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HomeMy WebLinkAbout05-19-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA - Regular Adjourned Meeting No. 12 - May 19, 1997 4947 Agenda Item A-1 President John Hunziker called the meeting to order at 7:00 p.m. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. B-1 A Hearing on Vacation Petition #97-5 by James and Mary Sadler to vacate a portion of 1 st Avenue SW, north of 19th Street SW; that portion of the right-of-way proposed for vacation lies adjacent to Lot 3, Block 16, Golden Hill Addition. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 264- 97 approving Vacation Petition #97-5 by James and Mary Sadler. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on Vacation Petition #97-4 by Mayo Foundation to vacate a part of a north/south running alley located between 1st Avenue NW and 2nd Avenue NW, south of 2nd Street NW; that portion of the alley proposed for vacation lies adjacent to Lots 4-9, Block 45, Original Plat. Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant. Mr. Yockey stated that he was available for any questions from the Councilmembers. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 265-97 approving Vacation Petition #97-4 by Mayo Foundation. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska, Senjem and Stobaugh noted their affiliation with Mayo Foundation. B-3 A Hearing on Annexation by Ordinance Petition #97-7 by City of Rochester and the DM&E Railroad to annex 2.7 acres of railroad right-of-way located on the west side of Valleyhigh Road NW, in a part of the S 1 /2, SW 1 /4, Section 21, Cascade Township. Terry Spaeth, Planning Department, noted that the Township taxes have been calculated by the County Assessor and are estimated for 1997 at $14. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hruska seconded, to approve Annexation by Ordinance Petition #97-7 by the City of Rochester and the DM&E Railroad and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Annexation by Ordinance Petition #97-6 by Thomas E. Senst to annex 6.54 acres of land located on the west side of Bandel Road NW, east of T.H. 52 and south of 65th Street NW in the N 1/2, Section 9, Cascade Township. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4948 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item B-5 L� B-7 Wishing to be heard was Thomas E. Senst, 1842 Terracewood Drive NW, stating that he was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Annexation by Ordinance Petition #97-6 by Thomas E. Senst and instruct the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember Senjem referred to the comment from Rochester Public Utilities that booster pumps will most likely be needed to provide adequate water pressure and asked if staff is comfortable with this. Don MacGillivray, Public Works, answered that staff is comfortable with this comment and noted that the only other solution would be to put up a water tower. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation by Ordinance Petition #97-8 by Dan Penz to annex 31.9 acres of land located south of Salem Road (County Road 8), east of 34th Avenue SW and west of Salem Sound 4th Subdivision in the NW 1/4, Section 9, Rochester Township. Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant. Mr. Yockey explained that this is the last undeveloped portion of the approved 1985 General Development Plan for Salem Sound. He noted that they are planning on developing 15 single family residential lots and 20 acres will be water as a result of the mining operation. Mr. Yockey stated that municipal services are available adjacent to the property. He stated that they have met with the Rochester Town Board and there were no objections noted from the Rochester Town Board. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Annexation by Ordinance Petition #97-8 by Dan Penz and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on the Issuance of Industrial Revenue Bonds for Gauthier Industries. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Marcoux seconded, adoption of Resolution No. 266-97 approving the issuance of $1,150,000 in Industrial Development Revenue Bonds for the Gauthier Industries project. Ayes (7), Nays (0). Motion carried. A Hearing on Amended General Development Plan #83 to be known as The Arboretum. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4949 Agenda Item Wishing to be heard was Don Borcherding, Yaggy Colby Associates, representing the applicant. He stated that he is available for any questions from the Councilmembers. Mr. Borcherding explained that this is a fill in of The Arboretum that converts some of what was to be multi family into mostly single family residential. He stated that they have an agreement with the Park Board regarding the park land exchange. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to approve the amended General Development Plan #83 to be known as The Arboretum with six findings and five conditions as recommended by the Planning Commission and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. Councilmember Senjem referred to condition #1 regarding reducing the number of cul-de-sac streets and asked if staff finds this wording satisfactory. Terry Spaeth, Planning Department, explained that staff recommended reducing or eliminating three cul-de-sac streets. He explained that one will be reduced or eliminated by connecting it to another street but noted that connecting the other two would disturb . I some wetland areas by extending the streets. He noted that the Planning Commission agreed to leaving these two cul-de-sac streets as shown in the plan. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on General Development Plan #125 by Leslie Lurken to be known as Wedgewood Hills located south of 55th Street NW and west of 50th Avenue NW. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant. Mr. Tointon reviewed the plan. He noted that they are in agreement with condition #1. He referred to condition #2 that a grading and drainage plan be submitted with the final plat documents and explained that they have been meeting with Public Works and hope to have a resolution within the next couple of weeks regarding the discharge from the project. He noted that they will have to revise the General Development Plan if a regional stormwater detention facility is not established. Councilmember Stobaugh referred to the annexation of this area and asked how it related to this project. Terry Adkins, City Attorney, stated that all actions have been taken on the annexation and it is just a legal formality that the annexation must be approved by the Minnesota Municipal Board. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to approve General Development Plan #125 to be known as Wedgewood Hills with six findings and two conditions as recommended by the Planning Commission and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Discussion. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4950 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item f— M B-10 Councilmember Senjem stated that as this area continues to develop, we need to think more vigorously about moving Fire Station #4. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #97-14 to be known as Wedgewood Hills Subdivision. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant. Mr. Tointon stated that there were concerns regarding wetlands but noted that all of the wetlands have been tiled so they no longer function as wetlands. He stated that they have filed a certificate of no net loss on the site. Mr. Tointon stated that they are in agreement with conditions #1 through #3. He noted that condition #4 deals with wetlands and stated that they have delineated the area and have submitted a request ,for no net loss for the wetlands. He noted that condition #5 deals with renaming of streets which they have already revised on their plan. Mr. Tointon stated even though this was not a requirement, the north/south street in the first subdivision will be changed from Augusta Avenue to 51 st Avenue so that it can be better located by emergency responders. Councilmember McConnell inquired about the east/west streets. Mr. Tointon explained how these streets will be named. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to approve Land Subdivision Permit #97-14 to be known as Wedgewood Hills Subdivision with five conditions as recommended by the Planning Commission and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Project No. 6204-3-94 (J-9327) "Reconstruct pavement and extend Sanitary Sewer Trunkline on 4th Street SW from Broadway to 2nd Avenue SW" and Project 6301-3-97 (J-2170) "Construct Sanitary Sewer Trunkline from South Broadway at 4th Street SW to the Zumbro River via 1st Avenue SW." Wishing to be heard was Kay VanSand, Southern Minnesota Municipal Power Agency. Ms. VanSand asked if during the construction period if their employees will be allowed to use the access through the Fire Station #1 property in order to get to their parking lot as their only access is on 1 st Avenue SW. Don MacGillivray, Public Works, stated that access to the property on 1st Avenue SW will be maintained throughout the construction period. He stated that they will consider Ms. VanSand's request. Rick Lovett, Fire Department, stated that they are aware of this concern and will work on it with Mr. MacGillivray. Mr. MacGillivray asked that the projects be separated and the Council only take action on Project 6204-3-94 (J-9327). 1 Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4951 Agenda Item Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 267-97 ordering Project No. 6204-3-94 (J-9327) "Reconstruct pavement and extend Sanitary Sewer Trunkline on 4th Street SW from Broadway to 2nd Avenue SW." Discussion. Councilmember Stobaugh asked if access will be maintained for the businesses during the construction period. Mr. MacGillivray answered that access would be maintained. It was noted that there will be a construction meeting for this project. Ayes (7), Nays (0). Motion carried. B-11 I A Hearing on Project No. 6219-4-94 (J-9310) "Reconstruct 19th Street NW from 32nd Avenue NW to West Circle Drive." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 268-97 ordering Project No. 6219-4-94 (J-9310) "Reconstruct 19th Street NW from 32nd Avenue NW to West Circle Drive." Ayes (7), Nays (0). Motion carried. B-12 A Hearing on Sidewalk Replacement Project No. 4-1997 (J-9418) "Sidewalk Replacement at Various Locations: 25th Avenue NW, 55th Street to 62nd Street; 38th Street NW, 18th to 19th Avenue; 37th Street NW, 18th Avenue to 21 st Avenue. Area between 14th Avenue & 15th Avenue NW and Elton Hills Drive and Cascade Street NW; Folwell Drive/18th Avenue SW, Highway 52 to 22nd Avenue; Walden Lane SW, Folwell Drive to Skyline Drive and Miscellaneous Locations on 19th Street NW." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 269- 97 approving Sidewalk Replacement Project No. 4-1997 (J-9418) and ordering the City Clerk to advertise for bids to be opened on June 11, 1997. Discussion. Councilmember McConnell asked if notices are sent to the property owners. Don MacGillivray, Public Works, answered yes. Ayes (7), Nays (0). Motion carried. B-13 I A Continued Hearing on General Development Plan #120 to be Known as Cascade Commons. Wishing to be heard was Ken Moen, Dunlay and Seeger, representing Western Walls, Inc. He explained that Bob DeWitz will address the Planning Commission's recommendations and the criteria for approval of a General Development Plan. He explained that he will come back up after Mr. DeWitz is finished to address the memo from Gary Neumann to the Mayor and Common Council dated May 15, 1997 that was included in the agenda packet. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4952 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item Wishing to be heard was Robert DeWitt, 604 11th Avenue NW. Mr. DeWtz read through the six criteria for approval of a General Development Plan located in Paragraph 61.215 of the Land Development Manual. Mr. DeWtz also read through the Planning Commission's findings in accordance with the criteria for approval of a General Development Plan. Mr. DeWtz read through criteria #1 regarding land uses being generally in accord with the adopted Land Use Plan and zoning map and read that the Planning Commission found their plan to generally be in accord. Mr. DeWtz read through criteria #2 regarding the street pattern and read that the Planning Commission found that the proposed street pattern provides internal circulation and that a street connection should be shown to the School District property located directly east of this property. Mr. DeWtz stated that the Park Department does not want an entrance to the School District property. He referred to a map hanging on the wall and referred to a road going straight out to the east and explained that this road has been changed to a cul-de-sac since the City bought the Mathy property. Mr. DeWtz explained that for a second access, they have shown a street going west to the Mayo property which is the only developable property in this area. He stated that these are the wishes of the Park Department. Mr. DeWtz read through criteria #3 regarding capital improvements and streets and explained that the only capital improvements planned is a sanitary sewer line that will run from 2nd Street NW to serve their property. This was pointed out on the map on the wall. Mr. DeWtz read through criteria #4 regarding utilities being available to serve the area. He explained that there are two alternatives for extending watermain to the property and had this pointed out on the map. Mr. DeWtz read through criteria #5 regarding drainage, erosion, and construction problems. He stated that no unusual problems have been identified. He read through finding #5 of the Planning Commission that more detailed grading, drainage and erosion control measures will need to be reviewed. He explained that this is normal with a General Development Plan as all of the details are not put in with a General Development Plan. Mr. DeWtz read through criteria #6 regarding the lot, block and street layout and read that the Planning Commission found this to be generally consistent with the provisions of 64.100. He read that the Planning Commission found that the spillover parking requirements and shoreland management requirements will need to be addressed. Mr. DeWtz referred to a letter from Terry Spaeth in the agenda packet that states that these requirements have been met. Mr. DeWtz reviewed the conditions of the Planning Commission. He read condition #1 regarding stormwater runoff. It was pointed out on the map that any site drainage will flow back into their detention ponds. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4953 Agenda Item Mr. DeWitz read condition #2 regarding pedestrian and bike trail. It was pointed out on the map their proposed pedestrian and bike system. He stated that they have put a pedestrian sidewalk in their development to the lake which has not been required with other townhome developments. Mr. DeWitz read condition #3 regarding a secondary access. It was pointed out on the map where the secondary access will be located to the west onto the Mayo property. Mr. DeWitt read condition #4 regarding a right turn lane from CSAH 34. He explained that they turned in a plan to the Planning Department on Friday that shows a right turn entrance lane. Mr. DeWitz stated that they have addressed all of the criteria and conditions for their project to be approved as a subdivision. Mayor Canfield stated, in his opinion, the proposed General Development Plan failed criteria #1. He stated that since 1982 the General Development Plan which was proposed by area property -owners has shown a trail along the shore and a single lake which is not the case in General Development Plan #120 (Cascade Commons). Mr. DeWitt stated that the General Development Plan referred to by Mayor Canfield has never been adopted. Mayor Canfield stated that Mr. DeWitz helped to construct the plan and now his proposal is no longer in accord with the General Development Plan of the early 1980s. Mr. DeWitz explained that Cascade Creek changed course and flooded into the dredged lake. He stated that there were no trails planned in Cascade Creek which is the area that Mayor Canfield is referring to. Mayor Canfield stated that the trail always followed the lake shore. Mr. DeWitz stated that this is not correct. Mayor Canfield asked if it were up to Mr. DeWitz would he put together a General Development Plan for the entire area that had the trail follow the entire lake shore all the way around the southern side of the lake except when it came to the property owned by Western Walls, Inc. Mr. DeWitz stated that this is a plan that has been commissioned through McGhie & Betts by various property owners. He stated that none of the property owners wanted a trail system on the plan. Wishing to be heard was Ken Moen, Dunlap and Seeger. He referred to the memo from Gary Neumann to the Mayor and Common Council dated May 15, 1997. Mr. Moen stated that the General Development Plan referred to in 1982 was never adopted. He stated that there was a different owner at the time and other factors. He stated that he does not know the legal significance of a General Development Plan proposed 15 years old that was never adopted. It is his legal opinion that it is of no legal significance. Mr. Moen referred to the Land Use Plan referenced in the memo and explained that the Land Use Plan is an instrument for zoning purposes. He stated that the property is already properly zoned and he does not know the legal significance of the Land Use Plan. He stated that if the General Development Plan is denied on the basis of noncompliance with the Land Use Plan or any zoning requirement, we run into the concept called regulatory taking. He explained that the City can take 4954 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item the land they need for a trail system adjacent to the water through the condemnation process. Mr. Moen stated that negotiations for the land for the trail system have been ongoing and we are still a good ways apart. Mr. Moen stated that they are ready to go ahead with this General Development Plan. He stated that if the City denies this Plan due to land issues for the trail system, they will consider it a regulatory taking and will take legal action. Mr. Moen referred to the three conditions in Mr. Neumann's memo. He referred to the first condition regarding the 300 foot wide corridor. He explained that they would consider this a taking and it would require compensation for the land. Mr. Moen reviewed the other two conditions regarding the lake being used as a public lake and a mining permit. He stated that they are not here to oppose those principles in general but noted that there are 17 years left in the permit and he does not know what legal requirements will be in place in 17 years. He stated that he will not advise his client to do something in 17 years unless the requirements are known. Terry Adkins, City Attorney, asked if the current Land Use Plan shows the requirement of a public trail along the lake. Mr. Moen stated that he does not know the answer to this. Mr. Adkins asked if Mr. Moen agreed that the Land Use Plan does not tell you how the public gains title to property that is labeled as public. Mr. Moen stated that clearly it does not. Mr. DeWitz discussed the trail system. Mr. DeWitt had their proposed trailway pointed out on the map which routes users down through the middle of the lake along the power line easement and gives you a choice of going north or south. He reviewed their proposed trailway. He stated that the center of the lake for the trailway is the best option. He stated that no one would want a trail system in their back yard which the City is proposing. He explained that their trail system gets away from having a trailway in people's back yards. He stated that Salem Sound and Lake George have not been required to have a trail system. Mr. DeWitz stated that we have been working on this plan for a number of years and the planning that has not been done by the City is the staffs problem and not theirs. He stated that he has not seen a park layout yet. Mayor Canfield stated that they have seen a lot of park layouts on this property and none of them have showed the lake divided into three ponds. Mr. DeWitz stated that he meant a park usage plan. Mr. DeWitz stated that he does not know why the City need 80 acres and explained what a park area needs to include. He stated that the only person that has not been contacted on their proposed trail system is Arends. He stated that they gave the City 13 acres in 1989 and nothing has been done to this 13 acres. He stated that the City begged for this 13 acres from him. Mayor Canfield stated that he does not remember any begging and explained that there was a land trade that got Mr. DeWitz a considerable number of building lots. Mayor Canfield stated that this lake has always been hoped to be a community lake available to the public. He explained that all of the park plans recently have shown the sewer line taken out where Mr. DeWitz is showing it kept in to separate the lake. He stated that Mr. DeWitz is taking a 220 acre public lake and turning it into a hI RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4955 Agenda Item private lake for about 25 homes that he is building along the shore. Mr. DeWitt stated that this is not true. Mr. DeWitz stated that they will be working with people to make sure they use nothing to pollute the lake. Councilmember Senjem referred to the south part of the lake and asked about the stagnation of this area. Mr. DeWitz stated that they have been mining for a number of years and have not had trouble with stale waters. Wishing to be heard was Joe Bates, 17 Windsor Court. Mr. Bates referred to the comment about not polluting the lake and asked what construction across the lake will do to the lake as far as pollution. He stated that he does not think that construction across the lake would be a good thing to do. Councilmember McConnell asked if Mr. Bates is suggesting that the whole area remain uninhabited. Mr. Bates stated that he would prefer this as it would be a much cleaner and better place to go fishing. Wishing to be heard was Norm Nelson, 5618 26th Avenue NW. He referred to the floodplain information of a 100 year flood elevation and asked if this information is correct and current data is being used. Gary Neumann, City Administration, explained that the federal government floodplain program asks cities to mandate 100 year floodplain. He stated that the City has followed state and federal model ordinances on floodplain management. Mr. Neumann stated that this is the most current data from the Corps of Engineers. Wishing to be heard was George Malkasian, 1750 11th Avenue NE, Executive Director of Zumbro Valley Medical Society. He explained that they have 7 active committees, 3 that deal with public health problems. He stated that Dr. David Orgel, Chair of the Environmental Health Committee, is here tonight to discuss the results of their study of Cascade Lake as a public entity. Wishing to be heard was David Orgel, 1025 Foxcroft Circle SW. He explained that the Environmental Health Committee held five meetings to discuss the scientific and, medical issues surrounding the development of Cascade Creek and Cascade Lake and interviewed a number of people on this subject. They came up with some points and recommendations: water quality studies of Cascade Creek and Cascade Lake should be conducted; a riparian corridor or filter strip should be developed to reduce sediment entering the creek; Best. Management Practices will reduce some of the pollution into both Cascade Creek and Cascade Lake; state and local regulations do not fully protect the lake from pollutants so there has to be very careful development of any surface body such as the one being discussed tonight; developers are interested in following the guidance of the various regulations, zoning ordinances and laws; and the Council needs to decide what this body of water will be used for. Council President Hunziker commented that later in the meeting the Council will be looking at having the Olmsted Soil and Water Conservation District do water testing RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4956 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item at Cascade Lake. Councilmember Senjem asked if Barr Engineering performed water quality studies. He was informed that they did only lake level studies. Wishing to be heard was Joan DeWitz, 604 11th Avenue NW. She explained that they are trying to show alternate routes for the trial. She explained that they are in the business of land development and home building and she does not feel it is fair that the City wants to take a 300 foot corridor from their property. She stated that the City should not be able to take this property and that if they want it, the City should buy it. Wishing to be heard was Beverly Allen, 3916 3rd Place NW. She is here as she and others are interested in a trail system and park system along Cascade Lake. They are asking the Council to expend some money to look to the future and have some vision of what our community will evolve into in the years to come. They would like the City to provide a park system for the future. Wishing to be heard was Terry Lee, Olmsted County Water Coordinator. He stated that there are a lot of efforts underway in regards to the watershed. He stated that it is easier to work with the upstream watershed land owners if they see a large public investment in the lake area. He has heard repeatedly from land owners that if it is going to be a private lake, it will be much more difficult to get their cooperation. City Attorney Terry Adkins stated that it would be helpful to have someone testify as to the status of the current Land Use Plan. Terry Spaeth, Planning Department, explained that the Land Use Plan in effect to guide the development of this property is the Rochester Urban Service Area Land Use Plan that was adopted in 1980 of which Mr. Neumann alludes to in his memorandum of May 15, 1997. Mr. Spaeth stated that the concept of a single lake and recreational and open space along the south shore of the lake is included in the plan. He explained that other land use plan studies have come before the City since 1980 but no official action has been taken to adopt any of those plans. President Hunziker asked if the plan is an official plan that has been adopted. Mr. Spaeth explained that the segment that has been discussed is part of the Rochester Service Area Land Use Plan that was approved and adopted by the City Council in 1980. Councilmember McConnell asked if a 300 foot corridor is included in the plan. Mr. Spaeth stated that the width is not specified but does state that public access to all shores should be provided for recreational and open space usage. He stated that 300 feet would be typical of what would be treated as shoreland along the lake for regulatory purposes under the Shoreland Management Standards. Mr. Neumann stated that the 300 foot corridor is the call of the Council. He stated that 300 feet was arrived at by staff based on a number of factors including erosion control, dual bikepath system, the width on the east side of Silver Lake, and discussions with Minneapolis park system representatives. Roy Sutherland, Park Department, stated that he talked to people from Minneapolis and the issue they are facing is development that has occurred around their lakes and the water quality issue. He stated that it is hard to deal with these issues after the fact and they recommended at a minimum a 300 foot corridor around the lake. �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4957 Agenda Item Wishing to be heard was Ken Moen, Dunlap and Seeger, asking what the zoning designation is for the land under the General Development Plan. Mr. Spaeth answered that the property is zoned R-1, mixed single family residential district. Wishing to be heard was Robert DeWitt, 604 11th Avenue NW. He stated that a Committee of the Whole meeting was held on July 17, 1996, and the decision of the Council was that his lake shore would not be touched. President Hunziker stated that they were looking at a completely different General Development Plan for DeWitz's property when that decision was made. Mr. DeWitz stated that they were looking at a single family plan that had platted lots and this is a single family condo association which is the only difference. President Hunziker stated that they were not looking at a trail system as is shown in the plan tonight. Mr. DeWitz stated that the Council agreed not to take his shoreland. President Hunziker stated that they were looking at a different plan and trail system. President Hunziker declared the hearing closed at this time. City Attorney Terry Adkins suggested that the Council instruct the City Attorney to prepare draft Findings of Fact, Conclusions of Law, and Order to be brought back to the Council for review at their next meeting. He further stated that it would be helpful for him if the Council reached a consensus as to how that document should be prepared. President Hunziker asked for discussion amongst the Council. Councilmember Senjem asked if staff and the Planning Commission had benefit of the adopted 1980 Land Use Plan when making their recommendations. Mr. Spaeth answered yes and explained that the underlying use of the property for low density residential use is consistent with the adopted Land Use Plan. He explained that the plan also includes a strip of land along the south shore of the lake for recreational and open space usage. He noted that the Planning Commission was not sure how the trail system should work through this area and left the decision up to the Council. Councilmember Senjem stated that the question seems to be whether this will be a public or private lake. He stated that the long range goal has been for the area along the south side of the lake to be a public area and he would like to see us arrive at a purchase agreement with the owner rather than get into a condemnation situation. Councilmember McConnell stated that he prefers the scenic trailway down the middle of the lake. He does not want to get involved in any court action. He stated that this hearing was continued from the last meeting in order to allow negotiations for purchase of the property for the corridor. He stated that he does not know where the negotiations are at but if we want the trailway around the lake shore, we need to table this hearing and see if we can arrive at a purchase agreement for the land. 4958 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item Councilmember Evans asked if the lake would still be a public lake if this project goes through. President Hunziker stated yes but he is not sure how big and noted that there is no guarantee of this. Councilmember Evans asked if the corridor only pertains to the south side of the lake. Mr. Spaeth stated that the open space area in the Land Use Plan is shown on the south shore of the lake only. Councilmember Evans stated that he feels it will still be a public lake if this development goes through and that he feels that the trailway will work as shown by Mr. DeWitz. Councilmember Marcoux stated that the City has made a commitment of a public lake and we need to look at lake level control and set back issues. She stated that we need to take a hard look at purchasing the land to ensure that this happens. Councilmember Hruska asked why the conditions in Mr. Neumann's memorandum weren't passed on to the Planning Commission earlier. Mr. Neumann stated that staff was not aware of exactly what land use map was in effect. Mr. Spaeth stated that the Planning Commission did discuss the issue of the trailway but felt that the Council would have to make the decision so they did not make a formal recommendation. Discussion took place as to how the Council can discuss the issue of purchasing the land. It was determined by the City Attorney that the negotiations have to be discussed in an open meeting. Councilmember Evans asked where the funding would come from if we made a decision tonight to purchase the property. Stevan Kvenvold, City Administration, answered the Flood Control Account which has been used throughout the City for trailways and trailway property. Mayor Canfield had Mr. Spaeth point out on the map the land that is owned by the City and the land that will be purchased from Mayo and the School District. He stated that an agreement with Mr. DeWitz on his property would allow the City to have all of the land in place for a trail system around the shore of the lake which is in compliance with the adopted 1980 Land Use Plan. President Hunziker asked the City Attorney to discuss the regulatory taking concept that was discussed by Mr. Moen. Mr. Adkins stated that Mr. Moen is contending that the Council's denial of the General Development Plan on the basis that there is a need for a publicly owned trail along the portion of the lake as shown on the Land Use Plan amounts to a taking of the property without paying for it. He explained that the Council is trying to determine if the General Development Plan meets the criteria. If it does and there is a need for a public trailway, the City will have to either buy it or condemn it. He stated that there will be no taking as the City will have to either buy it or condemn it. Thus, a regulatory taking is not an issue. Discussion took place on how the Council can approve the General Development Plan with the condition of the requirement of a 300 foot corridor for recreational and open space usage. Mr. Adkins stated that a sentence could be added to condition 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4959 Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item #1 in Mr. Neumann's memorandum that the public's title to the property will either be through negotiated purchase or through eminent domain. President Hunziker referred to condition #2 in Mr. Neumann's memorandum regarding the lake being a public lake and the issue of mining operations on a public lake. He asked how the Council states that Cascade Lake will be a public lake and at the same time not impact the concern of the mining operations. Mr. Adkins stated that condition #2 in Mr. Neumann's memorandum attempts to accomplish this. President Hunziker referred to condition #3 in Mr. Neumann's memorandum regarding a mining permit and asked if the Council can handle this now or if the mining permit needs to come back to the Council at a different time. Mr. Adkins stated that he is not certain that condition #3 is a proper condition on the approval of the General Development Plan. Mr. Spaeth stated that the mining permit was tabled in September of 1996 and the developer has to ask it to be removed from the table and be brought back before the Council. Councilmembers Marcoux moved, Stobaugh seconded, to approve General Development Plan #120 to be known as Cascade Commons with the six findings and four conditions as recommended by the Planning Commission and with condition #1 and condition #2 as recommended in Mr. Neumann's May 15, 1997, memorandum with the following sentence being added to condition #1: "The public's title to the property will be acquired either through negotiated purchase or through eminent domain" and instruct the City Attorney to prepare draft Findings of Fact, Conclusions of Law, and Order to be voted on by the Council at a future Council meeting. Discussion. Councilmember McConnell stated that he would never vote for a General Development Plan with conditions of purchase left to be negotiated. Mr. Adkins stated that if this motion survives, he would include in his Findings of Fact that the City will honor the applicable Land Use Plan narrative and map by acquiring the property through purchase or condemnation. He stated that he will also indicate that if either matter is unsuccessful, the developer will be released from this condition. Discussion took place as to why the negotiations cannot be handled now. Councilmembers McConnell moved, Evans seconded, to table the hearing for 30 days in order to negotiate for the purchase of needed land for the public trailway system. Discussion. Councilmember Senjem discussed that meetings have been held with Mr. DeWitt and there are two numbers floating around for the purchase of 34 acres in whole or 60-70 feet around the perimeter of the property that will not be there tomorrow as they expire at midnight tonight. He stated that he feels these numbers may be as good as it gets short of condemnation and would like to test these numbers with the Council. Additional discussion took place on how to deal with the numbers that have been discussed. Councilmember McConnell withdrew his motion to table the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4960 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item Councilmember Stobaugh stated that going forward with the motion by Councilmember Marcoux and seconded by himself will allow us to continue forward with the public trail. He stated that several of us are committed to a public lake and we need to look at continuing negotiations to buy land for the trailway. Councilmember Evans stated that he has a problem with continuing to negotiate something that he does not know the cost of. President Hunziker stated that this motion allows us to continue forward with the General Development Plan and also continue negotiations for the land needed for the trailway. Discussion took place regarding the numbers for the purchase of the land. President Hunziker asked the City Attorney to clarify what the motion by Councilmember Marcoux means to the Council. Mr. Adkins stated that having written findings is the best way to defend the Council's action and gives the Council time to continue negotiations for the land needed for the trailway. Discussion took place as to why a closed meeting cannot be held to discuss negotiations but the Council can continue one on one discussions with the developer. President Hunziker called for a break at 9:50 p.m. The meeting was brought back into session by President Hunziker at 10:00 p.m. President Hunziker called for a vote on the motion by Councilmember Marcoux and seconded by Councilmember Stobaugh. Ayes (3), Nays (4). Motion failed. Upon roll call vote: Councilmembers Marcoux, Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hruska, McConnell and Senjem voted nay. Councilmember McConnell stated that he is in favor of this project but voted nay because of the condition of continuing negotiations. Discussion took place on the numbers that are out there for the potential purchase of the property owned by Mr. DeWitz. Councilmember Stobaugh stated that he does not feel that this Council should be doing the negotiating with the developer as we have professionally paid staff that should be involved in the negotiation process and brought back to the Council for a decision. He stated that if this is going to be a public lake, there will be a significant amount of public dollars that will be spent on this lake and there should be some public benefits. Councilmember McConnell stated that it comes down to the same thing whether the Council is involved in the negotiations or not as we have to make the final approval. Councilmember Stobaugh stated that he would rather have expert people providing their opinion to the Council and let the Council make the decision from there. President Hunziker stated that he feels that the first motion would allow the project to move forward and allow continued negotiations for the land for the public trailway. He stated that if we table this hearing, we are no further ahead. He stated that he believes that negotiations will continue if we go ahead with development as included in the first motion by Councilmember Marcoux. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4961 Agenda Item Councilmembers McConnell moved, Evans seconded, to table the hearing for two weeks to continue negotiations for the purchase of land for the public trailway. Discussion. President Hunziker stated that he thinks more progress would be made by moving ahead rather than tabling and would show that we are making a good faith effort to move the project forward. President Hunziker called the question on the motion made by Councilmember McConnell and seconded by Councilmember Evans to table the hearing. Ayes (3), Nays (4). Motion failed. Upon roll call vote: Councilmembers Evans, Hruska and McConnell voted aye; Councilmembers Marcoux, Senjem, Stobaugh and President Hunziker voted nay. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #120 to be known as Cascade Commons with the six findings and four conditions as recommended by the Planning Commission and with condition #1 and condition #2 as recommended in Mr. Neumann's May 15, 1997, memorandum with the following sentence being added to condition #1: "The public's title to the property will be acquired either through negotiated purchase or through eminent domain" and instruct the City Attorney to prepare draft Findings of Fact, Conclusions of Law, and Order to be voted on by the Council at a future Council meeting. Councilmember Senjem commented that he feels negotiations are over in his opinion. Ayes (4), Nays (3). Motion carried. Upon roll call vote: Councilmembers Marcoux, Senjem, Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hruska and McConnell voted nay. President Hunziker stated that he hopes negotiations will continue. Councilmember Marcoux agreed with this comment by President Hunziker. Councilmember Senjem noted that it was stated that the Council should not be negotiating but noted that he was involved in the negotiations at the request of staff and the Council President. President Hunziker stated that he feels that Councilmember Stobaugh made that comment as he does not feel this is the time for 7 Councilmembers who are doing part time work to be negotiating. Councilmember Stobaugh stated that this was the reason for his statement. B-14 A Hearing on City Council Initiated Text Amendment #97-1 to amend the text of the Rochester Land Development Manual, Paragraph 62.727 (1) to permit residential uses in the Central Development Core on the ground level and second floor of a building. Having no one wishing to be heard, President Hunziker closed the hearing. President Hunziker noted that there are three findings recommended by the Planning Commission. He stated that the Planning Commission recommended allowing residential uses on the 2nd floor but felt that residential uses on the main floor should not be permitted. He stated that the Planning Commission feels that residential uses on the main floor should be reviewed by specific building sites and would be looked at as a conditional use. Councilmember Senjem asked how RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4962 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item C-1-9, 11-13, 15-18 C-1 C-2 C00M apartment living on the second floor in the downtown area has been allowed up to this point. Doug Knott, City Administration, explained that they have either been considered transitory units or have been brought in as conditional uses or variances. He stated that they are comfortable with this recommendation of the Planning Commission. Councilmembers Senjem moved, Stobaugh seconded, to approve City Council Initiated Text Amendment #97-1 to amend the text of the Rochester land Development Manual, Paragraph 62.727 (1) with the three findings as recommended by the Planning Commission and to instruct the City Attorney to prepare an ordinance for adoption. Discussion. Councilmember Stobaugh inquired about residential uses in the main floor in the downtown residential towers. Mr. Knott explained that some had variances or conditional use permits. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to approve the following consent agenda items: Approval of the minutes of the May 5, 1997, Council meeting. Approval of contribution of $1,000 for consultant services to the CGMC Environmental Standards and Research and Legislative Effort. Adopt Resolution No. 270-97 setting a Public Hearing for June 16, 1997 to consider the proposed Charter amendment which would authorize the City Attorney to make non -substantive editorial changes to the Rochester Home Rule Charter. C-4 I Approve the following licenses and bonds: On Sale 3.2 Beer Downtown Business Association, Blues Festival, Central Park, August 16, 1997 Cigarettes - Over the Counter J & K Auto Gambling Premise Permit - Renewal Knights of Columbus Dover Fire Relief Association at Crown Restaurant & Lounge Master_ Installer Thomas G. Ranfranz, Rochester 1 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 COUNCIL 4963 Agenda Item Outdoor Dining Clubhaus Brew Pub Bilotti's Italian Restaurant Daube's Bakery, 14 Historic 3rd Avenue SW The Open Table Sidewalks - Cement Lance S. Hunt DBA Universal Concrete Ron Ellefson DBA Ellefson Concrete Sound Amplification Permit Andy Streit, 5th Annual Spring Pig Roast, Essex Park, June 14, 1997, Waiver of Time Period Requested Downtown Business Association, Blues Festival, Central Park, August 16, 1997, Waiver of Time Period Requested Minnesota Bankers Association, 108th Convention & Expo, Country/Western Barbecue, Mayo Park, June 9, 1997, Waiver of Time Period Requested Rochester Assembly of God Church, Veteran Memorial Outreach Program, 21 Gun Salute by the Byron American Legion, May 25, 1997 Miscellaneous Activities Rochester Area Disabled Athletics & Recreation (RADAR), Wheel-A-Thon, Silver Lake Pavilion, July 19, 1997 C-5 Approval of the licenses and permits for the 1997 Rochesterfest Celebration June 21 through June 29, 1997. C-6 Adopt Resolution No. 271-97 approving street closings for the 1997 Rochesterfest Celebration June 21 through June 29, 1997. C-7 I Approval to pay Accounts Payable in the amount of $1,413,801.55. C-8 Approval of Quarterly Investment Report -Fourth Quarter, 1996. C-9 Approval of Quarterly Investment Report -First Quarter, 1997. C-10 I (See at End of C Items) C-11 Approval authorizing the addition of one (1) Fire Captain position in the Fire Department for the period from May 20, 1997 to July 31, 1997. C-12 Approve the appointment of James A. Kiehne to the position of Captain in the Rochester Fire Department effective May 20, 1997. C-13 Approve the appointment of Edward S. Capek to the position of Motor Operator in the Rochester Fire Department effective May 20, 1997. C-14 I (See at End of C Items) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4964 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item C-15 C-16 C-17 C-18 C-10 Accept the donation of $100 from Eleanor A. Hoaglan to be used towards the purchase of ballistic vests. Adopt Resolution No. 272-97 initiating Sidewalk Replacement Project No. 5-1997 (J-9424) "Sidewalk Replacement at Various Locations: Meadow Run Drive SW; 3rd Avenue and 4th Avenue SW between 5th Street and 6th Street SW; miscellaneous locations on 14th Street NE and adopt Resolution No. 273-97 ordering a hearing on the project for June 2, 1997. Adopt Resolution No. 274-97 authorizing the City Clerk to advertise for bids for Project No. 9751 (J-6361) "Installation of a Traffic Signal on 11th Avenue NW at the East Frontage Road on T.H. 52." Adopt Resolution No. 275-97 adding paragraph 129.5 of Section B "No Parking Zones" to read: 129.5 6th Street SE on the north side of the road, from 3rd Avenue SE to a point 200 feet west of 3rd Avenue, at all times. Ayes (7), Nays (0). Motion carried. Councilmember Senjem questioned the Fire Civil Service process for promotional appointments and asked how much authority and activity staff has in this process. He noted that State Statutes state that the Fire Civil Service Commission has absolute authority over the entire hiring process. Councilmember Senjem stated that it has been suggested that staff has too much authority and activity in this process. He stated that he does not know if this is right or wrong but he does feel it is worthy of Council discussion. He asked that a review of the process be undertaken and the results be provided to the Council. Stevan Kvenvold, City Administration, stated that tests are set up and staff has limited ability to play around with the tests and the test results. He stated that the Council has the discretion to choose among the three names provided by the Fire Civil Service Commission. Councilmember Senjem suggested taking a look at the process of the Fire Civil Service Commission. Councilmembers Senjem moved, Stobaugh seconded, approval to appoint Steven P. Belau to the position of Captain in the Rochester Fire Department effective May 20, 1997. Discussion. Councilmember Stobaugh asked if all of the positions are within the Fire Department's budget parameters. Mr. Kvenvold answered yes. Dave Kapler, Fire Department, stated that the positions are within the budget. Mr. Kapler explained that the Fire Civil Service process is put together by recommendation from Fire Department staff and the Personnel Department and is adopted by the Fire Civil Service Commission who determines how the testing will be accomplished. He stated that staff is not involved in the process from that point on and noted that the testing is conducted by an outside agency. 1 FJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 4965 Agenda Item Councilmember Senjem referred to the eligibility roster and stated that this is clearly a job of the Fire Civil Service Commission and not the Fire Chief. Ayes (7), Nays (0). Motion carried. President Hunziker asked staff to review the Fire Civil Service process and bring this information to the City Council. Mr. Kvenvold stated that he would schedule this issue for Committee of the Whole discussion. Councilmember Evans stated that he would like to see us let the Fire Chief run the Fire Department as that is what we hired him for. C-14 Councilmember McConnell stated that he feels the people that made donations for bicycle equipment and funds for Police Reserve Bike Patrol should be officially noted and thanked and read their names as follows: Shawn Palmer, David Senjem, Michael's Restaurant, Ed Hruska and Mack Evans. Councilmember McConnell announced his contribution of $200 for Police Reserve Bike Patrol. Councilmembers McConnell moved, Evans seconded, to accept the donation of bicycle equipment and funds for Police Reserve Bike Patrol. Ayes (7), Nays (0). Motion carried. D-1 No one wished to speak during this time. E-1 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 276-97 approving the Borrow Agreement between the City of Rochester and PEMSTAR Inc. Ayes (7), Nays (0). Motion carried. E-2 Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 277- 97 entering into a Purchase and Development Agreement for the Kreofsky. Chicago and Great Western Depot project. Ayes (7), Nays (0). Motion carried. The Mayor and Council congratulated everyone involved in this project for all of their efforts. E-3 ICouncilmembers Evans moved, Stobaugh seconded, to approve the following Rochester Public Utilities resolutions: Resolution No. 278-97 entering into a purchase order agreement with Reach Equipment for a truck cab and chassis with aerial device and utility body in the amount of $124,701.00; and Resolution No. 279-97 entering into a purchase order agreement with Dave Syverson Truck Center for a truck cab and chassis with flatbed and crane in the amount of $50,657,00. Ayes (7), Nays (0). Motion carried. E-4 Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 280-97 authorizing a contract for State F.Y. 1998 and State F.Y. 1999 between the Minnesota Department of Public Safety and the Rochester Fire Department for the State Regional Hazardous Materials Response Team. Discussion. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4966 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item E-5 E-6 E-7 E-8 E-9 E-10 Councilmembers thanked the Fire Department for their efforts. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 281- 97 entering into an agreement between Olmsted County Soil and Water Conservation District, the Minnesota Department of Agriculture and the City of Rochester for the cooperative monitoring and testing of waters in Cascade Lake and the Cascade Lake Watershed. Ayes (7), Nays (0). Motion carried. Councilmember Hruska stated that he feels this is the most important element regarding Cascade Lake. He feels that having a good, clean lake is the top priority. Councilmember Senjem asked if this is an accredited laboratory. Terry Lee, Olmsted County Water Coordinator, answered yes. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 282-97 approving the Cooperation Agreement for the Low Income Public Housing Program. Discussion. Councilmember Hruska stated that he has taken a look at the low income public housing and was impressed with the quality and maintenance of the housing and thanked the HRA staff for all of their efforts. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 283- 97 rejecting all bids for Project No. 6204-3-94 (J-9327) "Reconstruct pavement and extend Sanitary Sewer Trunkline on 4th Street SW from Broadway to 2nd Avenue SW" and Project 6301-3-97 (J-2170) "Construct Sanitary Sewer Trunkline from South Broadway at 4th Street SW to the Zumbro River via 1st Avenue SW" and authorizing the City Clerk to advertise Project No. 6204-3-94 (J-9327) for bids for July 2, 1997. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 284-97 awarding the contract for Project No. 6219-4-94 (J-9310) "Reconstruct 19th Street NW from 32nd Avenue NW to West Circle Drive" to Rochester Sand and Gravel at a cost of $604,570.05. Ayes (7), Nays (0). Motion carried. Councilmember Evans moved, Marcoux seconded, to adopt Resolution No. 285-97 awarding the contract for Project No. 9703 (J-2561) "Basic Construction Rochester Technology Park, in Technology Drive from Valleyhigh Drive NW to West Line Lot 1, Block 1, Rochester Technology Park" to Road Constructors at a cost of $635,953.95 and rejecting the low bid of S.J. Louis Construction for not acknowledging receipt of Addendum No. 1 as required by the bid documents. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 286- 97 authorizing payment for the extra work provided for in Supplemental Agreement 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4967 Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item No. 2 for Project No. 9308 (J-9288) "Northern Heights Area Water Tower" in the amount of $5,992. Ayes (7), Nays (0). Motion carried. E-11 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 287- 97 approving and authorizing the execution of the Consent Agreements relating to the Development Assistance Agreement with Gauthier Industries. Ayes (7), Nays (0). Motion approved. E-12 Councilmembers Senjem moved, Stobaugh seconded, to retain EPA Audio Visual, Inc. for the purchase and installation of a Sharp projector for the Council/Board Chambers at a cost of $9,510 to be paid 50% City/50% County. Ayes (7), Nays (0). Motion carried. E-13 Councilmembers Stobaugh moved, Hruska seconded, to amend Resolution No. 238- 97 from the May 5, 1997 Council meeting approving the allocation of Low Income Housing Tax Credits for 1997 in the corrected amount of $23,298.00 for Homestead Village, $30,941.00 for Royal Oaks and $78,514.00 returned to the Minnesota Housing Finance Agency. Ayes (7), Nays (0). Motion carried. F-2a An Ordinance Annexing to the City of Rochester Approximately 2.7 Acres of Land Located in the South Half of the Southwest Quarter of Section 21, Township 107 North, Range 14 West, Olmsted County, Minnesota was given a first reading. (Railroad Right of Way Located on West Wide of Valleyhigh Road NW) F-2b An Ordinance Annexing to the City of Rochester Approximately 6.54 Acres of Land Located in the East Half of the Northwest Quarter of Section 9, Township 107 North, Range 14 West, Olmsted County, Minnesota was given a first reading. (West Side of Bandel Road; East of TH 52 and South of 63rd Street NW) F-2c An Ordinance Annexing to the City of Rochester Approximately 31.9 Acres of Land Located in the South Half of the Northwest Quarter of Section 9, Township 106 North, Range 14 West, Olmsted County, Minnesota was given a first reading. (South of Salem Road, East of 34th Avenue SW, West of Salem Sound 4th Sub.) F-2d An Ordinance Amending and Reenacting Subsection 1 of Section 62.727 of the Rochester Code of Ordinances, Relating to Residential Uses in the Central Development Core was given a first reading. F-3a An Ordinance Creating Chapter 106A of the Rochester Code of Ordinances, Relating to Animal Control in the City of Rochester, and Deleting Chapter 106 of the Rochester Code of Ordinances, was given a second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-3b An Ordinance Amending and Reenacting Sections 28.02, 28.03, and 28.04 of the Rochester Code of Ordinance Relating to the Water Service Availability Fees and Sewer Connection Charges, was given a second reading. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4988 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - May 19, 1997 Agenda Item Having no further business, Councilmembers Evans, Stobaugh seconded, to adjourn the meeting to 5:00 p.m., May 27, 1997. Ayes (7), Nays (0). Motion carried. Special eputy City Clerk 1 F�