001 American Cancer Society — Fundraising Walk — July 13 and 14, 2001 Salvation Army — Car Wash, Food Stand & Hit A Car — June 23, 2001 Downtown Business Association - July 26 through July 29, 2001 Motor Maids, Inc. — Parade for Convention — July 12, 2001 Approved Accounts Payable in the amount of $1,226,913.77. Adopted Resolution No. 349-01 approving the Labor Agreement for 2001-2003 for IATSE (International Alliance of Theatrical Stage Employees). Adopted Resolution No. 350-01 approving the reclassification Senior Clerk Typist to Deputy City Clerk in the City Clerk's Office and Senior Clerk Typist to Operations Coordinator in the Civic Music Department. Acknowledged the appointment of John Sherwin, Thomas Faudskar, Samuel Higgins, Patrick Hoult and Tracy Nepper to the position of Police Officer in the Rochester Police Department. Adopted Resolution No. 351-01 approving the execution of the Traffic Signal Agreement #81995R with MnDot for an estimated City share of $10,800; the 6172 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 18, 2001 Agenda Item D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 agreement will be modifying the northbound TH52 exit and entrance ramps at 37th Street NW and 41 st Street NW. Adopted Resolution No. 352-01 approving the execution of the Traffic Signal Agreement #81998 for federal aid participation for the reconstruction of 50th Avenue NW from 65th Street to 551h Street NW. See at end of D Items. Adopted Resolution No. 353-01 executing the Development Agreement for the North Park Development with Leslie Lurken. Adopted Resolution No. 354-101 executing the Development Agreement for the Ridgeview Manor Development with BBB Development. Adopted Resolution No. 355-01 approving execution of the City/Owner Contract foi Project No. J-9759 "Basic Construction in Century Hills Fifth Subdivision" with Payne Company and Jech Excavating. Adopted Resolution No. 356-01 approving execution of the City/Owner Contract Project No. J-9804 "Sanitary Sewer Extension to Serve Lots 1-5, Olson's Subdivision" with Bill Keehn and Fraser Construction. Adopted Resolution No. 357-01 approving execution of the City/Owner Contract 1 Project No. J-9721 "Watermain Extension/Relocation to Serve Slumberland" with Leslie Nelson and Bob Braaten Construction. Adopted Resolution No. 358-01 approving execution of the Amendment to the City/Owner Contract for Project No. J-9701 "Watermain and Turn Lane to Serve th Autumn Woods RV Park" with Galen Youngkrantz and Patricia Youngkrantz and Mick's Backhoe Service. Adopted Resolution No. 359-01 approving the execution of a Professional Facilit and Driveway Approach Agreement with Duane A. Draayer and Julie K. Draayer the East %, South Y2 , Lot 28 Oak Hills. Adopted Resolution No. 360-01 approving the execution of a Pedestrian Facilities Agreement with Pemstar, Inc. for Lots 1 and 2, Block 1, Rochester Technology Park. See at end of D Items. Adopted Resolution No. 361-01 authorizing the City Clerk to advertise for bids for Project No. 7503-2-00 (J-4941) "Construct Bike Trail along West Circle Drive fro Second Street S.W. to CSAH 8." Adopted Resolution No. 362-01 authorizing the City Clerk to advertise for bids for Project No. 6202-3-98 (J-4950) "Bituminous Bike Trail project on Second Street S.W. from 23`d Avenue to West Circle Drive". 1 L' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 18, 2001 6173 Agenda Item D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-3 Adopted Resolution No. 363-01 SW-M005 (J-2465) "Bamber Lake Area Pond/Storm Sewer Improvements". Adopted Resolution No. 364-01 executing an Engineering Services Agreement with Howard R. Green Com�any for Project No. J-9578 "Design Services for Bridges on the Douglas Trail at 50t Avenue N.W. and at 55th Street N.W." in an amount not to exceed $84,850.00. Adopted Resolution No. 365-01 entering into an Annexation/Utility Connection Agreement with Danny G. Gilbertson at 4550 19th Street S.E. Adopted Resolution No. 366-01 awarding the contract for Project No. 6201-2-00 �J- 9724) "Curb, Gutter and Overlay on First Street S.E. from 13th Avenue S.E. to 15t Avenue S.E." to Rochester Sand and Gravel in the amount of $71,288.70. Adopted Resolution No. 367-01 authorizing the City Clerk to advertise for bids for Project No. 6220-4-00 (J-9610) "Concrete Curb and Gutter and Overlay in 20th Street N.W. from 131h Avenue N.W. to Valkyrie Drive N.W." See at end of D Items. Adopted Resolution No. 368-01 amending Paragraph 1 of Section C, Zone D "Bus Stops" of the Comprehensive Parking and Traffic Resolution Book as per descriptions provided in the Report for Council Action. Adopted Resolution No. 369-01 approving an Engineering Services Agreement with Black & Veatch to evaluate alternatives for bringing the Water Reclamation Plan Chlorine Building into compliance with current fire codes for a cost not to exceed $52,000. Adopted Resolution No. 370-01 authorizing Change Order #1 in the amount of $61,887.51 for Project No. 6204-3-00 (J-2197) "Concrete Pavement Rehabilitation on Fourth Street S.W. from Second Avenue to Sixth Avenue S.W.". Ayes (7), Nays (0). Motion carried. Councilmember McConnell noted that in August 1998 the City Council approved a three-year funding pledge to the Southeast Minnesota Initiative Fund (SMIF). He said that this item illustrates the lack of wisdom in contracting for a period of time ahead. He made reference to the Region 10 organization in the 1980's which was eventually dissolved; the SMIF benefits Rochester very little. The pledge was made when there was more money available. Now with pending legislative action we may be short funds. Councilmember McConnell said that we should be wary in the future of long-term funding commitments. Councilmember Hansen moved, Stobaugh seconded, to approve the transfer of $25,914 from the 2001 Contingency Account to be paid to the Southeast Minnesota Initiative Fund. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6174 Regular Adjourned Meeting No. 12 —June 18, 2001 Agenda Item D-19 D-28 D-36 E-1 Councilmember McConnell asked what the latest timetable on the 16`h Avenue extension to Seventh Street was. Doug Nelson, Public Works Department, noted that as soon as all properties are acquired, the project should be constructed and finished by late fall 2002. Councilmember McConnell moved, Stobaugh seconded, to adopt Resolution No. 370A-01 authorizing execution of documents needed for the 1031 Tax Deferred Exchange for the Gary Mattison property for the acquisition of the right of way for the 161h Avenue project. Ayes (7), Nays (0). Motion carried. Councilmember Senjem was questioning the Minnesota Pollution Control Agency's directive to spend $166,477.40 to look at the feasibility of sewer and water extension into the Marion Township area when it has already been determined that the project is of substantial benefit to those areas needing water and sewer service. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 371-01 approving the execution of a Professional Services Agreement with Earth Tech to perform Alternative Urban Areawide Review Services for Project No. M1-14 (J-9772) in an amount not to exceed $166,477.40. Ayes (7), Nays (0). Motion carried. Councilmember Evans handed out a petition with 105 names. The residents in Northern Heights have talked for many years about the traffic and speed problems in their neighborhood. He did not feel that the four speed limit signs that are now installed along Northern Heights Drive are sufficient to deal with the problems and concerns being raised. He stated that if the city stop -signs did not solve the speeding problem, they would be removed. Councilmembers Evans moved, McConnell seconded, to have Wilshire Drive and Northern Heights Drive made into a four-way stop and two additional speed limit signs placed on Northern Heights Drive. Dave Rossman, Public Works Department, said that the petition was for the entire length of Northern Heights Drive. He said that a stop sign at Wilshire Drive would not help all of the people along Northern Heights Drive and he recommended against the installation because it did not meet the warrants for a four-way stop sign. Wishing to be heard was John Peterson, 1517 Northern Heights Drive N.E. He said that they have not met with City staff but have had numerous conversations with law enforcement and Dave Rossman. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #01-17 by Western Walls, Inc. to be known as Rose Harbor Estates Second located along the north side of Park Street, west of Rose Avenue and south of Eastwood Road SE. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 18, 2001 6175 7" LJ Agenda Item E-2 E-3 E-4 Mike Nigbur, Public Works Department, said that the sidewalk issue has been resolved. There is an agreement for a trade of sidewalk work for curb and gutter work. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 372-01 approving Final Plat #01-17 by Western Walls, Inc. to be known as Rose Harbor Estates Second with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Special District #5 initiated by the Rochester Common Council to rezone from R-1 to a Special Historic District to be known as Historic Campus Special District located north of Salem Road and west of West Circle Drive. President Hunziker left the Chair due to a conflict of interest. Councilmember McConnell presided as President Pro-Tem. Wishing to be heard was John Hunziker, Executive Director of the Olmsted County Historical Society. He was available to answer any questions the Council may have. Phil Wheeler, Planning Department Director, gave an overview of the special district. He said that the zoning will restrict the range of uses to the purpose of the History Center. It will result in lower density of uses but will allow uses that are not normally allowed in the permitting process. Having no one further wishing to be heard, President Pro-Tem McConnell closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Special District #5 initiated by the Rochester Common Council with four findings. Ayes (6), Nays (0). Motion carried. President Hunziker resumed the chair. A Hearing on Final Plat #01-22 by Wilmar Investments to be known as Hindermann Fitzgerald First Replat located north of Second Street N.W., west of TH 52. Wishing to be heard was Josh Johnson, McGhie & Betts, noting their agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded to adopt Resolution No. 373-01 with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-04 by Joel Bigelow & Sons Enterprises to be known as Kingsbury Hills Second located south of 55'h Street N.W., west of the Kingsbury Hills Subdivision and Wedgewood Hills Development. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6176 Regular Adjourned Meeting No. 12 —June 18, 2001 Agenda Item E-5 Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff stated that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hansen moved, Evans seconded, to adopt Resolution No. 374-01 Final Plat #01-04 by Joel Bigelow & Sons Enterprises to be known as Kingsbury Hills Second with four conditions; revision of condition #2 and addition of condition #4. Ayes (7), Nays (0). Motion carried. A Hearing on Final 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 3`d and 4th Subdivisions. Mitzi Baker, Planning Department, stated that in a conversation with Mike Nigbur, Public Works Department, it was decided that the applicant needs to carefully define the standards for the road to be constructed on a temporary basis. She said that the two departments would like to have the item continued to the July 2, 2001 meeting. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing Payne Company. He did not feel that the plat should be held up because of the temporary road situation. Mr. DuMond said that the he had traveled the temporary road and the only area that was impassable was the area currently under utility construction. He stated that the applicant would like the plat approved this evening. It was determined that the continuation of the approval process would not hold up any utility construction at the site; only the selling of the lots. Councilmembers Hanson moved, McConnell seconded, to continue the hearing on Final Plat #00-45 by Payne Company to be known as Century Hills Fifth Subdivision to July 2, 2001. Ayes (7), Nays (0). Motion carried. See also E-5 after the E-11 hearing. E-6 A Hearing on Final Plat #01-23 by Jim Alker to be known as Cascade Ridge Second Subdivision located north of 55th Street N.W. and west of 26th Avenue N.W, Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. He noted their agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 375-01 approving Final Plat #01-23 by Jim Alker to be known as Cascade Ridge Second Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY -OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 — June 18, 2001 6177 Agenda Item E-7 E-8 E-9 E-10 A Continued Hearing on Restricted Development Preliminary Plan #01-11 by Olmsted County HRA to all of the construction of a garage and storage of maintenance equipment and located at 1716 8 %2 Street SE. Mitzi Baker, Planning Department, noted that two playgrounds were in existence on the property. One will remain. She said that the applicant has also requested waiver of the final plan phase. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 376-01 approving Restricted Development Preliminary Plan #01-11 by Olmsted County HRA and waiving the final plan phase. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Amendments to the 1998 Action Plan for the Community Development Block Grant (CDBG) Program. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to amend the 1998 Action Plan for the Community Development Block Grant allocating $46,771.04 to the 2000 Olmsted County HRA Acquisition/Rehabilitation Activity. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Establishment of an "Agency Fee" on ZIPS Dial -A -Ride in the amount of $4.85 per one-way ride. Tony Knauer, Public Works Department, said that he has a verbal commitment from Olmsted County for the funding of the program. The people this will affect will be the agencies who pay the bill for clients that they are receiving a per diem for; there will be no out-of-pocket cost to the client. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 377-01 approving Establishment of an "Agency Fee" on ZIPS Dial -A -Ride in the amount of $4.85 per one-way ride. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Petition to Implement Residential Permit Parking on the 500 Block of 81h Street S.W. (expansion of Permit Parking Zone No. 6). Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 378- 01 adding Paragraphs (6) to Zone #6 (Edison Neighborhood) of Section L "Residential Permit Parking of the Comprehensive Traffic and Parking Resolution Book to be effective from 8:00 AM to 4:00 PM Monday through Friday. (6) 8th Avenue SW/500 Block, on the west side of the street. 6178 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 18, 2001 Agenda Item E-11 E-5 Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M097 (J-9760; "Basic Construction to Serve Lots 23-32, Block 2, Sunnydale Subdivision". Wishing to be heard was Jim Pacyna, 2529 25th Avenue S.E. , speaking on behalf of Victory Baptist Church. He stated that the cost of their assessment is estimated to be $53,000. They strongly object to charges which do not help them or enhance the value of their property. They have not agreed to the assessments; there is no agreement with the Public Works Department. In a letter dated May 30, 2001, they were notified of the hearing as to the proposed charges. A negotiation meeting was set for June 15, 2001. The Department of Public Works called their attorney on June 4, 2001, and cancelled the meeting; a subsequent meeting was set for June 20, 2001. Mr. Pacyna felt that they had not been dealt with in a professional manner with their issues. They requested that the Council table the action until a negotiating meeting is held with the Church. Mike Nigbur, Public Works Department, explained that the attorney for the Church had forgotten about the meeting June 15; the meeting was reset for June 20. It wa: Mr. Nigbur's understanding the Victory Baptist Church had been contacted in the past year. Prior to that City sewer and water was installed along a portion of their property so that their building could be constructed. At that time, there were discussions between former employees with the understanding that when the sewer and water needed to be extended to serve other develt in the area, the cost for utility extensions across the balance of the church frontage would be their obligation. It is the Public Works staff's intention to meet with the Church to talk to them about their cost contribution requirements and how it is structured is to their benefit. Wishing to be heard was Robert Cassidy, 1361 Eighth Avenue S.E., Pastor of Rochester Pentecostal Church. They have the land and are planning to build in the area. He said that they are looking forward to having the project move ahead because of the number of delays in the past. It needs to be settled as soon as possible so that building can be started. Richard Freese, Public Works Director, said that the hearing is only a project hearing. Charges will be through a development agreement with the benefited properties at the standard rates. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 379-01 ordering Project No. M097 (J-9760) "Basic Construction to Serve Lots 23- 32, Block 2, Sunnydale Subdivision" to be made. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 380-01 approving the Substantial Land Alteration activities for the Century Hills Fifth Subdivision. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 G-2a G-2b G-2c G-2d 1 G-3a G-3b H-1 L� CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 —June 18, 2001 Councilmembers Stobaugh moved, McConnell seconded, to approve the Findings of Fact, Conclusions of Law, and Order related to Zoning District Amendment #01- 04. Ayes (4), Nays (2), Abstain (1). Motion carried. Councilmembers Marcoux and Senjem voted nay. Councilmember Hanson abstained. An Ordinance Creating and Enacting Section 13.45 of the Rochester Code of Ordinances, Relating to the Use of City Property, was given a first reading. An Ordinance Creating and Enacting Chapter 64F and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances Relating to the Establishment of a Historic Campus District, was given a first reading. An Ordinance Rezoning Certain Property in Sections 10, 11, 14, 15, 16 and 23 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the R-Sa, R-1 and B-4 Districts, 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 in Sections 15 and 16 of the Rochester Township Recently Annexed to the City of Rochester from the H 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 first reading. An Ordinance Rezoning Certain Property from the R-1 District to the M-1 District and from the R-1 District to the R-2 District, and Amending Ordinance 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. (North Side of 48th Street S.W., West of Highway 63, East of 11th Avenue S.W.) An Ordinance Annexing to the City of Rochester Approximately 11.79 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (West of Century High School, East of Deerhaven Development) Zoning District Amending #01-04 initiated by the City of Rochester to establish zoning districts for land recently annexed to the City located south of Lamar Court between 15th and 18th Avenues S.W. Councilmembers Evans moved, Hanson seconded, to remove from the table Zoning District Amending #01-04. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to rezone land recently annexed to the City of Rochester south of Lamar Court between 151h and 18th Avenues S.W. to the R-Sa District. Discussion. 179 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6160 Regular Adjourned Meeting No. 12 —June 18, 2001 Agenda Item Councilmember Marcoux stated that in talking with the neighbors an I Interim District would be acceptable. Ayes (1), Nays (6). Motion failed. Councilmembers Evans, Hanson, Marcoux, McConnell, Stobaugh and President Hunziker voted nay. Councilmembers Marcoux moved, Stobaugh seconded, to rezone land recently annexed to the City of Rochester south of Lamar Court between 15th and 18th Avenues S.W. to the I Interim District. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to direct staff to initiate an ordinance text amendment which will determine how much development will be permitted in an interim zoning district. 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. j ZVAJ -City Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ular Meeting No. 13 — July 2, 2001 Agenda Item A-1 B-1 C-1 D-1-2 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 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 Hanson moved, Stobaugh seconded, to adopt Resolution No. 381-01 referring the petition from property owners for "Overlay of Sixth Avenue S.E." to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items: Approved the minutes of the June 18, 2001, Council meeting. Adopted Resolution No. 382-01 approving an amendment extending the term of the MHFA Housing Tax Credit Administration Joint Powers Agreement for 2002. Adopted Resolution No. 383-01 approving the IBM Credit Union Skyway connection agreement and authorize the Development District Administrator to review and approve the connection plans. Adopted Resolution No. 384-01 setting a public hearing for July 16, 2001 to consider the issuance of an abatement order for properties at 1950, 2024, 2032, 2048 8 %2 Street S.E. (Eastwood Village Apartment complex). See at end of D Items. Approved Accounts Payable in the amount of $2,903,220.02. Adopted Resolution No. 385-01 calling for a public hearing on August 6, 2001 to consider issuance of Tax Exempt Health Care Facility Revenue Bonds on behalf of the Mayo Foundation. The relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation were noted. Adopted Resolution No. 386-01 accepting the bid of Ag-Chem for the Biosolids Injector for the Water Reclamation Plan in the amount of $215,429.00. Adopted Resolution No. 387-01 approving the Library organizational structure changes as approved by the Personnel Advisory Committee. Approved the appointment of Phyllis Berman to the Rochester Civic Music Board running to December 2003. Adopted Resolution No. 388-01 approving Permit #3473, an agreement between the Rochester Civic Music Board and the Board of Park Commissioners for facilities usage and proceeds distribution. r7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 2, 2001 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 Adopted Resolution No. 389-01 approving Annexation Petition #01-14 by Graham Properties Limited Partnership to annex land west of Eastwood Golf Course, south of Highway 14 and north of Eastwood Road S.E. Directed staff to continue processing the application of excavation work associated with GAC Theater as a "Substantial Land Alteration" adjacent to the North Shopko site. Adopted Resolution No. 390-01 approving the application for the Local Law Enforcement Block Grant award of approximately $67,520.00 . Adopted the following Public Utility resolutions: Resolution No. 391-01 approving an agreement with Ulteig Engineers for the transmission line Q1 upgrade and Eastside substation design not to exceed a cost of $400,000.00. Resolution No. 392-01 approving an agreement with Dakota Minnesota and Eastern Railroad Corporation for the license agreement for the Q1 line upgrade in an amount of $84,480.00. Resolution No. 393-01 approving an agreement with United Conveyor Corporation for the purchase of a bottom ash paddle mixer/unloader at a cost of $44,060.00. Resolution No. 394-01 approving a steam supply project between Rochester Public Utilities and the Mayo Clinic at a cost of $9,136,500.00 to be billed to Mayo Clinic. The relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation were noted. Adopted Resolution No. 395-01 approving a Development Agreement for the Spruce Meadows Development with Americanna Realty. See at end of D Items. Adopted Resolution No. 396-01 approving a City/Owner Contract for Project No. J- 9800 "Watermain and Hydrant to Serve Merchants National Bank (Lot 4, Block 1, Northwest Plaza Subdivision) with Merchants National Bank of Winona and Fraser Construction. Adopted Resolution No. 397-01 approving a City/Owner Contract with Wynnwood Company and Elcor Construction for Project No. J-9814 "Basic Construction in Fox Hill Subdivision". Adopted Resolution No. 398-01 accepting voluntary participation by Rouhoff Commercial Building and Resurrection Evangelical Lutheran Church in the City's Regional Storm Water Management Plan. See at end of D Items. 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 2, 2001 (p 8 3 Agenda Item D-22 D-23 D-24 D-25 D-26 1 D-27 D-5 11 Adopted Resolution No. 399-01 awarding a contract to Rochester Sand and Gravel in an amount of $360,546.02 for Project No. J-9612 "Reconstruction of Cascade Street N.W. from 9th Avenue N.W. to 18th Avenue N.W.". Adopted Resolution No. 400-01 approving the advertising for bids for Project No. 7104-99 (J-9541) "Curb, Gutter & Overlay on Green View Drive S.W., Green View Place S.W., and Green Field Lane S.W.". Adopted Resolution No. 401-01 awarding a contract to Winona Mechanical for Project No. M1-18 (J-9777) "Traffic Calming on Fox Valley Drive from 23rd Avenue S.W. to Salem Road" in the amount of $108,467.74. Adopted Resolution No. 402-01 approving a City/County Cooperative Agreement for Project No. J-6381 "Traffic Signal at West Circle Drive & North Frontage Road" and approved an Engineering Service Agreement with Short Hendrickson, Inc. for the project. Adopted Resolution No. 403-01 modifying Paragraph (73) of Section B "No Parking Zones" to read: (73) Second Avenue SW on the west side of the street, from 14th Street to a point 500 feet, more or less south of 14th Street, during the hours of 8:00 AM to 5:00 PM, Monday through Saturday. See at end of D Items. Ayes (7), Nays (0). Motion carried. Councilmember Marcoux asked that the Council approve the sound amplification permit for Soldiers Field Tower and Suites Tree Top Lounge on a one -month trial basis from July 6th through July 27th until 10:00 P.M. each Friday evening. The Council was concerned about the live music being played in a residential neighborhood. Councilmembers Marcoux moved, Stobaugh seconded, to approve the following licenses and miscellaneous activities. Ayes (7), Nays (0). Motion carried. Beer — 3/2 Off -Sale Wal-Mart Stores, Inc. DBA Wal-Mart Supercenter #1971 Dance — Single Aviary Restaurant — Malibu Mania Parking Lot Party — July 20, 2001 Plumbinq Precision Plumbing & Heating, 845 22"d Street S.E. Sewer and Drain Precision Excavating, Inc. —1909 Bear Court S.E. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA (p (`8y Regular Meeting No. 13 — July 2, 2001 Agenda Item D-17 D-21 D-27 Sound Amplification Local 21 Hotel, Hospital & Restaurant Union — Raffle — July 9, 2001 (5:00 to 7:00 PM) 5th Annual Juvenile Diabetes Golf Tournament — Dinner and Music — August 11, 2001 (6:30 to 10:00 PM) (request waiver of time period) Khin Soue Wedding — July 6, 2001 (4:00 to 10:00 PM) Aviary Restaurant — Malibu Mania Parking Lot Party - July 20, 2001 (8:00 to 10:00 PM) (request waiver of time period) Gay Lesbian Community Services — Pridefest Celebration — July 21, 2001 (9:00 AM to 6:00 PM) African American Community Committee — Multi -Cultural Back to School Picnic — August 19, 2001 (8:00 AM to 8:00 PM) Best Western Soldiers Field Shady Hill Tree Top Lounge — live music Friday evenings throughout the summer from 7:00 P.M. to 10:00 P.M. (requested waiver of time restriction) Miscellaneous Original Annual Toy Run — Marine Corps Toys for Total program — August 18, 2001 Rochester Jaycees — Kiddie Parade — July 4, 2001 Ironwood Springs Christian Ranch — Wheelchair Race — July 7, 2001 Councilmember Senjem asked about the conditions under the development agreement; namely, the cancellation of existing assessments. Richard Freese, Public Works Director, stated that the past assessments were being cancelled and being replaced with water service and other charges that are now applicable. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 404-01 approving a Development Agreement for the Fox Hill Development with John Klopp. Ayes (7), Nays (0). Motion carried. Councilmember Senjem voiced his disapproval with the Pollution Control Agency in its continued review of the water quality program into the urban districts. A similar item was on the June 18th agenda which was also criticized by the Council. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 405- 01 authorizing the execution of a professional services agreement with Bonestroo, Rosene, Anderlik and Associates to prepare addenda to the Rochester Surface Water Management Plan to serve the Bear Creek Sewer Service Area in an amount not to exceed $50,252 (Project No. J-9772), and to serve the Hadley Valley and Northwest Territory Sewer Service Areas in an amount not to exceed $99,546 (Project No. J-2137). Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. Terry Adkins, City Attorney, noted that the Request for Council Action's reference to Paragraph 73 should be to Paragraph 62 of the Comprehensive Traffic and Parking Resolution. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 2, 2001 6185 Agenda Item E-1 E-2 E-3 Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 406-01 adding Paragraph (62) and (303.2) of Section B "No Parking Zones" to read: (62) Second Street SW on the north side of the street, at all times at the following locations: a) From 23rd Avenue to a point 190 feet east of 23rd Avenue b) From a point 60 feet west of the Shorewood driveway to a point 190 feet east of the driveway. (303.2)Country Club Road SW, on both sides of the street, from 23rd Avenue west to the City Limits, at all times. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final 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 4th Subdivisions. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates. He noted that the signage that was present at the development has now been removed. He also noted agreement with the conditions as recommended. Brent Svenby, Planning Department, stated that condition #2 is no longer applicable with the signage removed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 407- 01 approving Final Plat #00-45 by Payne Company to be known as Century Hills Fifth Subdivision with three conditions removing Condition #2. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #01-08 initiated by the Rochester City Council to rezone Airport property to the Agricultural District located in Sections 16 and 21 High Forest Township and recently annexed to the City. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Zoning District Amendment #01-08 initiated by the Rochester City Council and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #00-05 by Arnold Bomgaars to be known as Northern Heights North Fourth located east of Rocky Creek Drive NE and south of Raechel Place NE. Having no one wishing to be heard, President Hunziker closed the hearing. 6186 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 2, 2001 Agenda Item Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 408- 01 approving Final Plat #00-05 by Arnold Bomgaars to be known as Northern Heights North Fourth with two conditions. Ayes (7), Nays (0). Motion carried. E-4 A Hearing on Final Plat #01-24 by Bigelow Enterprises, Inc. to be known as Westway Manor Twinhomes Subdivision located along the north side of Ph Street NW, east of 34th Avenue Court NW and south of Highway 14. Wishing to be heard was Mike Paradise, representing Bigelow Enterprises, 706 Country Road 3, Byron. Mr. Paradise said that the property is located along 7th Street N.W. Originally there were five lots zoned R-3; twin homes were built on the lots. The lots were split so that each side could be sold. He was concerned and confused with the additional requirements imposed on the splitting of the lot. He said that the lot will now have to be platted, fees for parkland, Sac and Wac, stormwater management and a watermain connection will need to be paid. The cost of the lot split will be approximately $10,000 with final costs to total $12,000. Mr. Paradise asked for the Council's help to split the lot in an affordable manner. He mentioned that the Public Works Department told him that if they could prove that the fees had been paid back when the lot had been developed in 1980, then the fees would not have to be paid. Richard Freese, Public Works Director, said that the charges would be applicable to regardless of whether the lot is split or not. All the charges are payable based on either frontage or area. They will resolve the issue on the charges within a ten-day period. Councilmember Marcoux said that she would work with the staff and applicant to reach a conclusion. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 409- 01 approving Final Plat #01-24 by Bigelow Enterprises, Inc. to be known as Westway Manor Twinhomes Subdivision. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Utilit� Easement Vacation Petition #01-08 by J & C Gardens, LLC located east of 11t Avenue SE and north of 20th Street SE. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 410- 01 approving Utility Easement Vacation Petition #01-08 by J & C Gardens, LLC. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on City Council initiated Right -of -Way Vacation #01-07 to vacate the Alley right of way located adjacent to lots 1-5 and 12-16, Block 3, West Zumbro Addition. 1 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 Meeting No. 13 — July 2, 2001 6187 C Agenda Item E-7 E-8 E-9 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 411-01 approving City Council initiated Right -of -Way Vacation #01-07. Ayes (7), Nays (0). Motion carried. A Hearing on Text Amendment #01-01 initiated by the Rochester Planning and Zoning Commission to amend Section 64.133 of the Rochester Zoning Ordinance and Land Development Manual addressing funding required improvements. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Text Amendment #01-01 initiated by the Rochester Planning and Zoning Commission. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation #01-11 by Morris Memorial LLC to annex land located east of East River Road NE and west of TH63. Wishing to be heard was Bob Suk, Attorney, representing the family owning the property to the north of the Morris land. He said that he client is concerned that the property will be developed as single family residential. The client's property is now zoned industrial, they are not opposed to annexation, but are concerned with the use of the land. Mr. Suk said his client, whose company runs large trucks, will be annexed to the City as soon as services are available. Brent Svenby, Planning Department, said that the Morris property is proposed to be a residential development but that no general development plan has been submitted to date. Wishing to be heard was Kent Boyer, Civil Engineering Services, 5300 Highway 63 South. He said that anyone living in this area has knowledge that the trucks are there. The intent of the applicant is to request a zoning change to B-4. The property to the south of the Morris property is owned by Rochester Public Utilities. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Annexation #01- 11 by Morris Memorial LLC and that it be annexed to the City as a "H" Holding Zone. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. J-7033 "Water Service Replacement Charges". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 412- 01 approving the Proposed Assessment for Local Improvement Project No. J-7033 "Water Service Replacement Charges". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6188 Regular Meeting No. 13 — July 2, 2001 Agenda Item E-10 A Hearing on Giving Host City Approval to the City of Oronoco, Minnesota, to Issue Revenue Obligation Bonds for Resurrection Evangelical Lutheran Church in Rochester. Wishing to be heard was Steven Benlen, Midwest Health Care Capital, 665 Woodridge Drive, Mendota Heights, on behalf of Resurrection School. He is responsible for arrangements with the revenue tax financing. Mr. Benlen was available for questions. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 413-01 approving and consenting to the City of Oronoco acting as Host City for the issuance of revenue obligation bonds for a project by Resurrection Evangelical Lutheran Church of Rochester. Ayes (7), Nays (0). Motion carried. F-1 A question was raised by Councilmember Hanson as to whether the watermain needed to be looped to serve the business. Councilmember Hanson indicated tha there have been other instances where the watermain has been dead -ended at the property itself. Steve Kvenvold, City Administrator, noted that the request for the loop was at the recommendation of the Fire Department and Rochester Public Utilities to provide adequate water flowage and pressure because the property is a carpet warehouse. It was noted that oversized sprinklers have been installed. Councilmembers Hanson moved, Evans seconded, to amend Condition #6 to require the applicant to extend the watermain to the property line and dead-end it and that all Fire Code requirements be met for the Final Site Plan for the Carpet One Store in the Arboretum Special District. Discussion. By consensus of the Council the motion to amend Condition #6 shall read: "The extension of public watermain and/or the addition of hydrant(s) on -site to the west property line and the execution of a City -Owner contract." Ayes (7), Nays (0). Motion carried. F-2 Councilmember Hanson stated that the concern of the neighborhood is that cars are traveling north/south to the Dairy Queen; there is a play area on the southeast corner and they are concerned about the speed of the traffic past the play area. There have been four traffic accidents on the corner. Councilmembers Hanson moved, Evans seconded, to put a four-way stop sign at the corner of 4th Street and 13th Street S.E. Discussion. Councilmember Marcoux said that she would rather switch the stop sign to north/south approach before the installation of a four-way stop. Ayes (5), Nays (2). Motion carried. Councilmember Marcoux and President Hunziker voted nay. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 — July 2, 2001 6189 Agenda Item G-2a G-2b G-3a 1 An Ordinance Rezoning Certain Property from the R-1 District to the AG 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. (165 acres of Airport property) An Ordinance Amending and Reenacting Section 64.133 of the Rochester Code of Ordinances, Relating to the Funding of Required Development Approvals, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 165 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 16, the East Half of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 21, Township 105 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 side of Airport) Having no further business, Councilmembers Stobaugh moved, McConnell seconded to adjourn the meeting. Ayes (7), Nays (0). Motion carried. /�V kxl"J i y Clerk 6190 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item A-1 I No one wished to be heard during the Open Comment Period. B-1 President 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. Larry Koshire, General Manager of Rochester Public Utilities, spoke on the impact the dry weather is having on the water supply for the City. He said that there is a sufficient supply of water but the constant use during the dry weather has caused the supply within the water towers to fall low. The concern was that water pressui be available for fire department usage and other emergencies that may arise. Mr. Koshire said that no emergency water situation exists at the present time but that Public Utilities is looking at what measures might have to be taken should one arise. D-1-41 Councilmembers Stobaugh moved, Hanson seconded, to approve the following consent agenda items: D-1 I There were no minutes for approval. D-2 Adopted Resolution No. 414-01 approving the Library's 20-hour Library Assistant position to be converted to a 40-hour position with the deletion of temporary Library Aide II Page positions. D-3 I See at end of D Items. D-4 Adopted Resolution No. 415-01 approving a Preliminary Resolution for Tax Exempt Multifamily Housing Revenue Bond Issuance of $7,850,000 to Weatherstone Townhomes Limited Partnership. D-5 Adopted Resolution No. 416-01 approving a Preliminary Resolution for Tax Exempt Multifamily Housing Revenue Bond Issuance of $20,000,000 to Weatherstone Phase 2 Townhomes Limited Partnership. D-6 IAdopted Resolution No. 417-01 supporting a Housing Tax Credit Application for a 48-unit multi -family housing project to be known as Lincoln Homes. D-7 Adopted Resolution No. 418-01 and 419-01 supporting a Housing Tax Credit Application for a 48-unit multi -family housing project to be known as Rolling Ridge Townhomes. D-8 Adopted Resolution No. 420-01 amending existing Tax Increment Financing policy language related to application fees. D-9 Approved the transfer of $17,000 from the City of Rochester Park and Recreation Department Reserve Fund to the City of Rochester's Community Development Block Grant Line of Credit. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6191 Agenda Item D-10 D-11 D-12 D-13 u Adopted Resolution No. 421-01 approving Change Order #11 for Alvin E. Benike, Inc. for $13,253.00 in connection with Project No. J-6942 "Terminal Building Improvements". Adopted Resolution No. 422-01 approving a renewal lease agreement with Aerodrome Group, Inc. for office space in the Terminal Building for four years commencing June 1, 2001. Adopted Resolution No. 423-01 approving a new lease agreement for Aerodrome Group, Inc. for office space on the Mezzanine Level in the Terminal Building for four years commencing June 1, 2001. Approved the following licenses and miscellaneous activities: Fireworks Melrose Pyrotechnics - Target Store Grant Opening — July 28, 2001 Gambling — Temporary National Wild Turkey Federation — Raffle at Elks Lodge — August 4, 2001 (request waiver of 30 day waiting period) March of Dimes — Raffle — November ,8, 2001 Hiawatha Homes Foundation — Raffle'— November 20, 2001 Heating Contractor Precision Plumbing & Heating, Rochester Pine Heating & Cooling, Pine Island Master Installer Robert Bielke, Rochester Pawnbrokers National Pawn Company North — Location Change from 1111 Seventh Street N.W. to 1016 Seventh Street N.W. (prior approvals: D. Hanson, M. Marcoux, D. Senjem, W. Stobaugh, J. Hunziker, D. Senjem) Sewers & Drains Rochester Plumbing & Heating, Rochester Johnson Excavating, Altura Sound Amplification Permits Innsbruck Townhome Association — National Night Out — August 7, 2001 (request waiver of time period to 10:00 PM) Cross Winds Church, Byron — Mayo Civic Center — Outside Concert — July 25, 2001 (requested waiver of time period to 19:00 PM) Berean Community Church, 1225 Elton Hills Drive — Outside Concerts — August 17 and 24, 2001 (requested waiver of time period to 10:00 PM) Peace Church, 1503 Second Avenue NE — Free Music Series — July 20, August 17, September 21, October 19, November 16 (requested waiver of time period to 9:00 PM) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6192 Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item Miscellaneous Bob Nowicki — US Peace Run — July 20, 2001 Rochester Area LaLeche League — World Walk for Breastfeeding — August 4, 2001 2001 Northwest Neighborhood Association — National Night Out — August 7, 2001 Glendale Neighborhood Association — Neighborhood Parade — August 7, Plummer Neighborhood Association — Block Party — September 9, 2001 Olmsted Medical Center — Road Running Race — September 22, 2001 D-14 Approved an ordinance amending Ordinance 3402, correcting language in the ordinance that stated a public hearing was held, and requesting a first and second reading of the amended ordinance. D-15 I Approved Accounts Payable in the amount of $1,633,399.09. D-16 1 See at end of D Items. D-17 Approved the execution of a release of liability statement to allow an adaptive equestrian program at The Stables Arena through the Rochester Park and Recreation Department. D-18 Accepted the donation of a Preliminary Breath Tester to the Rochester Police Department from the Minnesota Department of Public Safety. D-19 Adopted Resolution No. 424-01 entering into a contract with the Minnesota Department of Public Safety for reimbursement of overtime expenses of up to $800.00 associated with the Operation NightCAP Grant. D-20 Adopted Resolution No. 425-01 approving entering into an application from the State of Minnesota for Safe & Sober grant funds for the Rochester Police Department. D-21 Adopted Resolution No. 426-01 entering into an amendment to the Stormwater Agreement with Salem Sound Homeowner's Association and the Salem Point Homeowner's Association to manage stormwater runoff in the Bamber Lake Drainage Basin. D-22 Adopted Resolution No. 427-01 approving the Highway Maintenance Agreement the period of July 1, 2001 to June 30, 2002 with the County of Olmsted for the maintenance of 11.31 miles of county highways within the City of Rochester. D-23 Adopted Resolution No. 428-01 approving a professional services agreement with Yaggy Colby Associates for engineering design services for Project No. J-9828 "Regional Stormwater Pond to Serve the East Circle Drive NE Area." D-24 Adopted Resolution No. 429-01 awarding the contract to Fraser Construction in amount of $168,268.40 for Project No. J-2465 "Bamber Lake Area Pond/Storm Sewer Improvements". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6193 Agenda Item D-25 Adopted Resolution No. 430-01 approving a Development Agreement with Bigelow Enterprises for Project No. J-9783 "Southern Hills Third". D-26 Adopted Resolution No. 431-01 approving a Development Agreement with ABBCO for Project No. J-9832 "Northern Heights Village". D-27 Adopted Resolution No. 432-01 approving a City/Owner Contract with Salem Sound Homeowners Association, Salem Point Homeowners Association and Fraser Construction for Project No. J-9819 " Bamber Lake Area Outfall System Improvements". D-28 Adopted Resolution No. 433-01 approving a City/Owner Contract with Arcon Development and Arcon Construction for Project No. J-9805 "Basic Construction in Summit Pointe Second". D-29 Adopted Resolution No. 434-01 approving a City/Owner Contract with West Circle Drive LLC and Road Constructors, Inc. for Project No. J-9766 "Watermain to Serve Lot 1, Block 1, Circle Drive Business Center" D-30 Adopted Resolution No. 435-01 approving a City/Owner Contract with Bigelow Enterprises, Inc. and Elcor Construction for Project No. J-9770 "Basic Construction in Kingsbury Hills Second". D-31 Adopted Resolution No. 436-01 approving a City/Owner Contract with Bigelow & Sons Enterprises and Elcor Construction for Project No. J-9783 "Basic Construction in Southern Hills Third Addition". D-32 Adopted Resolution No. 437-01 approving a Pedestrian Facilities Agreement with the Diocese of Winona for the Holy Spirit Catholic Church site at 5455 50`h Avenue N.W. D-33 Adopted Resolution No. 438-01 accepting voluntary participation by TGH LLC in the City's Regional Storm Water Management Plan. D-34 Adopted Resolution No. 439-01 authorizing the Mayor and City Clerk to sign the maintenance agreement with GoodPoint Technology for software called ICON for the City's street pavement project. D-35 Adopted Resolution No. 440-01 authorizing the execution of an Engineering Services Agreement with Yaggy Colby Associates for Project No. M1-31 (J-9792) "Sanitary Sewer and Watermain Extension to Serve the Southport Subdivision Area". D-36 Adopted Resolution No. 441-01 adding Paragraph (29.4) to Section H "Limited Parking (Zone C - 30 minute limit) to read: (29.4) 41h Street SE on the north side of the street 60 feet more or less in front of the premise known as'415 4th Street SE, from 8:00 AM to 9:00 PM all days. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6194 Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item D-37 Adopted Resolution No. 442-01 calling for a public hearing on August 6, 2001, to consider the establishment of Residential permit Parking Zone #5 (Cascade Manor Neighborhood) on 1s' Street NW, 1100 block, from 8:00 AM to 4:00 PM Monday through Friday including the residents on the west side of 11th Avenue NW/10 block. D-38 I See at end of D Items. D-39 Adopted Resolution No. 443-01 approving a contract with Olmsted County for a portion of the local share in support of ZIPS Dial -A -Ride operations in 2001 for a maximum of $68,377. D-40 Adopted Resolution No. 444-01 awarding a contract to Foster Electric of Rochester in the amount of $584,156 for the Control System Upgrade at the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. D-3 Councilmember Senjem asked why the money will be used in the County rather than the City since the funds have come from the stormwater management program. Councilmember Marcoux said that the upkeep of the water shed in the County is important because of the impact it has on City lakes, for example, Cascade Lake. Steve Kvenvold, City Administrator, stated that there is no policy on the use of the monies. The City has assumed the responsibility for the care of the flood water; if there is a problem, the monies can be taken from the flood control program. Councilmembers McConnell moved, Senjem seconded, to increase the funding for the Flood Control South Zumbro Watershed Management Study for stormwater an( water quality from $20,000 to $25,000. Ayes (7), Nays (0). Motion carried. D-16 I Councilmember Senjem asked why we are using the Flood Control account to finance affordable housing. Councilmembers Senjem moved, Stobaugh seconded, to approve Resolution Nos. 445-01 and 445-01A authorizing advances from other funds for the previously - approved tax increment projects as listed on the Request For Council Action dated July 16, 2001. Discussion. Steve Kvenvold, City Administrator, said that it makes more sense to manage our money from one account to another internally so that the City does not have to go outside to borrow the money and pay higher interest on it. Ayes (7), Nays (0). Motion carried. D-38 Councilmember Senjem felt that money to be spent on traffic signals for emerge vehicle pre-emption was not something that was imminent and would provide a that to minimize the loss of revenue from the State next year. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6195 Agenda Item E-1 Steve Kvenvold, City Administrator, asked that the Council not start looking at ways to save money next year as projects come up for approval. He suggested that the Council may want to look at the Capital Improvement Budget to find possible projects that could be better cut than this one. Dave Rossman, Traffic Engineer, stated that the Emergency Vehicle Pre-emption project is city-wide, affecting all sections of the city, and is to be phased in over the next two years. It allow emergency vehicles to pre-empt traffic signals as well as public transportation to pre-empt to allow for better movement of traffic during the peak periods. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 446- 01 approving Cooperative Agreements with the State of Minnesota and Olmsted County for Project No. J-6396 "Traffic Signal Emergency Vehicle Pre-emption". Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. A Hearing to Determine Whether Properties Located at 1950, 2024, 2032 and 2048 8 % Street S.E. are hazardous as defined by Minnesota Statutes Chapter 463. Ron Boose, Director of Building and Safety Department, said that the department was seeking an abatement for the hazardous properties at 1950, 2024, 2032 and 2048 81/2 Street S.E. The properties are in a hazardous condition and have long been a problem for the City. Susan LeGare-Gulden, City Housing Inspector, Building and Safety Department. The buildings in question are four of fourteen multi -unit dwellings located at the Eastwood Village Complex. The properties appear to have been abandoned and have been placarded as unfit for human habitation on May 17, 2001. She said that the units were former air force base housing units from North Dakota that were bought to Rochester in 1978 for the purpose of student housing. Haven Hodge owned the buildings until 1987 when they were sold to Austin Miller with a mortgage held by Patrick and Mary Larrison. The buildings have not been in compliance with building and safety codes since 1991. Ms. LeGare-Gulden presented a slide presentation showing the deterioration of the buildings both on the exterior and interior locations. The buildings have leaking roofs, peeling paint, rotting wood, falling ceilings, damaged walls, broken windows, and vermin. The Building and Safety Department is asking that the buildings be demolished and removed within 60 days or that the property owner submit the required documents for building improvements within 30 days. Wishing to be heard was Officer Steve Thompson, Community Policing for the neighborhood. Officer Thompson has been with the Police Department for five years and during that time there have been numerous problems with the buildings. He noted that the buildings are full of chemicals and building materials, there is peeling paint and unsealed appliances. He also noted that the buildings are not secured and provide residences for vagrants, the homeless, runaways, teen parties and drug use is prevalent. Officer Thompson said that the water has been shut off and, therefore, the bathrooms will not flush even though they are used. The buildings are a definite hazard to the community and provide a hazardous setting 6196 RECORD OF.OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item for fire and police personnel. He also noted that the neighborhood has a lot of small children which could be harmed if they are in the buildings. Wishing to be heard was Joe Burnett, President of Sendmygift.com, identifying himself as the present owner of the building. He indicated that evidence of ownership is not on record due to delinquent property taxes and the mismanagement of a former property manager. He indicated that offers have been made by two firms to purchase the property and restore it to useful dwellings. He noted that Carl Anderson is a local attorney working with him on the purchase agreements. Wishing to be heard was Jim Rogich, 1923 South Village Drive S.E. Mr. Rogich indicated that building number 1950 was behind his property. In trying to sell his home, realtors indicated that it would be difficult due to the presence of the abandoned units in Eastwood Village. He asked the Council to have the building demolished for the good of the neighborhood. Wishing to be heard was Scott Paulson, 1932 South Village Drive S.E., a neighbor living adjacent to Mr. Rogich. Mr. Paulson said that they have been through the process with owners of the properties in question promising to fix up the units. He said that after all the promises, nothing has been done. Wishing to be heard was Connie Tollefson, 1928 South Village Drive S.E., owner of a home in front of the properties being discussed. She said that previously the owners of the buildings have made upgrades to the units to barely bring the units to code and then do no more. The tenants of the buildings are loud, play loud music, there is no privacy, the traffic from the tenants cause problems and there is drug use and sales. She asked that the building be condemned and demolished and that single-family homes be placed on the lots. Wishing to be heard was Karim Esmailzadeh, 3905 Viola Road N.E. Mr. Esmailzadeh stated that he has tried to bring the buildings under code but that the expenses were very great. When purchasing the buildings from the Miller's, he inherited approximately $100,000 in back taxes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers discussed the condition of the four buildings in question and were also told that three of the remaining ten buildings, 1918, 1934, and 2008, have action pending. Councilmembers were also told that two options must be provided to the owners of the properties. Councilmembers Hanson moved, Stobaugh seconded, to direct the owners of properties at 1950, 2024, 2032 and 2048 8 Y2 Street S.E. to take action by August 20, 2001 to (1) obtain a demolition permit within 30 days, or (2) file an application for building permits within 30 days that would take corrective measures as outlined in the Request for Council Action dated July 16, 2001 and directed the City Attorne to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6197 Agenda Item E-2 E-3 It was discussed that if the owner intends to demolish the buildings, all work must be completed within 60 days of the order. If the owner elects to renovate the buildings, a permit application, reasonable work schedule and complete dated must be provided within 30 days. The Council would then consider, at their August 20th meeting, the recommendation for renovation. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-12 by Gene Peters to annex land located along the west side of 18th Avenue S.W., north of 36th Street S.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of the developer, Gene Peters. Mr. Masterpole was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #01-12 by Gene Peters. Ayes (7), Nays (0). Motion carried. A Hearing on Amendment to General Development Plan #157, known as Hart Farms located along the west side of 18th Avenue S.W., west of 36th Street S.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of Gene Peters. Mr. Masterpole asked to discuss condition #3 — the mid -block pedestrian pathway. Approximately three months ago there were discussions with the Council about the pathway and the concerns of safety; allowing pedestrians and children to cross from Hart Drive onto 18th Avenue. He asked that the condition be eliminated. A bike path will run along the west and east sides of 18th Avenue in the future. Mitzi Baker, Planning Department, said that a future pedestrian walkway will run along the west side of 18th Avenue adjacent to this development. The mid -block connection was discussed at the time the GDP was reviewed and approved but there was no waiver of the requirement. Ms. Baker pointed out that Section 64.227 of the Zoning Ordinance requires the mid -block connections except where unique topographical conditions make the trails unfeasible. The Council discussed the possible safety issues with children using the pedestrian walkway and crossing 18th Avenue rather than using the controlled access. It was noted by Public Works that the bike path will be constructed at the same time that the houses are to be built. Wishing to be heard was Bob Zutter, 3245 18th Avenue S.W. Mr. Zutter was concerned that a bike path might be going through their yard in the future; he asked how close the path would come to his house in the middle of the four -acre lot. Mike Nigbur, Public Works Department, said that in 2004 a bike path will be constructed along the frontage of 181h Avenue S.W. in front of their home and that they could call him with specific questions. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6198 Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve to General Development Plan #157, known as Hart Farms with three conditions and adopt the Findings of the Planning and Zoning Commission. Ayes (7), Nays (0). Motion carried. Councilmembers Evans and Hanson voted nay. E-4 A Hearing on Preliminary Plat #01-21 by Gene Peters, to be known as Hart Farms North Subdivision located along the west side of 18th Avenue S.W., north of 36th Street S.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of the developer, Gene Peters. Mr. Masterpole was available for questions. He noted their agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Preliminary Plat #01-21 by Gene Peters, to be known as Hart Farms North Subdivision with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusio of Law, and Order. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Final Plat #01-26 by Badger Development LLC II to be known as Badger Ridge Third Subdivision located along the south side of Valleyhigh Road N.W., west of Superior Drive N.W., east of Kenosha Drive N.W. and north of Monroe Drive N.W. Wishing to be heard was Mack Hamilton, Chief Manager of Badger Development. Mr. Hamilton noted their agreement with the conditions and was available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolutions No. 447-01 and 448-01 approving Final Plat #01-26 by Badger Development LLC II to be known as Badger Ridge Third Subdivision and approving the Substantial Land Alteration Activity. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Final Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc. to be known as Southern Hills Third located west of 18th Avenue S.W., south and west the Southern Hills Subdivision and north of Southern Hills Second Subdivision. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., representing Jo( Bigelow. They agree with the conditions but asked for clarification on condition #1 Outlot A will be a bituminous path to move pedestrians from one cul-de-sac to another but Outlot A, in back of the lot lines, will be turf. Mitzi Baker, Planning Department, asked that the language be modified in conditi #1 to read: "...bituminous bike path, on Outlot A between the cul-de-sac bulbs is required....". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6199 1 Agenda Item E-7 FW. E-9 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 449-01 approving Final Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc. to be known as Southern Hills Third with four conditions, modifying condition #1. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #00-38 by Arcon Development to be known as Summit Pointe Second located along the east side of 50t Avenue N.W. and north of White Oaks Fourth Subdivision and North Park Ninth Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing Arcon Development. He said that they were in agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 450- 01 approving Final Plat #00-38 by Arcon Development to be known as Summit Pointe Second with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-25 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision located along the east side of 111h Avenue S.E. and north of the future alignment of 20th Street S.E. Wishing to be heard was Bill Anderson, Yaggy-Colby Associates, representing Arnold Bomgaars. He noted their agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 451- 01 approving Final Plat #01-25 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-13 by Schaffenberger, Cassidy and Fogarty for land located north of Emerald Hills Development and south of 48t Street N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation Petition #01-13 by Schaffenberger, Cassidy and Fogarty. Ayes (7), Nays (0). Motion carried. G-2a An Ordinance Annexing to the City of Rochester Approximately 7.87 Acres of Land Located in the Northwest Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (West side of 18th Avenue SW, north of 36th Street SW) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6200 Regular Adjourned meeting No. 14 — July 16, 2001 Agenda Item G-2b An Ordinance Annexing to the City of Rochester Approximately 19.05 Acres of Land Located in the North Half of the Northwest Quarter of the Northeast Quarter Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, w given a first reading. (North of Emerald Hills Development, south of 48t' Street NE) G-2c An Ordinance Amending the Provisions of Ordinance No. 3402 Which Provided for the Annexation to the City of Rochester of Approximately 165 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 16, and the East Half of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 21, Township 105 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. Councilmembers Marcoux 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 McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3a An Ordinance Creating and Enacting Chapter 64F and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances Relating to the Establishment of a Historic Campus District, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3b An Ordinance Creating and Enacting Section 13.45 of the Rochester Code of Ordinances, Relating to the Use of City Property, was given a second reading. . Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3c An Ordinance Rezoning Certain Property in Sections 10, 11, 14, 15, 16 and 23 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the R-Sa, R-1 and B-4 Districts, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3d An Ordinance Rezoning Certain Property in Sections 15 and 16 of the Rochester Township Recently Annexed to the City of Rochester from the H 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 McConnell moved, Marcoux seconded, to adol the Ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned meeting No. 14 — July 16, 2001 6201 Agenda Item 1 LJ Having no further business, Councilmembers' Senjem moved, Marcoux seconded, to recess the meeting to 4:15 P.M., Monday, July 23, 2001. Ayes (7), Nays (0). Motion carried. ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6202 Recessed Council Meeting No. 15 — July 23, 2001 Agenda Item B-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, David Senjem, Walter Stobaugh. Absent: None. D-1-2 I Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items. D-1 Approved the rejection of the previous bids and adopted Resolution No. 452-01 readvertising for bids for Project No. J-6970 "Passenger Loading Bridge at the Rochester International Airport". D-2 Approved a Sound Amplification Permit on July 28, 2001 from 5:00 to 10:00 P.M. for the professional boxing event sponsored by the Fourth Street Gym and the Rochester Police Athletic Association at the Rochester Elks Club parking Lot, 917 15th Avenue S.E. Ayes (7), Nays (0). Motion carried. E-1 A Hearing on Type III, Phase Il, Conditional Use Permit by G.A.C. Theatres LLC Requesting Approval for Substantial Land Alteration to Remove a Portion of the Hill and Change Elevations by 10 Feet or More on the North Side of 37th Street N.E./East Circle Drive, East of TH63 and Shopko. Wishing to be heard was Bill Tointon, McGhie & Betts, representing 37th Street Theatres, LLC. He introduced Jeff Broberg, certified licensed geologist with McGhie & Betts. Wishing to be heard was Jeff Broberg, Vice -President McGhie & Betts, Environmental Services. Mr. Broberg noted that they are seeking a Conditional Use Permit (CUP) for substantial land alteration at the site for the 37th Street Theatres. He said that the site had previously been altered and they were now dealing with a non -stable situation. Mr. Broberg noted that the cliff facing is of St. Peter sandstone which is a fine grain with very fine quartz sand that are perfectly rounded pebbles. He said that this type of sandstone is most stable when it is nearly vertical. Mr. Broberg said that they will need to stabilize the cliff by a series of terraces and plantings to hold the slope. He noted that they had suggested six inches of soil to maintain the plantings on the terraces; the Planning and Zoning Commission suggested 24 inches which they will abide with. The top of the cliff will be replanted with trees and grasses to retain the original structure of the cliff. Wishing to be heard was Linda Brobeck, 3945 Alberta Drive N.E.; they live directly behind the project in question. She said that the neighborhood is concerned that the Council involvement is too little too late. She noted that they are not opposed tc the theatres being developed but in the destruction of the hillside and bluffs. The trail that went behind Shopko and the wildlife that lived in that area will no longer be available to the residents. Other natural sights on the hillside will be destroyed as well to put in a parking lot. Although McGhie & Betts will do a good job in planting and construction of the slope, there needs to be someone responsible in the future L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Council Meeting No. 15 — July 23, 2001 6203 Agenda Item J to make sure that the green space is maintained. She said that she hoped that the Council kept in mind that the real beauty of Rochester are the rolling hills and bluffs. Wishing to be heard was Lee Ganske, 4220 Eastwood Road S.E. Mr. Ganske is Chair of the Urban Design and Environment Committee. He encouraged the Council to make sure that this area is seeded and planted for the future. He noted that the Committee has put a substantial amount of time and effort in the Substantial Land Alteration ordinance. Mr. Ganske handed out materials that listed the concerns of the Committee in regard to the site, the events leading to what happened at the site, and the future concerns of the Committee for Rochester in general. Wishing to be heard was Jeff Broberg, McGhie & Betts, noting that they were currently working after obtaining interim grading permits. He stated that the stabilization of the cliff would take approximately three to four weeks to complete. Mr. Broberg said that all of the conditions noted were to have been followed prior to excavation but have been working on phased grading plans to this point. Terry Adkins, City Attorney, suggested that condition #1 c be rewritten to state: "prior to any future excavation occurring after today". Mr. Broberg agreed with the condition as amended. Wishing to be heard was Randy Severson, 821 Bristol Lane N.E.. He urged the planting of trees at the top to make the cliff as natural as it had been. He also noted that the admission of trees will make a'difference during the upcoming winter months for this home located behind the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve Type III Phase II Conditional Use Permit #01-18 by G.A.C. Theatres LLC with five conditions and approving the amendment to condition #1 c as noted by the City Attorney. Discussion. Councilmembers were concerned about future maintenance of the plantings. Terry Adkins, City Attorney, stated that the applicant is responsible for the duration of the permit. Mr. Adkins stated that an agreement between the City and the applicant might be required as to how landscaping would be maintained and that the agreement shall be binding on any assigned !or successors to the property and that if any term of the condition be violated, the matter would be handled in district court with the attorney fees being paid by the violator. Wishing to be heard was Henry Dion, 710 Tenth Avenue S.W., an employee of Chafoulias Companies. He said that placing a condition of this nature on the property may make it difficult to sell in the future. He did not think that such a condition was necessary. Mike Nigbur, Public Works Department, noted that a Declaration Maintenance Agreement can be created and recorded with the land to ensure that the applicant r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6204 Recessed Council Meeting No. 15 — July 23, 2001 Agenda Item is responsible for all maintenance of all landscaping. Councilmembers asked that the document be approved by the City Administrator, City Attorney, Director of Public Works, and the Director of Planning and Zoning. The changes were acceptable to the Council. Ayes (7), Nays (0). Motion carried. The Council recessed its meeting until after the Committee -of -the -Whole Meeting. E-2 IThe meeting was reconvened at 6:35 P.M. by President John Hunziker with all Councilmembers in attendance. Councilmembers Marcoux moved, McConnell seconded, to approve the stipulated award as to Parcel B in the matter of the City vs Gary L. Mattison and Barb Prow LLC with the understanding that Item #8 be changed to grant an easement to the City for a length of 100 feet and a width of at least 6 feet in the southwest corner of the property understanding that this is a counteroffer to the proposal submitted by Prow. Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hanson and Stobaugh voted nay. Councilmembers Senjem moved, Marcoux seconded, to grant a revocable permit for the south 30 feet of the taking area of the Prow parcel to allow property owner's access to the public right-of-way if the settlement agreement is not approved. Aye., (7), Nays (0). Motion carried. Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ity Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 6205 Agenda Item A-1 B-1 C-1 D-1-38 D-1 D-2 D-3 D-4 D-5 M. 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, Dave Senjem, Walter Stobaugh. Absent: None. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 454-01 accepting the petition for Extension of Enterprise Road from River Ridge Development LLC and refer the petition to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items. Approved the minutes of the July 2, July 16 and July 23, 2001 council meetings. Adopted Resolution No. 455-01 approving advertising for bids for repainting of the Second Street S.W. skyway bridge. Adopted Resolution Nos. 456-01 and 457-01authorizing contracts with William J. Office Furniture & Interiors in the amount of $30,693.27 for New Seating at Gates 3-4 and with Rochester Sign Service in the amount of $12,318.00 for New Exterior Signage for Project No. J-6970 "Terminal Expansion at the Rochester International Airport". Adopted Resolution No. 458-01 authorizing execution of FBO Amendment with Rochester Aviation extending the agreement for 12 years to 2031 for rental in the new arrival/departure building and construct a new hanger facility of 20,000 square feet at an agreed location subject to the City Attorney's review and approval of the Amendment's terms and conditions. Adopted Resolution No. 459-01 setting a public hearing for charter amendments by ordinance for the RPU budgeting process Approved the following licenses and miscellaneous activities: Circus Farrow Amusement Company, Inc. — Olmsted County Fairgrounds — July 31 to August 5, 2001 Dance — Temporary O'Neill's Pizza Pub — August 25, 2001 Gambling Premise Permit Renewal Knights of Columbus, Rochester Voiture 327 40/8 at American Legion Post 92 Gambling — Temporary Rochester Ducks Unlimited rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6206 Regular Meeting No. 16 — August 6, 2001 Agenda Item Heating Contractor Harty Mechanical, Inc., Austin Air Conditioning Associates, Inc., St. Paul Master Installer Loren Mitch Elness, Pine Island John Matthews, St. Paul Master Plumber Buckman Plumbing Company, Inc., Minneapolis Sidewalks — Cement Advanced Concrete & Masonry, Brooklyn Park Sign Installation Topline Advertising, Osseo Sound Amplification Permits The Rochester Track Club — Holiday Inn Half Marathon & 5K Run — August 18, 2001 Elim Baptist Church — 4th Annual Community Appreciation Party — August 25, 2001 — 4:00-8:00 PM Zumbro Valley Mental Health Center — Agency Picnic — August 16, 2001 — 5:00 — 8:00 PM Holiday In South — End of Summer Party — August 24, 2001 — 8:00 PM to Midnight (request waiver of 8:00 PM time period restriction) Miscellaneous Ellen Larson & Sandra Miller — Block Party at cul-de-sac at end of 25'h Street S.E. —August 11, 2001 The Rochester Track Club — Holiday Inn Half Marathon & 5K Run — August 18, 2001 Professional AIDS Network — First annual AIDS Walk — August 25, 2001 Juvenile Diabetes Research Foundation — Walk to Cure Diabetes — September 15, 2001 National Night Out — Emerald Hills — August 7, 2001 D-7 Approving the granting of a Public Transportation Franchise to Omer Sharif Abbas Abdalla DBA Arab Community Services for a three-year period running until December 31, 2004, and requesting the rules be suspended to give the ordinance first and second reading. D-8 I Approved Accounts Payable in the amount of $5,617,495.50. D-9 IAdopted Resolution No. 460-01 initiating the process for the sale of the City's $8,315,000 General Obligation Revenue Refunding Bonds, Series 2001A. D-10 I Adopted Resolution No. 461-01 authorizing the Mayor and City Clerk to sign the excess risk insurance contract with ING/ReliaStar Life Insurance Company. 1 RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 6207 ' Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 Adopted Resolution No. 462-01 authorizing the Mayor and City Clerk to sign the LMCIT Liability Coverage -Waiver Forms for the City of Rochester LMCIT policy and the South Zumbro Watershed Joint Power Board policy. See at end of D Items. Adopted Resolution No. 463-01 approving the Olmsted County Fire Department Mutual Aid Agreement. See at end of D Items. Accepted the donation of an in -car video system from the Minnesota Department of Public Safety for the Rochester Police Department Safe & Sober Driving Program. Adopted Resolution No. 464-01 approving Orderly Annexation Petition #01-16 by Donald and Carl Krahn to annex land located along Knollwood Drive S.E. in Rose Harbor Subdivision. Adopted Resolution No. 465-01 amending Resolution No. 270-82 correcting a legal description in the vacation of a drainage easement on Lots 1 through 6, Block 2, The 12 Seas Subdivision. Adopted the following Public Utility resolutions: Resolution No. 466-01 approving an agreement with Stanley Consultants, Inc. for professional engineering services for modifications and revisions to the Silver Lake Plant to provide steam to the Mayo Foundation in an amount of $409,000.00. Resolution No. 467-01 approving an agreement with Stanley Corporation, Inc. for professional engineering services for installation of steam delivery pipeline to the Mayo Foundation at a cost of $346,300.00. Resolution No. 468-01 approving an agreement with Velan Valve Corporation for steam valves for Silver Lake Plant modifications for steam supply to the Mayo Foundation at a cost of $164,132.00. Resolution No. 469-01 approving an agreement with Monitor Labs, Inc. for a continuous emissions monitoring system for the new Cascade Creek combustion turbine — Contract 5, at a cost of $284,015.00. Resolution No. 470-01 approving an agreement with People Natural Gas Company for large volume interruptible gas service for the Cascade Creek generation facility with services and rates as established by the agreement. Resolution No. 471-01 approving an agreement with Peoples Natural Gas Company for interruptible transportation service for the Cascade Creek general facility with services and rates as established by the agreement. 6208 RECORD OF.OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 Agenda Item Resolution No. 472-01 approving a revised compensation amount of the contract with Burns & McDonnell of August 20, 2000, for professional engineering services for completion of the 161 kV conversion of the Cascade Creek Substation, an increase in the contract of $80,000.00 to bring the total amount to $460,000. Resolution No. 473-01 approving an agreement with People's Cooperative Services, Inc. for areas annexed July 1, 1998 through December 31, 1999 at a cost of $25,135.68 as an initial payment for the 24 services which pre-existed the annexations and 8.5 mills/k Wh for up to ten years for sales to post -annexation load. Motion to direct the City Attorney to revise Section 14.03 of the Rochester Code of Ordinances to authorize the Mayor to issue a proclamation to meet a local civil defense emergency for the maintenance, protection or restoration of public utility services. D-19 Adopted Resolution No. 474-01 authorizing the execution of two assessment agreements for 1867 18th Street N.W. and 1735 19th Avenue N.W. for Project No. 9723 "Curb, Gutter and Overlay on 19th Avenue N.W. to Valley High Drive" to include costs associated with their sidewalk replacement requests and to amend the previously adopted Assessment Roll dated December 12, 2000. D-20 Adopted Resolution No. 475-01 approving execution of the Development Agreement Amendment with the First Alliance Credit Union for the First Alliance Business Park. D-21 Adopted Resolution No. 476-01 approving the Development Agreement for the People of Hope Church Property. D-22 Adopted Resolution No. 477-01 approving the City/Owner Contract between the City, Rochester Independent School District #535 and Fraser Construction for Project No. J-9825 "Watermain Relocation for the Mayo High School Building Addition". D-23 Adopted Resolution No. 478-01 approving the City/Owner Contract between the City, Leslie Lurken and Elcor Construction for Project No. J-9837 "Basic Construction in North Park Eleventh". D-24 Adopted Resolution No. 479-01 approving the City/Owner Contract between the City, Rochester Independent School District #535 and Market & Johnson, Inc. for Project No. J-9827 "Watermain & Hydrant to Serve the Longfellow Elementary School Building Addition". D-25 Adopted Resolution No. 480-01 approving the City/Owner Contract between the City, Minnesota State Colleges & Universities and Schroeder Leverington for Project No. J-9818 "Watermain Relocation & Hydrant to Serve the RCTC Horticulture Building Addition". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 6209 Agenda Item D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 Adopted Resolution No. 481-01 approving the City/Owner Contract between the City, Dan Soderberg & Fraser Construction for Project No. J-9822 "Watermain & Hydrant to Serve Lot 1, Block 2, Northview First Subdivision (Soderberg Building). Adopted Resolution No. 482-01 accepting voluntary participation by ISD #535, Longfellow Elementary School, in the City's Regional Storm Water Management Plan. Adopted Resolution No. 483-01 authorizing the advertisement of bids for Project No. M1-08 (J-9753) "Sanitary Sewer Extension from Greystone, westerly, to the Hart Farm Property to serve undeveloped land along 18tn Avenue S.W.". Adopted Resolution No. 484-01 entering into a Professional Services Agreement with SRF Consulting Group, Inc. for preliminary design and project memorandum services for Project No. M1-50 (J-9815) "Reconstruct Bandel Road from 65tn Street N.W. to 55tn Street N.W.". Approved the rejection of the bids for Project 'No. M)-88 (J-9738) "Sanitary Sewer and Watermain to Serve the Crocus Hills Area". Adopted Resolution No. 485-01 authorizing the advertising of bids for Project No. M097 (J-9760) "Basic Construction to Serve Lots 23 through 32, Block 2 Sunnydale Subdivision". Adopted Resolution No. 486-01 authorizing the advertising of bids for Project No. 2- 2001 (J-9831) "Sidewalk Replacement in Southwest Rochester'. Adopted Resolution No. 487-01 awarding the contract for Project No. 6220-4-00 (J- 9610) "Concrete Curb & Gutter and Overlay in 201h Street N.W. from 13tn Avenue N.W. to Valkyrie Drive N.W." to Rochester Sand & Gravel in the amount of $151,571.40. Adopted Resolution No. 488-01 awarding the contract for Project No. 7104-99 (J- 9541) "Curb, Gutter & Overlay on Green View Drive S.W., Green View Place S.W. and Green Field Lane S.W." to Rochester Sand & Gravel in the amount of $438,845.03. Adopted Resolution No. 489-01 authorizing the advertising of bids for Project No. 9207-99 (J-4365) "Reconstruction of North Plan Road for Waste Reclamation Plant". Adopted Resolution No.490-01 amending Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book as follows: Add Paragraph (169.4) 8tn Street S.W. on both sides of the street, from 9th Avenue to 101n Avenue from 9:00 AM to 10:00 AM Monday through Friday. Amend Paragraph (178.7) 101n Avenue S.W.'',on both sides of the street, from 61n Street to 8tn Street from 9:00 am to 10:00 am Monday through Friday. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 210 Regular Meeting No. 16 — August 6, 2001 Agenda Item D-37 I Adopted Resolution No. 491-01 amending Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book as follows: Add paragraph (303.4) Clearwater Road N.W. on the west side of the street, from 551h Street to Whalers Lane N.W., at all times. D-38 Adopted Resolution No. 492-01 awarding the contract for the Administration Building HVAC Upgrade at the Water Reclamation Plant to HiMEC, Inc. for Rochester in an amount of $151,500.00. D-39 Adopted Resolution No. 493-01 approving a City/Owner Contract with Midwest Theatres, DBA CineMagic Theatres and Friedrich Construction for Project No. J- 9826 "Watermain & Hydrants to Serve the CineMagic Stadium Theatres at Circle 19 Plaza". Ayes (7), Nays (0). Motion carried. D-12 Councilmember Senjem addressed the State -Wide Mutual Aid agreement with communities in Minnesota incurring a disaster or emergency situation would allow the City to send help to them; he said that it is a great idea. However, he questioned the Fire Chief or Police Chief dispatching staff and equipment to assist another local government without prior approval by the Mayor, a member of the Common Council or the City Administrator. He asked that the agreement be amended to strike the sentence in the third paragraph: "Except that, in the case of an existing emergency, the Fire Chief and Chief of Police....". David Kaplar, Fire Chief, responded that the only time that departments would respond without prior approval was in the instance where time was of the essence. He explained that in emergency situations, it might be difficult to find an official to give the approval needed prior to responding. Councilmember Marcoux did not feel that, in emergency situations, the fire or poli departments should have to try to find an official to secure approval from; only in the situation of planned deployment. Steve Kvenvold, City Administrator, said that he was inclined to agree that the decision should be the governing body's and not left to a department to make the decision. Councilmembers asked for clarification "members" of the City Council meant one individual or the majority of the Council. Councilmembers Marcoux moved, Evans seconded, to adopt the agreement as it is originally written allowing the Chiefs of the Fire and Police to use their discretion in response to emergencies. Discussion. Ayes (3), Nays (4). Motion failed. President Hunziker and Councilmembers Hanson, McConnell, Senjem, and Stobaugh voted nay. 1 RECORD OF OFFICIAL PROCEEDINGS 'OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 6 21.1 Agenda Item D-14 E-1 E-2 Councilmember Senjem moved, Stobaugh seconded, to table the item to the Committee -of -the -Whole Meeting. Discussion. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 494- 01 approving a Statewide Mutual Aid agreement that will authorize the City to send aid to other local governments, striking the second sentence in the third paragraph that starts "Except that..." and ends with "...local government". and clarifies that any member of the Council may give authorization to dispatch staff and equipment on an emergency basis. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. Councilmember McConnell asked why approval was needed for the Swing Street ensemble contract. Steve Schmidt, Civic Music Director, stated that the ensemble is a part of the Civic Music department and therefore, their use must occur by way of contract situation. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 495-01 approving the contract with the Grand Lodge of Minnesota, on behalf of the Swing Street jazz ensemble, for a Midwest Grand Lodge conference event on August 18, 2001. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Issuance of Revenue Bonds on Behalf of the Mayo Foundation. Mayo Foundation requested that the hearing be held on September 5, 2001, due to a revision of their project list to include additional projects eligible for such financing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 496-01 calling for a hearing on September 5, 2001, on the Proposed Issuance of Revenue Bonds on Behalf of the Mayo Foundation. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-13 to be known as Fox Hill located south of Fox Valley Drive S.E., east of the Fox Croft Subdivisions and west of the Baihly Heights and Baihly Woodlands Subdivisions. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 497-01 approving Final Plat #01-13 to be known as Fox Hill Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. E-3 A Hearing on Final Plat #01-30 by RC Properties, Inc. to be known as RC Properties Subdivision located along the south side of 7th Street N.W. and east of 111h Avenue N.W. Wishing to be heard was Roger Carlson, Applicant. Mr. Carlson was available for questions. 6212 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 Agenda Item Wishing to be heard was Steve Getter, owner of the All -State Car Wash. Mr. Gettei stated that he has a 17-foot perpetual easement from the owner of the land on the west side of his business that allows patrons to enter the car wash. He owns the land on the east side where the exit is located. He stated that Mr. Carlson plans on using the same road, and has also been granted an easement, for his traffic including truck traffic. Mr. Getter said that there is no room for two vehicles to pass on the road. No only will such a situation discourage patrons, he has vacuums located along the road, therefore, endangering the people and children that may be around them. Terry Adkins, City Attorney, indicated that this problem appeared to be a cross - easement between two individuals. He reminded the Council that the question of the easement is a private matter that they cannot deal with. The question before the Council is whether to grant the final plat. If the land is developed, site plans, grading plans and other development plans will come before the Council and they, at that time, may be able to deal with the access issue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 498-01 approving Final Plat #01-30 by RC Properties, Inc. to be known as RC Properties Subdivision with three conditions. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. E-4 A Hearing on An Amendment to General Development Plan #123, known as Southern Woods, by Southern Woods Development LLC located south of 48th Street S.W. and Southern Woods Third Addition and east of 111h Avenue S.W. Wishing to be heard was Randy Reynolds, 6791 Buckridge Court N.E., noting his agreement with the previously imposed conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Amendment to General Development Plan #123, known as Southern Woods, by Southern Woods Development LLC with the previously imposed conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Zoning District Amendment Petition #01-07 by Southern Woods Development LLC to amend land from AG to the R-1X district located south of 48th Street S.W. and Southern Woods Third Addition and east of 11th Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve Zoning District Amendment Petition #01-07 by Southern Woods Development LLC and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 d2o?/3 Agenda Item LLT E-7 11 A Hearing on Type III, Phase II Conditional Use Permit #01-22 by the City of Rochester Park and Recreation Department to for the placement of fill to replace the existing footbridge located south of 7th Street N.E., east of West Silver Lake Drive N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 499-01 approving Conditional Use Permit #01-22 by the City of Rochester Park and Recreation Department. Ayes (7), Nays (0). Motion carried. A Hearing on Utility Easement Vacation Petition #01-09 by Lee, Galuska, Ketchum, Renn, Richards, Brevig, Fox, Will, Junge, Voldal and Ritter to vacate a N.W. Bell easement located north of 2"d Street N.W. and south of 2"d Place N.W. Having no one wishing to be heard, President Hunziker closed the hearing. There was a question as to whether or not the City had the right to vacate a N.W. Bell easement. Brent Svenby, Planning Department, stated that the applicant will have to also request the same from N.W. Bell Company but the City's action will release the rights of the City. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 500- 01 approving Utility Easement Vacation Petition #01-09 by Lee, Galuska, Ketchum, Renn, Richards, Brevig, Fox, Will, Junge, Voldal and Ritter. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation #01-15 by Forbrook-Bigelow Development to annex land located south of 7th Street N.W. and west of Manor Ridge Drive N.W. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff stated that there has been some controversy with the neighborhood; they are currently working with the neighbors to solve the problem. The scheduled hearing with Planning and Zoning is continued until September. He said that some of the subcontractors have abused the property behind residential property located along Manor Ridge Drive. They plan on doing some interim grading to show the residents what it will look like prior to the hearing at Planning and Zoning. Wishing to be heard was Allen Miller, 5166 Coventry Lane N.W. He asked to see the plat of what is being annexed; he lives to the west of the property to be annexed. His concern is that every time construction occurs to the east of him, a river of mud flows to the west. He asked to see a grading plan. Since Seventh Street has been changed and curb and gutter installed, there is a drainage issue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Annexation #01-15 by Forbrook-Bigelow Development and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 Agenda Item E-9 E-10 A Hearing on Text Amendment #01-07 initiated by the City Council to Amend Section 65.510(5) of the Rochester Zoning Ordinance and Land Development Manual addressing removal of advertising signs and advertising sign credits. Wishing to be heard was Don Prow, 516 17th Avenue N.W. Mr. Prow stated that with the reducing number of billboards, he is the only local billboard owner left in the City. He noted that Rochester is growing. The staff wants to reduce the number of billboards but it is important for the businesses in Rochester as well as for the visitors; the City should think about increasing the number rather than decreasing. Mr. Prow said that Vogel Signs that were condemned because of highway purposes and the credit was given to Tri-State; he asked if he would receive credit for his signs that were condemned. Wishing to be heard was Linda English, 2416 Crystal Bay S.W., representing Tri- State Outdoor Signs. She said that under the Ordinance they can use multiple sign credits to erect a billboard. She said that the lesser number of billboards available the higher the demand and cost, which is difficult for the businesses wanting to do advertising. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Text Amendment #01-07 initiated by the City Council to Amend Section 65.510(5) of the Rochester Zoning Ordinance and Land Development Manual and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing to Obtain Public Comment on the Proposed Establishment of Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) on the 1100 Block of 1st Street N.W. and the West Side of 111h Avenue N.W. in the 10 Block. Wishing to be heard was Kyle Wurgler, 1134 First Street N.W. Mr. Wurgler stated that he lived on the south side of First Street which currently restricts parking from 6:00 to 9:00 A.M. and 3:00 to 5:00 P.M. He said the schedule works fine for the south side; the north side of the street is completely full during the day with personnel from St. Mary's Hospital. Mr. Wurgler was concerned that if the entire street is made permit parking, including the south side, parking will be taken by residents of three apartment buildings located on the block. He was not in agreement with the proposed residential parking permit area. Wishing to be heard was Chris Pierret, 18 121h Avenue N.W. He said that the entire street should become the same type of parking rather than having two different parking restrictions. The area is being used as private St. Mary's employee parking. Many of the cars are parked illegally. Currently people living in the area could move their cars to the south side of the street during the day; if there was going to be a problem caused by renters, it would already be apparent. Most of the renters don't own cars or have off-street parking. He was in favor of the permit parking for both sides of the street. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 — August 6, 2001 1 Agenda Item G-2a G-2b Wishing to be heard was Kimberly Stevens, 1143 First Street N.W. Ms. Stevens is a resident of one of the apartment complexes'. Her apartment unit has four spaces of off-street parking behind the building for the residents. The north side of the street is a first -come -first -serve basis. The Clinic supplies alternate parking for its employees so they could park elsewhere. The parking is currently illegally in resident driveways, in front of fire hydrants, there is vehicle damage to residents' cars, and trash accumulates along the boulevard. She is in favor of the residential permit parking area. Wishing to be heard was Don Prow, 1833 16 Y2 Street N.W. Mr. Prow said that he has involvement in the area since 1967. He indicated that the abusers of the parking are construction workers working at St. Mary's Hospital rather than employees of Mayo. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 501-01 approving Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) on the 1100 Block of 1st Street N.W. on the north side of the street only. Discussion. David Rossman asked if the Council would agree to allow residents located in the 10 block of 111h Avenue N.W. to participate in the Permit area. He stated that there is no parking on 11th Avenue N.W. allowed and they have only limited parking in the alley at the rear of their homes. Councilmembers Senjem moved, Stobaugh seconded, to approve a substitute motion approving Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) on the 1100 Block of 1 st Street N.W. on the north side of the street only and allow the residents on the West Side of 11th Avenue N.W. in the 10 Block to obtain the permits. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property in Section 15 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the I 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 Creating and enacting Subdivision 4 to Section 14.03, and Amending and Reenacting Section 14.21 of the Rochester Code of Ordinances, Relating to A Mayoral Declaration of Emergency, was given a first reading. G-2c An Ordinance Rezoning Certain property From the Ag 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 first reading. (South of 48th Street SW and Southern Woods Third Addition, East of 11th Avenue SW) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA lob/�O Regular Meeting No. 16 — August 6, 2001 Agenda Item G-2d G-2e G-2f G-3a G-3b D-3c An Ordinance Annexing to the City of Rochester Approximately 9.91 Acres of Land Located in the Northwest Quarter of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 7th Street NW, West of Manor Ridge Drive NW) An Ordinance Creating and Enacting Clause E to Subdivision 5 of Section 65.510 of the Rochester Code of Ordinances, Relating to the Reduction of the Cap on the Number of Advertising Signs in the City of Rochester, was given a first reading. An Ordinance Creating and Enacting Section 93.08 of the Rochester Code of Ordinances, Relating to the Granting of a Public Transportation Franchise to Arab Community Services, 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. An Ordinance Amending and Reenacting Section 64.133 of the Rochester Code of Ordinances, Relating to the Funding of Required Development Approvals, was given a second reading. Councilmembers Hanson moved, Marcoux 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 AG 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. (165 Acres of Airport Property) An Ordinance Annexing to the City of Rochester Approximately 40 Acres of Land Located in the Southwest Quarter of the Southwest Quarter of Section 13, Township106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East River Road NE, West of Highway 63) Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. P'n Wma b�/ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL , CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 Agenda Item A-1 B-1 C-1 C-2 D-1-26 D-1 D-2 D-3 D-4 D-5 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: Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None Wishing to be heard was Bart Tooker, 6526 Shady Lane N.E., regarding the establishment of a year-round skate park in Rochester. Mr. Tooker said that he has been working with a number of individuals looking into the possibility of providing for a sport that is currently not adequately provided for in the City. He noted that a non-profit corporation, Rochester Ramp Park, Inc., has been formed for the purpose of giving young people an opportunity to participate in a sport that they now have to travel to other cities to take part in. Mr. Tooker said that they have worked with the Master Plan for Young People in Olmsted County and with groups such as the Youth Services Active Team to arrive at their project initiation. They would currently be looking at donated land to build the park, hopefully in a current city park. The facility would be run as a student entrepreneurial business allowing young people to participate and to learn to run a business. Mr. Tooker said that they would like the support of the City in donation of the land and through in -kind efforts of city departments. Councilmembers noted that further discussion should be scheduled for a future Committee -of -the -Whole meeting. Councilmember Stobaugh provided an update on the progress of the abatement process on four buildings at Eastwood Village. The abatement process is continuing to proceed; he noted that there was graffiti on the buildings that confirmed that the property needs to be abated even more. Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the August 6, 2001,' Council meeting. Adopted Resolution No. 501A-01 approving an additional Plan Review Technician position in the Building and Safety Department. Adopted Resolution No. 502-01 amending the City's capitalization policy on fixed assets by increasing the minimum threshold from $1000 to $5000. Adopted Resolution No. 503-01 proceeding with the establishment of a TIF District on Phase 2 of Rose Harbor Estates to provide TIF assistance upon 21 lots for single family home development and calling for a public hearing to be held on October 1, 2001. Adopted Resolution No. 504-01 awarding the contract for the Second Street Skyway Repaint Bid to Swanson & Youngdale, Inc. at a cost of $71,500.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 Agenda Item D-6 Adopted Resolution No. 505-01 awarding the contract for Project No. J-6970 "New Passenger Loading Bridge at the Terminal Expansion at the Rochester International Airport" at a cost of $261,392.00. D-7 Approved the following licenses and miscellaneous activities: Gambling — Temporary National REGAP Network, Inc. — Raffle at Collins Feed and Seed — November 10, 2001. Church of the Resurrection — Raffle — November 3, 2001. St. Francis of Assisi Church — Raffle — October 7, 2001 (requested waiver of waiting period) ARC of Southeastern Minnesota — Raffle — October 23, 2001 Sound Amplification U.S. Amateur Ballroom Dancers Association — Peace Plaza — September 14, 2001 (requested waiver of time restriction to 9:30 PM) Rochester Area Family Y — Outdoor "Parking Lot Dance" for Middle School Students — September 15, 2001 (requested waiver of time restriction to 9:00 PM) Judy Olson — Block Party at 6th Street N.W. in Country Club Manor — September 8, 2001 (requested waiver of time period to 10:00 P.M.) Miscellaneous Street Permits Judy Olson — Block Party at 61h Street N.W. in Country Club Manor — September 8, 2001, 3:00 to 10:00 P.M. Darrell Oldendorf — Block Party at 2005 181h Street N.W. — August 25, 2001 — 4:00 to 10:00 P.M. D-8 Approved the Accounts Payable in the amount of $1,874,157.47. D-9 Accepted the donation of four digital/instant cameras for the front-line fire engines from Firefighters for Christ. D-10 Acknowledged the appointment of John Swenson, Ryan Manguson and Joseph Week to the position of Police Officer effective August 20, 2001. D-11 Adopted Resolution No. 506-01 approving the contract between the City of Rochester and Eric Straubmuller to serve as Community Band Director for the period of August 20, 2001 through August 31, 2002. D-12 Adopted Resolution No. 507-01 accepting a $50,000 grant from the National Recreational Trail program for the lighting of cross-country ski trails at Eastwood Golf Course and recognize the matching requirement; naming Dale Martinson, Finance Director, as the fiscal agent to receive all correspondence; and agreeing to maintaining and protecting this project for no less than 20 years. D-13 Adopted Resolution No. 508-01 approving the creation of an additional Sergeant position in the Police Department and eliminating the current vacant Captain position. The Sergeant position would be assigned to serve as a liaison with the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 6 219 Agenda Item D-14 D-15 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 court system and prosecutors to attempt to more efficiently schedule police officers who are called to testify at trials. Adopted Resolution No. 509-01 authorizing the Rochester Police Department Emergency Response Unit to use MnDOT properties at 505 and 507 West Frontage Road N.W. for training purposes and hold the State harmless from possible claims arising from these activities. Adopted Resolution No. 510-01 entering into a contract with Loffler Business Sytems, Inc. for the Rochester Police Department TEAC maintenance Recording System for the period of July 1, 2001, through December 31, 2001. Adopted Resolution No. 511-01 executing an Application for a $5,000,000 Transportation Revolving Loan Fund Application with the State of Minnesota Public Facilities Authority and authorizing staff to develop a Transportation Improvement District for Council review covering the TH 63 South and associated 40th Street S.E., 40th Street S.W. and 48th Street S.W. improvements. Adopted Resolution No. 512-01 approving the Professional and Technical Services Agreement between Yaggy Colby, Olmsted County, MnDOT and the City of Rochester for Final Design of the TH 63 South interchanges and improvements to 40th Street and 48th Streets. See at end of D Items. Adopted Resolution No. 513-01 executing the Development Agreement for the Home Federal Savings Bank project located West of West Circle Drive along 55th Street and 41 st Avenue N.W. Adopted Resolution No. 514-01 approving a City/Owner Contract with Prow Company and Rochester Construction Company for Project No. J-9829 "Watermain & Hydrant to Serve Civic Drive Plaza — Jack Prow Property". Adopted Resolution No. 515-01 approving a City/Owner Contract with People of Hope and Fraser Construction for Project No. J-9834 "Watermain to Serve the People of Hope Church". Adopted Resolution No. 516-01 accepting voluntary participation in the City's Regional Storm Water Management Plan for Nedzad Nukic (1619 Third Avenue S.E.). Adopted Resolution No.517-01 approving a Design Engineering Service Agreement with WHKS & Company for an amount of $9,050.00 for Project No. M1-34 (J-9795) "Sanitary Sewer and Watermain Extension to Serve the Graham property in Section 6 of Marion Township". Adopted Resolution No. 518-01 approving an Engineering Service Agreement with WHKS & Company for an amount of $24,000 for Project No. M1-30 (J-9791) FF,- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6220 Regular Adjourned Meeting No. 17 — August 20, 2001 Agenda Item D-25 D-26 "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision Area". Adopted Resolution No. 519-01 amending Section E "Passenger Loading Zones" the Comprehensive Traffic and Parking Resolution Book as follows: Amend Paragraph (93.5) 12th Avenue N.W. on the west side of the street, from 12th Street to a distance 250 feet north of 12th Street, 1 5-minute limit, from 8:00 A.M. to 4:00 P.M., School Days Only. Adopted Resolution No. 520-01 amending the Comprehensive Traffic and Parking Resolution Book as follows: Add Paragraph (11.0) to Section C "Special Parking Zones" (Zone A — General) to read: (11.0) Fifth Avenue S.W., on the west side, a distance of 50 feet more or less (2 stalls for handicapped parking) in front of the premise known as Rochester Towers, 207 Fifth Avenue S.W. Amend Paragraph (81.5) of Section E "Passenger Loading Zones" to read" (81.5) Fifth Avenue S.W. on the west side, 60 feet more or less in front of the premise known as Rochester Towers, 207 Fifth Avenue S.W. D-27 Approved the establishment of the annual compensation level for the City Administrator and Public Utility General Manager at $114,288. Without the adjustment the salaries for the City Administrator and Public Utility Director established on February 5, 2001 would exceed the limit set by the legislature. Ayes (7), Nays (0). Motion carried. E-18 Councilmember Hansen asked if left turning lanes would be included in the project on 3rd Street S.E. Doug Nelson, Public Works, noted that they will be included on 6th and 91h Street intersections. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 521-01 entering into a Professional Services Agreement with Yaggy-Colby Associates for Preliminary Design Analysis services in an amount not to exceed $20,000 for Project No. J-2245 "Design of 3rd Avenue S.E. from 4th Street S.E. to 12th Street S.E.". Ayes (7), Nays (0). Motion carried. E-1 A Hearing on Annexation #01-17 by Jim and Frances McGovern to annex land located on the northwest corner of the intersection of 371h Street and 16th Avenue N.E. Wishing to be heard was Jim McGovern, 3315 16th Avenue N.E. Mr. McGovern purchased the property four years ago, not in the City. The seller split the property; the adjoining property was to house a well but city water was available on the back of that property. His property is now surrounded by City sewer and water. He tried RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 6221 Agenda Item E-2 E-3 E-4 to obtain a permit for an addition to his home and was told that the permit would not be issued until he hooked up to the City sewer and water system. Mr. McGovern asked about the cost of the hook up due to the fact that a private developer was responsible for the sewer and water in the adjoining subdivision. He was told to work with Jim Loehr; he will be available for assistance under the City's water quality program. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Annexation #01-17 by Jim and Frances McGovern and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-32 by Floyd Larson Construction to be known as Radichel Second Replat located along the south side of Trunk Highway 14, north of Ninth Street N.W. and west of 371h Avenue N.W. Wishing to be heard was John McGuine, 1631 Northern Heights Drive N.E., Vice - President at Floyd Larson Construction. They are filing the final plat on behalf of one of their clients. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 522-0.1 approving Final Plat #01-32 by Floyd Larson Construction to be known as Radichel Second Replat with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-33 by Todd Ustby to be known as Cedar Creek Townhomes CIC 183 located along the east side of Kenosha Drive N.W., north of Monroe Drive N.W. and South of Valleyhigh Road N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 523- 01 approving Final Plat #01-33 by Todd Ustby to be known as Cedar Creek Townhomes CIC 183 with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-01 by Leslie A. L'urken to be known as North Park Eleventh Subdivision located north of North Park Second Subdivision and south of Orchard Ridge Development. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of the applicant. Mr. Masterpole was available to answer any questions and to note their agreement with the condition. Having no one further wishing to be heard, President Hunziker closed the hearing. 6222 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 Agenda Item Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 524-01 approving Final Plat #01-01 by Leslie A. Lurken to be known as North Park Eleventh Subdivision with one condition. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Type III, Phase III Restrictive Development and Incentive Development Final Plan #01-02 by Home Federal Savings Bank located along the south side of 551h Street N.W., north of West Circle Drive, and east of 41 st Avenue N.W. Wishing to be heard was Bill Meschke, TSP Engineers, 1500 Highway 52 North. He stated that in regard to the homeowner on 41 st Avenue, the S curve was changed to a straight drive. They met with the homeowner and had surveyors stake out where the driveway is to date and help position the driveway where the homeowner wanted the drive. Mr. Meschke also noted that the neighborhood association worked with on this project was beneficial and appreciated their efforts. He noted agreement with the conditions remaining; condition no. 2 was eliminated. Wishing to be heard was Dwain Jorgensen, 4315 Arbor Lane N.W., Senior Vice - President with Home Federal Savings Bank. He said that it was a pleasure to work with the neighborhood association to facilitate the drafting of the plan. Wishing to be heard was Bill Oswald, representing the Northwest Neighborhood Association. They are in full support of the Bank and have been working with the It was a combination of ideas from both sides. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 01 approving Type III, Phase III Restrictive Development and Incentive Development Final Plan #01-02 by Home Federal Savings Bank with four conditions. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 526- 01 approving and accepting the de minimis settlement agreement with the U.S. Environmental protection Agency in the PCB Treatment, Inc. case and further selection option #2 (pay $54,725.94 for a complete satisfaction of the City's liability with no reopener clause even if the actual cleanup costs exceed the current estimate). Ayes (7), Nays (0). Motion carried. G-2a An Ordinance Annexing to the City of Rochester Approximately 2 Acres of Land Located in a Part of the Southeast Quarter of the Northeast Quarter of Section 24, township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. Councilmembers Stobaugh 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 Stobaugh moved, Evai seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Northwest Corner of Intersection of 37th Street and 16th Avenue N.E.) 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL , CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 20, 2001 6223 Agenda Item G-3a G-3b An Ordinance Annexing to the City of Rochester Approximately 19.05 Acres of Land Located in the North Half of the Northwest Quarter of the Northeast Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of Emerald Hills Development, south of 48th Street NE) An Ordinance Annexing to the City of Rochester Approximately 7.87 Acres of Land Located in the Northwest Quarter of Section 22, Township 106 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. (West side of 18th Avenue SW, north of 36th Street SW) Having no further business, Councilmembers Senjem 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 6224 Regular Meeting No. 18 — September 5, 2001 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, Walter Stobaugh. Absent: David Senjem. C-1 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 527-01 referring the petition from Sherry Ekegren, 307 Chalet Drive N.W. , for sidewalk, curb and gutter at 307 Chalet Drive N.W. to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. D-1-21 Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items. D-1 I Approved the minutes of the August 20, 2001, meeting. D-2 IApproved an On -Sale Wine and 3.2 Beer License for Noodles and Company Restaurant, 3900 Marketplace Drive N.W. D-3 IApproved an On -Sale and Sunday Intoxicating Liquor License for Graf Family Investments DBA Buffalo Wild Wings Grill and Bar, 3458 55t" Street N.W. D-4 I Approved the following licenses and miscellaneous street uses: Dance O'Neill's Pizza Pub, 7 Second Street S.W. Gamblina — Temoora Ruffed Grouse Society — Raffle — September 13, 2001 (request waiver of 30-day waiting period) Hiawatha Chapter National Wild Turkey Federation — Raffle — January 26, 2002 2002 Hiawatha Chapter National Wild Turkey Federation — Raffle — March 22, American Business Association — Raffle — May 17-18, 2002 Gambling — Renewal Premise Permits Multiple Sclerosis Society — Minnesota Chapter renewing at Kings Crossing 921 Club and TJ's 63 Club Sidewalks — Cement O'Malley Construction, LeCenter Kim Portz DBA RCR Construction, Inc., Albert Lea Heating Contractor Westside Heating & Cooling, Kasson Master Installer William Mitchell, Kasson RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — September 5, 2001 6225 Agenda Item D-5 D-6 D-7 D-8 D-9 D-10 Liquor — On -sale Temporary Order of AHEPA — Octoberfest — October 12, 2001 Sound Amplification First Baptist Church — Outdoor Worship Service — September 8 & 9, 2001, 4-6 PM and 9:30 AM -Noon Ellsworth Fields — 81h Annual Block Party — September 22, 2001 — 5:00 to 11:00 PM (requested waiver of 8:00 PM time period) Rookies Sports Grill & Bar — Outdoor Music Benefit — September 16, 2001 — 3:00-10:00 PM (requested waiver of 8:00 PM time period) 1 sc Mexican Independence Day Celebration — Silver Lake Park — September 16, 2001—1:00-9:00 PM (requested waiver of 8:00 PM time period) Fireworks John Marshall High School — Home Football Games & Graduation Miscellaneous Century Council — Blood Alcohol Education — First Avenue S.W. — August 31, 2001 Mayo High School — Homecoming Parade — October 5, 2001 Ellsworth Fields — 8`h Annual Block Party — September 22, 2001 — 5:00 to 11:00 PM John Marshall High School — Homecoming Parade — September 28, 2001 Knights of Columbus — Annual Walk for Non -Public Education — October 6, 2001 See at end of D Items. Approved Accounts Payable in the amount of $2,056,143.06. Acknowledged the appointment of Officer Kent Perlich to the position of Police Sergeant effective September 1, 2001. Adopted Resolution No. 528-01 approving the Police Department application and acceptance of a grant award from the Minnesota Department of Public Safety for Racial Profiling StudyNideo Camera Grant. Accepted the donation of two vans from Clements Chevrolet for transportation of the Police Honor Guard members and equipment to their annual meeting at Camp Ripley on September 8-13, 2001. Adopted the following Public Utilities resolutions: Resolution No. 529-01 approving a contract agreement with New Mech Companies, Inc. for Cascade Creek Unit 2 — Contract 6 — Mechanical Construction in the amount of $904,700.00. F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6226 Regular Meeting No. 18 — September 5, 2001 Agenda Item Resolution No. 530-01 approving a contract agreement with Premier Electrical Corporation for Cascade Creek Unit 2 — Contract 7 — Electrical Construction in the amount of $624,000.00. Resolution No. 531-01 approving an agreement with Siemens Westinghouse for Professional Services for inspection and I&C work for Westinghouse Gas Turbine 251 B2 at a cost of $192,467.53. Resolution No. 532-01 approving an agreement with Southern States, Inc. through Electrotech, Inc. for 7 disconnect switches for the Q1 Upgrade at Chester Substation at a cost of $49,896.00 with conditions. Resolution No. 533-01approving a contract extension with Systems Management Corporation for a one-year janitorial services contract extension at a cost of $52,872.00. D-11 1 See at end of D Items. D-12 1 See at end of D Items. D-13 I See at end of D Items. D-14 Adopted Resolution No. 534-01 authorizing the execution of a Pedestrian Facilities Agreement with Daryl and Ruth Nigon, owners of the West 132.24 feet of the North 329.40 feet of the NW %, NW '/4, Section 7-106N-13W. D-15 Adopted Resolution No. 535-01 authorizing the advertising of bids for Project No. 9753 (J-6381) MSA 159-104-14 SAP 55-622-38 "Traffic Signals at Intersection of CSAH 222 and North Frontage Road TH 14". D-16 Adopted Resolution No. 536-01 awarding the contract to Doyle Connor in the amount of $72,770.02 (Alternate A) for Project No. 9207-99 (J-4365) "Reconstruction of North Plant Road for Waste Reclamation Plant. D-17 Adopted Resolution No. 537-01 approving a City/Owner Contract with Ronald Yanish and Floyd Larson Construction for Project No. J-9807 "Watermain & Hydrant to Serve Lots 3 & 4, Block 4, Radichel First Subdivision". D-18 I Adopted Resolution No. 538-01 approving the changes to the Comprehensive Parking and Traffic Resolution Book: 1. Delete Paragraph (6) of Section D "Truck Loading Zones" 2. Add Paragraph (0.85) to Section J "Passenger and Commodity Loading Zones" to read: (0.85) West Center, on the south side of the street, from Second Avenue S.W. east to the vacated alley, from 6:00 AM to 1:00 PM (15 minute limit) 1 RECORD OF OFFICIAL PROCEEDINGS OF -THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — September 5, 2001 6227 Agenda Item D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 Adopted Resolution No. 539-01 accepting voluntary participation by Daryl Nigon (Nigon Woodworks, Inc.) in the City's Regional Storm Water Management Plan. Adopted Resolution No. 540-01 approving a City/Owner Contract with the Diocese of Winona and Schroeder Leverington for Project No. J-9833 "Watermain Relocation Serving the Holy Spirit Catholic Church Property (50th Avenue N.W. and 55th Street N.W.)" Adopted Resolution No. 541-01 approving a City/Owner Contract with New ERA Development Four, LLC and Badger Excavating for Project No. J-9839 "Watermain & Hydrant to Serve Valley High Business Center II (Lot 1, Block 1, Northview First Subdivision)". I , Adopted Resolution No. 542-01 approving a City/Owner Contract with Wedgewood Pointe LLC and Fraser Construction for Project No. J-9820 "Watermain to Serve Wedgewood Pointe". Adopted Resolution No. 543-01 awarding the contract to Innovative Contractors, Inc. for Alternate B in the amount of $143,007.50 for Project No. 2-2001 (J-9831) "Sidewalk Replacement in Southwest Rochester". Adopted Resolution No. 544-01 entering into a City/Owner Contract with Big DE Development and Swenke Company, Inc. for Project No. J-9677 "Basic Construction in Bandel North First Subdivision". Adopted Resolution No. 545-01 authorizing execution of the Development Agreement for the Rose Harbor Estates Third Property with Western Walls, Inc. Adopted Resolution No. 546-01 adding Paragraph 0.75 to Section J Passenger/Commodity Loading Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (0.75) East Center Street, on the south side of the street, from a point 200 feet east of Civic Center Drive to a point 200 feet more or less, farther east (10 minute limit). Adopted Resolution No. 547-01 amending Paragraph (14.5) of Section C "Special Parking Zones (Zone A — General)" of the Comprehensive Traffic and Parking Resolution Book, to read: (14.5) 8th Avenue SE, on the east side, from 11th Street to 12th Street, School Bus Loading Only from 8:00 AM to 4:00 PM, School Days Only, with a distance of 50 feet more or less (2 stalls for handicapped parking) in front of the premise known as Lincoln at Mann School at 1122 8th Avenue SE. Adopted Resolution No. 548-01 amending Paragraph (323.5) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6228 Regular Meeting No. 18 — September 5, 2001 Agenda Item (323.5)Wellner Drive NE from Rocky Creek NE to 6th Avenue NE on both sides of the street, at all times. D-29 Approved the transfer of the On -Sale Liquor and Sunday License for Dos Amigos, Inc. DBA Dos Amigos Mexican Restaurant from Pantaleon Mata to Ruben Leo'n effective September 30, 2001. Ayes (6), Nays (0). Motion carried. D-5 Wishing to be heard was Dave McGillivary, Chairman of Springsted, Birchwood, Minnesota. He asked for the Council's approval of the General Obligation Revenue Bonds for the City. The bonds will refund the 1992 Sewer Utility bonds. The refund will save interest costs. The bonds are currently outstanding at a rate of 5.88 percent. Competitive bids taken on September 5, 2001, at the Springsted Offices showed U.S. Bancorp Piper Jaffray, Inc. for 3.7861 percent. The total savings for the City after all costs are in excess of $1 million with the present value of $840,000. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 549-01 awarding the sale of the City's $8,315,000 General Obligation Revenue Refunding Bonds, Series 2001A, to U.S. Bancorp Piper Jaffray, Inc. Ayes (6), Nays (0). Motion carried. D-11, Councilmembers Hanson moved, Stobaugh seconded, to table items D-11, D-12, 12 & and D-13 as recommended by the Public Works Department until such time that an 13 assessment agreement can be resolved between Western Walls and the City of Rochester for Project No. M1-05 (J-9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area". Ayes (6), Nays (0). Motion carried. E-1 IA Hearing To Obtain Public Comments Concerning the Proposed Charter Amendment Relating to the Rochester Public Utilities Budgeting Process. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to table to October 1, 2001, approval on the Proposed Charter Amendment Relating to the Rochester Public Utilities Budgeting Process until a full Council is present. Ayes (6), Nays (0). Motion carried. E-2 IA Hearing on the Proposed Issuance of Tax Exempt Health Care Facility Revenue Bonds in the Amount of $250,000,000 for the Mayo Foundation. Wishing to be heard was Henry Hoffman, Assistant Treasurer of the Mayo Foundation, 814 Tenth Street S.W. He thanked the City for their cooperation and support on the issuance of the bonds and was available for any questions they might have. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL , CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — September 5, 2001 6229 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution 550-01 approving the Issuance of Revenue Bonds in the Amount of $250,000,000 for the Mayo Foundation. Ayes (6), Nays (0). Motion carried. The relationship of Councilmember Stobaugh to the Mayo Foundation was noted. E-3 A Hearing on Annexation #01-18 by Rodney Younge to annex land located along West Circle Drive, south of Meadow Lakes Golf Course in Rochester Township. Wishing to be heard was Scott Stafford, 911 Paxton Road S.W.. Mr. Stafford said that he was opposing the annexation. He said that the developer had not tried to work with the township but bought the land to annex to the City and go around the township regulations. He said that the setting is rural in nature and the neighbors wish to maintain as such. Mr. Paxton referred to a notice that he had received for rezoning the property; he said that the whole' matter suggested that it was a done deal. He did not understand why City officials would allow a planned zoning to continue when the land has not yet been annexed. Mr. Stafford suggested that the item be referred to the township board of Rochester Township to work with the developer. Terry Adkins, City Attorney, stated that the Planning Department staff and Planning and Zoning Commission and the City did not initiate the annexation and rezoning but only acted on the completed applications brought before them by the developer. Wishing to be heard was Brenda Dicken, Chair of the Rochester Township Board, 821 Paxton Road S.W., adjacent to the property scheduled for annexation. She noted her opposition to the annexation. Ms. Dicken stated that the property is a strip of land between the Meadow Lakes Golf Course, Greenbriar Subdivision and Historic Hills. Currently the area is two-acre'single-family lots. To put City zoning in between the open space of the golf course and the large lots is not compatible with the adjacent land use. The proposed zoning for the property is to be R-2, which is of a higher density than currently exists. Development should be graduated from large lots to multi -family dwellings without an abrupt change as is proposed by the applicant. Ms. Dicken said that a major traffic problem would be created on West Circle Drive if the land is developed. The property will require a right -turn lane as well as an extension of the middle turn lane. Wishing to be heard was Jan Campbell, 1003 Greenbriar Road S.W. Ms. Campbell noted that she is also concerned about the density particularly when thinking about the access to the proposed R-2 area and the entire safety issue for the area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation #01-18 by Rodney Younge and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (6), Nays (0).', Motion carried. F RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF, ROCHESTER, MINNESOTA 6230 Regular Meeting No. 18 — September 5, 2001 Agenda Item E-4 A Hearing on Zoning District Amendment #01-10 by Forbrook-Bigelow Development to amend the zoning district from R-1 to R-2 on land located east of Manor Park Drive, north of 5th Street NW west of 6th Street NW and south of 7th Street NW. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon outlined the mixed use of approximately 7.5 acres of land with direct access to Seventh Street N.W. He noted that his comments might apply to the three public hearings before the Council for the zoning amendment, general development plan, and preliminary plat. The R-2 zoning district is low density residential; townhomes and other attached housing falls under the R-2 classification. Because of a change in state law, and an amendment to the City's Zoning Ordinance, attached housing must now be approved by the Council. A homeowners' association will maintain common areas. The units are for sale only. Mr. Tointon noted that Chapters 2 and 3 in the Housing Plan and Zoning Plan and pages 14 and 15 of the land use plan, mixed use type of housing is encouraged. Mr. Tointon provided examples to the Council of other R-2 or R-1x districts within existing R-1 areas. Those included: South Park 5th and 6th , Aldridge, Leisure Court, Tealstone, Stone Barn Estates, Auburn Place and others. He stated that the uses proposed are appropriate for the site and compatible for the surrounding properties. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff is one of the developers of the property and also a resident of the neighborhood. He noted that his home is in the $200,000 range and anticipates that the townhomes will be around the same price. He stated that the project is best for the neighborhood; there is more control than with single-family homes. Townhomes will be placed behind the single-family homes; landscaping will be maintained by the association. Mr. Ratzloff said that some of the neighbors have been using the extra land for their use which has not been a problem and have maintained it; however, they will not be able to continue to expand outside the lot line after the development has been completed. Mr. Ratzloff cited a reference from the 21st Century Partnership document, page 8, which stated: "The goodness of the neighborhood is not measured by the price of the structures but by the character of its residents". Wishing to be heard was Gerry Werven, 3707 Seventh Street N.W. Mr. Werven is in strong opposition to the proposed development. He said that the proposed R-2 is not adjacent to the present residential lots but surrounded by single-family homes; it exists in the middle of the R-1 district and constitutes spot zoning. The R-2 is to be used to help neighborhoods are in some type of transition. Wishing to be heard was Darren Knoepke, 4407 Sixth Street N.W. Mr. Knoepke said that when they built, they were told that the wetlands, outlot A, could not be built on. He said that the residents were told that a church would be built in the open land and that the residents all paid extra for the wooded lot. The residents are now told that the outlot can be built on. All the residents are opposed to the development of R-2 on the property. 1 Ll RECORD 'OF.OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL , CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 _ September 5, 2001 6231 Agenda Item 1 Wishing to be heard was Randy Erickson, 4435 Fifth Street N.W. Mr. Erickson handed out a two -page document describing the neighborhood and the inconsistencies of the development of R-2 in the middle of single-family housing. He suggested that perhaps the City needs to look at the area for a neighborhood park. Wishing to be heard was Robert Kostinec, 4335 Sixth Street N.W. Mr. Kostinec said that the developer bought the property in April with the knowledge that perhaps he would not be able to get a R-2 development on the property. He said that if the development proceeds, and if he moves to another location, what is to determine that the same thing won't happen in the new location. Wishing to be heard was Darren Knoepke, 4407 Sixth Street N.W. He noted that the neighborhood turned out for the neighborhood meeting on the development as well as the Planning and Zoning Commission meeting. The reason that the people did not attend the Council meeting was the feeling that there was probably no use in their attending; the development was a given. He said that the residents are not worried about the owners of the townhomes but rather there would be more people and more traffic. Wishing to be heard was Robert Kostinec, 4335 Sixth Street N.W. Mr. Kostinec said that one of the first things that he looks for when someone new moves into the neighborhood is if they have children; he wants other children for his to play with. Townhome residents necessarily do not have families. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux asked if the wetlands are still a part of the property, originally known as Outlot A. Mike Nigbur, Public Works Department, said that the project that changed 7th Street had no impact on what the property was used for or after. Phil Wheeler, Planning Department Director, said that a wetland delineation and replacement for wetlands along 7th Street N.W., adjacent to the property, was approved in 1998. Councilmember Marcoux also noted that several years ago she talked with Public Works about a 7th Street traffic study; she asked the status of that study. Doug Nelson, Public Works Department, said that their department is working on the study as well as improving 7th Street from Circle Drive going out. Councilmember Hanson responded to Mr. Ratzloff's comment that the project was best for the area. Councilmember Hanson said that Joe Bigelow was extremely proud of the development. He stated that he (Hanson) lives in a Bigelow development in southeast Rochester (South Park). Townhomes are adjacent to the development but not surrounded by single family homes like the proposed development. He said earlier they talked about the maintenance of a townhome project; however, earlier in the week he drove to the area and every homeowner is very proud of the property they own and do an excellent job of upkeep; there are always one or two that don't keep it up like the rest of the neighborhood. Councilmember Hanson said that he finds it difficult to understand, even though 6232 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — September 5, 2001 Agenda Item Mr. Ratzloff said that it is market -driven, why they would want to do that when the neighborhood that Bigelow built and is so proud of adamantly opposes the project. Councilmember Hanson said that he is really struggling with the fact, granted that it's 34 townhomes and 3 single family homes versus 29 single family homes and granted that the market is out there for townhomes, that the project would be in the middle of the development and single family homes. We did deny this in the past on a property up in the Ponderosa development; there is a precedent set for denial in previous cases. Councilmember Hanson said that spot -zoning doesn't mean much to him because he doesn't understand the concept but being more appropriate for the neighborhood is what he looks at. Councilmember Stobaugh asked about exclusive zoning and different types of houses in a neighborhood; does the Plan allow for that? Phil Wheeler, Planning Department, said that both the Housing Plan and Land Use Plan include language that encourages providing for a mix of styles in the same neighborhood. The neighbors have brought up the concern that this constitutes spot -zoning; there are two responses to that. Legislation at the State level triggering a change in the ordinance at the local level doesn't necessarily change the nature of the uses that are being accommodated. If the Legislature were to do something about churches, we necessarily wouldn't create a spot -zone every time we allowed a church in a residential neighborhood. Secondly, this is a collector street. This is a development that has comparable density and comparable trip generation. From the staff's point of view, this doesn't seem to be a potential source of harm to the neighborhood. It's consistent with the Land Use Plan and the Housing Plan and is, therefore, consistent with the Comprehensive Plan and that's why Planning staff did not view it as a spot -zone. Councilmember McConnell said that the developers, Forbrook and Bigelow, are good developers with a good consultant. How can these things be that controversial if the project is that good? Petitions can be taken with a grain of salt, you can respect them, or you can disregard them. Councilmember McConnell said that he has a great deal of respect because it is sometimes the only way that folks can be heard. He said that he was overwhelmed by the size of the petition. It all comes down to how much influence neighbors can have. I think they can have considerable influence in this neighborhood and should have. He said that he would be voting against the zone change. Councilmember Marcoux said that of the neighbors that were in attendance that she met with; she said that she had some real concerns after visiting the development and talking with them after reading about the questions and issues that were brought up. She agreed that Mr. Bigelow is a wonderful developer, he has built a lot of the homes and very nice homes, but had a concern as to how it fits with the existing area. In lieu of the neighbors concerns, she said that she would not be able to support the change. Councilmembers McConnell moved, Marcoux seconded, to deny Zoning District Amendment #01-10 by Forbrook-Bigelow Development. Discussion. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 = September 5, 2001 6233 1 Agenda Item E-5 E-6 E-7 Councilmember Stobaugh said that he was having difficulty voting against the zone change in that it's an infill development. He said that in his time with the Council, townhomes used to be in R-1, they always worked together in R-1, this one is on a collector street. He said that he shared the concerns of the neighborhood and was glad that they came to speak. Councilmember Stobaugh said that their petition he has trouble with; he sees townhomes and single family dwellings as compatible. He stated that he is concerned about the traffic on 7th Street. He felt that the Public Works Department needs to look at 7th Street and the flooding issue. Councilmember Evans stated that he agreed with Councilmember Stobaugh. He said that it might have been a better idea if Mr. Bigelow had put single-family homes in; the development may be money -driven as more townhomes can be built, that's what business is. Councilmember Evans said he understood what the neighbors were saying but did not feel that it made any difference whether they build townhomes or homes. It's all families. It's a community that will get together and in a few years, the residents will be all good friends. He stated that he didn't know why you were a bad guy if you live in a townhome or a good guy if you live in a house. It's all neighbors. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and Stobaugh voted nay. A Hearing on Amendment to General Development Plan #92, known as Manor Woods West by Forbrook-Bigelow Development to identify a cul-de-sac and residential development in the R-2 zoning district located east of Manor Park Drive north of 5u' Street NW, west of 61h Street NW and south of 7th Street NW. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street S.W. Mr. Ratzloff said that based on the denial of Zoning District Amendment #01-10 by Forbrook-Bigelow Development (E-4), he asked that General Development Plan #92 (E-5) and Preliminary Plat #01-28 (E-6) be withdrawn. A Hearing on Preliminary Plat #01-28 by Forbrook-Bigelow to be known as Manor Woods West Central Subdivision located along the south side of 7th Street NW, east of Manor Park Drive NW, and west of 6th Street NW. Withdrawn. See Item E-5. A Hearing on Preliminary Plat #01-27 by Dewitz Construction, Inc. to be known as Diamond Ridge Commercial Park located along the south side of TH14, west of 38tn Avenue NW and north of the Diamond Ridge Development. Wishing to be heard was Richard Stuve, 4315 Tenth Street N.W. Mr. Stuve noted that his property lies above the proposed preliminary plat. He asked if any more dynamiting would occur, what the development would look like when completed, if the drop-off should remain, and if the trees would remain. Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W., President of Western Walls. Mr. DeWitz said that there would be no more dynamiting. He said RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6234 Regular Meeting No. 18 — September 5, 2001 Agenda Item that the area was a steep sand pit over the past 25 years. Some steep walls would remain but that they would need to be fenced. He said that as many of the trees would be saved as possible. Mr. DeWitz noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Preliminary Plat #01-27 by Dewitz Construction, Inc. to be known as Diamond Ridge Commercial Park with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-8 A Hearing on Final Plat #00-12 by BBB Development LLC to be known as Ridgeview Manor located along the west side of 50th Avenue NW, south of 65th Street NW and north of the Weatherstone Development. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street S.W., noting agreement with the recommendations and conditions. Wishing to be heard was Dan Maidl, 6222 501h Avenue N.W. Mr. Maidl said that he did not have a problem with the plat but with the permit. He noted that the grade has been raised 30 feet and a lot of the work has been completed prior to the permit being issued this evening. Richard Freese, Public Works Director, stated that an interim -grading permit has been issued which is permissible prior to a plat being approved. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution Nos. 551-01 and 552-01 approving Final Plat #00-12 by BBB Development LLC to be known as Ridgeview Manor with three conditions and approving the Substantial Land Alteration Activity. Ayes (6), Nays (0). Motion carried. E-9 A Hearing on Final Plat #00-39 by MOG LLC and GP Development to be known as Hart Farms Subdivision located along the west side of 18th Avenue SW, north of 40th Street SW and across from 361h Avenue SW. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He noted approval of the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 553-01 approving Final Plat #00-39 by MOG LLC and GP Development to be known as Hart Farms Subdivision with six conditions and approval of the Design Modification. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — September 5, 2001 CAP 3.S Agenda Item E-10 A Hearing on Final Plat #01-34 by ABBCO Company to be known as Northern Heights North Townhomes Fourth Subdivision located adjacent to Viola Heights Drive NE, southerly of East Circle Drive and easterly of Rocky Creek Drive. Wishing to be heard was Wade Dumont, Yaggy-Colby, representing the developer. Mr. Dumont stated that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 554- 01 approving Final Plat #01-34 by ABBCO Company to be known as Northern Heights North Townhomes Fourth Subdivision with three conditions. Ayes (6), Nays (0). Motion carried. E-11 A Hearing on Final Plat #01-37 by Goodin Company to be known as Goodin Company Replat located along the north side of 19t Street NW, west of 32nd Avenue NW and east of West Circle Drive. Wishing to be heard was Gerard Milguard, President of Goodin Company, Minneapolis. He noted agreement with the four conditions recommended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 555-01 approving Final Plat #01-37 by Goodin Company to be known as Goodin Company Replat with four conditions. Ayes (6), Nays (0). Motion carried. E-12 A Hearing on Final Plat #01-38 by Western Walls, Inc. to be known as Rose Harbor Estates Third located along Sunset Avenue SE and north of 15th Street SE. Wishing to be heard was Julie Leitzen, 604 11th Avenue N.W., representing Western Walls. She noted agreement with the one condition. Wishing to be heard was Don Keulen, 3005 15th Street S.E. Mr. Keulen asked where the development was in relation to his property and what lots were to be developed. He also hoped there wouldn't be any more dynamiting. Julie Leitzen, Western Walls, said she hoped they were to,,the end of the dynamiting but because of the rock base it may be needed again. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 556- 01 approving Final Plat #01-38 by Western Walls, Inc. to be known as Rose Harbor Estates Third with one condition. Ayes (6), Nays (0). Motion carried. E-13 A Hearing on Final Plat #01-39 by THE Realty to be known as Northwest Plaza Fourth Subdivision located along the south side of 55th Street NW, west of the West Frontage Road of Highway 52. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ��3(p Regular Meeting No. 18 — September 5, 2001 Agenda Item E-14 F-1 F-2 F-3 F-4 G-2a Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 557- 01 approving Final Plat #01-39 by THE Realty to be known as Northwest Plaza Fourth Subdivision. Ayes (6), Nays (0). Motion carried. A Hearing to Consider Whether 11 Parcels of Land Annexed to the City should be included in the Rural Service District. Having no one wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 558-01 approving 11 Parcels of Land Annexed to the City included in the Rural Service District. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, McConnell seconded, to deny the bids and adopt Resolution No. 559-01 to re -advertise for bids for Project No. M1-08 (J-9753) "Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 18`h Avenue S.W.". Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 560-01 approving a Development Agreement with Gene Peters, owner/developer of Hart Farms North preliminary plat property. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 561- 01 approving a Development Agreement with MOG, LLC, owner/developer of Hart Farms North preliminary plat property. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 562-01 approving a City/Owner contract with MOG, LLC and Elcor Construction for Project No. J-9784 "Basic Construction in Hart Farms Subdivision" and Project No. M1-08 (J-9753) "Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 181h Avenue S.W.". Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 54.63 Acres of Land Located in a Part of the West Half of the Northwest Quarter of Section 4 and in a Part of the Northeast Quarter of Section 5, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (along West Circle Drive, south of Meadow Lakes Golf Course) G-2b An Ordinance Amending and Reenacting Ordinance No. 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 Marcoux moved, Evans seconded, to suspend the rules and given the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. The �J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 September 5, 2001 6237 Agenda Item G-3a G-3b G-3c le e G-3e Ordinance was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property in Section 15 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the I 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. An Ordinance Creating and enacting Subdivision 4 to Section 14.03, and Amending and Reenacting Section 14.21 of the Rochester Code of Ordinances, Relating to A Mayoral Declaration of Emergency, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain property From the Ag 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 McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 48th Street SW and Southern Woods Third Addition, East of 11th Avenue SW) An Ordinance Annexing to the City of Rochester Approximately 9.91 Acres of Land Located in the Northwest Quarter of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 71h Street NW, West of Manor Ridge Drive NW) An Ordinance Creating and Enacting Clause E to Subdivision 5 of Section 65.510 of the Rochester Code of Ordinances, Relating to the Reduction of the Cap on the Number of Advertising Signs in the City of Rochester, was given a second reading. Councilmembers Marcoux moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Marcoux moved, Stobaugh seconded to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 6238 Agenda Item A-1 B-1 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — September 17, 2001 No one wished to be heard during the Open Comment Period. President 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. Council, staff and members of the audience said the Pledge of Allegiance to the Flag. The Pledge will be said at the start of all Council meetings hereafter. A moment of silence was observed in memory of the individuals who died or were injured and the emergency workers involved due to the terrorist attack on the Wor Trade Center Twin Towers on September 11, 2001. President Hunziker also acknowledged the contribution made by Mark McGlinch, the audio-visual technician responsible for the taping of City Council meetings. Mr. McGlinch recently donated a kidney to a friend. Both are doing fine. The National Guard was to present the Rochester flag to fly over Kuwait during their recent deployment. There was no one in attendance to present the flag. Councilmembers McConnell moved, Senjem seconded, to approve the following consent agenda items. No minutes were approved. Adopted Resolution No. 563-01 setting a public hearing for October 15, 2001 to consider the establishment of Tax Increment Financing District #21-1 for 24 lots within Valley Side Estates Subdivision. D-3 I Approved the following licenses and miscellaneous activities: Gambling — Premise Permit Multiple Sclerosis Society at Rochescheers Pub & Grill Gambling — Temporary Children's Dance Theatre — Raffle — December 2, 2001 (request waiver of 30 day waiting period) Beighley Cup, Inc. — Raffle — October 19-21, 2001 Honors Choirs of SE Minnesota — November 17, 2001 On -Sale Liquor — Temporary Hiawatha Homes Foundation — Pre -Holiday Wine Tasting — October 19, 2001 Sewer & Drain License Bill Krause Excavating, Rochester 11 J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No: 19 — September 17, 2001 6239 Agenda Item D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 Sidewalk — Cement License Charles Thompson DBA Exact Concrete, Inc., Zumbrota Leonard Enterprises, Inc., Milleville Sound Amplification Gay/Lesbian Community Services of SE Minnesota — National Coming Out Night — October 11, 2001 — 4:30-6:30 PM House Moving Roger and Karen Crews Movers — 2 houses from 1848 and 1820 16'h Avenue N.W. to Dodge County — October 1-15, 2001 Miscellaneous Century High School — Homecoming Parade — October 12, 2001 Approved Accounts Payable in the amount of $1,546,532.67. Adopted Resolution No. 564-01 supporting the application for State bonding funds for the Regional Public Safety Training Facility. Adopted Resolution No. 565-01 approving the application for grant dollars from the Olmsted Safety Council to assist the Fire Department with purchase of equipment for their Scouting Explorer Post. Adopted Resolution No. 566-01 authorizing the position of Utility Maintenance Aide at Rochester Public Utilities for Todd Pyfferoen. Adopted Resolution No. 567-01 approving Orderly Annexation Petition #01-20 by Alexey Leontovich to annex land located in the NW'/ of the NW % of Section 7, Marion Township. Adopted Resolution No. 568-01 approving participation of the Rochester Police Department in a State of Minnesota Gang Strike Force grant agreement and approval of Olmsted County to act as fiscal agent for the term of the grant. Adopted Resolution No. 569-01 approving for and accepting a grant award from the Minnesota Department of Public Safety for Auto Theft Prevention Projects. Item Withdrawn by Public Works Department. Contract for Project No. 7503-20-00 (J-4941) "West Circle Drive Bike Path" to Road Constructors, Inc. in the amount of $279,463.40. Adopted Resolution No.570-01 awarding a contract to Ellingson Drainage for installation of drainage tiles at the Rochester International Airport at a cost not to exceed $50,000. 6240 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — September 17, 2001 Agenda Item D-13 D-14 E-1 E-2 Adopted Resolution No. 571-01 awarding a contract to Elcor Construction for Project No. M097 (J-9760) "Basic Construction to Serve Lots 23 through 32, Block 2 Sunnydale Subdivision" at a cost of $372,887.10. Adopted Resolution No. 572-01 authorizing a Construction Engineering Services Agreement with McGhie & Betts for Project No. M097 (J-9760) "Basic Construction to Serve Lots 23 through 32, Block 2 Sunnydale Subdivision" at a cost not to exceed $24,060. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Issuance of a $300,000 Grant from the Department of Trade & Economic Development for the PEMSTAR Expansion Project. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 573-01 approving the City of Rochester to act as legal sponsor for the PEMSTAR expansion project to apply for and receive Minnesota Department of Trade & Economic Development funds. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase III Expansion of a Nonconforming Use Permit #01-27 by Mike and Kathie Ryan to construct a garage located at 707 & 709 141h Avenue SW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Nonconforming Use Permit #01-27 by Mike and Kathie Ryan and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-3 IA Hearing For Requests for Funding for the 2002 Community Development Block Grant (CDBG) Program. The following people wished to be heard in support of their application for Block Grant funds: Aldrich Memorial Nursery School Kristin Messa, President of Aldrich Board of Directors Bear Creek Foundation Donna Garratt, Development Director, 5816 Summit Lane N.E. Austin Jorgenson, President of Board, 1028 34`h Street N.W. Julie Beck, Director of Operations, 1547 Tenth Avenue S.E. Boys & Girls Club of Rochester Tracey Pederson, Executive Director, 1433 Graham Court S.E. [1 RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — September 17, 2001 6241 Agenda Item E-4 Channel One Carla Johnson, Executive Director, 2307 Viola View Lane N.E. Child Care Resource Kristie Poppe, 313 Meadow Run Drive S.W. Beverly Johnson, 5769 65th Avenue S.E. NAMI Margie Wherritt, 1940 Third Avenue S.E. Possibilities of Southern Minnesota John Flanders, Executive Director, 2160 Haralson Lane S.W. Rochester Area Family Y Teresa Byland, 1830 Teton Lane N.E. 4th Street Boxing Gym Dan O'Connor, 109 Quarve Road S.E. Southeast Minnesota Center for Independent Living Laurie Brownell, Interim Director, 2027 24 Y2 Lane S.E. Ability Building Center Tom Murray, Board member, 1709 Lakeview Drive S.W. Community Housing Partnership Daryl Jensen, Executive Director, 2116 Campus Drive S.E. Bob Haeussingner, Housing Specialist, 2116 Campus Drive S.E. Olmsted County Housing & Redevelopment Authority Gary Lueders, Director, 2122 Campus Drive S.E. Samaritan Bethany, Inc. Mark Casperson, Executive Director,101 Seventh Street N.W. Zumbro Valley Mental Health Center Wendy Anderson, Administrative Services Manager, 27 Ninth Street N.E. Hiawatha Homes Foundation Elizabeth Koehnen, 1530 Greenview, Drive S.W., Suite 312 Having no one further wishing to be heard, President Hunziker closed the hearing. A second hearing is scheduled for October 1, 2001, at 7:00 P.M. after which the Council will approve the appropriation of the'2002 CDBG funds. A Hearing on Type III, Phase II Restrictive Development Preliminary Plan #01-26 by Weatherstone Develo9ment of Rochester located along the west side of 501h Avenue NW, south of 65 Street. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6242 Regular Adjourned Meeting No. 19 — September 17, 2001 Agenda Item Wishing to be heard was Kristi Clarke, McGhie & Betts, representing Weatherstone Development. Ms. Clarke have a short overview of the project noting that the adjoining development by Shelter Corporation has given them some problems with the grading of the development. She noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 57, 01 approving Restrictive Development Preliminary Plan #01-26 by Weatherstone Development of Rochester with four conditions and waiving the Final Plan review. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Amendment to General Development Plan #110 known as Eagle Ridge located west of Hillcrest Subdivision and the current west end of 4th Street SW located west of Highland Court SW. Wishing to be heard was Don Borcherding, 2619 Oakview Lane N.E., representing the applicant. He asked that the condition on the vehicle turn -around be eliminated saying that if it goes in, two lots will be lost to the developer. Wishing to be heard was Erica Limkeman, 2509 Fourth Street S.W. He asked the Council to leave Fourth Street closed as a dead-end road. If the road is opened to 23rd Avenue SW, it would be a very costly venture for two blocks, condemn five properties and the end result would be a very unsafe road with a steep hill and blirn intersection. Wishing to be heard was Clayton Daugherty, 2409 Fourth Street S.W. He said tha opening the street to Eagle Ridge would be a very dangerous proposition. The street opened to Aspen has already tripled the traffic. His daughter can't ride her bicycle near the front yard with such a grade. He said opening the street further would be a waste of money and a very dangerous situation especially in the winter. Wishing to be heard was Rick Lien, 2402 Fourth Street S.W. Mr. Lien said that he has lived at his address for 32 years and in that time has seen the evolution of 4th Street. He said that when the development took place on the top of the hill the suitability of 41h Street to handle the traffic was discussed at length. He could not understand that after all this time four to five houses were going to be taken, the street opened; the street will never be level. The traffic that supposedly is disrupting the Aspens' way of life is coming from the Aspens. He suggested that 4' Street be left as is. Wishing to be heard was Edward Fritz, 2503 Aspen Lane S.W., President of the Aspen Homeowners Association and represents the neighborhood. He said that in 1992 when the Wimbledon Hills Subdivision was approved, 4th Street was approve) to go through. The grade of the street has been made higher since Wimbledon Hills as gone in to accommodate some lots and sales. If 4th Street was put through with a slight grade change there would be about an 8 percent grade. The Wimbledon Hills grade off Second Street is much higher, the Highland Court grade is a 16-17 percent grade. In Highland Court, one vehicle parked on either side of RECORD OF OFFICIALPROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — September 17, 2001 6243 1 n L Agenda Item Lam: the street causes a hazard to emergency vehicles the way that the street is constructed. Wimbleton Hills is only half built and the traffic is increasing. After Planning and Zoning said that speed bumps are not an option, Mr. Fritz researched the issue to find that they have been installed in other parts of the City and are currently being installed multiple places on Fox Valley Drive S.W. which is a lesser grade. He said that the concern is that 4tn Street would be too steep; it is currently the lesser grade hill into Wimbleton Hills. If 4tn Street is extended, it would be the safest alternative to Wimbleton Hills. He asked that 4tn Street be made into a through street. Wishing to be heard was Gary Pressnall, 25110 Fourth Street S.W. Mr. Pressnall noted that he lives in the last house on the south side at the top of the hill where the street dead ends. He said that the developer (Rod Younge) put a temporary road through 4tn Street several years ago when sewer and water was being extended into Wimbleton Hills. When construction traffic came off the temporary road and came to the Highland intersection, the speed was approximately 40-45 miles per hour. With the grade, there is no way that the grade can be cut to decrease the speed. Winter is especially hazardous even with the road plowed and sanded. People at the bottom of the hill with 12-foot driveways are not going to see the traffic coming down the hill. Although the traffic has increased from the Aspens, Mr. Pressnall noted that one morning only nine cars came through, five of which were construction workers for the Eagle Ridge development. Currently S-turns plus numerous left and right turns and stop signs are neptiated to get to Second Street S.W. When the development is completed and if 4' Street is opened up, the Aspen traffic will use 4tn Street with the steep grade and dangerous intersection. Mr. Pressnall offered 20 feet of his land to allow the snow plows to turn around and pile up snow. He asked that 4tn Street be kept as a dead-end. Brent Svenby, Planning Department, noted that Criteria G under the staff recommendations would need to be changed if 4tn Street is not extended. Terry Adkins, City Attorney, said that the first paragraph which starts "Removing the 4'n Street...." would remain and the second paragraph which starts "Without the connection of 4tn Street...." would be removed. Councilmember Marcia Marcoux said that discussions with staff noted that the sign that says 4tn Street ends should be moved to Highland Court and the intersection of Highland Court and Aspens should have a stop sign installed. Having no further one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve General Development Plan #110 known as Eagle Ridge with one condition, leaving 4cn Street S.W. as a dead-end and to adopt the recommended findings of facts as amended and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Amendment to General Development Plan #155 known as Grandville at Cascade Lake located along the north side of 2"d Street, west of 23rd Avenue SW and the Shorewood Development and east of the Mayo parking lot. RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6244 Regular Adjourned Meeting No. 19 — September 17, 2001 Agenda Item Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. He said that the conditions are agreed to and some have been satisfied. The site is less intensive with 8.36 units per acre. Phasing has been changed for Phase II. The access point on Second Street is only if the Fire Department situates a fire station in the corner of the development. The retention site has been pulled further into the residential area rather than using the parkland area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve General Development Plan #155 known as Grandville at Cascade Lake with ten conditions 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 Preliminary Plat #01-31 by Southern Woods Development Corporation to be known as Southern Woods Fourth Addition located along the east side of 11th Avenue SW, south of 48th Street SW and south of Southern Wood; First and Third Additions. Wishing to be heard was Mark Welch, GGG Engineering, Chatfield, representing the developer. He noted that they are currently working with Public Works on Condition #3 for the bituminous path. Councilmember Stobaugh noted that Condition #5 should read 11th Avenue S.W. rather than 18th Avenue S.W. Terry Adkins, City Attorney, requested that Condition #3 be kept adding the sentence: "Alternatively if the developer and Public Works reach a different agreement as to the installation of pedestrian facilities, than the newer agreement will prevail". Planning Department Planner Brent Svenby suggested the following language for condition #3: that provides for pedestrian movements through the subdivision in a manner consistent with the City's intent to have a path extend along the east side of 11th Ave. SW from 48th St. SW to 60th Ave. SW. Mr. Welch agreed to the amendment to Condition #3 suggested by Mr. Svenby. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 575-01 approving Preliminary Plat #01-31 by Southern Woods Development Corporation to be known as Southern Woods Fourth Addition with five conditions, amending Condition #3 and clarifying Condition #5 to state 11th Avenue S.W. rath than 18th Avenue S.W. and instructed the City Attorney to prepare Findings of Fa( Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Marcoux moved, Evans seconded, to establish the 2002 Preliminary Property Tax Levy at $23,224,131.00 and the 2002 Preliminary Budget Amount of $120,000,000. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — September 17, 2001 6245 1 Agenda Item F-2 G-4 H-1 Several Councilmembers felt that with the troubles of one week ago (terrorist attack) and the growing needs of the City, the levy should be set at the maximum as allowed by state law to allow for flexibility. Councilmember McConnell stated that he considered the proposed amount requested an affront on the taxpayers of the City. Councilmember Senjem felt that the levy amount should be set at the recommendation of the City Administrator at $22,800,000.00. Ayes (6), Nays (2). Motion carried. Councilmembers McConnell and Senjem voted nay. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 576-01 authorizing staff to retain consultants, negotiate/acquire the needed real estate at a value not to exceed 15% appraised value and authorize the use of the 90-day Quick Take for land associated with Project No. J-9745 "Badger Run Trunk Line ". Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to remove from the table the Ordinance on Public Utility Budget and Contracts. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 15.07 and 15.09 of the Home Rule Charter of the City of Rochester, Relating to the Approval of the Rochester Public Utility Budget and Contracts, was given a first reading. Councilmembers Marcoux moved, Evans 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 McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to remove from the table the award of the bid for Project No. J-9749. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 577-01 awarding the contract for Project No. M1-05 (J-9749) "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area" to Road Constructors at a cost of $2,134,855.41. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay because of the on -going settlement lawsuit with Road Constructors. H-2 Remained on the table: Contribution Agreement with Western Walls for Project No. J-9749. H-3 Remained on the table: Construction Engineering Service Agreement with McGhie & Betts for Project No. J-9749. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6246 Regular Adjourned Meeting No. 19 — September 17, 2001 Agenda Item Having no further business, Councilmembers Stobaugh moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 6247 1 Agenda Item A-1 D-1- 22,24, 27-28, &30 D-1 D-2 D-3 D-4 D-5 Lt. Nathan Nieber from the National Guard in Rochester wished to be heard. He stated he had taken a battalion to Kuwait in January and returned in June and while there the City of Rochester flag flew with the American, State, POW and Kuwait flags. He wanted to thank the Council and the City of Rochester for their support in the past and continued support in the future of the military. The Mayor and Council thanked Lt. Nieber for the sacrifices made by our local military personnel and stated the pride in which the city holds them. 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. Council, Staff and members of the audience said the Pledge of Allegiance to the Flag. Councilmember Marcoux requested a No Parking signs on both sides of 6th St. SW from 6:00 a.m. to 9:00 a.m. to help traffic flow because of the narrow street. Dale Martinson, Finance Director, stated the bond attorney requests language referring to tax exempt covenant for Franklin Heating Station and the RPU contract. Councilmembers Hanson moved, Senjem seconded, to approve the following consent agenda items with stated additions or corrections. Approved the minutes of the September 5 and September 17, 2001, Council meetings. Adopted Resolution No. 578-01 approving a public hearing for the establishment of an Economic Development Authority to be comprised of the Rochester City Council. Adopted Resolution No. 579-01 approving the renewal of fire protection services with the Federal Medical Center. Adopted Resolution No. 580-01approving a revocable permit with Hight & Randall, Ltd. for an awning on front of the Kennedy building located at 10 Third Street S.W. Approved the following licenses and miscellaneous activities: Circus Rochester Area Shrine Club — Mayo Civic Center — November 1 to 11, 2001. Fireworks Mayo Argent Society — Mayo Civic Center — October 9, 2001 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6248 Regular Meeting No. 20 — October 1, 2001 Agenda Item Q. D-7 M: M• D-10 D-11 Gambling — Temporary Minnesota Sheriff's Association — Raffle — December 4, 2001 Rocky Mountain Elk Foundation — Raffle — February 2, 2002 Sidewalk — Cement Reedy Concrete Construction, Inc., Galesville, Wisconsin Sound Amplification Laurel Winter — 2708 57th Street N.W. — birthday party for son — September 29, 2001 — 6:00-10:00 PM (prior approvals: Hunziker, Evans, McConnell, Senjem) Gambling — Premise Permit AFL-CIO Labor Club — 11-41h St. SE- Rochester Miscellaneous Street Use Buddhist Support Society, Inc. — Kathin Festival — October 14, 2001 —1:00- 3:00 PM — John Marshal High School to 503 2"d Ave. SW Approved the transfer of the Off -Sale Intoxicating Liquor License for Barb's Northbrook Liquor, LLC, 1635 North Broadway, to Ayalew Tefferi, DJ's Northbrook Liquor LLC DBA Northbrook Liquor. Adopted Resolution No.581-01 executing the Grant Agreement for Maintenance and Operation with the Minnesota Department of Transportation Office of Aeronautics for the 2002 and 2003 years. Approved Accounts Payable in the amount of $3,568,236.98. Adopted Resolution No.582-01 executing software license agreement with LOGIS in the amount of $20,000 to the purchase of PERA software objects to interface with JD Edwards payroll software. Approved the roadway designation of name change from Aspen Lane S.W. to Aspen Place N.W. located within The Aspens described as: That segment of Asl Lane S.W. running westerly from its intersection with Highland Court S.W. to the western border of The Aspens, and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 583-01 regarding an application for and acceptance for equipment and training from the Office of National Drug Control Policy Counterdruc Technology Assessment Center for the Rochester Police Department. D-12 I Adopted the following Public Utility Resolutions: Resolution No. 584-01 approving a purchase order agreement with Border States Electric Supply for transmission conductor in the amount of $171,090.56. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 6249 Agenda Item D-13 D-14 D-15 D-16 D-17 D-18 gait'; Resolution No. 585-01 approving a purchase order agreement with D.J. Graham construction Company for renovation of the reinforced concrete water tower located at 904 4th Street S.W. at a cost of $137,400.00. Resolution No. 586-01 approving a contract agreement with Franklin Heating Station for steam sales for a 20-year period effective October 1, 2002 with variable volumes and pricing with added tax exempt language referred to by Martinson. The relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation was noted. Resolution No. 587-01approving a service agreement with Enviro-Logic, Inc. for ash disposal services at a cost not to exceed $21 per ton. Adopted Resolution No. 588-01 approving a City/Owner Contract with Waste Management of Minnesota, Inc. and Bob Braaten Construction for Project No. J- 9844 "Watermain & Hydrant to Serve the Waste Management Facility (Airport Industrial Park)". Adopted Resolution No. 589-01 approving payment for settlement of right-of-way acquisition easements for Project No. J-9745 "Badger run Sewer Project" with Mr. and Mrs. Keeler and Mr. and Mrs. Broehl. Adopted Resolution No. 590-01 approving a City/Owner Contract with Sidney Frye and Michael Hinrichs DBA Mick's Backhoe & Blacktop Service for Project No. J- 9781 "Sanitary Sewer and Watermain to Serve the Word of Life Church". Adopted Resolution No. 591 -01 approving a City/Owner Contract with BBB Development, LLC and Elcor Construction for Project No. J-9685 "Basic Construction in Ridgeview Manor'. Adopted Resolution No. 592-01accepting voluntary participation in the Regional Storm Water Management Plan by Rochester Township (Township Garage) and OMC Community Hospital (west parking expansion). Adopted Resolution No. 593-01 approving the execution of a Construction Engineering Service Agreement with Bonestroo, Rosene, Anderlik & Associates for Project No. J-4941 "Construction of West Circle Drive Bike Path" at a cost not to exceed $25,632.00. Adopted Resolution No. 594-01 awarding the contract for Project No. J-4941 "Construction of West Circle Drive Bike Path" with Road Constructors, Inc. in the amount of $279,463.40. D-20 Adopted Resolution No. 595-01authorizing the issuance of a driveway permit to Jack Prow with a total driveway width of 36.0 feet using City of Rochester standards desigyn parameters, located directly across from 4 %2 Street N.W. on the east side of 11t Avenue N.W. 6250 Agenda Item D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-23 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -,CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 Adopted Resolution No. 596-01authorizing execution of the Development Agreement for Fox Ridge Townhomes CIC 159 First Supplemental with Carriage Homes XVII, Inc. Adopted Resolution No. 597-01 awarding the contract to Nietz Electric, Inc. in the amount of $126,000.00 for Project No. 9753 (J-6381 MSA 159-104-14 SAP 55-622- 38 "Traffic Signal at Intersection of CSAH 22 and North Frontage Road TH14". See at end of D Items. Adopted Resolution No. 598-01 calling for public hearing on November 5, 2001 to consider the establishment of Residential Permit Parking zone #6 (Edison Neighborhood) on 81h Avenue SW/400 block, 101h Avenue SW/600 block, 10th Avenue SW/700 block, 7`h Street SW/900 block, and 8th Street SW/900 block. See at end of E-2 Item. See at end of E-2 Item. Adopted Resolution No. 599-01 awarding a contract to Elcor Construction for Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 181h Ave. SW. Approve appointment of Jeff Mintz to Zoning Board of Appeals See at end of D Items. Adopted Resolution No. 600-01 approving the changes to the Comprehensive Parking and Traffic Resolution Book: 1. Add Paragraph (133.6) to Section B, "No Parking Zones" so as to read: (133.6) Sixth Street S.W. on the north side from the West Frontage Road of Highway 52 west a distance of 434 feet more or less, and on the south side a distance of 365 feet, more or less, at all times. Ayes (7), Nays (0). Motion carried. Councilmember Evans wanted to express his pleasure in the move to complete this project. Councilmembers Evans moved, Hanson seconded to adopt Resolution No. 601- 01authorizing staff to retain consultants and negotiate/acquire needed real estate for Viola Road Trail project. Ayes (7), Nays (0). Motion carried. D-29 Councilmember McConnell stated his objections for the consulting fees for the DM&E. He felt the help of capable volunteers should perform the duties requested of the consultants being hired. Councilmembers Hanson moved, Senjem seconded to approve 602-01 approving a professional consulting services agreement with the Dunlap and Seeger Law firm RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20—October 1, 2001 6251 1 Agenda Item E-1 E-2 D-25 D-26 E-3 (A.M. Keith) and with John Wade relating to the D,M,&E Railroad Expansion Project and other matters as assigned by the City Administrator. Ayes (6), Nays (1). Motion carried. McConnell voting Nay. A Hearing on the 2002 Community Development Block Grant Program Requests. Wishing to be heard was Jeff Allman, 1924 SW Baihley Estates Lane, explaining his future plans for the CDBG monies. Councilmembers Evans moved, Stobaugh seconded to approve the 2002 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 to Establish Development District No. 20, adopt the Development Program and establish within the Development District Tax Increment Financing District No. 20-1. Having no wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded to adopt Resolution No. 603- 01 approving Development District No. 20 and Tax Increment Financing District #20-10 for the Rose harbor Single Family Development. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded to adopted Resolution No. 604-01approving a Development Agreement with DeWitz Construction, Inc. for the Rose Harbor Estates 2"d Tax Increment Financing Project. Approved the motion scheduling a public hearing for November 5, 2001 on an amendment to Tax Increment Financing Plan #20-1. A Hearing on Amendment to General Development Plan #92 known as Manor Woods West by Forbrook-Bigelow Development to amend approved Plan to add roadways and single family lots. Wishing to be heard was Shannon and Laurel Wolesky, 497 Manor Ridge Dr. NW. Mr. Wolesky stated that he purchased his lot (along with many neighbors) with the understanding that this property would never have homes on it, but that it would be a park or natural area needed for their development. Wishing to be heard was Harvey Ratzloff, 4402 6tn St. NW representing Forbrook- Bigelow Development. He stated he has been in contact with the neighbors and at one point there may not have been plans for this parcel but that didn't mean that it would never be developed if the opportunity became available. He stated that the developer has proposed changes for land dedications, retention of trees, larger lots and agrees to all the staff conditions. 6252 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 Agenda Item E-4 Councilmember Marcoux asked about concerns of the drainage in this area. This issue will continually be monitored with staff. Wishing to be heard was Kristi Clark of McGhie & Betts, representing the applicant explained that the GDP for Manor Woods West left the two parcels in question open for some reason in the application process. Now they are asking to amend the GDP to be able to make better use of the parcels. Wishing to be heard was John Schmid, 4907 Manor Ridge Lane NW, was concerned about drainage and storm water management. Staff stated the development would not be approved if all grading plans were agreed to in the final plat. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded to approve amendment to GDP #92, known as Manor Woods West by Forbrook-Bigelow Development with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Mr. Ratzloff was commended for his continued work with the neighborhood. Ayes (7), Nays (0). Motion carried. A Hearing on Amendment to General Development Plan #73 known as Conway- Dashow/Glendale Hills located east of Glendale Hills Third and south of Glendale Hills and Glendale Hills Second. Wishing to be heard was Kristi Clark of McGhie & Betts, representing the applicant stated agreement with all conditions and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded to approve the amendment to the GDP #73 originally approve as Conway-Dashow but developed under the name of Glendale & Glendale Hills with the four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Preliminary Plat #99-25 to be known as Glendale Hills 4th by Glendale Partners of Rochester located east of Glendale Hills Third and south of Glendale Hills and Glendale Hills Second. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded to approve the Preliminary Plat #99-25 known as Glendale Hills Fourth by Glendale Partners (Gill/Hexum) with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order and the stipulation that the developer take into consideration that Decorah edge geologic conditions may be present. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 &A53 Agenda Item E-6 A Hearing on General Development Plan #165 by R.L. Hexum and Associates, Inc., Mills Properties, Inc., David T. Bishop Trust and Roger Carlsen to be known as Main Street Development located east of TH 63, west of St. Bridget Road and south of 40th Street S.E. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded to approve the GDP #165 initially called "Main Street" Now requested to be considered in three separate parts based on future ownership. The GDP's are the R.L. Hexum & Associates Property, the Mills Property and the Carlsen Property with conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. Tom Hexum of R.L. Hexum & Associates explained the reasoning behind three separate GDP's. E-7 A Hearing on Zoning District Amendment #01-09 by R.L. Hexum and Associates to rezone land from R-1 and AG districts to M-1 and R-2 districts located west of St. Bridget Road, east of TH 63 and south of future 48th Street S.E. right-of-way. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded to approve the Zoning district Amendment #01-09 by R.L. Hexum and Associates to rezone land from R-1 and AG districts to M-1 and R-2 districts and instructing the City Attorney to prepare required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth located south of 60th Street S.W. and west of TH 63. Wishing to be heard was Kristi Clark of McGhie and Betts representing the developer. She stated they were in agreement with the conditions and could answer any question from the council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded to approve the Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe eight with the seven conditions and instructed the City Attorney to prepare Findings of Facts and Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Final Plat #01-36 by Bruce E. Fujan to be known as Roberta's Replat located at 5025 Highway 52 North. Wishing to be heard was Bruce Fujan, 7150 80th Ave. NW, Byron, MN. He stated he was in agreement with all the conditions with the exception of number six referring to total compliance of the existing office building on Lot 1. This condition was included to address that the building does not have a firewall. Building and Safety RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-10 E-11 E-12 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 requires a firewall before another building can be built on the lot line. After discussion it was determined that there was no ordinance authority to justify the imposition of Condition six. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 605-01 approving Final Plat #01-36 by Bruce Fujan to be known as Roberta's Replat with six conditions. Condition six to read as follows: Enter into a development agreement with the City that incorporates any of the items in the 5 previously listed conditions and that a driveway access will not be permitted into Lot 2 or under which conditions a modification to the driveway approach can be made. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of Badger Ridge CIC #185 located along the south side of Monroe Drive N.W. and west of Superior Drive N.W. Wishing to be heard was Bill Anderson, Yaggy Colby representing the developer. He stated they were in agreement with the conditions and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 606-01approving Final Plat #01-41 by Elcor Realty, Inc. to be known Villas of Badger Ridge CIC #185 with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision located along the north side East Circle Drive N.E. and along the east side of TH63. Wishing to be heard was Dan Berndt, 505 Marquette Building of Dunlap and Seeger representing the applicant. He stated condition three was already satisfied. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 607- 01 approving Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-40 by Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC 177 located along the west side of Kenosha Drive N.W., between Monroe Drive N.W. and River Falls Road N.W. Wishing to be heard was Bill Anderson of Yaggy Colby Associates representing the applicant. He stated they were in agreement with the conditions and was available for any questions. C' r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 6253 1 Agenda Item E-6 E-7 W E-9 A Hearing on General Development Plan #165 by R.L. Hexum and Associates, Inc., Mills Properties, Inc., David T. Bishop Trust and Roger Carlsen to be known as Main Street Development located east of TH 63, west of St. Bridget Road and south of 40th Street S.E. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded to approve the GDP #165 initially called "Main Street" Now requested to be considered in three separate parts based on future ownership. The GDP's are the R.L. Hexum & Associates Property, the Mills Property and the Carlsen Property with conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. Tom Hexum of R.L. Hexum & Associates explained the reasoning behind three separate GDP's. A Hearing on Zoning District Amendment #01-09 by R.L. Hexum and Associates to rezone land from R-1 and AG districts to M-1 and R-2 districts located west of St. Bridget Road, east of TH 63 and south of future 48`h Street S.E. right-of-way. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded to approve the Zoning district Amendment #01-09 by R.L. Hexum and Associates to rezone land from R-1 and AG districts to M-1 and R-2 districts and instructing the City Attorney to prepare required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth located south of 601h Street S.W. and west of TH 63. Wishing to be heard was Kristi Clark of McGhie and Betts representing the developer. She stated they were in agreement with the conditions and could answer any question from the council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded to approve the Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe eight with the seven conditions and instructed the City Attorney to prepare Findings of Facts and Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-36 by Bruce E. Fujan to be known as Robert's Replat located at 5025 Highway 52 North. Wishing to be heard was Bruce Fujan, 7150 801h Ave. NW, Byron, MN. He stated he was in agreement with all the conditions with the exception of number six referring to total compliance of the existing office building on Lot 1. This condition was included to address that the building does not have a firewall. Building and Safety 6254 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY -OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 Agenda Item requires a firewall before another building can be built on the lot line. After discussion it was determined that there was no ordinance authority to justify the imposition of Condition six. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 605-01 approving Final Plat #01-36 by Bruce Fujan to be known as Roberta's Replat with six conditions. Condition six to read as follows: Enter into a development agreement with the City that incorporates any of the items in the 5 previously listed conditions and that a driveway access will not be permitted into Lot 2 or under which conditions a modification to the driveway approach can be made. Ayes (7), Nays (0). Motion carried. E-10 A Hearing on Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of Badger Ridge CIC #185 located along the south side of Monroe Drive N.W. and west of Superior Drive N.W. Wishing to be heard was Bill Anderson, Yaggy Colby representing the developer. He stated they were in agreement with the conditions and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 606-01approving Final Plat #01-41 by Elcor Realty, Inc. to be known Villas of Badger Ridge CIC #185 with four conditions. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision located along the north side East Circle Drive N.E. and along the east side of TH63. Wishing to be heard was Dan Berndt, 505 Marquette Building of Dunlap and Seeger representing the applicant. He stated condition three was already satisfied. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 607- 01 approving Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Final Plat #01-40 by Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC 177 located along the west side of Kenosha Drive N.W., between Monroe Drive N.W. and River Falls Road N.W. Wishing to be heard was Bill Anderson of Yaggy Colby Associates representing the applicant. He stated they were in agreement with the conditions and was available for any questions. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 — October 1, 2001 6255 1 Agenda Item E-13 E-14 G-2a G-2b G-3a Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 608- 01 approving Final Plat #01-40 by Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC #177 with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #01-10 by Robert and Joan Nowicki to vacate the undeveloped right-of-way within Northern Hills 2"d Subdivision located south of the intersection of Northern Hills Drive N.El and Northridge Lane N.E. Wishing to be heard was Robert Nowicki, 802 Northern Hills Drive. He was present to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded to adopt Resolution No.609-01 approving Vacation Petition #01-10 by Robert and Joan Nowicki. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #99-13 !by Dan Meyer and Mary Kay Thomas to vacate a utility easement on the end of Aspen Lane S.W., east of Highland Court S.W. Steve Kvenvold, City Administrator explained there had been a criminal complaint regarding grading violation on this property. The grading was complete but there was excess mud in Mr. Delaney's yard that hadn't been removed. This has been an ongoing problem and it was felt by staff that the vacation should not be granted until the problem is solved. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded to continue the hearing on Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to October 15, 2001. 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 Aspen Lane SW, within the Aspen Plat as Aspen Place SW, was given a first reading An Ordinance Rezoning Certain Property from the R-1 District and Ag District to M- 1 and R-2 Districts, 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 St. Bridget Road, East of TH 63 and South of the future 48th St. SE Right - of -Way) An Ordinance Annexing to the City of Rochester Approximately 54.63 Acres of Land Located in a Part of the West Half of the Northwest Quarter of Section 4 and RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6256 Regular Meeting No. 20 — October 1, 2001 Agenda Item in a Part of the Northeast Quarter of Section 5, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Along West Circle Drive, south of Meadow Lakes Golf Course) Councilmembers Marcoux moved, McConnell seconded to request a public heari on October 15, 2001 to address the expiration of the probation period of Road Constructors, Inc. as a responsible and reliable bidder for purposes of the City of Rochester public contracts. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers McConnell moved, Senjem seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. Deputy City rk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6257 Agenda Item A-1 B-1 D-1-28 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 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 Senjem moved, consent agenda items. No minutes were approved. seconded, to approve the following Approved a five-year extension of the franchise with People's Cooperative Service Association, Inc. to June 2006 and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 610-01 supporting the Art Center bonding request of $2.3 million in State funding as the number two priority of the City. Adopted Resolution No. 611-01 calling for a public hearing for up to $9 million in tax exempt housing revenue bonds for the ,�Neatherstone Townhomes Phase I and $20,000,000 for Phase 2 of the project. See at end of D Items. Adopted Resolution No. 612-01 setting a hearing on November 19, 2001 to assess unpaid accounts for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Water Service and Sidewalk Repair. See at end of D Items. Approved Accounts Payable in the amount of $1,739,917.35. Accepted donations from Target Corporation ($1000.00), Home Depot ($284.94) and Mayo Employees Credit Union ($158.00) to the Rochester Fire Department for fire safety education materials, smoke detectors and batteries to be provided to senior citizens, low-income families and fire victims at no charge. Adopted Resolution No. 613-01 approving a two-year lease agreement with Randy Hart for 35 acres of tillable land at $88 �er acre per year of park property. Approved the amendment to Ordinanc fire hydrant located on or near any put line to the nearest street and measurin hydrants will be measured as having a circumference of the hydrant itself', an required ordinance for adoption. 134.10 (4) to read: "within ten feet of any street. To be measured by taking a direct ten feet in either direction. All other fire o parking zone within a ten foot instructed the City Attorney to prepare the Accepted the donation from Rochester Eagles Club #2228 in the amount of $500.00 for equipping the Police Honor Guard. RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6258 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item D-13 Adopted Resolution Nos. 614-01, 615-01, and 616-01 receiving the Feasibility Report, ordering a Project Hearing and Assessment Hearing for November 19, 2001 for Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 %2 Street S.E.". D-14 Adopted Resolution Nos. 617-01, 618-01, and 619-01receiving the Feasibility Report, ordering a Project Hearing and Assessment Hearing for November 19, 2001 for Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6th Avenue S.E. from 16 Y2 Street S.E. to end of Cul-de-sac". D-15 Adopted Resolution Nos. 620-01, 621-01, and 622-01receiving the Feasibility Report, ordering a Project Hearing and Assessment Hearing for November 19, 2001 for Project No. 6205-4-99A (J-9540) "Curb, Gutter & Overlay on 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". D-16 Adopted Resolution No. 623-01 authorizing the execution of an Engineering Professional Services Agreement with SRF Consulting to conduct a TH52/65th Street N.W. Access Study for an amount not to exceed $53,000.00. D-17 Adopted Resolution No. 624-01 authorizing the execution of a settlement agreement with Tom Brogan in an amount of $7,100.00 for 204 33`d Street S.W. for damages to the property. D-18 I Adopted Resolution No. 625-01 approving the Development Agreement for the Boulder Ridge Development with Arcon Development, Inc. D-19 I Approved initiating the annexation of the KR-6 Reservoir property located north of 19' Street N.W. D-20 Adopted Resolution No. 626-01 authorizing a public hearing to be held on November 5, 2001 to consider the establishment of Residential permit Parking Zone #6 (Edison Neighborhood) on 8th Avenue S.W./600 Block. D-21 Adopted Resolution No. 627-01 awarding the contract to Road Constructors in the amount of $156,435.50 for Project No. 6202-3-98 (J-4950) "Bituminous Bike Trail Project on 2nd Street S.W. from 23rd Avenue to West Circle Drive". D-22 Adopted Resolution No. 628-01 authorizing execution of the City/Owner Contract with MOG, LLC & GP Development and Elcor Construction for Project No. J-9784 "Basic Construction in Hart Farm Subdivision". D-23 I See at end of D Items. D-24 Adopted Resolution No. 629-01 accepting voluntary participation in the City's Regional Storm Water Management Plan by ISD #535 (John Marshall Storage Building), Culver's Restaurant, and Hawkins Investments. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6259 Agenda Item D-25 XMV D-27 D-28 D-5 Adopted Resolution No. 630-01 authorizing execution of the Engineering Services Agreement with Yaggy-Colby in an amount not to exceed $15,000 for Project No. J- 4945 "Willow Creek Bike Trail". Adopted Resolution No. 631-01 authorizing execution of the City/Owner Contract with Arcon Development and Arcon Construction for Project No. J-9845 "Basic Construction in Boulder Ridge Subdivision." Adopted Resolution No. 632-01 authorizing the sale of Lot 3, Elton Hills Business Park, to Mark Ostien for $187,600. Adopted Resolution No. 633-01 amending the Comprehensive Traffic and Parking Resolution Book by adding Paragraph (7) of Section C "Special Parking Zones" (Zone A — General) to read: (7) 5th Street S.E., on the north side, (1 stall for handicapped parking) in front of the premise known as 501 c 5th Street S.E. Ayes (7), Nays (0). Motion carried. Councilmember Hansen questioned the gambling licenses from the' Dover Firefighters Association. During the year of 2000 they gained $213,000 of which only 8 percent was expended in Rochester. He noted that the City of Duluth has an ordinance that specifies that the gambling licensee must spend 60 percent of their expenditures within the City limits. Councilmember Hansen asked City staff to look at a revision of the gambling ordinance to make sure that more dollars are put back into the City of Rochester. Terry Adkins, City Attorney, noted that the current ordinance specifies that 75 percent of the expenditures from a gambling license must be expended within the City. City staff was directed to look further into at the ordinance and its enforcement. Councilmember Hanson moved, Evans seconded, to approve the following licenses and miscellaneous activities removing the gambling licenses from the approval. Heating Contractor Alliant Heating & Air Conditioning, Eagan Plumbinq Dakota Plumbing, Eagan Sign Installation Leroy Signs, Minneapolis Sidewalk — Cement Jim Cummings Concrete, Austin 6260 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item Miscellaneous Rick Morland for Rogers & VanKamp Wedding — Horse & Buggy Ride — October 27, 2001. Downtown Business Association — Santa Claus Rescue & Carriage Rides — November 23, 2001. Mayo One Helicopter Team Pictures — Soldiers Field Memorial — November 6, 2001. Ayes (7), Nays (0). Motion carried. D-7 Terry Adkins, City Attorney, told Councilmembers that in previous years, they have taken no action to approve or disapprove the currency exchange license for pawn shops. He stated that the council refused to approve or deny the license because of its objection to the fees for services. Under State law, a city council's failure to approve or reject a currency exchange license application means the application is approved. He stated the Council may wish to again take no action and communicate that action to the State thus showing that they considered the issue. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 634- 01 taking no action on the renewal of the Currency Exchange License for Pawn America Minnesota LLC for 2002. Ayes (7), Nays (0). Motion carried. D-23 Councilmember Stobaugh asked if action on this item should be held until after the public hearing dealing with the plat. Public Works asked that the owner contract be approved at this time. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 635-01 authorizing execution of the City/Owner Contract with Carriage Homes XVII, Inc. and Heselton Construction for Project No. J-9817 "Watermain & Hydrants to Serve Fox Ridge Townhomes First CIC#159 First Supplemental (aka Fox Ridge Townhomes 2)". Ayes (5), Nays (0), Abstain (2). Motion carried. Councilmembers Marcoux and McConnell abstained. E-1 A Hearing on Final Plat #01-10 by Arcon Development to be known as Boulder Ridge located along the east side of Bandel Road NW, south of Bandel North First Subdivision. The Public Works Department requested that the item be continued until grading and drainage plans have been submitted for review and approval. Councilmembers Hanson moved, McConnell seconded, to continue Final Plat #01- 10 by Arcon Development to be known as Boulder Ridge to November 5, 2001. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on the Medical Institutional Campus Special District — Mayo Medical Center Five Year (2001-2006) Plan Update Presentation. Wishing to be heard was John Waugh, Ellerbee Becket Architects, Minneapolis. Mr. Waugh showed the sub -district boundaries of the Mayo Foundation properties 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6261 1 Agenda Item E-3 as approved in the 1991 ordinance. They have not changed to date. Mayo owns approximately 98 acres between the two sites of downtown and St. Mary's Hospital but does not include some parcels on Second Street S.W. He stated that one of the goals of Mayo is to try to decentralize those functions which are not necessary to the downtown area. Many of the warehouses, waste management and laboratories are on the perimeter of Rochester. More community clinical functions will move into the neighborhoods, particularly the northeast and southwest, similar to the northwest clinic. Parking lots will be created away from the downtown area with shuttles running to the downtown. Mr. Waugh said that Mayo currently employs approximately 25,000 people. Five years ago Mayo employed 16,000 people. He said that Mayo has tried to provide parking for at least one-half of the employees. More parking is being developed for both staff and patients. Arrangements have been made with several merchants to provide parking and these people are then shuttled to the campuses. Mr. Waugh said that potentially a number of improvements are needed between the two campuses. The pneumatic tube system between Mayo and St. Mary's is approximately 50 years old and the brass and many of the fittings are wearing. It will need to be replaced at some point. There have been discussions of tying the two power plants (Franklin Station and St. Mary's) together to share steam or chilled water. He noted that a green space plan has always been a priority. Streetscaping, corridors, and other small spaces are developed whenever possible. Mr. Waugh then said that upcoming projects will include additional parking for patients and employees, laboratory expansion, potential tunnel links, and updates within the St. Mary's campus. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 635A-01 approving the Five -Year Construction Plan for the Mayo Foundation properties within the Medical Institutional Campus Special District. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem and Stobaugh noted their relationship with the Mayo Foundation. A Hearing to Determine Whether Road Constructors, Inc. May Be Considered Responsible Bidders for Future City of Rochester Local Improvement Projects. Wishing to be heard was Jeffrey Mintz, Attorney, Wendland & Utz, representing four clients in the Fox Croft Area. In September of 2000 damage occurred to several residents' homes when sewers backed up. It was alleged that Road Constructors, among others, was responsible. Two separate events occurred that fall; the northwest corridor and the Fox Croft area. Litigation was filed with regard to some of the events. He stated, that to the best of his knowledge, Road Constructors has not resolved any of the claims. He stated that he felt that the Council should be aware of several facts that relate in the responsibility of Road Constructors as a bidder. The case has had numerous delays, most of which were at the request of Road Constructors. One example of delays in this case concerned the request from the plaintiffs for the production of all documents held by Road Constructors which related to the construction in the area of the backup r- RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6262 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item occurring around Orchard Hills South. Road Constructors produced paper and said that was everything. One of the employees (the foreman) testified that there were daily written notes and weekly -submitted work papers that had been completed on the Orchard Hills South project. We asked that the notes and work papers be submitted. Some weekly reports were produced but were not relevant to the time that the destruction occurred; none of the daily reports were produced. Mr. Mintz said that his clients are forced to pay for expensive litigation to recover damages that resulted from the devastation of their property when their basements were flooded with sanitary sewer, mud, sand and dirt. City employees and an expert retained by the City in the litigation have determined that the cause of the sanitary sewer backup was road rock materials into the sanitary sewer at the Road Constructors extension of the sanitary sewer. Mr. Mintz explained the property costs will range from $35,000 to $120,000 and attorney fees, which are not covered by the litigation, will be approximately $12,000 for each client. Mr. Mintz and his clients requested that the probationary period for Road Constructors continue. Wishing to be heard was Ken Moen, Moen Law Office, Mr. Moen said that he was disappointed that a plaintiff in lawsuit would come before the Council to apply political pressure to resolve a civil lawsuit. Mr. Moen said that he is not handling the lawsuit. He said that in civil lawsuits the amount of time that has been spent resolving this case is not out of the ordinary. He also said that the place to bring a motion for any type of discovery isn't the City Council but the District Court. He noted that there is more than enough insurance coverage available to handle the claims. Mr. Moen said that the Council needed to be aware that Road Constructors, under their term of insurance, does not control the litigation. The Cincinnati Insurance Company controls the litigation. How far they go and if they make or do not make a settlement offer, is their call. Road Constructors complied with the conditions of the City contract, adequate bonding and insurance was in place, there is a dispute about liability, there may be disputes about damages, but that runs its course. Mr. Moen said that the City Council is not to decide the course of litigation. A report was received from the Public Works Department with respect to Road Constructor's performance, and it's good. It was given with respect to city/owner contracts (good or better than anybody else), street reconstruction (satisfactory), and two questions related to the water quality control program. Mr. Moen said that if the defendants in the litigation have problems, they should take those concerns to District Court. He asked the Council to let the litigation take its course. With respect to performance of Road Constructors, they are available for any questions. Councilmembers voiced their disapproval of the litigation process and the length of time that it is taking. In asking why Road Constructors couldn't talk and reassure the homeowners, Mr. Moen said that no attorney would advise his client to talk to anyone in the midst of a lawsuit. The Council was not satisfied that Road Constructors hasn't talked with their insurance carrier putting some pressure on them to settle the claims. Councilmember Marcoux asked the Public Works Department to stipulate what some of the problems were with Road Constructors in the water quality program project and the construction of detention ponds in a timely manner. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6263 Agenda Item n IJ Doug Nelson, Public Works Department, noted that there were two water quality projects; i.e., the Marvale project which is now satisfactorily complete and the Forest Hills project which is still ongoing. Mr. Nelson said that detention ponds are an item of concern for Public Works for every development that is in progress. The Public Works Department sees the development of the detention pond as a part of the grading and drainage process; they like to see these items completed first in a development. However, he noted, that some developers are more concerned with the utilities and streets completion so that lots can be sold and built upon. Councilmember Hanson said that the City has had Road Constructors on probation for the past year. He asked what will continuing the probation period accomplish. Terry Adkins, City Attorney, said that one year ago you wanted some time to review their performance over a year's period generally, not with just the damage suffered in the summer of 2000. In regards to the litigation, that will be handled in court. The only issue that the City has is whether or not you are satisfied with the information supplied at this public hearing to determine (1) Road Constructors is a responsible and reliable bidder, (2) Road Constructor's is not a responsible bidder, or (3) to continue the probation. Wishing to be heard was Mack Hamilton, 400 South Broadway. Mr. Hamilton said that if the Council looks at the other 55 projects that Road Constructors has done in the past year, he has been involved in many of them. He noted his satisfaction with their work and very fortunate to have a responsible contractor to work with. They have gone out of their way many times to point out ways to solve a problem more efficiently. Mr. Hamilton noted that Road Constructors was the one to talk to him about the timely completion of the detention pond, the seeding process, secured bids, etc. He said that if the purpose of the hearing is to judge Road Constructors, he finds their workmanship as a contractor first-rate and asked the Council to find them so. Councilmember Hanson asked that the attorney for the plaintiff come forward to tell the Council why Road Construction should remain on probation. Wishing to be heard was Jeff Mintz, Wendland & Utz. He said that he is here because the item is on the agenda; he did not speak last year during the hearing. Mr. Sandberg last year, who spoke on behalf of Road Constructors, said that the forum for this is in the court. One of the items that you are considering is whether they are responsible bidders. They were not responsive through the litigation, things have not proceeded expeditiously, delays have been at the request of Mr. Sandberg, and document production has been piecemeal when it should have been complete. He said that while some things are in the hands of the insurance company, producing the documents was in the hands of Road Constructors. He said that how the contractor conducts himself as contractors in the community and in the way that they proceed in litigation is relevant. President Hunziker asked that the City Attorney define the word "responsive". Terry Adkins, City Attorney, said that the term is not defined. However, he noted that the Home Rule Charter says: "All contracts shall be awarded to the lowest reliable and responsible bidder complying with the foregoing requirements (referring RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6264 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item to the bid specifications) provided that the Common Council or Board may reject any bid which it may deem unreasonable or unreliable, and the Common Council or Board, in determining the reliability of the bid, shall consider the question of the responsibility of the bidder and his ability to perform his contract without any references to the responsibility of the sureties upon his bonds and any person who shall have defaulted in any contract awarded by the City or within ten years before or refuse to enter into a contract, shall not be considered a reliable and responsible bidder." He further stated that the reference to the insurance company means that it is not sufficient that when one defaults, the surety steps in and performs the obligations. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson noted that he sympathizes with the property owners but thought that the owners are getting an unsatisfactory closing with the insurance company and not with Road Constructors. He said that after a year of evaluation it seemed that they have come back with an above -average finding. He felt that because the claims were in litigation, the Council is not able to act any further and would recommend that no additional probation period be placed on Road Constructors. Councilmember McConnell agreed with Councilmember Hanson. Councilmember Marcoux said that she does not feel that there is enough information in the process to say whether Road Constructors is a reliable bidder. She noted that when everything goes well, they do a wonderful job but when there is a problem things do not work correctly. She said that she understands the legal process but the public relations part of the issue is definitely Road Constructors. She felt that they should be putting pressure on their insurance company. Ms. Marcoux also questioned the information given and received under a legal order is forthcoming and reliable. Councilmembers Marcoux moved, Stobaugh seconded, to continue the probationary period for Road Constructors for one year and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Stobaugh did not feel that Road Constructors met the definition of the word "reliability" and has real problems with the word "restore". When he thinks of restoring a road, it needs to be put back the way it was before. Roads need to be taken care of in a proper and timely manner. Councilmember Evans said that he was in favor of Road Constructors being removed from the probationary period. Insurance settlements take a long time. He did, however, encourage that Road Constructors do some public relations with the people affected by the damages. Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hanson and McConnell voted nay. 1-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6265 :1 Agenda Item E-4 E-5 E-6 A Hearing on Final Plat #01-02 by Badger Development II, LLC to be known as Badger Ridge Second Subdivision located adjacent to the westerly side of Badger Ridge Subdivision, south of Valleyhigh Road NW and west of West Circle Drive. Wishing to be heard was Mack Hamilton, Chief Manager, Badger Development. He noted their agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 636-01 approving Final Plat #01-02 by Badger Development II, LLC to be known as Badger Ridge Second Subdivision with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-43 by Curt Swedlund to be known as Bandel Business Center located along the west side of Bandel Road NW, east of Highway 52 and north of 59th Street NW. Wishing to be heard was Bob Larget, Yaggy-Colby, representing the developer. He noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 637- 01 approving on Final Plat #01-43 by Curt Swedlund to be known as Bandel Business Center with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement located west and north of Meadow Lakes Drive NW and south of 3`d Street. Wishing to be heard was Joel Larson, Carriage Homes, Stillwater, Minnesota. He asked a representative from South Eastern Engineering to comment on Condition #1. Wishing to be heard was Pam Shakal, South Eastern Engineering, Rochester. They have agreed to make the adjustments to the lots removing lots 34, 35, 50, and 64 out of the 10 foot -utility easement. Brent Svenby, Planning Department, stated that Condition #1 was a mistake on the part of the Planning Department and that condition should be removed. Wishing to be heard was Joel Larson, Carriage Homes, Stillwater, Minnesota. Mr. Larson noted their agreement with conditions #2 and 3. In reference to condition #4, he said that they are in the process of pouring the sidewalks. They will be completed prior to the November 1 deadline as weather permits. The sidewalks are a part of Phase I of Fox Ridge Townhomes, not this Phase II project. Councilmember Marcoux was concerned about Phase I construction of Fox Ridge Townhomes. She noted that she has met with neighbors about concerns like the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6266 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item sidewalk that wasn't completed and sodding that wasn't in and other items that haven't been completed. She said that some of the sodding put down was over rough rock and not with a good dirt base. Ms. Marcoux said that a number of people are concerned about the long-term maintenance, whether it would be continued or done right. She also noted that several of the homes in the Phase I project have mechanics liens on them because of contractors that were not paid. Ms. Marcoux said that these items need to be addressed before she is willing to approve another project. She also noted that grading has been started on Phase II without a grading permit. Doug Nelson, Public Works, verified that the grading has not been stopped; there is a substantial land alteration issue that needs approval for proceeding. Wishing to be heard was Joel Larson, Carriage Homes. He said that they had called the Public Works Department to inform them that they were removing the excess dirt from Phase I to place over onto the Phase II area. They indicated that there was no problem. When a call came to stop work, they immediately did so. He said that there main purpose in putting sod down, which was on a very rocky site, was to put topsoil down and sod down to stop the erosion down the hillside. They will go back and address any issues that come up with the sodding ... he said that it will be a continuing process to make sure that it is taken care of. There is one mechanics lien on the project and one bond has been pulled to take care of it. Wishing to be heard was John Pagelkopft, 5009 33`d Avenue N.W. Meadowbrook Townhomes. He noted that the lien on Meadowbrook Townhomes has been satisfied. A lien against the association for bituminous and excavating on August 20, 2000, for $23,987 by Fredrick's Construction. The association Board of Directors agreed to 70 cents on the dollar. There is no record of what was done during the time of July 1999 to May 2000 by Carriage Homes. A countersuit was filed by Fredrick's Construction on July 28 against Carriage Homes but was for July 97 to May 2000; the same amount of money but for a different period of time for excavating work on the detention pond. Why should there be two different suits, same amount of money, different period of time? Councilmember Evans asked if a fifth condition could be placed on the plat to make sure that the sodding in Phase I was corrected. Joel Larson, Carriage Homes, agreed to the condition. Councilmember Marcoux asked if another condition could be added to make sure that all mechanics liens are satisfied in Phase I. Joel Larson, Carriage Homes, said that the bond will cover the mechanics liens. Councilmember Marcoux also indicated that there were other liens in existence. Wishing to be heard was Dwight Harvey, President, Carriage Homes, Stillwater. He said that to his knowledge the only lien on the property is Fraser Construction. The lien had to do with public work that was being accomplished under the owner contract with the City and Carriage Homes. The property was reinspected last Thursday and it looks like the majority of the public work accomplished. The engineers will be petitioning the City for acceptance of the improvements. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — October 15, 2001 6267 1 Agenda Item E-7 Councilmember Marcoux noted that when Carriage Homes was finishing their previous work and before they went into the present contract, the City required them to provide bonding; this was to be the final portion of their work in Rochester. Is there something that can put in place to make sure that the first Phase is completed and that the second Phase will also be completed? Terry Adkins, City Attorney, noted that the bonding was for only the public work. There was an agreement that a bond would be posted covering all of the public work that was to have been required of the development. Ultimately, Carriage Homes defaulted and the City sued the bonding company. As a part of the settlement, there was an agreement that Carriage Homes would not do another project in Rochester after the Phase II project. Wishing to be heard was David Walter, 4412 Manor View Drive N.W. He said that his property backs up to Carriage Homes Townhomes Phase I. He said that it has been a long time since the project has started with a large amount of heavy excavating and construction. There has been a great deal of construction noises, many times into the evening, construction materials blowing into the yard, mud and dust. He hoped that if the project does go through, it is completed in a better fashion than Phase I. Mr. Walter said that he hoped that the monies set aside for parkland would be directed to the current park for improvements. He also said that there is a 10-12 foot drop-off in his back yard where there is no retaining wall. Wishing to be heard was Pam Shakal, South Eastern Engineering, Rochester. She noted that the Public Works Department was supplied with performance and payment bonds form the contractor on the second Phase of the project for completion of all excavation as a part of the development agreement. Terry Adkins, City Attorney, noted that the Council may be looking for a more comprehensive bond that just one phase of the contract. The bonds referred to would not give assurance on the completion of the previous phase. Councilmember Marcoux moved, Senjem seconded, to continue the hearing to November 5, 2001, on Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement to gather more information on the various points that have been raised. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-19 by Donald Untiedt to annex land located south of Viola Road, east of the Century Hills Development and west of Haver Hills Subdivision. Wishing to be heard was Larry Frank, Eagan, Minnesota, Park Con Development, representing Donald Untiedt. He 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 6268 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item E-8 E-9 E-10 Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #01-19 by Donald Untiedt and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-21 by Jerry Nelson to annex land located north of 65th Street N.W., along the west side of TH 52 and north of Bandel North 1 Subdivision, along the east side of TH 52. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. Mr. Masterpole was available for any questions. Councilmember McConnell noted that there is a cemetery included in the development. He asked what care will be taken with the property. Councilmember McConnell also asked why such a large piece of property is being annexed; why not do it in smaller sections. Richard Freese, Public Works Director, said that the cemetery is located along TH52. The cemetery is not a part of the annexed portion of lands. Phil Wheeler, Director of Planning and Zoning, told Councilmember McConnell that the Council will not look at the general development plan for the property all at once. The property will come in as R-1 and will protect the City's growth in a smart way. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Marcoux seconded, to approve Annexation Petition #01-21 by Jerry Nelson. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #01-12 by Lynn Sobeck to vacate a five-foot utility easement located at 502 241h Street S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 638-01 approving Vacation Petition #01-12 by Lynn Sobeck. Ayes (7), Nays (0). Motion carried. Continued Hearing on Vacation #99-13 by Dan Meyer and Mary Kay Thomas to vacate a ten -foot utility easement along the common lines of Lots 14 and 15, Block 2, The Aspens. Terry Spaeth, Administration, noted that the condition that was recommended by the Public Works Department should be removed. Terry Adkins, City Attorney, stated that a condition unrelated to the right-of-way cannot be imposed in any way on the vacation. The only matter before the Council is the vacation of the utility easement. 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. 21 —October 15, 2001 6269 1 Agenda Item E-11 E-12 F-1 F-2 G-2a G-2b G-2c G-2d Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 639-01 approving Vacation #99-13 by Dan Meyer and Mary Kay Thomas. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Establishment a Rochester Economic Development Authority (EDA). Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 640-01 approving the Rochester Economic Development Authority (EDA). Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Establishment of a Tax Increment Financing District #21- 1 for 24 Lots Within Valley Side Estates Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 641-01 approving Development District #21 and Tax Increment Financing District Plan #21- 1 for the Valley Side Estates Single Family Housing Project. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 642-01 approving the Execution of an amended and Restated Development Assistance Agreement with Lumber One, Avon. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 643-01 approving the Development Assistance Agreement with Lumber One, Avon Inc. for the Valley Side Estates Tax Increment Financing Project. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 98.02 of the Rochester Code of Ordinances, Relating to the Electric Utility Franchise, was given a first reading. An Ordinance Amending and Reenacting Section 134.10 of the Rochester Code of Ordinances, Relating to Prohibited Parking, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 58.05 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South of Viola Road, East of Century Hills, West of Haver Hills Subdivision) An Ordinance Annexing to the City of Rochester Approximately 198.21 Acres of Land Legally Described as a Part of the South Half of Section 4 and a Part of the Southwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6270 Regular Adjourned Meeting No. 21 — October 15, 2001 Agenda Item 1-1 1-2 County, Minnesota, was given a first reading. (North of 65`h Street N.W. along W Side of Highway 52; North of Bandel North First Subdivision along East Side of Highway 52) Terry Adkins, City Attorney, noted that the Minnesota Court of Appeals has reached a decision in West Circle Properties vs the County of Olmsted. The case involved developers who attempted to have a plat approved and recorded by a township; the County Recorder informed the developer that the plat did not fulfill County obligations and they would not record the plat. The District Court agreed with that position. The City intervened and is a part of the lawsuit. The Court of Appeals decision will be made public on Tuesday, October 16, 2001. Councilmember Marcoux asked that the City draft an ordinance that, when a contractor is found negligent (by a court) for damages while working under a City/Owner Contract, would be required to pay the attorney fees of the property owners named within the suit. Until such time that the fees would be paid, the City would no longer consider them a responsible bidder. There was a consensus by Councilmembers to ask for the preparation of the ordinance for their consideration. Having no further business, Councilmembers Hanson moved, Senjem seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. �X' �� i � � RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 6271 Agenda Item A-1 B-1 C-1 D-1-32 D-1 D-2 D-3 D-4 D-5 D-6 Wishing to be heard during the Open Comment Period was Selam Alem, Rochester. Ms. Alem voiced her concerns to the Council about the possibility of facing homelessness, landlord/tenant problems in the City, and concerns over the recent terrorist attack on September 11, 2001. 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 Senjem moved, Stobaugh seconded, to adopt Resolution No. 644-01 referring the petition for extension of sanitary sewer to Sections 8 and 9 of Marion Township (Thein property and estate) to the Public Works Department for a feasibility report. Councilmembers Evans moved, Hanson seconded, to approve the following consent agenda items. Approved the minutes of the October 1 and 15, 2001, Council meetings. Approved the appointment of Jackie Brown to the Rochester Civic Music Board running to December 2003. See at end of D Items. Adopted Resolution No.645-01 approving the settlement agreement in the case entitled Kenneth Middendorf v. City of Rochester and authorizing execution of the agreement. Approved the amendment to the Code of Ordinances relating to the imposition of criminal fines to increase the fines to an amount consistent with state law and directed the City Attorney to prepare the required Ordinance for adoption. Approved the following miscellaneous activities and licenses: Fireworks Lori Line Music — Mayo Civic Center — December 23, 2001 Gambling — Premise Permit Dover Firefighters Relief Association at Rochescheer Country Pub, Aviary Restaurant, Crown Restaurant & Lounge, Wright Stuff Restaurant, Comfort Inn & Conference Center, Riptide Bar & Grill, Rookies Sports Grill & Bar, William T. McCoy Post #92 Gambling — Temporary Rochester Area Disabled Athletics & Recreation —Raffle - Mayo Civic Center — January 20, 2002 Rochester Area Disabled Athletics & Recreation — Raffle -RADAR Office — February 23, 2002 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6272 Regular Meeting No. 22 — November 5, 2001 Agenda Item Rochester area Builders, Inc. — Raffle — Mayo Civic Center — February 3, 2002 Rochester Figure Skating Club — Raffle — January 21, 2002 Children's Place Nursery School — Raffle — December 8-10, 2001 Rochester Area Family Y — Raffle — Radisson Plaza Hotel - December 31, 2001 Master Installer Craig Brogan, Rochester Sewer & Drain Bill Kraus, Rochester Sound Amplification Permit Veterans Day Celebration — Soldiers Field Memorial — November 11, 2001 9:00 AM-1:00 PM Miscellaneous Activities Minnesota Bible College — Live Drive Through Nativity — November 30- December 1, 2001 Veterans Day Celebration — Soldiers Field Memorial — November 11, 2001 9:00 AM-1:00 PM D-7 I Approved Accounts Payable in the amount of $4,524,107.84. D-8 Adopted Resolution No. 646-01 entering into a professional agreement with Smith Schafer & Associates for a complete GASB 34 assessment of financial reporting in the year-end 2002 statement. D-9 Adopted Resolution No. 647-01 accepting the terms of the loan offered by Minnesota Public Facilities Authority and issuing the $2.5 million GO Sales Tax Revenue Note Pledge of 2001. D-10 Approved amendment to RCO 101 A.18 and 106A.21 pertaining to dangerous and potential dangerous dogs to be consistent with state law and instructed the City Attorney to prepare the required ordinance amendment for approval. D-11 1 Approved the following Public Utility resolutions: Resolution No. 648-01 approving a purchase order with NGK-Locke, Inc. for insulators in the amount of $85,520.00. Resolution No. 649-01 approving a purchase order with Thomas & Betts/Energy product Sales for steel transmission structures at a cost of $105,074.00. Resolution No. 650-01 approving a contract with L.E. Myers Company for the 161kV Q1/Q2 Transmission Line Construction I the amount of $683,346.81. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 6273 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 Resolution No. 651-01 approving an agreement with Alstrom USA, Inc. for circuit breakers in the amount of $109,780.00. Resolution No. 652-01 approving an agreement with Border States Electric/Cooper Power Systems for transformers in the amount of $33,912.00. Resolution No. 653-01 approving an amendment to the engineering services agreement with Burns and McDonnell for $498,000.00 with the total amount of the contract not exceeding $1,698,000.00. Resolution No. 654-01 approving a contract agreement with Ulteig Engineers, Inc. for additional engineering services in an amount of $493,000.00 Adopted Resolution No. 655-01 approving purchase of sanitary sewer flow monitoring Equipment from Marsh-McBirney, Inc. for $58,072.00. Adopted Resolution No. 656-01 authorizing the execution of a Professional Services Agreement with McGhie & Betts, Inc. for Project No. J-9868 "Rose Harbor Regional Stormwater Pond" in an amount not to exceed $15,000.00. Adopted Resolution No. 657-01 deleting Paragraph (5) of Section M "Neighborhood Traffic and Parking Control' of the Comprehensive Traffic and Parking Resolution Book, with reads: (5) 261h Street N.E. East of Viola Heights Drive N.E., an eastbound Semi-diverter. Adopted Resolution No. 658-01 adding Paragraph (320) to Chapter B "No Parking" of the Comprehensive Traffic and Parking Resolution Book, with reads: (320) Technology Drive N.W. on the south side from Valleyhigh Drive N.W. to CSAH 22 (West Circle Drive), at all time. See at end of D Items. Adopted Resolution No. 659-01 adding Paragraph (19) to Section D "Truck Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, with reads: (19) Third Avenue S.W., on the east side of the street, from 2"d Street S.W. south a distance of 40 feet more or less, a staging area for the Mayo and Gonda Building, from 6:00 AM to 4:00 PM, Monday - Friday. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6274 Regular Meeting No. 22 — November 5, 2001 Agenda Item D-18 Adopted Resolution No. 660-01 authorizing staff to take the necessary steps for land acquisition with the Section 7 Stormwater facilities project and to execute a Professional Services Agreement with Bonestroo for the design of the storm water facilities. D-19 I Adopted Resolution No. 661-01 executing a settlement agreement with Mr. Freetly for land needed for the Project No. J-9748 "Forest Hills Sewer Project". D-20 Adopted Resolution No. 662-01 authorizing approval for payment to Mr. and Mrs. Kerwin and Mr. and Mrs. Granrud for land acquisition for Project No. J-9718 "50th Avenue N.W.". D-21 Adopted Resolution No. 663-01 authorizing approval for payment to Mrs. and Mrs. Shanahan and Mrs. Ramanauskas for needed easements for Project No. J-9745 "Right of Way Acquisition for the Badger Run Sewer Project". D-22 I Adopted Resolution No. 664-01 approving the Development Agreement with C & S Enterprises, Inc. for the Bandel Business Center. D-23 I See at end of D Items. D-24 Adopted Resolution No. 665-01 approving the City/Owner Contract with The Prow Company and Road Constructors, Inc. for Project No. J-9829 "Watermain and Hydrant to Serve Civic Drive Plaza — Jack Prow Property". D-25 Adopted Resolution No. 666-01 authorizing the City Clerk to advertise for bids for the demolition of four 8-Plex Buildings in Eastwood Village at 1950, 2024, 2032, and 2048 8 Y2 Street S.E., Project No. J-2068. D-26 I Adopted Resolution No. 667-01 accepting voluntary participation by Elmcroft Subdivision in the City's Regional Storm Water Management Plan. D-27 Adopted Resolution No. 668-01 approving the City/Owner Contract with GAC Theatres, LLC and Rochester Sand & Gravel for Project No. J-9809 "Basic Construction to Serve the 37th Street Theatres/Skopko North Site". D-28 Adopted Resolution No.669-01 approving the City/Owner Contract with Badger Development II, LLC and Road Constructors, Inc. for Project No. J-9779 "Basic Construction in Badger Ridge Second Subdivision". D-29 Adopted Resolution No. 670-01 approving the execution of the Contribution Agreement for the Brad & Lori Thatcher Property (Lots 1, 2, and 3, Block 1, Forest Hills 5th Subdivision). D-30 Adopted Resolution No. 671-01 approving a contract with First Transit for bus procurement services over a five-year period. D-31 I Adopted Resolution No. 672-01 authorizing the advertising for bids for the 2001 Digester Gas and Heating Water Improvements for the Water Reclamation Plant. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 Cod 75 1 Agenda Item D-32 D-3 D-16 D-23 Adopted Resolution No. 673-01 approving the Orderly Annexation Agreement with Marion Township for the Chester Heights Area. Ayes (7), Nays (0). Motion carried. Approved the Findings of Fact, Conclusions of Law, and Order related to Road Constructors, Inc. status as a responsible and reliable bidder for future contracts. Councilmember Hanson said he felt strongly that Road Constructors was on probation for one year, they satisfied the probation; he observed many of their jobs in the last week and found that the work was very well done. Councilmember Hanson moved, McConnell seconded, to modify the order to terminate the probationary period effective immediately. Upon roll call vote Councilmembers Evans, Hanson, McConnell voted aye, Councilmembers Marcoux, Senjem, Stobaugh, and President Hunziker voted nay. Ayes (3), Nays (4). Motion failed. Councilmember Senjem offered an amendment to the Findings: "Since the date of the previous imposition of probation status on Road Constructors, Inc., Small Claims Court judgments have been awarded yet Road Constructors, Inc. or the insurer have failed to settle financially with the affected property owners". Councilmember Senjem moved, Marcoux seconded, to approve the Findings of Fact, Conclusions of Law, and Order extending the probationary period for Road Constructors, Inc. with the proposed language of the proposed amendment included in the Findings of Fact. Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hanson and McConnell voted nay. Councilmember Senjem said that he could support diagonal parking on the west side of Central Park. However, he could not support parking on the west side of 1st Avenue N.W. During the morning rush hour it is not feasible to restrict parking from two lanes down to one lane, particularly with people making left turns into the Methodist Hospital parking ramp. David Rossman, Traffic Engineer, stated that there were no comments in opposition from the Mayo Clinic staff on the recommendation. Councilmember Senjem moved, Hanson seconded, to Adopt Resolution No. 674- 01 amending Paragraph (11) of Section A "Angle Parking" to read: (11) Second Avenue N.W., on the east side from Second to Third Street. Ayes (7), Nays (0). Motion carried. Councilmember Senjem said that the Council had previously discussed setting a 3( MPH speed limit on 41st Street from the 626 Building to West Circle Drive. He was concerned that if MnDOT sets the speed limit of 40 MPH now, how will it be possible to reduce the speed back to 30 MPH when the area in -fills. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA (0�7� Regular Meeting No. 22 — November 5, 2001 Agenda Item E-1 E-2 Richard Freese, Public Works Director, recommended that the Council establish an interim speed limit of 40 MPH and that the signs be changed to reflect the interim speed. He also recommended that MnDOT be requested to do a speed study to determine what the new official speed limit posting shall be. MnDOT considers the speed limit to be 55 MPH until an official speed study is completed. Posting an interim speed of 40 MPH may keep speeds down. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 675-01 requesting MnDot to conduct a review of the existing speed zone on 41st Street N.W. from TH52 to CSAH 22 and establish an interim speed of 40th MPH for the zone. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #01-10 by Arcon Development to be known as Boulder Ridge located along the east side of Bandel Road NW, south of Bandel North First Subdivision. Wishing to be heard was Christy Clark, McGhie & Betts, representing Arcon Development. She noted that the previous delay had been with the owner contract which has now been resolved. Ms. Clark said that they were in agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 675A-01 approving Final Plat #01-10 by Arcon Development to be known as Boulder Ridge. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement located west and north of Meadow Lakes Drive NW and south of 3`d Street NW. Wishing to be heard was Mary Wilson, 4450 Meadow Lakes Drive N.W. Ms. Wilson noted that she moved into her home in August 2000. She and her neighbors have many concerns about their properties; i.e., sodding put over rock, shingles and other materials with no black dirt put down prior to the sodding; shrubs have died and not all replaced; sidewalks (public) are heaving, washing out, and sinking; garage aprons are pealing and cracking as well as the concrete inside the garage itself; windows leak; screen tabs broke immediately; foundations have settled and in some cases cracked; there are liens on some of the homes; subcontractors have not been paid. Wishing to be heard was Pam Shakal, South Eastern Engineering. She noted that they are in agreement with the two conditions. The City is also requiring that the haul roads be cleaned each day which will be done. She said that the grading would take 30 working days rather than 30 calendar days as stated in the Suggested Findings. Ms. Shakal responded to a question from Councilmember Marcoux on the sidewalk below the development saying that the sidewalk was a part of the first phase and South Eastern Engineering was not involved with that u RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 6277 Agenda Item project. Ms. Shakal also noted that the mitigation report from the contractor has not been submitted by the contractor to date. Wishing to be heard was Joel Larson, Carriage Homes, Stillwater. Mr. Larson spoke to the sidewalk question previously raised by Councilmember Marcoux. He said that M & M Properties asked Carriage Homes to finish a portion of the sidewalk. There is a signed agreement with them. The City will need to approve the sidewalk and the contractor will then be paid within 30 days. He noted that the sodding is currently being worked on as well as the irrigation that will need to be adjusted. Councilmember Marcoux asked Mr. Larson about the washed-out sidewalks, foundations, and mechanics' liens. Mr. Larson said that the sidewalks have been fixed or replaced; they have been inspected by the City. In regard to the liens, there is one with Fraser Construction who did not complete the work. Money is currently set aside in an escrow account to pay them when the work is completed. He further added that the punch list items have been completed and the City will need to inspect the work. He said that there are escrows with the title company that will assure that the work will be completed. Wishing to be heard was Pam Shakal, South Eastern Engineering. Ms. Shakal said that a bond was provided with the development agreement to cover the excavation. of the property and the contractor has provided them a bond for 100 percent of the cost of public improvements related to underground utility work, but does not include the building construction. Mike Nigbur, Public Works Department, noted the owner -contract bond covers only the public portions of the project and not any of the other homeowner concerns. He also noted that there is no bond to cover the grading activities. Wishing to be heard was Darla Olson, 4417 Meadow Lakes Drive N.W. She said that she did hold back some escrow, part of which has been released. The escrow balance has not been released because of the on -going concerns; i.e. sodding not graded correctly causing water to sit in the lawn. She was also told by Carriage Homes to not use her deck because the grading was bad causing a sinkhole; presently the main support of the deck is nailed to the footing. She noted that two shrubs have not been replaced. The blacktop driveway had to be regarded; the driveway approach had to be reblacktopped. The garage slab is starting to break up. The patio slab in the back is cracked across it. The basement floor and workroom floor has cracked. Water spigot is unworkable. The streets have never been cleaned in between their work. At the time Ms. Olson purchased her home, she was unaware that another phase was to be built. The owners were told that at the time that the units were 75 percent occupied, they would be able to have their own homeowners' association. That has yet to happen as they are now told that the phase II project has to be completed and at least 75 percent occupied before they can have their own association. They have been paying association dues but have no voting privileges. Bylaws were not provided until after the closing of her home. Contractors will not finish work because they say that Carriage Homes owes them money; Carriage Homes says that the contractors have not finished the work and that is why they have not been paid. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 62 7 8 Regular Meeting No. 22 — November 5, 2001 Agenda Item Wishing to be heard was John Pagelkopf, 5009 33`d Avenue N.W. , resident of the Meadow Brook Town Association. Mr. Pagelkopf was speaking on his own behalf and not as a member of the Board of Directors. He noted that he reviewed the tape of the meeting of October 15, 2001. He said that when Mr. Larson gave his opinion on the conditions, number 2 was $34,300 which was cash in lieu of parkland in phase II of Fox Ridge. Mr. Pagelkopf said that when he questioned Mr. Larson and Mr. Harvey on why there was the $34,300 available, but the $22,000+ was not available to pay Friedrichs Construction on the mechanics' lien. Mr. McConnell asked Mr. Larson "did this affect any of the residents", the answer was "I don't know, I have no knowledge". Mr. Pagelkopf said that it did affect the residents. Each resident was assessed $125.71 because they are under a common interest community; others were assessed $180.00+ prior to the settlement and some had difficultly in selling their properties because of the liens. Mr. Harvey later said that the $22,000+ was to pay for the excavation of the retention ponds by Friedrichs Construction. The retention ponds are owned by Carriage Homes as an outlot. The lien was for common areas in the Meadow Brooks Townhome area. Why was the mechanics' lien forced upon the association? The Council was given verbal assurance that things would be done for Fox Ridge; testimony has shown that it has not been done there, or at Meadow Brook or the Slopes, and even the City had to sue Carriage Homes. There is now not enough money to complete the sprinkler system or to repair some of the road that are bad. Wishing to be heard was William Keehn, 3735 Willow Heights Drive S.W., a general contractor in Rochester. He addressed the issue of allowing Carriage Homes to begin construction on their phase II project. He was their project coordinator from May 1996 to January 1998 at which time he resigned due to lack of payment. From January 1998 to present he has spent in excess of $40,000 in legal fees; a judgment was awarded against Carriage Homes in the amount of $189,000+. As of this date, no payment has been received from Carriage Homes. Mr. Keehn said that he felt that Carriage Homes should satisfy all outstanding judgments with the other projects they have incurred in Rochester; they should not be allowed to start another project until all have been resolved. Wishing to be heard was David Walter, 4412 Manor View Drive N.W. He spoke at the last meeting telling the Council that there was a ten -foot drop at the back of his property line. He noted that his property on the western side has about 10-15 feet of land space; a drop. He wanted to know if anyone from the City has had an opportunity to look at the problem. Doug Nelson, Public Works Department, said that Department staff visited Mr. Walter's property and took pictures on October 16, 2001. The pictures show a considerable drop-off in the rear of the property that is inconsistent with the grading plan and is not acceptable to the City. David Goslee, Deputy City Attorney, reminded the Council that they can only consider the criteria that applies to the approval items on the agenda this evening. The Council needs to consider whether the plat for this land is appropriate, rather than who is the developer. He said that there is no authority to withhold an approval on a plat or substantial land alteration permit on the basis of outstanding C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 6279 L Agenda Item E-3 E-4 liens on another project; denial cannot be based on past work. The Council may require that Carriage Homes provide separate surety to guarantee that the site is restored and all other conditions be fulfilled prior to approval. Councilmembers Marcoux moved, Senjem seconded, to continue Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement to November 19, 2001. Ayes (7), Nays (0). Motion carried. Councilmembers were in agreement to visit the Carriage Homes site on November 19, 2001 at 3:00 P.M. A Hearing on Restricted Development Conditional Use Permit #98-05 located south of 40th Street S.W., west of TH 63 and east of 11th Avenue S.W. Wishing to be heard was John Arnold, President of SJC Properties, 515 Marquette Bank Building. Mr. Arnold noted that he was not present to speak either in favor or against the restricted development permit. Mr. Arnold is the President of the land ownership for the adjoining property. He has made an application for a permanent access off 401h Avenue S.W. According to Mr. Arnold it is the only place for access. He said that he has received a letter from Public Works noting that the permit for a permanent access is under consideration and they will continue to honor the temporary access until a decision is made. Wishing to be heard was Jonathan Allan, 709 37th Street S.W. Mr. Allan noted that as a homeowner in the area, he was happy to see the that the bituminous plant permit will not be continued. In answer to his question, he was told that if another application for a bituminous plant permit was applied for, another public hearing would be held on the application. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to prepare Findings of Fact, Conclusions of Law, and Order on the basis that there is no reason to extend Restricted Development Conditional Use Permit #98-05 as the applicant has requested no extension. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I, Appeal #01-02 of the Rochester Zoning Board of Appeals denial to create a parcel through the Meets and Bounds Subdivision located at 218 Cheval Lane N.E. Wishing to be heard was Sharon Zitzmann, 218 Cheval Lane N.E. Ms. Zitzmann said that in the summer of 2000 sewer and water service was provided to the Riverview Subdivision. The subdivision consists of three homes developed about four years ago in Cascade Township. The City annexed the property approximately ten years ago. At the time of connection to sewer and water, connections were also made in the rear of the lots for future connection with the idea that the City would collect the assessments when the lots were developed and the homes built. The entrance into the lot behind their home is off of Cheval Lane via a shared driveway which has been graveled and will be blacktopped within two years. Each RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6280 Regular Meeting No. 22 — November 5, 2001 Agenda Item additional house will maintain Cheval Lane, a private road. Because of a delay in completing a property survey, they were unable to submit to Planning and Zoning the same time as the other two neighbors for dividing the property into additional lots. She received a letter from Planning and Zoning that only one flag lot without frontage could be allowed within the subdivision. Mr. Zitzmann contact Theresa Fogarty, Planning Department, who directed her to go before the Zoning Board of Appeals. The Board suggested that perhaps a plat should be done. The City Attorney told Ms. Zitzmann that there were three options: 1) a variance, 2) create their own subdivision of just their own lot, 3) present the case before the Council and ask that the ordinance be amended. The City Attorney suggested that they apply for the variance, which they did. Phil Wheeler, Planning Department, said that in the proposed 551h Street Special District, a special district will allow flag lots for each lot. He said that the ordinance ordinarily limits flag lots in a subdivision at the greater of 1 lot or 5 percent. However, this section applies better to new developments than to infill development. As to existing lot patterns, there is only one other lot that can be divided so recurrency is not a problem. He said thaf two sections of the ordinance apply in this instance: 1) flag lots are accommodated on a limited basis in subdivisions at the greater of 1 lot or 5 percent of the lots within the development and 2) a flag lot with no frontage is proposed on an in -fill basis; the request is reviewed in light of the existing lot pattern or access pattern. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to overturn the action of the Board of Appeals and grant a variance to David and Sharon Zitzmann, 218 Cheval Lane N.E., and directed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Final Plat #01-45 by Rodney Younge to be known as Eagle Ridge Fifth Subdivision located along the east side of Aspen Place S.W. and Eagle Nest Lane S.W. at the end of 4th Street S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 676- 01 approving Final Plat #01-45 by Rodney Younge to be known as Eagle Ridge Fifth Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Final Plat #01-46 by THE Realty to be known as Northwest Plaza Fifth Subdivision located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. Wishing to be heard was Bob Larget, Yaggy-Colby, representing the developer Mr. Larget was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 6281 1 Agenda Item Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 677-01 approving Final Plat #01-46 by THE Realty to be known as Northwest Plaza Fifth Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Final Plat #01-47 by Oppidan Investment Company to be known as Northwest Place Sixth Subdivision located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. Wishing to be heard was Bob Larget, Yaggy-Colby, representing the developer. Mr. Larget was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 678- 01 approving Final Plat #01-47 by Oppidan Investment Company to be known as Northwest Place Sixth Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. to vacate a platted right-of-way along Lot 1, Block 2, Rose Harbor 2nd Subdivision and along Lot 1, Block 1, Rose Harbor 2nd Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 679- 01 approving Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Comprehensive Plan Policy on Affordable Housing and Diversity. Phil Wheeler, Director of Planning, explained that the policy says that in this City we are going to aspire to avoid segregation of housing stock. Since the 1990 census there seems to be almost no change in the distribution of rental housing, with a slight decrease in concentration of rental housing and a slight increase in the concentration of multi -family housing and detached single-family housing. In Olmsted County there is a slight increase since 1990 to 2000 in race segregation and a decrease in the City of Rochester. The minority population in Rochester has doubled in the past ten years and yet in spite of the rapid growth in minority population, there has not been an increase in minority segregation. Wishing to be heard was Mary Gorfine, 2315 Tenth Avenue N.W., representing the 21st Century Partnership Steering Committee. On their behalf she wished to thank the Council for what they have already done in affordable housing in the community and the endorsement of the Partnership Diversity Plan. Most units of local government, including school districts as well as many community organizations, have endorsed the Diversity Plan in housing recommendations. Ms. Gorfine said that we have a lot in this community to be proud of what has been done. Having no one further wishing to be heard, President Hunziker closed the hearing. 6282 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 — November 5, 2001 Agenda Item E-10 E-11 E-12 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 680- 01 approving an amendment addressing affordable housing and diversity to the City's Comprehensive Plan. Ayes (7), Nays (0). Motion carried. A Hearing on City Initiated Text Amendment #01-11 to amend Section 61.211 of the Rochester Zoning Ordinance and Land Development Manual to add that an upzoning to the R-2 zoning district requires a General Development Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve City Initiated Text Amendment #01-11 to amend Section 61.211 of the Rochester Zoning Ordinance and Land Development Manual. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Enlargement of Development District No. 20, and Amend and Restate the Development Program and the Tax Increment Financing Plan for Tax Increment District No. 20-1. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 681-01 approving the Enlargement of Development District No. 20, and Amend and Restate the Development Program and the Tax Increment Financing Plan for Tax Increment District No. 20-1. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Establishment of Development District No. 22, adopt the Development program for the Development District and Establish the Development District Tax Increment Financing District No. 22-1. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 682-01 approving the Establishment of Development District No. 22, adopt the Development program for the Development District and Establish the Development District Tax Increment Financing District No. 22-1. Ayes (7), Nays (0). Motion carried. E-13 A Hearing to Consider the Issuance of Bonds for the Weatherstone Townhomes Apartments Project in the amount of $9,000,000 and Weatherstone Townhomes Apartments Phase II Project in the amount of $20,000,000. Wishing to be heard was Jay Jensen, Shelter Corporation, Minneapolis, the developers of Phases I and II. They will be "parking" the bonds but will be back before the Council for the permanent financing. In response to a question posed by Councilmember McConnell, Mr. Jensen said that the rents charged will be for low and medium income; one bedroom units approximately $620 per month, two bedrooms $750 per month. 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 Meeting No. 22 — November 5, 2001 6283 1 Agenda Item E-14 F-1 F-2 G-2a G-2b G-2c Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 683-01 approving the Issuance of Bonds for the Weatherstone Townhomes Apartments P Project in the amount of $9,000,000 and Weatherstone Townhomes Apartments Phase II Project in the amount of $20,000,000. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on 8th Avenue 400 Block, 10`h Avenue 600 & 700 Blocks, 7th Street 900 Block, and 8th Street 900 Block S.W. Wishing to be heard was Diana McGregor, 612 Tenth Avenue S.W. She said that she represented the 600 Block of Tenth Avenue S.W. The residents of the 600 Block are in opposition of any residential permit parking on their street. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 684- 01 approving adding Paragraph (7) to Zone #6 (Edison Neighborhood) of Section L "Residential Permit Parking" of the Comprehensive Traffic and Parking Resolution Book, to be effective from8:00 AM to 4:00 PM, Monday through Friday, to read: (7) 8th Avenue S.W./400 Block, on the west side of the street. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 685- 01 approving the execution of a Development Agreement with Joel Bigelow & Sons Enterprises, Inc. for the Kingsbury Hills Phase 2 Tax Increment Financing Project. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt the proposed language amendment to RCO 107 clarifying existing requirements and conforming to current State Statute in regard to legalized Gambling and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 1.10, 42.07, 70.11, 73C.03, 76A.25 subd. 4, 85A.18 (b), 106A.20, 130A.05, and 142.04 subd. 8 of the Rochester Code of Ordinances, Relating to the Maximum Penalties for Misdemeanor and Petty Misdemeanor Violations, was given a first reading. An Ordinance Amending and Reenacting Sections 106A.18 and 106A.21 of the Rochester Code of Ordinances, Relating to Dangerous and Potentially Dangerous Dogs, was given a first reading. An Ordinance Amending and Reenacting Section 62.211 of the Rochester Code of Ordinances Relating to the Requirement for General Development Plans, was given a first reading. r— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6284 Regular Meeting No. 22 — November 5, 2001 Agenda Item G-2d G-3a G-3b An Ordinance Amending and Reenacting Sections 107.02 and 107.03 of the Rochester Code of Ordinances, Relating to the Expenditure of Gambling Gross Profits Within the City of Rochester, was given a first reading. Councilmembers Hanson 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 Hanson moved, McConnell 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 Aspen Lane SW, within the Aspen Plat Aspen Place SW, was given a second reading. Councilmembers McConnell 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 and Ag District to M- 1 and R-2 Districts, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (2). Motion carried. West of St. Bridget Road, East of TH 63 and South of the future 481h St. SE Right -of -Way) Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. � G y Clerk [1 RECORD OF OFFICIALPROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6285 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: Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. D-1-38 Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items. D-1 Approved the minutes of the Common Council meeting on November 5, 2001. D-2 Adopted Resolution No. 686-01 approving the request for $50 million for DME Community Mitigation Funding from the State of Minnesota. D-3 Approved the appropriation from the Future Construction Account to assist in funding of the replacement of the heating and cooling system at the Olmsted County Historical Society Building. President Hunziker abstained from the voting. D-4 Adopted Resolution No. 687-01 authorizing the issuance and sale of multifamily housing revenue bonds to provide funds for completion of a multifamily housing project on behalf of Weatherstone Townhomes Limited Partnership. D-5 Adopted Resolution No. 688-01 authorizing the issuance and sale of multifamily housing revenue bonds of $20,000,000 to provide funds for completion of a multifamily housing project on behalf of Weatherstone Townhomes Limited Partnership, Phase II. D-6 Adopted Resolution No. 689-01 authorizing execution of the Long Term Parking rate adjustment at the Rochester International Airport. D-7 Adopted Resolution Nos. 690-01 and 691-01 approving the bid award to Horsman Fence in the amount of $10,980.77 and Nietz Electric in the amount of $18,750.00 for security improvements at the Rochester International Airport. D-8 Adopted Resolution No. 692-01 entering into a Professional Engineering Services agreement with ACSG, Inc. for a blast assessment for the Terminal Building at the Rochester International Airport in an amount not to exceed $16,770.00. D-9 Approved the following licenses and miscellaneous activities: Gambling — Raffles Pheasants Forever — Tri County Chapter — March 15, 2002 (requested waiver of waiting period) Ronald McDonald House — February 10, 2002 Motion Pictures — Transfer Chateau Theatres, Inc. DBA Chateau 14 r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6286 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 Motion Pictures — New Chateau Theatres, Inc. DBA Chateau 14 Sidewalks — Cement Dan Krahn DBA Krahncrete, Inc., Rochester Nesper Sign Advertising, Inc., Cedar Rapids, Iowa Approved the application of an Off -Sale Intoxicating Liquor License for Silver Lake Liquor at 1400 North Broadway from Barbara K. Kellner. Adopted Resolution No. 693-01 awarding the Amateur Boxing Franchise to the Rochester Youth Boxing Club, Inc. from December 1, 2001, to November 30, 2002, with the condition that the Rochester Fourth Street Boxing Gym also be allowed to use the franchise. Approved Accounts Payable in the amount of $1,617,029.61. Adopted Resolution No. 694-01 approving closing completed improvement projects and transferring unexpended balances pursuant to City Charter, Section 11.10. Adopted Resolution No. 695-01 approving closing completed improvement projects and transferring unexpended balances pursuant to Minnesota Statutes, Section 429.091, Subd. 4. Adopted Resolution No. 696-01 approving the execution of assignment of the City's consulting agreement with Sirius/Point 5 Solutions to CD Group, Incorporated. Adopted Resolution No. 697-01 approving Annexation Petition #01-22 to annex 137.65 acres of City -owned property located in a part of the E1/2 of the NE'/<, Section 30, and a part of the NW1/4, Section 29, Cascade Township. Adopted Resolution No. 698-01 approving the execution of the agreement with MnDOT and DM&E for the upgrade of the 15`h Avenue N.E. grade crossing warni device. Adopted Resolution No. 699-01 approving the execution of a Professional Services Agreement with Bonestroo, Rosene, Anderlik and Associates to prepare addenda to the Rochester Storm Water Management Plan to increase the size of the Northwest Territory study area of 1429 acres. Adopted Resolution No. 700-01 adding Bandel Road N.W. from 55`h Street N.W. to 651h Street N.W. to the City's Municipal State Aid System and forward to the Commissioner of Transportation for approval. Adopted Resolution No. 701-01 accepting the feasibility report and scheduling a Project Hearing for December 17, 2001 to Project No. M1-30 (J-9791) "Sanitary 1 RECORD OF 'OFFICIAL' PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6287 Agenda Item D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 Sewer and Watermain Extension to serve the Southtown Heights Subdivision Area". Adopted Resolution No. 702-01 awarding a contract in the amount of $7,320.00 to EnviroTech Remediation Services, Inc. of Roseville for Project No. J-2068 "Asbestos Removal in Four (4) Eastwood Village Apartments". Adopted Resolution No. 703-01 adding Paragraph (8) of Section C "Special Parking Zones" (Zone A — General) of the Comprehensive Traffic and Parking Resolution Book to read: (8) 8th Avenue S.E., on the west side, (1 stall for handicapped parking) in front of the premise known as 811 8th Avenue S.E. Adopted Resolution No. 704-01 approving the execution of the Development Agreement with Jim and Carla Heim in the Elmcroft 4th Subdivision to allow for further development of their lots. Adopted Resolution No. 705-01 approving the execution of the Development Agreement with Sherm Stoflet for the Stonehedge Development. Adopted Resolution No. 706-01 approving Settlement Agreements with Randy Reynolds and Todd Fiedler for Right of Way Acquisition for the Badger Run Sewer Project No. J-9745. Adopted Resolution No. 707-01 approving a variance request from the Geometric Design Standards, Rural and Suburban Reconstruction projects for design speed for Project No. J-9578 "Improvements to 501h Avenue N.W.". Adopted Resolution No. 708-01 approving a City/Owner contract for Project No. J 9634 "Basic Construction in Royal Plaza Subdivision" with Dakota of Rochester, Inc. and Road Constructors. Adopted Resolution No. 709-01 approving a City/Owner contract for Project No. J- 9821 "Sanitary Sewer & Watermain to Serve Lot 6, Block 1, Replat of part of Block 3, Knollwood Acres (Whitter & Woods Property)" with Sarasota Consulting, Inc. and Jech Excavating. Adopted Resolution No. 710-01 approving a City/Owner contract for Project No. J- 9866 "Basic Construction in Diamond Ridge Commercial Park" with DeWitz Construction, Inc. and Elcor Construction, Inc. D-30 Adopted Resolution No. 711-01 accepting voluntary participation in the City's Regional Storm Water Management Plan for Robnik , LLP and Olmsted Medical Center. D-31 Adopted Resolution No. 712-01 approving an agreement with Bethel Lutheran Church to establish a Park and Ride lot during 2002 in the 800 Block of Third Avenue S.E. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6288 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item D-32 I Adopted Resolution No. 713-01 approving payment to Mr. and Mrs. Maidal for settlement of needed land rights for Project No. J-9718 ,50th Avenue N.W. project" D-33 Adopted Resolution No.714-01 approving adding Paragraph (63.7) of Section B "No Parking Zones" to the Comprehensive Traffic and Parking Resolution Book to read: (63.7) Second Street N.E. on the north side of the street from 9th Avenue to 10th Avenue, at all times. D-34 Adopted Resolution No. 715-01 approving execution of a City/Owner Contract with Home Federal Savings Bank and Knutson Construction for Project No. J-9870 "Stormsewer Extension to Serve the Home Federal Savings Bank (55th Street N.W.)„ D-35 Adopted Resolution No. 716-01 accepting the proposal from Buildings Consultant Group, Inc. to provide Professional Engineering Services for Project No. 8215-38- 02 (J-2583) "Restoration #1 of Third Street Ramp" and Project No. 8215-39-02 (J- 2578) "Restoration #2 of Civic Center Ramp". D-36 Adopted Resolution No. 717-01 approving the execution of a Contribution Agreement for Jim and Michelle VanEss property on 11th Avenue S.W. to allow for development of their property. D-37 I Approved Findings of Fact, Conclusions of Law, and Order related to Conditional Use Permit #98-05. D-38 Approved the appointment of Gerald J. Balm to the Rochester Public Library Board running to January 2004. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing on Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement located west and north of Meadow Lakes Drive NW and south of 3rd Street. Wishing to be heard was Mary Wilson, 4450 Meadow Lake Drive N.W. She thanked the Council for holding Carriage Homes accountable for some of the building standards. She said that the residents of the Fox Ridge area believe that the flurry of activity on the part of Carriage Homes to get items completed that had been on hold for some time was due to the Council's reaction to the new project. There are still some items such as eroding of soil, dead sod, cracked cement, firewalls not installed, no aeration of the ponds, etc. There has been no dust control or cleaning done after each day's work on the new development. Wishing to be heard was Darla Olson, 4417 Meadow Lakes Drive N.W. She said that the developer has been busy this week in finishing and correcting some items. But she was still concerned about the foundation crack in her foundation, the grading and the sod, the shrubs due to regarding of the road, the patio pad and the potential liens that are on the property. Ms. Olson said her other concern was the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6289 Agenda Item association. It was her understanding that they could be an association, with their own members appointed, when the project was 75 percent occupied. She has now learned that the association won't happen until the new 64 unit -project is completed....the bylaws that stated the fact that the second phase would be completed was not given to her until after the closing on her home. Ms. Olson told the Council about the lien on her home, currently amounting to $76,000 from an original lien of $125,000. Wishing to be heard was Dwight Harvey, President, Carriage Homes. He said that disclosure statements, declarations and bylaws are given to all buyers. They had been supplied to the realtor. The disclosure statement clearly indicated that the projects consisted of Phase I units of 48 and Phase II units of 64. The disclosure also provides that the association management will be turned over to the residents when 75 percent of the units have been sold and closed. There is currently a resident, Jim Clark, on the association board even though there is no requirement for a homeowner at this time to be on the board of directors. All association monies are put into an association checking account for the association. Mr. Harvey then explained that the lien is a single lien applied to all the units in the project by Fraser Construction for the public improvements. The City has not accepted the public improvements to date; until the City accepts, the contractor will not be paid. The liens do not stop a homeowner from selling their home ... that is guaranteed with the title company. Doug Nelson, Public Works, said that the public infrastructure was not substantially completed a couple of weeks ago. There were a number of items that needed to be replaced, corrected and repaired. He expected that the Public Works Department inspector could probably do another inspection very soon. Ron Boose, Building & Safety Department Director, noted that the failed footings need to be studied and possibly corrected and a foundation crack that needs to be monitored to determine if the damage is structural or caused by water. He said that there were no other building code items. Wishing to be heard was Joseph Saratorie, 305 Third Avenue S.W., Austin, owner and operator of Southern Minnesota Landscaping. He noted that he has done the landscaping for the project working for Carriage Homes through southeastern Minnesota. He wanted to address any warrantee issues on plants, shrubs, trees, sod, and privacy fences. Mr. Saratorie said that the sod installed last year is good but the weather did not permit good conditions for laying sod this year. The bad areas of sod and trees will be replaced once road restrictions are off in the spring. Phil Wheeler introduced Monica Gowan, Planning Department, a geologist working with Terry Lee, the County Water Coordinator. During the on -site tour taken by the Council on November 5th, areas of on -site erosion behind the townhomes were noted. She said the site of erosion could have been triggered by discharge of surface waters or could have been initiated by drainage from the construction site on the top of the hill. She said that there appears to be a direct link between some of the runoff from the construction site and the development of the gullies. This is a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6290 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item sensitive area because the Decorah shale acts as a confining unit in directing water down the face of the limestone. Wishing to be heard was Pam Shakal, South Eastern Engineering, Rochester. She spoke to issues brought up at the last Council meeting; the final plat and the substantial land alteration on Phase II. Item 62.1105 (2) addressing the noise ordinance for the City of Rochester; Ms. Shakal said that the copy of the ordinance she received dealt only with the time of noise. In her letter to the City, she noted that the contractor will work within those limitations throughout the work. The cost of the mitigation, cleaning up the haul roads, complying with the noise ordinance, visual dust on and off site, excessive environmental impacts are costs and compliance that the contractor is aware of when bidding the project. She stated that she thought that the bond had been previously provided for adequate legal assurance that all mitigation activities are carried out; the bond was provided to Mark Baker, Public Works Department. Ms. Shakal replied to Councilmember Stobaugh that the area of area of substantial land alteration is further north of the Decorah shale. She said that if Decorah shale is found the developers will hire a geotechnical engineer to re -engineer the foundations of the buildings falling within the area. Councilmember Marcoux asked that, because the Decorah shale is present, shou an Order 1 soil survey be done. Phil Wheeler, Planning Director, said that it appears that the signs of runoff are from the construction but that there is some uncertainty whether it could be attributed to sub -surface groundwater flows. He said that an Order 1 soil survey would determine where the flows occurred in the past and may guide how the plat could be altered if necessary or mitigation might be needed. Wishing to be heard was Steve Lawler, 40 16th Street S.E., Suite D, licensed soil scientist with the State of Minnesota. Mr. Lawler said that he was retained by Carriage Homes to look at the existing soil information available at the site to determine if an Order 1 survey would be necessary. His conclusion was that a survey would only confirm what is already known ... that the development is on the Decorah shale edge; soil borings confirm this fact. Wishing to be heard was Pat Brinkman, 602 Second Avenue, Minneapolis, Attorne} representing Carriage Homes. He stated that they knew about the existence of the Decorah shale when Phase I of the project was done. The issue was addressed at that time and dealt with by engineering experts. The problem with the cracking of one foundation; strongly suggests that the Decorah shale has nothing to do with the problem because all of the eastern units are located within the Decorah shale. Decorah shale is a prevalent condition in the City of Rochester. Some homeowners have expressed some discontent with the building project. He stated that Carriage Homes has attempted to address the problems. The patio slab and sod need to be replaced in the spring. The conditions put on the project by the City have been satisfied and the standards for the final plat and substantial land alteration have been satisfied. Mr. Brinkman said that there is nothing presented b) a homeowner that addresses a standard or condition that needs to be satisfied for the Council to approve the final plat and substantial land alteration. Comments 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 1 Agenda Item E-2 about the Phase I project are not relevant to the Phase II project. Conditions for the homeowners will continue to be addressed and the warranties provided will continued to be abided by Carriage Homes. Richard Freese, Public Works Director, noted that the performance and payment bonds presented to the City are only between the contractor and Carriage Homes. The City currently has not received a bond for the grading activity on the site. Wishing to be heard was Joe Larson, Stillwater, Carriage Homes. He noted that Building and Safety have to check and approve the footings before they are poured for the units. Wishing to be heard was Darla Olson, 4417 Meadow Lakes Drive N.W. Ms. Olson said that the Phase I development has been ongoing and now Phase II is to be started; how long will the homeowners have to put up with the construction. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 718- 01 approving Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement and Resolution No. 719-01 approving the Substantial Land Alteration Permit. Discussion. Councilmember Hanson stated that the City cannot hold Carriage Homes liable on its other project but must consider only current project. He said it was unfortunate that Carriage Homes has a hard time taking care of its customers. Councilmember Marcoux said that she would not vote in favor of the motion because (1) the bonding requirements to the City have not been satisfied, and (2) she felt that there is substantial land seepage and an actual geotechnical survey should be required. Councilmember Senjem said that the surety question, proposed finding #14, should be dealt with in the form of an amendment reading "the form of surety shall be provided and acceptable to the City Attorney". The amendment was acceptable to the makers of the motion and the general consensus of the City Council. Ayes (4), Nays (3). Motion carried. Councilmembers Marcoux, McConnell and Stobaugh voted nay. A Hearing on Type III Phase II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. located north of 1S` Street S.E. and east of Broadway on three parcels known as the former Public Library, the Christmas Shoppe and the Open Table. Wishing to be heard was Kevin Mullin, Royal Management and Development. Mr. Mullin explained that the project presented is similar to the earlier project that had been presented to the City Council. Internally there are changes to the retail space They have been talking with Doug Knott, Downtown Development Office, about the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Io�Clii Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item TIF issues and the parking issues. He said that construction documents are currently in process. Wishing to be heard was Melissa Sarko, Project Architect. She presented a slide show explaining that the development would consist of a 26-story building consisting of long and short-term housing stays and various retail space. The slides showed various interior aspects of the building and the access to skyways. Doug Knott, Downtown Development Director, said that the developer says that 50- 60 parking spaces are needed and the City has estimated that 100-110 spaces would be needed. The project is geared toward visitors coming to the City; the number of parking spaces that will be needed is an unknown factor at this time. However, as many parking spaces as possible need to be kept on the site. Terry Adkins, City Attorney, asked that two revisions to the conditions be made as follows: Condition #2, sentence 2 "The applicant shall coordinate with the City..." replace with "The applicant shall resolve with the City...". Condition #9, sentence 1 "The applicant shall continue to work with Staff on the final...." replace with "The applicant shall resolve to the City's satisfaction the issue as to the final....". Mr. Mullin acknowledged agreement to the amendments. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 720-01 approving Type III Phase II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. with ten conditions amending conditions #2 and #9 as provided by the City Attorney. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Councilmember Evans said that he would like to see more commercial space. Councilmember Marcoux said that she wouldn't be able to support the project until concerns with TIF funding and parking issues are resolved. E-3 A Hearing on an Amendment to General Development Plan #83, known as The Arboretum revising the roadway alignment on the westerly portion of the property adjacent to West Circle Drive, north of the Douglas Trail and south of Northwest Plaza. Wishing to be heard was Hal Henderson, HGA Architects, representing the developer. He noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #83, known as The Arboretum with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. C! RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 (0,2\C13 Agenda Item E-4 A Hearing on Type III Phase II Special District Amendment Project Development Plan #01-04 to allow the construction of a Commercial Building in Special District #1 (Arboretum) located along the east side of West Circle Drive, west o the Lincolnshire Subdivision and north of the Douglas Trail. Wishing to be heard was Hal Henderson, HGA Architects, representing the developer. He noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to approve Type III Phase II Special District Amendment Project Development Plan #01-04 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-5 A Hearing on an Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development to amend the plan to identify a continuation of 6th Street N.W. intersecting into 7th Street N.W. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff reminded the Council that he has previously come before them with a townhome development that the neighbors did not want. The project has now been made into an R-1 development. The development will have more kids in the neighborhood and will be a lower density of 29 from 39 units. Driveways will need to be shared. He noted that they have asked staff to look at taking the street to 6th and take some of the water runoff down 6th; some of the extra traffic will be eliminated on 7th. Mr. Ratzloff noted agreement with the four conditions. Wishing to be heard was Gerry Werven, 3707 Seventh Street N.W. Mr. Werven said that the current GDP was approved by the City Council a number of years ago and since that time there have been significant changes and updates to the Land Development Manual. He asked staff what provisions under the current Land Development Manual apply to the amendment? Terry Adkins, City Attorney, responded by saying that the ordinances in effect today control and not those previous under the original GDP. Mr. Werven then asked what traffic impact studies have been completed either on the original or amended GDP? Phil Wheeler, Planning Department Director, said none as neither the original or amended GDP triggers a traffic impact report because the projected traffic volumes are so low. Mr. Werven said that it is his understanding that if the current traffic impact report is waived by staff then a traffic design analysis needs to be completed. Mr. Wheeler said that the reference is to the requirement for a traffic impact report; if no report is required, there is nothing to waive. Mr. Werven said that the neighbors have no idea or information on what the volume of traffic is going to be, trips generated, etc. on 6th or 7th Street. Mr. Wheeler said that you can have up to 30 dwelling units on a cul-de-sac and not be required to conduct a traffic impact study. Mr. Werven said that the information contained in a study is critical to the citizens who are mostly affected by the impact. He said that if the information is available, perhaps some of the anxiety could be squelched. He asked that staff conduct a traffic impact study for the GDP. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item Wishing to be heard was Robert Kostinec, 4335 Sixth Street N.W. Mr. Kostinec said that Mr. Ratzloff met all the needs of the neighbors with the new project. However, he said that they will be losing the cul-de-sac because the street will go through. The cul-de-sac provides for quieter, safer, and greater property values and is the reason that he bought his property on the cul-de-sac. Extending the street will create ponding in front of his home, a curb bulb will be left on the street where the cul-de-sac was and the homes will have a greater setback from the street than adjoining properties. Mr. Kostinec said that he is opposed to the R-1 development. Wishing to be heard was Russ Mettler, 4414 Sixth Street N.W. Mr. Mettler said that the project will affect his property. He owns one of the homes in the bulb of the cul-de-sac. The extension of the street will leave his home at an angle, set back more than the neighbors and at a very strange configuration. He said this development is almost like a punishment for the people on 61h Street opposing the townhomes. Wishing to be heard was Mike Ranfranz, 4415 Sixth Street N.W. Mr. Ranfranz said that he lives directly across the street from the previous speaker, Mr. Mettler. At the time he bought his property, the developer told him the property would be a cul-de-sac, told him that if the church was not built and the property sold, it would remain a cul-de-sac and that the three lots behind him would remain outlots. Water will collect on the north side of 6th Street. Mr. Ranfranz said that he has told the City numerous times that there are sinkholes where the water collects. Wishing to be heard was Darren Knoepke, 4407 Sixth street N.W. Mr. Knoepke said that he had previously lived in Country Club Manor and wanted to stay in the area; hence, he bought the current property. He was assured that the church, setbacks and outlots would remain. He also said that the surrounding developments by Forbrook are all cul-de-sacs and said that this project should be kept as the surrounding area. Wishing to be heard was Mike Paradise, Bigelow Enterprises. He said that at the time that the lots in the development were sold, the land was owned by the church. The church sold the property. Forbrook bought the property. At the time, he said he felt that the townhome project was the best possible use for the land and for the neighborhood. This is also a good project. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, said that if the project is approved, a 5th condition should be added requesting the developer to vacate the easement allowing the bulbs on the cul-de-sac to be straightened to align with the rest of the street if the street is to be continued. Councilmembers Evans moved, Stobaugh seconded, to approve the Amendment General Development Plan #92, known as Manor Woods West, by Forbrook- Bigelow Development with four original conditions and the condition suggested by 1 RECORD .OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6295 Agenda Item E-6 E-7 E-8 the Public Works Director 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 #01-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central Subdivision located east of Manor Park Drive N.W., west of 6th Street N.W. and south of 7th Street N.W. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff said that they were in agreement with the five conditions as recommended. In response to Richard Freese, Public Works Director, requesting that the fifth condition in Item E-5 dealing with the vacation of the easement to align the road be added as well to this item, Mr. Ratzloff said he was in agreement. Wishing to be heard was Gerry Werven, 3707 Seventh Street N.W. Mr. Werven said that approximately one year ago he came to the Council to voice his concern with traffic on 7th street S.W. He thought, at that time, something would be done about the speed and traffic or looking at alternative traffic measures. Richard Freese, Public Works Director, said that a speed study had been done earlier by Dave Rossman, Traffic Engineer. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Preliminary Plat #01-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central 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 Preliminary Plat #01-29 by Forbrook-Bigelow Development to be known as Manor Woods North First Subdivision located west of Manor Ridge Drive N.W., south of 7th Street N.W. and east of the Somerset Hills Subdivision. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. He said that neighbors did not want all the cul-de-sacs; therefore, they were able to put one street in and one cul-de-sac. The lots are super -sized for a better looking neighborhood. They are in agreement with the seven conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #01-29 by Forbrook-Bigelow Development to be known as Manor Woods North First 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 Rochester Urban Service Area Lane Use Plan Map Amendment #01- 04 by Morris Memorial LLC from Low Density to Residential located on the east r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA 6296 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item side of East River Road N.E., north of 37th Street N.E. and adjacent to the RPU Office Center. Wishing to be heard was Lowell Penz, 1442 Salem Road S.W. He indicated that he would like to withdraw the general development plan for this project (Item E-9) at this time. He asked that the Council approve the request for changing the land use plan to "industrial' and the zoning district to M-1. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 721-01 approving Rochester Urban Service Area Lane Use Plan Map Amendment #01-04 by Morris Memorial LLC with the recommended findings 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 #01-167 by Morris Memorial LLC to be known as Morris Meadows located on the east side of East River Road N.E., north of 37th Street N.E. and adjacent to the RPU Office Center. Withdrawn at the request of the applicant. E-10 A Hearing on Zoning District Amendment #01-12 by Morris Memorial LLC from the H District to the M-1 District located on the east side of East River Road N.E., north of 371h Street N.E. and adjacent to the RPU Office Center. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning District Amendment #01-12 by Morris Memorial LLC with the recommended findings and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Final Plat #99-40 by Arcon Development to be known as Shannon Oaks First Subdivision located south of Viola Road , west of Haverhill Road N.E. and east of Century Hills Drive N.E. The developer asked that Final Plat #99-40 be continued to the December 3, 2001, Council meeting to allow completion of the development agreement. No one wished to be heard at this time. Councilmembers Stobaugh moved, Marcoux seconded, to continue to December 3, 2001, consideration of Final Plat #99-40 by Arcon Development to be known as Shannon Oaks First Subdivision. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Final Plat #01-48 by Jim Heim to be known as Elmcroft Fourth Addition located along the west side of Elmcroft Drive S.W. and south of 251h Street S.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 'CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6297 1 Agenda Item Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted agreement with the four conditions and the two conditions placed on the substantial land alteration permit. He asked that in the future that when a performance bond is requested, a cost estimate could be made prior to the submission of performance bonds. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution Nos. 722-01 and 723-01 approving Final Plat #01-48 by Jim Heim to be known as Elmcroft Fourth Addition with four conditions and the Substantial Land Alteration. Ayes (7), Nays (0). Motion carried. E-13 A Hearing on Final Plat #01-49 by Dan Soderberg to be known as Northview Second Subdivision located along the east side of 40th Avenue N.W., east of the Douglas Trail and south of 41st Street N.W. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted agreement with the two conditions. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 724- 01 approving Final Plat #01-49 by Dan Soderberg to be known as Northview Second Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. E-16 A Hearing on the Proposed Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on the 600 Block of 8th Avenue S.W. Wishing to be heard was Susan Hanson, 616 Eighth Avenue S.W. She asked that the Council approve the parking zone request. She noted that the street is very narrow and residents with driveways have a difficult time in backing out. Wintertime is problem for school buses with snow piled on each side of the street. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 725- 01 approving Residential Permit Parking Zone #6 (Edison Neighborhood) on the 600 Block of 8th Avenue S.W. Ayes (7), Nays (0). Motion carried. E-14 A Hearing on City Initiated Text Amendment #01-12 to amend Sections 60.200, 62,390 and related sections of the Rochester Zoning Ordinance and Land Development Manual that addresses the use of storage containers. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve City Initiated Text Amendment #01-12 to amend Sections 60.200, 62,390 and related sections of the Rochester Zoning Ordinance and Land Development Manual that addresses the use of storage containers and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6298 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item E-15 E-17 E-18 E-19 Councilmembers asked how the ordinance would affect those persons with storage containers such as Trade Mart Furniture. John Harford, Planning Department, said that Trade Mart Furniture never got permits for any of their 70+ storage units. Buffer yards would not be problem in this case but paving might be. A variance could be applied for that would allow the storage containers to remain. The Park Department is also a user of storage containers and would have a limitation of six months on the placement. At the present time, the existing zoning fee schedule would a permit cost of $25.00 until such time as the fee schedule is revised. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing to Consider Applications for State Transit Assistance Funds for 2002 for Regular Route and Dial -A -Ride Services. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Senjem seconded, to adopt Resolution Nos. 726-01 and 726A-01 authorizing submission of the applications to the State of Minnesota for Regular Route and Dial -A -Ride Services for 2002. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6306-2-00 (J- 9607) "Curb, Gutter & Overlay on 6th Avenue S.E. from 16 %2 Street S.E. to End of Cul-de-Sac". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 727- 01 approving the making of Local Improvement Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6th Avenue S.E. from 16 %2 Street S.E. to End of Cul-de- Sac". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 61h Avenue S.E. from 16 %2 Street S.E. to End of Cul-de-Sac". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 728-01 approving the levying of the Proposed Assessment for Local Improvement Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6th Avenue S.E. from 16 %2 Street S.E. to End of Cul-de-Sac". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6307-2-02 (J- 9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 %2 Street S.E.". 1 [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 23 — November 19, 2001 6299 1 Agenda Item E-20 E-21 E-22 E-23 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 729- 01 approving the making of Local Improvement Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 %2 Street S.E.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 %2 Street S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 730-01 approving the levying of the Proposed Assessment for Local Improvement Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 %2 Street S.E.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6205-4-99A (J-9540) "Curb, Gutter & Overlay on 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 731-01 approving the making of Local Improvement Project No. 6205-4-99A (J- 9540) "Curb, Gutter & Overlay on 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6205-4-99A (J-9540) "Curb, Gutter & Overlay on 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Having no one wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 732-01 approving the levying of the Proposed Assessment for Local Improvement Project No. 6205-4-99A (J-9540) "Curb, Gutter & Overlay on 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Ayes (7), Nays (0). A Hearing to Consider the Proposed Assessment for Snow Removal, Weed Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, and Sidewalk Repair. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 733- 01 levying the Proposed Assessment for Snow Removal, Weed Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, and Sidewalk Repair. Ayes (7), Nays (0). Motion carried. z rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6300 Regular Adjourned Meeting No. 23 — November 19, 2001 Agenda Item G-2a ECIN-01 G-2c G-3a G-3b G-3c G-3d An Ordinance Annexing to the City of Rochester a Portion of the Southwest Quarter of the Southeast Quarter of Section 19, the Southwest Quarter of the Southwest Quarter of Section 20, the Northwest Quarter of Section 29, and the Northeast Quarter of Section 30, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (East and west sides of 50th Avenue N.W. and north of 19th Street N.W.) 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 Development Manual of the City of Rochester, Minnesota, was given a first reading. (East side of East River Road N.E.,'/4 mile north of 37th Street N.E.; adjacent to the RPU Office Center) An Ordinance Creating and Enacting Sections 62.2721, 62.2722 and 62.396, Amending and Reenacting Sections 60.200, 61.115, 62.390 and 62.395 and Repealing Section 62.272 of the Rochester Code of Ordinances Relating to Storage Containers, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 198.21 Acres of Land Legally Described as a Part of the South Half of Section 4 and a Part of the Southwest Quarter of Section 4, Township 107 North, Range 14 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. (North of 65th Street N.W. along West Side of Highway 52; North of Bandel North First Subdivision along East Side of Highway 52) An Ordinance Amending and Reenacting Section 134.10 of the Rochester Code of Ordinances, Relating to Prohibited Parking, was given a second reading. Councilmembers Senjem moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 58.05 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Viola Road, East of Century Hills, West of Haver Hills Subdivision) An Ordinance Amending and Reenacting Section 98.02 of the Rochester Code of Ordinances, Relating to the Electric Utility Franchise, was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 &&Ot 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. C-1 Wishing to be heard was Mary Vlazny, 2201 3rd Ave. SW, Chairperson, Rochester Area Housing Council, requesting $5,000 from the City of Rochester to help fund their 2002 activities. Councilmembers Stobaugh moved, Marcoux seconded to commit to the amount of $2500 with the contingency that the other $2500 be matched by Olmsted County. Ayes (6), Nays (1). Motion carried. Evans voting nay. C-2 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 734-01 referring the petition for Curb/gutter and overlay work on 16 Y2 Street N.W. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. D-1-26 Councilmembers Semjem moved, Stobaugh seconded, to approve the following consent agenda items. D-1 There were no minutes for approval. D-2 Approved the appointment of Thomas Meddock to fill the expired term of Sylvia Quirk on the Housing Board of Appeals running to April 1, 2003. D-3 Approved reorganizing the Historic Preservation Committee and appointing the following members: Jeff Allman, Lora Beaupre', Christopher Colby, Larry Gifford, Richard Hanson, Timothy Hornseth, Donna Melin, Sylvie Nickel, Randy Staver. Two or three additional members will be appointed by the Olmsted County History Center. D-4 Adopted Resolution No. 735-01 authorizing the Mayor and City Clerk to execute an agreement with MnDot to study a High Speed Rail connection between the Minneapolis/St. Paul International Airport and the Rochester International Airport. D-5 Adopted Resolution No. 736-01 approving the issuance and sale of multifamily housing revenue bonds to provide funds for completion of the Phase I multifamily housing project on behalf of Weatherstone Townhomes Limited Partnership. D-6 Adopted Resolution No. 737-01 approving the issuance of Tax Exempt Multifamily Housing Revenue Bond issuance of $20,000,000 to Weatherstone Townhomes Limited Partnership — Phase ll. D-7 Approved the following licenses and miscellaneous activities in the City of Rochester: Gambling — Renewal of Premise Fraternal Order of Eagles Aerie #2228 at 409 First Avenue S.W. Creative Learning Ideas for Mind & Body (CLIMB), Inver Grove Heights at RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 D-15 Colonial Lanes Miscellaneous Activities Compassionate Friends — Candle Lighting Memorial — Parents of Deceased Children — Peace Plaza — December 9, 2001. Approved the application from Ruben Leon for On -Sale and Sunday Intoxicating Liquor License for Dos Amigo's Mexican Restaurant #2, Inc. located at 20 Fourth Street S.E. (Old Depot House). Approved Accounts Payable in the amount of $2,095,544.32. Adopted Resolution No. 738-01 authorizing the City Clerk to advertise for bids for Liquid Aluminum Sulfate and Anhydrous Ferric Chloride. Adopted Resolution No. 739-01 approving an increase in the mileage reimbursement rate from $.34 per mile to $.36 per mile effective January 1, 2002. Approved initiation of the Rezoning to a Special District (SD) in the 55th Street Estates Subdivision, and directing the planning dept to schedule a hearing before the Planning Commission. The area will be brought into the City in the H District. Adopted Resolution No. 740-01 approving the acceptance of $35,166 in Juvenile Accountability Incentive Block Grant (JAIBG) funds to fund positions for juvenile prosecutors and to enter into a multi jurisdictional agreement with Olmsted County. Accepted donations to the Police Department Honor Guard Unit from Rick and Beverly Drake, Michael Ketchum Group, and Mr. and Mrs. Robert Fjelsted. Adopted the following Rochester Public Utility resolutions: Resolution No. 741-01 approving a purchase order agreement with McFarland Cascade for Western Red Cedar Poles in the amount of $84,664.00. Resolution No. 742-01 approving a purchase order agreement with Tri-State Drilli for caisson foundations for the Q1/Q2 transmission line upgrade in the amount of $78,454.00. Resolution No. 743-01 approving a contract agreement with McLeod USA Telecommunications Services, Inc. for attachment of telecommunications facilities to poles and based on unit pricing as established by the agreement. Resolution No. 744-01 approving a contract agreement with Norlight Telecommunciations for attachment of telecommunications facilities to poles and based on unit pricing as established by the agreement. Resolution No. 745-01 approving a contract agreement with Charter Communications for attachment of telecommunications facilities to poles and based on unit pricing as established by the agreement. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ular Adjourned Meeting No. 24 — December 3, 2001 1 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Resolution No. 746-01 approving a contract agreement with Minnesota Power Telecom for attachment of telecommunications facilities to poles and based on unit pricing as established by the agreement. Resolution No. 747-01 approving a contract agreement with Qwest Communications for attachment of telecommunications facilities to poles and based on unit pricing as established by the agreement. Resolution 748-01 approving purchase order agreement with Siemens Westinghouse for Combuster Basket Repairs -Cascade Creek Westinghouse 251 combustion Turbine not to exceed $35,451.00. Adopted Resolution Nos. 749-01, 750-01 and 751-01 receiving the feasibility report, ordering the project hearing for January 7, ordering the preparation of the assessment roll and ordering an assessment hearing for January 7, 2002, for Project No. 6217.5-4-02 (J-9842) "Curb, Gutter & Overlay on 17 %2 Street N.W. from 21 st Avenue N.W. to 18th Avenue N.W.". Authorizing the City Clerk to advertise for request for proposals for the purchase of up to 28 buses over a five-year period from 2002 to 2006. Adopted Resolution No.752-01 authorizing the advertising for bids for Project No. J- 2467 "Construction of Regional Stormwater Pond at IBM, south of 41st Street N.W." Adopted Resolution No. 753-01 authorizing the execution of a Pedestrian Facilities and Driveway Approach Agreement with Dr. Sean Breanndan Moore & Mary T. Moore for Lot 55, Belmont Slope. Adopted Resolution No. 754-01authorizing the execution of a Pedestrian Facilities Agreement with Richard A. and Judith Loomis for Lot 3, Schoenfelder's First Subdivision. Adopted Resolution No. 755-01 approving voluntary participation by Thomas Tool Building in the City's Regional Storm Water Management Plan. Adopted Resolution No. 756-01approving an Interim Development Agreement for the Buddhist Support Society, Inc. property in Marion Township. Approved the amendment to Rochester Code of Ordinances 133.0 adding subdivision 4 clarifying the use of parking hanger tags in all municipal lots and instructing the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 757-01 adding Paragraph #308.1) of Section B "No Parking Zones" to read: (308.1) Highland Court S.W. on the east side of the street from Aspen Lane to 4th Street, at all times. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 Agenda Item D-25 Adopted Resolution No. 758-01 authorizing payment to the Minnesota Bible College in the amount of $10,000.00 for needed land rights for Project No. J-9748 "Forest Hills Sewer Project". D-26 Adopted Resolution No. 759-01 authorizing acceptance of the proposal of Short, Elliot, Henderson to provide professional engineering services for Project No. J- 6391 "Traffic Signal Installation on County Road #22 and County Road #8, Bamber Valley Road". Ayes (7), Nays (0). Motion carried. E-1 A Hearing on Rochester Urban Service Area Land Use Plan Map Amendment #01- 06, by Western Walls, Inc. to amend the Plan from "Medium Density Residential" to "Commercial" on property located along the north side of 2"d Street and along the west side of 23`d Avenue S.W. Wishing to be heard was Julie Leitzen, DeWitz Construction, 604 11th Ave. NW. She asked that her comments be pertinent to the next three items on the agenda. Ms. Leitzen referred to conditions that they were not in agreement when dealing with the 23`d Ave. SW access on the final plat. She said that 23`d Avenue is a higher classification; it is a 66-foot right-of-way and was designed to carry the commercial traffic from Shorewood as well as the proposed development and is a signalized intersection. Ms. Leitzen stated that one of the conditions is that the driveway access onto 23`d Avenue be held back 180 feet from its intersection with 2"d Street; if it was a local street, the driveway would only need to be set back 35 feet. She noted that when Shorewood was approved, they were commended on bringing the driveway access out onto 23`d Avenue rather than Second Street. She asked for approval of the land use change. Councilmember Hansen asked if the restrictive covenants limiting uses can be changed sometime in the future. Terry Adkins, City Attorney, said that typically the covenants are recorded with the land. They usually contain a provision as to how they can be amended. Councilmember Marcoux stated that she would like to see the traffic light at 23rd Avenue installed at the end of the development. Ms. Leitzen stated that funds have been collected for the installation of the traffic lights at this intersection but the timing is up to the City. Richard Freese, Public Works Director, stated that the City has no jurisdiction as to the installation; it is a County road and the timing of the installation is up to the County, probably after the development has commenced. Phil Wheeler, Planning Department, stated the findings by the Planning Commission determined that the site didn't meet the criteria in the land use plan but does meet the intent of the criteria in that there is adequate access provided because of the signal and that the 23`d Avenue extension is adequate to handle the traffic from some commercial uses permitted in the B-4 district. The question was posed as to what will happen if there are similar pieces of property that could be developed in this fashion. Mr. Wheeler said that when the land development manual was drafted, it was not the intention of having commercial in the middle of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I Agenda Item 1-1 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 �30c5 the block; this is a section of the land development manual that is being updated. The Planning Commission felt that because there is a signalized intersection at 23rd Avenue it is sufficient to distinguish this development from other properties. Non- residential development has been accomplished on busy streets through restrictive development such as Western Digital (now Mayo warehouse) which is located in an R-3 district. It is allowed as a mixed -use development in a medium density designation in a busy street. Mr. Wheeler said that staff's recommended way of handling a use for this location is a restrictive development in the general development plan for Grandville. It shows the potential for a general use just handled under a different and more cumbersome process, it may make the property less saleable, but it protects the City's interest in making sure that we don't end up with strip commercial development on every arterial street. Councilmember Marcoux asked if a restrictive development plan would work for this development and still meet the criteria of the City? Mr. Wheeler said that it would work; a detailed site plan would need to be prepared. Wishing to be heard was Julie Leitzen, DeWitz Construction, 604 11th Ave. NW. She stated that it is not a restrictive development; it is zoned B-5. She noted that she will have some of the same concerns with the B-5 as the B-4. The location is the same in both zones; she noted that she is very limited to the uses that can be done. One of the problems with the criteria is what the road is classified as; is it a limited local street; it is unlike any other in town. If the road is classed higher, with the signalization, there will be no further issues forthcoming. She asked that the street be classified as it should be. Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W. He noted that when he was on the Planning Commission commercial development was put in the middle of the block; he does not believe that it was the intention of the City that the only commercial is on the corner of an intersection. Councilmember Marcoux asked if Mr. DeWitt thought that a restrictive development plan would work for this project. He stated that he did not know if the Florida developers would be agreeable to the restrictive development. Terry Adkins, City Attorney, said that the Planning Commission apparently relied upon the spirit of the ordinance criteria as opposed to its literal words. The Commission looked more at what the spirit or intention of this criteria in determining whether the development was located at the intersection of a collector street. Mr. Adkins said that when you have clearly stated criteria you are not to ignore those words and rely instead on its spirit of intent. He said that if the item is tabled, it would give the applicant time to consider and talk with Planning on the process of restrictive development, for someone to look at the classification of the street to see if it can be changed, and more information can be brought forward as to how we have responded to this criteria in the past. Councilmembers Evans moved, Stobaugh seconded, to continue the hearing on Rochester Urban Service Area Land Use Plan Map Amendment #01-06, by Western Walls, Inc. to December 17, 2001. Ayes (6), Nays (1). Councilmember Hanson voted nay. Agenda Item E-2 E-3 E-4 E-5 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 A Hearing on Zoning District Amendment #01-13 by Western Walls, Inc. to rezone from the B-5 to the B-4 land located along the north side of 2"d Street and along the west side of 23`d Avenue S.W. Councilmembers Stobaugh moved, Evans seconded, to continue the hearing to December 17, 2001, on the Zoning District Amendment #01-13 by Western Walls, Inc. to rezone to gather more information on the various issues that were raised in the Land Use Plan. (E-1) Ayes (6), Nays (1). Hanson voted nay. Motion carried. A Hearing on an Amendment to General Development Plan #155 by Western Walls, Inc. known as Grandville at Cascade Lake to change the commercial use in the southeast corner of the development located along the north side of 2"d Street and along the west side of 23`d Avenue S.W. Councilmembers McConnell moved, Stobaugh seconded to continue the hearing to December 17. 2001 on an Amendment to General Development Plan #155 by Western Walls, Inc. to be known as Grandville at Cascade Lake to gather more information on the various issues that were raised in the Land Use Plan (E-1). Ayes, (6), Nays (1). Hanson voted nay. Motion carried. A Continued Hearing on Final Plat #99-40 by Arcon Development to be known as Shannon Oaks First Subdivision located south of Viola Road, west of Haverhill Road N.E. and east of Century Hills Drive N.E. Wishing to be heard was Robert Larget, Yaggy Colby Assoc. to state they were in agreement with the ten conditions and asked if there were any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 760- 01 approving Final Plat #99-40 by Arcon Development to be known as Shannon Oaks First Subdivision and adopting Resolution No. 761-01 approving the Substantial Land Alteration activity with 10 conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-33 by Todd Ustby to be known as Cedar Creek Townhomes CIC 183 First Amended CIC Plat located along the east side of Kenosha Drive N.W., north of Monroe Drive N.W. and south of Valleyhigh Road N.W Having no one wishing to be heard, President Hunzinker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded to adopt Resolution No.762-01 approving Final Plat #01-33 by Todd Ustby to be known as Cedar Creek Townhomes CIC 183 First Amended CIC Plat with 2 conditions. Ayes (7), Nays (0). Motion carried. Richard Freese, Public Works Director, referred to the Council action of April 19, 1999, item F-5 which approved the grading plan checklist for the Department of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 63% 1 Agenda Item Public Works. As part of the checklist, it is stated that a pond serving less than 50 acres and not identified as regional ponds shall be privately owned and maintained. He explained that since that time the city has applied that standard for the past two and a half years to similar developments. Wishing to be heard was Frank Kottschade, President of North American Realty, speaking for George Ludcke who had made the request of council. Mr. Kottschade stated his disagreement requiring this storm water pond to be private. This burdens the homeowner by forcing a storm water management fee on top of property taxes. Mr. Kottschade requested the council to wave the storm water requirement for Essex Estates 5th Subdivision project. There was a question of two checks being issued to the City for Storm water fees and not processed at this point. It was explained that the checks were issue by Mr. Kottschade with conditions and staff was instructed by legal counsel (both city and developers) to hold checks until the issues are resolved. Mr. George Ludcke representing North American Realty arrived and President Hunzinker allowed him to speak. The point Mr. Ludcke wanted to make was for the Council to look closely for the fairness of applying this condition. Look closely at whether the fees are overly burdensome. Mr. Freese made note that the MPCA has not adopted the City's Storm Water Management Plan, that the city has sole jurisdiction in regard to storm water management at this time until NPDES Phase II requirements are established by MPCA. Councilmembers Marcoux, Stobaugh seconded to direct the City Attorney to prepare Findings of Facts and Conclusions of Law and Order to support the current policy regarding Storm Water Management for Essex Estates Fifth. Ayes (5), Nays (2). McConnell and Senjem voting nay. Motion carried. G-2a An Ordinance creating and enacting section 133.04 to the Rochester Code of Ordinances, relating to violations of municipal parking lot regulations, was given a first reading. G-3a An Ordinance Amending and Reenacting Sections 1.10, 42.07, 70.11, 73C.03, 76A.25 subd. 4, 85A.18 (b), 106A.20, 130A.05, and 142.04 subd. 8 of the Rochester Code of Ordinances, Relating to the Maximum Penalties for Misdemeanor and Petty Misdemeanor Violations, was given a second reading. Councilmembers moved Marcoux, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3b An Ordinance Amending and Reenacting Sections 106A.18 and 106A.21 of the Rochester Code of Ordinances, Relating to Dangerous and Potentially Dangerous Dogs, was given a second reading. Councilmembers moved Stobaugh, McConnel seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3c An Ordinance Amending and Reenacting Section 61.211 of the Rochester Code of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 24 — December 3, 2001 Agenda Item Ordinances Relating to the Requirement for General Development Plans, was given a second reading. Councilmembers moved Senjem, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Hanson, moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ze�QYAU Aaydg �khq Deputy City Cork RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item /M B-1 D-1 D-1 D-2 D-3 D-4 C CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 &&09 No one wished to be heard during the Open Comment Period. Mayor Canfield announced that the City of Rochester is the recipient of the Second Annual Housing Award from the Rochester Area Housing Council. Councilmember Stobaugh had accepted the award on behalf of the City. The award was given due to the fact that the City has been instrumental in its implementation of meeting the housing needs for its working citizens. 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, Hanson seconded, to approve the following consent agenda items. See at the end of D Items. See at end of D Items.. Adopted Resolution No.763-01 approving mileage allowances for the Council President of $110 per month and Councilmembers of $95 per month. Approved amendment to RCO 107 on Lawful Gambling in the City of Rochester clarifying language and requiring reporting on prescribed forms supplied by the City Clerk and instructed the City Attorney to prepare the required ordinance for adoption. Approved the following licenses and miscellaneous street activities: Gambling — Temporary Elton Hills PTSA — Raffle — January 24 and February 21, 2002 American Heart Association — Raffle — February 23, 2002 Gambling — Premise Permit Renewals Rochester Juvenile Hockey Association at Mugzee's, North Star Bar, Holiday Inn South, CJ's Midtown Lounge, Olmsted County Fairgrounds and Bon's Buffet Olmsted County Hockey Association at Mugzee's Bar Miscellaneous Street Use Dr. Martin Luther King, Jr. Commemorative March — January 21, 2002 January 1. 2002 Annual License Renewals Bus 1 Chickens 1 Heating, Ventilating & 115 Air Conditioning Master Installer 170 Master Plumber 64 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6010 Regular Adjourned Meeting No. 25 — December 17, 2001 Agenda Item Motion Picture 30 Pawnbroker 3 Pigeons 4 Sewer & Drains 54 Sidewalks 82 Signs 27 Taxicabs 1 D-6 Approved the transfer of the On -Sale Intoxicating and Sunday Liquor from B & D of Minnesota, Inc. DBA Famous Dave's BBQ Shack to Rivervalley BBQ, Inc. D-7 Adopted Resolution No. 764-01 granting the Mayor and City Clerk authority to sign Civic Music contracts that have been negotiated and/or prepared and approved as to content by Civic Music's general manager and approved by the City Attorney. D-8 Adopted Resolution No. 765-01 authorizing the Mayor and City Clerk to execute a Local License Agreement for Local Government Agencies with the American Society of Composers, Authors and Publishers for the calendar year beginning January 1, 2002. D-9 Adopted Resolution No. 766-01 approving Change Order #1 with Swanson Youngdale for skyway bridge painting in the amount of $3810 and authorizing the Mayor and City Clerk to sign such documents. D-10 Approved Accounts Payable in the amount of $2,124,541.11. D-11 Adopted Resolution No. 767-01 granting a wage increase for cost of living of 3 percent and consideration for merit increases of 0-2 percent for City employees not covered by any collective bargaining agreement or meet and confer agreement effective January 1, 2002. D-12 Adopted Resolution No. 768-01 approving the Cooperative Agreement with the Rochester Olmsted Council of Governments (ROCOG) for Transportation Planning Activities for 2002-2003. D-13 Approved the name change of Royal Lane N.W. to Royal Place N.W. and instructed the City Attorney to prepare the required ordinance for adoption. D-14 Adopted Resolution No. 769-01 approving Orderly Annexation Petition #01-23 for Thien Estates Property located in the North side of Eastwood Road S.E. and east of Harbor Drive S.E. in Marion Township. D-15 Adopted Resolution No. 770-01 approving the Development Agreement for the Waste Management of Minnesota Property in the Airport Industrial Park. D-16 Adopted Resolution No. 771-01 scheduling a public hearing on January 7, 2002, to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 3rd street S.W./700 Block and 7th Avenue S.W./300 Block and 4th Street II S.W./600 Block. 1 F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 Adopted Resolution No. 772-01 adding Paragraph 2 of Section Q "Temporary Street Closings" to the Comprehensive Traffic and Parking Resolution Book, to read: 2) 5th Avenue SE/500 Block to be closed each school day from 3:15 PM to 4:00 PM, with buses exempt. Adopted Resolution No. 773-01 approving entering into a Professional Services Agreement with Yaggy Colby Associates for Final Design of Project No. J-2245 "Design of 3`d Avenue S.E. from 4th Street S.E. to 12th Street S.E." at a cost of $40,000. Adopted Resolution No. 774-01 approving entering into a Professional Services Agreement with Bonestroo and Associates for preliminary design analysis services in an amount not to exceed $15,000 for Project No. J-2468 "Design of Regional Stormwater Ponds for area west of 50th Avenue N.W.". Adopted Resolution No. 775-01 authorizing payment of Supplemental Agreement #1 in the amount of $8,861.45 with Winona Mechanical for Project No. 8316-98 (J- 2454) "Construction of Drainage Ditch and Storm Sewer in South Park". See at end of D Items. Adopted Resolution No. 776-01 authorizing payment of Supplementary Agreement #1 with Fraser Construction in the amount of $8,100 for Project No. SW-M005 (J- 2465) "Bamber Lake Area Pond". Adopted Resolution No. 777-01 authorizing execution of a Pedestrian Facilities and Drive Approach Agreement with Robnik LLP for property in the NE %, Section 26- 107N-14W known as Moody's Impound Lot. Adopted Resolution No. 778-01 authorizing execution of a Pedestrian Facilities and Driveway Approach Agreement with Olmsted Medical Center for part of Lot 18, Auditor's Plat A. Adopted Resolution No. 779-01 accepting voluntary participation in the City's Regional Storm Water Management Plan by The Amish Store and RC Properties. Adopted Resolution No. 780-01 authorizing execution of a City/Owner Contract with Kevin Duckett and Zenke, Inc. for Project J-9872 "Watermain to Serve Bandel Business Center' See at end of D Items. Adopted Resolution No. 781-01 approving the contract with Rochester City Lines for 2002 at a maximum amount of $1,323,521. prpp- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 Agenda Item D-29 D-1 D-2 D-21 Adopted Resolution No. 782-01 authorizing payment in the amount of $41,500 to the Olmsted County Historical Society for property to construct a regional storm water management facility. Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh noted that items E-1 and E-2 in the November 19, 2001, minutes did not show the number of the nays during the voting of the motions. He asked that those be noted. Councilmembers Stobaugh moved, Evans seconded, to approve the minutes of the November 19 and December 3, 2001, minutes. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the additional monies from the CDBG 2002 allocation be used for the community police program rather than shelter accessibility modifications. Terry Spaeth, Administrative Assistant, said that the grant administrator could check into the possibility of an alternate use of the additional $29,000 in funding and report to the Council their options at the January 7, 2002, meeting. Councilmembers Senjem moved, Stobaugh seconded, to table the amendment to the CDBG allocation until the January 7, 2002, meeting. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the additional monies needed is the City share or if the cost is a part of the property owners responsibility. Mike Nigbur, Public Works, said that the amount is the City's share as the neighborhood property owners were all assessed $1000 per lot. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 783-01 authorizing payment of Supplemental Agreement #1 with Winona Mechanical in the amount of $5,179,90 for Project No. M1-18 (J-9777) "Fox Valley Drive S.W. — Traffic Calming". Ayes (7), Nays (0). Motion carried. D-27 Councilmember Senjem asked if the demonstration route is successful after a six- month period the route would be made permanent for the public. Tony Knauer, Transportation Department, stated that although the route is demonstration for six months, Mayo's commitment is beyond that time as long as it is successful. The route is for public use but is of great benefit to Mayo. Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 784-01 approving the proposed changes to Route 6 for Rochester City Lines modifying Route 6B and establishing a demonstration Route 6D. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-1 1 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 A Hearing on the Adoption of the 2002 Tax Levy, 2002 Budget and 2002-2007 Capital Improvement Projects. Steve Kvenvold, City Administrator, gave a brief summary of the recommended 2002 budget for the City of Rochester. He stated that Rochester continues to be one of the fastest growing communities in the State. The continued rapid growth affects the service demands placed upon the City by the citizens. In comparing the actual statistics over a ten year period, the number of paved streets has increased 48 percent, the miles of sidewalks increased 23 percent, sanitary sewer increased 26 percent, parks increased 8 percent, areas of the City increased 43 percent, population increased by 18 percent, City employees increased by 13 percent and the City employment per 1000 has decreased about 4 percent. Mr. Kvenvold then showed slides appropriating the proposed $126.4 million budget in various categories including employment, supplies and materials, and capital improvements and then by various functions including public safety, public works, airport, leisure time, library, sewer utility, debit service, capital projects, general government and other. Mr. Kvenvold said that even though the levy is proposed to be raised, the increase will not affect residential assessed value. Wishing to be heard was Colleen Vaneps, 707 11 %2 Street S.W. She indicated that her estimated property taxes had been raised; her home is valued under $120,000. She said it was her understanding that homes valued between $120,000 and $240,000 were given a decrease in taxes. Last year her taxes were up 7 percent; this year they will be up 18.5 percent. Ms. Vaneps asked where the homeowner with a smaller home valuation goes when they need something. She said that citizens will not see a property tax cut if local governments decide to levy higher taxes. Ms. Vaneps felt that local surpluses should be used rather than levying higher tax amounts. Wishing to be heard was John Reynolds, 3524 Sixth Place N.W. Mr. Reynolds said he is concerned about the size of the levy. He said that everyone he had spoken with indicated that the State has cut the local LGA to Rochester by almost $1 million but the budget is an increase of over $3 million from last year. There are concerns with the economy, businesses are laying off; there may be areas within City departments where cuts could be made. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Hansen seconded, to adopt Resolution No. 785-01 approving the 2002 Property Tax Levy of $22,480,055, Resolution No. 786-01 approving the 2002 Total Budget of $126,433,495, and Resolution No. 787-01 approving the 2002-2007 Capital Improvements Program with one amendment to add one additional clerk -typist to the City Clerk's Office by using the salary of $20,000 for the affirmative action person shared with the County and school district, approximately $7950 from the Neighborhood Association and the remainder of the needed funds to come from the 2001 Contingency Account. Discussion. &13/3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA loaf Regular Adjourned Meeting No. 25 — December 17, 2001 Agenda Item E-2 Councilmember Senjem referred to the Rochester Township annexation that the City intends to levy to approximately $400,000. Rochester Township is owed $120,000 leaving $280,000 to serve the parcel. Councilmember Senjem moved to amend the original motion to levy $300,000 rather than $400,000 for the parcel. Motion died for lack of second. Councilmember McConnell stated that he was deeply disappointed in the proposed budget. He noted that the State reduced by 25 percent taxes and took over the education budget. However, the huge tax decrease has been forgotten. Mr. McConnell said that we are in a recession and yet City government is proposing an increase of 18.5 percent in the budget. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing on Rochester Urban Service Area Land Use Plan Map Amendment #01-06, by Western Walls, Inc. to amend the Plan from "Medium Density Residential" to "Commercial' on property located along the north side of 2"d Street and along the west side of 23rd Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 788-01 approving Rochester Urban Service Area Land Use Plan Map Amendment #01-06, by Western Walls, Inc. Discussion. It was noted that 23rd Avenue will not be a collector street in that it will be a cul-de- sac that will end up in a parking lot and park. The County will not give access to Second Street to this particular corner. The development agreement also restricts access from Second Street as well and the road will be redesigned to handle the increased traffic load. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Hanson seconded, to refer Criteria 1 of the Land Use Amendment process to Planning and Zoning for review. Ayes (7), Nays (0). Motion carried. E-3 A Continued Hearing on Zoning District Amendment #01-13 by Western Walls, Inc. to rezone from the B-5 to the B-4 land located along the north side of 2"d Street and along the west side of 23rd Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment #01-13 by Western Walls, Inc., instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order and to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 650- 1 Agenda Item E-4 E-5 E-7 A Continued Hearing on an Amendment to General Development Plan #155 by Western Walls, Inc. known as Grandville at Cascade Lake to change the commercial use in the southeast corner of the development located along the north side of 2"d Street and along the west side of 23rd Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve an Amendment to General Development Plan #155 by Western Walls, Inc. known as Grandville at Cascade Lake 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 Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge located along the west side of Superior Drive N.W., north of Heritage Place N.W. The Public Works staff asked that the item be continued due to outstanding conditions of payment. Mike Nigbur, Public Works Department, indicated that the applicant was in agreement with the continuation. No one wished to be heard at this time. Councilmembers Evans moved, Marcoux seconded, to continue the hearing on Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge to the January 7, 2002, meeting. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #01-13 by Marigold Foods, LLC, to vacate a portion of the alIv in Block A located east of North Broadway, south of 6`h Street N.E. and west of 1s Avenue N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Marcoux, seconded, to adopt Resolution No. 789-01 approving Vacation Petition #01-13 by Marigold Foods, LLC. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. M1-30 (J-9791) "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision". Wishing to be heard was Nordeen Soma, 629 Southtown Heights Drive S.W. Mr. Soma noted that he has two different properties; 2 lots are included in the sewer/water project and in Southtown Heights Subdivision, the other two lots are included in the project but are not part of the Southtown Heights Subdivision. No roads are accessible to the back two lots unless an easement would be granted across his property. He asked if the Council was proposing to serve these lots and why they were included if not in the Subdivision. Mr. Soma also wondered why storm water issues were not addressed and added at the same time so that the street did not need to be reconstructed when another project came through. r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 I I Agenda Item G-2a G-2b G-2c G-3a Jim Loehr, Public Works Department; stated that the stubbing for the sewer/water service would be put in at the property line (street) but that it was the responsibility of Mr. Soma to run the lines to the back property. Those two lots would also not qualify for the water quality program as no existing structure is contained on them. Wishing to be heard was Connie Soma, 629 Southtown Heights Drive S.W. She asked if the back lots had to be stubbed in since they were not part of the subdivision. Mr. Loehr responded that if the Soma's desired, those lots would be removed from the project. Wishing to be heard was Eleanor Berg, 638 Southtown Heights Drive S.W. Ms. Berg understood that the present sewer needed to be capped but desired to keep her well in operating order. She was told that she could do so if it met certain health department criteria and that an annual well maintenance fee would need to be paid. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 790-01 approving Local Improvement Project No. M1-30 (J-9791) "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision". Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sections 107.02 and 107.03 of the Rochester Code of Ordinances, Relating to the Expenditure of Gambling Gross Profits Within the City of Rochester, was given a first reading. Councilmembers Stobaugh moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading 1 Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Stobaugh moved, Hanson 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 Royal Lane N.W., Platted in Royal Plaza to Royal Place N.W., was given a first i reading. Councilmembers Evans moved, Marcoux seconded, to suspend the rules and give the Ordinance as second reading. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the B-5 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. (Along the North Side of Second Street S.W., Along the West Side of 23`d Avenue S.W.) 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 Development Manual of the City of Rochester, Minnesota, was given a second 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — December 17, 2001 6 317 1 11 Agenda Item reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East side of East River Road N.E., % mile north of 37th Street N.E.; adjacent to the RPU Office Center) G-3b An Ordinance Annexing to the City of Rochester a Portion of the Southwest Quarter of the Southeast Quarter of Section 19, the Southwest Quarter of the Southwest Quarter of Section 20, the Northwest Quarter of Section 29, and the Northeast Quarter of Section 30, Township 107 North, Range 14 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 (East and west sides of 50th Avenue N.W. and north of 19th Street N.W.) G-3c An Ordinance Creating and Enacting Sections 62.2721, 62.2722 and 62.396, Amending and Reenacting Sections 60.200, 61.115, 62.390 and 62.395 and Repealing Section 62.272 of the Rochester Code of Ordinances Relating to Storage Containers, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Senjem voted nay. Having no further business, Councilmembers Evans moved, Senjem seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. NIX./ City Clerk