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HomeMy WebLinkAbout08-16-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 413H CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 Agenda Item A-1 B-1 President Selby called the meeting to order at 7:00 P. M., the follow ing members being present : President Selby, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. A Hearing on the Land Use Plan and Zone Change on 9.32 acres along Bandel Road N.W. and 59th Street N. W. Wishing to be heard was Ron Bailey of Yaggy Colby Assoc. representing the applicant Robert Theel of Excelsior Mn. Mr. Bailey stated that the Planning Commission came up with three different motions and Mr. Bailey presented the situation now as a compromise.to the Planning Commission::s dilemma.. The land to the east of 59th Street N.W. be split into the S 1/2 of the area W of 59th St. be zoned B-4 Commercial and the N.1/2 be zoned R-3. The other land West of this land considered would be zoned R-4 Commercial. Councilmember McConnell wondered if this compromise plan could have an area S & W (other side of Edelweis Sub. Lots 5-7)be zoned back to residential. This would offer the people who bought and built houses a little breathing room without going directly into commercial zoning. Can this little area be left as R-3. Jane Kansier, Planning Dept. stated that this was considered by the Planning Comm- ission but they felt this would be "strip zoning" and that was why they voted a 3-3 tie at that time. Wishing to be heard was Pat Haugen of 5810 Edelweiss Lane N. W. and is opposed to this area being zoned commercial. She stated that the reason no more protests are made from neighbors in the area considered is because the lots are not sold yet. Wishing to be heard was Connie Curtis of 5822 Edelweiss Lane N.W. They arQ opppposed and wants the area left as is. She represented the people in the area. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell wanted to have this tabled so that another configuration could be worked out which would compromise the developer as well as the residents. At this time McConnell moved to table. This did not get a second and no action was taken on the motion. Discussion was held by the Council on various businesses and activitil that may be put in the area known as "commercial". Covenants were considered by Jane Kansier of the Planning Dept.& stated that the problem with covenants is that no one enforces them and the Planning Dept. really does not have the time to do it. So if that is taken into consideration, covenants are really not that effective. It was noted that in R-4-a buffer would have to be made by the property that Ms. Haugen was referring to. Councilmember Evans stated that the zoning which was in effect at the time the houses were built and the property purchased should remain the same. s RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No.6 - Auqust 16, 1993 4139 1 Agenda Item B-1 Canfield moved, Hunziker second to adopt Resolution No. 408-93 to rezone the area as proposed by Ron Bailey with the split zone on the East side of 59th St. that that part South and North be split into commercial and R-3. Ayes (6), Nays (1). Councilmember Evans -voting nay. Motion carried. The findings which determined this decision was the area can be developed as B-4 and yet allow the area closest to the residents to be, R-3. B-2 A Hearing on the Petition to vacate a portion of the five foot wide utility easement located along the easterly lot line of Lot 8, Block 2 Elton Hills First Replat. Having no one present that wished to be heard, President Selby closed the hearing. Myhrom moved, Evans second to adopt Resolution No. 409-93 approving the vacation. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed vacation of a portion of the 2 112 foot wide utility easement located alg. the south property line of Lot 8,Blk 1 Western First- Replat. Evans moved, McConnell second to adopt Resolution No. 410-93 approving the vacation. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed vacation of two utility easements retained by the City in 1981 when the street ROW for 5th Avenue S. W. was vacate Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Canfield second to adopt Resolution No. 411-93 approving the vacation. Ayes (7), Nays (0).Motion carried. Councilmember Senjem noted that he is employed with the Mayo Clinic. (Mayo Foundation was the petitioner.). B-5 A Hearing on the proposed Final Plat to be known as Northern Heights East Ninth Sub. Wishing to be heard was Roger Payne of 1700 Northwood Drive N. E. and was present for any questions the Council may have. Having no one else present that wished to be heard, Preside t Selby closed the hearing. Senjem moved, Evans second to adopt Resolution No. 412-93 approving the plat with the conditions as recommended by the Planning staff 1-4. Ayes (7), Nays (0)..Motion carried. B-6 A Hearing on the 1994 Comprehensive Housing Affordability Strategy (CHAS) for the City of Rochester, Minnesota. Wishing to be heard was Kathy Kramer of Wells, Mn. Project coordinator for SE Housing Network and stated the needs for affordable housing in Rochester is great. Due to studies that she has made she has found that development of additional affordable housing in Rochester is -necessary. People wait for two to three years for affordable housing in Rochester. Additional affordable rental also should be included. Her second comment was low income preservation fund d.ollars.This is also necessary in Rochester. Wishing to be heard was Mark Casperson of 1227 6th St. S. W. and is with the Rochester Olmsted Housing. Mr. Casperson went over statistics which also show a high need of affordable housing in Rochester. 9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4 1 4 0 Adjourned Meeting No. 6 - August 16, 1993 Agenda Item B-6 Councilmember Myhrom stated that he did not think this is necessary and that the more affordable housing the City provides, the more people expect. Councilmember Evans stated that he is on the Housing Authority Committee and they have 500 people on the waiting list for affordable housing of some sort. He does see the need for this in Rochester. Councilmember Senjem stated that maybe a different approach would be thru the educational process instead of housing. He wondered how the City could attack this? Mr. Casperson stated that many authorities have been established to provide housing and a two to three year waiting list for those affordable housing units. It should be a community wide effort to educate people and solve the problems. After more council discussion, Suzanne Snyder of Executive Director of the Housing Partnership.was pr and:stated that they would like Rochester to provide affordable housing for the low income families. She defined the term "affordable housing" and that means that a family does not pay more then 30% of their income for shelter. Councilmember Myhrom stated that he has a problem with the rent costs put on rental units. IF these units were not part of a program, they would rent for lower price and the renters should be able to afford that rate. He thinks this is a rip off of taxpayers by having the landlords jack up the price and only charge the tenants a meager amt. Having no one else present that wished to be heard, President Selby closed the hearing. No action was taken at this hearing. B-7 A Hearing on the On -Sale Liquor (Exclusive) License for Torenia, Inc. DBA Maggie's. Wishing to be heard was James Hessler of 625 7th Avenue S.E. and is opposed to this "bar" coming in the area. He stated tha-c parking is not good and - will get worse with a bar in that building. Apt. buildings and various other businesses will suffer because the bar people will be parking in their places and customers will have no place to go. Wishing to be heard was Duane Hart of 311 6th Street SE and is opposed. He lives around the corner from the proposed bar and does not want the traffic, -parking, or the noise and people going to and from the bar in the wee hours of the morning. Wishing to be heard was Mark Halbakken of 2527 15th St. S.E. and is worried that he will lose his tenants if this bar is allowed. He could not police the parking as much as would be needed and his tenants would move out. Wishing to be heard was Dr. Schlotthauer of Third Avenue Pet Hospital, 414 Third Ave. S.E. He is opposed to this business going into the area. He is right next to it and he stated that most of his customers will have pets with them and pets would be' , sensitive to the bar atmosphere if they are sick and can become scared or nervous. He also is concerned about parking by his business -if they have an animal with them they cannot be parking blocks away. Also of concern was the littering and loitering of the patrons. ent 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER,, MINNESOTA +[i Adjourned Meeting No. 6 - August 16, 1993 Agenda Item B-7 Wishing to be heard was Doris Amundson of 813 6th St. SE and she is opposed. She would like to keep the neighborhood a nice place.to.,live. She is also concerned about the downstairs in the bar, .','What will go in there?" Wishing to be heard was Marsha Brown of 1352 8th Ave SE and is opposed She stated that a school is too close to the location of this bar. Wishing to be heard was Jack Harlon --owns the apart. bldg. of 504 3rd Ave SE. He has owned this building for 20 years and is opposed. He stated that parking is a problem and is concerned about the occupancy of the bar. Wishing to respond was Fred Suhler, Jr., Attorney at 2801 55th St NW, and is the attorney for Torenia's,-.Inc. He stated that the parking will conform to the requirements of the Planning and Zoning Dept. and the spaces are dictated by the zoning code. They will adhere to that l.a Wishing to be heard was Doris Crofton of 922 17th St. SE. She is opposed: She stated that the area,has enough. problems without adding a bar. Wishing to be heard was Dave1Patterson of 1545_:4th,Ave SE.and had positive comments for this bar from some of. the_neig.hbo.r•.i.ng.vbusi;nesses : He declined to name them, but\ a is in favor of this bar. He read some of the favorable comments made by the businesses. Wishing to be heard was Councilmember Paul Myhrom and can personally vouch for the people who spoke too Mr. Patterson who reported about the various businesses in favor of this bar being 1:ocated in the area. Wishing to be heard was Mr. and Mr`s. Paul Larson of 703 3rd Ave SE and they also visited several businesses in the area and found -the results were different from Mr. Patterson. They found most of the people opposed. They also do not want people from the bar going thru their yards in the middle of the night as well as parking problems and traffic. Noise and litter. They are opposed!! Wishing to be heard was John Arnold, Attorney Northwest Center and stated,.that Jim Hessler and Marty Hedstrom of the business nearby were in favor of this bar being located in the neighborhood. Wishing to be heard was John Murphylof 720 East Center St. and is strongly opposed. He reminded the Council that a letter from Mr. and Mrs. Halvorson of 115 8th Ave SE were also opposed. Wishing to be heard was Mary Beth Halt of 311 6th St. SE and is strongly opposed. She would not like to stay up all night with bar noise, traffic and fight the parking., Wishing to be heard was Fred Suhler JrAttorn ' � ,� � ey for Torero a s . Mr. Suhler stated that the zoning`ordiinance allows the barin this area and should be judged,on the basis of the �appli cati on process. He stated that there are several other bars in`the near vicinity that do not have much or no parking at all within 4000'ft. of this location. This parking, etc. is not unique to his clients proposal. He had a diagram of the building and stated that the required number�of parking spaces would be made. He went over the zoning regulations and this is -an appropriate place for this business. He stated that he could see no RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 414a CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 Agenda Item B-7 reason why the Council would deny this. Some driveways in .the businesses in the area have the entire width of their lot made into a driveway. He stated that the businesses in the area should welcome this establishment and locate this in the area because this is where the traffic is and business should be generated off that traffic. Also, it would just make good sense to allow this business in the area as allowed by the Zoning Code. Councilmember McConnell stated that it was a fine presentation by Mr. Suhler, but he -is still not in favor of this bar being put in this location. Councilmember Senjem stated that he would like to see the proposed use of the upstairs and the downstairs. Wishing to be heard was Ery Miller of 921 3rd Avenue S.E. and is opposed. Wishing to be heard was Stephanie Halbakken owner of the apartment house across the street. She is opposed. Many people have to sleep at night and this is in the middle of a:neighborhood. She is strongly opposed. Wishing to be heard was John Hanlan-.and:is strongly opposed. Having no one else present that wished to be heard, President Selby closed the hearing. Myhrom moved,'Evans second to approve this request. Upon roll call vote, Coucilmembers Canfield, Hunziker, McConnell,Senjem and President Selby voted nay. Nays (5). Council - members Evans and Myhrom voted aye. Ayes (2). Motion did not carry. Councilmember Hunziker stated.that the testimony from the residents should be reason enough to deny this.request. Findings should be based on the parking problems, impact of a bar in/on the neighborhood. Councilmember Senjem stated that the neighborhood has gradually improved and this business would be a detriment to the area. He will definitely vote "no". Councilmember Myhrom stated that traffic is not a problem. He stated that at 5-6 P.M. traffic gets bottled up but that is rush hour and when this bar would be doing most of its business, the traffic would not be this bad. This area can handle the traffic. He stated that now the building looks like junk and this business would enhance the area. The person requesting the business has paid her bills and would be a good business person. To deny this would be out of line. Councilmember Evans stated that the reason for his approval is that the zoning code allows this and we should listen -to our own zoning codes. Having no further discussion, Hunziker moved, Senjem second to instruct the City Attorney to prepare facts of findings for the Council to discuss at the next meeting; having received the negative response from five of the seven members regarding this request. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 4143 Agenda Item C-1 Senjem moved, Canfield second to approve the following Consent Agenda: C-2 Approve the following licenses and bonds: Gambling - Multiple Sclerosis for 63 Club - 1726 S. Bdwy. 921 Club - 921 Civic Center Dr. and Ed's Attic/Edwardo's of Rochester. Heating Contractor - Riester Refrigeration, Inc. of Red Wing, Mn. Master Installer - John Riester - Red Wing, Mn. Sign Erection - Leroy Signs, Inc., Minneapolis, Mn. Sidewalks - Cement - B and R Co.ritracting.,Inc., Farmington, Mn. Sound Amplification - 2nd Annual Multi -Cultural Back to School Picnic - 8-28-93 noon until 10 P.M. C-3 Approve the Accounts Payable in the amount of $831,053.83 - List on file with the City Clerk. C-4 Approve the filling of the Senior Engineering Technician - Design in the Public Services Dept. C-5 Adopt Resolution No. 413-93 setting a hearing for September 8, 1993 on the proposed vacation of the 5 foot wide utility easement located along the east side of Lot 13, Bielenberg and Geise Third. ( Jeffrey and Gail Boigenzahn.) C-6 Adopt Resolution No. 414-93 and 415-93 declaring the costs to be assessed and set a hearing for September 20, 1993 on Project 6706-1, 2,2A J 8185 ( previously postponed ) - Watertower and Trunkmains S.W. Low Level Area, Apache Tower. C-7 Adopt Resolution No. 416-93 and 417-93 declaring the costs to be assessed and ordering a hearin.g.for September 209 1993 on previously postponed assessment to Project No. 6251 - J 8569 - Construction of Watertower, . Booster Station and Connecting Watermains to serve S.W. High Level Dist. North of Salem Road S.W. and East of CSAH No. 122. C-8 Adopt Resolution No. 418-93 and 419-93 declaring the costs to be assessed and ordering a hearing for September 20, 1993 on previously postponed assessment to Project 8608-0-89 J 9125 - San. Sewer and Watermain in West Frontage Road CSAH No. 8, Future Fox Valley Dr. and Baihly Neights 5th Sub. C-9 Approve the reapportion of the assessment and order the notice to be given on Plat 5111-Parcel 00216 having a balance of assessments of $17,208.71 and a portion of that split to 6.61 acres in an amount of $3,771.54 - This leaves a balance of $13,437.17 on the remaining principal. This is for Foxcroft West Second Sub. and the project is 8505-J 8919 - Watermain Trunkline Ext. from S. W. High level Water Tower located near N.W. Corner Sec. 10-106-14 to the North Ln S.E. 1/4 Sec. 04-106-14. C-10 Adopt Resolution No. 420-93 authorizing the City Clerk to advertise for bids on Project 6201-4-90 J 9071 - St. Reconst. Con.Curb and Gutter, Storm Sewer and Watermain on 1st St. N.W. from 16th Ave. N.W. to llth Ave. N. W. Bids to be opened at 11:00 A.M. on Sept. 29, 1993. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4144 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 Agenda Item C-11 C-12 E-1 E-2 E-3 E-4 E-5 E-5A E-6 Adopt Resolution No. 421-93 authorizing the City Clerk to advertise for bids on Project No. 9306- J 2160 - Replacement of Cascade Creek Trunkline and Construction of Siphon across Cascade Creek. Bids to be opened at 11:00 A.M. on September 29, 1993. Adopt Resolution No. 422-93 adding para 313 to Sec. B of the No Parking Zones of the Comp. Traffic and Parking Book as follows: Marion Rd. S.E. ( Cty Rd. 36) on both sides from Tk Highway 14 to the City Limits at all times. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to remove the Traffic Signal at 4th Avenue and lst St. S.W. since it does not meet the warrants and authorization to re -install underground conduits for Replacement in Event that Future Conditions might Warrant. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. Councilmember Senj stated that he had a real concern about this. Hunziker moved, Evans second to adopt Resolution No.423-93 authorizing the City Clerk to advertise for bids on Project No. 2578, 2535 and 2534 Construction of Civic Center Parking Ramp and Skyways. Bids to be opened at 11:00 A.M. on Sept. 29, 1993. Ayes (7), Nays (0) Motion carried. Evans moved, Canfield second to adopt Resoltuion No. 424-93 authorizing the Mayor and the City Clerk to approve a new Airport Joint Use Agreement with the United States of America Dept. of the Air Force from Nov. 1,1992 and ending Oct. 31, 1997. Ayes (7),Nays (0).Motion carried. Canfield moved, Senjem second to adopt Resolution No. 425-93 approving a contract with McGhie and Betts for Storm Water Discharge at the Airport - this is for engineering services and the City Project is J 6956. Total amount of the contract is Phase I $16,900.00 and Phase II $8,100.00. The State will participate for 2/3 of the cost and 1/3 Local share. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to adopt Resolution No. 426-93 supporting the opposition to the construction of a new airport in Dakota County. Ayes (7), Nays (0).Motion carried. This is formerly listed as E-21 on the agenda. McConnell moved, Canfield second to deny the request for extending Villa Road N.W. into the Harborage Sub. in order to allow an easier access to 55th Street N.W. for eastbound travel trips. Ayes (5), Nays (2), President Selby and Councilmember Hunziker voting nay. Motion carried. Myhrom moved, McConnell second to approve the following resolutions as adopted by the Rochester Public Utility Board: ie 1 RECORD OF OFFICIAL PROCEEDINGS OF.THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 4145 Agenda Item E-6 Resolution No. 427-93 approving the cancelling of the electric service agreement between the City of Rochester and Franklin Heating Station and notify the Franklin Heating Station in writing prior to Aug. 25, 1993 of such cancellation. Resolution No. 428-93 approving the cancellation of electric service agreement between the City of Rochester and St. Mary's Hospital of Rochester, Mn. and notify St. Mary's Hosp. in writing prior to Nov. 1, 1993 of such cancellation. Ayes (7), Nays (0).Motion carried. It is noted that Councilmember Senjem is an employee of the Mayo Clinic. E-7 Hunziker moved, McConnell second to adopt Resolution No. 429-93 approving a contract agreement and a .first addendum to that contract agreement with THE-G Rochester Joint Venture for providing electric facilities and service to Northwest Plaza. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved, Evans second to approve the transferring of the On -Sale Intox. Liq. license for the 921 Club DBA Kings Crossing from Edward Klotz to Richard Witzke, King Cross and Gary Davis. This is located at 921 Civic Center Drive. Ayes (7), Nays (0).Motion carri d. E-9 Hunziker moved, Evans second to instruct the City Attorney: prepare an Ordinance allowing the parks to close at 11:00 P.M. and open at 51A.M. each day except that the Park Board may designate different hours for ind. parks or parkways as deemed appropriate. Councilmember Senjem was opposed and stated that closing a park is not the solution and does not want people chased out of the parks after 11 for any reason. Lots of people work different shifts and would probably jog in the parks later. Councilmember Evans stated that areas around Silver Lake is a problem and that this would simply. give the Police Dept. something to enforce. It is not intended to pick up a person that may be in the park near 11 P.M.or people riding a bike thru a park. Roy Sutherland Park and Rec. Superintendent stated that he is in favor of this because of problems they have had and the police cannot do anything about noisy people , parties, etc. if they have no ordinance in place. Ayes (5), Nays (2), Councilmembers Myhrom and Senjem voting nay. Motion carried. E-10 Canfield moved, McConnell second to adopt Resolutions No. 430-93 and 431-93 declaring the costs to be assessed and ordering a hearing for Sept. 20, 1993 on Project 9106 J 9193 - San. Sewer and Watermain on 23rd Avenue S. W. from 2nd St. to 4th St. S.W. and in 4th St. from 23rd Avenue to 1100 Feet West. Ayes (7), Nays (0).Mo.tion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4146 CITY OF ROCHESTER, MINNESOTA Ad ' ijrnp{ Meeting p 6—August 16, 1993 Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 Senjem moved, Evans second to adopt Resolution No. 432-93 and 433-93 declaring the costs to be assessed and ordering a hearing to be held on Sept. 20, 1993 on Project 8608-91 J 9185 - Street Constructior on Fox Valley Drive S. W. from Salen Road to West Line Sec. 3. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to adopt Resolutions 434-93 and 435-93 declaring the costs to be assessed and ordering a hearing to be held on Sept. 20, 1993 on Proejct No. 6237-92 J 9216 - Install Sidewalk, Curb and Gutter on Frontage Roads of 37th Street N. W. Ayes (7), Nays (0).Motion carried. Canfield moved,Evans second to adopt Resolution No. 436-93 awarding the low bid of $33,511.40 to Rochester Sand'and Gravel for Project No. 6502-93 J 9281 - Basic Construction in A thAvenue N.W. from the North Line Stevens Court Sub. to the North Line Lots 7 and 18 Allendale Sub. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to adopt Resolution No. 437-93 awarding the low bid of $58,632.00 to Insituform- Central of St. Louis Mo. for Project No. 9307 J 2161 - Reline 12 inch dia. San. Sewer in 7th St. N.W. from 600 Ft. West of Ind. Drive East to the DM & E RR Tracks. Ayes (7), Nays (0).Motion carried. Senjem moved,.Canfield second to adopt Resolution No. 438-93 approving the city to enter into an engineering contract with Yaggy Colby Assoc. to provide services for Additional High Level Storage and Connecting Trunk Line Northern Heights area. Ayes (7), Nays (0).Motion carried. Senjem moved, McConnell second to adopt Resolution No. 439-93 approving the execution of a proposed agreement with Roch. City Lines to reimburse the co. for repairs to vehicles and approve a lease between the City and RCL for the use of certain vehicles as stated on the resolution. This is for 7 years commencing 11-1-93. Ayes (7), Nays (0).Motion carried. Canfield moved, Myhrom second to adopt Resolution No. 440-93 to schedule a public hearing for Sept.20 on establishing a Permit Parking Zone No. 2 to be called St. Marys West Zone. Ayes (7), Nays (0).Motion carried. Myhrom moved, McConnell second to adopt Resolution No. 441-93 approving the modification of Para (2.1) of Sec. H-Zone F (2 hr. parki to read: 4th Ave. S. E. on both sides from 4th St. to 5th St. 8 A.M. to 5 P.M. Mon. thru Fri. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to table the request for CBD Signal Timing project at 6th St. and South Broadway to City jurisdiction from the Mn/DOT. This was tabled to the COW on Sept. 20 and brought back to the Council. Councilmember Hunziker wanted more information. Ayes (6), Nays (1). Councilmember Canfield voted nay. Motion carried. ng) I. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . - CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 4 147 Agenda Item E-20 Senjem moved, Evans second to adopt Resolution No. 442-93 amending the C.B.D. Parking Changes during the construction of the Civic Center Ramp and Skyway. Ayes (7), Nays (0).Motion carried. E-21 I See Item 5A (.This is the same item ) E-22 Canfield moved, Myhrom second to adopt Resolution No. 443-93 approving the -Application for Certification for City Involvement in Basic Cable TV Service Rate Regulation. The City Attorney is instructed to prepare an--_.- Ord i- crea.t.i ng- f- p..91 A. Ayes (7), Nays (0).Motion carried. E-23 Hunziker moved, Evans second to adopt Resolution No. 443A-93 and 444-93 and 445-93 authorizing the entrance of a contract with McGhie and Betts, Inc. for up to $4,000. for Eng. Design services; Authorize the advertisement for bids for construction of the entrance to b'e.1 ocated at US 63 South and TH 52 N and approval of the City to purchase the necessary.land rights for the TH 52 N site from Mn DOT for $1.00 with the agreement that the land be conveyed back to Mn/DOT for $1.00 in the event it is ever needed for ROW purposes. - Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning property to B-4 of 6.88 acres along Bandel Road and 59th St. N. W. was given its first reading. F-1 An Ordinance Amending and Reenacting Sec. 45.17 of the Rochester Code of Ordinances, Relating to Park Hours was given its first reading. McConnell moved, Canfield second to suspend the rules and give this Ordinance a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, Hunziker, McConnell and President Selby voted aye. Ayes (5), Councilmembers Myhrom and Senjem voted nay. Nays (2). Motion did not carry as it needs unanimous consent to suspend the rules. The Ordinance was only given its first reading. F-1 An Ordinance Creating Chapter 91A of the Rcohester Code of Ord. Relating to the Regulation of Cable Television Services and Rates was given its first reading. F-1 An Ordinance Annexing to the City 25.10 acres of lands in portions of the W 1/2 of the W 1/2 of Sec. 14 T 107N, R 14W was given its second reading. McConnell moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. H-1 Canfield moved, Hunziker second to approve the dispatching of the Police and Fire Dept. be integrated into one body. After Council discussion, Councilmember Hunziker stated that he does want more information but by proceeding with this motion, the architechts can get going with the concept. Councilmember Senjem read a proposal of which he feels should be worked out or thought of before voting on the entire integration. That list is on file with the City Clerk. After Council discussion, it was felt that more information was needed. Councilmember Senjem moved that his proposal be added as as amendment to the main motion to approve. Due to Council discussi RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4148, CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - August 16, 1993 Agenda Item H-1 which clearly indicated more information was needed, Evans moved, Myhrom second to table the proposal amendment as presented by Senjem for more information. Ayes (6), Nays (1). Councilmember Canfield voted nay. Motion carried. Senjem moved, Myhrom second to table the main motion for more information. Ayes (5), Nays (2), Councilmembers Hunziker and Canfield voting nay. Motion carried and this is tabled. Councilmember Myhrom mentioned for the record that he favors keeping the dispatching separate. G-1 McConnell moved, Senjem second to remove the request for Civic Center South Parking Lot Lease from the table. Ayes (6), Nays (1) Councilmember Canfield voted nay. Motion carried. McConnell moved Hunziker second to retable the lease fore.firthe,r- information. Ayes (7), Nays (0).Motion carried. - Having no further business, Hunziker moved, McConnell second to adjourn the meeting until 4:00 P.M. on Thursday August ,1993. Ayes (7), Nays (0).Motion carried. G City Clerk 1 .1