HomeMy WebLinkAbout07-20-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5302 CITY OF ROCHESTER, MINNESOTA
RPntllar Meetinn Nn 18 — .lid 90, 1998
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President John Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Mack Evans, Marcia Marcoux, Jean
McConnell, David Senjem, Walter Stobaugh. Absent: Councilmember Ed Hruska.
Mayor Canfield complemented the Public Works Department on the door-to-door
brochures that they are sending to residents in areas where local improvement
projects will affect them. The brochures answer questions the residents may have
about the project, the costs, who to contact, timelines, safety information, etc.
A Hearing on Residential Parking Permit No. 7 — Cummings Addition.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No.
423-98 adding Paragraph 7 to Section L "Residential Permit Parking" of the
Comprehensive Traffic and Parking Resolution Book, to read:
1) Second Street N.W., on the north side from Fifth Avenue to one-half
block west of Fifth Avenue.
2) Third Street N.W., on the north side from Fourth Avenue to Sixth
Avenue.
3) .Fourth Avenue N.W., on the west side from Second Street to Fourth
Street.
4) Fifth Avenue N.W., on both sides from Second Street to Fourth
Street.
Ayes (6), Nays (0). Motion carried.
A Hearing on Type II, Phase III Restricted Developmental Final Site Plan #97-25 by
Western Digital for Development of Facility to be Used Primarily for Research and
Development With the Potential for Manufacturing in the Future on Land Located
Along the East Side of West Circle Drive, West of Douglas Trail and North of 41st
Street N.W.
Wishing to be heard was Josh Rownd, Setter, Leach & Lidstrom, serving as Project
Manager. Mr. Rownd noted that there were no objections to the 11 conditions and
that the landscape plan was already in the revision stage. He also stated that the
height of the lighting has been reduced from 38 feet to 30 feet. Mr. Rownd noted
his approval of the change for condition #7 suggested by the Planning Department.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Brent Svenby noted that condition #7 has been revised to read: "The applicant
coordinates with the Public Works Department on the access design and locations
to 41st Street N.W."
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Councilmembers McConnell moved, Stobaugh seconded, to approve Type II,
Phase III Restricted Developmental Final Site Plan #97-25 by Western Digital with
eleven conditions. Discussion.
Councilmember Senjem questioned the need for condition #10 dealing with the
color of the structure. He stated that a company with the integrity of Western Digital
should not have to be checked on the color of their building; they would pick a color
scheme that would blend with the surroundings.
Councilmember Senjem moved, Evans seconded, to amend the original motion and
delete condition #10. Ayes (6), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
424-98 approving Type II, Phase III Restricted Developmental Final Site Plan #97-
25 by Western Digital with conditions #1 through #9 and #11. Ayes (6), Nays (0).
Motion carried.
B-3 A Hearing on Final Plat #98-20 by GAC WD Development LLC to be known as
Western Digital Technology Park Located Along the East Side of West Circle Drive,
North of 41 st Street N.W. and South and West of the Douglas Trail.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that conditions #1 and #2 have been satisfied and #3 and #4
accepted. Condition #5 has been revised as per the Planning Department to read:
"The applicant coordinates with the Public Works Department on the access design
and location to 41st Street N.W." Condition #6 has been added: "Issues related to
the utility easement to be located along the west side of Lot 1 be resolved prior to
the recording of the plat. RPU and the property owners must agree to the
easement location and any condition of dedication." Mr. Tointon noted that they
were in agreement with the sixth condition.
Having no one further wishing to be heard, Councilmembers Evans moved,
Stobaugh seconded, to adopt Resolution #425-98 approving Final Plat #98-20 by
GAC WD Development LLC to be known as Western Digital Technology Park with
four conditions. Ayes (6), Nays (0). Motion carried.
B-4 A Hearing on Final Plat #96-28 by Hans Peters, Incorporated to be known as Tyrol
Hills First Subdivision Located Along the East Side of TH 63, South of Machinery
Hill Subdivision, and North of Woodbine Road S.E.
Staff has requested that this item be continued until the August 3, 1998 meeting.
Wishing to be heard was Wade DuMond, Yaggy-Colby, noting that the applicant
was in agreement with continuing the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to continue the hearing for
Final Plat #96-28 by Hans Peters, Incorporated to be known as Tyrol Hills First
Subdivision to August 3, 1998. Ayes (6), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5304 CITY OF ROCHESTER, MINNESOTA
Reallar Meetina No 18 — JuIT20, 1998
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A Hearing on Type III, Phase I, Final Plat #98-15 by North American Realty,
Incorporated to be known as Essex Estates Located East of Essex Parkway N.W.,
South of Londonderry Drive N.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
He noted that condition #1 is agreeable and condition #2 has already been
satisfied.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 426-98
approving Final Plat #98-15 by North American Realty, Incorporated to be known
as Essex Estates with one condition. Ayes (6), Nays (0). Motion carried.
A Hearing on the Proposed Assessment for Local Improvement Project No. 6207-4-
96A (J-9363) "Reconstruct 7th Street N.W. from 400 Feet West of 43`d Avenue N.W.
to the West Line of Manor Woods 80' Subdivision".
Wishing to be heard was Bob DeWitz, President of Western Walls. Mr. DeWitt
stated that there needs to be a subdrain included in the project because of the 7th
Street runoff. He also inquired as to the high cost of the service connections.
Richard Freese, Public Works, stated that the costs are estimates but that actual
costs will be assessed after the bids are awarded. He noted that they will need to
look into the subdrain issue.
Wishing to be heard was Ed Currence, 4616 Eighth Street N.W. Mr. Currence is
concerned that the pit adjacent to his property will become a "wet" pit rather than
dry as it now is. He also asked about the height of 7th Street as drainage onto his
property may become a problem if the street is too high.
Mike Nigbur, Public Works, stated that the pit will be a "wet' pit due to State
requirements. The elevation of 7th Street should not be a problem for Mr. Currence
as it will drain before the water reaches his property.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Richard Freese noted the reduction of assessments in the amount of $1,082.20 for
the Straka property. Their assessment total will be $2,880.00.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 427-
98 levying the proposed assessments for Local Improvement Project No. 6207-4-
96A (J-9363) "Reconstruct 7th Street N.W. from 400 Feet West of 43`d Avenue N.W.
to the West Line of Manor Woods 8th Subdivision" in an "adopted" status and to
lower the assessments by $1,082.20 for the Straka property. Ayes (6), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5305
Regular Meeting No. 18 — July 20, 1998
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B-7 A Continued Hearing on Type III, Phase I, Final Plat #98-18 by Western Walls, Inc.
to be known as Diamond Ridge Fourteen Subdivision Located Along the North Side
of 7th Street N.W., and Both East and West of 46th Avenue N.W.
Staff recommended that the item be continued to the August 3, 1998 meeting to
allow time for a grading plan to be approved.
Wishing to be heard was Mike Strausbauch, 4404 Eighth Street N.W. Mr.
Strausbauch is concerned about the springs from the hills and noted that the
proposed lots 11 and 12 are under water a good share of the time.
Councilmember Evans moved, McConnell seconded, to continue the hearing on
approval of Type III, Phase I, Final Plat #98-18 by Western Walls, Inc. to be known
as Diamond Ridge Fourteen Subdivision on August 3, 1998. Ayes (6), Nays (0).
Motion carried.
B-8 A Hearing on Appeal #98-3 by Tri-State Outdoor Media Group, Inc. of a Board of
Appeals Decision to Approve Appeal #98-1 by DeLite Outdoor Advertising
Company.
Terry Adkins, City Attorney, announced that former City Attorney of Shakopee,
Karen Marty, would be acting as a Special Assistant City Attorney and be
representing the City of Rochester during the hearing. Mr. Adkins explained that a
member of his staff, Tom Canan, has been involved in the presentation of this case
to the Board of Appeals. Therefore, it is not appropriate for him (Adkins) advise the
City Council on this matter.
Wishing to be heard was Walter Duffy, from the law firm of Faegre & Benson,
representing Tri-State Outdoor Media Group in response to the Board of Appeals
decision to allow DeLite Outdoor Advertising to erect a sign on a site previously
leased by Tri-State. He stated that the ordinance is clear that a sign is not
permitted due to the fact that the Kolb site is located 250 feet from a residential
district. He asked the Council to reverse the decision of the Zoning Board of
Appeals.
In an answer from a question posed by Councilmember Senjem, Raymond Kosis
from Tri-State Advertising, explained the site location known as the Kolb property
as the original property and the site known as the Railroad Site as the site that is
being sought by DeLite Advertising as an alternate to the Kolb property.
Wishing to be heard was Ken Moen, Dunlap and Seeger Law Office, representing
DeLite Advertising, Mr. Moen asked for clarification on whether the lease that was
faxed to him by Mr. Kosis was adjacent to the Kolb property in question or the
Railroad site. Mr. Moen noted that it would help him in determining whether or not
Tri-State is an affected party.
John Hartford, Planning Department, determined that Tri-State was an affected
party because they did receive notice of both sites and because they had
applications in 1997 for both of the sites.
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Wishing to be heard was Bill Kolb, 3440 18t' Avenue N.W., one of the owners of the
property. There was a sign in place at the time of the moratorium which is why the
application by Tri-State for a sign on the Railroad property was rejected because
there could not be a sign in both places. Tri-State was their former sign company.
He did not feel that they now have the right to place the adjacent sign.
Wishing to be heard was Ken Moen, Dunlap and Seeger, representing DeLite
Advertising. He stated that the ordinance language is clearly in favor of DeLite.
DeLite has one of the sites that was subject to appeal at the time of the moratorium.
He quoted from the ordinance "Notwithstanding any provision of this section to the
contrary, ..except... that for those signs that have a minimum distance of 500 feet to
another advertising sign on the same side of the street may be replaced, relocated
or rebuilt upon the same zoning lot.." There is nothing in the ordinance that
prohibits the rebuilding or replacing on Mr. Kolb's lot by DeLite. The decision of the
Board of Appeals should be upheld.
Tom Canan, Assistant City Attorney, gave the opinion of the City Attorney's Office
as to the interpretation of the ordinance. The amendment submitted by Mr. Moen
came at the initiation of DeLite. Since they drafted the amendment, any
ambiguities have to go against them and in favor of those that did not do the
drafting. A copy of an amendment to the ordinance was personally received by Tom
Canan from Mr. Moen prior to the January meeting which has a line crossed off at
the very end which says..."and all of the spacing requirements of this ordinance
shall not apply." If this language had ended up in the final version, it might have
supported Mr. Moen's argument. However, the language was crossed off with the
agreement of both parties as not being necessary. At the January meeting, the
discussion started with the two DeLite sites under appeal. The discussion changed
later in the evening. It has been suggested that the amendment was only broad
enough to cover the two sites under appeal but it became not that narrowly drawn
by the end of the discussion. At that point there were three councilmembers who
agreed that it applied to all signs that relied on the 500-foot spacing. Dave
Patterson asked if the new ordinance would allow bigger billboards or billboards
with more faces. Mr. Moen stated "under the non -conforming use provision they
would have to comply with all other aspects of the sign ordinance. When an old
sign comes down and when a new one goes up, it has to conform with the
ordinance in all other aspects." Mr. Patterson asked the Council if a new sign does
not meet the 250 foot residential setback requirement, does that mean that it
doesn't qualify to be built". Mr. Canan said there was no response. Mr. Canan
summarized with two points: If the 250 feet applies to all signs in the City, where
are the other sign owners that would be adversely affected by it. Also, even DeLite
wasn't completely adversely affected by it. One sign was affected but the other
was more than 250 feet from a residential district. It was Mr. Canan's interpretation
that DeLite simply made an error in not realizing that the 250-foot setback
requirement was going to apply to them. He asked that the Council find that the
250-foot setback requirement for DeLite does apply in this case.
Wishing to be heard was Paul Rademacher, DeLite Advertising. He stated that
what the Council had decided on was a cap and replace ordinance. He further
stated that the.ordinance said that the owners and sign companies had the right to
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5307
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Regular Meeting No. 18 — July 20, 1998
replace existing signs as long as the sign location conformed to the 1992
ordinance; i.e., if the sign was 500 feet from another sign, it could be replaced. The
Board of Appeals agreed that landowners have a right to place signs on their
property.
President Hunziker stated that he thought that people had to live with the new
ordinance provisions whether they were existing or not. Mitzi Baker, Planning
Department, stated that it was her understanding that all of the separation
requirements, except the 500 feet, applied to those two sign locations.
Councilmember Marcoux asked the Special Assistant City Attorney if her
interpretation of the word "section" in the ordinance means just section 60.509
rather than the entire ordinance. Attorney Marty answered yes.
There were questions about who received the sign credit if the sign was removed.
John Hartford, Planning Department, noted that Tri-State receives the credit for the
signs, one each on the east and west sides of the highway rather than the
landowner.
Wishing to be heard was Bill Kolb, 3440 18th Avenue N.W. Mr. Kolb stated that at
the time the moratorium went in place it was ruled that there was a sign on their
property. At the time the ordinance went into place, the sign had been removed.
When reference is made for special consideration to two sites that is incorrect. We
should be considered as any other sign location that had a sign when the
moratorium went in place. Mr. Kolb said that they had a sign and want a sign with a
long-term lease. The sign credit has never been resolved throughout the entire
process.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Special Assistant City Attorney Marty recommended that she prepare Findings of
Fact, Conclusions of Law, and Order for the Council to consider. The two issues
involved are: Whether Tri-State had the right to appeal and whether the sign is
acceptable closer than 250 feet to a residential district.
Discussion. Councilmembers were concerned about operative words in the
ordinance such as "except' and "notwithstanding" and asked for clarification from
the Special Assistant City Attorney.
Councilmembers Marcoux moved, Stobaugh seconded, to reject the Board of
Appeals decision and instruct the Special Assistant City Attorney to prepare
Findings of Fact, Conclusions of Law and Order. Ayes (4,, Nays (2). Motion
carried. Councilmembers Evans and Senjem voted nay.
B-9 A Hearing on Appeal #98-2 by Tri-State Outdoor Media Group, Inc. of a Board of
Appeals Decision to Approve a Variance #98-5 to the Height Limitation for
Advertising Signs.
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- CITY OF ROCHESTER, MINNESOTA
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Wishing to be heard was Walter Duffy, Jr. , Faegre & Benson, representing Tri-
State Outdoor Advertising Company. Mr. Duffy noted that Tri-State is withdrawing
their appeal at this time. He also noted that a letter will be sent to the Mayor
objecting to the process which they had to go through to appeal.
Councilmembers Evans moved, Senjem seconded, to accept the withdrawal of the
appeal by Tri-State on a Decision of a Variance Request by DeLite and drop the
matter. Ayes (6), Nays (0). Motion carried.
A Hearing on the Proposal That the City Enlarge Development District No. 7 and
Amend the TIF Plan for the Development District (Rochester Technology Park).
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 428-
98 approving the Enlargement of Development District No. 7 and Amending the TIF
Plan for TIF District #7-1 (Rochester Technology Park). Ayes (6), Nays (0). Motion
carried.
Councilmembers Evans moved, Stobaugh seconded, to approve the following
consent agenda items:
Approval of the minutes of the July 6 and July 13, 1998 minutes.
Adopt Resolution No. 429-98 approving the name for the service road at the
Rochester International Airport serving the air cargo/industrial area as "Air
Commerce Drive".
Adopt Resolution No. 430-98 approving Change Order #1 for Phase 2 of the Air
Cargo Ramp project (J-6938) in the amount of $215,151.22.
Adopt Resolution No. 431-98 approving the execution of a Lease Agreement with
Aerodrome Group, Inc. for 400 square fee of additional office space at the
Rochester International Airport.
C-5 I Approve the following licenses and bonds:
On -Sale 3.2 Beer — Temporary
Downtown Business Association - Blues Festival — August 15, 1998
St. Anargyroi Greek Orthodox Church — Greek Festival at Silver Lake Park —
August 23, 1998
Gambling — Temporary
Community Youth Mentorship — Raffle — September 21, 1998
Gamblinq — Annual
Multiple Sclerosis Society — at the Wright Stuff Restaurant
Heating Contractor
Phillip L. Grunewald DBA Allman & Associates, Rochester
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CITY OF ROCHESTER, MINNESOTA 5309
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Regular Meeting No. 18 — July 20, 1998
Sign Installer
Metro Sign Services, Maple Grove
Ace Signs of Albert Lea, Albert Lea
Amplified Sound
Rochester Civic Music/Honest Paul's Bike Shop — Bike Auction with Rock
Band — August 8, 1998
Wachira & Sheena Loth — Birthday/Block Party — (prior approvals from
Evans, Hunziker, McConnell and Marcoux)
Miscellaneous Street Use
LaLeche League of Rochester - Group Walk — August 8, 1998
John Marshall High School — Annual Homecoming Parade — October 2,
1998
C-6 Adopt Resolution No. 432-98 approving 3.2 beer sales, street closure, dance and
sound amplificaiton permits for the 1998 Rochesterfest Street Dance to be held on
August 22, 1998 along First Street S.E.
C-7 Approve a Sound Amplification Permit for the Tug -of -War Championships at the
Olmsted County Fairground on September 3-6, 1998.
C-8 Approve Accounts Payable in the amount of $1,230,615.60.
C-9 Adopt Resolution No. 433-98 approving the transfer of unexpended balances of
permanent improvements projects in the 301 Projects (fund).
C-10 I Confirm the appointment of Scott Tulius to the position of Sergeant in the
Rochester Police Department effective July 20, 1998.
C-11 I Approve the appointment of Don Paulson to the Rochester Civic Music Board for a
three year term ending January 2001.
C-12 I Approve the appointment of Richard E. Hall to the Library Board to fill the unexpired
term of Christoper O'Neill running to January 1999.
C-13 Approve the appointment of Robert M. Moore, Jr. to the Police Civic Service
Commission to fill the expired term of Arnold Hill running to April 2001.
C-14 Adopt Resolution 434-98 authorizing a medical leave of absence without pay for
Paula Larson, Library Associate I from July 10, 1998 to April 16, 1999.
C-15 Approve the amendment to Section 112.03, Subd. (4), 112.05, 112.06, Subd. (4)
and 112.13 of the Rochester Code of Ordinances relating to issuance of door-to-
door salesperson permits.
C-16 I Adopt Resolution No. 435-98 authorizing the Rochester Police Department to enter
into a State of Minnesota Operation NightCAP Grant.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5 Regular Meeting No 18—JuIT20, 1998
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Adopt Resolution No. 436-98 authorizing staff to develop and execute a Storm
Water Management Agreement for a parking lot expansion at 1 st Avenue and 9'/z
Street S.E. for the Olmsted Medical Center in the estimate amount of $2,157.00.
Adopt Resolution No. 437-98 authorizing staff to develop and execute a Storm
Water Management Agreement with the owners of a 3.84 acre portion of Manor
Woods 10th in the estimated amount of $7,111.00.
Adopt Resolution No. 438-98 authorizing staff to advertise for bids for Project No. J-
2710 "Extend Technology Drive N.W. to West Circle Drive" and acquire the needed
right of way for this project.
Adopt Resolution No. 439-98 authorizing payment of Supplemental Agreement #1
for Project No. 6303-3-95 (J-9328) "Reconstruction of 6' Avenue S.W. from 2nd
Street S.W. to 6th Street S.W."
Councilmember Senjem inquired about the timing for use of the sales tax monies to
be used for sewer/water quality projects. He wanted to know at what point we can
start using the money and if there is a criteria established for use in versus out of
the City.
Councilmembers Senjem moved, Evans seconded, to adopt the Findings of Fact,
Conclusions of Law, and Order to approve the Wetland Impact and Replacement
by Franklin Koftschade for B & F Properties. Ayes (3), Nays (3). Motion failed due
to the lack of a majority vote. Councilmembers Marcoux, Stobaugh and President
Hunziker voted nay.
Councilmembers Senjem moved, Evans seconded, to table the approval for the
Wetland Impact and Replacement by Franklin Kottschade for B & F Properties to
August 3, 1998. Ayes (6), Nays (0). Motion carried.
Staff reported that an agreement had been reached on the Disorderly Use Property
Violation at 1526 10th Street S.E.
Councilmembers Senjem moved, Stobaugh seconded, to not schedule a public
hearing for the property at 1526 10th Street S.E. Ayes (6), Nays (0). Motion
carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
440-98 entering into a revised lease agreement, construction grant agreement and
disbursement agreement for the National Volleyball Center. Ayes (6), Nays (0).
Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 441-98
approving the Wetland Delineation and Replacement Plan prepared by Allen and
Jean Larson to replace wetlands filled along Cascade Creek south of Seventh
Street N.W. Ayes (6), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, 'MINNESOTA 53�1
Regular Meeting No. 18 — July 20, 1998
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 442-
98 entering into an amendment of the Cascade Township Orderly Annexation
Agreement to annex to the City 159.94 acres of land located south of 65th Street
N.W., west of Highway 52 and north of 55th Street Estates Subdivision in Cascade
Township. Ayes (6), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to approve Diagonal
parking on 1 st Avenue N.W. from Center Street to Civic Center Drive. Discussion.
Councilmember Senjem asked if the Mayo Clinic had been notified about the
proposed change in parking. He felt that cars diagonally parking would obstruct the
view of persons exiting the Methodist Ramp.
Councilmembers Senjem moved, McConnell seconded, to table the issue to the
August 3, 1998 meeting. Ayes (6), Nays (0). Motion carried.
An Ordinance Amending Sections 112.03, 112.05, subd. (4) of Section 112.06 and
Section 112.13 of the Rochester Code of Ordinances Relating to Issuance of Door -
to -Door Salesperson Permits was given a first reading.
An Ordinance Rezoning Certain Property From the M-1 District to the M-2 District
and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a second
reading. Councilmembers Senjem moved, Evans seconded, to adopt the
Ordinance as read. Ayes (6), Nays (0). Motion carried. (South of Valleyhigh Drive
N.W., East of West Circle Drive — Mac Hamilton Property)
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
442A-98 entering into an Owner Contract with Stelley Ice and Rochester
Construction Company, Inc. for Project No. J-9489 "Watermain to Serve Stelley Ice
and Mini Storage". Ayes (6), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 443-
98 entering into an Owner Contract with Frank Kottschade and Road Constructors,
Inc. for Project No. J-9210 "Basic Construction in Pinewood Manor Subdivision".
Ayes (6), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
444-98 entering into an Owner Contract with Schaeffer Academy and Elcor
Construction for Project No. J-9496 "Basic Construction in Providence Subdivision,
Schaeffer Lane N.E.". Ayes (6), Nays (0). Motion carried.
F-4d Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 445-
98 entering into an Owner Contract with GAC WD Development LLC and
Rochester Sand and Gravel for Project No. J-9504 "Watermain to Serve Western
Digital'.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5312 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No 18 — July 90, 1998
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Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 446-
98 entering into an owner contract with Shorewood Senior Housing Limited
Partnership; P&H Properties, Inc. and Fraser Construction for Project No. J-9506
"Storm Sewer and Watermain to Serve Parkshore Place Subdivision". Ayes (6),
Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
447-98 entering into an owner contract with Mayo Foundation and Fraser
Construction for Project No. J-9497 "Relocation of Watermain and Storm Sewer,
Construction of Temporary Roadway, and Proposed New Alignment of 1st Street
S.W. Between 3`d Avenue and 4tn Avenue S.W." Ayes (6), Nays (0). Motion
carried.
Councilmembers Senjem moved, Stobaugh seconded, to remove from the table the
Review of Previously Approved Low Income Housing Tax Credits to Sunrise
Townhomes. Ayes (6), Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to re -table the Review of
Previously Approved Low Income Housing Tax Credits to Sunrise Townhomes to
the August 3, 1998 meeting. Ayes (6), Nays (0). Motion carried.
Having no further business, Councilmembers Senjem moved, Stobaugh seconded,
to adjourn the meeting. Ayes (6), Nays (0). Motion carried.
City Clerk
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