HomeMy WebLinkAbout05-06-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4664 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
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The meeting was called to order by President Hunziker at 7:00 P.M. with the
following members present: Councilmembers Evans, Hruska, Marcoux,
McConnell, Senjem, Stobaugh. Absent: None
A Hearing on Vacation Petition #96-2 by FoxCroft Corporation to Vacate a
Portion of the 25' Wide Utility Easement Located Across Lots 8 and 9, Block 1,
FoxCroft Second Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 208-96 vacating a portion of the 25' wide utility easement located across
Lots 8 and 9, Block 1, FoxCroft East Second Subdivision. Ayes (7), Nays (0).
Motion carried.
A Hearing on local improvement Project No. 6205-A-96A (J-2239) "Replacement
of Watermain in Conjunction with the Reconstruction of Civic Center Drive and
11th Avenue N.W., State Aid Project 159-114-10".
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No.
209-96 ordering the making of Project No. 6205-A-96A (J-2239) "Replacement of
Watermain in Conjunction with the Reconstruction of Civic Center Drive and 11th
Avenue N.W., State Aid Project 159-114-10". Ayes (7), Nays (0). Motion
carried.
A Hearing on Final Plat #96-1 to be known as Northern Heights North First
Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
210-96 approving Final Plat #96-1 to be known as Northern Heights North First
Subdivision with the eight conditions recommended by the Planning Department.
Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II, Conditional Use Permit #96-1 (Restricted
Development, Preliminary Plat) by Richard Arend to Permit Mining Activities in
the R-1 District.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996 4665
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Wishing to be heard was Richard Arend, 4028 Tenth Avenue N.W., the applicant
for the permit. Mr. Arend was concerned about condition #8 ; the requirement for
a bond or other security acceptable to the City to make sure that the restoration
and maintenance of the area is maintained. He stated that no bonding company
or bank would grant anything for an 18-year period of time even if a dollar
amount could be put on something like this.
Richard Freese, Public Works Director, said that some alternative other than a
bond, such as a letter of credit, could be acceptable but that he would need to
work with the individual developers to arrive at a reasonable amount of security.
Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W.. Mr. DeWitt
stated that he does not feel that the bond issue is anything that is even needed.
He said that the developers will protect the sewer line because of the liability if
they don't and that the property will be restored because they have an
investment in it.
Terry Adkins, City Attorney, noted that the condition was placed on the other
Conditional Use Permits for this area and removal of the condition for this
applicant would cause complications with the other Permits already issued.
Wishing to be heard was Mitzi Alex Baker, Construction Management Services,
asking that the Council move forward with the Permit and waive the Final
Development Phase of the project.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
211-96 approving Conditional Use Permit #96-1 by Richard Arend for a period of
18 years ending February 5th, 2004 with the eight conditions as recommended
by the Planning Commission. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Hruska seconded, to waive the Final
Development Phase for the project. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-8
to be known as Manorwood Lakes Second Subdivision.
Wishing to be heard was Chuck DeWitz, 604 11th Avenue N.W., the applicant.
Mr. DeWitt indicated that he had no objection or had conformed to 10 of the 11
conditions placed upon the project by the Planning Commission. Condition #10,
he felt, was " holding him hostage" because without agreeing to the park
dedication provision, his project would not be approved. Mr. DeWitt stated that,
because of that reason, he would agree to Condition #10.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
Agenda
Item
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Councilmembers Hruska moved, Stobaugh seconded, to approve Land
Subdivision Permit #96-8 for Manorwood Lakes Second Subdivision with the 11
conditions as recommended by the Planning Commission and instruct the City
Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7),
Nays (0). Motion carried.
A He on Final Plat #96-8 to be known as Golfview Estates Second
Subdivision.
Wishing to be heard was Louis Yockey, McGhie and Betts, 1648 Third Avenue
S.E., representing the applicant and available for any questions from the Council.
He noted that the grading plan has been revised and will be submitted to Public
Works.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Senjem seconded, to adopt Resolution No.
212-96 approving Final Plat #96-8 Golfview Estates Second with the four
conditions recommended by the Planning Commission. Ayes (7), Nays (0).
Motion carried.
A Hearing on Final Plat #96-10 to be known as Hampton Rhodes Third
Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
213-96 approving Final Plat #96-10 Hampton Rhodes Third with the three
conditions recommended by the Planning Commission. Discussion.
Councilmember McConnell asked the makeup of the housing units. Don
Borcherding, Yaggy-Colby, replied that he thought they were one to one and
one-half story units.
Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #96-7 to be known as Northern Heights East 12th
Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No.
214-96 approving Final Plat #96-7 Northern Heights East 12th with the five
conditions recommended by the Planning Commission. Ayes (7), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996 4667
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B-9 IA Hearing to Amend the 1994 Final Statement - Community Development Block
Grant (CDBG) Program.
Wishing to be heard was Mark Halbakken, 2527 15th Street S.E., concerned that
the monies to be reappropriated and used for housing assistance would be used
by individuals in town who use public funds time and time again because they
know their availability . He felt that if we don't stop giving more and more, they
will never move on.
Dave Olson, City Administrator's Office, explained that the funds were originally
appropriated for the fuel assistance program but because CAP was able to
secure additional funding, very little monies were used. If the City does not
amend the award, the funding will stay with CAP in the fuel assistance program
and could, at some point, come back to the City.
Having no one further wishing to be heard, President Hunziker closed the
hearing. -
Councilmembers McConnell moved, Stobaugh seconded, to amend the 1994
final statement for the Community Development Block Grant Program providing
emergency housing assistance through the Community Action Program (CAP) for
housing related crisis caused by property condemnation. Discussion. Ayes (5),
Nays (2). Councilmembers Hruska and Senjem voted nay.
C-1 - Councilmembers Evans moved, Hruska seconded, to approve the following
C-14 consent agenda items:
C-2 Approve the donation of $1595.00 from the American Legion to the Fire
Department budget for the publication of Fire Safety Booklets. Councilmember
McConnell wanted to express his thanks to the organization for another donation
in a long line of patriotic donations that have been given in the past.
C-3 Adopt Resolution No. 215-96 authorizing the Fire Department to apply to the
Yamaha Public Safety/Law Enforcement Loan Program for one Yamaha
"WaveRunner".
C-4 Adopt Resolution No. 216-96 approving Change Order No. 5 for the Fire
Department Station Project adding $1.442.00 to the original amount.
C-5 Adopt Resolution No. 217-96 approving Change Order No. 1 in the amount of
$4,607.00 for the replacement of underground fuel tanks at the Rochester
International Airport.
C-6 Approve the following licenses, bonds and miscellaneous activities:
Gambling
Community Youth Mentorship Program - raffle on July 29, 1996 at Rochester
Golf and Country Club (waived 30 day holding requirement)
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
466g CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
Agenda
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Heating Contractor
Wayne Mike Decklever DBA Mike's Heating and Cooling, Rochester, Minnesota
Master Installer
Wayne Mike Decklever, Rochester, Minnesota
Sidewalk Construction
Jech Excavating, Elgin, Minnesota
Tom Thieman DBA S & T Masonry, Incorporated, Dodge Center, Minnesota
Sign Installation
Attracta Sign, Incorporated, Minneapolis, Minnesota
Miscellaneous Street Use
Olmsted County Memorial Association Parade & Service - May 27, 1996
City Public Works Department - Bus, Bike or Pool Parade - May 16, 1996
Olympic Torch Run Committee - June 1, 1996
Rochester '76 Lions Club - White Cane Days - June 17-23, 1996
Adopt Resolution No. 218-96 approving a Sound Amplification Permit and waiver
of the time limitation for the Salvation Army to hold outdoor church services at
115 First Avenue N.E., July 7th and August 18th, from 7:00 to 8:30 P.M.
Adopt Resolution No. 219-96 approving a Sound Amplification Permit and waiver
of the "time limitation for the Fourth Annual Pig Roast at Essex Park, June 8th,
3:00 P.M. to dusk.
Approve the Accounts Payable in the amount of $1,374,104.75.
Adopt Resolution No. 220-96 authorizing the Mayor and Council President to
sign Form LPA-C1, Certification of Local Performance Measures for Local
Performance Aid payable in 1997.
Approve the Quarterly Investment Report submitted by the Finance Department.
Approve the appointment of Susan Nelson to the Citizen's Advisory on Transit
Committee. The appointment is for three years running to 1999.
Adopt Resolution No. 221-96 adding Paragraph (87.3) to Chapter E "Passenger
Loading Zones" of the Comprehensive Traffic and Parking Resolution Book to
read: (B'nai Israel Synagogue)
(87.3) Seventh Avenue S.W. on the east side, 5 stalls for the premise known as
621 Second Street S.W., Sundays 9:00 A.M. to 1:00 P.M. Only.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996 4669
Agenda
Item
C-14 I Adopt Resolution No. 222-96 adding Paragraph (318) to Section B - No Parking
Zones to read:
(318) Rocky Creek Drive on both sides from CSAH 22 to one block south of
CSAH 22 to one block south of CSAH 22, At All Times.
C-1 Councilmember Hruska noted that he had voted nay on item E-1 in the April 15th
Council meeting dealing with the Police/School Liaison Officer. He stated that he
totally supports the program but voted nay because he wanted to see an effort
in trying to get some funds that the schools are getting and some grants, which
he understands are now being pursued.
Councilmembers McConnell moved, Senjem seconded, to approve the minutes
of the April 15th, 1996 meeting as amended and the minutes of the April 22nd,
1996 meeting as written. Ayes (7), Nays (0). Motion carried.
D-1 Wishing to be heard was Tom Hexum, 1000 Rocky Creek Drive, concerned
about the recommendation for no parking on Rocky Creek Drive. He was
assured that the parking resolution did not affect where he resides.
D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson
pointed out that the federal monies that the Council spends locally is not "free"
monies but comes from the taxpayers' pockets and that they should be more
objective as to how it is spent.
E-1 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 223-
96 transferring specific elections functions to Olmsted County beginning with the
1997 election. Ayes (7), Nays (0). Motion carried.
E-2 ICouncilmembers Evans moved, McConnell seconded, to cul-de-sac 26th Street
N.E. at the intersection with East Circle Drive. Discussion.
Letters opposing the closing of 26th Street were received from Scott Rohlik,
General Manager of High Plans Cooperative, and Roger Payne, Payne
Company. Both individuals indicated that Northern Heights East area was
platted with 26th Street as a through street and that closure would hamper traffic
flow and development of the area. It was also pointed out that the City currently
has an owner contract with Payne Company and Friedrich Construction for the
completion of 26th Street N.E.
A petition from approximately 100 residents in the Northern Heights East Park
area was received requesting the Council to cul-de-sac 26th Street. The concern
of the individuals was the increased traffic along Viola Heights Drive because of
the planned development and the building of the new high school.
The zoning for the area was also raised. In 1990 the area designation was B1-b,
"commercial"; in 1995 13.8 acres was rezoned at the corner of Viola Road and
CSAH 22 to the B-1 designation.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4670 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
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Mr. Bill Fessler, 2416 Viola Heights Drive N.E. informed the Council that he had
been told by the Planning Department that the commercial developments would
be of an 8AM-5PM nature and would not include all-night convenience stores,
etc.
Alternatives, such as a "choker" or other traffic restrictions to ease traffic were
suggested. Councilmember Senjem said that he would like to see the Council
work with Olmsted County and the Mormon Church to open a driveway access
onto CSAH 22.
The original motion was voted on for a cul-de-sac on 26th Street N.E. Ayes (3),
Nays (4). Motion failed. Councilmembers Marcoux, Senjem, Stobaugh and
President Hunziker voted nay.
Councilmember Evans moved, Stobaugh seconded, to approve option #7 of the
City Traffic Engineer's April 15, 1996 report, and recommend placing a traffic
choker at the west end of 26th Street N.E. at the intersection of Viola Heights
Drive to restrict eastbound traffic movements onto 26th Street N.E. reduce non -
neighborhood thru-traffic in the neighborhood. Ayes (7), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Evans seconded, to refer the proposed
regulation of the presentation of information on adult business windows or signs
to the Planning and Zoning Commission for review and recommendations. Ayes
(7), Nays (0).
Councilmembers McConnell moved, Stobaugh seconded, to instruct the City
Attorney to prepare an ordinance amending incorporating the proposed noise
control regulations covering radios, tape and disc players. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to withdraw the
proposed amendment to the Zoning Ordinance by which an interim ordinance
would have been adopted and to table the General Development Plan for 60
days pursuant to the written waiver from Western Walls dated May 3, 1996.
Discussion.
Councilmember Senjem asked that information be brought to the Council at the
first meeting in July as to the progress that has been made.
Ayes (7), Nays (0). Motion carried
Councilmembers McConnell moved, Senjem seconded, adopt Resolution No.
224-96 paying to Kane and Johnson in the amount of $11,607.00 for services
rendered in the Depot project but that no additional compensation for re -design
be approved. Discussion.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6. 1996 4671
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The Council expressed hesitancy on continuing with the project. They were
concerned about the amount of monies already spent and no guarantee that with
a re -design the project could be accomplished. The Council was also uncertain
as to what uses were proposed for the building. Councilmembers Evans stated
that those individuals who were involved in the "Save the Depot" campaign
should raise the monies for the project. Mayor Canfield reiterated that the
project needed to proceed to provide a history center for the flood control project.
The original motion was voted upon. Ayes (7), Nays (0). Motion carried.
The project is to be scheduled for a committee -of -the -whole meeting to receive
further input from the Park Department and others on the use of the building.
E-7 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
225-96 approving the amendment to the Public Agency De Minimis PLP Group
Participation Agreement to allow additional cities to join under the terms
described for the Cameron -Yakima contamination site in the State of
Washington. Ayes (7), Nays (0). Motion carried.
E-8 Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No.
226-96 authorizing the City to contract with CPMI, Incorporated for additional
consulting services on an hourly rate basis on the settlement of a claim with
Lovering Johnson on the Civic Center Parking Ramp project. Ayes (7), Nays (0).
Motion carried.
E-9 Councilmembers McConnell moved, Evans seconded, to approve an additional
$2,000 .00 in compensation to CPMI, Incorporated for services rendered on the
Civic Center Expansion project. Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
227-96 authorizing the Mayor and City Clerk to sign the lease of airport property
with Leon DeCook for use as a golf course. Ayes (7), Nays (0). Motion carried.
E-11 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No.
228-96 to Elcor Construction for $416,868.50 for the 1996 Airport paving
projects. Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers Senjem moved, Stobaugh seconded, to approve the following
Public Utility Board actions:
Resolution No. 229-96 approving a purchase order agreement with Pacific Air
Switch Corporation for six 161 kV disconnect switches in an amount not to
exceed $43,836.00.
Resolution No. 230-96 approving a purchase order agreement with Burmeister
Electric Company for one 161 kV fault interrupting device in an amount not to
exceed $35,900.00.
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
Agenda
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Councilmembers Stobaugh moved, Evans seconded, to approve an On -Sale
Intoxicating Liquor and Sunday License for Lorraine Benike for MaMa B's at 11
Fourth Street S.E. pending departmental approvals. Ayes (7), Nays (0). Motion
carried.
Councilmembers Mcconnell moved, Marcoux seconded, to adopt Resolution No.
231-96 granting a leave of absence for Ronald Wegman from April 22, 1996 until
April 22, 1997. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
232-96 approving a meet and confer agreement with Lieutenants and Captains of
the Rochester Police Department. Ayes (6), Nays (0), Abstain (1). Motion
carried. Councilmember Senjem abstained.
Councilmembers Hruska moved, Stobaugh seconded, to approve the Wetland
Impact and Replacement Plan for the West Circle Drive and US 14 Intersection.
Discussion.
Under State guidelines transportation projects allows the replacement of
wetlands through the State. However, Rochester's current ordinance, RCO
59.08, does not allow the replacement of wetlands outside of Olmsted County;
this project would approve using wetlands in Waseca and Aitkin Counties.
Councilmembers McConnell moved, Stobaugh seconded, to table item E-16 until
further information is forthcoming. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to approve the purchase of
telephone -controlled equipment and authorize the Mayor and City Clerk to
execute the agreement. Discussion.
Council members had questions about the equipment: would this make
scanners obsolete, what does the Sheriffs Office use, what happens when there
is an emergency and the cell phones jam.
Councilmembers Stobaugh moved, Senjem seconded, to table item E-17 for
further information. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
233-96 in support of MNDOT designing and implementing interim safety and
capacity improvements for the TH 52 corridor and associated frontage roads
between 6th Street SW and 19th Street NW. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No
234-96 authorizing staff to complete and execute the necessary documents
associated with the acquisition of Monson Property for the Rochester
International Airport at the sale price of $129,000.00, including all of the
associated contingencies. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6. 1996 4673
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E-20 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 235-96 authorizing staff to establish Just Compensation for land rights to be
acquired for the new NE Water Tower Site and corresponding watermain
extension (J-9288), using outside consultants as necessary, and to authorize the
City Attorney, at the direction of the City Administrator, to initiate eminent domain
proceedings if necessary. Ayes (7), Nays (0). Motion carried.
E-21 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No.
236-96 authorizing Just Compensation for land rights for the Sanitary Sewer
Relief Trunkline along the DM&E Railroad from Cascade Trunkline to 1500 feet
West of TH 52 (J-9367) and authorize the City Attorney, at the direction of the
City Administrator, to initiate eminent domain proceedings if necessary. Ayes
(7), Nays (0). Motion carried.
E-22 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
237-96 approving the City -Owner contract for Glendale Hills Second Subdivision
and require payment of the deferred assessments for Project J-9109 "Drainage
and Trunk Storm Sewer in Glendale First Subdivision" as outlined. Ayes (7),
Nays (0). Motion carried.
E-23 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 238-96 reapportioning the previously levied assessments for Project No.
9216 (J-9265) "Construction of Water Tower and Connecting Trunk Mains to
Serve the High Level District of the Northwest Area in Sections 7, 8, 9, 17, 20
and 21 of Cascade Township". Ayes (7), Nays (0). Motion carried.
E-24 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
239-96 authorizing the Mayor and City Clerk to sign assessment agreements
with each property owner in the Machinery Hill Subdivision for Project No. J-9361
"Watermain Extension" and adopt Resolutions No. 240-96, 241-96, 242-96, and
243-96 levying the postponed assessments from Project J-9266 "Airport Water
Tower" against the owners of the five benefitted parcels enumerated by the
assessment agreements. Ayes (7), Nays (0). Motion carried.
E-25 Councilmembers Senjem moved, Stobaugh seconded, to reconsider the action
taken by the Council at its April 15, 1996, meeting by which the City adopted an
assessment on Plat 5152 Parcel 000801 for Project No. 9216 (J-9265)
"Construction of Water Tower and Connecting Trunk Mains to Serve the High
Level District of the Northwest Area in Sections 7, 8, 9, 17, 20 and 21 of
Cascade Township". Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to remove from the
assessment roll approved on April 15, 1996, Plat 5152 Parcel 000801 for Project
No. 9216 (J-9265) "Construction of Water Tower and Connecting Trunk Mains to
Serve the High Level District of the Northwest Area in Sections 7, 8, 9, 17, 20
and 21 of Cascade Township". Ayes (7), Nays (0). Motion carried.
4674
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996
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Councilmembers Evans moved, McConnell seconded, to adopt Resolution No.
244-96 entering into an engineering services agreement with CH2M-Hill
Engineers to design the RAS pipeline replacement for the Water Reclamation
Plant. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 245-
96 authorizing the holding of professional boxing or sparring exhibitions in the
City of Rochester by Tuffy's, Incorporated. Ayes (7), Nays (0). Motion carried.
An Ordinance Creating Subdivision 5 of Section 85.10 of the Rochester Code of
Ordinances, Relating to the Control of Noises from Radios, Tape Players and
Disc Players in the City of Rochester was given a first reading.
An Ordinance Amending and Reenacting Subsection 7-of Section 62.2-78 of the
Rochester Code of Ordinances, Relating to Recreational Vehicle Parking was
given a second reading. Councilmembers McConnell moved, Stobaugh
seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota, was given a second reading. Councilmembers Stobaugh
moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried. (Rezone to B-4 property located at the corner of 48th Street
S.W. and TH 63 - Reynolds -Schultz)
An Ordinance Creating Section 3.001, Amending Sections 3.06 and 4.05, and
Repealing Sections 3.10 and 4.04, of the Home Rule Charter of the City of
Rochester, Relating to the Filling of Vacancies in Elected Offices; Succession In,
was given a second reading. Councilmembers Stobaugh moved, Hruska
seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
An Ordinance Amending Section 15.05, Subd. 4, of the Home Rule Charter of
the City of Rochester, Relating to the Utility Boards' Responsibility for Collecting
Unpaid Utility Service Charges and Providing a Process for Certification of Such
Charges to the County Auditor for Collection with other Taxes, was given a
second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No.
246-96 entering into an Owner Contract with Golfview Development LLC and
Swenke Company for Project No. J-9370 "Basic Construction in Golfview Estates
Second Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
247-96 entering into an Owner Contract with Robert Gill, Richard Hexum, Sr.,
and Road Constructors, Incorporated for Project No. J-9375 "Basic Construction
in Glendale Hills Second Subdivision". Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - May 6, 1996 4675
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F-4 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No.
248-96 entering into an Owner Contract with Joel Bigelow and Sons Enterprises,
Incorporated and S.L. Contracting, Incorporated for Project No. J-9320 "Basic
construction in Manor Woods West Sixth Subdivision, Phase 11". Ayes (7), Nays
(0). Motion carried.
H-1 Councilmembers Marcoux moved, McConnell seconded, to accept the report
from the Combination Fire Department Study Committee's final report. Ayes (7),
Nays (0). Motion carried.
President Hunziker noted that the Committee members spent 11 months of their
time, heard much testimony, and came back with a report that they felt was in
the best interests of the City. On behalf of the Council, he wanted to thank the
Committee, staff , and Fire for the effort they put forth.
Having no further business, Councilmembers Stobaugh moved, Evans seconded,
to adjourn the meeting.
cting Ofty Clerk