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HomeMy WebLinkAbout08-16-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5660 Railiar Adjniinned Meetin No 17 - August IA. 1999_ Agenda Item A-1 Wishing to be heard during the Open Comment Period was Steve Jerde, 2033 13th Avenue N.W. Mr. Jerde noted the article appearing in the Rochester Post Bulletin on Tuesday, August 10, 1999, about the woman who preferred to keep her lawn unmowed and considered it a wildlife habitat. He said that the lawn was unslightly at two feet high; the Park Department had contacted her last year but hasn't done anything this year. He asked that the problem be taken care of. Wishing to be heard during the Open Comment Period was Mike Siverling, 519 28th Street N.W. He brought the Council's attention to the condition of 28th Street and other surrounding streets, such as Ninth Avenue. He presented pictures of the areas affected which had recently been paved. At the time of paving, Mr. Siverling noted he was concerned with the methods used in repair and stated that those methods are not working very well as the streets now have cracking from water running into and below the overlays. Wishing to be heard was Ben DeWitt, 634 28th Street N.W. Mr. DeWitt told the council that for some time the residents on 28th Street have been concerned about the deplorable condition of the street. The street has patches over patches and the cracks have been filled with asphalt. Most of the fill has been washed away and, unless repaired, the frost will heave the street this winter. Surrounding streets, including 26th Street, have been recently repaired. Mr. DeWitt was told by the Public Works Department that all City streets are placed on a rating system; 28th Street is noted 20 out of a possible 100 rating. The rating system ascertains the needs and exact conditions of the total system in Rochester. Several of the neighbors were in the audience to bring the problem to the attention of the Council. 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. Absent: Walter Stobaugh. President Hunziker and the Council recognized Boy Scouts Troop #498 from Bethany Methodist Church. C-1 Wishing to be heard was Troy Healy of Waste Management, Inc. addressing the Council about the approved hours for refuse collection. Mr. Healy asked the Council to consider earlier starting for waste pickup in commercial and industrial areas. Current ordinance requirement are that pickup cannot start before 7:00 A.M. Traffic, particularly in the downtown area between 7:00 and 9:00 A.M. is extremely heavy with people coming to work If pickup could start at 4:00 A.M. it could be finished by 7:00 A.M. Staff will look into the possibility of earlier starting time for the commercial and industrial areas. D-1-5, Councilmembers Hanson moved, McConnell seconded, to approve the following 7, 9- consent agenda items: 13, 15- 19, 21- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 16 1999 5661 Agenda Item 22, 24- 26, 28- 29, 31- 33, 35, 37-39 D-1 Approved the minutes of the July 19th and August 2"d, 1999 Council meetings. D-2 Approved appropriating $6000 from the Future Construction Account to fully fund the Rochester Civic Theatre stage lighting dimmers project. D-3 IAdopted Resolution No. 512-99 approving the Hazardous Material Emergency . Preparedness Grant Agreement in the amount of $2000. D-4 IAdopted Resolution No. 513-99 authorizing the execution of a Promissory Note and Installment Sale Agreement with Rochester Area Habitat for Humanity. D-5 Approved the following licenses and miscellaneous activities: Gambling — Premise Permit American Legion Post #92, Rochester Multiple Sclerosis Society at Kathy's Spirits & Games, 63 Club, Kings Crossing 921 Club, RochesCheers Pub & Grill Gambling — Temporary Ruffed Grouse Society — Raffle at Radisson Hotel — September 9, 1999 Heating Contractor Excel Air Systems, Inc., Maplewood Air Temperature Service, Inc. Master Installer Timothy Neitzel, McFarland, Wisconsin Sound Amplification Permits Rochester Golf & Country Club — Pool Party — August 12, 1999 (request to waive time restriction; prior approvals — President Hunziker, Councilmembers Hanson, McConnell, Evans) Rookies Sports Grill & Bar — Outdoor Band — August 28, 1999 (request to waive time restriction) Ballroom Dancers Association — Peace Plaza on August 17, 1999; Skyway between Radisson and Galleria on September 20, 1999 Miscellaneous Street Use 1999 LALECHE League International — Walk Around Silver Lake — August 21, D-6 See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5662 CITY OF ROCHESTER, MINNESOTA Reliar Adjoi imed Meeting No 17 — August 16, 1999 Agenda Item D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 Approved Accounts Payable in the amount of $1,276,472.34. See at end of D Items. Adopted Resolution No. 514-99 approving the sale of used Fire Department apparatus to Northeast Fire Apparatus for $78,000. Affirmed the appointment of Dan Muyres to the position of Police Lieutenant and Mike Walsh to the position of Police Sergeant. Affirmed the appointment of Jason L. Griffith, Mark S. Belisle, Eric R. Roynton, James J. Novak, Ann M. Hanson and Todd A. Schwanke to the position of Police Officer. Adopted Resolution No. 515-99 approving the Wetland Delineation and Replacement Plan for IBM on property located immediately north of the IBM main plant, north of 37t' Street and south of 41" Street N.W. Adopted Resolution No. 516-99 approving the Wetland Delineation and Replacement Plan for the City of Rochester on property located on the RCTC property south of 0 Street or Collegeview Road S.E. and northeast of 8'h Street S.E., and west of CR 22, Circle Drive. See at end of D Items. Adopted Resolution No. 517-99 approving Annexation Petition #99-15 by Big -De Development Company initiating orderly annexation for 38.62 acres of land located north of 62"d Street N.W., east of Bandel Road N.W. and instruct the City Attorney to prepare an amendment to the Cascade Township Orderly Annexation. Approved the request from the Police Department to apply for funding eight additional police officers through the COPS Universal Hiring Program. Adopted Resolution No. 518-99 approving the execution of a Municipal Agreement with McDOT to provide for alterations and access modifications to TH 63 within the City between Td Avenue S.E. and the TH 52/63 interchange. Adopted Resolution No. 519-99 awarding the bid to Nietz Electric, Inc. in the amount of $185,000 for Project No. 9951 (J-6398) "Installation of a Traffic Signal on South Broadway and 25`h Street S.E. and Modification of the Existing Traffic Signal at South Broadway", and adopt Resolution No. 520-99 seeking a variance from MnDOT for opening bids on a MSAS project without a signed Plan Sheet. Adopted Resolution No. 521-99 authorizing an amendment to the LSA Design, Inc. Professional Services Agreement for an amount not to exceed $15,200 for TH 52 aesthetic design. 1 D-20 I See at end of D Items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5663 Regular Adjourned Meeting No. 17 — August 16 1999 Agenda Item Adopted Resolution No. 522-99 authorizing the execution of a Development D-21 Agreement with St. John's School for sewer, water, sidewalk and driveway improvements. D-22 Withdrawn at the request of Public Works. D-23 See at end of D Items. D-24 Adopted Resolution No. 523-99 authorizing the acquisition of 80 acres of land owned by William Carr in the amount of $128,000 for Rochester International Airport Runway Extension. D-25 Adopted Resolution No. 524-99 approving the Highway Maintenance Agreement between the City of Rochester and Olmsted County for the period of July 1, 1999 to June 30, 2000 for 11.31 miles of County highways within the City of Rochester. D-26 Adopted Resolution No. 525-99 awarding the contract to Elcor Construction for Project No. 9903 (J-1979) "Cascade Creek Wetland Banking Site Construction", in the amount of $167,762.50. D-27 See at end of D Items. D-28 Adopt Resolution No. 526-99 referring the petition for annexation from the residents in Rose Harbor subdivision to the Public Works Department for a feasibility study, develop engineering service agreements, refer the petition to the Marion Town Board, and negotiate and prepare an Orderly Annexation Agreement with Marion Township for annexation of Rose Harbor Subdivision. D-29 Adopt Resolution No. 527-99 authorizing Engineering Service Agreements for Project No. M001 (J-9598) "Trunkline Sewer in Future 20th Street S.E. Alignment from the Willow Creek Trunkline Sewer to Marion Road S.E." with Short Elliot Hendrickson & Associates; Project No. M-002 (J-9599) "Sanitary Sewer and Watermain to Serve Baihly Woodland Subdivision" with Bonestroo, Rosene, Anderlik & Associates; Project No. M003 (J-9600) "Sanitary Sewer to Serve Marvale Addition and Whynaught Subdivision" with WHKS & Co.; and Project No. M-004 (J-9601) "Sanitary Sewer to Serve Nelson's Subdivision, Christopher Courts Subdivision and the South Side of Marion Road North of 201h Street S.E. and Sanitary Sewer and Watermain to Serve 20th Street S.E. and Samelian's Subdivision". D-30 See at end of D Items. D-31 Adopt Resolution No. 528-99 authorizing the City Clerk to advertise for bids for Project No. 9916 (J-4895) "Dredging of the Zumbro River from 4th Street S.E. to Center Street" to be opened on September 15, 1999. D-32 Adopt Resolution No. 529-99 authorizing the City Clerk to advertise for bids for Project No. 6312-1-99 (J-9542) "Reconstruction of 12th Avenue N.E. from 14th Street N.E. to end of Cul-de-Sac" to be opened on September 15, 1999. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5664 Real liar Alin, irned Meeting No 17 — August 16, 1999 Agenda Item D-33 D-34 D-35 D-36 D-37 D-38 D-39 W W D-14 Adopt Resolution No. 530-99 authorizing the City Clerk to advertise for bids for Project No.6304-4-99 (J-9544) "Construct Concrete Curb & Gutter, and Grind & Overlay 4th Avenue N.W. from 25th Street N.W. to Zumbro Drive N.W.; and Grind & Overlay 4th Avenue N.W. from Elton Hills Drive N.W. to 25th Street N.W., 25th Street Cul-De-Sac, and 26th Street N.W." to be opened on September 15, 1999. See at end of D Items. Adopted Resolution No. 531-99 amending the Professional Services Agreement with SHE for additional manhole inspection in an amount not to exceed $9,300 for Project No. J-2179. See at end of D Items. Adopted Resolution No. 532-99 authorizing the City Clerk to advertise for bids for Primary Scum Piping Replacement at the Water Reclamation Plant to be opened on September 28, 1999. Adopted Resolution No.533-99 approving the Collective Bargaining Agreement with the Dispatchers, IAFF Local 3869 for 1999-2001. Adopted Resolution No. 534-99 accepting the low bid from MacQueen Equipment for One (1) 1999 or newer 225 Gallon Diesel Powered Crack -Sealing Machine for the Public Works Department at a cost of $27,835.91. Ayes (6), Nays (0). Motion carried. Councilmembers asked for and received clarification on the two amateur boxing clubs in the City. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 535-99 approving the renewal of the Professional Boxers Franchise for Tuffy's Boxing Promotions, Inc. for the period ending December 31, 2000. Ayes (6), Nays (0). Motion carried. Councilmember Marcoux brought to the attention of the Council the campaign known as CardioVision 2020 for the prevention of heart disease. She acknowledged Becky Hoffman and Dr. Kottke who have been instrumental in the development of the program. Councilmember Marcoux moved, Evans seconded, to adopt Resolution No. 536-99 supporting CardioVision 2020 and proclaiming the City of Rochester a "CardioVision 2020" city. Ayes (6), Nays (0). Motion carried. Councilmember Senjem noted that the findings being adopted are on page 48 of the Request for Council Agenda. 1 Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 537-99 declaring the need for an Environmental Impact Statement for the Continental Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5667 Regular Adjourned Meeting No. 17 — August 16, 1999 The applicant has requested that this item be continued to the September 8, 1999, meeting. Councilmembers McConnell moved, Hanson seconded, to continue the hearing on General Development Plan #99-139 Quarry Ridge by Klaxon Properties, Inc. to September 8; 1999. Ayes (6), Nays (0). Motion carried. E-3 IA Hearing on Zoning District Amendment #99-14 by Klaxon Properties, Inc. on property located north of 2"d Street N.W., west of TH 52. The applicant has requested that this item be continued to the September 8, 1999, meeting. Councilmembers Evans moved, Senjem seconded, to continue the hearing on General Development Plan #99-139 Quarry Ridge by Klaxon Properties, Inc. to September 8, 1999. Ayes (6), Nays (0). Motion carried. E-4 A Continued Hearing on Type III, Phase II Restricted Development #99-21 Preliminary Plan by South Broadway Partners L.L.C. located east of St. Bridget Road and north of 45t" Street S.E. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to approve Restricted Development #99-21 Preliminary Plan by South Broadway Partners L.L.C. with nine conditions. Ayes (6), Nays (0). Motion carried. E-5 IA Continued Hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision. The applicant has requested that the Council continue the hearing to the September 8, 1999, to allow time to secure the easement. Councilmember Hanson moved, McConnell seconded, to continue the hearing on Final Plat #99-14 to be known as Folwell Ridge Subdivision to September 8, 1999. Wishing to be heard was Bob Spelhaug, 902 Kaito Lane N.W. Mr. Spelhaug questioned why the developer has postponed the meeting a number of times and why the easement has not been secured. He indicated no proposal for acquiring an easement from the property owner has been made as suggested to Planning. Councilmembers Hanson and McConnell withdrew the motion and second to continue the item to September 8, 1999. Discussion. Councilmembers agreed that the item should not come back to the Council until the easement has been secured. 11e RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item 4up Councilmembers Marcoux moved, McConnell seconded, to continue Final Plat #99- 14 to be known as Folwell Ridge Subdivision indefinitely. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase III Conditional Use Permit #98016 by Tom and Peggy Besch to renew the conditional use permit for temporary storage of products on property located at 5215 Castlewood Lane N.W. Wishing to be heard was Bill Ryan, Dunlap & Seeger, representing Tom and Peggy Besch. He noted that the applicants had previously been granted a six-month continuation of their use permit; they are now requesting that the conditional use be made permanent. The applicants meet all requirements for an occupational home use permit except for possibly the traffic requirement. One truck delivers once per week between 9:00-11:00 A.M. and customers pickup from 6:45 to 8:00 P.M. on Monday evening for 8 to 10 minutes apiece. Traffic is a minimal impact to the neighborhood. Wishing to be heard was Kip Frick, 5210 Castlewood Lane N.W., owner of the property directly next door to the south of the Besch's. He noted that they have put up with the business and the traffic for several years. He stated that there are more than a few cars which necessarily do not arrive when they should. The truck that makes the deliveries pulls into the driveway and extends into the road. Elderly residents and others have to walk around the truck into the street to pass. Mr. Frick felt that the business has become too large to be left as a house business. Councilmember Senjem stated that he had polled 13 people in the neighborhood; 9 were okay with it, 3 not satisfied and 1 could not be reached. He said that generally people thought the business was okay. Wishing to be heard was Tom Besch, 5216 Castlewood Lane N.W. In answering a question posed by Councilmember Marcoux about possibly finding other adequate space, he answered that this was a business that his wife could run from the home and still be able to care for their small children. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded, to adopt Resolution No. 542-99 approving the renewal of Conditional Use Permit #98016 by Tom and Peggy Besch for a two-year period, ending June 30, 2001, with the four recommended conditions. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. E-7 A Hearing on Addition to General Development Plan #106 by Ratzloff/Bigelow on land located north of Pinewood Road, west of 22"d Avenue S.E. and east of the bikeway trail. Wishing to be heard was Harvey Ratzloff, 3402 6th Street N.W., developer of the project. He was available for questions from the Council. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA 5669 Regular Adjourned Meeting No. 17 — August 16 1999 Councilmember Senjem commented on the number of complaints over the years about wet basements and sump pumps in the Pinewood area. He was concerned that perhaps the new development would also experience the water table problems. Wishing to be heard was Harvey Ratzloff. He stated that in inquiry through the Planning and Zoning Department earlier, it was found that this area had been left out of the flood project analysis. Because of a recent completed study provided to the City, the lots in the development will be cut from 45 to 26. A large retention/detention pond will be built north of the project. The pond will accept the drainage from South Park I, II, III, and IV on the other side of Pinewood Road and let it flow into Badger Run. Wishing to be heard was Michon Pingree, 1952 Pinewood Road S.E.. She noted that her residence is located between South Park 4th and 5th. Ms. Pingree stated that one of the reasons why they wanted to be annexed was the fact that they could hook to City sewer and water. However, because of the high water table, they have not been able to hook up all summer. Behind their houses, the South Park additions are built up and the runoff from these developments have caused a large ponding on the north side of Pinewood Road. Consequently, the dog park is a mudhole and the bike path is under water a good share of the time. She is concerned about her home and the drainage around it being taken care of. Wishing to be heard was Harvey Ratzloff, developer. He noted that Ms. Pingree has legitimate concerns. However, a concrete flow will be completed behind her home and will drain the to area north of the proposed development. Wishing to be heard was Don Dallman, 1928 Pinewood Road S.E. Mr. Dallman has a big hole in his front yard; the contractor found that they needed to excavate 13 feet but were unable to because the water table was at 7 feet. When the street was done, the ponding of water was a result of a ridge being made when the dirt from the street was graded. There is no drainage for the pond. Wishing to be heard was Michon Pingree, 1952 Pinewood Road S.E. She was concerned about the cost of hookup to the sewer and water. Dewatering must be done, the developments are removing trees that absorb water and escalating the water problems. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the developer. Provisions for the general development plan include a regional water detention facility. The detention facility will handle water from the South Park subdivisions and other places as well. Wetland areas to the west will remain undisturbed. The size of the lots has been reduced from 45 to 26. Wishing to be heard was Kathy Gray, 1944 Pinewood Road S.E. Last fall they were annexed by the City. When the City was installing and hooking up water, they were dewatering; now if the residents are going to have to dewater, it will be extremely costly. Is the City going to help pay for it? 5670 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item Mike Nigbur, Public Works Department, noted that the flume that will be located behind the houses to remove the water will be completed in 2000 or 2001. Richard Freese, Director of Public Works, stated that support through the Quality Water Protection Program for hookup did not include the cost of dewatering. He noted that they will need to look at the circumstances for this area, contact the residents along Pinewood Road and report back to the Council. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve General Development Plan #106 by Ratzloff/Bigelow with the seven conditions as noted on page 177 for the Request for Council Action and findings as noted on page 184 and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-8 A Hearing on Type III, Phase II Preliminary Plat #99-16 by Bigelow/Ratzloff to be known as South Park Fifth Subdivision, located along the north side of Pinewood Road, west of 22"d Avenue S.E. and east of the bikeway trail. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to approve Preliminary Plat #99-16 by Bigelow/Ratzloff to be known as South Park Fifth Subdivision with seven conditions, replacing condition #2 with condition #2 on page 199 of the Request for Council Action and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-9 A Hearing on Type III, Phase II Restricted Development #99-19, Preliminary Plan, by Vernon Broll for property located along the north side of Country Club Road, east of 6t' Avenue N.W. on Lot 2, Block 3, Fox Ridge Townhomes First CIC #159. Wishing to be heard was Pat Bluhm, 4919 18'/2 Avenue N.W. He asked for approval of the project and was in agreement with all of the conditions. Councilmember Marcoux complemented Mr. Bluhm on the excellent project. She was, however, concerned about the adjacent Fox Ridge drainage issue not being handled at this time. She asked that another condition be added that would put a hold on this project until the drainage issues are resolved. Wishing to be heard was Pat Bluhm, 4919 181'h Avenue N.W. He said that they are aware of the drainage problems and do not feel that their project should be held up because of another developer's problems. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 543- 99 approving II Restricted Development #99-19, Preliminary Plan, by Vernon Broll with six conditions. Ayes (6), Nays (0). Motion carried. LJ Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 — August 16, 1999 5671 Councilmembers Senjem moved, Hanson seconded, to waive the need for the Final Plan for II Restricted Development #99-19, Preliminary Plan, by Vernon Broll: Ayes (6), Nays (0). Motion carried. E-10 A Hearing on Type III, Phase I, Final Plat #99-29 by Windsor Well Corporation to be known as Greystone on property located east of 18th Avenue S.W., north of 36th Street S.W. and south of 30th Street S.W. Staff requested that the item be continued to August 23, 1999. Councilmembers Evans moved, Hanson seconded, to continue, Final Plat #99-29 by Windsor Well Corporation to be known as Greystone to the August 23, 1999 Council meeting. Ayes (6), Nays (0). Motion carried. E-11 A Hearing on Type III, Phase I, Final Plat #99-37 by Volunteers of America Care Facilities, to be known as The Homestead, located along the north side of 551h Street N.W., west of 18th Avenue N.W. The applicant requested that the item be continued to September 8, 1999,to allow them time to complete the development agreement. Councilmembers McConnell moved, Marcoux seconded, to continue Final Plat #99- 37 by Volunteers of America Care Facilities, to be known as The Homestead to .the September 8, 1999, Council meeting. Ayes (6), Nays (0). Motion carried. E-12 A Hearing on Type III, Phase I, Final Plat #99-36 by Medical Futures L.L.C. to be known as Cascade Meadows CIC 163, located west of 25th Avenue N.W., north of 551h Street N.W. Wishing to be heard was Tom Meilander, 3210 Pinewood Road S.E., representing the applicant and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to adopt Resolution No. 544- 99 approving Final Plat #99-36 by Medical Futures L.L.C. to be known as Cascade Meadows CIC 163 with two conditions. Ayes (6), Nays (0). Motion carried. E-13 A Hearing on Annexation Petition #99-13 by Donald Untiedt and ISD #535 to annex 58.79 Acres located along the south side of CSAH 2, west of Haverhill Road N.E. and in Shannon Oaks General Development Plan. Wishing to be heard was Tony Ebert, Chairperson of the Haverhill Township Board, 3688 Valleyridge Court N.E. The Haverhill Town Board objected to the development of Shannon Oaks and objected to the EAW for that subdivision. They still do not feel that their concerns have been satisfied and, therefore, oppose this annexation. The Town Board is concerned about the spring and pond in Haverhill Township and do not feel that the EAW adequately addressed where the water comes from. They feel that a transition between the Haverhill Township and the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5672 CITY OF ROCHESTER, MINNESOTA - Regular Adjourned Meeting No. 17 —August 16, 1999 Agenda Item E-14 E-15 City; low density and high density, needs to be met, and want guarantees that any general development plan or changes be approved by the Haverhill Town Board in the future. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation Petition #99-13 by Donald Untiedt and ISD #535 and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #99-14 by White Oaks Development of Rochester, Inc. to annex 89.38 acres located along the west side of 50'h Avenue N.W., north of the Douglas Trail. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant, and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Annexation Petition #99-14 by White Oaks Development of Rochester, Inc. and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Expansion of Permit Parking Zone #8 (Kutzky's Addition). Wishing to be heard was Betty Hennessey, 222 8'/z Avenue N.W. Ms. Hennessey is still opposed to permit parking. She would like to have no parking in the cul-de- sac to provide a turn -around for the residents and for service vehicles Can there instead be no parking from 7:00 to 9:00-A.M.? Wishing to be heard was Tom Dezeil, 218 8'h Avenue N.W. Mr. Dezeil is in favor of permit parking on both sides of the street. He favors permit parking on both sides of the street Monday through Friday, 7:00 to 9:00 A.M. He took the information to all of the neighbors. He felt that the permit parking in the morning would solve the school parking issue. Wishing to be heard was Tom Deedrich, .215 8 % Avenue N.W. There have been no cars or trucks parked on the street all summer. The parking occurs between certain hours. Permit parking is fine but no parking signs would do the same job without costing the residents. It would also eliminate no parking signs on the cul- de-sac if there are no parking signs on the street. Wishing to be heard was Tom Rowe, 226 8'h Avenue N.W. He is in favor of permit parking; wants to see the no parking signs come down. At the present, he can't park in front of his house. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5673 Regular Ad'ourned Meeting No. 17 — August 16 1999 Agenda Item Councilmembers Senjem moved, Hanson seconded, to adopt Resolution No. 545- 99 amending the Comprehensive Traffic and Parking Resolution by adding Paragraph (2) to Zone #8 (Kutzky Addition) of Section L "Residential Permit Parking" to read: (2) 8 Y2 Avenue N.W./200 Block, on both sides of the street, from 7:00 A.M. to 9:00 A.M., school days only. Ayes (6), Nays (0). Motion carried. E-16 I A Hearing on the Proposal to Establish Development District No. 12, Establish Financing District No. 12-1 and adopt the Related Tax Increment Financing Plan. Wishing to be heard was Harvey Ratzloff, 4402 Sixth Street S.E. Mr. Ratzloff noted that the project is a 24-unit complex, 5 percent of the units will be available for persons with a median income. He is in agreement with the conditions of the staff. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Hanson seconded, to adopt Resolution No. 546-99 approving Development District No. 12, establishing Financing District No. 12-1 and adopting the Related Tax Increment Financing Plan. Ayes (6), Nays (0). Motion carried. E-17 A Hearing on the Proposed Adoption of the City's Business Subsidy Policy Under Minnesota Statutes Section 116J.993 through 116J.995. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to adopt the City's Business Subsidy Policy Under Minnesota Statutes Section 116J.993 through 116J.995. Ayes (6), Nays (0). Motion carried. F-1 Councilmembers Hanson moved, Evans seconded, to adopt the Findings of Fact, Conclusions of Law, and Order related to Land Use Plan amendment and Zone Change request #99-13. Ayes (6), Nays (0). Motion carried. F-2 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 547- 99 approving the execution of a Development Assistance Agreement and related documents with JO-EL Properties for the Bear Creek Housing. Ayes (6), Nays (0). Motion carried. G-2a An Ordinance Rezoning Certain Property From the R-2 District to the R-1 District, From the PUD R-58 District to the R-1 District, From the R-4 District to the R-1 District, From the R-4 District to the R-2 District, From the B-4 District to the R-2 district, and From the R-3 District to the R-2 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 Side Neighborhood) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5674 Real liar Adin, irned Meeting No 17 — August 16, 1999 Agenda Item G-2b G-2c G-3 An Ordinance Annexing to the City of Rochester Approximately 58.79 Acres of Land Legally Described As A Part of the Northwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South side of Viola Road N.E., West of Haverhill Road N.E., within Shannon Oaks GDP) An Ordinance Annexing to the City of Rochester Approximately 89.38 Acres of Land Legally Described As A Part of the Northeast Quarter and the Southeast Quarter of Section 7, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (West side of 50th Avenue N.W., North of Douglas Trail) Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 548- 99 entering into an Owner Contract with Continental 59 Fund LLC and Rochester Sand and Gravel, Inc. for Project No. J-6398 "Highway 63 & 25th Street Improvements". Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers moved, seconded, to adjourn the meeting to August 23, 1999, at 4:15 P.M. C, ALee2' / City Clerk