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Home My WebLink About03-01-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5493 Regular Meeting No. 6 — March 1, 1999 Agenda Item A-1 I No one wished to be heard during the Open Comment period. B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Jean McConnell, David Senjem, Waiter Stobaugh. Absent: Councilmember Marcia Marcoux. President Hunziker introduced Boy Scout Post #210 from St. Pius School. C-1 a Dick Sarafolean, State Director for Mothers Against Drunk Driving (MADD) spoke to the Safe & Sober program in Rochester. He noted that Rochester is the only program in America that runs 365 days per week. He presented plaques to Sgt. K.C. Reed of the Rochester Police Department, John Fischer of Schott Distributing, and Mayor Canfield in appreciation for all their services. C-1 b Dave Rossman, Public Works Department, introduced Brian Kern, Bob Mitchell and Scott Tifness, Regional Manager, Republic Parking Systems. Republic Parking Systems has contracted with the City of Rochester to manage the downtown parking system effective April 1, 1999. D-1-16 Councilmembers Evans moved, McConnell seconded, to approve the following & 17- consent agenda items: 24 D-1 Approved the minutes of the February 17, 1999 meeting noting relationships of Councilmembers Senjem and Stobaugh to the Mayo Foundation under item D-19. D-2 Adopted Resolution No. 110-99 approving a one-year contract between the City of Rochester and Jerry Dooley, Neighborhood Development Coordinator, in the amount of $17,000. D-3 Approved the transfer of $10,000 from the 1999 Contingency Account to the Rochester Community and Technical College Foundation to assist in funding their S.U.R.G.E. program. D-4 Adopted Resolution No. 111-99 approving an agreement with Vertical Partners for Telecommunications (Towers) Assistance. D-5 Adopted Resolution No. 112-99 granting a two -month extension to Bresnan Cable Television Franchise. D-6 Adopted the following public utility resolutions: Resolution No.113-99 — purchase order agreement with John Henry Foster Minnesota, Inc. in the amount of $52,383.09 for two station air compressors for the Silver Lake Plant. Resolution No. 114-99 — contract agreement with Swanson & Youngdale, Inc. for water storage tank repair/repainting of the John Adams Tower, Golden Hill Tower and Arnold's Tower in the amount of $135,235.00. 'IF- - .5494 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 6 — March 1 r 19.99 Resolution No. 115-99 — purchase order agreement in the amount of $77,000.00 with Campbell-Sevey for CEMS Data Acquisition System Upgrade. Resolution No 116-99 — purchase order agreement with Ulteig Engineers for engineering design services for the Cascade Lake Transmission Line relocation in the amount of $35,000.00. Resolution No. 117-99 - purchase order agreement with Dave Syverson Trunk Center for Cab and Chassis for $63,000.00. Resolution No. 118-99 — purchase order agreement with C&M Ford for two cabs and chassis' for $56,728.00. Resolution No. 119-99 — contract agreement with Aquila Power corporation for sale of 4.6 mW of firm capacity and energy from the Silver Lake Plant at a cost of $92,000.00 and to delegate future authority to RPU General Manager, Mayor and City Clerk to execute future agreements identified as Power and Energy Market schedules in the MAPP agreement. Resolution No.120-99 — purchase order agreement with Itron Automated Meter Reading System in an amount of $206,767.96. D-7 Approved the following licenses and miscellaneous activities: Gambling — Temporary Turn In Poachers — Rochester Chapter — Raffle — April 10, 1999 Hiawatha Valley National Wild Turkey Federation — Raffle — March 25, 1999 Rochester Archery Club — Raffle — April 9, 1999 Aldrich Memorial Nursery School — Raffle — May 1, 1999 Heating, Ventilating & Air -Conditioning Contractor Midwest Mechanical Contractors, Overland Park, Kansas Rouse Mechanical, Minneapolis, Minnesota Allan Mechanical, Inc., Eden Prairie Sewer and Drain Meier Plumbing & Heating, Winona, Minnesota Master Installer Raymond Lee Wilson, Independence, Missouri Harold E. Nord, South Bloomington, Minnesota Off -Sale Intoxicating Liquor (Annual Renewals) Gus A. Chafoulias DBA Andy's Crossroads Liquor Andy's Warehouse, Inc. B & F Leasing DBA Apollo Liquor & Smoke Shop Deanna, Inc. DBA Apollo Wine & Spirits RMT of Rochester, Inc. DBA Buckeye Liquor RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA 5�95 filar Meeting No. 6 - March 1, 1999 RSI — Supervalu, Inc. DBA Cub Foods Bear Creek Liquor Route 52 Liquors, Wines & Ales DBA Hillcrest Liquor Joe's Liquor, Inc. DBA Joe's Liquor Sunstone Hotel Properties, Inc. DBA Kahler Downtown Liquors MGM Wine & Spirits, Inc. DBA MGM Liquor Warehouse Northbrook Liquor, Inc. Plaza Liquor Sam's West, Inc. DBA Sam's Club #6427 Club On -Sale Liquor (Annual Renewal AFL-CIO Labor Club Bar DBA Labor Club William T. McCoy Post #92 DBA American Legion Post #92 Rochester Elks Lodge #1091 Fraternal Order of Eagles #2228 DBA F.O.E. #2228 Columbus Building Association DBA Knights of Columbus Loyal Order of Moose DBA Rochester Moose Lodge #2128 Rochester Golf & Country Club VFW Post #1215 Whitlock Sonnenberg Wine (Annual Renewals) Karla Sperry DBA Bilotti's. Italian Restaurant Chardonnay, LTD. Hung Fu Chu 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 & Cau Dang DBA Great China Restaurant India Garden, Inc. DBA India Garden John Hardy's Bar-B-Que, Inc. 29 W Frontage Rd, Hwy 52 N) John Hardy's Bar-B-Que, Inc.940 S. Bdwy) John C. Cokinos DBA John's Family Restaurant Powers Enterprises, Inc. DBA Legends of Rochester JADCO LLC DBA Valentino's of Rochester A & B Enterprises, Inc. DBA Waldo's Pizza (1726 37th St. NW) A & B Enterprises, Inc. DBA Waldo's Pizza 14 — 17th Ave NW) Wong's Cafe, A General Partnership DBA Wong's Cafe Julie Ann Johnson DBA The Wright Stuff Restaurant Twin Ports Parthenow, Inc. DBA Zorbas Restaurant 63 Club of Rochester, Mn., Inc. On -Sale Intoxicating Liquor (Annual Renewals) Apple American Lmtd. DBA Applebee's Neighborhood Grill & Bar Lorraine Corporation DBA Aviary Restaurant Creative Cuisine, Inc. DBA Broadstreet Cafe & Bar/Redwood Room 5496 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 — March 1, 1999 Brothers Bar & Grill, Inc. RSD, Inc. DBA C.J.'s Midtown Lounge J & S Corporation DBA Candian Honker Hospitality Honker Enterprises DBA Canadian Honker Restaurant & Catering Carlos O'Kelly's Mexican Cafe Peter Ray Henderson DBA Clubhaus Brew Pub Colonial Lanes/Brass Lantern Southeast Hotel LLC DBA Comfort Inn Charles Brannon DBA Crown Restaurant & Lounge Jorge Solis DBA Mexicana Restaurant PaRo Enterprises , Inc. DBA First Class Restaurant /Goose Stop Lounge CMZ, Inc. DBA Henry Wellington/Newt's Sunstone Hotel Properties, Inc. DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Anthony Dahn, Inc. DBA Hunan Chinese Restaurant Chen -Si Wang DBA Hunan Garden Restaurant J.J.'s of Rochester, Inc. DBA J.J.'s Restaurant & Sports Bar John Barley Come, Inc. Sunstone Hotel Properties, Inc. DBA Kahler Hotel Sunstone Hotel Properties, Inc. DBA Kahler Inn & Suites Sunstone Hotel Properties, Inc. DBA Kahler Plaza Hotel GPK, Inc. DBA Kathy's Pub King's Crossing Bar & Grill Co., Inc. Swan II LLC DBA Max & Julia's Riverside International Restaurant Dooleys, Inc., DBA McMurphy's Sports Cafe/Aquarius Nightclub Michael's Supper Club, Inc. DBA Michael's Restaurant LTB, Inc. DBA Mugzee's CJC Enterprises, Inc. DBA North Star Bar Outback Steakhouse/Midwest II Limited Partnership BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. GMRI, Inc, DBA Red Lobster #439 Michael A. Tupa DBA The Riptide Bar & Grill Allen Lloyd Hurlbut DBA Rochescheer Country pub Rookies Sports Grill & Bar, Inc. Shenanigan's, Inc. DBA Shenanigans Great Western Fair, Inc. DBA Smiling Moose Bar & Grill Restech Partners, Inc. DBA TGI Fridays Timber Lodge Steakhouse, Inc. DBA Timber Lodge Steakhouse Victoria's of Minnesota DBA Victoria's Restaurant Jimmy John Corporation DBA Wagon Wheel Steakhouse Grille & Bar Willow Creek Golf Course of Rochester, Inc. DBA Willow Creek Golf Course Consumption & Display (Annual Renewals) Pla-mor Ballroom 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5497 Regular Meeting No. 6 — March 1, 1999 Other Annual Renewals Sunday Liquor 54 On -Sale 3.2 Beer 36 Off -Sale 3.2 Beer 14 Dance 23 Bowling 2 D-8 Approved the issuance of an On -Sale 3.2 beer license to Scott Carpenter DBA Mel's Restaurant, 3505 Eastwood Road S.E. (Eastwood Golf Course) pending required fees, insurance certificates and departmental approvals. D-9 Adopted Resolution No. 121-99 setting the order of succession for the Common Council by seniority and, if needed, by ward number (the lower ward number will be controlling). D-10 Approved Accounts Payable in the amount of $671,899.51. D-11 Approved the transfer of funds from flood control reserves for the construction of a parking lot improvements at the WR6 reservoir site. D-12 I Approved an outdoor recreation use deed restriction on the part of Silver Lake Park that will serve as the site of the proposed restroom/shelter building. D-13 I Approved the appointment of Fred Rhodes to the position of Mechanic in the Rochester Fire Department effective March 1, 1999. D-14 Adopted Resolution No. 122-99 approving the labor agreement with the Engineering Tech Association for the years 1999, 2000 & 2001. D-15 I Adopted Resolution No. 123-99 approving the Labor Agreement with the International Firefighters Association #520 for the years 1999, 2000, & 2001. D-16 I See at end of D items. D-17 Adopted Resolution No. 124-99 authorizing a revocable permit modification for the Mayo Foundation on the facility/pedestrian tunnel expansion projects. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. D-18 Adopted Resolution No. 125-99 authorizing the issuance of a revocable permit for a driveway serving both 26 and 100 Mayo Park Drive S.E. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5498 Rp„Tdar Meefing No 6 —March 1, 1999 Agenda Item D-19 , D-20 D-21 D-22 D-23 D-24 D-16 E-1 Approved City initiation of vacation of the East/West Alley lying in block 7 of Highland Addition. Adopted Resolution No. 126-99 authorizing the execution of a deed for the erroneous legal description for the water booster station adjacent to 41 st Street N.W. and acceptance of a new deed for the property from IBM. Adopted Resolution No. 127-99 entering into Storm Water Management Agreements for Saturn Retail of Minnesota, Inc.; Quality Woods; Circle Drive Business Park; Cordul Commercial Park; South Broadway Partners. Adopted Resolution No. 128-99 entering into a Contribution Agreement for Improvements to Substandard Streets with Saturn of Minnesota, Inc. at the northeast corner of 48th Street N.W. and Tongen Avenue N.W. Adopted Resolution No. 129-99 awarding the contract for Project No. 6255-4-96 (J- 2266) "Reconstruction of 55th Street N.W. from Bandel Road to West River Parkway" to Rochester Sand and Gravel, Inc. for $3,271,386.11. Adopted Resolution No. 130-99 amending Section B "No Parking Zones" of the Comprehensive Traffic & Parking Resolution Book to read: (223.5) 19th Street N.W., on the north side of the street, from the West Frontage Road of TH52 to 19th Avenue N.W., and both sides of the street from 19th Avenue to 20th Avenue, at all times. (223.6) 19th Street N.W. on the south side of the street, from the West Frontage Road of TH52 to a point 150 feet more or less, west of West Frontage road, at all times. (223.7) 19th Street N.W. on the south side of the street, from a point 150 feet more or less, west of West Frontage road of TH52 to 19th Avenue, between the hours of 7:00 am to 6:00 pm, Monday through Friday. Ayes (6), Nays (0). Motion carried. Councilmember Senjem acknowledged the donation of $300.00 from the Rochester Sunrisers Kiwanis and thanked them for their contribution. Councilmembers Senjem moved, Stobaugh seconded, to accept the donation of $300.00 from the Rochester Sunrisers Kiwanis for the use of the Police Honor Guard. Ayes (6), Nays (0). Motion carried A Continued Hearing on Type III, Phase II Zoning District Amendment #98-23 by the Professional Skaters Association to rezone from the R-1 to the B-5 district property located along the south side of Country Club Road, east of West Circle Drive (CR22) and west of the golf dome. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5499 Regular Meeting No. 6 — March 1, 1999 A letter received from Bob Suk, Attorney representing the Professional Skaters Association, has requested that the hearing be continued to the March 15, 1999 meeting. Councilmembers moved, seconded, to continue the hearing to the March 15, 1999 meeting. Ayes (6), Nays (0). Motion carried. E-2 A Continued Hearing on General Development Plan #134 to be known as Orchard Ridge. Wishing to be heard was Mark Welch, 1545 Old Territory Road, Chatfield, Minnesota, speaking on behalf of the developer. The development has been downsized and converted to R-1 type uses. They agree with all of the conditions and recommendations from the Planning and Zoning Commission. Wishing to be heard was Bill Oswald, 5718 Lancaster Place N.W., repesenting the Northwest Neighbors Association. He talked about the traffic concerns that the neighborhood has. The development, at present, would be routed through North Park. North Park currently has two main entrances which are very busy and additional traffic would compound it. One of the major concerns is construction traffic. The developer is requesting that the construction traffic come off 65th Street; Mr. Oswald agreed with the request and asked if it could be made a staff recommendation on the GDP. The next major concern was Hillsbourgh Avenue running in a straight line from 65th Street through North Park. Mr. Oswald noted that such a straight alignment would allow for increased speeds. He asked that consideration be given for taking the lower one-third of the road and turning it to the right to eliminate the direct straightway. Wishing to be heard was Mike Zieman, 4433 57th Street N.W., representing the neighborhood. Mr. Zieman talked about the lack of adequate park space for the development. The current two parks serve not only the neighborhood but children from throughout the community and the parks are already overcrowded. Mr. Zieman noted the concern as to where the children in the new development would play. They asked that money not be accepted in lieu of parkland. Roy Sutherland, Director of Park and Recreation, stated that the Park Department would like to sit down, possibly in the next two weeks, and talk with the neighborhood association about their concerns; they had not been contacted previously. Mr. Sutherland said that there is the possibility of a future park that would be more beneficial to the neighborhood in the long run than a park in the ne development. Wishing to be heard was Gus Barbes, 3720 65th Street N.W. He noted that the elevation of the land behind his property is higher and then drops off. He asked about the plans for the landscaping of the hill; Mark Welch answered that the contractor will work with the contours that are presently in place and drop the hill from five to ten feet. Mr. Barbes was concerned that if basements were not being required, would shelters be needed. Mr. Barbes was also concerned with the widening of the roads; whether the developer or others would need to pay for the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5500 Reg jNr Meeting No 6 — March 1. 1999 Agenda Item E-3 E-4 road. He also noted that his septic and drain field may be in the projected right of way for 65t' Street N.W. Wishing to be heard was Marlene Berg, 5900 Manor Court N.W., asking what type of homes would be built in the development. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell asked that three additional conditions be added to the general development plan: 1. No straight through street from 65t' Street N.W. exiting into North Park. 2. Use only 65t' Street entrance only for construction vehicles. 3. Park dedication in the form of land and not money. Phil Wheeler, Planning Department, stated that traffic calming solutions could be studied for the area which could decrease the traffic and speed concerns of the North Park residents. Roy Sutherland, Director of Parks, noted again that he would like to work with the neighborhood association to provide a more favorable solution than a park location in the Orchard Ridge development; something that would benefit North Park and others as well. Terry Adkins, City Attorney, suggested that condition number four be amended to read: The applicant agrees to meet parkland dedications requirements, either by dedication of cash or by actual dedication of land, as the parties determine prior to the actual platting stage. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #134 to be known as Orchard Ridge with six findings on page 105 of the Request for Council Action and conditions on page 105 and 106, amendment of condition four, condition six that construction traffic enter only via 65t' Street N.W. and condition seven that a traffic calming study be done for Orchard Ridge, and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Continued Hearing on Zoning Appeal of a Board of Appeals Decision on a Variance Request by US West Wireless. In a letter received by U.S. West, they have requested that their application be withdrawn. They will be submitting a permit application within several weeks that will meet all of the ordinance requirements. A Hearing on Zoning District Amendment #99-1 by Ken and Deb Herold to amend the zoning district from R-1 to M-1 on property located at 216 17t' Street S.E. The applicants have requested that this item be tabled until a later date as determined by the applicant. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Regular Meeting No. 6 — March 1, 1999 Councilmembers McConnell moved, Senjem seconded, to close the public hearing and table Zoning District Amendment #99-1 by Ken and Deb Herold to a later date. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Vacation Petition #99-2 by Raymond and Melissa Sperber to vacate the 30-foot utility easement located along the south and east property boundaries Lot 5, Block 1, South Pointe. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to approve Vacation Petition #99-2 by Raymond and Melissa Sperber. Discussion. Mitzi Baker, Planning Department, explained that she had modified the recommendation; the report was not a part of the council packet. She noted that a five-foot easement along the south and east property line must be kept. There is a five-foot easement on the adjacent parcel in another plat. The ten feet would allow for utility uses if needed in the future. Therefore, only 25 feet would be vacated. Wishing to be heard was Raymond Sperber, applicant. Mr. Sperber was unaware of the recommended amendment. However, he was assured that the 25 feet of vacation would be more than adequate for him to place the garage that would extend into the current 30-foot easement A unanimous consent was given by the Council to include the previous dialogue as a part of the public record. Councilmembers Stobaugh moved, Senjem seconded, to reconsider the granting of the vacation. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Hanson seconded, to adopt Resolution No. 131-99 approving Vacation Petition #99-2 by Raymond and Melissa Sperber to vacate only 25 feet of the utility easement located along the south and east property boundaries of Lot 5, Block 1, South Pointe. Ayes (6), Nays (0). Motion carried. E-6 A Hearing on Vacation Petition #99-1 by Mayo Foundation to vacate the remaining portion of the north -south alley, north of the Charterhouse, in Block 53 of the Original Plat. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers moved, seconded, to adopt Resolution No. 132-99 approving Vacation Petition #99-1 by Mayo Foundation. Ayes (6), Nays (0). Motion Carried. The relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation were noted. E-7 A Hearing on Type III, Phase II, Land Subdivision Permit #99-1 by Arnold Bomgaars to be known as Northern Heights North Townhomes Second. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5502 CITY OF ROCHESTER, MINNESOTA Reg, liar Meeting No 6 — March 1T1999 Agenda Item E-8 E-9 Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. He noted that they were in agreement with the four conditions and was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Land Subdivision Permit #99-1 by Arnold Bomgaars to be known as Northern Heights North Townhomes Second with four conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #99-6 to be known as South Pointe 4th Subdivision. Wishing to be heard was Randy Reynolds, 6791 Buck Ridge Court N.E., the developer, making himself available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 132A-99 approving Final Plat #99-6 to be known as South Pointe 4th Subdivision with four conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #98-32 to be known as Diamond Ridge Fifteen. Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. He noted that most of the drainage easement will be removed from the plat; he will work with the Park Department at the time that the ball fields and other developments to the park are made to make sure that no drainage affects this area. Mike Nigbur, Public Works Department, stated that the storm water management for the plat needs future clarification. There are currently two ponds shown on the plat in Outlot A. The Public Works Department recommends that if a pond serves less than 50 acres, the ponds shall be considered private ponds. If private ponds, they will need their own separate outlots. Wishing to be heard was Bob DeWitz. Mr. DeWitz said that he is unaware of the 50-acre policy. There are many ponds in Rochester that serve less than 50 acres , that are not private. Because the drainage swales on both sides in this plat, there is a need for two ponds rather than one. Mike Nigbur, Public Works Department, noted that the 50-acre requirement was recommended by the Pubic Works Department about one year ago to reduce the number of small ponds serving only ten or twelve acres. Larger ponds are more efficient for management of storm water, water quality and long-term City maintenance. Councilmembers Stobaugh moved, Evans seconded, to continue the hearing to March 15, 1999. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-10 E-11 CITY OF ROCHESTER, MINNESOTA filar Meeting No. 6 — March 1, 1999 A Hearing on Final Plat #99-12 to be known as Northwest Storage Subdivision. Staff recommended that this item be continued until March 15, 1999. No one wished to be heard at this time. 5503 Councilmembers Hanson moved, Stobaugh seconded, to continue the hearing on Final Plat #99-12 to be known as Northwest Storage Subdivision to March 15 1999. Ayes (6), Nays (0). Motion carried A Hearing on Final Plat #99-13 to be known as Fox Ridge Townhomes. Brent Svenby, Planning Department, explained that there were two issues to be worked out as of last week. One, possible wetlands issue on Lot 19 and 20, Block 3. A site visit determined that the wetlands are not located on Lots 19 and 20; hence, clearing up that issue. Mr. Svenby stated that the Performance Residential Development is still not approved, but two of the major issues have been worked out. He noted that the final plat can move forward at this time; nine conditions have been placed on the plat. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. Mr. DuMond noted that they were in agreement with the conditions placed on the plat. He stated that it is unclear how large the wetlands are, approximately 4,000 square feet, at this time. He said that the neighbors were also concerned about using the money for parkland dedication provided by the developer to improve the current park. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hansen seconded, to adopt Resolution No. 132B- 99 approving Final Plat #99-13 to be known as Fox Ridge Townhomes with nine conditions. Ayes (6), Nays (0). Motion carried. E-12 A Hearing on Type III, Phase II Amendment to the Final Plan for the Planned Unit Development R-65 located at the southeast corner of the intersection of 19th Street N.W. and Valleyhigh Drive. Wishing to be heard was Ann Hutton, 1426 First Street N.W., Executive Director of SELCO. Ms. Hutton asked the Council to approve the Amendment to the Final Plan; they will have to move due to the TH52 expansion. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve the Amendment to the Final Plan for the Planned Unit Development R-65 with six conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. 5504 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-13 E-14 E-15 F-1 A Hearing to Consider Residential Permit Parking Zone #8 (Kutzky Addition) on 1 st Street S.W., 700, 800, 900 and 1000 Blocks. Wishing to be heard was Pat Glenski, 917 First Street S.W. Mr. Glenski stated that he was the person responsible for submission of the petition and made himself available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hanson seconded, to adopt Resolution No. 133-99 approving Residential Permit Parking Zone #8 (Kutzky Addition) on 1s' Street S.W., 700, 800, 900 and 1000 Blocks and amending Section L "Residential Permit Parking " of the Comprehensive Traffic & Parking resolution book to read: 1 st Street S.W. on both sides from 7th Avenue to 11 th Avenue to be effective all hours "except' 5:00 pm to 10:00 pm, Monday through Friday, and 8:00 am Saturday to 10:00 pm Sunday. Ayes (6), Nays (0). Motion carried A Hearing to Consider Local Improvement Project No. 6205-4-99A (J-9540) "Concrete Curb & Gutter and Resurface 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 134-99 approving Local Improvement Project No. 6205-4-99A (J-9540) "Concrete Curb & Gutter and Resurface 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Levying of Project No. 6205-4-99A (J-9540) "Concrete Curb & Gutter and Resurface 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 135-99 approving the levying of Project No. 6205-4799A (J-9540) "Concrete Curb & Gutter and Resurface 5th Place N.W. from 16th Avenue N.W. to Civic Center Drive N.W.". Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 136- 99 entering into a Professional Services Agreement with Short, Elliot and Hendrickson (SEH) of Minneapolis, for study of the Removal of Infiltration and Inflow to the Sewer Collection System at a cost not to exceed $470,000.00. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 5 O 5 Regular Meeting No. 6 — March 1, 1999 Agenda Item F-2 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 137-99 authorizing submission of an application to MnDot requesting $1,375,000 in advance State Aid funding from the City's year 2000 Municipal State Aid allocation for the construction of 23`d Avenue S.E. in 1999. Ayes (6), Nays (0). Motion carried. G-4a Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. entering into an Owner Contract with Saturn Retail of Minnesota, Inc. and R.J. Ryan Construction for Project No. J-9532 "Watermain Extension to Serve Saturn Retail of Minnesota". Ayes (6), Nays (0). Motion carried. D-7 President Hunziker noted that there was an addendum to the Licenses and Miscellaneous Activities earlier on the agenda that he did not make note of. The Council approved the additional licenses and activities by consensus. H-1 & Councilmembers Evans moved, McConnell seconded, to remove from the table H-2 Project No. 6001-99 (J-9531) "Reconstruction of Wilshire Court N.E." and Project No. 9823 (J-9526) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 19th Street N.E. from Northern Heights Drive N.E. to East End of 19th Street". Ayes (6), Nays (0). Motion carried. Councilmembers Hanson moved, Stobaugh seconded, to adopt Resolution Nos. 139-99, 140-99, 141-99, and 142-99 ordering and receiving the Feasibility Report and ordering a Public Hearing on April 19, 1999 to consider the project and ordering the preparation of the Assessment Roll and Assessment Hearing for April 19, 1999 for Project. No. 6001-99 (J-9531) "Reconstruction of Wilshire Court N.E." and adopted Resolution Nos. 143-99, 144-99, 145-99, and 146-99 ordering and receiving the Feasibility Report and ordering a Public Hearing on April 19, 1999 to consider the project and ordering the preparation of the Assessment Roll and Assessment Hearing for April 19, 1999 for Project No. 9823 (J-9526) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 19th Street N.E. from Northern Heights Drive N.E. to East End of 19th Street". Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk