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That they bring back, I don't know, but it's a big concern and I really would like to see some clarity in that.

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And really in the ordinance, you know, we're going to adopt a park semester plan, a complaint update.

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But until those plans have meet on the bones and specific, you know, recommendations for ordinance, language changes, that's where we need to get with us at planning and zoning commission.

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we've often weighed here. He knows that we've often brought up that we'd like to initiate some

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text amendments at Planning and Zoning Commission, but we're very quickly and often shot

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down and please wait, please wait and we're told it's just we can't wait. Development pressure

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is just it continues and it makes our job harder, it makes the developer probably bring more

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brings more confusion to them in terms of trying to figure all this out and we don't want to

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I know in speaking on Planning and Zoning Commission we're often seen as kind of a roadblock

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or a table and that's not what we're trying to be.

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We're trying to judge based on the information that's given to us in the

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zorning ordinance that's before us and I think we do a good job of that.

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All right.

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There you go.

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Is there any one else?

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Okay.

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I'm here to talk about what was the pipeline and I didn't bring my glasses.

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I'm going to put this up here.

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And you can see where our Rochester's going to be wrapped in pipeline.

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And I looked at the pipeline because they were very proud of it.

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It's the same as Tarzan's pipeline, but they're going to be running the none Tarzan's

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pipeline, gas through it, they said, I am, you have to tell us your name first.

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I'm a fairy, so those of you that don't know me.

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Thank you.

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And there's a blue line running right through the city.

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Can you see what that is?

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Here's the legend.

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Can you see the legend?

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I mean, racist.

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what can you see the legend I want them to see the legend there's a blue line can

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you see what the legend says a blue line is what is

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it I didn't bring my glasses

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I'm in a real big disadvantage so I have to count on you to be interactive right

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or they're trying to get in focus.

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Close town.

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Okay.

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I want you to be sure for this.

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I'll do my best.

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You've got glass and big glass.

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I'll be out here.

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Okay.

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I looked online.

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Kinder Morgan operates all the pipeline.

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I'm going to give them different means.

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Kinder Morgan has plans to wrap this city in Pipeline.

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And they might start out with the non-highly toxic

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but they have plans for the toxic real hardcore

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tar sands to eventually wrap around here and feed down

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into Texas and then Mexico and then I don't know where it's going.

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Now, you can sit back and you can say

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it's out of our hands, but it's your district, it's your area.

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And you have a lot more power than you think you do.

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There are states that actually stopped the tar sands pipeline.

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If you're going down a road and you're going to hit a stem line or a little car,

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you're going to hit a little car because you're going to get smashed by the stem line.

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And what the stem line is are people that said, no, there's no way this is going to happen.

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And it's more of a hassle than they care to take on.

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So I am asking this city, and I'll go before the county to be that stem line.

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And don't say that you don't have the power or you're just trying to get through your elected position and you're just trying to get through your life.

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And this is more than you can think about,

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wrap your mind around or deal with.

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Because it's not if there is a spill, it's when there is a spill.

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And Kinder Morgan, which feeds all the pipelines from Alberta, has a horrible record, hundreds of violations.

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And when they hit a suburb for a city, it isn't a spill, it's a major disaster that can never be corrected.

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And it's proprietary stuff.

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They're not going to start out with tar sands.

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We're going to start out with the stuff that you're not going to hit the ceiling over.

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But that's what the long range plan is for this wrap around deal that they're doing.

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because I've checked the Kinder Morgan maps, and they may not start out there, but they're

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going to go there. So, I think that you need to get creative or just believe that that

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pledge of allegiance that we took has justice for all, and act like it, and come out strong,

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so that it's too big of a headache for them to handle. Because if you're going to be a bigger

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headache than they can handle, and this is going to get in the press, and you're going to be revealing

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stuff they don't need it. They can't handle it. So I'm telling you you can use your power now

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or you can look back in hindsight and say it would have taken a lot of guts but if we had done

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that we wouldn't be in this pickle because you're going to be in a pickle. All right. Do I have

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any people here that are concerned? Do I have any people here majorly concerned? I think it's something

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that we dig into, we learn more about it and try to find out what the issues are and educate

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ourselves.

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And then we come back with a response.

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Once I have my plans in, it's in, and there's a thing called a global initiative, and

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our part of the global initiative is getting tarasans and frexans out to the world.

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Now they'll say, well, what are you going to heat with, well, the Saudis have figured out

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to fulfill the energy needed without poisoning water. We have cars planned here. So even though

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a lot of it's going to be in the township, some of it's going to run through the city. What is

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that blue line? The blue line appears to me, and I'll provide this information to the city clerk

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so we can post it. I want to hear what the blue line I don't have blessed. It says preferred route.

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preferred route is right straight to the city isn't it most of it's not in the city right now

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okay is any event running right straight to the city there's a there's a little bit in the city

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down by 48th street south west but most of it's in most of it's not in the city and I also don't know if this is a

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um a gas pipeline or a pipeline care uh capable of carrying uh well just so you know we're just about

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out of natural gas and we're getting into tarsans and breakfast they might start with uh

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I mean, it's all considered natural gas at this point.

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You need to know, and I say, it's all natural gas.

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Frap gas is considered natural now.

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Tarsans is considered natural now, but they assured me

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that it's going to be the kind that this city can react to,

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because if it's Tarsans, at a later date, or it's Frap,

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there's only the warning people that can clean it

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is the corporations who sell this product by saying,

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and if there's this still, you'll make money on the cleanup.

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That's what they tell their investors,

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because only they can clean it up.

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Okay. Well, we're going to move on.

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We've got your information.

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And we will take a look at it.

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Well, you're not going to keep that.

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Because that's only one I had.

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I've been told that you can't get it back.

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But all of that is available online.

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You go to Minnesota energy.

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And there's that much information that I threw away.

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Because all I'm interested in, what's your route.

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And then I got online and I Google.

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Kinder Morgan, that's all you have to research.

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Just Kinder Morgan.

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Because I handle it all.

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Okay. All right. Thank you very much. All right. I send a copy to the city clerk. Yes, sir.

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I know time is waiting here. So my name is Dennis Davy and I'm a 519-6th Street Southwest

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Rochester Minnesota. And I'm here as the President of the Southwest Neighborhood Association. And I just

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wanted to many times we get up and we talked to y'all about challenges and issues that we may

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be having in our neighborhood. But I want to do it up tonight to thank President Staver and

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city staff for contacting me last Friday with regard to something you're going to be seeing in

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other business tonight regarding the 501 project. I thought it was very thoughtful of them

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to run it by us for any comments we have and we're in support of activating second avenue.

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I think it's a nice, nice change and we'll make the neighborhood in the city downtown better

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Thank you.

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All right.

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Thank you.

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All right.

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We are at the end of our open comment period, but come to remember, build a back

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wanted, make a quick comment about an upcoming event.

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Put on by the National Community Resource Center on Wednesday, night, July 20, from

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6 to 830.

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There's an evening of inspiration and gratitude to support the Rochester Police Department

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on the County Sheriff's Department in the Rochester Fire Department.

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It'll be out at the International Events Center.

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If you're interested, you can call 507-254-1265.

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And I'll have that information here after the meeting

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if anybody's interested.

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But I'm by some of our youth program groups,

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and they're trying to show support for our local law enforcement

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and fire.

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All right, thank you.

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And I think I don't know if you mentioned the nominal fee $20.

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and it very recovers the dinner so it's not a fundraiser they emphasize it's not a fundraiser

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it just meant to show appreciation and this was have been in the planning since I think April or May

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well before some of the tragic events that have occurred in recent weeks across our nation so

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contact us to build a back all right with that I will call the meeting to order and ask the city clerk to conduct role

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Council President Staver.

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Councillor and Bill DeBac.

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Here, can we?

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Here.

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Here.

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Rascal.

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And Mayor Brady.

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All right.

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Thank you.

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We have no letters in petition or petition this evening.

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So we'll move to our consent agenda.

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I have Council Member Bill DeBac.

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I'm sorry.

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Council Member Wojik, pulling D3.

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Council Members.

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Hickie and Wojik, pulling D7.

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Council Member Wojik, the 15 and 16.

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Council Members Build a Back and Wojik, the 21.

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And please note that D24 is stricken at the request of the applicant, so that item will not be considered this evening.

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Were there any others?

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Hearing none, I would entertain a motion for approval in block of items D1 and 2.

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4 through 6, 8 through 14, 17 through 20, and 22 through 23.

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I have a motion by Mr. Builder-back. Second by Mr. Hickey. Is there any further discussion?

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Hearing none, all those in favor indicate by saying aye.

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Any opposed? Any abstentions? Motion carries.

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Item D3 is a request for funding for Recreation Center Improvement, Mr. Wojik.

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So we've revisited this project a number of times and we several times allocated more money to it.

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And I sent a note to the city administrator, I don't know if the rest of the council received that.

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But a little bit concerned about pouring more money into a project that's nearing 50% over budget by my colleague,

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or I'm calling everything.

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But I certainly understand why I would want to replace the gym floor or that's something that we have to do.

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The pool seating, I kind of get why it would be a good time to do it.

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The North Rink expansion, I mean, ultimately that's over $100,000 coming from the park

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reserves to do that, and I, you know, I just don't, I haven't heard anything from the park

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board.

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I don't know if the park board has, as discussed at this point, but I'm concerned as to

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whether or not adding a sixth ring for hockey at, you know, it comes to the top of the list

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for what those funds should be used for, so I'm a little bit concerned about that one,

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and I understand there's some matching funds in there,

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but still an extra $100,000 that we're putting into this project.

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That's pretty substantially over budget at this point.

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So that's my concern anyway.

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All that staff respond.

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Mr. Wooden, good to come in.

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Regarding the park board, this was discussed

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for our last park board meeting,

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where we had been requested

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through the user groups and came forward through administration, so we informed them that it was moving forward.

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And as far as the three projects you mentioned, the June floor and the seating, the questions were more along the lines of the North Rink.

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We, in Dale, became issues here.

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He can talk about the specifics, but this has been something that has been brought up several

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times through the life of the Recreation Center to get more use out of that North Rink.

202
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Right now, when we use both rings, seating is just obstacle and having the area for the

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the banches teams to set, would just maximize the use of that.

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Dale, do you have specifics on how that would alleviate that traffic here in that you

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discussed?

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I'm talking about the persistent traffic.

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I think the North Rink expansion, Michael's right.

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00:13:51,310 --> 00:13:53,410
We do have five other indoor arremas.

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This is the only one of the six that does not have players, benches, penalty boxes, or scores

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table.

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00:13:58,770 --> 00:14:08,630
It does have a score board when people do play games from senior games to return the robin or youth hockey games.

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They stand in the walkway between the two ranks, which then does not allow traffic to flow between the two ranks to get to the gymnasium.

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Or if you get to that ice sheet, it is very, very overcrowded in that area.

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If you've ever played senior hockey there, you stand right there in that gap.

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and then people from the other ranks are shooting pucks right at that wall, it's extremely loud.

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It would also help the figure skaters. It would give them more room.

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They use that rank about 75% of the time.

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It would give them room to house all their equipment on the other side of the rank,

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rather than between the two ranks.

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And again, we did go out between Utah key,

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Magic of Foundation and the Utah key foundation came up with a hundred thousand dollars

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the donations. And that's going to $100,000 to $213. And I guess the question I turn around to the

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Marks department, is this, you know, utilizes a substantial amount of the funds that you have. Is this the highest priority for the parks department?

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In regards to this facility, it was our desire to get these three projects complete by the time we opened the doors.

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When we broke ground and ran into the challenges with the waste site and the dump site,

226
00:15:30,880 --> 00:15:34,760
as best as that, of course, ate up our contingency.

227
00:15:36,180 --> 00:15:40,060
And as you mentioned, Mr. Roderick, we did.

228
00:15:40,200 --> 00:15:42,280
We have been back to request funds.

229
00:15:42,280 --> 00:15:49,340
I just looking at the user groups that are coming forward and the fundraising, the fact that

230
00:15:49,340 --> 00:15:55,020
with if we were able to complete these three projects, it would maximize use the facility

231
00:15:55,020 --> 00:15:58,560
which was the goal of the renovations to begin with.

232
00:15:58,580 --> 00:16:06,820
We felt it was worth bringing this forward and being able to do that so that when we do open

233
00:16:06,820 --> 00:16:13,660
doors, we've got a facility that will be able to handle the crowds and I know the aquatic

234
00:16:13,660 --> 00:16:17,220
seating and all of them will do that,

235
00:16:19,990 --> 00:16:22,230
including the bump out in the June 4.

236
00:16:27,310 --> 00:16:29,030
Anyone else, Mr. Mayor?

237
00:16:31,530 --> 00:16:36,150
There are many, many decades ago when I was on the figure skating board there, I had

238
00:16:36,150 --> 00:16:42,210
a question that kind of, are they then in favor of this expansion and are they helping fund

239
00:16:42,210 --> 00:16:51,930
of it. They are in favor. They did not come up with any funding. Okay. Their club is in no position.

240
00:16:52,090 --> 00:16:56,450
I don't think right now to donate any additional funds. They also had to, you know, they we did their

241
00:16:56,450 --> 00:17:02,010
locker rooms. They paid for all internal improvements to their locker rooms and to their new office.

242
00:17:02,490 --> 00:17:06,390
And I think that pretty much trained them at that point. So. All right. Thank you.

243
00:17:07,170 --> 00:17:11,230
I have two daughters that are figure skaters I can vouch for that comment.

244
00:17:11,870 --> 00:17:17,910
All right. Any other comments or questions? I would entertain a motion.

245
00:17:18,450 --> 00:17:19,630
I have a comment.

246
00:17:19,830 --> 00:17:20,350
What's means?

247
00:17:21,970 --> 00:17:26,250
I am in favor of all three of these items and the funding.

248
00:17:26,930 --> 00:17:29,290
I think we have a great facility.

249
00:17:29,910 --> 00:17:35,410
It's going to be one of the renowned facilities in our area.

250
00:17:38,710 --> 00:17:47,650
What's needed when I saw the pictures of the people that we're standing in a family because they couldn't give him a place to sit.

251
00:17:47,890 --> 00:17:51,350
This does not belong in terms of excellence.

252
00:17:52,610 --> 00:17:59,070
And so I am very much in favor of all three of these items and the funding that was with Mundo.

253
00:18:01,230 --> 00:18:02,450
Is that a motion?

254
00:18:10,830 --> 00:18:16,610
I have a motion by Ms. Main, second by Mr. Campion. Any discussion?

255
00:18:17,010 --> 00:18:18,310
What point of order, sir?

256
00:18:18,510 --> 00:18:18,670
Sir, sir.

257
00:18:20,390 --> 00:18:25,170
I would be correct motion to be to, because there's three separate questions being asked here,

258
00:18:25,210 --> 00:18:27,650
three separate projects, a motion to divide the question.

259
00:18:27,650 --> 00:18:32,750
It would be an order. I'll make a motion to divide the question separating out number three

260
00:18:33,570 --> 00:18:36,690
All right, is there's not just that require a second pardon?

261
00:18:37,450 --> 00:18:42,090
I don't know if that even requires that's super seed mr. City turning. That's super seed

262
00:18:45,710 --> 00:18:53,550
Requires a second I beg a pardon. It does not require a second. It is not debatable

263
00:18:54,900 --> 00:18:58,000
at a majority vote is required.

264
00:19:00,400 --> 00:19:00,700
All right.

265
00:19:00,800 --> 00:19:02,740
We have a motion to divide the question.

266
00:19:03,780 --> 00:19:06,160
All in favor indicate by saying aye.

267
00:19:06,220 --> 00:19:06,700
All right.

268
00:19:07,680 --> 00:19:08,420
And the opposed.

269
00:19:12,070 --> 00:19:12,270
All right.

270
00:19:12,510 --> 00:19:17,470
So that motion to divide the question passes six one I believe.

271
00:19:18,030 --> 00:19:20,650
I heard that correctly with Ms. Mane voting nay.

272
00:19:23,040 --> 00:19:25,120
So now we have three separate questions.

273
00:19:25,120 --> 00:19:30,520
The first we would entertain is the gym floor replacement of approval.

274
00:19:30,800 --> 00:19:31,100
Second.

275
00:19:32,480 --> 00:19:34,960
Motion by Mr. Rogik, second by Ms. Meens.

276
00:19:35,460 --> 00:19:36,120
Any discussion?

277
00:19:37,160 --> 00:19:39,100
All in favor, indicate by saying aye.

278
00:19:39,740 --> 00:19:40,420
Any opposed?

279
00:19:41,020 --> 00:19:41,840
Any abstentions?

280
00:19:41,900 --> 00:19:43,260
Motion carries now.

281
00:19:43,440 --> 00:19:45,980
A motion to consider the additional pool seating.

282
00:19:47,100 --> 00:19:47,260
OK.

283
00:19:48,120 --> 00:19:50,560
Motion by Mr. Ruska, second by Mr. Rogik.

284
00:19:50,700 --> 00:19:51,460
Any discussion?

285
00:19:52,720 --> 00:19:54,420
All in favor, indicate by saying aye.

286
00:19:55,240 --> 00:20:01,380
Any opposed, any abstentions, motion carried, and now the motion to consider the North

287
00:20:01,380 --> 00:20:03,480
rank expansion of approval.

288
00:20:03,940 --> 00:20:09,120
Second, motion by Mr. Campion, second by Ms. Means, any discussion?

289
00:20:09,880 --> 00:20:16,180
I just say that I voted against the last expansion of funds for this one, so I'm in good

290
00:20:16,180 --> 00:20:16,440
faith.

291
00:20:16,760 --> 00:20:21,300
I've got to vote against continuing to escalate the cost of the project, so I this is

292
00:20:21,300 --> 00:20:24,340
on the other two are fairly well covered by remain contingency.

293
00:20:24,640 --> 00:20:28,840
But this one, I just, it's a little bit past the point for me.

294
00:20:28,840 --> 00:20:32,060
But I understand that the community will benefit some from this.

295
00:20:32,340 --> 00:20:34,260
All right. Mr. Builder back.

296
00:20:34,520 --> 00:20:37,880
I think the fact that the Part Board knows about it,

297
00:20:38,120 --> 00:20:40,520
the Part Group is once who brought this forward.

298
00:20:41,520 --> 00:20:44,400
It's using, many that have been put aside for them.

299
00:20:44,500 --> 00:20:48,420
And if they feel that this is going to maximize these maximized,

300
00:20:48,420 --> 00:20:53,540
use of that facility. That was our intent to make sure that our facilities could be used

301
00:20:53,540 --> 00:20:59,740
to the fullest. They are pitching in as well as making additional funds for this.

302
00:21:00,840 --> 00:21:02,440
So I will support it.

303
00:21:04,760 --> 00:21:08,200
All right. Anyone else? I'll call the question all those in favor,

304
00:21:08,400 --> 00:21:12,860
indicate by saying aye. Aye. Any opposed? Any extensions?

305
00:21:14,900 --> 00:21:16,040
So the motion carries?

306
00:21:16,040 --> 00:21:17,620
that's seven zero?

307
00:21:18,540 --> 00:21:19,620
As a little bit slow.

308
00:21:20,340 --> 00:21:20,780
Sorry.

309
00:21:21,240 --> 00:21:22,720
As a little slow, sorry six one.

310
00:21:23,100 --> 00:21:23,960
All right.

311
00:21:26,000 --> 00:21:26,400
All right.

312
00:21:26,760 --> 00:21:29,180
Moving on to Item D7, Special Events

313
00:21:29,180 --> 00:21:32,180
and Missalini's activities, Mr. Hickey, then Mr.

314
00:21:32,440 --> 00:21:32,880
Wardak.

315
00:21:33,860 --> 00:21:36,540
On the permits on here is for the youth hockey association

316
00:21:36,540 --> 00:21:38,820
and on the board of directors, so I'll be of standing.

317
00:21:40,420 --> 00:21:40,680
All right.

318
00:21:40,740 --> 00:21:41,200
Mr. Wardak.

319
00:21:41,400 --> 00:21:43,780
One of the events on here is dealing with me

320
00:21:43,780 --> 00:21:45,840
and I love myself, so I'll be re-cusing myself.

321
00:21:47,820 --> 00:21:59,000
All right, move approval. Seconds. Most members can't be in second by Mr. Bill to back. Any discussion? All in favor then, indicate by saying aye.

322
00:21:59,340 --> 00:22:02,400
Aye. Aye. Any opposed? Any abstention? Aye.

323
00:22:03,480 --> 00:22:07,780
Show the motion passing five two with Mr. Wojak and Mr. Hickey abstaining.

324
00:22:13,120 --> 00:22:18,660
All right, moving on to item D15, a ward of contract for Project J-7261,

325
00:22:18,660 --> 00:22:23,860
The two-manus reclamation and overlay for Riverview Heights drive northeast Mr. Woodjack.

326
00:22:25,500 --> 00:22:28,220
A couple questions for public work staff on this one.

327
00:22:28,740 --> 00:22:31,600
About how many properties are served by the by the roadway?

328
00:22:36,120 --> 00:22:38,560
I don't know the exact number. I think it's 20.

329
00:22:40,220 --> 00:22:43,740
This is a become a little bit more of a major capital project.

330
00:22:43,980 --> 00:22:45,800
Are we doing some assessments with this?

331
00:22:46,340 --> 00:22:49,880
We are not. It's more of a maintenance project.

332
00:22:49,880 --> 00:22:56,920
we had identified it in our capital improvement program and it's been there often on for a

333
00:22:56,920 --> 00:23:02,940
number of years actually. We have had some stormwater concerns and issues, the actual

334
00:23:02,940 --> 00:23:08,840
reclamation of this versus a million overlay allows us to change some of the pitch of the road

335
00:23:08,840 --> 00:23:16,380
so it slopes more interior towards the hillside allowing us to capture some of that water

336
00:23:16,380 --> 00:23:20,960
effectively take that stormwater down to the river. So that's part of the project.

337
00:23:21,300 --> 00:23:24,340
And that is that portion being paid for by stormwater funds.

338
00:23:25,820 --> 00:23:32,240
Then, you know, I'm the poll, which I don't have the exact split on what that's.

339
00:23:34,480 --> 00:23:41,740
I know that eventually we're getting a presentation on the status of capital maintenance of our infrastructure

340
00:23:41,740 --> 00:23:48,180
because we're a billion dollars built up pent-up liability, something like that 20 million

341
00:23:48,180 --> 00:23:49,000
a year is behind.

342
00:23:51,100 --> 00:23:55,980
And, you know, it's painful to keep spending this, you know, hundreds

343
00:23:55,980 --> 00:23:59,660
of thousands of millions at a time when we're so far in the hole and have no strategy

344
00:23:59,660 --> 00:24:06,520
to get out of it. So, I mean, it sounds like we have to do this. But I'm eagerly awaiting

345
00:24:06,520 --> 00:24:07,280
that presentation.

346
00:24:10,760 --> 00:24:11,120
Mr. Panpian.

347
00:24:11,120 --> 00:24:14,820
I had a quick question on this map, it looks like it's a, I think I've been up there.

348
00:24:14,940 --> 00:24:19,540
It's a large loop, is there any thought to, like, call the sacking this to reduce them on a

349
00:24:20,500 --> 00:24:26,240
paved surface or something like that, realigning this roadway, so we're not 50 years from now, I'm going to pay for more.

350
00:24:27,660 --> 00:24:31,440
That makes sense. This is a giant loop. I assume we'll take far less roadway if we just call the sacking.

351
00:24:31,440 --> 00:24:39,380
rather narrow, rural type of roadway, and we haven't looked at whether to end it in a

352
00:24:39,380 --> 00:24:41,560
cold-a-sac and make the rest of it privately.

353
00:24:41,680 --> 00:24:50,900
I think I was just too bad we can't agree. I mean, $200,000 in that adds up, I mean, $5,000

354
00:24:50,900 --> 00:24:54,160
or assessment or whatever we'll be looking at, so.

355
00:24:54,300 --> 00:24:55,980
No, it's some thoughts anyway.

356
00:24:57,680 --> 00:24:59,040
All right, anyone else?

357
00:25:00,240 --> 00:25:01,640
Otherwise, I'd entertain a motion.

358
00:25:02,940 --> 00:25:04,040
Move the crew.

359
00:25:05,200 --> 00:25:06,840
Motion by Mr. Hikki.

360
00:25:07,340 --> 00:25:07,580
OK.

361
00:25:08,280 --> 00:25:09,460
Second by Mr. Logic.

362
00:25:10,500 --> 00:25:11,420
Any further discussion?

363
00:25:13,120 --> 00:25:15,760
Hearing none, all those in favor, indicate by saying aye.

364
00:25:15,860 --> 00:25:16,380
All right.

365
00:25:16,480 --> 00:25:17,220
Any opposed?

366
00:25:18,040 --> 00:25:18,900
Any abstentions?

367
00:25:19,640 --> 00:25:20,300
Motion carries.

368
00:25:21,320 --> 00:25:28,100
Item D-16, Award of Contract for Project J-73-07, Construct South Broadway, Third Avenue

369
00:25:28,100 --> 00:25:30,660
Southeast Intersection Improvements, Mr. Warday.

370
00:25:31,400 --> 00:25:35,360
I just want to verify that all of the intersection improvements here are consistent with

371
00:25:35,360 --> 00:25:39,280
the, is not a detailed plan, but the overview of our Broadway plans for the future

372
00:25:39,280 --> 00:25:43,240
of the geometries and curb linements are correct for that.

373
00:25:44,940 --> 00:25:50,220
Yes, the construction of the Third Avenue intersection here will be consistent with

374
00:25:51,480 --> 00:25:55,960
section there. The rest of the project here, the alternate, it's one and two, or just resurfacing

375
00:25:55,960 --> 00:26:00,540
of the existing pavement. All right, I'll move approval.

376
00:26:02,280 --> 00:26:07,120
Second. Motion by Mr. Welljick. Second by Mr. Campion. Discussion, Mr. Ruska.

377
00:26:07,560 --> 00:26:15,340
I want to guess this is saying goodbye to the pedestrian bridge that I walked to Golden Hill when I was in elementary school.

378
00:26:15,860 --> 00:26:22,780
over Broadway, it was a cutting edge, big deal of avenue, and a good long enough to see it come down.

379
00:26:22,960 --> 00:26:28,700
So the bridge that's there is coming down, and that's kind of iconic, it's been there for probably since the,

380
00:26:28,700 --> 00:26:33,800
about 60s, early 60s. So, you were around, right, you're not.

381
00:26:35,300 --> 00:26:36,840
Do you have a place for lunch?

382
00:26:38,960 --> 00:26:40,460
Maybe I should quick call the crowd.

383
00:26:41,080 --> 00:26:44,240
A lot of people are going to see a different look to that later, now it'll be different.

384
00:26:44,240 --> 00:26:48,680
I mean, if it means a lot to you, I'm willing to have public works to pause it in your backyard

385
00:26:52,980 --> 00:26:54,180
Even better

386
00:26:54,180 --> 00:27:02,280
There you go anyway, anyway, and favor the project. All right anyone else? I'll call the question then all in favor indicate by saying aye

387
00:27:02,720 --> 00:27:11,440
Any pose and abstentions motion carried item d21 revocable permit for nice right Minnesota bike racks at peace plaza

388
00:27:11,800 --> 00:27:13,580
Mr. Build-A-Bak, then Mr. Ward-Jack.

389
00:27:14,100 --> 00:27:18,240
Yeah, I think last time we had quite a discussion about this and with the Council's permission,

390
00:27:18,740 --> 00:27:25,400
Kim's here, a director of the program, and she's on a lot of work, and I think it would be good for the council to hear what she's done.

391
00:27:26,200 --> 00:27:26,560
So, permission.

392
00:27:27,580 --> 00:27:28,040
Point of order.

393
00:27:28,040 --> 00:27:29,600
Point of order. These are the first staff.

394
00:27:29,700 --> 00:27:31,520
And you're correct for not discussing the peace positive?

395
00:27:31,720 --> 00:27:31,960
Right.

396
00:27:32,880 --> 00:27:33,820
Just trying to make sure.

397
00:27:34,240 --> 00:27:34,720
What's that?

398
00:27:34,760 --> 00:27:35,080
Thank you.

399
00:27:35,080 --> 00:27:36,280
on the first time.

400
00:27:36,280 --> 00:27:37,120
All these questions.

401
00:27:37,360 --> 00:27:37,540
It's nice.

402
00:27:37,720 --> 00:27:38,260
He's quite correct.

403
00:27:38,940 --> 00:27:41,340
First of all, I said peace.

404
00:27:41,540 --> 00:27:42,080
Plows in here.

405
00:27:43,220 --> 00:27:44,860
Mr. President, we're having an hard time hearing.

406
00:27:45,200 --> 00:27:46,740
Could people speak a little bit, please?

407
00:27:48,180 --> 00:27:49,180
It's a point of order.

408
00:27:49,360 --> 00:27:51,240
I just said it's not the peace pause.

409
00:27:51,480 --> 00:27:52,740
That's 519 first Avenue.

410
00:27:53,060 --> 00:27:53,760
It was just a car.

411
00:27:53,760 --> 00:27:55,920
The RCA should be changed to reflect the current.

412
00:27:56,500 --> 00:27:57,540
The RCA is correct.

413
00:27:57,820 --> 00:27:58,040
The RCA is correct.

414
00:27:59,500 --> 00:28:00,720
So you're early at the time.

415
00:28:00,720 --> 00:28:02,040
What do you have a different word?

416
00:28:03,140 --> 00:28:04,240
Now you've got me confused.

417
00:28:04,240 --> 00:28:06,240
I'm reading the description of the RCA.

418
00:28:07,760 --> 00:28:09,100
The updated the RCA.

419
00:28:09,700 --> 00:28:10,080
Okay.

420
00:28:10,400 --> 00:28:13,340
So now it's done at the call up.

421
00:28:13,700 --> 00:28:13,900
Okay.

422
00:28:14,280 --> 00:28:15,420
It's sort of like that.

423
00:28:15,800 --> 00:28:16,080
All right.

424
00:28:16,460 --> 00:28:18,260
First we're talking about the answer.

425
00:28:19,420 --> 00:28:19,620
All right.

426
00:28:19,760 --> 00:28:23,080
Now, Mr. Bill of Acts question about the.

427
00:28:23,080 --> 00:28:23,920
The Council.

428
00:28:24,220 --> 00:28:25,420
It's all right to have the Director.

429
00:28:26,360 --> 00:28:27,480
All right.

430
00:28:28,420 --> 00:28:29,580
I'm sorry about that.

431
00:28:29,720 --> 00:28:30,840
Would I have you confused?

432
00:28:35,980 --> 00:28:36,200
Okay.

433
00:28:36,520 --> 00:28:36,900
Yes.

434
00:28:36,900 --> 00:28:45,280
So, I'm here to request the permission for permits for the location that people's who

435
00:28:45,280 --> 00:28:53,840
have, the location at the peace plaza that came up in the last city council meeting.

436
00:28:54,640 --> 00:29:01,200
We have, we're in the process actually of moving one of those sections so that it is different

437
00:29:01,200 --> 00:29:06,460
locations so we took your advice to heart and also because of the fact that it's logistically

438
00:29:06,460 --> 00:29:12,000
It does get out a little bit into the pedestrian walkway, so we don't make sure that that's not an issue.

439
00:29:13,100 --> 00:29:21,240
We are definitely still open to your feedback as things go along, and we want to make sure that we're doing this in a smart way.

440
00:29:22,220 --> 00:29:30,600
And also, I just want to show you two that the types of bikers that we're attracting through this program too.

441
00:29:30,600 --> 00:29:38,660
Again, well, as part of the waiver, there are advised to absolutely not like on the sidewalks

442
00:29:38,660 --> 00:29:42,420
to walk it out to first avenue and then hop on there.

443
00:29:42,940 --> 00:29:46,780
Wait for the lights to change, of course, and then you take either right or left and good

444
00:29:46,780 --> 00:29:47,180
to go.

445
00:29:48,060 --> 00:29:51,160
So I think that's one of the differences.

446
00:29:51,880 --> 00:29:57,480
I did see some people this morning as I was walking in to work on the sidewalk, so it's about

447
00:29:57,480 --> 00:29:59,960
to wrangle them down, but I can't do that just yet.

448
00:30:00,000 --> 00:30:07,140
But I think this is definitely a whole other chair of responsibility and I'm really excited to get this launched.

449
00:30:07,860 --> 00:30:16,140
The second location at the people's food court, excuse me, is obviously further away from the downtown area.

450
00:30:16,880 --> 00:30:28,120
And it's flush against the building. It's ideal location. And again, for both sites we do will be involving customer service component as well.

451
00:30:28,120 --> 00:30:35,940
So we'll have our bicycle renters actually interact with humans, which is more than what we can say for all the poking man people out there right now.

452
00:30:36,380 --> 00:30:42,940
But I think this is a good step in the right direction. So I'm happy to entertain any other questions or thoughts.

453
00:30:43,600 --> 00:30:45,480
Mr. Bill, back did you have any specific questions?

454
00:30:46,120 --> 00:30:56,900
I did want Kim to, there were some discussion about having 20 card readers on the 519 first Avenue and just asked her to clear that up because there seems to be some misunderstanding.

455
00:30:57,440 --> 00:31:03,260
So for this first phase, we are, it's not the automated checkout system.

456
00:31:03,960 --> 00:31:07,420
We'd love to have that in the second, third year.

457
00:31:08,020 --> 00:31:08,640
They're very expensive.

458
00:31:08,780 --> 00:31:10,660
Those racks cost about $50,000.

459
00:31:11,540 --> 00:31:14,520
And they're the solar power, just to take a credit card and swipe it through.

460
00:31:15,600 --> 00:31:21,020
Our model is a little different in that it will require a customer service component, like I've mentioned.

461
00:31:21,020 --> 00:31:31,500
where bicycle ranchers will go inside, sign a waiver, take their credit card and swipe on a iPad with a square device,

462
00:31:32,000 --> 00:31:34,760
and they can run for one hour for hours for the day.

463
00:31:35,820 --> 00:31:38,660
So it's not automated, it's swathing system just yet.

464
00:31:39,260 --> 00:31:46,360
And also you said there would be a sign on the bike racks again informing people not to write on the sidewalks.

465
00:31:46,360 --> 00:31:49,300
That's our goal to do that.

466
00:31:49,480 --> 00:31:53,100
We want to really address this with executive team too.

467
00:31:53,560 --> 00:31:57,700
And I think that the way that we'll be promoting

468
00:31:58,300 --> 00:32:02,540
the responsible biking habits is really as part of the conversation

469
00:32:02,540 --> 00:32:03,680
when they run advice.

470
00:32:04,620 --> 00:32:07,400
Signs will be up if they really didn't want too much negativity

471
00:32:07,400 --> 00:32:08,720
with this.

472
00:32:08,900 --> 00:32:13,220
It's inherent expectation when we have our nice writers.

473
00:32:13,220 --> 00:32:18,320
I think it's a very different clientele as well that we're appealing to.

474
00:32:18,880 --> 00:32:25,700
So that's, we'll do everything we can to really promote, I think, on a larger scale to more

475
00:32:25,700 --> 00:32:26,760
response, we'll have it.

476
00:32:28,320 --> 00:32:30,100
Mr. Wood, you had some comments?

477
00:32:30,560 --> 00:32:33,280
I don't need more for staff.

478
00:32:36,560 --> 00:32:41,680
I'm not going to be bestowed assistant city attorney still but I had a concern with the

479
00:32:41,680 --> 00:32:48,960
language that was in the contract and I believe that pull up the contract here and reading

480
00:32:48,960 --> 00:32:57,020
the contract this is, it refers to a contract with people's food, people's food corporation

481
00:32:57,020 --> 00:33:01,100
and corporate are here and referred to as owner owns the real property adjacent location

482
00:33:01,100 --> 00:33:05,980
where the applicant would like to place the bike rack and bikes. I don't believe that that

483
00:33:05,980 --> 00:33:12,820
correct. I believe that the owner of the property is actually metropolitan marketplace LLC,

484
00:33:12,960 --> 00:33:18,320
and I think the contract should be with them, not people's food co-op. So I think that as a

485
00:33:18,320 --> 00:33:23,800
correction that we need to make, and I'm not 100% certain, but hey, I'm not the Assistant City Attorney.

486
00:33:26,200 --> 00:33:31,800
Are you referring to the revulccable permit in agreement? Yeah, yeah. And that's between the city

487
00:33:31,800 --> 00:33:36,300
in nice right Minnesota, right, but it refers to the owner in the contract.

488
00:33:36,620 --> 00:33:41,660
And so you're saying the referral to people's food co-op ink is inaccurate, yeah, I'm pretty

489
00:33:41,660 --> 00:33:42,640
sure that it's inaccurate.

490
00:33:45,740 --> 00:33:51,000
This is, we can still correct it if that's indeed the case, after the fact, we can approve

491
00:33:51,000 --> 00:33:56,200
this subject to a determination that the reference to people's food co-operation ink is accurate,

492
00:33:56,540 --> 00:34:02,480
and if not we'll make it clear that we'll change it so that the referral is accurate, but

493
00:34:02,480 --> 00:34:07,460
this is a contract isn't with that entity and so it's just an internal reference I need to be cleared up

494
00:34:07,460 --> 00:34:10,400
okay as long as we can as long as we can clear it up that's good I mean let's see

495
00:34:10,840 --> 00:34:14,640
yeah if we gave the building to the call-off I'm sure they'd be delighted with me but

496
00:34:14,640 --> 00:34:18,460
apparently we're not doing that but we're just referring to them as the winner of the JSON

497
00:34:18,460 --> 00:34:23,620
property all right I was going to say we were prepared to get permissions from the author signatures

498
00:34:24,280 --> 00:34:30,940
as it is a shared area so I've talked to both sides yeah I know there's a portal okay yeah

499
00:34:30,940 --> 00:34:35,080
Right, Mr. Camping that a question, okay.

500
00:34:36,100 --> 00:34:38,280
Any other comments, otherwise I'd entertain a motion.

501
00:34:38,420 --> 00:34:39,440
Move approval.

502
00:34:40,380 --> 00:34:42,940
Motion by Mr. Camping, second by Mr. Hikki.

503
00:34:43,300 --> 00:34:45,800
We assume that motion is to approve subject to a determination

504
00:34:45,800 --> 00:34:48,000
of the internal references accurate. If not,

505
00:34:48,120 --> 00:34:49,200
we'll change the internal reference.

506
00:34:49,640 --> 00:34:50,860
You may so, that's the vote.

507
00:34:51,060 --> 00:34:51,500
That's right.

508
00:34:52,660 --> 00:34:53,720
Any other comments?

509
00:34:53,960 --> 00:34:54,440
Mr. Ruskin.

510
00:34:54,620 --> 00:34:56,660
I'd like to thank you for taking some of our comments,

511
00:34:56,980 --> 00:34:58,640
and he's going to work on him instead of ignoring him.

512
00:34:59,260 --> 00:35:01,040
I really appreciate your time.

513
00:35:01,240 --> 00:35:02,060
Thank you so much.

514
00:35:02,500 --> 00:35:04,220
One comment I guess I had as I saw the amount

515
00:35:04,220 --> 00:35:06,340
renting the bike set casket like this week and

516
00:35:06,340 --> 00:35:07,520
they were very popular.

517
00:35:07,720 --> 00:35:09,540
I saw a lot of people that were taking

518
00:35:09,540 --> 00:35:11,720
around the loop and checking it out.

519
00:35:11,880 --> 00:35:12,620
Yeah, it was a big head.

520
00:35:12,920 --> 00:35:14,000
So we're really proud of that.

521
00:35:14,060 --> 00:35:16,080
Awesome to have you out in the community kind of showing

522
00:35:16,080 --> 00:35:18,200
people those trails and getting out on bike.

523
00:35:18,480 --> 00:35:18,940
So we should.

524
00:35:19,000 --> 00:35:19,820
Thank you for the comment.

525
00:35:20,580 --> 00:35:21,500
Thank you.

526
00:35:21,620 --> 00:35:23,700
I will call the question then all those in favor

527
00:35:23,700 --> 00:35:25,040
indicate by saying aye.

528
00:35:25,640 --> 00:35:26,400
Any opposed?

529
00:35:26,760 --> 00:35:27,400
Any extensions?

530
00:35:27,400 --> 00:35:33,600
motion carries. That concludes our consent agenda. Moving on to reports and recommendations.

531
00:35:34,180 --> 00:35:42,380
Item E1 is amendment to incentive development, R2-014-0404, CUP, otherwise known as the

532
00:35:42,380 --> 00:35:50,200
Nicholas Apartments. We've received some memorandums and emails and so forth on this subject.

533
00:35:50,600 --> 00:35:57,060
So I will open it up for comments or questions from the Council or further comments from

534
00:35:57,060 --> 00:36:00,640
staff, where would you like to go with this, Mr. Wojak?

535
00:36:01,700 --> 00:36:05,100
I want to, before I get my other comments, I'll say I say big picture.

536
00:36:05,240 --> 00:36:07,640
I mean, the building is not a, it's not a bad looking building.

537
00:36:07,820 --> 00:36:13,040
It's a good looking building at, I think, folks acknowledge that, you know, and I think

538
00:36:13,040 --> 00:36:18,660
that Wade and team did a good job with the architecture, and you know, I've seen some real

539
00:36:18,660 --> 00:36:21,740
lemons in this community, and that's not one of them.

540
00:36:21,740 --> 00:36:29,940
I'm a little bit concerned. It was there. Was this information communicated to the neighborhood association at all?

541
00:36:33,100 --> 00:36:34,080
Not through our channels.

542
00:36:34,920 --> 00:36:36,960
Yeah, that's a little bit of my concern.

543
00:36:38,940 --> 00:36:45,220
So the neighborhood, there's been a number of issues with the project and they've been involved.

544
00:36:45,540 --> 00:36:49,120
And I do appreciate Randy Clemento and a real nice job.

545
00:36:49,120 --> 00:37:05,000
I've asked him to investigate a number of properties where it appears that substantial changes were made relative to what was approved, and this is one of those properties, and he did in fact confirm that there was substantial changes between what was approved by the city council and what was actually built.

546
00:37:06,960 --> 00:37:10,840
We're not going to make them tear down on the building at this point and put up a new building.

547
00:37:12,120 --> 00:37:19,720
But it doesn't mean that we shouldn't make sure that the agreed parties are potentially getting,

548
00:37:19,720 --> 00:37:25,560
you know, some fair exchanges in this because there are some significant cost savings relative to what we approved,

549
00:37:26,120 --> 00:37:32,560
that when in there, my bigger concern overall is just the fact that, you know, with the process that went through such a public process,

550
00:37:32,560 --> 00:37:38,140
these changes would we just get a memo and another neighbors would be notified that we're

551
00:37:38,140 --> 00:37:43,880
just going to bless a bunch of changes, the violated what we approved, and so my preference

552
00:37:43,880 --> 00:37:49,940
would be to table it and take it up after the association has had more of a chance to

553
00:37:49,940 --> 00:37:53,600
comment and I did share the information with them and I actually got back some comments that

554
00:37:53,600 --> 00:37:59,180
they found at least one other item that appears to have been different between the site plan

555
00:37:59,180 --> 00:38:01,000
that was approved and what was actually built

556
00:38:01,000 --> 00:38:04,680
having to do with the quantity of lighting at night

557
00:38:04,680 --> 00:38:06,000
that was installed.

558
00:38:06,520 --> 00:38:10,260
It sounds like a noticeable change to the neighborhood to me.

559
00:38:11,520 --> 00:38:15,540
So the neighborhood hasn't even had a chance to really weigh in

560
00:38:15,540 --> 00:38:18,380
on whether all these changes are even covered in the memo.

561
00:38:18,840 --> 00:38:21,260
And then I think there's a bigger integrity question here

562
00:38:21,260 --> 00:38:23,680
about are we going to really, is that really what we're going

563
00:38:23,680 --> 00:38:26,960
to do we're going to approve an incentive development

564
00:38:26,960 --> 00:38:32,580
and, you know, it's not doing this building anymore, but have, say, here are the rules, here's

565
00:38:32,580 --> 00:38:37,740
what you must build. And then when that doesn't get built, we're going to get a letter sent

566
00:38:37,740 --> 00:38:43,120
to us, and we're just going to bless all the changes. I mean, that'll teach the next person.

567
00:38:44,300 --> 00:38:49,240
So, I wish, you know, I think that if there were some things that were changed, the value

568
00:38:49,240 --> 00:38:54,340
maybe we should take a look at that, but certainly I think that I would, I think the neighborhood

569
00:38:54,340 --> 00:38:59,280
and the parties that were involved with this should have a chance to weigh in and view these materials as well.

570
00:38:59,560 --> 00:39:05,960
So I'm a little bit concerned about moving forward, but I do want to not lose sight of the big picture that's pretty good looking building.

571
00:39:07,100 --> 00:39:07,700
Mr. Campion.

572
00:39:08,660 --> 00:39:16,620
Staff kind of commented that there was someone's certainty about whether or not these have been approved over the counter as those sorts of changes.

573
00:39:16,880 --> 00:39:19,500
Can we just get some clarity about whether or not that happened?

574
00:39:20,120 --> 00:39:21,340
Let me give you a little background.

575
00:39:22,480 --> 00:39:28,100
on this typically when there would be an incentive or restricted development in any other

576
00:39:28,100 --> 00:39:35,540
conditional use permit. Section 61148 allows staff to make minor changes. If it's not included

577
00:39:35,540 --> 00:39:40,580
in one of the minor changes, it goes back through the same public process that the development

578
00:39:40,580 --> 00:39:44,580
approval went through. So for a incentive development or a restricted development to be the

579
00:39:44,580 --> 00:39:49,580
three phase three process that it would go through would come back here.

580
00:39:50,780 --> 00:39:58,520
On several of these projects, there's the condition that says that any changes have to come back for council for their consideration approval.

581
00:39:59,360 --> 00:40:04,220
That's why it's not part of our, it's not part of the land development manual, that's why it's not a public hearing.

582
00:40:04,620 --> 00:40:14,140
That's why we don't send out the notifications and that's why the neighborhood, the development information on meeting and all those things don't apply to the criteria tonight.

583
00:40:14,140 --> 00:40:23,880
As far as specifically as this one, there was some examination by our staff and Randy went out there that what they built did match with building safety had.

584
00:40:24,120 --> 00:40:29,800
What building safety had approved was not the same as the last draft that we had now.

585
00:40:30,060 --> 00:40:34,240
Is it possible how that happened? We're looking into that.

586
00:40:34,840 --> 00:40:44,120
We're continuing to build systems but a lot of these projects changes sometimes happened on the fly and they go through the process and don't always think about

587
00:40:44,120 --> 00:40:47,820
what the fact that this is kind of a special project that has that condition?

588
00:40:50,120 --> 00:40:50,800
Mr. Camping.

589
00:40:51,000 --> 00:40:55,860
So my follow-up on this is, okay, let's set aside the actual outcome here.

590
00:40:56,040 --> 00:41:01,160
There seems to be a process problem and what are we going to do to fix the process problems?

591
00:41:01,180 --> 00:41:05,820
It sounds like there's not opportunity here where building a safety goes out and that's something I guess

592
00:41:05,820 --> 00:41:10,940
an incorrect diagram that they believe is correct that you believe now is incorrect.

593
00:41:11,860 --> 00:41:12,760
What's the fix?

594
00:41:13,280 --> 00:41:20,700
Well, this is the developer's responsibility, the applicant's responsibility to bring those to our attention as we go through to make sure that they come to us for approval.

595
00:41:21,240 --> 00:41:24,780
I think as we move forward, we're continuing to work with Randy and the building safety staff.

596
00:41:25,940 --> 00:41:31,660
We're continuing to enhance those relationships because these aren't things that happen every day.

597
00:41:32,180 --> 00:41:39,260
It's not like we have had hundreds of these that have come through, but as we move forward, we're continuing to flag these.

598
00:41:39,260 --> 00:41:42,160
And as our staff notices that they're coming back in,

599
00:41:42,220 --> 00:41:44,260
we're looking at them a lot more, very closely.

600
00:41:44,980 --> 00:41:48,160
And the close-o look here, just to make sure I'm fully

601
00:41:48,160 --> 00:41:49,180
understanding what you're saying.

602
00:41:49,820 --> 00:41:52,500
We believe that building and safety correctly

603
00:41:52,500 --> 00:41:55,360
vetted this against the document that they had at the time.

604
00:41:55,700 --> 00:41:57,740
You guys correctly reviewed this against the document.

605
00:41:58,000 --> 00:42:00,320
You had it at the time you did your review.

606
00:42:00,640 --> 00:42:02,560
The applicant is responsible for ensuring

607
00:42:02,560 --> 00:42:04,200
that those documents are the same.

608
00:42:05,120 --> 00:42:07,220
Yeah, and I don't know where.

609
00:42:07,220 --> 00:42:12,160
frankly we don't know if had this gotten to planning we wouldn't have been able to sign

610
00:42:12,160 --> 00:42:15,940
off on it because it would have been different so that's where we're just trying to

611
00:42:15,940 --> 00:42:19,300
figure out what happened on this one but we're trying to create systems where it

612
00:42:19,300 --> 00:42:25,320
doesn't happen again it's also why we have our zoning and enforcement staff go

613
00:42:25,320 --> 00:42:30,260
out there and look at these as they're being built but it's a tedious task and it

614
00:42:30,260 --> 00:42:33,720
is something that's difficult and sometimes these change in the fly whether it's a

615
00:42:33,720 --> 00:42:37,060
building thing whether it's in architecture thing whether it's a general contract or

616
00:42:37,540 --> 00:42:44,040
not everybody knows all of the steps on the app kind of the developer side also to say,

617
00:42:44,340 --> 00:42:48,780
oh, I better make sure that the planning to part. This is something different on whether it's landscaping

618
00:42:48,780 --> 00:42:54,540
or building or whatever it might be you're almost getting to what I want to hear, which is we're going to fix this

619
00:42:54,540 --> 00:42:59,040
and send them out to the council like swings how we fix that. Which feels absolutely perfect.

620
00:42:59,480 --> 00:43:06,040
Because this is the sort of problem that we have that is avoidable and I don't like just leaving a voidable

621
00:43:06,040 --> 00:43:11,480
problems out there, because sometimes we say, so I see our assistant city administrators here

622
00:43:11,480 --> 00:43:15,080
and maybe he can drive this to some sort of memo for the councils that we can understand

623
00:43:15,080 --> 00:43:18,760
what's being done to fix this, getting a nodded of agreeable.

624
00:43:19,140 --> 00:43:19,400
All right.

625
00:43:19,640 --> 00:43:23,580
I have Mr. Ruska, and then Mr. Bill the back, and I will point out that the applicant's

626
00:43:23,580 --> 00:43:27,480
representative is here if we have specific questions along those lines.

627
00:43:27,540 --> 00:43:28,080
Mr. Ruska.

628
00:43:28,640 --> 00:43:33,540
Well, then May 3rd, I joined this group, because we were going to have a meeting, there

629
00:43:33,540 --> 00:43:37,760
going to be I think more than one council member there. I showed up with planning and zoning

630
00:43:37,760 --> 00:43:44,100
was there. Brent was there. Randy was there and there was thoroughly some confusion on which

631
00:43:44,100 --> 00:43:47,880
copy they were using. There were things that were edited and written on there. They weren't sure

632
00:43:47,880 --> 00:43:53,320
who had written it and had been approved. And some of the things actually came from staff that said

633
00:43:53,320 --> 00:43:59,040
you need to change. Staff was telling the developer to change. So it's not a perfect system. It

634
00:43:59,040 --> 00:44:03,060
looked like there was good intentions across the board with everybody. We went to several

635
00:44:03,060 --> 00:44:08,080
facilities and none of them are exactly perfect but they were pretty darn good and there

636
00:44:08,080 --> 00:44:12,600
was there was an indecision on why they were changed and who okay and who should have

637
00:44:12,600 --> 00:44:19,100
had the final okay and was it we're gonna kind of generate from so I think that there is room

638
00:44:19,100 --> 00:44:24,880
as Nick says there's room for improvement on this and I think staffs will wear that but I think

639
00:44:24,880 --> 00:44:29,460
that overall everybody tried to do the right thing on this and it was just a couple little

640
00:44:29,460 --> 00:44:34,140
And when you show, well, this copy says this and this copy says this, which copy is the copy, we're supposed to go by.

641
00:44:34,700 --> 00:44:37,940
That's where we have a few problems that I don't know how it's easy to resolve at this point.

642
00:44:38,920 --> 00:44:41,560
So it was an interesting exercise.

643
00:44:41,800 --> 00:44:46,720
And just a point out, I think staff found between that examination.

644
00:44:47,040 --> 00:44:55,340
Now, I think we found five or six different things that were not originally part of this RCA that we wanted to make sure we're brought to your attention tonight.

645
00:44:55,340 --> 00:44:57,880
So we are looking over these with the fine tooth comb.

646
00:44:58,260 --> 00:44:59,660
Do we want to enhance how we do this?

647
00:45:00,000 --> 00:45:13,540
But we do look closely at this and when we see something when the project has these conditions associated with them, we will be bringing them to your attention. In fact, there are several of these that you'll be seeing here in the next six weeks or so.

648
00:45:13,540 --> 00:45:18,380
And it was that staff could have made some of those recommendations for those adjustments, correct?

649
00:45:18,640 --> 00:45:22,640
I mean different departments and that that maybe as we came up with that day.

650
00:45:22,700 --> 00:45:26,920
Some of these things were staff had told them to change the location or something that nature.

651
00:45:27,560 --> 00:45:28,500
That could be correct.

652
00:45:28,840 --> 00:45:29,160
Okay.

653
00:45:29,600 --> 00:45:29,800
Okay.

654
00:45:30,020 --> 00:45:30,520
Thank you.

655
00:45:30,560 --> 00:45:30,960
All right.

656
00:45:31,100 --> 00:45:31,800
Mr. Billabak.

657
00:45:32,560 --> 00:45:38,560
Dave Mark, can you help me understand what a major change is versus a minor change?

658
00:45:39,100 --> 00:45:43,240
And then of the eight that we have are these all considered major changes?

659
00:45:43,980 --> 00:45:58,180
If you were to look at Section 61148, which actually outlines what is a minor change, those are the staff authorized changes to approve conditional use permits which in 7 and restricted developments are.

660
00:45:58,420 --> 00:46:08,560
It outlines it as basically anything that does not change the number of residential units that has less than a 10% increase or decrease in the floor area ratio.

661
00:46:09,840 --> 00:46:16,720
that doesn't have to create any potential pedestrian or vehicular problems, doesn't impact

662
00:46:16,720 --> 00:46:21,400
public facilities and utilities and doesn't reduce the number of lost street parking.

663
00:46:22,280 --> 00:46:27,960
So if it meets all of those criteria, those are changes that under normal circumstances

664
00:46:27,960 --> 00:46:29,960
staff can improve internally.

665
00:46:30,420 --> 00:46:35,440
If it does not meet, so if you had 100 units and someone came back and wanted to do 140,

666
00:46:36,420 --> 00:46:39,060
that would not be considered a major change.

667
00:46:39,060 --> 00:46:43,480
The things that we're talking about tonight, typically, all of them would be minor changes

668
00:46:43,480 --> 00:46:46,760
that staff would evaluate and be able to approve in house.

669
00:46:47,380 --> 00:46:47,740
Thank you.

670
00:46:48,440 --> 00:46:48,840
That's real good.

671
00:46:49,660 --> 00:46:54,360
So, it is just to be clear, if we took this building and the developer instead of putting

672
00:46:54,360 --> 00:46:58,240
brick on it covered it with vinyl siding, that is something the staff can approve.

673
00:46:59,660 --> 00:47:03,280
We have to, I don't know if I'd want to sit right now, it's difficult to look at it without

674
00:47:03,280 --> 00:47:03,620
height.

675
00:47:03,680 --> 00:47:08,540
I don't want to answer a hypothetical question, I think that we have these in here.

676
00:47:08,540 --> 00:47:12,500
If you'd like to make changes to them, certainly, that's your prerogative and I'd encourage

677
00:47:12,500 --> 00:47:17,180
you to look at that because I'm a lot of these that is a time-consuming process.

678
00:47:17,180 --> 00:47:22,100
You take this really, really big problem with developers selling us one thing and building

679
00:47:22,100 --> 00:47:22,520
another.

680
00:47:23,160 --> 00:47:27,000
So we put this thing and you have to build what you show us, and now we're saying, well,

681
00:47:27,120 --> 00:47:27,860
actually, no, not really.

682
00:47:28,320 --> 00:47:33,180
And I understand that internally, maybe some of our processes are weak, but we have a preliminary

683
00:47:33,180 --> 00:47:39,240
and a final plan, and the final plan we say we will build that, and what was submitted

684
00:47:39,240 --> 00:47:43,880
to our building safety, were plans that were never presented to the city council.

685
00:47:44,320 --> 00:47:46,120
We may have our own internal issues here.

686
00:47:46,740 --> 00:47:47,840
That's not our issue.

687
00:47:47,900 --> 00:47:50,160
That is the development team that's squarely on them.

688
00:47:51,980 --> 00:48:00,020
The fact that there are still items in here that probably are not covered by this memo, does that mean it comes back again

689
00:48:00,020 --> 00:48:29,980
When we find something else, I mean, I assume it does based on what I'm hearing, and then finally we need to be looking at these on a case by case basis because the I checked with an insurance agent today in this this comment that oh yeah, we poured concrete for this walkway instead of putting in pavers because the insurance company needed it I asked my insurance company can you put pavers up to a front door on a commercial multifamily building no problem well according to this memo the insurance company saying they can't do it and it's something that you know

690
00:48:29,980 --> 00:48:36,580
cheapens up the project and I so my preference would be give give people a chance to react

691
00:48:36,580 --> 00:48:42,220
to this stuff because there's a lot of changes here but we need to put the blame

692
00:48:42,220 --> 00:48:47,380
squarely where it is that what was submitted to the building safety group is not what was

693
00:48:47,380 --> 00:48:52,900
submitted to the city council and in theory our whole idea behind putting the you know the

694
00:48:52,900 --> 00:48:57,520
clause on there was to prevent this from happening again and again and here we are with another

695
00:48:57,520 --> 00:49:03,840
doesn't change us. And at what point do we get serious about enforcing the standards that

696
00:49:03,840 --> 00:49:10,140
we have right here? We can't just keep slapping risks or having people write a memo

697
00:49:10,140 --> 00:49:13,580
to locate and expect that the next person is going to be serious about actually making sure

698
00:49:13,580 --> 00:49:17,840
their final plans, the middle are what they're actually going to build.

699
00:49:18,920 --> 00:49:25,040
Mr. Newman, if you do continue this, we'll get you some information and bring it back to you.

700
00:49:25,040 --> 00:49:31,120
thing filled at the concept of major and minor is something that is practical and is probably

701
00:49:31,640 --> 00:49:34,020
something that I would think we're likely to recommend.

702
00:49:35,360 --> 00:49:40,220
For something that's fairly small, I mean, your example of vinyl versus brick is obviously

703
00:49:40,220 --> 00:49:48,420
not my mind of a minor change, but there's certain lesser things that I don't think you

704
00:49:48,420 --> 00:49:54,080
want the contractor to have to wait, or the building owner two weeks to come to a council meeting

705
00:49:54,080 --> 00:49:57,800
decide some really little things and I think you had a few things that have been somewhat

706
00:49:57,800 --> 00:50:02,580
little that have come back here so you know we'll get you some information and you'll

707
00:50:02,580 --> 00:50:06,960
have to make a decision but I think the concept for having something major and minor in

708
00:50:06,960 --> 00:50:12,440
there probably made some sense unless you want I mean sometimes things change on side

709
00:50:12,440 --> 00:50:18,320
you build houses and all that so that's my true sense we're done with it let me ask

710
00:50:18,320 --> 00:50:23,580
that I mean in this case entire what entire size of the building had all of the windows

711
00:50:23,580 --> 00:50:29,180
to remove major or minor change in your opinion to me that's a major change and that's and that's what I that's what I'm getting

712
00:50:29,180 --> 00:50:39,480
I hear and it I'd say changing papers. Well, you know, and if there's there's a reason for it. So two reasons I'd want to continue and again

713
00:50:39,480 --> 00:50:43,640
I it's not to have them rebuild the building. It is what it is. It's not going to change

714
00:50:43,640 --> 00:50:49,680
But I want to set a precedent that there's going to be some review and some scrutiny over this and I also want to some of the comments

715
00:50:49,680 --> 00:50:51,940
I've gotten about additional changes that have been made.

716
00:50:52,500 --> 00:50:56,960
Let's do this once instead of doing it twice, because there are some things with the lighting

717
00:50:56,960 --> 00:51:00,700
and I think some other landscape comments that I got that have changed as well, that

718
00:51:00,700 --> 00:51:02,060
are not covered by this memo.

719
00:51:03,620 --> 00:51:04,300
Just can't be him.

720
00:51:04,820 --> 00:51:10,440
So, one other thing, and I don't pretend to have the same staff to responsibility for this,

721
00:51:10,440 --> 00:51:13,820
because I think it's been made pretty clear that it's the responsibility that Apple

722
00:51:13,820 --> 00:51:16,600
can make sure everyone has the correct information when they're doing the review.

723
00:51:17,200 --> 00:51:31,860
But one other thing I'm kind of hearing, I think Council Member Ruskin brought it up was who said this was a, you know, our staff was at this department or that department and who's saying what, who's the most familiar with a seller here.

724
00:51:32,080 --> 00:51:35,100
And someone raised a hand that might want to talk to me about it.

725
00:51:35,340 --> 00:51:46,060
Because one of the things I want to know is should we be driving all comments through a seller so that we have a paper trail of who is saying what about these projects?

726
00:51:46,060 --> 00:51:55,900
because it's really, this is beyond the panel that we're having a discussion that comes down to finger pointing about who said what modern technology allows us to track this stuff.

727
00:51:56,780 --> 00:52:09,920
So I'm just wondering if that's something maybe we can take back to have a little bit of commentary on because I do see it as a problem here that we can't tell who told them to make these changes or if they were told to make these changes.

728
00:52:10,100 --> 00:52:14,660
It should be something as easy as going back to look at a record and say they were never told that.

729
00:52:14,660 --> 00:52:18,960
there's nothing in our system and then if we start running by that policy, the development

730
00:52:18,960 --> 00:52:23,020
community, or I'm pointing to the audience, but the development community of all of Rochester

731
00:52:23,020 --> 00:52:27,980
will know unless I get it in that a cell of document, it's not what they're going to look for.

732
00:52:28,520 --> 00:52:33,620
I would like to give that marching order someone who is the best person city administration.

733
00:52:33,920 --> 00:52:34,440
Thank you.

734
00:52:34,760 --> 00:52:37,040
I think we'll bring back some comments on that as well.

735
00:52:37,140 --> 00:52:42,540
I don't know how practical that is, I don't want to just be like it's hard to enter that.

736
00:52:42,540 --> 00:52:46,480
Just if being hard to do isn't good enough, I like if if there's not a

737
00:52:46,480 --> 00:52:50,780
complaint reason not to track every entry that's made about these never email stop

738
00:52:50,780 --> 00:52:55,440
reporting an email start putting into a running document really that fixes a

739
00:52:55,440 --> 00:52:58,720
lot of our problems up here as people that are supposed to govern this and get

740
00:52:58,720 --> 00:53:02,460
up to date fast on a development if I can go look over the history of every

741
00:53:02,460 --> 00:53:07,400
exchange between our staff and the developer you know voila things start

742
00:53:07,400 --> 00:53:11,360
I start getting the full picture instead of half this way, half that way.

743
00:53:12,060 --> 00:53:14,420
So, I appreciate you pulling this to take it on.

744
00:53:14,660 --> 00:53:16,340
I hope that I would have support from the rest of the council.

745
00:53:16,500 --> 00:53:16,920
I'll push this.

746
00:53:17,380 --> 00:53:20,700
But it is something that we do need to have a solid answer for.

747
00:53:21,220 --> 00:53:21,940
Well, we'll get you an answer.

748
00:53:22,240 --> 00:53:23,620
I'm not sure all their departments will say,

749
00:53:23,860 --> 00:53:25,900
and they're going to be able to put everything in Excel.

750
00:53:26,260 --> 00:53:27,980
So, we'll check with you.

751
00:53:28,420 --> 00:53:29,980
We can be related to this 20 years ago.

752
00:53:30,560 --> 00:53:32,100
We can take a class and we can do it.

753
00:53:35,110 --> 00:53:35,230
All right.

754
00:53:35,950 --> 00:53:39,490
I would agree that with our continued implementation of technology,

755
00:53:39,490 --> 00:53:45,270
It'll probably present opportunities to better document and provide that sort of audit trail.

756
00:53:46,130 --> 00:53:50,370
I don't, I also don't want to decide of the fact that sometimes in the construction industry,

757
00:53:50,890 --> 00:53:55,150
you know, things will happen in the field in a construction project we've been involved in.

758
00:53:55,310 --> 00:54:00,690
Sometimes you do make some changes in the field. Certainly not major, but, you know,

759
00:54:00,770 --> 00:54:05,590
so I think there's some, some allowance there for good judgment,

760
00:54:05,590 --> 00:54:15,830
But I do agree with you that we I think are having the opportunity using the technology we're implementing to better track some of the changes other comments

761
00:54:17,450 --> 00:54:23,050
I was gonna stuff what about that garbage enclosure stuff is that actually done the way that it was supposed to

762
00:54:23,050 --> 00:54:28,050
That was another comment that I had because it's not mentioned in the memos at all, and I think there were some it was either

763
00:54:28,050 --> 00:54:30,150
Herbage utility enclosures that were

764
00:54:31,330 --> 00:54:31,810
Modified

765
00:54:34,790 --> 00:54:38,270
I'm gonna like Greg Johnson and answer that question. He's the staff person

766
00:54:38,270 --> 00:54:46,470
look at that site. If that was something that was noticed as you evaluated it. The enclosures

767
00:54:46,470 --> 00:54:54,330
surrounding the utility, the bank of utility. That was the main enclosures I can think

768
00:54:54,330 --> 00:54:59,910
of that was that seemed to be added after the approved that was different from the approved

769
00:54:59,910 --> 00:55:05,390
runs that we had. It was also a portion of a fence that in the memo that was added around

770
00:55:05,390 --> 00:55:12,350
the rain garden. I can't picture anything with a trash or garbage enclosure that was different

771
00:55:12,350 --> 00:55:13,610
from the approved drawings.

772
00:55:18,920 --> 00:55:19,900
All right, Mr. Rochka?

773
00:55:20,700 --> 00:55:25,860
Well, I think Michael said it, right. This is a nice building. When I was there, I was impressed

774
00:55:25,860 --> 00:55:31,120
with it. There are some modifications. It looks like some minor changes. You look at a fence

775
00:55:31,120 --> 00:55:34,760
with this all around the rain garden along portion of the east property line until he boxes

776
00:55:34,760 --> 00:55:39,820
a place in the south side of the rear yard. You know, I don't look at him as major changes

777
00:55:39,820 --> 00:55:46,000
you can talk about a paper versus a cement slab and what's right, several of the slabs removed in a paper.

778
00:55:46,000 --> 00:55:48,420
Papers were put in, one was left remaining.

779
00:55:49,140 --> 00:55:55,140
So I guess at this point I'd like to approve the changes and put the 12 conditionist staff as recommended for the applicant.

780
00:55:55,360 --> 00:56:00,620
She'll submit two sets of full-sized drawings reflecting the approved changes to the building and site design.

781
00:56:01,360 --> 00:56:02,920
So that would be my motion at this point.

782
00:56:04,500 --> 00:56:04,980
All right.

783
00:56:04,980 --> 00:56:08,860
We have a motion by Mr. Ruska second by Mr. Hikki.

784
00:56:09,300 --> 00:56:09,760
Move table.

785
00:56:12,190 --> 00:56:13,050
Is there a second?

786
00:56:15,190 --> 00:56:15,910
Is there a second?

787
00:56:16,230 --> 00:56:16,390
I'm sorry?

788
00:56:18,870 --> 00:56:22,430
Motion to table by Mr. Logic second by Mr. Campion.

789
00:56:23,330 --> 00:56:25,310
We're going to be reviewing these again anyway,

790
00:56:26,110 --> 00:56:28,530
because there's more changes that are not covered in these mammals.

791
00:56:29,170 --> 00:56:32,070
And so I'm quite happy taking it all at the same time.

792
00:56:34,540 --> 00:56:35,120
Thank you, Campion.

793
00:56:36,980 --> 00:56:45,120
I deal as though we would be remiss to approve a change without having some sort of policy

794
00:56:45,120 --> 00:56:48,980
decision to go with it about how we're going to handle these going forward.

795
00:56:50,440 --> 00:56:54,920
You know, we already saw this kind of minor versus major change discussion.

796
00:56:55,740 --> 00:57:00,320
And it's really concerning to me that we would potentially accept something with a condition.

797
00:57:00,320 --> 00:57:06,500
that says you then have to give us the document that we should have had probably before we pass

798
00:57:06,500 --> 00:57:14,480
this, that was kind of a, so we'll not be to that horse, but I will support the day.

799
00:57:16,100 --> 00:57:22,460
Just for us, I guess I was in favor of us looking at trying to figure a better system out

800
00:57:22,460 --> 00:57:28,600
and, you know, but the buildings built and the things are done and so I guess I don't know what,

801
00:57:28,600 --> 00:57:35,380
If we have a few other changes, I don't know. I haven't heard a lot about it. Maybe there are a few more come in. I don't know, but these seem

802
00:57:36,540 --> 00:57:48,120
Like they're down here, they're reasonable. They're done. I'd like to see it's moving to some process that that cleans this up and I think staffs will wear that and I think we will see some action in that direction

803
00:57:49,260 --> 00:57:50,620
All right, what else?

804
00:57:51,960 --> 00:57:52,140
So

805
00:57:53,100 --> 00:57:59,520
I've been on this for eight years and we've been trying to get developers to build what they say they're going to build and any years later

806
00:57:59,520 --> 00:58:07,920
We're talking we're going to fix this process. We're going to fix this process. Well, you know, some of these changes are minor other parts. They took all the windows off the side of a building

807
00:58:08,800 --> 00:58:09,700
That's not minor

808
00:58:10,160 --> 00:58:15,420
You know, they do things like putting in a fence along the ring garden probably not a big deal, but should they have put in a nice fence?

809
00:58:16,120 --> 00:58:16,480
Probably

810
00:58:17,200 --> 00:58:20,720
You know, he moved utility box. It should they have done something to screen it probably

811
00:58:20,720 --> 00:58:27,860
It doesn't have to be a B.O. and all, but, you know, they promise papers and they're delivering

812
00:58:27,860 --> 00:58:32,680
papers. Why in God's name are we letting that happen? This is a good building. I'm not

813
00:58:32,680 --> 00:58:37,160
going to, that's not the issue here. The issue is, you know, the integrity of how we're upholding

814
00:58:37,160 --> 00:58:42,580
the processes that we promised to these neighborhoods. And I don't think just, you know, signing

815
00:58:42,580 --> 00:58:47,860
these blank checks is model integrity for the city council. Now, we're not going to tear down the building.

816
00:58:47,860 --> 00:58:52,280
There's not going to be major changes, but what can be fixed and can be resolved.

817
00:58:52,560 --> 00:58:56,220
We should get resolved and, you know, the building's going to go ahead.

818
00:58:56,400 --> 00:59:03,660
It's already got occupancy and we'll get it, we'll get it worked out, but I want to make sure we get everything that we can get delivered for the neighborhood delivered.

819
00:59:04,120 --> 00:59:05,500
And we're not doing that yet.

820
00:59:07,180 --> 00:59:13,160
All right, motion on the floors to table, I'll call that question, all in favor, indicate by saying aye.

821
00:59:13,520 --> 00:59:13,600
Aye.

822
00:59:14,040 --> 00:59:14,740
Any opposed?

823
00:59:15,260 --> 00:59:15,440
Aye.

824
00:59:16,680 --> 00:59:19,940
Okay, could you sit in Mr. City Clerk could you do a roll call please

825
00:59:21,540 --> 00:59:22,700
Councilor Bill the rack.

826
00:59:23,120 --> 00:59:24,660
Councilor Campion.

827
00:59:26,900 --> 00:59:27,940
Councilor Hikki.

828
00:59:29,220 --> 00:59:29,800
Councilor Maraska.

829
00:59:31,300 --> 00:59:32,040
Councilor Means.

830
00:59:33,620 --> 00:59:34,180
Councilor Vodrig.

831
00:59:35,300 --> 00:59:36,600
Councilor President of Staver.

832
00:59:37,880 --> 00:59:40,160
So the motion fails two to five.

833
00:59:41,180 --> 00:59:42,860
So we're back to my original motion there.

834
00:59:43,420 --> 00:59:45,420
Yeah, I'm going to move to the next.

835
00:59:45,420 --> 00:59:50,420
to insist on the papers instead of the concrete walkway.

836
00:59:52,140 --> 00:59:55,100
We have a motion by Mr. Wojik for an amendment

837
00:59:55,100 --> 00:59:59,120
to the original motion as proposed by Mr. Rusk is our second point of order.

838
00:59:59,520 --> 00:59:59,980
The last.

839
01:00:14,500 --> 01:00:15,520
I guess I'd

840
01:00:18,560 --> 01:00:36,220
like to get on record the insurance company that said that that wasn't the problem, because we have an

841
01:00:36,220 --> 01:00:42,940
record here that says that they'd prefer it so that would help me to support that.

842
01:00:43,260 --> 01:00:49,200
I just called them my folks at Liberty Mutual but you know ultimately if they want to

843
01:00:49,200 --> 01:00:55,820
go through the process of changing it we have a process for changing it. I want this to be

844
01:00:55,820 --> 01:01:01,220
delivered. I want and to build what they told the neighborhood they were going to build.

845
01:01:01,220 --> 01:01:07,020
there it says here in the letter the loss the loss control the part of the insurance

846
01:01:07,020 --> 01:01:10,780
company would recommend that the sidewalks be kind of great to lessen the future

847
01:01:10,780 --> 01:01:14,820
liability. I I appreciate that recommend because it doesn't say insist.

848
01:01:18,580 --> 01:01:19,240
All right we

849
01:01:19,240 --> 01:01:25,120
motion on the floor for approval of the amendment only I'll call the question although those

850
01:01:25,120 --> 01:01:28,720
in favor indicate by saying aye, aye. Any opposed?

851
01:01:29,240 --> 01:01:35,460
The. I show that motion failing to five with Mr.

852
01:01:35,480 --> 01:01:38,300
Logic, Mr. Campion voting for the motion.

853
01:01:38,400 --> 01:01:41,740
Is that correct? No, I vote for it.

854
01:01:42,020 --> 01:01:45,200
All right, three to four.

855
01:01:45,880 --> 01:01:47,080
So the motion fails.

856
01:01:47,540 --> 01:01:50,660
Back to the original motion as proposed by Mr. Rosca,

857
01:01:51,560 --> 01:01:53,920
for the discussion. Are you ready for the question?

858
01:01:55,120 --> 01:02:00,200
All right, I'll call the question, all those in favor and to get by saying aye, aye, any opposed?

859
01:02:00,700 --> 01:02:02,520
Aye. Any abstentions?

860
01:02:03,280 --> 01:02:10,220
I'll show the motion passing five to two with Mr. Wojik, Mr. Campion voting nay.

861
01:02:10,900 --> 01:02:11,620
Aye, vote me.

862
01:02:11,860 --> 01:02:13,480
All right.

863
01:02:14,100 --> 01:02:15,540
I'm not hearing you down there. I'm sorry.

864
01:02:23,800 --> 01:02:24,240
All right.

865
01:02:25,860 --> 01:02:27,480
We've concluded that item.

866
01:02:28,600 --> 01:02:30,700
Moving on to our public hearings for this evening.

867
01:02:30,700 --> 01:02:35,500
Item F1 is a public hearing to consider authorizing the issuance of a health care facility's

868
01:02:35,500 --> 01:02:40,140
note for community dental care project by the Rochester Economic Development Authority.

869
01:02:40,220 --> 01:02:41,540
This is a public hearing.

870
01:02:41,540 --> 01:02:48,460
Is there anyone that would care to comment on this item and when it all final call, close the

871
01:02:48,460 --> 01:02:49,780
public hearing and obtain a motion.

872
01:02:50,700 --> 01:02:55,140
Second, motion by Mr. Campions, second by Mr. Hickey, any discussion?

873
01:02:56,380 --> 01:02:59,160
Hearing none, all those in favor, indicate by saying aye.

874
01:02:59,160 --> 01:02:59,580
All right.

875
01:02:59,920 --> 01:03:00,620
Any opposed?

876
01:03:01,200 --> 01:03:02,200
Any abstentions?

877
01:03:02,580 --> 01:03:03,300
Motion carries?

878
01:03:04,140 --> 01:03:10,040
Item F-2 is to expand residential permit parking in zone 6 of 6,7 southwest

879
01:03:10,040 --> 01:03:11,400
to 600 block.

880
01:03:11,820 --> 01:03:12,700
This is the public hearing.

881
01:03:12,840 --> 01:03:14,880
Is there anyone who would care to comment on this item?

882
01:03:16,500 --> 01:03:16,820
Yes, sir.

883
01:03:17,020 --> 01:03:17,800
Please come forward.

884
01:03:25,380 --> 01:03:26,320
We just need your name and address.

885
01:03:30,840 --> 01:03:31,360
Sir.

886
01:03:31,360 --> 01:03:37,280
know, which is one of the three parcels. I don't have anything really to say other than just

887
01:03:37,280 --> 01:03:40,980
if you have any questions. So we'll be at the otherwise.

888
01:03:41,720 --> 01:03:43,040
I'm all right. Thank you.

889
01:03:43,380 --> 01:03:48,680
I was going to say, Doug, I want to just thank you one more time for the incredible work

890
01:03:48,680 --> 01:03:52,360
and patience you show. This is the gentleman who's largely responsible for that tank

891
01:03:52,360 --> 01:04:00,040
up by St. Mary's. It perhaps drove him into retirement, but we appreciate his work.

892
01:04:00,040 --> 01:04:05,400
All right, is there anyone else that would care to speak on this item?

893
01:04:05,880 --> 01:04:06,220
Final call?

894
01:04:07,320 --> 01:04:09,540
I will close the public hearing and entertain a motion.

895
01:04:09,780 --> 01:04:10,060
Move a approval.

896
01:04:10,240 --> 01:04:10,840
Thank you.

897
01:04:11,220 --> 01:04:12,420
Motion by Mr. Camping.

898
01:04:12,420 --> 01:04:13,740
Second by Mr. World Jack.

899
01:04:14,000 --> 01:04:14,640
Any discussion?

900
01:04:14,960 --> 01:04:15,820
Just one one one thing.

901
01:04:17,420 --> 01:04:19,080
We get these things very peaceful.

902
01:04:19,220 --> 01:04:20,060
I'm supportive of this.

903
01:04:20,180 --> 01:04:20,920
They meet all the criteria.

904
01:04:21,180 --> 01:04:21,660
It's going to pass.

905
01:04:21,880 --> 01:04:23,980
I just want with one of these two that we're talking about today.

906
01:04:24,260 --> 01:04:27,840
One of the requests from the Husky Park neighborhood as we talked about park

907
01:04:27,840 --> 01:04:33,600
last meeting like we do it just about every meeting and there's not a mechanism right now for a neighborhood

908
01:04:33,600 --> 01:04:40,100
to come forward and propose a uniform standard because everything is driven off this block by blocks 75% thing

909
01:04:40,100 --> 01:04:46,100
So I was simply looking and I don't need an answer tonight, but I'm looking for some upper-down guidance from the council of couple of my neighborhoods

910
01:04:46,100 --> 01:04:52,560
are interested in trying to pilot a neighborhood wide program like this so we get all this block by block stuff

911
01:04:52,560 --> 01:05:00,680
If you're, you know, let less staff know if that's something that sounds reasonable to you because I think we'd have a few less of these hearings if we did it on a neighborhood by neighborhood basis.

912
01:05:03,750 --> 01:05:12,490
And I would agree with you in the sense that we've had this topic on our committee, the whole agenda for that we'd like to consider at some point.

913
01:05:12,510 --> 01:05:23,870
I agree doing this street by street block by block is counterproductive. It oftentimes what happens is we kind of shuffle the problem of block further, you know, in one direction or the other.

914
01:05:23,870 --> 01:05:27,830
So it would be good to address this from a broader policy perspective.

915
01:05:29,190 --> 01:05:31,090
All right, I will call the question then.

916
01:05:31,090 --> 01:05:33,190
All those in favor indicate by saying aye.

917
01:05:33,510 --> 01:05:35,550
Aye. Aye. Aye. Aye. Any opposed? Any extensions?

918
01:05:36,350 --> 01:05:37,070
Motion carries.

919
01:05:37,970 --> 01:05:41,310
Item F3 expand residential permit parking in zone 10.

920
01:05:41,550 --> 01:05:43,970
Second Street Northwest, the 1700 block.

921
01:05:44,390 --> 01:05:47,870
This is a public hearing. Is there anyone in the care to speak? Yes ma'am.

922
01:05:49,150 --> 01:05:50,210
You need your name and address please.

923
01:05:50,210 --> 01:05:54,470
Brenda Maxwell, 1738, Secretary of State, Northwest, and I'm the one that brought the

924
01:05:54,470 --> 01:05:55,130
petition forward.

925
01:05:55,810 --> 01:06:00,110
We've had, and approximately, an influx of 20 to 30 cars on our streets.

926
01:06:00,510 --> 01:06:03,830
The street is not wide enough for double parking on both sides.

927
01:06:04,290 --> 01:06:09,110
All of our service vehicles, mail carriers, trash people of all had,

928
01:06:09,110 --> 01:06:10,770
haulers that had trouble getting through.

929
01:06:11,450 --> 01:06:15,610
And in top of that, several of them are encroaching on our driveways,

930
01:06:15,610 --> 01:06:21,010
which has caused us to call community services and issue tickets several times.

931
01:06:21,750 --> 01:06:27,090
And I received, I did get the permission from Cory Ridge, for our part of the block.

932
01:06:27,590 --> 01:06:30,570
They're not the problem. It's male in place.

933
01:06:31,830 --> 01:06:34,590
That have found our street to be convenient.

934
01:06:35,310 --> 01:06:39,430
And we're a little tired of it, so we'd appreciate a vote on that.

935
01:06:39,590 --> 01:06:40,090
Thank you.

936
01:06:40,170 --> 01:06:40,950
Thank you.

937
01:06:40,950 --> 01:06:49,490
Is there anyone else who would care to come at final call close it's a public hearing and entertain a motion move approval

938
01:06:51,010 --> 01:06:58,090
Motion by Mr. Bill to back second by Mr. Hickey any further discussion, Mr. Bill to back. I think Indian and Mr. Logic

939
01:06:58,090 --> 01:07:06,210
Talk to you earlier. I don't know if doing neighborhoods are going to correct the problem. The problem is pretty much everything

940
01:07:06,210 --> 01:07:08,630
West of the river

941
01:07:08,630 --> 01:07:13,830
and time-bought zumberal river and bear a creek is restricted parking in some manner.

942
01:07:16,210 --> 01:07:23,750
The South East South West areas are having the same issues but they have not come forward yet to ask

943
01:07:23,750 --> 01:07:30,970
although we do have parcels in those areas that have a restricted parking. I think the request

944
01:07:30,970 --> 01:07:37,190
of figuring out a better way to do this is makes really, really good sense. We talked about it every time

945
01:07:37,190 --> 01:07:42,490
I bring this up. I understand where the neighbors are upset when they can't park, but all we're

946
01:07:42,490 --> 01:07:50,550
doing is kicking the can down the road. And we need to address this. It's and I do get a little

947
01:07:50,550 --> 01:07:56,890
sensitive. I had worked for May of for 35 years. The fact is it's not just my own place. It's

948
01:07:56,890 --> 01:08:01,970
anybody working the downtown who can't afford to parking at the different parking lots,

949
01:08:02,090 --> 01:08:06,870
ramps in the downtown area. It's a construction that we have going on in the city.

950
01:08:07,190 --> 01:08:11,350
of Rochester that it will have contractors parking in these neighborhoods.

951
01:08:13,690 --> 01:08:20,650
So it's an issue that's all of the cities to be responsible for and for all of us to try to figure out a better plan.

952
01:08:21,290 --> 01:08:25,570
I'm not criticizing those who wish to have the ability to get in another driveway.

953
01:08:25,770 --> 01:08:27,370
I totally understand that.

954
01:08:27,810 --> 01:08:35,170
But I do think that it's a problem that we're going to continue to push down the road and this council is going to have to figure out some way.

955
01:08:35,170 --> 01:08:40,590
or decide to ask for public works assistance in some manner to deal with his eventually.

956
01:08:43,380 --> 01:08:43,460
All right.

957
01:08:43,800 --> 01:08:44,280
Anyone else?

958
01:08:44,380 --> 01:08:48,400
And I would ask that Mr. Staver that we bring that forward sooner than later.

959
01:08:50,200 --> 01:08:50,920
The big picture.

960
01:08:51,140 --> 01:08:55,580
And we talk with the neighbors to if you give good alternatives, people will use it.

961
01:08:55,680 --> 01:09:03,060
And we just don't have really effective large parking lots on the surface of community service by frequent transit yet.

962
01:09:03,340 --> 01:09:05,100
Richard promises is all that it's coming.

963
01:09:05,100 --> 01:09:13,680
So I think that that's you know, it's it's the missing transportation piece that's feeding into a lot of this and we I think we will get there

964
01:09:15,140 --> 01:09:17,100
Okay, all right

965
01:09:17,620 --> 01:09:21,340
Anyone else call the question all those in favor indicate by saying aye

966
01:09:21,860 --> 01:09:33,660
Any opposed any abstentions motion carries item F 4's final plat r 2 0 1 6 dash 0 2 1 plat by northwest investments of lacrosse

967
01:09:33,660 --> 01:09:37,700
I'll see, to be known as Northwest Commercial Center FIFF.

968
01:09:37,900 --> 01:09:44,320
Platforms is to subdivide 18.32 acres by repladding outlot F of the Northwest Commercial

969
01:09:44,320 --> 01:09:47,160
Center FIFF into one block and two lots.

970
01:09:47,560 --> 01:09:48,480
This is a public hearing.

971
01:09:48,660 --> 01:09:49,940
Is there anyone that would care to comment?

972
01:09:59,430 --> 01:10:04,710
Hello, my name is Larry Dolby, 16.483 to have a new cell feast representing Northwest

973
01:10:04,710 --> 01:10:09,970
Investments across LLC, just here to answer any questions if you have them.

974
01:10:10,210 --> 01:10:10,290
All right.

975
01:10:10,410 --> 01:10:11,510
You're in agreement with the Conditioner.

976
01:10:11,510 --> 01:10:12,210
Yes, sir.

977
01:10:12,210 --> 01:10:14,090
All right, any questions for the applicants?

978
01:10:14,310 --> 01:10:15,230
They're going to be two more hotels.

979
01:10:16,610 --> 01:10:16,690
OK.

980
01:10:19,310 --> 01:10:20,190
All right.

981
01:10:20,330 --> 01:10:20,750
Thank you.

982
01:10:20,870 --> 01:10:21,910
We may invite you back.

983
01:10:22,190 --> 01:10:24,450
Is there anyone else who would care to speak on this item?

984
01:10:24,950 --> 01:10:26,390
Anyone at all?

985
01:10:26,510 --> 01:10:27,590
Final call.

986
01:10:28,110 --> 01:10:29,830
Close the public hearing and obtain a motion

987
01:10:29,830 --> 01:10:31,030
who will approval with conditions.

988
01:10:33,050 --> 01:10:36,370
But motion by Mr. Campion, second by Mr. Hickey.

989
01:10:36,750 --> 01:10:37,730
Any further discussion?

990
01:10:39,550 --> 01:10:39,950
Hearing none.

991
01:10:39,950 --> 01:10:46,110
All those in favor indicate by saying aye, any opposed, any extensions, motion carries.

992
01:10:46,970 --> 01:10:55,650
Item F5, conditional use permit R2016-021CUP by Stonehead Townhouses LLC.

993
01:10:55,970 --> 01:10:59,050
This is a public hearing. Is there anyone care to comment on this?

994
01:10:59,550 --> 01:11:00,210
Yes sir.

995
01:11:03,150 --> 01:11:07,410
Bill Anderson with SEH, we're the engineers for the developer.

996
01:11:08,230 --> 01:11:15,530
available for any questions. This is the 6th phase of the Stone Age account home subdivision.

997
01:11:15,710 --> 01:11:21,190
It's an approved site plan, grading plan, and plans are going through the process.

998
01:11:22,110 --> 01:11:26,710
And this is the SLA just to, as we have some of the grading that's over 10 feet.

999
01:11:28,700 --> 01:11:32,700
There's one condition that looks like staff has attached for grading plan.

1000
01:11:32,720 --> 01:11:34,700
Yes. We're in the process.

1001
01:11:34,700 --> 01:11:35,840
All right.

1002
01:11:38,570 --> 01:11:39,790
We've made invite you back.

1003
01:11:40,190 --> 01:11:43,050
Is there anyone else who'd care to be heard on this item?

1004
01:11:43,430 --> 01:11:44,590
Anyone at all?

1005
01:11:44,790 --> 01:11:45,310
Planal call?

1006
01:11:46,410 --> 01:11:48,110
Close the public hearing, and I'll take a motion.

1007
01:11:48,410 --> 01:11:49,430
We'll approve with one condition.

1008
01:11:50,990 --> 01:11:51,930
Motion by Mr. Hickie.

1009
01:11:52,270 --> 01:11:53,190
Second by Mr. Champion.

1010
01:11:53,650 --> 01:11:54,610
Any further discussion?

1011
01:11:56,230 --> 01:11:58,670
All those in favor then, indicate by saying aye.

1012
01:11:58,930 --> 01:11:59,150
Aye.

1013
01:11:59,230 --> 01:11:59,990
Any opposed?

1014
01:12:00,450 --> 01:12:01,470
Any abstentions?

1015
01:12:02,210 --> 01:12:02,870
Motion carries.

1016
01:12:04,110 --> 01:12:06,150
Item F6, as a vacation petition.

1017
01:12:06,150 --> 01:12:16,370
R-2016-002-VAC-1A1 incorporated to vacate a portion of right-of-way a red-hawk-drive-style

1018
01:12:16,370 --> 01:12:21,130
east and Falcon Road-South East. This is a public hearing. Is it anyone who

1019
01:12:21,130 --> 01:12:22,470
cared to be heard on this item?

1020
01:12:28,710 --> 01:12:35,630
Good evening. My name is Chad Carlson. I'm with Lumber 1A1, Pielbach-7, A1-256-301. Part 3-1-0.

1021
01:12:36,050 --> 01:12:41,570
Sorry. This is actually part of next two public hearing. So I'll just leave it

1022
01:12:41,570 --> 01:12:45,290
If there are any questions you may have right now, otherwise I will address the project

1023
01:12:45,290 --> 01:12:46,590
in the next two years.

1024
01:12:47,930 --> 01:12:48,690
All right.

1025
01:12:49,710 --> 01:12:52,590
I think is there anyone else who would care to be heard on this item?

1026
01:12:53,070 --> 01:12:53,850
Anyone at all?

1027
01:12:54,090 --> 01:12:55,110
Final call?

1028
01:12:55,870 --> 01:12:57,670
I'll close the public hearing and then entertain a motion.

1029
01:13:00,750 --> 01:13:01,470
We will do conditions.

1030
01:13:03,170 --> 01:13:03,250
Sorry.

1031
01:13:04,130 --> 01:13:07,790
I wish my Mr. Rockscus, second by Mr. Hikki, any further discussion?

1032
01:13:08,110 --> 01:13:12,070
When I was, when I was a question for staff, when I was looking at this based on the way

1033
01:13:12,070 --> 01:13:17,710
development is laid out after this. It appears to me there's no need for any mid-block

1034
01:13:17,710 --> 01:13:24,790
connections but I just wanted to verify that right. We're going through the site plan

1035
01:13:24,790 --> 01:13:28,650
process right now but that's what it appears to that it is that is correct.

1036
01:13:29,370 --> 01:13:29,370
Okay.

1037
01:13:33,220 --> 01:13:36,100
Then I will call the question all those in favor and hate by saying aye.

1038
01:13:36,760 --> 01:13:43,920
He opposed any extensions motion carried. The next two items obviously are about the same

1039
01:13:43,920 --> 01:13:48,940
project, but we'll read both of them, and then perhaps the applicants represented can respond

1040
01:13:48,940 --> 01:13:57,160
to both if need be. Item F7 is a general development plan. R00340 GDP by autumn heights

1041
01:13:57,160 --> 01:14:03,240
of Rochester LLC to be known as Falcon Heights of Rochester. And item F8 is a preliminary

1042
01:14:03,240 --> 01:14:11,420
our 2-016-019-plat by Autumn Heights of Rochester LLC to be known as Belkin Heights of Rochester.

1043
01:14:12,320 --> 01:14:16,420
Is there anyone care to comment on either of these two items, the GDP or the Pulmonary

1044
01:14:16,420 --> 01:14:16,900
Platform?

1045
01:14:17,340 --> 01:14:17,820
Yes, sir.

1046
01:14:18,160 --> 01:14:19,480
Good evening again, Chad Carlson.

1047
01:14:19,800 --> 01:14:20,220
Number one, Eva.

1048
01:14:20,760 --> 01:14:25,320
I'm also representing the Heights LLC group that is doing the project on this property.

1049
01:14:26,040 --> 01:14:32,560
This is a project that has gone through a lot of changes over the last six, seven months,

1050
01:14:32,560 --> 01:14:38,180
working with the city and coming to what you have in front of you tonight is actually the

1051
01:14:38,180 --> 01:14:42,460
culmination of the valley side development that's in this area so this is our last piece

1052
01:14:42,460 --> 01:14:51,030
of the 80 acres that we developed since 1998 so this kind of wraps the whole project up consists of

1053
01:14:51,030 --> 01:14:59,970
120 units, buildings that consist of eight units per building and like playing the apartment mentioned.

1054
01:15:00,000 --> 01:15:05,220
And we are going to the site plan right now. We should have a lot of the site plan work done here in

1055
01:15:05,220 --> 01:15:11,900
next week or so, working with them. The conditions of the approval, majority of those have been met,

1056
01:15:12,860 --> 01:15:19,620
or either discussed at this point where a lot of the larger ones are the agreements to get in place

1057
01:15:19,620 --> 01:15:29,960
before we get started. But we'll continue to work with the city on the site plan and make sure that we're

1058
01:15:29,960 --> 01:15:31,480
Any questions you may have?

1059
01:15:31,800 --> 01:15:33,580
Are you in agreement with all of the conditions?

1060
01:15:34,400 --> 01:15:37,160
For both the GDP and the pulmonary clot?

1061
01:15:37,640 --> 01:15:37,960
All right.

1062
01:15:39,000 --> 01:15:39,360
All right.

1063
01:15:39,440 --> 01:15:40,240
Thank you.

1064
01:15:40,980 --> 01:15:43,420
Is there anyone else who'd care to be heard on this item?

1065
01:15:44,400 --> 01:15:44,980
Anyone at all?

1066
01:15:45,560 --> 01:15:45,980
Final call?

1067
01:15:47,220 --> 01:15:51,820
I'll close the public air in and entertain separate motions on the GDP first.

1068
01:15:54,960 --> 01:15:55,920
And I believe there are...

1069
01:15:55,920 --> 01:15:57,040
Who was 16 conditions?

1070
01:15:59,520 --> 01:15:59,740
I'm sorry.

1071
01:16:00,500 --> 01:16:01,120
Was there a second?

1072
01:16:01,520 --> 01:16:01,740
Second.

1073
01:16:02,460 --> 01:16:06,460
Both my Mr. Rosca, 2nd my Mr. Woodjack, any discussion?

1074
01:16:07,900 --> 01:16:10,700
Hearing none, all those in favor indicate by saying aye.

1075
01:16:11,560 --> 01:16:15,920
Any opposed? Any abstentions? Motion carries, and now the preliminary plot?

1076
01:16:18,480 --> 01:16:20,680
I have that as a group of 19 conditions,

1077
01:16:21,040 --> 01:16:23,480
Stray King 117 for 1217 conditions.

1078
01:16:24,780 --> 01:16:24,820
Fever.

1079
01:16:26,060 --> 01:16:30,720
All right, motion by Mr. Rosca, 2nd my Mr. Hickey, any discussion?

1080
01:16:31,820 --> 01:16:38,360
Hearing none, all those in favor, indicate by Stan I, any opposed, any abstentions, motion

1081
01:16:38,360 --> 01:16:43,120
carries, moving on to resolutions and ordinances, Mr. City Attorney.

1082
01:16:43,320 --> 01:16:47,900
Thank you, Mr. President, for first reading of ordinances from

1083
01:16:50,340 --> 01:16:52,620
D6, an ordinance creating

1084
01:16:52,620 --> 01:17:02,640
and enacting Section 143A point, 32 of the Rochester Code of ordinances relating to the

1085
01:17:03,240 --> 01:17:09,160
The City Clerk requests the rules be suspended so that the ordinance can receive second reading tonight.

1086
01:17:10,260 --> 01:17:11,480
And we'll do this in the rules.

1087
01:17:12,960 --> 01:17:17,860
I'm not sure if I missed a campaign second by Mr. Woodrick. All in favor indicate by saying aye.

1088
01:17:18,240 --> 01:17:21,880
Aye. Any opposed? Any abstentions? All right. Thank you.

1089
01:17:22,040 --> 01:17:22,520
Motion carries.

1090
01:17:23,380 --> 01:17:27,880
For second reading in final passage, an ordinance creating an enacting section 143A.

1091
01:17:27,880 --> 01:17:32,900
point 32 of the Rochester Code of Audence is relating to the creation of a mobile food units

1092
01:17:32,900 --> 01:17:36,100
franchise for Max Mobile Kitchen in the city of Rochester.

1093
01:17:40,040 --> 01:17:40,540
Second.

1094
01:17:40,540 --> 01:17:45,420
Motion by Mr. Hickey, second by Mr. Campion, any discussion, all in favor, indicate by

1095
01:17:45,420 --> 01:17:46,260
saying aye.

1096
01:17:47,000 --> 01:17:47,500
Opposed?

1097
01:17:47,660 --> 01:17:48,500
Any abstentions?

1098
01:17:48,740 --> 01:17:49,380
Motion carries.

1099
01:17:49,640 --> 01:17:54,140
Moving on to second reading of Audence's, an ordinance of mending and reenacting section

1100
01:17:54,140 --> 01:17:59,540
60.6 to 0.5 of the Rochester Code of Audence's relating to development, informational

1101
01:18:00,400 --> 01:18:00,940
mediums.

1102
01:18:03,680 --> 01:18:08,800
Motion by Mr. Rusk is second by Ms. Means. Any discussion? All in favour?

1103
01:18:09,100 --> 01:18:13,580
Indicate by saying aye. Any opposed? Any abstentions? Motion carries.

1104
01:18:13,800 --> 01:18:19,480
In order to create an enacting section 71.10, an amending and re-enacting subdivision

1105
01:18:19,480 --> 01:18:29,760
of Section 5.03, Section 70.0670.08, 70.11, and repealing Section 70.07 of the Rochester

1106
01:18:29,760 --> 01:18:34,860
Code of Ordances relating to the permit requirements for replacement repair or adjustment

1107
01:18:34,860 --> 01:18:39,660
of sidewalks, driveways, curbs, and gutters. This is the ordinance that clarifies what

1108
01:18:39,660 --> 01:18:46,580
permit is required for what particular sidewalk or street repair activity and also add violations

1109
01:18:46,580 --> 01:18:49,780
to the administrative citation process.

1110
01:18:51,800 --> 01:18:52,140
Second.

1111
01:18:52,960 --> 01:18:53,940
Motion by Mr. Hickie.

1112
01:18:54,120 --> 01:18:55,340
Second by Mr. Campion.

1113
01:18:55,560 --> 01:18:56,180
Any discussion?

1114
01:18:57,220 --> 01:18:58,040
All in favor then?

1115
01:18:58,220 --> 01:18:59,300
Indicate by saying aye.

1116
01:19:00,240 --> 01:19:00,760
Opposed?

1117
01:19:01,000 --> 01:19:01,640
Any extensions?

1118
01:19:02,000 --> 01:19:02,600
Motion carries.

1119
01:19:03,480 --> 01:19:03,840
All right.

1120
01:19:04,340 --> 01:19:05,200
Thank you.

1121
01:19:05,360 --> 01:19:06,960
We have no table items this evening.

1122
01:19:07,180 --> 01:19:08,720
Moving on to other business.

1123
01:19:09,460 --> 01:19:11,840
I have two that I would like to bring up.

1124
01:19:12,120 --> 01:19:14,820
The first, and you should have some memorandum from staff.

1125
01:19:14,820 --> 01:19:18,700
both public works and planning and department.

1126
01:19:19,120 --> 01:19:24,240
This relates to the 501 project on 501 on first LLC,

1127
01:19:24,560 --> 01:19:25,700
it's referred to.

1128
01:19:26,880 --> 01:19:31,400
Hopefully the memorandum were explanatory enough,

1129
01:19:31,760 --> 01:19:36,180
but this request came to my attention early last week,

1130
01:19:37,220 --> 01:19:40,100
where essentially what the applicant would like to do

1131
01:19:40,100 --> 01:19:42,320
is we had already approved as part

1132
01:19:42,320 --> 01:19:48,940
the incentive development, a bump out landscape area on the northwest corner of the block

1133
01:19:48,940 --> 01:19:55,200
and what the applicant proposed to do is actually extend that bump out further to the south,

1134
01:19:55,680 --> 01:20:01,820
taking out two parallel parking spots, but in lieu of that creating more hard-scape landscape

1135
01:20:01,820 --> 01:20:09,640
area and patio dining for a potential tenant of that area of the building. While we were

1136
01:20:09,640 --> 01:20:14,980
Looking at that, there were a couple of other things that we thought in the spirit of completeness.

1137
01:20:15,580 --> 01:20:16,980
They wanted to take care of as well.

1138
01:20:17,180 --> 01:20:24,840
One was that in construction, they had originally promised that the awnings would be a dark brown material,

1139
01:20:25,260 --> 01:20:30,700
but with the window casing and so forth, they decided that it would be more attractive to.

1140
01:20:30,700 --> 01:20:34,240
They'll still do the awning, but now they'll be a solid black material.

1141
01:20:34,240 --> 01:20:47,220
And then there were other slight changes relative to some bike racks and relocation of bike racks and relocation of benches to complete that process.

1142
01:20:48,180 --> 01:20:55,480
Both planning department and public works both commented based on their department review.

1143
01:20:55,480 --> 01:21:05,320
And you have that in front of you, and I could stand for any questions or any comments from staff.

1144
01:21:06,020 --> 01:21:09,860
We have the items related to the 501 project.

1145
01:21:12,040 --> 01:21:20,060
I ran these by Councilmember Build-A-Back, and I'll let him comment on his own, and then as was stated earlier,

1146
01:21:20,060 --> 01:21:33,440
We sat with the President of the South Historic Southwest Neighborhood Association to give them a heads up as well because they didn't want anybody to be surprised by walking this on under other business.

1147
01:21:34,100 --> 01:21:36,660
We just couldn't get the paperwork done in time to get it in the packet.

1148
01:21:37,480 --> 01:21:39,060
So apologies for that.

1149
01:21:40,260 --> 01:21:41,500
Any questions or comments?

1150
01:21:42,000 --> 01:21:42,780
Mr. Builderback.

1151
01:21:43,040 --> 01:21:48,760
I think, you know, it's interesting we have a project like this when we had the issues that we had earlier tonight.

1152
01:21:50,140 --> 01:21:53,980
And yeah, I think it's great that they brought it through the Southwest Historic Neighborhood

1153
01:21:53,980 --> 01:21:57,700
but they should also brought it from the downtown Neighborhood Association as well.

1154
01:21:58,180 --> 01:22:02,440
I think that's an issue that we've found is now worked well as making contact

1155
01:22:02,440 --> 01:22:05,260
back with the groups that are responsible.

1156
01:22:06,560 --> 01:22:10,760
I think these are great improvements and it was wonderful to hear the Southwest Historic Neighborhood.

1157
01:22:11,620 --> 01:22:14,340
Mr. Davies get up and support the project.

1158
01:22:14,540 --> 01:22:15,820
I think that's great.

1159
01:22:15,820 --> 01:22:21,980
I think that's the way the system should work versus the way we went through this last one.

1160
01:22:23,220 --> 01:22:24,780
I appreciate that.

1161
01:22:24,900 --> 01:22:32,660
I hope staff please take note that we need to make sure we bring the right people to the table to have these discussions.

1162
01:22:32,840 --> 01:22:33,980
I think it's important.

1163
01:22:35,460 --> 01:22:40,860
I think at least in this case two with the 501 project, the project isn't completed still in the process.

1164
01:22:40,860 --> 01:22:46,800
where I struggle is when we have the case that we had the last one that's all done and

1165
01:22:46,800 --> 01:22:53,020
that what you do now. So I think it's interesting. I think the 501 project is a good example of

1166
01:22:53,020 --> 01:22:58,180
how it should be worked through with the neighborhoods and I believe this is going to be a great

1167
01:22:58,180 --> 01:23:03,100
improvement to the area. I appreciate the fact that the developer thought about this and wish to

1168
01:23:03,100 --> 01:23:10,240
do this and thank you Mr. Stavers for filling in for me. I was out of town at that time but I think

1169
01:23:10,240 --> 01:23:15,280
It's wonderful they brought the people in and they had that discussion before the project move forward.

1170
01:23:16,400 --> 01:23:29,200
One other comment I forgot to mention, the reason for the urgency is my understanding as the contractors at that point where this week they planned to pour form and pour the curbing cell, otherwise we would have waited until the next regular council meeting.

1171
01:23:29,200 --> 01:23:35,740
would I? I'd willing to support this largely because the, you know, my, my contact for the area,

1172
01:23:35,740 --> 01:23:40,340
you know, a reputable leader of the Southwest Association was contacted and supported up,

1173
01:23:40,420 --> 01:23:45,640
and there are pretty benign changes, so very happy to support that. And anything that takes the

1174
01:23:45,640 --> 01:23:52,900
eye away from that salt wall, I'm also in favor of that. All right. If there are no other comments,

1175
01:23:53,080 --> 01:23:57,540
I would entertain a motion. And I believe we can handle all of this as one motion. Is that

1176
01:23:57,540 --> 01:23:58,060
be accurate.

1177
01:23:58,740 --> 01:23:59,060
I'm troubled.

1178
01:23:59,300 --> 01:24:03,020
This is a walk on, so it's hard for the record to reflect what it is you're holding on.

1179
01:24:03,300 --> 01:24:03,420
All right.

1180
01:24:03,560 --> 01:24:08,220
So I would recommend you take them separately and you announce, specifically, what it is that

1181
01:24:08,220 --> 01:24:09,720
you're asking the council to approve.

1182
01:24:09,860 --> 01:24:11,880
Move approval of the change to the honnance.

1183
01:24:12,640 --> 01:24:21,160
This would be the Type III amendment to R-215-0155-CUP incentive development by 501 on 1st

1184
01:24:21,160 --> 01:24:21,760
LLC.

1185
01:24:25,330 --> 01:24:27,070
There are no conditions, I don't think.

1186
01:24:27,790 --> 01:24:29,050
There is one condition.

1187
01:24:29,050 --> 01:24:34,630
additional voice from above tells me, there it is, plans would be resubmitted.

1188
01:24:36,980 --> 01:24:39,500
So this is a motion for approval of just the canopies.

1189
01:24:39,640 --> 01:24:40,320
Is that what you said?

1190
01:24:40,620 --> 01:24:41,700
I think you want to separate motion.

1191
01:24:44,720 --> 01:24:48,880
I think separate motion for the planning and then the approval.

1192
01:24:49,020 --> 01:24:51,780
I was referring to it.

1193
01:24:51,780 --> 01:24:56,980
I'll read the description.

1194
01:24:56,980 --> 01:25:02,500
let's let's that'll make it help, help clarify. So the first item would be a type 3

1195
01:25:02,500 --> 01:25:10,360
amendment to R-2015-015-CUP incentive development by 501 on first LLC.

1196
01:25:10,960 --> 01:25:19,260
I think most of my Mr. Hickie, second by Mr. Woodjack, any discussion on that?

1197
01:25:19,980 --> 01:25:23,400
Yeah, so I make sure that can sync all this stuff together.

1198
01:25:24,360 --> 01:25:28,380
The P, I guess, yeah, that's not even marked.

1199
01:25:31,500 --> 01:25:34,420
The page I have with a drawing is pretty convoluted,

1200
01:25:34,520 --> 01:25:36,820
but doesn't look like the front of the building.

1201
01:25:38,040 --> 01:25:40,500
The one that's attached to the CUP and Senate development,

1202
01:25:41,140 --> 01:25:45,000
that's an amendment, doesn't seem to have a map showing the removal of the stalls.

1203
01:25:50,720 --> 01:25:56,880
But I noticed in our other set of pages here that are associated with the right-of-revocable permit for the right-of-way,

1204
01:25:56,880 --> 01:26:00,460
And then there's a set of drawings for the building.

1205
01:26:05,490 --> 01:26:13,370
Would planning staff care to comment on whether you've seen or clear on the drawings and

1206
01:26:13,370 --> 01:26:13,990
changes?

1207
01:26:15,470 --> 01:26:21,590
So within the amendment to the special, the restricted development and center development

1208
01:26:22,690 --> 01:26:28,750
She's L1.0 and L2.0.

1209
01:26:32,270 --> 01:26:33,370
Anyone else have those?

1210
01:26:33,630 --> 01:26:35,550
I don't have an L1.0.

1211
01:26:35,690 --> 01:26:36,070
I don't know.

1212
01:26:42,090 --> 01:26:43,690
There in you now from Brent.

1213
01:26:44,730 --> 01:26:45,690
Bill's on the house.

1214
01:26:55,760 --> 01:26:57,280
Mr. Swanby.

1215
01:27:15,900 --> 01:27:17,800
It's on the left side.

1216
01:27:18,040 --> 01:27:22,640
Here there's a bubble that represents the area for the area right here.

1217
01:27:22,820 --> 01:27:24,380
And we're the two parking spots.

1218
01:27:24,720 --> 01:27:25,300
We're removed.

1219
01:27:29,190 --> 01:27:29,610
No.

1220
01:27:34,470 --> 01:27:39,670
So I'm not I'm a danger when I come to these because we have a condition on there that says

1221
01:27:39,670 --> 01:27:44,070
specifically that they can't make an operation without a bring it back to the council.

1222
01:27:44,830 --> 01:27:49,950
So I'm pretty concerned that we get the right drawings in there and there's no drawings as far as I can tell.

1223
01:27:50,230 --> 01:27:54,230
There's blown up drawings of the rear side of the building in our what's in front of us.

1224
01:27:56,930 --> 01:27:59,590
Here's my other concern about doing it this way.

1225
01:27:59,590 --> 01:28:06,210
Is that is planning staff willing to test that there are no other changes in this document that are being approved?

1226
01:28:06,650 --> 01:28:14,930
Because I would like to know what the appropriate way is to ensure there's nothing that planning staff have not reviewed about this document that we're now bringing in to the incentive development

1227
01:28:15,810 --> 01:28:17,350
Does that make any sense

1228
01:28:17,350 --> 01:28:19,790
So the attorney can you not admit it?

1229
01:28:19,850 --> 01:28:22,170
Yes, it does make sense

1230
01:28:22,170 --> 01:28:24,150
We have a letter from the

1231
01:28:25,790 --> 01:28:26,310
Appded

1232
01:28:27,720 --> 01:28:29,180
Yes, what are you going to reply?

1233
01:28:37,460 --> 01:28:43,400
I've verified the what was provided to be reviewed within the applicant.

1234
01:28:43,620 --> 01:28:49,080
I reviewed the original plans to the documents that were provided here.

1235
01:28:49,500 --> 01:28:55,680
And I find them to be consistent with the changes that were acknowledged by the applicant.

1236
01:28:57,000 --> 01:29:03,820
But to be entirely clear, you are not saying that there's nothing change in here that is not being acknowledged.

1237
01:29:06,580 --> 01:29:36,560
This is a catch-point to when I don't appreciate taking the entire council through it, so I think this is a really important exchange here is that we're handed a document, we're asked to do an amendment, and I can't, I don't feel entirely certain that everything in here has not changed, and maybe that's the attorney can give me a path forward, inviting that, looking up to test that, that is all that has changed between these documents, provide sufficient grounds to move forward,

1238
01:29:36,560 --> 01:29:42,760
If you're comfortable with that representation, but if it turns out later on that there's

1239
01:29:42,760 --> 01:29:47,920
something in that map or that drawing that you didn't know about, it's too late.

1240
01:30:04,740 --> 01:30:18,580
The rest of the council have any opinion on this, because that's me as a pretty huge liability for us to take on at this point in the project to say we're just going to accept a drawing that's put here as a walk on.

1241
01:30:18,580 --> 01:30:22,400
And I believe we have the applicant's representative here.

1242
01:30:23,060 --> 01:30:25,800
I would be biased only in that I set through the meeting.

1243
01:30:25,960 --> 01:30:28,900
So I saw the drawings and what they wanted to do and so forth.

1244
01:30:30,700 --> 01:30:33,740
So did something else get slipped in?

1245
01:30:34,720 --> 01:30:40,480
I'd like to believe that all of our applicants are represented with their best interests.

1246
01:30:43,500 --> 01:30:46,460
So, Dan, would you like to come forward please?

1247
01:30:48,900 --> 01:30:54,760
The one this time sensitive here is pouring curb. I did see drawings of how the curb was going to be.

1248
01:30:55,380 --> 01:31:00,440
So if we approve that change, let's do that and let's get everything cleared up for the next meeting to the other ones.

1249
01:31:01,660 --> 01:31:05,100
So my concern only is, is there a picture that shows only those changes?

1250
01:31:06,760 --> 01:31:08,480
I believe there is on that one, yeah.

1251
01:31:08,780 --> 01:31:09,820
This one is.

1252
01:31:10,220 --> 01:31:12,360
We need your name and address please for longer.

1253
01:31:13,220 --> 01:31:16,840
Diane Hoy, representative of 501, I'm first.

1254
01:31:17,860 --> 01:31:18,980
I'll make it ask you a question.

1255
01:31:20,280 --> 01:31:24,400
This is more a procedural question for the council.

1256
01:31:24,520 --> 01:31:26,940
This picture actually shows the entirety of the building.

1257
01:31:28,140 --> 01:31:32,020
Like, the picture that is being displayed on the overhead actually shows the entirety of the building.

1258
01:31:32,460 --> 01:31:36,920
So if we approve this as part of the amendment, this is the document that guides development.

1259
01:31:37,420 --> 01:31:41,520
So all changes that could possibly be in here are what is now the document.

1260
01:31:43,300 --> 01:31:52,380
Unless your motion is more specific, this is why I was looking for, I figured he was just going to let me hang out there long enough and then give me an option how to move forward.

1261
01:31:55,160 --> 01:31:57,140
So in other words, there's a motion.

1262
01:31:57,820 --> 01:31:58,480
Yes, there is.

1263
01:31:58,580 --> 01:32:09,620
You can amend the motion to approve only the curb and gutter changes as depicted in this drawing, so that if it turns out there is more out there,

1264
01:32:09,620 --> 01:32:15,780
you haven't cut your, you haven't foreclosed the ability to go back and take action on those

1265
01:32:15,780 --> 01:32:16,280
other changes.

1266
01:32:16,380 --> 01:32:21,380
All you would be approving if you narrow the scope of your motion down to, was it curving

1267
01:32:21,380 --> 01:32:22,480
gutters at it?

1268
01:32:23,580 --> 01:32:25,460
Well, Bill, I'm getting, I suggest there's more.

1269
01:32:25,600 --> 01:32:30,120
Well, you're looking for the assurance that these are the only changes that have been reflected

1270
01:32:30,120 --> 01:32:32,460
on the, I mean, how I feel really comfortable.

1271
01:32:32,900 --> 01:32:36,960
If I went up there and I clipped out just the portion they're talking about, I hate to

1272
01:32:36,960 --> 01:32:41,160
like that seems laughable but that is what happens in these things and then people

1273
01:32:41,160 --> 01:32:45,680
shop and say we've brought in and these other pictures look you approve this amendment and

1274
01:32:47,100 --> 01:32:51,400
isn't what you're proving in the bubble diagram and they'll say the bubble diagram I'm

1275
01:32:51,400 --> 01:32:58,140
perfect for that you can't see two areas right here with the bubbles on it all right if the

1276
01:32:58,140 --> 01:33:01,820
city attorney feels comfortable that doesn't expose us to that you're clipping by motion

1277
01:33:01,820 --> 01:33:05,620
in other words so to physically clipping you're doing it by by your motion right

1278
01:33:05,620 --> 01:33:09,800
do we need a motion to amend or is that it yes or you can take a bi-general consensus

1279
01:33:14,090 --> 01:33:17,170
what are we doing? Mr. Chair. Mr.

1280
01:33:17,350 --> 01:33:22,430
Mr. Freeze. There are a lot more improvements in the side of that bubble than just curbing gutter.

1281
01:33:22,790 --> 01:33:25,570
And you can't do the curbing gutter without doing all the rest of the improvements.

1282
01:33:27,690 --> 01:33:31,770
I think your concern was that we're doing the whole building different changes.

1283
01:33:31,770 --> 01:33:33,470
If you're within that bubble, are you okay?

1284
01:33:33,470 --> 01:33:42,570
That is exactly what I'm hoping is that we are localizing the changes and not adopting 11 by 17 image for a 1 by 1 change if that makes sense

1285
01:33:43,970 --> 01:33:55,610
Just one more point of clarification or question for a council member camp in would you in your motion want to still include the other things that were bullets pointed out and just have the bubble part for the site plan

1286
01:33:55,610 --> 01:33:58,570
And here's the nice thing, it doesn't my motion as far as I know.

1287
01:33:59,090 --> 01:33:59,510
Are you ready?

1288
01:33:59,990 --> 01:34:00,610
Fikki's on.

1289
01:34:01,050 --> 01:34:02,110
Oh, OK.

1290
01:34:02,370 --> 01:34:07,290
I would have moved a men-the-motion to indicate the bubble

1291
01:34:07,290 --> 01:34:11,550
region but to retain the bullet points as we're in the original.

1292
01:34:12,250 --> 01:34:12,410
Thank you.

1293
01:34:13,110 --> 01:34:13,610
All right.

1294
01:34:13,750 --> 01:34:16,550
We have a motion by Mr. Campion second by Mr. Hikki,

1295
01:34:17,090 --> 01:34:20,850
or an amendment, which further clarifies exactly what it is.

1296
01:34:20,950 --> 01:34:23,490
We're approving any discussion on that amendment.

1297
01:34:23,490 --> 01:34:27,410
I'll call the question, all those in favour indicate by saying aye.

1298
01:34:27,430 --> 01:34:27,790
Aye.

1299
01:34:27,930 --> 01:34:28,630
Any opposed?

1300
01:34:29,170 --> 01:34:30,050
Any abstentions?

1301
01:34:30,290 --> 01:34:30,890
Motion carries.

1302
01:34:31,030 --> 01:34:32,750
Now we're back to the original motion.

1303
01:34:33,590 --> 01:34:35,150
For approval of the type three amendment.

1304
01:34:35,430 --> 01:34:35,950
As amended.

1305
01:34:36,690 --> 01:34:38,050
Is there further discussion?

1306
01:34:39,650 --> 01:34:43,150
I will call the question, all those in favour indicate by saying aye.

1307
01:34:43,650 --> 01:34:44,430
Any opposed?

1308
01:34:44,870 --> 01:34:45,830
Any abstentions?

1309
01:34:46,430 --> 01:34:47,230
Motion carries.

1310
01:34:47,450 --> 01:34:52,890
Now we'll move on to the revocable permit with 501 on first LLC for improvements.

1311
01:34:52,890 --> 01:34:54,510
in the right of way.

1312
01:34:56,250 --> 01:34:56,510
Move, rule.

1313
01:34:59,110 --> 01:35:01,450
Motion by Mr. Ruska, second by Mr. Hickey.

1314
01:35:01,810 --> 01:35:03,430
Any discussion on that?

1315
01:35:04,590 --> 01:35:05,690
I'll call the question then.

1316
01:35:05,710 --> 01:35:07,870
All those in favor indicate by saying aye.

1317
01:35:08,650 --> 01:35:09,310
Any opposed?

1318
01:35:09,770 --> 01:35:10,230
Any abstentions?

1319
01:35:11,010 --> 01:35:12,010
Motion carries.

1320
01:35:14,130 --> 01:35:14,370
All right.

1321
01:35:14,450 --> 01:35:14,890
Thank you.

1322
01:35:16,310 --> 01:35:18,370
Moving on to one other business item.

1323
01:35:18,650 --> 01:35:22,850
I had talked a little bit about this afternoon at the committee of the hall.

1324
01:35:22,850 --> 01:35:30,810
As you know, we received a third proposal for possible use of the senior center slash armory and

1325
01:35:30,810 --> 01:35:38,060
I specific point of order. Yes, we need to make sure we get a copy of those pictures I were up here because my amendment was very

1326
01:35:41,770 --> 01:35:49,050
Okay, as long as it was submitted. All right. Okay. Oh, we got the week. We have we have the deal for 20

1327
01:35:51,270 --> 01:35:57,990
sorry for the interruptions okay moving on we did receive a third proposal for

1328
01:35:57,990 --> 01:36:03,690
possible use of the armory building I purposely did not schedule it for review

1329
01:36:03,690 --> 01:36:09,210
at today's committee the hall because there was a question raised by one or two

1330
01:36:09,210 --> 01:36:15,850
council members as to whether we could in good faith consider the proposal given

1331
01:36:15,850 --> 01:36:20,350
had been submitted past the deadline date for the RFVs.

1332
01:36:20,870 --> 01:36:26,310
So before we took it to some sort of public review and presentation, I thought it best

1333
01:36:26,310 --> 01:36:31,770
that we discussed the RFV process a bit this evening, and whether or not we would be willing

1334
01:36:31,770 --> 01:36:34,870
to entertain this third proposal.

1335
01:36:35,390 --> 01:36:39,050
So with that in mind, I know that Mr. Campion laid off because he wrote the memo.

1336
01:36:45,840 --> 01:36:54,300
I should start out by saying I did not review the proposal quite intentionally as you kind of alluded to.

1337
01:36:54,680 --> 01:36:57,820
I don't know anything about the contents besides the title.

1338
01:37:00,200 --> 01:37:05,140
And I think we're in a pretty precarious position right now.

1339
01:37:07,060 --> 01:37:13,920
Our ability to provide a fair review could be compromised if we let an additional proposal into the process.

1340
01:37:13,920 --> 01:37:21,760
And if I take a step back, we chose to do an RFP because we really wanted a transparent

1341
01:37:21,760 --> 01:37:23,200
and fair process.

1342
01:37:23,680 --> 01:37:29,120
I think the RFP process, typically you send out a request for proposals, you set

1343
01:37:29,120 --> 01:37:34,220
some sort of deadline, you get the proposals back, you open them all up, and you decide

1344
01:37:34,220 --> 01:37:38,780
if those are what you want, either throw away the entire set and start over, or you pick

1345
01:37:38,780 --> 01:37:39,800
one and you move forward.

1346
01:37:42,060 --> 01:37:48,740
I don't intend to indicate anyone is nefarious, and I say that because why I'm a sound is

1347
01:37:48,740 --> 01:37:54,400
going to seem like it's suggesting that, but to start a process of review that involves

1348
01:37:54,400 --> 01:38:02,180
public critique and public availability of the reports and over a three-month period

1349
01:38:02,180 --> 01:38:10,120
really and then to after the deadline to accept an additional one would seem to confer a possible

1350
01:38:10,120 --> 01:38:16,040
advantage to the one that's received far later. And this is an a question of legal authority.

1351
01:38:17,020 --> 01:38:22,680
I'm sure we have broad powers in this realm. This is an entirely a question of fairness.

1352
01:38:23,160 --> 01:38:30,240
Is it fair to the proposal that was submitted three months ago to have to get up and give us

1353
01:38:30,240 --> 01:38:34,220
testimony to then be compared to one that comes after.

1354
01:38:34,740 --> 01:38:39,020
And I think this opens up Pandora's box a little bit about how

1355
01:38:39,020 --> 01:38:42,780
will we ever close down this admission process.

1356
01:38:43,060 --> 01:38:47,260
If we accept one three months after a deadline, we set this on now,

1357
01:38:47,340 --> 01:38:50,760
what happens three months from now when someone has another proposal.

1358
01:38:52,500 --> 01:38:58,840
So I guess what I would ask is to kind of ensure that we can continue leveraging

1359
01:38:58,840 --> 01:39:04,620
as RFP process to move the city forward, especially with DMC and the number of reuse projects

1360
01:39:04,620 --> 01:39:11,520
we're looking at, that we would kind of stick to the originally indicated deadline, evaluate

1361
01:39:11,520 --> 01:39:17,040
the two that are out there, try as hard as possible not to allow ourselves to be biased about

1362
01:39:17,040 --> 01:39:23,660
a plan that was submitted after the date, decide if one of those two meets kind of what we're

1363
01:39:23,660 --> 01:39:27,260
for about a project to reuse our rebuilding.

1364
01:39:28,620 --> 01:39:30,480
And we've decided to go down one of two paths either.

1365
01:39:30,680 --> 01:39:32,360
We select one of those two.

1366
01:39:33,220 --> 01:39:38,020
And we close the process and don't have to move forward

1367
01:39:38,020 --> 01:39:41,160
to fail the submissions or we reject all the submissions.

1368
01:39:41,760 --> 01:39:45,060
And we would reissue the RFP after that process.

1369
01:39:45,160 --> 01:39:47,080
Hopefully it was some additional guidance

1370
01:39:47,080 --> 01:39:49,700
that would lay out what was missing.

1371
01:39:49,700 --> 01:39:59,480
And not let a new proposal in with no bias toward the content or the people who submitted it.

1372
01:40:00,560 --> 01:40:08,460
But with some understanding that it would seem to offer the most fair playing field for those that had already submitted.

1373
01:40:09,380 --> 01:40:19,600
That's really something I think we should look to aspire to as a process that is equitable and fair and transparent to all those who participate.

1374
01:40:21,440 --> 01:40:28,320
I think, you know, as I, as I was considering this tonight, I read Mr. Hopkins, memo, I completely

1375
01:40:28,320 --> 01:40:35,280
agree, it creates a bit of a conundrum, you know, when, when, when do we close the RFP process

1376
01:40:35,280 --> 01:40:42,580
and we really mean at this time? So I do understand that, but I was also giving some thought

1377
01:40:42,580 --> 01:40:48,420
to, you know, at the end of the day, we as elected officials, we're mere custodians, we're custodians

1378
01:40:48,420 --> 01:40:58,000
of the public assets, and would I be remiss if I ignored new information that might provide

1379
01:40:58,000 --> 01:41:02,060
for potentially the best and highest views of a public asset?

1380
01:41:02,760 --> 01:41:04,820
So I do understand what you're saying.

1381
01:41:05,520 --> 01:41:14,980
I'm not quite willing to just stand on protocol or the RFP deadline and say we absolutely

1382
01:41:14,980 --> 01:41:21,660
could not consider the new information, nor do I necessarily want to, you know, throw it

1383
01:41:21,660 --> 01:41:26,840
all out. You know, decline the two proposals just to start it over. That just seems like, you

1384
01:41:26,840 --> 01:41:33,080
know, Jerry Mandarin just so we can consider the third proposal anyway. So I'm not saying, yes,

1385
01:41:33,120 --> 01:41:37,340
or no, to whether I want to review the third one, I'm just raising a philosophical point. And I

1386
01:41:37,340 --> 01:41:38,960
I'll almost reward you to hand up.

1387
01:41:39,480 --> 01:41:46,100
I will echo everything, Council Member Camp, Council Member Camp, and I think this is a question of integrity.

1388
01:41:47,060 --> 01:41:53,660
And I think that you set up a fair process and you respect that process and we follow through on that process.

1389
01:41:54,400 --> 01:42:01,600
I don't think it's much of a gray area to say that if we were issuing requests for proposals to operate the transit system.

1390
01:42:01,600 --> 01:42:08,700
And we have accepted one two months after everyone else selected there's not a gray area

1391
01:42:08,700 --> 01:42:13,640
We went down that path we're getting sued and we're going to lose because there's no integrity to that now in this case

1392
01:42:13,640 --> 01:42:20,840
We set up the RFP process. We didn't have the same legal threshold or legal requirements for how we did it

1393
01:42:20,840 --> 01:42:27,280
But how can you say to the people who followed the who who followed the process the way it was supposed to be done

1394
01:42:27,280 --> 01:42:31,480
that this is okay, and I just think it speaks to it.

1395
01:42:31,580 --> 01:42:36,420
I think the considering this at this point is just something that I'm not willing to

1396
01:42:36,420 --> 01:42:36,920
do like.

1397
01:42:37,080 --> 01:42:41,020
It does not reflect the kind of integrity that I expect out of my city.

1398
01:42:41,800 --> 01:42:42,620
Mr. Hickey.

1399
01:42:43,340 --> 01:42:45,460
In the end, I want the best use for the facility.

1400
01:42:45,620 --> 01:42:50,140
So I think there's absolutely some legitimate questions on process here.

1401
01:42:50,840 --> 01:42:55,160
You know, and perhaps the answer would be to reject the ones that have been submitted

1402
01:42:55,160 --> 01:43:00,420
and refiner process, but we've talked all along about considering selling the property.

1403
01:43:01,160 --> 01:43:06,800
I don't think there was any, certainly not in my part, the intention that someone who submitted by March 31 perhaps,

1404
01:43:06,820 --> 01:43:11,700
but if we had one proposal, we're going to automatically select, you know, if it belongs to hit it by the date.

1405
01:43:12,480 --> 01:43:15,340
So perhaps, again, perhaps we need to refine the process.

1406
01:43:16,220 --> 01:43:22,020
I think one of the options was to camp in its August, it is rejecting the proposals and refine the process.

1407
01:43:22,020 --> 01:43:23,060
So we open it.

1408
01:43:23,160 --> 01:43:27,080
But in the end, I want to get it right, so I don't want to say, you know, up, you got

1409
01:43:27,080 --> 01:43:27,300
it.

1410
01:43:27,440 --> 01:43:29,100
It's got to be one of those two.

1411
01:43:29,340 --> 01:43:33,100
All along, we've talked about perhaps even outright selling the property, so I don't

1412
01:43:33,100 --> 01:43:37,260
think there was any intention to say that it was automatically going to be up one of those

1413
01:43:37,260 --> 01:43:38,320
two proposals.

1414
01:43:39,740 --> 01:43:41,360
Mr. Campion, then Mr. Bilbeck.

1415
01:43:42,740 --> 01:43:49,300
I just want to clarify, to me, the process should be, we evaluate, and we evaluate

1416
01:43:49,300 --> 01:43:54,660
project on its merits. And if we decide to reject both, we have the option to reopen

1417
01:43:54,660 --> 01:44:01,420
the RFP project, not. We just, you know, go to the projects out and we kind of start it all

1418
01:44:01,420 --> 01:44:07,080
over without that a value of process. The second piece I guess I would offer is, we're custodians

1419
01:44:07,080 --> 01:44:13,880
of buildings and dollars, but we're also custodians of the public trust. And we have to understand

1420
01:44:13,880 --> 01:44:25,820
and that not presenting a process that maintains integrity and transparency, it betrays our need

1421
01:44:25,820 --> 01:44:27,820
to facilitate that public trust.

1422
01:44:29,380 --> 01:44:32,240
And it's probably more valuable than the buildings.

1423
01:44:32,680 --> 01:44:37,740
The people's trust that the government is working in their interests, and we'll work in their interests

1424
01:44:37,740 --> 01:44:49,680
in a way that's transparent, is invaluable, and so I guess I'll leave it at that. I think we have to move forward with what we have.

1425
01:44:50,020 --> 01:44:54,580
Mr. Bill, I agree with Mr. Campion. I mean, here's one of the things we talked about earlier.

1426
01:44:54,960 --> 01:44:59,880
And there was another one, remember that requested to be heard after the deadline.

1427
01:45:00,180 --> 01:45:30,000
And that person that proposal never came forward to my knowledge. Now, again, we said there was a deadline. We advertised this three, four months in advance. It wasn't like, okay, next week we're going to take proposals. Please have it done. That's not the case. And again, this is, I do agree with Mr. Camp again. And this is a trust issue of the public that we said this is a date. This is a date.

1428
01:45:30,000 --> 01:45:33,120
We're trying to about a very valuable piece of property.

1429
01:45:33,740 --> 01:45:35,780
Piece of property that many groups would want.

1430
01:45:36,320 --> 01:45:39,220
I think we evaluate the two prep proposals that we received,

1431
01:45:40,040 --> 01:45:43,620
and we either select one, or we pass them both out,

1432
01:45:44,060 --> 01:45:46,260
and then we can re do an RFP.

1433
01:45:46,600 --> 01:45:51,020
I, with Mr. Camp, and I did not spend a lot of time reviewing it.

1434
01:45:51,020 --> 01:45:54,020
I looked at the title, and I did nothing more with it at that point.

1435
01:45:56,770 --> 01:45:58,030
So let me ask a question.

1436
01:45:58,030 --> 01:46:04,670
And let's assume that we disavow the third proposal, the comment, and I'm the one that

1437
01:46:04,670 --> 01:46:09,510
probably made it, the comment that we could outright sell the building, would that also

1438
01:46:09,510 --> 01:46:16,790
be not considerable because it was raised as an option after the RFP process concluded?

1439
01:46:17,850 --> 01:46:19,130
Can we not sell a proper?

1440
01:46:19,690 --> 01:46:23,870
I guess I don't remember when you said that I thought that that conversation had taken

1441
01:46:23,870 --> 01:46:31,190
please prior to, but with that if it was after the fact, if we don't accept any of the proposals,

1442
01:46:32,150 --> 01:46:37,350
if we re submit or as a council we feel the best interest of the city is to sell the

1443
01:46:37,350 --> 01:46:42,490
property, then that's what we will do. But we look at what came in prior to that date.

1444
01:46:43,290 --> 01:46:47,470
I would look at his means.

1445
01:46:48,770 --> 01:46:50,310
I submitted a letter also.

1446
01:46:50,590 --> 01:46:50,970
It wasn't.

1447
01:46:51,710 --> 01:46:54,030
It's only as council members.

1448
01:46:54,690 --> 01:46:55,730
Campions letter.

1449
01:46:56,190 --> 01:46:58,450
But in essence, it's the same message.

1450
01:47:00,010 --> 01:47:00,890
I think

1451
01:47:03,740 --> 01:47:09,500
I'm concerned about what the public will think about us.

1452
01:47:09,960 --> 01:47:14,420
Pretty mere trust in us to make good decisions about

1453
01:47:16,580 --> 01:47:18,580
including a third

1454
01:47:20,910 --> 01:47:31,370
project to reconsider for the Army when it's after the deadline, it just does the same like a fair way to move forward on this.

1455
01:47:31,850 --> 01:47:41,670
I would prefer that we would have the two. There was no commitment to make a selection of the two, is that we call President Seaver.

1456
01:47:41,670 --> 01:47:45,630
You said you let them know in a couple of weeks is that correct?

1457
01:47:45,950 --> 01:47:49,690
What I read the decision was, so we're going to have another discussion about this.

1458
01:47:49,790 --> 01:47:53,090
It would seem based on the way I understand it.

1459
01:47:53,210 --> 01:48:01,890
And if we find that these two do not meet the standards that we expect, or not in the best interest of the taxpayers,

1460
01:48:03,590 --> 01:48:09,930
then I think you can reject them, but I don't think at this point we can include

1461
01:48:15,690 --> 01:48:21,690
I think it's the option of selling the buildings a little bit of a strawman at this point because

1462
01:48:21,690 --> 01:48:26,130
that somebody could have proposed that as an option prior to the required submission date.

1463
01:48:26,490 --> 01:48:28,930
And we could have considered that with the other two proposals as well.

1464
01:48:29,290 --> 01:48:31,730
So I guess I think we have two proposals on a table.

1465
01:48:31,950 --> 01:48:34,850
My personal view is one of them has a lot of validity too.

1466
01:48:34,930 --> 01:48:36,590
And the second one I've requested more information.

1467
01:48:36,770 --> 01:48:38,510
I'm looking into the financials a little bit more.

1468
01:48:38,510 --> 01:48:43,650
So I'm happy to, you know, first of all, go to the path of those who follow the process that we set up.

1469
01:48:48,500 --> 01:48:54,520
Mr. Ruskin, I guess I'd like to ask staff why the date was picked that we picked for the RP deadline.

1470
01:48:59,420 --> 01:49:02,940
The RFP went out back in September of last year.

1471
01:49:03,280 --> 01:49:07,520
We gave them to six months, essentially, to March 31 of this year.

1472
01:49:07,900 --> 01:49:14,540
And then with the presumption that that would leave us adequate time to essentially negotiate and work out the terms of the

1473
01:49:14,540 --> 01:49:20,420
So, you know, whatever agreements we would have to put together with, whichever party may

1474
01:49:20,420 --> 01:49:31,300
be selected to as the party that would be able to utilize the building, figuring that

1475
01:49:31,300 --> 01:49:36,060
the building would be available probably around sometime in the first quarter of next year,

1476
01:49:36,220 --> 01:49:40,500
so we thought we'd have six to nine months to get all the terms of agreements worked out.

1477
01:49:41,240 --> 01:49:46,740
I would note that the RIP says you can reject any and all proposals, so that's in there.

1478
01:49:48,260 --> 01:49:53,560
And obviously if you can reject any and all of them, you can consider if you want to go the process,

1479
01:49:54,160 --> 01:50:00,740
where you're just going to consider these two initially, you can still say at the end of that,

1480
01:50:00,760 --> 01:50:03,420
that we're going to consider other options including selling the building.

1481
01:50:04,840 --> 01:50:07,500
It's a city's building, you can do what you want with it.

1482
01:50:07,500 --> 01:50:12,120
It's a procedural question you're dealing with, but selling the building is certainly not

1483
01:50:12,120 --> 01:50:13,780
off the table as one of the options.

1484
01:50:14,980 --> 01:50:19,680
Well, like the follow-up, I think the integrity aspect is important and the guidelines

1485
01:50:19,680 --> 01:50:20,960
that we set out are important.

1486
01:50:21,820 --> 01:50:26,980
It's hard not to read over a third one and then apply that in your thinking as you move

1487
01:50:26,980 --> 01:50:27,280
forward.

1488
01:50:27,920 --> 01:50:31,540
We had a separate RFP proposal in the same thing happened.

1489
01:50:31,540 --> 01:50:35,640
We got one in a deadline and then the other one came in, they said the next day they

1490
01:50:35,640 --> 01:50:39,820
actually three days late, you know, those things happen sometimes, where things aren't all

1491
01:50:39,820 --> 01:50:43,160
as it puts you in a test spot, because we consider an adult, and I understand what we're

1492
01:50:43,160 --> 01:50:49,260
saying here that we know we said this, so we should stick by it, but we're also are looking

1493
01:50:49,260 --> 01:50:55,320
to make good financial decisions for our city if we can save 152,000 dollars a year, our

1494
01:50:55,320 --> 01:50:59,620
tax payers and our citizens expect us to be able to put those decisions to us.

1495
01:50:59,640 --> 01:51:05,620
So it does put us in a tough position, and I guess I'm okay with keeping it as it is, but

1496
01:51:05,620 --> 01:51:12,260
knowing what I know and my knowledge got three proposals because I've read the other one.

1497
01:51:13,900 --> 01:51:20,620
And I suppose I agree with Mr. Campion that the integrity and transparency are vitally important.

1498
01:51:23,020 --> 01:51:25,620
But then also as Mr. Hickey said, we want to get it right,

1499
01:51:25,820 --> 01:51:32,000
or at least as best we can, using whatever information we have at our disposal.

1500
01:51:32,000 --> 01:51:39,060
so that it does make it somewhat of a dilemma, although I'm sure this happened in the legal

1501
01:51:39,060 --> 01:51:46,100
arena all the time for whatever reason, things are termed as inadmissible, or after the

1502
01:51:46,100 --> 01:51:53,540
fact, and sorry you didn't follow the rules, so that's the way it works. So I understand that

1503
01:51:53,540 --> 01:52:01,060
if you're president in other settings where what might perhaps make sense from a common sense

1504
01:52:01,060 --> 01:52:08,060
standpoint when you're following the rules and procedure and as a quasi-judicial body we're

1505
01:52:08,060 --> 01:52:16,060
obligated to do that. So that's why I can support not looking at that third proposal at this

1506
01:52:16,060 --> 01:52:23,260
time. Mr. Wood, I think the financials here are important. There's no doubt about it but I don't think

1507
01:52:23,260 --> 01:52:28,000
it's the only thing down here and you know as I say it previously I think there's a lot of people in

1508
01:52:28,000 --> 01:52:31,860
community who feel a little bit left out a little bit hurt about, you know, how some of the

1509
01:52:31,860 --> 01:52:35,440
changes downtown, whether or not they're truly related to DMC, are affecting them.

1510
01:52:35,540 --> 01:52:39,820
And there are a lot of people looking for creative outlets that either one of the proposals

1511
01:52:39,820 --> 01:52:45,720
could possibly help with. And, you know, it's, you know, we, we know that we could sell this land

1512
01:52:45,720 --> 01:52:50,600
for a lot of money. We could turn a real nice profit selling this off, leveling the old armory,

1513
01:52:50,780 --> 01:52:56,440
having the best bond of surface parking lot redeveloped. But the people of Rochester

1514
01:52:56,440 --> 01:53:01,960
are really care about the arts being accessible down town, and these are a couple proposals

1515
01:53:01,960 --> 01:53:08,720
that potentially do that. So, well, the finances are very important, making sure down town

1516
01:53:08,720 --> 01:53:12,440
is welcoming to the people who want those resources down town available for them. It's

1517
01:53:12,440 --> 01:53:15,880
pretty important too. And that's why I'm giving these other two proposals, pretty serious

1518
01:53:15,880 --> 01:53:21,340
consideration. Mr. Ruskin, I guess two words learned here over the last few weeks by

1519
01:53:21,340 --> 01:53:25,160
all groups. Maybe there's a different combination and a better plan out there that could

1520
01:53:25,160 --> 01:53:31,180
possibly happen to, so, you know, I guess we'll see how this plays out.

1521
01:53:32,000 --> 01:53:32,420
That is true.

1522
01:53:33,720 --> 01:53:39,680
So, I'm sensing that there's a consensus that we not consider the third proposal,

1523
01:53:39,960 --> 01:53:44,940
but I'd like to have that in some, I will move that we'll not,

1524
01:53:44,960 --> 01:53:49,440
where we find the third proposal, not, does not comply with our RFP process,

1525
01:53:49,540 --> 01:53:51,560
and we will not consider it.

1526
01:53:53,920 --> 01:53:56,560
second by Mr. Campion in any further discussion.

1527
01:53:58,460 --> 01:54:03,600
So, but obviously depending on how these other two proposals, I mean this RFP process may open up again.

1528
01:54:03,800 --> 01:54:06,700
So, at this time we're not considering what that makes sense.

1529
01:54:06,920 --> 01:54:08,000
Sure. That's true.

1530
01:54:08,560 --> 01:54:09,620
All right. I'll call the question.

1531
01:54:09,720 --> 01:54:11,720
All those in favor indicate by saying aye.

1532
01:54:11,760 --> 01:54:12,240
All right.

1533
01:54:12,340 --> 01:54:14,540
Any opposed? Any abstentions?

1534
01:54:14,980 --> 01:54:15,760
Motion carries.

1535
01:54:16,500 --> 01:54:19,020
Thank you for indulging me on that topic.

1536
01:54:19,020 --> 01:54:22,380
is there any, is there any, is there any, is there any, is there any?

1537
01:54:22,500 --> 01:54:27,140
I'm your, what circumstances would you reconsider the term, school?

1538
01:54:27,760 --> 01:54:33,540
I would surmise that we would, for whatever reason, decline the other two proposals and decide

1539
01:54:33,540 --> 01:54:38,100
to reopen the RFP process, then it could be submitted and considered.

1540
01:54:39,140 --> 01:54:42,960
I will, I will throw in our possibility, too, is there's the, you can begin negotiations

1541
01:54:42,960 --> 01:54:47,500
with one, do a pilot trial with one and, you know, reassess after a year or two as well.

1542
01:54:47,780 --> 01:54:48,880
There's some lots of options.

1543
01:54:48,880 --> 01:54:49,840
we have.

1544
01:54:52,030 --> 01:54:55,250
They can come back with a change. I suppose it would matter whether it was a major

1545
01:54:55,250 --> 01:54:59,610
minor change. Well, we'll see what conditions we put on the approval.

1546
01:55:03,630 --> 01:55:06,350
I'm sorry, I had to slip that.

1547
01:55:08,050 --> 01:55:10,950
Yeah, all right. That seemed a little bit early.

1548
01:55:11,350 --> 01:55:15,270
Obviously, it was an order of jokes. This is time. Yeah. All right. Is there any other business?

1549
01:55:16,350 --> 01:55:18,930
So I would entertain a motion to recess.

1550
01:55:20,870 --> 01:55:21,750
Motion to remover.

1551
01:55:22,290 --> 01:55:25,670
Second, I must re-wrote all in favor indicate by saying aye.

1552
01:55:27,030 --> 01:55:27,330
All right.

1553
01:55:27,650 --> 01:55:28,750
The meeting is recessed.

1554
01:55:28,750 --> 01:55:31,210
I will call the order of the economic development authority.

1555
01:55:32,790 --> 01:55:34,390
Moving to our consent agenda.

1556
01:55:34,990 --> 01:55:35,270
Move approval.

1557
01:55:36,510 --> 01:55:36,930
Motion to remover.

1558
01:55:37,150 --> 01:55:39,190
Second, I must re-wrote all in favor.

1559
01:55:39,610 --> 01:55:40,550
Second, I must re-wrote both sets of minutes.

1560
01:55:40,870 --> 01:55:41,430
Any discussion?

1561
01:55:42,370 --> 01:55:44,350
All in favor then indicate by saying aye.

1562
01:55:44,350 --> 01:55:51,750
Aye. Aye. Any opposed? Any abstentions? Motion carries. Reports item D1, tiff district 32-1 for

1563
01:55:51,750 --> 01:55:57,350
Valley side estates, forth, de-certification. If there are no questions, that would

1564
01:55:57,350 --> 01:56:02,950
be deemed doable. Second, motion by Mr. Campion, second by Mr. Hickey, any discussion?

1565
01:56:04,230 --> 01:56:09,270
All those in favor then? Indicate by say and aye. Aye. Any opposed? Any abstentions? Motion

1566
01:56:09,270 --> 01:56:13,870
carries. Item D2 is a resolution of proving the issuance and sale of a health care

1567
01:56:13,870 --> 01:56:20,290
facility revenue note series 2016 and authorizing the execution of documents relating there

1568
01:56:20,290 --> 01:56:25,630
too for community dental care project. If there are no questions, I would enter any motion.

1569
01:56:25,930 --> 01:56:31,190
Move a rule. Second, the motion on Mr. Campion. Second, my Mr. Builder back. Any discussion?

1570
01:56:32,270 --> 01:56:37,950
Hearing none, all those in favor indicate by saying aye. Aye. Any opposed? Any abstentions? Motion

1571
01:56:37,950 --> 01:56:42,490
carries. If there is no other business, I'd enter a motion to adjourn the EDA. Move to adjourn.

1572
01:56:42,490 --> 01:56:46,610
Thank you. Motion by Mr. Campion. Second by Mr. Hickey. All in favor.

1573
01:56:46,890 --> 01:56:51,230
Indicate by saying aye. Aye. Aye. Any opposed? Any abstention? Motion carries.

1574
01:56:51,950 --> 01:56:57,190
I will call back into order the City Council meeting for July 18, 2016.

1575
01:56:57,850 --> 01:57:01,330
And ask for a motion to adopt the findings of the EDA.

1576
01:57:01,670 --> 01:57:02,410
Move to adopt.

1577
01:57:03,210 --> 01:57:09,170
So motion by Mr. Campion. Second by Mr. Hickey. Any discussion?

1578
01:57:09,910 --> 01:57:17,730
All those in favor then indicate by saying aye aye any pose any abstentions motion carries if there is no other business

1579
01:57:17,730 --> 01:57:22,770
Identical motion to adjourn motion is to camp the insect on this for Wojek

1580
01:57:23,870 --> 01:57:25,810
All in favor say aye