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HomeMy WebLinkAbout11-18-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 41 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 4821 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh. Absent: None. President Hunziker recognized Boy Scout Pack #298 from Elton Hills School in attendance. B-1 A Hearing on Land Use Plan Amendment #96-4 by Fine Shelter Development Group to designate 5.32 acres of land from "Low Density Residential" and "Medium Density Residential" designations to the "Commercial" designation. Terry Adkins, City Attorney, advised the Council that during testimony they needed to consider whether or not the application by Fine Shelter Development Group followed the five locational criteria for community shopping centers. He stated that there should be a consensus from the Council concerning the criteria so that Findings of Fact, Conclusions of Law, and Order could be prepared following the hearing. He indicated that he would bring back proposed Findings at the next meeting Wishing to be heard was Dan Berndt, 505 Marquette Bank building, representing the applicant, Fine Shelter Development Group. Mr. Berndt stated that the application met all five criteria. The noise and traffic issues would be covered under the General Development Plan (GDP). He noted that they would agree to whatever access the State, County and City would require. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the land owners of First Baptist Church and Dave Bishop. He recalled the history of the property and of the property to the north. Mr. Tointon stated that they have met the criteria outlined in the Land Use Manual. The General Development Plan and Traffic Impact Study would be reviewed by the Planning and Public Works Departments. The Plan would address buffers, off-street parking, lighting, landscaping, sound and other factors; all will exceed minimum standards. Wishing to be heard was Terry Maus, O'Brien Law Office, Marquette Bank Building, representing businesses in the Crossroads Shopping Center. Mr. Maus spoke to both issues of the Land Use Plan and Zone Change before the Council. The property being talked about is bordered on the west, north and east by commercial property and the south by residential. The Matsen/Reagan property on the north was initially zoned B-4 in 1986 as U.S. Auto and Marine. The reason that the Planning Department recommended the rezoning was because it was a. part of the corridor along Highway 14. In 1988 the property in question (behind the B-4 property) was denied a rezoning because of the 14th street S.W. access to the property and the increased traffic in the neighborhoods. Wishing to be heard was Ken Boyer, WHKS & Company, commenting on some of the traffic aspects of this plan. First, the intersection is 1500 feet from the proposed development. The intersection is a part of the Crossroads Shopping Center. Second, the proposal does not meet the standard for good pedestrian and vehicular access. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4$22 CITY OF ROCHESTER, MINNESOTA Regular Adiourned Meeting No. 29 - November 18, 1996 Agenda Item Wishing to be heard was Roger Augustine, WHKS & Company, Traffic Engineer. Mr. Augustine noted that if the access from Highway 14 is moved further to the west, you will be putting more traffic into the east entrance to the Crossroads Shopping Center. He also noted that the truck traffic normally going to the back of the shopping center will start going through the neighborhoods to deliver their goods. Wishing to be heard was Jim Stoltz, Woodmen of the World, Omaha, Nebraska. Mr. Stoltz said that they provide the anchorage grocery stores for shopping centers; the Crossroads Rainbow Store is represented by them. Mr. Stoltz stated that the present access off Highway 14 has been there for 25 years and served the Crossroads Center. By moving the access further west, it will enter directly into the parking lot of the new development. Mr. Stoltz said that they were not contacted and had no knowledge of the hearing and of what was going on. Wishing to be heard was Dennis Kroll, Vice -President of Future Development, Rainbow Foods. Mr. Kroll said that the moving of the access would have an adverse effect on the Rainbow property. He, therefore, asked the Council to deny the request. He noted that they have been good taxpayers and residents in the community over the years. Wishing to be heard was Robert Meek, 1566 Wilshire Drive N.E., one of the two owners of the Crossroads Shopping Center. He has recently remodeled the shopping center and spent a lot of money in doing so. He stated that any change in the access is unacceptable. He also stated that if the church wants to move the property it should be as R-1 or R-2 and the problems would then go away. Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W. He asked that his comments also be referred to in the zoning hearing. Mr. Driscoll stated that the neighborhood is a well -maintained, affordable place to raise a family. He presented a copy of a petition signed by 232 residents representing 95 percent of the homeowners saying that they were strongly objecting to the change to B-4 for the property in question. They felt that the development would be an intrusion into their neighborhood increasing noise, traffic and other less desirable elements. Wishing to be heard was Henry Pattreidge, Your Animals Best Care store, Crossroads Shopping Center. He stated that they had been in business for over two years and expected a level playing field for their customers. Wishing to be heard was Sandy Herrlich, 1421 Fourth Avenue S.W. asking the Council to think and work with the neighborhood. Wishing to be heard was Mike Boyum, 1432 Fifth Avenue S.W.. Mr. Boyum stated that his children cross the street 12 times a day and the increased traffic scares him. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 4823 Agenda Item 1 Wishing to be heard was Kathryn Moore, 1521 Fourth Avenue S.W. Ms. Moore stated that she and her husband have lived in the neighborhood since 1962. They saw Crossroads and Apache Mall develop, saw 11th Street become a through -road, First Baptist brought additional traffic, 14th Street recently opened and people using it as a shortcut. She said that the bus routes have had to be changed because of the traffic and you must now wait at the intersection if you come from 4th to 16th Street. They are against the development. Wishing to be heard was Gary Wick, 1409 Fifth Avenue S.W., who has lived in the neighborhood for 10 or 11 years. He is very concerned about the increased traffic and can't see why another major grocery store is needed in the area. Wishing to be heard was Dan Meyer, 1303 Third Avenue S.W. Mr. Meyer owns the apartment buildings adjacent to the proposed development. He wanted to buy land on the First Baptist property for garages but they refused. He lives on Third Avenue and sees his property decreasing in value by 25 percent. Wishing to be heard was Judy Larsen, 1445 Fourth Avenue S.W., who moved to the neighborhood in 1976; she told the Council that they need to protect the neighborhood. Wishing to be heard was Dale Patterson, 1545 Fourth Avenue S.W., noting his disapproval of the project and how quick the neighborhood had to pull together. Having no one further wishing to be heard, President Hunziker closed the hearing. Discussion. Richard Freese, Public Works Director, noted that MNDOT over the past three years and on three separate occasions has discussed the location of the intersection as it currently exists. Whether a development occurs or not, the access, according to MNDOT, is too close to Highway 63 and will need to be moved further to the west even with the zoning that currently exists. Mr. Adkins, City Attorney, told the Council that if they approve the Land Use Plan Amendment and Zoning Change, they are not bound to approve the GDP. Instead, he said the Council would have to review any proposed GDP for compliance with the applicable criteria. Councilmembers Senjem moved, Hruska seconded, to move forward in the interest of the City and request the City Attorney to prepare Findings of Fact to the affirmative. Several councilmembers discussed how the proposal satisfied the applicable criteria. Councilmembers stated that they would like to see the developers work closely with the neighbors and the other businesses to try to come together to work out the problems with the traffic and access impact issues. It was also noted that if problems are not worked out, the GDP would not be approved. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4$24 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 Agenda Item B-2 B-3 Ayes (5), Nays (2). Motion carried. Councilmembers McConnell and Evans voted nay. A Hearing On Zoning District Amendment #96-13 by Fine Shelter Development Group to Rezone 6.15 acres of land from the R-1 and the R-2 districrt to the B-4 district. Wishing to be heard was Dan Berndt, 505 Marquette Bank Building. Mr. Berndt asked that the comments made during the land use amendment hearing be made applicable to the zoning hearing as well. Wishing to be heard was Bill Tointon, McGhie and Betts. Mr. Tointon stated that a November 18th letter from Terry Spaeth of the Planning Department concluded that the four criteria that must be considered by the Council had been met. Wishing to be heard was Terry Maas, Marquette Bank Building. He stated that they had not been supplied with the November 18th memo from Terry Spaeth. It was his conclusion that criteria number 2 and number 3 had not been met in that no change has been made in the rezoning since 1988 and, according to a recommendation in 1988 from Jane Kansier to deny rezoning, the extending of the commercial zoning to the south was an encroachment into the neighborhood. Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W., stating that no longer was any compromise acceptable. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to instruct the City Attorney to prepare Findings of Fact to deny Zoning District Amendment #96-13 by Fine Shelter Development Group on the basis that criteria B and C were not met. Ayes (2), Nays (5). Motion failed. Councilmembers Hruska, Marcoux, Senjem, Stobaugh and President Hunziker voted nay. Councilmembers Senjem moved, Stobaugh seconded, to instruct the City Attorney to prepare Findings of Fact to the affirmative for Zoning District Amendment #96-13 for Fine Shelter Development Group based on the four findings of the Planning Staff noted on pages 43 and 44 of the Request for Council Action. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. A Hearing on Type III, Phase Il, Land Subdivision Permit #96-26 to be known as Northview Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. 1 Councilmembers McConnell moved, Evans seconded, to approve Type III, Phase Il, Land Subdivision Permit #96-26 with seven conditions and instruct the City RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA - - - Regular Adjourned Meeting No. 29 - November 18, 1996 4825 Agenda Item Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Vacation Petition #96-18 by Mayo Foundation to vacate the north/south alley west of 8 112 Avenue N.W., east of 9th Avenue N.W., north of 5th Street N.W. and south of the DM&E Railroad. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 636-96 to approve Vacation Petition #96-18 by Mayo Foundation. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska, Senjem and Stobaugh noted their affiliation with Mayo Foundation. B-5 A Hearing on Annexation By Ordinance Petition #96-13 by Fred Schmidt to annex 43.96 acres of land (owned by Brakke, Meyers and Vane) located along the north side of Eastwood Road S.E. and along the west side of 40th Avenue S.E., directly east of the Eastwood Golf Course in the E 1/2, SE 1/4, Section 5, Marion Township. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to approve Annexation by Ordinance Petition #96-13 by Fred Schmidt and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-6 A Hearing for Assessing Weed Eradication, Tree Removal, Debris Removal, and Delinquent Electric/Sewer/Water. Wishing to be heard was Karim Esmailzadeh, 2008 8 1/2 Street S.E. Mr. Esmailzadeh asked that the delinquent assessment against him for unpaid water and sewer bills be held and not assessed at this time. He stated that his billings are inaccurate as a result of bad water and sewer pipes under the Eastwood Village buildings that he owns. He further states that because of the amount of sand in the City's water, the pipes to the building are constantly in need of repair. Wishing to be heard was Mary Tompkins, Rochester Public Utilities. Ms. Thompkins stated that the debt owed by Mr. Esmailzadeh for unpaid monthly water/sewer billings is separate from the insurance claim that he has filed with the City; and, therefore, should be paid independent of the outcome of the insurance settlement Wishing to be heard was Doug Rovang, Rochester Public Utilities, stating that in late 1995 an insurance adjuster had been called in but that no information has been forthcoming from that visit. Having no one further wishing to be heard, President Hunziker closed the hearing. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4826 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 Agenda Item B-7 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 637-96 levying properties for Weed Eradication, Tree Removal, Debris Removal, and Delinquent Electric/Sewer/Water charges. Ayes (7), Nays (0). Motion carried. A Hearing on Levying of Special Assessments: First Avenue S.W. from First Street to Third Street - J-2248. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 638-96 levying the proposed assessments for Project No. 6301-3-95 (J-2248) "Reconstruction/Rehabilitate First Avenue S.W. from First Street S.W. to Third Street S.W.". Ayes (7), Nays (0). Motion carried. A Hearing on Levying of Special Assessments: Watermain in Civic Center Drive and 11th Avenue N.W. - J-2239. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 639-96 levying the proposed assessments for Project No. 6205-4-96A (J-2239) "Replacement of Watermain in Conjunction With the Reconstruction of Civic Center Drive and 11th Avenue N.W.". Ayes (7), Nays (0). Motion carried. A Hearing on Levying of Special Assessments: New Sidewalk Project No. 9- 1996 - J-9385. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 640-96 levying the proposed assessments for New Sidewalk Project No. 9-1996 (J-9385) "Construction of New Sidewalk at Various Locations Throughout the City". Ayes (7), Nays (0). Motion carried. B-10 A Hearing on Levying of Special Assessments: Watermain in Fourth Street S.E., 11th Avenue to 19th Avenue - J-2244. Wishing to be heard was Marko Radulovic, 1417 Fourth Street S.E. asking three questions of the Council. One, if the zoning was going to be changed to a higher commercial level; two, will the snow be put on the sidewalk and boulevard and, consequently, we have to pay a higher cost for removal or is the Public Works Department going to push the snow to the middle and remove; and three, what constituted the $671.32 charge for water hookup, did it include the conversion from lead to copper piping. Wishing to be heard was Gayle Gordon, 1221 Fourth Street S.E., wanting to know why they had been notified that the charge for the project was to be $15.00 to $17.90 per foot and now they are going to be charged up to $24.00 per foot. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 4OZ7 Wishing to be heard was Greg Woolums, 1335 Fourth Street S.E. Mr. Woolums wanted to know why there was no communication on the increase in the footage price; why wasn't the estimate adhered to. Inconvenience to the homeowner seemed to be no consideration. Wishing to be heard was Jay Weichselbaum, 1412 Fourth Street S.E. Mr. Weichselbaum noted the inconvenience to the neighborhood and felt that the neighborhood had been degraded by the work. He wondered why the water service was maintained last year when the work was done but could not be maintained this year. He also felt that if estimates had been gotten obtained then they should be honored. Wishing to be heard was Don Lowrie, 1331 Fourth Street S.E. Mr. Lowrie stated that a 40 percent overrun of costs was too high. The contractor was running about two to three weeks ahead of schedule until they pulled out and it was two weeks before they came back. He also asked that something be done about the speeding of cars on 4th Street. Wishing to be heard was Margaret Tushaus, 1420 Fourth Street S.E., asking the Council to consider adjustments for retirees. She was also concerned that this area would become commercially developed. Wishing to be heard was Vitalis Ezekwen, 1408 Fourth Street S.E. Mr. Ezekwen thought that the street work brought property values down and that the estimates given should have been adhered to. He also had sewer backup in his basement, his car was vandalized and his wife had to walk late at night after work back to their house because the car could not be parked close. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to drop the assessment rate to $17.90 per foot. Discussion. Wishing to be heard was Jeff Peterson, 1639 Fourth Street S.E., asking the Council to make the figure reasonable and spread it over a period of years to pay. Ayes (2), Nays (5). Motion denied. Councilmembers Evans, Marcoux, McConnell, Senjem, and President Hunziker voted nay. Councilmembers McConnell moved, Evans seconded, to split the difference between the estimate of $17.90 and $24.33 per foot. ($21.00) Ayes (3), Nays (4). Motion failed. Upon roll call vote Councilmembers Evans, McConnell, Stobaugh voted aye; Councilmembers Hruska, Marcoux, Senjem, President Hunziker voted nay. Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 641- 96 levying the assessment for Project No. 6204-2-95 (J-2244) "Street A RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA 9S Regular Adjourned Meeting No. �9 - November 18, 1996 Agenda Item B-11 C-1 - C-16 C-2 C-3 C-4 C-5 C-6 Reconstruction and Widening on Fourth Street S.E. from 11th Avenue S.E. to 19th Avenue S.E." at $24.33 per foot, the same as the previous Fourth Street construction was assessed at. Ayes (5), Nays (2). Motion carried. Upon roll call vote Councilmembers Hruska, Marcoux, McConnell, Senjem and President Hunziker voted aye; Councilmembers Evans, Stobaugh voted nay. A Hearing on Levying of Special Assessments: 41 st Street N.W. from 31 st Avenue to West Circle Drive - J-9295. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 642-96 levying the proposed assessments for Project No. 6241-4-94 (J-9295) "Grading and Surfacing 41st Street N.W. from 31st Avenue N.W. to West Circle Drive N.W.". Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to approve the following consent agenda items: Adopt Resolution No. 643-96 entering into a one-year lease agreement with the National Weather Service for 171 square feet of office space in the Weather Bureau Building at the Rochester International Airport for $12.80 per square foot. Approval of the following licenses and miscellaneous activities: Cigarettes - Over -the -Counter American Table Restaurant, 1635 Highway 52 North Gambling - Temporary Rochester Area Family Y - raffle at Radisson Plaza Hotel - December 31, 1996 Minn. Trappers Association - raffle at Olmsted County Fairgrounds - August 9, 1997 Ronald McDonald House - raffle at Minn. Riverland Technical College - February 21, 1997 Pheasants Forever - Tri-County Chapter - raffle at Radisson Plaza Hotel - March 21, 1997 Sign Installer Prow Billboards, 516 19th Avenue N.W. Approval of Accounts Payable in the amount of $668,261.25. Approval of Quarterly Investment Report. Adopt Resolution No. 644-96 entering into a lease agreement with William Schmidt for cropping of 35 acres of park land in the amount of $50.00 per acre. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 4 8 2 9 Agenda Item C-7 Adopt Resolution No. 645-96 amending previously approved resolutions vacating certain streets, walkways and recreation areas located in Homestead Trails First Replat deleting a condition which had been attached to the vacation. C-8 Approve the appointment of Sean M. Grethen to the position of Firefighter in the Rochester Fire Department contingent upon successful completion of an indepth background investigation, medical and psychological examinations. C-9 Approve the appointment of Charles R. Solseth to the position of Firefighter in the Rochester Fire Department contingent upon successful completion of an indepth background investigation, medical and psychological examinations. C-10 Approve the appointment of Douglas E. Brincks to the position of Firefighter in the Rochester Fire Department contingent upon successful completion of an indepth background investigation, medical and psychological examinations. C-11 Approve the appointment of Joseph M. Farrell to the position of Firefighter in the Rochester Fire Department contingent upon successful completion of an indepth background investigation, medical and psychological examinations. C-12 Adopt Resolution No. 646-96 authorizing the City Clerk to advertise for bids for Project No. 9613 (J-9392) "Sanitary Sewer and Watermain Extension to Serve Lots 2 & 3, Block 1, Bianco Estates". C-13 Adopt Resolution No. 647-96 entering into an Assessment Agreement with I.B.M. Corporation for Project No. 6241-4-94 (J-9295) "Grading and Surfacing 41st Street N.W. from 31st Avenue N.W. to West Circle Drive N.W.". C-14 Adopt Resolution No. 648-96 entering into an Assessment Agreement with Mr. and Mrs. Peter A. Dokken, 2412 Fourth Street S.W. for Project No. J-9193 "Sanitary Sewer and Watermain" and Project No. J-8569 "Baihly Water Tower", and Adopt Resolution No. 649-96 levying the proposed assessments for Project No. J-9193 and Project No. J-8569 for Mr. and Mrs. Peter A. Dokken, 2412 Fourth Street S.W. C-15 Adopt Resolution No. 650-96 adding Paragraph (170.2) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (170.2) Ninth Street N.E. on the north side from 11th Avenue to 14th Avenue; effective December 1st to April 1st. C-16 Adopt Resolution No. 651-96 adding Paragraph (106.8) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (106.8) Fourth Street S.W., on both sides, from 23rd Avenue to Highland Court - December 1st to April 1st. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4830 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 Agenda Item D-1 E-1 E-2 E-3 E-4 The City received a petition to establish Permit Parking on First Street S.W. from 12th Avenue to 16th Avenue S.W. Councilmembers Marcoux moved, Stobaugh seconded, to refer the petition to Public Works for a feasibility report. Discussion. Richard Freese, Public Works Director, stated that there is a currently a traffic study being undertaken for a full corridor study of this area which is scheduled to be completed by the end of the year. He asked that this petition be a part of that study. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 652- 96 approving the Consortium telephone to utilize the State of Minnesota contact with U.S. West for Centrex service. Ayes (7), Nays (0). Motion carried. Wishing to;be heard was B.J. Herivel, 908 20th Street N.W.speaking on the subject of lifting the moratorium for B & Bs; specifically, for Robert Hanson. She stated that the Council should not be pressured into lifting the decision of an interim moratorium and that they should wait until the Planning Commission has had a chance to complete their investigation. F. Wishing to be heard was Robert Hanson, 902 24th Street N.W., stating that he would be able to build in an area 1/4 mile from any other homes with a covenant from Arnie Bomgaard to allow a B & B. Councilmembers Stobaugh moved, McConnell seconded, to instruct the City Attorney to prepare an Ordinance for adoption to amend the moratorium so that it does not apply to any property with a covenant which specifically allows a B & B. Ayes (5), Nays (2). Motion carried. Councilmembers Hruska and Senjem voted nay. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 653-96 approving Change Order #4 for the Schroeder/Leverington, Inc. contract for the Civic Center Expansion in the amount of $39,836.00. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 654-96 approving a union labor agreement for January 1, 1997 through December 31, 1998 with International Brotherhood of Electrical Workers (Local 949) "Outside Union Labor Agreement", and Resolution No. 655-96 approving a union labor agreement for January 1, 1997 through December 31, 1998 with International Brotherhood of Electrical Workers (Local 949) "Office and Clerical Employees Union Labor Agreement". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - November 18, 1996 4831 Agenda Item E-5 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution 656-96 entering into a settlement agreement with ILQ Investments, Inc., concerning the pending lawsuit known as ILQ Investments. Inc.. v. City of Rochester. Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell abstained. E-6 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution 657-96 authorizing staff to establish Just Compensation for the acquisition of land rights for the Public Utilities to serve the U.S. Postal Site (J-9393), execute the necessary documents associated with the acquisition of land rights without further council action, and authorize the City Attorney, at the direction of the City Administrator, to initiate eminent domain proceedings if needed. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 658-96 awarding the contract to S.J. Louis Construction in the amount of $416,598.80 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 2 from 2,300' south of Viola Road N.E. to existing S.E. Trunkline)". Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Senjem moved, Stobaugh seconded, to adopt the following resolutions for Project No. 9607 (J-9369) "Extension of Sanitary Sewer from Glendale Hills Second Subdivision to Proposed Northern Hills North Subdivision and extension of Watermain from Northern Heights East Eighth Subdivision to Northern Heights North Subdivision then from Northern Heights North Subdivision to Glendale Hills Second Subdivision" for: Resolution No. 659-96 levying the proposed assessments against Phase 1, but defer for two years or until an individual lot is developed, sold, or transferred, whichever occurs first; payment plus interest required by December 1, 1998; Resolution No. 660-96 levying the proposed assessments against Phase 2, but defer for five years or until an individual lot is developed, sold, or transferred, whichever occurs first; payment plus interest required by December 1, 2001; and Resolution No. 661-96 postponing the assessments against Phase 3 to the future, until Phase 3 is development; payment plus interest by December 1, 2006. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 662-96 amending sections of Chapter K "C.B.D. Parking System" of the Comprehensive Traffic and Parking Resolution Book approving the 1997 Parking Rate Changes for the monthly and daily maximum fees on all ramps. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _ 4 8 3 2 Regular Adjourned Meeting No. 29 - November 18, 1996 Agenda Item F-2a F-2b F-3a F-3b F-4 G-1 An Ordinance annexing to the City of Rochester Approximately 43.96 Acres of Land Located in the East Half of the Southeast Quarter of Section 5, Township 106 North, Range 13 West, Lying South of the Center Line of U.S. Highway 14, Olmsted County, Minnesota, was given a first reading. (North of Eastwood Road S.E., West of 40th Avenue S.E., East of Eastwood Golf Course) An Ordinance Amending the Provisions of Ordinance No. 3066 Which Adopted An Interim Ordinance As To Ordinance No. 3020, Regulating Bed and Breakfast Facilities was given a first reading. Councilmembers Stobaugh 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, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Creating Chapter 73C of the Rochester Code of Ordinances, Relating to Regulation of the Pedestrian Skyway System was given -a second reading. Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. 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 second reading. Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East of Highway 63, North of 28th Street S.E., South of 20th Street S. E. - rezone to M-1) Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.663-96 approving entering into an owner agreement with Joel Bigelow and Sons Enterprises, Inc., and Elcor Construction for Project No. J-9400 "Basic Construction in Manorwoods West Seventh Subdivision". Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, to remove from the table the item dealing with annual Pawnshop licensing fees. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 664-96 establishing annual pawnshop licensing fees at $500.00 with an application fee of $500.00. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Having no further business, Councilmember Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. I ' City Clerk