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HomeMy WebLinkAbout04-07-1997-491:0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 Agenda Item A-1 B-1 M President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None. Mayor Canfield recognized the work that David Olsen has done for the City over the past 10 years in his capacity as Administrative Assistant in the City Administrator's Office. He reflected the feelings of those who have worked with David that he will be missed by all. David will be assuming the responsibility of the Community Development Director at the City of Farmington, Minnesota. A Hearing on Final Plat #97-2 to be known as Glendale Hills Third. Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant and available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 151-97 approving Final Plat #97-2 to be known as Glendale Hills Third with one condition as recommended by the Planning staff. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #97-1 to be known as Lincolnshire Eighth. Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, representing the applicant. Mr. Brocherding noted that the one condition only requires a 52 foot cul-de-sac radius but that the developer wants to have a proposed roadway of 56 feet and the cul-de-sac radius of 55 feet. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans. moved, Hruska seconded, to adopt Resolution No. 152-97 approving Final Plat #97-1 to be known as Lincolnshire Eighth with two conditions and allowing for the 56 foot roadway and 55 foot cul-de-sac. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on Final Plat #97-9 to be known as The Greens Subdivision (First Supplemental CIC Plat). Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant. Mr. Yockey noted that condition #1 as recommended by the Planning staff would be dropped per his conversation with Mike Nigbur of the Public Works Department. The grading of the bike path along 50th Avenue N.W., condition #2, would remain. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 4 911 Agenda Item Councilmembers, Stobaugh moved, Evans seconded, to adopt Resolution No. 153-97 approving Final Plat #97-9 to be known as The Greens Subdivision (First Supplemental _CIC Plat) with one condition. Ayes (7), Nays (0). Motion carried. B-4 I A Hearing on Final Plat #97-12 to be known as North Park Subdivision. Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant. Mr. Yockey noted that condition #3 on the existing grading/drainage problem will be coordinated with Public Works. It was noted that until the problem is corrected, the final plat will not be recorded. Wishing to be heard was John Rueters, 5949 Danvers Lane N.W., noting that the problem has not been solved and the property owners are fearful that the problem will be multiplied with more houses going up. Mr. Rueters stated that his property was improperly graded two feet lower that it should have been. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 154-97 approving Final Plat #97-12 to be known as North Park Subdivision with three conditions and revising condition #3 to read that the developer shall work with adjacent property owners and Public Works on the existing grading/drainage problem to the satisfaction of Public Works. Ayes (7), Nays (0). Motion carried. B-5 I A Hearing on Final Plat #97-13 to be known as Diamond Ridge Nine. Wishing to be heard was Bob DeWitz, 602 11th Avenue N.W., saying that he was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 155-97 approving Final Plat #97-13 to be known as Diamond Ridge Nine. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on Zone Change Request #97-2 by Super America to rezone Lots 4-6, Block 22, Northern Addition from the B-1 District (Restricted Commercial) to the B-4 District (General Commercial). Wishing to be heard was Michael Cronin, 8809 West Bush Lake Road, Bloomington, Minnesota, giving an overview of the project. He noted that SuperAmerica had operated a station for many years on part of the location and have been buying up adjacent lots over the past several years looking toward the future expansion of the business. He noted that the new SuperAmerica would provide a 24-hour service with convenience store and car wash. Mr. Cronin also provided explanation of landscaping and buffers to the adjoining properties, including the nursing home. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4912 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 Agenda Item Councilmembers were concerned with the noise potential of the station and particularly the car wash in proximity to the nursing home. It was noted that there was no buffering along the alley to the back of the station which was along the nursing home. It was also noted that the fumes from vehicles waiting in line might be vented into the nursing home areas. Wishing to be heard was Mark Casperson, 1227 Sixth Street S.W., Director of Samaritan Bethany Nursing Home. Mr. Casperson asked that the area not be rezoned to permit the use of a 24-hour convenience and car wash on the property in question. He cited reasons of noise, pollution, security and lighting as some of the issues in being located next to a nursing home. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Marcoux seconded, to approve Zone Change Request #97-2 by Super America but having the car wash run a 7:00 AM to 10:00 PM operation rather than 24 hours per day. Discussion. Councilmembers discussed possibilities of redesigning the layout of the business so that the car wash would not interfere with the nursing home operation, of having a 24-hour operation on one-half of the location already zoned for 24 hour use and the other on -half on a 6:00 AM to 11:00 PM operations, and having the item tabled for two weeks to allow the nursing home board and the SuperAmerica representatives to work out problems. Councilmember Marcoux pointed out that the application met the criteria for rezoning but would like to see the two entities get together and work a solution for both. Councilmembers Senjem moved, Stobaugh seconded, to table Zone Change Request #97-2 until April 21, 1997. Discussion. Councilmember McConnell expressed again he did not feel that an operation emitting exhaust fumes, noise and a 24-hour operation should be placed by a nursing home. Ayes (5), Nays (2). Councilmembers Evans and Marcoux voted nay. B-7 IA Hearing on Final Plat #96-27 by Payne Company to be known as Century Hills Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colgy, representing the applicant. He stated that the applicant agreed with the three conditions recommended by the Planning staff. Wishing to be heard was Jeffrey Salisbury, 2610 Viola Road N.E. with further questions about the project. He stated that he had not heard from Payne Company about the drainage concerns and how it affected his ponding. He was told by Mr. Borcherding that his ponds would not be used. Mr. Salisbury asked if RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 4913 Agenda Item the right-of-way on this plat affected him. He was told it did not. - Mr. Salisbury then asked about the density for the townhomes that were to be built. It was explained to him that there are to be 4 units in each of four townhomes equalling 16 units total. Councilmember McConnell moved, Senjem seconded, to adopt Resolution No. 156-97 approving Final Plat #96-27 to be known as Century Hills Subdivision with three conditions recommended by the Planning staff. Discussion. A question arose as to the required footage needed for the right-of-way for Viola Road N.E. Olmsted County has said that they need 100 feet from the center line. Don Borcherding, the developer's representative, agreed to dedicate up to 50 feet as a fourth condition to the plat. It was the Council consensus to include in the motion a fourth condition of up to 50 feet dedication for Viola Road N.E.. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on General Development Plan #124 by the City of Rochester to be known as Rochester Technology Park located along Valleyhigh Drive N.w., across from the Pace Dairy Foods facility. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant. Mr. Tointon reviewed the Plan and made himself available for questions. Councilmember Senjem asked about the availability of water pressure to the site. Gary Neumann, Assistant City Administrator, stated that there is sufficient water pressure for two buildings at this time. Public Utilities is in the process of bringing in a line from Northern Hills Golf Course as future development of the area dictates. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to approve General Development Plan #124 to be known as Rochester Technology Park with seven conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #97-6 to be known as Rochester Technology Park. Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant. Mr. Tointon stated that the seven conditions placed on the Permit were acceptable. 4914 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 Agenda Item B-10 B-11 C-1 - C-20 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Land Subdivision Permit #97-6 to be known as Rochester Technology Park with seven conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. A Hearing on the Application to the Department of Trade and Economic Development (DTED) for Rochester Technology Park/PEMSTAR Project. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 157- 97 authorizing the submission of an application to the Department of Trade and Economic Development for Rochester Technology Park. Ayes (7), Nays (0). Motion carried. A Hearing on the Establishment of a Tax Increment Financing District for Gauthier Industries. Wishing to be heard was Tom Gauthier, Gauthier Industries, available for questions that the Council may have. Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W., asking if he was understanding correctly that the City was making a "gift" to Gauthier Industries. Mr. David Olson, Administrative Assistant, stated that the aggregate amount would be repaid over a period of ten years. Mr. Nelson also asked if the 18 people to be employed would be paid a sufficient wage. Mr. Gauthier noted that the minimum wage would be $6.50 per hour but in all reality, the wage would probably be $7.00 to $12.00 per hour Wishing to be heard was Gary Smith, Rochester Area Economic Development, Incorporated (RAEDI). He noted that it is fully expected that a return of $97.50 for every dollar given to Gauthier Industries will be returned to the public through payroll, goods purchased, etc.. Also they will be investing about $18.50 of private dollars for every $1.00 of tax increment dollars. It is also expected that within five years there will be about 50 jobs at the site. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 158- 97 approving a Tax Increment Financing District for Gauthier Industries. Ayes (7); Nays (0). Motion carried. Councilmembers moved, seconded, to approve the following consent agenda items. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 COUNCIL 4915 Agenda Item C-1 Approval of the minutes of the March 17, 1997 Council meeting. C-2 Accept the donation of two bicycles to the Rochester Police Department from Chafoulias Management Company. It was noted by Gary Neumann that the Police Department will be forthcoming with information on how these donated bicycles will be used in the Department. C-3 Approve the repeal of RCO 31 which concerns plats and the platting process and instruct the City Attorney to prepare the required ordinance for adoption. C-4 I Adopt the following Rochester Public Utilities resolutions: Resolution No. 159-97 for a purchase order agreement with Border States Electric Supply for single phase electric meters delivered from June 1, 1997 through December 1, 1998 in an amount not to exceed $142,500.00. Resolution No. 160-97 for payment to the Minnesota Pollution Control Agency for the Silver Lake Plant's 1997 emission fee in the amount of $45,598.89. C-5 Approve the following licenses and bonds: Chic - Renewal Linda Ganske, 816 14th Avenue N.E. Circus Rochester Jaycees, George Carden Circus at the Mayo Civic Center - April 9, 1997. Gambling -Temporary Raffle Rochester Area Builders at Willow Creek Golf Course - May 22, 1997. Master Installer - Renewal Robert Klocke, Hayfield, Minnesota. Sewer and Drain - Renewal Daren Hofschulte DBA D.H. Backhoe, Elgin, Minnesota. Sewer and Drain Pat Lagainere DBA J.O. Ottman Construction, Oronoco, Minnesota. Sidewalks - Cement - Renewal Mike Lawson DBA Lawson Construction, Stewartville, Minnesota. Miscellaneous Activities Barnes and Noble/Centerplace Galleria, Teddy Bear Picnic at Peace Plaza, June 21, 1997 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 916 Adjourned Meeting No. 8 - April 7, 1997 Agenda Item 3.2 On -Sale Beer Licenses - Renewal Bilotti's Italian Restaurant Canadian Honker Restaurant Chardonnay, Ltd. China Dynasty Classic Restaurant & Catering (Eastwood Golf Course) Club House Diner Club 63, Inc. Combo Cuisine Daube's Bakery & German Restaurant Denny's Restaurant, Inc. Fajita LaCasa Godfather's Pizza Great China Restaurant Great Magic wok Cuisine John Hardy's Bar-B-Que, Inc. - Highway 52 North John Hardy's Bar-B-Que, Inc. - South Broadway Legends of Rochester Mac's Restaurant Mr. Pizza, Inc. Pizza Huts #426015 Pizza Huts #426016 Pla-Mor Ballroom Rochester Softball Association Shakey's Pizza Buffet Two Worlds Restaurant Valentino's of Rochester Waldo's Pizza - 37th Street N.W. Waldo's Pizza - Miracle Mile Shopping Center Wong's Cafe Zorbas of Rochester 19th Hole at Soldier's Field Off -Sale 3.2 Beer Licenses - Renewal Asian Food Store Club 63, Inc. Econofoods, Inc. Fajita LaCasa Hy-Vee Food Store #1 Hy-Vee Food Store #2 Mr. D's Family Market - Silver Lake Shopping Center Mr. D's Family Market - Hillcrest Shopping Center Mr. Pizza, Inc. Oriental Food Rainbow Foods, Inc. - Crossroads Shopping Center Rainbow Foods, Inc. - Maplewood Shopping Center Sunny Market 19th Hole at Soldier's Field �I� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 4 917 Agenda Item Other Renewal Licenses Bowling 2 Cigarettes Vending Machine 37 Over the Counter 96 Dance 23 C-6 I Approve Accounts Payable in the amount of $1,853,127.92. C-7 IAdopt Resolution No. 161-97 authorizing transfer of the contingency funds as described in the Request for Council Action presented. C-8 Adopt Resolution No. 162-97 authorizing the City Clerk to advertise for bids on April 21, 1997 for one (1) 1997 or newer 36,000 lb GVW dump truck with 90,400 ft. pd. crane for the Puiblic Works Department. C-9 Adopt Resolution No. 163-97 authorizing the City Clerk to advertise for bids on April 21, 1997 for the 1997 Season Supply of Cutback Asphalt RC-800 and Asphalt Emulsion CRS-2 (Cationic). C-10 Adopt Resolution No. 164-97 authorizing the City Clerk to advertise for bids on April 21, 1997 for the 1997 Season Supply of Washed Sand, Gravel and Crushed Rock & Pea Gravel. C-11 Adopt Resolution No. 165-97 authorizing the City Clerk to advertise for bids on April 21, 1997 for the 1997 Season Supply of Plant Mixed Bituminous Mixtures. C-12 Approve the appointment of Jim Polinsky to the Rochester Convention and Visitors Bureau Board of Directors to fill the vacancy created by the resignation of Jay Freeman. C-13 Adopt Resolution No. 166-97 authorizing the staff to proceed with the acquisition of the needed right of way for 19th Street N.W. (J-9310) in the amount of $15,800.00 for the Whiting property. C-14 Adopt Resolution No. 167-97 authorizing the staff to proceed with the acquisition of the needed right of way for DM&E Trunk Sewer Relief Line (J-9367) in the amount of $1250.00 on the Winkles property. C-15 Adopt Resolution No. 168-97 authorizing staff to acquire the 4 ft x 140 ft tax forfeited parcel lying adjacent to 23rd Street S.W. and Lot 1, Block 4 of Hilmer High View Acres for right of way at such time the adjacent road was reconstructed at a cost of $21.15. C-16 Adopt Resolution No. 169-97 designating the following streets, with a combined total of 4.85 miles, as part of the Municipal State Aid System subject to the approval of the Commissioner of Transportation of the State of Minnesota: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -491g CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 Agenda Item C-17 C-18 C-19 C-20 D-1 E-1 1. 32nd Avenue N.W. from 19th Street N.W. to Valleyhigh Road 2. 55th Street N.W. from East Frontage Road TH 52 to West River road 3. 22nd Avenue N.W. from East Frontage Road TH 52 to 48th Street N.W. 4. 48th Street N.W. from 22nd Avenue; 18th Avenue N.W. 5. 31st Street N.W. from 18th Avenue N.W.; 14th Avenue N.W. and 12th Avenue N.W. thence 12th Avenue N.W. from 14th Avenue N.W. to Elton Hills Drive. 6. Rocky Creek Drive N.E. from Northern Valley Drive to East Circle Drive. 7. Cascade Street N.W. from 18th Avenue N.W.; 12th Avenue N.W. Adopt Resolution No. 170-97 authorizing the City Clerk to advertise for bids on May 14, 1997 for Project No. 6204-3-94 (J-9327) 'Reconstruct Pavement and Extend Sanitary Sewer Trunkline on 4th Street S.W. from Broadway to 2nd Avenue S.W." and Project No. 6301-3-97 (J-2170) "Construct Sanitary Sewer Trunkline from South Broadway at 4th Street S.W. to the Zumbro River via 1 st Avenue S.W." Adopt Resolution No. 171-97 authorizing the City Clerk to advertise for bids on May 14, 1997 for Project No. 6219-4-94 (J-9310) "Reconstruct 19th Street N.w. from 32nd Avenue N.W. to West Circle Drive". Adopt Resolution No. 172-97 authorizing the City Clerk to advertise for bids on May 14, 1997 for Project No. 9703 (J-2561) 'Basic Construction Rochester Technology Park, in Technology Drive N.W. from Valleyhigh Drive N.W. to West Line Lot, Block 1, Rochester Technology Park" Adopt Resolution No. 173-97 authorizing the Mayor and City Clerk to execute the Assessment Agreement with Western Walls, Inc. for Diamond Ridge Ninth Subdivision for Project No. J-8251 "Country Club Manor High Level Water Tower" and Project J-8619 "Trunkline Sanitary Sewer Along South Side of TH 14 West". Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 174-97 referring a petition for sanitary sewer from owners in Rose Harbor First Subdivision to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Evans seconded, to approve compensation for Larry Koshire, new General Manager of the Public Utilities Department, at $99,400.00. Discussion. Councilmember McConnell stated that he felt that the salary and benefits were excessive and he could not vote for hiring Larry Koshire under these conditions. It was pointed out that the market standard for this type of position commands a high salary and benefits. The pay study that was conducted for the City also RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 -49 / 9 noted that the department heads, which includes the Public Utility Manager, were the only group that were underpaid in the organization. Ayes (6), Nays (1). Councilmember McConnell voted nay. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 175-97. creating a Committee on Urban Design and Environment and adopting the Committee by-laws as proposed, and instructing the City Attorney to prepare the required ordinance for adoption abolishing the current Committee on Urban Environment. The Council also wished to thank the members that have served on the Urban Environment Committee over the past years. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to approve'an amendment to the skateboard ordinance deleting the requirement for the impoundment of rollerblades or skateboards and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 176-97 approving the Development Assistance Agreement with Gauthier Industries for a maximum amount of $291,000 and authorize the City Clerk and Mayor to sign the Agreement. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 177-97 approving the Settlement Agreement with Lovering Johnson, the general contractor for the construction of the Civic Center Parking Ramp and related skyways with the City paying $155,250 plus the release of the $175,000 that the City withheld from payment on Lovering Johnson's contract. Discussion. Councilmember McConnell complimented the City Attorney and the City Administrator for the excellent work their staff had done on the settlement. He was extremely disappointed in the performance of CPMI in this situation. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to refer an amendment to Section 62.727(1) of the City of Rochester Zoning Ordinance and Land Development Manual to delete language prohibiting residential uses on the ground and second floor levels of buildings located in the Central Business District and Fringe areas of the Central Development Core. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 178-97 approving a contract between Rochester Civic Music and Matt Forss to partner/produce a fundraising dance for the benefit of Rochester Civic Music on April 18, 1997. Ayes *(6), Nays (0). Motion carried. Councilmember Hruska voted nay. .q 92, p Agenda Item E-8 E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 Councilmembers Evans moved, Hruska seconded, to approve the transfer from On -Sale Intoxicating Liquor to On -Sale Wine and 3.2 Beer Licenses for Matthew's Food Service, Inc. DBA The Wright Stuff Restaurant and Catering, Rochester International Airport. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to approve On -Sale Wine Licenses for two locations of Hardy's Bar-B-Q at 929 West Frontage Road, Highway 52 North, and 1940 South Broadway pending the required insurance certificates and fees. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to table the acceptance of bids for one (1) 36,000 gvw Truck Chassis and Hydraulic Hook Lift Loader at the request of the Public Works Department. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to table the acceptance of bids for two (2) 36,000 gvw Dump Trucks at the request of the Public Works Department. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No 179-97 approving the Labor Agreement for 1996, 1997, and 1998 with Law Enforcement Labor services, Inc. representing employees of the Police Department. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 180-97 approving the Wetland Delineation and Replacement Plan for the Greens* Subdivision with four conditions as recommended by the Technical Evaluation Panel. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 181- 97 authorizing the Director of Public Works to execute a Temporary Permit to Construct an access to serve the North Frontage Road lying West of the proposed interchange of Highway 14 and West Circle Drive. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 182-97 approving the Utility Agreement with U.S. West Communications, Inc. to permit them to install a fiber optic cable in a City owned 72" steel casing located by MN/DOT permit within TH 52 right-of-way adjacent to Mayowood Road. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 183- 97 approving the Agreement with Western Walls, Inc. to settle the dispute over the calculations of the Project No. J-8251 "Country Club Manor High Level Water Tower" refunding Wester Walls, Inc. for $2,484.92. Ayes (7), Nays (0). Motion carried. 11 E-17 Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 184-97 authorizing the City Clerk to advertise for bids for April 30, 1997, for Curb RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7, 1997 4921 Agenda Item and Gutter Project No. 1-1996 (J-9388) "Construction of Concrete Curb and Gutter on 11th Avenue S.E. from 12th Street to 10 1/2 Street S.E., 11 1/2 Street S.E. East (Macken Property); south side of 17 1/2 Street N.W. from 19th Avenue to 21st Avenue N.W. Replacement of concrete curb on the west die of 5th Avenue S.W. from 5th Street S.W. to approximately 200 feet north and the construction of related sidewalk also sidewalk from 11 th Avenue to Bear Creek Bridge on the north side of Highway 14 East". Ayes (7), Nays (0). Motion carried. E-18 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 185-97 accepting the bids of Brent Anderson Associates, Inc. in the amount of $214,709.00 for Project No. 8215-21-97 (J-2092) 'Restoration of the Center Street Ramp". Ayes (7), Nays (0). Motion carried. E-19 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 186-97 approving changes to Section T "Metered Parking" of Comprehensive Traffic and Parking Resolution book to read: A. Zone E-90 minute meters; change the following paragraphs to read (6) First Avenue N.E./10 blk; delete in its entirety (13) Second Street N.W. on both sides from Second Avenue to Third Avenue (14) Civic Center Drive S.E./10 blk; delete in its entirety B. Zone G - 3 hour meters; add the following paragraphs to read: (1) First Avenue N.e. on both sides from East Center Street to First Street (2) First Avenue N.W. on both sides from Second Street to Third Street (3) Second Street N.W. on both sides from Broadway to Second Avenue (4) Civic Center Drive S.E. on the east side from East Center Street to First Street S.E. Ayes (7), Nays (0). Motion carried. E-20 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 187-97 adding paragraph 2.1 of section C "Special Parking Zones" (Zone A - General) to read: 2.1 First Avenue N.W., on the west side, from West Center Street north a distance of 90 feet plus or minus. (4 stalls for handicapped parking) Ayes (7), Nays (0). Motion carried. The relationship of Councilmembers Hruska, Senjem and Stobaugh with the Mayo Foundation was noted. E-21 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 188-97 awarding the bid for Project No. 9501 (J-2005) 'Remodel the Traffic Operations Building" to the low bid of MEC Construction in the amount of $141,640.00 and authorize transfer of $90,000 from the Parking Enterprise Fund to J-2005. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4922 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - April 7. 1997 Agenda Item E-22 F-2a F-2b F-2c F-3a F-3b F-3c F-3d Councilmembers Hurska moved, Stobaugh seconded, to adopt Resolution No. 189-97 approve the agreement between the City of Rochester, Olmsted County Housing and Redevelopment Authority and Community Housing Partnership concerning Rental Homes. Ayes (7), Nays (0). Motion carried. An Ordinance Repealing Chapter 31 of the Rochester Code of Ordinances, Relating to the Platting Process, was given a first reading. An Ordinance Repealing Section 20.18 of the Rochester Code of Ordinances, Relating to the Committee on Urban Environment, was given a first reading. An Ordinance Amending and Reenacting Section 73.10 of the Rochester Code of Ordinances, Relating to the Prohibition of the Riding of Rollerskates and Skateboards in the Business District in the City of Rochester, was given a first reading. Councilmember Marcoux 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. Councilmember Evans moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Repealing Section 85.08 of the Rochester Code of Ordinances, Relating to the Regulation of Handbill Distribution, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 55 Acres of Land Located in the Southeast Quarter of the Southeast Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (south side of Pinewood Road S.E.) An Ordinance Annexing to the City of Rochester Approximately 30.29 Acres of Land Located in the Northeast Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (south of 55th Street N.W. and West of 50th Avenue N.W.) An Ordinance Creating Section 66.102 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Issuance of Advertising Sign Permits Within the City, was given a second reading. Councilmembers moved, seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. 1 F-4a Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 190-97 approving an Owner Contract for Project No. J-9412 for 'Basic RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Adjourned Meeting No. 6 - April 7, 1997 4923 Agenda Item F-4b G-1 H-1 a Construction in Lincolnshire Eighth Subdivision (Lots 1-26, Block 1; Lots 1-11, Block 2; Lots 1 and 2, Block 3)" with Michael Younge Development, Inc. and Road Constructors, Inc. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.191-97 approving an Owner Contract for Project No. J-9420 ' Watermain Extension to Serve The Greens - Phase 2" with The Greens of Rochester and S.L. Contracting, Inc. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to remove from the table the Parkland Dedication Revision for Salem Sound Fourth. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to deny the approval for revision of parkland dedication for Salem Sound 4th until after the land development manual and subdivision review is completed. Ayes (7), Nays (0). Motion carried. Councilmember Marcoux moved, Stobaugh seconded, to direct staff to gather information on what currently exists in Rochester and other communities on development around lake and pond areas; catch basins, storm sewer collection, setbacks, etc. especially where there may be a public involvement in those areas. Ayes (7), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk