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Home My WebLink About03-02-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 5195 1 Agenda Item A-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None. President Hunziker recognized Boy Scout Troop #83 chartered by Our Savior Church. The scouts attend Kellogg Middle School. B-1 A Hearing on Type III, Phase II Restricted Development Preliminary Plan #97-29 by Frank Kottschade to allow for the extraction of sand and gravel in the R-1 district and a Type III, Phase III Conditional Use Permit to allow extraction within the floodway of Willow Creek for property located south of 40th Street S.W. and west of TH 63 in part of Sections 26 and 27, Rochester Township. Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing Frank Kottschade. Mr. Arnold noted that the developer was in agreement with the 15 conditions proposed and an additional condition added by Mike Nigbur of the Public Works staff. He also noted the letter from Mr. Kottschade asking for waiver of the final plan. Mr. Kottschade is not opposing any of the 15 conditions, some of which are already satisfied or deal with construction related concerns. Mr. Nigbur has recommended that a 16th condition be added; i.e., "Truck traffic for the mining and related activities must use the haul road and access to 40th Street through the Keystone mining operation only". Mr. Arnold stated that they have no problem with this 16th condtion. Mike Nigbur, Public Works Department, stated that if the final plan is waived a recommendation that the applicant work with Public Works to incorporate standards of the Service Water Management Plan for water quality and quantity facilities and the DNR and the City should also be consulted regarding the feasibility of allowing Willow Creek to pass through those ponds. He stated that this recommendation was also a part of the approval for the Keystone Mining permit approved at the February 18th Council meeting; i.e., connection of the ponds. Mr. Arnold noted that the developer is not in agreement with the recommendation because the Water Quality Standards are not yet adopted. They have concerns about the standards themselves and about materials contained in the report, one of which enables 85 acres of all of the property as wetlands and they know that is not true. He also noted that the DNR is not in favor of connecting the ponds. Planning Staff noted that the revised site plan has been received and the 15 conditions are construction related and can be dealt with. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, noted that in regard to "proposed standards" in dealing with the Storm Water Management Plan, he suggested that the word "proposed" be stricken and that the standards be whatever is 5196 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2 1998 Agenda Item adopted. Mr. Arnold said that they would not be in agreement with a recommendation such as this; if standards do not apply now, they should not be included. Mr. Freese stated that this area has been identified as a major area that the City would like to impose some storm water management improvements within. There is some real potential in this area long term to incorporate some storm water management facilities in these areas; Mr. Kottschade's mining activiity helps in this regard. Mr. Freese asked that there be a condition that the applicant work with the City to try to incorporate things that he is doing and things that the City is trying to achieve in the Willow Creek Watershed for Storm Water Management from both a quality and quantity standpoint. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 123-98 with 16 conditions and with a comment that will be noted in the tape forever that it is the will of this Council that at some point as this thing evolves with respect to storm water, that applicant work with the City on issues related to good storm water practices in that area. Discussion. Councilmember Marcoux stated that the final plan review not be waived because of the importance of the storm water drainage at that point. Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. Councilmembers Marcoux moved, Hruska seconded, that the request for the waiver of the final plan be denied due to the fact that under Paragraph 60.532 item C has not been met. Mitzi Baker, Planning Staff, noted that conditions A, B, and C have been met at this time and that a subsequential review is not going to provide further information unless the Storm Water Management Plan is adopted prior to the final plan being adopted. Councilmember Marcoux withdrew her motion; Councilmember Hruska withdrew his second. Councilmembers Senjem moved, Evans seconded, to waive the final review phase. Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. B-2 A Hearing to Consider Local Improvement Project No. 6301 1/2-3-98 (J-9476) "Reconstruction of Alley in 300 Block Between 1st Avenue S.W. and 2nd Avenue S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 124-98 ordering Project No. 6301 1/2-3-98 (J-9476) "Reconstruction of Alley in 300 Block Between 1st Avenue S.W. and 2nd Avenue S.W." to be made. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 5 9 7 Agenda Item B-3 A Hearing to Consider the Levying of Assessments for Local Improvement Project No. 6301 1/2-3-98 (J-9476) "Reconstruction of Alley in 300 Block Between 1st Avenue S.W. and 2nd Avenue S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 125-98 approving the levying of assessments for Project No. 6301 1/2-3-98 (J- 9476) "Reconstruction of Alley in 300 Block Between 1st Avenue S.W. and 2nd Avenue S.W.". Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Vacation Petition #98-3 by, NEPSA Development Corporation to vacate the westerly 5 feet of the 25 foot sewer and watermain easement located on Lot 8, Block 2, the Aspens Subdivisions, located south of 2nd Street S.W., west of 23rd Avenue S.W., along the north side of Aspen Lane S.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Marcoux seconded, to adopt Resolution No. 126-98 approving Vacation Petition #98-3 by NEPSA Development Corporation but not including the easement abutting Aspen Lane nor the easement along the north boundary of Lot 8. Ayes (7), Nays (0). Motion carried. G-1 Councilmembers Hruska moved, Stobaugh seconded, to temporarily move the agenda to the G items. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to remove item G-1 from the table regarding Findings of Fact, Conclusions of Law related to Land Use Plan Amendment #97-5 and Zone Change #97-16 (Thede & Nelson). Wishing to be heard was Ken Moen, Dunlap and Seeger Law Office, representing Thede and Nelson. Mr. Moen stated that an agreement had been reached between the neighborhood to the west and the developer/owner for the zoning of the property. Two hundred forty feet (240) along the west edge of the property will remain R-1 with R-3 east of that and B-1 in the southeast corner of the property. There will also be an understanding with the Hunter Hills property owners that the landscape buffer will remain and there will be a no -build clause for the west side. The R-3 will be built into townhomes or single family residential dwellings. Wishing to be heard was John Lawson, 5606 22nd Avenue N.W. Mr. Lawson also noted the changes in the zoning for the area and thanked the Thedes and Jerry Nelson for their cooperation in this effort. Wishing to be heard was Don Vestweber, 1610 Kings Run Drive N.W. Mr. Vestweber is still concerned about the four corners of 18th Avenue and 55th Street and the commercial impact to this intersection and the Kings Run area. He also asked that the land use map be updated. When he moved to this area and contacted Planning, he was shown a 1979 map which was designated RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5198 Regular MPPting No Fi - March 9. 1 Aq8 Agenda Item C-2 to C-12 C-1 C-2 C-3 C-4 C-5 residential. He felt that if the Council plans to make changes in zoning in the future in the City, it be noted for future homeowners. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Findings of Fact to be drafted by the City Attorney which incorporate the agreement between the developer and the neighborhood to the west and to adopt Resolution No. 127-98 approving the changes in land use for 39.2 acres of land located at the Northwest Corner of 55th Street and 18th Avenue N.W. as proposed. Discussion. Councilmembers thanked the parties involved and noted the fact that when groups meet, good things can come from it. Councilmember Senjem expressed concern about the impact that the B-1 commercial will have to the traffic in the area. Councilmember Senjem moved to amend the proposed plan to change the B-1 to R-3 zoning. Motion failed for lack of second. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. Councilmembers Stobaugh moved, Marcoux seconded, to return to the C items on the agenda. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to approve the following consent agenda items: See at the end of the C items. Adopt Resolution No. 128-98 approving a revocable permit to Sandstone Corporation DBA Mariott Hotel to allow for a flag pole in the sidewalk in front of the hotel. Adopt Resolution No. 129-98 approving the Principles of Quality Service developed by the Customer Service Committee. Adopt Resolution No. 130-98 authorizing the City Clerk to advertise for bids to be opened at 2:00 P.M. on April 1, 1998 for the Second Street S.W. Skyway project linking the Pavilion Building to the Woolworth/Hilton project. Adopt Resolution No. 131-98 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. for Project No. J-6932 "Phase II Construction of Air Cargo Ramp, Concrete Paving, Airfield Lighting and Security Fencing" for the Rochester International Airport. C-6 I Approve the following licenses and miscellaneous activities: Gambling - Temporary 1 Bear Creek Services - Raffle at Radisson Hotel - March 6, 1998 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 5 1 9 9 Agenda Item Harriet Bishop School - Bingo for School PTSA - March 20, 1998 Master Installer Danny Rasmussen, Byron, Minnesota Sign Installers M & M Signs, Mankato, Minnesota Miscellaneous Street Use VFW Post 429 & Ladies Auxiliary - Annual Poppy Day Sales - May 8 and September 9, 1998 Minnesota Multiple Sclerosis Society - Annual Fundraiser Walk - April 19, 1998 Off -Sale Intoxicating Liquor - Annual Renewal Gus A. Chafoulias DBA Andy's Crossroads Liquor Andy's Warehouse, Inc. B & F Leasing DBA Apollo Liquor & Smoke Shop Deanna, Inc. DBA Apollo Wine & Spirits Randall's International, Inc. DBA Bear Creek Liquors PJG, Inc. DBA Buckeye Liquor Shirley Keehn DBA Hillcrest Liquor, Inc. Joe's Liquor, Inc. DBA Joe's Liquor Sunstone Hotel Properties, Inc. DBA Kahler Downtown Liquors MGM Wine & Spirits, Inc. DBA MGM Liquor Warehouse Northbrook Liquor, Inc. Peter H. McHardy DBA Plaza Liquor Sam's West, Inc. DBA Sam's Club #6427 Club On -Sale Liquor - Annual Renewal AFL-CIO Labor Club Bar DBA Labor Club William T. McCoy Post #92 DBA American Legion Post #92 Rochester Elks Lodge #1091 Fraternal Order of Eagles #2228 DBA F.O.E. #2228 Columbus Building Association DBA Knights of Columbus Loyal Order of Moose DBA Rochester Moose Lodge #2128 Rochester Golf & Country Club VFW Post #1215 Whitlock Sonnenberg On -Sale Wine - Annual Renewal Karla Sperry DBA Bilotti's Italian Restaurant Chardonnay, LTD. Hung FU Chu DBA China Dynasty GUO Xiao DBA China Garden RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5200 Regular Meeting No. 6 - March 2, 1998 Agenda Item Sunnareth Khorn DBA Combo Cuisine Cynthia Elizabeth Daube DBA Daube's Bakery & German Restaurant Denny's, Inc. DBA Denny's Restaurant #1368 D & D of Minnesota, Inc. DBA Famous Dave's BBQ Shack Nghi B. Sam & Cau Dang DBA Great China Restaurant Indian Garden, Inc. DBA India Garden John Hardy's Bar-B-Que, Inc. (929 West Frontage Road, Highway 52 North) John Hardy's Bar-B-Que, Inc. (1940 South Broadway) John C. Cokinos DBA John's Family Restaurant Powers Enterprises, Inc. DBA Legends of Rochester JADCO LLC DBA Valentino's of Rochester A & B Enterprises, Inc. DBA Waldo's Pizza Wong's Cafe, A General Partnership DBA Wong's Cafe Matthew's Food Service, Inc. DBA The Wright Stuff Restaurant & Catering Twin Ports Parthenow, Inc. DBA Zorbas Restaurant 63 Club of Rochester, Mn. Inc. DBA 60 Club On -Sale Intoxicating Liquor - Annual Renewal Apple American Lmtd. DBA Applebee's Neighborhood Grill & Bar Lorraine Corporation DBA Aviary Restaurant Equity Hotel Corporation DBA Bailey Pub/Splash Lounge Creative Cuisine, Inc. DBA Broadstreet Cafe & Bar/Redwood Room Brothers Bar & Grill, Inc. RSD, Inc. DBA C.J.'s Midtown Lounge Canadian Honker Restaurant & Catering Carlos O'Kelly's Mexican Cafe Peter Ray Henderson DBA Clubhaus Brew Pub Colonial Lanes/Brass Lantern Southeast Hotel LLC DBA Comfort Inn Charles Brannon DBA Crown Restaurant & Lounge Jorge Solis DBA Fiesta Mexicana Restaurant PaRo Enterprises, Inc. DBA First Class Restaurant/Goose Stop Lounge CMZ, Inc. DBA Henry Wellington/Newt's Sunstone Hotel Properties, Inc. DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Anthony Dahn, Inc. DBA Hunan Chinese Restaurant Chen -Si Wang DBA Hunan Garden Restaurant J.J.'s of Rochester, Inc. DBA J.J.'s Restaurant & Sports Bar John Barley Corne, Inc. Sunstone Hotel Properties, Inc. DBA Kahler Hospitality Services, Inc. Sunstone Hotel Properties, Inc DBA Kahler Hotel Sunstone Hotel Properties, Inc DBA Kahler Inn & Suites Sunstone Hotel Properties, Inc DBA Kahler Plaza Hotel GPK, Inc. DBA Kathy's Pub King's Crossing Bar & Grill Co., Inc. Dooley's, Inc. DBA McMurphy's Sports Cafe/Aquarius Nightclub Michael's Supper Club, Inc. DBA Michael's Restaurant LTB,. Inc. DBA Mugzee's 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 '5 2 01 Agenda Item CJC Enterprises, Inc. DBA North Star Bar BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. GMRI, Inc. DBA Red Lobster #439 Michael A. Tupa DBA The Riptide Bar & Grill Hinck Lounge, Inc. DBA RochesCheer Pub & Grill ROCL, Inc. DBA Rookies Sports Grill & Bar Shenanigan's, Inc. DBA Shenanigan's Great Western Fair, Inc. DBA Smiling Moose Bar & Grill Restech Partners, Inc. DBA TGI Fridays Victoria"s of Minnesota DBA Victoria's Restaurant Jimmy John Corporation DBA Wagon Wheel Steakhouse Grille & Bar Willow Creek Golf Course of Rochester, Inc. DBA Willow Creek Golf Course Consumption & Display Annual Renewal - 1 Sunday Liquor - 49 On -Sale 3.2 Percent Beer - 38 Off -Sale 3.2 Percent Beer - 15 Dance - 22 Bowlina - 2 C-7 Approve an On -Sale Wine License for Michael Ebler, owner of A & B Enterprises, Inc. DBA Waldo's Pizza at 1726 37th Street N.W., pending receipt of the required fees, insurance certificates and departmental approvals. C-8 Approve Accounts Payable in the amount of $514,536.49. C-9 Adopt Resolution No. 132-98 authorizing the Mayor and City Clerk to sign the property damage release form for the Central Park Fountain claim. C-10 Adopt Resolution No. 133-98 amending Paragraph (223.5) of Section B, "No Parking Zones" to read: (223.5) 19th Street N.W., on both sides of the street from the West Frontage Road of Trunk Highway 52 to 20th Avenue N.W., at all times. C-11 Adopt Resolution No. 134-98 amending Paragraph (141) to Section B, "No Parking Zones" to read: (141) 6th Avenue S.W., on the east side of the street from First Street S.W., at all times. Delete Paragraphs (143), (143.5), and (144) of Section B, "No Parking Zones". 5202 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No_ 6 - March 2, 1996 Agenda Item C-12 C-1 D-1 E-1 Delete Paragraph (86) of Section E, "Passenger Loading Zones" (Knob Hill Condominiums). Add Paragraph (86) to Section E, "Passenger Loading Zones" to read: (86) 6th Avenue S.W., on the east side of the street in the 200 block, 50 feet more or less in front of the premises known as Trinity Lutheran Church (2 spaces). Appoint the following persons to the Planning Commission: Bernard Cevera to fill the expired term of Thomas Bellinger, running to December 2000. Randy Staver to fill the unexpired term of Dorothy Haley running to December 31, 1998. Ayes (7), Nays (0). Motion carried. Councilmember Marcoux asked to have noted that her absence at the February 18, 1998 meeting was due to a meeting in St. Paul on the sales tax for the City of Rochester. Councilmembers Marcoux moved, Stobaugh seconded, to approve the minutes of the February 18, 1998 meeting. Ayes (7), Nays (0). Motion carried. There was no one wishing to speak during the public comment section. Councilmembers asked for further information on the make-up of the proposed franchise for a new Taxicab service for the City of Rochester. They were also informed that certain criteria such as employee drivers, 24-hour dispatcher service, etc. are all components of the ordinance that they must meet. Wishing to be heard was Steve Elwood, co-owner of the R & S Service in Rochester. Mr. Elwood noted that they have been in business in Rochester since 1990. He noted that R & S Service has recently erected a large facility on the S.E. side of town which presently houses their "Kids On the Go" and handicapped/medical transportation services. This facility would also house the taxicab service. He spoke to several seminars that are a part of the driver education and training including defensive driving, customer care, etc. As in reference to the ordinance, Mr. Elwood noted that there will be a minimum of 15 taxicabs at all times available He felt that the service would not be running for three to six months. Wishing to be heard was Jim Orke, representing Rochester Transportation Services, the present taxicab company in Rochester. Mr. Orke noted that the taxicab business is not an easy business. He stated that the drivers can be difficult at times even if they are employees of the business along with other pitfalls that will be found. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 5203 Agenda Item ° Councilmembers also discussed the situation with the Rochester Airport and the taxicab stops at various locations around town and how those potential problems might be addressed. Councilmembers also felt that competition might be good for the business and offer citizens another alternative. Councilmembers Evans moved, Stobaugh seconded, to approve the application from R & S Transport for a taxicab franchise service in the City of Rochester and instructed the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-2 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 135-98 awarding the contract to Knutson Construction for construction of the Third Street Parking Ramp in the amount of $4,495,000 which includes Alternatives No. 1, 2, 3, 4, and 5. Ayes (7), Nays (0). Motion carried. E-3 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 136-98 entering into a lease agreement with Mayo Foundation for parking in the Third Street Parking Ramp pursuant to nine (9) provisions of the lease. Ayes (7), Nays (0). Motion carried. The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo Foundation was noted. E-4 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 137-98 amending the River Ridge Development Assistance Agreement and Civic Square Parking Lot lease; the lease to be extended to December 31, 2043. Ayes (7), Nays (0). Motion carried. E-5 Councilmembers Evans moved, Stobaugh seconded, to adopt the following resolutions -approving Rochester Public Utilities actions: Resolution No. 138-98 entering into a contract with Davey Tree Expert for Tree Trimming for the 1998 year in an amount not to exceed $64,847.00. Resolution No. 139-98 entering into a contract with Hathaway Tree Service for Tree Trimming for the 1998 year in an amount not to exceed $38,040.85. Resolution No. 140-98 entering into a contract with Morton Buildings, Inc. for one (1) pole -type storage building at RPU Service Center including Alternate #1 in an amount not to exceed $58,647.00. Resolution No. 141-98 entering into a purchase order with RDO Equipment Company for one (1) Tractor Backhoe in an amount not to exceed $52,812.00. Resolution No. 142-98 decreasing existing electrical rates effective April 1, 1998 as follows: 2% decrease for Residential Service, Residential Service Dual Fuel, General Service, General Service Time -of -Use, City Street Lights, Traffic 5204, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No_ 6 - March 2, 1998 Agenda Item Signals, Highway Lighting, Security Lighting and Civil Defense Sirens. 4% decrease for Medium General Service, Medium General Service Time -of -Use, Large General Service, Large Industrial Service, and Interruptible. Councilmember Senjem noted a past problem with Hathaway Tree Service which will be looked into. Councilmember McConnell noted that he would rather the rate reduction would be evenly 3% for both residential and medium general service. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 143-98 entering into an Intergovernmental Agreement with the Minnesota Department of Transportation and Olmsted County for preliminary design services to be performed by Yaggy Colby Associates, Inc. for TH63 South from TH52 to south of 48th Street including freeway interchanges at 40th and 48th Streets. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 144-98 entering into a City -Owner Contract with Wedgewood Hills Subdivision for Project No. J-9427 "Basic Construction in Wedgewood Hills Subdivision - Phase II (Lots 20-29, Block 1; and Lots 15-24, Block 2)" and to allow Wedgewood Hills Subdivision to participate in the regional storm water management facility. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 145-98 establishing assessment rates for Project No. J-9423 "Extension of Sanitary Sewer to Rose Harbor First Subdivision Along 15th Street and Oak Court S.E.", establishing connection charge rates, recording utility connection agreements with the Olmsted County Recorder, leving "unpaid charges" against the property if payment of the connection charges and availability fees is not made by May 4, 2000, levying supplemental assessments against the property if it is not connected to the public sanitary sewer and watermain system by May 4, 2002, and authorizing the Mayor and City Clerk to execute all documents. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 146-98 authorizing the submission of applications under the 1998 Department of Natural Resources "Cooperative Trail Grant Program" concerning the Foxcroft connection to the Salem Road Trail and Second Street S.W. from 23rd Avenue to West Circle Drive. Ayes (7), Nays (0). Motion carried. E-10 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 147-98 executing City/State Agreement No. 77207 for S.P. 5502-78 (TH14) and S.A.P. 159-107-14 for City Project No. 9852 (J-6338) "Traffic Signal Modification and Intersection Improvements at Trunk Highway 14 and Memorial Parkway". Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 2, 1998 5205 Agenda Item F-2 An Ordinance Creating and Enacting Section 96.011 of the Rochester Code of Ordinances, Relating to the Creation of a Taxicab Franchise in the City of Rochester, was given a first reading. (R & S Transport) F-3 An Ordinance Amending and Reenacting Subdivision 5 of Section 125A.21 of the Rochester Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor, was given a second reading. Councilmembers Marcoux moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-4 Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No. 148-98 entering into an Owner Contract with ALS - Wynwood, Inc. and Advanced Building Corporation for Project No. J-9460 "Watermain to Serve Alternative Living Services - Wynwood Facility". Ayes (7), Nays (0). Motion carried. G-2 Councilmembers Marcoux moved, Stobaugh seconded, to remove from the table the item on Contract for Design Services for the 7th Street N.E. Pedestrian Bridge. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 149-98 entering into a professional agreement with HNTB for the design and plan preparation of the 7th Street N.E. pedestrian bridge with Alternative #4 at a cost of $39,800. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay. Having no further business, Councilmembers Hruska moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 124 � City Clerk C