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HomeMy WebLinkAbout08-03-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA 5313 Regular Meeting No. 19 — August 3 1998 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, Walter Stobaugh. Absent: None Mayor Chuck Canfield introduced Police Chief Roger Petersen and Fire Chief David Kapler and Dr. Roger White of the Mayo Clinic. Chiefs Petersen and Kapler thanked Dr. White for the efforts he has made in getting defibrillators into Police cars and Fire equipment. They noted that since its inception in 1990, 23 lives have been saved; Rochester has the highest rate of saves with the lowest costs. Mayor Canfield declared August 30, 1998 as Roger White Day. Dr. White thanked those involved for the honor and said that by working together with one goal in mind, saving lives, can the program be successful. B-1 A Hearing on Final Plat #96-28 to be known as Tyrol Hills First Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicant. He noted their agreement with the recommendation from the Public Works Department that the grading plan and the noise mitigation plan must be approved prior to recording the final plat. This recommendation replaces conditions #1, #3, and #5. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 448- 98 approving Final Plat #96-28 to be known as Tyrol Hills First Subdivision with three conditions and replacing conditions #1, #3 and #5 with the recommendation for grading and mitigation from the Public Works Department. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on Final Plat #98-18 to be known as Diamond Ridge Fourteen Subdivision. Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W., President of Western Walls. He noted that everything east of 46th Street had been approved in April of 1992 and they do not need to have the approval for seven lots west of 46th Street. The holdup is the 7th Street project. They still feel that the need for a subdrain under 7th Street should be looked at. Richard Freese, Public Works Director, stated that they had contacted Yaggy-Colby again and that the engineer does not recommend that a subdrain be installed. Wishing to be heard was Mike Strausbauch, 4404 Eighth Street N.W. He stated that he is located above the area in question and has experienced the draining down. Mr. Strausbauch was concerned that at some point they would have difficulty retaining the ground. He also noted that Mr. DeWitz said that at some point they might be able to extend their lots to 7th Street. Wishing to be heard was Dan Kuhlman, 4410 Eighth Street N.W. Mr. Kuhlman was concerned about the type of dwellings that would be built in the proposed RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5314 CITY OF ROCHESTER, MINNESOTA Regular Meeting No 19 —A, 1g, ist 1998 r Agenda Item B-3 subdivision. Since the area is on a rock shelf he was concerned about the blasting of rock and the type of liability on the part of the developer. Mr. Kuhlman was also concerned about what was going to happen on the backside of his property where habitat homes were placed last year on a rock shelf and left him with a steep grade. Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz told the Council that the rock could be removed with a backhoe rather than blasting. He had previously talked to homeowners about extending their lots. Mr. DeWitz also mentioned that the homes would need to be tuck-unders in some instances to allow for substantial backyard space. The slopes have been leveled. In answer to a question from Councilmember Marcoux about the retainage of water, Mr. DeWitz noted that they had left the grading a little high to create a type of sediment pond to insure that there wasn't the runoff onto 7th Street. Having no one further wishing to be heard, President Hunziker closed the hearing. Discussion. Councilmembers Stobaugh moved, Evans seconded, to reopen the hearing. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing to August 17, 1998 to allow for review of the grading plan. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase I, Final Plat #98-21 to be known as River Court Commercial Subdivision. Wishing to be heard was Don Soderberg, 130 Cheval Lane N.E. Mr. Soderberg stated that Outlot A, included in the subdivision plat, was sold off last fall and that he does not own it. He has talked with the owner about the request for a drainage easement. Mike Nigbur, Public Works Department, told the Council that if Mr. Soderberg does not own Outlot A, he cannot sign the plat. Richard Freese, Public Works Director, also stated that if Mr. Soderberg doesn't own the property he does not have a right to continue to use the drainageway without an easement. The plat needs to be contingent upon the easement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 449-98 approving Final Plat #98-21 to be known as River Court Commercial Subdivision with one additional condition to read: "Based on the plan provided, the developer must provide a 20 foot drainage easement centered on the existing drainage swale across Outlot A°, and that the owner of Outlot A must sign the final plat. Ayes (7), Nays (0). Motion carried. 1 B-4 I A Hearing on Vacation Petition #98-11 by David Bishop, Beatrice Bishop, Raymond RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 41 Agenda Item B-5 CD� CITY OF ROCHESTER, MINNESOTA 53i5 Regular Meeting No. 19 — August 3 1998 Durham and Rose Durham to vacate 4th Avenue S.W. located north of the proposed cul-de-sac on 4th Avenue S.W., east of the Hy-Vee Store, south of Crossroads Drive. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that they are in agreement with the five conditions recommended by the Planning and Zoning Commission and was available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 450-98 approving Vacation Petition #98-11 by David Bishop, Beatrice Bishop, Raymond Durham and Rose Durham with five conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #98-2 to be known as Providence Addition. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon noted that they are in agreement and are working with satisfying the conditions recommended by the Planning Staff. He noted that Condition #5, storm water ponds, is being taken care of by Schaeffer Academy and the other two lots have to provide their own ponds. Mike Nigbur, Public Works Department, noted that Condition #5 should be eliminated. Wishing to be heard was Ron Wade, 4400 55th Street N.W., representing Schaeffer Academy. Mr. Wade noted that they will be building on the far side of the site and will not be disturbing the trees on the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 451- 98 approving Final Plat #98-2 to be known as Providence Addition with four conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #98-14 by Teran Sigrist to vacate the westerly 25 feet of the five-foot utility easement located on 31st Street N.E., east of 6th Avenue N.E. Wishing to be heard was Teran Sigrist, 724 31st Street N.E., available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 452-98 approving Vacation Petition #98-14 by Teran Sigrist. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 53�6 CITY OF ROCHESTER, MINNESOTA Regular Meeting No 19 — August 3, 19913 Agenda Item B-7 A Hearing on Type III, Phase II, Land Subdivision Permit #98-19 to be known as West Century Subdivision. Wishing to be heard was Leslie McGillivray, McGhie & Betts, representing the owner, noted that they were in agreement with the conditions. She stated that the owners were aware that Mrs. Sehl is concerned about access to her property in the event it is not sold. Ms. McGillivray stated that even if the property is not included in the final plat, access would be granted to Mrs. Sehl's property. Wishing to be heard was Barbara Sehl, 2580 Hadley Valley Road. Mrs. Sehl expressed her concern about the access. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve Land Subdivision Permit #98-19 to be known as West Century Subdivision with six conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on Amendments to the City's 1998 Qualified Allocation Plan and Adoption of the City's 1999 Qualified Allocation Plan. Wishing to be heard was Darrell Jensen, 2116 Campus Drive S.E., asking about the total allocation for the year. He also asked if there was a pre -assurance from the Internal Revenue Service that this is in compliance with Section 42. Tom Canan, Assistant City Attorney, stated the actions that had previously taken place. Sherman Association (Sunrise) and Arlington Association both applied for the tax credits. Sherman came out highest in the scoring. Arlington alleged that there was a conflict of interest because the law firm doing the scoring also had Sherman as a client. A second scoring was done and Sherman again came out ahead. A settlement agreement would give Sherman all of the allocation in 1998 except $5,000 which would go to Arlington; the 1999 allocation would give Arlington all except $5,000 which would then go to Sherman under a preferential consideration. Wishing to be heard was Bill Kolb, 3448 8t' Avenue S.W. Mr. Kolb asked if anyone else could receive tax credits under this settlement agreement in 1999. Assistant City Attorney Tom Canan answered no. Councilmember Hruska asked that the matter be tabled until August 10, 1998 to allow the Council to look at the settlement agreement. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to table Amendments to the City's 1998 Qualified Allocation Plan and Adoption of the City's 1999 Qualified Allocation Plan until August 10, 1998. Ayes (7), Nays (0). Motion carried. LI RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5317 -- Regular Meeting No 19 — August 3 1998 Agenda Item B-9 A Hearing on Rochester Urban Service Area Land Use Plan Amendment #98-5 by John Benike to amend the Land Use Plan designation from "Medium Density Residential" to "Commercial" on property located along the west side of Valleyhigh Drive N.W., south of 19th Street N.W. and east of the Chicago & Great Western Railroad. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon spoke both to the amendment to the Land Use Plan and the Zoning Change requested later in the meeting. Mr. Tointon noted that there are no particular plans for the use of this area. He stated that Planning and Zoning recommended rezoning the area to B-1 rather than B-4 which they were in agreement with. Wishing to be heard was Rich Shok, 1834 Evergreen Drive N.W. Mr. Shok's property faces Valleyhigh Drive. They now receive a lot of noise and with another commercial use going to be put in, the noise and traffic will only increase. The light from the commercial use will pollute the area. Wishing to be heard was John Benike, 6133 Oak Meadow Lane N.W. Mr. Benike said that the property had been in his family since the 1960's. He further explained that they had no intended use at this time. Councilmember Marcoux asked about the feasibility of a traffic signal at the 19th Street and Valleyhigh Drive crossing. Richard Freese stated that Valleyhigh Drive is a County road and there are no plans for a signal until the year 2002. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved to deny Land Use Plan Amendment #98-5 by John Benike. He stated that 19th Street and Valleyhigh Drive is an extremely dangerous intersection and there should.'be no commercial development until signal lights have been installed in that intersection. Motion died for lack of second. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 453-98 approving Land Use Plan Amendment #98-5 by John Benike with four findings noting the neighbors concerns with noise, lights and traffic. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. B-10 A Hearing on Zoning District Amendment #98-5 by John Benike to Rezone Land from the R-3 to the B-4 located along the west side of Valleyhigh Drive N.W., south of 19th Street N.W. and east of the Chicago & Great Western Railroad. President Hunziker noted the previous discussions by the developer and public on item B-10. He also noted that the Planning and Zoning Commission recommended that the zoning be changed to B-1 rather than B-4. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon noted that the applicant met all the criteria for rezoning. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5318 , CITY OF ROCHESTER, MINNESOTA Reg, liar Meeting No 19 — August 3, 1998 Agenda Item B-11 C-1-12 C-1 C-2 C-3 C-4 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to approve Zoning District Amendment #98-5 by John Benike from R-3 to B-1 as recommended by the Planning and Zoning Commission. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing on a Rate Change for Rochester City Lines Annual Pass. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No. 454-98 approving the change in rates for Rochester City Lines annual bus pass. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to approve the following consent agenda items: Approval of the minutes of the July 20, 1998 Council meeting. Accept the donation of defibrillators from Hewlett-Packard Company and Dr. White and ask the Mayor's Office to send a note of appreciation to each. Adopt Resolution No. 455-98 authorizing the Mayor and City Clerk to sign the release of all claims for fire damage at the Rochester International Airport. Approve the following licenses and bonds: Circus/Carnival Bill Harries Shows at the Olmsted County Fairgrounds — July 27 through August 2, 1998 Gamblinq — Temporary Hiawatha Homes Foundation — Raffle at Mayo Civic Center — November 24, 1998 House Moving Crews House Moving for Eric Gullickson from 1727 16th Avenue N.W. to Dennison, Minnesota —August 10, 1998 Outdoor Dininq Permit — Renewal Daube's Bakery & Konditorei, 14 Third Street S.W. Sound Amplification Permit Janelle Smith — Mayo Civic Auditorium Bandshell - Class Reunion — august 1, 1998 (prior approvals: Councilmembers Evans, McConnell, Stobaugh, Hunziker) Evangelical United Methodist Church — Jubilee Jam Concert — August 16, 1998 1 LI Ability Building Center — Employee Picnic — August 13, 1998 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 53�9 Regular Meeting No 19 — August 3, 1998 Rochester Civic Music Band Concert — Central Park — August 8, 1998 Village Green Apartments — National Night Out Block Party — August 4, 1998 (request waiver of time from 8:00 PM to 11:00 PM) AFL-CIO Labor Council — Ice Cream Social — Central Park — September 7, 1998 Holiday Inn South Parking Lot Party — August 28, 1998 (request waiver of time from 8:00 PM to 11:00 PM) Miscellaneous Use Rochester Retired Greyhound Association Walk-A-Thon — Silver Lake Park — October 3, 1998 Rochester Track Club — Marathon — August 22, 1998 C-5 IAdopt Resolution No. 456-98 amending and approving the additional street and parking lot use for the Rochesterfest street dance on August 22, 1998. C-6 I Approve Accounts Payable in the amount of $1,659,230.37. C-7 Adopt Resolution No. 457-98 entering into an agreement with An Honest Bike Shop for a fundraising benefit for Rochester Civic Music. C-8 Adopt Resolution No. 458-98 authorizing the submission of an application to the Bureau of Justice Assistance for crime prevention grant funds. C-9 Adopt Resolution No. 459-98 authorizing the submission of an application to the Community Oriented Policing Grant Program for the payment of overtime for the period of January 1, 1999 through December 1999. C-10 Adopt Resolution No. 460-98 authorizing the issuance of a revocable permit to the Mayo Foundation for Phase I of the Practice Integration Utility Tunnel Project subject to the conditions as described in the Request for Council Action. The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo Foundation was noted. C-11 Adopt Resolution No. 461-98 executing a Professional Services Agreement with WHKS & Co. for Project No. 7106-98 (J-9508) "Road Improvements to East Frontage Road, south of 55t" Street N.W. to Pennington Court N.W.". C-12 Adopt Resolution No. 462-98 awarding the contract to Elcor Construction in the amount of $535,803.25 for Project No. 6207-4-96A (J-9363) "Reconstruct 7th Street N.W. from 400 Feet West of 43d Avenue N.W. to the West line of Manor Woods 8tn Subdivision". Ayes (7), Nays (0). Motion carried. D-1 a Councilmember McConnell spoke to the tasteless ads of Winston cigarettes on billboards around the City and asked that those responsible remove them. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5320 Regular Meeting No 19 August 3 1 998 Agenda Item D-1 b D-1 c D-1 d E-1 E-2 E-3 E-4 Wishing to speak was Ken Moen, Dunlap and Seeger, representing DeLite Outdoor Advertising. He spoke to the billboard issue and the July 20, 1998 meeting. Mr. Moen noted that there was a chief difference in the interpretation of the language of the billboard ordinance, the purpose of the amendment was with respect to the landowner rights, and that the driving issue to the amendment was to establish competition in this area. Wishing to be heard was Mr. William Kolb, 3440 18t' Avenue N.W. Mr. Kolb noted that the amendment to the billboard ordinance did allow for the replacement of sign companies and that he was being penalized for misinterpretation of the language of the ordinance. Wishing to be heard was Walter Duffy, Jr., representing Tri-State. Mr. Duffy noted that the interpretation of the billboard ordinance was very clear and that the Council action was correct on July 20, 1998. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 463-98 creating a civilian Public Safety Communications Manager position to oversee the operations of the LEC Dispatch and that the number of law enforcement personnel is reduced by one. Discussion. Councilmembers discussed the requested salary and asked that the topic be revisited at a later date. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Findings of Fact, Conclusions of Law, and Order in regard to the Appeal of Tri-State Outdoor Media Group, Inc. Discussion. Councilmember McConnell felt that there should be no less than 250 feet to a residential district from a billboard; Councilmember Hruska felt that the sign credit should be given to William Kolb for erection of a new billboard on his property. On roll call vote, Councilmembers Marcoux, McConnell, Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hruska and Senjem voted nay. Ayes (4), Nays (3). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 464- 98 authorizing the acquisition of additional property for the Quarry Hill Park and transferring $107,000 from the Future Property Acquisition Account to fund the City's share. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 465-98 approving Special Laws granted by the Legislature in Section 29 and Section 43 of the Omnibus Tax Bill and authorize the City Clerk to send a certified copy of the resolution to the Secretary of State. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5321 Regular Meeting No. 19 — August 3 1998 Agenda Item E-5 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 466-98 authorizing the Park Board to retain architectural services for the Civic Center complex sales tax improvements and to undertake the facility and the site planning process. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 467-98 approving the contract with TKDA for the services relating to the mitigation study for the DM&E Railroad proposal. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Hruska moved, Marcoux seconded, to direct the City Clerk to publish the notice of public hearing for September 9, 1998 to consider the proposal to amend the City Charter for the recall/removal of elected and appointed officials. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Senjem moved, Stobaugh seconded, to direct the City Clerk to publish the notice of public hearing for September 9, 1998 to consider the proposal to amend the City Charter to reduce the bid security required on City -bid proposals from 10 to 5 percent. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Hruska moved, Stobaugh seconded, to approve the transfer of the Off -Sale Liquor License from PJG, Incorporated to RMT of Rochester, Incorporated DBA Buckeye Liquor at 302 Fourth Street S.E., pending the required insurance certificates and departmental approvals. Ayes (7), Nays (0). Motion carried. E-10 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 468-98 awarding the bid for Project No. J-4891 "Silver Lake Trail Improvements" to Elcor Construction in the amount of $92,032.45. Ayes (7), Nays (0). Motion carried. E-11 Councilmembers Senjem moved, Stobaugh seconded, to authorize the City Attorney to draft an ordinance extending the interim ordinance pertaining to mining/excavation activities until October 19, 1998. Ayes (7), Nays (0). Motion carried. E-12 Type I Land Subdivision Permit #98-15 by Les Nelson. This item was removed from the agenda at the request of the Planning Department. E-13 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 469- 98 entering into a Professional Services Agreement with Black and Veatch/TKDA for conducting a DM&E Railroad Alternative Analysis. Ayes (7), Nays (0). Motion carried. E-14 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 470- 98 entering into a Professional Services Agreement with Bonestroo Rosene Anderlik and Associates for the Stabilization of Rocky Creek from TH63 to the Zumbro River. Ayes (7), Nays (0). Motion carried. E-15 I Councilmembers Stobaugh moved, McConnell seconded, to.adopt Resolution No. 471-98 authorizing the execution of a Joint Powers Agreement with BWSR for the 5322 Agenda Item E-16 E-17 E-18 F-2a F-2b F-3a F-3b F-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 19 — August 3, 1998 creation of Wetland Replacement Program for Road Projects. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 472-98 entering into a Professional Services Agreement with Bonestroo Rosene Anderlik and Associates for the BWSR Wetland Replacement Program for Road Projects. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 473- 98 and 474-98 entering into an owner contract with Leslie Lurken and S.L. Contracting for Project No. J-9427 "Basic Construction in Wedgewood Hills Subdivision" and authorize Wedgewood Hills Subdivision to participate in the regional storm water management facility. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to table awarding the bid for "Traffic Signal Modifications on TH 63 from Civic Center Drive to 14th Street N.E." per the recommendation of MnDot and the Public Works Department. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property from the R-3 District to the B-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 first reading. (Located along the west side of Valleyhigh Drive N.W., south of 191h Street N.W. and east of the Chicago & Great Western Railroad — John Benike) An Ordinance Amending and Reenacting Section 66.104 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Issuance of Permits for Mining or Extraction Activities Within the City, was given a first reading._ An Ordinance Rezoning Certain Property From the R-1 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 Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (south of 401h Street S.W., east of 11th Avenue S.W.) An Ordinance Annexing to the City of Rochester Approximately 20.91 Acres of Land Located in a Part of the West Half of the Southwest Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (east of 50th Avenue N.W., north of Douglas Trail) Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 475- 98 entering into a City -Owner Contract with Mack Trucks of Rochester, Inc. and T.G. Swanson Excavating for Project No. J-9480 "Watermain Extension to Serve Mack Trucks". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5323 Regular Meeting No. 19 — August 3 1998 Agenda Item G-1 Councilmembers McConnell moved, Marcoux seconded, to remove from the table the Findings of Fact, Conclusions of Law, and Order related to Wetland Impact and Replacement by Franklin Kottschade for B & F Properties. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to adopt the Findings of Fact, Conclusions of Law, and Order related to Wetland Impact and Replacement by Franklin Kottschade for B & F Properties. Ayes (4), Nays (3). Councilmembers Marcoux and Stobaugh and President Hunziker voted nay. G-2 IDiagonal Parking on 1st Avenue N.W. from Center Street to Civic Center Drive was left on the table. G-3 IReview of Previous Approval for Low Income Housing Tax Credits to Sunrise Townhomes was left on the table. Having no further business, Councilmembers Hruska moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to reopen the Council meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to recess the meeting to 3:45 P.M. on August 10, 1998. Ayes (7), Nays (0). Motion carried. i y lerk