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HomeMy WebLinkAbout2002 Minutesr- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 318 Annual Meeting No. 1 — January 7, 2002 Agenda Item A-1 B-1 D-1 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. 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. I believe that the year 2002 will be a year of challenges for the City of Rochester and will possibly be a time of significant changes. I would like to share some thoughts on five areas that I believe will cause the challenges and the changes. First and foremost is the DM&E Railroad. The City government will continue to do what we can to protect the quality of life, pubic safety and economic health of this City. The DM&E along with the STB is telling all of you that we have to surrender our quality of life so that they can upgrade a third rate railroad. They propose to literally divide our neighborhoods and our community so they can make more money and leave us to bear not only mitigation costs but all of the indirect costs as well as waiting at crossings 37 times a day and increased noise from 100 car coal trains thundering through your neighborhoods just a few feet away from hundreds of your homes. 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 Mayo 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's coal train proposal. If, however, the project is approved, then, in my opinion, 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. We will continue to explore all options to address the significant concerns that this project poses for Rochester. We recognize that at times this process appears to be a very uphill battle for our community. However, we have not given up hope and we remain resolved to do our best to prevent the great harm to Rochester that would be caused by increased train traffic through the City. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 'CITYOF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6 319 (Agenda Item 1 Second, Land Use. The future of this community and the economic health of its businesses are dependent upon the ability of the city to grow. While this causes some inevitable conflicts, it is a necessary process. Without new development at an urban density on city water and sewer services the growth of the City would stop. We need to ensure that growth by defending the ability of the City to grow. We hope to resolve any growth issues in a cooperative manner if at all possible. However, if the growth of the city is threatened by legal or other actions commenced by adjacent township governments, the city will defend itself vigorously as we have done in the past. Third. Downtown Development. The 2001 changes to the property tax system have had a significant impact on the financial tools available to redevelop our downtown and to attract new business and industry. The greatest impact is on downtown redevelopment efforts. Redeveloping our downtown has been a priority for over 30 years. Having a vital and functional downtown is critical to the City's major medical, hotel and retail employers. The significant reductions in tax increment financing receipts from new downtown development will make it extremely difficult to undertake any future downtown redevelopment projects. This is a significant concern that perhaps only the state legislature can address. Fourth, the looming State Financial Crisis. Local government has not contributed to the State of Minnesota financial crisis. However, from statements that have been made, it appears that local government will be involved in funding a solution. If that is indeed the case we would caution the State to first, find the most uniform way to accomplish this, one that is fair to all local governments and second, to consider a balance of cuts and revenue enhancements to solve the crisis. We are concerned that if only reductions are utilized it will result in severe cutbacks to schools or local government services that will cause lasting damage to the future of Cities and the State. The interest expressed by some to grab local government surplus reserves will damage the financial health and bond rating of those governments. It will do us no good to improve the financial picture of the State government by wrecking the financial health of the cities, counties and schools. Fifth. Public Safety Concerns. Since the September 111h bombings all of the citizens of the City have first struggled to understand WHY and are now dealing with the new safety concerns and the ongoing costs that are involved in protecting our citizens and our visitors. We have police at the airport everyday, have given up our new short-term parking lot and are doing simulations of bomb blasts at the airport, all with no Federal funding. Another part of this public safety concern is the cutbacks by the State of the Hazardous Materials Team funding. With the DM&E having the ability to haul hazardous materials through our downtown and our neighborhoods and the concerns of Bio-Terrorism, it seems to be a poor time to cut back on Public Safety funding. 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. 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. RECORD OF OFFICIAL' PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6320 Annual Meeting No. 1 — January 7, 2002 Agenda Item M D-3 Thank you. Councilmembers Hanson moved, Evans seconded, to adopt the following resolutions: Resolution No. 001-02 adopting the Robert Rules of Order for the conduct of business by the Council. Resolution No. 002-02 adopting the Rules and Regulations for Order of Business of the Council. Resolution No. 003-02 establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Resolution No. 004-02 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 Senjem moved, Marcoux seconded, to approve the following appointments to Committees by President Hunziker. ROCOG BD OF EQUALIZATION Mayor Canfield Hanson, Chair Hanson Evans Marcoux Senjem McConnell Senjem RAEDI CONVENTION BUREAU Evans Senjem Marcoux Hunziker HRA RPU Evans Hunziker STRATEGIC PLANNING Hunziker Marcoux Stobaugh PASC Senjem McConnell AIRPORT COMMISSION Hunziker ENVIRONMENTAL DOWNTOWN DEVELOP YOUTH COMMISSION Senjem Stobaugh Hanson McConnell PERSONNEL ADVISORY COM JOINT EMERGENCY MGMT Evans, Chair Marcoux Hanson McConnell Stobaugh OLMSTED CO SOCIAL SERVICE ADVISORY BD Stobaugh r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6321 Agenda Item Ayes (7), Nays (0). Motion carried. D-4 The following State of the City address was given by Mayor Charles J. Canfield. 2002 State of the City — Chuck Canfield If you know where you stand — You can see where to go. Like most of you I will never forget where I was the morning of September 111h. I was hosting a celebration of our new Exhibition Hall at the Mayo Civic Center. Our attention was called to the big TV monitor because an airplane had struck one of the World Trade Center Towers. We watched in horror as another airplane crashed through the second tower. I asked the crowd to gather together to pray for the people of New York and Washington D.C. I said that there would be a time for celebration at a later date but that this was a time to go back to work. The City would stay open its usual hours and we should return to our usual duties. I had trouble taking my own advice, I couldn't stay away from the news broadcasts, wanted to help the people of this city feel secure again but I didn't know how to begin. Then, on the news I saw this boy, Andy Mulholland, standing on the 55th Street Bridge holding an American flag at half-staff. Wasn't that amazing! This young man knew instinctively what he could do to encourage all these people driving down Highway 52 on this terrible day. He honored those who died and he showed his own fearless confidence in his country. It seemed so natural for Andy. I thought: If you know where you stand — You can see where to go. By Andy's example I was able to get back to work again. (Mayor Canfield then introduced Andy Mulholland to the audience.) As this Council, City Staff, Planning Department and I lead our Community in the years ahead I will always remember "Where do I stand" before I look for a solution. In 2002 1 will focus on four principal issues. (1) The City has expended significant energy and some city dollars to try to prevent the DM & E coal trains from coming through Rochester. The dollars we have spent is small when compared to the estimated annual loss to our economy if the coal trains come through. Many of our citizens and major employers have characterized the DM & E project as posing the greatest threat to Rochester since the flood of 1978. 1 agree. It is my belief that there is no feasible way for this community to accommodate or mitigate the damages that would be caused to our major employer, Mayo Clinic, or the damages to the citizens and visitors that need health care, or to the citizens whose public safety and emergency services would be impaired by increased train traffic. I know where I stand. We must do whatever it takes to get a plan inplace that does not tear this city in half. (2) The State of Minnesota and the City have the opportunity to start the reconstruction of Hwy 52 this June and complete the project by December of 2007. This project will require significant cooperation between the MnDOT and the City, resulting in the adoption of an agreement for the project. The City will work to develop a fair agreement that provides for the best possible project RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6322 Annual Meeting No. 1 — January 7, 2002 Agenda Item at an affordable cost to the Rochester citizens. The project cannot proceed if imposes an unreasonable financial burden on the City. If you know where yol stand, you can also see where should not go. (3) As plans are made for our nation Homeland Security the responsibility must fall on our Metro and Regional Cente Cities. We have the professional Fire Departments, Police, and public work experts already in place. A new bureaucracy is not necessary. I have talked ti Mayors at the December National League of Cities meeting and the consensus i that the Cities are equal to the task. We would expect the State and Feder governments to understand what is required and support our efforts. (4) We ente 2002 as a city of over 90 thousand people. Rochester is the third largest city ii Minnesota. Our population increases by about 2% per year which is a healthy ani manageable growth. We are more accustomed to different ethnicities and culture than in the past. As we now often work side by side with our new citizens, there an smoother transitions. In the last three years we have added one billion two hundred and four million dollars of new construction including 2145 new homes and 1784 new apartments. We are more deeply involved in planned growth and smart, ecologically sensitive growth then ever before. There are several logical development areas around our city. One area has been called the Northwest Territory. It will handle some of our growth in the next fifty years. It will include commercial development on arterial streets, industry on the nearby highways, places for schools next to parks, apartments townhouses and individual homes in many price ranges. Peopl( will be able to walk to work, walk to school and walk to the grocery store. The transition between land uses will be in the plans to reduce surprises for the homeowners. The landowners and developers will be invited to help put the plans together. This neighborhood of the future will be a wonderful place to live. It may remind many of us of a great time in our past. If you want to help plan our future call my office for an application. I will appoint two new members to the Planning and Zoning Commission this winter. In conclusion: I want to emphasize that it is the people of this city that make Rochester a special place. You volunteer for activities in your places of worship, you coach our kids, you help in the schools and serve on city committees. Many of you are active in our Neighborhood organizations, crime watch areas, and you make our Community Policing Partnership with our citizens possible. Crime continues to drop and police officers give me glowing accounts of the help they get from the neighbors. I see people everyday that are helpful, patriotic and know how to stand on their principles. I am proud to work with you and work for you. Thank you very much. I wish you a blessed and Happy New Year. D-5 Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution 005-02 designating the Rochester Post Bulletin as the official newspaper for the City of Rochester for the official year commencing January 7, 2002. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 COUNCIL 6323 Agenda Item D-6-34 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 Councilmembers Hanson moved, Marcoux seconded, to approve the following consent agenda items. Approved the minutes of the December 17, 2001, Council meeting. Approved establishing the following salaries for the Mayor, Councilmember-At- Large and Councilmembers for the 2002 year and instructed the City Attorney to prepare the required ordinance for adoption. Mayor $28,843 Councilmember-At-Large $21,251 Councilmembers $16,631 Adopted Resolution No. 006-02 setting the mileage reimbursement for the Mayor at $155 per month for 2002. Approved the appointment of Mark Utz to the Public Utility Board for the period ending January 2006. See at end of D Items. See at end of D Items. Adopted Resolution No. 007-02 approving the purchase of a Live -Scan Fingerprint System for the Rochester International Airport from Visionics, Corporation, Minnetonka, Minnesota, for a cost of $28,870.00. The equipment is now required by the Federal Aviation Administration. Adopted Resolution No. 008-02 authorizing the Mayor and City Clerk to execute all documents necessary for the construction of a hanger building by Hiawatha Aviation at the Rochester International Airport. Approved the following licenses and miscellaneous activities: Beer — Temporary On -Sale 3.2% Church of St. Pius X — Annual Polka Mass and Dance — February 2, 2002 Dance — Temporary Church of St. Pius X — Annual Polka Mass and Dance — February 2, 2002 Gambling — Temporary Chorale Arts Ensemble — Raffle — February 9, 2002 Church of the Resurrection — Raffle — February 10, 2002 Ben Franklin PTSA — Raffle — February 21 and May 4, 2002 Liquor — Temporary Rochester Public Library Foundation — Fundraiser — February 9, 2002 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 3 2 4 Annual Meeting No. 1 — January 7, 2002 Agenda Item D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Heating, Ventilating & Air Conditioning R & S Heating and Air Conditioning- Savage, Minnesota Master Installer Peter J. Jordan, Shoreview, Minnesota Robert Thielen, Prior Lake, Minnesota Master Plumber Sorensen Company, Bloomington, Minnesota Approved Accounts Payable in the amount of $2,041,138.99. Adopted Resolution No. 009-02 authorizing the execution of three letters of engagement from Smith, Schafer and Associates, Ltd. to audit the City's general purpose financial statements, the Public Utility's statements and the City's Urban Mass Transportation Program for the fiscal year ending December 31, 2001. Adopted Resolution Nos. 010-02 and 011-02 approving the contract with General Chemical for Liquid Aluminum Sulfate for $85,000 and with PVS Technologies, Inc. for Anhydrous Ferric Chloride for $112,756 for the Water Reclamation Plant. Adopted Resolution No. 013-02 for the Fire Department to enter into a contract the State of Minnesota to provide hazardous materials response as a Chemical Assessment Team for the annual amount of $45,000. Adopted Resolution No. 014-02 approving the Labor Agreement for 2002-2004 Local #49, Parks and Recreation. Approved revisions R.C.O. Chapter 111 Pawnbrokers renumbering the Chapter to 111A regulating the pawnbrokers, setting a billable transaction fee and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 015-02 authorizing the Police Department to enroll in the Automated Pawn System Service with the City of Minneapolis as a Data Contributing Licensee. Adopted Resolution No. 016-02 determining that the development known as The Grandview at Cascade Lake does not have the potential for significant environmental effects and that preparation of an environmental impact statement is not mandated in this instance. Approved the renaming of West Soldiers Field Drive (4th Avenue S.W.) to George Gibbs Drive S.W. and instructed the City Attorney to prepare the required ordinan for adoption. Adopted the following Public Utility resolutions: 1 RECORD OF -OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6325 1 Agenda Item D-25 D-26 Resolution No. 017-02 approving an agreement with Siemens Westinghouse for Row 1 Vane Repairs to the Westinghouse Gas Turbine 251 B2 at an amount of $75,254.00. Resolution No. 018-02 approving a contract agreement with L.E. Meyers Company. for Chester Substation upgrade in an amount of $327,517.43. Resolution No. 019-02 approving a contract agreement with Ultrapure for water treatment equipment procurement for the Mayo steam sale project in the amount of $429,901. Resolution No. 020-02 approving an insurance agreement with Starr Technical Risks Agency, Inc. for a All Risk Property Insurance policy from December 31, 2001 to December 31, 2002 for a cost of $360,526.00. Resolution No. 021-02 approving an insurance agreement with the League of Minnesota Cities Insurance Trust for a Commercial Automobile and General Liability Insurance Policy from December 31, 2001 to December 31, 2002 for a cost of $105,182.00. Resolution No. 022-02 approving an insurance agreement with Associated Electric and Gas Insurance Services for Excess General Liability Insurance from December 31, 2001 to December 31, 2002 for a cost of $42,696.00. Resolution No. 023-02 approving a purchase order with the Minnesota Municipal Utilities Association for 2002 OSHA Compliance and Safety Training in an amount of $41,325.98. Resolution No. 024-02 approving the 2002 RPU electric and water capital and operating budget. Adopted Resolution No. 025-02 approving the awarding of the contract for Project No. J-2036 "Demolition of Four 8-Plex Buildings in Eastwood Village" to Wickenhauser Excavating, Inc. at a cost of $54,500.00. Adopted Resolution No. 026-02 amending Paragraphs 4 and 16 of Section D "Truck Loading Zones" and adding Paragraph 30 to Section E Passenger Loading Zones to read: (4) In the alley serving the Galleria Loading Dock, from the alley gates south to the entrance to the 100 First Avenue Building Lot, from 9:30 AM to 2:00 AM. (16) 2"d Street SW in the 10 Block on the North Side of the Street from Broadway to 40 Feet West of the Alley, from 6:00 AM to 11:00 AM, Monday through Friday. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6326 Annual Meeting No. 1 — January 7, 2002 Agenda Item (30) Second Street SW in the 10 block on the north side of the street from Broadway to 40 feet west of the alley, from 11:00 AM to 2:00 AM, All Days. D-27 Adopted Resolution No. 027-02 accepting the proposal of Yaggy-Colby Associates of Rochester to provide Professional Engineering Services for Project No. J- 6323 "Traffic Signal Installation on County Road #22 and 415t Street N.W." D-28 Adopted Resolution No.028-02 approving a Pedestrian Facilities Agreement with Christ Community Church for property in the N1/2 of Section 17-107N-14W along the entire frontage of the property abutting 55th Street N.W. D-29 Adopted Resolution No. 029-02 authorizing execution of the Development Agreement with Arcon Development for the Shannon Oaks Subdivision located south of Viola Road N.E. and East of Century High School. D-30 Adopted Resolution No. 030-02 accepting a Feasibility Report and entering into a Design Engineering Service Agreement with Yaggy-Colby Associates for Project No. M1-95 (J-9869) "Bear Creek Sub-Trunkline Sanitary Sewer to Serve Portions of Sewer Service Area 16 in Marion Township". D-31 Adopted Resolution No. 031-02 approving an agreement with Thermo MeasureTech of Round Rock, Texas for the removal and disposal of a nuclear density meter at the Water Reclamation Plant for a cost of $3,060.00. D-32 See at end of D Items. D-33 Approved the expenditure of $1260 from the 2002 Contingency Account for the RADAR nine -ball event at the Mayo Civic Center. D-34 Adopted Resolution No. 032-02 approving the execution of an Agreement with the United Way for donation of used computer equipment to the United Way. Ayes (7), Nays (0). Motion carried D-10 Councilmember McConnell noted that he would abstain from voting on the compensation for department heads. He said that it lumps together sensible pay raises, which he approves, and a 0-5% merit system which is beyond Council control. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 033-02 setting for the terms of the department heads' meet and confer agreement for their 2002 compensation and granting the City Attorney's position the same compensation terms. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. D-11 Councilmember McConnell said that he had sensed no support for the proposal for reclassification of the department head grades. He said that it establishes a 1 RECORD OF"OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6327 1 Agenda Item D-32 E-1 "pecking order". Councilmember McConnell did not feel that consultants were necessary for the establishment of the proposal. Councilmember Hanson moved, Stobaugh seconded, to adopt Resolution No. 034- 02 approving the proposed department head classification as amended. Discussion. Councilmember Senjem asked for an explanation of the ranges as proposed and the adjustments that were made to them. Linda Gilsrud, Human Resources Director, said that when the outside pay surveys were reviewed it was found that for this level of position our ranges extended 60 percent rather than 50 percent from minimum to maximum. In answer to a question from Councilmember McConnell, Ms. Gilsrud explained that pay zone 1 is a part of the level for the relatively new department head who has little or no experience dealing with a department head level position. She noted that the consultant was paid $9700 for his expertise in developing the study which had not previously been done for 18 years. Ms. Gilsrud said that there are no automatic steps as in other union scales; the person receives a cost -of -living and, possibly, a merit based on the 0-5% scale. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Councilmember McConnell objected to retaining Dunlap and Seeger Law Office and John Wade as legislative consultants at the rate of $7500 per month each. He said that he sees no sense of anything approaching community volunteerism in these rates for work that may not do any good; he thought that perhaps of cost of one-half the quoted rate would be appropriate. Councilmember Evans, Hanson and Senjem said that with the upcoming legislative session issues with DM&E, hotel/motel taxes, and other important issues that it is vital to have someone adequately represent us. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 035-02 retaining the Dunlap and Seeger Law Firm and John Wade at $7500 per month each as consultants for legislative concerns. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing on Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge Townhomes CIC 182 located along the west side of Superior Drive N.W., north of Heritage Place N.W. Staff requested that the hearing be continued at the January 23, 2002, meeting to allow the applicant to fulfill the obligations required by Public Works. Councilmembers Hanson moved, McConnell seconded, to continue the Hearing on Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge Townhomes CIC 182 to the January 23, 2002, meeting. Ayes (7), Nays (0). Motion carried. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6328 Annual Meeting No. 1 — January 7, 2002 Agenda Item E-2 E-3 E-4 E-5 A Hearing on Type III, Phase II General Development Plan #168 by Rodney Younge and Platinum Development Group to be known as Folwell Ridge Townhomes located south of 3`d Street SW, west of 215t Avenue SW and east of 23`d Avenue SW. Staff requested that the hearing be remanded back to the Planning and Zoning Commission to consider additional information from the Transportation staff. Councilmembers Stobaugh moved, Marcoux seconded, to remand Type III, Phase II General Development Plan #168 by Rodney Younge and Platinum Development Group to be known as Folwell Ridge Townhomes back to the Planning and Zoning Commission to consider additional information from the Transportation staff made available following their last meeting. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #01-14 by Rodney Younge and Platinum Development Group to rezone from R-1 to R-1X property located south of 3rd Stree SW, west of 21 st Avenue SW and east of 23rd Avenue SW. Staff requested that the hearing be remanded back to the Planning and Zoning Commission to consider additional information from the Transportation staff. Councilmembers Hanson moved, Evans seconded, to remand back to the Planning and Zoning Commission Zoning District Amendment #01-14 by Rodney Younge and Platinum Development Group to consider additional information from the Transportation staff made available following their last meeting. Ayes (7), Nays (0; Motion carried. A Hearing on Type III, Phase II Amendment to General Development Plan #145 by Ron Yanish known as Salem Heights located west of Woodland Drive SW, north of Salem Road SW and south of Baihly Woodland 7th Subdivision. Wishing to be heard was Kyle Skov, Yaggy-Colby Associates, representing the developer. He noted approval of the eleven conditions on pages 108, 109, and 1 and recommended by the Planning and Zoning Commission. 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 #145 by Ron Yanish known as Salem Heights with eleven 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 #01-15 by Ron Yanish to rezone from R to R-1x property located west of Woodland Drive SW, north of Salem Road SW an( south of Baihly Woodland 71h Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF, THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6329 Agenda Item Councilmembers Marcoux moved, Stobaugh seconded, to approve Zoning District Amendment #01-15 by Ron Yanish and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Preliminary Plan #01-50 by BBB Development, LLC to be known as Ridgeview Manor Second located west of 50th Avenue NW and north of Weatherstone Development. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff noted that they were in agreement with the five conditions. He also noted that the pond in the development will be a public facility and not private. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to approve Preliminary Plan #01-50 by BBB Development, LLC to be known as Ridgeview Manor Second with five 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 Final Plat #01-27 by Dewitz Construction, Inc. to be known as Diamond Ridge Commercial Park located along the south side of TH 14, west of 38th Avenue NW and north of Diamond Ridge Development. Wishing to be heard was Jay Millman, 4433 Tenth Street N.W. Mrs. Millman noted that he had received notice of the hearing but had not had a chance to look fully into the project. His concern was whether or not there would be any blasting occurring. He was also concerned that commercial development might be allowed that would produce fumes and other odors. Brent Svenby, Planning Department, noted that commercial development might be a possibility under the present zoning but that such a development would need to have public hearings before the Planning and Zoning Commission of which Mr. Millman would receive notice. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 036- 02 approving Final Plat #01-27 by Dewitz Construction, Inc. to be known as Diamond Ridge Commercial Park with two conditions; condition number one amended. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on Annexation Petition #01-24 by Jon and Joan Swanson to annex property located in a part of the E 1/2 of the SW % of Section 4, Marion Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #01-24 by Jon and Joan Swanson and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. t rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6330 Annual Meeting No. 1 — January 7, 2002 Agenda Item E-9 E-10 E-11 A Hearing to Consider the Proposed Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on the 700 Block of Td Street SW, the 300 Block 7th Avenue SW and the 600 Block of 41h Street SW. Wishing to be heard was Martha McClees, 711 7th Street S.W. Ms. McClees noted that she owns property at 310 Seventh Avenue S.W. and that she is in favor of the permit parking zone. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 037- 02 approving the Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on the 700 Block of 3rd Street SW, the 300 Block of 7th Avenue SW and the 600 Block of 4th Street SW. and adding Paragraphs 9, 10 and 11 to Zone #6 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, to read: (9) Seventh Avenue SW/300 Block, on the east side of the street, from Third Street south to the alley. (10) Third Street SW/600 Block, on the south side of the street. (11) Fourth Street SW/600 Block, on the north side of the street, from Sixth Avenue to a point 260 feet more or less west of Sixth Avenue. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6217.5-4-02 (J-9842) "Curb, Gutter and Overlay on 17 %2 Street N.W. from 21 st Avenue N.W. to 19th Avenue N.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 0 02 ordering Project No. 6217.5-4-02 (J-9842) "Curb, Gutter and Overlay on 17 %2 Street N.W. from 21 st Avenue N.W. to 19th Avenue N.W." to be made. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Local Improvement Project No. 6217.5-4-02 (J-9842) "Curb, Gutter and Overlay on 17 %2 Street N.W. from 21st Avenue N.W. to 19th Avenue N.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 039-02 approving the proposed assessment for Project No. 6217.5-4-02 (J-9842) "Curb, Gutter and Overlay on 17 %2 Street N.W. from 21st Avenue N.W. to 19th Avenue N.W." Ayes (7), Nays (0). Motion carried. L RECORD'OF1 OFFICIALt PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 — January 7, 2002 6331 1 Agenda Item President Hunziker recognized Boy Scout Troop #186 from St. Francis School in the audience. F-1 Councilmember McConnell noted that he would not approve the findings because he believes that there is a fundamental issue of unfairness; it is too much of a burden on the homeowner if approved. If the City develops a storm water ordinance, all people would have to pay for it and not just the developer. Councilmember Senjem also noted that he would not be voting in favor of the findings. He did not feel that he could explain to the home owners why they were responsible for the charges of the pond and other people in the town are not. Councilmember Senjem said that we should approach storm water as a public utility rather than an individual charge. Terry Adkins, City Attorney, pointed out that by adopting the Findings document as to this specific case, the Council was not foreclosed from revisiting the issue of storm water management. Councilmembers Stobaugh moved, Marcoux seconded, to approve the Findings of Fact, Conclusions of Law, and Order for Requested Rescission of a Condition of Approval in Final Plat for Essex Estates 5th Subdivision. Ayes (7), Nays (2). Motion carried. Councilmembers McConnell and Senjem voted nay. G-2a An Ordinance Establishing the Salaries of the Mayor, Councilmember-At-Large, and Councilmember, was given a first reading. G-2b An Ordinance Revising Chapter 111, Renumbering to Chapter 111A, Regulating Pawnbrokers in the City of Rochester G-2c An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of West Soldiers Field Drive (Fourth Avenue S.W.) to George Gibbs Drive S.W., was given a first reading. Councilmembers Marcoux moved, Hansen seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2d 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 first reading. (west of Woodland Drive SW, north of Salem Road SW, south of Baihly Woodland 7th Subdivision, Baihly Hills Drive SW and Bell Oaks Lane SW) G-2e An Ordinance Annexing to the City of Rochester Approximately 41.93 Acres of Land Located In a Part of the East Half of the Southwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (south of Highway 14, east of 40th Avenue SE and the Valley Side Estates Development) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6332 Annual Meeting No. 1 — January 7, 2002 Agenda Item G-3a 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 second reading. Councilmembers Stobaugh moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, McConnell seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. i / City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 23, 2002 3 Agenda Item A-1 B-1 C-1 C-2 D-1-25 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, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Mr. Daniel Reynertson, 802 Valleyhigh Road, Byron, representing National Pawn of Rochester, addressed the Council on the proposed pawn ordinance. Mr. Reynertson said that he and other members of the pawnbroker community were unaware of the proposed ordinance as put forth by the Rochester Police Department. He noted that the proposed ordinance would increase the costs for customers and not regulate the second-hand dealers who function in a similar manner as pawnbrokers. He said that the program proposed by the Police Department to trace stolen goods is not as effective and is more costly than other programs available. He asked that the Council schedule a Committee -of -the Whole meeting to allow the pawnbroker community to express their views and to consider alternative systems that might be available to trace stolen items. Councilmembers asked the City Administrator to schedule the topic on a Committee -of -the -Whole meeting in the near future. Councilmember McConnell expressed his displeasure at the recent rate increase proposed by Charter Communications for the television cable system. Other Councilmembers also expressed their dissatisfaction and said that they would welcome any competition for the area. Councilmembers Hansen moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the January 7, 2002, annual Council meeting. Adopted Resolution No. 040-02 approving the renewal of the lease agreement with the Federal Aviation Administration for the air traffic control tower and other office space. Adopted Resolution No. 041-02 approving the ground lease for the Hanger Bar & Grill Restaurant to change the name of the lessee from Hanger Bar & Grill, Inc. to Keefe Properties LLC, Inc. and remove the name of Bruce Retterath from the lease. Adopted Resolution No. 042-02 renewing the agreement between the Rochester Airport Company and the City to authorize the spreading of biological solids from the Water Reclamation Plant on 1025.76 acres of Airport Property. D-5 Approved the issuance of a Public Transportation Franchise to Abukar Hirabe DBA Baker Transportation of Rochester for a three-year period running until December 31, 2005. Q: Approved the following licenses and miscellaneous activities: rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA (p 33 Regular Adjourned Meeting No. 2 — January 23, 2002 Agenda Item D-7 W: M D-10 D-11 D-12 Gambling —Temporary Elton Hills PTSA — Raffle — May 10, 2002 Minnesota Deer Breeders Association, Inc. — Raffle — February 9, 2002 Senior Citizens Services, Inc. — Raffles — January 23, 2002 and September 10, 2002. Zumbro River Waterfowlers — Raffle — February 16, 2002 Church of St. Francis of Assisi — Raffle — May 3, 2002 Gambling — Premise Permit Renewals Community Charities of Minnesota at JJ's Restaurant & Lounge and Recreation Lanes Loyal Order of Moose Lodge #2128, Rochester Master Plumber James Wencl, Wencl Plumbing, Inc., Owatonna On -Sale Intoxicating Liquor —Temporary Bear Creek Services — Fundraiser for and at Rochester Art Center — February 16, 2002 Jim Greely Signs, Richland Center, Wisconsin Sound Amplification Permit Century High School Patriotic Concert — Silver Lake Area — May 29, 2002 Miscellaneous Activities March of Dimes WalkAmerica — April 27, 2002 Approved Accounts Payable in the amount of $2,202,858.52. Accepted a donation of carbon monoxide detectors, smoke detectors, smoke detector batters and fire extinguishers from the Home Depot in the amount of $1998.79 for the Rochester Fire Department. Adopted Resolution No. 043-02 approving the settlement agreement with IBEW Local #949 for 2002-2004. Approved the appointment of Robert Haeussinger to the Planning and Zoning Commission running to December 2004. Adopted Resolution No. 043A-02 approving Orderly Annexation Petition #01-25 by Arcon Development (Shih Property) to annex approximately 78.72 acres of land located along the west side of 181h Avenue N.W., north of the Volunteers of Americo Development and Hunter Hills and east of 24th Avenue N.W. in Cascade Township. Adopted Resolution No. 044-02 approving Orderly Annexation Petition #01-29 by Gary Hayden to annex approximately 66.1 acres of land located south of College View Road, east of Sunnydale Subdivision and north of Sunnydale Number Two in 1 RECORD OF OFFICIAL' PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 23, 2002 6335 Agenda Item D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 View Road, east of Sunnydale Subdivision and north of Sunnydale Number Two in Marion Township. Approved amendments to RCO 101A.18 and 106A.21 pertaining to dangerous and potentially dangerous dogs and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 045-02 entering into the Minnesota Predatory Offender Registration Database Access Agreement with the State of Minnesota through the Department of Public Safety. Adopted Resolution No. 046-02 entering into the Repository of Arrest Photos Access Agreement with the State of Minnesota through the Department of Public Safety. Adopted Resolution Nos. 047-02, 048-02, and 049-02 receiving a feasibility report, and scheduling a Project Hearing and Assessment Hearing for February 20, 2002, for Project No. 6216.5-4-02 (J-9843) "Curb, Gutter & Overlay on 16 Y2 Street N.W. from 21 st Avenue N.W. to 19th Avenue N.W." Adopted Resolution No. 050-02 awarding the Base Bid to Midstate Services, Inc. at $386,981.50 for Project No. SW-M007 (J-2467) "Stormwater Regional Pond Improvements". Adopted Order for Review Resolution No. 051-02 defining the project area boundaries and development scenario for the Marion Road Trunk Sanitary Sewer Project AUAR. Adopted Resolution No. 052-02 approving a Settlement Agreement in the amount of $1200 for Right of Way Acquisition for the Viola Road Bike Path Project No. J- 4940 with the Allreds. Adopted Resolution No. 053-02 approving the Development Agreement for the Diamond Ridge Commercial Park with DeWitz Construction. Adopted Resolution No. 054-02 authorizing the conveyance of a portion of the City's flowage easement rights for the property needed by MnDot in conjunction with the corridor improvement to TH52. Adopted Resolution No. 055-02 entering into a Professional Services Agreement with Yaggy-Colby Associates for preliminary design of Project No. J-9714 "Construction of 23`d Avenue S.W. from 2"d Street S.W. to Fox Valley Drive S.W." Adopted Resolution No. 056-02 amending the Professional Services Agreement with Yaggy-Colby Associates for Preliminary Design of Project No. J-9618 "Reconstruction of Center Street from Zumbro River Bridge West to 3`d Avenue West". See at end of D Items. s rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6336 Regular Adjourned Meeting No. 2 — January 23, 2002 Agenda Item D-25 D-24 E-4 E-5 Adopted Resolution No. 057-02 awarding a contract to Shank Construction, Inc. in the amount of $739,400 for Project Nos. J04388 and J-4399 "Digester Gas and Heating Water Improvements at the Water Reclamation Plant". Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if the City currently has monies available for the City's share to assure all funding needed. City Administrator, Steve Kvenvold, said that the City currently included the City share of the respective projects in the City's Capital Improvement Program. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 058-02 acknowledging the City's support, sponsorship and priority of the State Transportation Improvement Program (STIP) 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. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to move to the front of the hearing agenda items E-4, E-5, and E-6. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-26 by B/S Development to annex property located south of Somerset Hills Subdivision, east of Westchester Hills 1st Subdivision and west of the Manor Wood West Development, Cascade Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Annexation Petition #01-26 by B/S Development and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #01-27 by Hawk Ridge Development, LLC to annex property located south of Pinewood Road SE, west of Schoenfelder's 1st, 2nd and 3`d Additions and east of South Park 1st and 2"d Subdivisions, Marion Township. Wishing to be heard was Mark Grande, 2025 28th Street S.E. Mr. Grande was concerned how development would affect 28th Street; would construction vehicles be using the street while building was occurring. Councilmember Hansen noted that neighborhood meetings will occur prior to any development and he was confident that a haul road would be required. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Hanson seconded, to approve Annexation Petition #01-27 by Hawk Ridge 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 Adjourned Meeting No. 2 — January 23, 2002 6337 1 Agenda Item E-6 E-1 E-2 A Hearing on Annexation Petition #01-28 by Gary Hayden to annex property south of College View Road, north of Highway 14 East and east of Sunnydale Number 2 and East Ridge Subdivision, Marion Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-28 by Gary Hayden and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember Stobaugh noted that he is receiving phone calls about the water table, the runoff from stormwater and the clay soils. He said that there will be more concerns as development proceeds. Wishing to be heard was Gary Hayden, 5420 31st Avenue S.W., owner and developer of the property. One public meeting has been held where questions of a similar nature have arisen. There is a joint effort with the City on the extension of the water and sewer necessary to serve this area. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge Townhomes CIC 182 located along the west side of Superior Drive NW, north of Heritage Place NW. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted agreement with the three conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 059-02 approving Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge Townhomes CIC 182 with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-06 by Countryside Builders to be known as Stonehedge Estates Subdivision located north of East Circle Drive, east of Deerhaven Development and west of Century High School. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He said that they were in agreement with the five conditions and condition #1 as amended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 060-02 approving Final Plat #01-06 by Countryside Builders to be known as Stonehedge Estates Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6338 Regular Adjourned Meeting No. 2 — January 23, 2002 Agenda Item E-3 A Hearing on Final Plat #02-01 by THE Realty to be known as Northwest Plaza Seventh Subdivision located along the south side of 55th Street NW, west of the Kwik Trip convenience store and east of the Merchants National Bank. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 061-02 approving Final Plat #02-01 by THE Realty to be known as Northwest Plaza Seventh Subdivision. Ayes (7), Nays (0). Motion carried. E-7 IA Hearing on Annexation Petition #01-30 by Payne Company to annex property south of 21st Street NE and east of Century Hills Drive NE, Haverhill Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-30 by Payne Company and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-8 IA Hearing on Annexation Petition #01-31 by Charlyne Burks to annex property located north of East Circle Drive and east of 16th Avenue NE, Haverhill Township Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation Petition #01-31 by Charlyne Burks and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. G-2a An Ordinance Creating and Enacting Section 93.00 of the Rochester Code of Ordinances, Relating to the Granting of a Public Transportation Franchise to Abukar Hirabe DBA Bakar Transportation of Rochester, 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 Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2b An Ordinance Amending and Reenacting Subdivisions 7 and 10 of Section 106A.18, and Section 106A.21 of the Rochester Code of Ordinances, Relating to Dangerous and Potentially Dangerous Dogs and the Quarantine of Animals, was given a first reading. G-2c An Ordinance Annexing to the City of Rochester Approximately 37.22 Acres of Land Located In a Part of the Southeast Quarter of Section 31, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of Somerset Hills Subdivision, East of Westchester Hills First Subdivision, West of Manor Woods West Development) LJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 2 — January 23, 2002 6339 1 Agenda Item G-2d G-2e G-2f G-2g G-3b An Ordinance Annexing to the City of Rochester Approximately 24.3 Acres of Land Located In a Part of the West Half of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, wasgiven a first reading. (South of Pinewood Road S.E., East of Schoenfelders 1st, 2" and 3rd Additions, East of South Park 1st and 2"d Subdivisions) An Ordinance Annexing to the City of Rochester Approximately 36.93 Acres of Land Located In a Part of the Northwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South of College View Road, North of Highway 14 East, East of Sunnydale No. 2 and East Ridge Subdivision) An Ordinance Annexing to the City of Rochester Approximately 59.99 Acres of Land Located In a Part of the West Half of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 29, the Southeast Quarter of the Northeast Quarter of Section 30, the Southwest Quarter of the Southwest Quarter of Section 29, the Southeast Quarter of the Southeast Quarter of Section 30, the Northeast Quarter of the Northeast Quarter of Section 31, and the Northwest Quarter of the Northwest Quarter of Section 32, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South of 21st Street N.E., East of Century Hills Drive N.E.) An Ordinance Annexing to the City of Rochester Approximately 59.71 Acres of Land Located In a Part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 19, Township 107 North, Range 13 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 Marcoux 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 second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Along the North Side of Second Street S.W., Along the West Side of 23rd Avenue S.W.) Having no other business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ��/ 6340 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 4, 2002 Agenda Item A-1 A-2 B-1 C-1 D-1-1 D-1 D-2 D-3 D-4 No one wished to be heard during the Open Comment Period. President Hunziker acknowledged the deaths of Ali Hazama, former Mayor Chuck Hazama's wife, and James Powers, former Councilmember. Wishing to be heard was Paul Dahl. Mr. Dahl will be running for Congress in the First District. He said that if elected, he will seek federal funding for a DM&E bypass around the City of Rochester. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmember Marcoux left the meeting. Councilmembers Senjem moved, Stobaugh seconded, to direct staff to prepare the necessary agreements with the developer of the Thein Estate property for the extension of sanitary sewer located in the N1/2, Section 8 Marion Township. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the January 23, 2002, council meeting. Approved the following licenses and miscellaneous activities: Gambling — Temporary John Adams PTSA — Bingo — March 15, 2002 (requested waiver of 30-day waiting period) National Regap Network, Inc. — Raffle at Collins Feed & Seed Center — February 26, 2002 (requested waiver of 30-day waiting period) St. John Church & School — Raffle — May 10, 2002 (requested waiver of 30- day waiting period) Rochester Archery Club — Raffle at Graham Arena — March 30, 2002 (requested waiver of 30-day waiting period) Walleye Searchers of Minnesota, Inc. — Raffle at Elks Lodge — March 18, 2002 Miscellaneous Street Activities New Life Worship Center — Run for Veterans — May 18, 2002 Med-City Marathon — Road Race for Conoco Kids Classic — May 26, 2002 Adopted Resolution No. 062-02 approving the contract dated November 16, 2001, between the City of Rochester on behalf of Swing Street and the Grand Lodge of Minnesota. Adopted Resolution No. 063-02 amending the River's Edge Purchase Agreement tc facilitate construction of the project in the 1300 block of North Broadway as follows: 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 4, 2002 6,341 Agenda Item D-5 D-6 D-7 D-10 D-11 D-12 D-13 D-14 D-15 Amend Paragraph 4 to delete the reference to the Minnesota Housing Finance Agency financing commitment, and Amend Paragraph 7 to read..."Buyer shall begin construction of the rental housing project by no later than July 1, 2002, and shall complete construction within one year". Approved Accounts Payable in the amount of $20,176,333.28. Adopted Resolution No. 064-02 approving the reorganization of the Park and Recreation Department combining seven divisions into four divisions. Adopted Resolution No. 065-02 approving the TH63/North Willow Creek Layout Plan as submitted by the Minnesota Commissioner of Transportation and approval to enter into a Professional Services Agreement with Yaggy Colby Associates to revise the Official Street Map No. 12 to be consistent with the adopted plan. See at end of D Items. Adopted Resolution No. 066-02 accepting the periodic structural engineering condition survey report of the Civic Center and 3rd Street Ramps prepared by Buildings Consultant Group and authorize the execution of a Professional Services Agreement with BCG of Minneapolis for detailed construction plans and specifications and perform project inspections for the recommended maintenance and modifications. Approved the City assuming responsibility for four decorative pedestrian street lights on the south side of 4th Street S.E., immediately east of Broadway. See at end of D Items. Adopted Resolution No. 067-02 authorizing execution of a City/Owner Contract between Guyer's Builders Express and SL Contracting for Project No. J-9874 "Storm Sewer Relocation to Serve Guyer's Builders Express (Lot 1, Block 2, Fred Schuster Industrial Park)". Adopted Resolution No. 068-02 accepting voluntary participation by Bishop Properties for the proposed Southridge Subdivision in the City's Regional Storm Water Management Plan. Adopted Resolution No. 069-02 accepting voluntary participation by Christ Community Church of the Christian and Missionary Alliance property in the City's Regional Storm Water Management Plan. Adopted Resolution No. 070-02 approving execution of a City/Owner Contract with B & H Development and Friedrich Construction for Project No. J-9810 "Basic Construction in Circle 19 Plaza Second Subdivision". r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6342 Regular Meeting No. 3 — February 4, 2002 Agenda Item D-17 J. D-11 Adopted Resolution No. 071-02 accepting the Feasibility Report and setting a Project Hearing for Project No. M-10 (J-9750) "Sanitary Sewer and Watermain Extension to Serve the Rose Haven Subdivision Area". Adopted Resolution No. 072-02 accepting the Feasibility Report and setting a Project Hearing for Project No. M1-06 (J-9793) "Sanitary Sewer and Watermain Extension to Serve the Sunnydale Subdivision Area". Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, stated that the City staff efforts over the past four year to negotiate with the DM&E for a crossing permit for 16th Avenue N.W. goes again., everything that the railroad president mentioned last week in the newspaper when he said the that the railroad always works out with cities crossings. It was quoted that the president said " I don't understand why there wasn't a real attempt to work out but we are going to defend it and defend it vigorously". Mr. Adkins noted that least for four years City staff has been working with the railroad to reach an agreement. Councilmember McConnell asked if we lost the monies that we have invested in the 16th Avenue N.W. project to date. Richard Freese, Public Works Director, said that over the past four years DM&E has provided the information that the City needed including the cost of the permit. They have just recently indicated that they would be going to litigation to settle the matter. The State allows for the Commissioner of Transportation to conduct a hearing in the matter. MnDOT has been working with the City on the 16th Avenue access. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 073-02 authorizing submission of a petition, on behalf of the City, to MnDOT Commissioner of Transportation requesting that the Commissioner notice and conduct a hearing and issue an order to determine this matter of the 16th Avenue N.W. railroad crossing of the DM&E railroad pursuant to State Statute and Minnesota Rules. Discussion. Councilmember Senjem asked if MnDOT would be drawn into a partnership with the City and maybe even a lawsuit. Terry Adkins said that if MnDOT grants the permit, such a scenario would be possible. Ayes (6), Nays (0). Motion carried. Gary Neumann, Assistant City Administrator, suggested two changes in the suggested priorities for the TH 52 Parkway. He suggested that item no. 7 (2" Retaining Wall Treatment) and item no. 8 (Perimeter Fencing) be reversed. He said that given the cost constraints on the project it would be easier to include the perimeter fencing rather than the retaining wall treatment. Mr. Neumann also recommended that no action be taken on requested action item no. 6 because at this time the City is still in negotiations as to what are the City's obligations and what items will be paid for. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 4, 2002 6343 Agenda Item E-1 1 Adopted Resolution No. 074-02 adopting the ADRC Executive Summary dated October 2001 and endorse the incorporation of the design concepts presented in the Executive Summary as the framework for the Aesthetic Design Guide for the TH52 project; adopting the TH52 Rochester Aesthetic Design Guide incorporating the ADRC Executive Summary; requesting that MnDOT provide for a high level of Quality Control and Quality Assurance in the TH52 Design Build Project RFP/Contract Documents, etc.; endorsing a separate design — bid- build approach to the implementation of the recommended landscape elements of the TH 52 Project; and adopting the prioritized list of Aesthetic Design Elements. Discussion. Councilmember Evans noted that he would be voting against the resolution. He said that he is concerned about where the monies will be found to fund the maintenance fund for the aesthetic projects. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on Zoning of 55th Street Estates Subdivision — Special District and R-1. Wishing to be heard was Marla Berg, 5900 Manor Court N.W. She noted that the neighborhood agrees with the staff recommendations for the project. One of the concerns that she did express was "R-1 creep"; i.e., that one or more lots are R-1 and the remaining lots in the special district. At some point in the future special district lots could request R-1. The neighbors are not in favor of the "creep" zoning aspect. In the special district, there could be a one-time lot split if someone desired. She said that the neighbors were in approval with the Holden and Theobald properties being zoned R-1 as they bordered R-1 property. Wishing to be heard was DeLaine Holden, 5908 Chateau Drive. Mr. Holden said he would like his property rezoned as R-1; it borders the North Park Subdivision. He also stated that all persons should be able to choose how they wanted their individual properties zoned. Wishing to be heard was Isabel Theobald, 3416 Villa Road N.W. She noted that at the Planning and Zoning meeting, it was agreed that the Holden and Theobald properties would remain at R-1. Wishing to be heard was Ron Amdahl, 5808 Manor Court N.W. Mr. Amdahl requested that his lot be R-1 designation because of the unusual nature of the configuration of the lot. He noted that he is bordered on three sides of this property by roads. Mr. Amdahl would like to retain the corner of the property where his house sits and the opposite corner where a woodshop has been constructed. His plan would be to divide the remaining lot into two additional lots to sell. He asked that approval be given because just one additional lot would not pay for the cost of the city utilities that may be added to his property at a future date. Richard Freese, Public Works Director, noted that Mr. Amdahl, if he signs an agreement under the Water Quality Program, would never pay more than $25,000 for utilities around his entire lot regardless of the front footage of the lot. If the lot is r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6344 Regular Meeting No. 3 — February 4, 2002 Agenda Item E-2 split, the new owner would pay additional monies under the program but Mr. Amdahl would not be responsible for those charges. Wishing to be heard was Bob Ronningen, 5617 Villa Road N.W. Mr. Ronningen noted that he bought his property 15 years ago to have a large lot. He said that he could live with one split permitted under the special district designation but, with the exception of the Holden and Theobald properties as R-1, he did not want the possibility of a R-1 domino effect. Wishing to be heard was Don Koster, 5810 Manor Court N.W. Mr. Koster said that the idea of the special district was not about money but about preserving the neighborhood. He said that his family moved to the area to have a large lot with minimal and slow traffic to allow for the safety of his family. He also noted that 21 out of 25 persons chose the special district. Wishing to be heard was Linda Fess, 5809 Chateau Road N.W. She noted agreement with the last two speakers saying that they wished to remain as large lots. Wishing to be heard was Darold Baumgard, 6000 Countryview Court N.W., wanting to maintain the current large lots in the special district. Having no one further wishing to be heard, President Hunziker closed the hearing. Don Amdahl, 5808 Manor Court N.W., told the Council again that he would not be able to survive if he was allowed only one lot to be split from his property and asked that they make his property R-1. Mr. Freese again noted to Mr. Amdahl that the maximum that he would pay for utilities to his entire property would be $25,000. This applies to all existing, not new, lots. This same criteria would apply to all homeowners in the special district. It was also pointed out that because a few of the lots are sloped, those owners probably could not split their property at all. Councilmembers Senjem moved, McConnell seconded, to approve the 551h Street Estates Special District with the staff recommendations and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #01-07 by RC Properties to amend the land use plan designation from low density residential to medium density residential on property located west of St. Bridge Road S.E., east of TH 63 and south of the future 48th Street S.E. Wishing to be heard was Bill Anderson, Yaggy-Colby, representing the developer. Mr. Anderson was available for questions from the Council. 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. 3 — February 4, 2002 6345 Agenda Item E-3 E-4 1 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 075-02 approving Land Use Plan Amendment #01-07 by RC Properties. Ayes (6), Nays (0). Motion carried. Councilmember Hanson left the meeting. A Hearing on Zoning District Amendment #01-17 by RC Properties to amend the zoning district from R-2 to R-3 on property located west of St. Bridge Road S.E., east of TH 63 and south of the future 48th Street S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Zoning District Amendment #01-17 by RC Properties and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (5), Nays (0). Motion carried. Councilmember Hanson returned. A Hearing on General Development Plan #169 by RC Properties on property located west of St. Bridge Road S.E., east of TH 63 and south of the future 481h Street S.E. Wishing to be heard was Bill Anderson, Yaggy-Colby Associates, representing the developer. He noted agreement with the conditions but asked to make comments on item #7 on the Environmental Assessment Worksheet (EAW). He said that the adjacent property to the north will be commercial both having an EAW requirement. The project bringing sewer to the discussed parcel will be required to have an EAW as well because of the capacity of the sewer. Since the parcel in discussion will have its own access from St. Bridget's Road, the developers do not believe another EAW is warranted. They are asking that the condition be waived. Mitzi Baker, Planning Department, said that an EAW will be required under State rules. She said that the GDP would be viewed as a connection action that would require an EAW to be completed. Ms. Baker said that when an overall development area is taken as a plan for development and then separate them into separate general development plans that cannot be a means for bypassing an EAW. Terry Adkins, City Attorney, suggested that condition #7 be amended by adding the words"unless the Environmental Quality Board indicates in writing that an EAW is not required for this property". Bill Anderson from Yaggy-Colby Associates said that an amendment would be acceptable. Wishing to be heard was Ken Boyer, 5300 TH63 South. Mr. Boyer said that he owns property adjoining the highway to the south. The property owners of the development have discussed moving the roadway coming into his property to the east which would make it very difficult to get to his house because of a deep ravine. He asked if the proposed north/south road is to be extended. To move his r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6346 Regular Meeting No. 3 — February 4, 2002 Agenda Item driveway to the east would required approximately $25,000 to build a roadway take down a barn and shed. Bill Anderson, Yaggy-Colby Associates, said that the proposed road was to provid access to the property to the east as well as the north and allow for future construction and development. It was noted that Mr. Boyer will need to be granted access and compensation for loss of access by TH63 at the time of reconstruction of the TH63 project. Wishing to be heard was Rick Lane, owner of Cycle City next to TH63. He noted his entrance was to the south along the frontage road. The proposed north -south roadway would come out close to his property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, McConnell seconded, to approve General Development Plan #169 by RC Properties with seven conditions and with the added condition on #7 that an EAW would be required unless the Environmental Quality Board indicates in writing that an EAW is not required for this property knowning that Mr. Boyer will be compensated by MnDOT for access to his propel and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmembers Senjem moved, Stobaugh seconded, to reopen the hearing and continue the meeting to the next Council meeting. Ayes (3), Nays (3). Motion failed. Councilmembers Evans, Hanson and McConnell voted nay. The question was called on the original motion. Ayes (4), Nays (2). Motion carried' Councilmembers Senjem and Stobaugh voted nay. E-5 A Hearing on Zoning District Amendment #01-18 by Arcon Development to rezone from R-1 to R-2 on property located along the west side of 181h Avenue N.W., north of the Volunteers of America Development and Hunter Hills and east of 24`h Avenu N.W. Wishing to be heard was Bill Anderson, Yaggy-Colby Associates, representing the developer. He noted agreement with the staff comments. Wishing to be heard was Larry Frank, Arcon Development. He stated that the Volunteers of America were not notified of the neighborhood meeting in error but that they showed up to voice their concerns. He noted that single family homes wil be on the west side of the development with Townhomes on the east. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Stobaugh seconded, to approve Zoning District Amendment #01-18 by Arcon Development with the staff findings and instructed t RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 — February 4, 2002 6347 Agenda Item E-6 E-7 • City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #170 by Arcon Development to be known as the "Shih Property" located along the west side of 18th Avenue N.W., north of the Volunteers of America Development and Hunter Hills and east of 24th Avenue N.W. Wishing to be heard was Bill Anderson, Yaggy-Colby, representing the developer and available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve General Development Plan #170 by Arcon Development to be known as the "Shih Property" with seven conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #01-19 by Freedom Development and Consulting, LLC to zone land from the H district to the R-2 district located east of 40th Avenue S.E., south of Highway 14 East. Wishing to be heard was Dave Bell, Freedom Development and Consulting. Mr. Bell's comments concerned Item E-8 as well. He noted that in meeting with MnDOT, no second access to the north onto Highway 14 East will be permitted by the Cocker property. MnDOT will be doing away with the secondary road that now exists in the future; it is also where the roadway goes down from four lanes to two lanes and the traffic becomes greater. Mr. Bell asked about condition #4 concerning 1200 car trips. The entire 40-subdivision has 1410 car trips maximum. Without the second exit they will be short on the car trips. In the future, an exit will be to the east. A cul-de-sac will be near the Ganske and Smith properties but the road could be extended to the south for extended development. The stormwater runoff has been a concern. The intent has been to do a regional pond for drainage. Water running from this subdivision flows into the township properties; i.e., liability concerns. Wishing to be heard was Mary Sawyer, Rochester. Mr. Sawyer is currently purchasing property north of Ridgeview Estates. He asked if access can be gained through this subdivision since MnDOT will probably not grant direct access to Highway 14 East. He was asked to meet with Public Works and Planning Staff to further clarification on this point. Wishing to be heard was Connie Smith, 4214 Eastwood Road S.E. She was concerned with the water retention and drainage question. She noted that they are the lowest point. Ms. Smith also asked for a more definite date on the development of Eastwood Road; she was concerned with the school buses coming down the road with ice and snow present. Wishing to be heard was Jim Baier, 2620 Brookwood Court S.E., Eyota. Mr. Baier is the newest member of the Marion Township Board. He said that his purpose of r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6348 Regular Meeting No. 3 — February 4, 2002 Agenda Item E-8 E-9 attending was to keep communication lines open between the township and the city. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning District Amendment #01-19 by Freedom Development and Consulting, LLC and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #173 by Freedom Development and Consulting, LLC to be known as Ridgewood and Zoning District Amendment #01- 19 located east of 40th Avenue S.E., south of Highway 14 East. Wishing to be heard was Dave Bell, Freedom Development. Mr. Bell noted agreement with the recommended conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve General Development Plan #173 by Freedom Development and Consulting, LLC with eight conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-52 by Payne Company to be known as Century Hills Sixth located east of Century Hills Drive N.E., south of 21st Street N.E. and north of Oakview Drive N.E. and approval of a Design Modification. Wishing to be heard was Bill Anderson, Yaggy-Colby Associates. He noted agreement with the conditions. He said that condition #1 B would be eliminated if the Design Modification is approved because it is the mid -block connection. In answer to a question about the condition of the haul road, Mr. Anderson said that it is gravel now and would stay that way because the property on one side of the roac is not Payne property. If the property is sold, the water line could proceed; a sanitary sewer line would need to be adjusted before the road can be built. The Council expressed concern is that the road is not maintained in any type of travelable condition. Richard Freese, Public Works Director, said that the neighbors were under the impression that the haul road would be developed rather than a temporary road. It was provided to meet the intent of the ordinance as a secondary access primarily for the convenience of the property owners to the north so that all the construction traffic would use it instead of the subdivision road. Mr. Freese suggested that perhaps the Council revise the conditions to improve the purpose of the road and make it a condition of the approval of the preliminary plat. 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. 3 — February 4, 2002 6349 Agenda Item G-2a Low G-2c G-2d G-3a G-3b Councilmembers Evans moved, Stobaugh seconded, to reopen the hearing and continue to February 20, 2002, to consider the condition "the existing secondary access must be improved to an all-weather road condition and maintained to a public road standard." Discussion. Councilmember Evans withdrew his motion to continue, Stobaugh second withdrawn. Councilmembers Evans moved, Stobaugh seconded, to approve Preliminary Plat #01-52 by Payne Company to be known as Century Hills Sixth with three conditions and adding condition #4 to state "the existing secondary access must be improved to an all-weather road condition and maintained to a public road standard", approving the Design Modification and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. An Ordinance Creating and Enacting Chapter 64G, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the 55th Street Estates Special District, was given a first reading. An Ordinance Rezoning Certain Property From the R-2 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. (West of St. Bridget Road SE, East of Highway 63, South of the future 48th Street SE) An Ordinance Rezoning Certain Property From the R-1 District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (West side of 181h Avenue NW, North of Volunteers of America Development and Hunter Hills, East of 24th Avenue NW) An Ordinance Rezoning Certain Property From the H District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (East of 40th Avenue SE, South of Highway 14) An Ordinance Rezoning Certain Property From the R-1 District to the R-1X District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West of Woodland Drive SW, north of Salem Road SW, south of Baihly Woodland 7th Subdivision, Baihly Hills Drive SW and Bell Oaks Lane SW) An Ordinance Establishing the Salaries of the Mayor, Councilmember-At-Large, and Councilmember, was given a second reading. Councilmembers Stobaugh moved, Evans 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 6350 Regular Meeting No. 3 — February 4, 2002 Agenda Item G-3c An Ordinance Annexing to the City of Rochester Approximately 41.93 Acres of Land Located In a Part of the East Half of the Southwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (south of Highway 14, east of 40`h Avenue SE and the Valley Side Estates Development) Having no further business, Councilmembers Senjem moved, Hanson seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ular Adjourned Meeting No. 4 — February 20, 2002 Agenda Item Us C-2 D-1-16 D-1 D-2 D-3 I D-4 ri Wishing to be heard during the Open Comment Period was Craig Ross, 1021 Fourth Avenue N.W. Mr. Ross was asking for a streetlight to be moved on a corner block from the dead end of 11th Street approximately halfway up the block to light the street. He said that the bike path light turns off the sensor on the streetlight; hence, the light is never on. Council asked Public Works to look into the matter with Mr. Ross. 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: Councilmember Marcia Marcoux. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 076-02 referring the petition for Sanitary Sewer to Serve the Future Kingsbury Hills Area to the Public Works Department for feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 077-02 referring the petition for Sanitary Sewer Extension to Serve the Graham Property in Northwest Rochester. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Senjem seconded, to approve the following consent agenda items: Approved the minutes of the February 4, 2002, Council Meeting. Accepted the CDBG funding request award of $629,000 from the Department of Housing and Urban Development and approved the Grant Agreement for 2002. Adopted Resolution No. 078-02 entering into an agreement with Rochester Development, Inc. to allow for the removal of substandard buildings proposed for inclusion in a redevelopment TIF district and authorized staff to schedule a public hearing to consider creation of a tax increment district for Broadway Plaza. Approved the following licenses and miscellaneous activities: Beer — Off -Sale Target Superstore #T-1351 Gambling — Temporary Aldrich Memorial Nursery School — Raffle — May 4, 2002 Master Plumber Phillips — Getschow Company, Clouquet Sound Amplification Procession of the Cross — Good Friday — March 29, 2002 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL (035� CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Agenda Item Miscellaneous Activities SE Minnesota Celiac Support Group — Walk for Celiac Research — May 4, 2002 National Multiple Sclerosis Society — Annual MS Walk for Research — March 21, 2002 Civic League Day Nursery — Tag Day — March 20, 2002 Procession of the Cross — Good Friday — March 29, 2002 D-5 Approved the issuance of a Public Transportation Franchise for Abubaker Bashir Elkhalifa DBA Ambassador Limousine for the period ending December 31, 2005. D-6 See after Item G-3e. D-7 Adopted Resolution No. 079-02 advertising for bids for washed sand, gravel, crushed rock, pea gravel, plant mixed bituminous, ready -mixed concrete and cutback asphalt. D-8 Approved the roadway name change of 38th Avenue N.W. to Pendant Lane N.W. and instructed the City Attorney to prepare the required ordinance for adoption. D-9 Adopted Resolution No. 080-02 approving the application for and acceptance of a grant award from the 2001-2002 DOJ State Domestic Preparedness Equipment Program administered through the Department of Public Safety, Division of Emergency Managements for the Police and Fire Departments. D-10 Approved the addition of a 1997 GMC pickup truck seized for multiple offenses of driving under the influence to the Rochester Police Department replacing the current Cushman Truckster now used. D-11 Adopted Resolution No. 081-02 authorizing the execution of a settlement agreement with Roger and Arnold Bjerke for Right of Way Acquisition of the Badger Run Sewer Project No. J-9745. D-12 Adopted Resolution No. 082-02 approving the execution of a City -Owner Contract with Stonehedge Development LLC and Stonehedge Land Development LLC and Elcor Construction for Project No. J-9811 "Sanitary Sewer and Watermain from Deerhaven to Stonehedge Drive N.E.". D-13 Adopted Resolution No. 083-02 accepting voluntary participation by Slumberland Building Addition and The Phone Station in the City's Regional Storm Water Management Plan. D-14 Adopted Resolution No. 084-02 approving a Pedestrian Facilities Agreement with Mr. Leslie E. Nelson for the Slumberland Property at 4909 Highway 52 North for property in the NE1/4 of Section 16-107N-14W. D-15 Adopted Resolution No. 085-02 approving the Contribution Agreement with Alan J. Roers for the Guyer's Builders Express aka Guyer's Builders Supply property; part of Lot 1, Block 2 and all of Outlot A Fred Schuster's Industrial Park. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item D-16 D-17 E-1 J CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Adopted Resolution Nos. 086-02, 087-02, and 088-02 adopting the feasibility report, setting local improvement project and assessment hearings, and entering into an Engineering Services Agreement with Stanley Consultant Group for the design at $18, 800 for Project No. M02-03 (J-7201) "Curb, Gutter and Street Restoration on 2"d Avenue N.W. from Civic Center Drive to 6th Street N.W. and 6th Street N.W. from 2"d Avenue N.W. to 1st Avenue N.E.". Adopted Resolution Nos. 089-02, 090-02, 091-02, 092-02 and 093-02 Designating Depositories, Authorizing Facsimile Signatures, Authority to Initiate Investments and the Assignment of Securities. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II Restrictive Development #01-38 Preliminary Plan by Waste Management to permit the use of an addition to be used as a transfer station on property located along the east side of 1lth Avenue SW and south of loth Avenue SW. Wishing to be heard was David Berwick, 905 Scenario Lane S.W. Mr. Berwick said that the building housing Waste Management was completed prior to the permits being issued. He also said that waste was hauled into the facility prior to completion. Mr. Berwick said that the facility is unslightly in a residential neighborhood; wind-blown garbage is backed up along the fence. Mr. Berwick also indicated that the drainage from the facility will be going onto 11th Avenue. He also mentioned that trucks were driving north on 11th Avenue which was prohibited. Wishing to be heard was Pete Schuller, Consultant for Waste Management, 209 Lakewood Drive S.E. Mr. Schuller said that the building that was constructed was for recycling only; it is now to convert to a transfer station. Fencing and landscaping are part of the conditions for the project and 11th Avenue is to be up- graded from a seven -ton to a nine -tone road; the intersection on Co. Rd 16 and 11 Avenue will be changed. The owner is agreeable to the conditions and the city/owner contract. Wishing to be heard was Troy Healey, District Manager for Waste Management. They currently have a contract with the Olmsted County incinerator to deliver all waste to their incinerator. However, 31 percent of the time the trucks have to go to the landfill because the incinerator cannot handle all of the waste. When faced with going to the landfill, they bring the waste to the transfer station, compact it into one of the large heavy-duty trucks and take to the landfill. The recycling material is removed and does not have to be transported to the landfill; 300 tons of garbage is processed per month. The fence surrounding the property will be ten feet in height and not able to be seen through. All garbage will be within the building; no tires will be accepted; appliances will be accepted. Mr. Healey said that a 480-foot long turn lane into the property is a problem but was agreed to with staff. Mike Nigbur, Public Works, said that the turn lane of 480 feet is based on MnDOT standards. 0353 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL b35i Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Richard Freese, Public Works Director, noted that as a part of the owner agreement Waste Management has agreed to use LC Drive to go to and from the site. The city will close the intersection of 11th and 16th and construct a cul-de-sac so that all traffic will have to go on 111h Avenue to LC Drive and pass the Mayo Incinerator to Co. Rd 16. Wishing to be heard was David Berwick, 905 Scenario Lane S.W. He was concerned that LC Drive would not be wide enough to allow for the waste management trucks and local traffic. Mr. Freese, Public Works Director, stated that the intersection would be a "T" with plans to make an "S" curve in the future. Mr. Berwick suggested that for all concerned, perhaps the speed limit should be reduced. It was noted that after the change of the intersection occurs, the City can ask MnDOT to change the speed limit. Wishing to be heard was Don Arduser, 6303 Pebble Lane S.W. Mr. Arduser was concerned about the possibility of odor. He said that the trash in the fence has been there for some time; he asked if the problem was going to be kept cleared. Wishing to be heard was Ernie Moeller, 910 Scenario Lane S.W., asking that Waste Management paint their establishment. He noted that the existing fence is leaning in places and that the trucks cause a lot of mud on the road. Mr. Moeller wanted to know if landscaping would be completed for the project. Wishing to be heard was Troy Healey, District Manager for Waste Management. He noted that the development agreement will include landscaping, paving, and replacement of the fencing. Wishing to be heard was Pete Schuller, Consultant for Waste Management, 209 Lakewood Drive S.E. Mr. Schuller also noted that the previous facility was for recycling only. New requirements for the transfer station include landscaping on three sides, the parking lot will need to be a dust -free surface, and the water retainage will be on site, treated and dumped into the storm sewer. Brent Svenby, Planning Department, noted that the applicant has asked for waiver from the final plan phase. He said that the application can't continue without MPCA approval of the project. They also have to adhere to all conditions outlined in the development agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 094-02 approving Restrictive Development #01-38 Preliminary Plan by Waste Management with eight conditions. Discussion. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to waive the final plan review. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-2 E-3 1 CITY OF ROCHESTER, MINNESOTA lar Adjourned Meeting No. 4 — February 20, 2002 A Hearing on Zoning District Amendment #01-20 by Gary Hayden to rezone from the H and I districts to R-2 and R-1 districts on property located south of College View Road, north of Highway 14 East and east and north of the Sunnydale Subdivisions and east of East Ridge Subdivision. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that the entire project is about 103 acres lying easterly of the Sunnydale Subdivision. Mr. Tointon said that the R-1 district, consisting of about 26 acres, will abut the present Sunnydale Subdivision and contain single-family homes. The R-2 district will lie to the east of the R-1 and contain townhomes lying on lots, rather than envelopes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve Zoning District Amendment #01-20 by Gary Hayden and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #174 by Gary Hayden to be known as Stonebrooke located south of College View Road, north of Highway 14 East and east and north of the Sunnydale Subdivisions and east of East Ridge Subdivision. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that condition #1 can be eliminated as per Brent Svenby's recommendation. Corrections were made to the plan and resubmitted to Planning as required. The Plan will be accomplished in five phases of development, several land uses are mixed, 10 acres of private open space and over 6 acres of wild land replacement linked to the DNR property. Stormwater management will be provided on almost four acres and a trail system will be throughout the Plan. Mr. Tointon stated that an association will be formed to maintain the green space with the remaining becoming public parkland. A small commercial area is being proposed next to the Midwest Wireless Tower for some future date. Wishing to be heard was Ronald Felt, 3714 Sheffield Lane S.E. He asked about the access from the Sunnydale Subdivision to the parkland; it was pointed out to him. Mr. Felt said that the residents of Sunnydale have several concerns; i.e., curb and gutter, widening of the roads and the surface water problem. He asked for clarification that any stormwater can be pumped off into the storm sewer. Richard Freese, Public Works Director, confirmed that individual groundwater sumps can be pumped into the City's storm sewer. Mr. Felt said that the majority of the people in Sunnydale Subdivision want curb and gutter; he would be circulating a petition for an improvement project. Mr. Felt then inquired about the improvement of the street. He said that Strathmore Lane is too narrow at present. Having no one further wishing to be head, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #174 by Gary Hayden to be known as Stonebrooke eliminating RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Agenda Item E-4 condition #1 and approving with the remaining nine conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #01-14 by Rodney Younge and Platinum Development Group to change the zoning district from R-1 to RAX on property located south of 3rd Street SW, west of 21 st Avenue SW and east of 23rd Avenue SW. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer and property owner. The application was returned to the Planning Committee due to an existing street being too small for the traffic. The street was found to be a 28 feet rather than 24 feet and can handle the traffic which satisfies the concerns. The City is currently working on a regional pond which should address all the stormwater issues in the neighborhood. The traffic issue of concern is that there is no sidewalk along the 28-foot road; pedestrians will need to walking on the street. The neighbors can petition to Public Works for the feasibility of a sidewalk. Wishing to be heard was Lowell Parsons, 301 21stAvenue S.W. Mr. Parsons saidl that they keep talking about the stormwater and what they are going to do about it. At one time it was proposed to be brought down a vacated alley back of 21 St Avenue; he indicated that for every resident on that street, the alley is higher than the property below. He asked about the logistics of bringing the water down the alley. Richard Freese, Public Works Director, said it was his understanding that the applicant has committed that the stormwater will flow to the south to the regional stormwater pond. However, Public Works has not received the drainage or grading plan as yet. Wishing to be heard was Dee Tweed, 420 21st Avenue S.W. She said that the traffic issue that needs to be considered is the 21 st Avenue grade from Third Street to Fifth Street which is steeper than Northern Heights Drive. Because the street is, only 28 feet wide, there is going to be additional traffic from this subdivision and others to the south. She asked if a traffic choker at the top of the hill, allowing traffic to come up 21 st Avenue but not down from 51h and other streets; they would be required to go out Hill Avenue. Ms. Tweed said that she is excited about the townhomes but she and the neighbors are concerned as to the traffic. Wishing to be heard was Butch Scherer, 312 215t Avenue S.W. His concerns were also for the traffic and opening up the cul-de-sac. He noted that a few winters caused the sand truck to back up the hill to apply sand. If double or triple the amount of traffic is coming down the hill, what is going to happen. He also asked what would happen when the road is eroded and the sewer damaged due to construction traffic; who is going to pay for it. Richard Freese, Public Works Director, said the extension of 21" Avenue and the local east -west street connecting to this development are part of a different plat that has already been approved and not a part of the current application. The damage to public property is covered by the bond related to the owner contract for a project. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 Agenda Item E-5 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Wishing to be heard was Jose Miller, 314 215t Avenue S.W. Mr. Miller said that it was his understanding the cul-de-sac was to stay closed. He said that a number of young children are present in the area; is the developer allowing for green space or parks. Wade DuMond, Yaggy-Colby, replied that green space is being planned but will be private. Wishing to be heard was Andy Seegmiller, 2019 Third Street S.W., with a concern about traffic. He lives at the bottom of hill. Because of the steepness of the hill, he asked that anything that can be done to curtail traffic be done. Wishing to be heard was Christine Stewart, 303 21 st Avenue S.W. Ms. Stewart alsi emphasized the height of the grade. She said that going up the hill there is no parking; on the way down there is parking. The right side is very wooded, very steep and no area to develop sidewalks or curbs. She predicted that Second Stree will be a speed zone. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve Zoning District Amendment #01-14 by Rodney Younge and Platinum Development Group and instructing the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II General Development Plan #168 by Rodney Younge and Platinum Development Group to be known as Folwell Ridge Townhomes located south of 3rd Street SW, west of 215t Avenue SW and east of 23rd Avenue SW. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer and land owner. He said that in April of 1999 Folwell Ridge was approved showing an access onto 21 st Avenue; this general development plan does not cover the property and they cannot change it. Mr. DuMond noted that they are in agreement with the conditions. He said that the stormwater runoff will be brought back to the stormwater pond as much as possible. In regard to the pedestrian facility along Third Street S.W., there is no room for development at the present time but will be something in the future. He said that the Park Department has determined that there will be no public green space/parkland. Councilmembers asked the staff to convey their concerns about the parkland to the Park Department. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to approve General Development Plan #168 by Rodney Younge and Platinum Development Group to be known as Folwell Ridge Townhomes with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Hanson asked that the Public Works staff look into the possibility using a choker or some other traffic measure on 216t Avenue S.W. b857 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL h358 Agenda Item E-6 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #175 by B&S Development to be known as Westchester East located south of Somerset Hills Subdivision, east of Westchester Hills 1st Subdivision and west of the Manor Woods West Development. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., representing the Bigelow/Schwanke (B/S) Development. He noted that they met with people in the Westchester Subdivision to the west. They are requesting the name of West Park rather than Westchester East. He said along the west side of the development the lots are bigger because of the slope and keep the integrity of the Westchester Subdivision neighborhood. Mr. Ratzloff noted that condition #1 requires them to contact the township prior to submittal of preliminary plats; it was submitted on February 4, 2002. The township is to sign the letter and return for confirmation. He noted that they were in agreement with the conditions. Mr. Ratzloff stated that the Planning Commission removed the condition requiring an access to the Nigon property and to the south. Mr. Nigon has stated that he has no intention of developing his property at this time. If it was developed, it would be from the east to the west accessing the present county road. Richard Freese, Public Works Director, stated that the staff concern is that the most developable piece of the Nigon property should be served by access through the West Park Subdivision. The sewer may need to be lowered in the West Park Subdivision but Mr. Freese noted that doing so would serve six to eight lots around the cul-de-sac. In the future, the Nigon property will need access. Council asked that the staff look at working with the loss of only one lot in the West Park Subdivision (Lot 12) for the road access to the south. They suggested that the condition that was removed be required. Wishing to be heard was Ralph Beaver, 5303 College Street N.W. Mr. Beaver lives to the west of the proposed development. He agreed with the development of the roadway into the Westchester Hills Subdivision; the Second Street access to the Nigon property would not be an easy task ... very steep. He was concerned about the one access into the new development which flows to the Country Club Manor Road; would the traffic volumes become too heavy. Wishing to be heard was Laura Martin, 5274 Carrington Lane N.W., to the north of the property in the Somerset Hills Subdivision. Her concerns were on the possible drainage of runoff from the new development. Harvey Ratzloff stated that there will be two holding ponds to take care of the drainage. He said that the Cascade Township officials are asking to look at the drainage study to make sure that the storm water is contained in the easements. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #175 by B&S Development to be known as Westchester East with six conditions, adding in the condition on the southerly access, and instructed 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 Agenda Item E-7 E-8 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Preliminary Plat #01-53 by Leslie A. Lurken to be known as Wedgewood Hills Fifth located west of 50th Avenue NW, south of Wedgewood Hills Third Subdivision. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted that they were in agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Preliminary Plat #01-53 by Leslie A. Lurken to be known as Wedgewood Hills Fifth with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #01-12 by B & H Development to be known as Circle 19 Plaza Second located north of 191h Street N.W., west of West Circle Drive. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He said that they were in agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 094A-02 approving Final Plat #01-12 by B & H Development to be known as Circle 19 Plaza Second with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #02-01 by Roland and Marilyn Graves to annex land located along the south side of 651h Street NW and east of 501h Avenue NW in Cascade Township. Wishing to be heard was Christi Clark, McGhie & Betts, representing Roland and Marilyn Graves. She was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to approve Annexation #02-01 by Roland and Marilyn Graves and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-10 A Hearing to Consider the Making of Local Improvement Project No. 6216.5-4-02 (J-9843) "Curb, Gutter & Overlay on 16 Y2 Street NW from 21 st Avenue NW to 19th Avenue NW". Wishing to be heard was Ted Clikeman, 2038 16 Y2 Street N.W. He said that he had no objections to the project; all questions had been previously answered by Public Works. 6-3551 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 63� Regular Adjourned Meeting No. 4 — February 20, 2002 Agenda Item E-11 G-2a G-2b G-2c G-2d Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Senjem seconded, to adopt Resolution No. 095- approving Local Improvement Project No. 6216.5-4-02 (J-9843) "Curb, Gutter & Overlay on 16 Y2 Street NW from 21 st Avenue NW to 19th Avenue NW". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessment for Project No. 6216.5-4-02 t�J- 9843) "Curb, Gutter & Overlay on 16 %2 Street NW from 21 st Avenue NW to 19t Avenue NW". Wishing to be heard was Ted Clikeman, 2038 16 Y2 Street N.W. Mr. Clikeman noted that there a majority of the people in the neighborhood signed the petition for the local improvement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 096-02 levying the assessment for Project No. 6216.5-4-02 (J-9843) "Curb, Gutter & Overlay on 16 %2 Street NW from 21 st Avenue NW to 19th Avenue NW". Ayes (6) Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the H Zoning 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. (Holden, Theobald and US West Properties in 55th Street Estates) An Ordinance Creating and Enacting Section 93.10 of the Rochester Code of Ordinances, Relating to the Granting of a Public Transportation Franchise to Abubakar Bashir Elkhalifa DBA Ambassador Limousine, was given a first reading. An Ordinance Amending and Reenacting Section 75.01 of the Rochester code of Ordinances, Relating to the Designation of 38th Avenue N.W. Platted in Radichel First Subdivision to Pendant Lane N.W., was given a first reading. Councilmembers McConnell moved, Stobaugh seconded, to suspend the rules and give the ordinance a second reading. Ayes (6), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Hanson moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the H and I Zoning Districts to the'R- 2 Zoning District, and From the I Zoning District to the R-1 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Development and Land Development Manual of the City of Rochester, Minnesota, was given a' first reading. (South of College View Road, North of Highway 14 East, East and North of the Sunnydale Subdivisions, East of East Ridge Subdivision) 1 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 (03b 1 Agenda Item G-2e G-2f G-3a G-3b G-3c G-3d G-3e 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. (South of 3`d Street S.W., West of 21st Avenue S.W., East of 23� Avenue S.W.) An Ordinance Annexing to the City of Rochester Approximately 36.77 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. (South sidE of 65th Street N.W., East of 50th Avenue N.W. An Ordinance Amending and Reenacting Subdivisions 7 and 10 of Section 106A.18, and Section 106A.21 of the Rochester Code of Ordinances, Relating to Dangerous and Potentially Dangerous Dogs and the Quarantine of Animals, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 37.22 Acres of Land Located In a Part of the Southeast Quarter of Section 31, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of Somerset Hills Subdivision, East of Westchester Hills First Subdivision, West of Manor Woods West Development) An Ordinance Annexing to the City of Rochester Approximately 24.3 Acres of Land Located In a Part of the West Half of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of Pinewood Road S.E., East of Schoenfelders 1st, 2"d and 3`d Additions, East of South Park 1st and 2"d Subdivisions) An Ordinance Annexing to the City of Rochester Approximately 36.93 Acres of Land Located In a Part of the Northwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of College View Road, North of Highway 14 East, East of Sunnydale No. 2 and East Ridge Subdivision) An Ordinance Annexing to the City of Rochester Approximately 59.99 Acres of Land Located In a Part of the West Half of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 29, the Southeast Quarter of the Northeast Quarter of Section 30, the Southwest Quarter of the Southwest Quarter of Section 29, the Southeast Quarter of the Southeast Quarter of Section 30, the Northeast Quarter of the Northeast Quarter of Section 31, and the Northwest Quarter of the Northwest Quarter of Section 32, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Evans moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 21st Street N.E., East of Century Hills Drive N.E.) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 4 — February 20, 2002 Agenda Item W. Councilmember Senjem asked as to why the Accounts Payable dollar amount was much higher than usual. Steve Kvenvold, City Administrator, explained that under the new JDEdwards account system, any investments made by the City are considered accounts payable when paid into an investment. Councilmembers Senjem moved, Stobaugh seconded, to approve Accounts Payable in the amount of $13,023,963.24. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 (93fj3 Agenda Item A-1 B-1 D-1- 17,19- 22,24 D-1 D-3 D-4 D-5 M D-7 Wishing to be heard was Mike Quirk, 847 1s' Street NW. Mr. Quirk stated the neighborhood associations are not in favor of a Planning decision regarding reducing the setback for front yard parking. Councilmember Stobaugh stated he requested a Committee of the Whole meeting on this issue. 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 Hanson moved, Stobaugh seconded, to approve the following consent agenda items. There were no minutes for approval. Adopted Resolution No. 097-02 authorizing the Mayor and City Clerk to execute a professional services agreement with McGhie & Betts, Inc. for a perimeter road and a cab stand at the Rochester Airport Company. Adopted Resolution No. 098-02 authorizing the Mayor and City Clerk to execute a professional services agreement with McGhie & Betts, Inc. for a new section of water main and Brataas Drive pavement overlay at the Rochester International Airport. Adopted Resolution No. 099-02 authorizing the Mayor and City Clerk to execute a professional services agreement with ACSG, Inc./Architectural Alliance for extended construction management services of 90 days for the Terminal Building Addition at the Rochester International Airport. Adopted Resolution No. 100-02 authorizing the Mayor and City Clerk to execute a professional services agreement with ACSG, Inc./Yaggy Colby for extended construction management services of 60 days for the new General Aviation Arrival/Departure Building at the Rochester International Airport. Adopted Resolution No. 101-02 authorizing the Mayor and City Clerk to execute a professional services agreement with ACSG, Inc./Architectural Alliance to conduct energy calculations on the Terminal Building Addition Project (J-6970) at the Rochester International Airport. Approved the following licenses and miscellaneous street activities: GAMBLING — PREMISE RENEWAL Circus World Bingo 2828 E Frontage Rd, Hwy 52 North Rochester, MN. 55901 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA b3b4 Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item GAMBLING -TEMPORARY St Pius X Catholic Church & School 120512th Ave NW Rochester, MN. 55901 Raffle 5/17/02 TEMPORARY —ON SALE INTOXICATING St. Pius Catholic Church 131512th Ave NW Rochester, MN. 55901 Auction at Kennedy Hall 3/23/02 MISCELLANEOUS CITY ACTIVITIES Rochester Track Club 20K or 12.4 Mi Road Race 4/13/02 Best Western, Mayowood Rd, Salem Rd, Hwy 104 to 2"d St SW Rochester Track Club Spring Run —15K Road Race 5/11/02 Essex Park, 13th Ave NW, 41 st St NW Paws & Claws Humane Society Pet Walk 5/4/02 Cooke Park Rochester, MN 55901 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 Supervalu Inc DBA Cub Foods Bear Creek Liquors RMT of Rochester Inc. A Rochester Corp. DBA Buckeye Liquor Joe's Liquor Inc. MGM Wine & Spirits Inc DBA MGM Liquor Warehouse Plaza Liquor DJ'S Northbrook Liquor LLC DBA Northbrook Liquor Sam's West Inc DBA Sam's Club #6427 Silver Lake Liquor CLUB ON SALE LIQUOR (Annual Renewals) AFL-CIO Labor Club DBA Labor Club William T. McCoy Post 92 DBA American Legion Rochester Elks Lodge #1091 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item 1 CITY OF ROCHESTER, MINNESOTA lar Adjourned Meeting No. 5 — March 4, 2002 Fraternal Order of Eagles #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 Trips Inc. DBA Hawthorne Suites of Rochester India Garden, Inc. John Hardy's Bar-B-Que Inc 29 Frontage Rd, Hwy 52 N John Hardy's Bar-B-Que Inc 940 S Bdwy DMS Patel LLC DBA John's Family Restaurant & Coffee Shop The Noodle Company — Minnesota, Inc DBA Noodles & Company Rochester Athletic Club Roscoe's Rootbeer & Ribs Inc DBA Roscoe's North Sky Dragon Buffet Inc. Donald McBurney DBA The Sandtrap T J'S 63 Club Inc JADCO LLC DBA Valentino's of Rochester Wright Stuff Restaurant & Lounge Wong's Cafe, A General Partnership DBA Wong's Cafe Zorba's Restaurant of Rochester MN DBA Zorba's Greek Restaurant ON SALE INTOXICATING LIQUOR (Annual Renewals) Apple American LMTD Partnership of MN DBA Applebee's Neighborhood Grill & Bar 3794 Marketplace Dr Apple American LMTD Partnership of MN DBA Applebee's Neighborhood Grill & Bar 320 Apache Mall C & F Foods Inc DBA Aviary Restaurant Xiao Guo DBA Bon's Buffet Creative Cuisine Inc DBA Broadstreet Cafe & Bar/Redwood Room Brothers Bar & Grill Inc Graf Family Investments DBA Buffalo Wild Wings Grill & Bar J & S Corporation DBA Canadian Honker Hospitality Honker Enterprises DBA Canadian Honker Restaurant Carlos O'Kelly's Mexican Cafe Chieng Mai Thailand Colonial Company DBA Colonial Lanes and Brass lantern Restaurant Southeast Hotel LLC DBA Comfort Inn and Conference Center Ruben Leon DBA Dos Amigos Mexican Restaurant rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �3 Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item Dos Amigo's Mexican Restaurant #2 Sunstone Hotel Properties, Inc. DBA Economy Inn & Executive Suites Rivervalley BBQ, Inc. DBA Famous Dave's BBQ Shack Jorge Solis DBA Fiesta Mexicana Restaurant CMZ, Inc. DBA Henry Wellington/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. Chen -His Wang DBA Hunan Garden Restaurant of Rochester J & M'S Family Restaurant Inc DBA Shady Hill Grille J.J.'S of Rochester, Inc. DBA J.J.'S Restaurant & Sports Bar John Barley Come, Inc. Sunstone Hotel Properties, Inc. DBA Kahler Hotel GPK Inc DBA Kathy's Pub King's Crossing Bar & Grill Co Inc. Rancho Grande, Inc. DBA Las Margaritas Bar & Grill Sunstone Hotel Properties, Inc. DBA Marriott Hotel Dooley's, Inc. DBA McMurphy's Sports Cafe/Aquarius Nightclub Michael's Supper Club, Inc. DBA Michael's Restaurant LTB, Inc DBA Mugzee's CJC Enterprises, Inc. DBA North Star Bar Hy -Pat Investment Inc DBA O'Neill's Pizza Pub Outback Steakhouse/Midwest II, Limited Partnership DBA Outback Steakhouse BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. GMRI, Inc. DBA Red Lobster #429 Associated Management, Inc. DBA Riptide Bar Rochescheer Country Pub Rookies Sports Grill & Bar, Inc. Shenanigan's Inc DBA C.J.'S Midtown Lounge Great Western Fair, Inc. DBA Smiling Moose Bar & Grill Restech Partners, Inc. TGI Friday's Timber Lodge Steakhouse, Inc Victoria's of Minnesota DBA Victoria's Restaurant Willow Creek Golf of Rochester, Inc. CONSUMPTION & DISPLAY (Annual Renewal) Pla-Mor Ballroom OTHER ANNUAL RENEWALS Sunday Liquor 60 On Sale 3.2% 39 Off Sale 3.2% 19 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 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 CITY OF ROCHESTER, MINNESOTA lar Adjourned Meeting No. 5 — March 4, 2002 Dance 23 Bowling 2 Adopted Resolution No. 102-02 referring the petition for Sanitary Sewer Extension to Serve Northern Hills Area to the Public Works Department for a feasibility study. Approved Accounts Payable in the amount of $4,631.40. Accept donation from Safety Council to offset costs of a speed trailer. Accept $1,782.10 donation from the Rochester Olmsted County Safety Council for Explorer Post member equipment/uniforms. Accept the donation to Rochester Police Department Canine Unit of $1,000. Adopted Resolution No. 103-02 authorizing the Mayor and City Clerk to execute purchase agreement and authorize staff to complete the acquisition of the Arend Property in the Cascade Lake Area (J2981). Adopted Resolution No. 104-02 authorizing the City accept and approve a settlement agreement with Owen and Eleanor Moore concerning the right-of-way acquisition for the Viola Road Bike Path, J4940. Adopted Resolution No. 105-02 authorizing the Mayor and City Clerk to execute a development agreement with R & L Development, Inc. for the Scenic Oaks Subdivision. Adopted Resolution No. 106-02 accepting voluntary participation in the City's Regional Storm Water Management Plan by the Bridgeview Addition (River's Edge Apartments). Adopted Resolution No. 107-02 to advertise for bids for Project No. J-9745 "Badger Run Sub-Trunkline Sanitary Sewer in Marion Township." See at the end of D items. Adopted Resolution No. 108-02 authorizing execution of Supplemental Agreement #1 and #2 for Project M003, (J-9602), "Sanitary Sewer and Watermain to serve Woodland Hills Subdivision." Adopted Resolution No. 109-02 authorizing execution of Supplemental Agreement #1 for Project M007, (J-9604), "Trunk Watermain in Southeast Service Area, Phase 4." Adopted Resolution No. 110-02 entering into a Professional engineering Service Agreement with McGhie & Betts, Inc. for Project J9793, "Sanitary Sewer and Watermain Extension to serve the Sunnydale Subdivision Area, Phase I." (034o7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item D-22 D-23 D-24 D-18 D-23 E-1 Adopted Resolution No. 111-02 entering into Contract Amendment No. 3 for construction phases engineering services provided by Black & Veatch for the Digester Gas and Heating Water Improvements Project at the Water Reclamation Plant. (J4399) See at end of D items. Approved the renewal of Liquor Licenses with Restrictions for Northwest Liquors and Crown Restaurant. Councilmember Senjem asked staff to clarify the discrepancy between the RCA and the Supplemental Agreement #1 amount. Staff clarified that the Supplemental Agreement #1 in the amount of $12,880.41 was correct. Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 112- 02 authorizing execution of Supplemental Agreements Nos. 1,2,3 and 4 for Project M004, (J-9601), "Sanitary Sewer and Watermain to serve five areas in Marion Township." Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked staff to clarify what the amount requested was for specifically and if there was a payback for this investment. It was made clear the amount of $95,548 was for engineering services and there is considerable payback. Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 113- 02 requesting that Contract Amendment No. 4 to the Digester Gas and Heating Water Improvements Project for engineering services related to the replacement of the engine generator be approved. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. located along the north side of West Center Street and along the east side of 5th Avenue NW. Wishing to be heard were Mark Jasmin, HGA Architects, and Frank Heavlin, President of Sunstone. Mr. Jasmin presented a new proposal to deal with parking issue for this Preliminary Plat application and the appeal for the denied variance. (E-2) He explained his recommendations and programs that Sunstone plans on initiating in regards to the parking program of the Residence Inn. This included a number of parking spaces and how they were to be relocated downtown and at other locations within the city. This information had not gone to staff at this point. Also discussed was the incentive portion of the application involving a connection to the subway system as protection for pedestrian traffic. Wishing to be heard was Mike Quirk, 847 1st Street NW, representing the Kutzky Park Neighborhood Association. He stated that he did not agree with the parking arrangements and didn't feel this new proposal would make an impact. Consensus of the Councilmembers was to refer the new proposal back to staff to review and make their recommendation. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 1 Agenda Item E-2 E-10 E-11 E-3 Councilmember Hanson moved, Stobaugh seconded, to continue (E-1) Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. and (E-2) Type III, Phase 1 (#02-01) Appeal of the (#03-01) variance denial, to March 18, 2002. Ayes, (6), Nays (0). Motion carried. Refer to E-1. Council moved to E-10 and E-11 to accommodate the audience present. A Hearing to consider the Local Improvement Project No. M1-32 (J-9793) "Sanitary Sewer and Watermain Extension to serve the Sunnydale Subdivision Area, Phase 11." Wishing to be heard was Ron Felt, 3714 Sheffield Lane SE, representing the neighborhood. He stated a petition circulated in the Sunnydale area has a majority of signatures approving of the improvements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 114-02 approving Project No. M1-32, (J-9793), "Sanitary Sewer and Watermain extension to serve the Sunnydale Subdivision Area." Ayes, (6), Nays (0). Motion carried. A Hearing to consider the Local Improvement Project No. M1-06, (J-9750), "Sanitary Sewer and Watermain Extension to serve the Rose Haven Subdivision Area." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 115-02 approving Project No. M1-06, (J-9750), "Sanitary Sewer and Watermain Extension to serve the Rose Haven Subdivision Area." Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #02-03 by the Verna Badger Trust to annex land located north of Valleyhigh Road between West Circle Drive and 50th Avenue NW. Wishing to be heard was Jamie Shandley, representing Badger Development, 400 South Broadway. Ms. Shandley explained the reasons behind the two annexations. The property owner abutting the property was not agreeable to annexation because of his land potentially being 100% surrounded. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Petition #02-03 by the Verna Badger Trust and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �370 Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item E-4 E-5 A Hearing on Annexation Petition #-2-04 by the Verna Badger Trust to annex land located north of Valleyhigh Road between West Circle Drive and 50th Ave. NW. � Wishing to be heard was Jamie Shandley, representing Badger Development, 400 South Broadway. Ms. Shandley was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Annexation Petition #02-04 by the Verna Badger Trust and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District amendment Petition #02-02 by Badger Development LLC, to zone Approximately 80 acres of land to the R-2 district, located north of Valleyhigh Road between West Circle Drive and 50th Ave. NW. Wishing to be heard was Jamie Shandley, representing Badger Development, 400 South Broadway. Ms. Shandley explained the request for zoning and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing! Councilmember McConnell moved, Marcoux seconded, to approve the Zoning District Amendment #02-02 by Badger Development, LLC to zone approximately 80 acres of land to the R-2 district and instructing the City Attorney to prepare required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on General Development Plan #172 by Badger Hills Development II, LLC to be known as Verna Badger Estate located north of Valleyhigh Road, midway between West Circle Drive and 50th Ave. NW. Wishing to be heard was Jamie Shandley, representing Badger Development, 400 South Broadway. Ms. Shandley addressed the conditions and stated they were in agreement with 1, 3-6, 8 & 9. Condition two was in question as to "collector, roadway across the northern portion of the future 41 st St. NW extension. The right-of-way for this roadway may need to be increased from what is shown on the' plan. She would like this to be a "collector' through this site. Ms. Shandley stated the delay has been a West Circle Drive traffic study that has not been completed. This has affected the time line in the purchase of this property for development. The developer doesn't agree that this road should be an "arterial" but should be designated a "collector". Also the alignment that staff has requested for this road would make an impact on how it can be economically developed. Richard Freese stated the delay has been an Access Management Study not a Traffic Impact Study that has been commissioned by the County and conducted by ROCOG. The County still has concerns on the roadways affect on West Circle i 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 63'7 1 Agenda Item E-7 Drive traffic but the final decision on the road designation and the location the road will be the Council's during the Plat process. Wishing to be heard was Mark Utz representing Alpha Realty, 21 1st St. SW. Mr. Utz stated Alpha is in support of the GDP and felt any discrepancies can be worked out to all parties' satisfaction. He wanted it known that Alpha would prefer the 41 st Street extension be a "collector'. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the Shefelbine property. Mr. Tointon presented a letter stating Mr. Shefelbine would prefer Superior Drive NW extended northerly through his property and would like 41st St. be aligned further south. Wishing to be heard was Charles Till, 5730 75th Ave. NW, Byron. Mr. Till owns the land on west side of Kuehl and 50th Ave. and stated his concern for how the road will affect his property and whether 50th would become a city street. Wishing to be heard was Mac Hamilton, representing Badger Development. Mr. Hamilton want to express to the council the increase in street right-of-way would make an impact on the development and the cost to develop the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Wording of Condition #7 was discussed. It was determine that it should read "compliance with the thoroughfare plan as it exists or as it may be amended". Councilmembers Senjem moved, Hanson seconded to approve the GDP #172 by Badger Development with nine conditions, and the addition to condition #7 reading "compliance with the thoroughfare plan as it exists or as it may be amended", and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-03 by Leslie A. Lurken to be known as North Park Twelfth Subdivision located north of Villa Road NW, West of North Park 11th Subdivision and Orchard Ridge Subdivision and east of North Park 10th Subdivision. Wishing to be heard was Josh Johnson, from McGhie and Betts, representing the developer. Mr. Johnson stated they were in agreement with the conditions and were available for any questions from the council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Marcoux seconded, to approve the Preliminary Plat #02-03 by Leslie Lurken to be known as North Park Twelfth Subdivision with the four conditions and instructed the City Attorney to prepare Findings of Facts and Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item E-8 E-9 G-2a G-2b G-2c G-2d G-2e A Hearing on City Initiated Text Amendment to Sections 62.200, 62.312, 62.322, 62.342,and 62.395 of the Zoning Ordinance for Permanent and Seasonal Garden Centers. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Stobaugh seconded, to approve City Initiated Text Amendment to Sections 62.200, 62.312, 62.322, 62.342,and 62.395 of the Zoning Ordinance for Permanent and Seasonal Garden Centers and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #02-02 by Kirkland and Hyland to annex land located along the north side of 55th St. NW, east of 60th Ave. NW and southwest of the Douglas Trail. Wishing to be heard was Larry Kirkland, 5801 County Road 3 NW, Oronoco, owner of the land being annexed. He stated he had no plans for the property at this time but was available for any questions. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded to approve the Annexation Petition #02-02 by Kirkland and Hyland and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 39.74 acres of land located in the East Half of the East Half of the Northeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North of Valleyhigh Road between West Circle Drive and 50th Ave. NW.) An Ordinance Annexing to the City of Rochester Approximately 39.76 acres of land located in the West Half of the East Half of the Northeast Quarter of Section 20, 1 Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North of Valleyhigh Road between West Circle Drive and 50th Ave. NW.) An Ordinance Rezoning Certain Property from the R-1 District to the R-2 Zoning District and Amending Ordinance No. 2785, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. (North of Valleyhigh Road Between West Circle Drive and 50th Ave. NW-80 acres.) An Ordinance Amending and Reenacting Sections 60.200, 62.312, 62.395 of the Rochester Code of Ordinances, Relating to Permanent and Seasonal Garden Centers. An Ordinance Annexing to the City of Rochester Approximately 55.54 acres of land located in a Part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 7, Township 107 North, 1 RECORD OF OFFICIAL PROCEEDINGS OF'THE COMMON COUNCIL CITYOF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 — March 4, 2002 6373 Agenda Item G-3a G-3b G-3c G-3d G-4a G-4b [1 Range 14 West, Olmsted County, Minnesota. (North Side of 55th St. NW, East of 60th Ave. NW and Southwest of the Douglas Trail.) An Ordinance Creating and Enacting Chapter 64G, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the 55th Street Estates Special District, was given a second reading. Councilmember Hanson moved, Senjem seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the H District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmember Hanson moved, Stobaugh seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (East of 40th Ave. SE, South of Highway 14.) An Ordinance Rezoning certain Property from the R-1 District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmember Hanson moved, Marcoux seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West side of 18th Ave. NW, North of VOA Development and Hunter Hills, East of 24th Ave. NW.) An Ordinance Rezoning Certain Property from the R-2 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, as given a second reading. Councilmember Senjem moved, Stobaugh seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (West of St. Bridget Road SE, East of Highway 63, South of the Future 48th St. SE.) Councilmember Stobaugh moved, Hanson seconded to approve the $1250 appropriation request to RADAR for their Pool Tournament Fund Raiser. Ayes, (6), Nays (0). Motion carried. City Administrator Kvenvold addressed the 80 acres of Rochester Township property, known as the Holtegaard land that is in the Urban Service District. The applicant has requested this to be taken out of this district into the Suburban Development District. The County Planning Commission has approved this request and it will be before the County Board at their March 12th meeting. Steve outlined the options for the Council to recommend to the Board. The Council recommends denial unless the 60-day rule is waived and discussion is entered into with Rochester Township. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6374 Regular Adjourned Meeting No. 5 — March 4, 2002 Agenda Item Having no further business, Councilmember McConnell moved, Marcoux seconded, to adjourn the meeting, Ayes, (6), Nays (0). Motion carried. l.��Lr�-P2-{ QJYI Deputy Cit Jerk 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 18, 2002 6375 (Agenda Item A-1 No one wished to be heard during the Open Comment Period. B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. D-1-30 Councilmembers Marcoux moved, McConnell seconded, to approve the following consent agenda items. D-1 Approved the minutes of the February 20, 2002, Council meeting. D-2 Adopted Resolution No. 116-02 approving execution of the Grant Agreement with the Department of Trade and Economic Development and the Loan Agreement with PEMSTAR, Inc. D-3 Adopted Resolution No. 117-02 entering into a contract with Rochester Development, Inc. for demolition of 14 South Broadway. D-4 Adopted Resolution No. 118-02 approving the Amendment to the Development and Settlement Agreement between the City, Lecesse Development and Western Walls for the lands on the south side of Cascade Lake. D-5 Adopted Resolution No. 119-02 authorizing the Mayor and City Clerk to execute the professional services agreement with Holabird & Root, LLP for engineering and construction documents to modify the current gift shop and restaurant configurations to allow them to operate under new FAA security regulations at the Rochester International Airport. D-6 Adopted Resolution No. 120-02 approving execution of the Amendment to State Aid Agreement for Airport Advertising for the Rochester International Airport. D-7 Adopted Resolution No. 121-02 approving the lease/operating agreement with the Wright Stuff Restaurant at the Rochester International Airport for April 1, 2002 through March 31, 2007. D-8 Adopted Resolution No. 122-02 increasing the license fee for Potentially Dangerous Dogs to $50.00 per year in addition to the regular license fee for dogs. D-9 Approved the appointment of Eileen Schneider as Special Deputy City Clerk to fulfill duties as assigned by the City Clerk and/or City Administrator. D-10 Approved the following licenses and miscellaneous activities: Gambling — Temporary Rochester Public School Foundation — Raffle at RCTC Heintz Center — April 28, 2002. Heating Contractor Max Mechanical, New Brighton, Minnesota 1 rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6376 Regular Adjourned Meeting No. 6 — March 18, 2002 Agenda Item D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 Master Installer Floyd M. Thompson, Corcoran, Minnesota Miscellaneous City Activities American Legion — State Convention Parade — July 13, 2002 American Diabetes Association — Tour DeCure — Bicycle Tour — June 2, 2002. Adopted Resolution No. 123-02 approving the contract with Rochester Sand & Gravel for 2002 Season Supply of Bituminous Materials. Adopted Resolution No. 124-02 approving the contracts for 2002 Season Supply of Aggregate Materials with Shamrock Enterprises for Washed Sand, Pit Run Gravel, 3/" Crushed Rock Base, 6" Oversize Rock; Milestone Materials for Pea Gravel; and Wabasha Sand, Gravel and Ready -Mix for Haul and Delivery. Adopted Resolution No. 125-02 approving the contracts for 2002 Seasonal Supply of Asphalt Materials with Koch Materials Company for Rapid Cure Cutback Asphalt and Cationic Asphalt Polymer Modified; and Marathon Ashland for Cationic Asphalt Emulsion. Adopted Resolution No. 126-02 approving the contract for 2002 Season Supply of Ready -Mixed Concrete with Rochester Ready Mix. Adopted Resolution No. 127-02 authorizing the City Clerk to advertise for bids for tankwagon fuel proposals for the Public Works Department. Adopted Resolution No. 128-02 authorizing the City Clerk to advertise for bids for dump boxes, spreaders, wingplow and other miscellaneous truck accessories for the Public Works Department. Approved Accounts Payable in the amount of $2,521,454.17 and Investment Purchases of $11,608,837.65. Adopted Resolution No. 129-02 approving the Fire Department to apply for a grant for funding to purchase equipment and authorized the Mayor and City Clerk to sign any grant agreement awarded. Adopted Resolution No. 130-02 approving a two -month paid educational leave of absence for Rhonda Lorenz while she participates in a librarian exchange with an experienced, qualified professional librarian from Australia. Approved the appointment of Firefighter Jason Whitney to the position of Motor Operator in the Rochester Fire Department effective March 19, 2002. Acknowledged the appointment of Joseph W. Mayerle to the position of Police Officer in the Rochester Police Department effective April 4, 2002. 1 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITYOF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 18, 2002 6377 Agenda Item D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-23 Adopted Resolution No. 131-02 approving amending the Professional Services Agreement with SRF Consulting Group, Inc. to include preparation of Final Design Plan and Specification for amount not to exceed $71,076.00 for Project No. M1-50 (J-9815) "Reconstruct Bandel Road from 65th Street N.W. to 55th Street N.W." See at end of D Items. Adopted Resolution No. 132-02 authorizing execution of the Development Agreement with James and Phyllis Thompson for Sunnydale First Replat. Adopted Resolution No. 133-02 authorizing execution of the Amendment to the City/Owner Contract for Project No. J-9817 "Watermain & Hydrants to Serve Fox Ridge Townhomes First CIC #159 First Supplemental (aka Fox Ridge Townhomes 2)„ Adopted Resolution No. 134-02 authorizing the execution of the Development Agreement with Deer Crest Development Company for infrastructure measures for the surrounding properties. Adopted Resolution No. 135-02 authorizing execution of the City/Owner Contract between R & L Partnership and Fraser Construction for Project No. J-9863 "Basic Construction in Scenic Oaks Second Addition". Adopted Resolution No. 136-02 approving Change Order #1 for Project No. 8215- 36-01 (J-2592) "2001 Restoration of the Center Street Ramp" for an increase of $3250.29. Adopted Resolution No. 137-02 awarding the contract to Gillig Corporation for the purchase of up to eight buses at a cost of $263,883 per unit with the option for 20 additional buses. See at end of D Items. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked Dave Rossman, Traffic Engineer, to clarify the recommended ordinance change relating to double-parking. Mr. Rossman explained that the change would not allow trucks to park anywhere there is only a single lane of traffic for each direction. The underlying reason is that cars must pull into the opposing lane of traffic to pass. Councilmember Senjem asked about house movers, garbage trucks, etc. City Attorney Terry Adkins indicated the proposed ordinance did not support the statement that double parking was permitted on a four -lane road. Councilmembers felt that the recommendation needed to be further clarified. Councilmembers Senjem moved, Marcoux seconded, to table the item to the April 1, 2002, meeting. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6378 Regular Adjourned Meeting No. 6 — March 18, 2002 Agenda Item D-30 E-1 E-2 Terry Adkins, City Attorney, stated that the statutory fine for a petty misdemeanor is not to exceed $300. He asked that the recommended fine of $200 for this violation be removed. Councilmembers Senjem moved, Marcoux seconded, to approve the suggested revisions to Section 134.11 of the Rochester Code of Ordinances regarding restrictions on the parking of vehicles or trailers on any public streets, and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. President Hunziker acknowledged Boy Scout Troop #21 in the audience. A Hearing on Final Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition located along the south side of 48t Street S.W. and West of Scenic Oaks First Addition. Staff requested that this item be continued until the replacement plan has been approved. Councilmembers Hanson moved, Evans seconded, to continue the hearing on Final Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition to April 1, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-09 by the City of Rochester to be known as Granville at Cascade Lake located along the north side of Country Club Road S.W. and along the west side of 23`d Avenue S.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. He was available for questions. Brent Svenby, Planning Department, noted that Condition #3 can be dropped on the requirement for a controlled access. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 138-02 approving Final Plat #02-09 by the City of Rochester to be known as Granville at Cascade Lake with two conditions. Ayes (7), Nays (0). Motion carried. E-3 A Continued Hearing on Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. to construct a hotel located along the north side of West Center Street and along the east side of 5th Avenue N.W The developer has requested that items E-3 and E-4 be tabled. Councilmembers Senjem moved, McConnell seconded, to table the hearing on Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. Ayes (7), Nays (0). Motion carried. r L RECORD OF OFFICIAL PROCEEDINGS 'OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 18, 2002 6379 1 Agenda Item E-4 E-5 E-6 E-7 A Continued Hearing on Type III, Phase I, Appeal #02-01 of the Rochester Planning and Zoning Commission denial on February 13, 2002, to provide only 28 of the required 80 parking spaces for a proposed hotel located along the north side of West Center Street and along the east side of 51n Avenue N.W. See Item E-3. A Hearing to Consider a Request to Amend the 1998 and 2002 Action Plans for the Community Development Block Grant (CDBG) Program. Councilmember Senjem asked if there would be any difficulty in spending the Park and Recreation Department allocation of $26,625.00. Terry Spaeth, Administration, stated that the monies will be used to upgrade Soldier's Field Facilities to meet the ADA requirements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Amending the 1998 and 2002 Action Plans for the Community Development Block Grant (CDBG) Program. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #171 by Fred Schmidt to be known as Hundred Acre Woods located along the north side of Eastwood Road S.E., south of TH14 and west of Eastwood Golf Course. Wishing to be heard was Cedric Schutz, Land Consultants, representing the developer. He noted agreement with the conditions. Councilmember McConnell asked how much of the plat would be dedicated to affordable housing. Mr. Schutz said that there would be some lower priced lots and also larger estate lots. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve General Development Plan #171 by Fred Schmidt to be known as Hundred Acre Woods with 11 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I Amendment #02-01 to the Planned Unit Development for Madonna Towers located south of 41st Street N.W., west of 19cn Avenue N.W. Wishing to be heard was Jim Elving, Horty Elving & Associates, Inc., Minneapolis, architects for the project. He noted agreement by the owner of the conditions outlined. Having no one further wishing to be heard, President Hunziker closed the hearing. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6380 Regular Adjourned Meeting No. 6 — March 18, 2002 Agenda Item E-8 E-9 E-10 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 1,39702 approving Type III, Phase I Amendment #02-01 to the Planned Unit Development for Madonna Towers with six conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #02-03 by Saturn Development to rezone property from B-1 to B-4 located southeast of Pennington Court and Rochester Ford Autobody, and west of 251h Avenue N.W. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer, the Ford dealership, and available for questions. She said that the purpose of the development and rezoning is to provide access to the property, to provide the dealership with some additional parking, and to maintain and regrade the back portion as a drainageway. She said that because of the steep slopes and unapproved site in the back the existing drainageway has not been easily maintained. The entire back portion will be dedicated to the City as a drainageway easement thereby no future issues will arise. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Zoning District Amendment #02-03 by Saturn Development and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried A Hearing on General Development Plan #177 by Saturn Development on property from B-1 to B-4 located southeast of Pennington Court and Rochester Ford Autobody, and west of 251h Avenue N.W. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted agreement with the five conditions. Ms. Clark said that the parking will be employee parking and storage only and not intended for the general public. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve General Development Plan #177 by Saturn Development 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 Land Use Amendment Petition #02-01 by Mike McConnell to amend the land use designation from medium density residential to commercial on land' located along the east frontage road of TH52, north of 261h Street N.W. Councilmember McConnell withdrew from commenting or voting on this item due to conflict of interest. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. He noted that his comments would address both the land use amendment and zoning amendment to the property. The property is .56 acres and includes a portion of the right-of-way for the frontage road. There will be buffer yard RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 18, 2002 6381 1 Agenda Item E-11 E-12 E-13 requirements between the commercial and residential to the east. The property is adjacent to other commercial uses with access to the frontage road. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 140-02 approving Land Use Amendment Petition #02-01 by Mike McConnell 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 Zoning District Amendment #02-04 by Mike McConnell to rezone property from the R-3 to the B-4 district on land located along the east frontage road of TH52, north of 26th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Zoning District Amendment #02-04 by Mike McConnell and instructed the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #178 by Mike McConnell on property located along the east frontage road of TH52, north of 26th Street N.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. He noted that the General Development Plan has been revised as requested by staff. He also noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #178 by Mike McConnell with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-02 by Arcon Development Company to be known as Summit Pointe Third located north of Summit Pointe First and Second, west of North Park 101h Subdivision and east of 501h Avenue NW. Wishing to be heard was Christi Clark, McGhie & Betts, representing Arcon Development Company. She noted agreement with the seven conditions. Wishing to be heard was Greg Neumann, 4469 61st Street N.W. (Savannah Drive) He had concerns about the construction traffic that has not diminished. He has talked with Lar7 Franks of Arcon Development about limiting access to North Park 9th; 44th and 45t Avenue. If the construction traffic continues on the north -south Shetland Drive, the residents of North Park would ask the City to somehow limit the traffic or possibly limit them to entering and exiting onto 65th Street. RECORD OF OFFICIALPROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6382 Regular Adjourned Meeting No. 6 — March 18, 2002 Agenda Item E-14 Richard Freese, Public Works Director, told Mr. Neumann that unfortunately the traffic will probably get worse this summer on Savannah Drive because of the reconstruction of 50th Avenue which will divert some additional traffic onto Savannah Drive They are working on developing traffic plans in the neighborhood to control some of the anaticipated speeding. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 141- 02 approving Preliminary Plat #02-02 by Arcon Development Company to be known as Summit Pointe Third with seven conditions and the Substantial Land Alternation permit 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 #02-08 by B & C Partners LLP to be known as West Century Plaza located along the west side of 6th Avenue N.E. and along the south side of Wellner Drive N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 142-02 approving Final Plat #02-08 by B & C Partners LLP to be known as West Century Plaza with three conditions. Ayes (7), Nays (0). Motion carried. E-15 A Hearing on Vacation Petition #02-01 by The Congregational Church United Church of Christ to vacate a portion of the platted right-of-way of (Meadow Lane S.W.) west of west frontage of TH52, south of the Congregational Church United Church of Christ and north of Skyline Drive S.W. Wishing to be heard was Reverend Diane Harvey, 965 17th Avenue S.W., She was available for questions of the Council and asked them to approve the vacation. She also noted agreement with the two conditions. Councilmember Marcoux asked about Condition #2, does the condition allow access to Lot 28 across Lot 27? Mike Nigbur, Public Works Department, said that the condition requiring an easement would allow for the access. Mr. Nigbur also asked that the Council consider a change in Condition #1 regarding the 25-foot utility easement; he said it should be a 35-foot easement centered on water and sewer. There will be no impact to the Church. Wishing to be heard was Benny Helgerson, 1432 Meadow Lane S.W. Mr. Helgerson said that he was in total disagreement with the proposal; he would like the total street vacated. The street is currently nothing more than an extension of a dead end. Access to Lot 28 will be a shared driveway over Lot 27. He said that the street should have been vacated in 1964 when the rest of Meadow Lane, Lots 29 through Lots 38, were vacated. If the street is not vacated, Mr. Helgerson stated that he would be losing 35 feet of his property. He is not in favor of an 85-foot cul- de-sac but rather 70 feet where the current cul-de-sac is located. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 6 — March 18, 2002 6383 1 C Agenda Item E-16 1-1 G-2a G-2b Mike Nigbur, Public Works Department, said that some area needs to be kept to allow for snow storage in the boulevard area. There will be no change in the site of the paved area of the cul-de-sac; only the platted area of the boulevard where the snow will be piled. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 143-02 approving Vacation Petition #02-01 by The Congregational Church United Church of Christ with two conditions and the suggested change to Condition #1. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Applications to the Federal Transmit Administration for Transit Assistance Funds for Operating Assistance for Regular Route and Dial -A - Ride Services and Purchase of Equipment and Buses. Tony Knauer, Transportation, Public Works Department, noted that an increase of approximately $7,000 for purchase of three buses needs to be allowed under the recent bid opening. In response to a question from Councilmember Senjem, Mr. Knauer said that the State will reimburse $2.7 million for program revenues, fares, advertising; City tax levy is only used for the capital purchases. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 144-02 approving the submittal of grant applications and operating and capital assistance under 49 USC Section 5307 and 5309 of the Federal Transit Administration and submittal of Amendment #1 to FTA Project No. MN-90-X25 for the purchase of revenue control equipment. Ayes (7), Nays (0). Motion carried. Mayor Canfield reported that there has been completion of the Egress Window Task force meeting. The Committee did come up with some help for the landlords. Councilmember Hanson attended the meetings. Mayor Canfield asked that the Council vote a commendation to the Task Force for their work. Councilmembers Senjem moved, Marcoux seconded, to commend the Egress Window Task Force on their difficult task and the hard work that they did toward helping the landlords with their problems. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Subdivision 5 to, and Amending and Reenacting Subdivision 4 of Section 134.11, of the Rochester Code of Ordinances, Relating to Prohibited Parking 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. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the B-1 District to the B-4 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (SE of Pennington Court and Rochester Ford Autobody, west of 25tn Avenue NW) S rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6384 Regular Adjourned Meeting No. 6 — March 18, 2002 Agenda Item G-2c G-3a G-3b G-3c G-3d G-3e An Ordinance Rezoning Certain Property From the R-3 District to the B-4 Zoning District and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. (Along the East Frontage Road of Highway 52, North of 261h Street NW) An Ordinance Rezoning Certain Property From the H Zoning 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, Hanson seconded, to adopt the Ordinance as read. Ares (7), Nays (0). Motion carried. (Holden, Theobald and US West Properties in 55t Street Estates) An Ordinance Annexing to the City of Rochester Approximately 36.77 Acres of Land Located in a Part of the Northwest Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South side of 65th Street N.W., East of 50th Avenue N.W. An Ordinance Creating and Enacting Section 93.10 of the Rochester Code of Ordinances, Relating to the Granting of a Public Transportation Franchise to Abubakar Bashir Elkhalifa DBA Ambassador Limousine, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the H and I Zoning Districts to the R- 2 Zoning District, and From the I Zoning District to the R-1 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Development and Land Development Manual of the City of Rochester, Minnesota, was given a'I second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of College View Road, North of Highway 14 East, East and North of the Sunnydale Subdivisions, East of East Ridge Subdivision) An Ordinance Rezoning Certain Property From the R-1 District to the R-1X District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Marcoux moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 3rd Street S.W, West of 215t Avenue S.W., East of 23`d Avenue S.W.) Having no further business, Councilmembers Evans moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 1 dfrClerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 0 Agenda Item A-1 B-1 C-1 D-1-34 D-1 D-2 D-3 D-4 D-5 D-6 I D-7 A: 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, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Councilmember Marcia Marcoux. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 145-02 referring to the Public Works Department the petition for local improvement from Mac Hamilton to extend the sanitary Sewer, watermain, road improvements and storm water management practices to 501h Avenue N.W., south of Valleyhigh Road. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to approve the consent agenda items as follows. Approved the minutes of the March 4 and March 18, 2002, Council meetings. Approved allowing the Farmers Market the use of the east portion of the Civic Center Lot for the Saturday Farmer's Market between the hours of 7:30 AM and 12:00 Noon from the first Saturday in May through the fourth Saturday in October. Adopted Resolution No. 146-02 entering into a contract with HGA Architects for design services for the repainting of downtown skyway bridges and authorize the City Clerk to advertise for repainting of downtown skyway bridges. Adopted Resolution No. 147-02 entering into a lease agreement with Vision Auto Care for 330 Third Avenue S.E. and amending the City/County operating agreement to reflect the new lease amount. See at end of D Items Adopted Resolution No. 148-02 amending the existing professional services agreement with ACSG, Inc. and Yaggy Colby Associates for the new General Aviation Arrival/Departure Building and painting the existing General Aviation Buildings. Adopted Resolution Nos. 149-02 and 150-02 approving the purchase of two John Deere 7410 Tractors from St. Charles Equipment, Inc. for $111,708.95, two Diamond Triple Flail Mowers and one reversible snow plow to fit John Deere tractors from Doyle Equipment, Inc. at a cost of $60,333.83 and four radios for control tower and vehicle to vehicle communication at a cost of $4,800.00 for the Rochester International Airport all from the State Contract Bid. Adopted Resolution No. 151-02 approving purchase of 2002 GMC Yukon XL as a Emergency Response Vehicle from Nelson Dodge at a cost of $30,151.10 and one radio for control tower communication and light bar/siren configuration at a cost of $2,848.90 for the Rochester International Airport from State Contract Bid. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 Agenda Item M D-10 D-11 D-12 D-13 Adopted Resolution No. 152-02 entering into an agreement with the Government'',of the United States on behalf of the Transportation Security Administration for the reimbursement of Law Enforcement Services at the Rochester International Airport. Approved the application for an On -Sale Intoxicating and Sunday Liquor License for GMRI, Inc. DBA The Olive Garden Italian Restaurant, 380 17th Avenue N.W. Approved the application of Whistle Binkies Old World Pub, 33120 Wellner Drive N.E., for an On -Sale Intoxicating and Sunday Liquor License. Approved the On -Sale Wine and Beer license for the Wright Stuff Restaurant at the Rochester International Airport. Approved the following licenses and miscellaneous activities: Dance — Temporary Helping Youth Find Positive Entertainment — Teen Dance at Graham Arena in conjunction with the Park and Recreation and Police Departments — April 6 and April 20, 2002. Gambling — Temporary Off -Site Rochester Juvenile Hockey Association — Pull -Tabs for Pool Tournament at Graham Arena — April 26, 27, 28, 2002. Turn in Poachers — Raffle — April 20, 2002. Heating Contractor Crown Heating & Cooling, Inc., Crown Point, Indiana Master Installer Matt Starkson, Kasson, Minnesota Nathan C. Robinson, Crown Point, Indiana Sewer and Drains Bud's Excavating, Inc., Kasson, Minnesota Sidewalks — Cement Rock Hard Construction, Stockton, Minnesota Sign Installers M & M Signs, Mankato, Minnesota Sound Amplification Permit Calvary Evangelical Free Church — Prayer Walk — May 1, 2002 — 7:00 to 8:30 P.M. (request waiver of 8:00 PM time period) Zumbrota-Mazeppa High School — After Prom Party at Recreation Lanes Outdoor Golf and Batting Areas— May 4, 2002 —11:30 PM to 3:00 A.M. (request waiver of 8:00 PM time period) 1 RECORDOF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6387 Agenda Item Miscellaneous American Legion Auxiliary — Annual Poppy Days Sales — 3:00 PM May 3, 2002, to 3:00 PM May 4, 2002. Sue Ringhofer — Race to Remember — April 20, 2002. D-14 Adopted Resolution No. 153-02 approving a Professional Services Agreement with McGhie & Betts for preparation of plans and specifications for remodeling the west end of the main terminal building at the Rochester International Airport at a cost not to exceed $14,000. D-15 Approved Accounts Payable in the amount of $5,589,438.85 and Investment Purchases of $3,500,000.00. D-16 Adopted Resolution No. 154-02 approving an amendment with Yaggy-Colby for an increase of $9,892 for architectural services for Fire Station #3. D-17 Approved the appointment of Kevin Hasley to the Housing Board of Appeals for a two-year term ending April 1, 2004. D-18 Accepted the donation of $100 from the Rochester Elks Club for Rochester Police Honor Guard training expenses. D-19 Accepted the donation of money from the Rochester Eagles Club #2228; $200 to the City Animal Shelter for medical expenses for animals and $300 for the Rochester Police Honor Guard training expenses. D-20 See at end of D Items. D-21 Adopted Resolution Nos. 166-02, 167-02 and 168-02 receiving a feasibility report, and scheduling a project and assessment hearing for May 6, 2002, for Project No. 6319-4-00 (J-9824) "Realignment & Construction of Highway 52 East Frontage Road from 33rd Street N.W. to 37th Street N.W." See at end of D Items. D-22 Withdrawn by staff. D-23 Adopted Resolution No. 156-02 authorizing the following changes to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: Delete Paragraphs (83.5), (84), (85), (87), (89), (89.1), (89.2), (90) and (90.1) Add Paragraphs (84) to read: On 3`d Avenue SE, both sides from 2"d Street SE to 11`h Street SE, at all times D-24 Adopted Resolution No. 157-02 authorizing execution of a Professional Services Agreement with the team of H.R. Green Company/CH2Mhill for Project No. J- 4366 rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNICIL CITY OF ROCHESTER, MINNESOTA 6388 Regular Meeting No. 7 — April 1, 2002 Agenda Item D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 "Development of Sewerage Pumping Stations to serve Kings Run, Hadley Valley and the Northwest Territory". Withdrawn by staff. Adopted Resolution No. 158-02 revising sections of the Comprehensive Traffic and Parking Resolution Book as follows: Paragraph (8) of Zone 7 "Kutzky Addition", Section L (Permit Parking) (8) First Street SW from 7th Avenue to 11th Avenue; Permit Parking 10:00 AM-4:00 PM All Days, Zone 5. Paragraphs (34) and (35) of Section B "No Parking Zones" by adding the Following phrase to each: "Delete the Section from 7th Avenue to 11th Avenue". Add Paragraph (34A) to Section B "No Parking Zones" to read: (34A) First Street SW from 6th to 11th Avenue, on the north side from 8:00 AM to 4:00 PM, Mondays, and on the south side from 8:00 AM to 4:00 PM, Tuesdays. Adopted Resolution No. 159-02 adding Paragraph (1.4) to Section J "Passenger/Commodity Loading Zones" to read: (1.4) First Avenue SW in the 200 Block, on the east side of the street, two stalls adjacent to the premise 212 First Avenue SW, (3 minute limit), from 10:00 AM to 6:00 PM, Monday through Friday. Adopted Resolution No. 160-02 accepting voluntary participation by Good Shepherd Church at 559 20th Street SW in the City's Regional Storm Water Mangement Plan. Adopted Resolution No. 161-02 approving a Settlement Agreement in the amount of $19,500 to the Klees for property for Project No. J-2270 "Right of Way Acquisition for the 11th Avenue S.W. " Adopted Resolution No. 162-02 approving settlement agreements in the amount'of $2500 for the Craig House and Jame Rud properties for Project No. J-9745 "Right of Way Acquisition for the Badger Run Sewer". Adopted Resolution No. 163-02 authorizing execution of the Amended City/Owner Contract for Project No. J-9874 "Storm Sewer Relocation to Serve Guyer's Builders Express (Lot 1, Block 2, Fred Schuster Industrial Park)". Adopted Resolution No. 164-02 amending FTA Project MN-90-X131 in the amount of $19,939, and amendment FTA Project No. MN-90-X142 in the amount of $81,713. C D-33 I See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS, OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6389 1 L1 Agenda Item D-34 D-5 D-20 D-21 D-33 Adopted Resolution No. 165-02 authorizing the City Clerk to advertise for bids for Project No. M1-30 (J-9791) "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision Area". Ayes (6), Nays (0). Motion carried. Councilmember Senjem said that the Broadway Plaza Project should do a lot for Broadway and the downtown area and help to "jump start" downtown Rochester. Councilmembers Senjem moved, Hanson seconded, to set a hearing date of May 6, 2002, to consider an amendment to Development Program for Development District No. 2 and the establishment of Tax Increment Financing District 2-2 for the Broadway Plaza Project proposed for development by Rochester Development, Inc. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No.155-02 approving the Wetland Replacement Plan for R & L Enterprises, Scenic Oaks, Phase II, located south of 48th Street SW and west of Willow Creek Golf Course. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded, to reconsider the action on item D-21. Ayes (6), Nays (0). Motion carried. Councilmember Evans asked if the item could be discussed at a Committee -of -the - Whole meeting prior to the public hearing being held. Richard Freese, Public Works Director, asked the Council to set the hearing because it is four weeks away and then ask the City Administrator's Office to schedule a Committee -of -the -Whole. By general consensus, the motion to reconsider and second was withdrawn Councilmember Senjem asked Larry Koshire, Public Utilities Director, if the selling of power to the Central Minnesota Municipal Power Agency would leave the City short of electricity if the summer was hot and the power was needed locally. Mr. Koshire said that the new gas turbine recently installed would generate an additional 50 megawatts of excess power and would still leave the City with extra electricity. Councilmembers Senjem moved, Stobaugh seconded, to adopt the following Rochester Public Utilities resolutions: Adopted Resolution No. 169-02 approving the additional scope and associated costs for the two engineering services agreements with Stanley Consultants, Inc. for Silver Lake Plant modifications in amounts not to exceed $902,500. Adopted Resolution No. 170-02 approving a purchase agreement with Pratt and Whitney for the purchase of inventory spare parts for the new combustion turbine at Cascade Creek in the amount of $698,458.83. 3 rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6390 Regular Meeting No. 7 — April 1, 2002 Agenda Item E-1 Adopted Resolution No. 171-02 approving Change Order No. 1 to the Cascade Creek Combustion Turbine Agreement with Knutson Construction Services, Inc. totaling $114,379.00. Adopted Resolution No. 172-02 approving a contract agreement with Central Minnesota Municipal Power Agency for the sale of 20 megawatts of plant participation electrical capacity for the summer of 2002 at a cost of $250,000.00.1 Ayes (6), Nays (0). Motion carried. A Hearing on Special District #8 by Barlow Neighborhoods to rezone for roadway widths and building setbacks that differ from the established regulations in the Rochester Zoning Ordinance and Land Development Manual. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. Mr. DuMond noted that the biggest issue is the traffic that will be going through Bamberwood. They have been working with McGhie & Betts on the Munchler property to the south to acquire easements for access. The third access into Greystone is turning into more of a priority and they are attempting to get a permanent, if not a temporary, access to alleviate some of the traffic concerns. In answer to a question from Councilmember Senjem, Mr. DuMond said that the zone change to a special district would allow more of a mixed use development. There will be R-1 use for all the boundaries that adjoin R-1 properties. There will be 3000 square foot lots that are permitted under R-1; the only thing that would not be permitted under R-1 are the lots for the townhome units, known as The Lodge, at the north end, adjacent to the wetland and closest to Highway 52. This will serve as a buffer to the single family homes. Wishing to be heard was Fred Banfield, 1105 Greystone Lane S.W. He was the originator of the Bamberwood Subdivision concepts with homes near the City of Rochester in the woods with approximately two acres. He said he views the Crafthill project as a very highend mobile home project. These will be microscopic lots. The representatives of the development say that they will be putting 66 units on 40 acres ... 2/3 of one acre per unit. He said that it is a gross misrepresentation of the facts. There are 74 family units being put on 15 acres; Bamberwood has onf unit per two acres. This particular project does not fit into the area. The area cam( into the City as R-1; it should have been Rsa zoning. He noted that MnDot will be taking 5 acres for right of way and 10 acres in the middle is a wetland preserve. The wetland preserve, except for 2.5 acres, will now be converted to living space. There is an area of woodland preserve which has no status; trees that are there that are not cut down now. This could be used for small unit development in the future. This woodland area should be deeded to the City as parkland and never developed. The project will not increase the property value in Bamberwood and Greystone. The traffic will be a problem; there is no access to the southeast. The eastern loop is paved road access that abuts to vacant land. There is a long line of property running to the east; it looks like an ultimate plan for the property. This project should be denied and the compromise of the neighborhood should be accepted. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6391 Agenda Item 1 Wishing to be heard was Kathryn Morse -Kuhlmann, 1429 28th Street S.W. She appeared on behalf of the Bamberwood residents. One of the alternatives presented is to deny the petition for a special district and to rezone from R-1 to Rsa to be compatible with the adjacent neighborhoods. The project would be modified and a new GDP submitted keeping large homes on large lots. Acreage available could accommodate 15 homes on approximately two acres per lot. Traffic generated would not require a secondary access; access would be through Greystone which has an existing road built to City specifications and secondary access through Bamberwood. Wishing to be heard was Jann Sarkaria, 1311 28th Street S.W. He said that he did not feel that The Lodge concept fits with the surrounding neighborhood. Greystone is on one acre lots; Bamberwood is on two acre lots. The Plunkett property on the opposite side of Bamberwood was trying to be rezoned to R-1; he does not know the status but the size of the lots was a question. Mr. Sarkaria said that the uniqueness of the neighborhoods in Rochester should be maintained. When moving to Rochester, the quiet streets, affordable homes and country feel of the neighborhood is what drew them. Wishing to be heard was Christine Schultze, 503 Eighth Avenue S.W., representing the developer. She explained again that the main reason in applying for the special district was because of the development of The Lodge Townhomes. This piece of property is different than adjoining properties which are up on the hill and highly treed. This property is right off Highway 52; more susceptible to noise and more highly visible to Highway 52. The idea of having a multiple unit right off Highway 52 and closer to the wetland seemed logical. Ms. Schultze clarified the acreage. She said that it is the total acreage of 40+ acres, MnDot has made a preliminary proposal for site acquisition which has not been acted upon. The 66 homes proposed equals about 2/3 of a acre per home. The roads being worked will all connect to platted roadways. She said that Phil Wheeler, in his comments to the Planning and Zoning Commission, said that the 2/3 acre per home is comparable to some of the homes in the surrounding home sites. When Yaggy-Colby looked at the land and what could be built, they considered about 3.5 acres of wetland and steep slopes, over 90 homes could have been sited on the property. The applicant has made strong commitment as to what is a reasonable choice with a reasonable number of home options. Councilmember Hanson asked if there are any plans by the developer to do any further development on the property to the north. Christine Schultze replied that there are no plans around The Lodge; the area is set as a preserve. Ms. Schultze, in response to another question by Councilmember Hanson, said that the developer would be agreeable to put in the development agreement that these lands; i.e., wetlands, preserve, etc., would remain undeveloped. Discussions of public parkland dedication would require more on -going discussion. Councilmember Stobaugh asked if the property to the east was to be developed. Christine Schultze said that it was her understanding that the owner of the property has no intent to develop the very small parcel with a developable hilltop. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6392 Regular Meeting No. 7 — April 1, 2002 Agenda Item Wishing to be heard was Walt Hruska, 1615 Greystone Lane S.W. Mr. Hruska noted that he was one of the developers of Greystone. In developing this area, what would fit with the existing neighborhood was carefully looked at. Greystone has a 1.6 acre per lot density. The Crafthill project does not fit with the rest of the neighborhood. The project, as presented, will bring a lot of traffic into the Greystone area. Wishing to be heard was Kathryn Morse -Kuhlmann, 1429 28`h Street S.W., said that the neighbors are not opposed to the development but in light of the comments, Rsa zoning is a good alternative. She asked Christine Schultze to again clarify the acreage per lot for the homes. Ms. Schultze said that there will be 66 homes on 40+ acres; 2/3 of an acre per lot. Fred Banfield, 1105 Greystone Lane S.W. , said it looks like 15 acres, not 40 acres. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers agreed that the vote on the zone change should not be done until after discussions on the next agenda item, the General Development Plan. Councilmembers Senjem moved, McConnell seconded, to table action on Special District #8 by Barlow Neighborhoods zone change until after discussions on the General Development Plan #179 to be known as Crafthill. Ayes (6), Nays (0). Motion carried. E-2 A Hearing on General Development Plan #179 by Barlow Neighborhoods to be known as Crafthill located south of Highway 52, east of Bamberwood 1st Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He showed a preliminary map of what MnDot was proposing to purchase for Highway 52 right-of-way. He said that Councilmember Hanson and Richard Freese, Public Works Director, have been working on suggested conditions for the development plan which address concerns that were brought up at the second meeting with the neighbors. He said that overall the conditions need to be worked into the development agreement. Mr. DuMond noted that they are in general agreement with the recommended new conditions as well as the seven conditions outlined on the Request for Council Action. Wishing to be heard was Kathryn Morse -Kuhlmann, 1429 281h Street S.W., on behalf of the Bamberwood residents. She read from a prepared statement that said that the residents opposition is the proposed access to the development and not to the development itself. She said that it is their belief that the parameters have not been given the right concern. She spoke to concerns with traffic impact studies and determination of right-of-way widths. She asked the Council to deny the Special District and GDP and change the zoning for the neighborhood from R-1 to Rsa to be compatible with adjacent neighborhoods. She also asked that any action be deferred for three to four weeks to allow refinement of the proposal by the developer, Bamberwood residents and the City. 1 n u RECORD: -OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6393 Agenda Item 1 Wishing to be heard was Joel Kuhlmann, 1429 281h Street S.W. Mr. Kuhlmann referred to a memorandum from Charlie Reiter, Planning Department, on trip generation impact. Mr. Reiter's figures show 495 exiting daily trips per day in Bamberwood alone. Trips coming into Bamberwood from Crafthill would be 630 and Pine Ridge at 235 per day for a total trip generation of 1360 per day through Bamberwood. The figures do not reflect the Greystone development or future development of the Munchler and Plunkett properties. Mr. Kuhlmann said that another consideration should be the proposed access onto the frontage road of Highway 52. They are understanding that such an access would be feasible according to MnDot. Wishing to be heard was Gene Peters, 3015 18th Avenue S.W., representing the Windsor Well Corporation that platted Greystone. He said that they did expect a street connection at one point; however, they did not expect the numbers of traffic generation that are being talked about. Greystone was made as a larger -lot development because it was compatible with the Bamberwood neighborhood. The roads were developed as a rural roadway section; 24-foot roadway with two -foot shoulder and a six-foot pedestrian path. He said that the roads weren't developed to be used as haul roads. They need to be included in the discussions of roadways and construction traffic coming through Greystone. The roads were designed as recommended by the City Public Works Department. Mr. Peters said they are not in favor of the traffic running through Greystone and the Barlow property development is too dense and should only be 25 lots. Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon worked on the Greystone Subdivision and is present at the request of the developers of Greystone to discuss the issue of traffic. The map presented showed the Greystone development to the southeast of the proposed Crafthill development; the area to the northeast showed a portion of the Munchler property. The Munchler property has been worked on since 1978 with different designs. Whipple Lane feeds into the Munchler property, as requested by the Public Works Department; all roads are modified local streets. Some anticipated traffic was expected with other developments but not to handling all of the traffic. The additional planned accesses to Bamberwood are necessary to handle the traffic. Mr. Tointon urged the Council to approve multiple accesses to the Crafthill project. Mr. Tointon said that the average lot size in Greystone is approximately 38,000 to 40,000 square feet; the Munchler property is proposed to have a density of approximately 2/3 acres per lot. Wishing to be heard was John Munchler, Edina, Minnesota. He was first involved with Mills Fleet Farm in 1962 in purchasing the original 120 acres. In the 1980's water was brought into the area and in the 1990's sewer was extended to the property. He said he is supportive of the concept of developing the Barlow land; with the trees nice home sites could be developed. Mr. Munchler related a development that went in close to his home with increased traffic. He said that the neighborhood was concerned about the traffic but after the development was completed, the traffic increase was not noticeable. Mr. Munchler said that they would do whatever they could to help the development. The Greystone rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6394 Regular Meeting No. 7 — April 1, 2002 Agenda Item development was a beautiful, ideal development and the Crafthill development looked to be an upscale project. He said that he lives in a townhome development and finds it very desirable. Wishing to be heard was Jann Sarkaria, 1311 28th Street S.W. Mr. Sarkaria said lit was a good ideal to have the primary haul road through Greystone; however, it will be difficult to control pickups and vans traveling through Bamberwood during construction. A solution would be to delay access to 28th and 30th Streets until a majority of the construction is done so that the pickups and vans have to go on the haul road. The second point that Mr. Sarkaria wanted to talk about was the access to 28th Street, focusing on the intersection of 28th Street and18th Avenue. The traffic on 18th Avenue travels about 50 miles per hour and the turn is blind going to the left. The increased traffic at this intersection will be a major problem. The third item that Mr. Sarkaria addressed was the traffic calming measure; it noted that th'e costs would be divided as to 25% developer cost and 50% resident costs. Why do the residents have to pay for traffic calming measures when the increased traffic is a result of the development? Wishing to be heard was Robin Patterson, 1507 28th Street S.W. Ms. Patterson's property is on 18th Avenue. She agreed with Mr. Sarkaria that the 28th Street and 18th Avenue intersection is extremely dangerous and is getting more so now that Greystone and further developments are included. Turning left is many times a near miss when turning. The entrance to her property is at the top of the hill and is very dangerous to negotiate entering and exiting the property. Ms. Patterson has said that the road is not maintained in the winter to allow persons to get up the hill. i Wishing to be heard was James Seward, 2710 Briar Court S.W. Mr. Seward noted that he has lived in the area for 20 years. The new development is smaller, highly dense compact area. The development will not add additional value to the homes currently in the area; prices have already dropped. This project will look dissimilar next to Bamberwood. He asked the Council to address the points of opposition from the neighbors. Wishing to be heard was Matt Kirchbaum, 2702 14th Avenue S.W. He referred to the annexation process. He said that when the Council looked at the Plunkett property, a hold was put on it; Plunkett said he was going to do something like the Greystone project. Council decided to rezone the property to Rsa and wait until' they saw a plan that would be something consistent with the neighborhood. At that time the Barlow property was put in R-1 because no one was thinking about the property. If it is going to connect with Bamberwood, it should be rezoned to Rsa like the Plunkett property to be consistent. Wishing to be heard was Christine Schultze, 503 Eighth Avenue S.W., representing the developer. She said that the project has been looked at carefully and concerns of the neighbors have been addressed. Ms. Schultze said that in many cases the answers are not ones that please the neighbors in terms of traffic and in terms of capacity of the existing roads to handle the traffic but that Public Works and Planning have gone to a great deal of effort to try to answer the questions. The memo that was handed out tonight was in response of the Councilmember meeting 1 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6395 1 11 Agenda Item E-3 E-4 with the neighbors and then working with Public Works and Planning trying to come up with conditions to improve the situation. Having no one further wishing to be heard, President Hunziker closed the hearing. Terry Adkins, City Attorney, asked the Council to direct him to prepare Findings of Fact, Conclusions of Law, and Order in the matter and defer the final vote until the Findings are brought before the Council. He also suggested that they look at the criteria for a general development plan 61.215, pages 115-118 of the council packet, Criteria E "On and Off Site Public Facilities Being Adequate". Councilmembers summarized their thoughts saying that they thought the development was good and there were no problems with compatibility, but that traffic problems were a concern. Compatibility does not mean that everything has to be the same. They agreed that three to four weeks are needed to come up with reasonable solutions to the project; i.e., access, traffic, etc. Councilmember Senjem moved, Stobaugh seconded, to reopen the hearing on General Development Plan #179 by Barlow Neighborhoods to be known as Crafthill and continue the hearing to May 6, 2002. Ayes (6), Nays (0). Motion carried. A Hearing on a Proposed Business Subsidies for Pace Electronics Project. Wishing to be heard was Gary Smith, Rochester Area Economic Development (RAEDI). He noted the support of RAEDI for the project. Wishing to be heard was Kent Whitney, Pace Electronics. Mr. Whitney was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 173-02 and 174-02 approving a Development Agreement, Business Subsidy Agreement and Purchase Agreement for Patrick and Teri Deutsch. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #02-01 by Exemplar, Inc. to rezone from R-1 to R-2 property located along the south side of College View Road and along the west side of 36th Avenue S.E. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. Mr. Johnson said that the zone change would allow for some single family homes and Townhomes for the area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve Zoning District Amendment #02-01 by Exemplar, Inc. and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6396 Regular Meeting No. 7 — April 1, 2002 Agenda Item E-5 E-6 A Hearing on General Development Plan #176 by Exemplar, Inc. to be known as StonebriV located along the south side of College View Road and along the west side of 36' Avenue S.E. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. He said that the property was originally owned by the Department of Natural Resources; the north half of the property is woods and the south half was farmed. All homes, whether single family or townhomes, will be owner -occupied.) Mr. Johnson noted that the name, Stonebridge, came from the old stone bridge that was on the property that they will try to maintain. He said that all open spaces, including the trees, are private and will be maintained by a homeowners association. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve General Development Plan #176 by Exemplar, Inc. to be known as Stonebridge with ten conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Special District Amendment Final Site Development Plan #01-04, by IBM Mid America to allow the construction of an office building located along the east side of West Circle Drive, west of the Lincolnshire Subdivisions and north of the Douglas Trail. Wishing to be heard was Mark Nelson, United Properties, Bloomington. Mr. Nelson showed pictures of what the building will look like when completed. He has talked with the neighbors about the landscaping plan. Some berming will be done on the east; the Planning Commission had concerns about the landscaping on the west, and landscaping will be added there as well. Wishing to be heard was Frank Kvaternik, 3682 Nottingham Drive N.W. Mr. Kvaternik lives to the east of the project and would like to see some berming there as well so that the cars in the parking area are blocked from his view. Mr. Nelson noted that berming of the area will be done to accommodate the neighbors. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 175-02 approving Special District Amendment Final Site Development Plan #01-04, by IBM Mid America with six conditions. Ayes (6), Nays (0). Motion carried. E-7 A Hearing on Preliminary Plat #02-04 by Freedom Development & Consulting LLC to be known as Ridge View Estates located east of the Valley Side Estates Development and south of Highway 14. Having no one wishing to be heard, President Hunziker closed the hearing. 11� RECORD' OF OFFICIAL ° PROCEEDINGS -OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6397 1 Agenda Item E-8 E-9 E-10 E-11 Councilmembers Evans moved, Stobaugh seconded, to approve Preliminary Plat #02-04 by Freedom Development & Consulting LLC to be known as Ridge View Estates with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-05 by B/S Development to be known as West Park Subdivision located south of Somerset Hills Subdivision, west of Westchester Hills 15t Subdivision and west of the Manor Woods West Development. Wishing to be heard was Bill Tointon, McGhie & Betts, noting that the required outlots as required by the Public Works Department have been provided and that the plat has been revised to satisfy Condition #1. He also said that they were in agreement with the eight other conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 175A-02 approving Preliminary Plat #02-05 by B/S Development to be known as West Park Subdivision and the requested Substantial Land Alteration with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Final Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition located along the south side of 481h Street S.W. and west of 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. 176-02 approving Final Plat #01-14 by R & L Partnership to be known as Scenic Oaks Second Addition with five conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #02-11 by John Klopp to be known as Fox Hill Second Subdivision located along the east side of Grey Fox Avenue SW and south of Fox Hill Place SW. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, noting their agreement with the three conditions. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 177-02 Final Plat #02-11 by John Klopp to be known as Fox Hill Second Subdivision with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #02-05 by Bigelow Enterprises to annex land located south of 551h Street NW, Kingsbury Hills, Kingsbury Hills Second Subdivisions and along east side of 60th Avenue NW. 6398 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 —April 1, 2002 Agenda Item E-12 E-13 E-14 Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon noted that the irregular shape of the annexation was due to the way that the property can be accessed by sewer and water. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to approve Annexation #02-05 by Bigelow Enterprises and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #02-06 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 Tony Ebert, Haverhill Township Supervisor. Mr. Ebert said that the township has no objection to the annexation. However, the general development plan continues to show a connection to Haverhill Subdivision in the southeast corner. The road does not exist; it was abandoned about five years ago. Having no one further wishing to be heard, President Hunziker closed the hearing I Councilmembers Evans moved, McConnell seconded, to approve Annexation #02- 06 by Donald Untiedt and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation #02-07 by Joseph and Wendy Postier to annex land located along the east side of East Circle Drive and south of Century Hills Third Subdivision. Wishing to be heard was Joe Postier, 3208 Salem Road Drive SW. He noted that the haul road will be eliminated when the developer approves the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Annexation #02-07 by Joseph and Wendy Postier and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on City Initiated Text Amendments #01-06, #01-14 and #01-15 to amend Sections 62.273162.274/62.275, Section 62.278 and Section 62.279 of the Rochester Zoning Ordinance and Land Development Manual. Wishing to be heard was Ann Scheekloth, 1204 415t Street N.W. She asked if the i ordinance amendments would do something to eliminate a smokehouse in their neighborhood. She indicated that no one can keep their windows open because of the odor caused by the smokehouse. Ms. Scheekloth said that an operation of this kind does not belong in a residential neighborhood. i 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. 7 — April 1, 2002 6399 Agenda Item E-16 1 Councilmembers Senjem moved, Stobaugh seconded, to approve City Initiated Text Amendments #01-06, #01-14 and #01-15 to amend Sections 62.273/62.274/62.275, Section 62.278 and Section 62.279 of the Rochester Zoning ordinance and Land Development Manual and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember Senjem asked if the smokehouse was acceptable if it had not been permitted. John Harford, Planning Department, noted that the building did have a permit at the time of construction and was designated for personal use. If the owner is using the smokehouse as a business, it would be in violation. Ayes (6), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. M02-03 (J-7201) "Curb, Gutter and Street Restoration on 2"d Avenue NW from Civic Center Drive to 61h Street NW and 6th Street NW from 2"d Avenue NW to 1 st Avenue NE". Wishing to be heard was Phil Henoch, 2012 Southfield Court S.W. Mr. Henoch said that the feasibility report does not say what the pressure is going to be in the steam line. The project needs permits from the State before proceeding. The steam line will be under the railroad tracks. There will be vibration from the coal trains; how will it be handled from a safety point? What type of signage will indicate there is a high-pressure steam line? Richard Freese, Public Works Director, indicated that Rochester Public Utilities does have the permit for the railroad crossing. The other permits needed from the State are still pending. Wishing to be heard was Jeff Boysen, 101 Sixth Street N.W. Mr. Boysen asked if Sixth Street would be widened. He indicated that after 7:30-8:00 AM Mayo employees park on 6th and 1 st Streets. Getting in and out of the area during the day is quite difficult dodging the parked cars and on -coming cars. Mr. Boysen said that his property has been rezoned to commercial; why should he have to pay for the street when its going to be a business soon. Richard Freese, Public Works Director, said that there are no plans to widen the street. Any parking problems should be addressed to Dave Rossman. Wishing to be heard was Randy Collins, Collins Feed and Seed Store, 411 Second Avenue N.W. He is on the dead end street next to the Rochester Ready -Mix on the south end of the project. He noted agreement with the storm water drainage and sewer and street condition issues but had concerned with the parkin? lot layout for his business. His parking lot lines the entire avenue side between 5t Street and the railroad; the sidewalks and streets go nowhere. Mr. Collins could not see the rationale to tearing up the sidewalks and the installation of curb and gutter. He said that a slight rain gutter would be helpful but the remainder should be left as is. Richard Freese, Public Works Director, had previously showed Mr. Collins a portion of a gutter section with a high back and driveway openings. This evening he met with Mr. Colllins and assured him that they would construct a gutter section that rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6400 Regular Meeting No. 7 — April 1, 2002 Agenda Item would allow use of the entire frontage for access to and from the east side of his building. He indicated that Mr. Collins would be agreeable to that versus a separate driveway opening and curb and gutter section. Wishing to be heard was Phil Henoch. 2012 Southfield Court S.W., asking if all curb cuts will be maintained as status quo. Richard Freese, Public Works Director, answered that there is no plan to changed curb cuts; if there are slight modifications that people want, they can talk with the inspector. Wishing to be heard was Cecelia Buller, 2915 Mayowood Common Court S.W., representing Bishop Management Property at 25 and 29 Sixth Street N.E. She said that they are against the project and challenge the benefit of the project for the property. She said that the two issues of the steam line and curb and gutter are linked. She said that it appears no reason to update the streets other than the Mayo Foundation wants the steam line put in. Ms. Buller said that the project should be suspended until the DM&E issue is resolved as far as where the overpasses will be placed. Richard Freese, Public Works Director, said that they are working with Rochester Public Utilities on routing the line and chose a conservative route that would stay away from any over or underpasses for the railroad. This route would have the least impact on any possible changes if the DM&E comes through Rochester. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to approve Local Improvement Project No. M02-03 (J-7201) "Curb, Gutter and Street Restoration on 2n Avenue NW from Civic Center Drive to 6th Street NW and 6th Street NW from 2nd Avenue NW to 1st Avenue NE". Councilmember Senjem said that the steam line has been worked on for a year; what would happen if the permit is not approved by the State, will the street project still be completed? Richard Freese, Public Works Director, said no, the two need to be linked. The approval of the project needs to be conditional on both the project and the assessment as tied to the steam line project. Councilmembers Stobaugh amended the motion, Hanson seconded, that Project No. J-7201 is contingent upon the steam line project. Ayes (6), Nays (0). Motion' carried. E-15 A Hearing to Consider the Proposed Assessment on Project No. M02-03 (J-7201) "Curb, Gutter and Street Restoration on 2nd Avenue NW from Civic Center Drive to 6th Street NW and 6th Street NW from 2nd Avenue NW to 1st Avenue NE". Wishing to be heard was Cecelia Buller, 2915 Mayowood Common Court S.W., representing Bishop Management Property at 25 and 29 Sixth street N.E. She asked if the Mayo Foundation will be contributing to the cost of the street RECORD OF OFFICIAL PROCEEDINGS 'OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6401 1 Agenda Item reconstruction project. Richard Freese, Public Works Director, said that the Mayo Foundation will be paying for all the utility work, the trenching to the sub -grade; the City picks up the cost of reconstruction of the street. Ms. Buller said that the curb and gutter project wouldn't be taking place unless the steam line project was happening; therefore, why should be taxpayers be asked to pay for a project that is the Mayo Clinic and the City. The property that is being assessed is a vacant lot and she questioned the benefit to the property when it is used only for parking. Gary Neumann, Assistant City Administrator, noted that the street is approximately 45 years old having been built in 1957. Richard Freese said that because the project has been classified as a street reconstruction rehabilitation project, the cost is substantially lower than in a reconstruction project. Wishing to be heard was Randy Collins, Collins Feed and Seed, 411 Second Avenue N.W. He said that if the project is only being done because of the steam line, it wasn't needed to begin with. The owner is paying 25 percent, the City 75 percent, what is Mayo paying? Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, McConnell seconded, to adopt Resolution No. 178-02 approving the Proposed Assessment on Project No. M02-03 (J-7201) "Curb, Gutter and Street Restoration on 2"d Avenue NW from Civic Center Drive to 61h Street NW and 6th Street NW from 2"d Avenue NW to Vt Avenue NE" contingent upon the steam line project moving forward. Ayes (5), Nays (0). Motion carried. Councilmember Senjem abstained. Councilmember Stobaugh noted his relationship to the Mayo Foundation. H-1 Councilmembers Stobaugh moved, McConnell seconded, to remove from the table the Parking Regulation Ordinance Amendments. Councilmembers Stobaugh moved, Hanson seconded, to approve the amendments to RCO 134.17, 134.18, 134.19 as presented. Discussion. Councilmember Senjem asked if the ordinance would only apply in the commercial business district and not in the residential districts. City Attorney Terry Adkins said that the portion regarding parking in alleys would mainly apply to the business district; however, the double parking portion of the ordinance would apply throughout the City and means that, for example, a moving van in a residential neighborhood could park on the street but could not double-park on the street. Dave Rossman, Public Works Department, said that his department will provide temporary no -parking signs to be placed ahead of time so that a moving van could use parking at the curb. Ayes (5), Nays (1). Motion carried. Councilmember Senjem voted nay. G-2a An Ordinance Rezoning Certain Property from the R-1 District to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and x rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6402 Regular Meeting No. 7 — April 1, 2002 Agenda Item G-2b G-2c G-2d G-2e G-2f G-3a G-3b G-3c Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (South side of College View Road, West side of 361h Avenue SE) An Ordinance Annexing to the City of Rochester Approximately 52.10 Acres of Land Located in the South Half of the Northwest Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 551h Street N.W., East side of 601h Avenue N.W.) An Ordinance Annexing to the City of Rochester Approximately 36.65 Acres of Land Located in a Part of the Southwest Quarter 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 Development, West of Haver Hills Subdivision) An Ordinance Annexing to the City of Rochester Approximately 22.5 Acres of Land Located in a Part of the Southwest Quarter of the Southeast Quarter of Section 30, and a Part of the Northwest Quarter of the Northeast Quarter of Section 31, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (East side of East Circle Drive, South of Century Hills Third Subdivision) An Ordinance Creating and Enacting Section 62.279, and Amending and Reenacting Sections 62.273, 62.274, 62.276 and Subdivision 7 of Section 62.278 of the Rochester Code of Ordinances, Relating to Accessory Buildings and Smokehouses and Residential Zoning Districts, was given a first reading. An Ordinance Amending and Reenacting Sections 134.17 and 134.19, and Repealing Section 134.18 of the Rochester Code of Ordinances, Relating to Parking Regulations, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 39.74 acres of land located in the East Half of the East Half of the Northeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of Valleyhigh Road between West Circle Drive and 50th Ave. NW.) An Ordinance Annexing to the City of Rochester Approximately 39.76 acres of land located in the West Half of the East Half of the Northeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of Valleyhigh Road between West Circle Drive and 50th Ave. NW.) An Ordinance Rezoning Certain Property from the R-1 District to the R-2 Zoning District and Amending Ordinance No. 2785, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North of Valleyhigh Road Between West Circle Drive and 50th Ave. NW - 80 acres.) 1 RECORD OF. OFFICIAL PROCEEDINGS -OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 — April 1, 2002 6403 Agenda Item G-3d G-3e 1 An Ordinance Amending and Reenacting Sections 60.200, 62.312, 62.395 of the Rochester Code of Ordinances, Relating to Permanent and Seasonal Garden Centers, was given a second reading. Councilmembers McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 55.54 acres of land located in a Part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North Side of 55th St. NW, East of 60th Ave. NW and Southwest of the Douglas Trail.) Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6404 Special Meeting No. 8, - April 5, 2002 Agenda Item B-1 F-1 President John Hunziker called the meeting to order at 12:00 P.M. in Room 104 of the Rochester City Hall with the following members present: Councilmembers Dennis Hanson, Jean McConnell and Walter Stobaugh. Absent: Mack Evans, Marcia Marcoux and David Senjem. City Administrator Steve Kvenvold explained the purpose of the meeting was to review a Dance Application that was previously approved but after an investigation turned up numerous concerns and inconsistencies regarding the event. Wishing to be heard was Police Chief Roger Peterson. Chief Peterson stated the Graham Arena Management had contacted the department with concerns about' the dance that had been approved for Saturday, April 6, 2002 . He explained that the application had stated that this was to be a teen dance for the youth and that portions of the proceeds were to be donated to the Ronald McDonald House. After some investigation by the police narcotics division, it was determined that this was an all night dance open to young adults ages 18 and up. The Ronald McDonald House was contacted and though an application had been sent, a response was never received and they stated they have not approved of these dances as official fundraisers. Chief Peterson reported that through researching the advertisement for this event on the web and other same venues that this was consistent with a Rave style dance. Some similarities were: an all night event, internet only advertisement, out of town soliciting, advertising of "cool down" rooms, lack of definite location. All these were consistent with a Rave type dance where drugs, illegal activities and injuries occur. Based on the web site information and the inconsistencies of what was requested in the application and what is being advertised, meaning it's an all-night adult dance not a teen dance, that the application was only for April 6th not the 6th and 7th, and that is was not a charitable event, Chief Peterson recommended to the Council to revoke the dance application by William Bump. Wishing to be heard was Officer Kaase, Narcotics Division, reiterating Chief Peterson's concerns. He stated through his training and experience in narcotics and the facts of the investigation have led him to the conclusion that this is a Rave dance with all it's implications of drug use and other illegal activities. Wishing to be heard was William Bump, Founder of HYPE Coalition and owner of Hypnotik Productions. Mr. Bump read a written statement (which is on file). Mr. Bump stated he didn't mean to mislead or be fraudulent on the application. Highlights of his statement addressed the issue of the teen dance changing to an 18 and older because of the curfew ordinance. His partner had dropped out of the event organization for personal reasons and because of that the Ronald McDonald House application was not submitted in time for the dance. Mr. Bump stated he had contacted the police department and park department for help with the event. He said he did not advertise where the dance was to be because he didn't have the proper insurance until after the advertisement was released. Councilmembers Stobaugh moved, Hanson seconded to reconsider Council action of April 1 st approving license numbers 0002 and 0003 issued to Bill Bump for dances on April 6th and 20th.2002. Ayes (4), Nays (0). Motion carried. �1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 8, - April 5, 2002 6405 Agenda Item 1 Councilmembers Hanson moved, Stobaugh seconded to revoke and rescind License 0002 and 0003 issued to Bill Bump for dances dated April 6th and 20th, 2002. Ayes (4), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Stobaugh seconded to adjourn the meeting. Ayes (4), Nays (0). Motion carried. ��ZQ22� - Deputy City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6406 Regular Adjourned Meeting No. 9 —April 15, 2002 Agenda Item A-1 B-1 C-1 D-1 D-1 D-2 D-3 D-4 D-5 D-6 D-7 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmember Evans announced that he will not be seeking a fourth term as Councilmember of the Fifth Ward. He said that he had enjoyed working and knowing members of the City staff and the other Councilmembers. He will be missed. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 180-02 referring the petition from Payne Company and Arcon Development for "Extension of Sanitary Sewer to serve portions of Century Hills and Shannon Oaks" to the Public Works Department for a feasibility study. Councilmembers Stobaugh moved, McConnell seconded, to approve the following consent agenda items. Approved the minutes of the April 5, 2002, Council Meeting. Concurred that no public hearing be held at this time on disorderly use property violations at 33 Ninth Avenue N.W. Approved the appointment of Maggie Hameister to the Citizens Advisory on Transit for a three-year term ending December 31, 2004. Approved the submission of comments to the Federal Communications Commission on the cable modem matter with a cost not to exceed $2500 without additional Council approval. Adopted Resolution No. 181-02 approving the advertisement for bids for Project No. J-6976 for "Watermain to the General Aviation Area and Pavement Overlay on Brataas Drive S.W." at the Rochester International Airport. Adopted Resolution No. 182-02 approving the advertisement for bids for Project No. J-6975 "Perimeter Road Around the Approach End of Runway 20 and Construction of a Cabstand Area Near the Terminal Building". Approved the following Licenses and Miscellaneous Activities: Gambling —Temporary Raffle Trout Unlimited, Hiawatha Chapter — Raffle at Kahler Grand Hotel — May 4, 2002. Master Plumber Schnapp Plumbing & Heating, Inc., Blaine RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 — April 15, 2002 6407 Agenda Item Outdoor Dininq John's Family Restaurant, 6 First Avenue N.W. Sewer and Drains John Miller Excavating, Rochester Heselton Construction, LLC, Rochester Miscellaneous Activities Veterans Memorial Association — Memorial Day Parade — May 27, 2002 Glendale Neighborhood Association — Flag Day Parade — June 14, 2002 Rochester Area Family YMCA — 5K Running Race — June 1, 2002 Rochester Senior Citizen's Center — Walk Around the Block Fundraiser — August 23, 2002 D-8 Adopted Resolution No. 183-02 approving the amended General Records Retention Schedule for Minnesota for the City of Rochester. D-9 Adopted Resolution No. 184-02 approving the re -advertisement for bids for dump boxes, wing plows and other miscellaneous truck accessories for the Public Works Department. D-10 Approved Accounts Payable in the amount of $3,007,990.53 and Investment Purchases of $5,497,186.67. D-11 Adopted Resolution No. 185-02 extending workers' compensation coverage to elected and appointed officials of the City of Rochester. D-12 Adopted Resolution No. 186-02 approving the bid from Greenway Cooperative for tankwagon fuel to be supplied to various City departments for one year with the open of extending the contract for two additional years. D-13 Adopted Resolution No. 187-02 approving the 2002-2004 labor agreement with the Inspector's Association. D-14 Adopted Resolution No. 188-02 authorizing the position of Customer Service Representative at Rochester Public Utilities for Larry Adamson. D-15 Adopted Resolution Nos. 189-02, 190-02 and 191-02 approving a Project Hearing and Assessment Hearing for May 20, 2002, for Project No. M1-36 (J-9799) "Sanitary Sewer and Watermain to Serve the North Y2, NE % Section 35, Rochester Township (Graham Property)". D-16 Adopted Resolution No.192-02 authorizing the advertising of bids for Project No. M1-32 (J-9793) "Sanitary Sewer and Watermain Extension to Serve the Sunnydale Subdivision Area, Phase II". D-17 Adopted Resolution No. 193-02 authorizing the advertising of bids for Project No. M1-36 (J-9799) "Sanitary Sewer and Watermain to Serve the North 1/2, NE1/4, Section 35, Rochester Township (Graham Property)". s / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6408 Regular Adjourned Meeting No. 9 —April 15, 2002 Agenda Item D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 Adopted Resolution No. 194-02 authorizing the advertising of bids for Project No. M1-06 (J-9750) "Sanitary Sewer and Watermain Extension to Serve the Rose Haven Subdivision Area". i Adopted Resolution No. 195-02 awarding the contract for Project No. M1-01 (J- 9745) 'Badger Run Sub-Trunkline Sanitary Sewer from 22"d Street S.E. to 32"d Street S.E.". to S.J. Louis Construction in the amount of $747,487.00. Adopted Resolution No. 196-02 approving Lawler Environmental, Inc. to complete wetland delineation services at the Materials Processing Facility at the Carr parcel south of the Rochester International Airport for an amount not to exceed $3,850.00. Approved setting a public hearing for May 20, 2002 on the TH63 Final Geometric Layout Plan. Adopted Resolution No. 197-02 approving the City Engineer to issue a Noise Permit to the TH52 Design Builder based on the conditions as outlined in the Request For Council Action. Adopted Resolution No. 198-02 authorizing the advertising of bids for Project No.' 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6th Avenue S.E. from 161/2 Street S.E. to end of Cul-de-Sac" and Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7th Avenue S.E. from 16th Street to 16 1/2 Street S.E.". Adopted Resolution No. 199-02 authorizing the advertising of bids for Project No.j 6217.5-4-02 (J-9842) "Curb, Gutter & Overlay on 17 1/2 Street N.W. from 21st Avenue N.W. to 19th Avenue N.W." and Project No. 6216.5-4-02 (J-9843) "Curb, Gutter & Overlay on 16 1/2 Street N.W. from 21st Avenue N.W. to 19thAvenue N.W.". Adopted Resolution No. 200-02 authorizing the advertising of bids for Project No. 6315-2-02 (J-2275) "Concrete Rehab on 15th Avenue S.E. from 4th Street S.E. to 11 th Street S.E.". Adopted Resolution No. 201-02 authorizing the City Clerk to advertise for bids for Project No. 7503-18-99 (J-4940) "Construct Bike Trail Along Viola Road N.E. from 151h Avenue N.E. to trail across from Entrance to Parkwood Hills N.E." upon approval from the Minnesota Department of Transportation. Adopted Resolution No. 202-02 authorizing the City Clerk to advertise for bids for Project No. 6350-4-00 (J-9578) "Improve 501h Avenue N.W. from 65th Street N.W. to South of Nicklaus Drive N.W. and 55th Street N.W. from the Douglas Trail to west of 52"d Avenue N.W." Adopted Resolution Nos. 203-02 and 204-02 authorizing bids to be advertised for Project 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". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 — April 15, 2002 Agenda Item D-29 Adopted Resolution No. 205-02 setting a hearing for May 6, 2002, to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 6th Street S.W. in the 800 Block. D-30 Adopted Resolution No. 206-02 approving a City -Owner Contract for Project No. J- 5005 "Basic Construction in Century Hills Sixth Subdivision" with Payne Company and Winona Mechanical, Inc. D-31 Adopted Resolution No. 207-02 approving an amended City -Owner Contract for Project J-9784 "Basic Construction in Hart Farm Subdivision" with MOG, LLC & GP Development, Inc. and Elcor Construction, Inc. D-32 Adopted Resolution No. 208-02 approving a City -Owner Contract for Project No. J- 9875 "Basic Construction in South Pointe Eighth" with All Pointe Development and Elcor Construction. D-33 Adopted Resolution No. 209-02 approving a City -Owner Contract for Project No. J- 5008 "Basic Construction in Boulder Ridge Second" with Arcon Development, Inc. and Arcon Construction, Inc. D-34 Adopted Resolution No. 210-02 approving a City -Owner Contract for Project No. J- 9864 "Basic Construction in Southern Woods Fourth Addition" with Southern Woods Development Corporation and Elcor Construction. D-35 Adopted Resolution No. 211-02 approving the Amended Development Agreement with Jerry Schultz and Randy Reynolds dba Southern Woods Development Corporation for the Southern Woods property. D-36 Adopted Resolution No. 212-02 approving a City -Owner Contract for Project No. J- 5010 "Basic Construction in Orchard Ridge First Addition — Phase 3, consisting of Lots 1 through 22, Block 5; Lots 1 through 7, Block 9; Lots 1 through 22, Block 10; Lots 1 through 19, Block 11; Lots 1 through 20, Block 12; Lots 1 through 13, Block 13; and Outlot'B"' with G.A. Nelson Companies and Griffin Construction Company. D-37 See at end of D Items. D-38 See at end of D Items. D-39 Adopted Resolution No. 213-02 authorizing execution of the Cooperative Agreements No. 83026R with MnDof for the Traffic Signal Agreement on TH 52 at the 55th Street Interchange. D-40 See at end of D Items. Ayes (7), Nays (0). Motion carried. D-37 Adopted Resolution No. 214-02 approving the Final TH 52 Geometric Layout Plan and indicating the City's intend to enter into a Municipal Cost Share Agreement with MnDot for the City's share of improvements to TH 52. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 — April 15, 2002 Agenda Item D-38 A hearing will be required for adoption of the revisions to the Official Street Map No. 12 to be consistent with the TH 63 Final Geometric Layout Plan. The hearing will be held on May 20, 2002. D-40 Wishing to be heard was Bill Bump, 6538 West River Road N.W., co-owner of Hynpotik Productions. Mr. Bump said that the information received by Councilmembers was compiled with the assistance of the Rochester Police, Fire', and Park Departments. He then addressed the outstanding issues of: Keeping illegal substances out of the event, Security inside the event, Medical support, Fire code and building capacity, Parking and outside security and Limiting the number of tickets to only 1500 sold. Mr. Bump said that two uniformed officers at the door and six officers inside the building would provide security for the event. All individuals will be thoroughly searched prior to entering the building. Inside the building there would be no areas that were not capable of sight monitoring and individuals in the crowd would be watched for any suspicious activity. He said that a medical support team would be on hand to handle any medical problems. The fire and building codes support approximately 2000 people in the building; however, as stated earlier, the tickets would be limited to 1500 sold. The Olmsted County Fairgrounds provides ample parking for any event and security teams would be roaming the parking lots for any problems. In answer to a question from Councilmember Marcoux, Mr. Bump stated that general liability insurance will be provided under his company's name for the event. Terry Adkins, City Attorney, said that in reviewing the insurance coverage he wanted a Hold Harmless Agreement to cover the City in the event of any problem. President Hunziker asked Mr. Bump about the drug "Ecstasy" being present at this type of event, usually referred to as a "RAVE". He asked Mr. Bump how long the drug could last if someone were to take it before entering the event. Mr. Bump said it lasts about three hours. Councilmembers also asked Mr. Bump about the term "Super Skunk 4-20" which has been known as another name for marijuana and 4-20 as a day for the legalization of marijuana. Mr. Bump said that "Super Skunk" was just a name of an event to draw people and did not signify that it would be a drug -oriented party. He said that 4-20 just happened to be only one of two days that the Park Department had the Graham Arena open for booking. Lyle Felsch, Deputy Fire Chief, Rochester Fire Department, noted that he had met with Mr. Bump and the Police Department on Friday prior to the Council Meeting. He said that 2000 is a maximum occupancy limit. Mr. Felsch said that three fire fighters will suffice for a crew on -site for the event. No man-made structures will be used in the interior of the building limiting the event of fire concerns. Jim Pittinger, Captain, Rochester Police Department, said that the Police Department had met with Mr. Bump on two separate occasions. He noted that Mr. Bump had replied to their concerns; however, they still had some issues that caused them further concern. One concern was that controlled substances could be digested before entering the event, without anyone detecting, and other substances were in a form so small that they could not be detected. The second I I RECORD, OF OFFICIAL PROCEEDINGS OF`THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 —April 15, 2002 6411 Agenda Item concern was the noise issue. The event was billed as 100,000 watts of power and the Police Department felt that it would be able to be heard in the surrounding neighborhoods. The third concern was the event running until 4:00 A.M. The Police Department felt that people leaving at that time would not go somewhere to sleep but rather want to continue partying and possibly drinking. The final issue was the commitment from the vendors and medical support and their intent. Wishing to be heard was David E. Byer, 1449 121h Avenue N.E. Mr. Byer said that other people in the City are also concerned about the 4-20 date. He said that there are other forums that talk about the 4-20 date and that this event is not merely a coincidence. He said other events scheduled on that date which also bear the designation 4-20 as shown on various websites. Wishing to be heard was Jennifer Henderson, 1126 Jackson Street, Shakopee. Ms. Henderson said that 4-20 has been brought up as to how the day reflects on the significant illegal use of drugs. She noted that she was born on 4-20 and will turn 21 this year. She said that nothing has been ever put out to the public that 4- 20 was a specific date for narcotics. She said that it should not be grounds for anyone to place a ruling on the event before the Council. Ms. Henderson said that RAVES are no more an event where you can see your favorite artist perform in person. She said she has gone to many across the country and not been involved in the use of drugs. She asked the Council to have a more open opinion on this type of event. Roger Peterson, Chief of Police, said that another issue is whether or not an event of this type can be put on by someone who is on probation for involvement with drugs. He noted that they have noted their concerns about what has happened with events of this nature in other areas and with the arrangements for the 4-20 event. He said that Super Skunk may be the title for a dance but is also the name for a high-grade of marijuana. 4-20 might be a coincidental date but is also the date for the proponents of legalization of marijuana. Where the patrons for the event are going to come from is of concern. This will not be local kids but other people looking for RAVE events. Drugs can be easily taken well before an event and will last right through the event. Mr. Bump has indicated that it would not be a profitable event unless it went through the night. Chief Peterson said that it becomes problematic for the police department. He said that he felt that Mr. Bump has met those concerns that he could meet within the framework of what he is trying to accomplish in putting on an all-night event of this nature. However, he said that those concerns that are inherent in putting on an all-night event have been; specifically, the people who would be attending, the inability to regulate behavior as a result of the nature of the incident and the noise generated from it, and the hours of the event. From a security standpoint, the event would need to be run like any others, that there would be some reasonable ending time to insure the rest of the City that normal crowd dispersal and noise could take place. Roy Sutherland, Park Department Director, said that the Park Department is in the rental business and to put on safe events. There are no Park policies that would prevent the City from having the event. The D & R Pool Tournament goes throughout the night from Friday at 5:00 P.M. to Sunday at 5:00 P.M. The Park rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6412 Regular Adjourned Meeting No. 9 —April 15, 2002 Agenda Item E-1 Department requires that insurance certificates are provided and adequate security and policing is in effect. Terry Adkins, City Attorney, said that the City Council can consider the obligations for the safety, comfort, and convenience for others who live in the area as per Rochester Code of Ordinances Chapter 117. He said that the Council must keep in mind the adverse secondary effects, if any. It is not the content but the effects that might happen if you allow the event to occur or not occur and how to curtail hours of operation. Conditions can be made as to hours of operation or arrangements, that still need to be made. He again stated that the promoter should include on the insurance policy that the. City is made an additional insured no later than 48 hours prior to the start of the event. Councilmembers McConnell moved, Evans seconded, to deny the permit to Bill Bump for a single dance permit at the Graham Arena West on April 20 and 21, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. located along the north side of West Center Street and along the east side of 51h Avenue NW. Wishing to be heard was Mark Jasmin, HGA Architects, representing the developer, Sunstone Hotel Investors. He felt that the issues that staff had have been resolved. They have met with all concerned departments and parties. They are asking for a parking variance and have the incentive development plan. The first proposal was for 28 parking stalls under the building with other provisions for parking. A revised parking plan has been put together which allows the dedicated parking spaces for the project and include provisions for freeing up additional parking in the facility, providing park -and -ride, transit passes and utilizing other parking facilities that they have in the downtown and surrounding areas. At this time the developer is asking for a variance from the 80 parking spaces required to 60 spaces. Mr. Jasmin said that the new Incentive Development Plan shows the floor area ratio as 1.5; they 'are proposing a project with a floor ratio of 3.9. A number of items have been listed to accomplish that: below grade parking, 85 percent of the sidewalks have been canopied, snow melt systems for the sidewalks will be provided, landscaping and plaza area on 24 percent of the area of the site, working with Public Works on the alignment of the drop-off area and service bay. They are also intending to connect the project to the Mayo subway when Mayo has such plans in place. The extension of the subway has been shown in the Mayo five-year plan. Mitzi Baker, Planning Department, said that it would be hard to police as far as parking and other concerns with the development. A new owner would have to notify the Planning Department when they take over. Wishing to be heard was Bill DeLacruz, 503 Second Street N.W. Mr. DeLacruz said that he lives close to the development and has seen the deterioration of parking in the area for the past 30 years. He said that permit parking was established about two years ago but doesn't work. No one is patrolling the area. The Mayo Clinic provides free parking at the edge of town but their employees still 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 — April 15, 2002 6 413 Agenda Item 1 park in this area. He suggested that if the developer wants to make money, they should build a parking lot instead of hotel in this area. There is no parking downtown. If you are going to grant a variance for 60 parking spaces to this developer, you should just change the ordinance and allow it for everyone. The original requirement was established for a reason and should be followed. Wishing to be heard was Stephanie Kyland, 904 First Street N.W. She said that her back yard backs up to a very large parking lot. When the builders of the parking lot requested a variance to grade the buffer zone between the parking lot and the properties, the property owners agreed. As the project progressed, many problems surfaced. She asked the Council to keep in mind that rules are there for a reason and that the Kutzky Park neighborhood has a very large parking problem due to the development of the downtown area. Wishing to be heard was Glen Faith, 1004 First Street N.W. He said that he has no objections to the project but the ordinance talks about one stall per room. He is a member of the Kutzky Park Association; the area is residential. If a residential neighborhood is going to exist, it must be taken care of. It doesn't need any more parking spillover into the streets. Most of the residents don't have access to their own property frontage; they are everyone's parking lot. If the hotel is built and "shave" the ordinance, where are people going to park, where are the employees going to park. Many off -site parking lots can be provided, but people will park in the neighborhood. He asked that the Council uphold the ordinance of one stall per room. Mitzi Baker, Planning Department, noted that most of the testimony that he being taken relates more to Item E-2, the variance denial. Wishing to be heard was Mark Jasmin, HGA Architects, representing the developer, Sunstone Hotel Investors. He said that the hotel projects that they have been involved with have shown documented parking space demand in the range of 40-50 percent on a regular basis. The Sunstone facilities downtown are in the same range. Wishing to be heard was Bill DeLacruz, 503 Second Street N.W. He said that there are no set standards as to the amount of parking required when a hotel is built. When the Fiksdal Hotel was built, the City made them adhere to the ordinance. When variances are granted, a domino effect is felt in the neighborhood. Wishing to be heard was Glen Faith, 1004 First Street N.W. He said that the neighborhood is more concerned about employee parking rather than hotel resident parking. Perhaps the ordinance needs to be amended to take employee parking into account as well. Wishing to be heard was Frank Heavlin, Sunstone Hotel Investors. There will be approximately 50 employees at the new hotel. Many of the employees will be individuals who take public transportation, don't own cars and would not be able to pay for parking. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 4 1_ 4 Regular Adjourned Meeting No. 9 — April 15, 2002 Agenda Item E-2 Wishing to be heard was Bill DeLacruz, 503 Second Street N.W. Mr. DeLacruz also asked the Council to consider that when a building is under construction, the construction workers are also parking in the neighborhoods. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hanson seconded, to table Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. until the Variance Denial (Item E-2) is dealt with. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I, Appeal #02-01 of the Rochester City Planning and Zoning Commission denial to provide only 28 of the required 80 parking spaces for the proposed Incentive Development #01-34 by Sunstone Hotel Investors, Inc. located along the north side of West Center Street and along the east side of 5`h Avenue NW. Wishing to be heard was Mark Jasmin, HGA Architects, representing the developer, Sunstone Hotel Investors. He said that the hotel is a 78-room extended stay property. Many Clinic patients spend 1-4 months at a time in Rochester and usually don't bring their cars. These people have been here before and know what the parking situation is. Mr. Jasmin said that they expect a very low ratio of occupancy in the parking lot. The hotel is financially designed to operate at 70 percent occupancy which means that six months of the year they will run about 30-40 percent. The 60 parking spaces should cover any demand. Terry Adkins, City Attorney, said that the findings for the variance denial are found on pages 152 and 153 of the Request for Council Action. The Planning Commission said that there were no extraordinary conditions that would apply to this property that do not apply generally to other properties the area. The Commission suggested that the site plan could be redesigned to accommodate the needed parking spaces. Wishing to be heard was Mark Jasmin, HGA Architects, representing the developer, Sunstone Hotel Investors. Mr. Jasmin said that the property is sitting on bedrock. The underground parking that is planned will be difficult and to go further underground in the bedrock would be costly. Parking stalls could cost as much as $25,000 for each stall going into the rock; lower would be prohibitive. The space for the hotel is small and to be profitable, the hotel needs to get to a critical mass. To build a small hotel with more parking, the footprint of the project would not work. The space is currently used for surface management parking. Wishing to be heard was Glen Faith, 1004 First Street N.W. Mr. Faith asked if the shuffling of allocation of lots by an owner of more than one property satisfy the ordinance? President Hunziker said that if the parking falls within a 600 foot radius, it has been acceptable. Mr. Faith then asked the owners to consider building the hotel on a parking lot that would be one level underground and one level above ground and then the hotel on top of that. Mark Jasmin, HGA Architects, said that'it was the first plan that was considered but because the footprint is so small, it would not be feasible. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 — April 15, 2002 6 415 Agenda Item E-3 1 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to instruct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order which would reverse the Planning Commission denial and would grant the variance to be brought back to the May 6, 2002, meeting. Discussion. Councilmembers Marcoux and Stobaugh noted that they would be voting against the motion saying that they were against the variance because of the parking problems, lack of enforcement, the shuffling from other lots, and the inability to police the situation should the facility be sold. Ayes (5), Nays (2). Motion carried. Councilmembers Marcoux and Stobaugh voted nay. A Hearing on General Development Plan #180 by Jerry Nelson to be known as Prairie Crossing located along the east side of TH52, north of 65th Street NW and Overland Drive NW and west of Bandel Hills Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the developer. Mr. Masterpole said that in June approximately 236 acres of land was annexed to the City of Rochester located on the east and west side of Highway 52. The GDP #180 is proposed to be located on the east side of the highway. The challenges were access, the sewer issue and trees. The GDP proposes a town square of small shops and convenience stores with surrounding single-family homes, townhomes and larger lot homes. This type of development is a current trend that addresses smart growth. Mr. Masterpole said that they would prefer not to have to pay parkland dedication fees. They propose to dedicate 1.25 acres in the town square and 9 acres of oak trees as parkland. A forester was hired to survey approximately 1200 oak trees to determine if they were salvageable. The oak trees and parkland are to be an integral part of the development. He said there are open spaces above and beyond the parkland requirements that they would like some flexibility on; all are considered private. Mr. Masterpole noted that they do not think that they should be responsible for any of the costs associated with the access public road between Prairie Crossing and 68th Street N.W. as it is outside the development. Mike Nigbur, Public Works Department, said that the connection is a desired connection at 681h Street to connect the Prairie Crossing development and the suburban development in that area. He said that there is documentation that when the suburban development was proposed, the developer was obligated to construct a roadway. It is a right of way easement platted on top of an existing lot. He said that the Public Works Department concurs that Condition #6 could be removed at this time. Terry Adkins, City Attorney, asked if Criteria D, General Development Plan, would be satisfied with respect to Bandel Road, 65th Street and sewer lines are these capital improvements included in the City's Capital Improvement Program. Mr. Masterpole said that he assumed that Bandel Road reconstruction would occur rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6416 Regular Adjourned Meeting No. 9 — April 15, 2002 Agenda Item this year. Richard Freese, Public Works Director, said that the southern portion of Bandel Road will be constructed either this or next year but not the northern portion Terry Adkins then asked if Criteria E, Number 4, General Development Plan would be satisfied, if utilities are not now available to directly serve the area of the proposed land use? If needed utilities will not be available concurrent with the proposed development, the applicant shall stipulate that no development will occur and no further development permit will be issued until concurrency has been evidenced. Mr. Adkins asked Mr. Masterpole if he or the applicant would have an objection if the aforementioned language was included as part of a new Condition #3? Mr. Masterpole said no. Mr. Adkins said that language would then read: "Because on and off -site public facilities are inadequate, the development must be phased in the manner consistent with the City's planned infrastructure improvements. Specifically, there are no plans for sanitary sewer to serve the property within the first three years of the City's current six -year capital improvement program. Additionally, there are no plans to reconstruct 65th Street or Bandel Road to handle additional traffic. As such, no development will occur and no further development permit will be issued until the Council determines public facilities are adequate to accommodate this development." Richard Freese, Public Works Director, said that a feasibility report is ready for the applicant to review. In order to get sanitary sewer to the property, four other properties will need to be crossed. This area will be served in the future by trunkmain sewers that have yet to be constructed. As an interim measure, the applicant is willing to install a private lift station and pump the sewage back to the south into a public sewer system constructed to serve other property. Councilmember Hanson asked where the cash -in -lieu of parkland will go. Denny Stotz, Park Department, said the cash goes into a fund for neighborhood parks to be spent only in the City in the northwest area. Mr. Stotz said that the developer wants to keep the oak trees of nine acres but only for the development's private use. Therefore, it could not be used for parkland dedication; only the 1.25 acres) of town square as it would be available for public use. Wishing to be heard was Jerry Nelson, Developer of Prairie Crossing. He said he would need to be assured that the woods would remain natural with walking paths and never cleared. He had an opportunity to sell the trees for lumber but decided tc keep it in its natural state. He said that the Homeowner's Association would want a say as to whether the trees would be cleared or not. Denny Stotz, Park Department, said that the Park Department would work in cooperation with the Association but that the Park Department would manage the oak tree stand as it would any other park in the City system. It would be maintain as a natural parkland. Wishing to be heard was Bill Bruins, 1538 11th Avenue N.E., representing the Audubon Society. He said that they are in support of keeping the trees for passive recreation and places to enjoy birds and wildlife. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 —April 15, 2002 6 417 1 Agenda Item Wishing to be heard was Mike Schlasner, 7 Viking Village Lane N.W., on behalf of the Zumbro Land Conservancy Board. Mr. Schlasner said that his organization supports the idea of a natural woodland park to help preserve natural areas. He asked the City to reevaluate the parkland dedication ordinance that 50 percent or more of the dedicated land be flat play area. He said that more opportunity should be given for future generations to have the opportunity to hike through woods, examine frogs or watch the Monarchs feeding. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #180 by Jerry Nelson to be known as Prairie Crossing with the removal of Condition #6 and rewording of Condition #3 for a total of five conditions and that the 10'/ acres of woodland and town square will be the parkland dedication with no cash in lieu. Discussion. Councilmember Marcoux stated Mr. Nelson had no objection to paying the parkland dedication of $18,500 if the woodland area was to be maintained by the Park Department. Ayes (5), Nays (2). Motion carried. Councilmember Stobaugh and President Hunziker voted nay. E-4 A Hearing on Special District #9 to be known as Prairie Crossing located along the east side of TH52, north of 65th Street NW and Overland Drive NW and west of Bandel Hills Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the developer. Terry Adkins, City Attorney, asked Mr. Masterpole about the suggested language to the parkland dedication ordinance that he proposed. Mr. Adkins said that the Council agreed that the 9-acre neighborhood park with the treed area plus the 1.25 acres of town square would be sufficient to constitute parkland dedication; in light of that decision, would it be appropriate to adopt the language Mr. Masterpole drafted for special district ordinance. Mr. Adkins noted that it gives the rationale why this is a unique area. Mr. Masterpole answered, yes, but taking out the sentence that "a neighborhood park would be graded so that a level....". Councilmembers were with the understanding that no tot -lot and no natural trails were included in the motion in Item E-3. Phil Wheeler, Planning Department, said woodland as defined in Quarry Hill Natural Center includes trails as well as forest management, prairie management, and savannah management. Gary Neumann, Assistant City Administrator, said that it is woodland on the plan but left to the management of the Park Department to put in trails if that is their plan for the use of the property. They will try to maximize the most appropriate use for the neighborhood and the community. Terry Adkins said that the town square shall be privately owned and maintained by the association but publicly accessible. e rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 418 Regular Adjourned Meeting No. 9 —April 15, 2002 Agenda Item E-5 E-6 E-7 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt the proposed Special District ordinance and instructed the City Attorney to draft the required ordinance for first reading including the Neumann suggestion. Ayes (6), Nays (1). Motion carried. Councilmember Stobaugh voted nay. A Hearing on Type III, Phase II Special District Amendment Final Site Development Plan #02-02 to allow the construction of a building for Affinity Plus Credit Union located along the south side of 55th Street, west of the Kwik Trip Store and east of Merchants National Bank. Wishing to be heard was Kelly Dickey, representative of Affinity Credit Union, currently located at 1302 111h Street N.W. She noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Special District Amendment Final Site Development Plan #02-02 with seven conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Special District Amendment Final Site Development Plan #02-03 to allow construction for the building for the Wells Fargo Bank located along the south side of 55th Street, east of the Kwik Trip Store and west of the Valvoline Instant Oil Change store. Wishing to be heard was Lisa Weisner, 3131 East River Road, representing the developer. She 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 Special District Amendment Final Site Development Plan #02-03 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 #02-05 by Lloyd and Bonnita Johnson to rezone land from the RSA to R-1 located south of Mayowood Road SW, east of TH52 (1431 20th Street SW) Wishing to be heard was Lloyd Johnson, 1431 201h Street S.W. Mr. Johnson said that the Planning Commission did not deny the application unanimously; it was a 4- 2 vote. He said that the zone change meets all four requirements; only one requirement is needed. The comprehensive plan shows this area as low -density residential, the same as the R-1 residential neighborhoods. The City has installed sewer and water around the area but the neighbors will not participate due to the high cost. Mr. Johnson said his cost for 8 acres would be approximately $100,000. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 —April 15, 2002 6419 1 Agenda Item The only way to afford the cost is to divide it among more owners by subdividing into smaller parcels. The existing Rsa zoning prevents development and prevents them from hooking up to City services. The area was originally zoned erroneously. At the time of annexation the parcel should have been zoned R-1. All parcels annexed to the City are brought in as R-1 unless the owner requests something else. He requested R-1 at that time and should have received it. Wishing to be heard was Lois Schub, 1425 201h Street S.W. She said that she wants to keep the area green, the trees and the wooded area. The Planning Commission agreed with the concept. She said to get to the particular area, you must travel through a one-way winding road off of Mayowood Road. All the neighborhood has contributed to the resurfacing and grading of the road. Traffic would be increased and even now at times speed is excessive. She said that the neighbors concern is the safety. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Zoning District Amendment #02-05 by Lloyd and Bonnita Johnson and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (3). Motion carried. Councilmembers Stobaugh and Marcoux and President Hunziker voted nay. E-8 A Hearing on Preliminary Plat #02-07 by Hayden Properties, LLC to be known as Stonebrooke located along the north side of Sunnydale Lane SE, south of College View Drive. Wishing to be heard was Gary Hayden, 5420 31st Avenue S.W., applicant. He noted his agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Preliminary Plat #02-07 by Hayden Properties, LLC to be known as Stonebrooke with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Final Plat #01-35 by All Pointe Development to be known as South Pointe Eighth located south of 60th Street SW and west of TH63. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the applicant. He asked if Outlot A, the private road, should be marked as Outlot C. Mitzi Baker, Planning Department, responded that it is actually shown as Outlots A and B on the plat. Mr. Johnson noted agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 215- 02 approving Final Plat #01-35 by All Pointe Development to be known as South Pointe Eighth with four conditions. Ayes (7), Nays (0). Motion carried. d RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6420 Regular Adjourned Meeting No. 9 —April 15, 2002 Agenda Item E-10 E-11 E-12 A Hearing on Final Plat #02-13 by Christ Lutheran Church to be known as Christ Lutheran Church Subdivision located along the south side of 20th Street SE and along the east side of Marion Road SE. Staff recommended continuing the hearing to allow the plat to be revised to with setback requirements for the existing structures. Councilmembers Stobaugh moved, Marcoux seconded, to continue Final Plat #02- 13 by Christ Lutheran Church to be known as Christ Lutheran Church Subdivision to May 6, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-14 by Arcon Development to be known as Boulder Ridge Second located east of Bandel Road NW, north of 62"d Street NW. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No., 216-02 approving Final Plat #02-14 by Arcon Development to be known as Bouldei Ridge Second with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-15 by Deercrest Development Company to be known as Bell Oaks Second Subdivision located along the west side of Baihly Hills Drive SW and south of Baihly Vista Lane SW. Wishing to be heard was Andy Masterpole, representing the applicant. He noted their agreement with the one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 217- 02 with one condition. Ayes (7), Nays (0). Motion carried. E-13 A Hearing on Annexation #02-08 by Fred Krebsbach to annex 39.83 acres of land located along the west side of 501h Avenue NW and south of Wedgewood Hills Fourth Subdivision. Mitzi Baker, Planning Department, said that the staff report for Items E-13 and E-1i stated the property can be served by City sewer with extension of utilities from their present end. However, the property cannot be served at this time with the existing sanitary sewer system. A new trunkmain sewer will need to be extended. Wishing to be heard was Richard Bram, 5024 Nicholas Drive N.W. Mr. Bram asked if any parks will be built on the property being annexed. He said that there are many young children in the neighborhood and no parks at the present time. Mitzi Baker, Planning Department, said that the area proposed for annexation is 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 —April 15, 2002 6421 Agenda Item E-14 G-2a G-2b G-2c G-3a G-3b south of Nicholas Drive and west of 501h Avenue. She said that the Planning Department is unaware of what the layout of the development will be at this time. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation #02-08 by Fred Krebsbach. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation #02-09 by Fred Krebsbach to annex 57.74 acres of land located along the west side of 50th Avenue NW and south of Wedgewood Hills Fourth Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation #02-09 by Fred Krebsbach. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-S Zoning District to the R-1 Zoning District and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (South of Mayowood Road SW, East of Highway 52 —1431 20th Street SW — Zone Dist. Amend. #02-05) An Ordinance Annexing to the City of Rochester Approximately 39.83 Acres of Land Located In the Northeast Quarter of the Southeast Quarter of Section 18, Township 107 North, Ray 14 West, Olmsted County, Minnesota, was given a first reading. (West side of 50t Avenue N.W., South of Wedgewood Hills Fourth Subdivision — Annexation #02-08) An Ordinance Annexing to the City of Rochester Approximately 57.74 Acres of Land Located in a Part of the South Half of the Northeast Quarter of Section 18, Township 107 North, Ray 14 West, Olmsted County, Minnesota, was given a first reading. (West side of 50t Avenue N.W., South of Wedgewood Hills Fourth Subdivision Annexation #02-09) An Ordinance Rezoning Certain Property From the R-3 District to the B-4 Zoning District and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers McConnell moved, Evans seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (Along the East Frontage Road of Highway 52, North of 261h Street NW) An Ordinance Rezoning Certain Property From the B-1 District to the B-4 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. (SE of Pennington Court and Rochester Ford Autobody, west of 25th Avenue NW) rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6422 Regular Adjourned Meeting No. 9 — April 15, 2002 Agenda Item G-3c An Ordinance Creating and Enacting Chapter 111A, and Repealing Chapter 111 of the Rochester Code of Ordinances, Relating to Regulation of Pawnbrokers, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to amend the ordinance as recommended by Sarah Clayton, Police Department. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, McConnell seconded, to adopt the Ordinance as amended. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Stobaugh moved, Marcoux seconded, to recess the meeting to April 22, 2002. Ayes (7), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 10 —April 22, 2002 6423 Agenda Item A-1 B-1 D-1 D-2 F-1 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmember Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Senjem moved, Hanson seconded, to approved the minutes of the April 1, 2002, Council Meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 218-02 approving the purchase agreement for the Kepp Property at a cost of $542,570.00. The property will be used for expansion of the McQuillan Field Sports Complex, Regional Safety Training Facility, 20th Street extension between County Road 1 and Marion Road and Regional Stormwater Facility. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve the Re - Districting Plan for City Ward Boundaries known as Plan 5A to provide for the ward and precinct plan and ordinance for the City of Rochester. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Stobaugh moved, Hanson seconded, to recess the meeting to April 29, 2002. Ayes (7), Nays (0). Motion carried. r��4/XVA6�vaj City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 6424 Agenda Item A-1 B-1 D-1 D-2 D-3 F-1 CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 11 —April 29, 2002 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Marcia Marcoux. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 219-02 authorizing the City Clerk to advertise for bids to be opened on May 28, 2002, for Fire Station No. 3. Discussion. Councilmember Senjem noted that the necessity for moving the Fire Station was because of the Highway 52 MnDot project and that the City must carry the entire cost. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve the following licenses and miscellaneous activities: Circus Rochester Jaycees — George Carden Circus May 1, 2002 Miscellaneous Street Activities Rochester Public Schools - Track Meet at John Marshall School Area — May 1, 2002 Ayes (6), Nays (0). Motion carried. Richard Freese, Public Works Director, said that he received a petition shortly before the meeting from the residents of 261h Street N.W. and 191h Avenue N.W. between 18th Avenue N.W. and TH 52 East Frontage Road asking the City to close the existing street connection of 26th Street N.W. for the safety of the children and the proposed increase in traffic. They also suggested that the sound wall to the north be extended further to the north to minimize the highway noise. Mr. Freese said that Public Works is in agreement with the petition and that MnDot is willing to extend the sound wall as a part of their project. John Chiglo, MnDot, said that a part of its process has been to evaluate the noise reduction. There would be no change in the cost of participation to the City. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 220-02 approving the Final Trunk Highway 52 Geometric Layout Plan and indicating the City's intent to enter into a Municipal Cost Share Agreement with MnDOT for the City's share of improvements to Trunk Highway 52. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. Councilmembers McConnell moved, Stobaugh seconded, to rescind Ordinance #3467 (Annexation #02-03) and Ordinance #3466 (Annexation #02-04), Richard 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 11 — April 29, 2002 6425 1 Agenda Item F-2 F-3 G-2a Badger Property, and return the annexation petitions to the petitioners. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the ward boundaries as realigned after the 2000 U.S. Census and instructed the City Attorney to prepare an ordinance for adoption. Ayes (6), Nays (0). Motion carried. Richard Freese, Public Works Director, said that MnDot has asked for a Letter of Support from the City and County for expediting the start and completion of the TH 52/CSAH 14 Project (North Project). He said that the City currently does not have in place its share of the costs for constructing the 65th Street Overpass and cannot make a financial commitment at this time. He said that the City believes that both 65th and 85th Street overpasses should be completed as four -lane bridges at this time. Councilmembers Hanson moved, Stobaugh seconded, to approve the Letter of Intent on Highway 52/CSAH 14 Design Build Project. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and Senjem voted nay. An Ordinance Amending and Reenacting Chapter 26 of the Rochester Code of Ordinances, Relating to the Realignment of Ward Boundaries to Conform to the 2000 Decennial Census, was given a first reading. Councilmembers Stobaugh moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Hanson moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, McConnell seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. a, a—*11J City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6426 Regular Meeting No. 12 — May 6, 2002 Agenda Item A-1 B-1 C-1 D-1-4 D-1 D-2 D-3 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None Wishing to be heard was Mike Siverling, 519 28th St. NW. He addressed the council on options that he felt the council could review for the DM&E expansion. Councilmembers Senjem moved, Marcoux seconded, to approve the following consent agenda items. Approved the minutes of the April 15, 22, and 29, 2002, Council meetings. Approved the request to appropriate $9,500 from the 2002 Contingency Account to fund the YEP summer work program. Approved the following licenses and miscellaneous activities. Off -Sale 3.2 Beer Jeevan Kanth Rao DBA Rice-n-Spice Grocery Store, 401 South Broadway Fireworks Century High School — Concert Choir — May 29, 2002 Gambling — Premise Renewal VFW Post #1215 Gambling — Raffle SE Minnesota Association of Realtors — July 17, 2002 Ronald McDonald House — July 26, 2002 Gift of Life, Inc. — July 8, 2002 Golf Cart Kyle Pete Glynn, 1903 Greenview Place SW #8 Master Installer Michael Plank, Zumbrota Outdoor Dining — Renewal Daube's Konditore & German Restaurant, 14 Historic Third Street S.W. Victoria's Authentic Italian Restaurant, 21 Second Street S.W. Plumber Greg Stender DBA Stender Enterprises, Inc., Rochester O'Laughlin Plumbing & Heating, Winona Sewers and Drains David Overend Sewer and Water LLC, Eyota RECORD OF :OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6427 1 Agenda Item D-4 D-5 D-6 D-7 D-8 D-9 Sidewalks — Cement Adams Concrete, Rochester The Excavators of Rochester, Inc., Rochester Thiemann Construction Company, Inc., Dodge Center Andy Wobschall DBA AB Concrete, St. Charles Sign Installation Superior Light and Sign, Inc., Omaha, Nebraska Sound Amplification SE Minnesota Settlers Neighborhood Association — Music and Films by Students — May 18, June 15, July 20 and August 17, 2002 — 3:00 to11:00 PM (request waiver of 18:00 PM time period) The Salvation Army — Concert in Front of Building — June 23 and July 14, 2002 — 4:00 to7:00 PM Miscellaneous Ironwood Springs Christian Ranch — Wheelchair Race Around Lourdes — June 22, 2002 Adaptive Recreation Center of Southeast Minnesota — Bike Ride — July 13, 2002 Rochester Track Club — Race — July 20, 2002 Rochester Community College — Relay for Life Walk — July 12 and13, 2002 Amyotrophic Lateral Sclerosis Association — Walkathon Fundraiser — September 21, 2002 Approved the transfer of the On -Sale Exclusive Intoxicating and Sunday Liquor Licenses from Allen Hurlbut (RochesCheer Country Pub) to Donald W. McBurney for The Sandtrap Indoor Golf Course at 1618 Highway 52 North, pending fees, insurance certificates, investigations and departmental approvals. Approved the transfer of the On -Sale Intoxicating and Sunday Liquor Licenses for Las Margarita's Bar & Grill at 1611 Highway 52 North from Carlos M. Onate, Rancho Grande, Inc. to Miguel Angel Guerrero, Tequila Corporation, pending fees, insurance certificates, investigations and departmental approvals. Approved an On -Sale Sale and Sunday Intoxicating Liquor Licenses for the Hangar Bar & Grill, Inc. at 7386 Airport View Drive S.W., pending fees, insurance certificates, investigations and departmental approvals. Adopted Resolution No. 221-02 approving the bid of Universal Truck Equipment for $162,210.15 for miscellaneous truck accessories. Approved Accounts Payable in the amount of $5,052,826.44 and Investment Purchases of $18,261,776.93. Adopted Resolution No.222-02 approving the agreement with the Rochester Professional Employees Association for 2002-2004. / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA 6428 Regular Meeting No. 12 — May 6, 2002 COUNCIL 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 Approved the appointment of the following individuals to the Committee on Urban Development and Environment (CUDE): Jeff Allman to February 2005, Bill Bruins to March 2005, Andy Masterpole to March 2005, Ann Pierce to March 2005, Robert Suk to March 2005 and Sue Wiesler to March 2005. Approved the appointment of the following individuals to the Citizens Advisory on Transit: Michael Lorsung to December 2003, Michael Ziemann to December 2004, Ann Curtis to December 2003, Bill Schneider to December 2004, Jeff Vert to December 2004. Approved the appointment of Michael Mullin and Joan Karrow to the Housing and Redevelopment Authority for the term expiring December 2006. Adopted Resolution No. 223-02 authorizing the Mayor and City Clerk to execute a grant agreement with the Minnesota Amateur Sports Commission in the amount of $10,000 to fund one-half of the fencing project at the Fuad Mansour Sports Complex. Approved the name change of 11 th Avenue N.W. to Assisi Drive N.W. and 161h Avenue N.W. to Assisi Drive N.W. and instructed the City Attorney to prepare the required ordinances for adoption. Adopted Resolution No. 224-02 approving the Wetland Delineation and Replacement Plan for the City of Rochester for reconstruction of Bandel Road N.W. Adopted Resolution No. 225-02 approving the Wetland Delineation and Replacement Plan for the Maine Street Development Sewer Line and Internal Street in the area bounded by St. Bridget's Road, US 63 and 48`h Street S.W. Adopted Resolution No. 226-02 approving the Rochester Police Department's application for a grant from the Minnesota Center for Crime Victim Services (MCCVS) to fund a Sexual Assault Interagency Council (SAIC) coordinator position and authorize the Mayor and City Clerk to sign the agreement. Adopted Resolution No. 227-02 approving the Rochester Police Department entering into a contract with the Minnesota Department of Public Safety for overtime expenses associated with the Operation NightCAP grant. Adopted Resolution No. 228-02 entering into an agreement with the Winona County Sheriff's Office to provide services as Winona County's designated secondary Public Safety Answering Point (PSAP). Adopted Resolution No. 229-02 entering into a joint powers agreement with the Southeast Minnesota Narcotics Task Force for regional narcotics investigations. Adopted Resolution No. 230-02 authorizing the City Clerk to advertise for bids for Project No. 9857 (J-6391) "Traffic Signal at Intersection of CSAH 22 and CSAH 8". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6429 Agenda Item D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 Adopted Resolution No. 231-02 setting a public hearing for June 3, 2002 to consider expansion of Residential Parking Permit Zone #8 (Kutzky's Adddition) on 9th Avenue NW on both sides from 2nd Street to the end of the Street, 7:00 AM to 5:00 PM Adopted Resolution No. 232-02 amending Paragraph (307) of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (307) Greenview Drive SW on both sides of the street from 161h Street to Greenview Place, and from Greenview Place to Salem Road, and on the southerly and easterly side from Greenview Place to Greenview Place SW, at all times. Adopted Resolution No. 233-02 amending Paragraph (302) of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (302) On Bandel Road NW, on both sides of the street, from 55th Street NW to the north wherever the street is within the City limits, at all times. Adopted Resolution No. 234-02 authorizing execution of the settlement agreements for Right of Way acquisition with Mohn Trust and Haven Hodge for $3000 each for Project No. J-4940 "Viola Bike Path". Adopted Resolution No. 235-02 approving the Development Agreement with the owners of Manor Woods West Central Development. Adopted Resolution No. 236-02 approving execution of the City/Owner contract with Forbrook-Bigelow Development and Road Constructors, Inc. for Project No. J- 9876 "Basic Construction in Manor Woods West Central Subdivision". Adopted Resolution No. 237-02 approving the execution of the Revocable Permit with the Mayo Clinic for installation of air intake shafts and construction of tunnels and a driveway canopy. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. Adopted Resolution No. 238-02 approving the settlement agreement with Burdene Strain for $2,500.00 for Right of Way Acquisition of Project No. J-9745 "Badger Run Sewer". Adopted Resolution No. 239-02 approving the Development Agreement for the Glendale Hills 4th Development. Adopted Resolution No. 240-02 approving the City/Owner Contract with Leslie Lurken and Elcor Construction, Inc. for Project No. J-5001 "Basic Construction in Wedgewood Hills Fifth Subdivision". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6430 Regular Meeting No. 12 — May 6, 2002 Agenda Item D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-40 D-41 Adopted Resolution No. 241-02 approving the City/Owner Contract with BBB Development and Road Constructors, Inc. for Project No. J-9886 "Basic Construction in Ridgeview Manor Second". Removed from agenda. Adopted Resolution No. 243-02 approving the City/Owner Contract with Stonehedge Land Development and Elcor Construction, Inc. for Project No. J-9813 "Basic Construction in Stonehedge Estates Subdivision". Adopted Resolution No. 244-02 approving the City/Owner Contract with Wynwood Company and Elcor Construction, Inc. for Project No. J-5003 "Basic Construction ii Fox Hill Second Subdivision". Adopted Resolution No. 245-02 approving the City/Owner Contract with Arcon Development and Arcon Construction for Project No. J-9659 "Basic Construction in Shannon Oaks First Subdivision". Adopted Resolution Nos. 246-02, 247-02 and 248-02 authorizing the City Clerk to advertise for bids for Project No. 6202-3-03 (J-9851) "Resurface 2Id Street S.W. from 14`h Avenue to 111h Avenue S.W.; Project No. 6110-00 (J-9615) "Resurface Elton Hills Drive N.W. from Highway 52 to Highway 63"; Project No. 6316-4/3-0 (J- 9711) "Resurface 161h Avenue S.W./N.W. from Second Street S.W. to Civic Center Drive". Adopted Resolution No. 249-02 accepting voluntary participation by Ability Building Center and Alvin Benike, Inc. in the City's Regional Storm Water Management Plan. Adopted Resolution No. 250-02 approving the settlement agreements for Mr. And Mrs. Daley ($3,400.00) and Mr. And Mrs. Brogan ($6200.00) for needed easemer for Right of Way Acquisition for Project No. J-9791 "Southtowne Heights Sewer/Water". Adopted the following Public Utility resolutions: Approving options 1 and 3 for the rerouting of the Cascade Lake transmission line with costs to a maximum of $300,000.00. Resolution No. 251-02 approving a contract agreement with People's Cooperative Services for Service Territory Settlement Agreement for Certain Calendar Year 2000 Annexations. Resolution No. 252-02 approving adjustments to the rate classes of Highway Lighting and Load Management Credits effective May 7, 2002. Adopted Resolution No. 253-02 authorizing payment for Right of Way Acquisition! for the Thein Family Partnership in the amount of $18,500.00 for Project No. J-961 "SE High Level Water Tower". 1 RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL < CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6431 Agenda Item E-1 E-2 E-3 E-4 Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central Subdivision located along the south side of 71h Street NW, west of 43`d Avenue NW and east of Manor Park Drive NW. Wishing to be heard was Bill Tointon, from McGhie and Betts representing the developer. Mr. Tointon requested this item not be tabled and stated they were in agreement with all the conditions. Wishing to be heard was Russ Mettler, 4414 6th St. NW, wanting assurance that the grading for this project would be completed properly. He has had problems with the watershed and erosion. The grading plan for the final plat has been submitted and staff will review the plan with Mr. Mettler to address his concerns. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution 254-02 approving Final Plat #01-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central Subdivision with conditions and Resolution 255-02 approving the Substantial Land Alteration Permit. Ayes (7), Nays (0). Motion, carried. A Hearing on Final Plat #02-18 to be known as Valley Side Estates Plat 2, by Freedom Development and Consulting located east of 40`h Avenue S.E., south of TH14. Staff recommended that the item be tabled until information is provided as requested by the staff report including Marion Township approval and dedication of a drainage easement. Councilmembers Stobaugh moved, Marcoux seconded, to table Final Plat #02-18 to be known as Valley Side Estates Plat 2, by Freedom Development and Consulting. Ayes (7), Nays (0). Motion carried. Crafthill Special District Ordinance and Re -zoning removed to item H-2. A Continued Hearing on General Development Plan #179 by Barlow Neighborhoods to be known as Crafthill. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. Mr. DuMond went through the conditions and changes made with staff and were in agreement with the changes and conditions. Wishing to be heard was Steven Barlow, 220 S. Broadway, Suite 1211. Mr. Barlow explained his development in detail and mentioned others in the room attending for this item. Wishing to be heard was Christine Schultze, 503 8th Ave. SW. Ms. Schultze addressed some of the concerns brought forth by the neighboring property owners. Richard Freese, Public Works Director, addressed the expense of the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6432 Regular Meeting No. 12 — May 6, 2002 Agenda Item improvements to the public street system in the vicinity of the project. Wishing to be heard was Leslie Rivas, 1315 15th St. NE. Mrs. Rivas spoke as a member of the planning commission and a citizen in favor of the project. Wishing to be heard was Mike Schlasner, 7 Viking Village Lane NW. Mr. Schlasn spoke in favor of the Crafthill development. Wishing to be heard was Katherine Morse Kuhlmann, 1429 28th St. SW. Mrs. Kuhlmann stated her remarks reflected the collective thoughts and opinions of the Bamberwood neighbors. She reviewed the Bamberwood request to the Council specifically: deny Special District request, no more than 15 homes on the site and no private roads. Mrs. Kuhlmann's written statement is on file. Wishing to be heard was Dan Burndt, 206 South Broadway, representing the Greystone Subdivision developers addressed the issue of a haul roadfor use durinc the initial construction of the project. He stated they felt this was not a feasible development project because of the purchase of property or eminent domain needed to connect private properties. Also, that according to Greystone engineers a haul road would create significant damage to existing roads because of the terrain in this area. He mentioned that the development proposal initially didn't address an access road from the East. Wishing to be heard was William Kolb, 3250 18th Ave. SW. He stated he owns la on 32" Street and he has not received notice of the development. Wishing to be heard was Gene Peters, 3015 18th Ave. SW. He explained the inten- of Greystone when first developed and expresses disapproval of the proposed use of Greystone streets as a haul road. Wishing to be heard was Fred Banfield, 1105 Greystone Lane SW. He expressed his concern that property values will decrease in the Bamberwood area if the Crafthill development is allowed to continue. Wishing to be heard was John Mutchler, 7735 Shaughnessy Road, Minneapolis.' Mr. Mutchler is the owner of the undeveloped property south of the Crafthill project. Mr. Mutchler expressed his support of the project. Wishing to be heard was Rick Plunkett, 6486 Buck Ridge Court NE. Mr. Plunkett stated he has no plans to develop his family property that is located west of Crafhill along 15th Ave. SW at this time. He discussed the unreasonable option of a road through his property making the eminent domain issue inappropriate. Having no one further wishing to be heard, President Hunziker closed the hearing City Attorney Terry Adkins suggested that the Special District and re -zoning be removed from the table and be addressed with the GDP for Crafthill. i 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 f33 Agenda Item Councilmembers Evans moved, Marcoux seconded to remove the Crafthill Special District Ordinance and Re -zoning request from the table. Motion carried. Ayes (7), Nays (0). Councilmember Marcoux asked for clarification on the conditions in the staff report. In the first condition the words after traffic improvements is to read: "including traffic calming as seen necessary as determined by the Public Works Director". In condition six, Mr. Freese suggested adding "The City and Developer will need to enter into a Development Agreement prior to platting that states that because public facilities are inadequate or not available to serve the project, the development must be phased in a manner consistent with the City's planned infrastructure improvements and as such no development will occur and no further development permit will be issued until the City Council determines public facilities are adequate to accommodate the Crafthill development project.", also "Applicant agrees to meet and discuss the status of the Crafhill project with the Bamberwood neighborhood and Greystone neighborhood residents on a quarterly basis for the calendar years 2002 and 2003 if requested by the neighborhood residents." and, "Applicant agrees that there will be no more than 66 homes on 40 acres." Councilmembers Marcoux moved, Stobaugh seconded to approve GDP #179 by Barlow Neighborhood to be known as Crafthill and the Crafthill Special District, with the addition that no condition will obligate the city to use eminent domain proceedings. Wishing to be heard was Councilmember Hanson stating his strong opposition to the project. He expressed concern over the many unresolved issues affecting too many property owners. He felt at this time this project was not smart growth as a whole and not in the best interest of the city. Mr. Mutchler appeared again to state his agreement to allowing an access road through his property. Councilmember Evans felt this was a good project but now was not the time to implement it. Councilmember Senjem also felt the project was positive but that the criteria for special district and GDP was not met for future growth. President Hunziker called the vote of the motion to approve. Ayes (3), Nays (4). Motion failed. Councilmembers Evans, Hanson, McConnell and Senjem voted nay. Councilmembers Hanson moved, Evans seconded to deny the New Life Worship Center application for the Crafthill Special District on the basis that the application does not satisfy the Special District requirements provided in Section 62.901, and to deny the Crafthill General Development Plan on the basis that the Crafthill Special District was not adopted and the application failed to satisfy the GDP criteria found at Section 61.215 (2), (4). Ayes (4), Nays (3) Motion carried. Councilmembers Hunziker, Marcoux and Stobaugh voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-5 E-6 E-7 E-8 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 A Continued Hearing on Final Plat #02-13 by Christ Lutheran Church to be known as Christ Lutheran Church Subdivision located along the south side of 20th Street SE and along the east side of Marion Road SE. Wishing to be heard was Doug King, 18 17th St. SE representing the church and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 256- 02 approving Final Plat #02-13 by Christ Lutheran Church to be known as Christ j Lutheran Church Subdivision with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-31 by Southern Woods Development Corporation to Ibe known as Southern Woods Fourth Addition located along the east side of 11th Avenue SW, south of Southern Woods First and Third Additions. Wishing to be heard was Mark Welsh from GGG Engineering representing the developer. He noted 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 Marcoux moved, McConnell seconded, to adopt Resolution No.� 257-02 approving Final Plat#01-31 by Southern Woods Development Corporation to be known as Southern Woods Fourth Addition with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-17 by Southern Woods Development Corporation to be known as Southern Woods Fifth Addition CIC Number 190 located east of 11th Avenue SW and south of Southern Ridge Drive SW. Wishing to be heard was Mark Welsh from GGG Engineering representing the developer. He noted 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, McConnell seconded to adopt Resolution No. 258-02 approving Final Plat #02-17 by Southern Woods Development Corporation to be known as Southern Woods Fifth Addition CIC Number 190. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-52 to be known as Century Hills Sixth Subdivision by Roger Payne located east of Century Hills Second and Fourth Subdivisions and south of 21" Street N.E. RECORD OF OFFICIAL, PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6435 1 Agenda Item E-9 E-10 Wishing to be heard was Don Borcherding 2619 Oak View Lane NE, from Yaggy Colby Associates representing the developer. He noted agreement with the conditions and was available for questions. Wishing to be heard was Mike Connell, 2036 Century Hills Dr. NE. He stated the preliminary plat for this development was to have a second access to County Road 22 as a public all weather road, once the traffic reached the required amount of trips through the development. He stated the road has not been upgraded or an access built. He questioned allowing further development until this issue is resolved. Wishing to be heard was Jackie Payne, 1700 Northwood Drive. NE. Ms. Payne expressed her support of the project. Wishing to be heard was Mitzi Baker, Planning/City Staff, suggested, to address this issue the council could add to condition three. Attorney Terry Adkins recommended the following modification: "that prior to recording of the final plat, the Public Works Director will determine that the existing second access to CR 22 has been improved to an all weather condition and will be maintained to a public road standard." Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.259-02 approving Final Plat #01-52 by Roger Payne to be known as Century Hills Sixth with 5 conditions and modified #3 as stated and adopt Resolution 260-02 approving the Substantial Land Alteration Permit. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-19 by Joe Weis to be known as Georgetowne Homes Second Subdivision located along the south side of 551h Street NW, west of 25th Avenue NW and north of Georgetowne Drive NW. Wishing to be heard was Wade DuMond, Yaggy Colby Associates representing the developer. He stated that they were in agreement with conditions 2,3 and 4 but asked that condition one be removed. There was discussion on the developer wanting to change the access roadway through the development across Lot 1. Staff has not seen this proposal before the council meeting to determine whether it fits the criteria. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Stobaugh seconded, to continue the hearing on Final Plat #02-19 by Joe Weiss to be known as Georgetowne Homes Second Subdivision to the May 20, 2002 meeting. Ayes, (7), Nays, (0). Motion carried. A Hearing on Vacation Petition #02-02 by Olmsted County to vacate the platted and undeveloped alley lying between 1st Avenue SE and 2"d Avenue SE and south of 41h Street SE. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6436 Regular Meeting No. 12 — May 6, 2002 i Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded to adopt Resolution No. 261-02 Vacation Petition #02-02 by Olmsted County to vacate the platted and undeveloped alley lying between 1st Avenue SE and 2"d Avenue SE and south of 4t Street SE. Ayes (7), Nays (0). Motion carried. E-11 A Hearing on Vacation Petition #02-03 by John and Rebecca Restad to vacate the utility easement on property located at 829 35th Avenue NW. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded to adopt Resolution No. 262-102 approving a Vacation Petition #02-03 by John and Rebecca Restad to vacate the utility easement on property located at 829 35th Avenue NW. Ayes (7), Nays (0): Motion carried. E-12 A Hearing on Text Amendment #02-01 by the Rochester Planning and Zoning Commission to amend the Land Use Plan for the Rochester Urban Service Area addressing the interpretation of the locational criteria. Wishing to be heard was Bill Tointon, McGhie and Betts. Mr. Tointon asked for approval and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded to approve Text Amendment #02-01 by the Rochester Planning and Zoning Commission to amend the Land USE Plan for the Rochester Urban Service Area addressing the interpretation of the locational criteria and instructing the City Attorney to prepare Findings of Facts and Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-13 A Hearing on Text Amendment #02-04 by the Rochester Planning and Zoning Commission to amend Sections 60.141 and 61.225 of the City of Rochester Zoning Ordinance and Land Development Manual addressing application and scope of Ordinance. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Marcoux seconded to approve Text Amendment #02-04 by the Rochester Planning and Zoning Commission to amend Sections 60.141 and 61.225 of the City of Rochester Zoning Ordinance and Land Development Manual addressing application and scope of Ordinance and change the wording from "may " to "may knowingly" and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-14 A Hearing on Text Amendment #02-02 of the City of Rochester Zoning Ordinance) and Land Development Manual addressing performance residential development setbacks. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6437 1 Agenda Item E-15 E-16 E-17 E-18 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded to approve the Text Amendment #02-02 of the City of Rochester Zoning Ordinance and Land Development Manual addressing performance residential development setbacks and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6319-4-00 (J- 9824) "Realignment & Construction of Highway 52 East Frontage Road From 33rd Street NW to 37th Street NW". Wishing to be heard was David Carrow, 116 Interlachen Lane NW. Mr. Carrow owns a 4-plex at 3412 22nd Ave. NW. His property has an existing blacktop parking lot. His understanding was that if an existing lot were affected by the construction then the lot would be replaced at no charge to the property owner. Mr. Carrow asked that the city pay 100% of replacement of the parking lot. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded to adopt Resolution No. 263- 02 approving Local Improvement Project No. 6319-4-00 (J-9824) "Realignment & Construction of Highway 52 East Frontage Road From 33rd Street NW to 37th Street NW". Ayes (6). Nays (1). Motion carried. Councilmember Stobaugh voted nay. A Hearing On the Proposed Assessment for Local Improvement Project No. 6319- 4-00 (J-9824) "Realignment & Construction of Highway 52 East Frontage Road From 33rd Street NW to 371h Street NW". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded to adopt Resolution No. 264- 02 approving Local Improvement Project No. 6319-4-00 (J-9824) "Realignment & Construction of Highway 52 East Frontage Road From 33`d Street NW to 37th Street NW". Ayes (6), Nays (1). Motion carried. Councilmember Stobaugh voted nay. A Hearing to Consider Establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 61h Street SW/800 Block. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded to adopt Resolution No. 265-02 Establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 61h Street SW/800 Block. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Incentive Development Final Plan #00-35 by Rochester Development, Inc. located North of 1st Street S.E. and east of Broadway on three parcels. 6438 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 Agenda Item E-19 F-1 F-2 F-3 F-4 Wishing to be heard was Jack Grzybet from Burt Hill Kosar Rittelman Associate, Pittsburgh, PA representing the applicant asking for approval of the project. Melissa Sarko from the same firm explained the building design and exterior aesthetics and was available to answer questions. Wishing to be heard was Jennifer Ney, no address given. Ms. Ney expressed her concern over parking in the downtown area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded to adopt Resolution No. 266- 02 approving Type III, Phase II Incentive Development Final Plan #00-35 by Rochester Development, Inc. located North of 1st Street S.E. and east of Broadway on three parcels with five conditions and instructing the City Attorney to prepare the appropriate resolution. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. A Hearing to Consider amending the Development Program for its Development District No. 2 and Establish Within the Development District Tax Increment Financing District No. 2-2 and Adopt the Related Tax Increment Financing Plan., Having no one wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Stobaugh seconded to adopt Resolution No. 267- 02 and Resolution No. 268-02 'approving the amendment to the Development Program for its Development District No. 2 and Establish Within the Development District Tax Increment Financing District No. 2-2 and Adopt the Related Tax Increment Financing Plan. Aye (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 269-02 authorizing the execution of a development assistance agreement for the Broadway Plaza project. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 270-02 enter into a parking agreement with Rochester Development, Inc. providing for the use of up to 95 spaces in the First Street Parking Ramp for the residents of Broadway Plaza. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 271102 approving the skyway agreement with Rochester Development, Inc. Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 272-02 approving a revocable permit for the projecting canopies and light fixtures located along South Broadway and First Street S.E. for the Broadway Plaza proje Ayes (6), Nays (1). Motion carried. Councilmember Marcoux voted nay. 1 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 — May 6, 2002 6439 1 Agenda Item F-5 G-1 G-2a G-2b G-2c G-2d G-3a G-3b G-3c Councilmembers Hanson moved, Evans seconded, to adopt the Amended Findings of Fact, Conclusions of Law, and Order on the Sunstone Parking variance request to reflect applicant's ability to provide 59 parking spaces and a variance for 21 spaces. This was heard at the April 15, 2002, meeting. Ayes, (5), Nays (2). Motion carried. Councilmembers Marcoux and Stobaugh voted nay. Councilmembers Marcoux moved, Evans seconded to adopt Resolution No. 273-02 setting forth the boundaries of the voting precincts for each ward within the City of Rochester. Ayes, (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Chapter 641, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the Prairie Crossing Special District, was given a first reading. An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Re -Designation of 11th Avenue NW, Platted in Bielenberg and Giese First Addition; Bielenberg and Giese Second Addition; Replat of Bielenberg and Giese Fourth Addition; and Replat of Outlot 1 and Block 1 Replat of Bielenberg and Giese Fourth Addition to Assisi Drive NW, and the Re - Designation of 161h Avenue NW, Platted in Thomas First Addition to the City of Rochester to Assisi Drive NW was given a first reading. An Ordinance Amending and Reenacting Sections 60.141 and 61.225 of the Rochester code of Ordinances, Relating to the Approval of Development That Violates Non -Land Use Laws was given a first reading. (Text Amendment #02-04) An Ordinance Amending and Reenacting Section 62.283 of the Rochester Code of Ordinances, Relating to Performance Residential Setbacks was given a first reading. (Text Amendment #02-02) An Ordinance Annexing to the City of Rochester Approximately 52.10 Acres of Land Located in the South Half of the Northwest Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 55th Street N.W., East side of 60th Avenue N.W.) An Ordinance Rezoning Certain Property from the R-1 District to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes, (7), Nays (0). Motion carried. (South side of College View Road, West side of 36th Avenue S.E.) An Ordinance Annexing to the City of Rochester Approximately 36.65 Acres of Land Located in a Part of the Southwest Quarter 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 Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes, (7), RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6440 Regular Meeting No. 12 — May 6, 2002 Agenda Item G-3d G-3e G-3f H-1 Nays (0). Motion carried. (South of Viola Road, East of Century Hills Development, West of Haver Hills Subdivision) An Ordinance Annexing to the City of Rochester Approximately 22.5 Acres of Land Located in a Part of the Southwest Quarter of the Southeast Quarter of Section 30, and a Part of the Northwest Quarter of the Northeast Quarter of Section 31, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a,, second reading. Councilmemers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes, (7), Nays (0). Motion carried. (East side of East Circle Drive, South of Century Hills Third Subdivision) An Ordinance Amending and Reenacting Sections 134.17 and 134.19, and Repealing Section 134.18 of the Rochester Code of Ordinances, Relating to Parking Regulations, was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes, (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Section 62.279, and Amending and Reenacting Sections 62.273, 62.274, 62.276 and Subdivision 7 of Section 62.278 the Rochester Code of Ordinances, Relating to Accessory Buildings and Smokehouses and Residential Zoning Districts, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes, (7), Nays (0). Motion carried. Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. located along the north side of West Center Street and along the east side of 5ch Avenue N.W. Councilmembers Hanson moved, McConnell seconded, to remove item from the table. Ayes (7), Nays (0), Motion carried. Councilmembers Hanson moved, Evans seconded to adopt Resolution No. 274-02 approving Type III, Phase II Incentive Development #01-34 Preliminary Plan by Sunstone Hotel Investors, Inc. located along the north side of West Center Street and along the east side of 5th Avenue N.W. Ayes (5), Nays (2). Motion carried. Councilmembers Marcoux and Stobaugh voted nay. Having no further business, Councilmembers Stobaugh moved, Marcoux seconded to recess the meeting to May 13, 2002. Ayes (7), Nays (0). Motion carried. Deputy Cit Jerk 11 RECORD OFOFFICIALPROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 13 — May 13, 2002 6441 Agenda Item A-1 B-1 D-1 D-2 J D-3 D-4 I No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers: Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem. Absent: Mack Evans, Walter Stobaugh. Councilmembers Senjem moved, Hanson seconded, to approve the following license. House Moving Permit Crews House Moving, Austin — houses from 1804 and 1842 16th Avenue N.W. and 1830 18th Street N.W. to outside Olmsted County — May 13 to June 30, 2002. Ayes (5), Nays (0). Motion carried. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 275-02 modifying Paragraph (229.41) of Section B "No Parking Zones" of the Comprehensive Traffic & Parking Resolution Book to read: (229.41) 22"d Avenue N.W. from 33rd Street to 371h Street N.W. on both sides, at all times, except parking is allowed on the east side from a point 110 feet north of the centerline of 33rd Street to a point 358 feet farther north. Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 276- 02 adding portions of 48th Street S.W. and a future street segment of St. Bridget's Road and 401h Street S.E. to the City Municipal State Aid System. Ayes (5), Nays (0). Motion carried. Phil Wheeler, Planning Department Director, showed a revised map of the proposed City precincts. He asked that the Council approve a change in the boundary lines of Ward 6 between the 3rd and 5th precincts to meet the County Commissioner boundary plan. Councilmembers Hanson moved, Marcoux seconded, to reconsider the May 6, 2002 resolution defining the precinct boundaries for the City of Rochester. Ayes (5), Nays (0). Motion carried. Councilmembers Marcoux moved, Hanson seconded, to adopt Resolution No. 277- 02 amending the precinct boundaries for the City of Rochester changing the boundary of Ward 6 Precinct 3 and Ward 6 Precinct 5. Ayes (5), Nays (0). Motion carried. / RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6442 Recessed Meeting No. 13 — May 13, 2002 Agenda Item 1-1 Chief Roger Peterson, Police Department, distributed ribbons to be placed on the antennas of cars commemorating the May 13th Memorial Day recognizing those police officers who have died in the line of duty and supporting the survivors. Having no further business, Councilmembers Hanson moved, Marcoux seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. Clerk 1 i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6443 Agenda Item A-1 B-1 C-1 C-2 D-1, 4, 6-11, 14-36 D-1 D-2 D-3 D-4 D-5 D-6 I D-7 I D-8 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Wishing to be heard was Alan Dekeyrel, Chad Herring, and Dan Eggler from the Rochester Jaycees and they updated the Council on the Italy trip to visit the 173�d Airborne Division. Councilmembers Hanson moved, Stobaugh seconded to adopt Resolution No. 278- 02 referring to the petition for local improvements from property owners for Curb, Gutter and Overlay on 8 % Avenue SE to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to approve the following consent agenda items. There were no minutes for approval. See at end of D items. See at end of D items. Adopt Resolution No. 279-02 approving the execution of the Revocable Permit with Jeevan Kanthi Rao to install a canopy attached to the storefront at 401 South Broadway with conditions. See at end of D items. Adopt Resolution No. 280-02 approving a Professional Services Agreement with ACSG, Inc. to close out previous FAA PFC applications in accordance with the new requirements as recently promulgated by the FAA not to exceed $15,000.00. Adopt Resolution No. 281-02 approving a real estate ground lease with the Federal Aviation Administration for a new Digital airport Surveillance Radar System (ASR- 11) to serve the Rochester International Airport. Approved the request for a wine and On Sale 3.2 Beer License for the LoveUgly Cabaret and Coffee Lounge, Inc., pending fees, insurance certificates, investigations and departmental approvals. D-9 Approved the request for a wine and On Sale 3.2 Beer License for Dong Aheng LLC DBA Hunan Garden, pending fees, insurance certificates, investigations and departmental approvals. D-10 Approved the following licenses and miscellaneous activities for the Rochesterfest. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6444 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item DATE OF EVENT SATURDAY, JUNE 15 Lumberjack Championships American Heart Ass'n Walk Cemetery Walk Kite Festival SUNDAY, JUNE 16 Lumberjack Championships MONDAY, JUNE 17 Downtown Noon Entertainment Ice Cream Social TUESDAY, JUNE 18 Downtown Noon Entertainment Teen Dance WEDNESDAY, JUNE 19 Downtown Noon Entertainment Kiwanis Parent/Child Fair Family Fun Night THURSDAY, JUNE 20 Downtown Noon Entertainment Country Night FRIDAY, JUNE 21 Downtown Noon Entertainment Fabulous Friday Night Dance Grand Parade SATURDAY, JUNE 22 LICENSES/PERMITS Sound Amplification Permit, 3.2% Beer, Miscellaneous Miscellaneous, Sound Amplification Miscellaneous Miscellaneous Sound Amplification Permit, 3.2% Beer, Miscellaneous Sound Amplification Permit Sound Amplification Permit, Miscellaneous Sound Amplification Permit Dance, Sound Amplification Permit Sound Amplification Permit Miscellaneous Sound Amplification Permit Sound Amplification Permit Sound Amplification Permit. Dance, 3.2% Beer Sound Amplification Permit Sound Amplification Permit. Dance. 3.2% Beer Sound Amplification Permit, Parade Downtown Noon Entertainment Sound Amplification Permit RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6445 Agenda Item D-11 F� Lourdes Alumni & Friends Street Dance Criterium Bicycle Race Wheelchair Bicycle Race SUNDAY, JUNE 23 Alternate Street Dance Date 1860's Baseball Sound Amplification Permit Sound Amplification Permit. Dance, 3.2% Beer Miscellaneous Miscellaneous Sound Amplification Permit. Dance, 3.2% Beer Sound Amplification Adopting Resolution No. 282-02 approving the following Street Closings and Meters Bagged for the Rochesterfest. Saturday, June 15th & Sunday, June 16th Streets Closed: East Silver Lake Drive from 71h to 14th Street from 8:00 AM to 6:00 PM Barricades to be manned for Handicapped Access Sunday, June 16th 6:00 AM through Sunday, June 23rd Streets Closed and all Meters Bagged Civic Center Dr from Center Street to 2"d Street S.E. — All meters bagged — No Parking 1 st Street S.E. from Civic Center Dr to 1 st Avenue S.E. — All meters bagged — No Parking Meters Bagged: West Side of 1st Avenue S.E. Between 2"d Street and 1st Street S.E. — Bagged for Reserved Parking 8 Meters in S.E. Corner in Library Lot — Bagged for Reserved Parking Monday, June 17, 2000 — No Parking after 1:00 PM Meters Bagged — Johnson Printing Corner (311 2Id Ave NW) 2Id Ave NW — East Side Friday, June 21st Street Closings — Grand Parade 1. Civic Center Dr at Broadway East to 2"d Ave NE RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6446 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item 2 2"d Ave NE from 7th St NE, South to Civic Center Dr (South Bound Lanes Only). 3. 2"d Ave from Civic Center Dr South to East Center St. (All Lanes). Will be closed at 1:00 PM to allow for parade line-up. Local traffic will be allowed until 5:00 PM. FRIDAY, JUNE 21 - CONTINUED 1. Civic Center Dr from East Center St South to 4th St SE 2.4th St SE from 3`d Ave SE East to 11th Ave SE 3. 11 th Ave from 4th St SE North to East Center St. 4. East Center St from 11th Ave SE West to Civic Center Dr Will be Closed at 5:00 PM During the parade, gth Ave and East Center along with 10th Ave and 41h St SE will be manned by Police Officer and used as emergency/escape routes for local residents. Meters Bagged and Parking Lots Closed: 1. Mayo Field Parking Lot, Civic Center North Parking Lot. Closed All Day Friday, June 21, 2002 2. Posted NO PARKING signs after 4:00 PM on the parade route (including any metered areas). Vehicles will be towed after 5:00 PM SATURDAY, JUNE 22 Street Closings — Street Dance 1st St SE Closed at East End to Accommodate Stage 15t Ave SE Closed From 1st St to Center St (by Post Bulletin) Will Be Closed at 1:00 PM Street Closing - Criterium Bike Race 1 sr Ave SW from 2"d St SW to 4th St SW 4th St SW from 1 st Ave SW to 3�d Ave SW 3rd Ave SW from 41h Ave SW to 5th Ave SW 5th St SW from 3rd Ave SW to 4th Ave SW 4th Ave SW from 5th St SW to 2"d St SW 41h Ave SW from 3`d St SW to 2"d St SW — 1 Pkg & 1 Traffic Ln (E. [1 a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6447 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 Driving Ln Blocked) 2"d St SW from 4th Ave SW to 15t Ave SW - E. Bound Ln Closed. Street Closings — Wheelchair Races W Center St from 61h Ave NW to 7Th Ave NW 7th Ave SW from W Center St to 2"d St NW 2"d St NW from 7th Ave SW to 61h Ave SW 61h Ave NW from 2"d St NW to W Center St. See at end of D items. See at end of D items. Approved Accounts Payable in the amount of $5,562,389.47. Adopted Resolution No. 283-02 authorizing Purchase Agreement Contract with Metafile, Inc. for Imaging software and Services. Adopted Resolution No. 284-02 approving the advertisement of bids for a Tandem Truck Cab and Chassis and a 3500-gallon Street Flusher Tank assembly. Adopted Resolution No. 285-02 consenting to the Sale of Conduit Revenue Bonds by Olmsted County on behalf of Madonna Meadows of Rochester. Adopted Resolution No. 286-02 approving reclassifications for the following positions: Director of Sports Facilities in the Park and Recreation Department, Volleyball Center Coordinator in the Park and Recreation Department, and Human Resources Aide in the Human Resources Department. Adopted Resolution No. 287-02 approving a lease agreement with Good Shepherd Lutheran Church concerning the installation and maintenance of playground equipment for public use. Adopted Resolution No. 288-02 endorsing the MN/DOT Plan to convert TH 52 to an eventual Freeway as outlined in the April, 2002 Interregional Corridor Management Plan. Adopted Resolution No. 289-02 authorizing execution of a Construction Engineering Service Agreement with WHKS & Company for Project No. M1-30, (J9791) "Sanitary Sewer and Watermain Extension to serve the Southtown Heights Subdivision Area" not to exceed $89,648.00. Adopted Resolution No. 290-02 awarding the contract for Project No. M1-30 (J9791) "Sanitary Sewer and Watermain Extension to serve the Southtown Heights Subdivision Area" to A-1 Excavating in the amount of $990,620.60. RECORD OF 'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6448 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item D-23 Adopted Resolution No. 291-02 approving a Development Agreement with Leslie and Raegen Lurkin for the Wedgewood Hills Fifth Subdivision located on the west of 50th Ave. and south of 55th St. D-24 I Adopted Resolution No. 292-02 approving a Development Agreement with Nova Inc. for the GAC Theaters, LLC property. (Chateau Theaters) D-25 Adopted Resolution No. 293-02 approving a City -Owner Contract for Project No. J5018 "Watermain & Hydrant Relocation to Serve the Haeuszer Property (20th Street and 3`d Ave. SE) with David Haeuszer and The Excavators. D-26 I Adopted Resolution No. 294-02 authorizing the advertising of bids for Project No. M1-94 (J2475) "Construct Rose Harbor Regional Stormwater Pond". D-27 I Adopted Resolution No. 295-02 authorizin? the advertising of bids for Project No. 6303-2-95 (J2245) "Concrete Rehab on T Ave. SE from 4th St. SE to 12th St. SE". D-28 Adopted Resolution No. 296-02 approving a City -Owner Contract for Project No. 6306-2-00 (J9607) "Curb, Gutter & Overlay on 61h Ave. SE from 16 Y2 St. SE to End of Cul-de-Sac" and Project No. 6307-2-02 (J9840) "Curb, Gutter & Overlay on 7th Ave. SE from 16 Y2 St. SE to 16th St. SE" to Rochester Sand & Gravel. D-29 Adopted Resolution No. 297-02 approving a City -Owner Contract for Project No. J9812 "Basic Construction in Stonehedge Townhomes (Outlot 'A', Stonehedge Estates)". D-30 Adopted Resolution No. 298-02 approving City -Owner Contract for Project No. 6217.5-4-02 (J9842) "Curb, Gutter & Overlay on 17 Y2 St. NW from 21 st Ave. NW to 19th Ave. NW" and Project No. 6216.5-4-02 (J9843) "Curb, Gutter & Overlay on 16 Y2 St. NW from 21" Ave. NW to 19th Ave. NW" to Rochester Sand & Gravel. D-31 Adopted Resolution No. 299-02 authorizing payment of the Supplemental Agreement No. 3 in the amount of $11,901.50 for Project M023 (J9651), "Fox Valley Drive SW". D-32 Adopted Resolution No. 300-02 authorizing the following two items to the Comprehensive Traffic & Parking Resolution Book to read: Add Paragraph (1.1) to section C "Special Parking Zones" (Zone A -General) to read; (1.1) East Center Street, on the south side of the street, at a point 500 feet more or less east of Civic Center Drive near the premise known as The Rochester Art Center (320 East Center Street), (1 stall for handicapped parking) Add Paragraph 5.0 to Section E "Passenger Loading Zones" to read; (5.0) East Center Street, on the south side of the street, at a point 520 feet more or less east of Civic Center Drive near the premise known as The Rochester Art Center (320 East Center Street). 2 stalls with a 15 minute limit, at all times. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6449 F� Agenda Item D-33 D-34 D-35 D-36 D-37 D-2 D-3 D-5 D-12 Adopted Resolution No. 301-02 awarding the contract of (J2583) Restoration #1 Third Street Ramp and Restoration #2 Civic Center Ramp to Brent Anderson Associates, Inc. in the amount of $339,627.50. Approved the appointment of Dan Ploeger to the Housing Board of Appeals for a two-year term running to April 1, 2004. Approved the appointment of Steve Krier to the Heating Ventilating & Air Conditioning Board of Review for a three-year term running to November 2005. Approved the appointment of Roger Nelson to the Park Board for a four-year term running to June 2006. Approved the appointment of John McGuine to the Zoning Board of Appeals for a three-year term running to December 31, 2005. Councilmember McConnell stated he was not in agreement with the additional Liquor Licenses. Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 302- 02 reserving a minimum of six of the Intoxicating Liquor/on-sale Exclusive Liquor Store licenses for the downtown area and instructing the City Attorney to prepare an ordinance which provides for the expiration of unused liquor licenses and which sets up the number of Intoxicating Liquor/On-Sale Exclusive Liquor Store licenses and the manner in which any number of them can be reserved for the downtown area. Ayes (6), Nays (1). Motion carried. McConnell voting nay. Councilmember Senjem asked about payment for the repainting of the skyways. He was informed that it is by contract. Councilmember Senjem moved, Evans seconded to adopt Resolution No. 303-02 awarding a contract for repainting of four skyways to Swanson & Youngdale, Inc. in the amount of $345,642.00. Ayes (7), Nays (0). Motion carried. Mike Nigbur wishing to be heard asked that the agreement state the easement and memoranda must terminate if the underlying land lease terminates. Councilmember Evans moved, Stobaugh seconded to adopt Resolution No. 304-02 executed an easement and memoranda agreement with Keefe Properties/Hangar Bar & Grill for leased land at the Rochester International Airport. Ayes (7), Nays (0). Motion carried. Councilmember Hanson asked Mr. Curtis Harmon if he was in agreement with all six of the conditions placed on the dance by the Police Department. Mr. Harmon stated he was in agreement. Councilmember Hanson moved, Senjem seconded to approve the following Licenses and Miscellaneous Activities. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6450 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item DANCE Harmon Enterprises 10551 Palm St. Coon Rapids, Mn. 55433 Teenage Rage Dance 6/1/02 AT Rochester Community & Technical College Gym 851 30th Ave SE Rochester, Mn. 55904 (POLICE HAVE PLACED 6 CONDITIONS ON REQUEST) Rochester Area Family Y 709 1 st Ave SW Rochester, Mn. 55902 Teen Dance 6/7/02 7:00 PM to 9:00 PM Parking Lot FIREWORKS Rochester Honkers Baseball Club 403 East Center St. - Mayo Field Rochester, Mn. 55904 Fireworks after Game 7/7/02 MASTER INSTALLER Robert A Potts 3211 South Meadowlark Ln Holmen, Wi 54636 HEATING CONTRACTOR O'Laughlin Plumbing & Heating 525 Cottonwood Dr Winona, Mn. 55987 OUTDOOR DINING — RENEWAL O'Neill's Pizza Pub 7 — 2nd St SW Rochester, Mn. 55902 CMZ Inc. DBA Henry Wellington City Market 212 - 216 1 st Ave SW Rochester, Mn. 55902 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF-ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 COUNCIL 6451 1 Agenda Item D-13 SIDEWALKS — CEMENT Hound Concrete Inc 127 Hwy 57 South Mantorville Mn 55955 Crane Creek Construction, Inc. 900 30th PI. PO Box 246 Owatonna, Mn. 55960 Mark Esau DBA Quality Concrete 5576 115th St Riceville, la 50466 SEWER & DRAIN David Frober DBA K & R Contracting INC 3245 Lake Ave New Prague Mn 56071 SOUND AMPLIFICATION Rochester Area Family Y 709 1 st Ave SW Rochester, Mn. 55902 Teen Dance 6/7/02 7:00 PM to 9:00 PM Parking Lot Rochester Honkers Baseball Club 403 East Center St. - Mayo Field Rochester, Mn. 55904 Concert after Game 7/7/02 5:00 PM to 7:00 PM Grounds for Peace Coffee House Outdoor Music 6/8/02, 7/13/02, 8/10/02 6:30 PM to 9:00 PM AT: Peace United Church of Christ 1502 2"d Ave NE Rochester, Mn. 55906 MISCELLANEOUS S.E. Minn Harley Owners Group Motorcycle Parade to Benefit Ronald McDonald House 7/28/02 Rochester Harley Davidson Dealership to Ronald McDonald House Councilmember McConnell expressed his concerns about selling fireworks. Councilmembers Hanson moved, Stobaugh seconded to approve the ordinance for 6452 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item E-1 E-2 E-3 sale of fireworks and instructed the City Attorney to prepare the required ordinance adoption. Ayes (6), Nays (1). Motion carried. McConnell voted nay. A Hearing on Final Plat #01-50 to be known as Ridgeview Manor. Staff requested that this item be continued until a Wetland Replacement Plan could reviewed and approved by the LGU. Councilmembers McConnell moved, Marcoux seconded to continue the hearing on Final Plat #01-50 to be known as Ridgeview Manor to June 17, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-19 by Joe Weis to be known as Georgetown Homes Second located south side of 55th Street NW, West of 25th Ave. NW and north of Georgetowne Drive NW. Wishing to be Wade DuMond from Yaggy Colby Associates 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, Marcoux seconded to adopt Resolution No. 305-02 approving Final Plat #02-19 by Joe Weis to be known as Georgetown Homes with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II Restricted Development Preliminary Plan #02-08 by Investment Real Estate Services, Inc. to convert the existing Townhall Estates buildinc into apartments with a commercial kitchen. Located at 607 East Center Street. Wishing to be heard was Lynn Keeler at 212 10th Ave. NE a member of the Eastside Pioneer Neighborhood Association expressed her disagreement with the addition of apartments and the extra parking being inadequate. Wishing to be heard was Bob Rosenblad, 1104 Northway Lane NE and Gene Harnack, 736 Neville Court SE members of the Rochester Cemetery Association wanted to clarify that they do not own an easement along the DM&E railroad although they have applied for the easement. Wishing to be heard was Joe Geise, 7340 County Road 19, expressed his disagreement with any expansion for the property but agrees with the remodeling. Wishing to be heard was Kevin Fleming, 511 East Center, member of the Eastside Neighborhood Association. Mr. Fleming stated his disagreement with the expansion but agrees with the remodeling. He also expressed concerns over the commercial 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6453 Agenda Item E-4 kitchen. Wishing to be heard was Jeff Allman, Investment Real Estate Service, 323 South Broadway, developer of the property. Mr. Allman explained his plans for the building in detail. The Commercial Kitchen would be a small catering business. Also that he was not going to proceed, at this time, with the expansion part of the plan. Phil Wheeler, Planning Department, stated what was allowed as basement uses for B- 5 Business Zoning. Brent Svenby, Planning Department, stated the staff requests clarifying that the applicant is withdrawing the future addition onto the building in the application. Also that this is a Restricted Development and will require a two-phase process with Preliminary Plan and Final Plan. The Final Plan can be waived at the Applicant's request. Wishing to be heard was Don German, 122 7`h Ave. SE, representing the Eastside Neighborhood Association stating his concerns about more low-income housing in this section of town. He is not opposed to the remodeling but disagrees with any expansion to the existing building. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded to adopt Resolution No. 306-02 approving Type III, Phase II Restricted Development Conditional Use (#02-08) to allow for redevelopment of the vacant, former "Townhall Estates" by Investments Real Estate Services with six conditions as amended, (#5 allowing for six employees with hours of operation being 6:00 a.m. to 10:00 p.m.) and to acknowledge the withdrawal of plans for addition to building. Ayes (7), Nay (0). Motion carried. A Hearing on General Development Plan #181 to be known as New Life Worship Center. Wishing to be heard was Jeff Amerman, Architects Plus, Fairbault, representing the developer. Mr. Amerman explained the concept of the plan for now and in the future and answered council questions. Wishing to be heard was Gus Barbes, 3720 651h St. NW. Mr. Barbes was in agreement with the worship center but was opposed to a restaurant on 65'h Street and would like to see conditions put on this type of development. Wishing to be heard was Bill Oswald, 5718 Lancaster Place NW representing Northwest Neighborhood. Mr. Oswald showed his view on the traffic flow for 65'h Street, which would be the primary entrance to the property for all activities, and the concerns that went with them. He also approached the issue of parkland dedication rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6454 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item for the Orchard Ridge area. This plan will eliminate the parkland previously planned. Mr. Oswald presented a sheet to the council stating Orchard Ridge conditions that he felt should also be enforced with this development. Jeff Amerman addressed some of the issues presented. The only commercial area in the entire development would be on the south side of 65th Street and that is a limited area. New Life Worship Center will also comply with any noise ordinance requirements. He stated they felt they had complied with all requirements recommended by city staff. Wishing to be heard was Kyle Wurgler, Secretary of New Life Worship Center Board, answered the question of occupancy being the sanctuary and education wing being complete in February/March 2003. He also stated there would be no objections holding off development of the commercial area until 65th Street was completed. The main issue is how and when MNDot will complete their plans for Hwy 52 and 65th Street that affects access to development. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmember Stobaugh moved, Marcoux seconded to continue the GDP #181 to be known as New Life Worship Center and New Life Worship Center Special District Ordinance and Re -zoning to June 3, 2002. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hanson voted nay. E-6 IA Hearing to Amend General Development Plan #142 by Weatherstone Develo LLC, to be known as Weatherstone. Wishing to be heard was Josh Johnson, McGhie and Betts, representing the developer. Mr. Johnson was in agreement with all the conditions and was available answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded to approve General Developmen Plan #142 by Weatherstone Development, LLC, to be known as Weatherstone with conditions and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-7 IA Hearing on Type III, Phase III Conditional Use Permit #02-07 by AMPI to permit'the expansion of a non -conforming use in the M-1 Zoning District. Wishing to be heard was Mark Root, Yaggy Colby Associates, representing the applicant was in agreement with condition and was available to answer questions. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6455 1 Agenda Item E-8 E-9 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Senjem seconded to adopt Resolution No. 307-02 approving Type III, Phase III Conditional Use Permit #02-07 by AMP[ to permit the expansion of a non -conforming use in the M-1 Zoning District with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-12 by IBM Mid America EFCU to be known as IBM Mid America Addition located along the east side of West Circle Drive, West of the Lincolnshire Subdivision and north of the Douglas Trail. Wishing to be heard was Mark Nelson, United Properties, representing the applicant. Mr. Nelson stated agreement with the conditions and was available for any questions. Wishing to be heard was Fritz Kvaternick, 3682 Nottingham Drive NW, expressed his concern with increased traffic and parking. Staff explained their concept of the traffic flow and monitoring of the parking situation and invited Mr. Kvaternick to contact them to answer any more questions he may have regarding the IBM plan. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded to approve Preliminary Plat #02- 12 by IBM Mid America EFCU to be known as IBM Mid America Addition with four conditions and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #01-53 by Leslie Lurken to be known as Wedgewood Hills Fifth Subdivision located west of 50th Ave. NW, South of Wedgewood Hills Third Subdivision and allows for the continuation of 51st St. NW. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. Mr. Johnson was in agreement with the conditions and was available for any questions. Brent Svenby, Planning Staff stated the applicant had also requested a Substantial Land Alteration and this would need to be included in the motion. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded to adopt Resolution 308-02 approving Final Plat #01-53 by Leslie Lurken to be known as Wedgewood Hills Fifth Subdivision and adopt Resolution 308A-02 approving the Substantial Land Alteration for the same property. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6456 Regular Adjourned Meeting No. 14 — May 20, 2002 Agenda Item E-10 E-11 A Hearing on Final Plat #02-23 by Badger Development to be known as Circle Drive Business Center Fifth Subdivision. Wishing to be heard was Mac Hamilton, Badger Development. Mr. Hamilton explained the intent of Outlot A and was in agreement with two conditions. Brent Svenby, Planning Staff, explained condition three is added referring to Outlot A. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Hanson seconded to adopt Resolution No. 309-02 approving Final Plat #02-23 by Badger Development to be known as Circle Drive Business Center Fifth Subdivision with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation #02-10 by Mayo Foundation to annex 9.57 acres of land located along the north side of East Circle Drive, west of Christ Our Rock Church and south of the future Stonehedge Development. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded to approve Annexation #02-10 by Mayo Foundation. Ayes (7), Nays (0). Motion carried. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. E-12 I A Hearing on Annexation #02-11 by Bigelow Enterprises to annex 35.71 acres of land located along the north side of 55t' Street NW and east of 60'h Avenue NW. Wishing to be heard was Josh Johnson, McGhie & Betts, representing Bigelow Enterprises. He explained the future plan is to have sewer through Weatherstone serve this annexed property and was in agreement with staff recommendations. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded to approve Annexation #02-11 Bigelow Enterprises. Ayes (7), Nays (0). Motion carried, 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 — May 20, 2002 6457 Agenda Item E-13 F-1 F-2 G-2a G-2b A Hearing on the First Supplemental Amended Official Street Map #12. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Marcoux seconded to adopt the First Supplemental Amended Official Street Map #12 to be consistent with the TH 63 Geometric Layout Plan and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Erik Mell, 240 2"d Ave. NE, Oronoco, requesting a permit to operate a vending cart business in the Peace Plaza and was available for any questions. Council and Staff expressed concern over setting a precedent without having an ordinance in place before any permit was granted. Councilmembers Hanson moved, Marcoux seconded to table the application by Erik Mell, until June 3, 2002 to allow time for an ordinance to be prepared and adopted. Ayes (7), Nays (0). Motion carried. Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 310-02 executing an extension of the Agreement on the use of OCLC between the MN Higher Education Services Office and the Rochester Public Library. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Subdivision 7 to Section 125A.11 and Amending and Reenacting Subdivision 2 of Section 125A.05 of the Rochester Code of Ordinances, Relating to the Expiration and Number of Alcoholic Beverage Licenses was given a first reading. An Ordinance Creating and Enacting Chapter 117A, of the Rochester Code of Ordinances, Relating to Regulation of Fireworks was given a first reading. Councilmember Marcoux moved, Stobaugh seconded to suspend the rules and give the ordinance a second reading. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Evans seconded to adopt the Ordinance as read. Ayes (6), Nay (1). Motion carried. McConnell voted nay. G-2c An Ordinance Annexing to the City of Rochester Approximately 9.57 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota was given a first reading. (North Side of East Circle Drive and West of Christ Our Rock Church and South of Future Stonehedge Development) (Annexation Petition #02-10) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA 6458 Regular Adjourned Meeting No. 14 — May 20, 2002 COUNCIL Agenda Item G-2d G-2e G-3a G-3b An Ordinance Annexing to the City of Rochester Approximately 35.71 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota was given a first reading. (North Side of 55th Street N.W. and East of 60th Avenue N.W.) (Annexation Petition #02-11) An Ordinance Adopting Official Street Map Number 12 concerning the Proposed Rigi of Way for the Interchange of Trunk Highway 63 with 40th Street and 48th Street SW and SE in the City of Rochester, Minnesota, and Repealing Ordinance No. 3355 was given a first reading. An Ordinance Rezoning Certain Property From the R-Sa Zoning District to the R-1 Zoning District and amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota was given a second reading. Councilmembers McConnell moved, Marcoux seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Mayowood Road SW and East of Highway 52, #02-05) An Ordinance Annexing to the City of Rochester Approximately 57.74 Acres of Land Located in a Part of the South Half of the Northeast Quarter of Section 18, 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. (West side of 501h Ave. NW and South of Wedgewood Hills Fourth Subdivision) Having no further business, Councilmembers Senjem move, Hanson seconded to adjourn the meeting. Ayes (7), Nays (0). Motion carried. do, 0 Q/Y1 Deputy City &erk F�' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 B-1 D-1-4 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 CITY OF ROCHESTER, MINNESOTA ular Meeting No. 15 — June 3, 2002 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Stobaugh moved, Hanson seconded, to approve the following consent agenda items: Approved the minutes of the May 6 and May 13, 2002, meetings. Approved the appointment of Michael Busch to the Zoning Board of Appeals running to December 31, 2003. Approved the appropriation of $520,000 to the Municipal Park and Recreation Fund to finance the requested Mayo Civic Center improvement projects. Adopted Resolution No. 311-02 authorizing to quit claim two parcels of land in Lot 1, Block 1 of the Bridgeview Addition, River's Edge Apartments, to bring the building into conformance with the zoning ordinance requirements. Adopted Resolution No. 312-02 enacting the 1 % increase in the Rochester Lodging Tax rate effective for taxes paid on or after July 1, 2002, instructed the City Attorney to prepare the required ordinance to amend Section 128.02 of the Rochester Code of Ordinance and instructed the City Clerk to transmit a Section 645.021 certificate to the State of Minnesota. Adopted Resolution No. 313-02 approving proceeding with the establishment of a TIF district upon said Lots 1-16, Block 4, Manorwood Lakes 6th Subdivision for affordable single family home development. Adopted Resolution No. 314-02 entering into a lease with Rochester Development, Inc. for the use of the south % of the municipal parking lot located in Block 22 of the Original Plat to be used for construction staging for Broadway Plaza. Approved the food cart vending ordinance for the Peace Plaza and instructed the City Attorney to prepare the required ordinance for adoption. Approved the following licenses and miscellaneous activities: Beer — Temporary On -Sale Downtown Business Association — Get Together at Central Park — August 10, 2002 — 2 PM to 10:00 PM Fireworks Display Rochester Golf & Country Club — Annual 41h of July Display — July 4, 2002 — 10:00 PM RES Specialty Pyrotechnics, Inc. — for League of Minnesota Cities Conference — June 19, 2002 1045q rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 Agenda Item Gambling — Temporary Collie Club of Minnesota — Raffle at Mayo Civic Center — April 16-19, 2003 On -Sale Intoxicating Liquor — Renewal Crown Restaurant & Lounge (Blondell Motel), 1408 Second Street S.W. On -Sale Liquor — Temporary Rochester Area Foundation — Fundraiser at Airport Restaurant — July 20 and 21, 2002. Master Plumber Mark Nelson dba Tonna Mechanical, Inc., Rochester House Moving Pat Ryan — Apartment Building from 511 17th Avenue S.W. to Fitzgerald- Hinderman 2"d Subdivision Outdoor Dining James Psomas dba Mac's Restaurant, 20 First Street S.W. Sewer and Drains Jeff Wirth dba Wirth Septic Systems, Dodge Center Sidewalks — Cement Jason Zorteau dba Zorteau Concrete, Oronoco Sound Amplification Rochester Area Foundation — Fundraiser at Airport Restaurant — July 20 and 21, 2002. Downtown Business Association — Get Together at Central Park — August 10, 2002 — 2 PM to 10:00 PM Miscellaneous Activities A.B.A.T.E. 15th annual Toys for Tots Motorcycle Run — July 13, 2002 Jason Steincamp/Heather Hendrickson Wedding — Horse & Carriage — June 29, 2002 John Horntvedt and Greg Neumann Neighborhood Block Party — Savannah Drive N.W. and 45th Avenue N.W. - June 29, 2002 Fireworks Sales Minnesota Wholesale Fireworks, Inc., Wayzata — tent at Apache Mall Vapor of Smoke Fireworks, Owatonna — tent at Menards North and Hy-Vee Store Crossroads Kwik Trip Convenience Stores, Inc., LaCrosse — locations at 1941 South Broadway, 4120 Highway 52 North, 1350 Salem Road S.W., 3531 Ninth Street N.W., 1221 Marion Road S.E., 3490 55th Street N.W., 315 121h street S.E., 3111 Wellner Drive N.E., 2335 26th Street N.E. Econo Foods, 1200 16th Street S.W. Cub Foods, 1021 15th Avenue S.E. 1 Agenda Item D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 tolbi Hardware Hank of Rochester, Inc., 10 17th Avenue S.W. Arrow Ace Hardware, 1021 151h Avenue S.E. Arrow Ace Hardware, 1500 North Broadway K-Mart Corporation, 201 Ninth Street S.E. Sam's Club, 3410 551h Street N.W. Approved an On -Sale and Sunday Intoxicating Liquor (Exclusive) License for the Loveugly Cabaret, Inc. at 320 First Avenue S.W. Approved a Wine and 3.2 On -Sale Beer License for Dong Zheng LLC dba Hunan Gardens at 1120 Seventh Street N.W. See at end of D Items. See at end of D Items. Adopted Resolution No. 315-02 approving the three-year agreement between the Engineering Technicians' Association and the City of Rochester for 2002-2004. Approved the appointment of Dan Mulholland, Daryl Brye, Glen Jenkins, and Ross Baker to the position of Firefighter for the City of Rochester Fire Department subject to condition of successful completion of an indepth background investigation, medical and psychological examinations. Approved the appointment of Christopher Lowrie, Arnulfo Trevino, Jason Peck, Shannon Strain and Jonathan Jacobson to the position of Police Officer in the Rochester Police Department. Accepted the donation of preliminary breath tester equipment for the Safe & Sober driving program from the Minnesota State Patrol. Approved the Rochester Police Department receiving financial reimbursement for additional hours worked by its members and miscellaneous equipment that may be purchased from the U.S. Department of Housing and Urban Development, 2001 Public Housing Drug Elimination Grant. Adopted Resolution No. 316-02 authorization execution of the City -County Cooperative Agreement for County Project S.P. 55-608011 (J-2272) "Reconstruction of County State Aid Highway 8". Adopted Resolution No. 317-02 amending Section IID2 Ramp Month Rates of Chapter K of the Comprehensive Traffic and Parking Resolution Book to read: "Monthly Rates; change the Monthly Rates in Center Street Ramp to Random @ $73, and effective 1/1/03 change the Monthly Rates in Center Street Ramp to Random @ $88 and Residential @ $93". Set the number of Monthly Parker accounts at 70 to be established by a Lottery System of 20 reductions per month effective 7/1/02 until 70 accounts are reached. COUNCIL Agenda Item D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 Amending Section II effective 7/1/02. Hours and Rates Established (D) Ramp Hourly Rates of Chapter K of the Comprehensive Traffic and Parking Resolution Book to read as noted on the Request for Council Action dated June 3, 2002. Adopted Resolution No. 318-02 executing the settlement agreement with James and Maryjo Mested for $6,300 and provide the payment for the needed easement for Project No. J-9598 "Right of Way Acquisition for the 201h Street Sewer Extension Project". Adopted Resolution No. 319-02 approving the execution of a Construction Engineering Service Agreement with Yaggy Colby Associates for actual costs not to exceed $55,000.00 for Project No. M1-36 (J-9799) "Sanitary Sewer and Watermain to Serve the North Y2, NE % Section 35 Rochester Township (Graham Property) Adopted Resolution No. 320-02 entering into the Contribution Agreements for Project No. M1-36 (J-9799) "Sanitary Sewer and Watermain to Serve the North V2, NE % Section 35 Rochester Township (Graham Property)". Adopted Resolution No. 321-02 awarding the bid for Project No. M1-36 (J-9799) "Sanitary Sewer and Watermain to Serve the North Y2, NE'/ Section 35 Rochester Township (Graham Property)" to S.J. Louis Construction in the amount of $665,368.00. Adopted Resolution No. 322-02 accepting voluntary participation in the City's Regional Storm Water Management Plan by Rishavy Sales and Storage, Olmsted County Park Department, Sunnydale First Replat, IBM Employees Credit Union, and Hangar Bar and Grill. Adopted Resolution No. 323-02 approving an assessment agreement with Sue Rothschild to provide for the replacement of additional sidewalk panels at the same time that Project No. J-9831 "Sidewalk Replacement in SW Rochester' is being accomplished. See at end of D Items. Adopted Resolution No. 324-02 approving the execution of a revocable permit for a part of the Circle 19 Plaza Development with Cinema 1 LLP to allow the placement of a water draw pipe across Hartland Avenue. Adopted Resolution No. 325-02 approving the execution of settlement agreements, to Gary, David and Debra Bernard in the amount of $7,000 and provide the payment for the needed easement for the right—of-way acquisition for Project No. J- 9791 "Southtowne Heights Sewer and Water". Adopted Resolution No. 326-02 approving the execution of settlement agreements' to Tom and Patty Hanson in the amount of $3,375 and provide the payment for the needed easement for the right—of-way acquisition for Project No. J-4940 "Viola Bike Path". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 Agenda Item D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 J Adopted Resolution No. 327-02 approving the Development Agreement Amendment for the Badger Ridge Development. Adopted Resolution No. 328-02 approving a Development Agreement with Richard L. Schulz & Lana J. Schulz for Lot 4, Block 1, Forest Hills Fifth Subdivision for Project No. J-9871 "Sewer and Water, Stormwater Management, Street Project, Utility Connections, Service Connections" Adopted Resolution No. 329-02 approving the Development Agreement with Jordan Realty Corporation & GMRI, Inc. for the Olive Garden Restaurant site, Rochester Shopping Center Addition. Adopted Resolution No. 330-02 awarding the contract for Project No. 6315-2-02 (J- 2275) "Concrete Rehab on 15thAvenue S.E. from 4th Street S.E. to 11th Street S.E." to Midwest Concrete, Inc. for $467,915.90. Adopted Resolution No. 331-02 awarding the contract for Project No. 9857 (J-6391) "Traffic Signal at Intersection of CSAH 22 and CSAH 8 (Bamber Valley Road S.W.)" to Accurate Electric of Sauk Rapids, Minnesota, in the amount of $110,365.00. Adopted Resolution No. 332-02 amending Paragraph 3a of Section C "Special Parking Zones" (Zone D — Bus Stops) of the Comprehensive Traffic and Parking Resolution Book, to read: a) West Center Street/100 Block, on the north side, four stalls for Mayo Shuttle Bus The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. Adopted Resolution No. 333-02 setting a public hearing for July 1, 2002, to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 41h Street S.W./600 Block. Adopted Resolution No. 334-02 accepting the feasibility report dated June 3, 2002, for the Extension of Water and Sewer to serve Service Area 28J and authorize the execution of a Professional Services Agreement with McGhie & Betts to design the sewer trunkmain extension and prepare the site survey and roadway grades. Adopted the following Public Utility resolutions: Resolution No. 335-02 approving a contract with Qwest Corporation for Joint Pole Attachment License Agreement. Resolution No. 336-02 approving a contract with Ulteig Engineers for Professional Engineering Services for Transmission Line Q4 Relocation at Cascade Lake in the amount of $305,000.00. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 64(A Regular Meeting No. 15 — June 3, 2002 Agenda Item D-40 D-41 D-42 D-12 D-13 D-27 Resolution No. 337-02 approving a budget revision in the 2002 Rochester Public Utilities budget request for the transmission line Q4 Relocation at Cascade Lake from $75,000 to $200,000.00. Resolution No. 338-02 approving a 3.0% increase in electric rates effective June 4, 2002, for certain rate classes. A motion to approve the issuance of Electric Utility Revenue Bonds, Series 2002, for $10 million for 15 years. Approved the issuance of an ordinance to prohibit the painting on City Right -of -Way Property — Street Curbs and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 339-02 awarding the bid for Project No. J-6976 "Watermain and Bituminous Overlay on Braatas Drive S.W. at the Rochester International Airport" to A-1 Excavating in the amount of $152,167.75. Adopted Resolution No. 340-02 authorizing the Police Department to apply for the Universal Hiring Program 2002 for the hiring of four additional officers and the Mayor and City Clerk to sign the grant agreement. Ayes (7), Nays (0). Motion carried. Councilmember McConnell spoke as to the error of the Legislature this year in passing a fireworks bill allowing for the sale of certain fireworks. Councilmember McConnell noted that such fireworks are a hazard to children and he said that he would be voting against the request to amend the ordinance. Councilmembers Hanson moved, Stobaugh seconded, to approve language amending RCO 117A on the Regulation of Fireworks, instructing the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution 340A-02 awarding the contract to Floyd Larsen Contracting for construction of Fire Station #3 with Option #1 of a shingled roof at a cost of $1,618.500.00. Ayes (7), Nays (0). Motion carried. Richard Freese, Public Works Director, said that all bids were non -responsive except for the bid of Rochester Sand and Gravel. He noted that the bid specifications and instructions were not followed in all but the one bidder. Therefore, he asked that the Council award the bid for Project No. 6350-4-99 (J- 9578) "Reconstruct 50th Avenue N.W. from 150 feet south of Nicklaus Drive to 65th Street N.W. and Reconstruct 55th Street N.W. from 52"d Avenue to the Douglas Trail' to Rochester Sand and Gravel. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 341-1 , 02 award the bid for Project No. 6350-4-99 (J-9578) "Reconstruct 50th Avenue N.W. 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 (0165 1 Agenda Item E-1 E-2 E-3 from 150 feet south of Nicklaus Drive to 65th Street N.W. and Reconstruct 55th Street N.W. from 52"d Avenue to the Douglas Trail" to Rochester Sand and Gravel in the amount of $4,443,799.99. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Special District #10 to be known as New Life Worship Center located along the south side of 65th Street N.W., west of 341h Avenue N.W. and east of the Orchard Ridge Development. Wishing to be heard was Bill Oswald, 5718 Lancaster Lane N.W., speaking on behalf of the Northwest Neighbors Association. He said that with the changes that have been made to the special district, the neighborhood is in full approval of the development. All concerns have been adequately addressed. Wishing to be heard was Jeff Amerman, Architects Plus, Faribault, Minnesota, representing the New Life Worship Center. Mr. Amerman said that the New Life Worship Center is in full agreement with the changes that have been made to the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Special District #10 to be known as New Life Worship Center and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Continued Hearing on General Development Plan #181 to be known as New Life Worship Center located along the south side of 65th Street N.W., west of 34th Avenue N.W. and east of the Orchard Ridge Development. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve General Development Plan #181 to be known as New Life Worship Center 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 Annexation Petition #02-13 by Hawk Ridge Development, LLC to annex land located south of Pinewood Road S.E., west of 22"d Avenue S.E. and adjacent to Schoenfelder's 2"d and 3rd Addition in Marion Township. Mitzi Baker, Planning Department, explained that the annexation was originally scheduled concurrent with a general development plan and zone change petition. The plan and petition will be at the Planning and Zoning Commission the week of June 10, 2002. This annexation should be zoned consistent with Zone District Amendment #02-06. Wishing to be heard was Harvey Ratzlaff, 4402 Sixth Street N.W. He noted that the annexation is for a 50-foot strip of property they thought was theirs but upon survey found it to belong to another party. The property now belongs to the developer. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 Agenda Item E-4 E-5 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Annexation Petition #02-13 by Hawk Ridge Development, LLC and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-10 by James and Phyllis Thompson to be known as Sunnydale First Replat located along the north side of Sunnydale Lane S.E. and west of 40th Avenue S.E. Wishing to be heard was Ron Felt, 3714 Sheffield Lane S.E. Mr. Felt said that there are five lots of approximately 120-foot frontage. He said that it appears that the new lots will have 60-foot frontage. This is not consistent with the neighborhood. Mitzi Baker, Planning Department, said that the proposed development directly behind the lots includes single-family 60-foot lots. The replat does change the lot widths of what was before. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 342-02 approving Final Plat #02-10 by James and Phyllis Thompson to be known as Sunnydale First Replat with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-24 to be known as Rochester Technology Park Third by the City of Rochester located along the south side of Technology Drive N.W. and along the west side of Valleyhigh Road N.W. Mitzi Baker, Planning Department, noted that condition #3, a report on the Wetland Creation, shall be submitted by September 15, 2002. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 343- 02 approving Final Plat #02-24 to be known as Rochester Technology Park Third by the City of Rochester with three conditions. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Final Plat #00-14 to be known as Pinewood Hills Second Subdivision (previously named Pinewood Meadows Third) located east of 111h Avenue S.W. anc Southport Subdivision No. 3 and south of 28th Street S.E. and includes extension of 20th Avenue S.E. Wishing to be heard was Virginia Wentzel, 3016 19th Avenue S.E. She said that the residents of Southport are concerned about how the area will be drained by the five outlots for this development and future development. Ms. Wentzel noted that it was their understanding the runoff will be diverted into retention ponds and then into pipes and spillways and eventually into Willow Creek. Southport is to have sewer and water extension next year. She said that it has been suggested that drainage F1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 6467 Agenda Item 1 E-7 C from this area be piped to Willow Creek also. Willow Creek cannot handle the additional water and can only compound the water problem now experienced by Southport. Willow Creek must be dredged and widened to accommodate the additional water. Ms. Wentzel also asked who maintains the pond and who pays for it if it fails; who cleans up the pond and spillway? She also noted that the extension of 29th Street is not a straight -through street; there is a house in the middle of the street. Doug Nelson, Public Works, noted that the City would own and maintain the ponds. The drainage that has in the past drained to the north, south and west will continue to drain in those directions. Liners in the bottom of the ponds will avoid infiltration of the pond water. The water that will drain from the ponds will do so at a much lower rate even though the overall volume will be larger. Wishing to be heard was Virginia Wentzel, 3016 19th Avenue S.E. , said that the lower rate flow to Willow Creek will mean that the water table in the creek will stay at a higher level for longer periods than before. Richard Freese, Public Works Director, said that the historical rainfall precipitation increased by 40 inches in Rochester during the 1990's. They are currently working with the developer to make sure that the current high ground water situation does not worsen. Having no one further wishing to be heard, President Hunziker closed the hearing. Mike Nigbur, Public Works Department, said that condition #7 can be disregarded and condition #4 should be changed to read: "Owner agrees to grade and provide the aggregate base in the proper profile and cross-section consistent with 29th Street in the Pinewood Hills Second Development. City shall be responsible for any paving concurrent with the WQPP project development in South Port". Councilmember Hanson asked that condition #5 be amended to make sure that construction access is not through the Southport and South Park subdivisions. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 344- 02 approving Final Plat #00-14 to be known as Pinewood Hills Second Subdivision with six conditions, amending condition #4 as stated by Mike Nigbur and amending condition #5 "that access will be through the commercial area south of Southport for construction traffic". Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-27 by Weatherstone Development LLC of Rochester to be known as Weatherstone CIC #166 First Replat located west of 50th Avenue N.W. and is along Weatherstone Drive N.W. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted agreement with the four conditions and 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 6468 Regular Meeting No. 15 — June 3, 2002 1 Agenda Item Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 345-0 approving Final Plat #02-27 by Weatherstone Development LLC of Rochester to b known as Weatherstone CIC #166 First Replat with four conditions. Ayes (7), Nay (0). Motion carried. i E-8 A Hearing on Type III, Phase II Amendment to General Development Plan #146 known as Kingsbury Hills located along the south side of 55th Street N.W. and al the east side of 60th Avenue N.W. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted agreement with the nine conditions and was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve General Development Plan #146 known as Kingsbury Hills with nine conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-9 A Hearing on Preliminary Plat #02-16 by Bigelow Enterprises to be known as 11 Kingsbury Hills Third located east of 60th Avenue N.W. and south of the Kingsbury Hills Development. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She noted that they are in agreement with the eight conditions and that condition #' has been completed. Councilmember Senjem said that traffic circles are included in the plat which has not been required before. Richard Freese, Public Works Director, said that staff is attempting to work with the developer at the time of development to build in traffic calming solutions so that the future residents and the City don't have to retrofit existing streets at a later time j when traffic problems occur. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Preliminary Plat #02-16 by Bigelow Enterprises to be known as Kingsbury Hills Third with condit two through eight. Ayes (7), Nays (0). Motion carried. E-10 I A Hearing to Consider Proposed Business Subsidies for Pace Electronics Project. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 346-( and 347-02 approving Business Subsidies for the Pace Electronics Project Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 — June 3, 2002 6469 1 L Agenda Item E-11 E-12 E-13 E-14 A Hearing to Consider the Establishment of Development District No. 23, Adopt the Development Program, and Establish Within the Development District Tax Increment Financing District No. 23-1. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 348-02 approving the Establishment of Development District No. 23, Adopt the Development Program, and Establish Within the Development District Tax Increment Financing District No. 23-1. Discussion. Councilmember McConnell asked about eligibility requirements for the program. He was told that the First Homes program is county -wide and anyone who qualifies under the income level is eligible to participate. Phil Wheeler, Planning Department Director, said that the First Homes program was established to provide homes for people who would probably work in the City of Rochester. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Establishment of Residential Permit Parking Zone #8 (Kutzky's Addition) on the 200 Block of Ninth Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 349-02 establishing Residential Permit Parking Zone #8 (Kutzky's Addition) on the 200 Block of Ninth Avenue N.W. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #02-12 by Western Walls, Inc. to annex property located along the west side of 60th Avenue N.W. and south of 55th Street N.W. in Kalmar Township. Councilmembers Hanson moved, Senjem seconded, to table Annexation Petition #02-12 by Western Walls, Inc. Ayes (7), Nays (0). Motion carried. A Hearing on Revised Preliminary Plat #99-25 to be known as Glendale Hills 4th by Glendale Hills Fourth LLC located east of Glendale Hills Third Subdivision and south of Glendale Hills and Glendale Hills Second subdivisions, including Glendale Hills Drive N.E. Wishing to be heard was Dave Morrill, McGhie & Betts, on behalf of the applicants. He noted that the applicants are in favor of the conditions. Rather than two lots in the northeast corner of the plat, there will be one lot which addresses condition #4 and condition #5. Wishing to be heard was Lora Powell, 1120 Glendale Hills Drive N.E. She noted that the plan was to have Rocky Creek Drive and Northern Valley Drive be through streets. Glenhills Drive was not meant to be a through street and the reason that Ms. Powell and her family built there. She said that Rocky Creek Drive should be RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6470 Regular Meeting No. 15 — June 3, 2002 Agenda Item continued to off -set the traffic problem. The slope on Rocky Creek Drive should not be an issue as it is within the limits set by the City. She asked that the proposed parkland be finished on a timely basis. Wishing to be heard was Jim Bryant, 1029 Rocky Creek Drive N.E. Mr. Bryant said that the Planning Commission rejected the plat based on the wetland impact. He said that if the plat is approved, his concern is with what happens to the water. Mr. Bryant was also concerned about traffic abatement processes such as round- abouts to slow the traffic. He said that traffic will try to divert from East Circle Drive to Broadway to try to avoid the confusion at the Chateau Theatre. Wishing to be heard was Susan Strubel, 1206 Glendale Hills Drive N.E. Ms. Strubel said that it was her understanding that the road was funded and approved and would be constructed this year. She noted a petition from the Glendale Hills Drive neighborhood because of the traffic issues and the large number of children on the street. She said that the City had noted to her that the only solution is to get Rocky Creek Drive or Northern Valley Drive through to help with the traffic. She asked that construction be done in a timely manner. Wishing to be heard was Phil Sanders, 1502 Glendale Hills Drive N.E. At the last Planning Commission meeting, a cross-section showed a steep dropoff on the side of one of the streets; they talked about putting guardrails on the street. He said tha. the Commission was also concerned about the slopes of some of the driveways going to the homes; how was this addressed. Mr. Sanders said that he wanted to see some through street but didn't know if Rocky Creek Drive was the street. Richard Freese, Public Works Director, said that the Northern Heights North plat had a section of Rocky Creek Drive that was very steep. The developer has not come forth with any plats for the area because of the steepness. The developer would not be charged with any portion of the road through this area unless he develops lots along the roadway through his plat. The steep road section is within the Northern Heights North plat and not on the Glendale Hills plat. Wishing to be heard was Dave Morrill, McGhie & Betts, said that they have a 10 percent steepness grade for Rocky Creek Drive on the plat. The 10 percent grade is similar to the Glendale Hills Drive and Northern Valley Drive making the plat consistent with the existing roads. He said that he thought the cross -sections were developed to show the steepness of the street if there were no development on either side. Wishing to be heard was Dale Mundahl, 1604 Glendale Hills Drive N.E. Mr. Mundahl was in concerned with the wetlands issue. He was told by previous land owners that there would be building sites where no homes would be built because of the wetland issue in the neighborhood. Richard Freese, Public Works Director, stated that all required wetland permits and mitigation issues are being worked through to minimize the wetland issues and replace them elsewhere. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15—June 3, 2002 6471 Agenda Item 1 E-15 F-1 G-2a �J Wishing to be heard was Lora Powell, 1120 Glendale Hills Drive N.E. She referred to the wetland issue; in talking with Mr. Gill, the previous owner of the land, he had taken some of the land and left an outlot whereas the current plat has very deep lots. The homes will be located forward on the lot leaving the decision of the land to the owner of each lot to leave as they prefer. Wishing to be heard was Elise Bryant, 1029 Rocky Creek Drive N.E. At the Planning Commission, only one person bothered to walk the land; it is truly a wetland. Why is something classified as wetland and then just turn around and deed it as something else because traffic needs it? Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 350-02 with seven conditions, approving the Substantial Land Alteration Activity, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Hanson asked about the timetable of putting the road in. Richard Freese, Public Works Director, said that the notice of bids will go out this summer with construction to begin this year. Ayes (7), Nays (0). Motion carried. A Hearing on Text Amendment #02-03, Initiated by Rochester Planning and Zoning Commission, to amend Section 60.505 of the City of Rochester Zoning Ordinance and Land Development Manual addressing time permitted to determine completeness of an application. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Text Amendment #02-03, Initiated by Rochester Planning and Zoning Commission, to amend Section 60.505 to review applications for completeness from the current 3 to 6 days. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 351-02 and 352-02 approving the execution of a Development Agreement with Joel Bigelow & Sons Enterprises, Inc. for the Manor Woods West Central Subdivision #23-1 Tax Increment Financing Project. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 128.02 of the Rochester Code of Ordinances, Relating to the Imposition of a Lodging Tax, was given a first reading. Councilmembers Hanson 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 Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6472 Regular Meeting No. 15 — June 3, 2002 Agenda Item G-2b I An Ordinance Creating and Enacting Chapter 73D of the Rochester Code of Ordinances, Relating to Food Carts, was given a first reading. Councilmembers Hanson 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 Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2c An Ordinance Creating and enacting Subdivision 3 of Section 117A.04, and Section 117A.08, and Amending and Reenacting Section 117A.05, Subdivision 3 of Section 117A.06 and Section 117A.07 of the Rochester Code of Ordinances, Relating to Regulation of Fireworks, 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, Mari seconded, to adopt the Ordinance as read. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. G-2d I An Ordinance Creating and Enacting Section 73.071 of the Rochester Code of Ordinances Relating to Painting Curbs, was given a first reading. Councilmembers Hanson 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 Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2e An Ordinance Creating and Enacting Chapter 64J, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishme of the New Life Worship Center Special District, was given a first reading. G-2f An Ordinance Annexing to the City of Rochester Approximately 1.5 Acres of Land Located in a Part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a fir: reading. (South of Pinewood Road SE, West of 22"d Avenue SE) (Annexation Petition #02-13) G-2g An Ordinance Amending and Reenacting Section 60.505 of the Rochester Code of Ordinances, Relating to the Timely Submission of Development Permit Applications, was given a first reading. (Text Amendment #02-03) G-3a Mitzi Baker, Planning Department, brought attention to a memorandum from Gary Neumann noting changes between Administration and the applicant primarily language. The right-of-way widths corrected to make them more consistent with the right-of-way standards and has been reviewed and approved by Mike Nigbur, Public Works Department. They are: Roadway A — 50-foot right-of-way. Roadway B — 50-foot right-of-way n J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15—June 3, 2002 6473 1 Agenda Item G-3b G-3c G-3d Roadway C — 50-foot right-of-way Roadway D — 56-foot right-of-way Roadway E — split into two segments; first segment the same as in the ordinance (66-foot right-of-way); second segment with 50-foot right-of-way, parking on one side and 26-foot road Roadway F — changed to a 80-foot right-of-way Roadway G — changed to a 75-foot right-of-way Roadway H — changed to a 66-foot right-of-way Councilmembers Hanson moved, Evans seconded, to amend Ordinance 3468 as to the Prairie Crossing Special District to take into consideration Gary Neumann's May 29, 2002 memo and its suggested ordinance changes and those outlined by Mitzi Baker, Planning Department. Ayes (7), Nays (0). Motion carried. An Amended Ordinance Creating and Enacting Chapter 641, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the Prairie Crossing Special District, was given a second reading. Councilmembers Senjem moved, Evans 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 Re -Designation of 11th Avenue NW, Platted in Bielenberg and Giese First Addition; Bielenberg and Giese Second Addition; Replat of Bielenberg and Giese Fourth Addition; and Replat of Outlot 1 and Block 1 Replat of Bielenberg and Giese Fourth Addition to Assisi Drive NW, and the Re - Designation of 16th Avenue NW, Platted in Thomas First Addition to the City of Rochester to Assisi Drive NW 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 Sections 60.141 and 61.225 of the Rochester code of Ordinances, Relating to the Approval of Development That Violates Non -Land Use Laws was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Text Amendment #02-04) An Ordinance Amending and Reenacting Section 62.283 of the Rochester Code of Ordinances, Relating to Performance Residential Setbacks was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Text Amendment #02-02) Having no further business, Councilmembers Senjem moved, Marcoux 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 6474 Regular Adjourned Meeting No. 16 — June 17, 2002 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 Councilmembers Hanson Evans seconded, to adopt Resolution No. 353-02 referring the petition for "Extension of Sanitary Sewer and Watermain to the Kirkland -Cloves Property in Cascade Township and the Schleusner Property in Kalmar Township" to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. D-1-46 Councilmembers Stobaugh moved, Marcoux seconded, to approve the following consent agenda items. D-1 Approved the minutes of the May 6 and June 3, 2002, Council meetings. D-2 Adopted Resolution No. 354-02 approving an agreement with Mayowood Enterprises, the Mohenke Trust and Warner Properties for the Bamber Valley Sanitary Sewer Trunkmain Project. D-3 Adopted Resolution No. 355-02 approving a six-month notification to the Mayo Clinic of the intent of the City to take back one parking level of leased space for the Third Street parking ramp as provided for in the lease agreement. The employment relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. D-4 Approved the appointment of Dr. Mark Wenner from the Cascade Animal Medical Center to the Dangerous Dog Review Panel until such time as appointee resigns or is replaced. D-5 Adopted Resolution No. 356-02 entering into agreements with Northwest, Mesaba and Pinnacle Airlines for the new lower level gate area and jet loader project leasing. D-6 See at end of D Items. D-7 Adopted Resolution No. 357-02 authorizing execution of Change Order #1 with Schroeder-Leverington for Project No. J-6970 "Terminal Building Expansion" to add an additional $8,136.00. D-8 Adopted Resolution No. 358-02 approving 44 election polling precincts for the City of Rochester as a result of the redistricting of the City. D-9 Approved an On -Sale Wine and 3.2% Beer License for Et Cetra Corporation DBA Et Cetera at 420 Second Street S.W. D-10 1 Approved the following licenses and miscellaneous activities: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — June 17, 2002 6475 Agenda Item 1 n-Sale 3.2 Beer Lovelace & Fossum, Inc. DBA J.D. Billards, 1207 Seventh Street N.W. Fireworks Display Rochester Post Bulletin Charities — Annual Fireworks Display — July 4, 2002 Fireworks Sales Rainbow Foods, 1201 South Broadway Wal-Mart Store #1971, 3400 55th Street N.W. RSA Consulting, Inc., Bettendorf, Iowa, at Hy-Vee Parking Lots, 1315 Sixth Street N.W. and 500 37th Street N.W., and vacant lot at corner of Broadway & Ninth Street S.E. Midas Muffler, 1225 North Broadway Wal-Mart #2812, 25 25th Street S.E. Super Target #1351, 3827 Market Place Drive N.W. Big Lots, 1607 Highway 14 East Gambling - Temporary Collie Cub of Minnesota, Dayton, Mn. — Raffle at Mayo Civic Center on January 15, 2003 Bamber Valley Elementary PTA — Raffle — October 5, 2002 Sewer & Drains Tobin Lawver DBA Eagle Ridge Homes, Inc., Rochester Sound Amplification Back On Track (Gregory Gilman) — Neighborhood Gathering Back Yard — July 10, 2002 — 7:00 to 10:00 PM Holiday Inn -South — 9th Annual Parking Lot Dance — August 23, 2002 — 8:00 PM to Midnight (request waiver of 11 PM time period) Jodi Carlson Surprise Birthday Party — 3415 Lake Street N.W. — July 6, 2002 — 8:00 to 11:00 PM Peace Together — Picnic at Peace Plaza — July 9, August 13, September 10 and October 8, 2002 0 11:30 AM to 1:30 PM Miscellaneous John Marshall High School — Homecoming Parade — October 4, 2002 Peace Together — Walk — July 9, August 13, September 10 and October 8, 2002 Rochester Area CROP Walk — October 13, 2002 Approved Accounts Payable in the amount of $3,079,751.77 and investments in the amount of $8,048,466.72. Approved Accounts Payable for the June 3, 2002, Council meeting in the amount of $4,248,901.41 and investments in the amount of $8,702,683.45. Adopted Resolution Nos. 359-02 and 360-02 approving the low bid in the amount of $34,026.75 including sales tax and trade-in from Sweeney Brothers, Inc. for a 6476 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 —June 17, 2002 Agenda Item D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 3500-gallon street flusher tank assembly and the low bid in the amount of $42,386.90 including sales tax and trade-in from Chelsey Truck Sales for a 2002 Tanden Truck Cab/Chassis. Adopted Resolution No. 361-02 initiating the process for the sale of the City's $11,275,000 Electric Utility Revenue Bonds, Series 2002A. Approved the appointment of Ryan Ostreng and David Blocker to the position of Firefighter for the City of Rochester Fire Department. Adopted Resolution No. 362-02 approving the acceptance of a Local Law Enforcement Block Grant Program award of $50,013.00 to be used as determined by an Advisory Board. Adopted Resolution No. 363-02 approving the application for and acceptance of a STOP Violence Against Women Act Fund Grant in the amount of $62,000 to $92,000. See at end of D Items. See at end of D Items. Adopted Resolution Nos. 364-02, 365-02 and 366-02 authorizing the City Clerk to advertise for a Project and Assessment Hearing for August 5, 2002 and ordering the preparation of the assessment roll. Adopted Resolution No. 368-02 approving execution of a Contribution Agreement with Hayden Properties, LLC for Project No. M1-32 (J-9793) "Sanitary Sewer and Watermain Extension to Serve the Sunnydale Subdivision Area, Phase II". Adopted Resolution No. 369-02 approving the Alternative Urban Areawide Review for the Marion Road Trunk Sanitary Sewer Project. Adopted Resolution No. 370-02 authorizing the execution of a Construction Engineering Service Agreement with McGhie & Betts, Inc. for Project No. M1-32 (J- 9793) "Sanitary Sewer and Watermain Extension to Serve the Sunnydale Subdivision Area, Phase II" not to exceed a cost of $134,900.00. Adopted Resolution No. 371-02 awarding the contract to S.J. Louis Construction, Inc. for Project No. M1-32 (J-9793) "Sanitary Sewer and Watermain Extension to Serve the Sunnydale Subdivision Area, Phase II" at a cost of $1,675,197.44. Adopted Resolution No. 372-02 awarding the contract to Elcor Construction in the amount of $38,670.50 for Project No. 8316-98B (J-2454) "Replace Concrete Flume with Concrete Pipe in Pinewood Subdivision". Adopted Resolution No. 373-02 amending the Assessment Roll dated May 6, 2002, for Project No. 6319-4-00 (J-9824) "Realignment &Construction of Highway 52 Eas 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — June 17, 2002 6477 Agenda Item D-27 D-28 u • D-30 D-31 D-32 D-32 D-34 D-35 D-36 Frontage Road from 33rd Street N.W. to 371h Street N.W." for parking improvement assessments for Parcels 20561, 20562, 20563, 20566, 20567, 20568, and 20569. Adopted Resolution No. 374-02 authorizing execution of a Development Agreement with Joel Bigelow and Sons Enterprises, Inc. for Outlot A Village on the Green. Adopted Resolution No. 375-02 amending Paragraph (219) of Section B "No Parking Zones" to read: (219) 16th Avenue N.W./S.W. on both sides of the street from 2"d Street S.W. to Civic Center Drive N.W., at all times. (219.5) is deleted. Approved amending the Truck Route Ordinance by adding the following routes to Section 135.08 and instructed the City Attorney to prepare the required ordinance for adoption: (135.08) 71h Street N.W. from CSAH 22 east to the end of street, 9-ton year round. Adopted Resolution No. 376-02 requesting MnDot to conduct a speed zone study on 11th Avenue S.W.; 48th Street to County Road 16. Adopted Resolution No. 377-02 authorizing execution of a Pedestrian Facilities Agreement with Bruce E. Fujan and Roberta E. Fujan for Lots 1 & 2, Block 1, Roberta's Replat. Adopted Resolution No. 378-02 authorizing execution of a Pedestrian Facilities Agreement with Ronald Yaggy and Judith Yaggy for Lot 13, Block 1, Airport Industrial Park. Adopted Resolution No. 379-02 authorizing execution of a Pedestrian Facilities Agreement with Steven Yaggy and Carol Yaggy for Lots 14 & 15, Block 1, Airport Industrial Park. Adopted Resolution No. 380-02 authorizing execution of a Pedestrian Facilities Agreement with Good Shepherd Evangelical Lutheran Church of Rochester for Lot 6, Block 3, Hilmer's High View Acres. Adopted Resolution No. 381-02 authorizing execution of a Pedestrian Facilities Agreement with Eric A. Eckberg and Willeta Eckberg for Lot 17, Block 2, Emerald Hills Subdivision (2920 Cassidy Drive N.E.) Adopted Resolution No. 382-02 authorizing execution of a Pedestrian Facilities Agreement with Gerald R. Rishavy and Kimberly M. Rishavy for Lot 13, Allendale Subdivision. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6478 Regular Adjourned Meeting No. 16 — June 17, 2002 Agenda Item D-37 D-38 D-39 D-40 D-41 D-42 D-43 D-44 Adopted Resolution No. 383-02 authorizing execution of a Pedestrian Facilities Agreement with Ability Building Center for Lots 1 through 10, Block 4, Valley High Replat. Adopted Resolution No. 384-02 authorizing execution of a Pedestrian Facilities Agreement with AGD Airport Hotel Limited Partnership owner of the Sleep Inn Hotel, and Lessee of real property in the NE'/4 of Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota. Adopted Resolution No. 385-02 authorizing payment to Leslie Nelson in the amoun of $12, 500 for settlement of Right -of -Way Acquisition for Project No. J-2245 "Third Avenue S.E. Rehab)". Adopted Resolution No. 386-02 approving the City/Owner Contract with Bigelow Enterprises, Inc. and Swenke Company, Inc. for Project No. J-5007 "Watermain to Serve Willow Point Townhomes". Adopted Resolution No. 387-02 approving the City/Owner Contract with Lumber One Avon, Inc. and Elcor Construction, Inc. for Project No. J-5012 "Basic Construction in Valley Side Estates Plat 2". Adopted Resolution No. 388-02 accepting voluntary participation by Michelin Service Center, Avis Car Rental, State Farm Insurance, and Yaggy Property in the City's Regional Storm Water Management Plan. Adopted Resolution No. 389-02 approving Change Order No. 1 with Foster Electric Company in an amount of $145,950.00 for the Control System Update. Adopted Resolution No. 390-02 establishing the sewer rates for the year 2003 effective January 2003. Residential/Commercial 2002 Customer Charge $4.59/month Flow (Composite) $1.2420/ccf Industrial/Larae User Flow $0.5639/ccf BOD $0.2048/lb TSS $0.1540/lb Phosphorous $1.7137/lb Ammonia -Nitrogen $1.4515/lb Large User Monitoring $777/month Septage $70.00/100 gallons 2003 $4.63/month $1.2731 /ccf $0.5780/ccf $0.2099/lb $0.1578/lb $1.7565/lb $1.4878/lb $800/month $72.00/100 gallons D-45 Adopted Resolution No. 391-02 acknowledging the City's support, sponsorship priority of the Bridge Bonding projects noted below and a commitment to secure and guarantee the local share of the project costs. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — June 17, 2002 6479 C Agenda Item D-46 M D-18 D-19 Bridge No. 55576 48th Street SW Bridge over Willow Creek $1,449,500 Bridge No. 55575 40th Street SW Bridge over Willow Creek $1,708,000 Adopted Resolution No. 392-02 authorizing the Mayor and City Clerk to execute the needed quit claim deed until September 1, 2002 to the State of Minnesota relating to Highway 63 South lying within the previous 1990 condemnation action allowing the State the time needed to acquire properties. Ayes (7), Nays (0). Motion carried. Councilmember Hanson said that the contractor that is recommended for this contract had another recent sewer backup problem elsewhere in town. What parameters does the City have in making the contractor comply with the requirements of projects? Terry Adkins, City Attorney, said a court has yet to determine this contractor has committed any negligent act. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 393-02 awarding the bid for Project No. J-6975 "2002 Runway 20 Perimeter Roadway, Taxi Cab Stand, Security Revisions to the Spectator Green Area and Runway 20 Lighted Signs" to Road Constructors, Inc. in the amount of $297,491.00. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if it is right to put police officers in the middle schools; we already have them in the high schools. He felt that officers in the middle schools are not the answer to school discipline problems. Steve Kvenvold, City Administrator, said that we would only be accepting the grant at this time and would not be making expenditures until 2003 and after budget deliberations and discussions have been held. At that time, if Councilmembers are not in favor of putting the officers in the middle schools, we are not committed to use the grant. Mr. Kvenvold said that given the preference, the Police Department would rather -put officers in the middle schools than the high schools under the assumption the work done earlier serves better than the work later. Councilmember Hanson said that it would be putting officers into the schools rather than out on the street where needed. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 394-02 approving the acceptance of a COPS in Schools grant award for a three-year period for $500,000. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. Councilmember Senjem asked about the number of instances in Mayo Park which would eliminate a person(s) from taking beverages into the park for a picnic or other entertainment. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6480 Regular Adjourned Meeting No. 16 — June 17, 2002 Agenda Item E-1 Steve Kvenvold, City Administrator, said that there have been vagrants in the park and this would be a further control mechanism. There are certain people that take liquor into the park and drink all day. It would not affect "Down By the Riverside" but someone wanting to take a cooler into the park for a picnic would need to secure a permit from the Park Department. Councilmember Stobaugh said that he has received a number of calls about the situation and its effect on the neighbors. The situation has occurred because there is no public intoxication or vagrancy ordinance. Councilmembers Stobaugh moved, McConnell seconded, to approve the adoption of an ordinance amending RCO 45B.17 prohibiting the sale, possession or consumption of alcoholic beverages within Mayo Park except when such sale, possession or consumption is under the authority of a permit issued by the Park Board. Upon Roll Call Vote, Councilmembers Marcoux, McConnell, Stobaugh, and President Hunziker voted aye; Councilmembers Evans, Hanson and Senjem voted nay. Ayes (4), Nays (3). Motion carried. A Continued Hearing on Final Plat #01-50 to be known as Ridgeview Manor Second by BBB Development LLC located west of 50th Avenue N.W. and Ridgeview Manor Subdivision and north of the Weatherstone Development. Brent Svenby, Planning Department, noted that condition #5 can be dropped. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. 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 adopt Resolution No. 395-02 approving Final Plat #01-50 to be known as Ridgeview Manor Second with four conditions. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on Final Plat #02-18 to be known as Valley Side Estates Plat 2, by Freedom Development and Consulting located east of 401h Avenue S.E., south of TH 14. Wishing to be heard was Dave Bell, Freedom Development and Consulting, St. Cloud. He noted agreement with the five conditions. Mr. Bell thanked staff for working with the township in the placement of the pond within Marion Township. Terry Adkins, City Attorney, said that Marion Township was notified and has responded that the Township does not regulate this activity and no action on their part is needed. Mr. Adkins asked that condition #3 be amended to add the wording "...proof of Marion Township approval if any such approval is required..." 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 Adjourned Meeting No. 16 — June 17, 2002 6481 1 Agenda Item E-3 E-4 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution Nos. 396- 02 and 397-02 approving Final Plat #02-18 to be known as Valley Side Estates Plat 2 with five conditions amending condition #3 as stated by the City Attorney and approving the Substantial Land Alteration Activity. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-20 by Fred Schmidt to be known as Hundred Acre Woods located along the north side of Eastwood Road S.E., south of TH 14 and west of Eastwood Golf Course. Wishing to be heard was Cedric Schutz, Land Consultants, representing the developer. He said that they were in agreement with the conditions. He also said that MnDot has agreed with the alignment of the streets and roads. Mr. Schutz noted that condition #7 regarding the width of the roads is a concern. Reducing the streets widths from a 36-foot to a 34-foot to a 28-foot roadway causes a lot of problems for the developer. He asked that a 66-foot right-of-way be maintained throughout the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Preliminary Plat #02-20 by Fred Schmidt to be known as Hundred Acre Woods with 12 conditions, adopting Resolution No. 398-02 approving the Substantial Land Alteration, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Phil Wheeler, Planning Department, said that the concern for the larger widths of streets has to do with related higher speeds. He said that eventually traffic calming measures would have to be implemented if the 66-foot right-of-way is maintained. Problems can be avoided up front if streets are designed to deter speed from the start. It was the consensus of the Councilmembers that a 131h condition should be added: "The applicant must provide surety that guarantees the site will be fully restored after the completion of the excavation activity. Said surety must be provided prior to the commencement of grading activities on the property." Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-29 by Staples & Staples LLC to be known as Auditor's Plat "D" First Replat located along the northwest side of 16'h Avenue N.W. and along the south side of Civic Center Drive. Wishing to be heard was Brent Staples, owner of the property in Rochester. He noted that they are in agreement with the two conditions. 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 6482 Regular Adjourned Meeting No. 16 — June 17, 2002 Agenda Item Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 399- 02 approving Final Plat #02-29 by Staples & Staples LLC to be known as Auditor's Plat "D" First Replat with two conditions. Ayes (7), Nays (0). Motion carried. E-5 A Hearing on Final Plat #02-30 to be known as Circle Drive Corporate Park Third by J.M. Hamilton located along the south end of 40th Avenue N.W. and east of Wes Circle Drive. Wishing to be heard was J.M. Hamilton, applicant, Riverside Building, Rochester. He stated that he was in agreement with the four recommended conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 400 02 approving Final Plat #02-30 to be known as Circle Drive Corporate Park Third b J.M. Hamilton with four conditions. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Preliminary Plat #02-21 by Exempler, Inc. to be known as Stonebridge located along the west side of 36th Avenue S.E. and south of College View Road. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of the application. He noted their agreement with the 8 conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to approve Preliminary Plat #02-21 by Exempler, Inc. to be known as Stonebridge with eight conditions, adopt Resolution No. 401-02 approving the Substantial Land Alteration, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-7 A Hearing on Type III, Phase III Conditional Use Permit #02-03 by Bill Lesmeister to fill a flood prone district located along the north side of St. Bridget Road, east of TH 63. Wishing to be heard was Ken Moen, Moen Law Firm, Riverside Building, on behalf of the applicant. Mr. Moen said that they were in agreement with the two condition., and the third condition as added related to storm water storage. Wishing to be heard was Tom Moore, 5601 St. Bridget Road Court S.E. He noted that he lives south of the proposed permit area and is concerned about what the water impact will be on the property. Richard Freese, Public Works Director, said that the applicant was required to submit a report from a registered engineer addressing the issue of flood storage and impact and is the reason for condition #3 being added. There does not appear to be any impact on the Moore property that would not be consistent with the information provided. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — June 17, 2002 6483 Agenda Item M Wishing to be heard was Bryce Prow, 5955 Shetland Drive S.E. He said that it was his understanding that MnDot would not be addressing water flow issues and he was concerned about the flow of storm water onto his property. Richard Freese, Public Works Director, asked that Mr. Prow speak with MnDot because a drainage plan does exist that will handle the existing water flow for this area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 402-02 approving Conditional Use Permit #02-03 by Bill Lesmeister. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I, Appeal #02-04 of the Rochester Zoning Board of Appeals denial of Variance Request #02-03 by Patrick Carr to allow for a fence exceeding maximum height located at 623 Fourth Street S.E. Wishing to be heard was Patrick Carr, applicant, 623 Fourth Street S.E. Mr. Carr applied for variances on two accessory structures and one fence located on his property. The Rochester Zoning Board of Appeals denied the variance for the east structure and the fence height from six to eight feet. Mr. Carr said that the 60 square foot structure is located in the northeast corner of his property along his house four feet from the property line. The fence he asked to maintain at eight feet to provide privacy for the next -door neighbor as well as for security reasons. Mr. Carr said that when his children are no longer living at home, the fence will be lowered to the required six foot height. The Public Works Department was the only department objecting to the placement of the shed and height of the fence, saying it had been placed in the traffic visibility zone. Mr. Carr argued that according to the Land Development Manual (LDM) Section 63.126 the shed is not in a traffic visibility zone. The LDM says that a structure cannot be closer than 10 feet to the intersection of a driveway with any right of way used for vehicular traffic. Mr. Carr said that his structure is 16 feet from the street. Setbacks are not an issue. The only issue is vehicular visibility. The vehicle right-of-way ends at the curb; no one drives on the sidewalk. Richard Freese, Public Works Director, said that vehicular traffic includes bicycles and pedestrians as well as cars. There is a visibility problem with the shed location in that pedestrians are blocked from view on the sidewalk when cars are exiting from the driveway. Mr. Freese stated that the Section 63.126 in the LDM has been interpreted by staff to mean vehicular and non -vehicular visibility. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved to uphold the decision of the Rochester Zoning Board of Appeals in not granting the variance to Mr. Carr. Motion died for lack of second. Councilmembers Stobaugh moved, Hanson seconded, to overturn the denial of the Rochester Zoning Board of Appeals and instructed the City Attorney to prepare RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6484 Regular Adjourned Meeting No. 16 — June 17, 2002 Agenda Item E-9 E-10 E-11 E-12 E-13 Findings of Fact, Conclusions of Law, and Order, to bring back to the Council at July 1, 2002, meeting. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-04 by Donald and Barbara Krahn, Inc. to vacat, northerly five feet of right-of-way platted as Harbor Parkway (renamed Knollwood Drive S.E.) located south of Eastwood Road S.E., north of Park Street and west of Harbor Drive. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 403-02 approving Vacation Petition #02-04 by Donald and Barbara Krahn, Inc. Ayes (7), Nays (0). Motion carried A Hearing on Utility Vacation #02-05 by Weatherstone of Rochester LLC to vacate part of a 30-foot utility easement located south of Weatherstone Drive, west of 501n Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 404- 02 with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #02-14 by Morris Memorial LLC and Allen Koening to annex land located west of TH 63 and east of East River Road N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to approve Annexation Petition #02-14 by Morris Memorial LLC and Allen Koening and that all land included in the annexation petition be zoned "I -Interim". Ayes (7), Nays (0). carried. A Hearing on Text Amendment #01-09 by the Rochester Common Council to amend Section 60.329 of the City of Rochester Zoning Ordinance and Land Development Manual to accommodate limited expansion and alteration of structures within the "I" Interim Zone District. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to approve Text Amendment #01-09 by the Rochester Common Council to amend Section 60.329 of the City of Rochester Zoning Ordinance and Land Development Manual. Ayes (7), Nays (0). Motion carried. A Hearing at which the Minnesota Department of Transportation shall present the final layout for the TH 63 South Project pursuant to M.S. 161-164. 1 Councilmembers moved, seconded, to continue the hearing to July 1, 2002. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 — June 17, 2002 6485 Agenda Item F-1 F-2 G-2a G-2b G-2c G-2d G-2e G-3a Doug Knott, Administration, gave a brief overview of the proposed ordinance noting that State law is now in place outlining the procedures for a public hearing on a manufactured home park closing and removal, relocation payments and removal and disposition of unmoveable homes. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 405-02 establishing a $400 fee to accompany the submission of the closure statement to the Planning Department and instruct the City Attorney to prepare the required ordinance for adoption creating and enacting Chapter 120 of the Rochester Code of Ordinances relating to the regulation of manufactured home park closings. Ayes (7), Nays (0). Motion carried. This item was withdrawn. An Ordinance Amending and Reenacting Section 45B.17 of the Rochester Code of Ordinances, Relating to the Possession and Consumption of Alcoholic Beverages in Mayo Park, was given a first reading. An Ordinance Amending and Reenacting Section 135.08 of the Rochester Code of Ordinances, Relating to the Designation of Truck Routes, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 33.39 Acres of Land Located in a Part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 107 North, Range 14 West, Olmsted County, Minnesota. (West of Highway 63, East of East River Road NE — Annexation Petition #02-14) An Ordinance Amending and Reenacting Section 60.329 of the Rochester Code of Ordinances, Relating to the Permissible Uses Within the "I" Interim Zoning District. Councilmembers Senjem moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Marcoux moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Text Amendment #01-09) An Ordinance Creating and Enacting Chapter 120 of the Rochester Code of Ordinances Relating to Regulation of Manufactured Home Park Closings, 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. An Ordinance Annexing to the City of Rochester Approximately 9.57 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North Side of East Circle Drive and West rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6486 Regular Adjourned Meeting No. 16 — June 17, 2002 Agenda Item G-3b G-3c G-3d of Christ Our Rock Church and South of Future Stonehedge Development) (Annexation Petition #02-10) An Ordinance Annexing to the City of Rochester Approximately 35.71 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (North Side of 55th Street N.W. and East of 60th Avenue N.W.) (Annexation Petition #02-11) An Ordinance Creating and Enacting Subdivision 7 to Section 125A.11 and Amendir and Reenacting Subdivision 2 of Section 125A.05 of the Rochester Code of Ordinances, Relating to the Expiration and Number of Alcoholic Beverage Licenses was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Adopting Official Street Map Number 12 concerning the Proposed Rigf of Way for the Interchange of Trunk Highway 63 with 40th Street and 48th Street SW and SE in the City of Rochester, Minnesota, and Repealing Ordinance No. 3355 was given a second reading. Councilmembers Hanson moved, Evans seconded, to adop the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Stobaugh seconded, to recess the meeting to 4:15 P.M. on June 24, 2002. Ayes (7), Nays (0). Motion carried. ity Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 17 — June 24, 2002 6487 1 Agenda Item A-1 B-1 D-1 D-2 D-3 F-1 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, Walter Stobaugh. Absent: David Senjem. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 406- 02 approving the revocable permit to Brandon Ford to permit a .2-foot encroachment into an alley adjacent to the property at 1211 Third Street S.E. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 407- 02 awarding the bid for Project No. 9857 (J-6391) "Traffic Signal at Intersection of CSAH 22 and CSAH 8 (Bamber Valley Road)" to Nietz Electric, Inc. for $110,500.00. Ayes (6), Nays (0). Motion carried. Councilmembers expressed their sympathy for the unexpected death of Daniel Kirchner from Accurate Electric, Inc. of Sauk Rapids, Minnesota. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 408-02 approving the settlement agreement with Larry and Gloria Flicek in the amount of $10,000 and Southernwoods LLC in the amount of $29,340 for right-of- way acquisition for Project No. J-9824 "Watermain to Serve Mainstreet Development". Ayes (6), Nays (0). Motion carried. A letter was received from Fred Schmidt requesting reconsideration on the smaller street widths adopted by the Council for Preliminary Plat #02-20 — Hundred Acre Woods — on June 17, 2002. Councilmembers Evans moved, Stobaugh seconded, to reconsider Preliminary Plat #02-20 — Hundred Acre Woods. Ayes (6), Nays (0). Motion carried. Phil Wheeler, Planning Department, said that wider streets contribute to higher speeds on roads. Narrower streets provide more pedestrian and bicycle -friendly streets. He said that wider streets will also mean that a request will probably be received in the future asking for traffic calming measures. Wishing to be heard was Cedric Schutz, Land Consultants, representing Fred Schmidt. He asked that condition #7 be removed from the conditions imposed on the plat; i.e., the reduction of the streets from the 60-foot width recommended by the Planning Commission. He said that only local traffic will be traveling in the subdivision; there are only two access points to the subdivision. Wishing to be heard was Fred Schmidt,.3200 60th Avenue S.E. He said wider streets allow for safer pedestrian, bicycle, vehicle and truck traffic. Councilmembers Evans moved, Hanson seconded, to strike condition #7 from the recommended conditions for Preliminary Plat #02-20 — Hundred Acre Woods allowing for all roads to have a 66-foot right-of-way with a paved area of 36 feet and rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6488 Recessed Meeting No. 17 — June 24, 2002 Agenda Item directed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Marcoux said that whoever represents the area will get people in the future asking for speed studies because speeding will occur on the wider width roads. Ayes (5), Nays (1). Motion carried. Councilmember Marcoux voted nay. Mayor Canfield noted a memo from Councilmember Senjem, who couldn't attend the meeting, expressing his support of the wider street widths for the subdivision. Having no further business, Councilmembers Hanson moved, Evans seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. �� City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18—July 1, 2002 6489 Agenda Item A-1 B-1 C-1 C-2 D-1-27 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. Wishing to be heard was Mike Goldsmith, 2611 22"d Street S.E., addressing the Council on concerns about the paving of a short section of 22"d Street S.E. to his driveway. The City installed sewer/water under the Water Quality Management Program during 2001. Mr. Goldsmith said that the City paved only up to his old driveway and not to the west end of his property to where he moved his driveway. He felt that it was the responsibility of the City to pave the remainder of the road to his new driveway.: The City will be annexing him within a five-year period. In answer to a question from President Hunziker, he said that the road is currently under the jurisdiction of Marion Township. He asked that the City Council pave the remainder of the road to his new driveway. Scott Jensen was to speak on a concept he has for a youth entertainment complex. Mr. Jensen was unable to make the meeting. Councilmembers McConnell moved, Stobaugh seconded, to approve the following consent agenda items: Approved the minutes of the June 17 and June 24, 2002, Council meetings. Approved the compensation for the City Administrator for a salary of $114,288 (capped due to current State compensation), 80 hours of compensatory time in lieu of compensation increases for 2001 and 2002 and increase of life insurance coverage from $228,576 to $250,000. Adopted Resolution No. 409-02 authorizing the execution of a contract with Dunlap & Seeger for the services of Sandy Keith for state legislative objectives for the period of June 15, 2002 through September 15, 2002, at a cost of $13,500.00. Approved the amendment to Chapter 120 of the Code of Ordinances to allow mobile home owners who do not have titles to their homes to sign affidavits allowing transfer of ownership and the ability to receive relocation payment, and instructed the City Attorney to prepare the required ordinance for adoption. Approved the installation of a 40-foot driveway on to Second Street S.W. for Fire Station No. 3. D-6 Adopted Resolution No. 410-02 accepting the release of the easterly and westerly five feet of TH63 between Fourth Street South and Center Street from MnDot to allow encroachment of the right-of-way for footings for the Broadway Plaza building. D-7 Adopted Resolution No. 411-02 approving a contract with Weis Builders for Project No. J-6977 "Interior Renovations of the Restaurant, gift shop, arcade and security checkpoint at the Rochester International Airport" at a cost of $49,000.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . CITY OF ROCHESTER, MINNESOTA 6490 Regular Meeting No. 18 — July 1, 2002 Agenda Item W D-10 D-11 D-12 D-13 D-14 D-15 Approved the following licenses and miscellaneous activities: Beer -Temporary On -Sale 3.2% Olmsted County Fair — July 29 to August 4, 2002 Firework Sales Rochester Assembly of God Church at Wal-Mart Parking Lot (prior approvals — Hunziker, Evans, Senjem, Hanson) Gambling Church of the Resurrection — Raffle —August 11, 2002 Sewer and Drain Installation Kevin Monson DBA Riverside Sand & Gravel, Oronoco Sound Amplification Permit Olmsted County Fair — July 29 to August 4, 2002 Chickens James Wood, 1328 43`d Street N.W. Miscellaneous Street Use Rochester Jaycees — 4th of July Kiddie Parade — July 4, 2002 Approved Accounts payable to $2,499,567.62 and Investment purchases of $14,069,382.08. Adopted Resolution No. 412-02 approving the purchase of a 2002 Case 850H Crawler Dozer from St. Joseph Equipment for $87,542 plus sales tax minus one month's rent of $7,200.00 ordered off the State Contract. Approved an amendment of the 2001 Airport and Park & Recreation Fund budgets as follows: Airport - $142,958.00 and Park Department - $204,000.00. Adopted Resolution No. 413-02 adding LeggMason, Inc. to the approved list of investment brokerage firms for the City of Rochester to provide investment products. Approved the temporary appointment of Fire Captain Minard Petersen to the position of Assistant Chief and Firefighter Brennan Kelly to the position of Fire Captain for the Rochester Fire Department. Adopted Resolution No. 414-02 approving the Wetland Delineation and Replacement Plan for Ridgeview Manor 2"d Adopted Resolution No. 415-02 approving the Wetland Delineation and Replacement Plan for West Park Development. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 6491 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 Adopted Resolution No. 416-02 approving the Wetland Delineation and Replacement Plan for Northern Valley Drive and Rocky Creek Drive N.E. Adopted Resolution No. 417-02 approving the contract with the Multiple Jurisdiction Network Organization (MJNO) for the Rochester Police Department. Adopted Resolution No. 418-02 awarding the contract for Project No. 6303-2-95 (J- 2245) "Concrete Rehab on Avenue S.E. from 4th Street S.E. to 12th Street S.E." to Elcor Construction for $1,565,412.50. Adopted Resolution No. 419-02 adding Paragraph (1.2) to Section J "Passenger and Commodity Loading Zones" of the Comprehensive Parking & Traffic Resolution Book to read: (1.2) West Center Street, on the north side of the street, 40 feet more or less west of the alley; from 6:00 am to 10:00 pm, Monday through Saturday (15 minute limit). Adopted Resolution No. 420-02 adding Paragraph (12.5) to Section J "Passenger and Commodity Loading Zones" of the Comprehensive Parking & Traffic Resolution Book to read: (12.5) 61h Avenue SW, on the west side of the street, 100 feet more or less in front of the premise known as 211 6th Avenue SW; from 8:00 am to 6:00 pm, Monday through Saturday (15 minute limit). Adopted Resolution No. 421-02 authorizing payment to the Stegmans in the amount of $8,000.00 for acquisition settlement for Project No. J-9676 "Sanitary Sewer Trunkline Construction West of Highway 63 South to 181h Avenue". Adopted Resolution No. 422-02 accepting voluntary participation in the Regional Storm Water Management Plan for the Kelly Dental Clinic. Adopted Resolution No. 423-02 awarding the bid to Rochester Sand & Gravel for Project No. 6202-3-03 (J-9851) "Resurface 2nd Street SW from 14th Avenue to 11th Avenue SW", Project No. 6110-00 (J-9615) "Resurface Elton Hills Drive N.W. from Highway 52 to Highway 63", Project No. 6316-4/3-0 (J-9711) "Resurface 16th Avenue S.W./N.W. from 2nd Street S.W. to Civic Center Drive" in the amount of $466,904.25. Adopted Resolution No. 424-02 approving an Engineering Survey Service Agreement with McGhie & Betts, Inc. for Project No. J-9708 "Overland Drive from Bandel Road NW to 18th Avenue NW" at a cost not to exceed $13,500.00. D-25 Adopted Resolution No. 425-02 approving an Engineering Survey Service Agreement with McGhie & Betts, Inc. for Project No. J-7702 "Extend Sanitary Sewer Service to Sanitary Sewer Service Area 28X at a cost not to exceed $15, 520.00. 6492 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 Agenda Item N D-27 E-1 Adopted the following Public Utility resolutions: Resolution No. 426-02 approving Change Order 1 to the Cascade Creek Combustion Turbine Agreement (Contract 6) with NewMech Companies, Inc. for a increase of $313,136.00. Resolution No. 427-02 approving Change Order 1 to the Cascade Creek Combustion Turbine Agreement (Contract 7) with Premier Electric Companies, Inc. for an increase of $256,348.00. Adopted Resolution No. 427A-02 authorizing the City Clerk to advertise for bids for the replacement of an engine generator at the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Issuance of Revenue Bonds of Approximately $210,000,000 on Behalf of the Mayo Foundation. Wishing to be heard was Rick Haeflinger, 1955 Summit Drive N.E., speaking on behalf of the Mayo Foundation. He wished to thank the City for allowing the Mayo Foundation to use their issuing authority for the bonding. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 428- 02 approving the Issuance of Revenue Bonds of Approximately $210,000,000 on Behalf of the Mayo Foundation. Ayes (7), Nays (0). Motion carried. The employment relationship of Councilmembers Senjem and Stobaugh was E-2 A Hearing on Type III, Phase II Restricted Development Preliminary Plan #02-20 Olmsted Count to construct a work release facility on property located along the south side of 4` Street SE and along the east side of 1st Avenue SE. Wishing to be heard was Bill Meschke, TSP Architects. He noted the County's agreement with the six conditions. In answer to a question from Councilmembers, Mr. Meschke said that parking would not be a problem for the facility. The majority of the people at the work release facility would be picked up in the morning and returned in the evening by some other individual. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 429-02 approving the Restricted Development Preliminary Plan #02-20 by Olmsted County with six conditions and waiving the Final Plan. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 6493 1 11 Agenda Item E-3 E-4 E-5 A Hearing on Type III, Phase II Incentive Development Preliminary Plan #02-19 by Bowman Tool to permit an addition to the existing building located at 130 Valleyhigh Drive NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 430-02 approving Incentive Development Preliminary Plan #02-19 by Bowman Tool with six conditions and waiving the Final Plan. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #02-06 by Ratzloff-Bigelow to rezone from R-1 to R-2 property located south of Pinewood Road SE, west of 22"d Avenue SE and east of 21 st Avenue SE and 20th Avenue SE. The applicant requested that the item be continued. No one wished to be heard at this time. Councilmembers Hanson moved, Evans seconded, to continue the hearing on Zoning District Amendment #02-06 by Ratzloff-Bigelow to July 15, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #182 by Ratzloff-Bigelow located south of Pinewood Road SE, west of 22"d Avenue SE and east of 21" Avenue SE and 20th Avenue SE. The applicant requested that the item be continued. No one wished to be heard at this time. Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on General Development Plan #182 by Ratzloff-Bigelow to July 15, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-22 by Platinum Development Group to be known as Folwell Ridge Second Subdivision located east of 23rd Avenue SW, west of Folwell West Third Subdivision and the Wing House and allows for continuation of 21st Avenue SW. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. Mr. DuMond said that they were in agreement with the first six conditions but asked that condition #7 be removed. Condition #7 would mean that two drainage ditches would be running parallel coming into the pond, which is not necessary. The regional pond, which has not yet been constructed, is needed to alleviate drainage problems downstream between Fifth Street and Second Street. He said that it was his understanding that Public Works has received permission to grade on one of the lots to help the drainage. The upstream areas will not benefit from the pond. RECORD 'OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6494 Regular Meeting No. 18 — July 1, 2002 Agenda Item Richard Freese, Public Works Director, said that the applicant has not yet submitted a grading plan. If the applicant is not proposing to increase the stormwater runoff, then it may be possible to look at the elimination of condition #7. If the runoff were increased, the need for the second ditch would be looked at, as a part of the grading plan application but to date there is no information on the lots as to the flow or impact of the drainage. It is not possible at this time to make the judgment as to the need for an additional drainage ditch but something that will be considered as the grading plan is reviewed. Mr. Freese said that he did not think that condition #7 was necessary as a requirement and that Public Works will look at it regardless of the drainage issue as a condition. Councilmember Marcoux said that in talking with residents of the area and talking with them about the water problems, it will be critical that Public Works looks at the drainage of the area very critically. Wishing to be heard was Eline Knutson, 802 23`d Avenue S.W. He asked why should the homeowners along 23`d Avenue SW have water on their side? The Planning Commission suggested a berm or something else that would control the runoff. This suggestion should be followed. He said that his property is not affected as this time but the next phase will affect him. Wishing to be heard was Delores Knutson, 802 23`d Avenue S.W. She noted that they live on 3.5 acres. A ravine runs down from Baihly Heights; water from the storm sewers in Baihly Heights run down the ravine. A couple of years ago when the rains were heavy, the runoff of water was 30 feet wide in the ravine. That is what will flow into the pond. It is important that the upper end of the ravine be studied. When development occurs at the top of the hill, all of the erosion is down the ravine into the pond. Wishing to be heard was Kim Klampe, 610 23`d Avenue S.W. He is in part of Phase I of the project. The creek is becoming wider and wider. Upstream problems need to be looked at and solved. Mr. Klampe said he lives on a corner lot and gets runoff from Fox Croft and Baihly Heights subdivisions. Richard Freese, Public Works Director, said that the last three speakers have spoken to an issue independent of the plat being considered. Those problems need to be addressed separately. The pond has been designed to serve the upstream drainage. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Evans seconded, to approve Preliminary Plat #02- 22 by Platinum Development Group to be known as Folwell Ridge Second Subdivision with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Wishing to be heard was Emil Knutson, 802 23`d Avenue S.W. He asked if the four lots on the west side of the development will remain. Brent Svenby, Planning Department, said that there would be no lots adjacent to 23`d Avenue S.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 6495 Agenda Item E-7 E-8 Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-25 by Arcon Development to be known as Forest Knoll Subdivision located along the west side of St. Bridget's Road SE, east of TH63 and south of 481h Street SE. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. Mr. DuMond said that a number of the 17 conditions have already been addressed and they are in agreement with all 17. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approving Preliminary Plat #02-25 by Arcon Development to be known as Forest Knoll Subdivision with 17 conditions, the Land Subdivision Permit of up to three years, adopting Resolution No. 431-02 approving the Substantial Land Alteration, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #02-26 to be known as Century Hills Townhomes Fourth Subdivision located east of Century Hills Drive and south of Viola Road NE. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted their agreement with the first three conditions and suggested the following amendment to condition #4: "In the event 215t Street is not constructed within the Shannon Oaks property within one year of the completion of the public improvements of the Century Hill Development, Owner agrees to provide and construct the necessary temporary easements for a temporary turn around". Wishing to be heard was Lyle Solem, 1221 201h Street N.W. Mr. Solem said that over two years ago he and his family identified a location that they wanted to move into; it has not yet been built. The development was approved but the timeframe ran out for the applicant. Now, the developer must go through another preliminary plan, through the Planning Commission, and back again before the Council. He said that the development was approved in September of 2000; it is a waste of staff time to redo the development approvals. Having no one further wishing to be heard, President Hunziker closed the hearing. Brent Svenby, Planning Department, said that the ordinance allows only two years on a preliminary plat; the applicant has not yet filed a final plan. Councilmembers Hanson moved, Evans seconded, to approve Land Subdivision Permit #02-26 to be known as Century Hills Townhomes Fourth Subdivision with four conditions, the fourth condition as amended by Wade DuMond, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6496 Regular Meeting No. 18 — July 1, 2002 Agenda Item E-9 E-10 A Hearing on Final Plat #02-04 by Freedom Development to be known as Rolling Ridge (formerly Ridge View Estates) located east of Valley Side Estates Subdivision and 40th Avenue SE and south of TH14. Wishing to be heard was Connie Smith, 4214 Eastwood Road S.E. Ms. Smith said that she has spoken with Public Works staff and has tried to contact Dave Bell of Freedom Development. She has not received a response from Mr. Bell in two months regarding the water runoff and the problems that they are having. The recent rains have caused the stormwater pond to fill; it has been cleaned but continually fills up and spills over and flows across their property. Crops are again damaged. Eastwood Road has not yet been worked on. The road was graded prior to the last meeting. She would like to know when the road will be taken care of; a bus could not get through because they are working on roads. Children are or bicycles; trucks don't stop at the corner. The road is a half -lane road that is getting increased amounts of traffic. She asked that the problems be resolved. Mike Nigbur, Public Works Department, said that the developer has secured an easement for a pond at a location between the development and the south proper to control additional water runoff for his development along with grading to control the drainage. The work is not completed as of yet. The roadway is currently serving as a temporary secondary access to serve the Valley Side Estates area. The road is half platted in the City and half platted in the township. The drainage pond and ditch is the developer's responsibility to maintain. Richard Freese, Public Works Director, stated that Marion Township had reviewed the matter of the second pond to be built in the Township and the Township deferred any responsibility to the City; in a letter from their attorney, they noted that they have no review authority. The developer received approval for the construction of the pond only two weeks ago. Wishing to be heard was Jim Baier, Supervisor for Marion Township, 2620 Brookwood Court S.E., Eyota. He said that Marion Township did grade the road this spring and put crushed rock on it. Mr. Bell does have an agreement to upgradE the road and remove part of the hill as it approaches the stop sign. He suggested that Peregrine Drive (the road from the City subdivision to the township road) be closed to eliminate the extra traffic until this portion of Eastwood Road is upgraded. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to reopen the hearing. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to continue to July 15, 2002 the hearing on Final Plat #02-04 by Freedom Development to be known as Rolling Ridge. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-12 by IBM Mid -America EFCU to be known as Think Plaza located along the east side of West Circle Drive, west of the Lincolnshire Subdivisions and north of the Douglas Trail. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 6497 1 Agenda Item E-11 E-12 E-13 E-14 Wishing to be heard was Mark Nelson, United Properties, Bloomington, Minnesota on behalf of the IBM Credit Union. He noted agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 433-02 approving Final Plat #02-04 by Freedom Development to be known as Rolling Ridge with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-32 to be known as Circle 19 Plaza First Replat, by Hartman Farms, Inc. located along the east side of Superior Drive NW and East Circle Drive and north of 19th Street NW. Wishing to be heard was Clay Hartman, Windom, Minnesota, representing Hartman Farms. He was in agreement with the conditions for the plat. He noted that the city/owner contract previously received by them had been lost; it will be submitted to the Public Works Department for processing. Having no one further wishing to be heard, President Hunziker closed the hearing. Mike Nigbur, Public Works Department, noted that the Plat cannot be recorded until the City/Owner Contract has been received and approved by the City. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 434-02 approving Final Plat #02-32 to be known as Circle 19 Plaza First Replat, by Hartman Farms, Inc. with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Utility Vacation Petition #02-06 by Schaeffer Academy to vacate part of a utility easement located at the northerly end of Schaffer Lane NE included in Lot 3, Block 1, Providence Addition. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 435-02 approving Utility Vacation Petition #02-06 by Schaeffer Academy with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #02-15 by the Verna Badger Trust to annex land located north of Valleyhigh Road between West Circle Drive and 50'h Avenue NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Annexation Petition #02-15 by the Verna Badger Trust and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Text Amendment #02-05, initiated by the City Planning & Zoning Commission to amend Section 62.1001 of the City of Rochester Zoning Ordinance RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6498 Regular Meeting No. 18 — July 1, 2002 Agenda Item E-15 E-16 F-1 F-2 F-3 and Land Development Manual to clarify the list and areas of Public Waters that a exempt from some or all of the shoreland rules. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Text Amendment #02-05, initiated by the City Planning & Zoning Commission and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on the Extension of Residential Permit Parking Zone #6 (Edison Neighborhood) on the south side of the 600 block of 4th Street S.W. Wishing to be heard was Ted Winkler, Chairperson of the High Point Condominium, 600 Fourth Street S.W. He noted that the residents of High Point are in favor of the parking permit zone if it does not interfere with the cutout on the end of the block fol service vehicles. Dave Rossman, Transportation Director, said that the cutout for the service vehicles would not be interfered with. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 436-02 approving Extension of Residential Permit Parking Zone #6 (Edison Neighborhood) on the south side of the 600 block of 41h Street S.W. Ayes (7), Nays (0). Motion carried. A Continued Hearing Presented by the Minnesota Department of Transportation on the Approval of the TH52 North/75th Street N.W. Layout Plan. Councilmembers moved, seconded, to continue the hearing presentation by the Minnesota Department of Transportation on the Approval of the TH52 North/751h Street N.W. Layout Plan to the July 15, 2002, Council meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt the Findings of Fact, Conclusions of Law, and Order reversing the Zoning Board of Appeals decision and granting the request from Patrick Carr Request for Three Variances on his property at 623 Fourth Street S.E. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 437-02 approving the City/Owner Contract with Leslie Lurken and Elcor Construction for Project No. J-5014 "Basic Construction in North Park Twelfth". Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to remove from the table the presentation from the Minnesota Department of Transportation on the Approval of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 — July 1, 2002 6499 1 Agenda Item G-2a G-2b G-2c G-3a G-3b G-3c the TH63 South Layout Plan and continue to the July 15, 2002, Council meeting. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 120.08 of the Rochester Code of Ordinances, Relating to the Disposal of Manufactured Homes, was given a first reading. Councilmembers Marcoux moved, Senjem 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, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 39.74 Acres of Land Located in the East Half of the East Half of the Northwest Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was ggiven a first reading. (North of Valleyhigh Road, Between West Circle Drive and 50` Avenue N.W. — Annexation Petition #02-15) An Ordinance Amending and Reenacting Subdivision 5 of Section 62.1001 of the Rochester Code of Ordinances, Relating to the Jurisdiction of the Shoreland District, was given a first reading. (Text Amendment #02-05) An Ordinance Annexing to the City of Rochester Approximately 1.5 Acres of Land Located in a Part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota. (South of Pinewood Road SE, West of 22"d Avenue SE) (Annexation Petition #02-13) The Ordinance was withdrawn to be presented to the Council on July 15, 2002, for second reading. An Ordinance Amending and Reenacting Section 60.505 of the Rochester Code of Ordinances, Relating to the Timely Submission of Development Permit Applications, was given a reading. Councilmembers Hanson moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Text Amendment #02-03) An Ordinance Creating and Enacting Chapter 64J, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the New Life Worship Center Special District, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Senjem 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 6500 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item A-1 B-1 D-1-; D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 •1 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 Stobaugh moved, Hanson seconded, to approve the following consent agenda items. Approved the minutes of the July 1, 2002, Council meeting. Approved the appointment of Richard Dale to the Police Civil Service Commission to fill the unexpired term of Robert Moore running to April 1, 2003. Approved the appointment of Chris Colby to the Rochester Public Library Board to fill the unexpired term of Paul Barton running to January 2004. Approved the appropriation of up to $75,000 from the Future Construction Account to assist in the funding of the replacement of the heating and cooling system at the Olmsted County Historical Society Building. See at end of D Items. Approved the appropriation of $1,000 from the 2002 Contingency Account for the Family Service Rochester fundraising event with the understanding that the City does not intend to participate in the fundraising efforts on an annual basis. Approved an appropriation of $5,000 from the 2002 Contingency Account to Rochester Community Technical College for the Voyageur Camp program. Adopted Resolution No. 438-02 sponsoring the Minnesota Department of Trade and Economic Development (DTED) application on behalf of the proposed JDS Uniphase project. Adopted Resolution No. 439-02 approving the use of the east Y/2 of the Zumbro Market Parking Lot on Sunday, August 3, 2002, between the hours of 6:30 P.M. and 9:30 P.M. contingent upon execution of a hold harmless agreement and the naming of the City as an additional insurance on the Downtown Holiday Inn's insurance policy for this event. Adopted Resolution No. 440-02 authorizing the City Clerk to advertise for bids for Remodeling of the West End of the Main Terminal Building at the Rochester International Airport. Adopting Resolution No. 441-02 calling for a public hearing on August 5, 2002, to revoke the Off -Sale Liquor License known as Route 52 Liquors, Wines and Ales, Inc. DBA Northwest Liquors. L D-12 I See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6501 Agenda Item D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 Adopted Resolution No. 442-02 approving the recommendation not to waive the monetary limits on municipal tort liability established by Mn. Statutes 466.04 and authorize the signing of the (League of Minnesota Cities Insurance Trust) LMCIT Liability Coverage Waiver Form for the City of Rochester policy and the Waiver Form for the South Zumbro Watershed Joint Power Board policy. Approved Accounts Payable in the amount of $5,239,547.02 and Investment Purchases of $27,592,012.76. See at end of D Items. Approved the reallocation of funds in the amount of $7,181.00 for the Police Department related to the purchase of a speed trailer. Adopted Resolution No. 443-02 approving the Library's 20-hour Library Assistant II position to be converted to a 40-hur position with the deletion of the temporary hours. Adopted Resolution No. 444-02 authorizing the execution of an Engineering Service Agreement with WHKS & Company to provide Engineering Services for Project No. M1-25 (J-9786) "Sanitary Sewer and Watermain Extension to Serve the Kahoun's Subdivision Area", Project No. M1-26 (J-9787) "Sanitary Sewer and Watermain Extension to Serve the Crystal Springs Subdivision Area", and Project No. M1-29 (J-9790) "Sanitary Sewer and Watermain Extension to Serve the Cedar Park Subdivision Area". Adopted Resolution No. 445-02 approving changes to Route 1 Direct on a demonstration basis for 180 days from the start date subject to funding as described in the Request for Council Action. Adopted Resolution No. 446-02 approving changes to Routes 3N and 12N on a demonstration basis for 180 days from the start date subject to funding as described in the Request for Council Action. Adopted Resolution No. 447-02 amending Paragraph (10) of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (10) West Center Street on the south side of the street from the west line of 51h Avenue, east a distance of 230 feet more or less, in front of the premise known as St. John's Catholic Church and Grade School. And deleting Paragraph 1 of Section C "Special Parking Zones — Zone A — General" which was the school bus loading zone. Adopted Resolution No. 448-02 amending Paragraph (43) of Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6502 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 (43) Second Avenue SW, on the west side of the street from 1" Street SW, south of the mid -block cross -walk, 15-minute limit, 6:00 AM to 6:00 PM, Monday through Friday. Adopted Resolution No. 449-02 authorizing execution of the Development Agreement with Brad and Laurie Thatcher for Lots 1, 2 and 3 of Forest Hills Fifth Subdivision. Adopt Resolution No. 451-02 authorizing execution of the Development Agreeme will Billman-Orr LLC for Lot 11 Airport Industrial Park. Adopted Resolution No. 452-02 authorizing the City Clerk to advertise for bids 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.". Adopted Resolution No. 453-02 authorizing the City Clerk to advertise for bids for Project No. SW -MOO 1 (J-2460) "Construct Hillcrest Area Regional Stormwater Pond". Adopted Resolution No. 454-02 awarding the contract for Project No. 2475 "Construct Rose Harbor Regional Stormwater Pond" to Road Constructors, Inc. in the amount of $369,554.35. Adopted Resolution No. 455-02 authorizing execution of the Development Agreement for the Think Plaza (IBM Mid America Credit Union). Adopted Resolution No.456-02 amending Paragraph (201.4) of Section B "No Parking Zones" to read: (201.4) 141h Street NE on the north side of the street from 10th Avenue to 12th Avenue, at all times. Adopted Resolution No. 457-02 approving the City/Owner Contract with Staples & Staples LLC and S & L Contracting, Inc. for Project No. J-5011 "Watermain & Hydrant to Serve the Michelin Service Center (16th Avenue and Civic Center Drive NW)„ Adopted Resolution No. 458-02 accepting voluntary participation by Boardwalk Auto in Lot 16 of Allendale Subdivision in the amount of $2,395.54. Adopted Resolution No. 459-02 approving the City/Owner Contract with DKMC Development and Road Constructors, Inc. for Project No. J-9873 "Sanitary Sewer and Watermain Between Pine Ridge Estates Fourth and Woodland Hills". Adopted Resolution No. 460-02 approving the City/Owner Contract with IBM America Employees Federal Credit Union and Fraser Construction for Project No. J-5013 "Basic Construction in Think Plaza". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6503 Agenda Item D-34 D-35 D-36 D-37 D-5 Adopted Resolution No. 461-02 authorizing payment to Amy Lechner in the amount of $2,400.00 for settlement for Right of Way Acquisition for Project No. J-2245 "Reconstruction of Third Avenue SE". Adopted Resolution No. 462-02 awarding the contract for Project No. 7503-18-99 (J-4940) "Construct Bike Trail Along Viola Road NE from 15th Avenue to trail across from Entrance to Parkwood Hills NE" to Rochester Sand & Gravel at a cost of $313,404.36. Adopted Resolution No. 463-02 approving a revocable permit to Ronald Dickie, Chester Berry Farm, to allow the placement of a produce stand with the City right- of-way between TH63 and the west Frontage Road in front of the Fleet Farm Store with two conditions. Adopted Resolution No. 464-02 setting a public hearing for August 5, 2002, to review the Castle Court Manufactured Home Closing Statement and establish reasonable requirements for the closing of the park including the provision of relocation payments to the residents by the park owner. Ayes (7), Nays (0). Motion carried. Councilmember Evans said that $400,000 was too much money to give to the Boys and Girls Club. He said that cities are being cut and it is unknown what will happen in the Legislature next year. Councilmember Evans said that the schools have the computers, gymnasiums and other facilities and should be allowing the children after school to use those facilities. Councilmember Evans moved to deny the Boys and Girls Club a contribution of $400,000. Motion failed for lack of second. Councilmember McConnell said that he could support a contribution of $200,000 maximum for the Club. He said that the City can't afford the large contribution and asked where the contributions were from the School District, the County and private contributors. Councilmember McConnell moved to approve a contribution of $200,000 to the Boys and Girls Club. Motion failed for lack of second. Mayor Canfield noted that the land for the Riverside Elementary School (to replace Holmes and Hawthorne) was bought by the School District for $500,000 from the City. This is an opportunity to move $400,000 of that money back into the community to help serve the neighborhood children. Councilmembers Senjem moved, Stobaugh seconded, to approve the contribution of $400,000 to the Boys and Girls Club capital campaign for the Holmes School facility. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6504 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item D-12 Troy Hillman, 402 Second Avenue SW, Kasson, answered questions regarding his application for a Public Transportation Franchise in the City of Rochester. He said that he had started a taxi service in Kasson two months ago with two vehicles and had an agreement with McNeilus of Dodge Center to pick up his drivers and take them to the Rochester Airport and from the Airport back to Dodge Center. He also said that he brings people to the Mayo Clinic and takes people to and from hotels it town. Mr. Hillman said that he does not want to run a taxi service in the City of Rochester. The City Clerk stated that, in his application for a public transportation franchise, Mr. Hillman referred to his operation as a taxi service. Terry Adkins, City Attorney, explained to the Council that under RCO 93, Mr. Hillman must operate a fixed route and must not allow him to operate in the City of Rochester as a taxi service. In answer to a question from Mr. Adkins, Mr. Hillman amended his application and stated he would only run a fixed route from Dodge Centerl/Kasson to the Rochester Airport. Mr. Adkins then stated that any violation of the taxicab ordinance carries with it a criminal penalty of $1000, 90 days in jail, c both. Wishing to be heard was Dan Moulton, Moulton Law Office, 976 14'h Avenue S.W. Mr. Moulton said that present were representatives from four different companies: Rochester Direct, Yellow Cab/Rochester Transportation Services, R & S Services, and Rochester Express owned by the Moulton family. He asked that the Council consider the ordinance and determine if the Hillman service is in response to a public need. The makeup of the Rochester businesses and others show that the need has been carried out. He outlined the number of cabs, buses, limousines, vans, etc. that each business owns and uses and pointed out that none of them ar( that busy. Rochester Express has ten runs between Rochester and Minneapolis each day, as well as serving truckers and others to Dodge Center. All the companies also provide charter services. Mr. Moulton said that in Rochester and the surrounding towns, there is not enough passenger count to support another business. He asked that the Council deny the application. Councilmember Marcoux moved, Stobaugh seconded, to deny the Public Transportation Franchise for Relax Y Taxi owned by Troy Hillman based on the that he is operating as a taxi service, has been operating as a taxi service in the City of Rochester and may continue to do so under a public transportation franchise. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to approve the remainder thl licenses and bonds and restrict the Malibu Mania event by the Aviary Restaurant tc an 11:00 P.M. time limit. Ayes (7), Nays (0). Motion carried. Beer — 3.2% Off -Sale Asian Food Stores, Inc., Rochester Dance — Temporary Aviary Restaurant, 4320 Highway 52 North — Annual Malibu Mania — July 26, 2002 — 8:00 PM to 12 Midnight. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6505 1 Agenda Item D-15 E-1 Gambling — Premise Permit Olmsted County Hockey Association at the Sandtrap, 1618 Highway 52 North Master Installer Brian Hain, Rochester Siam Jelinek Enterprises, Inc. DBA Arrow Sign & Awning Sound Amplification Aviary Restaurant, 4320 Highway 52 North — Annual Malibu Mania — July 26, 2002 — 8:00 PM to 12 Midnight (request to waive 11:00 PM time restriction) Angelena Kazos — wedding at Silver Lake Park & Pavilion — July 19, 2002 — 6:30 to 10:30 PM Union Local 21 — Rally for Freedom to Choose Union — Peace Plaza — July 25, 2002 —10:30 AM to 1:00 PM Good News Children's Center, Inc. — Benefit Picnic & Concert at Foster Arends Park — August 8, 2002 — 6:30 to 7:30 PM Miscellaneous City Activities Olmsted Medical Center — Stride for Fitness Walk/Run — September 21, 2002 Union Local 21 — Rally for Freedom to Choose Union — Peace Plaza — July 25, 2002 —10:30 AM to 1:00 PM Golfview Neighborhood Block Party — Lehman Lane NW — August 3, 2002 Dave McGillivrary, Springsted Financial Advisors, Minneapolis, informed the Council that sale of the Electric Utility Revenue Bonds, Series 2002A, was held on July 15, 2002. He recommended that the Council award the bonds to the lowest bidder of RBC Dain Rauscher at a 3.00% interest rate. Councilmember Senjem asked if the sale of the bonds would in any way result in an electric rate increase. Larry Koshire, Public Utilities Director, said that no rate increase is indicated. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 465-02 awarding the sale of the City's Electric Utility Revenue Bonds Series 2002A to RBC Dain Rauscher at a 3.00% interest rate. Ayes (7), Nays (0). Motion carried. A Hearing on the Appeal to the Fire Code Board of Appeals for Rental Property Egress Windows at 1900 Valley High Drive N.W. Wishing to be heard was Dave Bakken, 301 Eighth Avenue N.W. Mr. Bakken was appealing the decision of the Building Official on a Fire Code provision concerning escape windows at an apartment building he owns at 1900 Valley High Drive. Mr. Bakken said that a double -hung window has to have a clear openable height of at least 24 inches; clear openable width is at least 20 inches and clear openable area of at least 830 square inches. He said that his windows are 31.5 inches in height RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6506 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item and the width is 38.5 inches for a total of 1212 square inches. Mr. Bakken said tha he and the Director of Building and Safety, Ron Boose, have a disagreement on what constitutes a clear opening of the window. He said that under the State Fire Marshall Policy 1.3 Approved Egress Windows states: "Double hung windows with easily removable sashes (or have been made easily removable) without the use of separate tools" and "Easily removable shall be defined as able to be demonstrated by the resident or occupant within approximately 60 seconds". Mr. Bakken indicated that one of his tenants removed windows in under 30 seconds. By pullinc out the security pins, pulling the window toward you and raising one side higher than the other, the window comes easily out. The top window is identical once you lower it. He not only shows tenants how to remove the windows, he indicated that he would place the removal procedures near the window. He said according to the Fire Marshall's worksheet and policy interpretation, his windows comply with the 1998 Minnesota Uniform Fire Code. Wishing to be heard was Karen Bakken, 301 Eighth Avenue N.W., one of the owners of the property. Ms. Bakken stated that she had talked with Rich Pearson of the State Fire Marshall's Office. In listening to the tape from the Housing Board of Appeals, she noted that Mr. Boose questioned why the state policy from the Fire Marshall's Office is on the internet and the validity of the egress windows in their apartment unit. She asked Mr. Pearson what was the intent of the policy. She saic the policy states quite clearly that the purpose is "to provide for the uniform enforcement of the escape egress window requirements throughout the state in building code and non -building code areas." Mr. Pearson told her that the intent was to develop a statement of policy that would help to insure that an egress window on the iron range and one in Minneapolis and one in Rochester would havE uniform standards of the Fire Code and for clarification. Ms. Bakken also asked Mr Pearson if on the worksheet the height of the window when both sashes are removed be at least 24 inches. Mr. Pearson had answered yes. She said that based on the information that they have been given, their windows meet the Fire Code requirements. Ron Boose, Director of Building and Safety, said that the reason for disagreement and reason for appeal comes down to the interpretation of removable or net clear opening. The fire code that the Fire Marshall's Office wrote the policy on says that the windows are required "in accordance with the building code". The International Conference of Building Officials (ICBO) writes the building code. Their interpretation is more contradictory than the Fire Marshall's. It stresses that the windows are in place in case of emergency. They need to open in a hurry and by common knowledge. Their statement is that building officials can evaluate certain types of windows; and if there is no more effort required, then they could be approved. It is his and his staff's opinion that disassembling the windows on the Bakken property requires a lot more effort, knowledge and time than normal operation of opening a window. They do not see that as meeting the intent of the code. Mr. Boose said that the Fire Marshall's policy is for their department and not enforceable outside of their department and the Building and Safety policy is their department policy. 1 RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6507 Agenda Item 1 Terry Adkins, City Attorney, reminded the Council that they were to decide on the decision based on the Fire Code. He said that Section 1206.2 is the law but there is no definition of what an escape window is. The Council may rely on either the Fire Marshall's interpretation or the ICBO's interpretation of the phrase "escape window". Dave Kaplar, Fire Chief, said that several months ago there was a special committee formed by the Mayor to study egress windows. That group recommended against these windows being allowed or accepted. He said that there are some practical difficulties with the windows. The width of the windows at 20 inches is not a problem; the code also requires a clear opening of 24 inches in height. When this window is raised, there is only 12.5 inches clear. When the bottom sash is removed, there is only 15 inches clear. It is necessary to take both the bottom and top sash out which doubles the time, complexity and effort of the requirement of the code. The window cannot be removed from the outside by a firefighter. He talked with the director of the Fire Marshall's Office. The policy of the Fire Marshall's Office is just a policy that was adopted internally to help them be cause of the vast differences in windows throughout the state. It was indicated that the judgment is left to the inspectors in the field to judge what windows are acceptable or not. When a window is replaced, it should meet the current Building Code under which the windows are installed. The windows on the Bakken property did not meet the 1988 code when replaced. If you could not break out the top and bottom sashes of the window, you would not be able to get out. If these types of windows were permitted, elderly persons, young children or others would not be able to open these windows to escape. It is very problematic to vary from the strict interpretation of the code as the National Council of Building Officials has given their interpretation. Mayor Canfield noted that the Council asked him to put together a group to study the program. Most of the individuals were people who have rental housing. The group met in five separate meetings and came back with a single message that there should be a time lapse to give the people who had windows that were no longer adequate time to replace according to the new codes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem said that the interpretation of the Fire Code gives specifics for height, width and total opening size for escape egress windows while the Building Code says where windows are utilized that they be the usual double -hung horizontal sliding or casement windows operated by the turn of a crank and further says that other windows are approved if they are as easily operated and removed. Based on that information, the Building Code is far less stringent that the State Fire Marshall's Code. Councilmembers Hanson moved, McConnell seconded, to adopt the Fire Marshall's interpretation of the phrase "escape window" and to reverse the decision of the building official on the application of the Fire Code regarding escape windows at 1900 Valley High Drive. Ayes (6), Nays (1). Motion carried. President Hunziker voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6508 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item E-2 E-3 E-4 E-5 A Hearing on Community Development Block Grant Program Amendment to the 1998 and 2002 Action Plans. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve the Community Development Block Grant Program Amendment to the 1998 and 2002 Action Plans providing Southeastern Minnesota Center for Independent Living - $2,400, Rochester Civic Theatre - $3,500 and Manufactured Home Relocation Assistance - $49,875.04. Ayes (7), Nays (0). Motion carried. A Hearing on the Establishment of Development District No. 24, Tax Increment Financing District No. 24-1 and Adopting the Related Tax Increment Financing Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 466-02 approving the Development District #24 and Tax Increment Financing District Plan #24-1. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation Petition #02-16 by Victor Scott to annex land located north of 65th Street NW and along the east side of TH52. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Annexation Petition #02-16 by Victor Scott and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on A Proposed Business Subsidy for JDS Uniphase Corporation of Approximately $304,920.00. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 467-02 approving the Business Subsidy for JDS Uniphase Corporation of Approximately $304,920.00. Discussion. Councilmember McConnell questioned whether JDS Uniphase Corporation should be receiving subsidiaries. Subsidiaries should be paid out to the smaller companies rather than the large corporations. Terry Spaeth, Administration, stated that all of the businesses in Technology Park, with the exception of the Mayo Foundation for their warehouse, have received Tax Increment Financing (TIF) assistance. Businesses have incentive to come to Rochester with the TIF dollars available and provide jobs for Rochester and area citizens. RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6509 1 Agenda Item E-6 E-7 Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-03 by Leslie A. Lurken to be known as North Park Twelfth Subdivision located north of Villa Road NW, West of North Park 111h Subdivision and Orchard Ridge Subdivision, East of North Park 101h Subdivision. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She noted agreement with the six conditions. Councilmember McConnell said that there have been complaints on the developer not finishing the residential grading for other projects. What will make him comply on this project? Richard Freese, Public Works Director, said that the developer had to answer to the Minnesota Pollution Control Agency on a prior non-compliance issue. The City has required a performance bond for the grading activities. Mr. Freese also said that the temporary sediment pond must be kept in place until the entire plat is completed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 468-02 approving Final Plat #02-03 by Leslie A. Lurken to be known as North Park Twelfth Subdivision with sixth conditions noting that if there is a conflict between the six conditions and the approved grading plan, the plat conditions shall prevail. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Zoning District Amendment #02-06 by Ratzloff-Bigelow to rezone from R-1 to R-2 property located south of Pinewood Road SE, west of 22nd Avenue SE and east of 215t Avenue SE and 20th Avenue SE. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., developer. The density intended on either R-1X or R-2 are well below the limits allowed by ordinance. There are duplex -style townhomes scattered throughout the subdivision. Those people have control over the lots. They can have gardens, patios, trees, etc. The four -unit townhomes are one particular lot governed by the association of which the single-family homeowners can also belong if they desire. There are four single-family home lots adjacent to South Park Second that will provide the buffer for the townhomes. Soil conditions only allow for townhomes rather than single-family homes on the property; rock is close to the surface. Single-family homes on slabs haven't been considered as they have a very low market. The single-family homes should be completed in one year and the townhomes in three to five years. The eastern 1.4 acres of land has been acquired by a quit claim deed from the sellers. Wishing to be heard was Jon Seberg, 2439 23rd Avenue S.E. Mr. Seberg was concerned about the density of the housing; a lot of area that will cause increased stormwater runoff. The increased traffic load was a concern as well. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6510 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item E-8 Mitzi Baker, Planning Department, said that the change in density from R-1 to R-2 from approximately 75-80 units to approximately 139 units. She restated that Mr. Ratzloff's concern on the zone change is not with the density but because of the soil conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to approve Zoning District Amendment #02-06 by Ratzloff-Bigelow and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Continued Hearing on General Development Plan #182 by Ratzloff-Bigelow located south of Pinewood Road SE, west of 22"d Avenue SE and east of 21 st Avenue SE and 20th Avenue SE. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W. Mr. Ratzloff agreed to the six conditions. He noted that they have bought another property to the east to give another access to the development. It will also allow for the loopi of the water and bring the sewer through the property. At the neighborhood meeting, many people were concerned about the traffic coming into 20th Avenue S.E. Forty-nine units can be built before second access is required. The construction access will be brought from the north on a temporary road extending from 22"d Avenue and can be used if the south access is not available. Wishing to be heard was Steven Bailey, 2504 22"d Avenue S.E. Mr. Bailey said that he is not in favor of the temporary access road to the north. The roadway is feet wide with no pedestrian walkways; the road is also a bus route. A haul route along the road would not be reasonable. Wishing to be heard was Gerry Kittleson, 2510 22"d Avenue S.E. Mr. Kittleson said that he is 100% against the temporary access road. He said that the Schoenfelder Addition (where Mr. Kittleson lives) should not be involved in this project at all. There is no stormwater retention pond planned. There is a draw at the top of the hill and the existing house on 22"d Avenue has water running through the lawn two feet deep at times. The increase of the roofs and blacktop will only increase the stormwater runoff problem. Jon Steberg, 2439 23rd Avenue S.E. Mr. Steberg said that a temporary access road will be in the back of his property. If used as a construction haul road, he would have a lot of dust. He has no problems with sewer and water along the 1 but not used as a road, besides the dust, headlight will be shinning into his bedroom. The road is extremely narrow for cars and trucks traveling on it. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hansen noted that the secondary access would be a big problem. There is no problem with the City sewer and water being installed along that route. The road would be too steep and won't work. He recommended that the temporary access road be removed from the project and in the interim the developer and the J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6 511 Agenda Item E-9 City work with the Schoenfelders to access the project through the Quinstar Development. Mitzi Baker, Planning Department, noted that Condition #3 needs to be amended to read: "Access to the east must be eliminated from the General Development Plan. This development will need to be phased to limit the average daily trips (ADT) on existing roads until additional access is constructed (i.e. through the Quinstar property to the south). It appears as though this development will need to be phased such that it does not generate more than 370 ADT prior to construction of additional access." Councilmembers Hanson moved, Senjem seconded, to approve General Development Plan #182 by Ratzloff-Bigelow with seven conditions and amending Condition #3 and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Final Plat #02-04 by Freedom Development to be known as Rolling Ridge (formerly Ridge View Estates) located east of Valley Side Estates subdivision and 401h Avenue SE and south of TH14. Wishing to be heard was Dave Bell, Freedom Development, developers of the project. Mr. Bell stated that they were in agreement with the three conditions. He has talked with Marion Township and some of the residents about the new stormwater pond and the upgrading of Eastwood Road. The road will be upgraded as a part of the development agreement. Wishing to be head was Connie Smith, 4214 Eastwood Road S.E. She said that they have spoken tonight with Mr. Bell but still have some concerns regarding the pond. She asked if the location of the pond could be checked as the elevation seems to be the same elevation as the road. There is a watershed of 98 acres; where is all the water coming from? Eastwood Road is considered a sub -standard road by City code for the angle and width. Richard Freese, Public Works Director, asked that the approval for the final plat be given with the stipulation that the grading plans must be approved by the City prior to recording of the final plat. Mike Nigbur, Public Works Department, said that the Eastwood Road will be improved by Mr. Bell along his property to make it passable as a secondary egress and access. There are long-term corrective solutions needed to Eastwood Road and 40th Avenue. He said that the City can talk to Olmsted County about additional signage on the intersection of Eastwood and 401h Avenue to help in slowing down traffic. Wishing to be heard was Jim Baier, Marion Township Supervisor, Mr. Baier said that there are three different road authorities for the Eastwood Road/40th Avenue S.E. area. He asked for any help that could be given by the City to address the intersection at 40th Avenue and Eastwood Road. 6512 RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item E-10 E-11 Wishing to be heard was Dave Bell, Freedom Development. He said that County Road 144, alterations to the road, have had plans changed three times with the County. He said that he is also under the understanding that the grading has been approved by the City for the pond area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 469-( approving Final Plat #02-04 by Freedom Development to be known as Rolling Ridge with four conditions conditioned that recording of the plat cannot occur until the grading issues regarding the stormwater detention pond are resolved to the satisfaction of the Public Works Department. Ayes (7), Nays (0). Motion carried. A Hearing on the Amendment to the Fox Hill/Cook-Thompson General Development Plan #114 by John Klopp to be known as Fox Hill. Staff recommended that the item be continued to the August 5, 2002, meeting. No one wished to be heard at this time. Councilmembers Hanson moved, Stobaugh seconded, to continue the hearing on Amendment to the Fox Hill/Cook-Thompson General Development Plan #114 by John Klopp to be known as Fox Hill to the August 5, 2002, meeting. Ayes (7), Na) (0). Motion carried. A Hearing on an Amendment to the Fox Knob Special District to expand the District north of Fox Valley Drive. Staff recommended that the item be continued to the August 5, 2002, meeting. No one wished to be heard at this time. Councilmembers Hanson moved, Evans seconded, to continue the hearing on an Amendment to the Fox Knob Special District to expand the District north of Fox Valley Drive to the August 5, 2002, meeting. Ayes (7), Nays (0). Motion carried. E-12 A Hearing on Zoning District Amendment #02-07 by Hoglan Builders to rezone Ian from the R-1 to the R-1X located along the south side of Sheffield Lane SE, along the west side of Strathmore Lane SE and east of Victory Baptist Church. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning District Amendment #02-07 by Hoglan Builders and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6 513 1 Agenda Item E-13 E-14 E-15 E-16 A Hearing on General Development Plan #183 by Hoglan Builders to be known as Westview Townhomes located along the west side of Strathmore Lane SE and east of Victory Baptist Church. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve General Development Plan #183 by Hoglan Builders to be known as Westview Townhomes with four conditions and instructed the City to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-28 by Denny Peterson to be known as Pine Ridge Estates Fifth Subdivision located east and north of Ponderosa Drive SW. Wishing to be heard was Bill Anderson, Yaggy-Colby Associates, representing the developer. He noted agreement with the ten conditions. Terry Adkins, City Attorney, asked that condition #8 be amended to include "...in compliance with any applicable state and/or federal noise...." Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution 470-02 approving Preliminary Plat #02-28 by Denny Peterson to be known as Pine Ridge Estates Fifth Subdivision with ten conditions, amending condition #8 as stated by the City Attorney, approving the Substantial Land Alteration Permit, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Hanson asked why the noise abatement regulation is a condition for the developer and not the home builders. Richard Freese, Public Works Director, stated that the condition is a part of the development agreement and is binding on the owners of the properties and not the developer. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-26 to be known as Century Hills Townhomes Fourth Subdivision CIC No. 199 located east of Century Hills Drive, south of Viola Road. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 471- 02 approving Final Plat #02-26 to be known as Century Hills Townhomes Fourth Subdivision CIC No. 199 with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-34 by Kevin Sternberg to be known as Stonehedge Townhomes CIC No. 202 located north of East Circle Drive and along the West Side of Stonehedge Drive N.E. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 514 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item E-17 E-18 F-1 F-2 F-3 Councilmembers Evans moved, Hanson seconded, to adopt Resolution No. 472-0'e approving Final Plat #02-34 by Kevin Sternberg to be known as Stonehedge Townhomes CIC No. 202 with three conditions. Ayes (7), Nays (0). Motion carried A Continued Hearing Presented by the Minnesota Department of Transportation the Approval of the TH52 Layout Plan. Wishing to be heard was John Chiglo, Project Manager, MnDot. Mr. Chiglo said that all additional costs associated with the four -lane road and bridge versus the two-lane option for 65th Street N.W. and Bandel Road N.W. would be the responsibility of the City. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, asked that a third action is needed as follows: Adopt a resolution supporting the extension of the date for the receipt of the TH52 Design Build Proposals, in response to the City's specific request for the full build four -lane roadway and bridge sections for 65th Street N.W. and Bandel Road N.W. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 473- 02 approving the Final TH52 North/75th Street N.W. Geometric Layout Plan (Option 2), intent to enter into a Municipal Cost Share Agreement with MnDot, and supporting the request for the full build four -lane roadway and bridge. Ayes (7), Nays (0). Motion carried. A Continued Hearing Presented by the Minnesota Department of Transportation the Approval of the TH63 Layout Plan. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 474-02 approving the Final TH63 North/75th Street N.W. Geometric Layout Plan (Stage 1), and intent to enter into a Municipal Cost Share Agreement with MnDot for Stage 1 of the Project. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 475-02 approving the execution of the Development Agreement and Purchase Agreement between the City of Rochester and JDS Uniphase Corporation. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 476-02 approving the Development Assistance Agreement with DeWitz Construction, Inc. for the Manorwood Lakes 6th Subdivision (#24-1_ Tax Increment Financing project. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 477- 02 making a negative declaration on the need for an Environmental Impact Statement for the Kingsbury Hills development. Ayes (7), Nays (0). Motion carried 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 19 — July 15, 2002 6 515 Agenda Item G-2a G-2b G-2c G-3a 1 G-3b G-3c G-3d 11 An Ordinance Annexing to the City of Rochester Approximately 59.93 Acres of Land Located in a Part of the Northwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North of 65th Street NW, East side of Highway 52 — Annexation Petition #02-16) An Ordinance Rezoning Certain Property from the R-1 Zoning District to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (South of Pinewood Road SE, West of 22"d Avenue SE, East of 21 st Avenue and 20th Avenue SE —Zoning District Amendment #02-06) An Ordinance Rezoning Certain Property from the R-1 Zoning District to the R-1 Zoning District to the R-1X Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (South side of Sheffield Lane SE, West side of Strathmore Lane SE, East of Victory Baptist Church — Zoning District Amendment#02-07) An Ordinance Annexing to the City of Rochester Approximately 1.5 Acres of Land Located in a Part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of Pinewood Road SE, West of 22"d Avenue SE) (Annexation Petition #02-13) An Ordinance Amending and Reenacting Section 135.08 of the Rochester Code of Ordinances, Relating to the Designation of Truck Routes, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 33.39 Acres of Land Located in a Part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Marcoux moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (West of Highway 63, East of East River Road NE — Annexation Petition #02-14) An Ordinance Amending and Reenacting Section 45B.17 of the Rochester Code of Ordinances, Relating to the Possession and Consumption of Alcoholic Beverages in Mayo Park, was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Discussion. Upon roll call vote: Councilmembers Marcoux, McConnell, Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hanson and Senjem voted nay. Ayes (4), Nays (3). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 516 Regular Adjourned Meeting No. 19 — July 15, 2002 Agenda Item Having no further business, Councilmembers Senjem moved, Hanson seconded, to recess the meeting to 4:15 PM, July 22, 2002. Ayes (7), Nays (0). Motion carried. Cii erk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 20 — July 22, 2002 6 517 1 Agenda Item D-2 D-3 No one wished to be heard during the Open Comment Period. President Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmember Dennis Hanson, Jean McConnell, David Senjem, Walter Stobaugh. Absent: Mack Evans, Marcia Marcoux Terry Spaeth, Administrator's Office, told the Council that several years ago the City entered into a joint powers agreement with the Minnesota Housing Finance Agency (MHFA) to administer the City's tax credits. Prior to the joint powers agreement, the City administered the program on its own. Once awarded tax credits are for a 15-year period of time. The MHFA guidelines are used for the process of qualification. Jeff Allman is asking the City to write a letter of support on his behalf to MHFA for revitalization of the Townhome Estates Project. To date, Mr. Allman has the only project for tax credits in the City for 2003. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 478-02 approving an amendment extending the term of the Minnesota Housing Finance Agency (MHFA) Housing Tax Credit Administration Joint Powers Agreement for 2003 and issuing a letter of support to Jeff Allman for the Townhome Estates Project. Ayes (5), Nays (2). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 479-02 approving a revocable permit on the Civic Center North Parking Lot for a three-year period for the placement of a 12' x 12' concrete pad for a liquid nitrogen tank for the Ovation Semiconductor business located on the abutting property. Ayes (5), Nays (0). Motion carried. Councilmembers asked where the collected monies for parking meters and fines is used. Staff replied that it's used in all phases of the parking program including traffic control, parking meters, ramps, signs, etc. Dave Rossman, Transportation Director, stated that the meters closer to the downtown area are of a lesser time to allow for parking by more individuals and the time increases as you move to the perimeter of the downtown area. Thirty -minute meters in the downtown area are to be increased 20 cents per hour and others between 10 and 20 cents per hour. The cost of the ten-hour meters will remain the same. Meter fines will be increased from $4.00 to $5.00. The Council was told that the last time parking rates were increased was five to six years ago. The increase in meter rates and fines will go into effect on August 1, 2002. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 480-02 amending Section II(A) and adding Section II(E) to Chapter "K" of the Comprehensive Traffic and Parking Resolution Book effective July 22, 2002 to read: 11 Hours and Rate Established and increasing the expired meter fine to $5.00 from $4.00. (See Request for Council Action on proposed surface and meter rates). Ayes (5), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6'5 $ Recessed Meeting No. 20 — July 22, 2002 Agenda Item Having no further business, Councilmembers Hanson moved, Stobaugh seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. �— City Clerk J RECORD "OF'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6 519 Agenda Item A-1 M C-1 D-1-37 D-1 D-2 D-3 D-4 LI 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 Mayor Canfield said that the "Not In Our Town Committee" has put together a pledge to help all people of all ethnic groups to cooperate and be better neighbors to each other. The pledge is called "Prejudice Isn't Welcome". He urged all citizens of Rochester to complete and return a pledge form to City Hall or any Kwik Trip Store. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 481- 02 referring the petition from Roger Carlsen and First Baptist Church for Extension of Sanitary Sewer and Watermain to Serve Sections 8 and 9, Rochester Township to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to approve the consent agenda items. Approved the minutes of the July 15 and July 22, 2002, Council meetings. Approved the appointment of Christina D. Tagging and Karen Allen to the Rochester Civic Music Board running to December 31, 2005. Adopted Resolution No. 482-02 approving the contract with the MLT Group for providing video/audio services to the City during City Council meetings and operating the equipment for playback of those meetings effective August 15, 2002. Approved the following licenses and miscellaneous activities: Circus Farrow Amusement Company at Olmsted County Fair — July 30-August 4, 2002. Gambling — Temporary Church of the Resurrection — Bingo & Raffle — November 9, 2002 Hiawatha Homes Foundation — Raffle — November 26, 2002 Zumbro Valley Medical Society — Raffle — September 28, 2002 St. Francis of Assisi Church — Raffle — October 6, 2002 Rochester Ducks Unlimited — Raffle — September 12, 2002 Gambling — Premise Permit Stewartville Junior Chamber of Commerce at Hangar Bar & Grill Sidewalks — Cement Jeremy Volkart DBA Mudd Brothers Concrete, Rochester RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6520 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item D-5 D-6 D-7 D-8 D-9 D-10 D-11 Steve Ballstadt DBA Ballstadt Masonry, Owatonna Rochester Sand & Gravel, Rochester Sound Amplification Permits First Baptist Church, 415 161h Street S.W. — Outdoor Church Service — September 8, 2002 — 8:00 AM-4:00 PM Berean Community Church, 1225 Elton Hills Drive N.W. — Outdoor Church Service —August 23, 2002 — 3:00-10:00 PM Alzheimer's Association — Walk-A-Thon — West Pavilion Silver Lake Park — September 14, 2002 — 8:00 AM-12 Noon Joe Riker, 600 33`d Street Lane N.W. — Program after Golf Tournament for Juveniles — August 10, 2002 — 6:00-11:00 PM John Hickema Group Outing — Foster Arend Park — 12 Noon-8:00 PM — Jul 27, 2002 (prior approvals: McConnell, Hanson) Hanger Bar & Grill, 7386 Airport View Drive SW — Band Night — August 22, 2002 — 9:OOPM — 12:30 AM (request waiver of 11:00 PM time period) Miscellaneous Activities Alzheimer's Association — Walk-A-Thon — West Pavilion Silver Lake Park — September 14, 2002 Rochester Track Club — Holiday Inn Half Marathon & 5K — August 17, 2002 Professional Aids Network - Walk to Benefit AIDS Victims — August 17, 2002 Todd Eggler, 4900 Block of 18 Y2 Avenue N.W. — Block Party — August 10, 2002 Approved National Night Out Activities and Sound Amplification Permits on August 6, 2002. Approved an On -Sale and Sunday Intoxicating Liquor License for Abdula Rahim Shabani DBA The American Table at 1635 Highway 52 North. Adopted Resolution No. 483-02 approving the advertising for bids for one (1) 2002 heavy duty four -post drive on, track type, above ground vehicle lift for the Public Works Department. Adopted Resolution No. 484-02 giving final approval to the issuance of revenue bonds on behalf of the Mayo Foundation to refund 1992 revenue bonds and authorizing execution of necessary documents. See at end of D Items. Adopted Resolution No. 485-02 approving Change Order No. 1 in the amount of $51,420.00 for the Fire Station No. 3 contract. Adopted Resolution No. 486-02 approving the Painter's Meet and Confer Agreement for 2002, 2003 and 2004. E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6521 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 Adopted Resolution No. 487-02 approving the Wetland Delineation and Replacement Plan for the Hundred Acre Woods Plat. Approved amending the floodway and flood plain overlay zoning districts associates with Willow Creek, located east of Broadway, north of 301h Street S.E. and south of 26th Street S.E. as identified on the FIRM Map Number 27109C0302 E dated February 4, 1998, and Revised to Reflect LOMR dated July 18, 2002, attached to the Request for Council Action and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 488-02 approving the application for and acceptance of Safe & Sober grant funds and to enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period of October 1, 2002, through September 30, 2003, with the $6000 matching funds taken from the Police Department's 2002 budget with a contingency transfer at year end if needed. See at end of D Items. Adopted Resolution Nos. 489-02, 490-02 and 491-02 receiving the feasibility report, and scheduling a project and assessment hearing for September 16, 2002, for Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 141h Street N.W. to 15th Street N.W.". Adopted Resolution No. 492-02 approving an Engineering Service Agreement with Howard R. Green Company for Project No. 6255-4-99 (J-9579) "Reconstruct 55th Street N.W. from West of 52"d Avenue N.W. to 60th Avenue N.W." in the amount of $99,000.00. Adopted Resolution No. 493-02 approving an Engineering Service Agreement with Bonestroo, Rosene, Anderlik & Associates for Project 7503-18-99 (J-4940) "Construct Bike Trail Along Viola Road NE from 151h Avenue NE to trail Across from Entrance to Parkwood Hills NE" at a cost not to exceed $26,410.00. Adopted Resolution No. 494-02 authorizing execution of the City/Owner Contract for Project No. J-5004 "Construction of Pond 'E' on Outlot 'A' in Pinewood Hills Second, including all necessary outlet structures, pipes, and concrete flume" with Quinstar LLP and Griffin Construction LLP. Adopted Resolution No. 495-02 authorizing signing of the Letter of Understanding with the League of Minnesota Cities to hire a consultant to assist with the preparation o the Phase II Storm Water Permit Guide Plan at a cost not to exceed $5,000. D-21 Adopted Resolution No. 496-02 approved the Development Agreement for the West Park Development with BS Development. D-22 Adopted Resolution No. 497-02 approved the Development Agreement for the Valley Side Development Supplemental Agreement #1 with Valley Side Estates. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6522 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 Adopted Resolution No. 498-02 amending paragraph (2.5) of Section C "Special Parking Zones" (Zone A - General) to read: (2.5) (1 stall for handicapped parking) in front of the premise known as 1124 First Street N.E. Adopted Resolution No. 499-02 authorizing a Pedestrian Facilities Agreement with Madonna Towers of Rochester, Inc. Adopted Resolution No. 500-02 approving a City/Owner Contract with Schaeffer Academy and Elcor Construction for Project No. J-5026 "Watermain Relocation & Hydrant to Serve the Schaeffer Academy Gymnasium Addition on Lots 2 & 3, Block 1, Providence Addition". Adopted Resolution No. 501-02 accepting voluntary participation by the Rochester Golf & Country Club and RC Properties in the City's Regional Storm Water Management Plan. Adopted Resolution No. 502-02 approving a Pedestrian Facilities Agreement with Rochester Golf & Country Club for part of the NW '/4 of Section 4-106N, 14 W, Olmsted County. Adopted Resolution No. 503-02 approving a Pedestrian Facilities Agreement with Richard A. Gentling & Kathy J. Gentling for Lot 7, Elmcroft Third Addition. Adopted Resolution No. 504-02 approving a Pedestrian Facilities Agreement with Wallschlaeger Administrative Properties LLC. Adopted Resolution No. 505-02 authorizing staff to retain consultants, negotiate/acquire the needed real estate at a value authorized by MnDot and authorize the use of the 90-day "Quick Take" for land acquisition associated with the Highway 52 East Frontage Road - Project J-9824. Adopted Resolution No. 506-02 authorizing staff to retain consultants, negotiate/acquire the needed real estate at a value authorized by MnDot and authorize the use of the 90-day "Quick Take" for land acquisition associated with the 23`d Avenue S.W. Road — Project No. J-9714. Adopted Resolution No. 507-02 authorizing staff to retain consultants, negotiate/acquire the needed real estate at a value authorized by MnDot and authorize the use of the 90-day "Quick Take" for land acquisition associated with the Bandel Road — Project No. J-9815. D-33 Adopted Resolution No. 508-02 approving the City/Owner Contract with Berean Fundamental Church and Fraser Construction for Project No. J-5017 "Watermain & Hydrant to Serve the Berean Community Church on Lot 2, Block 5, Badger Ridge Subdivision". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6523 1 I Agenda Item D-34 D-35 D-36 D-37 W D-15 E-1 Adopted Resolution No. 509-02 approving a contract agreement for Rochester Public Utilities with Enventis Telecom for Joint Pole Attachment License Agreement with the price based on unit pricing established by the agreement. Adopted Resolution No. 510-02 approving Change Order No.1 in the amount of $160,000.00 with Integrated Technology of Rochester for the Control System Upgrade at the Water Reclamation Plant. Adopted Resolution No. 511-02 approving a revocable permit for Rochester Development, Inc. to allow footings for Broadway Plaza to encroach into the TH63 and First Street right-of-ways upon release of the TH63 right-of-way from MnDot to the City. Adopted Resolution No. 512-02 authorizing the City Clerk to advertise for bids for Project No. J-2262 "Construct Cul-De-Sac on the South Frontage Road along TH 14 3400 Feet East of West Circle Drive N.W.". Ayes (6), Nays (0). Motion carried. Councilmember Hanson asked why there were two invoices for Colonial Lanes in the accounts payable listing. Dale Martinson, Finance Director, replied that they were in connection with the Park and Recreation Department's adaptive recreation program. Councilmembers Hanson moved, Evans seconded, to approve Accounts Payable in the amount of $14,727,791.38 and Investment Purchases of $8,507,047.02. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if the City should proceed with an orderly annexation agreement with Haverhill Township without first talking with them. He was informed that the people owning the six lots had petition for the sewer and water extension to their properties and that they had attended a Haverhill Township meeting to inform them of their decision to request annexation to the City. Councilmember Senjem moved, Marcoux seconded, to adopt Resolution No. 513- 03 referring the petition for extension of sanitary sewer to serve six lots located along Oslo Court N.E., Haverhill Township, to the Public Works Department for a feasibility study, refer the petition to the Haverhill Township Board, and negotiate an Orderly Annexation Agreement with the Haverhill Township Board. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. M1-50 S.A.P. 159-080-11 (J-9815) "Reconstruction of Bandel Road N.W. from 571h Street to 651h Street N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 514-02 approving the making of Project No. M1-50 S.A.P. 159-080-11 (J-9815) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6524 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item E-2 "Reconstruction of Bandel Road N.W. from 57th Street to 65th Street N.W.". Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Project No. M1-50 S.A.P. 159-080-11 (J-9815) "Reconstruction of Bandel Road N.W. from 571h Street to 65th Street N.W.". Wishing to be heard was Daryl Jensen, 2116 Campus Drive S.E., representing Bandel Hills Affordable Townhomes. The assessment as proposed for the Townhomes property is $15,642.72. Bandel Hills is a low-income tax -increment project which does not have an equity base built into the project to pay for any special assessments. The residents are between 40-50 percent of the area medi income. The assessment would require a rent increase between $38-$61 per month for a 13-month period. One reason the assessment is high is that the property is classified as commercial but should be changed. He asked that he might be able to work with City staff to work out a reduction of the assessment to make less of an impact to the residents. Richard Freese, Public Works Director, said that the assessment can run for a ten- year period which would make the assessment over 120 months rather than one year. There would be interest paid on the assessment as well over that period. Mike Nigbur, Public Works Department, said that multi -family units have a greater impact on the roadways and are considered commercial property in that regard. t noted that staff will look again at the assessment but it now follows the present policy. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 51 02 approving the levying of Project No. M1-50 S.A.P. 159-080-11(J-9815) "Reconstruction of Bandel Road N.W. from 571h Street to 65th Street N.W.". Ayes (6), Nays (0). Motion carried. E-3 A Hearing on Type III, Phase III Conditional Use Permit #02-27 by The City of Rochester Park and Recreation Department to place a bridge across Willow Creek and playground equipment in the floodway located south of 48th Street S.W., west of TH63 and east of 111h Avenue S.W. Wishing to be heard was Martha Kurth, 727 Southern Woods Circle S.W. She asked if the fill that was being added on the south side of 48th Street is a part of thi! project. Denny Stotz, Park and Recreation Department, said that nothing has occurred for the project other than some soil borings. What is occurring out there now must be another project. 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 — August 5, 2002 6525 1 Agenda Item E-4 E-5 E-6 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 516- 02 approving Conditional Use Permit #02-27 by The City of Rochester Park and Recreation Department. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #02-09 by Investment Holding Trust, David and Teresa Haeuszer and Lee Wurst to vacate utility easements located on parcels north of 20th Street S.E., east of 3d Avenue S.E. between the Railroad Spur track and the DM&E Railroad Right -of -Way. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted that he was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 517-02 approving Vacation Petition #02-09 by Investment Holding Trust, David and Teresa Haeuszer and Lee Wurst. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #02-17 by Salem Road Covenant Church and First Baptist Church to annex property located west of 341h Avenue S.W. and includes the north half of the right-of-way of Salem Road S.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of the applicant. He noted that he was available for questions from the Council. Wishing to be heard was Nicki Cooney, 10-85 Orchard Acres Lane S.W., adjacent to the property. She was concerned about the impact this annexation would have on Rochester Township. Ms. Cooney said she was concerned about being surrounded and eventually annexed to the City. Councilmembers assured Ms. Cooney that it would be a long time before her property was surrounded so she did not need to fear being annexed at this time. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Annexation Petition #02-17 by Salem Road Covenant Church and First Baptist Church and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on a Proposed Minnesota Department of Trade and Economic Development (DTED) Investment Fund Grant/Loan for JDSU Project. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 518-02 approving the Minnesota Department of Trade and Economic Development (DTED) Investment Fund Grant/Loan for JDSU Project. Ayes (6), Nays (0). Motion carried. r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6526 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item E-7 E-8 A Hearing to Take Testimony on the Review of the Castle Court Manufactured Home Closing Statement and Establishment of Reasonable Requirements for Closing the Park. Keith Witter, owner of Castle Court Manufactured Home Park, has requested that the Council continue the hearing to August 19, 2002. Councilmembers Marcoux moved, McConnell seconded, to continue the hearing on the Review of the Castle Court Manufactured Home Closing Statement and Establishment of Reasonable Requirements for Closing the Park to August 19, 2002. Ayes (6), Nays (0). Motion carried. A Hearing to Take Testimony on the Disorderly Use Ordinance Violations Upon Property Located at 841 Second Street N.W. Wishing to be heard was Sgt. Mike Vik, Rochester Police Department. Sgt. Vik said he was available to answer any questions that the Council may have. He said that the revocation was not about money but rather behavior and presented an opportunity for the Council to say to those individuals with rental property that self- discipline is the best discipline. Councilmember Marcoux noted that the Council has received a listing of the occurrences at 841 Second Street N.W. that were part of the disorderly use. Ron Boose, Director, Building & Safety, gave background material on the property since acquired by the current owner on September 1, 2001. The property has been registered as a duplex since 1977. The first disorderly use was March 21, 2002. An inspector was sent on a complaint investigation on March 27 for junked car and washing machine. Re -inspection on April 3 showed the washing machine had been removed. On April 8 an interior inspection was done but could not confirm a complaint of over -crowding but three interior violations of a minor nature were cited. On April 11 re -inspection showed the junked car removed. On April 12 a request for a copy of the leases was requested to determine compliance with the Disorderly Use Ordinance. The lease did not comply with the Ordinance requirements. A sample lease was mailed to the landlord. On May 14 another complaint was received for junked car and rubbish in the yard. The second disorderly use was issued on May 16. On June 4 the vehicles were removed. The third disorderly use occurred on June 27 and was responded to by the Police Department. The property does have a valid rental certificate until September 30, 2002. At the hearing before the Rental Review Board, the owner stated the unit was vacant. As of August 5, 2002, it appears on sight that the unit has been reoccupied. The property is in compliance with the housing code with the exception of the lease, which does not comply with the Disorderly Use Ordinance. Dave Goslee, Deputy City Attorney, noted, when asked why staff hadn't revoked the certificate, that RCO 38.152(8) entitles the property owner to a hearing before the Council takes action to suspend or revoke after three disorderly violations. Wishing to be heard was Sylvia Quirk, 847 First Street N.W. After the initial hearing before the Rental Review Board two weeks ago, Ms. Quirk had a conversation with LJI RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6527 Agenda Item 1 Mr. Phy. She said that Mr. Phy continued with excuses why he couldn't do background checks; i.e., too expensive to do the checks, the tenants can't find other facilities where to live. Mr. Phy told her that it was the Police Department's job to respond to calls and not his problem. When asked about the disorderly behavior and the effect on the neighborhood, Mr. Phy told Ms. Quirk that they should expect problems. Ms. Quirk said that Mr. Phy has up to eight properties with four in their neighborhood. The property at 617 Fourth Street N.W., not the subject of the hearing this evening, was the site of a near -riot and a stabbing. The neighbors in that area can't be in their own yards or walk down the sidewalk without being subjected to harassment. Mr. Phy attended the Crime -Free Housing Seminar last summer. After that he continued to rent to questionable tenants at 841 2nd Street N.W., Apt. 1, without a background check. Any background check would have shown numerous disorderlies, assaults, etc. that would have alerted a landlord not to rent to these people. A few days after the shooting, Ms. Quirk spoke with the landlord's wife and she didn't know why a background check needed to be done on the tenants. Ms. Quirk said that despite many requests, the lease language is still not in compliance with the ordinance. Ms. Quirk said that a message should be sent to all landlords again that they are responsible for their tenants. Mr. Phy should be held responsible for the impact his tenants are having and should pay a fine of three month's rent and suspension of the license for at least 60 days. Wishing to be heard was Darrell Hildebrant, Advanced Crime Prevention Specialist, Rochester Police Department. He said that it is the recommendation of the Rochester Police Department to impose at least a $500 fine or not to exceed one month's rental income and revocation of the rental certificate for Apartment #1 for a minimum of 6 months to one year. Mt. Phy has attended the Crime Free Multi - Housing class last year and knows the laws and ordinance in question. Mr. Phy has not promptly responded to the Police Department's request for a letter in writing after the second notice. When a response was received after several phone calls, it was on scrap paper. The Police Department feels that Mr. Phy knows the rental requirements, but fails to comply with the law and the disorderly use ordinance. Mr. Hildebrand said that the background checks for the landlords are free of cost to them. He said that Mr. Phy had not filed an unlawful detainer to his knowledge. Wishing to be heard was Mr. Phy Kunthary, 909 111h Street N.W. Mr. Phy said that when he became a landlord, he was confused about whether he was the one who checked references on tenants or was it the responsibility of the tenant to get the background checks and provide to Mr. Phy. He said that he had attended the Crime Free Multi -Housing Workshop last year but because of the language barrier, he did not understand everything that he needed to do. He said he works full time and tries to obey all the rules. Mr. Phy said that pieces of wood that were picked up by the City on the one premise was wood for fires. He said that he was not aware that he had to check on every person that wants to rent every time. In response to a question from Councilmember Marcoux, Mr. Phy said he has received a new lease form to be used. However, he has re -rented the apartment and did not do a background check prior to leasing. He said he is currently in the process of doing the check. He rented because he did not have the Council's decision on non -rental of the apartment. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6528 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item President Hunziker asked Mr. Phy what the rent has been in Apartment #1. Mr. Phy said that the rent is $650 per month including utilities. The apartment is a two - bedroom unit and he rents to a maximum of three people. President Hunziker asked Mr. Phy if he was in agreement that there were three violations on the people that were in there. Mr. Phy said that he agrees and he haE tried to follow on whatever the City has told him to do. He told the tenant that he could not stay if he had a dog. He told the tenants after the shooting that one more time and they would be out; one more time and the license for the apartment would be taken. He said that he did not understand that the checks were before renting. Mr. Phy said that he told the tenants that the wrecked car could not be there and hE did not know that the decking repair items could not be there. Mr. Phy said that he understood the only violations were the shooting and the dog. His tenant was not the one doing the shooting but being shot at. Wishing to be heard was Eric Boynton, Rochester Police Officer. He summarized the three disorderly violations. -March 21, 2002 — driveby shooting, disorderly conduct, obstructing the legal process. (there were ten shell casings found at the site). Officer Boynton sail that when they approached the residence, there were 20-30 people inside the residence. When asked to leave the house, they became disorderly and were removed at gun point and handcuffed. The Police were unaware of who or where the shooter was and precautions needed to be taken. -May 16, 2002 — barking dog. A dog was tied in the front yard and barking at a very late hour in the evening. The dog was owned by one of the tenants in Apartment #1 and had recently been issued a citation for barking dog, loud and excessive noise. -June 13, 2002 — barking dog. The dog was tied under the rear deck. There was also a person passed out on the front porch. There were several calls that evening about the dog. The officer woke up the person on the porch and had him put the dog inside. A citation was again issued by mail. Officer Boynton confirmed that there have been approximately 20 police calls to 1 address since March 2002. Dave Goslee, Deputy City Attorney, noted that there have been 14 separate incidents in a 3 Y2 month period. Wishing to be heard was Sothaline Penn, 4536 Conrad Drive N.W. Mr. Penn is a co-owner in the house with Mr. Phy. He was absent from the country during the time when all the incidents were happening and said he felt bad about leaving Mr. Phy with the sole responsibility. Mr. Penn agreed that mistakes were made about not checking tenants. He said, however, that it is the Police Department's responsibility to find out about the shooting, not the landlord. He asked for mercy from the Council. He said he is finding out what it is to be a landlord. Tenants leave various messes in the apartments, which have to be cleaned out, tenants leave without giving notice, etc. If the Council takes the license, he has no income He asked the Council to give them a chance to make everything right. Mayor Canfield told Mr. Penn that he did not take action as a responsible landlord to protect the community from tenants causing problems. l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6529 Agenda Item Wishing to be heard was Stephanie Kyland, 821 First Street S.W. She recalled at the hearing before the Rental Complaint Review Board that after the third disorderly use at Apartment #1, Mr. Phy did not evict the tenants but they left of their own accord. She said that it makes a difference in terms of his actions and his willingness to evict the tenants. Wishing to be heard was Jack Ramage, 623 Fourth Street N.W., near 617 Fourth Street N.W., another property of Mr. Phy's. He said that you feel powerless as a neighbor to rental property. The landlords can rent to whomever they want to, in this case, and not be held accountable for their actions. Mr. Phy failed to do a background check on any of his properties even after a hearing where he was instructed on the mechanisms to follow. He was informed of these responsibilities in August of 2001 after the near -riot at one of the properties. He has had a continued pattern of non-compliance and apathy and never been held accountable. As a neighbor, it's hard to get three disorderly uses to get to this point before the Council. The hearing is a result of a lot of work by the neighbors to hold this man responsible. Mr. Ramage said that he asked Mr. Phy to do something to clean up the complex at 617 Fourth Street N.W. and he has failed to do anything or evict the tenants. He has done nothing since the Rental Complaint Review Board hearing. Mr. Ramage said that Mr. Phy comes across as ignorant of the requirements and having a language barrier, which is not the case. He gets off work at 3:30 PM each day and can make it to the Police station to get background checks. He is an employee at Mayo Clinic and owns eight properties in Rochester. Mr. Ramage said that Mr. Phy should be punished the maximum that the law allows in this instance. Just as Mr. Phy has established a pattern for non-compliance the City needs to establish a policy for enforcement. Wishing to be heard was Mr. Phy Kunthary, 909 11`h Street N.W. He asked to respond to Mr. Ramage on the issue of 617 Fourth Street N.W. He said that the people living at this complex are very nice people. He tried to evict once but the tenant's husband could not walk and he could not evict. Mr. Kunthary said that he let them live there because they could not find another place to live. The husband has now died. This year there have been no problems at 617 Fourth Street N.W. She has promised that she will be out of her apartment within 24 hours if there are any more incidents. Wishing to be heard was Laurie Newman, 845 Second Street N.W., right next to the house at 841 Second Street N.W. She said that she could have called the Police each night since Mr. Phy purchased the property. The first time that Ms. Newman spoke to Mr. Phy's wife, she was told not to bother to call them. Other people tried that at the other place that they rent. Ms. Newman said that it was their van that was shot. She described it as a nightmare living in their home; i.e., the swearing, the cussing, the junk, the piles of stuff, and the constant of having to wonder what is going to happen when friends would come over. There has to be consequences for his actions. She has lived in her home for six years, other renters were next door prior to Mr. Phy's buying the property, but nothing like what is occurring now. Wishing to be heard was Sothaline Penn, 4536 Conrad Drive N.W. He said that people keep talking about calling the police which is the right thing to do because RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6530 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item they are a public servant. He said he usually gets calls from neighbors who don't like the tenants because they look different and sit on the grass. Can we tell peol not to sit on the grass? He tells people to call the police. Mr. Penn said that he doesn't believe that the landlords are responsible for everything that happens. President Hunziker reminded Mr. Penn that the landlords in the City of Rochester are responsible for the people that are in their rental property. It is not the police's concern to monitor the behavior of their renters. It is the landlord's responsibility to rent to people that are not causing trouble for anyone else in the neighborhood. Wishing to be heard was Mark Newman, 845 Second Street N.W. He said that he would talk with the tenants during the day but at night there was a lot of noise, screaming and hollering. He called in to the police many times but did not say it was 841 Second Street S.W. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Evans seconded, that four actions be taken: 1. The property owners fined in the amount of $650.00 equal to one month's rent. 2. The rental registration certificate for Apartment #1 at 841 Second Street S.W. shall be revoked for six months. 3. The property owners shall pay a reinstatement fee of $100.00 following the expiration of the revocation period. 4. Apartment #1 shall not be leased or occupied until the Rochester Police Department has run a criminal history/background investigation on any tenants as required by the City ordinance and a lease has been drafted and executed that meets the requirements of the ordinance. Discussion. Councilmember Senjem felt that the license should be revoked on the entire property. David Goslee, Deputy City Attorney, said that the Rental Review Board acted on only Apartment #1 and that was the hearing today. Councilmember McConnell stated that he preferred suspension of the rental certificate for a period of 60 days rather than 6 months. He believed that the cultural difference and language difference did hamper the understanding somewhat for Mr. Phy. Councilmember McConnell moved to suspend the rental certificate for a period of 60 days. Motion died for lack of second. Councilmember Senjem asked to amend the motion to require that both owners attend the next offered Crime -Free Multi -Housing Program workshop. Councilmember agreed by consensus to amend the motion. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6531 Agenda Item E-9 E-10 David Goslee, Deputy City Attorney, read the Findings of Fact, Conclusions of Law, and Order to the Council. Councilmember Senjem moved, Marcoux seconded, to adopt the Findings of Fact, Conclusions of Law, and Order. Motion carried. Ayes (6), Nays (0). Motion carried. A Continued Hearing on an Amendment to the Fox Knob Special District to expand the District north of Fox Valley Drive. Wishing to be heard was Andy Masterpole, McGhie & Betts, 1242 Second Street S.W., representing the developer. The property is located between Fox Croft and Baihley Heights. In 1993 a general development plan (GDP) was approved for the property, called the Cook -Thompson property. In 1999 the Mike Young revised and built on a portion of the GDP. In 2001 the Fox Knob Special District was approved by John Klopp and built as Fox Hill. Mr. Masterpole said that they are now asking for an amended GDP and Special District Zone Change to contain 30 lots rather than 28 lots. A Special District is being sought for the continuity that they would like to keep with the existing Fox Hill area (village scale neighborhood), narrower streets and setbacks of 16 feet for homes and 24 feet for garages. He noted agreement with the findings. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to approve Amendment to the Fox Knob Special District and instructed the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Continued Hearing on the Amendment to the Fox Hill/Cook-Thompson General Development Plan #114 by John Klopp to be known as Fox Hill. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the developer. He noted that they were in agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve the Amendment to the Fox Hill/Cook-Thompson General Development Plan #114 by John Klopp to be known as Fox Hill 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-11 A Hearing on Preliminary Plat #02-31 by Fox Hill, LLC to be known as Fox Hill Third Subdivision located along the north side of Fox Valley Drive S.W. and south of Whitney Lane S.W. and Substantial Land Alteration. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the developer. Mr. Masterpole said that they do have a substantial land alteration as a part of the plat. There will need to be approximately ten feet of filling for house RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6532 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item E-12 E-13 pads in a few of the lots. No fill will be brought in or removed. He noted their agreement with the seven conditions. Mike Nigbur, Public Works Department, pointed out that Condition #4 should be amended to read: "Outlot C will have a sidewalk through the middle versus abutting the roadway." Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Preliminary Plat #02-31 by Fox Hill, LLC to be known as Fox Hill Third Subdivision with seven conditions, adopt Resolution No. 519-02 approving 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. A Hearing on Special District #6 to be known as Minnesota Bible College Campus located south of Mayowood Road S.W. and north of 20th Street S.W. Wishing to be heard was Tom Loucks, Loucks Associates, Minneapolis, representing the Minnesota Bible College. He was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Special District #6 to be known as Minnesota Bible College Campus and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #186 also to be known as Minnesota Bible College located south of Mayowood Road S.W. and north of 201h Street S.W. Brent Svenby, Planning Department, noted that Condition #9 should be amended tc read: "At the time the access to 20th Street S.W. is developed, the City Engineer shall review the sight distance of the proposed access location. The location of the access may need to be shifted, from what is shown on the General Development Plan, to provide adequate sight distance as determined by the City Engineer." Wishing to be heard was Tom Loucks, Loucks Associates, Minneapolis, representing the Minnesota Bible College. He said that they had discussed the amendment with Mr. Svenby and are in agreement with the proposed amendment to Condition #9. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Marcoux moved, Senjem seconded, to approve General Development Plan #186 also to be known as Minnesota Bible College with nine conditions, including the amendment to Condition #9, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6533 1 Agenda Item E-14 E-15 E-16 E-17 A Hearing on Zoning District Amendment #02-09 by Jay Christenson to rezone the property from B-1 to B-4 located along the west of North Broadway and along the north side of 12th Street N.W. at the northwest corner of the intersection of North Broadway and 12th Street. The Applicant has requested that this item be continued to August 19, 2002. No one wished to be heard at this time. Councilmembers Senjem moved, Marcoux seconded, to continue the hearing on Zoning District Amendment #02-09 by Jay Christenson to the August 19, 2002, meeting. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #185 by Jay Christenson to be known as the 1201 North Broadway General Development Plan located along the west of North Broadway and along the north side of 12th Street N.W. at the northwest corner of the intersection of North Broadway and 121h Street. The Applicant has requested that this item be continued to August 19, 2002. No one wished to be heard at this time. Councilmembers Senjem moved, Marcoux seconded, to continue the hearing on General Development Plan #185 by Jay Christenson to be known as the 1201 North Broadway General Development Plan to the August 19, 2002, meeting. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #184 by Platinum Development to be known as the Krebsbach General Development Plan located west of 501h Avenue N.W., south of 51 st Street and the Wedgewood Hills Developments. The Applicant has requested that this item be continued to September 4, 2002. No one wished to be heard at this time. Councilmembers Senjem moved, Marcoux seconded, to continue the hearing on General Development Plan #184 by Platinum Development to be known as the Krebsbach General Development Plan to the September 4, 2002, meeting. Ayes (6), Nays (0). Motion carried. A Hearing on Zoning District Amendment #02-08 by Platinum Development to rezone to R-2 property located west of 501h Avenue N.W., south of 515t Street and the Wedgewood Hills Developments. The Applicant has requested that this item be continued to September 4, 2002. No one wished to be heard at this time. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6534 Regular Adjourned Meeting No. 21 — August 5, 2002 Agenda Item E-18 E-19 F-1 G-2a G-2b G-2c G-2d G-3a Councilmembers Senjem moved, Marcoux seconded, to continue the hearing on Zoning District Amendment #02-08 by Platinum Development to the September 4, 2002, meeting. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #02-35 by Joel Bigelow to be known as Airport Industrial Park Second located along the east side of 11th Avenue S.W. and along the west side of 10th Avenue S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 520- 02 approving Final Plat #02-35 by Joel Bigelow to be known as Airport Industrial Park Second. Ayes (6), Nays (0). Motion carried. A Hearing to Take Testimony on Revocation of the Off -Sale Liquor License for Route 52 Liquors, Wines & Ales, Inc. DBA Northwest Liquors at 3470 55th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 521 Revoking the Off -Sale Liquor License for Route 52 Liquors, Wines & Ales, Inc. C Northwest Liquors at 3470 55th Street N.W. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to approve the Off -Sale Intoxicating Liquor License for Alexandra D., Inc. DBA Apollo Liquor at 3470 55th Street N.W. Ayes (6), Nays (0). Motion carried. An Ordinance Amending the Floodway and Flood Plain Overlay Zoning Districts Incorporated into the Rochester Code of Ordinances, Relating to the Re - Designation of Floodplain Boundaries Associated with Willow Creek, was given a first reading. (Zoning District Amendment #98-17) An Ordinance Annexing to the City of Rochester Approximately 2.98 Acres of Land Located in a Part of the Northwest Quarter of Section 9 and a Part of the Northeast Quarter of Section 8, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Annexation Petition #02-17) An Ordinance Amending and Reenacting Section 64E.100 of the Rochester Code of Ordinances, Relating to the Legal Description for the Land Covered by the Fox Knob Special District, was given a first reading. An Ordinance Creating and Enacting Chapter 64K, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishmer of the Minnesota Bible College Campus Special District, was given a first reading. (Special District #6) An Ordinance Amending and Reenacting Subdivision 5 of Section 62.1001 of the Rochester Code of Ordinances, Relating to the Jurisdiction of the Shoreland 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 21 — August 5, 2002 6535 Agenda Item G-3b L District, was given a second reading. Councilmembers Evans moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Text Amendment #02-05) An Ordinance Annexing to the City of Rochester Approximately 39.74 Acres of Land Located in the East Half of the East Half of the Northwest Quarter of Section 20, 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. (North of Valleyhigh Road, Between West Circle Drive and 50th Avenue N.W. — Annexation Petition #02- 15) Having no further business, Councilmembers Marcoux moved, Evans seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. ity Clerk 6536 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 Agenda Item A-1 Wishing to be heard was Jane Batterson, 2600 Melody Street SE and Mary Jo Erath, 2444 Melody Street SE, to express their concerns over a utility/drainage easement that runs from Rose Harbor Estates to Marion Road. The ditch is not draining correctly leaving standing water and overflow from rainfall. Council asked staff to inspect the area. 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 Hanson moved, Evans seconded, to adopt Resolution No. 522-02 referring the petition by Mac Hamilton for development of utilities on the Verna Badger Property north of Valleyhigh Drive to the Public Works Department for a feasibility Study. Ayes (7), Nays (0). Motion carried. D-1- Councilmembers Hanson moved, Stobaugh seconded, to approve the following 26,28- consent agenda items. 31,33- 39&41 D-2 Approve the appointment of David Petersen to the Historic Preservation Committee to fill the vacancy created by the resignation of Donna Melin running to December 31, 2003. D-3 Adopt Resolution No. 523-02 authorizing the execution of Change Order No. 1 with Ames construction for Project No. SP 5501-117 0-6911) "Runway/Taxiway 02-20 extension, Cargo Apron Final Phase" at the Rochester International Airport. D-4 IApproved the list of election judges for the State Primary election to be held on September 10, 2002. D-5 I Approved the following licenses and miscellaneous activities: BEER - ON SALE 3.2% Minnesota Ice Hawks, Inc. / Hockey Team 46807 Cape Horn Rd Cleveland, Mn. 56017 FOR Rochester Recreation Center 21 Elton Hills Dr. NW Rochester, Mn. 55901 FIREWORKS DISPLAY John Marshall High School 1510 14" St NW Rochester, Mn. 55901 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6537 Agenda Item 1 J Touchdowns at Home Games & Graduation 8/30/02, 9/13/02, 10/4/02, 10/16/02, & 6/7/03 GAMBLING — RAFFLES March of Dimes 5233 Edina Industrial Blvd Edina Mn Raffle 10/28/02 AT Fox 47 6301 Bandel Rd NW Rochester, Mn, 55901 Ruffed Grouse Society 146 Interlachen Ln NW Rochester, Mn. .55901 Raffle 9/12/02 AT Radisson Plaza Hotel 150 S. Bdwy Rochester, Mn. 55904 ARC Southeastern Mn. 903 W Center St Rochester, Mn, 55902 Raffle 10/21/02 & 10/22/02 at Gloria Dei Lutheran Church 1212 12th Ave NW Rochester, Mn. 55901 Bear Creek Longbeards Chapter — NWTF 1002 Golfers Ct SE Rochester, Mn. 55904 Raffle 9/14/02 AT Rochester Elks Lodge #1091 917 151h Ave SE Rochester, Mn 55904 Beighley Cup, Inc. 323 Pine Ave S Eyota, Mn. 55934 Raffle 10/25, 26, 29/02 (Please Waive 30 Day Waiting Period) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA 6538 Regular Adjourned Meeting No. 22 — August 19, 2002 Agenda Item M. D-7 HOUSE MOVING Progressive Movers, Inc. 6463 50" St SE Rochester, Mn. 55904 House from 1824 18th St. NW to Dodge County 8/27/02 SIDEWALK — CEMENT Ben Finke DBA County Concrete 10427 Hwy 52 SE Chatfield, Mn. 55923 SOUND AMPLIFICATION Elim Baphtist Church 1815 37t St NW Rochester, Mn. 55901 Community Appreciation Party 8/24/02 4:00 PM to 8:00 PM MISCELLANEOUS Rochester Community "Work a Day for Peace" Walk & Program to Remember Events of September 11, 2001 Silver Lake Park 6:30 PM to 7:30 PM Family Focus, Inc. Fund Raising Walk-A-Thon 9/21/02 Silver Lake Park Rochester, Mn. 55904 Vascular Medical/Surgical Practice Mayo Clinic/St. Mary's Hospital Summer Picnic 8/24/02 11:00 AM to 6:00 PM Cooke Park, Rochester, MN 55901 Approved Accounts payable of $3,460,539.13 and Investment purchases of $8,072,612.73. Adopted Resolution No. 524-02 approving the Rochester Fire Department's requ to apply for funding from the Sam's Club Corporation to purchase firefighter train materials and/or equipment. Adopted Resolution No. 525-02 entering into a contract with the State of Minnesota for Rochester Fire Department to be an Emergency Response Team for Hazardous materials Response. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6539 Agenda Item D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 Adopted Resolution No. 526-02 authorizing the City Clerk to advertise for bids for the Thermal Imaging Cameras for the Fire Department. Approved an ordinance to change the roadway designation for 61h Street NW to Manor Drive NW, directing the City Clerk to file a certified copy with the County Recorder, and instructed the City Attorney to prepare the required ordinance for adoption. Rescinding approval of Resolution No. 164-01 approving Final Plat #01-08 known as The Homestead First Replat. Adopted Resolution No. 527-02 authorizing the contract with Loffler Business Systems for the maintenance agreement for the Public Safety Communications Center TEAC Recording equipment. Accepted the donation of the Window Tint Meter from the State of Minnesota. Adopted Resolution No. 528-02 authorizing staff to retain consultants, negotiate/acquire the needed real estate at a value not to exceed 15% above the appraised value and authorize the use of the 90-day "Quick Take" for land acquisition associated with the 3rd Avenue Project. (J2245) Adopted Resolution No. 529-02 approving a revocable permit for Staybridge, Rochester Suites Hotel to place building foundation in an alley right of way. The encroachment is approximately 1.0 foot, which will minimally impact the alley operations. Adopted Resolution No. 530-02 authorizing execution of the Development Agreement with Hayden Properties LLC for the Stone Brooke Development. Approved the Variance for access spacing along the Superior Drive in the Circle Drive Business Center Area. (Resolution 531-02 not used) Adopted Resolution No. 532-02 approving an Engineering Service Agreement with Short Elliot Hendrickson for Traffic Signal Design at West Circle Dr (CSAH #22) & 19`h Street NW (J-6323) and approving the City County Cooperative Agreement and authorizing the Mayor and City Clerk to execute the agreements. Adopted Resolution No. 533-02 accepting voluntary participation in the Regional Storm Water Management Plan for Kwik Trip, Inc., Western Walls, Inc. and Rochester Suites Hotel LLC. (Fiksdal Site) D-20 Adopted Resolution No. 534-02 authorizing execution of a Pedestrian Facilities Agreement with Convenience Store Investments, Inc. dba Kwik Trip, Inc. for Lot 10, Block 1, Radichel First Replat. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6540 Regular Adjourned Meeting No. 22 — August 19, 2002 Agenda Item D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 Adopted Resolution No. 535-02 approving the City/Owner Contract with D & R Properties LLC and the Excavators of Rochester for Project No. J-5024 "Waterma & Hydrant to serve Lot 1, Block 1, Georgetowne Homes Second Subdivision." (Kelly Dental Clinic) Adopted Resolution No. 536-02 awarding the contract for Project No. 6205-4-99 (J9540) "Curb, Gutter & Overlay on 51h Place NW from 16th Ave NW to Civic center Drive NW to Rochester Sand & Gravel, in the amount of $65,378.80. Adopted Resolution No. 537-02 authorizing the City Clerk to advertise for bids for the Douglas Trail Pedestrian Bridges and conduct a bid opening on September 18, 2002 at 11:00 AM. Adopted Resolution No. 538-02 accepting funds from the State of Minnesota naming the City fiscal agent for maintenance of the Douglas Trail Pedestrian Bridges (J2273). Adopted Resolution No. 539-02 accepting funds from the State of Minnesota naming the City fiscal agent for maintenance of the Douglas Trail Pedestrian Bridges — Park Road Account (J2273). Adopted Resolution No. 540-02 accepting funds from the State of Minnesota naming the City fiscal agent for maintenance of the Trail Connections 501h Ave. & Douglas Trail. (J9578) See at end of D items. Adopted Resolution No. 541-02 authorizing execution of City/Owner Contract with Lumber One Avon, Inc. and Elcor Construction, Inc. for Project No. J5022. "Basic Construction in Rolling Ridge." Adopted Resolution No. 542-02 authorizing execution of Contribution and Pedestrian Agreement Lot 16, Allendale Subdivision. Adopted Resolution No. 543-02 calling for a public hearing on September 16, 2002 to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood on the north side of 3rd Street SW/700 block and to consider changing the hours of enforcement on the No Parking Restriction on the south side of 3r Street SW/700 block. Adopted Resolution No. 544-02 authorizing the City Clerk to advertise for bids for the Pedestrian Facilities along Rocky Creek Dr. between Northern Valley Dr. NE and North Broadway. (J4953) Withdrawn from Council Meeting. Adopted Resolution No. 545-02 changing the enforcement hours for the Residenti Permit Parking for Zone 7 (Cummings Addition) between the hours of 8:00 AM to 4:00 AM, Monday through Friday. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6541 Agenda Item D-34 D-35 D-36 D-37 D-38 D-39 D-40 D-41 D-27 Adopted Resolution No. 546-02 accepting the Engineering Service Agreement with Yaggy-Colby Associated for, "Traffic Signal Installation Project at the New Fire Station #3 on 2"d Street SW." (J6316) Adopted Resolution No. 547-02 amending Paragraph (215.1) of Section B "No Parking Zones" to read: (215.01) Oxford Lane NW on the south side of the street from 315t Avenue to Wembley Lane, at all times. Adopted Resolution No. 548-02 authorizing the City Clerk to advertise for bids for Project No. M2-20 (J-7705) "Sanitary Sewer Connection from M.H. 03/0117 to M.H. 03/0143" (DM&E Crossing south of 19th Street NW and east of CSAH #22." Adopted Resolution No. 549-02 authorizing the City Clerk to advertise for bids for Project No. M2-20 (J-7203) "Removal of 11th Avenue SW Intersection Access at CSAH 16 and Replacement with 11th Avenue SW Cul-De-sac". Adopted Resolution No. 550-02 releasing the easement over the Cowl property lying in the southerly 307.79 feet of the West 8.00 feet of the SW '/4 of the SE '/a & East 8.00 feet of the SE'/4 of the SW'/4 of Section 15 Township 108 North Range 14 West. Adopted Resolution No. 551-02 executing Supplemental Agreement No. 2 for Project M023, (J-9651), "Fox Valley Drive SW" in the amount of $15,630.50. Withdrawn from the Council Meeting. Adopted Resolution No. 552-02 establishing the sewer rates for the year 2003 effective January 2003. Councilmember Senjem asked staff about the cost of the right-of-way in regards to the appraised value and what the city will compensate the owner. Mike Nigbur explained that an appraisal of the property was proved to be a higher value using comparable sales than at the time he did his appraisal. Councilmember Senjem moved, Marcoux seconded to adopted Resolution No. 553-02 approving settlement agreement with Rochester Indoor Tennis Club concerning right-of-way acquisition for 2nd Street SW (J-4950) in the amount of $13,000. Ayes (7), Nays (0). Motion carried. A Continued Hearing to take testimony on the Review of the Castle Court Manufactured Home Closing Statement and Establishment of Reasonable Requirements for Closing the Park. Interpreters for this hearing were Magdelena Carranza and Miquel Valdez. Wishing to be heard was Jess Lukes for All Parks Alliance for Change (APAC), 2395 University Ave. W., Suite 302, St. Paul, MN 55114 an organization that works RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6542 Regular Adjourned Meeting No. 22 — August 19, 2002 Agenda Item with residents of mobile home parks. He presented photos and an inspection report. He stated he had been working with the residents and speaking for them wanted to highlight some of their concerns. He emphasized the importance of the meetings already held with more needed in the future. A major concern was access to adequate and safe drinking water. Bottle water could be a solution especially for the winter months. Another concern was dead trees with debris falling onto homes, along with the electrical system being inadequate. The sewer system is a major problem with back up coming into homes. He suggested that the system be periodically cleaned. He wanted to make the point that the trailer park has not closed and still has standards to uphold for the next nine months. Also that there are not many housing options for the residents. He recommended having Social Services do a "Needs Based Assessment" for each resident. He would like the Environmental Health Commission to review what is not being done to keep the park in compliance with code. Wishing to be heard was Janice Carlson, 422 41 st Ave. NW. Mrs. Carlson's mother was a resident of the park but has since passed away. She continues to pay lot rent and was interested in what was going to happen with the park. Wishing to be heard was Linda Ward, 212 20th Ave. SW, #27. She explained the dilemma of not being able to move the trailers, sell them or use them for trade-ins. She also asked about the closing day of April 12th and whether April's rent was to be paid. She mentioned she had contacted the state office of Mike Hatch and could find nothing in the statutes that stated she could not move her trailer. Wishing to be heard was Dan Berndt, 206 South Broadway, Dunlap & Seeger Law Firm representing the owners of the trailer park. After many meetings with city staff, Councilmembers and residents, they are recommending passing the proposed ordinance. His concern was over the RCA mentioning no set-off except under certain circumstances and the importance of the residents and owner continuing to meet their respective obligations. The issue of April rent would be waived for those moving in that month. The increase of debris since the notice of closing is a problem and the owner has increased cleanup but needs the residents to help in the process. He would like to have the owner and the Olmsted County Public Health Department work together on the drinking water and sewer issues. Wishing to be heard was Connie Stannard, Olmsted County Health Department. Ms. Stannard was asked if the water in the trailers was safe for drinking. She explained that the department was responding to a complaint from a resident concerning their water and while in the process, witnessed a trailer being moved showing an inadequate water line to the trailer which prompted them to review the water supply to the park. Findings were that the supply into the park was not sufficient to accommodate the number of homes in the park. Along with the sewer system being a problem, the Department has asked for a potable water source for the entire park. Wishing to be heard was Liliana Campos, 212 20th Ave. SW, #26. She told of a storm that caused damage in the park and a tree fell on her trailer. Mr. Witter showed a lack of concern and did not clean up the debris from the storm properly. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6543 1 Agenda Item E-2 Wishing to be heard was Mr. Hernandez, 212 20th Ave. SW. His concern was compensation for his trailer. Wishing to be heard was Enrique Hernandez, 212 201h Ave. SW, #17. His concern was if the residents move, would they have the same problems that they are having now in another trailer park. He stated since the notice of closure, many renters have not cared about the park resulting in the trash problem. Wishing to be heard was Dennis Rattenberg, 626 3`d Ave. SE, Apt. 2. He spoke of the seeing the water pressure issue first hand while visiting Darlene Knutson a resident of the park. Wishing to be heard was Magdalena Carranza, interpreter for the Health Department. She stated through working with the department and park residents she has seen first hand that there is back-up into kitchen sinks and has continued to recommend homeowners to boil the water and use chlorine to clean dishes. She also mentioned the water pressure is poor. Wishing to be heard was Liliana Campos, 212 20th Ave. SW #26. She stated her concern regarding the hardship of moving with children and affordability of housing. Wishing to be heard was Herebarto Campos, 212 20 Ave. SW #2. He was instructed to contact Teresa Fogarty, Planning Department for an update of the notifications. Having no one further wishing to be heard, President Hunziker closed the hearing. President Hunziker recapped the main issues presented: That no rent would be charged for April, the owner has asked for a 30 day notice of relocation, the ownership of the trailers are to be determined by Teresa Fogarty, the tree debris is to be removed, continued trash cleanup, the need for drinking water to continue through the winter months and the sewer/water pressure inadequacy. Ron Boose, Rochester Building and Safety, informed the council that there are no standards for mobile homes prior to July 1,1972. Without any standards to follow for relocating the trailers, his department would inspect under basic safe housing standards and determine on a case -by -case basis whether the trailer can be moved to another Rochester mobile home site. Mr. Boose will work with Lynn Ward on the option of moving her trailer. Councilmembers Marcoux moved, McConnell seconded to adopt Resolution No. 554-02 approving the closing of Castle Court Manufactured Home Park with conditions and Table A listing relocation payments. Ayes, (7), Nays (0). Motion carried. A Hearing for Annexation Petition #02-18 by BBB Development LLC to annex approximately 19.65 acres of .land located south of 651h Street NW and west of 50th Avenue NW. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6,544 Regular Adjourned Meeting No. 22 —August 19, 2002 Agenda Item E-3 E-4 Wishing to be heard was Ward Opitz, 5955 118th Ave NW, Byron representing Bigelow Enterprises. Mr. Opitz 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 approve Annexation Petition #02-18 by BBB Development LLC and instructed the City Attorney to prepare the required ordinance for adoption. Ayes, (7), Nays (0). Motion carried. A Hearing on Amendment to General Development Plan #170 by Arcon Development Inc. known as the Crimson Ridge (formerly the Shih Property) and request for approval of a Substantial Land Alteration located along the west side of 18th Ave. NW, North of the Volunteers of America Development and Hunter Hills and east of 24th Ave. NW. Wishing to be heard was Wade DuMond from Yaggy Colby Associates. Mr. DuMond said they were in agreement with the conditions and was available to answer any questions. Wishing to be heard was Leif Felgar, Senior Vice President of Volunteers of America, 1660 Duke Street, Alexandria, Virginia, 22314. Mr. Felgar stated VOA was in favor of the development. Wishing to be heard was James Clark, 2307 58th St. NW. Mr. Clark asked when work on the development would begin because of the drainage issues that may affect his property. He was also concerned about large trees that may be hazardous. Mr. DuMond assured Mr. Clark that the trees would be removed and the plans allow for the drainage not to affect his property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evens moved, Hanson seconded, to approve General Development Plan #170 by Arcon Development with eight conditions and adopt Resolution 555-02 approving the Substantial Land Alteration and instructing the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-33 by Arcon Development Inc. to be known as Crimson Ridge and a Design Modification on property located along the west side of 18th Ave. NW, North of the Volunteers of America Development and Hunter Hills and East of 24th Ave. NW. Wishing to be heard was Wade DuMond, Yaggy Colby Associates. Mr. DuMond said 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. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6545 1 Agenda Item E-5 E-6 Councilmembers Senjem moved, Hanson seconded, to approve Preliminary Plat #02-33 by Arcon Development Inc. to be known as Crimson Ridge with ten conditions and approve a request for a Design Modification to the requirements of Section 64227 of the Land Development Manual eliminating any requirement to provide a mid -block connection, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays, (0). Motion carried. A Hearing on Land Use Plan Amendment Petition #02-02 by K & P Properties to amend the land use designation from low density residential to commercial on land located south of 651h Street NW and west of 34th Ave. NW. Wishing to be heard was Ken Boyer, Civil Engineeeing Services, 5300 Hwy 63 S. representing the petitioner. Mr. Moyer said they were in agreement with conditions and was available for any questions. Councilmember McConnell asked what type of business was planned for this property and was concerned with increased traffic and access. Mr. Boyer stated the plans were for businesses similar to those already established in the area by the developer. Mitzi Baker and Phil Wheeler, Planning Department, stated that staff did not recommend these petitions. Mrs. Baker summarized that the Planning Department has not supported the commercial zoning of property south of 651h Street and west of Hwy 52. She stated that the GDP would include restrictions on the type of traffic that could be generated. (AM/PM hours) Mr. Wheeler stated that property with marginal access has not been recommended by the Planning Department for commercial use. This property fits the criteria. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 556- 02 approving Land Use amendment Petition #02-02 by K & P Properties with conditions and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (5), Nays (2). Motion carried. McConnell and Stobaugh voting nay. A Hearing on General Development Plan #187 by K & P Properties and Jerry Orr on property located south of 65th Street NW and west of 34th Ave. NW and Highway 52. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #187 by K & P Properties and Jerry Orr with nine conditions and instructed the city Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (5), Nays (2). Motion carried. McConnell and Stobaugh voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6546 Regular Adjourned Meeting No. 22 —August 19, 2002 Agenda Item E-7 A Hearing on Zoning District Amendment #02-10 by K & P Properties to amend the zoning from R-1 to the B-4 district on land located south of 65`h Street NW and wes of 34`h Ave. NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #02-10 by K & P Properties and instructed the City Attorney to prepa an ordinance for adoption. Ayes (5), Nays (2). Motion carried. McConnell and Stobaugh voted nay. E-8 A Hearing on Text Amendment #01-10, initiated by the City Council to amend Section 62.1101 of the Rochester Zoning Ordinance and Land Development Manual addressing Excavation Activities and Substantial Land Alteration. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to approve Text Amendment #01-10, initiated by the City Council and instructed the City Attorney prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. F-1 I Withdrawn from Council meeting. G-2a An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Sixth Street NW, Platted in Manor Woods West Third Subdivision, Manor Woods West Fourth Subdivision and Manor Woods West Ninth Subdivision to Manor Drive NW, was given a first reading. G-2b An Ordinance Annexing to the City of Rochester Approximately 19.65 Acres of lanc Located in a Part of the Northeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Annexatioi Petition #02-18) G-2c An Ordinance Rezoning Certain Property from the R-1 Zoning District to the B-4 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, wa given a first reading. (Zoning District #02-10) G-2d An Ordinance Amending and Reenacting Subparagraph C of Paragraph 1 of Clause B of Subdivision 2 of Section 62.1001 of the Rochester Code of Ordinances, relating to the Distinction Between a Quarry and a Substantial Land Alteration, was given a first reading. G-3a An Ordinance Rezoning certain Property From the R-1 Zoning District to the R-1X Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota wa, given a second reading. Councilmemers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Zoning District Amendment #02-07) 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 — August 19, 2002 6547 Agenda Item G-3b G-3c 1 C An Ordinance Rezoning Certain Property from the R-1 Zoning district to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers McConnell moved, Marcoux seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Zoning District Amendment #02-06) An Ordinance Annexing to the City of Rochester Approximately 59.93 Acres of Land Located in a Part of the Northwest Quarter of Section 4, township 107 North, Range 14 West, Olmsted County, Minnesota, was give a second reading. Councilmembers Senjem moved, Hanson 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. � am Deputy City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6548 Regular Meeting No. 23 — September 4, 2002 Agenda Item A-1 B-1 D-1-3 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 Hanson moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the August 5, 2002, meeting. Approved the appointment of Nicole Ferrara to the Rochester Civic Music Board running to December 31, 2005. Approved the appointment of Jonathan Brandt to the Rochester Civic Music Board running to December 31, 2005. See at end of D Items. Adopted Resolution No. 557-02 entering into an agreement with AGA/HGA in an amount of $52,000 plus reimbursable expenses to provide consultant services for a one -level addition of the First Street Parking Ramp. Approved scheduling a public hearing on October 21, 2002, for the establishment 1 a TIF District for the Third Phase of the Rose Harbor Estates Development, contingent upon the Contribution Agreement being signed by DeWitz Construction by the date of the proposed hearing. Adopted Resolution No. 558-02 approving a revocable permit for an entrance sign for Stonehedge Estates within the public right-of-way. Adopted Resolution No. 559-02 approving an Architect's Services Agreement with Holabird & Root, LLP for Building Plan Review Services to the Building and Safety Department. Approved an amendment to RCO 125A.03, Subd. 5 to reflect that there may be only one Off -Sale Intoxicating Liquor License issued directly or indirectly to any one person as per State Statute and instructed the City Attorney to prepare the required ordinance. See at end of D Items. Approved the change for the On -Sale Intoxicating Liquor License for Fiesta Mexicana Restaurant to Fiesta Mexican Restaurant, Inc. DBA Fiesta Caf6 Bar and transferred the location of the license from 301 171h Avenue S.W. to 1645 North Broadway effective October 1, 2002. Approved Accounts Payable in the amount of $6,424,823.37 and investments purchases of $8,256,245.33. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6549 Agenda Item D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 See at end of D Items. Adopted Resolution No. 560-02 authorizing the Mayor and City Clerk to sign the Amendment to Terminal Access Agreement #0001188-AC with Koch Industries enabling the City Street Department to pick up materials directly from the Koch terminal at Pine Bend, Minnesota. Adopted Resolution No. 561-02 accepting the bid from JRH Equipment for one 2002 heavy duty four -post, drive on, track type, above ground vehicle lift in the amount of $76,030.50. Adopted Resolution No. 562-02 approving the Wetland Delineation and Replacement Plan for Stonebrook Development with three conditions. Adopted Resolution No. 563-02 accepting the feasibility report and setting a project hearing for Project No. M2-33 (J-7707) "Sanitary Sewer to Serve Lots 1-3 and Lots 11-13 in Osjor Estates 3rd Subdivision located on Oslo Court N.E.". Adopted Resolution No. 564-02 authorizing the City Clerk to advertise for bids for Project No. Project No. J-6323 "Traffic Signal at Intersection of CSAH 22 & 19tn Street N.W.". Adopted Resolution No. 565-02 authorizing the City Clerk and Mayor to execute the City/Owner Contract with Rochester Development, Inc. and Adolfson & Peterson Construction, Inc. for Project No. J-5034 "Basic Construction to serve Broadway Plaza". Adopted Resolution No. 566-02 authorizing the Mayor and City Clerk to execute the City/Owner Contract with B/S Development, LLC and Swenke Company, Inc. for Project No. J-5031 "Basic Construction in West Park ". Adopted Resolution No. 567-02 authorization execution of a Pedestrian Facility Agreement with Convenience Store Investments, Inc. dba Kwik Trip, Inc. for Lot 3, Block 1, Northern Heights East Eleventh. Adopted Resolution No. 568-02 authorizing execution of the Development Agreement with Western Walls, Inc. for Rose Harbor 4 & 5. Adopted Resolution No. 569-02 authorizing the City Clerk to advertise for bids for Project No. J-6323 "Traffic Signal at Intersection of CSAH 22 and 41 st Street N.W.". See at end of D Items. D-25 Adopted Resolution No. 570-02 authorizing the City Clerk to advertise for bids for Project No. M2-24 (J-7706) "Sanitary Sewer to Serve Fire Station #3 (Grandeville at Cascade Lake)". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6550 Regular Meeting No. 23 — September 4, 2002 Agenda Item D-26 D-27 D-28 43• D-30 D-31 D-32 D-4 E Adopted Resolution No. 571-02 awarding the bid to Elcor Construction for Project No. SW-M01 (J-2460) "Construct Hillcrest Regional Stormwater Pond" in the amount of $97,965.05. Adopted Resolution No. 572-02 approving the Settlement Agreement in the amount of $79,000 to Roland Walters in connection with acquisition of right-of-way for the Third Avenue S.E. Project No. J-2245. Adopted Resolution No. 573A-03 authorizing the City Clerk to advertise for a public hearing to be held on October 7, 2002, for the purpose of receiving testimony on the proposed closure of the 111h Avenue S.W. intersection with CSAH 16. Adopted the following Public Utility resolutions: Resolution No. 573-02 approving a purchase order agreement with Power Generation Services, Inc. for services and parts for the Silver Lake Plant Unit 3-turbine general overhaul in an amount not to exceed $250,000.00. Resolution No. 574-02 approving a purchase order agreement with R.W. Beck, Inc. for consulting services for the management of assets and policies/procedures associated with GASB 34 compliance in an amount not to exceed $183,100.00. Adopted Resolution No. 575-02 approving the Sewer Charges effective January 1, 2003. Adopted Resolution No. 576-02 approving the contract award to Foster Electric Company of Rochester, Minnesota in the amount of $2,083,048.00. Approved the issuance of an On -Sale Intoxicating Exclusive Liquor License and Sunday License for Bradley Burton and Donald Janasak at 1605 Civic Center Drive N.W. with a tentative opening date of October 17, 2002, pending the receipt of documentation from the Planning and Zoning Department that a variance has been granted for the location. Ayes (7), Nays (0). Motion carried. Councilmember Senjem commended the Mayor on the members of the Task Force that has been assembled to study and plan for growth in the downtown Rochester area. Councilmembers Senjem moved, Marcoux seconded, to approve the creation of a Downtown Planning Task Force consisting of 16 members and 7 ex-officio members to chart the growth for the next generation of growth and development of downtown Rochester. Ayes (7), Nays (0). Motion carried. Councilmember Hanson moved, Stobaugh seconded, to deny the Sound Amplification Permit for the Humane Educational Truck on Second Street at meters by the Public Library, noting the fact that videos on the truck would pose a safety hazard, library patrons need these parking spaces to access the library and asked 1 L' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6551 1 Agenda Item D-13 that they work with the City Clerk's Office to find an alternative location, and approved all other licenses and miscellaneous activities. Ayes (7), Nays (0). Motion carried. Approved the following licenses and miscellaneous activities. Temporary On -Sale Liquor St. John's Home & School Association — dinner and play fundraiser for school — October 11 and 12, 2002. eating Contractor Northwinds Refrigeration, St. Cloud, Minnesota Braun Plumbing, Inc., Lake City, Minnesota Master Installer Rick Morford, St. Cloud, Minnesota Master Plumber Braun Plumbing, Inc., Lake City, Minnesota Sewer & Drains Whitesel Construction, Oronoco, Minnesota Sound Amplification Hangar Bar & Grill — Rochester Airport — Band Night — September 5, 2002 — 8:30 PM to 12:30 AM (request waiver of 11:00 PM time period) Melissa Meyer — Baptism with DJ — East Silver Lake Park — September 1, 2002 — 12 Noon to 11:00 PM (prior approvals by Hunziker, Marcoux, Hanson, McConnell) Lupus Foundation — Walk — West Silver Lake Park — September 15, 2002 — 12 Noon until 2:00 PM Humane Educational Truck — Across from Public Library on Second Street S.W. — November 9 & 10 — 10:00 AM to 10:00 PM Joe Riker — 600 33rd Street N.W. — 401h Birthday Party — September 7, 2002 — 6:00 to 11:00 PM Miscellaneous Street Activities Lupus Foundation — Walk — West Silver Lake Park — September 15, 2002 — 12 Noon until 2:00 PM Juvenile Diabetes Research Foundation — Walk to Cure Diabetes — September 14, 2002 Knights of Columbus — Marathon for Non -Public Schools — October 5, 2002 — 9:00 AM to 1:00 PM Humane Educational Truck — Across from Public Library on Second Street S.W. — November 9 & 10 —10:00 AM to 10:00 PM Councilmember Senjem asked for clarification of the new rates for the Group Health Insurance renewal premium. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6552 Regular Meeting No. 23 — September 4, 2002 Agenda Item Dale Martinson, Finance Director, said that the increased premium of $329,943, is for administrative services. The annual maximum funding level of $7,380,913.44 is for claims cost. Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 577-( approving the Administrative Services Agreement with Corporate Benefit Services of America, Inc. to administer the health and dental plan and approved the excess risk insurance contract with ING/ReliaStar Life Insurance Company. Ayes (7), Na,. (0). Motion carried. D-24 Councilmember McConnell stated that he was not in favor of having the 7th Street N.W. access be removed. The access has posed no problems and been of a benefit, but will cause hardship, to businesses. He said that the agreement enterf into with MnDot was either a "sign or you get nothing" agreement. Councilmember Evans agreed with Councilmember McConnell but asked if a meeting could be held with MnDot to see what the City can do if the access is closed. He mentioned that Representative Kuisle might be able to help the City. Councilmember Marcoux asked how long the bids will hold; she was told 30 days from the bid opening date. She also felt that a discussion with MnDot should be held to look at future connections as well. Councilmembers Marcoux moved, McConnell seconded, to table setting a public hearing for the purpose of receiving testimony on the proposed closure of the 71h Avenue N.W. intersection with CSAH 16 and schedule a Committee -of -the -Whole meeting with MnDot and Representative Kuisle. Councilmember Hanson asked whether the agreement contained a penalty should the City fail to close the access by October 1st. Terry Adkins, City Attorney, said that according to the agreement, there is no penalty provision. Ayes (7), Nays (0). Motion carried. E-1 A Continued Hearing on General Development Plan #184 by Platinum Development located west of 50th Avenue NW, south of 515t Street and the Wedgewood Hills developments. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer, Platinum Development. He said that his comments will also be relevant to hearing E-2 on the zoning district for the property. He said that a sanitary sewer trunkline needs to come across the golf course; they would like to proceed with the sanitary sewer trunkline. Mr. DuMond noted agreement with the nine conditions. On the zoning district amendment, neighbors had brought up concerns that having townhomes off the back would block their views. He said tha the houses and townhomes have the same height limitations. The reconstruction c 50th Avenue will allow for upgraded public access to the first proposed intersection on the north side of the property. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6553 1 Agenda Item E-2 E-3 Councilmember McConnell noted that there is considerable opposition to the development by the neighbors to the north. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve General Development Plan #184 by Platinum Development with nine conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Stobaugh asked about the adequacy of the trunkline sewer to the development. Richard Freese, Public Works Director, said that 50-75 units could be developed initially but the rest would have to wait until the extension of the sanitary sewer across Northern Hills Golf Course. The project will be in the Capital Improvement Program for Council consideration later this year. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Continued Hearing on Zoning District Amendment #02-08 by Platinum Development to rezone to R-2 property located west of 50th Avenue NW, south of 51st Street and the Wedgewood Hills developments. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #02-08 by Platinum Development and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember McConnell said that there are many objections, originally voiced at the Planning and Zoning Meeting. He said the neighbors felt that there should be a border of trees between the new houses and the existing neighborhood. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing on Final Plat #01-29 to be known as Manor Woods North First Subdivision by Forbrook-Bigelow Development located west of Manor Woods West Tenth Subdivision, west of Manor Ridge Drive NW, south of 71h Street NW and east of Somerset Hills Subdivision. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted agreement with the five conditions. Mike Nigbur, Public Works Department, noted a correction in Condition #5. The second sentence should be modified to read: "The common access for Lots 28 and 29, Block 2, is where the driveway is located." Wishing to be heard was John Schmidt, 4907 Manor Ridge Lane N.W. He appeared before the Council approximately six months ago. His concern was and still is where all the storm water runoff is going to go. The backyard of his property RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6554 Regular Meeting No. 23 — September 4, 2002 Agenda Item is continually wet even during dry conditions. If fill is added where the water drains now, he is concerned where the water will go next. Mike Nigbur, Public Works Department, said that Outlot A contains a large stormwater detention structure. Mr. Schmidt said that the dirt in the Outlot is to be leveled and will run to him. He noted that there are ruts where the water has run into the woods. President Hunziker asked Mr. Nigbur and Ms. Clark to walk the property with Mr. Schmidt to look at and confirm the drainage plan. Councilmember Marcoux said that she has spent considerable time over the past two months, as well as other Councilmembers, checking drainage problems and mud runoff problems. She has spent much time in Country Club Manor looking at the interim drainage problems. She asked that the developer please look at the interim drainage on the land so that it does not go into Mr. Schmidt's backyard and not into the City's drainage pond. Wishing to be heard was Allen Miller, 5166 Coventry Lane NW. Mr. Miller noted that he lives in Summerset Hills located behind the pond and he is also concerned about the drainage. He said that they have heard about the pond for six months, seen the dirt fill grow higher giving the water more of a slope to drain. He asked if all the lots would be raised by ten feet? He asked that the City please check the adequacy of the pond. Brent Svenby, Planning Department, noted that there are two locations on the property on which the houses will be raised by ten feet as allowed for under the drainage plan. Anything higher would require approval by the City Council. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer She said that to her knowledge, the pond has not yet been constructed but rather a temporary holding area has been put in. The pond itself will be significant in size. The construction of the pond coincides with the construction of the homes this fall. Richard Freese, Public Works Director, suggested that this matter be tabled to the end of the Council meeting to allow staff to meet with the concerned individuals an McGhie & Betts staff. He noted that the volume of runoff discharged by the pond will be controlled. Wishing to be heard was Allan Miller, 5166 Coventry Lane NW. Mr. Miller stated that he had talked with Public Works previously and the water will not be draining 7tn Street but rather into the pond. The erosion mitigation during construction has been non-existent; i.e., no seeding and no addition to the silt fences. Wishing to be heard was David Martin, 5274 Carrington Lane N.W., on the north side of the development. He has noticed significant silt and water running over the top of the pond and eroding and rutting the land between his and the neighbor's property. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6555 Agenda Item E-4 E-5 Councilmembers Hanson moved, Evans seconded, to move to the end of the agenda Final Plat #01-29 to allow the developer's representative, the Public Works Department, and residents of the area time to discuss the drainage and runoff problems. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-05 to be known as West Park by B/S Development, Inc. located west of Manor Woods West Fifth and Sixth Subdivisions, east of Westchester Hills Subdivision, south of Summerset Hills Subdivision and north of Country Club Road SW. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She noted agreement with the three conditions at this time. Mike Nigbur, Public Works Department, noted that David Martin might wish to speak to this plat rather than the last as this is where his concern is. Wishing to be heard was David Martin, 5274 Carrington Lane N.W. He noted that there is a basin made by pilling up some dirt on the border of the plat which has filled up with water. The water has now spilled over with water, dirt and silt running into the area that normally runs off between his and his neighbor's property to the west. He said they realize it's interim during construction but are concerned that as the land gets converted to pavement and roof tops, there will be much more runoff than when it was farm fields. Mr. Martin talked with Ward Opius from Bigelow Enterprises who said that the temporary basin will be re -designed. He wanted to reflect for the record the significant runoff problems at this point. Richard Freese, Public Works Department, said that both this development and the former development applied for, and received, an interim grading plan. The interim grading plan is a general grading plan done in advance of a final plat being approved. No substantial land alteration can be completed and no utilities can be installed during the interim grading process. Prior to the final plat being filed, a formal grading plan must be submitted along with the construction plans for the utilities. Both projects have had final grading plans and construction plans reviewed and approved by the Public Works Department. The ponds can now be constructed. Mr. Freese said that the Cascade Town Board asked that certain conditions be made relative to the grading for this project prior to the Council approval on the final plat. The Township approval was incorporated into the City/Owner agreement with the City. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 579-02 Final Plat #02-05 to be known as West Park by B/S Development, Inc. with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-42 to be known as Rose Harbor Estates Fourth by Western Walls, Inc. located south of Eastwood Road SE and is along Harbor Drive SE. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6556 Regular Meeting No. 23 — September 4, 2002 Agenda Item E-6 E-7 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 580-1 approving Rose Harbor Estates Fourth by Western Walls, Inc. with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-43 to be known as Rose Harbor Estates Fifth by Western Walls, Inc. located south of Eastwood Road SE, west of Harbor Drive SE and is along Rose Heights Drive SE. and approval for a Substantial Land Alteratio Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 581-0; approving Final Plat #02-43 to be known as Rose Harbor Estates Fifth by Western Walls, Inc. with two conditions and Resolution No. 582-02 approving the Substantk Land Alteration Permit. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-44 to be known as Willow Point Townhomes CIC Number 200 by Joel Bigelow & Sons Enterprises Inc. located along the south side of 481h Street SW, west of 11th Avenue SW and Tee Court SW. Wishing to be heard was Ward Opius, 5955 118th Avenue N.W. Byron, representi Bigelow Enterprises, the developer. He noted agreement with all the conditions except Condition #2. The City bought the private water system from the golf cour that serves the townhomes. The water system is inadequate for fire protection. The Fire Department will not allow for building permits until adequate fire protectic water is provided. Rochester Public Utilities has stated to Mr. Opius that they will have City water to the development within two years. He is requesting that since the other buildings in the area are not sprinkled, that the Council approve the building of the development without sprinkling the buildings at this time until adequate water supply is provided. Wishing to be heard was Gary Swanson, 4862 Tee Court S.W., located at Village on the Green, 35 feet below the proposed development. The project will be connecting to the same well that is used for Village on the Green. They are concerned if there will be enough water pressure to handle 38 units rather than the 30 existing units; and if there is a fire, will there be adequate water pressure for fire fighting equipment. Mr. Swanson noted that they are also concerned with the sewer system. They have been hooked by a private lift station to the City sewer system since the townhomes were built. There is a lift station. The eight units of the Bigelow Development will be connecting to the sewer system and will have to go through the lift station. The City will not take over the lift station and the association has to maintain it themselves. He would like the City to take over, maintain and run the lift stations for the sewer system if they are going to continue to add units to it. The sewer rates are the same for City residents but they must maintain their private system. Richard Freese, Public Works Director, said that he could not speak to the water system as that is maintained by Rochester Public Utilities. The sewer system was 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6557 Agenda Item privately installed to handle the Village on the Green Development years ago and should handle up to 40 units. Gary Neumann, Assistant City Administrator, said because it is a private lift station, the matter is between the homeowners association of Village on the Green and Bigelow Development. Wishing to be heard was Ward Opius, representing Bigelow Enterprises. He said that he understands that Bigelow Enterprises would be a part of the same lift station paying the same rate as the other residents of Village on the Green for maintenance of the station. Wishing to be heard was Gary Swanson, 4862 Tee Court S.W., noting that the lift station was designed for 38 units. The Village is connected to City sewer, have to pay the same rates as anyone else in town, but has to maintain their own lift station with no expertise. Brent Svenby, Planning Department, said that according to the Fire Department, the property can be served by water, however, the minimum fire protection standard of 1000 gallons per minute cannot be provided by the present well system. The Fire Department has said that the property can be served by one-half or 500 gallons per minute protection if the buildings are sprinkled. Staff is recommending that the applicant cannot record the plat until documentation is provided by the Fire Department of the applicant's commitment to provide the adequate fire protection for the development. Wishing to be heard was Wade Opius, Bigelow Enterprises. He said that given the choice of not building or having to sprinkle, they will sprinkle the units. He also said that since they have hooked up to a system that the City operates and will pay the hookup fees, they feel that adequate water pressure should be provided. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, said if the applicant wants to agree at this time to Condition #2 in order to continue with the development with the understanding that if this issue can be resolved through discussions with the Fire Department and Rochester Public Utilities, the condition can be reconsidered by the Council at a later date. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 583- 02 approving Final Plat #02-44 to be known as Willow Point Townhomes CIC Number 200 by Joel Bigelow & Sons Enterprises Inc. with four conditions. Discussion. Councilmember Senjem moved, to allow the project go forward in connection with the Rochester water service when available. Motion died for lack of second. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL `CITY OF ROCHESTER, MINNESOTA 6558 Regular Meeting No. 23 — September 4, 2002 Agenda Item E-8 E-9 E-10 Steve Kvenvold, City Administrator, will moderate the meeting between the Fire Department and Rochester Public Utilities with Bigelow Enterprises inviting a representative of the Village on the Green Association. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-07 by Dale and Jacqueline Mickow and Brendan Ford to vacate the undeveloped alley located south of 2"d Street SE, n of 3rd Street SE and east of 11`h Avenue SE. Wishing to be heard was Dale Mickow, 1210 Second Street S.E. He said that the situation arose when the neighbor behind his property moved in. He was unaware that there was a platted four -foot alley adjoining his property that is of no use to anyone. The utility company has to be able to access their easement but would lik, to have the alley vacated. Mr. Mickow said that there is a two -block section of the alley that should be vacated at the same time. Brent Svenby, Planning Department, noted that staff recommended to vacate the, remainder of the alley. The vacation will come before the Council at a later date. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 584-02 approving Vacation Petition #02-07 by Dale and Jacqueline Mickow and Brendan Ford with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-08 by the Professional Skaters Association an( the American Board of Physical Medicine and Rehabilitation to vacate the right-of- way of Allegro Park Lane SW located south of 2nd Street SW and west of Wimbledon Hills SW. Staff recommended that this item be continued to the September 16, 2002, meeting, to clarify the easement over the existing right-of-way. No one wished to be heard at this time. Councilmembers McConnell moved, Stobaugh seconded, to continue the hearing on Vacation Petition #02-08 by the Professional Skaters Association and the American Board of Physical Medicine and Rehabilitation to September 16, 2002. Ayes (7), Nays (0). Motion carried. A Hearing on Utility Easement Vacation Petition #02-10 by Anthony Tarvested and Carole Shulman to vacate a utility easement located between Lots 1 and 2, Block 1 Country Club Estates Subdivision and a utility easement located within Lots 1, 2, and 3, Country Club Estates. Staff recommended that this item be continued to the September 16, 2002, m to allow the application additional time to provide RPU with necessary documentation relocation of the utilities and vacating the utility easement. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6559 Agenda Item E-11 G-2a G-2b G-2c G-3a G-3b No one wished to be heard at this time. Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing on Utility Easement Vacation Petition #02-10 by Anthony Tarvested and Carole Shulman to September 16, 2002. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Whether 18 Parcels of Land Recently Annexed to the City should be included in the Rural Service District established by Ordinance 1466. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 585-02 approving 18 Parcels of Land Recently Annexed to the City being included in the Rural Service District and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivision 5 of Section 125A.03 of the Rochester Code of Ordinances, Relating to the Number of Off -Sale Liquor Licenses Which May Be Issued To One Person, was given a first reading. An Ordinance Rezoning Certain Property From the R-1 Zoning District to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (Zoning District Amendment #02-08) 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 Stobaugh moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). The Ordinance was given a second reading. Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 64E.100 of the Rochester Code of Ordinances, Relating to the Legal Description for the Land Covered by the Fox Knob Special District, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 2.98 Acres of Land Located in a Part of the Northwest Quarter of Section 9 and a Part of the Northeast Quarter of Section 8, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Annexation Petition #02-17) 6560 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 Agenda Item G-3c G-3d E-3 An Ordinance Amending the Floodway and Flood Plain Overlay Zoning Districts Incorporated into the Rochester Code of Ordinances, Relating to the Re -Designation of Floodplain Boundaries Associated with Willow Creek, was given a second reading. Councilmembers Hanson moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Zoning District Amendment #98-17) An Ordinance Creating and Enacting Chapter 64K, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishmer of the Minnesota Bible College Campus Special District, was given a second reading. Councilmembers Hanson moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Special District #6) President Hunziker re -opened the hearing on Final Plat #01-29 to be known as Manor Woods North First Subdivision by Forbrook-Bigelow Development. Wishing to be heard was Allen Miller, 5166 Coventry Lane NW. He said that the discussions with staff yielded answers to his questions and that he was comfortable with the project. He said that the hardwood trees now there will be removed but that another barrier of trees should be placed between the development and Summerset Hills. Wishing to be heard was Chirsti Clark, McGhie & Betts, representing the developer. She said that the developers do agree to placing vegetation/trees along the lots in question to provide a comfortable barrier due to the grading. The trees can't interfere with the proposed pond or drainage. Wishing to be heard was John Schmidt, 4907 Manor Ridge Lane N.W. He said that his concern is still in the corner of the development. The developer is willing to put in the necessary barrier for the prevention of drainage but Mr. Schmidt is still concerned that water may seep into his basement. Wishing to be heard was Christi Clark, McGhie & Betts, said they will do a careful walk-through of Lot 16 and if it is proven that additional sedimentation control is needed, they will file for a revised grading plan for the corner of the property. Brent Svenby, Planning Department, said that the Council may want to add a condition requiring the planting of a buffer yard along the west property line specifying the number and types of trees. Wishing to be heard was Christi Clark, McGhie & Betts, saying that there is a standard buffer yard; they would be agreeable to such a standard. Wishing to be heard was Ward Opius, Bigelow Enterprises, noting that since the pond and grading will be taking most of the trees, there would be no problem in requiring a buffer yard. Brent Svenby, Planning Department, indicated that a Grade A buffer yard requiring one canopy tree per 100 feet. The outlot is 500 feet so five canopy trees 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 23 — September 4, 2002 6561 Agenda Item F-1 1 and five under trees would be required. A Grade B buffer yard would require five canopy trees and ten under trees. Councilmember decided that Grade B should be used as it is a heavier buffer for the area. Brent Svenby, Planning Department, suggested Condition #6 should read: "The applicant shall plant a ten -foot wide buffer yard on the west line of Outlot A and the buffer yard shall be a Grade B as specified in 63.265 of the Land Development Manual. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution Nos. 586-02 and 587-02 approving Final Plat #01-29 to be known as Manor Woods North First Subdivision by Forbrook-Bigelow Development and the Substantial Land Alteration Activity with six conditions. Ayes (7), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to levy a Preliminary Property Tax for 2003 of $24,950,756. Discussion. Councilmember McConnell said that he could not support a levy of $2.5 million above the 2002 year which he also felt was too high. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Having no further business, Councilmembers moved, seconded, to recess the meeting to 4:00 P.M., Thursday, September 12, 2002, to canvass the results of the State Primary Election on Tuesday, September 10, 2002. ity Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6562 Recessed Meeting No. 24 — September 12, 2002 Agenda Item 12 D-1 AVA President Hunziker called the meeting to order at 4:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell. Absent: David Senjem and Walter Stobaugh. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 588-02 declaring the elected winners of the State Primary Election held on September 10, 2002, as Ardell P. Brede and Chuck Canfield for the office of Mayor and Bob Nowicki and Randy Staver for the office of Fifth Ward Councilmember. Ayes (5), Nays (0). Motion carried. Councilmembers Hanson moved, McConnell seconded, to approve the Sound Amplification Permit Request for the Mexican Independence Day Celebration at Silver Lake Park from 1:00 to 9:00 P.M. on September 15, 2002. Ayes (5), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, Evans seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carried. if y Clerk 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6563 Agenda Item A-1 B-1 C-1 D-1-7, 9-32 D-1 D-2 D-3 D-4 D-5 D-6 D-7 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, Walter Stobaugh. Absent: David Senjem. Wishing to be heard was Mayor Canfield with an award presentation to the Rochester Police Department for "Achieving Excellence in Defibrillation" by the National Center for Early Defibrillation. Deputy Chief Steve Johnston, Police Department, Assistant Fire Chief Rick Lovett, Fire Department and Dr. Roger White, Anesthesiologist at Mayo Clinic were presented with an award and a Certificate. Councilmembers Hanson moved, Marcoux seconded to adopt Resolution No.589A- 02 referring the petition for "Extension of Water Service to serve Willow Point Townhome Development — 481h Street SW" to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmember Evans moved, Hanson seconded, to approve the following consent agenda items. Approved the minutes of the August 19, 2002 and September 12, 2002, Council meeting. Approved the appointment of Jeffrey Ehrhart to the Rochester Civic Music Board to fill the vacancy created by Ron Hanson running to December 31, 2005. Adopted Resolution No. 590-02 authorizing the retention of Donald F. Bargen, Organizational Consultant, to facilitate Affordable Housing activities and efforts and prepare recommendations with funds from the CDBG Administrative Account. Adopted Resolution No. 591-02 authorizing the transfer of the Traffic Sign Installer position in the Traffic Division to an Equipment Operator 1 position in the Street and Alley Division. Adopted Resolution No. 592-02 executing a joint agreement with the US Department of the Interior -US Geological survey for the continued operation of one stream -flow gauging station at 371h Street NW. Adopted Resolution No. 593-02 approving a revocable permit for the Mayo Clinic (Harwick Building) for the trash enclosure that encroaches into the public right-of- way along Fourth Avenue SW. The employment relationship of Councilmembers Senjem and Stobaugh was noted. Adopted Resolution No. 594-02 executing the.lease agreement with Chafoulias Companies for 102,924 square feet of property located south of the Hangar Bar & Grill for an office building and lease agreement with the Hangar Bar & Grill to include an additional 23,769 square feet adjacent to current lease. 6564 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item D-8 I See at end of D-items. D-9 Approving Resolution No.595-02 awarding the contract for Project No. J-2036, "2002 Terminal Building Basement Storage Floor Slab- Rochester International Airport" to A.B. Systems, Inc. in the amount of $84,000.00. D-10 I Approved Accounts Payable in the amount of $3,961,163.81 and Investment Purchases of $8,000,916.67. D-11 I Adopted Resolution No. 596-02 approving the Wetland Delineation and Replacement Plan for 50'h Avenue NW and 55`h Street NW. D-12 I Authorized the Police Department to accept the donation of the AED training device from the National Center for Early Defibrillation. D-13 I Adopted Resolution No. 597-02 amending the Comprehensive Traffic and Parking Resolution in the following respects: I. Add Paragraph (12) of Section A, "Angle Parking", to read: (12) Third Street NW, on the south side, from First Avenue to Second Avenue. II. Add Paragraph (3.55) to Section G, "One -Way Street & Alleys", to read: (3.55) Third Street NW on the south side from First Avenue to Second Avenue. D-14 Adopted Resolution No. 598-02 approving the City/Owner Contract with R.L. Hexum & Associates and Elcor Construction, Inc. for Project No. J-5030 "Watermain & Associated Filling for the Street Cross -Section to Provide Adequate Cover Needed Above the Watermain, to serve the Maine Street Development." D-15 Adopted Resolution No. 599-02 authorizing execution of the Development Agreement with Forbrook Bigelow Development for Manor Woods North First Development. D-16 Adopted Resolution No. 600-02 authorizing execution of the Development Agreement with Joel Bigelow & Sons Enterprises, Inc. for the Kingsbury Hills Development. D-17 Adopted Resolution No. 601-02 accepting voluntary participation in the Regional Storm Water Management Plan for Northside Car Wash, Infinity Office Building and the Airport Office Building. D-18 Adopted Resolution No. 602-02 approving the City/Owner Contract with Payne Company and Winona Mechanical, Inc. for Project No. J-5021 "Basic Construction in Century Hills Townhomes Fourth". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6565 Agenda Item D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 Adopted Resolution No. 603-02 approving the City/Owner Contract with Arcon Development, Inc. and Arcon Construction, Inc. for Project No. J-5025 "Basic Construction in Summit Pointe Third". Adopted Resolution No. 604-02 authorizing execution of the Development Agreement with RJY Development, Inc. for the Salem Heights Development. Adopted Resolution No. 605-02 adding Paragraph (303.3) to Section B, "No Parking Zones" of the Comprehensive Traffic and Parking Resolution to read: (303.3) Cassidy Drive NE on the east side of the street, from Viola Road to Emerald Hills Subdivision from 7:00 am to 4:00 pm school days only. Adopted Resolution No. 606-02 executing an agreement with ISD #535 Community Education contract from July 1, 2002, until June 30, 2003. Adopted Resolution No. 607-02 requesting the Commissioner of the Minnesota Department of Transportation to conduct a speed zone study on 60th Street SW from Highway 63 to 11th Avenue SW. Adopted Resolution No. 608-02 authorizing execution of Change Order #1 with Gillig Corporation for the purchase of up to eight buses under Federal Transportation Administration project #MN-03-0076, MN-90-X131, MN-90-X142 and MNDOT Project #81242, to increase by $63,240. Adopted Resolution No. 609-02 authorizing the advertising of bids for Project No. M2-33, (J7707) "Sanitary Sewer to serve six lots in Osjor Estates Third Subdivision". Adopted Resolution No. 610-02 authorizing the execution of Design Engineering Service Agreement with WHKS & Company for Project No. M2-33, (J7707) "Sanitary Sewer to serve lots 1-3 and lots 11-13 in Osjor Estates Third Subdivision." Adopted Resolution No. 611-02 executing a Contribution Agreement with Western Walls for Public Improvements to serve Rose Harbor Area. (J9749) Adopted Resolution No. 612-02 authorizing the advertising of bids for Project No. M1-34, (J9795) "Sanitary Sewer and Watermain to serve the Graham Property in Section 6 of Marion Township". Adopted Resolution No. 613-02 entering into a lease agreement with Bryce and Brenda DeCook for farming rights on City land located at the Rochester International Airport running through December 31, 2005. Adopted Resolution No. 614-02 awarding the contract, pending receipt of the DM&E permit, Project No. M2-20 (J7705) "Sanitary Sewer connection from MH 03/0117 to MH 03/0143 (DM&E Crossing south of 19th Street NW and east of CSAH #22) to Winona Mechanical in the amount of $53,163.95. 6566 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item D-31 D-32 M Adopted Resolution No. 615-02 awarding the contract for Project No. M2-20 (J4953) "Construct Pedestrian Facilities along Rocky Creek Drive NE between Northern Valley Drive NE and North Broadway" to C.G. Construction in the amount of $70,148.00. Adopted Resolution No. 616-02 claiming a 30-foot wide public utility easement related to the Willow Creek Sanitary Sewer Trunkline. Councilmember Evans questioned the sound permit application for Angela Pelowski. In question was the length of time and volume of the music being played. Councilmember Evans moved, Hanson seconded to approve the submitted miscellaneous activities with the Pelowski permit limited to four consecutive hours of music to be determined by the applicant. Ayes (6), Nays (0). Motion carried. GAMBLING — TEMPORARY Honors Choirs of SE MN 1001 141h St NW Rochester, Mn. 55901 Raffle at Holly Spirit Church 11/23/02 5455 50th Ave NW Southeastern MN Center for Independent Living, Inc. 2720 North Broadway Rochester, MN 55906 Raffle 11/09/02 & 11/10/02 Rookies Sports Grill & Bar 1517 16th St. SW Rochester, MN 55902 LIQUOR — ON SALE TEMPORARY American Hellenic Education & Progressive Association (Order of AHEPA) 203 West Center St. Rochester, Mn. 55902 Octoberfest at Graham Arena 10/4/02 SIDEWALKS — CEMENT Rochester Plumbing & Heating 2728 7th St NW Rochester, Mn. 55901 MASTER PLUMBER Karim Esmailzadah DBA Hussein Associated 2130 South Broadway, Rochester, MN 55904 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 'CITY OF`ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6567 Agenda Item 1 SOUND AMPLIFICATION Mayo Staff Appreciation Party 9/21/02 1055 Plummer Circle SW Rochester, Mn. 55902 Minnesota Bible College Christian Event for Youth 10/18/02 to 10/19/02 Various Locations — RCTC — Athletic Club — Recreation Lanes — Prairie Walls & Golf Dome Angela Pelsowski 712 6 h Ave. SE Rochester, MN 55904 Birthday Party 9/28/02 12:00 Noon until 10:00 PM at Eastwood Park, HWY 14 East The Salvation Army 20 1 st Ave NE Rochester, Mn. 55906 Outdoor Concert 9/29/02 5:00 PM to 8:00 PM Jill Grunwald 1833 Northern Valley Dr NE Rochester, Mn., 55906 Surprise Birthday Party 9/29/02 5:00 PM to 9:00 PM MISCELLANEOUS CITY ACTIVITIES Pace Dairy Foods 2700 Valleyhigh Dr NW Rochester, Mn. 55901 Cancer Walk 10/6/02 9:00 AM to 12:00 Noon Mayo Medical School Students Race/Walk for Charity 10/12/02 8:00 AM to Noon Silver Lake Park & Bike Path Resurrection Council #13027 1546 5T" Ave SW Rochester, Mn. 55902 Pro — Life Parade 9/20/02 12:00 Noon to 3:30 PM St. Pius Catholic Church to Planned Parenthood Century High School 2525 Viola RD NE Rochester, Mn. 55906 - Homecoming Parade 10/4/02 4:00 PM to 5:00 PM RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY -OF ROCHESTER, MINNESOTA 6568 Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item E-1 E-2 A Hearing for Requests for Funding for the 2003 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 Bonnie Stauff, Assistant Director and teacher Alternative Dispute Resolution Services (ADR) Julie Roenigk and George Smith Arc Southeastern Minnesota Charles Applequist Child Care Resource and Referral, Inc. (CCRR) Patrick Gannon Rochester Area Disabled Athletics and Recreations, Inc. (RADAR) Lorretta Verbout, Director Southeastern Minnesota Center for Independent Living (SEMCIL) Laurie Brownell and Elaine Rodgers Vicki Dalle-Molle, Alice Adamson, Zumbro Valley Mental Health Center and Kristin Mannix, Diversity Council. Y Mentor Program Teresa Byland Ability Building Center (ABC) Steve Hill, Director Olmsted County HRA (OCHRA) Dave Groteluschen, President of the OCHRA. Having no one further wishing to be heard, President Hunziker closed the hearing. A second hearing is scheduled for October 7, 2002, at 7:00 P.M. after which the Council will approve the appropriation of the 2003 CDBG funds. A Hearing on Vacation Petition #02-08 by the Professional Skaters Association and the American Board of Physical Medicine and Rehabilitation to vacate the right-of- way of Allegro Park Lane SW located south of 2"d Street SW and west of Wimbledon Hills Drive SW. 1 RECORD OF OFFICIAL PROCEEDINGS 'OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6569 Agenda Item E-3 E-4 Wishing to be heard was Wade DuMond, Yaggy Colby Associates. He noted agreement with the conditions and was available for any questions. He also was speaking for E-3 referring to the same property. Mitzi Baker, Planning Department and Mike Nigbur, Public Works suggesting the condition A be changed to include "The Utility Easement for that portion of the right- of-way be provided by the owners." Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Marcoux seconded, to adopt Resolution No. 617-02 approving Vacation Petition #02-08 by the Professional Skaters Association and the American Board of Physical Medicine and Rehabilitation with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Utility Easement Vacation Petition #02-10 by Anthony Tarvested and Carole Shulman to vacate a utility easement located between Lot 1 and Lot 2, Block 1 and also utility easement platted along the right-of-way frontage for Estates Lane within Lot 1-3, Country Club Estates. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Stobaugh seconded, to adopt Resolution No. 618-02 approving Utility Easement Vacation Petition #02-10 by Anthony Tarvested and Carole Shulman. Ayes (6), Nays (0). Motion carried. A Hearing on Monarch Heights Special District Ordinance and Re -zoning. Wishing to be heard was Wade DuMond, Yaggy Colby Associates representing the developer. Mr. DuMond addressed issue of Floor Area Ratio for the retail section of the development. The developer is requesting a .40 ratio for the retail area. Their concept is to create an entry into the development with the commercial area. The types of businesses and styles would promote small, main street, pedestrian friendly services. He stated the housing was diverse with many different types of housing throughout the development. The businesses planned for this development would be lower traffic with the emphasis on services for the area residents. It was agreed by Mr. DuMond and the City Attorney that the five findings on page 113 was the basis for the Special District for which the council was to make their decision on this item. Mr. DuMond stated they were in agreement with most of the conditions and explained the proposed plans for where the different types of homes would be placed in the area. The trails were also eliminated because staff could not support them as public trails but may be added later by the developer as private trails. He went over the GDP and the guide for development starting on page 121. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6570 Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item Mr. DuMond referred to meetings with the City, County, and State personnel addressing the traffic issue. Discussion included using Traffic Improvement Distric Funds for three critical intersections enhanced by this development. (Marion Road and Eastwood Road, 40th Avenue SE and Hwy 14 and Hwy 14 and Marion Road) Some monies are available in conjunction with other development projects in the area. Nothing was concluded at these meetings. Mr. DuMond also stated that they were not in agreement with the change from B-1 to B-5 for the retail area. It was discussed that the area can be zoned B-1 with specific B-5 standards, which the developer and staff agrees with. The number of housing units planned for this development was a major issue for the Council. Wishing to be heard was Gary Mattison, 3805 20th St SE. He stated he had not been contacted about this development (outside of his own inquiries) and disagree: with the proposed access to his property on the GDP, because it prohibits him from ever developing his property. Another concern was the development east of 40th Ave. and the increase this may have on taxes. He also asked about the capabilities of city utilities to service a development of this size along Eastwood Road. It was explained that this area is being designed to handle development and the developers with various charges and fees pay the cost. Wishing to be heard was John Hanlon, 1821 11th Street SW. He stated his prop and development would be affected by this project if roads were not properly aligned, causing undeveloped areas on his property to be land -locked. He was also concerned with the high density of homes proposed for the development. Wishing to be heard was David Nelson, 2335 40th Ave. SE. He was not against development but did not want to see retail in this area. Wishing to be heard was Konnie Smith, 4214 Eastwood Road SE. Her concern was the traffic at Eastwood and 40th Ave. She feels the development would increase this and the current intersection is inadequate. Wishing to be heard was Reed Cowan, 3703 20th St SE. He stated the plan presented tonight was not the same plan presented at other informational meeting., with Yaggy Colby. He was also concerned about the cost of the development and who would have to take on the burden. Wishing to be heard was Heather Hahn, 3703 201h St SE. She stated her concern for the wildlife and the density of homes. Wishing to be heard was Mark Rieder, 1069 Golfer's Court SE. He stated the lack of infrastructure has been a major concern for not only the residents but for the city staff and planning committee. Mr. Rieder stated he could not see the public purpose for establishing this Special District as it is proposed. His other concern was the misinformation presented by Yaggy at the neighborhood meeting about the number of homes, size and scope of the development. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6571 1 Agenda Item E-5 E-6 Councilmember Stobaugh moved, Hanson seconded to table Item E-4, Monarch Heights Special District Ordinance and Re -zoning until after the hearing on E-5. Ayes (6), Nays (0). Motion carried. A Hearing on General Development Plan #188 to be known as Monarch Heights. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the developer. He stated they were in agreement with the ten conditions and was available for any questions. Wishing to be heard was Mitzi Baker, Planning Department. Ms. Baker explained where to find the criteria for staff suggested Findings of Facts in the Council packet. She also pointed out that the first criteria on Page 161 relates to compatibility. Wishing to be heard was Phil Wheeler, Planning Department. Mr. Wheeler stated that for a Special District to comply with standards it has to be consistent with the Land Use Plan. He said the proposed development's segregation of mixed uses and it's intense commercial site did not comply with the Land Use Plan. Wishing to be heard was Gary Mattison, 3805 20`h Street SE. His concern was that there is no proposed access that complements the surrounding properties. Having no one further wishing to be heard, President Hunziker closed the hearing. Counilmember Stobaugh moved, Hanson seconded, to remove E-4 from the table. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded, denying the Monarch Heights Special District Ordinance and Re -zoning (E-4) and the General Development Plan #188 to be known as Monarch Heights (E-5) and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law, and Order. Ayes (6), Nays, (0). Motion carried. A Hearing on the Amendment to the General Development Plan #148 by Badger Ridge located south of Valleyhigh Road NW, west of Superior Drive NW, east of Kenosha Drive NW and north of Monroe Drive NW. Wishing to be heard was Jamie Shandley, representing the applicant, Badger Development LLC. She stated the amendment was needed for public right-of-way that was not on the original GDP to accommodate lower density housing. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Evans seconded, to approve the Amendment to the General Development Plan #148 by Badger Ridge with one condition and instructed the City Attorney to prepare Findings of Facts and Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. President Hunziker moved to Item E-9 dealing with the same property. 6572 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item E-9 E-7 A Hearing on the Land Subdivision Permit (Preliminary Plat) #02-37 to be known as Badger Ridge Fourth Subdivision by Badger Development II LLC located south of Valleyhigh Road NW, west of superior Drive NW, east of Kenosha Drive NW and north of Monroe Drive NW. Wishing to be heard was Jamie Shandley, representing the applicant, Badger Development II LLC. She stated they were in agreement with the first three conditions with a change in the fourth that parking will be allowed on both sides of the street. Condition four to read "No Parking Signs must be posted within 50 feet of the intersection of Superior Drive and Kenosha Drive along both sides of the roadway consistent with city policies." Councilmember Hanson moved, Evan seconded, to approve the Land Subdivision Permit (Preliminary Plat) #02-37 to be known as Badger Ridge Fourth Subdivision by Badger Development II LLC with 4 conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II, Incentive Development Preliminary Plan #02-35 by Bethel Lutheran Church located at 810 Third Avenue SE. Wishing to be heard was Roger Toulouse, 1508 21st Avenue NE representing the Bethel Building Team. He explained the churches request for the need to exceed the Floor Area Ratio and stated they were in agreement with the conditions. Councilmemer Stobaugh voiced his concern about the number of parking spaces and the removal of twelve homes from the area. He would like to see a neighborhood meeting. Wishing to be heard was Roger Nelson, 856 5th Avenue SE. He presented a map and pictures of the area. He felt these samples showed the character of the neighborhood. He was concerned about losing the natural characteristic of the area. He stated he was not opposed to the addition but to the increased parking area. Wishing to be heard was Mark Bilderback, 839 71h Avenue SE. Mr. Bilderback stated his disapproval of the expansion. Richard Freese, Public Works Director, recommended the council include a tenth condition being, "The proposed traffic circulation for the parking lot shall be modified consistent with previous comments provided by the Public Works Department'. This would not change the number of parking stalls just the traffic circulation in the lot and off/on 91h Street SE. Wishing to be heard was Susan Waughtel, 856 5th Avenue SE, representing the Southeast Settlers Neighborhood. She was opposed to the increase parking sp because it inhibited the flow of pedestrian traffic to nearby stores and parks. 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 Adjourned Meeting No. 25 — September 16, 2002 073 1 Agenda Item E-8 E-9 E-10 E-11 After discussion with the council feeling there should be a neighborhood meeting to discuss the project, Councilmember Marcoux moved, McConnell seconded, to reopen the hearing and move to continue to October 7, 2002. Ayes (4), Nays (2). Motion carried. Evans and Hanson voted nay. A Hearing on Land Subdivision Permit (Preliminary Plat) #02-36 to be known as Prairie Crossing by the Nelson Companies located north of 65th St. NW, East of TH 52 in the Prairie Crossing Special District. Wishing to be heard was Andy Masterpole, McGhie and Betts representing the applicant. He stated they were in agreement with the six conditions but wanted to address number four. The developer, neighborhood, council and city staff have met and any issues will be worked out in the Development Agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, Evans seconded to approve land Subdivision Permit (Preliminary Plat) #02-36 to be known as Prairie Crossing by the Nelson Companies with six conditions as revised and instructed the City Attorney to prepare Findings of Facts, Conclusions of Law and Order. Ayes (6), Nays (0). Motion carried. See after Item E-6. A Hearing on Final Plat #02-47 to be known as Salem Heights Townhomes CIC #206 by RJY Development located north of Salem Road /CSAH 22, west of Woodland Drive and south of Bell Oaks Lane SW. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the developer. He was in agreement with the conditions with the exception of number five. He noted there would be no parking anywhere on the streets. Staff was in agreement to delete this condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Marcoux seconded, to adopt Resolution No. 619-02 approving Final Plat #02-47 to be known as Salem Heights Townhomes CIC #206 by RJT Developers with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #02-48 to be known as Weatherstone North by Weatherstone Development LLC located along the south side of Middlebrook Drive NW and west of 501h Avenue NW. Wishing to be heard was Andy Masterpole, McGhie and Betts representing the developer. He stated they were in agreement with the conditions and was available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. 6574 RECORD OF OFFICIAL, PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 Agenda Item E-12 E-13 E-14 Councilmembers Hanson moved, Stobaugh seconded to adopt Resolution No. 621- 02 approving Final Plat #02-48 to be known as Weatherstone North by Weatherstone Development LLC with three conditions. Ayes (6), Nays (0). Motion carried. A Hearing to consider the Petition request for Residential Permit Parking Zone #6 (Edison School Area) on 700 block of 3rd Street SW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded to adopt Resolution No. 622-02 establishinq Residential Permit Parking Zone #6 (Edison School Area) on the 700 block of T Street SW. Ayes (6), Nays (0). Motion carried. A Hearing to consider the Making of Local Improvement Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 14th Street NW to 15th Street NW". Wishing to be heard was Keith Davis, 1803 Northern Height Lane NE. He stated his approval of the project. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 623- 02 approving Local Improvement Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 141h Street NW to 15th Street NW". Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 14th Street NW to 15th Street NW". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Stobaugh seconded, to adopt Resolution No. 624- 02 approving assessments for Local Improvement Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 14th Street NW to 15th Street NW". F-1 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 625-02 authorizing the City Clerk to advertise for bids and conduct a bid opening on October 16, 2002 for the Local Improvement Project No. M2-23 (J-4002) "Construct Storm Sewer in Valleyhigh Drive from 14th Street NW to 151h Street NW". Ayes (6), Nays (0). Motion carried. G-3a An Ordinance Amending and Reenacting Subparagraph C of Paragraph 1 of Clause B of Subdivision 2 of Section 62.1001 of the Rochester Code of Ordinances, Relating to the Distinction between a Quarry and a Substantial Land Alteration, was given a second reading. Councilmember Evans moved, Marcoux seconded to adopt the Ordinance as read. Ayes, (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 — September 16, 2002 6575 Agenda Item G-3b G-3c G-3d n An Ordinance Rezoning certain Property from the R-1 Zoning District to the B-4 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmember Hanson moved, McConnell seconded to adopt the Ordinance as read. Ayes (5), Nays (1). Motion carried. Stobaugh voted nay. (Amendment #02-10 by K & P Properties) An Ordinance Annexing to the City of Rochester Approximately 19.65 Acres of Land Located in a Part of the Northeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota was given a second reading. Councilmember Hanson moved, McConnell seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Petition #02-18 by BBB Development LLC) An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Sixth Street NW, Platted in Manor Woods West Third Subdivision, Manor Woods West Fourth Subdivision and Manor Woods West Ninth Subdivision to Manor Drive NW was given a second reading. Councilmember Hanson moved, McConnell seconded, to adopt the Ordinances as read. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmember Hanson moved, Stobaugh seconded, to recess the meeting to 4:00 P.M. on September 19, 2002 for the canvassing board. Ayes, (6), Nays (0). Motion carried. Deputy City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6576 Recessed Meeting No. 26 — September 19, 2002 Agenda Item M D-1 D-2 D-3 President John Hunziker called the meeting to order at 4:00 P.M. with the following members present: Councilmembers Dennis Hanson, Marcia Marcoux, Jean McConnell. Absent: Councilmembers Mack Evans, David Senjem, Walter Stobaugh. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 626-02 declaring the winners of the September 10, 2002 State Primary Election and the September 18, 2002, Recount for Fifth Ward Councilmember as Bob Nowicki and Randy Staver. Ayes (4), Nays (0). Motion carried. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 627- 02 awarding the project for Project No. SW-M001 (J-2273) "Pedestrian Bridges at 55th Street N.W. and 50th Avenue N.W." to American Plumbing Company of Winona, Inc. at a cost of $1,342,390.90. Ayes (4), Nays (0). Motion carried. Councilmembers Hanson moved, McConnell approved a Single Raffle License to Century High School for a fundraiser for September 27, 2002. Ayes (4), Nays (0). Motion carried. Having no further business, Councilmembers Hanson moved, McConnell seconded, to adjourn the meeting. Ayes (4), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6577 Agenda Item A-1 B-1 D-1-49 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 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, Jean McConnell, Walter Stobaugh. Absent: Dennis Hanson, Marcia Marcoux, David Senjem. John Hunziker called to the attention of the Councilmembers and the audience a project that has been started by Mike and Stephanie Podulke to construct a stained glass window in memory of the tragic events of September 11, 2001. The Podulke's have scheduled times over the next several weeks at the Olmsted County 4-H Building to allow anyone who is interested to participate. President Hunziker urged all residents to take part in placing and making a portion of the window. It will then be placed at the Mayo Civic Center once completed. Councilmembers McConnell moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the September 4, 16 and 19, 2002, Council meetings. Approved the donation of a 1999 Ford Crown Victoria, Unit 1261, designated by the City as surplus property, to the Rochester Neighborhood Resource Center and the use of $1000 from the "Peace Fund" for the automobile. Approved the request and contribution of $1000 from the 2002 Contingency Account to update a housing study previously done in 1998. Adopted Resolution No. 628-02 entering into a lease agreement with the Rochester Art Center for the construction of a new Art Center Building on the Mayo Civic Center Property. Approved the appointment of election judges for the State General Election to be held on November 5, 2002. See at end of D Items. Approved the transfer of the On -Sale (Exclusive) Liquor License from Shenanigans, Inc. to SRSA, Inc. DBA CJ's Midtown Lounge at 8 South Broadway. Approved the application from Rochester Suites Hotel, LLC DBA Staybridge Suites at 1211 Second Street S.W. for an On -Sale Wine and On -Sale 3.2 Beer License. See at end of D Items. D-10 Approved Accounts Payable in the amount of $10,715,440.49 and Investment Purchases of $13,497,411.67. D-11 Adopted Resolution No. 629-02 authorizing the City Clerk to advertise for bids for one 2002 truck mounted aerial life and one 2002 fiber glass utility body for the Public Works Department. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6578 Regular Meeting No. 27 — October 7, 2002 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 Adopted Resolution No. 630-02 approving the bid from Clarey's Safety Equipment, Inc. for four Thermal Imaging Cameras at a cost of $56,760.00 for the Rochester Fire Department. Adopted Resolution No. 631-02 approving the Rochester Fire Department's requ to apply for funding from the Minnesota Department of Health for the smoke detector program. Adopted Resolution No. 632-02 authorizing the payment of the fine of $3,800 from O.S.H.A. to the Rochester Park and Recreation Department for failure to remove asbestos from the roof of the Hawthorne Hills Golf Course Building. Adopted Resolution No. 633-02 approving the Environmental Impact Statement for the 100 Acre Woods Development. Adopted Resolution No. 634-02 approving the Rochester Police Department applying for and accepting a free LOCATER System to aid in the recovery of missing and abducted children as offered through the National Center for Missing and Exploited Children. Approved the amendment to RCO 85A.19 Curfew Ordinance to extend the termination of the curfew ordinance to September 30, 2004, and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 635-02 authorizing the execution of the Contribution Agreement with Del American for the sanitary sewer construction across the Grandville at Cascade Lake project site. Adopted Resolution No. 636-02 authorizing the payment to Glenn Miller in the amount of $1,250 for settlement of the right-of-way easement for Project No. J- 4950 "Second Street Bike Path." Adopted Resolution No. 637-02 authorizing the payment of $8,500 to Bonnie J. Fuchs for settlement of the right-of-way easement for Project No. J-9676 "Sanitary Sewer Trunkline Construction West of TH63 south to 181h Avenue S.W." Adopted Resolution No. 638-02 amending Paragraph (217.1) of Section B "No Parking Zones" to read: (217.1) 16th Street SE on the north side of the street from Marion Road to end of street, at all times. Adopted Resolution No. 639-02 approving a City/Owner Contract with RJY Development and Winona Mechanical, Inc. for Project No. J-9878 "Basic Construction in Salem Heights Townhomes CIC#206, formerly known as Salem Heights First Subdivision". [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6579 ' Agenda Item D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 Adopted Resolution No. 640-02 approving a City/Owner Contract with Hartman Farms, Inc. and Friedrich Construction, Inc. for Project No. J-5032 "Watermain & Hydrant to Serve Circle 19 Plaza First Replat". Adopted Resolution No. 641-02 approving a City/Owner Contract with Forbrook- Bigelow Development LLC and Road Constructors, Inc. for Project No. J-9877 "Basic Construction in Manor Woods North First Subdivision". Adopted Resolution No. 642-02 authorizing a Pedestrian Facilities Agreement with Mark and Kristi Mulholland for Lot 10, Elmcroft Third Addition. Adopted Resolution No. 643-02 authorizing a Pedestrian Facilities Agreement with Schaeffer Academy, Inc. for Lot 2 & 3, Block 1, Providence Addition. Adopted Resolution No. 644-02 approving a City/Owner Contract with Michael Younge Development and Road Constructors, Inc. for Project No. J-9764 "Basic Construction in Lincolnshire North Fifth Subdivision". Adopted Resolution No. 645-02 approving a City/Owner Contract with Joel Bigelow & Sons Enterprises, Inc. and Griffin Construction Company, LLP for Project No. J- 5023 "Basic Construction in Kingsbury Hills Third". Adopted Resolution No. 646-02 approving a City/Owner Contract with Mayo Clinic and Weis Construction for Project No. J-5041 "Watermain & Hydrant Relocation/Extension to Serve the Mayo Incinerator Facility on Lot 2, Block 1, L.C. Industrial Park Subdivision". The work relationship of Walter Stobaugh to the Mayo Foundation was noted. Adopted Resolution No. 647-02 accepting voluntary participation in the City's Regional Storm Water Management Plan by Kwik Trip, 2335 26th Street N.E.; Norandex Property, Airport Industrial Park; and Ryan Apartment Building, Hindermann Fitzgerald 1st Replat. Adopted Resolution No. 648-02 approving a City/Owner Contract with Hartman Farms, Inc. and Friedrich Construction for Project No. J-9806 "Sanitary Sewer, Storm Sewer and Watermain to Serve Superior Ridge Phase I (Sta. 10+00 Sta. 18+50)" Adopted Resolution No. 649-02 adding Paragraph XXIII to Section N "School Speed Zones" to the Comprehensive Traffic and Parking Resolution Book, to read: a) 50th Avenue NW from Nicklaus Drive to 55th Street, School Days Only, up to 15 MPH below the posted limit. Adopted Resolution No. 650-02 awarding the contract to Winkels Electric, Inc. in the amount of $108,000 for Project No. J-6323 "Traffic Signals at Intersection of CSAH 22 and 41 st Street N.W." RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6580 Regular Meeting No. 27 — October 7, 2002 Agenda Item D-34 Adopted Resolution No. 651-02 executing the Assignment of Lease for MJ Properties (assignor) and PETT, LLC (assignee) between 7th Street and 61h Avenue N.W. used for parking and access purposes. D-35 Adopted Resolution No. 652-02 approving the replacement plan and replacement of the wetland through the purchase of wetland bank credits from Olmsted County for the Regional Storm Water Management Facility in the Hillcrest Subdivision and execution of a purchase agreement for the needed wetland credits from Olmsted County in the amount of $4,923.78. D-36 D-37 D-38 D-39 D-40 D-41 D-42 D-43 D-44 Adopted Resolution No. 653-02 executing the Development Agreement with David T. Bishop for the Southridge Subdivision. Adopted Resolution No. 654-02 approving the execution of the Development Agreement with Payne Development, Inc. for the Northern Heights East Commercial area. Adopted Resolution No. 655-02 authorizing the City Administrator to negotiate and the Mayor and City Clerk to execute the Joint powers Agreement with the State of Minnesota for the acquisition of right-of-way for the TH52 interchange at 75th Street N.W. and related road improvements at 85th Street N.W., 651h Street N.W. and Bandel Road. Adopted Resolution No. 656-02 authorizing execution of TH52 Cooperative Construction Agreement No. 83586 with the Minnesota Department of Transportation. Adopted Resolution No. 657-02 approving the City/Owner Contract with Bigelow & Sons Enterprises, Inc. and Elcor Construction, Inc. for Project No. J-5035 "Sanitary Sewer to Serve Harvestview" Adopted Resolution No. 658-02 approving the City/Owner Contract with Hayden Properties, LLC and Elcor Construction, Inc. for Project No. J-5006 "Basic Construction in Stonebrooke". Adopted Resolution No. 659-02 approving the Highway Maintenance Agreement between the City of Rochester and Olmsted County for the period of July 1, 2002, to June 30, 2003, for the maintenance of 10.65 miles of County highways within the City of Rochester. Adopted Resolution No. 660-02 adding Paragraphs (323), (323.1), (280), (241.6), (305.6), and (202.1) to Section B "No Parking Zones" and revising Paragraphs (24.1), (133), and (218) of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book. Adopted Resolution No. 661-02 awarding the contract for Project No. M2-24 (J- 7706) "Sanitary Sewer to Serve Fire Station #3 (Grandville at Cascade Lake)' to Fraser Construction in the amount of $98,459.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6581 1 Agenda Item D-45 KI. D-47 D-48 D-49 Adopted Resolution No. 662-02 authorizing a Quit Claim Deed to the Mayo Clinic Rochester for an 18-foot wide parcel of an alley behind the Ronald McDonald House, the remainder of which has been previously vacated. The work relationship of Walter Stobaugh to the Mayo Foundation was noted. Approved the following Public Utility resolutions: Resolution No. 663-02 approving a contract agreement with The L.E. Myers Company for line construction services for Transmission Line Q4 re-route (Cascade Lake) at a cost of $210,168.01. Resolution No. 664-02 approving a contract agreement with CC VIII Operating, LLC DBA Charter Communications for Joint Pole Attachment License Agreement based on unit pricing. Resolution No. 665-02 approving a contract agreement with Onvoy, Incorporated for Joint Pole Attachment License Agreement based on unit pricing. Resolution No. 666-02 approving Public Utility Board joining with more than 2000 public power systems across the country designating the week of October 6-12, 2002, as Public Power Week. Adopted Resolution No. 667-02 approving Contract Amendment No. 5 with Black & Veatch Corporation for engineering services related to the Engine Generator Replacement Project at the Water Reclamation Plant in the amount of $189,000. Adopted Resolution No. 668-02 approving the revocable permit for Stonehedge Townhome Association for Flag Poles within the median on Stonehedge Drive N.E. Adopted Resolution No. 669-02 approving the revocable permit for a canopy and projecting sign for Victoria's Restaurant at the Kahler Hotel along 1 st Avenue S.W. and West Center Street. Ayes (4), Nays (0). Motion carried. Councilmember Evans asked to discuss the Sound Amplification Permit application for Legions of Boom Entertainment to allow amplified music in the skate park area. He and other Councilmembers expressed their concern over recent complaints of noise to residents when activities are held in the Silver Lake Park Area. Councilmember Evans suggested that Legions of Boom Entertainment run on a trial basis for one time from 6:00-9:00 PM in May 2003. After the event if no complaints had been received, the Council would reconsider the application on a once per month basis for May through September 2003. Councilmember Evans moved, Stobaugh seconded, to approve the licenses and miscellaneous activities with the change to the Legions of Boom Entertainment permit request. Ayes (4), Nays (0). Motion carried. STS RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 Agenda Item Circus Rochester Shrine Club — Rochester -Osman Shrine Circus — November 9 & 10, 2002. Gambling — Temporary Paws & Claws Humane Society — Raffle — November 15, 2002 Elton Hills School PTSA — Bingo on October 24, 2002 and Raffle on May 16, 2003. Sewer and Drains Michael O'Byrne Construction, Wykoff, Minnesota Sidewalks — Cement Michael O'Byrne Construction, Wykoff, Minnesota Sound Amplification Legions of Boom Entertainment — Skate Park at Silver Lake Park — May through September 2003 — 6:00-10:00 PM Union Local 21 — Peace Plaza Rally — October 22, 2002 -12 Noon to 8:00 PM Miscellaneous Mayo High School — Homecoming Parade — September 27, 2002 — 4:00- 5:00 PM (prior approvals: Hunziker, McConnell, Hanson, Marcoux) Holy Spirit School — Road Race — October 26, 2002. D-9 Terry Adkins, City Attorney, told the Council that the amended RCO 93.01 that he prepared did not include the suggestions from Rochester Transportation Service to require a franchisee to have specific days and times on the fixed route and the requirement for reporting gratuities. If the Council wanted to include those items in the ordinance, they need to so indicate. Councilmembers Stobaugh moved, McConnell seconded, to approve the amendment to RCO 93.01 Public Transportation Franchise without specific days and times on the fixed route and no requirement for reporting of gratuities and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (0). Motion carried. E-1 A Continued Hearing on the Distribution of Community Development Block Grant Program Funding for 2003. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve the Distribution of Community Development Block Grant Program Funding of $680,000 for 2003 as noted in the Request for Council dated October 7, 2002. Ayes (4), Nays (0). Motior carried. 1 RECORD OF'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6583 Agenda Item E-2 E-3 E-4 E-5 C A Hearing to Consider the Making of Local Improvement Project No. M2-33 (J- 7707) "Sanitary Sewer to Serve Lots 1-3 and Lots 11-13 in Osjor Estates 3rd Subdivision Located on Oslo Court N.E.". Staff noted that the Haverhill Town Board has voted to not enter into an Orderly Annexation agreement with the City of Rochester for the southern most six lots in the Osjor Estates Subdivision. Staff recommended that the hearing be continued until such time that the City receives a petition for direct annexation of the property to be served by the project, but not later than the City Council's 2"d regularly scheduled meeting in March 2003. Councilmembers Stobaugh moved, Evans seconded, to continue the hearing on the Making of Local Improvement Project No. M2-33 (J-7707) "Sanitary Sewer to Serve Lots 1-3 and Lots 11-13 in Osjor Estates Td Subdivision Located on Oslo Court N.E." after the City receives a petition for direct annexation of the property to be served by the project, but not later than the City Council's 2"d regularly scheduled meeting in March 2003. Ayes (4), Nays (0). Motion carried. Richard Freese, Public Works Director, noted that there will be no bid opening in October 2002 since the project is continued until a petition for direct annexation is received. A Hearing on Annexation Petition #02-19 by Charlyne Burks to annex land located north of East Circle Drive, east of 16th Avenue NE and 35th Street NE and is a part of the Stonehedge Development. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Annexation Petition #02-19 by Charlyne Burks and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (4), Nays (0). Motion carried. A Hearing on Annexation Petition #02-20 by Victor Scott to annex land located south of 751h Street NW and along the east side of TH52. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Annexation Petition #02-20 by Victor Scott and instructed the City Attorney to prepare the required Ordinance for adoption. Ayes (4), Nays (0). Motion carried. A Hearing on Annexation Petition #02-21 by Joel Bigelow & Sons Enterprises, Inc. to annex land located south of 551h Street NW and east of 60th Avenue NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Annexation Petition #02-21 by Joel Bigelow & Sons Enterprises, Inc. and instructed the City RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6584 Regular Meeting No. 27 — October 7, 2002 Agenda Item Attorney to prepare the required Ordinance for adoption. Ayes (4), Nays (0). Motion carried. E-6 A Hearing on Final Plat #02-54 to be known as South Pointe Ninth by Randy Reynolds located along the south side of 60th Street SW, west of TH63 and along South Pointe Drive SW. Christi Clark, McGhie & Betts, representing the applicant asked that the hearing be continued to the October 21, 2002, meeting. No one further wished to be heard at this time. Councilmembers McConnell moved, Stobaugh seconded, to continue the hearing on Final Plat #02-54 to be known as South Pointe Ninth by Randy Reynolds to the October 21, 2002, meeting. Ayes (4), Nays (0). Motion carried. E-7 A Hearing on Final Plat #02-53 to be known as Superior Ridge Townhomes Replat CIC #207 by Hartman Farms located along the west side of Superior Drive NW and north of Heritage Place NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 670- 02 approving Final Plat #02-53 to be known as Superior Ridge Townhomes Replat CIC #207 by Hartman Farms with four conditions. Ayes (4), Nays (0). Motion carried. E-8 A Hearing on Final Plat #02-52 to be known as Rochester Technology Park Fourth by the City of Rochester located along the south side of Technology Drive NW and west of Valleyhigh Road NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 671• 02 approving Final Plat #02-52 to be known as Rochester Technology Park Fourth by the City of Rochester with one condition. Ayes (4), Nays (0). Motion carried. E-9 A Hearing on Final Plat #02-37 to be known as Badger Ridge Fourth Subdivision b) Badger Development II LLC located south of Valleyhigh Road NW, west of Superioi Drive NW, east of Kenosha Drive NW and north of Monroe Drive NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 672-02 approving Final Plat #02-37 to be known as Badger Ridge Fourth Subdivision by Badger Development II LLC with five conditions. Ayes (4), Nays (0). Motion carried. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6585 Agenda Item E-10 E-11 E-12 E-13 E-14 A Hearing on Final Plat #02-50 to be known as Circle Drive Business Center Fourth by Badger Development LLC located along the west side of Superior Drive NW and north of 261h Street NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 673 02 approving Final Plat #02-50 to be known as Circle Drive Business Center Fourth by Badger Development LLC with two conditions. Ayes (4), Nays (0). Motion carried. A Hearing on Final Plat #02-51 to be known as Badger Village by Badger Development II LLC located south of Valleyhigh Road NW, north of Monroe Drive NW and along the west side of Superior Drive NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 674-02 approving Final Plat #02-51 to be known as Badger Village by Badger Development II LLC with two conditions. Ayes (4), Nays (0). Motion carried. A Hearing on Vacation Petition #02-13 by Badger Development LLC to vacate a drainage utility easement located between Lots 4 & 5, Block 1, Badger Ridge Third Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 675- 02 approving Vacation Petition #02-13 by Badger Development LLC with five conditions. Ayes (4), Nays (0). Motion carried. A Hearing on Final Plat #02-02 to be known as Summit Pointe Third, by Arcon Development located south of 651h Street NW, east of 501h Avenue NW and west of the NW Water Tower. Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She noted their agreement with the five conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 676- 02 approving Final Plat #02-02 to be known as Summit Pointe Third, by Arcon Development with five conditions. Ayes (4), Nays (0). Motion carried. A Hearing to Receive Public Comment on the Closure of 11th Avenue S.W. intersection with CSAH 16. Wishing to be heard was Jim Smith, 105 Golden Gate Avenue, Belvedere, California. Mr. Smith represented a partnership with three lots abutting 11th RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6586 Regular Meeting No. 27 — October 7, 2002 Agenda Item Avenue S.W. He said that, from the materials he has read over the past several weeks, the problem is too much truck traffic on 111h Avenue entering and exiting County Road 16. Mr. Smith said that his property is leased to an RV dealership whose clients come off TH 63, onto County Road 16 and onto 11th Avenue. If the intersection is closed, they will need to go around the block on LC Drive S.W. These are two lots developable and they plan to develop the third lot within the next several years. Those lots would also need access. In 1989-1991 LC Industrial Park was created by Olmsted County. In order to make a legal intersection at County Road 16 and 11th Avenue, the County said the street intersection had to be moved 66 feet to the west. He was told at that time that it was a legal intersection. Mr. Smith has talked with MnDot and was told that upgrading the TH 63 off -ramp is not in MnDot's 20-year plan. The Olmsted County Engineer, Mike Sheehan, has told him that it's not in the County's 5-year CIP. Mr. Sheehan said the Airport development may have some effect what does happen after the five years due to the possible closure or realignment of County Road 16. Mr. Smith noted the reasons the City has requested 11th Avenue S.W. be closed. (1) It is sub -standard (which Mr. Smith disagrees with). (2) It will be changed when the off -ramp of TH 63 and the bridge is updated. (3) Increased safety problems. Mr. Smith noted that since 1998 there has been one accident at the corner of 11th Avenue and County Road 16. He said that the big issue is that Waste Management will be constructing a transfer station that will increase the density of heavy-duty truck traffic. He asked that the Council not approve the closure of 111h Avenue at this time. Waste Management, under an agreement with the City, will have to use LC Drive to enter onto County Road 16. Other business he had talked with did not have a problem with using the same route for their heavy-duty trucks. He asked the Council to allow 111h Avenue to remain open for lighter traffic such as cars and pickups and restrict heavy truck use rather than constructing a cul-de-sac that may have to be removed in approximately five years. Mr. Smith asked that in the future property owners be noticed for any hearing that would close this intersection. Wishing to be heard was William A. Fitzgerald, 2505 Lennox Court S.W., representing MTB Properties, owner of the parcel of land in the northwest corner of the intersection. He agreed with the comments made by Mr. Smith. Mr. Fitzgerald said that they purchased their property in July 2001. They were unaware of the pending closure at the time of purchase. He referenced materials sent by him to the Council noting the problems that the City of Minneapolis had with a similar matter. Mr. Fitzgerald noted that if they would put a business on their property, people are not going to drive the length of LC Drive to get to the business. He had solutions to the problem. (1) Reconsider the decision to close the intersection of 111h Avenue and County Road 16. (2) Check with Olmsted County to see if an agreement can be reached to close the intersection if the County will give access to County Road 16 to Mr. Smith and Mr. Fitzgerald. (3) Change the truck traffic to LC Drive. Wishing to be heard was Richard Merkley, 6010 11th Avenue S.W. He also wanted to note that he had received no prior notice of the hearing. Mr. Merkley noted that he is a resident along 11th Avenue S.W. for the last 9 years; he has seen a tremendous increase of vehicle traffic along 11th Avenue S.W. Along with the development, there have been improvements to the street over those years. He fell RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 6587 L, Agenda Item E-15 E-16 that 111h Avenue S.W. is a vital artery to the southwest corridor which has been heavily developed. If the intersection is closed, a tremendous safety issue will be caused. Wishing to be heard was Steve Yaggy, owner of a business and new residence on 11th Avenue S.W. He said that he uses the intersection on a continual basis each day with a semi, car and pickup. He noted that "if not broken, don't fix it" was the philosophy he follows. He said the intersection is not dangerous and is the slowest point in all of County Road 16. The alternate route of LC Drive will allow cars to go much higher speeds. Mr. Yaggy also said that the alternate route will not provide enough road for eastbound trucks to accelerate up to speed or to get a truck safely off County Road 16. He was not opposed to only cars using 11th Avenue and all truck traffic using LC Drive. Wishing to be heard was William A. Fitzgerald, 2505 Lennox Court S.W. He asked Public Works to keep in mind that if the trucks use the alternate route, they will be traveling a greater distance on County Road 16 and would be traveling a greater speed. Her said that acceleration lanes or right -turn lanes might be a good idea. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to refer the matter back to staff for further study. Ayes (4), Nays (0). Motion carried. A Hearing on Type III, Phase I, Appeal #02-05 of the Rochester Zoning Board of Appeals denial on September 4, 2002, of Type III, Phase I Variance Request #02- 27 by Mark Jereczek to allow for construction of accessory structure located on Lot 8, Toogood's Subdivision. Staff noted that Mr. Jereczek has requested that the hearing be continued to the October 21, 2002 meeting so that Councilmember Hanson may be present. No one wished to be heard at this time. Councilmembers Stobaugh moved, Evans seconded, to continue to October 21, 2002, the hearing on Type III, Phase I, Appeal #02-05 of the Rochester Zoning Board of Appeals denial on September 4, 2002, of Type III, Phase I Variance Request #02-27 by Mark Jereczek to allow for construction of accessory structure located on Lot 8, Toogood's Subdivision. Ayes (4), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #02-38 to be known as New River Subdivision by New River Fellowship located north of TH14 West, south of the railroad tracks at the westerly end of the North Frontage Road. Having no one wishing to be heard at this time, Councilmembers McConnell moved, Stobaugh seconded, to approve Land Subdivision Permit #02-38 to be known as New River Subdivision by New River Fellowship with five conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 Agenda Item E-17 E-18 A Hearing on Land Subdivision Permit #02-41 by Hawkridge, LLC to be known as Hawk Ridge located west of 22"d Avenue SE, east of 20th Avenue SE and south of Pinewood Road SE. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street N.W., part owner of Hawkridge LLC. He showed the General Development Plan to be known as Hawk Ridge. He said that water comes from the top of the hill in Schoenfelder's 2nd Addition and flows into the back yards of residents. They plan to eliminate the water flow through catch basins into several areas. They are agreeing to all of the conditions except condition #5. Mr. Bigelow is asking that condition #5 be changed to read "building permits shall be phased" keeping the same ADT. The change would allow them to work the market building units in demand rather than all the same type of units at one time. Mitzi Baker, Planning Department, asked if they could do multiple final plats on the property. She noted that phasing of the building permits does not allow for the Planning Department to track them and they have consistently objected to such phasing in. It was noted that the phasing in process has not been used or agreed to in the past. Gary Neumann, Assistant City Administrator, said that either Building or Safety or Administration will track the units. Wishing to be heard was Steve Bailey, 2504 22nd Avenue S.E. He asked the size of the storm sewer. He said that storm sewer will run into the ditch. In the past, the ditch has overflowed into the street. Mike Nigbur, Public Works Department, operates at 7.5 CFM volume of water coming through the pipe at the current time. There are different alternatives for runoff that are being worked at this time with Mr. Bigelow's company. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Land Subdivisioi Permit #02-41 by Hawkridge, LLC to be known as Hawk Ridge with 8 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. A Hearing on General Development Plan #189 by Western Walls, Inc. to be known as Manorwood Lakes located south of 7th Street NW and east of Lake Street NW. Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz asked why there were two roads into the park area. Mitzi Baker, Planning Department, noted that the one road was for the maintenanc( of the water. It is not for public access. 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. 27 — October 7, 2002 6589 Agenda Item E-19 E-20 E-21 C Councilmembers Evans moved, McConnell seconded, to approve General Development Plan #189 by Western Walls, Inc. to be known as Manorwood Lakes with 4 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #02-39 by RJY Development to be known as Salem Heights Estates Subdivision located north of Salem Road SW and south of the Bell Oaks Lane SW. Wishing to be heard was Bob Larget, Yaggy-Colby, representing the applicant. He noted that they were in agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to approve Land Subdivision Permit #02-39 by RJY Development to be known as Salem Heights Estates Subdivision with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #02-40 by Denny Peterson to be known as Pine Ridge Estates Sixth Subdivision located east and north of Ponderosa Drive SW and Pine Ridge Estates Fourth Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Land Subdivision Permit #02-40 by Denny Peterson to be known as Pine Ridge Estates Sixth Subdivision with 9 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. A Continued Hearing on Type III, Phase II Incentive Development Preliminary Plan #02-35 by Bethel Lutheran Church located at 810 Third Avenue S.E. Wishing to be heard was Ray Geiger, Suite 19 Architects, 2001 University Avenue S.E., Minneapolis, representing the applicant. He noted their agreement of the nine conditions. He noted that there will be a single entrance on 9th Street and an entrance on Third and Fourth Avenues adjacent to each other. There has been additional landscaping added on the south and landscaping and setback of 40 feet on the east. They have removed three or four additional parking spaces to allow for more trees, Wishing to be heard was Mark Bilderback, 839 Seventh Avenue S.E. Mr. Bilderback objected to the expansion of the parking lot. He noted his concern with all the housing being taken in the southeast area. These are affordable starter homes for many individuals. Mr. Bilderback said that southeast Rochester is being turned into a parking lot. He asked the Council to preserve the older neighborhoods and the affordable homes in them. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6590 Regular Meeting No. 27 — October 7, 2002 Agenda Item Councilmember Senjem arrived at 8:27 P.M. Wishing to be heard was Pastor Norman Wahl, 2100 Alice Lane N.W. He said that the Church is passionate about being a good neighbor. They are a regional church with a strong base in the neighborhood. They host many groups, self-help support groups and group activities from the neighborhood. While the architect suggested that leaving the neighborhood was one of the possibilities, they are committed to southeast Rochester and plan to stay there. Wishing to be heard was Roger Nelson, 856 Fifth Avenue S.E. He noted his agreement with the comments from Mark Bilderback on the issue of too many parking lots and the loss of the houses. He also felt that other alternatives and options could yet be explored such as parking across Third Avenue at the K-Mart Ic or the Hawthorne School lot on Fourth Avenue. The walking distance would be no greater than the distance from the proposed parking lot to the church. Wishing to be heard was Chris Zabel, 4120 Valley Drive N.W. Mr. Zabel said that the present parking arrangement with K-Mart has allowed them to use the lot free c charge. However, liability issues are a concern if someone is hurt in the K-Mart lot as well as the Hawthorne School lot. Walking across Third Avenue is very dangerous even with the stop lights provided. People want to cross as close as possible and sometimes do so in the middle of the block. The first design of the parking lot was for 300 spaces. The neighborhood residents and City said put in buffers and landscaping. They did so and feel that they have met the needs of botl as well as the people they serve. Wishing to be heard was Gary Gruhl, 841 215t Street S.E., President of Bethel Church. He said that the process was not easy for Bethel to go through. The long- range plan was well thought out. The church was mortgaged to be able to buy the houses on the land. They chose to stay in the southeast area of the City and continue their ministry and mission there. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 677- approving Type III, Phase II Incentive Development Preliminary Plan #02-35 by Bethel Lutheran Church with nine conditions deleting condition #1(b). Ayes (3), Nays (2). Motion carried. Councilmembers McConnell and Stobaugh voted nay. F-1 Councilmembers Stobaugh moved, Evans seconded, to adopt the Findings of Fact. Conclusions of Law, and Order as prepared by City Attorney Terry Adkins for Monarch Heights Special District and General Development Plan supporting denial of the request. Ayes (5), Nays (0). Motion carried. F-2 Award of the contract for Project No. M2-20 (J-7203) "Removal of 11th Avenue S.W. Intersection Access at CSAH 16 and Replacement With 111h Avenue S.W. Cul-de- sac" was tabled. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 — October 7, 2002 659 1 Agenda Item G-2a G-2b G-2c G-2d G-2e G-3a G-3b An Ordinance Creating and enacting Sections 93.055, 93.056, 93.057 and 95.051 to the Rochester Code of Ordinances, and Amending and Reenacting Sections 93.01 and 93.05 of the Rochester Code of Ordinances, Relating to the Regulation of Public Transportation Franchises and Taxicabs, was given a first reading. An Ordinance Amending and Reenacting Section 85A.19 of the Rochester Code of Ordinances, Relating to the Re -Adoption of the City's Curfew Ordinance was given a first reading. Councilmembers McConnell moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (5), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Stobaugh moved, McConnell seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 57.22 Acres of Land Located in a Part of the Northwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (North of East Circle Drive and East of 16th Avenue N.E. and 35th Street N.E. - Annexation Petition #02-19) An Ordinance Annexing to the City of Rochester Approximately 35.44 Acres of Land Located in a Part of the Northwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 75th Street NW on the East Side of Highway 52 - Annexation Petition #02-20) An Ordinance Annexing to the City of Rochester Approximately 48.01 Acres of Land Located in a Part of the West Half of the Northwest Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 551h Street N.W. and East of 601h Avenue N.W. - Annexation Petition #02-21) An Ordinance Amending and Reenacting Subdivision 5 of Section 125A.03 of the Rochester Code of Ordinances, Relating to the Number of Off -Sale Liquor Licenses Which May Be Issued To One Person, was given a second reading. Councilmembers McConnell moved, Senjem seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 Zoning District to the R-2 Zoning District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. (Zoning District Amendment #02-08) r -i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA &59Z Regular Meeting No. 27 - October 7, 2002 Agenda Item J-1 Having no further business, Councilmembers McConnell moved, Evans seconded, to adjourn the meeting. Ayes (5), Nays (0). Motion carri , c2g6&'/"W"'�J City Clerk 1 L J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6593 Agenda ' Item A-1 B-1 D-1-35 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Stobaugh moved, Hanson seconded, to approve the following consent agenda items. Approved the minutes of the October 7, 2002, Council meeting. Approved the appointment of John Jibben to the Public Utility Board to run to January 2007. Adopted Resolution No. 678-02 approving the contract with Orion Reimbursement Services, Inc. for recovery of eligible expenses related to an underground storage tank remediation from 1989 to 1997. Adopted Resolution No. 679-02 approving the Chester Heights Sanitary Sewer Connection Agreement with Olmsted County, approving the Orderly Annexation Agreement with Marion Township for the Chester Heights area with the revised legal description and as revised by Marion Township, approve amendments to RCO 77 to permit reduced monthly charges due to use of a single meter and to not include a 50% non-resident surcharge and instructed the City Attorney to prepare the required ordinance for adoption. Approved the Fire Department to solicit for funds for the Firefighter Combat Challenge to be held in conjunction with the 2003 Rochesterfest celebration. Adopted Resolution No. 680-02 approving the execution of the amendments to the Purchase Agreement between the City of Rochester and JDS Uniphase Corporation on behalf of the City. Adopted Resolution No. 681-02 approving the Development Assistance Agreement with DeWitz Corporation for the single-family home construction in Rose Harbor Estates Subdivision. Directed the City Attorney to prepare an ordinance amending and correcting the legal description found in Ordinance No. 3515 regarding the rezoning of approximately 8.16 acres in the Northwest Quarter of Section 9-107N-14W, Olmsted County. D-9 Approved amending RCO 110 Moving Picture Licenses insuring approvals from the Fire and Health Departments and setting the annual license fee at $50.00 and instructing the City Attorney to prepare the required ordinance for adoption. D-10 See at end of D Items RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6594 Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item D-11 Adopted Resolution No. 682-02 setting a hearing on November 18, 2002 for assessing unpaid accounts for Weeds, Snow, Debris, Tree Removal, Impound Towing, Secure Property, Water Service, Sidewalk Repair and Electric/Sewer/Water. D-12 Approved the following licenses and miscellaneous activities: Heating Contractor General Parts, Inc., Bloomington Master Installer Jeff Stake, Oakdale Sewer and Drains Griffin Construction LLP, Chatfield Daniel DeCook, Rochester Hodgman Drainage Company, Inc., Claremont Siqn Installation Econo Services, Stewartville Elements, Inc., White Bear Lake Sound Amplification Olmsted County Green Party — Press Release & Rally — Peace Plaza — 9:2 to 11:00 AM — October 19, 2002 (prior approvals from Evans, Hunziker, McConnell Hanson) Miscellaneous Crossroads College — Live Drive-Thru Nativity — 6:30-9:00 PM — December 6, 7, 8, 2002 Downtown Business Association — Rescue Santa from 100 First Avenue Building — 6:30 PM — November 29, 2002. D-13 Approved Accounts Payable in the amount of $3,783,137.24 and Investment Purchases of $7,005,230.00. D-14 Approved an amendment to the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify property located north of East Center Street, south of First Street NE, west of Civic Center Drive and east of the alley between Broadway and First Avenue NE as Central Development Core -Central Business District and instructed the City Attorney to prepare the required ordinance for adoption. D-15 Adopted Resolution No.682A-02 referring the petition for sanitary sewer and watermain extension to the Public Works Department for a feasibility study, authorizing staff to develop engineering service agreements for Project No. J-9789 "Extension of Sanitary Sewer and Watermain in 33`d Street SE in Welch Subdivisio Area" and referring the petition to the Marion Town Board. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6595 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 Adopted Resolution No. 683-02 authorizing Engineering Service Agreements with Bonestroo, Rosene, Anderlik & Associates for Project No. M1-27 (J-9788) "Sanitary Sewer and Watermain Extension to Serve the Thomas Subdivision Area" and Project No. M1-28 (J-9789) "Sanitary Sewer and Watermain Extension to Serve the Welch Subdivision Area". Adopted Resolution No. 684-02 authorizing execution of the needed quit claim deed for the Jorgensen Property for Highway 63 South right-of-way. Adopted Resolution No. 685-02 awarding a contract to Elcor Construction in the amount of $78,139.50 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. 686-02 executing a Pedestrian Facilities Agreement with Gary E. Kline & Julie A. Kline for Lot 1, Block 1, Plaza 41 Northwest. Adopted Resolution No. 687-02 executing a Pedestrian Facilities Agreement with JDS Uniphase for Lot 1, Block 1, Rochester Technology Park Fourth. Adopted Resolution No.688-02 approving a City/Owner Contract with JDS Uniphase and Knutson Construction Services, Inc. for Project No. J-5046 "Watermain & Stormsewer to Serve JDS Uniphase (Lot 1, Block 1, Rochester Technology Park Fourth)". Adopted Resolution No. 689-02 approving voluntary participation in the City `s Regional Storm Water Management Plan for Ranfranz Funeral Home. Adopted Resolution No. 690-02 awarding the contract to Nietz Electric, Inc. for Project No. J-6001 (formerly J-6323) "Traffic Signal at Intersection of CSAH 22 & 191h Street N.W." in the amount of $171,500. Adopted Resolution No. 691-02 authorizing execution of the conveyance of the needed right-of-way for Parcel 32, along Second Street S.W., for the Highway 52 Project. Adopted Resolution No. 692-02 authorizing execution of the conveyance of the needed right-of-way for Parcel 26, along 40th Street S.W., for the Highway 52 Project. Adopted Resolution No. 693-02 authorizing execution of the conveyance of the needed right-of-way for Parcel 14, along 40th Street S.W., for the Highway 52 Project. Adopted Resolution No. 694-02 authonzinq execution of the conveyance of the needed right-of-way for Parcel 5, along 48t Street S.W., for the Highway 52 Project. 6596 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-10 E-1 Adopted Resolution No. 695-02 authorizing execution of the conveyance of the needed right-of-way for Parcel 49, along St. Bridget Roadway S.E., for the Hig[ 52 Project. Adopted Resolution No. 696-02 approving the execution of the Development Agreement for the Christ Lutheran Church Subdivision. Adopted Resolution No. 697-02 approving Change Orders 1 and 2 with Brent Anderson Associates in the amounts of $2250 and $3100 for Civic Center Ramp Restoration. Adopted Resolution No. 698-02 authorizing execution of a Contribution & Pedestrian Facilities Agreement with the James D. Crawford Trust for Lot 1, Block 1, Airport Industrial Park. Adopted Resolution No. 699-02 approving the Development Agreement for the Hundred Acre Woods Development with Fred Schmidt. Adopted Resolution No. 700-02 approving the revocable permit to allow the placement of a retaining wall in the public right-of-way abutting Lot 1, Block 5 Sunnydale Second Subdivision for Stonebrooke Development. Adopted Resolution No. 701-02 awarding the contract for Project No. M2-23 (J- 4002) "Construct Storm Sewer in Valleyhigh Drive from 14th Street N.W. and 15th Street N.W." to Swenke Company in the amount of $59,299.00 for Alternate B. Adopted Resolution No. 702-02 approving a Revocable Permit for Stonehedge Land Development for trees within the median and roadways, flag poles and proj signing and revoke the previously approved permits for such. Adopted Resolution No.703-02 approving a revocable permit for Gilded Star Ga at 324 South Broadway for a projecting sign over the public sidewalk. Ayes (7), Nays (0). Councilmember Evans stated that no action on the 2003 renewal of the Pawn America Minnesota LLC Currency Exchange License be taken. The other Councilmembers agreed. A Continued Hearing on Final Plat #02-54 to be known as South Pointe Ninth by Randy Reynolds located along the south side of 60th Street SW, west of TH63 and along South Pointe Drive SW. Brent Svenby, Planning Department, presented the following language to clarify the third condition: "The owner shall execute an ownership declaration and maintenance agreement with the City of Rochester for the outlots prior to recording of the final plat." RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6597 FJ Agenda Item E-2 Wishing to be heard was Christi Clark, McGhie & Betts, representing the applicant. She noted their agreement with the conditions and the revised language of condition #3. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 704- 02 approving Final Plat #02-54 to be known as South Pointe Ninth with three conditions including the rewording of condition #3. Ayes (7), Nays (0). Motion carried. Councilmember Hanson and John Eckerman from the Chamber of Commerce accompanied 14 individuals on October 2, 2002, from the martial arts studio in Rochester to Shihung City, Republic of Korea, for a sister city relationship. The city was incorporated in 1988 and has a population of approximately 350,000 residents. Councilmember Hanson and Mr. Eckerman presented plaques to Mayor Chuck Canfield from the Mayor and the major political party of Shihung City expressing their appreciation for the exchange of business, culture and athletics. A Hearing on Annexation Petition #02-22 by R.C. Properties and Bamber Valley Farms Partnership to annex land located along the north side of Salem Road SW and along the east side of Westhill Drive SW. Wishing to be heard was Don Johnston, 1221 Westhill Drive S.W. Mr. Johnston asked if the property that the First Baptist Church purchased will be annexed as well. President Hunziker answered yes. His other concern was whether the developers are qualified to develop the type of property located in this area. President Hunziker stated that the developers first annex property and then the Council is presented with the development plan to approve. He noted that the developer has developed other areas of this section of town. Mr. Johnston asked for information on other property developments by the developer, which will be supplied by the Planning Department. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted that the developer and the Rochester Town Board Chair have worked together to schedule a neighborhood meeting to inform the adjoining property owners of the proposed development and what it will entail. The meeting has been scheduled for Wednesday evening, October 23, 2002. Wishing to be heard was Brenda Dicken, Chair, Rochester Town Board. She noted that the access to Westhill Drive, a township road, can only be made through the township and the driveway permits will need to be issued through the township. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Annexation Petition #02-22 by R.C. Properties and Bamber Valley Farms Partnership and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item E-3 E-4 E-5 A Hearing on Final Plat #02-07 to be known as Stonebrooke by Hayden Properties, LLC located along the north side of Sunnydale Lane SE, south of College View Drive. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. He stated that they were in 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 Nos. 705- 02 and 706-02 approving Final Plat #02-07 to be known as Stonebrooke by Hayder Properties, LLC with two conditions and approving the Substantial Land Alternation activity. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-16 to be known as Kingsbury Hills Third by Bigelow Enterprises located east of 60th Avenue NW and south of the Kingsbury Hills Development. Wishing to be heard was Josh Johnson, McGhie & Betts, representing the developer. He noted agreement with the four conditions and stated that he has been working with John Harford from the Planning Department on the wetland issues. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution Nos. 707- 02 and 707A-02 approving Final Plat #02-16 to be known as Kingsbury Hills Third by Bigelow Enterprises with four conditions and approving the Substantial Land Alteration Activity. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-56 to be known as River Falls Townhomes CIC #197 by Robert Fleming located along the north side of River Falls Road NW and along the west side of Kenosha Drive NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 70 02 approving Final Plat #02-56 to be known as River Falls Townhomes CIC #197 by Robert Fleming with three conditions. Ayes (7), Nays (0). Motion carried. E-6 A Hearing on Final Plat #02-57 to be known as Century Hills Commercial Park by Payne Company located along the west side of East Circle Drive and south of 281h Street NE. Wishing to be heard was Kyle Skov, Yaggy-Colby Associates, representing the developer. All three conditions have been agreed to. The developer told Mr. Skov that he spoke with Public Works about the 150-foot control access along Lot 7 that could be reduced if there are no banks with drive -through facilities or fast-food restaurants in this development. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6599 1 Agenda Item E-7 E-8 E-9 Mike Nigbur, Public Works Department, said that he spoke with the developer, Mr. Payne. The 150-foot restriction is dependent upon the traffic coming out of the cul- de-sac. If the banking drive -through or fast-food drive-in are not put in the development, the controlled access can be cut to 75 feet. A development agreement would need to be amended for that purpose. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 709-02 approving Final Plat #02-57 to be known as Century Hills Commercial Park by Payne Company with three conditions. Ayes (7), Nays (0). Motion carried. A Hearing to Receive Testimony on the Establishment of Development District No. 25, the Adoption of the Development District Tax Increment Financing District No. 25-1 and Adoption of the Related Tax Increment Financing Plan. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 710-02 approving the Establishment of Development District No. 25, the Adoption of the Development District Tax Increment Financing District No. 25-1 and Adoption of the Related Tax Increment Financing Plan. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-11 by Mayo Clinic Rochester to vacate the east -west public alley located south of Second Street SW, east of Ninth Avenue SW and west of the Ronald McDonald House. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 711-02 approving Vacation Petition #02-11 by Mayo Clinic Rochester. Ayes (7), Nays (0). Motion carried. The working relationship of David Senjem and Walter Stobaugh with the Mayo Foundation was noted. A Hearing on Type III, Phase II Incentive Development Preliminary Plan #02-44 by The Ronald McDonald House of Rochester to permit an addition on property located at 850 Second Street SW. Wishing to be heard was Mark Jasmin, HRA Architects, working for the Ronald McDonald House. He noted that they were in agreement with the first six conditions. He asked if condition #7 could be changed to allow for only 10 shrubs and one under story tree rather than 20 shrubs, three under story trees and one over story tree. Mr. Jasmin said that the area could not support the original number of plantings. He noted agreement with staff from the Planning and Public Works Departments. Mr. Jasmin also requested waiver of the Final Plan. Brent Svenby, Planning Department, indicated 10 additional shrubs and one under story tree would be acceptable to the Planning staff. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6600 Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item E-10 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 712-02 approving Type III, Phase II Incentive Development Preliminary Plan #02-44 by The Ronald McDonald House of Rochester with six original conditions, amending condition #7 to include 10 shrubs and one under story tree and approved waiving the Final Plan. Ayes (7), Nays (0). Motion carried. The working relationship of David Senjem and Walter Stobaugh with the Mayo Foundation was noted. A Hearing on Type III, Phase I Appeal #02-06 by Olmsted County to appeal the Planning Commission decision to deny Variance application #02-31 to vary the length of parking stalls for a surface parking lot proposed south of Fourth Street SE, east of Third Avenue SE. Wishing to be heard was Mike Cousino, Olmsted County Public Works Director. H asked the Council to approve the variance for the length of the parking stalls to allow for more landscaping and larger trees to provide shade, more green space and less runoff from stormwater. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Evans seconded, to grant Variance application #02-31 for Olmsted County for a surface parking lot proposed south of Fourth Street SE, east of Third Avenue SE., and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-11 A Continued Hearing on Type III, Phase I, Appeal #02-05 of the Rochester Zoning Board of Appeals denial on September 4, 2002, of Type III, Phase I Variance Request #02-27 by Mark Jereczek to allow for construction of accessory structure located on Lot 8, Toogood's Subdivision. Wishing to be heard was Mark Jereczek, 1621 Sixth Avenue S.W. Mr. Jereczek said that in 1975 he purchased the adjoining lot. He plans to build a house in the future on the extra lot; his son would take his present lot. Mr. Jereczek said that he would like to build a garage at this time on the extra lot to be used for accessory storage. He has already poured a slab; he said he was told that there was no permit needed for a slab. He does not want to homestead the property as it would cost him $1600 to have it surveyed which would cause a hardship. Wishing to be heard was Linda Miller, 620 161h Street S.W. Ms. Miller noted that she owns a total of three lots in the subdivision. She is opposed to the variance for Mr. Jereczek. Ms. Miller said that he and his sons would be storing cars in the accessory garage. She felt that the property may become unslightly. r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6601 1 Agenda Item E-12 E-13 Councilmembers Hanson moved, Evans seconded, to continue to November 4, 2002, the hearing on Type III, Phase I, Appeal #02-05 of the Rochester Zoning Board of Appeals to further look into the issue. Ayes (7), Nays (0). Motion carried. A Hearing on Land Subdivision Permit #02-46 and Design Modification #02-08 by ABBCO to be known as Northern Heights Villas on property located along the south side of East Circle Drive and is north of Glendale Hills Drive NE. Wishing to be heard was Kyle Skov, Yaggy-Colby Associates, representing the developer. He noted agreement with the eight conditions and understood that condition #9 would be dropped if a Design Modification is approved for the plat. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Land Subdivision Permit #02-46 and Design Modification #02-08 by ABBCO to be known as Northern Heights Villas with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Harvestview Special District located along the north side of 55th Street NW and along the west side of 50th Avenue NW. Wishing to be heard was Carol Galde, 5247 Lexington Place N.W., representing the neighbors in Lexington Place. She noted that although the proposed development is less that one-half block from Lexington Place, none of the neighbors in her area were notified. Ms. Galde said that their backyards face 55th Street and so the development is essentially in their backyards. She was opposed to the development saying that there are ample retail and office buildings in the area and there is a shopping mall less than one mile away; another strip mall is not needed. She was opposed to apartments and row houses saying that the neighbors are afraid the housing will be low income and bring many problems to the area. Mr. Galde said that she and her neighbors were aware that something would be built across 551h Street but assumed that it would be single-family home neighborhoods. Wishing to be heard was Amy Adams, 5259 Lexington Place N.W. Ms. Adams said that one of the main concerns was the lack of notification of the proposed development. She said that the literature says business district and/or apartments. She asked when it was decided what the development would be, when it was built? Mayor Canfield answered that when you have an intersection of two arterials, you are allowed to put some type of business there. She said that the Douglas Trail is located there as well as some holding ponds or lakes being built. She wondered if the Trail and ponds would be maintained for all. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the developer. He said that the special district is needed because it is a unique area. There are two main arterial roads, a bike trail, two large churches and the possibility of a grade school. He said it is a great spot for a town center, a mixed -use area, specific types of uses and building setbacks. Mr. Masterpole described the area as RECORD OF.OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6602 Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item owner -occupied condos, not apartments, some retail under some of the condos, angle parking off 55th Street within a landscaped area. There would be no single- family homes. All condos will be affordable, market rate structures providing a diverse housing area. The lake to the north will provide the focal point of the development. Bigelow has not et bought the entire area bordered by 55th Street on the north, 50th Street and 60' Avenue and the Douglas Trail. The remainder of the land would be single-family houses with a smattering of condos and townhomes. Wishing to be heard was Mike Paradise, Bigelow Enterprises, Byron. He assured the Council that the development was not low-income but rather owner -occupied affordable condos. He said the market is demanding this type of housing for peoplE that don't want to mow lawns but homes that are priced the same as other homes down the road. There will be an active association and professional landscapers will care for the area. Condos will be built over the retail stores. Rather than lower the price of the homes in the surrounding neighborhoods, it is thought that this development will raise the value of homes. Wishing to be heard was Amy Adams, 5259 Lexington Place N.W. She said that she was glad she had attended the hearing this evening as it gave her a different perspective on the proposed development. Brent Svenby, Planning Department, noted that in addition to property owners within 500 feet of the proposed development, all neighborhood association representatives were sent notice of the hearing. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Harvestview Special District and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember McConnell said that he could not vote for the proposed development until such time as more information is provided to the neighborhoods. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. E-14 A Hearing on General Development Plan #190 by Bigelow Enterprises to be known as Harvestview located along the north side of 55th Street NW and along the west side of 50th Avenue NW. Wishing to be heard was Andy Masterpole , McGhie & Betts, representing the developer. He noted agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Hanson moved, Marcoux seconded, to approve General Development Plan #190 by Bigelow Enterprises to be known as Harvestview with 1 LJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 — October 21, 2002 6603 Agenda Item E-15 G-2a G-2b G-2c G-2d G-2e six conditions, and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. A Hearing on Land Subdivision Permit #02-45 by Bigelow Enterprises to be known as Harvestview located along the north side of 551h Street NW and along the west side of 50th Avenue NW. Wishing to be heard was Andy Masterpole , McGhie & Betts, representing the developer. He noted agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Land Subdivision Permit #02-45 by Bigelow Enterprises to be known as Harvestview with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. An Ordinance Amending and Reenacting Subdivisions 2 and 4 of Section 77.02 of the Rochester Code of Ordinances, Relating to Charges for Wastewater Facility Connections Serving Properties Outside of the Corporate Limits, was given a first reading. (Chester Heights Orderly Annexation Area) An Ordinance Amending the Provisions of Ordinance No. 3515 which Provided for the Rezoning of Approximately 8.16 Acres of Land From the R-1 Zoning District to the B-4 Zoning District, was given a first reading. (south of 65th Street and west of 34th Avenue N.W. — Amendment #02-10 by K & P Properties) An Ordinance Amending and Re -Enacting Section 110.03 of the Rochester Code of Ordinances, Relating to the License Fee for a Moving Picture Theater, was given a first reading. Councilmembers Marcoux moved, McConnell seconded, to suspend the rules and given the Ordinance a second reading. Ayes (7), Nays (0). The Ordinance was given a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 59.13 Acres of Land Located in a Part of the East Half of Section 8, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (north side of Salem Road SW and along east side of Westhill Drive SW — Annexation Petition #02-22) An Ordinance Creating and Enacting Chapter 64M, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishment of the Harvestview Special District, was given a first reading. 1-a Steve Kvenvold, City Administrator, noted that at a Committee -of -the -Whole RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6604 Regular Adjourned Meeting No. 28 — October 21, 2002 Agenda Item J-1 meeting MnDot agreed to amend the agreement on the closing of the 7th Street access to Highway 14 keeping the access open until January 27, 2003. At that point they would put barriers across it and expect the City to complete the permanent closing in the spring. MnDot has asked for a letter or resolution that acknowledges the agreement. Mr. Kvenvold asked the Council to authorize a letter from the Mayor to MnDot indicating the agreement. The City is to notify the businesses a few weeks in advance of the closure. Councilmembers McConnell moved, Hanson seconded, to direct the Mayor to write a letter to MnDot acknowledging the agreement with MnDot leaving the 7th Street access to Highway 14 open until January 27, 2003. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Senjem voted nay. Having no further business, Councilmembers Stobaugh moved, Marcoux 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 Meeting No. 29 — November 4, 2002 6605 Agenda Item A-1 B-1 C-1 C-2 C-3 D-1-26 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, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Robert DeWitz presented a night and day picture of the Veterans' Memorial located in Soldiers Field Park from the Veterans of Southeast Minnesota to Mayor Canfield for the City of Rochester. Mayor Canfield expressed his thanks and his pride on behalf of the City for the picture, and the finest gift the City has ever received, the Memorial on behalf of veterans. Jim Block from the Early Risers Exchange Club presented the awards for Firefighter of the Year to Captain Eric Kerska and Police Officer of the Year to Officer Michael Drees. Officer Drees is a patrol officer, canine handler and training officer for the Rochester Police Department. He and his partner, Thunder, have become an important element of the Police Department and have made Rochester a safer place to live. They have successfully seized over $650,000 of illegal street drugs. Captain Kerska, with the training division of the Fire Department, delivered and oversaw a new training program including the Rapid Intervention Team and Recruit Training and has been instrumental in forming the Fire Department Honor Guard. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 713-02 referring the petition for Curb Gutter & Overlay on 15th Street S.E. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve the following consent agenda items. Approved the minutes of the October 21, 2002, meeting. Approved the appointment of David Fitzgerald and Michael Strom to the position of Firefighter in the Rochester Fire Department. Adopted Resolution No. 714-02 approving the acceptance of the Federal Fire Grant of $128,558 for portable radios and associated equipment conditional upon the City using matching funds of $38,574. Approved the following licenses and miscellaneous activities in the City. Gambling American Heart Association — Raffle at Kahler Grant Hotel — May 17, 2003 Rocky Mountain Elk Foundation — Raffle at Radisson Plaza Hotel Theatres Midwest Theatres Corporation DBA Cinamagic Stadium 12 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6606 Regular Meeting No. 29 — November 4, 2002 Agenda Item Miscellaneous Activities Buddhist Support Society — Kathina Ceremony — March from 4-H Building to Buddist Temple — November 10, 2002 D-5 I See at end of D Items. D-6 IApproved Accounts Payable in the amount of $5,225,741.48 and Investment Purchases in the amount of $8,151,503.89. D-7 Adopted Resolution No. 715-02 authorizing the advertisement of bids for Anhydrous Ferric Chloride and Liquid Aluminum Sulfate for the Water Reclamation Plant. D-8 Adopted Resolution No. 716-02 approving the purchase of the 24/7 Virtual Reference Software for the Rochester Public Library. D-9 Adopted Resolution No. 717-02 approving a Professional Services Agreement with Yaggy-Colby Associates for Project No. J-9714 "Construction of 23rd Avenue S.W. from 2"d Street S.W. to Fox Valley Drive S.W." for a cost of $85,500.00. D-10 Adopted Resolution No. 718-02 approving payment of Supplemental Agreement #1 with Elcor Construction in the amount of $153,610.00 for Project No. 6303-2-95 (J- 2245) "Rehabilitation of Concrete Pavement on 3rd Avenue S.E. from 4th Street S.E. to 12th Street S.E.". D-11 Adopted Resolution Nos. 719-02, 720-02, 721-02, and 722-02 receiving the feasibility report and scheduling a Project and Assessment Hearing for December 9, .2002, for Project No. J-7205 "Curb, Gutter & Overlay on 8'/z Avenue S.E. from 12 %2 Street to 16th Street S.E.". D-12 Adopted Resolutions Nos. 723-02, 724-02, 725-02, 726-02 and 727-02 receiving the feasibility report and scheduling a Project and Assessment Hearing for December 9, 2002, for Project No. 6304-2-02 (J-7206) "Street Reconstruction on 4th Avenue S.E. from 41h Street to 61h Street S.E. and on 5th Street S.E. from 3rd Avenue to 5th Avenue S.E. and on 51h Avenue S.E. from 5th Street to 61h Street S.E.". D-13 Adopted Resolutions Nos. 728-02, 729-02, 730-02, 731-02 and 732-02 receiving the feasibility report and scheduling a Project and Assessment Hearing for December 9, 2002, for Project No.6307-2-02 (J-7216) "Curb, Gutter & Overlay on 7th Avenue S.E. from 6th Street S.E. to street end". D-14 Adopted Resolutions Nos. 733-02, 734-02, 735-02, 736-02 and 737-02 receiving the feasibility report and scheduling a Project and Assessment Hearing for December 9, 2002, for Project No. 6301-2-02 (J-7207) "Curb, Gutter & Overlay on 15t Avenue S.E. from 4th Street S.E. to street end". D-15 Adopted Resolution Nos. 738-02 and 739-02 authorizing the submission and signing of grant contracts with MnDot for regular route operations and dial -a -ride operations for 2003 transit assistance. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 — November 4, 2002 6607 Agenda Item D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 Adopted Resolution No. 740-02 approving the extension of the City/Rochester Transportation Services contract for 2003 at a per vehicle hourly rate of $34.68 and including amendments to the ZIPS specifications regarding drivers wages, vehicle insurance and the option for van services. Adopted Resolution No. 741-02 approving the amendment to the 2002 contract with Rochester City Lines increasing the maximum reimbursement for the operating deficit to $1,353,035 subject to available State and Federal funding. Adopted Resolution No. 742-02 approving the execution of a Pedestrian Facilities Agreement with Chad L. Birch & Brenda S. Birch for Lot 7, Block 2, Airport Industrial Park. Adopted Resolution No. 743-02 approving the execution of a Pedestrian Facilities Agreement with Philip G. Soderberg and Roberta A. Soderberg for Lot 9, Paradise Acres, Olmsted County. Adopted Resolution No. 744-02 approving the execution of a Contribution Agreement with the Bowman Family LP for Lots 1 & 2, Block 1, Hall's Second Addition. Adopted Resolution No. 745-02 approving a City/Owner contract with Robert Fleming and Road Constructors, Inc. for Project No. J-5033 "Watermain to Serve the River Falls Townhomes (Lot 1, Block 5, Badger Ridge Subdivision)". Adopted Resolution No. 746-02 accepting voluntary participation in the City's Regional Storm Water Management Plan for the Birch Property, Madonna Towers Building Addition, and Pine Ridge Estates Fifth Subdivision. Adopted Resolution No. 747-02 requesting MnDot to conduct a speed zone study at 501h Avenue N.W. from Nicklaus Drive to 65th Street N.W. and at 55th Street N.W. from 50th Avenue to 800 Feet West of 52"d Avenue N.W. Adopted Resolution No. 748-02 approving the execution of a Pedestrian Facilities Agreement with Keefe Properties, LLC owner of the Hanger Bar, Lessee of real property in the NE'/4 Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota. Adopted Resolution No. 749-02 approving the execution of a Pedestrian Facilities Agreement with John J. Kuntz and Karen M. Kuntz for Lot 10, Block 18, Golden Hill Addition. Adopted the following Public Utility resolutions: Resolution No. 750-02 approving a contract with Knutson Construction Services for the General Construction of the RPU Steam Supply Project at a cost of $4,580,000.00. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6608 Regular Meeting No. 29 — November 4, 2002 Agenda Item Resolution No. 751-02 approving a contract with Central Minnesota Municipal Power Agency for the sale of 22 megawatts of plant participation electrical capacity for the 2003 season (May 1 through October 31) at a cost of $330,000.00. Ayes (7), Nays (0). Motion carried. D-5 Councilmember Evans noted that the change in location for Victoria's has taken considerable effort to achieve and he wanted to thank them for their business in Rochester. Councilmembers Evans moved, McConnell seconded, to approve the transfer of the On -Sale Intoxicating Liquor and Sunday Liquor Licenses for Victoria's of Minnesota restaurant from 21 Second Street S.W. to 7 First Avenue S.W. Ayes (7) Nays (0). Motion carried. E-1 A Hearing on Annexation Petition #02-23 by Joel Bigelow & Sons Enterprises, Inc. to annex land located along the north side of 551h Street N.W., west of 50'h Avenue N.W. and south of the Douglas Trail. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation Petition #02-23 by Joel Bigelow & Sons Enterprises, Inc. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. E-2 A Hearing to Final Plat #02-55 to be known as Lincolnshire North Fifth Subdivision by Michael Younge Development located south of Nottingham Drive N.W., west of Common Place N.W. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He said that this will be the last subdivision in Lincolnshire that Michael Younge will be developing. Mr. DuMond noted agreement with the conditions. Wishing to be heard was Fritz Kvaternik, 3682 Nottingham Drive N.W. He said that the property being discussed is directly to the south of his lot. On the south side of the cul-de-sac is a large area that has been flooded for the last two years and resembles a lake in nature. If a significant grade change is going to take place to clear the problem, where is the water going to go. His lot is a lower elevation than the property that is flooded. Wishing to be heard was Scott Salmon, 3676 Nottingham Drive N.W. Mr. Salmon said that the developer left a large pile of dirt right behind his backyard. He has tried to contact the developer but has not been successful. The dirt has caused a mudslide which has taken about six feet of his property. Behind the dirt pile is a large amount of water. He was concerned all summer about possible danger to hi; children. RECORD OF "OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 — November 4, 2002 6609 Agenda Item 1 Wishing to be heard was Chuck Sheffield, 4733 Common Place. He has had problems reaching the developer, Michael Younge, to ask him to remove Canadian Thistles from the property. The City finally reached the developer and had the problem corrected. They have had an on -going water problem behind his lot. There is a natural waterway along the tree line called a flume. There is an 8-foot elevation difference between his property and the water that has pooled into a lake. The soil under the concrete flume was undermined at one time. His concern is what the developer plans to do with the water problems. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates. He said that currently the substantial land alteration is very small piece of property that will be graded. A lot of spoil piles were left when the well -way was graded previously and is the reason for the substantial land alteration; to bring the pile back down. He indicated that he is not aware of how much was graded out before. The water does have to drain into the drainageway to the Carriage Homes development pond. The pipes have been sized to handle the flow. He was unaware of the undermining of the flume. Richard Freese, Public Works Director, said that the Lincolnshire Fifth Subdivision grading plan indicates that along the rear lot line of those homes fronting on Nottingham Drive are drainage and easements, a storm sewer shown running along the rear lot line. The storm sewer will collect and convey stormwater runoff to the east and into the storm water pond. The street elevation of the cul-de-sac in the Lincolnshire Fifth Subdivision is approximately ten feet higher than the rear lot lines of the homes fronting Nottingham. The homes to be built on the cul-de-sac appear to be designated at an elevation approximately six feet higher than and the existing homes. The flume, constructed as a part of Lincolnshire Third, has been corrected. Prior to any homes being built, the water will need to be pumped out of the area and water and storm sewer and utilities have to be installed. Mr. Freese stated that now would be a better time to install storm sewers and other utilities before the weather causes the pond to freeze and results in further problems in the spring. Wishing to be heard was Fritz Kvaternik, 3682 Nottingham Drive N.W. He asked the Councilmembers to make sure that they look at the pond before they decide to do anything. He said that the pond is approximately 480 feet length and 50 feet wide. Richard Freese, Public Works Director, suggested a possible 4th condition that would read: "The applicant agrees to amend the grading plan to the City Engineer's satisfaction if the Department determines an amendment is necessary." Wishing to be heard was Dianne Ryberg, 3567 Arbor Drive N.W. She asked the Council to please approve the plat. She is hoping to build a new home in the new subdivision in the spring. Mitzi Baker, Planning Department, asked that the following language be added to the suggested 41h condition to read: "The plat be revised to accommodate additional easements if necessary as determined by revisions to the grading plan." r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 610 Regular Meeting No. 29 — November 4, 2002 Agenda Item E-3 E-4 E-5 Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, noting his approval of the 4th condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 752-02 approving Final Plat #02-55 to be known as Lincolnshire North Fifth Subdivision by Michael Younge Development with three conditions and the fourth additional condition as suggested by Richard Freese and Mitzi Baker and Resolution No. 752A-02 approval of the Substantial Land Alteration Activity. Ayes (7), Nays (0). Motion carried. A Hearing on Preliminary Plat #02-49 by Arcon Development to be known as Boulder Ridge Third located east of Boulder Ridge Second Subdivision and north of Bandel Hills Third Subdivision. Wishing to be heard was Christi Clark, McGhie & Betts, representing the developer. She noted their agreement with the six conditions. Wishing to be heard was Andy Streit, 2415 62"d Street N.W. He asked to see the grading plan for the development. There is a hill in the rear of his property that will be taken down. He was concerned if a ridge would remain in his and the adjoining property's backyards. President Hunziker asked the developer's representative to meet with Mr. Streit. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve Preliminary Plat #02-49 by Arcon Development to be known as Boulder Ridge Third and adopt Resolution No. 753-02 approving the Substantial Land Alteration Activity. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-14 by Platinum Development Group to vacate a 20 foot wide platted alley right-of-way located adjacent to Lots 12-16, Block 5 Highland Addition and a 25.5 foot wide and reserved and excepted public highway located between Block 5 Highland Addition and Terryville Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted agreement with the one condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution No. 754-02 approving Vacation Petition #02-14 by Platinum Development Group with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on City Council initiated Right -of -Way Vacation #02-12 to vacate the alley right-of-way located east of 111h Avenue S.E., north of Third Street S.E. and south of Second Street S.E. RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 — November 4, 2002 6611 1 Agenda Item E-6 G-2a G-3a G-3b G-3c Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 755-02 approving City Council initiated Right -of -Way Vacation #02-12 with one condition. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Type III, Phase I, Appeal #02-05 of the Rochester Zoning Board of Appeals denial on September 4, 2002, of Type III, Phase I Variance Request #02-27 by Mark Jereczek to allow for construction of accessory structure located on Lot 8, Toogood's Subdivision. Councilmember Hansen noted that he had spoke with the applicant, Mr. Jereczek, and the Planning Staff. He asked Council to deny the appeal and refund the variance filing fee for Mr. Jereczek. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to deny Appeal #02-05 and Variance Request #02-27 by Mark Jereczek and refund the $200 variance filing fee to the applicant. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 49.45 Acres of Land Located in a Part of the East Half of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North side of 551n Street NW, West of 50tn Avenue NW, South of Douglas Trail — Annexation Petition #02-23 An Ordinance Annexing to the City of Rochester Approximately 35.44 Acres of Land Located in a Part of the Northwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 751n Street NW on the East Side of Highway 52 - Annexation Petition #02-20) An Ordinance Annexing to the City of Rochester Approximately 57.22 Acres of Land Located in a Part of the Northwest 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 and East of 16tn Avenue N.E. and 351n Street N.E. - Annexation Petition #02-19) An Ordinance Creating and enacting Sections 93.055, 93.056, 93.057 and 95.051 to the Rochester Code of Ordinances, and Amending and Reenacting Sections 93.01 and 93.05 of the Rochester Code of Ordinances, Relating to the Regulation of Public Transportation Franchises and Taxicabs, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 612 Regular Meeting No. 29 — November 4, 2002 Agenda Item G-3d J-1 An Ordinance Annexing to the City of Rochester Approximately 48.01 Acres of Land Located in a Part of the West Half of the Northwest Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (South of 55th Street N.W. and East of 60th Avenue N.W. - Annexation Petition #02-21) Having no further business, Councilmembers Marcoux moved, Evans seconded, to recess the meeting to 4:00 P.M. on November 8, 2002, to canvass the results of the State General Election held on November 4, 2002. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 30 — November 8, 2002 Agenda Item D-1 J-1 1 President John Hunziker called the meeting to order at 4:15 P.M. with the following members present: Councilmembers Dennis Hanson, Marcia Marcoux, Walter Stobaugh. Absent: Mack Evans, Jean McConnell, David Senjem. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 756-02 declaring the winners of the November 5, 2002, State General Election as: Mayor — Ardell F. Brede, First Ward Councilmember — Dennis Hanson, Third Ward Councilmember — Jean McConnell, Fifth Ward Councilmember — Bob Nowicki. Ayes (4), Nays (0). Motion carried. Having no further business, Councilmembers Marcoux moved, Hanson seconded, to adjourn the meeting. Ayes (4), Nays (0). Motion carried. City Clerk RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA CGjVH Regular Adjourned Meeting No. 31 — November 18, 2002 Agenda Item A-1 B-1 D-1- 28,30- 32 D-2 D-3 D-4 D-5 M. D-7 M: I D-10 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell. Absent: David Senjem, Walter Stobaugh. Councilmember Senjem arrived at 7:10. Councilmembers Marcoux moved, Evans seconded, to approve the following consent agenda items: Approved the reappointment of Mary Petersson and Michael Quinn to the Planning and Zoning Commission and Marvin Langanki to the Rochester Zoning Board of Appeals all for a three-year term running to December 2005. Approved the reappointment of Ed Hruska and Michael Smith to the Rochester Convention and Visitors Bureau for a two-year term running to January 2005. Approved the reappointment of Stephen Lalama, Linda Birnbaum and Jim Mikos (ex-officio) to the Civic Music Board for a two-year term running to December 2005. Adopted Resolution No. 757-02 authorizing execution of the revised agreement with the Rochester Convention and Visitors Bureau (RCVB) to allow the City and RCVB to share the monthly hotel/motel tax receipts on a 50/50 basis. Adopted Resolution No. 758-02 authorizing execution of a contract with Dunlap & Seeger Law Firm for Sandy Keith to provide some legislative consulting services from December 1, 2002 through May 2003 at a cost of $8000 per month. Adopted Resolution No. 759-02 approving the waiver of the advance notification for the repayment of the Industrial Revenue Bonds and approval of a revised Subordination of Mortgage and revisions to the Development Agreements as needed. (Pemstar) Adopted Resolution No. 760-02 authorizing the Mayor and City Clerk to sign a Loan Agreement with JDS Uniphase for the $250,000 of MIF funds. Adopted Resolution No. 761-02 entering a consent to assignment agreement to facilitate the financing of the Broadway Plaza Project. Approved the transfer of the Wine and On -Sale and Off -Sale 3.2 Beer licenses at the 63 Club of Minnesota, formerly called T.J.'s 63 Club, Inc. from Tami Spaid to Bruce Hameister, Daniel Tomforhde and Allan Reese. D-11 1 Approved the following licenses and miscellaneous activities: Fireworks Display Lori Line Music Concert — Mayo Civic Center — November 30, 2002 F� RECORD OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — November 18, 2002 6 615 1 Agenda Item D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 Gambling — Temporary Rochester Area Disabled Athletics & Recreation, Inc. — Raffles at Radisson Plaza Hotel on February 2, 2003 and Oakridge Apartments on May 19, 2003. Kiwanis Charitable & Educational Corporation — Raffle at Graham Arena — December 28, 2002. Public Transportation Hillman Transportation, Kasson Sewer & Drains Bearwood Homes, Rochester Approved Accounts Payable of $4,905,145.07 and Investment Purchases of $5,535,270.00. Adopted Resolution No. 762-02 approving Change Order #2 in the amount of $4,474.00 for Fire Station No. 3. Adopted Resolution No. 763-02 approving the acceptance of $25,300 in Juvenile Accountability Incentive Block Grant (JAIBG) funds and enter into a multi - jurisdictional agreement with Olmsted County for the funding of juvenile prosecutors. Adopted Resolution No. 764-02 approving amendments to the parking management contract with Republic Parking Systems of Chatanooga, Tennessee to adjust the formula for calculating the annual management fee, calculate fee on a calendar year basis and extend the contract from April 1, 2004, through December 31, 2004. Adopted Resolution No. 765-02 authorizing execution of quit claim deed for the Flicek Property for the Highway 63 South project. Adopted Resolution No. 766-02 approving a City/Owner Contract for Project No. J- 9573 "Basic Construction in Folwell Ridge Subdivision" with Platinum Development Group, Inc. and Elcor Construction, Inc. Adopted Resolution No. 767-02 approving a City/Owner Contract for Project No. J- 5020 "Basic Construction in Folwell Ridge Second Subdivision" with Platinum Development Group, Inc. and Elcor Construction, Inc. Adopted Resolution No. 768-02 approving a City/Owner Contract for Project No. J- 5029 "Basic Construction in Salem Heights Estates" with RJY Development, Inc. and Winona Mechanical, Inc. Adopted Resolution No. 769-02 approving a City/Owner Contract for Project No. J- 5018 "Basic Construction in Hundred Acre Woods" with Fred Schmidt and Elcor Construction, Inc. r- RECORD OF :OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 616 Regular Adjourned Meeting No. 31 — November 18, 2002 Agenda Item D-21 Adopted Resolution No. 770-02 approving a City/Owner Contract for Project No. J- 5047 "Basic Construction in Fox Hill Third Subdivision" with Fox Hill, LLC and Elcor Construction, Inc. D-22 Adopted Resolution No. 771-02 approving a City/Owner Contract for Project No. J- 5049 "Watermain Extension to Serve River Valley Power and Sport (Lot 2, Block 1, Cordul Commercial Park)" with Wooden Properties, LLC and Bob Braaten Construction, Inc. D-23 Adopted Resolution No. 772-02 accepting voluntary participation in the City's Regional Storm Water Management Plan by River Valley Power and Sport, Prosthetic Laboratories of Rochester and Robertson Motors. D-24 Adopted Resolution No. 773-02 approving a Pedestrian Facilities Agreement with Wooden Properties, LLC for Lot 2, Block 1, Cordul Commercial Park. D-25 I Adopted Resolution No. 774-02 approving an agreement with Bethel Lutheran Church to establish a park and ride during 2003 in the 800 block of 3`d Avenue S.E. D-26 I Adopted Resolution No. 775-02 approving the Development Agreement for the Fox Hill 3`d Development with Wynwood Company. D-27 Adopted Resolution No. 776-02 approving the execution of the document for the conveyance for right-of-way, Parcel 57A, City Property Access to 16th Street N.W. Pedestrian Bridge over Highway 52, Project No. J-2247 "Highway 52 Project" D-28 I Adopted Resolution No. 777-02 accepting the quote for modifications to the Century Hills 1st Pond from Elcor Construction in an amount of $8500.00. D-29 I See at end of D items. D-30 Adopted Resolution No. 778-02 approving the execution of the necessary documents for the conveyance of the right-of-way, Parcel 203, City Property Pedestrian Crossing under Highway 52 at Mayowood Road S.W., Project No. J- 2247 "Highway 52 Project". D-31 I Approved the request appropriating $25,000 from the 2002 Contingency Account and providing office space for the Sesquicentennial Planning committee. D-32 Adopted Resolution No. 779-02 providing for a supplemental indenture for Multifamily Housing Revenue Bonds for Weatherstone Townhomes Limited Partnership D-29 I Item pulled from the agenda. Ayes (6), Nays (0). Motion carried. E-1 I A Hearing to Consider Changes to Rochester City Lines' Fare Schedule. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — November 18, 2002 6 617 Agenda Item E-2 1 E-3 E-4 L' Having no one wishing to be heard President Hunziker closed the hearing. Councilmembers Hanson moved McConnell seconded to adopt Resolution No. 780-02 approving the new fare schedule for Rochester City Lines effective December 1, 2002. Ayes (6), Nays (0). Motion carried. A Hearing on Proposed Assessments for Sidewalk Repair, Weed Eradication, Debris Removal, Tree Removal, and Impound Towing. Wishing to be heard was Leslie Lyons, 1844 24th Street NW. Mr. Lyons asked the council to waive the assessment charge. He had not received notice of the complaint or he would have cleaned the property. Jay Maier, Park Department was present to confirm that notice was not given properly and recommended canceling the assessment. Wishing to be heard was Mildred Scherr, 816 121h St. NW. Ms. Scherr presented a letter from her attorney (Paul H. Grinde). City Attorney Terry Adkins recommended the council take no action on this property until he can review the circumstances and bring it back at a later date. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded to adopt Resolution No. 781-02 levying the Proposed Assessment for Snow Removal, Weed Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property and Sidewalk Repair with the cancellation of Leslie Lyons, 1844 24th St. NW and removal of Mildred Scherr, 816 121h St. NW to a future council meeting. Ayes (6), Nays (0). Motion carried. A Hearing on a Proposed Revision to a Business Subsidy for JDS Uniphase Corporation. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Hanson seconded to adopt Resolution No. 782-02 amending development agreement and Business Subsidy Agreement with JDS Uniphase Corporation. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #02-16 by Jerry and Jody Lingofelt to vacate a 20- foot wide utility easement south of 41 st Street NW and west of Highway 52 on Lot 2 Block 1 Rochester Marketplace. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the applicant. He noted agreement with the one condition and stated he was available for any questions. Councilmember Evans moved, McConnell seconded to adopt Resolution No. 783- 02 approving Vacation Petition #02-16 by Jerry and Jody Lingofelt to vacate a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6 6 t S Regular Adjourned Meeting No. 31 — November 18, 2002 Agenda Item 20-foot wide utility easement south of 41" Street NW and west of Highway 52 on Lot 2 Block 1 Rochester Marketplace. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Final Plat #02-20 to be known as Hundred Acre Woods by Fred Schmidt located along the north side of Eastwood Road SE, south of Trunk Highway 14 and west of Eastwood Golf course. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Marcoux seconded to adopt Resolution No. 784- 02 approving Final Plat #02-20 to be known as Hundred Acre Woods by Fred Schmidt with four conditions and Park Department recommendations. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on Final Plat #02-39 to be known as Salem Heights Estates Subdivision by Ron Yanish located north of Salem Road SW and south of the Bell Oaks Lane SW. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing developer. He noted agreement with the four conditions and stated he was available for any questions. Councilmembers Senjem moved, Evans seconded to adopt Resolution No. 784A- 02 approving Final Plat #02-39 to be known as Salem Heights Estates Subdivision by Ron Yanish with four conditions. Ayes (6), Nays (0). Motion carried. E-7 A Hearing on Type III, Phase II Incentive Development Preliminary Plat #02-50 by Church of St. Pius X on property bounded by 14th Street NW on the north, 13`h Avenue NW on the west, 12th Street NW on the south and 12`h Avenue NW on the east. Wishing to be heard was Carter Hord, Hord Architects, 80 Monroe Ave. Suite 625, Memphis. TN. Mr. Hord explained the preliminary plans for the site and stated they were in agreement with the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Hanson moved, Marcoux seconded to adopt Resolution No. 785- 02 approving the Type III, Phase II Incentive Development Preliminary Plat #02-50 by Church of St. Pius X with ten conditions. Ayes (6), Nays (0). Motion carried. F-1 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 786-( authorizing the creation of the Section 7 Storm Water District. Ayes (6), Nays (0). Motion carried. F-2 Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 787-0: authorizing the staff to acquire the Section 7 Pond facility site in an amount of $20,000 per acre from the Welch Family with a closing date of April 1, 2003. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 31 — November 18, 2002 1 Agenda Item G-3a G-3b G-3c G-3d 1-1 J-1 An Ordinance Annexing to the City of Rochester Approximately 59.13 Acres of Land Located in a Part of the East Half of Section 8, Township 106 North, Range 14 West, Olmsted County, Minnesota, was withdrawn at the applicant's request. (Annexation Petition #02-22) An Ordinance Creating and Enacting Chapter 64M, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishmen of the Harvestview Special District, was given a second reading. Councilmembers Marcoux moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Amending the Provisions of Ordinance No. 3515 which Provided for the Rezoning of Approximately 8.16 Acres of Land From the R-1 Zoning District to the B-4 Zoning District, was given a second reading. Councilmembers McConnell moved, Hanson seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (south of 65th Street and west of 34th Avenue N.W. — Amendment #02-10 by K & P Properties) An Ordinance Amending and Reenacting Subdivisions 2 and 4 of Section 77.02 of the Rochester Code of Ordinances, Relating to Charges for Wastewater Facility Connections Serving Properties Outside of the Corporate Limits, was given a second reading. Councilmembers Hanson moved, Marcoux seconded, to adopt th, Ordinance as read. Ayes (6), Nays (0). Motion carried (Chester Heights Orderly Annexation Area) Councilmember Senjem addressed the Council and City Clerk presenting his resignation due to his election to the State Senate. His resignation is effective January 7, 2003, or when the Council's appointment to temporarily fill the vacancy becomes effective, whichever occurs first. Having no further business, Councilmembers Hanson moved, Evans seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. Deputy City Cl-",r rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA r!O�oZ� Regular Meeting No. 32 — December 2, 2002 Agenda Item A-1 M No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order with the following members present: None. Absent: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. President Hunziker declared the meeting recessed until December 9'h, 2002, due to lack of quorum. I G� City Clerk F, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6621 Agenda Item A-1 B-1 D-1-30 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 No one wished to be heard during the Open Comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Hanson moved, Evans seconded, to approve the following consent agenda items. Approved the minutes of the November 41h, November 18th and December 2, 2002, council meetings. Approved the reappointment of Bryce Prow and Don Flott to the Housing Board of Appeals running to April 2004. Adopted Resolution No. 788-02 approving the reclassification of the Accounting Clerk Position in Public Works to Office Services Coordinator effective November 1, 2002. Adopted Resolution No. 789-02 setting forth the procedure for filling the Sixth Ward Councilmember vacancy and adopting the special election calendar as proposed. Affirmed the termination of Larry Adamson and approving the Findings of Fact, Conclusions of Law, and Order. See at end of D Items. See at end of D Items. Adopted Resolution No. 790-02 approving the assignment of the lease agreement at the Rochester International Airport for McNeilus Truck and Manufacturing, Inc. to Midwest Jet, LLC. Adopted Resolution No. 791-02 approving Change Order #1 with Weis Builders for $8,587.00 for additional work required in the terminal building renovation of restaurant, gift shop and security checkpoint. Approved the repeal of Ordinance No. 3524 for annexation of land by Victor Scott and request a new petition to start the annexation process for approximately 35.44 acres in Section 4, Cascade Township and instructed the City Attorney to prepare the required Ordinance for repeal of Ordinance 3524. D-11 Approved the transfer of the On -Sale and Sunday Intoxicating Liquor License and Dance license from BGD5 Lmtd Partnership DBA Radisson Plaza Hotel to MPLS Hotel Management, operating managers for the Welsh companies. D-12 Approved the following licenses and miscellaneous activities:' 6'622 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Agenda Item D-13 D-14 D-15 D-16 D-17 D-18 Gambling Rochester Area Family Y — Raffle at Radisson Plaza Hotel — December 30, 2002. Chorale Arts Ensemble — Raffle at Rochester Marriott Hotel — February 8, 2002. Church of St. Francis of Assisi — Raffle — May 2, 2003. Ronald McDonald House — Raffle at RCTC Heintz Center — February 9, 2003. Gambling — Premise Permit Stewartville Jaycees at Jerry's Billards, 1205-1207 Seventh Street N.W. Sewers & Drains License Dowell Homes, Inc. DBA Diggers Excavating Miscellaneous City Activities Dr. Martin Luther King Commemorative March — January 20, 2003. Adopted Resolution No. 792-02 and 793-02 accepting General Chemical as low bid for a one year supply of Liquid Aluminum and the bid from Hawkins, Inc. as Low bid for a one-year supply of Anhydrous Ferric Chloride based on approximate quantities. Adopted Resolution No. 794-02 accepting the bids from ABM Equipment for the purchase of one 2002 truck mounted aerial lift and one 2002 fiberglass utility body at a cost of $53,026.35. Approved Accounts Payable in the amount of $5,647,309.89 and Investment Purchases of $17,938,200.00. Approved the roadway name change of Scanlon Lane N.E. to Scanlan Lane N.E. and instructed the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 795-02 amending Section of Chapter K of the Comprehensive Traffic and Parking Resolution Book to read: 1) Monthly Rates; change the monthly rates as follows: Monthly Roof Top/Civic Center — from $46 to $48 Random Non -Reserved Monthly/1st Street, 2"d Street and Civic Center — from $54 to $56 Monthly Flex/Civic Center — from $50 to $52 Reserved Monthly/2"d Street — from $59 to $61 Random Non -reserved Monthly/3rd Street — from $57 to $59 Zumbro Lot — from $48 to $50 Adopted Resolution No. 796-02 authorizing the Mayor and City Clerk to sign the Settlement Agreement with Staples Oil and any necessary deeds/easements for 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6623 1 Agenda Item D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 the Property for Project No. J-9824 — Settlement for Right of Way Acquisition for 22' Avenue N.W. Adopted Resolution No. 797-02 approving the execution of the City/Owner Contract with 19th Street Business Park, LLC and The Excavators of Rochester, Inc. for Project No. J-5052 "Sanitary Sewer and Watermain to Serve 19th Street Business Park". Adopted Resolution No. 798-02 accepting voluntary participation by Rochester Landscaping and Yaggy Colby Office Addition in the City's Regional Storm Water Management Plan. Adopted Resolution No. 799-02 approving the execution of the City/Owner Contract with Jim & Diane Nelson and Friedrich Construction, Inc. for Project No. J-5039 "Watermain and Hydrant to Serve the Coldwell Banker Building on Lot 2, Block 1, Circle 19 Plaza First Replat". Adopted Resolution No. 800-02 approving the execution of an Agency Agreement with MnDot for Federal Participation in Advance of Construction for TH52 Reconstruction. Adopted Resolution No. 801-02 authorizing the City Engineer to issue a Noise Permit to the TH63 Phase 1 and Phase 2 contractors based on the conditions as outlined in the Request for Council Action. Adopted Resolution No. 802-02 declaring 71h Street N.W. from TH14 to 6th Place N.W. an "urban district" with a statutory speed limit of 30 miles per hour pursuant to Minnesota Statute 169.14, subd. 5b. See at end of D Items. Adopted Resolution Nos. 803-02 authorizing the advertisement for bids for Project No. 6319-4-00 (J-9824) "Realignment and Construction of Highway 52 East Frontage Road from 33rd Street N.W. to 371h Street N.W." Adopted Resolution Nos. 804-02, 805-02, 806-02 and 807-02 receiving the feasibility report and setting a project hearing and assessment hearing for January 6, 2003 for Project No. 6319-4-00 (J-9824) "Realignment & Construction of Highway 52 East Frontage Road from 33`d Street N.W. to 371h Street N.W." Adopted Resolution No. 808-02 approving Change Order No. 1 to the Shank Constructors, Inc. for the Digester Gas and Heating Water Improvements Project at the Water Reclamation Plant in the amount of a decrease of $41,829.66. Adopted Resolution No. 809-02 approving Change Order No. 1 to the Foster Electric Company's contract for Project No. J-4399 "Engine Generator Replacement" increasing the amount by $33,002.00. 6624 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Agenda Item D-30 Adopted Resolution No. 810-02 approving Change Order No. 1 to HiMec, Inc. for Project No. J-4391 "WRP Administration Building HVAC Upgrade" in the amount of $1,765.00. Ayes (7), Nays (0). Motion carried. D-6 Councilmember Senjem asked if there was a need to involve the Planning and Zoning Commission and CUDE in a temporary extension of a two-year window on replacement of billboards due to the TH52 and TH63 reconstruction projects. Gary Neumann noted that there might be more than one approach to the temporary extension which these two committees are better able to find. Councilmembers Senjem moved, Stobaugh seconded, to approve the forwarding of the request from the Chamber of Commerce related to outdoor advertising signs along TH 52 and TH 63 to the Planning and Zoning Commission and the CUDE for their recommendations. Ayes (7), Nays (0). Motion carried. D-7 ICouncilmember Senjem asked if the spaces being reclaimed from the Mayo Clinic lease at the Third Street Parking Ramp will be public spaces. Doug Knott, Downtown Development Director, stated that some of the spaces will be for the general public and others will be used for monthly rental pool. He said that next summer there will be some displacement at the First Street Ramp which will need to be accommodated at the Third Street Ramp. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 811-02 approving authorization to provide Mayo Clinic with a six-month notice of the intent of the City to take one parking level of the Third Street Parking Ramp back as provided for under the terms of the lease agreement to be available for public usage in July 2003. Ayes (7), Nays (0). Motion carried. The work relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation was noted. D-25 I Councilmember Senjem asked the cost of the equipment for the preemption of signal lights. Steve Kvenvold, City Administrator, replied that it was approximately $300,000 and would prevent the accidents that are occurring on a regular basis with emergency vehicles at intersections. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 812- 02 authorizing the advertisement for bids for Project No. J-6396 "Equipment for Traffic Signal Emergency Vehicle Preemption (EVP)". Ayes (7), Nays (0). Motion carried. E-1 IA Hearing on the Proposed 2003 Budget and Property Taxes for the City of Rochester. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6625 1 Agenda Item E-2 Steve Kvenvold, City Administrator, gave a brief overview of the recommended budget for 2003 showing the expenditures contained within and made reference to a handout providing further information on the expenditures. The recommended budget is $147,946,790 with property taxes of $24,813.53 recommended to assist in the funding of the proposed expenditures. He stated that the recommended property tax is $281,539 less than the maximum 2003 property tax currently established by the legislature. Mr. Kvenvold also noted that $3,000,000 of the recommended property tax will be used for funding 2003 capital improvement projects and $1,000,000 is to be transferred from the General Fund's undesignated reserves to assist in the capital funding projects. Mr. Kvenvold stated that the only positions he is recommending to be filled are four new police officers to be placed in the four public middle schools. Wishing to be heard was John Reynolds, 3524 Sixth Place N.W. He noted that he has looked at the past three years of the City's budget. He said that there are some areas of concern that may need to be addressed in future years. He expressed interest in a budget committee for the 2004 budget. Wishing to be heard was Conrad Sinke, 4102 41st Place N.W. Mr. Sinke noted that he has been attending all budget hearings. One concern is that he is on a fixed income. He receives no increase except for social security. He asked the City Council to look prudently at the budget to see if something can be reduced further. Having no one further wishing to be heard, President Hunziker closed the hearing. President Hunziker noted that there will be another budget hearing on December 16th at which time the Council will vote on the recommended 2003 budget. A Hearing on Type III, Phase II Restrictive Development #02-54 Preliminary Plan by Paul Myhrom to construct a two-story retail business at 2311 South Broadway. Wishing to be heard was Lisa Weisner, 3131 East River Road N.E. She said that at the Zoning Commission meeting, the concerns of the Commission and neighbors were taken into consideration and re -addressed. One of the big concerns was parking. She presented a revised site plan showing a reduced size of the shop from 48'x44' to 40'x44', moving the building and parking back to the south which reduced the amount of parking from 11 to 5 spaces as required by code. She noted that one of the neighborhood concerns was that patrons would need to back out of the driveway directly into the street; they can now back around and come out into the street. The set -back for the building is moved back further than the existing house. Ms. Weisner said that the existing trees are where the building will sit; they will be replanted. Wishing to be heard was Robert Riggs, 2307 TH63 South. Mr. Riggs lives next door to the north of Mr. Myhrom. He stated that he is opposed to a business being constructed in a residential neighborhood. TH 63 is the buffer between the commercial property on the east and the residential on the west. He said that there is a bike shop that has gone out of business and the space is presently available RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6626 Recessed Meeting No. 33 — December 9, 2002 Agenda Item only eight blocks away. He said that the neighbors are opposed to the parking and the additional traffic that will be on the road as a result of the business. Wishing to be heard was Randy Staver, 2707 Century Lane N.E., a member of the Planning and Zoning Commission. He stated that their concern with the plan was the encroachment of the parking into the right-of-way. He felt that this issue has now been addressed. Wishing to be heard was Paul Myhrom, 2311 South Broadway, applicant and oA of Honest Bike Shop. Mr. Myhrom was available for questions from the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, noted that they have looked at the proposed changes in the Plan only this evening. He said that it appears that the parking has been moved out of the right-of-way. The driveway opening width has not been reduced. A variance would need to be granted. Mitzi Baker, Planning Department, said that there are still questions on the site plan that need to be addressed. Those questions are the parking and calculations, the floor plan change and reducing retail shop that affect the parking required, the building elevation appearance change, and the curb cut would require a variance as well as setback from the right-of-way to the parking area. Phil Wheeler, Planning Department, said that the Council needs to address whether it meets the compatibility of the neighborhood objectives and then refer to staff to address those needs. Councilmember Hanson suggested that Mr. Myhrom meet with the neighbors to discuss the revised site plan. Councilmembers also felt that the staff should be given an opportunity to study the revised plan to make sure that there are no other concerns that should be addressed. Councilmembers Senjem moved, Stobaugh seconded, to reopen the hearing and continue to the January 6, 2003, meeting. Ayes (7), Nays (0). Motion carried. E-3 A Hearing on Proposed Special District #13 to be known as the Mayo Support Campus by Mayo Clinic located north of 415t Street NW, east of West Circle Drive and south and west of the Douglas Trail. Wishing to be heard was Jack Jibben, Mayo Facilities Project Services. He stated that items E-3 and E-4 would be presented simultaneously on the proposed zoning for a 57-acre parcel formerly known as the Western Technology Ditigal Center and an amendment to the land use plan from medium density residential to the medical/institutional zone. The land is currently zoned R-1 with a restrictive development agreement with Western Digital and the City. In order for Mayo to do anything, rezoning needs to happen because the agreement is built out. The 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6627 Agenda Item special use approach was selected at the recommendation of the City staff. The M-1 zone did not fit the criteria for Mayo and, thus, the reason for the special district. The special district places additional restrictions beyond the M-1 zone. Mr. Jibben said that Mayo does not have a particular project in mind. The timeframe for development is 25 to 40 years before the area would be completely built out. The special district would not be geared around patients but for support personnel. Mr. Jibben said that they are required to have a neighborhood meeting; they have had two prior to meeting with the Planning and Zoning Commission. A required meeting was held on October 30, 2002, at the Mayo Support Center. A third meeting was to be held after the Planning and Zoning Commission because of the number of persons opposed to the special district. However, the neighborhood association cancelled the meeting. He noted that some of the building construction by Western Digital is not acceptable by Mayo. There is a very noisy fan which is being repaired at the present time. There are lights that were left on throughout the evening which have disturbed the neighbors. The building will be operated by Mayo on a 8:00 AM to 5:00 PM schedule. Blinds will be installed to shield the lights if employees are using the facility after hours. Mayo would come back to the Council every ten years for approval of their project plans. Wishing to be heard was John Waugh, Ellerbe Becket, gave a power -point presentation. He also noted that the project won't be built for 25-50 years. They will locate non -essential functions out of the City core area. The area is presently zoned R-1 with M-1 and M-2 and B-2 and B-4 surrounding the property. The total height for the building would be five stories on the east side and four stories on the west side. Parking would be constructed in a similar fashion. The previously - approved agreement precludes adding any additional landscaping on the site. They will be limiting the development to about two-thirds medium density housing would allow; 1.2 million square feet. There are already 277,000 square feet built on the site. Upon looking at the planning, the setback will be 100 feet rather than 50 feet. A minimum of 40 percent open space would be left with additional landscaping added to buffer the Douglas Trail. Wishing to be heard was Russ Stammer, 3645 Arbor Drive N.W. He thanked Mayo for the slide presentation as it helped him understand the project better. Mr. Stammer is secretary of the Neighborhood Association but is representing only himself tonight. He said that he would support the Mayo project if the building height is kept to 35 or 38 feet rather than 75 feet. After the Planning and Zoning meeting, a survey was put together which showed that 90% of the residents are not in support of the current proposal. It also showed that 96% support the special district if the height restriction remains at the R-3 height, the setback from the Douglas Trail is 100 feet, and a plan review process is retained for the site for compliance with noise, light and compliance with the master plan. A review is needed for each phase, not necessarily for the mechanics or structural system, but related to issues such as called for in the Master Plan and issues that would impact surrounding properties. Wishing to be heard was Dan Hoffman, 4207 Arbor Lane N.W. He wanted to congratulate the Mayo staff on their presentation and the work that they have been doing since the Planning and Zoning meeting. At the Planning and Zoning meeting, r- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6628 Recessed Meeting No. 33 — December 9, 2002 Agenda Item one of the Planning and Zoning members asked one of the staff if they could ask the applicant to go back and revise their plan. Staff was unable to answer the question. The City Attorney present was asked the same question to which was responded that she was not able to answer the question at that time. Mr. Hoffman said it is the job of the Planning and Zoning Commission to ask questions and can ask for a revision. He said little comment was made on the fact that communication towers, ambulance garages and some patient services could be on this site. The fan noise has been irritating and the glare from the lights at night is irritating. The Douglas Trail, grass trail, is only two to three feet from the right-of-way of the Mayo property. No other buildings in the area are five to six stories tall. Wishing to be heard was Joel Wagar, representing the Department of Natural Resources. He said that the Douglas Trail is a ten -foot wide blacktop trail with an eight to ten -foot wide grass trail between the paved trail and the Mayo property. Since the Western Digital property was completed there has been additional storm water runoff from the parking area that has caused erosion and ponding in the trail area. He said that a 100-foot setback would be very responsible. He urged that the plantings be started now rather than later if they are serious to do screening. Wishing to be heard was Mary Petersson, 809 19`h Street N.E. Ms. Petersson is a member of the Planning and Zoning Commission. She said that she voted against the Mayo plan because it did not contain a review process. If a public review process was put in place, she could support it. Wishing to be heard was Mark Utz, 21 First Street S.W., spoke on behalf of neighbors of the development, Alton and Louise Shefelbine. The Shefelbines wanted people to know that Mayo has been a good neighbor and has listened and were sensitive to their concerns. Wishing to be heard was Bill Alward, 3639 Arbor Drive N.W. He noted his support of the plan. He asked that some changes be made in the height of the project lowering it to the current height. He asked that there be additional setback along West Creek Drive and the Douglas Trail. Mr. Alward also wants Mayo to come back to the Planning and Zoning Commission with any new development. Having no one further wishing to be heard, President Hunziker closed the hearing. Phil Wheeler, Planning Director, said that the present process for review would include a two -week review by staff and other agencies but would not include a public hearing before the Council. He stated that if the zoning is left as R-3, there would be a hearing each time something is proposed for the project. The medical district downtown has a five-year plan review. This special district has a ten-year review which could be shortened. Councilmember McConnell said that even though he is a strong supporter of the Mayo Clinic, he cannot support the special district zoning. The main issue of the opposition is the height of the buildings next to a residential neighborhood. The height issue should have been settled by the standard of the accepted height of the present building. He asked that the height and plan be revised before approval. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6'(0 l Agenda Item E-4 E-5 Mayor Canfield suggested that Mayo be required to present a five-year detailed plan of what would be built within the next five years with that plan being approved by staff and the Council. Councilmembers Hanson moved, Marcoux seconded, to approve Special District #13 to be known as the Mayo Support Campus by Mayo Clinic with 14 conditions with a review process to come back before the Council every five years with a setback to 100 feet and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order and the required Ordinance for adoption. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. The working relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation were noted. A Hearing on Land Use Plan Amendment #02-04 by Mayo Clinic located north of 41 st Street NW, east of West Circle Drive and south and west of the Douglas Trail. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 813- 02 approving Land Use Plan Amendment #02-04 by Mayo Clinic requiring an update of the project to the Council every five years. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. The working relationship of Councilmembers Senjem and Stobaugh with the Mayo Foundation were noted. A Hearing on Type III, Phase I, Appeal #02-07 of the Rochester Zoning Board of Appeals denial on November 6, 2002, of Type III, Phase I, Variance Request #02- 37 by Glenn C. Faith to allow for construction of a detached garage located at 1004 First Street NW. Wishing to be heard was Glenn Faith, 1004 First Street N.W. Mr. Faith explained that he wants to build the garage to be compatible with the design of the 1917 home that he is restoring. Compatibility would mean that the garage roof would need a 1 Oft x 12ft roof pitch which is not approved under City Code. He asked that the Council grant the variance needed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 814-02 overturning the denial of the Rochester Zoning Board of Appeals and allow for the variance to be issued to Mr. Faith. Ayes (7), Nays (0). Motion carried. The Council thanked Mr. Faith for his diligence in restoration of the property and in designing the garage to complement the house structure. 6(03n RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Agenda Item E-6 A Hearing on Zoning District Amendment #02-12 by Century Pointe, LLC to be known as Century Point Townhomes located on the north and south side of the access roadway into the Century Hills Development. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the developer. He noted that he will be addressing item E-7 as well. The main issue that the Planning Commission had was that the zone change did not meet the criteria. He said that the property is in two pieces, north and south, with Century Hills abutting the northern portion. At the present time there is a temporary road out to East Circle Drive from the north portion. There was a question as to whether the piece of property abutting Century Hills should be R-2. The applicant has now amended the original petition to zone this area to R-1x on the north while still retaining R-2 on the south portion. The change to R-1x would reduce the density from 9 units per acre to 5'/z units per acre. Mr. DuMond said that there was a question on how the houses on Oakview would relate to the new development. The elevation would remain the same regardless of townhomes or single family units. The secondary portion of the Century Hills access wi!I be paved. There will remain 500 feet that is not a portion of the project that will not be a finished road. Mr. DuMond said that the southern portion of the site will be limited to 60 units to reduce the traffic. The trees that are existing on the northern portion of the property and provide a buffer will be saved if possible. They are in agreement with all six conditions to the plan. There are no wetlands on the south half and those on the north still are undergoing investigation. Wishing to be heard was Brian Hodge, 2605 Oakview Lane N.E. Mr. Hodge said that his property adjoins the north property line of the north development. Mr. DuMond has addressed the saving of the oak trees that they have directly behind them. He said that the oak trees are their only buffer. The R-2 gives the developer more latitude for marketing the property on the south. He would like to see the north side stay as R-1. Wishing to be heard was David Voller. He is concerned with the traffic volumes and patterns on Viola Drive. He is concerned with the access onto East Center Drive for emergency vehicles and regular traffic. Mr. Voller is also concerned that they may lose their south turn access onto East Circle Drive at some point as is happening further to the north. He said that volumes in the density matters. The north section should remain as R1 and the south section should be R-1x. Wishing to be heard was Glen Sturchio, 1653 Century Hills Drive N.E. His concern was what the Planning Commission talked about as Type I reviews as well as Type II and III with the density increasing. The only requirement is that they come back to a higher level of review. Since there might be a change in the number of units in the north section under R-1x, which goes up to 15 units per acre, the developer will just come back and ask for that with the potential it will be granted. Mr. Sturchio said that he fears that the developer will not stipulate a minimum number of units in the north acreage as they have in the south portion as 60. He also pointed out the denial by the Planning Commission for the move from R-1. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-7 E-8 E-9 CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Zoning District Amendment #02-12 by Century Pointe, LLC to be known as Century Point Townhomes with the north half as R-1 and the south half as R-2 and instructed the City Attorney to prepare the required ordinance for adoption. Discussion. Phil Wheeler, Planning Director, pointed out the Council's commitment to the Comprehensive Plan Policy on Affordable Housing and Diversity addressing townhouse developments in neighborhoods. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #191 by Century Pointe, LLC to be known as Century Point Townhomes located on the north and south side of the access roadway into the Century Hills Development. President Hunziker pointed out that there will be change to the property with R-1 on the north and R-2 on the south. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Development Plan #191 by Century Pointe, LLC to be known as Century Point Townhomes with eight conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Land Use Plan Amendment #02-05 initiated by the Common Council to amend the Rochester Urban Service Area Land Use Plan located north of East Center Street, south of First Street NE, west of Civic Center Drive and east of the alley between Broadway and First Avenue NE as Central Business District. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 815-02 approving Land Use Plan Amendment #02-05 initiated by the Common Council. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #192 by Lynnwood Development LLC, to be known as Barony Woods located east of the Greystone Development and west of Southtown Heights Drive SW. Wishing to be heard was Don Staley, representing Lynnwood Development. He noted that the development will be 48 parcels adjoining the Greystone Development. There will be no access to the south or east; all access will be through the Greystone Development. City sewer and water is already running through the property. Mr. Staley was in agreement with the six conditions and the amendment as proposed by Mr. Nigbur for condition #3 to read: ".....Three Stormwater control measures indicated in the Memorandum from McGhie & Betts, ez251 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Agenda Item E-10 by Jeffrey S. Broberg, dated November 13, 2002 shall be considered in the grading and stormwater management plan for the property". Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve General Development Plan #192 by Lynnwood Development LLC, to be known as Barony Woods with six conditions and amending condition #3 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 #02-59 by Lynnwood Development LLC, to be known as Barony Woods located east of the Greystone Development and west of Southtown Heights Drive SW. Wishing to be heard was Don Staley, representing Lynnwood Development. He noted that they will be developing only 40 acres at this time. Mr. Staley said that he is aware of the problems with the adjoining road and have no problems with making that a wider street for access. Mitzi Baker, Planning Department, suggested that a condition be added stating: "Right-of-way shall be dedicated up to 60 feet in width on the north/south road connecting to the Barlow property, and the east/west road connecting to Greystone, to be determined with the final plat". Don Staley was in agreement with the original ten conditions and the additional condition as suggested by Ms. Baker. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Preliminary Plat #02-59 by Lynnwood Development LLC, to be known as Barony Woods with 11 conditions 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 #99-14 by Platinum Development Group to be known as Folwell Ridge Subdivision located east of 23rd Avenue SW, north of Baihly Heights Second Subdivision, west of Folwell West Third Subdivision and the Wing House. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer. He noted agreement with the three conditions. Wishing to be heard was Brad King, 612 Hill Avenue S.W. Mr. King stated that his is the last house on Hill Avenue. The Planning Commission provided condition #3 guaranteeing the restoration of the area after the excavation activities. He wanted to emphasize the point. The area needs to be restored and not left uncompleted. Mike Nigbur, Public Works Department, said that the condition will be met under the City/Owner contract through a bond or letter of credit. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6633 n Agenda Item E-12 Wishing to be heard was Karen Petersen, 910 23`d Avenue S.W., a representative of the Baihly Wood Preservation Committee. She noted that she is one of 15 owners with some land adjoining the property. There are approximately ten acres of land donated to the Minnesota Land Trust with the stipulation that the land is left undisturbed. She asked that the land in the Trust remain undisturbed. Wishing to be heard was Eline Knutson, 802 23`d Avenue S.W. He asked if the developer was going to move ten feet of soil; is it the pile of soil there now and will it be pushed to the south? Mr. Knutson said that he was concerned that there will be a low area filled that may impact his property with the drainage flowing onto his property. Wishing to be heard was Wade DuMond, Yaggy-Colby, who said that there are two grading plans of` substantial land alteration. There are four areas on the first phase and a portion on the second phase. The soil will be spread all over the site to enhance the existing topography as much as possible and meet City standards. Mr. DuMond said that the majority of the water will flow into the street and into the regional pond. 'The water coming behind Mr. Knutson's house will be less that what has been previously. Water from the woodland preserve will be collected and will flow into the street and regional pond. Wishing to be heard was Tom Pagelkopf, 716 20th Avenue S.W. He said that he lives on 20th Avenue, one ridge below the development and was wondering how they would be impacted with the construction and dirt 15-20 feet higher than their backyards. Wishing to be heard was Wade DuMond, Yaggy-Colby. He said that they are putting in fill for a cul-de-sac. There is a bank slightly higher than the rest of the ground. The amount of water that is currently going to the 20th Avenue area will be reduced and redirected to another location through a storm sewer. He said that there will be silt fence planned for the area to reduce the runoff prior to the completion of the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 816-02 approving Final Plat #99-14 by Platinum Development Group to be known as Folwell Ridge Subdivision with three conditions and Resolution No. 817-02 approving the Substantial Land Alteration. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-60 to be known as Folwell Ridge Townhomes CIC #215 by Platinum Development Group located south of 3`d Street SW, west of 21s' Avenue SW and east of 23`d Avenue SW. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the developer and noting agreement with the four conditions. Wishing to be heard was Jim Siebenaler, 2002 Sixth Street S.W. Mr. Siebenaler lives at the bottom of the hill at 20th Avenue and 6th Street. Mr. Siebenaler said 6634 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 Agenda Item E-13 E-14 townhomes mean more people. There is a four-way at the bottom of hill. When Highway 52 is built, the only way out of the area from this development and the other way will be through their corners. There should be some type of stop signs, whether temporary or permanent, installed. Wishing to be heard was Lowell Parsons, 301 215Y Avenue S.W. All the developments talked about tonight have traffic problems. The main artery of traffic up to this development is a street now 28 feet wide with parking on one side. At thf present time with the activity, the garbage trucks are going up the hill and backing down. Eventually, there will probably be school buses going up the hill. The City Council should be aware that there is a traffic problem at the present time. Mr. Parsons said that there is also dynamiting causing some damage and vibration. Mitzi Baker, Planning Department, said that there would be an additional access through Hill Avenue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 81 02 approving Final Plat #02-60 to be known as Folwell Ridge Townhomes CIC #215 by Platinum Development Group with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #02-31 by Fox Hill, LLC to be known as Fox Hill Third Subdivision located along the north side of Fox Valley Drive SW and south of Whitney Lane SW. Staff has requested that the hearing be tabled until conditions of the General Development Plan have been satisfied. Councilmembers Senjem moved, Stobaugh seconded, to table Final Plat #02-31 Fox Hill, LLC to be known as Fox Hill Third Subdivision. Ayes (7), Nays (0). Mo carried. A Hearing on Preliminary Plat #02-58 by BBB Development LLC to be known as Ridgeview Manor Third located along the south side of 65`h Street NW, west of 50ch Avenue NW and west of Ridgeview Manor 2"d Subdivision. Wishing to be heard was Ward Opitz, representing BBB Development, Inc. He noted agreement with the original conditions and the two amendments suggested by Public Works. Those two amendments were: Condition #5 — "....establish turf prior to deeding to the City. Developer sha' also construct the mid -block path connections pursuant to the development agreement.' Condition #6 — Removed. 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 Recessed Meeting No. 33 — December 9, 2002 6635 Agenda Item E-15 E-16 E-17 E-18 E-19 Councilmembers Hanson moved, Marcoux seconded, to approve Preliminary Plat #02-58 by BBB Development LLC to be known as Ridgeview Manor Third with eight conditions as modified and adopting Resolution No. 819-02 approving the Substantial Land Alteration. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-17 by Arcon Development, Inc. to vacate a 20- foot wide drainage easement located along the east side of 251h Avenue NW and north of 62"d Street NW. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 820-02 approving Vacation Petition #02-17 by Arcon Development, Inc. with one condition. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #02-18 b� Good Shepherd Evangelical Lutheran Church of Rochester located north of 20t Street SW and west of 51h Avenue SW at 559 20th Street SW. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 821- 02 approving Vacation Petition #02-18 by Good Shepherd Evangelical Lutheran Church of Rochester with one condition. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6307-2-02 (J-7216) "Curb, Gutter & Overlay on 7th Avenue SE from 6th Street SE to Street End". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 822-02 approving the Making of Local Improvement Project No. 6307-2-02 (J- 7216) "Curb, Gutter & Overlay on 7th Avenue SE from 6t Street SE to Street End". Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6307-2- 02 (J-7216) "Curb, Gutter & Overlay on 71h Avenue SE from 6th Street SE to Street End". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 823- 02 approving the Proposed Assessment for Local Improvement Project No. 6307-2- 02 (J-7216) "Curb, Gutter & Overlay on 71h Avenue SE from 6th Street SE to Street End". Ayes (7), Mays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6301-2-02 (J-7207) "Curb, Gutter & Overlay on 1st Avenue SE from 4th Street SE to Street End". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6636 Recessed Meeting No. 33 — December 9, 2002 Agenda Item E-20 E-21 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 824-02 approving Making of Local Improvement Project No. 6301-2-02 (J-7207)' "Curb, Gutter & Overlay on 1st Avenue SE from 41h Street SE to Street End". Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6301-: 02 (J-7207) "Curb, Gutter & Overlay on 1st Avenue SE from 4th Street SE to Street End". Having no one wishing to be heard, President Hunziker closed the hearing. Mike Nigbur, Public Works Department, noted that a letter had been received from Dennis Kreofsky objecting to the assessment. Mr. Kreofsky stated that the same construction had been installed by them at 20 Fourth Street S.E. as required by the City in 1998. Mr. Nigbur indicated that the Public Works Department is requesting removal of the assessment. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 825-02 approving the Proposed Assessment for Local Improvement Project No. 6301-2-02 (J-7207) "Curb, Gutter & Overlay on 1st Avenue SE from 4th Street SE to Street End" and removing the assessment for Kreofsky and Sons, Inc. at 20 Fourth Street S.E. Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Making of Local Improvement Project No. 6308-5-2-2 (J-7205) "Curb, Gutter & Overlay on 8 %2 Avenue SE from 13 Y2 Street to 16th St, SE". Wishing to be heard was Vince Garity, 820 15th Street S.E., asking the Council to approve the project. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 826-0'd approving the Making of Local Improvement Project No. 6308-5-2-2 (J-7205) "Curb Gutter & Overlay on 8 %2 Avenue SE from 13 %2 Street to 16th Street SE". Ayes (7), Nays (0). Motion carried. E-22 A Hearing on the Proposed Assessment for Local Improvement Project No. 6308- 2-2 (J-7205) "Curb, Gutter & Overlay on 8 %2 Avenue SE from 13 Y2 Street to 161h Street SE". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 827- 02 approving the Proposed Assessment for Local Improvement Project No. 6308-5 2-2 (J-7205) "Curb, Gutter & Overlay on 8 %2 Avenue SE from 13 %2 Street to 16th Street SE". Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Recessed Meeting No. 33 — December 9, 2002 6637 1 Agenda Item E-23 E-24 F-1 G-2a A Hearing to Consider the Making of Local Improvement Project No. 6304-2-02 (J-7206) "Street Reconstruction on 4th Avenue SE from 41h Street to 6th Street SE and on 5th Street SE from 3rd Avenue to 5th Avenue SE and on 5th Avenue SE from 5th Street to 6th Street SE". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 828-02 approving the Making of Local Improvement Project No. 6304-2-02 (J- 7206) "Street Reconstruction on 4th Avenue SE from 41h Street to 6th Street SE and on 5th Street SE from 3rd Avenue to 5th Avenue SE and on 5th Avenue SE from 5th Street to 6th Street SE". Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment for Local Improvement Project No. 6304-2- 02 (J-7206) "Street Reconstruction on 4th Avenue SE from 4th Street to 6th Street SE and on 5th Street SE from 3rd Avenue to 5th Avenue SE and on 5th Avenue SE from 5th Street to 61h Street SE". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 829-02 approving the Proposed Assessment for Local Improvement Project No. 6304-2-02 (J-7206) "Street Reconstruction on 4th Avenue SE from 4th Street to 6th Street SE and on 51h Street SE from 3rd Avenue to 5th Avenue SE and on 5th Avenue SE from 5th Street to 6th Street SE". Ayes (7), Nays (0). Motion carried. Reconsideration of a Debris Removal Assessment for Rene Lawson, 430 Fifth Street. Wishing to be heard was Rene Lawson, 430 Fifth Street S.W. Mr. Lawson told the Council he felt that he should not be responsible for the damage to the sidewalk caused by a tree root in the boulevard. He said that he did not plant the tree, the City did and they were responsible. Mr. Lawson also noted that his curb has disintegrated and the City should be replacing that as well. Richard Freese, Public Works Director, said that the policy of the City is to charge the landowner when a sidewalk needs replacing. The policy has also been not to charge a homeowner if a repair is needed within ten years and a pro -rated charge if the repair is needed between 11-20 years. He said that he would have the history of the sidewalk checked to see what past reconstruction had occurred. Mr. Freese will check the curb in front of the property to determine the age of that as well. Councilmembers Senjem moved, Stobaugh seconded, to assess the sidewalk for Renee Lawson at 430 Fifth Street S.W. after consideration by the Public Works Department on the age of the sidewalk. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-1 Zoning District to the R-2 Zoning Districts and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 6638 Recessed Meeting No. 33 — December 9, 2002 Agenda Item given a first reading. (East side of East Circle Drive; South of Viola Road NE, South side of the access roadway into the Century Hills Development — Zoning District Amendment #02-12) G-2b I An Ordinance Repealing Ordinance Number 3524, Relating to the Victor Scott Annexation, was given a first reading. Councilmembers Hanson 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 Hanson moved, Marco seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-2c An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Scanlon Lane N.E., Platted in Century Hills Sixth Subdivision, to Scanlan Lane N.E., 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 Marcoux moved, Hanson seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-3a An Ordinance Annexing to the City of Rochester Approximately 49.45 Acres of Land Located in a Part of the East Half of Section 7, Township 107 North, Range 14 West, Olmsted County, 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 55th Street NW, West of 501h Avenue NW, South of Douglas Trail — Annexation Petition #02-23) J-1 IHaving no further business, Councilmembers Hanson moved, Marcoux 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 Meeting No. 34 — December 16, 2002 Agenda Item A-1, B-1 D-1-8, 10-18 D-2 D-3 D-4 D-5 D-6 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 and Walter Stobaugh. Absent: None. Councilmembers Evans moved, Hanson seconded to approve the following consent agenda items: Adopted Resolution No. 830-02 setting forth the terms of the Department Heads' "Meet and Confer' agreement for 2003 compensation and granting the City Attorney's position the same compensation. Adopted Resolution No. 831-02 approving TIF District de -certification for Tax Increment District 10-1 and terminating the development assistance agreement with Volunteers of America. Approved amending RCO 125A.11 Subd. 3(e) regarding Liquor Licenses and allowing a licensee to make reports to the City Clerk at three-month intervals until opening or after one year's time when the license would be rescinded or reapplication required. Approved the issuance of an On -Sale 3.2 Beer and Wine License to Natraj Enterprises, LLC at 7 —12`h Street SE. Approved the following licenses and miscellaneous activities: Gambling — Temporary Ben Franklin PTSA 1801 91h Ave. SE Rochester, MN 55904 Raffles — 2/27/03 and 5/02/03 January 1. 2003 Renewals Bus 1 Chickens 2 Heating 117 Master Installer 181 Master Plumber 72 Pawnshops 3 Pigeons 4 Public Transportation 4 Sewer 69 Sidewalk — Asphalt 11 Sidewalk — Cement 87 Signs 29 Taxicab 1 Theatre 3 rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 34 — December 16, 2002 Agenda Item D-7 Approved Accounts Payable of $3,001,062.50 and Investment Purchases of $3,116, 223.45. D-8 Adopted Resolution No. 832-02 approving the conversion of the Library Associate I position to the Librarian I position. D-9 See at end of D items. D-10 Adopted Resolution No. 833-02 authorizing the Mayor and City Clerk to enter into a Bad Check Program Agreement with the Retailers Protection Association. D-11 Adopted Resolution No. 834-02 approving a City/Owner Contract for Project No. J- 5028 "Watermain & Hydrants to serve Folwell Ridge Townhomes" with Platinum Development Group, Inc. and Elcor Construction, Inc. D-12 Adopted Resolution No. 835-02 approving the revocable permit to allow the placement of a Soil Stabilization System in the public right of way needed during the construction of their new building on a part of Lot 1, Block 25 of the Original Plat. (125 East Center Street) D-13 Adopted Resolution No. 836-02 approving the feasibility report for Sanitary Sewer and Watermain to serve portions of Section 8 & 9 in Rochester Township (J-7717) D-14 Adopted Resolution No. 837-02 authorizing the execution of an Engineering Service Agreement with McGhie & Betts, Inc. for Sewer and Water to serve portions of Section 8 & 9 in Rochester Township. (J-7717) D-15 Adopted Resolution No. 838-02 authorizing the execution of an Engineering Service Agreement with WHKS & Co. for "Sanitary Sewer and Watermain Extension to serve the Vandal's Subdivision Area with a Preliminary Design Analysis and Design Services. (J9836) D-16 Adopted Resolution No. 839-02 approving the 2003 contract with Rochester City Lines in the amount not to exceed $1,407,755. D-17 A motion to approve the certification of the seven eligible candidates for the'111erim Position of Sixth Ward Councilmember. D-18 Adopted Resolution No. 840-02 approving a City/Owner contract for Project NO. J- 5042 "Sanitary Sewer and Watermain to serve Badger Village including the extension of public utilities to the site from Monroe Drive NW" with Badger Development LLC and Road Constructors, Inc. D-9 Councilmember Senjem stated his opposition to the SELCO letter requesting participation in the Integrated Library System in which Rochester Public Library notifies SELCO they will not participate. Councilmembers Evans moved, Hanson seconded to adopt Resolution 840A-02 approving the letter to SELCO indicating RPL will not participate in the SELCO ILS. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 34 — December 16, 2002 Agenda Item E-1 E-2 F-1 G-2a G-2b A Hearing on the Adoption of the 2003 Tax Levy, 2003 Budget and 2003-2008 Capital Improvement Projects. Wishing to be heard was Jerry Reynolds, 2017 Telemark Lane NW. Mr. Reynolds stated the percentages that his property taxes will increase in regards to the city, county and school. Mr. Reynolds emphasized that he was willing to accept less in city services in order to keep taxes from continuing to increase every year. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 841- 02 approving the 2003 Property Tax Levy of $24,950,756, Resolution No. 842-02 approving the 2003 Total Budget of $147,997,322 and Resolution No. 843-02 approving the 2003-2008 Capital Improvements Program. Discussion: Councilmember McConnell stated that he couldn't support the increases and wanted a bare -boned budget and didn't feel this showed enough cuts for him to vote in favor of the proposal. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing on Project Development Plan (preliminary Plan) for commercial development north of 415t Street and west of 31 st Avenue NW in SDA Arboretum Special District. Wishing to be heard was Joshua Johnson from McGhie & Betts representing the developer. Mr. Johnson explained the preliminary plans for the site and stated they were in agreement with the conditions. Wishing to be heard was Jeff Brown, 1434 Salem Lane SW, the developer of the project. He addressed the sound test for the car wash and stated there would be a minimal amount of noise to the point of nonexistent. Councilmembers Hanson moved, Marcoux seconded to adopt Resolution No. 844- 02 approving the Project Development Plan (preliminary Plan) for commercial development north of 41 st Street and west of 31 st Avenue NW in SDA Arboretum Special District with the 15 conditions. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hanson seconded to approve the request by Bigelow Enterprises to eliminate the condition relating to fire protection measures for Willow Point Townhomes final plat. Ayes, (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Clause (e) of Subdivision 3 of Section 125A.11 of the Rochester Code of Ordinances, relating to the Expiration of Alcoholic Beverage Licenses, was given a first reading. An Ordinance Creating and Enacting Chapter 64N, and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances, Relating to the Establishmen of the Mayo Support Campus Special District, was given a first reading. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 34 — December 16, 2002 1 p ql� Agenda Item H-1 Councilmembers McConnell moved, Stobaugh seconded to assess the property of Mildred Scherr for Debris/Rubbish Removal expenses. Having no further business, Councilmembers Hanson moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. da) 0'2'Aa-)') 4) Deputy City Clerk 1 LJ