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HomeMy WebLinkAbout06-07-1999HFCOHD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Regular Council Meetino No 12 — June 7, 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, Marcia Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None. D-1- Councilmembers Hanson moved, Evans seconded, to approve the following 20, 26- consent agenda items: 33 D-1 Approved the minutes of the May 17,1999 meeting. D-2 Approved the transfer of $3,000 from the Contingency Account to the City Administrator's budget to fund an internship for the summer of 1999. D-3 Adopted Resolution No. 351-99 approving the Second Amended and Restated Subordination Agreement between the City of Rochester, PEMSTAR, Inc., U.S. Bank, and U.S. Bank National Association, acting in its separate capacity as the administrative bank, Administrative Bank, D-4 Adopted Resolution No. 352-99 setting a hearing date of July 19, 1999 to consider the establishment of a Tax Increment Financing district on the West Zumbro Estates Subdivision. D-5 Adopted Resolution No. 353-99 executing the restrictive covenants for West Zumbro Estates Subdivision. D-6 Adopted Resolution No. 354-99 transferring the remainder of the lease at the Rochester International Airport, expiring on December 31, 2000, for Clements Car Rental of Rochester to Affordable Car Rental of Rochester. D-7 Adopted Resolution No. 355-99 authorizing the Mayor and City Clerk to execute the State Aid Agreement for Project No. J-6964 for 60 percent funding of PCB transformers and a new standby emergency generator at the Rochester International Airport. D-8 I Approved the following licenses and miscellaneous activities: Fireworks Display RES Specialty Pyrotechnics, Inc., Belle Paine — League of Minnesota Conference at Mayo Civic Center — June 16, 1999 Rochester Golf & Country Club — July 4, 1999 Gamblinq — Premise Permit Renewal Eagles Aerie #2228 Auxiliary, 409 First Avenue S.W. Knights of Columbus, 2030 Highway 14 East. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA . 5 5 8 6 Regular Council Meeting No. 12 — June 7, 1999 Agenda Item M• D-10 Gambling — Temporary Raffle ARC of Olmsted County — Raffle — Gloria Dei Lutheran Church — October 26, 1999 Church of the Resurrection — Bingo — August 29, 1999 Heating Contractor Home Solutions of Rochester, Inc., Rochester Master Installer James J. Kostroski, Rochester Brian Holsten, Forest Lake Master Plumber Peoples Natural Gas for Mark Vacura, Rochester Sidewalk License — Cement Dan Krahn DBA Krahncrete, Incorporated, Rochester Sign Installation Leroy Signs, Inc., Minneapolis Sound Amplification Rochester Civic Music League of Mn Conference — June 16, 1999 — Mayo Park Fourth of July Concert — July 4, 1999 — Silver Lake Park Down By the Riverside Concert — July 11, 18, 25, August 1, 8, 15, 22, 1999 (waiver of 8:00 P.M. time restriction) Mayo Clinic Gonda Vascular Center — Essex Park Summer Get Together — Band — July 25, 1999 Rochester Public Library and Intercultural Mutual Assistance Association — Migrant Festival — Olmsted County Fairgrounds — June 8, 1999 Olmsted County Fair Board — Olmsted County Fair — August 2 through 8, 1999 (waiver of 8:00 P.M. time restriction) Rochester Pentecostal Church — Bilingual Picnic — July 4, 1999 Miscellaneous Street Activities American Diabetes Association — Bike Tour — June 5, 1999 (prior approvals obtained) Mayo Medical School/American Medical Association — RaceNValk — August 28, 1999 Star of the North Games — Road Race — June 27, 1999 Approved the licenses and miscellaneous permits and activities for the 1999 Rochesterfest Celebration June 19 through June 27, 1999. Adopted Resolution No. 356-99 approving the street closings and bagging of meters for the 1999 Rochesterfest Celebration June 19 through June 27, 1999. 1 HEUGHU OF UFFIGIAL PHUCEEDINUS OF -I HE CUMMUN COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No_ 12 — June 7, 1999 5587 Agenda Item D-11 I Adopted Resolution No. 357-99 creating Ward 1 Precinct 6 at the Rochester International Airport and amending the boundaries of Ward 1 Precinct 4. D-12 Approved Accounts Payable in the amount of $1,797,508.42. D-13 Adopted Resolution No. 358-99 approving waiving the City's option to retain Police and Fire Consolidated Pension Plan accounts and direct staff to notify PERA to proceed with merger of these accounts into the PERA Police and Fire Fund. D-14 Adopted Resolution No. 359-99 closing completed improvement projects and transferring unexpended balances pursuant to Minnesota Statutes, Section 429.091, Subd. 4. D-15 I Approved the request from the Fire Department to donate beds from Fire Station #4 to the Dorothy Day House. D-16 Adopted Resolution No. 360-99 approving identified holidays for certain employees in the Rochester Police Department for the same as the sworn Rochester Police Department personnel. D-17 Adopted Resolution No. 360A-99 approving the firm of Danwick-Poole Environmental, Inc. to perform patch and repair services on asbestos materials contained in City Buildings for $9,925.00. D-18 Approved Ordinance Petition #99-9 by Windsor Well Corporation to annex approximately 80.02 acres of land located along the east side of 18t' Avenue S.W., in the NE % of Section 22, Rochester Township. D-19 Approved the Rochester Police Department accepting additional funding from the Model Protocol Test Site Project for the creation of a Community Needs Assessment document for Sexual Assault. - D-20 Adopted Resolution No. 361-99 authorizing staff to acquire necessary land rights for the Sanitary Sewer and Watermain Extension to serve Skyline Drive and the use of consultants and settlement flexibility in an amount not to exceed 10 percent of the estimated values. D-21 I See at end of D Items. D-22 I See with Item E-2. D-23 See at end of D Items. D-24 See at end of D Items. D-25 See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 55$H CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 12 —June 7-,-1999 Agenda Item D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 Adopted Resolution No. 362-99 authorizing the City Clerk to advertise for bids to be opened on June 30, 1999 for Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision". Adopted Resolution Nos. 363-99, 363A-99 and 364-99 setting a Public Hearing to consider the project and setting an Assessment Hearing for July 7, 1999 for Project No. 6202-2-99 (J-9581) "Concrete Curb & Gutter and Overlay Project on 2"d Street S.E. from 11th Avenue S.E. to 15th Avenue S.E.". Adopted Resolution Nos. 365-99, 365A-99 and 366-99 setting a Public Hearing to consider the project and setting an Assessment Hearing for July 7, 1999 for Project No. 6208-3-99 (J-9582) "Concrete Curb & Gutter and Overlay Project on 8th Street S.W. from 10th Avenue S.W. to 8th Avenue S.W.". Approved rejecting the bid of El Bishop Construction, Inc. for Concrete Project No. 1-1999 (J-9576) "Miscellaneous Concrete Work (City Wide)". Adopted Resolution No. 367-99 adding Paragraph (73) of Section B "No Parking Zones" to read: (73) Second Avenue S.W. on the west side of the street, from 14th Street to a point 600 feet south of 14th Street, during the hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday. Adopted Resolution No. 368-99 approving Change Order #1 in the amount of $6,472.00 to Nietz Electric for Project No. 9552 (J-6373) "Traffic Signal Modification on T.H. 63 from Civic Center Drive to 14th Street N.E." Adopted Resolution No. 369-99 approving the base bid plus the alternate of Paragon Constructors, Inc. in the amount of $288,450.00 for Project No. 8215-27- 99 (J-2580)'1999 Restoration of The First Street Ramp". Adopted Resolution No. 370-99 entering into an agreement with Rochester Armored Car Company, Inc. for the pickup of daily banking deposits. Ayes (7), Nays (0). Motion carried. D-21 I Councilmember Stobaugh noted the relationship of Councilmembers Senjem and Stobaugh to the Mayo Foundation. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 371-99 authorizing the sale of a portion of Lots 4115,and 6 of the Original Plat in the amount of $2.50 per square foot and Lot 1, Block 2, Rochester Technology Park 2"d in the amount of $2.25 per square foot and authorize the acceptance of approximately 9 acres of land located in the Cascade Lake area. The sale of the property will allow expansion of adjacent Mayo properties. Ayes (7), Nays (0). Motion carried. HECOHD OF 'UFFICIAL PROCEEDINGS OF THE CUMMUN COUNCIL CITY OF ROCHESTER, MINNESOTA - Reaular Cn n .il Meeting No 1— JHnP 7, 199A 5589 Agenda Item D-23 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 372-99 authorizing the sale of 302 Fifth Avenue N.W. to the abutting land owner, E.L. Owens, in the amount of $10,000.00. Ayes (7), Nays (0). Motion carried. D-24 I Councilmembers Hanson and Senjem asked for a brief overview of the timeline and the scope of the Highway 52 East Frontage Road projects. Councilmembers Hanson moved, Senjem seconded, to adopt Resolution No. 373- 99 authorizing the staff to retain consultants, acquire land rights and have settlement flexibility for the acquisition of the 48th Street N.W., 60th Street S.W. and the Highway 52 East Frontage Road projects. Ayes (7), Nays (0). Motion carried. D-25 . Councilmember Senjem asked for clarification on the amendment to the assessments for unpaid service replacement charges. Richard Freese, Public Works Director, explained that at the time the Council authorized the replacement policy, there was no authority to collect the unpaid service charges. This amendment gives the City that authority. Councilmembers Senjem moved, Stobaugh seconded, to approve the amendment to Rochester Code of Ordinances Chapter 28 to include Section 28.05 Watermain and Sewermain Replacement Policy allowing for unpaid charges to be assessed to the benefited property over a five-year period. Ayes (7), Nays (0). Motion carried. E-1 A Hearing on Type III, Phase II Special District Amendment Project Development Plan #99-3 by David Bishop for the Arboretum Special District to Permit Multi - Family Buildings on Property Located South of Arbor Lane N.W., north of 41st Street N.W., and east of the Douglas Trail. Wishing to be heard was Wade DuMond, Yaggy-Colby, representing the developer, David Bishop. Mr. DuMond noted their approval of the conditions recommended by the Planning Department. He also gave a review of the history of the Aboretum Special District and its development'since 1982 when it was first approved. Mr. DuMond noted the zoning change to 15 units per acre was done in 1992. Wishing to be heard was Jeff Orr, 4200 York Lane N.W. Mr. Orr and the following two speakers represented the Lincolnshire Neighborhood Association. Mr. Orr also gave a brief rundown of the history of the Arboretum Development saying that it originally was to include various types of housing. He said that the development, however, has been mainly single-family homes. The current residents wish it to remain so to keep it compatible with the rest of the neighborhood. Wishing to be heard was Jeff Schaefer, 4201 York Lane N.W. Mr. Schaeffer discussed the need for a better buffer between the present homes and the new development. He read a list of other developments where adequate buffering had been used between different types of housing to reduce noise and traffic. Wishing to be heard was Jaren Vande Kieft, 3550 42"d Street N.W., spoke to the problems that could be encountered with traffic, noise, crime and the decrease in property values. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 5 9 0 . Reguhr Cnuncil .Mating No, 17- june 7, '�QQ Agenda Item Wishing to be heard was David Bishop, 1185 Plummer Circle S.W. Mr. Bishop explained that he started the project because he is aware of the need for housing in Rochester. He currently owns and manages other units in Rochester successfully and would not anticipate any problems with this project. Mr. Bishop said that he bought the property in good faith aware of the zoning on the property. He estimated that the rent would be from $750 to $900 per unit per month. Wishing to be heard was Diane Orr, 4200 York Lane N.W. Ms. Orr's property will abut the Bishop property. He understood that he was within his rights but is concerned about the buffer being adequate and the fact that covenants will not allow her to build a fence if she would so choose. She asked that the Council take another look at the property to determine if it is appropriate to abut against single- family homes. Wishing to be heard was John Folkerts, 4221 York Lane N.W. Mr. Folkerts expressed his support for a transition area between the two developments. He said that Mr. Bishop was not interested in this plan and, therefore, he was not contacted about the neighborhood meetings. Wishing to be heard was Robert Benner, 3559 Arbor Drive N.W. Mr. Brenner asked the Council to base their decision on whether the development is compatible for the Special District; not whether people need apartment houses. Wishing to be heard was Jim Noxon, 4325 York Lane N.W. Mr. Noxon pointed out that everyone in Lincolnshire had to agree to and sign the covenants to maintain a certain responsibility to the community in which they live. He did not see how they can incorporate Mr. Bishop to have responsibility into their community without his own free will. Wishing to be heard was Eric Jenney, 4432 Scarborough Lane N.W. Mr. Jenny stated that over the past 15 years the Council has set a precedent for expectations on the land usage in the special district and others. He asked that the Council stay consistent with those expectations. Wishing to be heard was Lucille Buller, 509 15th Street N.E. Ms. Buller noted that she was formerly Lucille Bishop. She stated that those persons who bought the lots close to the development knew what the zoning was. She also stated that this is only a preliminary plat and that the landscaping and buffer areas and plans need be looked at. Ms. Buller stated that the width of the buffer for this development will be 20 feet with a fence as a possible substitute for plantings. Wishing to be heard was Charles Zenz, 3223 Arbor Drive N.W. Mr. Zenz noted that in 1996 there were going to be apartments to the north. The neighbors had an opportunity to work with the developer on the buffer. The Common Council saw fit to maintain the life-style in the neighborhood. Wishing to be heard was Ken Milligan, 4212 York Lane N.W. Mr. Milligan noted that it would be 20 years before the landscaping will be large enough to be helpful as a buffer. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item Regular Clouncl Meeting QoTfiRl=:runeSg ,91 Wishing to be heard was Jackie McFarlane, 4224 Arboretum Drive N.W. Mr. McFarlane wanted the Council to know that several times the realtor told them that the property to the north was for single family homes. Wishing to be heard was Dean Rich, 3228 Oxford Lane N.W. Mr. Rich also noted that the developer and realtor led them to believe that the property to the north would be single-family homes. Wishng to be heard was Dan Wetzel, 3538 42"d Street N.W. He said that Planning and Zoning were looking for things to complement the neighborhood for commercial land but something other than apartments should be adjacent to single family homes. Wishing to be heard was Diane Orr, 4200 York Lane N.W. She noted that the neighbors had asked the owner to sell the land to them and were told no. Having no one further wishing to be heard, President Hunziker closed the hearing. Terry Adkins, City Attorney, noted that the ordinance that created the special distric lists the information which must be supplied in an application for development. However, there is nothing in the ordinance which provides the criteria for reviewing development applications. Based upon past recommendations from the Planning staff, he recommended the Council rely on the criteria found in Section 61.146 (Conditional Use Permits). Councilmember McConnell moved, Senjem seconded, to reopen the hearing and continue the hearing until the June 21 Council meeting with the understanding that the developer and neighbors hold one or two meetings during that time to work out their differences. Ayes (7), Nays (0). ,Motion carried. E-2 IA Hearing on Type III, Phase II, Preliminary Plat #99-20 to be known as Orchard Ridge Subdivision. Wishing to be heard was Mark Walsh, Chatfield, representing the developer. He noted that they were in agreement with all of the conditions. Wishing to be heard was Phil Oswald, 5718 Lancaster Place N.W., representing the Northwest Neighbors Association. They have spent considerable time working with the Planning staff and the Park Department. The traffic calming is still on -going and they have reached an agreement on the park situation by acquiring a six -acre park for the neighborhood. Wishing to be heard was Larry Johnston, 6200 Fairway Drive N.W., also representing the Northwest Neighbors Association and speaking to traffic concerns. In looking at the condemnation proceeding and dealing with the access to the south, traffic has been the primary concern for the entire project. He believes that some of the work might be premature; they are in the middle of the traffic calming project. He felt that, in looking at the traffic layout of the streets, it was a design that the neighbors could live with. There are still questions about traffic problems RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 6692 Regular Glounc9FMVQPi F9WYPANnOM Agenda Item E-3 such as the traffic through the North Park Subdivision, the traffic at 55th Street and the 65th Street interchange. He noted that they would like to get the information on the traffic study back to the neighbors and, therefore, questioned moving ahead too quickly at this time. Wishing to be heard was Phil Oswald, 5718 Lancaster Place N.W. Mr. Oswald also was concerned that future public utilities are also going to be affected such as the cut off of 65th Street by MnDot. The 100 home limit is only until a second ingress/egress is provided. Is the problem moving from 65`h Street to 55th Street? He asked that the Council not condemn the land at this time and that the 100 home limit be dependent upon the 65th Street/TH 52 ingress/egress issue being resolved. Wishing to be heard was Mark Walsh, Chatfield, stating that unless the condemnation is allowed at this time, the project may be shut down. He also stated that limiting the development to 100 homes would leave the developer not knowing what to do with the land. Wishing to be heard was Bill Seitl, 4412 Copperfield Lane N.W., vice-president of Northwest Neighbors Association. He asked about the plans to build a bridge at 65h' Street over T.H. 52 and who would pay for it. He also stated that the City should get involved in private development especially where part of the land to be condemned is in a platted general development plan. Such an action would be setting a legal precedent. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Evans seconded, to proceed with Item D-22 accepting the feasibility report for the "Extension of Roadway and Public Utilities in Hillsborough Drive N.W. from North Park to Orchard Ridge Subdivision", authorizing the Public Works Department to proceed with agreements and condemnation procedures and set a Project Hearing and a Special Assessment Hearing for July 7, 1999. Ayes (2), Nays (5). Motion failed. President Hunziker and Councilmembers Marcoux, McConnell, Senjem and Stobaugh voted nay. Councilmember McConnell moved, Stobaugh seconded, to reopen the public hearing and continue it to the July 19, 1999 meeting to gain further information on the progress of the developers on the road extension and more informtion on the traffic calming project. Ayes (5), Nays (2). Motion carried. Councilmembers Evai and Hanson voted nay. A Hearing on Vacation Petition #99-7 by G.A. Nelson Companies, Inc. to vacate the south 10 feet of a 40-foot utility easement located along the north line of Lots 4 and 5 and a part of Lot 6, Block 1, Plaza 41 Northwest Subdivision. Staff requested to continue the hearing to June 21, 1999. 1 Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing on HECUHU OF OFFICIAL "PRUCEEDINUS OF 1-HE CUMMUN COUNCIL CITY O'F ROCHESTER MINNESOTA Regular Council Meeting No 12 ' June 7, 1999 5593 Agenda Item Vacation Petition #99-7 by G.A. Nelson Companies, Inc. to June 21, 1999. Ayes (7), Nays (0). Motion carried. E-4 A Hearing on Final Plat #98-35 to be known as South Broadway Business Center First Addition. Wishing to be heard was Ken Moen, Dunlap & Seeger Law Office, representing the applicant, South Broadway Business Partners. Mr. Moen explained that the applicant does not have control of the right-of-way dedications that will be needed for the St. Bridget's Road. This right-of-way and the MnDot right-of-way for the proposed diamond interchange falls into the property of R.L. Hexum. They are proposing that an agreement be signed between the City, R.L. Hexum Properties and South Broadway Business Partners that would give the City the required easements and dedications under the R.L. Hexum Properties. They also proposed that the Council approve the final plat application, the agreement then be worked out between the two developers and the City and the agreement be signed prior to the recording of the final plat. Wishing to be heard was Tom Hexum, applicant, stated that the issues for the right- of-ways would take place between now and the end of 1999. He urged the Council to approve the final plat and allows staff to complete the agreement prior to the recording of the final plat. Having no one further wishing to be heard, President Hunziker closed the hearing.. Councilmembers told Mr. Hexum and Mr. Moen that they needed to see the development agreement for the R. L. Hexum Property prior to any approval of the. final plat. Councilmembers Senjem moved, Evans seconded, to reopen the hearing and continue it to the June 21, 1999 Council meeting. Ayes (7), Nays (0). Motion carried. E-5 A Hearing to Consider the Application for a Currency Exchange License from Pawn America Minnesota, L.L.C. Wishing to be heard was Holly Haddad, Community Action Program. Ms. Haddah was concerned about consumer protection and the fees that are to be charged by the pawn shop for the cashing of checks. She was told by the City Clerk that the application had been received by the State Department of Commerce and that under State Statute the Council could approve or deny the application. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 374- 99 denying the application from Pawn America Minnesota L.L.C. on the basis that the service was not needed for the community. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5594 Regular Council �Aeating No. 12 — -r�June 7, 1999 Agenda Item E-6 E-7 A Hearing on Vacation Petition #99-8 by Medical Futures to vacate the 10-foot utility easement located along the common lot lines of Lot 12 and 13, Block 3, Cascade Ridge Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 375-99 approving Vacation Petition #99-8 by Medical Futures. Ayes (7), Nays (0). Motion carried. A Hearing on Ordinance Petition #99-8 by Eugene Cassidy to Annex Approximately 2.18 Acres of Land into the City to Facilitate Development of a Detention Pond located north of Century High School in the approved Emerald Hills General Development Plan. Wishing to be heard was James Odland, 3736 47th Avenue South, Minneapolis. Mr. Odland is the property owner directly north of the proposed Emerald Hills development. He was concerned about the detention pond that may have to be modified and questioned the possible drainage impact on his property. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond stated that modifying the existing pond at this time will not affect Mr. Odland's property. Wishing to be heard was Gene Cassidy, 3322 Oxford Lane N.W., applicant. Mr. Cassidy explained the channel for the waterway and tile locations. The ponds were put in by the Soil Conservation Service in 1981. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Ordinance Petition #99-8 by Eugene Cassidy and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-8 A Hearing on City -Initiated Text Amendment #99-3 to Amend Section 60.338 of the Rochester Zoning Ordinance & Land Development Manual to Amend the Policy for Rezoning. Terry Adkins, City Attorney, offered revised ordinance language which reflected the "substantive changes to Section 60.388. The revision makes it more readable by clarifying the criteria to be applied to rezoning requests. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Stobaugh moved, Evans seconded, to approve City -Initiated Text Amendment #99-3 as revised by the City Attorney and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. 1 HECOHD OF OFFICIAL" PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 12 — June 7, 1999 5595 Agenda Item E-9 A Hearing on City -Initiated Text Amendment #99-4 to Amend the Rochester Zoning Ordinance & Land Development Manual to Allow for Single Family Detached Homes on Existing Platted Single Family Sized Lots in the R-3 and R-4 Districts. Wishing to be heard was Duane Sauke, 3954 Polar Lane N.E., representing Habitat for Humanity. Habitat for Humanity is limited in finding affordable lots to build on. These lots are usually odd -shaped 'and unusually zoned; they do not fit as a four- plex size lot. Wishing to be heard was Susan LeGare-Gulden, 1700 Ninth Street N.E., currently serving on the board for Habitat for Humanity and Chair for the Planning Committee. One of her major responsibilities is finding lots for Habitat for Humanity to build on. That is becoming more and more difficult. Where other developers can only build homes that cost $100,000 to $120,.000, Habitat can build homes that cost between $65,000 and $75,000 including the lot. She stated that they would like to enlist the Council's support for the text amendment. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve City -Initiated Text Amendment #99-4 and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Stobaugh moved, Marcoux seconded, to Amend the Zoning Ordinance and Land Development Manual — Advertising Signs. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember Evans abstained. F-2 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 376-99 directing the City Attorney to initiate, in the name of the City of Rochester, the appropriate proceedings to compel Carriage Homes to provide a performance bond as required by the December 7, 1998 agreement between the parties. Wishing to be heard was Greg Johnson, Stillwater, representing Carriage Homes. He noted that he had been informed that the pond was not up to standards. He talked with Richard Freese earlier in the day and is currently securing a bond in the amount of $40,000. Richard Freese, Public Works Director, stated that they have inspected the property. The bond was to have been secured by May 24, 1999 and the work finished by June 14, 1999. If the bond is provided to the City, Carriage Homes will have until June 28, 1999 to complete the work. Ayes (7), Nays (0). Motion carried. G-2a An Ordinance Annexing to the City of Rochester Approximately 80.02 Acres of Land Legally Described As A Part of the Northeast Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (East side of 18 h Avenue S.W.) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5596 laF 1999 Rom, � eting Pde. 12 ddne-7, Agenda Item G-2b G-2c G-2d G-2e G-3a G-4a G-4b G-4c An Ordinance Creating and Enacting Section 28.05 of the Rochester Code of Ordinances, Relating to the Imposition of Watermain and Sewermain Replacement Charges, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 2.18 Acres of Land Legally Described As A Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (North of Century High School, East of East Circle Drive) An Ordinance Amending and Reenacting Section 60.338 of the Rochester Code of Ordinances, Relating to the Criteria for Approval of Rezoning Applications, was given a first reading. An Ordinance Amending and Reenacting Sections 62.241, 62.242, 62.251, 62.252, 62.266 and 65.110 of the Rochester Code of Ordinances, Relating to the Placement of Single Family Detached Homes on Existing Platted Single Family . Lots in the R-3 and R-4 Zoning Districts, was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. The Ordinance was given a second reading Councilmembers Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. 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 second reading. Ayes (7), Nays (0). Motion carried. Councilmembers moved, seconded, to adopt Resolution No. 377-99 entering into an Owner Contract for Project No. J-9567 "Watermain to Serve Americinn, Lot 2, Block 1, Cascade Ridge Subdivision" with David Wogerness and Jech Escavating. Ayes (7), Nays (0). Motion carried. Councilmembers moved, seconded, to adopt Resolution No. 378-99 entering into an Owner Contract for Project No. J-9572 "Watermain to Serve Hosanna Lutheran Church in Cascade Ridge Subdivision" with Hosanna Lutheran Church and The Excavators of Rochester, Inc. Ayes (7), Nays (0). Motion carried. Councilmembers moved, seconded, to adopt Resolution No. 379-99 entering into an Owner Contract for Project No. J-9584 "Surface Demolition and Restoration Work on 4t' Avenue N.W., 2"d Street N.W. and 3`d Avenue N.W. for Mayo Tunnel Work, Phase II". Ayes (7), Nays (0). Motion carried. I -a Councilmembers Stobaugh moved, McConnell seconded, to refer the matter of temporary sign regulations, as discussed at the June 7, 1999 Committee -of -the - Whole meeting, to the Planning and Zoning Commission. Ayes (7), Nays (0). Motion carried. 1 Agenda Item 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5597 Regular Council' Meeting No. 12 — June 7 1999 Having no further business, Councilmembers moved, seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Y