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HomeMy WebLinkAbout07-15-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular -Adjourned Meeting No. 16 - July 15, 1996 4725 1 Agenda Item A-1 B-2 B-3 President Hunziker called the meeting to order at 7:00 P.M. with the following being present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem and Stobaugh. Absent: None. A Hearing on the Annexation by Ordinance Petition #96-10 by the Verna Badger Trust on 8.28 Acres in Part of SE 1/4, NE 1/4, Section 20, Cascade Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem-moved, Stobaugh seconded, to continue the hearing to the August 5th, 1996 meeting at the request of the applicant. Ayes (7), Nays (0). Motion carried. A Hearing on Zone Change Request #96-8 by the Verna Badger Trust from the R-1 District to the M-1 District. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Hruska seconded, to continue the hearing to the August 5th, 1996 meeting at the request of the applicant. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #83 known as The Arboretum. The residents listed below asked to speak before the Council. All were concerned that the proposed Lincolnshire Seventh Subdivision, the area to their west, would have a change in density resulting in living structures not of a single family nature. They were also concerned about the realignment of 48th Street allowing for a greater traffic flow through the neighborhoods containing many small children. They were also concerned about the change in density to the north of the proposed street revision. Residents noted that the developer had assured them that this area would remain only single family homes. Residents speaking were: Michael Wencl, 3543 Arbor Drive N.W. JoAnn Kramer, 3415 Arbor Drive N.W. Dale Stockinger, 3503 Arbor Drive N.W. Lin Woon Tzu, 4406 Scarborough Lane N.W. Dennis Moore, 3416 Arbor Drive N.W. Keith Kramer, 3415 Arbor Drive N.W. Leon Plantz, 4519 Scarborough Lane N.W. Robert Benner, 3559 Arbor Drive N.W. Dave Boutcher, 3206 Wembley Lane N.W. Clark Leiphart, 4527 Scarborough Lane N.W. David Jones, 3305 Wembley Lane N.W. Wright Nee, 3567 Arbor Drive N.W. Valerie Tzu, 4406 Scarborough Lane N.W. 4726 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 Agenda Item B-4 Wishing to be heard was Don Borcherding, Yaggy-Colby, representing Cordul Establishments and Mike Younge. Mr. Borcherding explained that the density for Lincolnshire would remain exactly as the original plan for The Arboretum area, 76 single family homes in the proposed Lincolnshire 7th Subdivision. Kings Run Drive, to the north of the proposed development, would be moved south to align with 48th Street and West Circle Drive as proposed by the Public Works Department. The north -south road currently planned for the new development, known as Arboretum Drive would be eliminated and a stub road would connect Kings Run Drive to the present Lincolnshire developments. Councilmembers questioned why the notice had indicated a change in density if, in fact, there would be none in the proposed development of Lincolnshire 7th Subdivision. It was explained that by moving Kings Run further south, it created a space for greater density to the north. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to table action on General Development Plan #83 known as The Arboretum for 30 days and schedule the topic at a Committee -of -the -Whole meeting to have further information on the roadways, the development and the density issue. Discussion. Discussion pointed out that the general development plan could be approved for the 76 single family housing unit with only the elimination of the north -south Arboretum Drive and leave all other roads and boundaries unchanged. Councilmembers McConnell and Stobaugh withdrew the motion and the second. Councilmembers Marcoux moved, Senjem seconded, to approve General Development Plan #83 known as The Arboretum eliminating the north -south Arboretum Drive. The Council, by consensus agreed to add conditions 2 through 9 to the motion. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land subdivision Permit (Preliminary Plat), #94- 14, Lincolnshire 7th Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicants. He pointed out that condition #3, redesign of the intersection of Arbor Drive and Arboretum Drive has been accomplished to provide more of a turning radius as requested by The Public Works Department. He also pointed out that the development of Lincolnshire 7th would contain the stated 76 single family homes on 2.38 acres of land. Wishing to be heard was Mark Utz, Dingle and Wendland, Ltd., representing Alpha Realty Corporation. He noted that Alpha will be working with the Public Works Department on the alignment of the sewer line and the increase of the sewer line from eight to twelve inches to accommodate further growth. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular, Adjourned Meeting No. 16 - July 15, 1996 4 7 2 7 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Land Subdivision Permit #94-14 (Preliminary Plat), Lincolnshire 7th Subdivision with the nine conditions recommended by the Planning Commission. It was pointed out that condition #1 should state that the grading and drainage plan be prepared and approved by the Public Works Department, not the City Council as written. On general consensus of the Council, the motion was amended to include this change. Ayes (7), Nays (0). Motion carried. B-5 IA Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) to be known as North Park Seventh Subdivision. Wishing to be heard was Louis Yockey, McGhie and Betts, noting that the applicant has agreed to the five conditions recommended by the Planning Commission and is available to answer any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve Land Subdivision Permit to be known as North Park Seventh Subdivision with the five conditions recommended by the Planning Commission. Ayes (7), Nays (0). Motion carried. B-6 IA Hearing on Amendment to Planned Unit Development R-43 (Northridge Village). Wishing to be heard was William Butts, Vice -President of Northridge Village, 2807 24th Street N.W., available for questions. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmember Evans moved, Senjem seconded, to adopt Resolution No. 382-96 approving the Amendment to Planning Unit Development R-43 with the three conditions was recommended by the Planning Commission. Ayes (7), Nays (0). Motion carried. B-7 A Hearing on Vacation Petition #96-7 by Daniel Macken to vacate the easterly 14 feet of the 11th Avenue S.E. right-of-way between T.H. 14 and. 10th Street S.E. 4728 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 Agenda Item C-1 - C-16 C-1 C-2 Wishing to be heard was Randy Ashford, Ashford Architecture, working with the Mackens on their funeral home expansion. He explained that the 14 feet vacated would bring the right-of-way width back to normal size of 66 feet. It is planned that the vacated area would be for funeral home parking of cars. Curb and gutter would also be included. Wishing to speak was Earl Passe, 1016 11 1/2 Street S.E. Mr. Passe was in opposition to the vacation of the extra street footage. He stated that the traffic caused by students (Mayo High School) and the school buses racing through 11 1/2 Street at times is dangerous. He also felt that a stop sign should be added at 11 th Avenue and 11 1/2 Street. Don MacGillivray, Public Works Department, stated that it is planned that the three lanes on the south side of the Belt Line will be for left and, right turns and only allow the middle lane to cross on 11th Street. He felt that the narrowing of the road would slow traffic rather than cause a hazard. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmember McConnell moved, Evans seconded, to adopt Resolution No. 383-96 approving Vacation Petition #96-7 by Daniel Macken to vacate easterly 14 feet of 11th Avenue S.E. with the one condition of utility easements as recommended by the Planning Commission. Richard Freese, Public Works Director, received a call from Linda Suter, 919 10 1/2 Street S.E. requesting that the Council widen 11th Avenue from 11th Street to 10 1/2 Street. Ayes (7), Nays (0). Motion carried. A Hearing on the Annual Review of the Rural Service District Parcels. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 384-96 adding eight properties with a total of 371.7 acres to the Rural Service District. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hruska seconded, to approve the following consent agenda items: Approval of the minutes of the July 1, 1996 meeting. Approval of the following licenses and miscellaneous activities: Single Dance Aviary Restaurant - Annual Malibu Mania - July 18, 1996 L RECORD OF OFFICIAL PROCEEDINGS OF:THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15 1996 4729 Agenda Item Gambling - Temporary Raffle Ronald McDonald House - Raffle at Willow Creek Golf Course - July 26, 1996 Gambling - Premise Permit Mn Operators of Music & Amusement Education Scholarship Fund - at Holiday Inn South and Wright Stuff Restaurant Master Plumber Gary Mitsch DBA Major Mechanical, Incorporated, Maple Grove Dale Sorenson Company, Bloomington Street Use Sierra Club & Cycling Club Bike Ride - July 21, 1996 C-3 Approval of the transfer of the Off -Sale Intoxicating Liquor License from the present Kahler Realty Corporation to the new Kahler Realty Corporation due to stock repurchase. C-4 Adopt Resolution No. 385-96 approving a Sound Amplification Permit and waiver of the time restriction for the American Red Cross for their annual meeting at 310 14th Street S.E. on August 6, 1996. C-5 Adopt Resolution No. 386-96 approving a Sound Amplification Permit and waiver of the time restriction for Lorraine Benike, Aviary Restaurant, 4320 Highway 52 North for the annual Malibu Mania Celebration to be held on July 18, 1996. C-6 Approve a Sound Amplification Permit for Ability Building Center's annual picnic to be held on August 23, 1996 at Cook Park. C-7 Adopt Resolution No. 387-96 approving a Sound Amplification Permit and waiver of the time restriction for Rookies Sports Bar & Grill, 1201 South Broadway, for a live band on July 11th and 18th and karaoke on July 10th and 17th, 1996. C-8 I Approve accounts payable in the amount of $1,162,636.59. C-9 Adopt Resolution No. 388-96 authorizing the Mayor and City Clerk to sign an assessment agreement for Mr. Mark L. Douglas, 416 23rd Avenue S.W. for a connection charge for Project No. J-9353 'Sanitary Sewer and Watermain in the Hillcrest Area" and a water tower assessment for Project No. J-8569 "Baihly Water Tower". C-10 Adopt Resolution No. 389-96 authorizing the Mayor and City Clerk to sign an assessment agreement for Mr. Jacob Fretty, 1242 Marion Road S.E. for Project No. J-2235 "Watermain on East Side of Marion Road S.E. from Eastwood Road S.E. to Approximately 800 Feet South". Adopt Resolution No. 390-96 levying the connection charge for Project No. J- 2235. 4730 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 Agenda Item Adopt Resolution No. 391-96 levying the water service availability fee for Project No. J-2235. C-11 Adopt Resolution No. 392-96 authorizing Change Order #1 to Project No. 8215- 24-96 (J-2594) "Architectural Improvements to N.W. Stair Tower of 2nd Street Ramp" in the amount of $2,624.00. C-12 Adopt Resolution No. 393-96 adding paragraph j3.451 to Section H "Limited Parking Zones" Zone F (2 Hour Limit) of the Comprehensive Traffic and Parking Book to read: (3.45) Sixth Avenue S.W. on the west side between Third Street and Fourth Street between the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. C-13 Adopt Resolution No. 394-96 adding changes in Section I "Metered Parking Time Zones" of the Comprehensive Traffic and Parking Resolution Book to read: 1.) Change paragraph (13) of Section I "Zone E - 90 Minute Metered Parking" to read: (13) Second Street N.W. from 1st Avenue to 3rd Avenue N.W. 2.) Add paragraph (7) to Section I "Zone G - 3 Hour Metered Parking" to read: (7) Second Street N.W. from Broadway to 1st Avenue N.W. C-14 Adopt Resolution No. 395-96 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 Sidewalk Project No. 5-1995 (J-4946). C-15 Adopt Resolution No. 396-96 entering into a purchase order agreement with Hawkins Chemical, Incorporated for one-year supply of water treatment chemicals (delivery of polyphosphate and fluorosilicic acid solutions direct to well houses), the contract period to be for a period extending one year from the date of signing in the amount not to exceed $59,365.99. C-16 Approve to accept donated funds from the Celebrity Bowl Charity in the amount of $3900.- and to appropriate them to the G.R.E.A.T. program. Ayes (7), Nays (0). D-1 Wishing to be heard was Jim Bier, discussing his property at 402 12th Avenue S.E. Mr. Bier gave the Council a history of the offer that the City had initially made and then withdrew for the 4th Street project property taking. Mr. Bier felt that the property value had been lessened in market value and asked that the City do one of three things: 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 478) Buy the house and then Eneron, Inc. would buy back some of the land for the immediate south property to increase the yard size, or 2. Purchase the original property that was to be taken at $5000 and replace the spruce tree that was removed, or 3. Pay to Eneron, Inc. $3600 for the property valuation decrease and reduce the special assessment for Fourth Street S.E. D-1 Wishing to be heard was Cary DeVan, 5220 Highgrove Lane N.W. Mr. DeVan noted that prior to the Council's approval of the White Oaks Subdivision final plat, Dakota of Rochester had accomplished some of the undone work at Kings Run, particularly in the drainage ditch, but had caused another problem with water backing up and the sodding had not yet been accomplished. Since the approval of the final plat, not much has been done. Councilmembers were in agreement that a public hearing be held on August 5, 1996 with the principals involved to find out progress at Kings Run Subdivision. E-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 397-96 for a revocable license agreement to allow the encroachment on City land for a liquid nitrogen trailer adjacent to 300 First Street N.E. Wishing to speak was Gary Dietrich, Genex, 3709 Third Street N.W., assuring the Council that the liquid nitrogen that was to be stored on the site would pose no danger; liquor nitrogen is not flammable. He also noted that the required insurances holding the City harmless in the case of accidents and other situations would be secured. Ayes (7), Nays (0). Motion carried. E-2 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 398-96 approving Change Order #9 in the amount of $22,776.00 to the Knutson City Hall contract. Ayes (7), Nays (0). Motion carried. E-3 Councilmember Marcoux moved, Evans seconded, to approve the contribution of $2,560 to the League of Minnesota Cities to fund the Rights of Way Task Force and transferring $2,560 from the Contingency Account to the Mayor/Council budget to cover the expense. Discussion. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 41322 Regular Adjourned Meeting No. 16 - July 15, 1996 Agenda Item E-4 E-5 E-6 E-7 E-8 E-9 E-10 Councilmember McConnell noted that he was not in favor of the expenditure; that the League membership fees should cover expenses such as this. Cities were being assessed the costs on a voluntary basis and not all cities would pay their share. Terry Adkins, City Attorney, noted that, as a member of the Task Force, he was aware the League did not have the funding available to hire an outside law firm (the project would take more staff time than they had available) nor to be used for lobbying efforts. He noted that this was a very serious threat to Cities. Ayes (6), Nays (2). Motion carried. Councilmembers McConnell and Hruska voted nay. Councilmembers Evans moved, Stobaugh seconded, to accept the CDBG funding request award of $350,000 for a total of $637,000 in 1996 from the Department of Housing and Urban Development and approve the Grant Agreement. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to approve the Findings of Fact, Conclusions of Law, and Order as prepared by the City Attorney on General Development Plan #120-96 to be known as Lake DeWitz. Ayes (7), Nays (0). Motion carried. Adopt Resolution No. 399-96 authorizing the Mayor and City Clerk to execute the agreement with Airport Consulting Services Group, Incorporated to provide for professional services for the Airport. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve extending 5.0 acres of parkland dedication credit to Eugene Cassidy for his use in meeting future parkland dedication obligations in the NE quadrant of the City. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 400-96 authorizing the elimination of the Water Electrician position and the addition of one Distribution Worker position at the Public Utilities Department. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 401-96 entering into an agreement with Olmsted County for the reconstruction of Fourth Street S.E. between 13th Avenue and 19th Avenue S.E. (Project No. J- 2244) with a County contribution of $261,207 towards the costs of said project. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 402-96 appropriating the sum of $441,898.59 from the City's Municipal State Aid Funds for the construction of Fourth Street S.E. between 13th Avenue and 19th Avenue S.E. (Project No. J-2244) and request the Commissioner of Transportation to approve the authorization. Ayes (7), Nays (0). Motion carried. 1 J RECORD IOF OFFICIAL ''PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 4738 Agenda Item E-11 Councilmembers McConnell moved, Stobaugh seconded, to approve the amendment to R.C.O. 28.03 Subdivision 2, which establishes a connection charge for water and sewer service for portions of a parcel which is subdivided off from a larger parcel which an abatement was previously approved under R.C.O. 28.031 . Ayes (7), Nays (0). Motion carried. E-12 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 403- 96 and 404-96 accepting a feasibility report and setting a public hearing on August 5, 1996 for Sidewalk Project No. 4-1996 (J-9371) 'Replacement of Sidewalk on North Side of 4 1/2 Street N.W., 11th Avenue to 13th Avenue N.W. Construction of New Sidewalk 13th Avenue N.W., 5th Place to 4th Street N.W. New Sidewalk and Curb South side of 5th Place N.W., 16th Avenue to 13th Avenue N.W.". Ayes (7), Nays (0). Motion carried. E-13 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 405-96 and 406-96 accepting a feasibility report and setting a public hearing on August 5, 1996 for New Sidewalk Project No. 9-1996 (J-9385) "Various Locations Throughout the city. Seventh Street and 43rd Avenue N.W. (Retention Pond and Fill-ins); North side of 9th Street N.E. from 17th Avenue to 19th Avenue; West side of 11th Avenue S.E. from 11th Street to 10 1/2 Street S.E.; 16th Avenue S.E., 8 1/2 to 10th Street S.E.; 11th Street S.E.; 15th Avenue to 16th Avenue S.E.; 10th Street S.E., 15th Avenue to 16th Avenue". Ayes (7), Nays (0). Motion carried. E-14 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 407-96 adding paragraph (148.5) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (148.5) Seventh Street N.E. on the north side from East Silver Lake drive N.E. to a point 200 feet east of East Silver Lake Drive N.E. Ayes (7), Nays (0). Motion carried. Discussion. Councilmembers were concerned about the speed limit on East Silver Lake Drive N.E. at 40 MPH particularly because of the Silver Lake Swimming Pool and the new playground area and children running across and into the street. Councilmember Evans suggested that a fence be erected on the south side of the street by the new playground to prevent parking of vehicles other than in the parking lot and thus eliminating the children running into the street. Staff was directed to remove the 40 MPH speed signs and replace with 30 MPH even though the Minnesota Department of Transportation has refused to change the speed limit. E-15 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 408-96 awarding the contract for the 1996/1997 C.B.D. Parking Lot Snow Removal to Doyle Conner Company, Rochester, in the amount of $50,208.00. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4734 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 Agenda Item E-16 Councilmembers McConnell moved, Stobaugh seconded, to amend the Residential Permit Parking R.C.O. 138.04 to: 1.) For land uses authorized within the zone, allow employees to apply for and receive on -street parking permits, and 2.) Allow residents to obtain two temporary guest permits at the regular $5.00 annual fee. Ayes (7), Nays (0). Motion carried. E-17 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 409-96 awarding the contract for Sidewalk Replacement Project No. 5-1996 (J- 9372) 'Replacement of Sidewalk in the Elton Hills Area" to El Bishop Construction in the amount of $43,698.93. Ayes (7), Nays (0). Motion carried. E-18 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 410- 96 awarding the contract for Sidewalk Replacement Project No. 6-1996 (J-9373) "Replacement of Sidewalk in 18th Avenue, 13th Avenue, 22nd Avenue N.W. and 8th Avenue, and 9th Avenue S.E." to El Bishop Construction in the amount of $57,984.25. Ayes (7), Nays (0). Motion carried. E-19 Councilmembers Stobaugh moved, Marcoux seconded; to adopt Resolution No. 411-96 awarding the contract for Project No. 6301-3-95" (J-2248) "Reconstruct/Rehabilitation on 1st Avenue S.W. from 1-st Street S.W. to 3rd Street S.W." to Doyle Conner Company in the amount of $230,154.59. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. E-20 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 412-96 accepting the petition from the residents and setting a special assessment hearing for August 19, 1996 for Project No. J-9387 'Bituminous Resurfacing of 600 Block of Memorial Parkway S.W." Ayes (7), Nays (0). Motion carried. F-2a An Ordinance Amending Ordinance No. 1466, Relating to the Designation of Certain Lands in the City of Rochester as Part of the Rural Service District was given a first reading. Councilmembers Senjem moved, McConnell 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, Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-2b An Ordinance Amending and Reenacting Subdivision 2 of Section 28.03 of the Rochester Code of Ordinances, Relating to the Sewer Connection Charge was given a first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - July 15, 1996 4735 Agenda Item F-2c An Ordinance Amending Section 138.04 of the Rochester code of Ordinances, Relating to the Permit Application. Procedure for Residential Permit Parking Zones was given a first reading. Councilmembers Senjem moved, Stobaugh 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 Stobaugh moved, Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F3a An Ordinance Annexing to the City of Rochester Approximately 19.89 Acres of Land Located in the West Half of the Northwest Quarter of the Northwest Quarter of Section 17, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. (located south of 55th Street N.W., east of 50th Avenue N.W. and West of Nicklaus Drive N.W.) Councilmembers Marcoux moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F4a Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 413-96 approving an Owner Contract to Menards, Incorporated and Fraser Construction for Project No. J-9382 "Realignment of 30th Street S.W., Realignment of Sanitary Sewer and Watermain, Extension of Storm Sewer and Watermain Extension to Serve Menard's Site". Ayes (7), Nays (0). Motion carried. F4b Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 414- 96 approving an Owner Contract to Schmidt -Daily Partnership and Road Constructors, Incorporated for Project No. J-9307 "Basic Construction in Bandel Hills Seventh Subdivision". Ayes (7), Nays (0). Motion carried. H-1 Councilmember McConnell moved, Evans seconded, to direct staff to notify the principals involved of a public hearing to be held August 5, 1996 at 7:00 P.M. to consider the progress being made to comply with the conditions attached to the Kings Run Subdivision. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers McConnell moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk