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HomeMy WebLinkAbout10-07-1996Agenda Item M B-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem and Stobaugh. Absent: None. Mayor Canfield announced that the traveling Smithsonian Institute would be stopping at the Rochester Airport on Friday, October 11th, giving a preview of the artifacts that will be shown in St. Paul during their stay. A Hearing to Consider Charter Amendment Including the City Administrator Position in Charter. Wishing to be heard was Gail Baker, 1412 Berkman Court S.E., speaking on behalf of the sub -committee of the Charter Commission that looked at the issue. She noted that the City Administrator is the only member of the administration who is not in the Charter; even though the position is regarded as one of the most important staff positions. Wishing to be heard was Jim Engh, member of the Charter Commission. Mr. Engh pointed out that presently there is a conflict between certain duties of the Mayor being in charge of the City Departments and the charge given to the City Administrator by the Common Council that could present a potential problem in the future. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to instruct the City Attorney to prepare an ordinance for adoption amending the charter by including the City Administrator's position. Discussion. Councilmember Senjem presented a written statement opposing the inclusion of the City Administrator position in the Charter. Mr. Senjem felt that the change would not resolve the conflict between the Mayor and City Administrator position responsibilities and would also hamper the flexibility for City/County merger. Other councilmembers did not feel that a charter amendment was a stumbling block to any merger discussions pointing out that there have been several charter amendments during the past year. Councilmember Senjem moved, McConnell seconded, to table the hearing to October 21 st, 1996. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation by Ordinance Petition #96-12 by the Verna Badger Trust of 16.88 acres of land located on the north side of Valleyhigh Road N.W. and east of West Circle Drive, in the SE 1/4, NE 1/4, Section 20, Cascade Township. Having no one present wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 4787 I- I - Agenda Item W B-4 W. Councilmembers McConnell moved, Marcoux seconded, to approve the Annexation by Ordinance Petition #96-12 of 16.88 acres of land by the Verna Badger Trust and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Zone Change Request #96-9 by the Verna Badger Trust from the R-1 District to the M-1 District. Having no one present wishing to be heard, President Hunziker closed the hearing. . Councilmembers McConnell moved, Hruska seconded, to approve Zone Change Request #96-9 by the Verna Badger Trust and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #96-24 to be known as Commonweal Subdivision. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 539-96 approving Final Plat #96-24 to be known as Commonweal Subdivision with one condition as recommended by the Planning staff. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #96-25 to be known as The Greens Subdivision. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. Mr. Tointon discussed the three conditions recommended by the Planning Staff. He noted that condition #1 on parkland dedication was okay as recommended. Condition #2 on the future bike path was discussed with Public Works and they will work together on the planning of the bike path. A contribution agreement was presently being drafted for the paved shoulder along 50th Avenue and 55th Street N.W. for condition #3. Richard Freese, Public Works Director, concurred with Mr. Tointon's statements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 540-96 approving Final Plat #96-25 to be known as The Greens Subdivision with the three conditions as discussed. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #96-22 to be known as Kensington Cottages Second Subdivision. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -47SS CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 Agenda Item B-7 i- C NE Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that the grading plan has been approved by Public Works. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 541-96 approving Final Plat #96-22 to be known as Kensington Cottages Second Subdivision with three conditions as recommended. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II PUD Amendment #96-7 by John Bass to Amendment Planned Unit Development R-95 (Salem Point) to allow the addition of an attached garage to the existing storage and office building located on the south side of CSAH 25. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 542- 96 approving PUD Amendment #96-7 for Salem Point with one condition recommended by the Planning Staff. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #96-15 to be known as Foxcroft South Subdivision. Having no one present wishing. to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 543-96 approving Final Plat #96-15 to be known as Foxcroft South Subdivision. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #96-14 by Roger Carlsen and Jerry Nelson to vacate the west 5 feet of the 20 foot easement on Lot 1, Block 1, White Oaks Subdivision, except the northerly 10 feet and except the southerly 5 feet. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 544-96 approving Vacation Petition #96-14 by Roger Carlsen and Jerry Nelson for the White Oaks Subdivision. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #96-17 by High Plans Cooperative to vacate a portion of an unplatted utility easement located within the boundaries of Lot 3, Block 1, Northern Heights East 11th Subdivision. LI Having no one present wishing to be heard, President Hunziker closed the hearing. RECORD OF'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 ,4 7 8 9 1 Agenda Item B-11 B-12 B-13 B-14 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 545-96 approving Vacation Petition #96-17 by High Plans Cooperative for a utility easement in Northern Heights East 11th Subdivision. Ayes (7), Nays (0). Motion carried. A Hearing on Special District Amendment Project Development Plan #96-1 by Carriage Homes, Inc. for the Arboretum Special District to permit the construction of 128 condominium units on approximately 27 acres of land located south of Kings Run. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 546- 96 approving Special District Amendment Project Development Plan #96-1 by Carriage Homes, Inc. for the Arboretum Special District. Ayes (7), Nays (0). Motion carried. A Hearing on Special District Amendment Final Site Plan Phase #96-1 by Carriage Homes, Inc. for the Arbortetum Special District to permit the construction of 66 condominium units on approximately 12.36 acres of land located south of Kings Run. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 547-96 approving Special District Amendment Final Site Plan Phase #96-1 by Carriage Homes, Inc. for the Arboretum Special District with two conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land subdivision Permit (Preliminary Plat) #96- 23 to be known as Carriage Homes Subdivision. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Land Subdivision Permit #96-23 to be known as Carriage Homes Subdivision and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation by Ordinance Petition #96-11 by Payne Company to annex 34.86 acres of land located south of CSAH 2 (Viola Road NE), approximately 1/3 mile east of CSAH 22, in part of the SW 1/4, Section 30, and the NW 1/4, Section 29, Haverhill Township. r, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4790 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7. 1996 Agenda Item Wishing to be heard was Duane Kroening, Chair, Haverhill Town Board. Mr. Kroening noted that the township board was objecting to the annexation of the lands proposed. He stated that there should be no more commercial property developed in close proximity to the new Century High School and that the water tower could be better placed in the area. Wishing to be heard was Pat Facer, 3643 Hidden Cove N.E., objecting to the annexation. If homes are to be built, she asked that residents work with the developer to make the homes more aesthetically pleasing to the area by clustering, using earth berms, cedar exteriors, etc. She also stated that residents close to the property in question were not notified. Terry Spaeth, Planning Department, noted that many people in the area were not notified because they live outside the usual notification radius. However, future notice notification will take greater distances into effect. He also noted that an EAW review will be coming to the City Council. Wishing to be heard was Coyla Shepard, 2805 Hidden Hills Lane N.E. Ms. Shepard pointed out the traffic congestion that may occur with the Century High School adjacent to homes and commercial property. Wishing to be heard was Steve Hammill, 2071 Haverhill Road N.E., objecting to the annexation because of the traffic and also concern over the spring -fed pond in the Haverhill Subdivision. He does not want a strip -mall environment across from the new high school. Wishing to be heard was Norman Eberhardt, 3720 Stone Ridge Court N.E., opposing any commercial development around the high school. He was particularly concerned about the environmental issues and the open lands around the Quarry Hill Nature Center. Wishing to be heard was Mark Dalahante, 1217 70th Avenue S.E., concerned about the planning issues, the economic stability and what happens when the City grows out of the urban core. ' Wishing to be heard was Jim Maraganore, 4288 48th Street N.E.. Mr. Maraganore asked the Council to think about the development for the future around East Circle Drive. He noted that this corridor is one of the prettiest areas of scenic beauty around Rochester. Wishing to be heard was Jeffrey Salisbury, 2610 Viola Road N.E., concerned about the rationale for the development and how the annexation will affect his property, adjoining the land proposed, and his style of living. Wishing to be heard was Noel Bjerkaas, 3760 Springgreen Court N.E. He stated that he felt there were a lot of ugly homes in the City and hoped that the developer would build something inspirational, especially to the high school students who will be across the road. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA )gular Meeting No. 24 - October 7, 1996 4791 1 Agenda Item B-15 C-1 to C-17 C-1 C-2 C-3 C-4 C-5 Having no one further wishing to be heard, President Hunziker closed the hearing. Don Borcherding, Yaggy-Colby, representing the applicant, told the Council there were no plans for commercial development in this particular piece of property to be annexed. Councilmembers Evans moved, Hruska seconded, to approve Ordinance Petition #96-11 by Payne Company to annex land located south of CSAH 2 (Viola Road N.E.) and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Repeal of RCO 134.21 which prohibits the display of vehicles for sale on city streets. Wishing to be heard was Bill McGurk, 2230 Nordic Court N.W.. Mr. McGurk stated that he has sold cars in this fashion many times. He read in the paper that the Police Department is stressed to the limits; and if this is one way to help them, the ordinance should be amended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to approve an amendment to Section 134.21 to allow certain vehicles to be advertised for sale or exchange on City streets or alleys and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to approve the following consent agenda items: Approval of the minutes from the September 4th, 12th, 16th, 23rd and 30th meetings. Approval for accepting funds from Jacqueline Smith for the Animal Shelter and the Mayo Clinic for uniforms for the ERU. See end of C items. Adopt Resolution No. 548-96 approving Change Order No. 3 in the amount of $11,246.35 to the Schroeder/Leverington Civic Center expansion contract. Approval of the following licenses and miscellaneous activities: Cigarettes - Over the Counter Sarah's House Cafe, Rochester 4792 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 Agenda Item C-6 C-7 M W C-10 C-11 C-12 C-13 Single Dance Holiday Inn South Youth Sports Benefit at Holiday Inn -South - October 4, 1996 Off -Site Gambling Rochester Juvenile Hockey Ass'n Raffle at Holiday Inn South - December 7, 1996 Tempora[y Liquor Ari Kolas for AHEPA Wine Tasting Festival at Kahler Hotel - October 19, 1996 Sign Installation Signcrafters Outdoor Display, Inc., Fridley Jones Sign Company, Inc., Green Bay, Wisconsin Approve the Accounts Payable in the amount of $3,587,056.44. Approve the revision of Ordinance 129 for 1995 and 1996 legislative amendments relating to the Rochester Sales and Use Tax and instruct the City Attorney to prepare an Ordinance for adoption. Approve the appointment of Thomas O. Sundry to the International Affairs Committee. Adopt Resolution No. 549-96 extending 1.92 acres of parkland dedication credit to Charles Gerlach for use in meeting future parkland dedication obligations in the SW quadrant of the City. Adopt Resolution No. 550-96 authorizing the City Clerk to advertise for bids on November 13, 1996 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. (Phase II from approximately 2300 feet south of Viola Road to existing S.E. Trunkline)" Adopt Resolution No. 551-96 authorizing the execution of a professional services agreement between the City and McGhie & Betts, Inc. for Project No. 9613 (J- 9392) "Sanitary Sewer and Watermain Extension to serve Lots 2 & 3, Block 1, Bianco Estates". Adopt Resolution No. 552-96 authorizing the City Clerk to advertise for bids on October 30, 1996 for Project No. 9613 (J-9392) "Sanitary Sewer and Watermain Extension to serve Lots 2 & 3, Block 1, Bianco Estates". Adopt Resolution No. 553-96 authorizing the City Clerk to advertise for bids on October 30, 1996 for Project No. 9614 (J-9393) "Sanitary Sewer and Watermain Extension to serve the SE 1/4, SE 1/4, Section 19, Cascade Township (Mail Processing Center and Others)". 1 RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 4793 Agenda Item C-14 I Adopt Resolution No. 554-96 approving Supplemental Agreement No. 2 for Project 9406 (J-9313) "Eastridge Subdivision Phase I". C-15 Adopt Resolution 555-96 approving Supplemental Agreement No. 1 for Project No. 6301-3-95 'Reconstruction of the Concrete Pavement and sub -base on 1st Avenue S.W. between 2nd Street S.W. and 3rd Street S.W.". C-16 Adopt Resolution 556-96 requesting Mn/DOT to conduct a speed zone study on 19th Street N.E. from 32nd Avenue N.W. to CSAH 22. C-17 I Adopt Resolution No. 557-96 amending the Comprehensive Traffic and Parking Resolution as follows: Add paragraph (3) to Section R Park Drive Speed Zones of the Comprehensive Traffic and Parking Resolution Books to read: (3) East Soldiers Memorial Field Drive from 7th Street S.W. to the Golf Clubhouse. 2. Amend paragraph (1) of Section H - Zone H (6 Hour Limit) to read: (1) Soldiers Field Memorial Parking Lot. Ayes (7), Nays (0). Motion carried. C-3 Councilmember Senjem moved, McConnell seconded, to deny authorizing staff to settle negotiated acquisitions which are within $1000 of the appraised value without further Council action and deal with these issues on the Consent Agenda. Ayes (7), Nays (0). Motion carried. D-1 Councilmember McConnell moved, to adopt the prepared resolution referring the petition for sidewalk improvement in Teton Lane and 11th Avenue N.E. to the Public Works Department for a feasibility study. Discussion. It was noted that the people who have asked for the sidewalk to be installed are not those living on Teton Lane or 11th Avenue. Mr. Freese, Public Works Director, will call the petitioners and report back to the Council on those discussions. D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W., discussing the recent salary survey conducted for the City of Rochester. Mr. Nelson noted the different businesses, municipalities and others surveyed and talked about wage comparisons with other similar positions in other cities. D-1 Wishing to be heard was Mike Liebenow of the Save the Depot Committee. Mr. Liebenow urged the Council to accept the Benike low bid for renovation of the Depot and use the State grant monies to utilize the building. He noted that the Save the Depot Committee had contributed $6000 toward the rebid of the project. 4794 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 Agenda Item D-1 D-1 E-1 E-2 E-3 E-4 E-5 E-6 Mayor Canfield spoke on the issue of public salaries. He stated that the mandates of the Legislature should be taken in account when looking at the salaries, comparable worth has entered into the workplace and Police and Fire salaries alone make up 48% of the entire City payroll. He noted that employees have been reduced 10% in the last 10 years. Mayor Canfield stated that the City employees are the best available in the workforce and should be paid well. Councilmember McConnell stated that he did not see the need to have the Fire Chief of Xianyang City, China visiting and being paid a stipend of $300. Therefore, Councilmember McConnell was contributing a check to the General Fund of the City of 1/4th that amount to replenish a part of the stipend. Councilmembers Marcoux moved, Evans seconded, to approve the requested amendment to the Pawnbrokers Ordinance and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 558-96 approving the Police/Fire PERA early retirement factor effective for all retirements occurring after June 30, 1996 but only for payments occurring after the date of adoption. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the acceptance of donated property from Judith Copeland at 302 5th Avenue N.W. Discussion. Gary Neumann, Assistant City Administrator, explained to the Council that if we do not take the land, we will probably get it anyway but four years later after it has been forfeited to the State. Taking the land at this time will allow the City to tear down the structure and eliminate the blight which was the reason for the abatement proceedings. The land, however, will be accepted only under the condition that there are no hazardous conditions present. Ayes (7), Nays (0). Motion carried. Councilmember Marcoux moved to award the bid for renovation of the Depot project to the low bidder, A.E. Benike, and to enter into a hold harmless agreement with the State. Motion failed for lack of second. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 559- 96 rejecting all bids for the Depot project. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to amend R.C.O. Sections 32.12, 35.23 and 35.24 of the Rochester Housing Code to provide more flexibility in securing vacant buildings and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 560-96 accepting a grant from the State of Minnesota for funding of an additional police officer under the school liaison program. Discussion. 1 RECORD OF'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 4795 Agenda Item The Council instructed the City Administrator to set a meeting with the School Board to talk about where we are going to apply the grant. Ayes (7), Nays (0). Motion carried. E-7 John Harford, Planning Department, gave an update on the history of the wetlands in question and the revised plan of delineation and replacement approved by the Corps and needing action by the City. He explained the reasoning behind the seven conditions recommended by the Planning staff. Mr. Ken Moen, representing the applicants, also commented on the seven conditions, objecting to conditions 2, 4, 5 and 7 and questioning whether they were required under State law. Mr. Moen suggested that the Council leave enforcement of these items to other State and County agencies. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 561- 96 approving the Amended Wetland Delineation and Replacement Plan from Rochester topsoil, Inc. with two conditions: 1. No further work in wetlands occur on the U.S. 63 South site until the replacement wetlands in Rock Dell Township are initiated and continued contemporaneously with this work, and 2. The Applicant will submit to the City Public Works Department by October 28, 1996, a revised grading plan for the U.S. 63 South property prior to further work on the site except such work which is not inconsistent with the Federal permit. Ayes (7), Nays (0). Motion carried. Mr. Prow questioned whether he could receive a pending billboard permit and John Harford indicated he thought so. E-8 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 562-96 entering into an engineering services agreement with Yaggy Colby Associates for $5000 to prepare an Official Street Map Amendment adding the TH63 interchanges at 40th Street S.W. and 48th Street S.W. to the official city street map. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 563- 96 authorizing a settlement agreement with Prows Motel, Inc. concerning the City's acquisition of an easement as part of Stage 3 of the Rochester flood Control Project (J-4883) in the total amount of $2,500. Ayes (7), Nays (0). Motion carried. E-10 Councilmembers McConnell moved, Hruska seconded, to approve the Joint Resolution for Orderly Annexation between the City of Rochester and Marion Township for a portion of Pinewood Road S.E. Right Of Way. Ayes (7), Nays (0). Motion carried. pr RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4796 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 Agenda Item E-11 E-12 E-11 Councilmembers McConnell moved, Stobaugh seconded, to adopt the prepared resolution awarding the contract to Elcor Construction in the amount of $447,734.50 for Project No. 9200-0-92A (J-9218) "Construct Silver Creek Trunkline Sewer" and Project No. 9609A (J-9379) "Trunk Watermain to Additional High Level Storage Tower" contingent upon the City of Rochester and Harold Payne entering into the appropriate contribution and assessment agreements. Discussion. Councilmember Evans asked if the site chosen for the water tower is absolute or if it could be moved to the new high school property. Doug Rovang, Water Director, Public Utilities Department, noted that bids have been taken and the site is basically acquired and that the project is a long way along at this point to look at an alternative site. He also explained that the positioning of the water tower is such as to draw equal pressure from it and the present Northern Heights water tower. This factor is especially important in the event of a fire in the school or nearby area. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Richard Anneke, 3752 Stone Ridge Court N.E.. Mr. Anneke represented a group of very concerned citizens who oppose the placement of the water tower. They were unaware in the past of plans to place a tower and of the site chosen. The groups cannot understand why the City would want to place a tower outside the City limits. They feel that the tower will be detrimental to the property values of the area and think that it should be placed on school grounds. Donald Untiedt, owner of the property where the water tower is to be located, noted that he has not sold the property to the City as of the present time. Councilmembers Evans moved, Marcoux seconded, to table action on awarding of the bids for Project No. 9308 (J-9288) "Construction of a High Level Water tower in the Northern Heights Area" to the October 21 st meeting. Richard Freese, Public Works Director, will meet with Don Borcherding of Yaggy Colby and Doug Rovang and report back to the Council at the October 21 st meeting on the feasibility and costs for relocation of the tower somewhere in the Century Hills Subdivision but not the school location. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to reconsider the previous action of approval on awarding of the bids for Project No. 9200-0-92A (J-9218) and Project No. 9609A (J-9379). Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 4797 Agenda Item Councilmembers Senjem moved, Hruska seconded, to table action on awarding of the bids for Project No. 9200-0-92A (J-9218) and Project No. 9609A (J-9379) to the October 21 st meeting. Ayes (7), Nays (0). Motion carried. E-13 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 564-96 levying the proposed assessments but deferring until October 7, 1998 or until an individual lot is developed, sold or transferred for Project No. 9406 (J- 9313) "Public Improvements in Strathmore Lane S.E., Phase I". Ayes (7), Nays (0). Motion carried. E-14 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 565-96 declaring the costs to be assessed and ordering the preparation of the assessment roll and Resolution No. 566-96 ordering a hearing on the proposed assessment for November 4, 1996 for New Sidewalk Project No. 1-1995 (J-9335) "New Sidewalk Construction Throughout the City". Ayes (7), Nays (0). Motion carried. E-15 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 567-96 levying the proposed assessment on Project No. 9503-95 (J-9347) "Sanitary Sewer and Watermain Extension to Serve the south Side of TH 14 East, 3850 Highway 14 East, Plat 5065, Parcel 000800". Ayes (7), Nays (0). Motion carried. E-16 Councilmembers Hruska moved, Evans seconded, to authorize the Mayor and City Clerk to execute the Assessment Agreements and adopt Resolution No. 568-96 amending the previously adopted resolution dated August 5, 1996 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". Ayes (7), Nays (0). Motion carried. E-17 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 569-96 to Repeal Paragraph (3.4) of Section H Zone F (2 hour limited parking) of the Comprehensive Traffic and Parking Resolution Book - 5th Street SW/800 Block. Ayes (7), Nays (0). Motion carried. E-18 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 570-96 amending the City/County Traffic Signal Maintenance Agreement as per the Request for Council Action. Ayes (7), Nays (0). Motion carried. E-19 Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 571- 96 adding paragraph 214 to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (214) 15th Avenue N.E. from 2nd Street to 5th Street on the east side from 8:00 A.M. to 5:00 P.M., Saturday only. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 47'9g CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - October 7, 1996 Agenda Item E-20 Councilmembers Senjem moved, McConnell seconded, to set a public hearing on the placement of stop signs (North/South) at the intersection of East River Road and 27th Street N.E. Discussion. Councilmembers wanted to hear from the Public Works Director on the feasibility of such a stop sign placement before a public hearing would be scheduled and to provide them further information on "traffic calming" methods that may be applied. Councilmembers Stobaugh moved, Marcoux seconded, to table the item of placement of stop signs at the intersection of East River Road and 27th Street N.E. to the October 21st meeting. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay. F-2a An Ordinance Annexing to the City of Rochester Approximately 16.88 Acres of Land Located in the Southeast Quarter of the Northeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Verna Badger Trust - Mail Processing Center) F-2b An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (Verna Badger Trust - Mail Processing Center) F-2c An Ordinance Annexing to the City of Rochester Approximately 34.86 acres of Land Located in the East Half of the Northeast Quarter and the Northeast Quarter of the Southwest Quarter of Section 30, and the West Half of the Northwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (Payne Company - south of Viola Road N.E.) F-2d An Ordinance Creating and Enacting Sections 129.01, Subs. 20, 21, 22, and 23; 129.16, Subd. 3; and 129.257; and Amending and Reenacting Sections 129.01, Subdivisions 4, parts (h), (i), 0), and (k), 7 and 16; 129.02; 129.03; 129.16; and 129.25 Subd. 1, parts (h) and (aaa), and Repealing Section 129.25, Subd. 1(uu), of the Rochester Code of Ordinances Relating to the City Sales Tax was given a first reading. F-2e An Ordinance Amending Chapter 111 of the Rochester Code of Ordinances, Relating to the Licensing and Regulation of Pawnbrokers was given a first reading. F-2f An Ordinance Amending and Reenacting Sections 32.12, 35.23 and 35.24 of the Rochester Code of Ordinances, Relating to the Minimum Standards for the Housing Code and Abatement of Health and Safety Hazards was given a first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular. Meeting No. 24 - October 7, 1996 4799 Agenda Item F-4a F-4b 1 Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 572-96 approving an Owner Contract between the City of Rochester, FoxCroft Corporation and Elcor Construction for Project No. J-9395 "Basic Construction in FoxCroft South Subdivision". Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 573-96 approving an Owner Contract between the City of Rochester, The Greens Development and S.L. Contracting, Incorporated for Project No. J-9398 "Utilities to Serve the Greens - Phase I". Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Marcoux seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. -C ity Clerk