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HomeMy WebLinkAbout09-03-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 5049 Agenda Item B-1 1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Ed Hruska, Mack Evans, Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None. A Hearing on the 1998 Community Development Block Grant Program. The following individuals wished to be heard to give testimony about and for their particular organization: ARC of Olmsted County Pam McGuire, 721 12th Street N.W. Ms. McGuire stated that ARC is a support program for people with developmental disabilities and discussed the need for additional funding of the advocacy program known as People First. Wendy Schleder, 310 20th Avenue S.W. Ms. Schleder currently holds a position at ABC which, she stated, has allowed her to lead a full life. Heidi Archer, 1207 Fifth Avenue S.E.. She works at ABC on the assembly line. She talked about the People First Program and how it has helped with accessibility and transportation needs. Child Care Resource and Referral Shawna Kishel, 3404 15th Avenue N.W. Ms. Kishel talked about the assistance the program gives to low and moderate income families to assist in the cost of child care. They have a waiting list at all times. Dusty Dunn, 5106 24th Avenue N.W., a recipient of the subsidy program. She attends college and works full time; without the child care program she would be unable to do so. She also noted that it helps keep people off welfare who could not otherwise pay for child care. Olmsted County Housing & Redevelopment Authority (HE& Randy Klement, Rochester/Olmsted County HRA, spoke as to the need for additional funding to cover administrative costs associated with the MHFA Rental Rehab Program. The program provides funding for improvements to owners with rental units of four units or less. PossAbilities of Rochester John Flanders, 2106 Haralson Lane S.W., stated that they have made a modest request for funds to purchase software and hardware to allow them to offer automated mail services. PossAbilities provides employment to over 60 individuals in business who need help with mail processing services. 5050 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 - September 3. 1997 Agenda Item Ability Building Center Walter Bigelow, Executive Director, 1911 14th Street N.W. Mr. Bigelow talked about the new program being started called Abilities Unlimited. The program will assist individuals living in group, foster or group living facilities in daily care and daily activities. Ann Kamin, 1425 First Street N.W., Director of Abilities Unlimited. Ms. Kamin spoke about the program and that the funds received would be used to purchase specific equipment and appliances for the disabled including kitchen appliances, exercise equipment and furniture. Salvation Army Major Lee Morrison talked about the need for monies to provide start-up equipment for a welfare to work program for the community developed as a response to the community's need. Hiawatha Homes Foundation, Inc. Doug Butler, Executive Director of Hiawatha Homes,. Mr. Butler noted they are taking homes and making them more accessible for disabled individuals. The current request is for monies to finish the lower level of a home by installing a small elevator, providing two additional bedrooms and an accessible bath. Randy Klement, Rochester/Olmsted County HRA, requested funding to continue the rental rehabilitation work in the Kutzky Park area of the City. He noted that there are currently 17 property owners on the list. Southeastern Minnesota Center for Independent Living (SEMCIL) Laurie Brownell, 2027 24 1/2 Lane S.E.. Ms. Brownell stated that SEMCIL is requesting funds to continue their Home Modification Rehabilitation Program removing architectural barriers and addressing other accessibility issues. Samaritan Bethany, Inc. Sue Knutsen, 24 8th Street N.W., Administrator at the Home on Eighth. Samaritan Bethany is requesting monies to allow them to install security fencing and landscaping particularly between the Home and the new Super America . Having no one further wishing to be heard, President Hunziker closed the hearing. A further hearing will be held on September 15th, 1997. The Council's allocations will be announced at this meeting. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 5051 Agenda Item A Hearing on Fire Code Appeal by Jake Muldrow. Wishing to be heard was Jake Muldrow, 2008 Ninth Avenue N.W. Mr. Muldrow stated that he has been in the process and trying to secure funding over the past three years through housing rehabilitation programs. The funding would have allowed him to install the needed fire alarm and/or sprinkler system required by the Fire Code into his apartment dwelling at 219 Sixth Avenue S.W.. He stated that he was hoping to do rehabilitation to the building of approximately $75,000 which would include more than just the fire alarm update. Mr. Muldrow said that if he has to do a sprinkler system, it will be an impossible expense on his part. Wishing to be heard was Randy Klement, Rochester/Olmsted Co. HRA, who noted that there were 19 people on the waiting list for MHFA funding, including Mr. Muldrow. A lottery was drawn and Mr. Muldrow was number 17 out of 19 applicants. He stated that it was not probable that he would receive funding in the coming year. Wishing to be heard was Lyle Felsch, Deputy Chief, Fire Department, stating that they have been trying to work with Mr. Muldrow and can sympathize with him, but the apartment dwelling is still without adequate fire protection. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Senj em,seconded, to grant the Fire Code Appeal by Jake Muldrow until April 1998. Discussion. Ayes (3), Nays (4), Motion failed. Councilmembers Hruska, Marcoux, Stobaugh and President Hunziker voted nay. Councilmembers Marcoux moved, Stobaugh seconded, to deny the Fire Code Appeal by Jake Muldrow and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (3). Motion carried. Councilmembers Evans, McConnell and Senjem voted nay. B-3 A Hearing on Final Plat #97-20 to be known as Northern Heights North Townhomes Subdivision. Wishing to be heard was Louis Yockey, McGhie & Betts, stating that the five conditions previously recommended have been resolved with the Planning and Public Works Departments. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Evans seconded, to adopt Resolution No. 469- 97 with one condition. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Annexation by Ordinance #97-13 by the City of Rochester to annex approximately 123.3 acres of land located in Sections 4, 9 and 10 Rochester Township which is 100 percent surrounded by City limits. 5052 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 Agenda Item B-5 Wishing to be heard was Charles Graham, 2709 Salem Road N.W. Mr. Graham noted that approximately one year ago he had signed a petition opposing annexation. He is not opposing at this time if he is assured that it will be rezoned R-Sa, allowing them to keep their larger lots, and that the unoccupied property not be zoned R-1. Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W.. Mr. Nelson questioned whether the private road contained in the Crocus Hill Subdivision would be taken over by the City. He was answered that it would not be. Wishing to be heard was Gary Poulson, 1540 Woodland Drive S.W.. Mr. Poulson was concerned because at present there are no street lights and very few houses; he would like the area kept the same way. Mr. Poulson was told that unless the residents petitioned for street lights, they would not be installed. Wishing to be heard was Leo Hagan, 3025 Salem Road S.W., afraid of the annexation because he is afraid of the costs associated with putting sewer and water into the area if the City so desires. He was answered that the City had no plans for any improvement project for the area. Wishing to be heard was Margaret Pfeifer, 2715 Salem Road S.W., concerned about one piece of property in the Crocus Hill Subdivision being zoned R-1 and developed. Having no one further wishing to be heard, President Hunziker closed the hearing. It was noted that the "H" designation for zoning is put on the property until a decision is made as the proper zoning for the area. This will not allow anyone to build or develop on their property. Planning has asked the land owners to contact them with their desires for zoning. The proposed zoning will then come back to the Council in the form of a hearing for their approval. Councilmember Marcoux moved, Senjem seconded, to adopt Annexation by Ordinance #97-13 by the City of Rochester to annex approximately 123.3 acres of land located in Sections 4, 9 and 10 Rochester Township which is 100 percent surrounded by City limits and looking at the "H" Zone to consider the Baihly Woodlands Area to see if the same zoning will apply as Crocus Hill. Ayes (7), Nays (0). Motion carried. A Hearing on the Extension of Bus Service to Manor Woods West. Wishing to be heard was Tony Knauer, Department of Public Works, noting that he was available in the event of questions. He also noted that the Citizens Advisory Board on Transit had approved the extension of service. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 I1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 5053 1 Agenda Item Councilmembers McConnell moved, Stobaugh, seconded, to adopt Resolution No. 470-97 approving the extension of bus service to Manor Woods West effective September 15, 1997. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on Vacation Petition #97-10 by Randy Reynolds to vacate that portion of the platted roadway known as Southview Place S.W. Wishing to be heard was Louis Yockey, McGhie and Betts, representing the applicant and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 471-97 approving Vacation Petition #97-10 by Randy Reynolds. Ayes (7), Nays (0). Motion carried. B-7 A Hearing on Rochester Urban Service Area Land Use Plan Amendment #97-3 by the City of Rochester to amend the land use plan designation from low density residential to the commercial designation on land located along the north side of Second Street S.W., east of property previously occupied by the Fisher Driving Range and west of the West Zumbro Addition. Wishing to be heard was Mary Angelici, 2101 Second Street S.W, asking why the City wanted the property. She noted that she had been approached by a developer saying that if she didn't sell, the City would condemn her property She was assured that the City was not going to condemn her property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 472-97 approving Land Use Plan Amendment #97-3 by the City of Rochester to amend the land use plan designation and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on Type III, Phase II, Land Subdivision Permit #97-25 to be known as Manorwood Lakes Third Subdivision. Wishing to be heard was Bob DeWitz, 604 11th Avenue N.W. Mr. DeWitz commented on several of the conditions that were recommended: Condition #2 - Should be an assessment project affecting both sides of 7th Street N.W.; sidewalks will be constructed when the houses are constructed. Condition #3 - Mr. DeWitz stated that the embankment through the lots is very steep from Lake View Street and Lake Street N.W. going down to the lake. He will work with the Public Works Department but does not feel that it is feasible to make a pedestrian walkway through the lots. Condition #5 - They will work with Public Works on the outlots for stormwater detention. Condition #8 - This particular RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5054 CITY OF ROCHESTER, MINNESOTA Regular Adiourned Meeting No. 20 - September 3, 1997 Agenda Item condition was confusing in that Mr. DeWitz is not aware what other "conditions" there might be. If the condition refers to the grading/drainage/construction plans only, it needs to be worded differently. Condition #9 - This condition was also confusing as Mr. DeWitz felt that if he didn't need permission from anyone to be able to connect with 7th Street N.W. Mr. DeWitz was concerned about an additional assessment for a watermain in 7th Street N.W. He also discussed the fair market value attributed with the parkland dedication requirement. He stated that the land is not worth $14,000 per acre but more like $8,000 per acre. Mike Nigbur, Public Works Department, responded to Mr. DeWitz's concerns. Condition #2 - During the discussions with Mr. DeWitz it was stated that an assessment option would be looked at for the curb/gutter/storm sewer/sidewalk for the area. The north side of the street contains a large area not developable because of floodway. Condition #3 - There is approximately 350 feet between the two streets with an elevation difference of about 30 feet. During their discussions, it was noted that the Public Works Department would like to see grading plans to see if it is viable or not to put a path in that area. Condition #8 - Other conditions cannot be placed on a final plat application but in the event that utility easements were needed, that was the reason for the "other conditions" comment. Condition #9 - MNDOT has the authority as to when the access to Highway 14 is closed. The Public Works Department did not know at this time what direct impact the closing of the highway would have on 7th Street. Mr. Nigbur also stated that he would work with Mr. DeWitz on the valuation for the parkland dedication amount. Having no one further wishing to be heard, President Hunziker closed the hearing. There was further discussion on the construction of 7th Street N.W. and whether the developer should be required to install and/or pay as an assessment project the curb/gutter/storm sewer/sidewalk. Mr. DeWitz stated that he would put in 7th Street N.W. and pay for the assessments on the south side if the Council developed the entire 7th Street. Steve Kvenvold, City Adminstrator, recommended that Mr. DeWitt pay the assessments as a part of the owner - contract regardless of what the Council does with the rest of 7th Street. Councilmembers Hruska moved, Stobaugh seconded, to approve Land Subdivision Permit #97-25 with 13 conditions rewording condition #8 to state "other conditions relating to grading/drainage/construction plans may be placed on the final plat due to information included in the submittal of the plans" and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Further discussion ensued on condition #3 dealing with the pedestrian walkway between Lake View and Lake Streets. Gary Neumann, Assistant City Administrator, noted that in the past we have required some subdivisions to put in pedestrian walkways; some have worked and some have not. Steve RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 5055 Agenda Item Kvenvold, City Administrator, recommended the condition be deleted; the subdivision ordinance is in the process of being reworked and that it is one of the issues that the consultant will need to address. He cautioned, however, that the homeowners will have individuals, both adults and children, cutting through their properties to gain access to Cascade Lake from Lake View Street. Councilmembers Senjem moved, Stobaugh seconded, to amend the original motion and delete condition #3. Discussion. Upon roll call vote: Councilmembers Evans - aye, Hruska - nay, Marcoux - nay, McConnell - aye, Senjem - aye, Stobaugh - aye, President Hunziker - nay. Ayes (4), Nays (3). Motion carried. Vote on original motion as amended with condition #3 removed and the wording of condition #8 changed. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on Type III, Phase II Land Subdivision Permit #97-26 by Foxcroft Corporation and John Klopp to be known as FoxCroft North Fourth Subdivision. Wishing to be heard was Leslie McGillivary, McGhie and Betts, representing John Klopp. Ms. McGillivary was available in the event of questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to approve Land subdivision Permit #97-26 by Foxcroft Corporation and John Klopp to be known as FoxCroft North Fourth Subdivision with three conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-10 A Hearing on Type III, Phase II Restricted Development Conditional Use #97-17 by SJC Properties to allow for the extraction of sand and gravel in the R-1, M-1 and Floodway Districts for property located at the southwest quadrant of the 40th Street S.W. and U.S. 63 South intersection. Wishing to be heard was John Arnold, Dunlap & Seeger Law Office, and an officer in SJC Properties, LLC, the applicant. Mr. Arnold noted that he was in agreement with 13 of the 16 conditions but disagreed with the following: (1) He disapproved of Condition #3 as the LGU removed the requirement for a No Loss Certificate after the Planning Commission meeting; therefore, the first part of Condition #3 is no longer needed. He stated that dewatering might not occur as well. (2) Condition #2 requires a 30' easement for sanitary sewer. The sewer runs along the easterly property line and further south to property owned by Kottschade. Last year's mining permit application made the area to be mined smaller. The RCA for last year's Council action showed a 20 foot easement; when the permit was issued, it showed a 30 foot easement. The easement is a 5056 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 Agenda Item C-1 - 7 perscriptive easement as no recorded easement exists Mr. Arnold stated that the easement has no relationship to the mining operation requested as the mining will not extend into the easement area and there will be no haul road along the property line where the easement is located. He asked that the Council remove the condition. (3) Condition #5 includes required revisions of the official map for TH 63/40th Street SW. The City has done everything to approve and record the official map and there are no provisions that say it must be made a part of a conditional use permit. Therefore, they are requesting that the condition be withdrawn. Wishing to be heard was Louis Yockey, McGhie & Betts, noting that the materials mined would be hauled away and crushed at another site. Councilmembers asked about the security of the area and the gravel pit with children in the area. Mitzi Baker, Planning Department, noted that one section of the ordinance addresses the issue; it was simply overlooked as a recommendation but could be added as a condition. Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, addressed Condition #2. The previous resolution, approving the original Conditional Use Permit, required the owner to provide a 30 foot easement with the alignment decided by the Public Works Department. The applicant is requesting to change to a 20 foot easement; Mr. Freese asked that the 30 foot requirement remain in effect. Mike Nigbur, Public Works Department, agreed that there was a typing error in the original Request for Council Action which stated a 20 foot easement rather than the required 30 foot easement. He stated that the issue of the easement needs to be resolved in order for the amendment to the CUP to be approved as it affects the property in question. Mitzi Baker, Planning Department, agreed that the first part of Condition #3, requiring a Woodland Delineation, be dropped as a condition. Terry Adkins, City Attorney, addressed Condition #5 stating that the project did not address vehicular circulation and safety even thought the official street map addresses future roadways. Councilmembers Hruska moved, Evans seconded, to reopen the hearing and continue the hearing until the September 15th, 1997 Council meeting. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to approve the following consent agenda items: C-1 Approval of the minutes of the August 25th, 1997 Council meeting. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 5057 Agenda Item Adopt Resolution No. 473-97 awarding the bid to Head of the Lakes Striping for airfield paint stripping at the Rochester International Airport and Resolution No. 474-97 authorizing the Mayor and City Clerk to sign the State Air Agreement. C-3 I Approval of the following licenses and miscellaneous activities: Cigarette - Over the Counter Superamerica Group #4036, 701 North Broadway On -Sale Liquor - Temporary Andy's Liquors for Heathy Homes Foundation - Radisson Hotel - September 19, 1997 Sidewalk/Driveway - Cement Rite -Way Masonry, Claremont Richard Volden Construction, Onalaska, Wisconsin Sound Amplification Ability Building Center - employee picnic at Cooke Park - August 21, 1997 (prior approval obtained) Gay and Lesbian Community Services - National Coming Out Day - October 11, 1997 Resurrection Catholic Church City -Wide Peace Walk - September 27, 1997 (waiver of time requested) Mrs. Art Birdseye, 615 Tenth Avenue S.W. - Wedding Reception - August 30, 1997 (prior approvals obtained) Miscellaneous Resurrection Catholic Church City -Wide Peace Walk - September 27, 1997 C-4 I Approval of payment of Accounts Payable in the amount of $2,433,658.03. C-5 Adopt Resolution No. 475-97 authorizing the City to execute a quit claim deed to R & S Investments concerning the City's Rights to land located in the area of Highway 14 and 15th Avenue S.E. C-6 Adopt Resolution No. 476-97 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on October 1, 1997, for Project No. 9717 (J-9441) "Extension of Sanitary Sewer in Bandel Road N.W. From North Line of Bandel Hills Townhomes to North Approximately 1500 Feet". C-7 Adopt Resolution No. 477-97 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on October 1, 1997 for Project No. 9713 (J-9434) "Sanitary Sewer Extension from Property Corner of Edina Realty Northeasterly in Public Right of Way to A Point Directly Adjacent to Septic System Serving Pemberton Property". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5O5H CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 Agenda Item D-1 D-2 E-1 E-2 E-3 E-4 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 478-97 referring the petition for street improvement in the 900 block of 17 1/2 Street S.E. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 479-97 referring the petition for reconstruction of an alley in the 500 Block between 11th Avenue and 10th Avenue N.E. to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to instruct the City Attorney to prepare the required ordinance extending the interim ordinance an additional 60 days to provide adequate time for preparation and review of amended provisions relating to Bed & Breakfast facilities. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 480-97 entering into an agreement with AGA Parking Consultants and HGA Architects in the amount of $232,000 for the design of the Brown Lot Parking Ramp. Discussion. Councilmember McConnell noted that he had been asked why HGA always received the contract without going through competitive bidding. Steve Kvenvold, City Administrator, noted that five proposals were solicited, two were interviewed with HGA being recommended. He stated that HGA has done only skyway projects for the City and that are the most experienced people in the business. He stated that competitive bidding is not a part of this process. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 481-97 authorizing the City staff to establish just compensation for land rights and the City Attorney to initiate appropriate proceedings to acquire any interests in lands needed to facilitate the construction of an additional downtown parking ramp on the site currently known as the Brown Parking Lot. Discussion. It was noted by the staff that current patrons of the Brown Lot would be given notice from the City for construction of the parking ramp and would have priority to park there when the ramp is completed. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 482-97 authorizing the acquisition of the ISD #535 Second Street property at the proposed price of $14,000 for the Cascade Lake development area. Ayes (7), Nays (0). Motion carried. 1 J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular AdjournOed Meeting No R20 - (September 3, 1997 5050 Agenda Item Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 483-97 executing a maintenance agreement with Michael and Julie Neumann concerning a drainage ditch which was significantly filled without any plans or inspection located in Baihly Heights Sixth Subdivision. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 484-97 awarding the contract to Doyle Conner Company for $76,663.85 for Project No. 6301 1/2-2-96 (J-9359) "Reconstruct North/South Alley Connecting Third Street S.E. and Fourth Street S.E. one-half block east of Broadway". Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 485-97 requesting a variance from the Commissioner of Transportation concerning the applicability of State Aid Rules to State Aid Project 159-143-01, 23rd Avenue S.E. from County Road 9 to Trunk Highway 14, and agreeing to a hold harmless agreement in favor of the State of Minnesota for any claim arising from the granting of the variance. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 486-97 amending the Comprehensive Parking Resolution Book in Section I "Metered Parking": 1. Add paragraph 193.85 to Chapter B "No Parking Zones" to read: (193.85) 12th Avenue S.W. on the east side from First Street to Second Street, at all times. 2. Add paragraph 19.3 to Chapter C "Special Parking Zones" to read: (19.3) 12th Avenue S.W. on the west side in the 100 block, 2 stalls for handicapped parking. 3. Add paragraph (24) to Section I, "Zone E - 90 minute metered parking" to read as follows: (24) 12th Avenue S.W. on the west side from First Street to Second Street, at all times. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 487-97 amending the contract with Bonestroo, Rosene, Anderlik and Associates to prepare construction phase engineering services for the Water Reclamation Plant Water Proofing and Concrete Roof Repairs Project for an amount not to exceed $42,356.00. Ayes (7), Nays (0). Motion carried. E-10 I Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 488-97 accepting a federal grant for the Safe and Sober Communities Grant RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5060 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 20 - September 3, 1997 Agenda Item E-11 E-12 F-2a F-2b F-3a F-3b Program designed to increase enforcement of traffic violations. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to approve the House Moving Permit for Pat Ryan to move an apartment house at 1421 Fourth Avenue S.E. contingent upon payment of the application fee and departmental approvals. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Senjem seconded, to approve the fireworks display at John Marshall from September 5th to November 1st at the home football games. Ayes (7)., Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 123.3 Acres of Land Located in the East Half of Section 9, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Baihly Hills and Crocus Hills S.W. areas) 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. 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 second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Period until August 31, 1997) An Ordinance Creating and Enacting Section 45.071, and Amending and reenacting Sections 45.04, 45.07, and 45.16, of the Rochester Code of Ordinances, Relating to the Use of Parks and Parkways in the City of Rochester, was requested to be given a second reading. Councilmembers McConnell moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (allows carriage rides in park) Having no further business, Councilmembers Marcoux moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk 1