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HomeMy WebLinkAbout11-03-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - November 3, 1997 �5097 Agenda Item A-1 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. E-3 Councilmembers McConnell moved, Senjem seconded, adopt Resolution No. 607-97 calling for a public hearing at 7:00 P.M. on November 17, 1997, to consider amendments to the Rochester Code of Ordinances Chapter 80 - Human Rights. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on Annexation Petition #97-18 by Wayne and Beverly Thede and G.A. Nelson Company of Rochester to Initiate Orderly Annexation of 39.2 Acres of land located along the north side of 55th Street N.W. and the west side of 18th Avenue N.W. in the SE 1/4, Section 10, Cascade Township. Wishing to be heard was Louis Yockey, McGhie & Betts, representing the applicant, and making himself available for questions. Mr. Yockey noted that the land is no longer used as a horse farm. Wishing to be heard was Cheryl Platz, 5520 23rd Avenue N.W.. Ms. Platz was concerned about the zoning hearing that will be coming before the Planning Commission in the near future. She asked that the planners and others take into consideration that everyone doesn't necessarily want a strip mall or a gas station located just down the road from them. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 608-97 approving Annexation Petition #97-18 by Wayne and Beverly Thede and G.A. Nelson Company of Rochester. Ayes (7), Nays (0). Motion carried. (Note: Mitzi Baker, Planning Department, informed staff that this should have not been a hearing but should have been an E item asking for a resolution to amend . the orderly annexation agreement between the City of Rochester and Cascade Township.) B-2 A Hearing on Annexation by Ordinance Petition #97-17 by Steven and Elizabeth Freese to annex .595 acres of land located east of TH 52, south of 20th Street S.W. in a part of the NW 1/4 of the SE 1/4, Section 14, Rochester Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to approve Annexation by Ordinance Petition #97-17 by. Steven and Elizabeth Freese and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA \5098 Regular Meeting No. 25 - November 3, 1997 Agenda Item B-3 B-4 M - A Hearing to Consider Local Improvement Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb and Gutter in 19th Street N.W. from 18 1/2 Avenue N.W. to CSAH 4". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 609-97 approving local improvement Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb and Gutter in 19th Street N.W. from 18 1/2 Avenue N.W. to CSAH 4". Ayes (7), Nays (0). Motion carried. A Hearing to Consider the Proposed Assessments for Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb & Gutter in 19th Street N.W. from 18 1/2 Avenue N.W. to Valleyhigh Drive N.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 610-97 levying the proposed assessments for Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb & Gutter in 19th Street N.W. from 18 1/2 Avenue N.W. to Valleyhigh Drive N.W.". Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6206-2-79 (J-8692) "Reconstruct 6th Street S.E. from 4th Avenue S.E. to 13th Avenue S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 611-97 approving local improvement Project No. 6206-2-79 (J-8692) "Reconstruct 6th Street S.E. from 4th Avenue S.E. to 13th Avenue S.E.". Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh asked that the Public Works Department look into the installation of stop signs at 8th Avenue S.E. and speed limit signs on 6th Street between 3rd and 13th Avenue. A Hearing to Consider the Proposed Assessments for Project No. 6206-2-79 (J-8692) 'Reconstruct 6th Street S.E. from 4th Avenue S.E. to 13th Avenue S.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 612-97 levying the proposed assessments for Project No. 6206-2-79 (J-8692) "Reconstruct 6th Street S.E. from 4th Avenue S.E. to 13th Avenue S.E.". Ayes (7), Nays (0). Motion carried. 1 B-7 A Hearing to Consider Local Improvement Project No. 6303-3-95 (J-9328) "Reconstruct 6th Avenue S.W. from 2nd Street S.W. to 6th Street S.W.". RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL RegullaY Meeting Iv0. E �oveNeS3,TI�J97 5099 Agenda Item Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 613-97 approving local improvement Project No. 6303-3-95 (J-9328) "Reconstruct 6th Avenue S.W. from 2nd Street S.W. to 6th Street S.W.". Ayes (7), Nays (0). Motion carried. B-8 A Hearing to Consider the Proposed Assessments for Project No. 6303-3-95 (J-9328) 'Reconstruct 6th Avenue S.W. from 2nd Street S.W. to 6th Street S.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 614-97 levying the proposed assessments for Project No. 6303-3-95 (J-9328) "Reconstruct 6th Avenue S.W. from 2nd Street S.W. to 6th Street S.W.". Ayes (7), Nays (0). Motion carried. B-9 A Hearing on Proposed Amendment to the Rochester City Charter Section 7.06 to Establish Annual Review of City Council salaries. Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W., stating that he felt the Charter should be left the way it is now. If the council considers it each year, they may tend to raise the salaries. Wishing to be heard was Jim Engh, 1803 Hiawatha Court N.E., Chair of the Charter Commission. Mr. Engh stated that current language says there shall be a review from time to time but does not say how that process will take place. He noted that the Charter Commission wanted to deal with the political ramifications that might now be present during a pre -election period. The change would mean that the salaries would be reviewed annually but does not say that you have to change salaries. The ordinance would automatically be published annually. It also makes it a Council action rather than someone else in administration. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve the proposed amendment change to Chapter 7.06 of the Rochester City Charter and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-10 A Hearing on Final Plat #97-30 to be known as Pine Ridge Estates Third Subdivision. Wishing to be heard was Wade Dumond, Yaggy-Colby Associates, representing the applicant and available for questions from the Council. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5100 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - November 3. 1997 Agenda Item B-11 B-12 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 615- 97 approving Final Plat #97-30 to be known as Pine Ridge Estates Third Subdivision with one conditions. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase II, Conditional Use Permit #97-22 and Variance Request #97-22 by Nevac Group, LTD to permit the development of a two story elderly housing project and to allow a variance to the minimum off street parking requirements on land zoned R-1 and located along the north side of Salem Road, east of West Circle Drive. Wishing to be heard was Patrick Anderson, representing the Nevac Group. Mr. Anderson explained the project and showed what the two-story structure will look like. He noted that the development will be compatible with the surrounding uses, it's a sound development that uses very little land and a lot of landscaping. They had met with and the plan was approved by Klopp, adjacent land owner. Wishing to be heard was Linda Nelson, Regional Director for Minnesota, Nevac Group. Ms. Nelson noted that they are the largest assisted -living company in the nation. She stated that they are extremely careful to study the demographics when they start their planning in an area to make sure of the compatibility of the surrounding area. Mitzi Baker, Planning Department, noted that the Nevac Group has asked that the final plan be waived. She suggested that an additional condition be added to read: "Utility plans will be approved by the Public Works Department" and condition #5 be changed to read: "The property must be platted and the easements be dedicated". Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 615A-97 approving Conditional Use Permit #97-22 and Variance Request #97-22 by Nevac Group, LTD with ten conditions and waiver of the final plan. Ayes (6), Nays (1). Motion carried. Councilmembers McConnell voted nay after consideration of the proceedings from the Planning and Zoning meeting. A hearing on Type III, Phase II Restricted Development Preliminary Plan #97-23 by Keystone Management, Inc. to allow for the extraction of sand and gravel in the R-1 district and a Type III, Phase III Conditional Use Permit to allow extraction within the Floodway of Willow Creek for property located on the south side of 40th Street S.W., also north and westerly of Willow Creek and lying west of U.S. 63 in the north 1/2, Section 26, Rochester Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant, Keystone Management. Mr. Tointon noted that there were 13 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL RegCzay Meeting IVoE2� - NovNeS 3,T1997 S 01 Agenda Item conditions which they were in agreement with. Answering questions from councilmembers, he felt that a 10 to 18-year timeframe for removal of the material would be probable but that it might be less dependent upon the amount of fill needed by contractors and others. He noted that there is a proposed pond on this 8-acre tract with future possibility of single family homes be built at a later time. Wishing to be heard was Brad Nelson, 1105 40th Street S.W. Mr. Nelson lives directly across the road from the proposed excavation and is extremely concerned about the amount of travel by gravel trucks and the speeds that they travel. Mr. Nelson stated that the street is currently pushed to the limit and was never intended for commercial use. He was concerned that the trucks would travel to the west on the street rather than using the TH 63 access. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 616-97 to approve Restricted Development Preliminary Plan #97-23 by Keystone Management, Inc. and a Type III, Phase III Conditional Use Permit. Discussion. Councilmembers McConnell moved, Stobaugh seconded, to amend the original motion to include that all haul trucks must enter and exit 40th Street from Highway 63 and may not travel on 40th Street west of the entrance road to the property. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. Councilmembers Senjem moved, Marcoux seconded, to amend the original motion to state that after 18 years the Common Council shall review the development to assess whether it is appropriate to allow the development to continue. Ayes (6), Nays (1). Motion carried. Councilmember Stobaugh voted nay. A roll call vote was called for the original motion with the two amendments. Councilmembers Marcoux, McConnell, Senjem and President Hunziker voted aye. Councilmembers Evans, Hruska and Stobaugh voted nay.' Ayes (4), Nays (3). Motion carried. Mitizi Baker, Planning Department, noted that a final plan is called for and asked the Council if they wanted to waive the final plan if the applicant was agreeable. Councilmembers Marcoux moved, McConnell seconded, to waive the final plan for the Keystone Management , Inc. Restricted Development #97-23. Discussion. Richard Freese, Public Works Director, stated that condition #13 on the preliminary plan requires the applicant to make improvements to 40th Street if required by the Public Works Department. He noted that the applicant has not provided the department with information on the improvements. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA 510 2 . Regular Meeting No. 25 - November 3. 1997 Agenda Item B-13 B-14 C-1-4, 6-8, & 10-11 C-1 C-2 C-3 Councilmember Marcoux withdrew her previous motion; Councilmember McConnell withdrew his previous second. A Hearing on Final Plat #97-19 to be known as Lincolnshire North First Subdivision. Wishing to be heard was Wade Dumond, Yaggy-Colby Associates, representing the developer and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 617-97 approving Final Plat #97-19 to be known as Lincolnshire North First Subdivision, noting the change in parkland dedication requirements as submitted by the Park Department. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #97-29 to be known as South Pointe Third. Wishing to be heard was Louis Yockey, McGhie & Betts, representing the applicant. Mr. Louis Yockey stated that the development would contain 21 single family homes. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 618-97 approving Final Plat #97-29 to be known as South Pointe Third. Ayes (7), Nays (0). Motion carried. Councilmember Hruska noted the frustration of the residents for the condition of the roads. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items. Approval of the October 20, 1997 minutes. Adopt Resolution No. 619-97 setting a public hearing on November 17, 1997 at 7:00 P.M. to revoke or suspend the license for rental property at 233 Seventh Avenue S.E. Approve the following licenses and bonds: Gambling - Premise Renewal Elks Lodge #1091, 917 15th Avenue S.E. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON ��nJE � elNSpT tgNoReguIIaYlrI-vme31%97 COUNCIL 5103 Agenda Item Gambling - Temporary Raffles SE Minnesota High School Honors Choir - Holy Spirit Catholic Church - November 22, 1997 - request wavier of holding period Rocky Mountain Elk Foundation - Radisson Plaza Hotel - February 21, 1998 Eagles Fifth District Telethon - at Fraternal Order of Eagles - January 16, 1998 - request waiver of holding period Rochester Area Family Y - Radisson Plaza Hotel - December 31, 1997 House Moving Tony Knauer by Boverhuis Movers of Lansing, Minnesota - November 6, 1997 Heating Contractor Wausau Supply Company, Farmington, Minnesota Master Installer John H. Hopkins, Buffalo, Minnesota Miscellaneous Street Use Pace Dairy Foods - Cancer Walk-A-Thon - November 2, 1997 (prior approvals obtained) C-4 Adopt Resolution No. 620-97 setting a public hearing at 7:00 P.M. on November 17, 1997 to revoke the On -Sale Exclusive Intoxicating Liquor License for Hinck's Lounge, Inc. DBA RochesCheer. C-5 I (See at end of C section) C-6 I Approve Accounts Payable in the amount of $2,104,111.35. C-7 Adopt Resolution No. 621-97 approving an amendment to the 1997 Hazardous Materials Team Contract budget in the amount of $60,000.00 C-8 I Accept the Bravo Guardens' donation of $20 to the Rochester Fire Department. C-9 I (See at end of C section) C-10 Adopt Resolution No. 622-97 approving Supplemental Agreement #1 in the amount of $29,387.50 for Project No. 9704 (J-9423) "Sanitary Sewer to Serve Rose Harbor 1st". C-11 Adopt Resolution No. 623-97 approving Supplemental Agreement #4 in the amount of $14,745.00 for Project No. 9703 (J-2561) "Basic Construction in Rochester Technology Park". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5104 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - November 3, 1997 Agenda Item C-5 C-9 D-1 Councilmember Stobaugh wanted to thank Jim Powers for his years of service on the Fire Civil Service Commission and the City Council and welcome Robert Maroo as the new commissioner. Councilmembers Stobaugh moved, Marcoux seconded, to approve Robert Maroo to the Fire Civil Service Commission for a three-year term running to April 2000. He fills the expired term of James Powers. Ayes (7), Nays (0). Motion carried. Councilmember McConnell wanted to thank Paul Myhrom, Honest Bike Shop, for the donation of a treadmill and stepper to the Rochester Fire Department. Councilmembers McConnell moved, Senjem seconded, to accept the donation from Paul Myhrom, Honest Bike Shop, of a treadmill demonstrator and stair stepper to the Rochester Fire Department. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Alan Kearney, Local 21 Representative, thanking labor leaders and other persons for attending the Council meeting to show their support for the right of Mariott workers to form a union. He encouraged Councilmembers to adopt the resolution supporting this right that was brought before the Council at the October 20, 1997 meeting. Wishing to be heard was Mary Rosenthal, State Director for the National AFL-CIO, urging Councilmembers to support the right of the workers to organize if they so choose. Wishing to be heard was Gene Dornack, Plumbers and Pipe Fitters Union Local #6. Mr. Dornack noted that there are workers in the private sector who are not allowed to support any union because of fear of loss of their jobs. He said that they should be allowed to do so without intimidation. Wishing to be heard was Ron ZonBroethorst, United Auto Workers Union. He noted that Crenlo has approximately 800 employees, 400 of whom are union. It is up to the employees if they wish to be members or not. President Hunziker spoke for the entire Council. He stated that this Council would remain neutral on the issue, as have Councils in the past, and focus their efforts on the direct responsibilities for services provided by the municipal organization and to avoid taking issues on enforcement or legislative matters which do not directly affect municipal operations activities. Alan Kearney asked for a roll call vote to affirm the Council's neutrality. Councilmembers Hruska moved, Evans seconded, to call a roll call vote to remain neutral on the matter. Upon roll call vote, Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh and President Hunziker all voted aye. Ayes (7), Nays (0). Motion carried. 1 D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson stated that he heard that "government belongs to those who show up". He noted RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regulla Meeting N0E �ERNoveMer53,T�97 510 5 Agenda Item that he has been coming to Council meetings for four years and this works in some cases and doesn't work in others. E-1 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 624-97 approving the "Safe Zone" sign policies and to thank the East Side Pioneers, and in particular Mike LePlante; and also to add to policy #1 and #2 the POPS Officer. Discussion. Mayor Canfield noted that through the use of remaining grant monies from his office, the 25 signs will be paid and the residents will not have to stand the costs. Councilmembers questioned whether these signs should be placed around all schools and parks in the future. - It was suggested that the Mayor's Advisory Committee look at future placement around schools and parks. Ayes (7), Nays (0). Motion carried. E-2 Hal Henderson, Architect for Healthco, provided information and drawings to the Council to explain the modifications in the plans for the Woolworth building. Healthco requests the City to contribute an additional $50,000.00 toward asbestos abatement which was substantially more than originally thought.. The City agreed to pay one-half of the cost up to $100,000. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 625-97 approving Amendment #1 to the Healthco Development Assistance Agreement. Ayes (7), Nays (0). Motion carried. E-3 I (Previously considered prior to B-1) E-4 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 626- 97 awarding an amateur boxing or sparring franchise to the Rochester Youth Boxing Club, Inc. for the period of November 3, 1997 to October 31, 1998 as the Club has held the franchise since 1955 and should continue it. Ayes (7), Nays (0). Motion carried. E-5 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 627-97 authorizing the hiring of an employee for the position of Manager of External Services at Rochester Public Utilities at a salary of $56,000. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 628-97 approving Annexation Petition #97-19 by Alpha Realty Corporation and Alton Shefelbine to initiate an amendment to the joint resolution for orderly annexation between the Town of Cascade and the City of Rochester for 35.48 acres of land in a part of the NE 1/4, Section 20 and a part of the SE 1/4, Section 17. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 629-97 and 630-97 establishing the project assessment rates and levying the proposed assessment for Project No. 9614 (J-9393) "Sanitary Sewer and RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5106 Regular Meeting No. 25 - November 3. 1997 Agenda Item E-8 E-9 E-10 E-11 E-12 E-13 E-14 F-2a Watermain Extension to Serve SE 1/4, SE 1/4 Section 19, Cascade Township (Mail Processing Center and Others)". Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 631- 97 accepting the feasibility report for Project No. 6110-92 (J-9215) 'Rehabilitate and Reconstruct 18th Avenue N.W. from 22nd Street N.W. to 37th Street N.W.". Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 632-97 accepting the feasibility report for Project No. 6200-E-97 (J-9406) "Reconstruct East Center Street from 11th Avenue to 15th Avenue". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 633-97 accepting the feasibility report for Project No. 6201-3-95 (J-9330) "Reconstruct 1st Street S.W. from 11th Avenue S.W. to 16th Avenue S.W.". Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 634- 97 accepting the feasibility report for Project No. 6217 1/2-2-97 (J-9450) "Rehabilitate with Concrete Curb and Gutter 900 Block of 17 1/2 Street S.E.". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 635-97 retaining McGhie and Betts for additional engineering services for Rochester Technology Park for development purposes at a cost of $4,480.00. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 636-97 authorizing the City Administration to review and accept or reject offers made in response to the notices of publicly offered vehicles. Ayes (7), Nays (0). Motion carried. Councilmember McConnell asked that the Council reconsider the vote taken on October 20, 1997 (Item E-5) on the False Alarm Ordinance. He stated that the members of the Rochester Police Department worked many hours to compile the ordinance and were disturbed when a private party was allowed to change it. Councilmembers McConnell moved, Hruska seconded, to reconsider the False Alarm Ordinance and leave it as developed by the Rochester Police Department without any additions or corrections. Upon roll call vote, Councilmembers Evans, Hruska and McConnell voted aye; Councilmembers Marcoux, Senjem, Stobaugh and President Hunziker voted nay. Ayes (3), Nays (4). Motion failed. An Ordinance Annexing to the City of Rochester Approximately .595 Acres of Land Located in the Northwest Quarter of the Southwest Quarter of Section 14, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (East of TH 52, South of 20th. Street S.W., Steven and Elizabeth Freese) 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Reg Ila Wfeeting IvoE25 - I�foveNer 30,T497 5107 Agenda Item An Ordinance Amending and Reenacting Subdivision 1 of Section 7.06 of the Home Rule Charter of the City of Rochester, Providing for the Annual Review of Elected Officials' Compensation By the Common Council, was given a first reading. F-3a An Ordinance Amending and Reenacting Subsection 10 of Section 62.278 of the Rochester Code of Ordinances, Relating to the Regulation of Bed and Breakfast Accessory Uses, was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-3b An Ordinance Annexing to the City of Rochester Approximately 4.66 Acres of Land Located in the Northeast Quarter of Section 15, Township 106 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (East of 18th Avenue Southwest, North of Pine Ridge Estates Second Subdivision and West of Pine Ridge Estates First Subdivision) F-4a Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 637-97 entering into a City -Owner Contract with All Pointe Development and Elcor Construction, Inc. for Project No. J-9459 "Basic Construction in South Pointe Third Subdivision". Ayes (7), Nays (0). Motion carried. F-4b Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 638-97 entering into a City -Owner Contract with Michael Younge Development, Inc. and Road Constructors, Inc. for Project No. J-9449 "Basic Construction in Lincolnshire North First Subdivision (Lots 1-5, Block 1, and Lots 1-24, Block 2)". Ayes (7), Nays (0). Motion carried. F-4c Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 639-97 entering into a City -Owner Contract with Cottage Homesteads of Rochester, Inc. and Fraser Construction, Inc. for Project No. J-9396 "Utilities of Serve Salem Meadows Phase I". Ayes (7), Nays (0). Motion carried. The City -Owner Contract had been previously approved on September 29, 1997 with Road Constructors, Inc. instead of Fraser Construction , Inc. Having no further business, Councilmembers Marcoux moved, Evans seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. e I e6 4zlj -Cify Clerk