HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#252.Amendment
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#252 Amendment Conclusions of Law,
and Order
___________________________________
On October 17, 2016, the Common Council of the City of Rochester held a public hearing,
upon notice to the public, to consider the Planning and Zoning Commission's findings of the public
hearing held on September 28, 2016, in response to the application for an amendment to General
Development Plan #252.
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At the October 17 public hearing, all interested persons were given an opportunity to give
testimony and make presentations concerning the application.
Based upon the evidence presented at the hearing, the Common Council of the City of
Rochester does hereby make the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. At its September 28, 2016, public hearing on this application, the Planning and
Zoning Commission considered the issue of whether the amendment to General Development
Plan #252 satisfied the conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215
(2013).
2. R.C.O. §61.215, subd. 2, provides that a general development plan must comply
with all of the following criteria:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
inconsistency between these documents, the means for reconciling the
differences must be addressed.
B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's ability to
safely accommodate trips from existing and planned land uses on the
existing and proposed street system without creating safety hazards,
generating auto stacking that blocks driveways or intersections, or
disrupting traffic flow on any street, as identified in the traffic impact
report, if required by Section 61.523(C). Capacity from improvements
in the first 3 years of the 6-year CIP shall be included in the
assessment of adequacy.
2. Utilities are now available to directly serve the area of the proposed
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land use, or that the City of Rochester is planning for the extension of
utilities to serve the area of the proposed development and such
utilities are in the first three years of the City's current 6-Year Capital
Improvements Program, or that other arrangements (contractual,
development agreement, performance bond, etc.) have been made to
ensure that adequate utilities will be available concurrently with
development. If needed utilities will not be available concurrent with
the proposed development, the applicant for the development approval
shall stipulate to a condition that no development will occur and no
further development permit will be issued until concurrency has been
evidenced.
3. The adequacy of other public facilities must be based on the level of
service standards in Section 64.130 and the proposed phasing plan
for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
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improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
Program;
3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
3. R.C.O. §60.532 (5) authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to insure compliance
with §61.215.
4. The Planning Department staff reviewed the General Development Plan application
using the criteria found at section 61.215, subd. 2, and recommended the following findings of fact:
A. The Rochester Urban Service Area Land Use Plan designates this
property as “low density residential.” The Scenic Oaks Lakeview General
Development Plan property is zoned R-1 Mixed Single Family Residential
District. The proposed Land Use and Zoning are consistent with the
approved designations for the property.
B. The proposed lot sizes and density are compatible with the existing and
permissible future use of adjacent property.
The proposed GDP identifies roadway connection points to the existing
Scenic Oak Subdivision and two future roadway connections to the
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western boundary of the site. The previously proposed GDP provided a
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connection point to 60 Street SE, the removal of this connection appears
to provide a reduction in the neighborhood connectivity. Future
development to the west of the Scenic Oaks Lakeview GDP is
undetermined at this time. The subdivision will be limited in the
development potential due to the average daily trip limit of the roadway
system north of the project.
C. Pedestrian facilities will be located along all right of ways of all public
roadways. The developer is responsible for pedestrian facilities along
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that portion of 60 Street SW that runs along the southern boundary of
the GDP. In addition, a 10’ wide bituminous trail will be required along
one side of the extension of Reservoir Drive SW.
Under section 64.227 of the LDM a pedestrian connection is required if
the block exceeds the 800 feet in length. The southerly extension of
Reservoir Drive SW and cul-de-sac shown in the plan may be subject to
this portion of the LDM.
The development needs to connect to the existing unsurfaced trail
identified on the site plan. The previously approved GDP provided an
unsurfaced trail along the northern edge of the proposed lots and a trail
connection from to the unsurfaced trail from the residential neighborhood.
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The previous GDP provided pedestrian connections to 60 Street SW
with the pedestrian facilities that were required by the roadway
connection. The elimination of that roadway connection has reduced the
pedestrian connectivity the applicant needs to provide a pedestrian
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connection to 60 Street SW.
Scenic Oaks Lakeview is not currently served by Rochester Public
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Transit. The closest transit service would be at Target South (48 Street
SE and Maine Avenue SE), about 3.5 miles from the site. The Target
South stop is served by Routes 6M, 7N, 14 and 15D.
D. The proposed mix of housing is consistent with the Land Use Plan
designation of “low density residential.” The amended General
Development plan will accommodate single family homes on public and
private roadways.
E. The extension of Reservoir Drive SW south from the Scenic Oaks
Development is required prior to the development of the Scenic Oaks
Lakeview General Development Plan. The development identifies several
accesses points to the Scenic Oaks Lakeview GDP western boundary.
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The plan will need to address the additional right-of-way needs for 60
street NW.
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Pedestrian facilities will be located along all right of ways of all public
roadways. The developer is responsible for pedestrian facilities along
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that portion of 60 Street SW that is adjacent to the development. In
addition, a 10’ wide bituminous trail will be required along one side of the
extension of Reservoir Drive SW.
The previously approved General Development Plan (GDP) for the area
identified a pedestrian connection along the north side of the residential
lots which connected to the unpaved trail to the north of the Scenic Oaks
Subdivision. The previously approved GDP also provided connection
from the unpaved trail into the residential network. This trail connections
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is not identified on the proposed GDP. The pedestrian connection to 60
Street SW has been eliminated due to the removal of the vehicular
roadway connection. The development is subject to requirements for trail
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connections to 60 Street SW.
F. The extension of Reservoir Drive SW south from the Scenic Oaks
Development is required prior to the development of the Scenic Oaks
Lakeview General Development Plan, and will be completed at the
developers cost.
Watermain will be extended from the Scenic Oaks development. A private
sanitary sewer lift station is proposed that will pump sewage to a manhole
located in the Scenic Oaks Development. Other utilities are proposed to
be extended from the existing Scenic Oaks Development as well.
The policies and goals found in Chapters 2 and 3 of the Rochester Urban
Service Area Land Use Plan encourages developing a range of densities
and development styles. Varied lot sizes and housing styles are still
proposed within this development, which will help further these goals.
A Development Agreement was developed for the site in 2005 and a
Supplemental Development Agreement has been recorded in 2014. If
during the development and platting process, there are determined to be
inconsistencies with the current proposal a second Supplemental
Agreement may be needed for the project.
Pedestrian facilities will be located along all right of ways of all public
roadways. The developer is responsible for pedestrian facilities along
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that portion of 60 Street SW that is adjacent to the development. In
addition, a 10’ wide bituminous trail will be required along one side of the
extension of Reservoir Drive SW. The development is subject to
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requirements for trail connections to 60 Street SW and the unpaved trail
to the north as the development.
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G. This property generally slopes from south to north. The high spot is
located near the southwest corner of the site. The southeast and
northwest corners are the low points.
Grading and Stormwater Management Plan shall be approved, or
approvable with conditions, prior to Final Plat submittal. Stormwater
management must be provided for this development and shall be
reviewed as part of the Grading and Drainage Plan approval process.
The proposed on and off site facilities indicated on the GDP should be
considered conceptual until the Grading and Drainage plan has been
reviewed and a determination make b the City that the proposed locations
and design are appropriate / adequate and a determination is made on
ownership and maintenance of said facilities. Specific obligations of the
Owner, regarding stormwater management, will be addressed in the
Development Agreement. The entire property may be subject to the
Storm Water Management Plan Area Charge (SWMPAC). Any private
facilities will require the execution of and Ownership and Maintenance
Agreement.
The area is part of a Fen Management Plan approved by the Department
of Natural Resources, Shoreland Protection area and 100 year floodplain.
H. A Wetland application has been approved by the City and a Wetland
Replacement plan was approved in 2014 to address the wetland impacts
due to the development of Reservoir Drive SW.
According to the Decorah Edge Features map, the Cummingsville
Formation is on a portion of the property. Grading within this area will
need to comply with the provisions of Chapter 59.
I. The lot, block and street layout for the development and the lot density for
residential development are consistent with the subdivision design
standards contain in Section 64.100 and are compatible with existing and
planned development of adjacent parcels.
The roadway network provides connectivity to the adjacent properties to
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the west of the GDP. The removal of the connection to 60 Street SW,
located on the southern boundary of the GDP. The project must comply
with the Average Daily Trip Requirements for the area.
J. The GDP consists of 80.74 acres of land and consists of all lands for
which the applicant has ownership or interest.
A development agreement has been executed and recorded to the
project. Document #A-1081350 Development Agreement – recorded
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2005 Document #A-1360496 First Supplemental Development Agreement
– recorded 2014.
K. The proposal is in compliance with the Comprehensive Plan and the
Complete Streets Policy of the City. Pedestrian facilities will be located
along all right of ways of all public roadways. The developer is
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responsible for pedestrian facilities along that portion of 60 Street SW
that is adjacent to the development. In addition, a 10’ wide bituminous
trail will be required along one side of the extension of Reservoir Drive
SW.
The Existing development agreement requires that the developer provide
one 8 foot by 13 foot concrete bus shelter pad at a location determined
by\\ the City Engineer.
L. Specific building footprints are not identified on the Plan.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. The plan shall be modified as follows to show:
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(1) Pedestrian facilities shall be shown along 60 Street S.W.
(2) A ten-foot foot wide bituminous pedestrian connection shall be
shown from Reservoir Drive continuing along the north side of the
residential lots to the existing unsurfaced trail.
(3) A ten-foot wide bituminous pedestrian connection from the western
cul-de-sac to the pedestrian connection identified above.
(4) A ten-foot wide bituminous pedestrian connection from
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development to 60 Street SW.
(5) The lots shown within the Rochester International Airport Zone ‘C’
need to identify the acreage to show they meet the minimum one
acre requirement.
B. The developer shall maintain a 50 foot wide buffer along the rear lot line
of the residential properties abutting the park land along the reservoir.
The buffer shall be identified as a separate outlot or provide an easement
to identify the location on the final plat. If an easement is used the
developer will need to provide signage on each lot to identify the area as
protected, signage text will be reviewed and approved by Planning Staff
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prior to installation. The developer shall provide, install and maintain the
signage if this method is selected.
C. The water main in the cul-de-sac streets must be looped and water mains
must be extended to adjacent properties per RPU requirements.
D. Execution of a City-Owner Contract and dedication of any applicable off-
site public easement is required prior to the construction of any public
infrastructure to serve this development.
E. There may be inadequate on and off site public facilities, there is an
existing Development agreement for 2005, and a First Supplemental
Agreement for late 2014 that are applicable to this Property. The current
proposal varies from the development planned at the time of the existing
Development Agreement and Supplemental Agreement were executed. If
through the platting process it is determined that proposed plan details
are inconsistent with the current Agreements, the Owner and City, shall
execute a Second Supplemental Agreement, or other legal Agreement to
address any inconsistencies, prior to recording a Final Plat.
F. The status of the Grading and Stormwater Management Plan shall be
approved, or approved with conditions prior to submitting the Final Plat.
Submittal of a Final Plat prior to Final Grading and Stormwater
Management Plan approval or approval with conditions requires
authorization from the City Engineer. Payment of any applicable Storm
Water Management Plan Area charges (SWMOAC) is due concurrent
with the Grading Plan Approval.
G. Execution of an Ownership & Maintenance Agreement, and / or
Revocable Permit, is require for the proposed private lift station.
H. The property development will need to be phased to limit the number of
average daily trips to less the 1,200 trips/day prior to the construction of a
second access as identified in the Development Agreement or gain
approval, by City Transportation Staff, of a phasing plan that documents
development to conform with an approved plan for average daily trips
within the transportation network for the area.
I. Development Chagres / fees applicable to the development of this proper
are / will be addressed in the existing or amended Development
Agreements and / or City Owner Contract, and will include but are not
limited to: Sewer Availability Charge (SAC), Water Availability Charge
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(WAC) Transportation Improvement Obligation related to 60 Street SW,
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Storm Water Management Plan Area Charge, Pedestrian Path along 60
Street SW, Pedestrian Facilities / Rams, Street Signs as well as Plant
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Investment Fees (PIF) which is calculate and collected through the
Building Permit approval process.
6At its September 28, 2016, meeting, the Rochester Planning and Zoning
.
Commission held a public hearing on this amended General Development Plan, reviewed the
application according to the requirements of section 61.215, subd. 2, adopted the Planning
Department’s recommended findings of fact, and recommended approval of the General
Development Plan application subject to nine conditions of approval.
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7. At the October 17 public hearing before the Common Council, the Applicant’s
representative indicated agreement with all of the Planning and Zoning Commission’s
recommended findings of fact and recommended approval of the application subject to the
nine conditions of approval.
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8. At the October 17 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and recommendation of the
Planning and Zoning Commission as described above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215, subd. 2, provides that the Council shall approve a general
development plan if the following criteria are satisfied:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
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inconsistency between these documents, the means for reconciling the
differences must be addressed.
B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's
ability to safely accommodate trips from existing and planned land
uses on the existing and proposed street system without creating
safety hazards, generating auto stacking that blocks driveways or
intersections, or disrupting traffic flow on any street, as identified in
the traffic impact report, if required by Section 61.523(C). Capacity
from improvements in the first 3 years of the 6-year CIP shall be
included in the assessment of adequacy.
2. Utilities are now available to directly serve the area of the
proposed land use, or that the City of Rochester is planning for the
extension of utilities to serve the area of the proposed development
and such utilities are in the first three years of the City's current 6-
Year Capital Improvements Program, or that other arrangements
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(contractual, development agreement, performance bond, etc.)
have been made to ensure that adequate utilities will be available
concurrently with development. If needed utilities will not be
available concurrent with the proposed development, the applicant
for the development approval shall stipulate to a condition that no
development will occur and no further development permit will be
issued until concurrency has been evidenced.
3. The adequacy of other public facilities must be based on the level
of service standards in Section 64.130 and the proposed phasing
plan for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
Program;
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3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
2. R.C.O. §60.532 (5) authorizes the Council to impose conditions on its approval of a
general development plan.
3. By a substantial amount of the evidence and testimony presented at the October 17,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
the amendment to General Development Plan #252 complies with the requirements of §61.215,
subd. 2 subject to the satisfaction of the nine conditions of approval described above.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2,does
hereby approve the amendment to General Development Plan #252 subject to the satisfaction of
the nine conditions of approval described above.
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Dated at Rochester, Minnesota this _____ day of October, 2016.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of October, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\252 Amd
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