HomeMy WebLinkAbout08-17-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
539-6 CITY OF ROCHESTER, MINNESOTA
_ q liar Adeollmeci Meeting No 91 — August 17,_1998
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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.
A Hearing on final Plat #98-18 to be known as Diamond Ridge Fourteen
Subdivision.
Wishing to be heard was Chuck DeWitz, 604 11 th Avenue N.W., applicant for the
final plat available for questions.
Wishing to be heard was Mike Strausbauch, 4404 Eighth Street N.W. Mr.
Strausbauch was speaking on behalf of himself and Mr. Kuhlman, 4410 Eighth
Street N.W. He inquired about the possible blasting of rock and if notification would
be given to the residents prior to anything of this sort happening. He also asked
about the slope going down to the houses and if retaining walls would be used.
Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz
assured the residents that in the event that he would be blasting, the blasting and
insurance company has to check each residence prior to blasting for insurance
purposes; hence, the notification of each homeowner. He also was certain
retaining walls would not be needed.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 483-
98 approving Final Plat #98-18 to be known as Diamond Ridge Fourteen
Subdivision with five conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-7 to be known as Pine Ridge Estates Third
Subdivision.
Wishing to be heard was Wade Dumont, Yaggy-Colby Associates, representing the
applicant. Mr. Dumont noted a change in the upper portion of the plat, Outlot C,
where there had been four other lots for single family homes. At this time, the
applicant is interested in platting only the three lower lots along Ponderosa Drive.
The development for Outlot C will be coming before the Council in the future.
Mitzi Baker, Planning Department, noted the comments from Lyle Felsch of the Fire
Department. She noted that these are routine comments and do not have to be
added as conditions.
Having no one further wishing to be heard, President Hunziker closed the meeting.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 484-
98 approving Final Plat #98-7 to be known as Pine Ridge Estates Third Subdivision
with two conditions. Ayes (7), Nays (0). Motion carried
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Adiourned Meeting No. 21 — August 17 1998
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B-3 A Hearing on Final Plat #98-22 to be known as Circle Drive Business Park
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
He noted that the plat contains four commercial lots with one lot already containing
TCI Cable Company. He stated that Condition #3, grading and storm water
management plans have been satisfied and could be dropped.
Wishing to be heard was Greg Roeder, 914 Bristol Lane N.E. Mr. Roeder was
asking about the grading that has taken place and has changed the elevation
considerably in that area. He also noted that the light coming up the hill will shine
directly into his backyard. He asked that the developer provide the buffers that are
required by the planning code to ensure the least amount of lighting.
Wishing to be heard was Bill Tointon, McGhie & Betts. Mr. Tointon stated that
grading had been accomplished prior to the land being annexed to the City. Most
of the recent grading was moving of soil left banked from the TCI Cable Company
excavation.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 485-
98 approving Final Plat #98-22 to be known as Circle Drive Business Park with four
conditions. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on Vacation Petition #98-15 by Jon and Deb Hayden to vacate the 5-foot
utility easement located on the north property line of Lot 5, Block 1 of Northgate
Fifth Addition.
It was noted that Rochester Public Utilities wished only the southerly two feet
vacated that is encroaching on the back of the garage.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
486-98 approving Vacation Petition #98-15 by Jon and Deb Hayden. Ayes (7),
Nays (0). Motion carried.
B-5 A Hearing on Vacation Petition #98-12 by B & C Properties and B. Sehl to vacate
the right-of-way of 33`d Street N.E. between 6d' Avenue N.E. and TH 63.
Wishing to be heard was Leslie McGillivray, McGhie & Betts. She noted that his
item also relates to item C-12, a quit claim deed for 33rd Street N.E. Ms. McGillivray
stated that the old 33`d Street is located one-half on the property owned by Mrs.
Sehl and one-half by B & C Properties. The quit claim deed will allow for full
private ownership of the property; the current City bikepath will be moved, at City
expense, off the property.
Having no one further wishing to be heard, President Hunziker closed the hearing.
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Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 487-
98 approving Vacation Petition #98-12 by B & C Properties and B. Sehl with one
condition. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-19 to be known as West Century Subdivision.
Wishing to be heard was Leslie McGillivray, McGhie & Betts, representing B & C
Properties. She noted that the upper portion of the plat, currently owned by Mrs.
Sehl, is to be sold. Mrs. Sehl would be granted an easement to her property in any
event.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Senjem asked the relationship of the Soil and Water Conservation
District (SWCD) as advisory to the Planning Commission and to the Council.
Richard Freese indicated that in some matters they advise the Planning
Commission and others, such as this plat, they advise Public Works. Council was
in agreement that the SWCD approval in Condition #2 be removed.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 488-
98 approving Final Plat #98-19 to be known as West Century Subdivision with two
conditions and striking the word SWCD from Condition #2. Ayes (7), Nays (0).
Motion carried.
A Hearing on Type III, Phase III Conditional Use Permit #98-11 by Affordable
Homes of Rochester, LLC to allow for a manufactured home sales and display lot
on property described as Block 3, Lot 18, Willow Center Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
The Planning Department noted that Conditions #1, 4, and 5 can be dropped.
Councilmember Senjem questioned Condition #8 limiting the towing condition to
Pulver Towing. It was suggested that this wording be replaced with "... an open-
ended agreement with a towing company to remove the mobile homes in case of a
flood."
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
489-98 approving Conditional Use Permit #98-11 by Affordable Homes of
Rochester, LLC with Conditions #2, 3, 6, 7, and #8 changed to "a towing company"
rather than Pulver Towing. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on Zoning District Amendment #98-6 Initiated by the Rochester City
Council, to rezone from B-4 to B-1 land located at the southeast corner of the
intersection of 18th Avenue N.W. and 55th Street N.W.
Wishing to be heard was Ken Moen, representing Dakota of Rochester, Inc, owners
of the property under consideration to be rezoned. Mr. Moen gave a brief history of
the property stating that it had been rezoned in 1979; about one-third of the
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5 -
Regular Adjourned Meeting No. 21 — August 17, 1998
Agenda
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property to R-3 with the balance as B-4. In 1991 the present property owners
proposed a General Development Plan downzoning a portion of the property
consistent with the Land Use Plan. The Planning staff noted that by reducing the
size of the commercial area, the area fit more closely the description of a
neighborhood shopping center; and thereby, provide adequate buffering and
screening. The Council approved the rezoning of the property on August 19, 1991.
There have been two land use plan amendments and two rezonings since that date
and all referenced as consistent with the neighborhood commercial zone. The
Planning Commission has recommended not to rezone the area in question. It was
sent back to them for their consideration and the Planning Commission has again
recommended no change in the zoning. He noted that the concerns that seem to
be driving the need for change are traffic, use and site plan concerns. Mr. Moen
stated that whenever something is done to this property, it will go through a traffic
study report He noted that changing and downzoning of this nature will set a
precedent that is ill-advised. Mr. Moen presented the City Clerk with copies of the
various documents showing the history of the property zoning.
Wishing to be heard was Arthur Thompson, 1411 Kings Run Drive N.W. Mr.
Thompson stated that there were rumors in the neighborhood that when people
bought their homes, the realtors told them that there was no commercial
development included in the area. He said that what happened in 1991 and what
happens in 1998... a lot of things change. Mr. Thompson said that the biggest
concern is the traffic impact for the area and the intersection of 181h Avenue and
55th Street.
Wishing to be heard was Jerry Nelson, 1201 Meadowlark Court S.W. Mr. Nelson is
one of the owners of Dakota of Rochester, the current owners of the property. Mr.
Nelson submitted a signed affidavit noting four individuals who had bought property
in the area and were informed at the time of purchase that the southeast corner
was zoned for commercial development.
Wishing to be heard was Mary Smith, 1311 Kings Run Drive N.W. Ms. Smith noted
that she lives adjacent to the land. She stated that the weeds are unkept and that
the property owners do not try to keep the property looking decent. She was told
the land would probably be townhomes. Ms. Smith is particularly concerned about
the impact of the traffic through their neighborhood with the widening of 55th Street.
Wishing to be heard was Don Vestweber, 1610 Kings Run Drive N.W. Mr.
Vestweber noted that the Kings Run area contains 191 housing units, many
bordering on the B-4 property. The B-4 zoning would allow structures of 40 feet tall
and unlimited hours of operation. He also noted the petition presented earlier of
over 300 signatures of residents asking for the rezoning of the area.
Wishing to be heard was Donna Anderson, 1408 Kings Run Drive N.W. She
related that she had been told that there would be townhomes on the southeast
corner of the property and that to the east there would be a park. However, the
park became Gramercy Park, a housing development. She noted that with the
construction of 55th Street, the Gramercy Park residents will be traveling through
the Arthur Lane area and they will become, in essence, a through street.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
533® CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 gust 17 1998
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Having no one further wishing to be heard, President Hunziker closed the hearing.
Brent Svenby, Planning Department, noted that under the B-1 and B-4 guidelines
the site plan would be reviewed by the Planning staff only and not come before the
Council for review. The traffic report would only be triggered dependent upon the
use of the property.
Councilmembers Senjem moved, McConnell seconded, to approve Zoning District
Amendment #98-6 Initiated by the Rochester City Council and instructing the City
Attorney to prepare Findings of Fact, Conclusions of Law, and Order approving
Zoning District Amendment #98-6 to be brought back to the September 9, 1998
Council meeting for consideration. Ayes (6), Nays (1). Motion carried.
Councilmember Hruska voted nay.
A petition.was also received from the residents of Edenborough Estates
Townhomes Association requesting the downzoning of the southeast comer of 18�'
Avenue and 55t' Street N.W.
B-9 A Hearing on General Development Plan #131 by Continental Properties and
Seneca Foods for land located south of 20t' Street S.E., east of TH 63, north of TH
52 and west of Willow Creek.
Wishing to be heard was Craig Kaiser, President and CEO of Seneca Foods,
Rochester, New York. Mr. Kaiser noted that they have owned the Libby Foods
Plant since 1992. They have put over $40 million dollars in capital improvements
into their plant and warehousing complexes making Rochester the single largest
plant and warehouse complex in the country. In 1997 they started to work with
Continental Properties on the development of their land located south of 20t' Street
S.E.
Wishing to be heard was Dan Manahan, Continental Properties Chief Executive
Officer and Executive Vice -President. Mr. Manahan explained that Continental is
Wisconsin's largest single commercial real estate developer. They have built over
6 million square feet of quality commercial space in their history. Seneca has made
it very clear that they want a first-rate quality project in the City of Rochester.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing Seneca Foods
and Continential Properties. Mr. Tointon explained the proposed General
Development Plan for the land south of 2& Street S.E. and east of TH 63. He
stated that the current development would encompass 44 acres of land to be
commercially developed by the year 200 and the total build -out of the GDP by
2010. Mr. Tointon also stated that Seneca has no objection to the closing of 24t'
Street to through traffic. Mr. Tointon pointed out that they plan to extend 8t' Avenue
S.E. to connect to 20tt' Street S.E. and serve the property. He noted that there are
no current plans for the development of the land by 8t' Avenue; it would be annexed
with R-1 status and would remain that zoning status. Mr. Tointon stated that they
were in compliance with the nine conditions including the bus traffic proposed for
the site.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5331
Regular Adjourned Meeting No. 21 —August 17 1998
Wishing to be heard was Scott Martin, 826 241h Street S.E. Mr. Martin noted that it
is the wish of the neighborhood that 24th Street be closed off.
Wishing to be heard was Jennifer Henderson, 839 26th Street S.E., concerned that
there be no development in the area around the wetlands/26th Street around the
Alex B. Smekta Park. Bill Tointon informed her that Seneca Foods does not own
that land.
Wishing to be heard was Naomi Smyrk, 800 26th Street S.E. Ms. Smyrk was
concerned with the issue of drainageways and wetlands. She had received
information that a wetland delineation plan needed to be done and wondered when
such a plan would become public knowledge. President Hunziker told Ms. Smyrk
that when the land is annexed to the City, such a plan would need to be approved.
Wishing to be heard was Kathy Sparks, 805 21st Street S.E., asking the developers
if they were planning on selling off any of the land. They replied they had no
current plans to do so.
Wishing to be heard was John Sadino, 924 23rd Street S.E., stating that he hoped
the land by 8th Avenue would remain R-1 and that 24th Street would be closed.
Wishing to be heard was Margaret Buske, 927 23`d Street S.E. Ms. Buske was
concerned about the schools in the area and how the development would affect the
foot traffic of children traveling to and from school.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Hruska noted that he had spoken earlier with Richard Freese,
Public Works Director, on the closing of 24th Street and the extension of 8th Avenue
S.E. He asked that a tenth condition be added to the conditions for approval
reading: "Approval of the General Development Plan be granted provided the area
on the west end of the existing 24th Street S.E. not be extended anytime in the
future unless petitioned by the neighborhood".
Richard Freese, Public Works Director, noted that the City might still want or need
access off 24th Street for utilities, pedestrian travel and other services. He
suggested that the words "vehicular travel' be struck from condition 8(e)
Councilmember Hruska moved, McConnell seconded, to approve General
Development Plan #131 by Seneca Foods and Continental Properties with ten
conditions and changing condition 8(e) striking the words "vehicular travel'. Ayes
(7), Nays (0).
Councilmembers thanked the developers for working with the neighbors in the
developmental process.
C-1-17 Councilmembers McConnell moved, Stobaugh seconded, to approve the following
consent agenda items.
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Approval of the minutes of the August 3 and August 10 Council meetings.
Approve the authorization of $5,000 for public awareness and information services
relating the DM&E proposal as recommended by the Steering Committee of the
DM&E Task Force.
Approve the following licenses and miscellaneous activities:
Fireworks
John Marshall High School at John Marshall Stadium — September 4 & 18,
October 2, 16, 27 & 31, November 6 & 13, 1998 and June 10, 1999
Master Plumber
Faribault Plumbing, Faribault, Minnesota
Sign Installer
John Boyer DBA Precision Signs, Austin, Minnesota
Master Installer
Daniel Anderson, St. Paul, Minnesota
Sound Amplification Permit
Bethany United Methodist Church — Outdoor Worship Services at Peace
Plaza on September 6, 1998 and Church Grounds — September 13, 1998
Durham Lane Block Party, 4432 Durham Lane N.W. — September 7, 1998
Gent' Werven — Political Rally at Peace Plaza — August 29, 1998
Calvary Baptist Church — Old Time Picnic — September 19, 1998
Tommy Mara Birthday Party, 1101 9t' Avenue N.W. — August 15, 1998
(waver of time restriction; prior approvals by Evans, Hunziker, McConnell, Senjem)
Salvation Army Sunday Evening church service — July 6, 1998 (amend time
to 9:00 PM)
Holiday Inn Half Marathon — Mayo Civic Center — August 22, 1998
Miscellaneous Street Use
Juvenile Diabetes Foundation Walk-A-Thon — September 19, 1998
Mayo Medical School Road Race — August 29, 1998 (Note affiliation of
Councilmembers Hruska, Senjem and Stobaugh with the Mayo Foundation)
Approve the amendment to Ordinance 3165 correcting an erroneous legal
description and instruct the City Attorney to prepare the required ordinance for
adoption.
Approve the repealing of Ordinance 3164; annexation approved by joint resolution
agreement with Cascade Township and instruct the City Attorney to prepare the
required ordinance for adoption.
Approve Accounts Payable in the amount of $1,653,580.97.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5333
Regular Adjourned Meeting No. 21 —August 17, 1998
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C-7 IAdopt Resolution No. 490-98 entering into an agreement with Making Trax
Productions to provide video taping services for Council meetings and authorize the
City to purchase and install needed rebroadcasting equipment in an amount of
approximately $11,750.
C-8 I Approve the quarterly investment report for Second Quarter 1998.
C-9 IAdopt Resolution No. 491-98 authorizing the City Clerk to advertise for bids for new
Fire Station #4.
C-10 Approve charging a fee for rental of the Ahrens Fox antique fire engine for private
use at $60 per hour with a two hour minimum and $15 per 15 minute increments
thereafter.
C-11 Accept the donation from Clements Chevrolet for the usage of two vans to transport
the honor guard to Camp Ripley for the Law Enforcement Memorial Association
sponsored training camp.
C-12 Adopt Resolution No. 492-98 authorizing the execution of a quit claim deed to B &
C Properties and Gertrude B. Sehl for their respective parts of 33`d Street N.E. lying
between TH63 North and 6ch Avenue N.E. intended to clear title to the land.
C-13 Adopt Resolution No. 493-98 awarding the contract for Project No. J-1989
"Demolition of the Former Olmsted County Health Building at 415 Fourth Street
S.E. and Construction of Parking Lot" to Road Constructors in the amount of
$79,400.00.
C-14 Adopt Resolution No. 494-98 authorizing the advertising of bids to be received on
September 2, 1998 for Project No. 8215-25-95 (J-2578) "1998 First Restoration of
the Civic Center Ramp".
C-15 Adopt Resolution No. 495-98 deleting paragraph (16) to Section "D" Truck Loading
Zones" and adding paragraph (3.6) to Section J "Passenger and Commodity
Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to
read:
(3.6) Second Street S.W.; on the north side 2 spaces in front of the
premise known as Victoria's Restaurant, 21 Second Street S.W., at
all times, 10 minute limit.
C-16 Adopt Resolution No. 496-98 adding paragraph (74.5) of Section E "Passenger
Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to
read:
(74.5) Fourth Street S.W., in the 500 block, on the south side of the street,
two stalls in front of the premises known as Knob Hill Condominium,
410 Sixth Avenue S.W., 15 minute limit at all times.
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C-17 Adopt Resolution No. 497-98 not waiving the monetary limits on municipal tort
liability established by Minnesota Statute Section 466.04 and execute the LMCIT
Liability Coverage — Waiver Form.
Ayes (7), Nays (0). Motion carried.
D-1 No one wished to be heard during the public comment section.
E-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt the following Public
Utility resolutions:
Resolution No. 498-98 entering into a contract agreement with American Power
Services, Inc. for Silver Lake Plant High Pressure Heater 4-5 Retubing in an
amount not to exceed $100,639.75.
Resolution No. 499-98 entering into a contract agreement with Thein Well
Company for Replacement Pumping Units for Municipal Wells 13 and 19 in an
amount not to exceed $42,805.00.
Resolution No. 500-98 rejecting the low bid from Mikron for failure to meet bid
specifications and entering into a purchase order with Inframetrics for Infrared
Thermographic Camera in an amount not to exceed $47,950.00.
Resolution No. 501-98 entering into a contract agreement with the Minnesota
Department of Transportation for Exhibit 9 of Highway Lighting Maintenance
Agreement No. 1785.
Resolution No. 502-98 executing an agreement with People's Cooperative
Services, Inc. for the Docket #982 Service Territory Acquisition Case based on the
settlement concepts agreed to by both parties on July 23, 1998, and contingent
upon the lump sum payment for existing customers, facilities and integration being
less than $50,000.
Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 503-
98 approving the Wetland Replacement Plan presented by B & F Properties, L.L.C.
to replace wetlands filled along TH63 south of 40t' Street S.W. providing for the
filling of 2.61 acres of Type 2 wetlands and the purchase for replacement of 5.12
acres. Ayes (6), Nays (1). Councilmember Stobaugh voted nay.
E-3 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
504-98 approving the execution of a purchase agreement with Les Nelson for the
purchase of the "Brown Lot" which is the subject matter of a City condemnation
action and which shall include a purchase price of $560,000.00 intended to include
all interest and any other costs associated with the condemnation. Ayes (7), Nays
(0). Motion carried.
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Regular Adjourned Meeting No. 21 — August 17 1998
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E-4 ICouncilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
505-98 authorizing a purchase agreement with Thomas and Theresa Haugen for
the sale of a lot in the Elton Hills Business Park at $3.75 per square foot. Ayes (7),
Nays (0). Motion carried.
E-5 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
506-98 executing a Development Agreement with Target Stores for the conveyance
to and development of lands adjacent to the existing Target Store with four
conditions. Discussion.
Councilmembers asked for reassurance that the City park located on the east
would not be used as the construction staging area. Bill Tointon, McGhie & Betts,
said that the City would provide a 30 foot easement around the site for traffic but
that it would not be used for a supply depot. He also noted that the Target Stores,
in coordination with the Park Department, will provide for enhancements to the
existing parkland.
Ayes (7), Nays (0). Motion carried.
E-6 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 507-98
executing a Development Agreement with property owners in the area of 37th Street
and TH63 North for the roadway extension linking 31 st Street to Rocky Creek Drive.
Ayes (7), Nays (0). Motion carried.
E-7 Councilmember Evans moved, Marcoux seconded, to adopt Resolution No. 508-98
executing a Storm Water Management Agreement with Continental Properties for
the development of their 47 acre parcel adjacent to TH63 South. Ayes (7), Nays
(0). Motion carried.
E-8 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
509-98 setting a hearing date of September 9, 1998 to consider expansion of
Residential Permit Parking Zone #2 (St. Mary's West Neighborhood) onto 14th
Avenue S.W. in the 300, 400 and 500 Blocks. Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
510-98 setting a hearing date of September 9, 1998 to consider expansion of
Residential Permit Parking Zone #5 (Kutzky Park Neighborhood) onto the south
side of Second Street N.W. in the 1100 Block. Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
511-98 setting a hearing date of September 9, 1998 to consider expansion of
Residential Permit Parking Zone #4 (Meadow Park Neighborhood) onto 8th Avenue
S.E. in the 1200 Block. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Amending the Provisions of Ordinance No. 3165 Which Provided For
the Annexation to the City of Rochester of Approximately 10.96 Acres of Land
Located in a Part of the Southeast Quarter of the Northwest Quarter and the
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Regular Arlineirned Meeting No. 21 —August 17, 4998
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Northwest Quarter of Section 32, township 107 North, Range 14 West, Olmsted
County, Minnesota, was given a first reading.
An Ordinance Repealing Ordinance No. 3164, Relating to the Annexation of 6.31
Acres in the Northeast Quarter of Section 20, Township 107 North, Range 14 West,
Olmsted County, Minnesota, was given a first reading.
An Ordinance Amending Sections 12.03, 112.05, Subdivision (4) of Section 112.06
and Section 112.13 of the Rochester Code of Ordinances Relating to Issuance of
Door -to -Door Salesperson Permits, was given a second reading. Councilmembers
Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to remove from the table the
item on the bid award for Project No. 9714 (J-9436) "Extend Sanitary Sewer and
Watermain Along Pinewood Road S.E." Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 512-98
awarding the contract for Project No. 9714 (J-9436) "Extend Sanitary Sewer and
Watermain Along Pinewood Road S.E." to Elcor Construction in the amount of
$776,955.25. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to remove from the table
the item on the bid of Nietz Electric, Inc. for Project No. 9754 (J-6382) "Installation
of Traffic Signal on CSAH 22 and Seventh Street N.W." Ayes (7), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Marcoux seconded, to reject the bid from Nietz
Electric for Project No. 9754 (J-6382) "Installation of Traffic Signal on CSAH 22 and
Seventh Street N.W." and authorize the readvertisement for bids for work in the
spring on the recommendation of MnDot and Richard Freese, Public Works
Director. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to waive the rules and
given the Ordinance Amending the Provisions of Ordinance No. 3165 Which
Provided For the Annexation to the City of Rochester of Approximately 10.96 Acres
of Land Located in a Part of the Southeast Quarter of the Northwest Quarter and
the Northwest Quarter of Section 32, Township 107 North, Range 14 West,
Olmsted County, Minnesota, a second reading. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 513-
98 entering into a stipulation with Western Walls, Inc., whereby both parties agree
to not appeal the July 15, 1998, condemnation commissioner's award rendered in
the condemnation case involving Cascade Lake. Ayes (7), Nays (0). Motion
carried.
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RECORD -,OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 53 -
Regular Adjourned Meeting No. 21 —August 17, 1998
Agenda
Item
H-3 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
514-98 accepting the proposed settlement in the case entitled Darlene Jones vs
City of Rochester, et.al., subject to the condition that the City pursue contribution
from those parties responsible for maintaining the skyway in question. Ayes (7),
Nays (0). Motion carried.
Having no further business, Councilmembers Evans moved, Hruska seconded, to
adjourn the meeting. Ayes (7), Nays (0). Motion carried.
ity Clerk
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