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HomeMy WebLinkAbout04-05-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular ouncOiFNReOting o = p V�q& Agenda Item A-1a Wishing to be heard was Jim Hedlund, 2333 11t' Avenue N.W. Mr. Hedlund spoke about the personnel director position that was to be acted on at the evening's council meeting. Mr. Hedlund urged the Council to reconsider hiring someone just for the City rather than consolidating the position with Olmsted County's open position. Mr. Hedlund pointed out that when the Mayo Clinic and St. Mary's consolidated personnel departments there were problems but things can always be worked out to the better. He presented a petition to the Council from individuals who agree that the position should be considered for consolidation with Olmsted County. A-1 b Wishing to be heard was Mike Quirk, 847 First Street N.W. Mr. Quirk invited the Council and the public to an open house for the restored building at 201 First Street S.W. He mentioned that this property was the one most terrible looking properties in the Kutzky property and has now been extensively rennovated. Mr. Quirk also called the Council's attention to the graffiti problem that is starting to show up now that warm weather has arrived. He asked that the Council allocate more monies if needed to the Park Department for the immediate clean up of the affected areas. u B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, David Senjem, Walter Stobaugh. Absent: Councilmember Jean McConnell. C-1 Councilmembers moved, seconded, .to adopt Resolution No. 179-99 referring the petition from Dennis Peterson to the Public Works Department for the project "Extension of Water Service to Pine Ridge Estates Fourth". Ayes (6), Nays (0). Motion carried. D-1-4 Councilmembers Hanson moved, Stobaugh seconded, to approve the following consent agenda items: D-1 Approved the minutes of the March 15, 1999 Council meeting. D-2 Approved the appointment of Linda F. Gilsrud as the Director of Employee Relations at a salary of $77,500.00. D-3 See at end of D Items. D-4 See at end of D Items. D-5 Adopted Resolution No. 180-99 entering into an agreement with PEMSTAR for excess fill material for city property. D-6 Adopted Resolution No. 181-99 indicating the previously approved revocable permits for Landmark Center and Motel 6 should show the perrmittees as GAC Development LLC and Motel 6 Limited Partnership rather than the Rochester Sign Service. 55z3 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5529 Regular Goun0�KeO eIn HEo F i_ RPN '1999 Agenda Item D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 Adopted Resolution No. 182-99 accepting the award of $604,000 from the Department of Housing and Urban Development for the City's 1999 CDBG Progra and approve the Grant Agreement. See at end of D Items. Adopted Resolution No. 183-99 executing the State Aid Agreement for $35,400 funding for two Rochester International Airport maintenance vehicles. Adopted Resolution No. 184-99 entering into a professional services agreement with TAVA Y2KOne, Inc. for a Year 2000 preparedness audit of critical operation systems at the Rochester International Airport. Adopted Resolution No. 185-99 authorizing the execution of the Collateral Assignment of Lease and Power of Attorney Agreement with Eastwood Bank and Mr. Leon DeCook for refinancing the Oak Summit Golf Course through Eastwood Bank. Adopted Resolution No. 186-99 entering into a professional services agreement with Holabird & Root for design and engineering for Terminal Building Improvements. Adopted the following Public Utility resolutions: Resolution No. 187-99 entering into a contract with Hathaway Tree Service for tree trimming services not to exceed $41,739.00. Resolution No. 188-99 entering into a contract with Asplundh Tree Expert Company for for tree trimming services not to exceed $75,000.00. Resolution No. 189-99 entering into a purchase order agreement with DUECO, Inc. for a Terex Telelect Digger Derrick in the amount of $96,543.00 plus sales tax. Resolution No. 190-99 approving payment of the Minnesota Pollution Control Agency 1999 emission fee for the Silver Lake Plant in the amount of $86,854.94. Approved the following licenses and miscellaneous activities: Beer — On Sale 3.2 Temporary Rochester Barbershop Chorus — St. Pius X Catholic Church — April 24, 1999 Olmsted Agricultural Association — Olmsted County Fair — August 2 through 8, 1999 Gamblinq — Temporary Raffles SE Minnesota Association of Realtors — Raffle — July 21, 1999 Rochester Area Builders, Inc. — Raffle — May 20, 1999 (waiver of 30 day holding period) Family Services of Rochester — Raffle — June 1, 1999 (waiver of 30 day holding period) 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5525 Regular Council Meeting No. 8 — April 5. 1999 Gambling — Premise Permits Olmsted County Hockey Association Renewals at North Star Bar, C.J.'s Midtown Lounge, Rookies Sports Grill & Bar, Outreach Six Acres Olmsted County Hockey Association Applications at John Barley Corne Restaurant, Wagon Wheel Steakhouse Heating Contractors Superior Air Handling Corporation, Clearfield, Utah Associated Mechanical Contractors, Shakopee, Minnesota Marvin E. Feakes DBA Titan Plumbing, Inc., Rochester, Minnesota Master Installers Les Chisman, Syracuse, Utah Clint Anderson, Lakeville, Minnesota David Niebuhr, Rochester, Minnesota Marvin E. Feakes, Rochester Minnesota Master Plumber Joseph M. Sand, Jr. DBA Associated Mechanical Contractors, Shakopee, Minnesota Marvin Feakes DBA Titan Plumbing, Inc., Rochester, Minnesota Miscellaneous Activities Olmsted County Emergency Management — Disaster Drill — May 5, 1999 VFW Post #1215 — Annual Poppy Day Sales — May 21-22, 1999 Alzheimer's Association — Memory Walk — September'11, 1999 American Legion Auxiliary #92 —Annual Poppy Day Sales — May 7-8, 1999 VFW Post #429 Auxiliary — Annual Poppy Days — May 7-8, 1999 Kiwanis Parent/Child Fair — June 23, 1999 D-15 Approved the transfer of the On -Sale Intoxicating Liquor and Sunday License from Pa Ro Enterprises, Inc. DBA First Class Restaurant to John Fohrman DBA J & M's Family Restaurant. D-16 Approved Accounts Payable in the amount of $1,257,412.96. D-17 Adopted Resolution No. 191-99 approving the Labor Agreement for Police Supervisors for 1999, 2000, and 2001. D-18 See at end of D Items. D-19 Adopted Resolution No. 192-99 entering into an Independent Contractor Agreement with the Wilder Research Center to provide protocol development services for the Stop Violence Against Women Act Fund Grant. D-20 See at end of D Items. D-21 Approved the donation from the Rochester Wal-Mart Store for unwanted ammunition for use by the Rochester Police Department. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5526 CITY OF ROCHESTER, MINNESOTA RPai,lar rmin6l Meeting No 8 — April 5 1999 Agenda Item D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 See at end of D Items. Adopted Resolution No. 193-99 authorizing the City Clerk to advertise for bids for the closure of the landfill and lagoon at the Water Reclamation Plant. Adopted Resolution No. 194-99 approving a Weed Control Agreement with 4Control for weed control for various flood control sites in an amount of $4,792.50. Adopted Resolution No. 195-99 executing the Joint Resolution with Rochester Township for annexation of the existing 66 feet right of way of 48d' Street S.W. from 11t' Avenue S.W. to County Road (Bamber Valley Road S.W.) and authorize staff to retain the necessary consultants to design the street reconstruction project from 11U' Avenue S.W. to the Scenic Oaks Developments. Adopted Resolution No. 196-99 entering into a development agreement with Windsor Well Corporation on the development of 20 acres of property along 18d' Avenue S.W. known as the Sanborn property. Adopted Resolution No. 197-99 approving the issuance of revocable permit with Steven Sawyer at 946 14'h Avenue S.W. to allow the encroachment of a retaining wall in the right of way. Adopted Resolution No. 198-99 entering into an Annexation/Utility Agreement with Hawthorn Hills Associates for property in Cascade Township and instruct the City Clerk to record the Agreement. Adopted Resolution No. 199-99 entering into a City -Owner Contract, Storm Water Management Agreement and Contribution Agreement for Southern Hills Second Subdivision. Adopted Resolution No. 200-99 referring the petition from the residents of 23`d Avenue S.E. to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of 23rd Avenue S.E. Adopted Resolution No. 201-99 referring the petition from the residents of 22"d Street S.E. to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of 22"d Street S.E. Adopted Resolution No. 202-99 referring the petition from the residents of Pinewood Road S.E. to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Pinewood Road S.E. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5527 Regular Council Meeting No. 8 — April 5, 1999 Agenda Item D-33 Adopted Resolution No. 203-99 referring the petition from the residents of Nelson's Subdivision to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Nelson's Subdivision. D-34 Adopted Resolution No. 204-99 referring the petition from the residents of Marvale Addition to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Marvale Addition. D-35 Adopted Resolution No. 205-99 referring the petition from the residents of 25th Avenue S.E. to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of 25th Avenue S.E. D-36 Adopted Resolution No. 206-99 referring the petition from the residents along the south side of Marion Road S.E. to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of the south side of Marion Road S.E. D-37 Adopted Resolution No. 207-99 referring the petition from the residents of Forest Hills Subdivision to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Rochester Town Board and prepare an Orderly Annexation Agreement with Rochester Township for annexation of Forest Hills Subdivision. D-38 Adopted Resolution No. 208-99 referring the petition from the residents of rose Haven Subdivision to the Department of Pubic Works for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Rose Haven Subdivision. D-39 Adopted Resolution No. 209-99 requesting approval from the Commission of Transportation to approve advance encumbrances for municipal state -aid projects. D-40 Adopted Resolution No. 210-99 authorizing the City Clerk to advertise for bids for Project No. 6323-2-97 (1-4890) "Mayo Run Corridor Improvement", Project No. J- 9402) "23rd Avenue S.E. and 8 Y2 Street S.E.", Project No. 6323-02-99 (J-9554) "University Center Rochester Internal Campus Roads" to be opened on April 30, 1999. D-41 I See at end of D Items. D-42 I See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5528 CITY OF ROCHESTER, MINNESOTA Real flar Col incil Meeting No 8 — April 511999 Agenda Item D-43 D-44 D-45 D-46 D-47 D-48 D-49 Adopted Resolution No. 211-99 authorizing the City Clerk to advertise for bids to be opened on April 28, 1999 for Sidewalk Replacement Project No. 1-1998 (J-9487) (Meadow Park Area) "13th Street to 16th Street S.E., and 3rd Avenue to 11th Avenue S.E., 11th Avenue S.E. (West side) from 12th Street to 13th Street S.E.". Adopted Resolution No. 212-99 authorizing the City Clerk to advertise for bids to be opened on April 28, 1999 for Sidewalk Replacement Project No. 2-1998 (J-9488) (Meadow Park Area) "16th Street to 20th Street S.E., 3rd Avenue to 11th Avenue S.E." Adopted Resolution No. 213-99 adding Paragraph (306.1) to the Comprehensive Traffic & Parking Resolution Book to read: (306.1) Fox Valley Drive S.W. from 23rd Avenue to Street End, on both sides of the street, from 11:00 pm to 5:00 am. Adopted Resolution No. 214-99 making the following changes to the Comprehensive Traffic & Parking Resolution Book to read: Amend paragraphs 67, 67.5 & 68 of section B "No Parking Zones" to read: (67) Civic Center Drive N.E. both sides of the street, from 2Id Street N.E. to Center Street, at all time. (67.5) Civic Center Drive S.E. both sides of the street, from Center Street to 2"d Street S.E., at all time. (68) 3rd Avenue S.E., on both sides of the street, from 2"d Street S.E. to 5th Street S.E., at all time. 2. Delete paragraph (8) of section T — Zone G (3 hr metered parking). 3. Add paragraph (41) to section E Passenger Loading Zones to read: (41) Civic Center Drive S.E./10 Block on the east side of the street, from a point 80 feet more or less south of Center Street to a point 180 south of Center Street, in a recessed parking bay for the Mayo Civic Center, 5 minute limit. Adopted Resolution No. 215-99 authorizing the City Clerk to advertise for bids to be opened on May 11, 1999, for "Roofing Replacements at the Water Reclamation Plant ". Adopted Resolution No. 216-99 awarding the contract for Project No. 6201-3-95 (J- 9330) "Reconstruction of 1s' Street S.W. from 11th Avenue to 16th Avenue S.W." to Road Constructors in the amount of $358,694.92. Adopted Resolution No. 217-99 awarding the contract for Project No. 6306-2-99 (J- 9525) "Reconstruction of 6th Avenue S.E. from East Center Street to 4th Street S.E. to Rochester Sand & Gravel in the amount of $253,986.19. 0 1 Agenda Item D-50 D-51 D-52 D-3 D-4 M D-18 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5529 Regular Council Meeting No. 8 — April 5, 1999 Adopted Resolution No. 218-99 awarding the contract for Project No. 6206-4-98 (J- 9468) "Storm Sewer and Concrete Curb and Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W." to Rochester Sand & Gravel in the amount of $179,115.95. Adopted Resolution No. 219-99 awarding the contract for Project No. 5703-99 (J- 9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W." to Road Constructors in an amount of $169,208.02. Adopted Resolution No. 220-99 awarding the contract for Project No. 9858 (J-6392) "Installation of a Traffic Signal on North Broadway & Rocky Creek Drive N.E." to Nietz Electric in an amount of $96,000. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if there could be progress reports on the energy savings each year. Steve Kvenvold, City Administrator, said it would be appropriate at budget time each year to give an update on the realized savings. Councilmembers Senjem moved, Stobaugh seconded, to approve the staff to proceed with energy savings improvements to the Mayo Civic Center and Recreation Center. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked why the application fee was increased from $3000 to $5000. Staff noted that consultant costs are exceeding any fees now taken. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 221-99 approving revised policies for the City's Tax Increment Financing Program. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked about the $4000 per year rental. Staff noted that the $4000 is only an option agreement for one year. Rental of the property would be considerably higher. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 222- 99 entering into a land option agreement with Chafoulias Companies for 20 acres of airport property adjacent to County Road 16 and Air Commerce Drive for a period of one (1) year for at a cost of $4000. Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, noted that only the Mayor and City Clerk are authorized to sign agreements. Councilmember Senjem questioned whether those people conducting the survey could enter onto someone's land without their permission. It was noted that landowner permission would be obtained prior to entering onto the land. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 223- 99 entering into a grant agreement with the State of Minnesota for a Conservation Partners and Environmental Partnerships Grant Application. Ayes (6), Nays (0). Motion carried. 5530 Agenda Item D-20 D-22 D-41 42 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular .o in .il Meeting Nn A — April 5, 1999 Councilmember Senjem wanted to thank the Rochester Area Association of Realtors for their contribution. Councilmembers Senjem moved, Evans seconded, to accept the $500 donation from the Rochester Area Association of Realtors for the Cop Talk Live program. Ayes (6), Nays (0). Motion carried. Councilmember Senjem asked if there was an Olmsted County sharing of expenses for the new 9-1-1 system. Steve Kvenvold, City Administrator said that the costs will be shared 50-50 between the two entities. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 224-99 entering into a Sales and Installation Agreement with U.S. West Communications Services, Incorporated for an enhanced 9-1-1 Computer/Telephone Equipment System for the Rochester Police Department at a cost of $89,813.55. Ayes (6), Nays (0). Motion carried. Councilmember Evans felt that the cost of the project was too high a cost for something that is not needed. Councilmember Evans moved to deny entering into an agreement with HNTB and awarding the contract. Motion failed for lack of second. Councilmembers Marcoux moved, Stobaugh seconded to adopt Resolution No. 225-99 entering into a Construction Engineering Services Agreement with HNTB, architects & engineers for Project No. 7503-19-99 (J-4894) "Construction of the 7tt' Street N.E. Pedestrian Bridge (Silver Lake Trail) over the Zumbro River", and adopt Resolution No. 226-99 awarding the contract for Project No. 7503-19-99 (J-4894) "Construction of the 7t' Street N.E. Pedestrian Bridge (Silver Lake Trail) over the Zumbro River" to Structural Specialties, Inc., of Hutchinson, Minnesota, at a cost of $386,625.00. Discussion. Doug Nelson, Public Works Department, noted that the costs are valid even though the estimates are slightly higher than what was projected. The water level cannot be lowered as significantly as originally thought. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on City Council Initiated Text Amendment #98-4 to Amend the City's Subdivision Regulations. Terry Adkins, City Attorney, commented on the timeline of the process which began in February of 1997 when the City agreed to retain the law firm of Freilich, Leitner & Carlisle from Kansas City, Missouri, in the review process. A number of meetings were held with the Council, Planning Commission, builders and developers and the general public on issues within the City. In early 1998, fifteen legal policy issues were review by Council as a part of the process. After that time, the consultant met again with developers, builders and the public to discuss the issues and the direction that may be taken. After a draft ordinance was developed, a series of I I Ll Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5531 Regular Council Meeting No. 8 — April 5, 1999 meetings with builders,. developers, public and Planning Commission were again held to comment on the draft. The fifteen policy issues were reduced to seven and a series of meetings were again held to receive public input into the drafting of the final ordinance. In October 1998 the Council closed the public hearings and adopted the Planning Commission's recommendations on each issue. The final ordinance was drafted and presented to the development community and the Planning Commission for further comments. After a series of subcommittee meetings to review the proposed subdivision regulations ordinance, the Planning Commission submits the proposed Subdivision Ordinance to the Council. The April 5th hearing is then set for final public comment before the City Council. Wishing to be heard was Dr. Robert Freilich, Kansas City, Missouri. Dr. Freilich noted that the process has been extremely interactive with citizens, technical people within the community and with the Rochester Area Builders Association. The City has been responsive to the process. Over 80 percent of the suggestions made by the Rochester Area Builders Association were incorporated into the new ordinance. Key issues were targeted as identified by the Planning Commission and the Council. Significant changes within the ordinance is that neighborhood meetings are established which may add approximately 30 days to the process but a majority have agreed this will resolve many issues before they become difficult choices for the Council. Grading permits have been looked at. The traffic analysis earlier in the process is looked at so that it can help with rezonings and plan amendments. A process for development agreements has been established so that developers are vested to existing regulations for the future. The park dedication has been linked to demand thus reducing the park dedication requirements with developers from ten acres per thousand population to eight acres per thousand population. This process requires on -site requirements which are basically the minimum that communities of this size consider to be appropriate standards. Most developers in this community adhere to a greater set of standards than the minimums. We hear that this new ordinance will result in a 30 percent decrease in subdivision activity. No impact fees are imposed under this ordinance. There are no requirements for developers to pay for off -site development costs unless the development is so far ahead of the City's capital improvement program and the existing structure of the roads in fringe areas. Even if developers were to pay for off -site costs for subdivisions, the studies document that when requirements are made for improvements in housing on or off -site they result in lowering land costs as opposed to passing on costs to the housing consumer market. Dr. Freilich closed by saying that if the City wants to build affordable housing, land costs need to be reduced. Areas of density need to be looked at where land costs can be reduced by the per unit of housing. Excess public property needs to be looked at that you already have that can be used for housing, Using the general fund to reduce the interest rate by using tax exempt interest bonds. Eliminate the tax on the house by using tax increment financing. The federal tax credits, through public/private partnership, amount to a $25,000 tax credit under the HUD regulations. Don't cheapen the housing but make it affordable for low and moderate income people. Dr. Freilich urged the Council to adopt the new subdivision ordinance and regulations as they reflect the broadest consensus in the community of the neighborhoods, the building industry, the staff, the professional people, the Planning Commission and the consultant. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5532 Real liar Coi1nnil Maatina No. $ —April 511999 Agenda Item Wishing to be heard was Jim Gander, 932 Sierra Lane, representing the Rochester Area Builders Association. This is not a neighborhood association ordinance. The developers and builders are not against having meetings, it's a good process, but the ordinance goes farther than just neighborhood meetings. Mr. Gander noted that the ordinance before the Council tonight was not the draft previously looked at by the Planning and Zoning Commission last week. There are differences in what was looked at last week and what is before the Council tonight. Mr. Gander noted that the cost of labor and materials is not going to be going down. There is an energy code that will be enacted for building homes on July 20t'. That will bring the cost of housing up. The fore -mentioned costs plus the additional costs that the new ordinance will bring; the cost of housing will be going up. He asked that the Council not vote on the issue because it has been two years in the making, just because the staff recommends it, and just because the developers and builders don't like it. Consider what it does for Rochester. He also asked that the.Council table the issue until they read the document as it appears tonight. Wishing to be heard was Bob DeWitz, 604 11t' Avenue S.W. The ordinance is unclear. There are things that need to be changed. (Not being able to read the final draft does not allow to show you how the ordinance will affect development and/or affordable housing.) The changes will increase the cost to the taxpayers of Rochester. The houses developed over the past 30-40 years without this code are not bad houses. Instead of paying someone to develop the subdivision ordinance, the City should have paid for a study as to where more land can be obtained with sewer and water. Wait until the ordinance is in the format that you know what you are passing. Terry Adkins, City Attorney, explained that the ordinance document which is in his possession is the same document that last Wednesday night/Thursday morning was approved by the Planning and Zoning Commission with handwritten edits. The draft ordinance was then typed using the original language with the edits. This is the document that is being considered for approval. If there are mistakes in the transferring of the information, they need to be brought to the attention of Mr. Adkins. Wishing to be heard was Julie Leitzen, 604 11th Avenue S.W. Ms. Leitzen noted that she has worked on the ordinance and followed it from the beginning. Finding E, referring to the lack of affordable housing; there is nothing in the document on affordable housing. You should deal with affordable housing in the other instances that were brought up by Dr. Freilich. She felt that the issue of affordable housing will not get better; there are no regulations that have been advanced to promote it. Larger lot requirements will not lead to more affordable housing. Some of the things in the ordinance are left to the whim of the staff or Council; there are no assurances for the developers. The new ordinance approval requirements are very open-ended so that if you do buy land you are unable to determine what is going to be approved and what is not; there is nothing cut-and-dried. Ms. Leitzen stated that everything in the new ordinance is not bad but there are portions of the existing code that were not looked at that possibly should have been. She noted that the development agreement is also open-ended; they have no idea what the City is going to require them to do and depending on how badly they need it, they will do it. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5533 Regular Council Meeting No. 8 — April 5, 1999 With the new ordinance, entry level housing will not be able to be built in the City but will have to find a different place, probably in a surrounding community. Are the businesses in Rochester going to keep their workers here if they don't have affordable housing for them to buy or rent. Wishing to be heard was Mark Bilderback, 839 Seventh Avenue S.E., representing the Southeast Neighborhood Association Steering Committee. Mr. Bilderback stated that it would save the developers a lot of money and headaches if they would meet with the neighborhoods before hand. The neighbors are not opposed to development but would like to be included. He asked that the Council not change the requirement for the neighborhood meetings. Wishing to be heard was Larry Johnston, 6200 Fairway Drive N.W., with the Northwest Neighborhood Association. He was involved in the Orchard Ridge Development and feels that the neighborhood meetings can bring out problems that can be worked out ahead of time and not necessarily slow things down. One of the other major concerns that his neighborhood had was transportation because of the type of rapid penetration that could occur with the type of housing and the number of units proposed. He noted that one of the things that Dr. Freilich mentioned was equity from the standpoint of the developer which is a very important consideration. What is really being talked about is timing and staging development to. match with the infrastructure that everyone has already made. He stated that he thinks that we are beginning to get to a point where things are not looked at in a piecemeal nature but how to take the best advantage of the infrastructure that has been put in place. You are not restricting development but trying to take best advantage of the infrastructure that the people in this community have provided. He urged the Council to approve the ordinance. Wishing to be heard was Don Soderberg, 130 Cheval Lane. He stated that, after listening to everyone, that the Council has an ordinance that needs to be massaged. He urged the Council to take a little more time and look it over better. Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W., owner of North American Realty in Rochester. Mr. Kottschade has developed a number of subdivisions within the City. Each of the subdivisions has entry or first-time homebuyers in them. Mr. Kottschade challenged the Council members to apply one standard towards the issue — affordability; what is the cost. One cannot define what affordability is but rather something that each of us relate to based on our ability to purchase that given item. He noted that Dr. Freilich has stated that "Rochester currently has a tight housing market which enables developers to shift a greater portion of costs to the -end users. If the costs are actually passed to the homebuilders it doesn't make sense that the developers would raise the issue at all because it would be the homebuyers bearing the costs and not the developers." Mr. Kottschade noted that the increased housing costs will affect the job market in the City. He made reference•to housing costs that Dr. Freilich presented previously stating that housing costs would rise $3000-$5000 per unit. If this cost is passed to the homeowner, it makes no difference in the affordability of the immediate price of a new home in Rochester. Mr. Kottschade referenced the new energy code for building effective July 1999. The Builders Association of Minnesota is attempting to 5534, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item get it delayed and to get it modified because of the implications for the building industry. It would cost between $3,000410,000 for the homeowner. Mr. Kottschade noted that developers should be held accountable and responsible for problems in subdivisions and to correct them. He also believes that there be a standard that the Council should have. If the record is there and these things occur in terms of housing, the record is clear because the knowledge was there. Wishing to be heard was Bob Wenner, 828 26'h Street N.E Mr. Wenner spoke as a resident of Rochester hearing both from the developers and staff.. He suggested that it may pay to wait before adopting the ordinance until everyone has had a chance to view the complete document. Mr. Wenner had testified before the Council previously regarding the grading ordinance which will be coming before the Council shortly. He felt that it would not be advantageous to approve the subdivision ordinance and then have something in the grading ordinance cause an amendment to the subdivision ordinance. The subdivision ordinance needs to have some resolution on affordability. There is also no way of penalties or controlling what isn't done by developers... there are no teeth in the ordinance. Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon pointed out that one topic that hasn't been discussed is the implementation of this process for projects that are already ongoing. He suggested that the general development plans that have been adopted be exempted from the ordinance. Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. Mr. DeWitz had one comment... "stormwater°. Wishing to be heard was Mary St. Marie, 6208 Fairway Drive N.W. Ms. St. Marie commented that it was her impression that the ordinance is a way to keep the City fiscally sound and keep urban sprawl from taking over. The traffic reports at the beginning make a lot of sense. She also commented that she hoped the process of adopting the ordinance wasn't going to go on for months more. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve City Council Initiated Text Amendment #98-4 to Amend the City's Subdivision Regulations and instruct the City Attorney to prepare the required ordinance for adoption. Discussion. It was noted that the second reading of the ordinance would not be done until the May Td meeting thus giving individuals at least 25 days to comment on the draft ordinance and to clear up any clerical errors in the transferring of the information from one draft to another. Ayes (5), Nays (1). Motion carried. Councilmember Senjem voted nay saying that he preferred to wait for two weeks and clean up the draft ordinance. 0 L' RECORD OF, OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5535 Regular Council Meeting No. 8 — April 5, 1999 Agenda Item E-11 A Hearing on Vacation Petition #99-5 by Angela Sunde to vacate the 5-foot utility easement located along the west property line described as the West 58 feet of Lot 5, Block 3, Sunset Terrace 3`d Addition. Wishing to be heard was Chuck Podolske , 2216 18th Street N.W. Mr. Podolske asked if he has to assume the burden if something goes wrong with the utilities; and if the easement is vacated, can it be built on. Mitzi Baker, Planning Department, commented that Mr. Podolske also has a five- foot easement on his property in addition to the five-foot being vacated on the Sunde side. The applicant has asked that the entire easement along the property line be vacated. No department or agency commented or objected to the petition to vacate the utility easement. If the easement is built on, a variance would be needed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 227-99 approving Vacation Petition #99-5 by Angela Sunde. Ayes (6), Nays (0). Motion carried. E-2 A Hearing on Preliminary Approval of Issuance of 501 c(3) Bonds for the Wedum Foundation. Wishing to be heard was Tim Trimble, SilverCrest Properties, LLC, St. Louis Park. Mr. Trimble was available for any questions from the Council. They are the developers of the project. Having no one further wishing to be heard, President Hunziker closed'the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 228- 99 approving Preliminary Approval of Issuance of 501 c(3) Bonds for the Wedum Foundation. Ayes (6), Nays (0). Motion carried. E-3 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 B-5 property located along the south side of Country Club Road, east of West Circle Drive and west of the golf dome. Wishing to be heard was Dave Schwartzkopf, 331 Wimbledon Hills Drive S.W. Mr. Schwartzkopf noted that the proposal includes three buildings and is not acceptable to the neighbors. One building would not pose a problem. Wishing to be heard was David Joel, 419 Eagle Lane S.W. Mr. Joel stated that he is not opposed to one building but would be to three buildings. He has concerns about the organization selling the property and the tenants that would be occupying the other two units as well as the large parking lot that would be needed. Mr. Joel made reference to a petition signed by homeowners opposed to the expanded development. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5536 Agenda Item Wishing to be heard was Bob Suk, 18 Third Street S.W., representing the Professional Skaters Association. Mr. Suk comments that they have had extensive meetings with the neighbors and have tried to come up with the best possible plan. They have looked at other lands in the City but found that there was very little available for a development of this nature. Mr. Suk stated that two of the units would be resold; all buildings would be uniform in design. Mr. Suk referenced a letter from John Klopp, developer of Foxcroft, who is very positive of this development and how it will not impact the surrounding residential properties. Mr. Suk handled out copies of the petition from owners in the Wimbledon Townhomes and Condominiums supporting the project. Wishing to be heard was Attorney Steve Rolsch, 423 Third Avenue S.E. Mr. Rotsch stated that Rodney Younge, developer of Eagle Ridge Subdivision, would approve one building on the six lots but would be opposed to further buildings. He felt that six commercial lots in a residential area would detract from people looking at the remaining properties in Eagle Ridge. Wishing to be heard was Milt Rosenblad, Attorney, 505 Marquette Bank Building, representing the owners of the property, Moen Home Builders. He noted that driving along Second Street S.W. it is assumed that this is not a residentia area Mr. Rosenblad stated that there have been no complaints from Wimbleton Hills or Country Club Estates Second above this development. Moen Builders still own five lots and feel that the Skaters building would not detract from selling their lots. Wishing to be heard was Joe Powers, 1110 Buck Ridge Drive. Mr. Powers stated that the Skaters building would be a great addition to the City. There is plenty of commercial growth already in the Second Street area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to approve Zoning District Amendment #98-23 by the Professional Skaters Association with three findings and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-4 IA (Continued) Hearing on Final Plat #98-32 to be known as Diamond Ridge Fifteen Subdivision. Wishing to be heard was Bob DeWitz, 604 11t' Avenue N.W. Mr. DeWitt stated that they need stormwater ponds and, therefore, the question is will the homeowners take care of the ponds or will it be the City of Rochester's responsibility in the future. He will maintain the ponds for the next five years until all landscaping is completed. Mr. DeWitz noted that over the past month he has worked with the engineering firm of McGhie & Betts. He estimated that the extra pipe needed to create only one pond would be approximately $30,000. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5537 Regular Council Meeting No. 8 — April 5, 1999 Richard Freese, Public Works Director, noted that in the absence of any adopted Stormwater Management Plan and Stormwater Utility a private maintenance agreement will be needed as a condition of the plat. The Public Works Department currently has no financial means to care for ponds. Mitzi Baker, Planning Department, noted that the plat would have to be revised if the ponds will remain private to reflect separate outlots for the ponds. Care and maintenance agreements would need to be submitted to the Planning Department prior to submission of the final plat. Ms. Baker stated that two conditions would need to be added: (1) That the plat be revised to reflect outlots for each separate pond, and (2) Private maintenance and care agreements be submitted to the City prior to the recording of the plats and that those documents must be recorded. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 228A-99 approving Final Plat #98-32 to be known as Diamond Ridge Fifteen Subdivision with five conditions and two additional conditions as presented by Mitzi Baker for the two ponds and the need for a change in the plat to reflect the private maintenance and ownership of the two ponds. Ayes (6), Nays (0). Motion carried. E-5 A Hearing on Annexation by Ordinance Petition #99-5 by Payne Company to annex approximately 21.33 acres of property located south of Sunset Lane N.E., east of East Circle Drive, and within part of the approved Century Hills General Development Plan. Brent Svenby, Planning Department, noted that the total acres of the annexation should be 19.13 rather than 21.33. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senjem seconded, to approve Annexation by Ordinance Petition #99-5 by Payne Company and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-6 I A Hearing on Final Plat #98-31 to be known as Century Hills 3rd Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer. Mr. DuMond noted that they were in agreement with all the conditions except condition #6. The developer and Mike Nigbur, Public Works Department, are in agreement that at the end of the sentence the following should be added "...and be included within the temporary turnaround." The preliminary plat did not show the extra right-of-way that is being proposed for the temporary turnaround and the area has not been annexed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 228B-99 approving Final Plat #98-31 to be known as Century Hills 3rd Subdivision with eight conditions and condition #6 as modified. Ayes (6), Nays (0). Motion carried. 5538 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-7 E-8 E-9 A Hearing on Annexation by Ordinance Petition #99-4 by Mark Leitzen, Bernard Leitzen, lone Leitzen, and the City of Rochester to annex approximately 25.95 acres located east of the Menards South Store, north of TH 52. Wishing to be heard was Cedric Schutz, Land Consultants, representing the applicants. The State is adjoining the property; he felt that the City should develop a policy when there are "patchwork" areas of zoning such as this, they can be annexed together to eliminate zoning problems. Gary Neumann, Assistant City Administrator. Mr. Neumann noted that the State land is a right-of-way into the City and to get land such as this annexed is a major undertaking. They would, however, start the process and see if other right-of-ways also could be annexed. He also noted that the area of the City -owned parcel is a storm water detention pond and will not be used, but the City piece will come in as R-1 and the rest of the land will be zoned M-1. They probably should both have been zoned M-1. The Planning Department suggested that the City portion be put in a holding zone and could be brought back to the Council within 60 days and rezoned M-1. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation by Ordinance Petition #99-4 by Mark Leitzen, Bernard Leitzen, lone Leitzen, and the City of Rochester and to put the City -owned parcel in a holding zone. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase 11 Zoning District Amendment #99-3 by Mark Leitzen to amend the zoning district from R-1 to M-1 on land located east of the Menards South Store, north of TH 52. Wishing to be heard was Cedric Schutz, Land Consultants. He commented that if there is a concern about the zoning on the piece of land coming into the City it should be called to the attention of the developer immediately by the Planning staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Zoning District Amendment #99-3 by Mark Leitzen and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on the Amendment to General Development Plan #121 by Fred Schmidt to be known as Emerald Hills. Wishing to be heard was Wade DuMond, Yaggy-Colgy, representing the developer. Mr. DuMond noted they were in agreement with all conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve General 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5539 Regular Council Meeting No. 8 — April 5, 1999 Development Plan #121 by Fred Schmidt to be known as Emerald Hills with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-10 I A Hearing on Type III, Phase II, Preliminary Plat #99-9 to be known as Emerald Hills Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond noted the notation that the applicant submitted a revised plat that addressed condition #1. Therefore, condition #1 should be removed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to approve Preliminary Plat #99-9 to be known as Emerald Hills Subdivision with five conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-12 A Hearing on Type III, Phase II Zoning District Amendment #99-2 by Payne Company to amend the zoning district from R-1 to R-1x on property located west of Rim Rock Lane N.E., south of Century Court N.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Zoning District Amendment #99-2 by Payne Company and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-13 A Hearing on Final Plat #99-1 to be known as Northern Heights North Townhomes 2"d Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond noted that they were in agreement with the four conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hanson seconded to adopt Resolution No.228C- 99 approving Final Plat #99-1 to be known as Northern Heights North Townhomes 2Id Subdivision with four conditions. Ayes (6), Nays (0). Motion carried. E-14 A Hearing on Type III, Phase II, Preliminary Plat #99-8 to be known as Spruce Meadows Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the applicant. Mr. DuMond noted that they were in agreement with conditions #3, 5, 7, and 8. Condition #6 can be dropped as there was a wetland exemption from 1993 when the site was graded. He also noted that on condition #2 one-half of the street is owned by the City and the other half is in two lots. The improvement can not be 5590 Agenda Item E-15 E-16 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Real liar CoirnC*I Meeting No 8 —April 511999 accomplished until the lots are developed. Mike Nigbur, Public Works Department, will work with the developer for resolution prior to the final plat. Wishing to be heard was Arnold Bomgaars, 820 10'h Street S.W., the developer. He noted that the wetlands issue was address when it was filled during the flood control project. The wetlands evolved when the County installed a culvert and the water drained into a ditch area. Condition #1 refers to a turn lane at 16 % Street off of County No. 1. Most of the traffic will come from 20th Street and not 16'/z Street. He questioned the need for the turn lane at 16 % Street. There are no other turn lanes on County No. 1. The Council informed Mr. Bomgaars that the provision for the turn lane was required by the County. Mr. Bomgaars will need to ask the County to forego the turn lane. Wade DuMond noted that condition #7 has been satisfied. Arnold Bomgaars also had a question on condition #4 regarding a sidewalk along the east side of the plat that fronts on 11th Avenue. There is currently a sidewalk along the west side of the street; the only area that a bikepath would service on the east side is in this plat. There are no connections to the south. Mike Nigbur, Public Works Department, noted that a five-foot walk is recommended or bituminous path. Once 20`h Street is developed, a greater population will be using the area on both sides of the street. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, approving Preliminary Plat #99-8 to be known as Spruce Meadows Subdivision with condition #1 if required by Olmsted County at the beginning of the sentence, #2 and #3, #4 and #5 as amended at the bottom of the Request for Council Action, #6 deleted, #7 as stated and "the developer shall incorporate a curve to allow this to happen", and #8 deleted, and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit #99-10 by Jerry Nelson to be known as The Brittany's located northeast of Valleyhigh Drive N.W., north of 30t' Avenue N.W., and east of 31" Avenue N.W. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that they were in agreement with the six conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Stobaugh seconded, to approve Land Subdivision Permit #99-10 by Jerry Nelson to be known as The Brittany's with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit #99-11 by Forbrook/Bigelow Development to be known as Manor.Woods West Eleventh 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 8 — April 5, 1999 5541 Subdivision located north of 4t' Street N.W., west of 44t' Court N.W., and south of 51h Street N.W. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. They are in agreement with the seven conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Land Subdivision Permit #99-11 by Forbrook/Bigelow Development to be known as Manor Woods West Eleventh Subdivision and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-17 I A Hearing on Type III, Phase 11 Conditional Use Permit #99-6 by the City of Rochester to allow for filling in a Flood Prone area. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 229-99 approving Conditional Use Permit #99-6 by the City of Rochester. Ayes (6), Nays (0). Motion carried. F-1 Doug Knott, Downtown Development Director, gave a background of the project first starting as a twin -tower project proposed in May of 1998 and changing to a single tower on the Brackenridge location at a later date. Mr. Knott noted that the old Massey's building is being extensively rennovated for Mayo Clinic use and the IBM Credit Union is also proceeding with plans for renovation of the Odd Fellows Hall. Ron Fiscus, Yaggy-Colby, representing the developer noted the need for extended stay facilities in the downtown area. He stated that as of April 5th, contacts have been made with property owners for development of the north tower. He asked the Council to table the project. Councilmembers Evans moved, Stobaugh seconded, to deny GBF Rochester, LLC an extension of time for the submission of revisions to the Centre Crowne project. Ayes (4), Nays (2). Motion carried. Councilmembers Marcoux and Hanson voted nay. F-2 Jim Gander, 932 Sierra Lane N.E., spoke to the Council asking them to reconsider their action to exclude non -union personnel for the Mayo Civic Center expansion project. He said that the Council was being unfair to non -union taxpayers in the City and pressure from conventions to pull out if the work is not union should not be a factor. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 230-99 approving the need for the project labor agreement for the Mayo Civic 5542 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular C:nllnCil Meeting No 8 — April 511999 Center expansion project. Ayes (5), Nays (0), Abstain (1). Motion carried. Councilmember Hanson abstained due to a personal conflict of interest. F-3 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 231-99 entering into a grant application with DNR Conservation Partners for seeding the former Rochester Landfill site with a prairie cap authorizing the Mayor and City Clerk to sign the agreement. Ayes (6), Nays (0). Motion carried. G-2a An Ordinance Rezoning Certain Property from the R-1 District to the B-5 District and Amending Ordinance No. 2785, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (south side of Country Club Road, east of West Circle Drive, west of golf dome — Professional Skaters Association) G-2b An Ordinance Annexing to the City of Rochester Approximately 19.13 Acres of Land Legally Described as a part of the North Half of the Southeast Quarter of Section 30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (south of Sunset Lane N.E., east of East Circle Drive) G-2c An Ordinance Annexing to the City of Rochester and Assign the H Zoning District to Approximately 19.13 Acres of Land Legally Described as a part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 106 North, Range 14 West, Olmsted County, was given a first reading. (east of Menards south, north of Highway 52) G-2d An Ordinance Rezoning Certain Property from the R-1 District to the M-1 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (east of Menards south, north of Highway 52) G-2e An Ordinance Rezoning Certain Property from the R-1 District to the R-x1 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (west of Rim Rock Lane N.E., south of Century Court N.E.) G-2f An Ordinance Creating and Enacting Sections 60.605, 61.151, 61.152, 61.153, 61.154, 61.155, 61.240, 61.241, 61.242, 61.243, 61.244, 61.245, 61.246, 61.247, 61.250, 61.251, 61.252, 61.253, 61.254, 61.580, 61.581, 61.582, 61.583, 61.584, 63.501, 63.502, 63.503, 63.504, 63.505, 63.506, 63.507, 64.227, 64.330, 61.331, 64.332, 64.340, 64.350, 64.421, 64.422, 64.423 and 64.424 of the Rochester Code of Ordinances, and Amending and Reenacting Sections 60.200, 60.630, 61.200, 61.210, 61.211, 61.212, 61.213, 61.214, 61.215, 61.216, 61.217, 61.221, 61.222, 61.223, 61.225, 61.226, 61.227, 61.228, 61.230, 61.231, 61.232, 61.234, 61.235, 61.236, 61.237, 61.238, 61.300, 61.301, 61.302, 61.303, 61.520, 61.521, 61.522, 61.523, 61.524, 61.525, 61.526, 61.527, 61.528, 61.529, 61.530, 61.532, 61.533, 61.550, 61.551, 61.553, 61.555, 63.500, 63.531, 63.532, 63.533, 63.534, 64.100, 64.110, 64.111, 64.112, 64.113, 64.120, 64.121, 64.122, 64.123, 64.124, 64.125, 64.126, 64.127, 64.128, 64.129, 64.130, 64.131, 64.132, 64.133, 64.134, 64.135, 64.136, 64.137, 64.138, 64.139, 64.140, 64.141, 64.142, 64.143, 64.144, 64.145, 1 i� Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5543 Regular Council Meeting No. 8 — April 5, 1999 64.146, 64.147, 64.210, 64.211, 64.220, 64.221, 64.222, 64.223, 64.224, 64.225, 64.226, 64.230, 64.231, 64.232, 64.240, 64.250, 64.251, 64.260, 64.261, 64.262, 64.270, 64.300, 64.310, 64.311, 64.312, 64.321, 64.322, 64.400, 64.420, 64.430, 64.440, 64.441, 64.442, 64.450, 64.460, 64.461 and 64.470 of the Rochester Code of Ordinances, and Repealing Sections 61.143, 61.229, 61.304, 61.305, 61.306, 63.510, 63.511, 63.512, 63.513, 63.521, 63.522, 63.523, 63.524, 63.525, 63.526, 63.527, 64.114, 64.148, 64.233, 64.330, and 64.340 of the Rochester Code of Ordinances, Relating to the Revision of Subdivision Regulations, was given a first reading. G-4a Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 232-99 entering into an owner contract with Joel Bigelow and Sons and Elcor Construction for Project No. J-9565 "Basic Construction in Southern Hills Second Subdivision". Ayes (6), Nays (0). Motion carried. G-4b Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 233- 99 entering into an owner contract with R & L Partnership and Fraser Construction for Project No. J-9527 "Basic Construction in Scenic Oaks First Subdivision Improvements to 48th Street S.W. Abutting the Subdivision and Watermain Extension from Ashley Lane S.W. to Scenic Oaks Subdivision". Ayes (6), Nays (0). Motion carried. G-4c Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 234-99 entering into an owner contract with Ratzloff-Bigelow Development and Elcor Construction for Project No. J-9553 "Basic Construction in South Park Fourth Subdivision". Ayes (6), Nays (0). Motion carried. G-4d Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 235- 99 entering into an owner contract with Western Walls, Incorporated for Project No. J-9559 "Basic Construction in Diamond Ridge Fifteen Subdivision — Phase 1 Lots 1-8, block 1; Lot 1, block 2, Lots 1-6, Block 3; Lots 1-3, Block 4; Lots 1-4, block 5; Lots 1-14, block 6; and right of way of: Opal Lane N.W., 11th Court N.W. and 10th Street N.W. to a point 248 feet south of the centerline of 11th Court N.W." Ayes (6), Nays (0). Motion carried. H-1 Councilmembers Marcoux moved, Stobaugh seconded, to remove from the table the item dealing with the temporary appointment of Captain in the Fire Department. Ayes (6), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to approve the temporary appointment of Ken Moyer to the position of Captain in the Fire Department. Ayes (6), Nays (0). Motion carried. H-2 Councilmembers Stobuagh moved, Hanson seconded, to remove from the table the item dealing with the temporary appointment of Motor Operator in the Fire Department. Ayes (6), Nays (0). Motion carried. 5544 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular ,,oiinojj Meeting No R —April 51 1999 Councilmembers Stobaugh moved, Marcoux seconded, to approve temporary appointment of Gary Kittleson to the postiion of Motor Operator in the Fire Department. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk 1 L