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Home My WebLink About05-03-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5562 CITY OF ROCHESTER, MINNESOTA RPaLjlar� No 1 — Ma; 3, 1999 Agenda Item A-1 B-1 D-1, ,e 5, 7-2 D-1 D-2 D-3 D-4 1D1&M A. D-7 Wishing to be heard was Gerry Werven, 3707 Seventh Street S.W. Mr. Werven stated that the neighbors were unhappy at the condition of the large trees in the neighborhood after being trimmed. He asked the Council to take a look at the policy on tree trimming in the City and do something to preserve the beautiful, mature trees that are around town. The Council directed the City Administrator to look into the situation. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Dennis Hanson, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. Councilmembers Stobaugh moved, Marcoux seconded, to approve the following consent agenda items. Approval of the minutes of the April 5th and 19th, 1999 Council meetings. See at end of D Items. See at end of D Items. Adopt Resolution No. 281-99 authorizing the City Clerk to advertise for bids for Project No. J-6961 "1999 Terminal/Service Building Overlays" and Project No. J- 6915 "T-Hanger #3 Site Preparation" to be opened on June 3, 1999. Adopted the following Public Utility resolutions: Resolution No. 282-99 entering into an agreement with Fraser Construction Company for a 12 inch water main extension on 18th Avenue S.W. ata cost of $36,596.98. Resolution No. 283-99 entering into an agreement with McLeod USA Telecommunications Services, Inc. for attachment of telecommunications facilities to poles. See at end of D Items. Approved the following licenses and miscellaneous activities. SIDEWALKS - CEMENT Tory Keefe Construction, Stewartville, Minnesota 55976 Legends Concrete, Inc., Racine, Minnesota 55967 MASTER INSTALLER Roger E. Rosecke, Owatonna, Minnesota 55060 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5563 Regular Meeting No. 10 - May 3, 1999 HEATING CONTRACTOR Northern Pipeline Construction Company, Lakeville, Minnesota 55044 GAMBLING — TEMPORARY Shjon Podein Childrens Foundation, Raffle at McMurphy's Sports Cafe, June 26, 1999 St. Pius X Catholic Church, Raffle at St. Pius X School Gym, May 21, 1999, Waive 30-Day Holding Period GAMBLING — ANNUAL Outreach Six Acres, Inc., Gambling at Back Street Pub, 1625 South Broadway SOUND AMPLIFICATION PERMITS Salvation Army Outdoor Sunday Evening Church Service, 20 First Avenue N.E., June 20, 1999, 6:00 to 7:30 P.M. Mayo Clinic Cancer Center and American Cancer Society, National Cancer Day Survivors Day Picnic at Essex Park, June 6, 1999, 11:00 A.M. to 2:30 P.M. New River Fellowship Church, Civic Center Park, June 5 and July 17, 1999, 6:00 to 8:30 P.M. (sound checks 4:00-5:30 P.M.) Bagniefski & Murakami Law Office, Grand Opening/Music, Barrister Hall, 9 First Street N.W., 7:00 to 11:00 P.M. 2Id Annual Peace Plaza Days June 26-July 3, 1999 June 26 - Teddy Bear Picnic - 10:00 A.M. to 12 Noon June 27 - Ice Cream Social/Music — 1:00 to 3:00 P.M. June 28 to July 2 — Arts Festival/Music — Noon to 10:00 P.M. July 3 —All Day Beach Party/Music — 10:00 A.M. to 7:00 P.M. Gamehaven Council No. 299 — Boy Scouts of America, Summer Soiree, Mayo Park, June 17,1999, 6:00 to 8:00 P.M. S.E. Minnesota Honduran Relief Project, Citywide "Thank You" Picnic Soldiers Field Park, May 20, 1999, 6:00 to 10:00 P.M. Berean Community Church, 1225 Elton Hills Drive N.W., Music Festival, June 18, 1999, 6:30 to 8:00 P.M. MISCELLANEOUS STREET USE Parade Permit for Memorial Day Parade, May 31, 1999. 9:45 A.M. to 10:30 A.M., Central Park, 1st Avenue S.W. to Soldiers Field RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5564 CITY. OF ROCHESTER, MINNESOTA Regular Meeting No. 10 - May 3,-199-9 Agenda Item W: 91V D-10 D-11 D-12 D-13 D-14 D-15 D-16 Law Enforcement Torch Run for Special Olympics, Highway 14, Civic Center Drive to Government Center, May 5, 1999, 1:00 to1:30 P.M. Rochester Area Crop Walk for Hunger, Peace United Church at 2"d Avenue N.E., bike paths to 37th Street Hy-Vee North and Return, October 2, 1999, 9:00 to 11:00 A.M. Glendale Neighbors Flag Day Patriot Kiddie Parade, Rocky Creek Drive, Glendale Hills Drive, Northern Valley Drive, 30th Street, to Park, June 14, 1999, 6:30 P.M. to 7:30 P.M. Approved Accounts Payable in the amount of $1,312,030.94. Approved the following appointments to the Rochester Civic Music Board; Jay Norenberg, term ending December 2001; Lauren Barbaresi, term ending December 2001; G. Skip Miller, term ending December 2001; Kathy O'Neil, term ending December 2001; Kurt Augustine, term ending December 2001. Adopted Resolution No. 284-99 approving a personal/medical leave of absence without pay for Mary Engen, Sr. Clerk Typist, Police Department from April 21 to May 24, 1999. Approved amending RCO 134.10 Prohibited Stops to indicate no parking within 10 feet of any curb side mailbox, public or private to afford accessibility to the U.S. Postal Service and instruct the City Attorney to prepare the required ordinance for adoption. Adopted Resolution No. 285-99 accepting the settlement of $5,500.00 with Mr. and Mrs. Midler for the acquisition of a portion of their property related to the 55t' Street Reconstruction Project - J-9508. Adopted Resolution No. 286-99 approving the modification of the Restrictive Covenant dated July 31, 1972 for 602 Second Street S.W. to more accurately reflect the condition in the variance approval. Adopted Resolution No. 287-99 authorizing staff to develop and execute Storm Water Management Agreements eight properties described as: Lot 4, Block 2 Hendrick's Subdivision; Unitarian Church; Diamond Ridge 14th Subdivision; Morton Buildings at 2633 T.H. 14 West; Lot 17, Block 3 Willow Center Subdivision; Lot 6, Block 1 Elton Hills Business Park; Lot 3, Block 1 Airport Industrial Park; Hosanna Lutheran Church. Adopted Resolution No. 288-99 entering into an Annexation/Utility Connection Agreements with the owners of the following properties in Rochester Township: 3831 18t' Avenue S.W. and 3905 18t' Avenue S.W. Adopted Resolution No. 289-99 referring the petition from residents along 20t' Street S.E. to the Public Works Department for a feasibility study, authorize staff to develop Engineering Service Agreements, refer the petition to the Marion Town 1 7 L.---J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA 5565 Regular Meeting No. 10 —May 3, 1999 Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of 20th Street S.E. D-17 Adopted Resolution No. 290-99 approving an Engineering Services Agreement with McGhie and Betts for Project No. 9714-99 (J-9577) "Sanitary Sewer and Watermain extension in the Pinewood Road Area; 22nd Avenue S.E., 23d Avenue S.E., 25th Avenue S.E. and 26th Avenue S.E. South of Pinewood Road S.E.; Fairview Court S.E. North of Pinewood Road S.E.; and in Pinewood Road S.E. from Fairview Court S.E. to a Point East of 30th Avenue S.E. to Serve a Residence Located at 3020 Pinewood Road S.E.". D-18 Adopted Resolution No. 291-99 establishing the City's 5-Year Bridge Replacement Program for Local Bridge Bonding Program, Years 2000-2004. D-19 Adopted Resolution No. 292-99 authorizing the City Clerk to advertise for bids for Project No. J-1979 "Cascade Creek Wetland Banking Site CC-3B". D-20 Adopted Resolution No. 293-99 authorizing the City Clerk to advertise for bids for Project No. 9802 (J-9468) S.A.P. 159-109-20 "Reconstruction of Civic Center Drive From 2nd Street S.E. to 2nd Street N.E.". D-21 - Adopted Resolution No. 294-99 authorizing the City Clerk to advertise for bids for Project No. 6217-2-99 (J-9514) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 900 Block of 17th Street S.E.". D-22 Adopted Resolution No. 295-99 authorizing the City Clerk to advertise for bids for Concrete Project No. 1-1999 (J-9576) "Miscellaneous Concrete Work (City Wide)", to be opened on May 26, 1999. D-23 Adopted Resolution No. 296-99 authorizing the City Clerk to advertise for bids for Concrete Project No. 8215-27-99 (J-2580) "1999 Restoration of the First Street Ramp" to be opened on May 26, 1999. D-24 Adopted Resolution No. 297-99 adding paragraph (59) to Section E "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (59) 3rd Street N.W., on the south side of the street, 40 feet more or less in front of the premise known as 724 3`d Street N.W., between the hours of 6:00 A.M. to 6:00 P.M. Monday thru Friday, 15 minute (limit 2 stalls). D-25 Adopted Resolution No. 298-99 entering into an Engineering Services Agreement for design services at the Water Reclamation Plant with Black and Veatch Engineers of Kansas City, Missouri, for a fee not to exceed $90,000.00. D-26 Adopted Resolution No. 299-99 awarding the contract for Project No. 2-1998 (J- 9488) "Sidewalk Replacement Project — Meadow Park Area —16th Street to 20th RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5566 gealilar Meeting No 10 — May 3, 1999 Agenda Item Street S.E. and 3rd Avenue to 11t' Avenue S.E." to Doyle Conner Company for $97,526.50. D-27 Adopted Resolution No. 300-99 awarding the contract for Project No. 1-1998 (J9487) "Sidewalk Replacement Project — Meadow Park Area — 13t' Street to 16t' Street S.E. and 3rd Avenue to 11t' Avenue S.E., also 11t" Avenue S.E. (West Side) from 12t' Street to 13t' Street S.E." to Schoeppner, Inc. for $124,392.20. D-28 See at end of D Items. Ayes (7), Nays (0). Motion carried. D-2 Councilmember Senjem asked about the expenditure of the additional monies for the Quarry Hill expansion and the problem with the lack of water pressure. He asked if the problem would not be alleviated in the near future with the addition of another water tower in the area. President Hunziker told him the Nature Center is presently not on City water service and the nearest service is Seventh Street N.W.; it would make it too costly to bring an extension to the Quarry Hill Center. Councilmembers Senjem moved, Stobaugh seconded, to approved the expenditure of an additional $20,000 to the Quarry Hill Nature Center expansion project for a total funding of $80,000 for this project. Ayes (7), Nays (0). Motion carried. D-3 Councilmember Senjem inquired as to language in the agreement for the monies to be used for housing programs. Gary Neumann, Assistant City Administrator, stated that the funds are to be used to enhance housing programs and not for administration as the language indicated in the original agreement. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 301-99 entering into an amended agreement with the Olmsted County Housing & Redevelopment Authority, the Community Housing Partnership and the City of Rochester on the handling of flood control homes. Ayes (7), Nays (0). Motion carried. D-6 Councilmember McConnell noted that he is now prepared to vote for the subdivision ordinance. He stated that although it will increase the cost of housing, which he is opposed to, it will ensure that neighborhood meetings are held as a part of the development process. Councilmembers Evans moved, Stobaugh seconded, to approve the publication of a summary of the Subdivision Regulations Ordinance prepared by the City Attorney. D-28 Councilmember Senjem congratulated Dale Martinson, Director of Finance, on the excellent staff report for the City's Y2K program. Councilmembers Senjem moved, Marcoux seconded, to approve the City's Year 2000 Readiness Status Report dated April 30, 1999. Ayes (7), Nays (0). Motion carried. n J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5567 Regular Meeting No. 10 — May 3 1999 Agenda Item E-1 A Hearing on Vacation Petition #99-6 by Tom and Darlene Neumann to vacate the five-foot utility easement located along the east property line at 1513 46th Street N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 302- 99 approving Vacation Petition #99-6 by Tom and Darlene Neumann. Ayes (7), Nays (0). Motion carried. E-2 A Hearing on Vacation Petition #99-4 initiated by the City of Rochester Common Council to vacate the unconstructed east/west alley of Block 7 Highland Addition . . The alley is between 19th and 20th Avenues S.W., south of 3ro Street S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 303-99 approving the east half of the alley request in.the Vacation Petition #99-4 initiated by the City of Rochester Common Council. Ayes (7), Nays (0). Motion carried. E-3 A Hearing on Final Plat #98-35 by South Broadway Partners, LLC to be known as South Broadway Business Center First Addition. The applicant has requested that this item be continued. There was no one wishing to be heard at this time. Councilmembers Evans moved, Hanson seconded, to continue the hearing on Final Plat #98-35 by South Broadway Partners, LLC to be known as South Broadway Business Center First Addition to the June 7, 1999 meeting. Ayes (7), Nays (0). Motion carried. E-4 A Hearing on Type III, Phase II, Land Subdivision Permit #99-15 by Rochester School District 535 to be known as Century High School located north of Viola Road NE, east of East Circle Drive. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond noted that they were in agreement with the four conditions as recommended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve Land Subdivision Permit #99-15 by Rochester School District 535 to be known as Century High School. Discussion. Councilmembers asked if the Volleyball Center were expanded, there would be room within the plat. Mr. DuMond stated that the lot could be split at the time expansion was decided. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5568 CITY OF ROCHESTER, MINNESOTA Regular Meeting_Nn 10 — MaV3, 1999 Agenda Item E-5 Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #99-15 to be known as Century High School. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond noted that in regard to condition #3 dedicating 350 feet of Cassidy Drive, the plat mistakenly shows 450 feet. The plat will be corrected. They were in agreement with all other conditions. There was a Public Works staff question about the controlled access to Cassidy Drive if the footage was reduced. Mr. DuMond explained that there is a ravine; the access has to be placed to allow access to a piece of land that would otherwise be inaccessible. It was agreed that the controlling access would be determined by Public Works and Mr. DuMond based on a topographical survey in the field. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 304- 99 approving Final Plat #99-15 to be known as Century High School with two conditions; the second condition that the controlled access to Cassidy Drive would be determined by topographical survey in the field. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #99-10 to be known as The Brittany's. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. They were in agreement with the six conditions. The development is compatible with the surrounding neighborhoods. Councilmember McConnell was concerned about the possibility of a future request by the residents for the City to assume ownership of the private street. Mr. Masterpole assured the Council that the cul-de-sac would remain private. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 305-99 approving Final Plat #99-10 to be known as The Brittany's with six conditions. Ayes (7), Nays (0). Motion carried. E-7 IA Hearing on Type III, Phase II Preliminary Plat #99-14 by Mark Hanson to be known as Folwell Ridge Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond noted that they were in agreement with the four conditions with the removal of items a, b, c, and d under condition #1. Condition #1(e) would remain. Councilmember Marcoux was concerned about the water runoff. Mr. DuMond stated that they will be working with the Public Works Department to provide Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5569 Regular Meeting No 10 — May 3, 1999 suitable storm water facilities and will be conducting further soil samples for the area. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve Preliminary Plat #99-14 by Mark Hanson to be known as Folwell Ridge Subdivision with four conditions eliminating items a, b, c, and d under condition #1, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. E-8 I A Hearing on Final Plat #99-4 to be known as Pine Ridge Estates 4th Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond noted that they were in agreement with the five conditions. They will work with the Planning Staff on condition #2 for the naming of the roadway. Wishing to be heard was Don Knapp, 2225 Ponderosa Drive S.W. , in Phase II of Pine Ridge Subdivision. He stated that, upon receiving a map from Planning, it showed the Pine Ridge Development has only two ingress/egress roads throughout the subdivision about two blocks apart. He asked if this was sufficient for 180 homes. Mike Nigbur, Public Works, explained that the access points at Ponderosa Drive and Woodcrest Lane will serve the development. There is also an access point to Bamberwood Subdivision which would make three access points. Having no one further wishing to be head, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 306-99 approving Final Plat #99-4 to be known as Pine Ridge Estates 4tn Subdivision with five conditions. Ayes (7), Nays (0). Motion carried. E-9 IA Hearing on Final Plat #98-28 to be known as Rochester Technology Park Second Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 307-99 approving Final Plat #98-28 to be known as Rochester Technology Park Second Subdivision with three conditions. Discussion. Councilmember Senjem asked about a possible sedimentation pond. Gary Neumann, Assistant City Administrator, noted that some drainage work still needs to be determined on the southern boundary of the property. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 0 Regular Meeting AIn�=May 3 1 QQQ Agenda Item E-10 E-11 E-12 F-1 F-2 A Hearing on Final Plat #99-9 by Fred Schmidt to be known as Emerald Hills Subdivision. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. They are in agreement with the ten conditions. In a portion of Lots 1, 2, and 3 the developer has requested that the lots be extended out to the easement line; the access easement will still be going through the lots. Public Works is in agreement with the extension of the lots. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 308- 99 approving Final Plat #99-9 by Fred Schmidt to be known as Emerald Hills Subdivision with ten conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #99-11 by to be known as Manor Woods West Eleventh Subdivision. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant. He noted that condition #1 has been submitted, #2 is okay, #3 is eliminated, #4 two access points will be provided, #5 okay, #6 an alternate for the watermain will not go through the wetland, #7 okay, #8 will be changing the name of the street, and #9 will do a replacement plan. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 309-99 approving on Final Plat #99-11 by to be known as Manor Woods West Eleventh Subdivision with eight conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #99-21 to be known as Century Hills Townhomes Second Subdivision CIC #158. Staff recommended continuing the hearing to the May 17, 1999 Council meeting. Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing on Final Plat #99-21 to be known as Century Hills Townhomes Second Subdivision CIC #158 to the May 17, 1999, Council meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Findings of Fact, Conclusions of Law, and Order relating to Zoning Appeal #99-1 by Rick Penz Ayes (7), Nays (0). Motion carried. Councilmember McConnell noted that he had attended the recent neighborhood meeting for the theater development bounded by 22"d Avenue N.W. and 48t' Street N.W. He noted that it is a good project but feels that the residents should be able to provide input to the Council and/or Planning Commission. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 10 — May 3 1999 5 571 Councilmember McConnell moved that the project cannot reach final approval or obtain a building permit without a public hearing before the City Council. Motion died for lack of second. Richard Freese, Public Works Director, noted that another offer was made by the developer to the residents of the neighborhood to have another meeting showing the changes as requested by the residents before it is brought to the City Council. Mr. Freese also stated that the development agreement could contain a clause so that another meeting would have to take place. Phil Wheeler, Planning Department Director, said that a hearing is not required under the ordinance. The proposal meets all of the criteria and the development agreement brings it to the Council this evening. Mitzi Baker, Planning Department, stated that the ordinance requires certain types of buffering. A minimum of 15 feet buffering is required which would be sufficient to screen the development from the neighborhood. Wishing to be heard was Tom Hexum, Hexum Companies. He said that at the neighborhood meeting the residents were concerned with buffers, safety, noise and other issues that we may not have been aware of without the neighborhood meeting. He said that the site plan is reflecting many of these changes and they are willing to again meet with the residents to again discuss the project. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 310- 99 approving the revised Traffic Impact Report for Kadlec Retail Development Project dated May 3, 1999, authorize the Mayor and City Clerk to execute the Kadlec Development Agreement, adding a condition to require another neighborhood meeting prior to the site plan submittal, authorize the Public Works staff to acquire the right-of-way needed, and authorize the City Clerk to advertise for bids for the construction of Public Improvements along the T.H. 52 East Frontage Road. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. F-3 Councilmembers Evans moved, Stobaugh seconded, to clarify conditions approved by the City Council on April 19, 1999 for Agenda Item E-10 — White Oaks Third Subdivision Final Plat and E-11 — Wedgewood Hills Second Subdivision Final Plat as follows: Final Plat #99-3 — White Oaks Third Subdivision Add to conditions #3 and #5 that require the applicant to coordinate with the City Public Works Department to resolve these issues or provide alternatives. Final Plat #99-2 — Wedgewood Hills Second Subdivision Modify condition #1 to require a letter of commitment from the applicant that additional right-of-way would be dedicated to the City in the future at no cost. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5572 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 10 — May ; 1999 Agenda Item G-2a G-3a G-3b G-3c G-3d G-3e G-3f Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 134.10 of the Rochester Code of Ordinances, Relating to Prohibited Parking, was given a first reading. An Ordinance 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 second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (west of Rim Rock Lane N.E., south of Century Court N.E.) 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 second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of Menards south, north of Highway 52) 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 second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of Menards south, north of Highway 52) 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 second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (south of Sunset Lane N.E., east of East Circle Drive) 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 second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. `Ayes (7), Nays (0). Motion carried. (south side of Country Club Road, east of West Circle Drive, west of golf dome — Professional Skaters Association) 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, 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5573 Regular Meeting No. 10 — May 3 1999 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, 61.55.1, 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, 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 second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Discussion. Councilmember Senjem raised a question about Section 61.155 and adding environmental remediation projects to the exemption list. Terry Adkins pointed out that Michael Lauer pointed out that the exemption is so broad that it would swallow up the requirement for a grading permit Councilmember Senjem also questioned Section 61.529c pertaining to the 5/7ths vote versus the majority vote on what it referred to as temporary exemptions on certain street locations for some or all of the traffic service standards. He continues to believe that the majority should rule over the minority. The Lauer memo indicated that the 5/7ths requirement was designed to make it more difficult to deviate from levels of service for streets. Ayes (7), Nays (0). Motion carried. G-4 Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 311- 99 entering into an owner agreement with Continental 59 Fund Limited Partnership and Rochester Sand and Gravel for Project No. J-9570 "Construction of 25th Street S.E. from Highway 63 to a Point 800 feet East and Watermain South of 25th Street S.E., in Broadway Commons". Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ty erk