Loading...
HomeMy WebLinkAbout08-21-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA /�- Adjourned Meeting No. 34 - August 21, 1995 Agenda Item A-1 B-1 B-2 President Hunziker called the meeting to order at 7:00 P.M., the following members being present:.President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:None. A Hearing on the Applications for Federal and State Transit Assistance. Having no one present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 422-95 approving the request. Ayes (7), Nays (0).Motion carried. A Hearing on the 1996 Community Development Block Grant Program. Wishing to be heard on behalf of ARC of Olmsted County was Ann McGuire of 721 12th St. N.W. She urged the Council to grant them the requested amount of $16,000.00. Also supporting this organiz- ation was Kevin LaVace, Rose Neice, and Kit'Hoffman. Appearing on behalf of the Child Care.Resource and Referral was Tutti Sherlock of Rochester. Their requested amount is $80,000.00. Also appearing is Renae Johnson of 1720 50th St. N.W., a resident of 805 112 llth Avenue N.W., and Jeff.Brown. Judy Voss was present on behalf of the Omnia Family Services along with Randy Bachman and they urged support from the Council in their amount of $18,558. A representative from the We Can House was present and urged the Council approval of the requested $18,000.00. The representative is Lena Solinger of Byron, Mn. PossAbilities of SE Mn. requested $25,000. John Clanders of 2116 Haroldson Lane S.W. spoke on behalf of that agency. He urged the Council to grant them this funding. Elizabeth Reitman of 1237 19th Avenue N.E. represented Community Housing Partnership in the amount of $50,000.This organization looks for decent housing for low-income families. She wished to have Council support in this project. Also wishing to be heard on behalf of this project are: Joan Carroll and works with Northwest Mortgage and works with the clients involving the housing partnership. She sees the need to have this in this community and urges the Council support. Christine Hollborough of 2922 Stonegate Lane S.W. and also supports the project. Jack Fluegel of 601 18 112 St. S.E. representing the Rochester Family Y urged the Council to approve their requested•amount in the sum of $20,000.00. Laurie Brownell of 2027 24 112 Lane N.W. and urged the Council support for the SEMCIL project in the amt. of $50,000.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL MINNESOTA 21, 1995 CITY OF ROCHESTER, Adjourned Meeting No. 34 - August urge( 45 15 Agenda Item B-2 Wishing to be heard on behalf of Mn/Dot Dept. of Natural Resources wa ed the Council to grant Jessie Roberts, Project Coordinator. He urg them their request of $34,688. for assisting the elderly and low income people to clean up yards, and general employment of that nature. behalf of the HRA. uest for $240,000.00 Wishing to be heard was Jack Van Straaten on encouraging the Council to approve their req Don Beed represented the Habitat for Humanity in the amount of $40,000.00. Urging Councl approval. Gary Smith of RAEDI was present and urged the Council to approve their request of $100,000.00. Other agency requests who were not present are as follows: h Mentorship $72,000. Bear Creek Services $20,000.; Community Yout SE Mn Private Ind. Council $34,150.;,ABC $45,OOO: Zumbro Mental Health Center $8,600.00. The Projects requesting funds are listed in detail on the Request for Council Action which states what each agency consists of. Having no one else present that wished to be heard, this is taken under advisement by the Council and they will be submitting their vote at the September 5, 1995 meeting. This hearing is continued. B-3 A Hearing on the Permit Parking Zone 3, Mayo Park Neighborhood. Wishing to be heard was Chris Pierce of 26 Mayo Park Dr.He is d be every day of the ed to be heard, President in favor. He added that Permit Parking shoul week. Having no one else present that wish Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 423-95 approving the establis.hment.of Zone 3 "Mayo Park neighborhood". Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed vacation of several utility easements nd 31st Ave.N.W., Lot 1 located at the SE corner of 43rd St. N.W. a Blk 1 Plaza 41 Northwest. Having no one present that wished to be heard,.President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 424-95 approving the vacation. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Type III, Phase II, Petition to Amend the Final Plan for Planned Unit Dev. R-93 - Wimbledon Hills to allow the addition of two single family homes. Wishing to be heard was Lou Krall of 2804 2nd St. S.W. He is the applicant and desires into the PUD. This and B. He would like to to have the PUD amended to include Outlot A Outlot would be divided into two parcels A put single family dwellings (2 total) on these two parcels. He e beginning this Outlot the Council to approve this request. In th A was designated for a swimming pool and/or a recreation building. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4:5 f 6. Adjourned Meeting No. 34 - August 21, 1995. Agenda Item B-5 The original Wimbledon Hills was designated to be 36 condominimums but sales was slow and they then went to 20 townhomes. This replat was approved in July, 1991. Mr. Krall now wants to add this Outlot A into the PUD because the area has nothing on it now.but needs the money.to apply toward the -entire development. He urged the Council to approve its reques Wishing to be heard was Paul Ohly at 608 7th St. N.W. and stated th the assessments for the entire PUD was put on Outlot A. The proposal would be to levy all the amount toward the entire area. Also by developing Outlot A, the parking and recreation space would be used and the people now living in Wimbledon would not have this space as promised and they would be subjected to the assessment also which is a complete surprise to them since they were told that the assessments were paid. Mr. Ohly also stated that the members of the association was told that Outlot A.belonged to the association, not Mr. Krall. Mr. Ohly is representing the associations for the Condominiums and the Townhomes. A Petition was referenced to by Mr. Ohly. This petition opposed this request and was signed by al.l but two of the Homeowners Association. Mr. Ohly urged the Council to deny the request. Wishing to be heard was Carroll Brueske of 4977 Marion Ct. S.E. He stated that when he was dealing with the sales of the condo- miniums the fact that they had a parking lot was a huge factor for people buying into Wimbledon Hills. He never questioned the fact that the parking lot was not part of the Common Area. The parking lot does have a curb and gutter, storm sewer and sidewalk. He also stated that .at the time the twin home was started the building was put up before the replat was made and approved. So when it came to close, they found out that the replat had--y overlapped the common areas and the only way they could close was to get an amendment to change the Outlot A so that these buildings would not be on it so that they could get a clear title. That was one other reason that the PUD was amended in 1991. .Wishing to be heard was Bob Trygstad of 37 Conner Circle S.W. He is opposed to this request. They bought the first townhome in Wimbledon Hil.ls'. They understood that the parking lot would be there. Wishing to be heard was Tom Dacey of 70 Conner Circle S.W. He stated that it cost the townhome associations -condo association $3,000. already to hire an attorney to represent them. He is opposed. 1 Wishing to be heard was David Schulman of 49 Conner Circle. He stated that Outlot A is a major issue. This Outlot is a large piece of property set up for Recreation area and parking, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 34 - August 21, 1995 COUNCIL 4517 Agenda Item B-5 Outlot.Aicompletely surrounds this unit.(PUD). This was set up to have recreation area and parking. Mr. Krall is trying to delete this portion of the property from the PUD. He stated that even tho this is a clever move, it is not legal.It is contrary to the PUD as recorded and approved. This is the issue the Council has to face. It is a substantial change, it removes a big part of the area from the use (Common area ) from the people who are up there. The PUD was approved with the recreational and parking area in it. Unless it is replatted, the PUD and the parking and recreational area must stay as it is. That is why Mr. Krall is in front of you, trying to get it changed. Why it wasn't changed before is because it is collateral, but it is part of what is being addressed here tonight. The taxes and the assessments ended up not appearing on any of the lots when they were closed. So is anyone went to look at the registered property certificate, You would not find taxes owing on a particular lot, but what you did find , if you searched, and we had a lawyer, Jerry Perry, go to the Courthouse and searched many documents and found that all taxes and assessments were recorded on the Common areas. So, if Mr. Krall and his group intended to get a replat, all those taxes and all those assessments would have to be paid, because you can't get it replatted unless you pay the taxes. But a major portion of this property was set aside for the parking and recreational area and that is the way it was approved, that is the way it is recorded, that is what is in the public records and that is the way the plat reads. He is asking for a deviation from this and Mr. Schulman believes, as do the people, that this is a substantial deviation, this should not be approved. -He urged the Council to deny this request. Wishing to be heard was Jerry Perry, Attorney for the Members of the Condo - Townhomes Association. Mr. Ohly, Attorney, and the members of the Condo-Townhome Assoc. have expressed concerns as well as Mr. David Schulman, Attorney. He has a couple of things to ask and to bring out. 1n 1991 when the owners signed an amendment and at this time Mr. Perry asked the owners if any of them if they knew that the special assessments on Outlot A were owing on the Assoc. (Condo -Townhouse). He surmises that not one of them knew of the special assessments were owing on Outlot A.. Had they known--. this, he wonders if they would have signed the amendment. This gets to the stripping of the reality of what is going on here. Without th PUD request, Mr. Krall will not have a marketable piece of property for which to pay the $27,000. in back special assessments. You must ask yourselves, "Why are there Special Assessments on an Outlot in a Condo -or -Townhouse Assoc. in the first place. The second question is - ''Why are the sales of the townhouses going slow? By simply -that all the Outlots on Wimbledon Hills, the Outlots B and C were the rose - these members of both of the associations, when it was discovered that the Special Assessments, not only for Outlot A, but Outlots B and C were owing $3,000. plus and they had not ingress or egress or marketable title until these assessments were paid. These members -each owner - had to work out a deal with the City to have the Special Assessments paid for in return for giving the City an easement for sewer and water. s 450 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 34 - August 21, 1995 Agenda Item B-5 So these members had to pay Special Assessments that a developer normally pays when he sells on a purchase agreement for real estate. They usually pay the assessments. Why is that? Because all Special Asessments including Outlot A which we are here for were not disclosed to the buyers because of what Mr. Schulman stated it was registered property and the Outlots did not show up on the registered property certificates. He checked with the Court House and tell me what is happening with Outlot A,B and C. The Register of Title said, those were not not on the those people registered property certificates. We have over $27,000. in back special assessments. So when the issue is - Is there any substantial change, there is some history as to why Mr, Krall wants this change. Please look at the original declarations, it does reserve the right to add real estate, but it has to b e either townhomes or condominiums - that is what the original declaration says.Now to this. Now to get this portion out of Outlot A, this amendment that he is referring to, He will be going into that again as well as Mr. Schulman and Mr. Ohly. That is &substantial change to what the people thought they were buying. Mr. Perry requested the Council to deny this request. Wishing to be heard was Anita Bartel of 112 Connor Circle S.W. SHe stated that they all have more cars than what is allowed in their driveway. They need the parking lot. Also having no recreation area is a detriment to this area. Families need this. Having no one else present that wished to be heard, President Hunziker closed the hearing. Councilmember Canfield stated that he would like to see this denied and use the Plannning and Zoning Commissions Findings of Fact as the basis for the Council's decision. Having no more discussion, Canfield moved, Stobaugh second to deny the request and instruct the City Attorney to prepare Findings of Fact'as listed in No. 7 of the basis of for denial - that there is a substantial change in Phase II site plan from the approved Phase I site plan such that revised plans will not meet the standards provided by this paragraph. The substantial change would-be they removed the Outlot and the parking lot and the recreation area. Ayes (7), Nays (0). Motion carried. A Hearing on the Amendment to Planned Unit Development B-78 (Cir- Kit Concepts) to Change the Use of the Building to a Professional Off Wishing to be heard was Mac Hamilton on behalf of the PUD change and urged the Council to approve this. Wishing to be heard. was Robert Adams of 1412 4th Avenue N.W. and presented a petition opposing the request signed by 47 neighbors as they are concerned about the increased traffic and the increased parking. _ ice. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 34 - August 21, 1995 4519 L 17 Agenda Item B-6 Wishing to be heard was John Kingsley of 1417 4th Avenue N.W. He is opposed because of the traffic in the area and lots of kids. Safety is thus an issue. Wishing to be heard was Oscar Patzer of 1438 loth Avenue N.W. and is opposed. Also opposed is Dave Holtorf of 416 14th St.N.W. and Jennings Johnson of 504 15th St. N.W. Wishing to be heard was Paul Grinde of 1619 loth St. N.E. and is one of the applicants. He explained that they are buying this contract for deed and the building is 4,600 sq. ft. They will only be using approx. 3,000. and they would like to have the Council approve the usage of the remaining space to be utilized by other businesses conducive to the area such as accountants, other attorney's or tax office, etc. They need to have this amended so that these types of businesses will be allowed and allow for more employees . Having no one else present that wished to be heard, President Hunziker closed the hearing. M,Yhro mov d �% em second to approve the Planning Commission's amendments suDJ& the six conditions as listed on the Request for Council Action. After Council discussion, Stobaugh moved, Evans second to amend Condition No. 2 to allow not more than two professional offices. Ayes (7), Nays (0).Motion carried. The first motion was now voted on. Ayes (7), Nays (0).Motion carried. Resolution No. 425-95 !.-:as adol B-7 A Continued hearing on the proposed Project 9106-95 J 9353 San. Sewer and Watermain in 23rd Ave. S.14. from 4th St. S.W. to Gates Dr., in 5- St. S.W. from 500 Ft. E. to 650 Ft. West of 23rd Ave. S.G1. Wishing to be heard was Ervin Senst of 418 23rd Avenue S.W. and informed the Council that the neighborhood had a meeting on Aug. 17 and thanked Don McGillivray, Public Works Dept. for the excellent job he did in explaning the project. He also thanked the City Council in having granted this.hearing to be continued so that they could find the answers in the neighborhood. Wishing to be heard was Dave Edens of 409 23rd Ave. S.W. and had a question on the assessments until he hooked into this system. He was informed that No assessments if he does not hook up. Mr. Terry Adkins , City Attorney stated that the City can never say "never" but until a person hooks up, then they do not have to pay for assessments. Having no one else present that wished to be heard, President Hunziker closed the hearino. Evans moved, Canfield second to adopt Resolution No. 426-95 approving the project. Ayes (7), Nays (0).Motion carried. B-8 A Hearing on the Land Use Plan Amendment on the West side of Highway 3 South ( Franklin Kottschade ). Wishing to be heard was John Uban of the firm of Dahlgren , Shardlow and Uban of Minneapolis, Mn. Planner for Mr. Kottschade. He stated that this was started months ago and was delayed because they were waiting for the Corridor Study. Now this has been received. Mr. Uban stated that this is ideal for shopping. Mr. Uban stated that they have found a basic approach which works the best and that is the developer and the City working together to work out improvement systems what are good for.the developer as.well as the City., RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 452o Adjourned Meeting No 34 - August 21 1995 Agenda Item The Corridor study should not over shadow the development and vice versa. Mr. Uban stated that this is an important place for commercii development. He stated that this is really a Community center and would be a much smaller scale shopping center and would work well in this area'. He stated that this area is ideal as it collects agricultural traffic in addition to traffic going to and from the airport. Basically between 40th and 48th will be'improved and there will be a Frontage Rd. which will feed into this area. He also urged the Council to help them with this road improvment. President Hunziker stated that the City does not have money for any more -improvements that are not budgeted for. President Hunziker was also concerned about what easements would be needed if a road was to be built between 40-48th St. Mr. Uban stated that he believe! the City and Mr. Kottschade could work out these details later if the were just given a chance. Councilmember Senjem asked if the small strip. of land could be left as open space or some other use. He was told that this would be left as R-1 zone. Wishing to be heard was Tom Hexum of 922 North Broadway and he state( that something ..different is needed in this area and he proposes that he has 374 acres on the.East side and are —proposing a much larger shopping center and would invest millions of dollarsinto the community. He urged the Council to deny this request. Wishing to be heard was Dick Hexum of Rochester, Mn. and he also urged the Council to deny the request of Mr. Kottschade. Asking. the City to change the Land Use Plan alters it and people have been abiding by this and planning for years. A.resident of 374 9th Ave. S.W. was present and stated that she is opposed to the change because she does not want to see a mall out of her bedroom window. She said that building on the East side is O.K. with her. A resident of 3040 loth Avenue S.W. stated that he and some of his neighbors are opposed to the Kottschade plan but would prefer the Hexum proposal. David Middlestad of 3975 Willow Heights S.W. He is in favor of Mr. Kottschade he stated that Mr. Hexum did a poor job in building homes. Mr. John Uban wished to speak and stated that the difference tetween the two projects is that Mr.- Kottschade has a more restrictive proposal. It would fit well into the community. President Hunziker stated that what this boils down to is Regional Shopping Center vs Community Shopping Center. After considerable discussion by the Council, Charlie Reiter of the Planning Dept. gave a definition of streets and what was collector streets, etc. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 34 - August 21, 1995 4521 Agenda Item B-8 Wishing to be heard was Pat McCloud of 3344 Willow Lane she stated that it is overwhelming to just take for granted that the Hexum property will be annexed into the City at this time. Wishing to be heard was Mike Lesmeister of 101 Oakridge Dr. and is owner of Lesmeister Trucking.Thinks this should be zoned commercial. R-1 is stagnant. Having no one else present that wished to be heard, President Hunziker closed the hearing. After considerable discussion by the Council, Canfield moved, Myhrom second to deny the request and instruct the City Attorney to prepare Findings of Fact to substantiate the motion. One of the Findings is 40th St. will remain a traffic collector and does not have good vehicular access . It was also mentioned that the two developers should work together and come back with a feasible plan. Ayes (5), Nays (1), McConnell abstained, Council - member Evans voted nay. Motion carried. 1-9 A Hearing on the Zone Change Request by N.A. Realty, Franklin P. Kottschade from R-1 to B-4 ( General Commercial on 74.32 Acres along U.S. Hwy. 63 South Sly of 40th St. S.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to instruct the City Attorney to prepare Findings of Fact of the Planning and Zoning Commission to deny this request. Ayes (5), Nays (1) Council - member Evans voting nay. McConnell abstained. Motion carried. C-2-7 IMcConnell moved, Evans second to approve the Consent Agenda 2-7. No minutes were submitted for approval. C-2 Adopt Resolution No. 427-95 setting a hearing for Sept. 18, 1995 considering amendments to the Rochester Home Rule Charter as stated on the Resolution. C-3 Approve the following licenses and bonds: CIRCUSES - King Royale Circuses - 8-27-95 Olmsted Fairgrounds GAMBLING - RENEWAL -PREMISE PERMITS - Multiple Sclerosis Soc. Mpls. Premises to be Renewed - Kings Crossing Bar and Grill - Club 63, Roch.Mn. GAMBLING -TEMP. PERMITS - Rochester Civic Theater - Raffle 11-5-95 Rochester Ducks Unlimited Raffle 9-12-95 Rochester Art Center -11-4- HOUSE MOVERS- Roger Crews House movers from Austin for Pat Ryan 1793 36th Ave. S.E. and Otting House Movers from Lakeville, Mn. for Lois Rud Hayfield Mn. SEWERS AND DRAINS - Daren Hofschulte DBA D.H. Backhoe Elgin , Pin. MISC. STREET USE John Marshall High School Homecoming Parade 9-29-95 C-4 Adopt Resolution No. 428-95 approving the Sound Amplification for th Cambodian Fam. picnic Aug. 26, 1995 and the ABC Picnic on Sept. 14. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4522 Adanurned Meeting No. 34 - August 21, 1995 Agenda Item C-5 C-6 C-7 D-1 E-1 E-2 E-3 E-4 E-5 E-6 E-7 Approve the Accounts Payable in the amount of $963,889.02.The list is on file with the City Clerk. Approve the appointment to Task Force on Urban Design of Lee William Ganske of 816 14th Ave. N.E. Adopt Resolution No. 429-95 authorizing the City Clerk to advertise for bids at 11:00 A.M. on Sept. 13, 1995 for Signal Interconnect 2nd St. S.W.; TH 52 to llth Ave. and llth Ave. W to 14th St. N.W. Ayes (7), Nays (0).Motion carried. Councilmember Myhrom wanted to bring back the Cir-Ki.t item because it was wrong to limit the use of the building to two professional offices without seeing if the applicant would be in favor of that motion. Mac Hamilton also stated that he was disappointed in the decision of the Council regarding the Cir-Kit request. Senjem moved, Stobaugh second to adopt Resolution No. 430-95 approving an agreement for Projessional Services with John Perkins to update Emergency Operations Plans. Ayes (7), Nays (0').Motion carri Senjem moved, Evans second to adopt Resolution No. 431-95 approving the Monitoring Well Installation Permit for Peoples Natural Gas. Ayes (7), Nays (0).Motion carried. Stobaugh moved, McConnell second to adopt Resolution 432-95 approving a 30 year lease for the Culligan property of Lot 3., Block 2, Cook Sub. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Senjem second to adopt Resolution No. 433-95 approving the low bid for the Animal Shelter including Alt. 2 and 4a to Floyd Larson Construction in the amt. of $735,210. with the funds coming from the Future Construction Acct. J 1994 to the Animal Shelter.Acct. J 2074. Ayes (6), Nays (1).Motion carried.Evans voted n Senjem moved, Stobaugh second to adopt Resolution No. 434-95 approving the proposed amendment to the Graham'Arena Management Agreement with Olmsted Co. to include as an operating expense the loan payment and operation and maintenance costs included in the 1995 performance contract between Ol.ms•ted Co. and Johnson Controls, Inc. Ayes (7), Nays (0).Motion carried. Evans moved, Canfield second to adopt Resolution No. 435-95 authorizii the City Clerk to advertise for bids on the Civic Center Expansion. Ayes (7), Nays (0).Motion carried. Senjem moved., Canfield second to adopt Resolution No. 436-95 awarding the low bid of $2,094,700. to Alvin E. Benike for the Government Center Skyway including Alt. 3,4, and 5. Ayes (6), Nays (1).Motion carried.Councilmember Evans voted nay. 19 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 34 - August 21, 1995 COUNCIL 4523 Agenda Item E-8 enjem moved, Stobaugh second.to cancel the pbulic hearing to be held n Sept. 5, 1995 on the proposed Charter Amendment originally scheduled for Sept. 5, 1995. Ayes (7), Nay, (0).Motion carried. E-9 McConnell moved, Canfield second to adopt Resolution No. 437-95 authorizing RSP Eng. to prepare plans and specifications for the finis) ing of the Rochester .International Airport Basement and direct the City Clerk to advertise for bids to be opened at 11:00 A.M. on Sept.. 18, 1995. Ayes (6) , Nays (1).Motion carried.Senjem voted nay. E-10 Canfield moved, Stobaugh second to accept the concession proposal from Business Imaging Solutions for two Toshiba 2540 photocopiers to be installed prior to the opening of the new Public Library and one book copier to be installed in December, 1995. Ayes (7), Nays (0). Motion carried. E-11 Senjem moved, Canfield second to approve the Annexation by Ord. R.L. Hexum and Assoc. of 79.5 acres of vacant land located in the NW 1/4 of Sec. 25,.Roch..Township and instruct the City Attorney to prepare an Ord. for adoption. Ayes (7), Nays (0). Motion carried., E-12 McConnell moved, Evans second to reject.the bids submitted for Project 6301-3-95 J 2248 Reconstruct/ Rehabilitate 1st Ave. S.W. from 1st St. S.W. to 3rd St. S.W. Bids came in high. Ayes (7), Nays(0). Motion carried. E-13.'Stobaugh moved, Canfield second to adopt Resolution No. 438-95 approving the increasing in Maximum Fee for Yaggy Colby Eng. contract on Civic Center Dr. in the total amt. of $203,859.00 for Project 6205- 4-94 J 2239 Ayes (7), Nays (0).Motion carried. E-14 McConnell moved, Evans second to adopt Resolution No. 439-95 approving the low bid of $128,158.92 to Road Constructors for Project No. 6241-94 J 9282 - Street Resurfacing, Con. Curb and Gutter on 41st St. N.W. from 15th Ave. N.W.to Summit Square. Ayes (7), Nays (0). Motion carried. E-15 Senjem moved, Evans second to adopt Resolution No. 440-95 approving the proposal by Yaggy Colby for design and Construction services for the following project: 9504-95 J 9352 San. Sewer and Watermain in Riverside Dr. N.E., Erin Ct. N.E. and 27th St. N.E. all in the Riverside Sub. Ayes (7), Nays (0).Motion Carried. This is in the amt. of $29,500.00. E-16 Senjem moved, Evans second to adopt Resolution No. 441-95 entering into an assessment agreement with those property owners abutting Proj( No. 6354-95 J 9346 concerning a low flow concrete flume in the Bel Air Drainageway on the N. Line of Elton Hills Third Sub. Ayes (7), Nays (0).Motion.carried. E-17 vans moved, Senjem second to adopt Resolution No. 442-95 authorizing payment for" -extra work covered by Supplemental Agreement No. 1 for Project 9406 J 9313. Ayes (7), Nays (0).Motion carried. is 4524 Agenda Item E-18 E-19 E-20 E-21 E-22 E-23 E-24 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA AdjnijrnPd MaatinTN0 34-. August 21-, 1995 Stobaugh moved, Canfield second to adopt Res. 443-95 authorizing payment of extra work covered by Supplemental Agreement No. 1 for Project 6204-2-94 J 2230 S.A.P. 159-119-05. Ayes (7), Nays (0). Motion carried. Stobaugh moved, McConnell second to adopt Resolution No. 444-95 authorizing decrease in contract amt. covered by Supplemental Agree- ment No.. 1 for Project 9409, J 4889. Mayo Run Corridor Impts. Pond EP-16. Ayes (7), Nays (0).Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 445-95 authorizing the City Officials to sign a contract accepting the prop( by Yaggy Colby to provide Eng. Services for Project 7503-15-96 J 224� Cascade Creek Trail. Ayes (7), gays (0).r.lotion carried. McConnell moved, Evans second to adopt Resolution No. 446-95 awarding the low bid of $20,138.40 to Rochester Sand and Gravel for Project 7503-16-95 J 4946 - Walkway S. Side 41st St. N.W. from W, Frontage Rd. to 31st Ave. N.W. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 447-95 authorizing a 40 foot driveway approach Elton Hills Dr. N.W. to Herbert Hoover School. Ayes (7), Nays (0).Motion carried. Canfield moved, Stobaugh second to approve the fireworks displays for John Marshall High School for Sept. 8 thru Nov. 1, 1995 and June 7, 1996. Ayes M., Nays (0).Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 448-95 approving the Government Center Skyway Agreement. Ayes (6), Nays (1). Councilmember Evans voting .nay. Motion carried. An Ordinance annexing to the City 79.5 acres of land (R.Hexum) located in the W 1/2 of the N14 1/4 of Sec. 25, T 106N R 14W. This was given its first reading. An Ordinance Amending and Reenacting Sec. 46.02, 03 and 04 of RCO Relating to the Planting and Care of Trees and Grass and other Permitted activities in the boulevard areas. This was given its second reading. Stobaugh moved, McConnell second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. An Ordinance amending Sec. 138.02 of the RCO Relating to the Criteria for the Establishment of a residential Permit Parking Zone. This was given its second reading. McConnell moved, Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. 4n Ordinance wi.th proposed Amendments amending Sec. 38.01,02, .08 and creating Sec. 38.025, 38.150, 38.151, 152 and 153 of the RCO Relating to the Requirement for and the Suspension of Revocation of the Rental Property Registration Certificate was given its second reading. Senjem moved, Stobaugh second to approve the amendments as read. Ayes (7), Nays (0).Motion carried. The Ordinance as amended was given its second reading. Senjem moved,.Stobaugh second to adopt sal 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Adjourned MeegITnYg No R�4CHE,, 9uR� I�IINNf�QTA 4525 Agenda Item F-1 the amended Ordinance. Ayes (6), Nays (1).;Councilmember Myhrom voted nay. Motion carried. F-1 Stobaugh moved, Evans second to adopt Resolution No..449-95 approvin an Owner Contract with McGhie and Betts, for Watermain Construction of RR tracks Phase II - Seneca Foods. Ayes (7), Nays (0).Motion carried. G-1 McConnell moved, Canfield second to remove the proposal by McGhie and Betts, to provide design on Project 9106-95 J 9353 San. Sewer and WM to Gates Dr. S.W. Ayes (7),.Nays (0).Motion carried. Evans moved, Canfield second to adopt Resolution No. 450-95 approvi the project. Ayes (7), Nays (0).Motion carried. 11 I I Having no further business, Stobaugh moved, Canfield second to adjourn the meeting .Ayes (7), Nays (0).Motion carried. City Clerk 0 z