HomeMy WebLinkAbout06-03-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3, 1996 4689
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A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following
members being present: Councilmember Evans, Hruska, Marcoux, McConnell,
Senjem, Stobaugh. Absent: None.
B-1 A Hearing on Vacation Petition #96-3 by Raymond and Vivian Fischer to vacate
the existing utility easements located on Lots 1, 2, and 3, Block 1, Hampton
Rhodes Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
283-96 approving the Vacation Petition #96-3 for vacation of utility easements in
Lots 1, 2, and 3, Block 1, Hampton Rhodes Subdivision. Ayes (7), Nays (0).
Motion carried.
B-2 I A Hearing on Final Plat #96-12 to be known as White Pine Manor Townhomes.
Wishing to speak was Tom Hanson, 1827 28th Street N.W. Mr. Hanson stated
that they (the neighbors) had not been informed as to what was happening with
the development. The trees, which were in the back of the properties, have
been removed so the aesthetic view has now been destroyed. In addition, the
townhomes have been built at a grade so as to allow those residents to look
directly into the present homes. He felt that the value of the existing properties
had been lowered as a result of the development.
Terry Spaeth, Planning Department, stated that because of the zoning of the
area and the type of approval process, no notification was needed to the
neighbors because the matter did not have to come before the City Council. The
grading and drainage plans had to be worked out with the Public Works
Department. He also noted, however, that the slabs had been poured before the
approval had been given by the Public Works Department.
Wishing to speak was Jeff Griffin, Engineer representing StoneBridge Builders,
stated that the original up -grade was to have been 2.75 feet but because of a
problem with the sanitary sewer not having enough lift, an additional 4-5 inches
was needed. He stated that the drainage plan would allow excess runoff down
the driveway to the street sewer and will be better than in the past. He noted
that the trees removed were in storage and would be replaced.
Wishing to speak was Bob Ashton, 6724 Buckridge Court, StoneBridge Builders,
stated that the townhomes had siding applied on the outside with a life of at least
ten years. Residents are responsible for keeping their property maintained.
Wishing to be heard was Lisa Lande, 1835 28th Street N.W, asked for further
clarification of the drainage as she lived directly north of the townhomes.
Having no one further wishing to speak, President Hunziker closed the hearing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3, 1996
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Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
284-96 approving Final Plat. #96-12 to be known as White Pine Manor
Townhomes with the four conditions as recommended by the Planning staff.
Discussion.
Councilmember Senjem was concerned about the maintenance of the buildings
in future years. He was informed that the townhome association, comprised of
the residents, would control the exterior and interior aesthetics of the buildings.
Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
Councilmembers McConnell moved, Stobaugh seconded, to approve the
following consent agenda items.
There were no minutes for approval.
Adopt Resolution No. 285-96 supporting the application of AGRI-VET Services,
1700 North Broadway, Suite 152, to the Southeastern Minnesota Initiative Fund
for a loan of $17,500.
Approval of the following licenses, bonds and miscellaneous activities:
Gambling_- Premise Permit
VFW Post #1215
Rochester Juvenile Hockey Association at Fabe's Sports Bar
Gambling - Tempora
Family Child Care, Inc. - raffle at Gloria Dei Lutheran Church - October
14, 1996
Rochester Art Center - Raffle at Central Park for Art Festival and waiver
of 30 day holding period. - June 16, 1996
House Moving
Ricky Johnson - House from 1002 Sixth Street N.W. to Dodge Center,
Minnesota
Miscellaneous Activities
LaLeach League of Rochester - World Walk - August 3, 1996
Rochester Jaycees - Kiddie Parade - July 4, 1996
Approval of the licenses and permits for the 1996 Rochesterfest Celebration
June 15 through June 23, 1996 and adopt Resolution No. 286-96 approving
Sound Amplification Permits and waiver of time restrictions for various events
Adopt Resolution No. 287-96 approving street closings for the 1996
Rochesterfest Celebration June 15 through June 23, 1996.
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Adopt Resolution No. 288-96 approving street closings for the Rochester Art
Center's 47th Annual Art Festival in Central Park June 15th and 16th, 1996.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3 1996 4691
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C-7 IApproval of a Fireworks Display in the Mayo Civic Center for the League of
Minnesota Cities Conference on June 12, 1996.
C-8 IApproval of a Sound Amplification Permit for Bethany United Methodist Church
for an outdoor concert on June 16, 1996 from 5:00 to 7:00 P.M.
C-9 Adopt Resolution No. 289-96 approving a Sound Amplification Permit and waiver
from the time restriction for Rochester Civic Music's July 4th Celebration and the
Down By the Riverside '96 concerts series to be held July 7th through August
18th, 1996.
C-10 I Approve Account Payable in the amount.of $1,101,268.85.
C-11 Approve the appointment of Kenneth R. Bee to the position of Firefighter in the
Rochester Fire Department upon successful completion of investigations and
examinations.
C-12 Approve the appointment of Ronald A. Hansen to the position of Firefighter in the
Rochester Fire Department upon successful completion of investigations and
examinations.
C-13 Approve the appointment of Jason M. Whitney to the position of Firefighter in the
Rochester Fire Department upon successful completion of investigations and
examinations.
C-14 Approve the appointment of Adam T. Dealing to the position of Firefighter in the
Rochester Fire Department upon successful completion of investigations and
examinations.
C-15 Approve the appointment of Jean M. Mulholland to the position of Firefighter in
the Rochester Fire Department upon successful completion of investigations and
examinations.
President Hunziker noted that this is the first female firefighter hired for the City
of Rochester.
C-16 Approve the appointment of John M. Laivell, Kenneth M. Marks, Lisa K. Weber,
Thomas S. Kaase, Molly M. Hintz, Gretchen G. O'Neil, Steven A. Linde, and
David C. Franson to the position of Police Officer in the Rochester Police
Department upon successful completion of investigations and examinations.
C-17 Adopt Resolution No. 290-96 entering into an assessment agreement with Nancy
Shawback for Project No. 9910 J-2235 "Watermain Extension on the East Side
of Marion Road S. E. from Eastwood Road S. E. to approximately 800 feet
South";
Adopt Resolution No. 291-96 levying the proposed assessment for Project No.
9910 J-2235;
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4692 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3, 1996
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Adopt Resolution No. 292-96 levying the proposed water service availability fee
against the property as a service charge.
Adopt Resolution 293-96 approving the Maintenance Agreement between the
City of Rochester and Olmsted County for routine maintenance by the City of
11.13 miles of County Highway within the City and authorize the Mayor and City
Clerk to sign the agreement.
Adopt Resolution No. 294-96 adding Paragraph (4.5) to Section J "Passenger
and Commodity Load Zones" to read:
(4.5) In the alley behind the premise known as 316 South Broadway
(Venture Computer) 20 feet, more or less, in length; 30 minutes
limit, 8:00 A.M. to 5:00 P.M., Monday through Saturday.
Adopt Resolution No. 295-96 adding Paragraph (1.3) to Section C "Special
Parking Zones" Zone A - General of the Comprehensive Traffic and Parking
Resolution Book to read:
(1.3) In the alley adjacent to the premise #9 First Street N.W., 60 feet in
length, more or less, for three stalls for permit holders only.
Adopt Resolution No. 296-96 adding Paragraph 193.55 to Section B "No Parking
Zones" to read:
(193.55) Eleventh Street S.E., on the north side from Eighth Avenue to
Ninth Avenue, 7:00 A.M. to 4:00 P.M., School days only.
Adopt Resolution No. 297-96 setting a public hearing for July 1, 1996 on
expanding Permit Parking Zone No. 4 "Meadow Park".
Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W.. Mr. Nelson
congratulated the Council on coming up with "characteristics of local
government"; he likened it to a fox writing the rules for a chicken house. Mr.
Nelson also noted the use of "free dollars" for renovation of the Depot which are
really taxpayer's dollars whether they come from the federal government or not.
Wishing to be heard was Mark Halbakken, 2527 15th Street S.E. On May 20th
the Council did approve tax -related monies for the building of new apartments in
town. We have a lot of vacancies in town. These monies did not go for low-
income because the majority do not require two and three bedroom units. These
are not going to help out the low-income community at all. In doing this you are
forcing landlords with lower rents to rent to lesser individuals.
Councilmembers Stobaugh moved, Marcoux seconded, to approve the re -bid of
the Depot project and retain Kane and Johnson for $6,788 for the redesign,
subject to Save the Depot contributing $6,000 for the redesign, and to approve
obtaining quotations for the removal of the exterior asbestos material.
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Regular Meeting No. 13 - June 3, 1996 - OP3
Discussion. Members discussed that the Save the Depot organization will be
paying 95 percent of the costs for rebidding the project and that the use of the
building needs to be looked at again
Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay.
E-2 Councilmembers Senjem moved, Stobaugh seconded, to instruct the City
Attorney to amend RCO 98 to provide a five year extension of the franchise with
Peoples Cooperative Power Association, Inc. under the same terms and
conditions.
Bob Pawelski, General Manager, of Rochester Public Utilities, asked that the
Council approve the renewal of the agreement; he stated that it was a good
interim step to get us to the final result.
Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell
abstained.
E-3 Councilmembers McConnell moved, Evans seconded, to adopt the Findings of
Fact, Conclusions of Law, and Order on the Restricted Development Plan to
Permit an Elderly Condominium Housing Project in the R-1 District. Discussion.
Councilmember Senjem was concerned that a statement of fact be included as
agreed to by the owner that an odor disclosure would be made available to all
future purchasers. Terry Adkins, City Attorney, noted that the sentence would be
added.
Councilmember Senjem also noted that a concern of the residents in the area
Was that the land levels between the two developments would be equal. It was
noted that this fact would have to be checked before it could be included. He
was also concerned about the lighting of the development and how the lighting
would affect the mink. Another concern that he had was the nearness of the
driveway to the property line of the existing Realife Cooperative. The City
Attorney suggested the Findings of Fact referred to these issues.
It was the consensus of the Council to add the odor disclosure statement to the
Findings of Fact.
Ayes (7), Nays (0). Motion carried.
E-4 The Council asked for additional information on the replacement of the
transformer for the Mayo Civic Center. Roy Sutherland, Director of the Park
Department, asked the architects present from Holabird and Root to explain the
options available.
Councilmember Senjem moved, Marcoux seconded, to adopt Resolution No.
298-96 entering into an engineering agreement with Holabird and Root for the
design of electrical improvements to the Mayo Civic Center transformer. Ayes
(7), Nays (0). Motion carried.
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3, 1996
Councilmembers Senjem moved, Stobaugh seconded, to approve a change
order in the Amount of $98,400.00 to the Schroeder Leverington contract. Ayes
(7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 299-
96 approving the sale of RPU's used generator step-up transformer to Magnetic
Ohio Transformer in the amount of $51,287.00 and to adopt Resolution No. 300-
96 approving a contract with the Southern Minnesota Municipal Power Agency
(SMMPA) for providing operating agreement -host services to RPU in the amount
of $45,000 for the first year. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to approve the transfer of
the Off -Sale Non -Intoxicating Malt Liquor and Cigarette License for Econofoods
from Nash -Finch to Erickson's Diversified Corporation. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to approve the corporation
name change from Westwynn Theatres, Incorporated to Carmike Cinemas,
Incorporated for the On -Sale Wine and Non -Intoxicating Malt Liquor Licenses.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to approve the On -Sale
Intoxicating (Exclusive) Liquor and Sunday Liquor Licenses for DALF,
Incorporated DBA Fabe's Sports Bar at 530 11th Avenue N.W. Ayes (7), Nays
(0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to table discussion on the
1996 Zoning and Land Development Fee Adjustments so that the item can be
discussed with the area builders. Ayes (7), Nays (0). Motion carried.
To be discussed after item E-19.
Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 301-
96 authorizing staff to establish just compensation for land rights to be acquired
at the appraised value and complete the acquisition of land rights at appraised
value without further Council action for acquisition of 16th Avenue N.W. and Civic
Center Drive and initiate vacation for a part of 5th Street N.W. (Civic Center
Drive Area), and to authorize the Mayor and City Clerk to enter into an
agreement with Weber & Barlow, Incorporated. Ayes (7), Nays (0). Motion
carried.
Wishing to be heard were Daryl and Georgia Jenson, 2702 Erin Lane N.E.. Mr
and Mrs. Jenson stated that the majority of residents affected by the City
sewer/water proposed project were not in favor of it because of the cost for
hooking up both now and in the future. They were in disagreement with having
to sign assessment agreements and felt that such agreements held them
"hostage" and took away their rights to appeal at a later date. They also said
` RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - June 3, 1996 -469,
that they objected because at least 20 percent of the property owners had not
signed assessment agreements prior to starting the project per City policy. They
realized that they did not have to hook up but stated that if it came time to sell
their home they would have to lower the cost because of the outstanding
assessment which was accumulating interest over a ten year period.
Wishing to be heard was Ken Liliquist, 2655 Riverside Lane N.E., stating that the
pavement is broken up, and has been for several years, and did not feel that the
bids for the project should reflect the cost of the pavement replacement; the City
should be replacing the road. He was also objecting to the City not folloiwng the
policy that requires 20 percent of the property owners' signatures on
assessment agreements prior to the start of the project.
Wishing to be heard was Keith Trom, 2672 Erin Lane N.E., objecting to the
connecting charges and the interest over the 10 year period if not hooking up
immediately.
Councilmember Senjem noted that he was unaware of the opposition to the
project and stated that he would like to talk with each resident and also those
individuals owning property on 32nd Street N.E.
Wishing to be heard was Wayne Munns, 2635 Riverside Lane N.E., was
unhappy with the process and saw it as a legal way to get around the
assessment. He also stated that if they needed to replace their wells or septic
systems, they would probably be denied a permit to do so.
Wishing to be heard was Jim Buryska, 2660 Riverside Lane N.E. He noted that
at some point the price will have to be paid for hooking up or having available
sewer and water; the playing field is tilted in favor of the City.
Wishing to be heard was Max Majorowicz, 2725 Riverside Lane N.E., noting that
he is in favor of the project but not at the price.
Councilmember Evans moved, Hruska seconded, to table Project No. 9504-95
(J-9352). Discussion.
Richard Freese, Director of Public Works, noted that the cost of replacing the
existing pavement is included in the bid. The project could necessitate complete
removal of the road surface or may include only the side of the road. There will
not be a curb/gutter and sidewalk project at the same time.
Ayes (7), Nays (0). Motion carried.
It was noted that Councilmember Senjem left the meeting to talk with the
residents of the neighborhoods affected by this project.
E-13 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 302-96 awarding the contract to Road Constructors in the amount of
$315,131.50 for Project No. 9106-95 (J-9353) "Sanitary Sewer and Watermain in
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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4(09(0 Regular Meeting No. 13 - June 3, 1996
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23rd Avenue S.W. from 4th Street S.W. to Gates Drive, in 5th Street S.W. from
500 feet east to 650 feet west of 23rd Avenue S.W. and in Gates Drive S.W.
from 23rd Avenue S.W. to 200 feet west". Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No.
303-96 ordering a feasibility report for Project No. 5815-95 (J-9331) "Grind,
Overlay and Concrete Curb and Gutter on Northern Heights Drive from 7th
Avenue N.E. to Northern Valley Drive", and Resolution No. 304-96 ordering a
hearing on the project for July 1, 1996. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 305-
96 ordering a feasibility report for Project No. 9200-0-92 (J-9218) "Construct
Silver Creek Trunk Sewer along the north side of railroad from existing S.E. trunk
to East Circle Drive then construct East Circle Drive trunk sewer north along east
side of East Circle Drive to Viola Road N.E.", and Resolution No. 306-96
ordering a hearing on the project for July 1, 1996. Ayes (7), Nays (0). Motion
carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 307-96 authorizing the execution of a professional services agreement with
Yaggy Colby Associates for Project No. 9200-0-92 (J-9218) "Construct Silver
Creek Trunk Sewer along the north side of railroad from existing S.E. trunk to
East Circle Drive then construct East Circle Drive Trunk Sewer north along east
side of East Circle Drive to Viola Road N.E." Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
308-96 initiating Project No. 9609 (J-9379) "Trunk Watermain Construction from
Northern Heights East Eleventh Subdivision to Additional High Level Storage
Tower for the Northern Heights Area", and Resolution No. 309-96 ordering a
hearing on the project for June 17, 1996. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
310-96 initiating Project No. 9308 (J-9288) "Construction of a High Level Water
Tower in the Northern Heights Area", and Resolution No. 311-96 ordering a
hearing on the project for July 1, 1996. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution 312-
96 approving the Traffic Impact Report for the Menard Store at 28th Street and
South Broadway, approving entering into an owner contract with Menard, Inc. to
implement Alternative #3 from the Traffic Impact Report (City Project No. 6228-3-
96 J-9381), and authorizing staff to retain Yaggy-Colby, Inc. to further assess the
traffic impacts of future development of vacant land to the north and east of
Comfort Inn. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
313-96 authorizing staff to establish just compensation for land rights to be
acquired at the appraised value and complete the acquisition of land rights at
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RECORD OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 13 - June 3, 1996 4697
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appraised value without further Council action, and direct the City Attorney, at the
request of the City Administrator, to initiate any interests in lands needed to
facilitate the realignment of 28th Street S.E. at Highway 63 South. Ayes (7),
Nays (0). Motion carried.
E-20 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 314-96 initiating Sidewalk Replacement Project No. 5-1996 (J-9372)
"Sidewalk Replacement on 13th Avenue N.W. from Cascade Street to 20th
Street N.W.; 11th Avenue and 12th Avenue N.W. South of Elton Hills Drive; 21st
Street and 22nd Street N.W. from 13th Avenue to 15th Avenue N.W.; Zumbro
Drive from Elton Hills Drive to 4th Avenue N.W.; 26th Street, 27th Street and
29th Street N.W. from Zumbro Drive to 9th Avenue N.W.", and Resolution No.
315-96 ordering a hearing on the project for July 1, 1996. Ayes (7), Nays (0).
Motion carried.
E-21 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
316-96 initiating Sidewalk Replacement Project 6-1996 (J-9373) "Sidewalk
Replacement Project on 18th Avenue N.W. from 22nd Street to 41 st Street N.W.;
22nd Avenue N.W. from approximately 42nd Street to 48th Street N.W.; 13th
Avenue N.W. from 41st Street to 46th Street N.W.; 8th Avenue S.E. and 9th
Avenue S.E. from 16th Street to 20th Street S.E. and several miscellaneous lots
throughout the City", and adopt Resolution No. 317-96 ordering a hearing on the
project for July 1, 1996. Ayes (7), Nays (0). Motion carried.
E-22 Councilmembers McConnell moved, Stobaugh seconded, to instruct the City
Attorney to prepare an ordinance amending RCO 45.02 adding language to
permit fireworks in parks and parkways at the approval of the Park Board. Ayes
(7), Nays (0). Motion carried.
G-1 Councilmembers Evans moved, McConnell seconded, to remove from the table
the item dealing with Wetland Impact and Replacement for the West Circle Drive
and U.S. 14 Intersection. Ayes (7), Nays (0). Motion carried.
John Hartford, Planning Department, explained that the 14.8 acres of wetland in
Olmsted County will be replaced by using up the wetland credits that the County
has in Aitkin and Waseca Counties.
Councilmembers Marcoux moved, Hruska seconded, to accept the Findings of
Fact, Conclusions of Law, and Order as presented. Ayes (7), Nays (0). Motion
carried.
F-2 An Ordinance creating and enacting Section 98.20 and Amending and
Reenacting Section 98.02 of the Rochester Code of Ordinances, Relating to the
Electric Utility Franchise was given a first reading. (Renewing franchise for five
years)
F-2 An Ordinance Amending and Reenacting Section 45.02 of the Rochester Code of
Ordinances, Relating to Permission for Fireworks in Parks and Parkways was
given a first reading.
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Councilmembers Stobaugh moved, Evans seconded, to suspend the rules and
give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmembers McConnell moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
An Ordinance Creating Subdivision 5 of Section 85.10 of the Rochester Code of
Ordinances, Relating to the Control of Noises from Radios, Tape Players and
Disc Players in the City of Rochester was given a second reading.
Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to table an Owner Contract
for Basic Construction in Manorwood Lakes Second Subdivision. Ayes (7), Nays
(0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 318-
96 approving an Owner Contract with Arnold Bomgaars and Elcor Construction
for a project entitled 'Basic Construction in Northern Heights North First
Subdivision (Lots 1-16, Block 1; Lots 1-4, Block 2; Lots 1 & 2, Block 3; and Lot 1,
Block 4) - J-9368". Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers McConnell moved, Stobaugh
seconded, to adjourn the meeting.
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