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HomeMy WebLinkAbout02-18-19985184, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing Keystone Management, Inc. Mr. Arnold noted that they were in agreement with four of the five conditions. However, he stated that the part of Condition #1 dealing with the exclusion of hauling to the west from 40th Street S.W. should be removed. He noted that SJC Properties is allowed to haul to the west and Keystone Management should be afforded the same privileges and that Rochester Township will be constructing a building on 11th Avenue and will need to use 40th Street to haul their materials. Mike Nigbur, Public Works Department, noted that SJC will not be able to access 40th Street to the west as it is not considered a haul road and they are subject to approved truck routes only. Wishing to be heard was Mike Canfield, 3912 Willow Court S.W., objecting to the running of trucks during Saturdays. He noted that the mining operation is adjacent to a residential area. He felt that contractors should stockpile what they would need for the weekend; Mr. Canfield asked that the hours of operation be restricted to Monday through Friday. Wishing to be heard was Brad Nelson, 1105 40th Street S.W.. Mr. Nelson pointed out the steep hill on 40th Street makes it impossible for trucks to be able to stop quickly. He noted that there are many individuals who walk along the side of the road as well as many small children in the neighborhood who could be at risk from large trucks coming down the hill. Wishing to be heard was Jill Russell, 5900 11th Avenue S.W.. Ms.Russell was concerned about the aesthetic quality that was blighted by mining operations along the highway. She also expressed her concern about controlling water runoff from the operations. Wishing to be heard was John Arnold, Dunlap and Seeger. Mr. Arnold noted that it would not be Keystone's intent to run on Saturdays if possible but in a situation where a contractor needed the material, it would have to be delivered. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved to approve Restricted Development Final Plan #97-23 and Conditional Use Permit by Keystone Management, Inc. with Conditions #1 through #4 and revise Condition #5 to allow haul trucks to go west on 40th Street S.W. Motion died for lack of second. Councilmember Hruska moved to approve Restricted Development Final Plan #97-23 and Conditional Use Permit by Keystone Management, Inc. with Conditions #2 through #4 and amending Condition #1 to restricting the hours of operation from 7:00 A.M. to 5:00 P.M. Monday through Friday. Motion died for lack of second. 1 I. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY 'OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 - February 18, 1998 5185 Agenda Item Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 092-98 approving Restricted Development Final Plan #97-23 and Conditional Use Permit by Keystone Management, Inc. with Conditions #1 through #4 as recommended by the Planning Commission. Ayes (5), Nays (1). Motion carried; Councilmember Hruska voted nay. B-5 I A hearing on Final Plat #98-3 to be known as Diamond Ridge Eleven. Mike Nigbur, Public Works Department, stated that the three original conditions have been met but two additional conditions have been added. They are: The developer execute a drainage easement for the area lying directly north of the pond, and 2. Outlot A be dedicated to the City. Robert DeWitz, President of Western Walls, 604 11th Avenue N.W., stated that he had no concerns with the original three conditions or additional two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 093-98 approving Final Plat #98-3 to be known as Diamond Ridge Eleven with two conditions. Ayes (6), Nays (0). Motion carried. B-6 I A Hearing on Final Plat #96-26 to be known as Northview Subdivision. Councilmembers McConnell moved, Stobaugh seconded, to table the hearing on Final Plat #96-26 to be known as Northview Subdivision at the request of staff. Ayes (6), Nays (0). Motion carried. B-7 A Hearing on Annexation by Ordinance Petition #97-23 by Community Church and the Presbytery of the Twin Cities Area to annex land located along the north side of 55th Street N.W., west of 55th Street Estates Subdivision and east of Fairway Drive N.W. Wishing to be heard was Lyal Powell, 5423 Kenningston Lane N.W., available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Senjem seconded, to approve Annexation by Ordinance Petition #97-23 by Community Church and the Presbytery of the Twin Cities Area and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. 5186 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No_ 5 - FPhniary 1 A 1 AAA Agenda Item M B-9 A Hearing to Consider the Levying of Special Assessments for Project No. 2068 "Blighted Properties". Having no one wishing to be heard, President Hunziker closed the hearing. Jim Loehr, Public Works, noted that Olmsted County has paid and should be removed from the list of property owners. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 094-98 levying special assessments for Project No. 2068 'Blighted Properties", excluding Olmsted County. Ayes (6), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6206-4-98 (J-9468) "Storm Sewer and Concrete Curb & Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W." Wishing to be heard was Elmer Wetenkamp, 1418 14th Avenue N.W. Mr. Wetenkamp owns the property at 909 Sixth Street N.W. He was concerned about whether the sanitary sewer and watermain were included in the assessment. He also asked about street accessibility during construction. Richard Freese, Public Works Director, informed Mr. Wetenkamp that the only assessment he would receive was for street reconstruction, including curb and gutter, assessed at $40.00 per assessable foot, the current rate for commercial property. Mr. Freese also told Mr. Wetenkamp that the street would remain open to local traffic during construction but would contain construction excavation. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 095-98 approving Local Improvement Project No. 6206-4-98 (J-9468) "Storm Sewer and Concrete Curb & Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W.". Ayes (6), Nays (0). Motion carried. B-10 A Hearing to Consider the Levying of the Proposed Assessments for Project No. 6206-4-98 (J-9468) "Storm Sewer and Concrete Curb & Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 096-98 approving the levying of the proposed assessments for Project No. 6206- 4-98 (J-9468) "Storm Sewer and Concrete Curb & Gutter in 6th Street N.W. from Civic Center Drive N.W. to 11th Avenue N.W.". Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 51g7 Regular Adjourned Meeting No. 5 - February 18, 1998 Agenda Item B-11 A Hearing to Consider Local Improvement Project No. 6310 1/2-1-97 (J-9447) "Reconstruct Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue N.E.". Wishing to be heard was Mike Erickson, 507 11th Avenue N.E., inquiring about the possibility of putting in driveways and parking spots at the same time as the paving of the alley. Richard Freese, Public Works Director, informed Mr. Erickson that the driveways or parking spots would be his responsibility, should be put in prior to the paving of the alley and that they would work with him on the timing. Wishing to be heard was Don Walterman, 515 11th Avenue N.E. Mr. Walterman wanted to know how soon before the work would be completed. He noted that the rock that the City is putting on the alley is washing out; the holes are rather large and need to be continually repaired. Richard Freese stated that the project would probably be started in June or July and that the City would continue to maintain the alley until that time. Wishing to be heard was Darryl Sorum, 1007 Fifth Street N.E. Mr. Sorum was concerned that paving the alley would cause traffic to speed up. He noted that his wife is blind and there are young children that could also be hurt by increased and faster traffic. Councilmember Evans suggested a speed limit sign be placed in the alley. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 097-98 approving Local Improvement Project No. 6310 1/2-1-97 (J-9447) "Reconstruct. Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue N.E.". Ayes (6), Nays (0). Motion carried. B-12 A Hearing to Consider the Levying of the Proposed Assessments for Project No. 6310 1/2-1-97 (J-9447) 'Reconstruct Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue N.E.". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 098-98 approving the levying of the proposed assessments for Project No. 6310 1/2-1-97 (J-9447) 'Reconstruct Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue N.E.". Ayes (6), Nays (0). Motion carried. B-13 A Hearing on the Local Law Enforcement Block Grant Program. Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5188 Reg filar A 'ourned Meeting Nn_ s - Fahruary 1 R. 19QR Agenda Item C-1 - C-20 C-1 C-2 C-3 C-4 C-5 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 099-98 accepting the grant award of $42,517.00 for the Local Law Enforcement Block Grant Program and approval of the $4,724 local match. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, McConnell seconded, to approve the following consent agenda items. Approval of the minutes of the February 2nd, 1998 meeting. Adopt Resolution No. 100-98 approving the revocable permit for Wildflower for a canopy over the public sidewalk in front of the building located at 315 South Broadway. Approval of the following licenses and miscellaneous activities: Temporary Gambling - Raffles Rochester Civic Theatre - April 11, 1998 - request waiver of 30 day waiting period Trout Unlimited, Hiawatha Chapter - March 21, 1998 - Radisson Centerplace - request waiver of 30 day waiting period Annual Gambling - Premise Permit Moose Lodge #2128 - 915 21st Avenue S.E. Temporary On -Sale 3.2 Beer St. Pius X School Home & School Association - March 14, 1998 Master Plumber License Craig S. Pumper DBA Century Mechanical, Inc., Northfield Sewer and Drain License Richard F. Lorentz DBA Rochester Construction Company, Inc. Miscellaneous Street Use Alzheimers Association Walk-A-Thon - September 12, 1998 - Silver Lake Area Transfer of On -Sale 3.2 Beer License From GWB Enterprises, Inc. DBA Waldo's Pizza at 1726 37th Street N.W. to Michael A. Ebler, Rochester DBA A & B Enterprises, Inc. Approval of the transfer of the On -Sale Intoxicating Liquor License for Mr. Bowser's at 530 11th Avenue N.W. from Jack Prow to Michael J. Tupa, St. Louis Park, Minnesota to be known as The Riptide Bar and Grill. Approval of the transfer of location for the On -Sale Intoxicating Liquor License for the Canadian Restaurant from 1239 Second Street S.W. to 1201 Second Street S.W. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 5 - February 18, 1998 518 9 Agenda Item C-6 Instruct the City Attorney to prepare the required ordinance amendment to correct an erroneous legal description in the heading of Ordinance No. 3095. C-7 I Approve Accounts Payable in the amount of $1,425,215.27. C-8 Adopt Resolution No. 101-98 calling for a public hearing on March 16, 1998 to consider the issuance of tax-exempt revenue bonds on behalf of Mayo Foundation. C-9 Adopt Resolution No. 102-98 adding the firm of Morgan, Stanley, Dean Witter, Discover & Company to firms approved to provide investment products approved under Minnesota State Statute, Chapter 118A and the City's adopted investment policy. Adopt Resolution No. 103-98 amending the name of Dain Bosworth to Dain Rauscher on the official list of approved brokerage firms. C-10 Adopt Resolution No. 104-98 authorizing the City Clerk to advertise for bids on March 5, 1998 at 11:00 A.M. for the purchase of one (1) Multi -Purpose Shallow Depth Exploration Drill for the Public Works Department. C-11 Adopt Resolution No. 105-98 authorizing the City Clerk to advertise for bids on March 5, 1998 at 11:00 A.M.for the 1998 Season Supply of Cutback Asphalt RC- 800 and Asphalt Emulsion CRS-2 (Cationic). C-12 Adopt Resolution No. 106-98 authorizing the City Clerk to advertise for bids on March 5, 1998 at 11:00 A.M. for the 1998 Season Supply of Washed Sand, Gravel, Crushed Rock and Pea Gravel. C-13 Adopt Resolution No. 107-98 authorizing the City Clerk to advertise for bids on March 5, 1998 at 11:00 A.M. for the 1998 Season Supply of Plant Mixed Bituminous Mixtures. C-14 Approve the appointment of Bryce Prow to the Housing Board of Appeals to fill the expired term of David Busch. The first two year term will run to April 1, 2000. C-15 Approve the appointment of Naomi Geller Lipsky to the Library Board to fill the unexpired term of Eric Fosdick. The term will run to January 1999. C-16 Confirm the appointment of Paul R. Wilson to the position of Police Officer effective March 2, 1998. C-17 Confirm the appointment of Craig P. Anderson and Bert A. Otto to the position of Police Officer effective March 2, 1998. C-18 Confirm the appointment of William A. Thornburg to the position of Police Officer effective March 2, 1998. C-19 Adopt Resolution No. 108-98 approving the submission of grant applications by RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5190 Regijlar A 'nu�riMPPting Nn 5 - EebRla_y 18, 199R Agenda Item C-20 D-1 D-1 D-1 E-1 E-2 E-3 E-4 E-5 the Park and Recreation Department from the Department of Natural Resources for (1) Restroom facility at the Silver Lake Adventure Playground and (2) Land acquisition adjacent to Quarry Hill Park. Adopt Resolution No. 109-98 authorizing the City Clerk to advertise for bids for Underground Storage Tank Removal at the Water Reclamation Plant. Ayes (6), Nays (0). Motion carried. Wishing to be heard was Barbara Graham, 1509 16th Avenue N.W. Ms. Graham told the Council about her difficulties in trying to get a criminal action removed as a result of miscommunication and paperwork after she had returned a dog to Animal Control. Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson told the Council of his disappointment in the failure to lower the City's budget for the 1998 year and gave the Council a -7.02 rating. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 110-98 referring a petition for local improvement for an extension of watermain to the Airport Industrial Park on 10th Avenue S.W. to the Public Works Department for a feasibility study. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 111-98 authorizing the 1998 wages and benefits for the City's Department Heads. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to approve a change in the policy for removal of "snow birds" from the City streets. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to not terminate the Development Assistance Agreement with Roch, LLC for the redevelopment of the old City Hall building. Aye (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to deny the appropriation of funds for costs associated with the designation of the "Laura Ingalls Wilder" Historic Highway. Discussion. Councilmembers felt the cost of the signs far exceeded what a normal cost of a sign should be. Councilmember Senjem felt that it would be a tourist attraction that would bring people to the City and especially the Historical Center area. Ayes (4) , Nays (2). Motion carried. Councilmember Senjem and President Hunziker voted nay. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 112-98 awarding the bid for one (1) all -wheel drive high speed snow plow truck for the Rochester International Airport to MacQueen Equipment for $247,492.16. [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . ICITY OF ROCHESTER, MINNESOTA 5191 Regular Adjourned Meeting No. 5 - February 18, 1998 Agenda Item Ayes (6), Nays (0). Motion carried. E-6 Councilmembers Hruska moved, McConnell seconded, to approve the recommended changes in R.C.O. 112.01 Door -to -Door Salespersons and instruct the City Attorney to prepare the required ordinance for adoption. Discussion. Councilmember Senjem stated that local non-profit organizations and for -profit individuals or groups should also have to abide by the ordinance requirements. Ayes (6), Nays (0). Motion carried. E-7 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 113-98 closing completed tax increment projects and authorizing the necessary fund transfers pursuant to the City Charter, Section 11.10. Ayes (6), Nays (0). Motion carried. E-8 Councilmembers McConnell moved, Stobaugh seconded, to approve the co-, sponsorship of an application for funding from the Legislative Commission on Minnesota Resources (LCMR) for a study of the Rochester flock of Giant Canada Geese. Ayes (5), Nays (1). Motion carried. Councilmember Senjem voted nay. E-9 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 114-98 accepting Olmsted County as the fiscal agent for the Statewide Criminal Gang Strike Force grant. Ayes (6), Nays (0). Motion carried. E-10 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 115-98 supporting $34 million in State Bridge Bonding for the replacement of deficient local off -system (non -trunk highway) bridges and instruct the City Clerk to send copies of the resolution to the Rochester area State Representatives and Senators. Discussion. It was noted by President Hunziker that one of the bridges for consideration is the Mayowood Bridge. This particular bridge is to be kept as it is presently configured and the size of the lake is not to be altered. Ayes (6), Nays (0). Motion carried. E-11 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 116-98 entering into an assessment agreement with Western Walls, Inc. for Projects J-8251 "CCM High Level Water Tower" and J-8619 "Trunkline Sanitary Sewer Along South Side of TH 14 West". Ayes (6), Nays (0). Motion carried. E-12 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 117-98 amending sections of Chapter "K" of the Comprehensive Traffic and Parking Resolution Book for the establishment of Lots, Hours and Rates. Ayes (6), Nays (0). Motion carried E-13 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 118-98 adding paragraph 170.3 of section B "No Parking Zones" to read: 519-2 RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular A 'ourned Meeting No_ 5 - February 18, 1 PAR Agenda Item (170.3) 9th Street N.E. on south side of the street from 11th Avenue to 12th Avenue, from November 1st to April 30th, between the hours of 10:00 P.M. until 6:00 P.M. Ayes (6), Nays (0). Motion carried. E-14 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 119-98 entering into a professional services agreement with Rust Engineering and Environmental for landfill closure engineering services and with Triad Engineering for lagoon treatability/feasibility study and a pilot program with Minnesota Valley Testing Laboratory for environmental monitoring analysis. Ayes (6), Nays (0). Motion carried. E-15 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 120-98 approving the filing of a grant application with the Department of Corrections for a domestic abuse prosecutor for one year and to approve the payment of $7,385 from the Contingency Fund Account to be used as the City's source of matching funds. Ayes (6), Nays (0). Motion carried. F-2a An Ordinance Annexing to the City of Rochester Approximately 5.06 Acres of Land Located in a Part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 9 and the Southeast Quarter of the Southeast Quarter of Section 8, Cascade Township, Olmsted County, Minnesota, was given a first reading. (North side of 55th Street N.W., West of 55th Street Estates Subdivision, East of Fairway Drive N.W. - Community Church and Presbytery of the Twin Cities area) F-2b An Ordinance Amending the Provisions of Ordinance No. 3095 Which Provided for the Annexation to the City of Rochester for a Portion of the South Half of the Northeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. F-2c An Ordinance Amending and Reenacting Sections 112.01, 112.03, 112.04, 112.05, and 112.06 of the Rochester Code of Ordinances, Relating to the Registration Requirements for Door -to -Door Salespersons and Solicitors, was given a first reading. F-3a An Ordinance Amending and Reenacting Section 116.01 of the Rochester Code of Ordinances, Relating to the Bonding Requirements for Outdoor Advertising Sign Installers, was given a second reading. Councilmembers McConnell moved, Hruska seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-3b An Ordinance Repealing Ordinance Numbers 3214 and 3116, Relating to the Annexations of Hartman Farms Annexation and Rochester Technology Park Annexation, Respectively, was given a second reading. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5193 Regular Adjourned Meeting No. 5 - February 18, 1998 Agenda Item F-3c An Ordinance Creating Section 66.104 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Issuance of Permits for Mining or Extraction Activities Within the City, was given a second reading. Councilmembers Stobaugh moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. G-1 Councilmembers McConnell moved, Hruska seconded, to remove from the table the Firepup Program. Ayes (6), Nays (0). Motion carried. Terry Spaeth, City Administration, noted that a representative of the National Fire Safety Council organization would be soliciting funds; no City staff would be involved. Councilmember Senjem was concerned with a regulatory agency asking for donations from those that they regulate; he felt that a conflict of interest was very apparent in this regard. Lyle Felsch, Fire Department, noted that the Fire Department has a history of getting funds from various organizations and businesses. Many organizations would like to donate to a 501(c)(3) non-profit organization to be able to use the tax benefits. Mr. Felsch noted that the program would allow fire safety materials to be placed in the elementary schools. Councilmember Marcoux arrived at 9:15 P.M. Councilmembers Evans moved, Hruska seconded, to approve the Firepup Program sponsored by the National Fire Safety Council. Ayes (5), Nays (2). Motion carried. Councilmembers Senjem and Stobaugh voted nay. G-2 Councilmembers Evans moved, Stobaugh seconded, to remove from the table the local improvement Project No. 9805 (J-9473) "Extension of Sanitary Sewer and Watermain in the East Circle Drive N.E. Right of Way from 200 Feet West of Alberta Drive N.E. to 16th Avenue N.E. and in 16th Avenue N.E. from East Circle Drive to 35th Street N.E.". Ayes (7), Nays (0). Motion carried. The Public Works Department recommended that the project be revised as Project No. 9805 (J-9473) "Extension of Sanitary Sewer and Watermain in East Circle Drive N.E. from 200 Feet West of Alberta Drive N.E. to Alberta Drive". This change would allow the petitioner to place sewer and water lines in an existing easement along the City Limit Line. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 121-98 ordering Project No. 9805 (J-9473) "Extension of Sanitary Sewer -and Watermain in East Circle Drive N.E. from 200 Feet West of Alberta Drive N.E. to Alberta Drive" to be made and Resolution No. 122-98 entering into an assessment agreement with the property owner on 16th Avenue N.E. who wishes to connect sewer and water with the City. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5194 Regular A ' umeci Meeting No 5 - February 18, 1998 Agenda Item G-3 The Findings of Fact for the Land Use Plan Amending #97-5 and Zone Change #97-16 for Thede and Nelson was left on the table until the March 2, 1998 meeting. Having no further business, Councilmembers Evans moved, Hruska seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ity Clerk 1