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HomeMy WebLinkAbout06-01-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 12 — June 1, 1998 5 2 6 5 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. Absent: Walter Stobaugh. Mayor Canfield explained the purpose behind the T-shirts that some of the Council were wearing.. He noted that they are part of the Rochester Hosts program to serve as greeters and a presence in the downtown area. Mikkel Viker of the Public Works Department and a member of the Army Reserve, presented Mayor Canfield with a plaque from the Department of the Defense for the City's support of their personnel involved in the Desert Storm Operation in the Middle East. Mr. Viker noted that Rochester employees were given the time off to serve their Country and had jobs when they returned unlike other individuals who were also sent overseas. B-1 A Hearing on Final Plat #98-10 to be known as Manor Woods West 101h Subdivision. The developers have requested that the hearing be continued to June 15, 1998 to allow additional time for outstanding issues to be resolved. Councilmembers Senjem moved, Evans seconded, to continue the hearing for Final Plat #98-10 to be known as Manor Woods West 10t' Subdivision to June 15, 1998 at the request of the developers. Ayes (6), Nays (0). Motion carried. B-2 ICity Council Initiated Land Use Plan Amendment #98-2 to amend the Rochester Urban Service area Land Use Plan in the Cascade Lake Area. Having no one wishing to be heard, President Hunziker closed the meeting. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 305-98 approving City Council Initiated Land Use Plan Amendment #98-2. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay. B-3 A Hearing on Type III, Phase III General Development Plan #122 to amend the approved plan for property known as Century Hills by Payne Company. Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E., representing the applicant. Mr. Borcherding noted that they agree with the conditions that have been recommended. Wishing to be heard was Bill Tointon, McGhie & Betts, representing Dr. Salisbury who owns the property between the land owned by Mr. Payne. Dr. Salisbury supports the development plan as presented. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmembers Evans moved, Marcoux seconded, to approve Type III, Phase III General Development Plan #122 with one condition and instruct the City Attorney to 5266 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-4 B-5 prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #98-5 to be known as Century Hills Second Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E., representing the applicant. He noted that they were in agreement with the conditions as recommended. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmembers Hruska moved, McConnell seconded, to adopt Resolution #306- 98 approving Final Plat #98-5 to be known as Century Hills Second Subdivision with six conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Vacation Petition #98-7 by Mayo Foundation to vacate the right-of- way of 1s Street S.W. between Block 25 and Block 30 Original Plat. Wishing to be heard was Gary Hayden, 5420 31st Avenue S.W., representing the Mayo Foundation. He noted that the Foundation has reviewed the condition and has completed with the requirement. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 307- 98 approving Vacation Petition #98-7 by Mayo Foundation with one condition. Ayes (6), Nays (0). Motion carried. The relationship of Councilmembers Hruska and Senjem to the Mayo Foundation were noted. B-6 IA Hearing on Vacation Petition #98-8 by Mayo Foundation to vacate the right-of- way of 1st Street S.W. between Block 26 and Block 27, Original Plat. Wishing to be Wishing to be heard was Gary Hayden, 5420 31"Avenue S.W., representing the Mayo Foundation. He noted agreement with the conditions and also working out the potential problems with Calvary Episcopal Church parking. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmembers Marcoux moved, McConnell seconded,to adopt Resolution No. 308-98 approving Vacation Petition #98-8 by Mayo Foundation with three conditions. Ayes (6), Nays (0). Motion carried. The relationship of Councilmembers Hruska and Senjem to the Mayo Foundation were noted. 1 RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5267 Regi liar Col ncil Meetin�No 12 — June 1, 1998 Agenda Item B-7 A Hearing on Vacation Petition #98-10 by Mary Prochaska to vacate the 5 foot and 10 foot utility easements located in the southern half of Lot 3, 4, and 5 of Block 4 and in the northern half of Lot 2, Block 4 of Cordul Commercial Park. Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E., representing the applicant. Mr. Borcherding was available for questions. He noted that they are in the process of expanding Menards North further. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 309-98 approving Vacation Petition #98-10 by Mary Prochaska. Ayes (6), Nays (0). Motion carried. B-8 IA Hearing on Local Improvement Project No. 5815-98 (J-9493) "Curb, Gutter and Storm Sewer Improvements along 21s' Street and 22"d Street N.E." Wishing to be heard was Jeff Chida, 510 21st Street N.E., voicing his opposition to the project. He doesn't think the curb and gutter are needed and also objected to the project being done before the residents had a chance to comment. Councilmembers Evans noted that he had gone door-to-door in the area of the project talking with the residents and had only found six people that didn't want it. The following individuals spoke in favor of the project and asked about the pouring of driveways and whether the sidewalk was replacement or new. Kenneth Stiles 714 21st Street N.E. Robert Andre 531 22"d Street N.E. Robert Loos 531 22"d Street N.E. Having no one further wishing to be heard,, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 310- 98 approving Local Improvement Project No. 5815-98 (J-9493) "Curb, Gutter and Storm Sewer Improvements along 21st Street and 22"d Street N.E.". Ayes (6), Nays (0). Motion carried. B-9 A Hearing to Consider the Levying of Special Assessments for Project No. 5815-98 (J-9493) "Curb & Gutter and Storm Sewer Improvements along 21st Street and 22"d Street N.E.". Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5268 Regular unnil MeetiR9 No. 12 jue 1, 1998 Agenda Item Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 311- 98 levying the proposed assessment for Project No. 5815-98 (J-9493) "Curb & Gutter and Storm Sewer Improvements along 21st Street and 22"d Street N.E.". Ayes (6), Nays (0). Motion carried. B-10 A Continued Hearing on Type III, Phase II Conditional Use Permit #98-29 by Frank Kottschade (Amendment to the Approved Restricted Development Conditional Use Permits #97-29, 97-23, and 97-17) Wishing to be heard was John Arnold, Dunlap & Seeger Law Office, representing the applicant. Mr. Arnold has met with Richard Freese on several proposals made by the Public Works Department to the problems. The proposals were unacceptable to the applicant. Mr. Arnold requested that the Council vote on the application as it had been tabled on May 18, 1998. Mr. arnold then stated tht the applicant is are agreeable to the previously discussed conditions from Planning and Zoning, some as a result of negotiations with the Planning Staff, and some agreed to as the process continued. Mr. Arnold then distributed a listing of the conditions the applicant was in agreement with at this time. Condition number nine is a condition that will have to be settled with MnDot Mitizi Baker, Planning Department, noted that there were three previously agreed upon items that were not included in the listing of ten submitted by Mr. Arnold; i.e., providing adequate protection for the existing sewer main, limiting the processing only to materials coming from the site, specifying that the approval would only apply to those areas identified for processing and haul roads, and limiting hours of processing plant operations from 7:00 A.M. to 5:00 P.M., Monday through Friday, with no processing on weekends or legal holidays. It was noted that the condition of limiting materials was already on the list of ten. Richard Freese, Public Works Director, voiced his concern on condition number nine; limited right turn in and out from Highway 63. If the Council agrees with this condition it would mean approval of egress and ingress onto Highway 63, which has been denied to the other three mining applications. He asked that the Council remain consistent with the operations for permits #97-29, #97-23, and #97-17 not allowing for ingress and egress onto Highway 63. Mr Freese noted that one of his concerns that has now been corrected was the protection of the sewer line. He noted his concern with Official Map #12, the interchange of 40th Street and T.H. 63 South and the City's adoption of the official map and that the haul roads will cross into those areas. He preferred that the City work with the applicant to provide an access to 40th Street that would not compromise the official street map right-of-way interchange. Mr. Freese indicated that condition number ten needs to be more completely spelled out and has provided an alternative list of suggestions. The applicant is in agreement with item (d) on the listing; the City is also willing to negotiate a new haul road entrance onto 40th Street. Mitzi Baker, Planning Department, noted that the Planning Commission did recommend five conditions. Staff recommended that if Council is going to approve of the application, two items (numbers 3 and 4 on page 104 of the agenda packet) should be included as conditions. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 12 — June 1, 1998 5269 John Arnold, representing the applicant, noted that these conditions were agreed under the mining permit. In respect to the condition for legal right to continue the use of haul roads and access points, the State gave access rights during their taking of the property back in the late 1950's They object to condition 4 as they want to use their access until such time as U.S.63 is redone. President Hunziker summarized that we can leave the applicant's number 9 condition by conditioning it so that it will be dependent upon MnDot giving them approval to use the new haul road intersection on the south -bound lane of US 63 at St. Bridget's Road. The City would also require some evidence that would allow the applicant to haul materials through the SJC Properties. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order approving the application subject to 14 conditions and to bring such document back to the Council for consideration at the June 15, 1998 meeting. Ayes (6), Nays (0). B-11 A Hearing to Expand Residential Permit Parking Zone 4 onto 9th Avenue S.E., from 121h Street to 13th Street. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 312-98 adding paragraphs (12) to permit parking zone #4 "Meadow Park Neighborhood" of Section L "Permit Parking" of the Comprehensive Traffic and Parking Resolution Book to read: 12. 9th Avenue S.E., from 12th Street to 131h Street, 7:00 AM to 3:00 PM, School Days Only. Ayes (6), Nays (0). Motion carried. C-1-23 Councilmembers Marcoux moved, McConnell seconded, to approve the following consent agenda items: C-1 Approval of the minutes of the May 18, 1998 Council Meeting. C-2 Adopt Resolution No. 312A-98 retaining McGhie & Betts for engineering services for the potential extension of the Rochester Technology Park Roadway. C-3 Adopt Resolution No. 313-98 approving a purchase order agreement with Thomas & Betts for steel transmission poles in an amount not to exceed $119,106.00. C-4 Approve the following Licenses and Miscellaneous Street Uses: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5270 g, Jor ('ni incil Meeting No. .12 — June-1, 1998 Agenda Item C-5 C-6 C-7 C-8 C-9 C-10 C-11 Sidewalks — Cement Michael Donovan DBA Mike & Matt Quality Construction, Byron Dean Seppelt DBA D.R.S.C. Concrete Sound Amplification Permits Mayo Medical Center — Outdoor Family Music Event — August 28, 1998 Steve Graepel — Neighborhood Block Party at 315'/z South Broadway — June 6, 1998 Circus Rochester Women of Today — Jose Cole Circus at Olmsted County Fairgrounds— June 2, 1998 Gambling — Temporary Ronald McDonald House — Raffle at Willow Creek Golf Course — July 24, 1998 (waiver of 30 day restriction) Family Child Care, Inc. — Raffle at Gloria Dei Lutheran Church — October 12, 1998 Heating Contractor United Sheet Metal, St. Paul Master Installer Randy L. Strain, Coon Rapids Approve the Sound Amplification Permit request from Civic Music for their annual Down by the Riverside Concerts Series and two additional concerts on July 4, 1998 and august 8, 1998. Approve the Fireworks Display at the Rochester Golf and Country Club on July 5, 1998 sponsored by the Club. Adopt Resolution No. 314-98 referring the petition for Extension of Public Streets and Utilities to Serve Extension of 40 Street S.E. by R.L. Hexum & Associates to the Public Works Department for a feasibility study. Approve the Account Payable in the amount of $1,324,809.68. Adopt Resolution No. 315-98 authorizing the issuance of a Revocable Permit to the Crossroads Neighborhood Association for the installation and maintenance of a neighborhood entrance sign to be located within the City right-of-way. Adopt Resolution No. 316-98 approving the execution of a Storm Water Management Agreement with the owners of the General Warehouse addition at 2915 Valleyhigh Drive N.W. in the amount of $803.77. Adopt Resolution No. 317-98 authorizing the issuance of a Revocable License Agreement to U.S. West allowing the relocation of telecommunications facilities in a portion of Essex Park adjacent to 55t' Street N.W. 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 12 — June 1, 1998 5271 Agenda Item C-12 Adopt Resolution No. 318-98 authorizing the City Clerk to advertise for bids for Project No. 9406-1-95 (J-9492) "Construct Public Improvements in East Ridge II Subdivision" to be received on June 24, 1998. C-13 Adopt Resolution No. 319-98 authorizing the City Clerk to advertise for bids for Project No. 6200-E-97 (J-9406) "Reconstruct East Center Street from 11th Avenue to 151h Avenue S.E.", to be received on July 1, 1998. C-14 Adopt Resolution No. 320-98 authorizing the City Clerk to advertise for bids for Project No. 6225-3-97 (J-9464) "Extension of Sanitary Sewer and Watermain in 25th Street S.W. from Meadow Hills Drive S.W. to the West", to be received on June 17, 1998. C-15 Adopt Resolution No. 321-98 awarding the contract to VCI Asbestos Abatement Company for Project No. J-1989 "Pre -Demolition Asbestos removal, former Olmsted County Health Department Building at 415 Fourth Street S.E." at a cost of $48,170.00. C-16 Adopt Resolution No. 322-98 and 323-98 ordering the preparation of the assessment roll and setting an Assessment Hearing for July 6, 1998 for Project No. 6204-3-94 (J-9327) "Reconstruct Pavement and Extend Sanitary Sewer Trunkline on 4th Street S.W. from Broadway to 2"d Avenue S.W." C-17 Adopt Resolution No. 324-98 and 325-98 setting the Assessment Rates and levying the proposed assessments for project No. 9717 (J-9441) "Extension of Sanitary Sewer in Bandel road N.W. from North Line of Bandel Hills Townhomes to the North Approximately 1500 Feet". C-18 Adopt Resolution No. 326-98 authorizing the City Clerk to re -advertise for bids for Sidewalk Replacement Project No. 1-1998 (J-9487) "131h Street to 16th Street S.E. and 3rd Avenue to 11th Avenue S.E." C-19 Adopt Resolution No. 327-98 authorizing the City Clerk to re -advertise for bids for Sidewalk Replacement Project No. 2-1998 (J-9488) "16th Street to 20th Street and 3rd Avenue to 11th Avenue S.E." C-20 Adopt Resolution No. 328-98 authorizing the City Clerk to re -advertise for bids for Sidewalk Replacement Project No. 3-1998 (J-9489) "Replacement of Concrete Curb and Sidewalk on 11th Avenue N.E. from East Center Street to 14th Street N.E." C-21 Adopt Resolution No. 329-98 adding paragraph (119.1) of Section B "No Parking Zones" to the Comprehensive Parking Resolution to read: (119.1) 5th Street S.W. on south side of the street, from 8th Avenue to 9th Avenue, from 9:00 AM to 10:00 AM, Monday through Friday. C-22 Adopt Resolution No. 330-98 adding paragraph (16) of Section D "Truck Loading Zones" to the Comprehensive Parking Resolution to read: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5272 Agenda Item C-23 D-1 E-1 E-2 E-3 E-4 (16) Second Street S.W., on the north side two spaces in front of the premise known as Victoria's Restaurant, 21 Second Street S.W., at all times. Adopt Resolution No. 331-98 entering into an agreement with Bonestroo, Rosene, Anderlik and Associates to complete the engineering design work for miscellaneous projects at the Water Reclamation Plant at a cost not to exceed $36,500 for contract 1 and $20,500 for contract 2 without a change in scope. Ayes (6), Nays (0). Motion carried. Councilmember Ed Hruska announced that he would not be seeking another term as Councilmember of the First Ward. Mr. Hruska cited his reason as wanting to spend more time with his family before his children were grown and had left home. He stated that he had enjoyed his work with the City and all of the people that he has met through his involvement in various City projects. Terry Adkins, City Attorney, provided background on the clean-up of the Yakima, Washington hazardous waste site which lead to the settlement agreement with Bor- Son, the contractor the City employed to dispose of the waste. He noted that a settlement agreement had been reached which would result in an amount of $101,000 to the City of Rochester. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 332-98 entering into a settlement agreement with Bor-Son Construction in an amount of $101,000. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 333- 98 approving the Fourth Amendment to the Redevelopment Assistance Agreement with PEMSTAR for the 87,500 square foot expansion and authorizing execution of the Fourth Amendment, Subordination Agreement and Consent. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 334- 98 approving the Issuance of $2,000,000 in Taxable Industrial Revenue Bonds for the PEMSTAR, Inc. expansion. Ayes (6), Nays (0). Motion carried. Councilmember McConnell spoke to the unfairness for the residents of the Hampton Court N.W..area to be denied maintenance of their private road which needs to remain a public thoroughfare for access to a park. He noted that at the time of the building of the subdivision, such a private/public road was a part of the requirement for the final plat. The question remained as to how the City would handle maintenance of private roads in the future should other private street neighborhoods also ask the City to handle their maintenance. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 335- 98 accepting the responsibility for maintenance of Hampton Rhodes Court N.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA 5273 Regular Council Meeting No 12 — June 1 1998 Upon roll call vote, Councilmembers Evans, Hruska, McConnell, and Senjem voted aye, Councilmembers Marcoux and Hunziker voted nay. Ayes (4), Nays (2). Motion carried. E-5 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 336-98 entering into a settlement agreement with Dennis DeRaad concerning his claim for Worker's Compensation Benefits with the City. Ayes (6), Nays (0). Motion carried. E-6 Councilmembers Hruska moved, Marcoux seconded, to authorize the setting of a public hearing for July 6, 1998 on the Wetland Replacement Plan by Frank Kottschade for B&F Properties located south of 40th Street S.W. and west of US 63 south. Ayes (6), Nays (0). Motion carried. E-7 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 337- 98 approving the Wetland Delineation and Replacement Plan prepared by Stelley. . Ice to replace wetlands filled along Cascade Creek south of 7th Street N.W. for a total area of 1.4 acres. Ayes (6), Nays (0). Motion carried. E-9 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 337A-98 authorizing the City Clerk to advertise for bids for a 5,000 square foot storage garage for the Rochester Police Department. Ayes (6), Nays (0). Motion carried. E-9 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 338-98 approving the Hauled Liquid Waste Policies and Procedures, dated May 4, 1998, for the Water Reclamation Plant. Ayes (6), Nays (0). Motion carried. E-10 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution 339-98 awarding the bid for Project No. 9811 (J-2113) "Curb and Gutter Replacement at Various Locations throughout the City" to Doyle Conner in the amount of $142,014.50. Discussion. Councilmembers asked about accepting a bid that is $47,000 higher that what was estimated. Richard Freese, Public Works Director, explained that is a lot of work being done in the City so that concrete companies and contractors are busy. He stated that this project is crucial because the curb and gutter have to be installed prior to the street being resurfaced. Ayes (6), Nays (0). Motion carried. E-11 Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No. 340- 98 amending the Comprehensive Parking Resolution Book as follows: Add paragraph (41) to Section B, "No Parking Zones" to read: (41) First Avenue S.E., on the east side from Fourth Street to one-half block south of Fourth Street. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _ CITY OF ROCHESTER, MINNESOTA 5274 Agenda Item E-12 E-13 F-2a F-3a F-3b F-3c F-4a Amend paragraph (9) of Section One, Zone E (90) minute metered parking to read: (9) First Avenue S.E. on the west side from Fourth Street to one-half block south of Fourth Street. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 341- 98 executing a purchase agreement with Olmsted Medical Center in the amount of $1.50 per square foot for the excess right-of-way along First Avenue S.E., at the 9 'h Street intersection. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Marcoux seconded, to approve the transfer of the 3.2 Beer License from A & B Enterprise, Inc. from Michael Sitzer DBA MES Corporation to Michael A. Ebler and approval of the application for an On -Sale Wine License for the Waldo's Pizza business at 14 17th Avenue N.W. Ayes (6), Nays (0). Motion carried. An Ordinance Amending and Reenacting Section 132.02 and Repealing Section 132.03 of the Rochester Code of Ordinances, Relating to Towing and Impounding Motor Vehicles, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 46.25 Acres of Land Located in a part of the Northwest Quarter of Section 9 and the Southwest Quarter of Section 4, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Olmsted County Historical Society) An Ordinance Amending Section 17.01 of the Rochester Code of Ordinances, Relating to Personnel of the Fire Department, was given a second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the I District to the M-1 District 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 Hruska moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of 41 st Street Northwest and East of Douglas Trail) Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 342- 98 entering into an owner agreement with Payne Company and Elcor Construction for Project No. J-9491 "Basic Construction in Century Hills second Subdivision - (Lots 1-7, Block 1; Lots 1-5, block 2, Lots 1 and 2, block 3, and Lots 1-5, Block 4). Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, McConnell seconded, to remove from the table the item on Workplace Smoking Policy. Ayes (6), Nays (0). Motion carried. 1 G-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item L CITY OF ROCHESTER, MINNESOTA 5275 Regular Council Meeting No_ 12 — June 1, 1998 City Administrator Steve Kvenvold noted that two-thirds of the employees responding indicated that they wanted no smoking in any City facility or vehicle. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 343- 98 adopting the revised Workplace Smoking Policy allowing no smoking in City facilities or vehicles. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Evans seconded, to adjourn the meeting.