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HomeMy WebLinkAbout12-21-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5436 CITY OF ROCHESTER, MINNESOTA Regular A iourned Meeting No. 35 — December 21, 1998 Agenda Item A-1 B-1 C-1 D-1 No one wished to be heard during the Open Comment Period. President Pro-Tem Jean McConnell called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, David Senjem, Walter Stobaugh. Absent: President John Hunziker. Mayor Chuck Canfield presented a Certificate of Achievement for Excellence in Financial Report from the Government Finance Officers Association to Bruce Atkinson and Cheryl Belter of the City Finance Department. Mayor Canfield noted that there are only 22 states in the United States with AAA bond ratings. Bruce Atkinson thanked the Mayor on behalf of Cheryl Belter and himself and stated that the awards are the result of a team effort between the Finance Department staff and the staff of all the departments in the City. A Hearing on the Adoption of the 1999 Tax Levy, 1999 Budget and 1999-2004 Capital Improvement Program for the City of Rochester. Wishing to be heard was Bill Sepic representing the Chamber of Commerce. He thanks the Council for keeping the City budget and the levy amount to a minimum Having no one further wishing to be heard, President Pro-Tem McConnell closed the hearing. Councilmembers Evans moved, Senjem seconded, to adopt Resolution Nos. 762- 98, 763-98, and 764-98 approving the 1999 Property Tax Levy of $16,087,180, the 1999 total Budget of $100,310,804 and the 1999-2004 Capital Improvements Program. Ayes (6), Nays (0). Motion carried. Mayor Canfield recognized Cub Scout Dens #3 and #4 of Pack #121 in attendance at the meeting. D-2 I A Hearing on Final Plat #98-34 to be known as Windsor Heights #157. Wishing to be heard was Andy Masterpole, McGhie & Betts, representing the applicant, Dakota of Rochester. The property was originally platted as a part of the Gramercy Park plat approved in 1996 with the intent of putting townhomes into the development as it was zoned R-3 The new units, much narrower than the original units, for the development fit the site quite well. There is extensive landscaping on the back slope that drops to the Kings Run area to help in erosion control. The three conditions, as recommended by the staff, are agreed to. In response to a question posed by Councilmember Senjem, he noted that there are two -car garages in the front of the units. Mr. Masterpole also tried to assure the Council that the presence of a berm on the existing slope will cause the water to run into the streets and not down the slope into the Kings Run area. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item D-3 11 CITY OF ROCHESTER, MINNESOTA 5437 Regular Adjourned Meeting No. 35 — December 21 1998 Wishing to be heard was Jane Finbraaten, 1416 Kings Run Drive N.W., stated that the solution to the water problem sounded good but wanted adequate assurances that the water would not be running down on their homes at the bottom of the slope. Wishing to be heard was Lenora Anderson, 5322 Belmoral Lane N.W. Ms. Anderson noted the problems to date with the water running down the slope onto and under her patio loosening the soil each time. She was concerned that it would start to enter her living area. Doug Nelson, Public Works Department, stated that they are confident that adequate drainage is going to work. He suggested that perhaps a bond could be secured by the developer in the event the problem reoccurred. Mr. Masterpole thought that the developer would be agreeable to the bond security. Wishing to be heard was Jane Finbraaten, 1416 Kings Run Drive N.W., stated that she had an oral agreement with the developers that there would be a retaining wall built to correct the drainage problem on the slope. No wall has yet been built. Councilmembers Marcoux moved, Hruska seconded, to table to January 4, 1999 Final Plat #98-34 to be known as Windsor Heights #157 to work on a bonding agreement and to hold a neighborhood meeting to resolve the issues. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation by Ordinance #98-17 by Forbrook-Bigelow Development to annex approximately 59.93 acres of land south of 7th Street N.W., west of 44th Avenue N.W. and north of 4th Street N.W. Wishing to be heard was Dale Hoadley, Southeast Area of Minnesota conservation Federation. A neighbor concerned about the annexation of the woodland on the west side of the property had contacted him. Mr. Hoadley noted the steep slopes and hills that now house countless wildlife. He stated that he is not concerned with the open area but concerned with the woodland habitat being destroyed. Wishing to be heard was Chris Druyff, 9376 Pine Breeze Lane, representing the neighbors. They are concerned as to what extent the development will affect the natural waterways, runoffs, birds, deer and other animals which now inhabit the area. Wishing to be heard was Randall Hermann, 4301 Fourth Street N.W. Mr. Hermann said that when he looks out the east side of his property he notices children playing in the woods. He would like the area to remain as a playground for the area. Mr. Hermann was also concerned about the increase in traffic for a neighborhood with eighteen children playing in the area. Wishing to be heard was Shirley Ingalls, 4909 Fourth Street N.W. Ms. Ingalls is concerned about the drainage issue; there are already drainage problems. If this area is developed, the water will not have a place to go. She was also concerned about the conservation issue. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5438 CITY OF ROCHESTER, MINNESOTA Repubir A 'n urn _d M _ _Ming Nn 35 — f)eremher 911 1 AAR Agenda Item Wishing to be heard was Leslie Revas, McGhie & Betts, representing the developers. Mr. Revas noted that this property was slated in 1957 for general development. McGhie and Betts started in 1997 with Manorwood 8th Subdivision. There are existing and delineated wetlands up the drainage way and some that have been compromised from erosion problems from the back of the property. There is currently a constructed stormwater detention area; it was a wooded area earlier this summer. It was approved previously by the City under the stormwater management plan as a detention area. A general collector road connecting 7th Street has been designated. Wetlands habitat, which was destroyed in the retention, will be replaced 2-to-1. The intention is to utilize the drainage way to create a wider wetland area, mostly grassland. She stated that the wetlands in the northwest area would not be annexed at this time. President John Hunziker arrived. Terry Adkins, City Attorney, noted that the development issues will be addressed at the preliminary plat stage. The only before the Council for now is the annexation of the land. Wishing to be heard was Joe Bigelow, Box 247, Byron. He stated that the developer has been developing the area for over 40 years and he has been building in this area for over 20 years. The City surrounds this piece of property in question on three sides. The original development plan proposed four or five streets across the drainageway. Since that time, the plan has been changed to only include two streets. They are trying to utilize and save as many trees and wooded areas as possible. Mr. Bigelow again stated that they will not be annexing the seven -acre parcel of woods located in the northwest corner of the property. A retention area was building this year in the wetlands to control the erosion problem. Any problems with drainage in rear yards will be taken care of. Wishing to be heard was Dale Hoadley, Minnesota Conservation Federation. Total woodland in this area is about 36 acres according to the DNR. The Federation would have no problem with the annexation as long as it does not signal the start of the building of street maps and the destruction of habitat. Wishing to be heard was Dorothy Long, 427 441h Court N.W. Ms. Cooper noted that the rear of her yard faces the pond. There is presently a large hill of dirt. She was concerned that this dirt would be used to raise the elevation higher than their home and, consequently, cause water to drain into their property. Wishing to be heard was Joe Bigelow, Box 247, B ron. The dirt will be used as fill during the summer of 1999 when Manorwoods 11t is developed. Wishing to be heard was Randy Hermann, 4301 Fourth Street N.W. He wanted to point out that with the wetlands in this area, you start looking at the width of the houses along either sides of the roads, a lot of land will be lost. The City may want to turn it into a natural park. I. Fj Agenda Item D-4 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5439 Regular Adjourned Meeting No. 35 — December 21, 1998 Having no one further wishing to be heard, President Pro -Tern McConnell closed the hearing. Councilmembers Senjem moved, Evans seconded, to approve Annexation by Ordinance #98-17 by Forbrook-Bigelow Development. Ayes (7), Nays (0). Motion carried. Council President Hunziker assumed control of the Council meeting. A Hearing on Type III, Phase I Appeal #98-5 by Tom & Peggy Besch. Wishing to be heard was Tom Besch, 5216 Castlewood Lane N.W. Mr. Besch requested that the Council overturn the decision of the Planning and Zoning Commission and allow him to have a home business and store materials in his garage area. Mr. Besch noted that the merchandise is delivered on a regular basis by a diesel truck, not unlike a UPS vehicle, that parks halfway into his driveway. Monday evenings his distributors pick up the merchandise from his garage area. The distributors are there for a very short time and park along the street or in his driveway. He said that the Planning Department stated that he could not have the storage of materials in his garage and could not have an air-conditioning unit in the window under the present conditional use permit that he has. Mr. Besch also stated that direct shipment to the distributors is not an option with the business. Wishing to be heard was Kip Frick, 5210 Castlewood Lane N.W. Mr. Frick had concerns about the noise of the truck, the truck protruding half into the street and half into the driveway when parked and the parking problems caused by the distributors picking up their merchandise. He stated that many time he had witnessed the sidewalk being blocked and people, out walking, needing to go into the street to get around the truck. Mr. Frick also noted that the air conditioning unit was located directly by his bedroom; therefore, causing unnecessary noise. Mr. Frick also pointed out that the organization that Mr. Besch works for has had associations with cults in the past and he did not want the stigma of a cult associated with the neighborhood. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers discussed possible alternatives stating that they would like the neighborhood to get along. Some Councilmembers thought, however, that the moving of products through a residential area was an imposition to the neighbors. Councilmembers Evans moved, Stobaugh seconded, to uphold the decision of the Planning and Zoning Commission to deny the appeal made by Tom and Peggy Besch due to the fact that criteria #1 under Section 61.416 was not met. Discussion Councilmember Senjem proposed that the Council issue a six-month conditional use permit to the Beschs to allow them time to find adequate space for their products and business. It was also suggested that they contact the truck company rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5440 -Regular Adjourned Meeting No 35 - December 2-1. 1998 Agenda Item D-5 H-1 about parking along the curb rather than in the driveway and blocking the sidewalk, and to schedule the distributor pickups to not interfere or occur during busy times in the morning and afternoons. Councilmembers Senjem moved, McConnell seconded, to reverse the Planning and Zoning Commission recommendation and approve a request for a Conditional Use Permit effectively immediately to June 30, 1999 subject to the conditions as recommended by staff and that the hours for the distributor pickups not occur between the hours of 7:00-8:00 A.M. and 5:00-6:00 P.M. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Stobaugh voted nay. A Hearing to Consider Improvement Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision". Wishing to be heard was Richard Dale, 2435 Riverview Heights. He noted that, as long as the Council used sales tax monies in the project as agreed at the Committee -of -the -Whole meeting, the residents in his neighborhood were in favor of the project. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 766- 98 approving Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision". Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to remove from the table and consider Local Improvement Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.". Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 767- 98 approving Project No. 6307-2-99 (J-9523) "Reconstruction of 71h Avenue S.E. from 6th Street S.E. to 12th Street S.E.". Discussion. Wishing to be heard was Dave Alexander, 507 18th Street S.E., reaffirming that the amount noted on the assessment notice was the amount of the actual assessment. Richard Freese, Public Works Director, told Mr. Alexander that even if the bids come in higher than anticipated, the property owners are only assessed a maximum of $25.00 per front footage and actual amount if the bids are less. Ayes (7), Nays (0). Motion carried. D-6 A Hearing to Consider the Levying of the Proposed Assessments for Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.". Wishing to be heard was Kevin Durgin, 702 Ninth Street S.E. Mr. Durgin stated that 25 residents at the last neighborhood meeting voted for the project and ten against it. He also stated that the present street is in need of major repair; he 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 35 — December 21, 1998 5441 would like a new street but not unless it is going to be maintained in the future. Mr. Durgin had a question about the financing of the project. He noted that although the City is paying for a portion of the work, it has already been paid for in taxes and now the City wants the residents to pay the remainder as well. The assessed costs are higher than what it was proposed to be. Wishing to be heard was Tricia Noreen, speaking for her son, Brian Noreen, who lives at 1048 Seventh Avenue S.E. Ms. Noreen stated that assessments are a hardship for not only elderly persons but also young residents. Brian Noreen has just bought his home; he is unable to pay for assessments. There is a tree uprooting the new sidewalk, it's the City's responsibility but the City has done nothing about it. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 768- 98 approving Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E.". Ayes (7), Nays (0). Motion carried. E-1-3, Councilmembers Senjem moved, Stobaugh seconded, to approve the following 5-18, consent agenda items: 21-32 E-1 Approved the minutes of the December 7, 1998 meeting. E-2 Adopted Resolution No. 769-98 approving the reclassifying of the lieutenant position in the Fire Prevention Bureau of the Fire Department to a Fire Protection Specialist position. E-3 Adopted'Resolution No. 770-98 approving the 1999 Compensation Plan for the Department Heads and authorized their participation in the long-term disability insurance program. E-4 I See at end of E items. E-5 Approved the appropriation of $850 from the 1998 Contingency Account to the Olmsted County Historical Society to assist in funding the Minnesota Territorial Sesquicentennial Celebration. E-6 IAdopted Resolution No. 771-98 accepting the State Agreement for funding for Project No. J-6910 "Airfield Painting Striping" at the Rochester International Airport. E-7 Adopted Resolution No. 772-98 entering into a professional services agreement with airport Consulting Services Group, Inc. for a passenger facility charge application for land acquisition at the Rochester International Airport. E-8 Adopted Resolution No. 773-98 entering into a professional services agreement with Kraus -Anderson Company for preliminary study and design work for a new Arrivals/Departures Facility in the General Aviation area at the Rochester International Airport. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5442 CITY OF ROCHESTER, MINNESOTA Regular A 'nurn .d Meeting No. 35 — De . -min_r 91. 199R Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 Approved the following licenses and miscellaneous activities: Gambling — Temporary Ben Franklin PTSA — Bingo — February 5, 1999. Rocky Mountain Elk Foundation — Raffle at Radisson Plaza Hotel — February 20, 1999 Church of St. Francis of Assisi — Raffle — May 7, 1999 Annual Renewal Licenses Bus 1 Heating Contractors 92 Master Installers 128 Master Plumbers 57 Pawnbrokers 3 Pigeon 4 Sewer and Drains 44 Sidewalks/Curb & Gutters Asphalt 10 Cement 56 Signs 32 Taxicabs 1 Theaters 19 Approved an amendment to RCO 138.05, subd. 3, to eliminate the use of temporary guest permits in residential parking permit areas, effective January 1, 1999, instructed the City Attorney to prepare the required ordinance for adoption, and suspended the rules to give the ordinance a first and second reading. Approved Accounts Payable in the amount of $2,424,242.02 Adopted Resolution No. 774-98 executing letters of engagement to audit both the City's general-purpose financial statements and the City's Urban Mass Transportation program for the fiscal year ending December 31, 1998. Adopted Resolution No. 775-98 approving Change Order #1 for Fire Station #4 for additional work in the amount of $703.00. Approved the appointments to the Building Code Board of Appeals of Bruce Synder, to November 2000 replacing Al Hiniker; John McGuine, to May 2001 replacing John Prendergast; and Tedman John Heim, to May 2001 replacing Mike Russell. E-15 Approved the appointments to the Downtown Advisory Board of John Kruesel, to December 31, 2001 replacing Robert Gill; and Wally Arnold, to December 31, 2000 replacing Don Glaeser. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5443 Regular Adjourned_ Meeting No. 35 —December 21 1998 Agenda Item E-16 Approved the appointments to the Citizens Advisory on Transit of Eric L. Matteson, Barbara Larson, Bill Schneider and Diane Priebe replacing Pam Michelson, Kathy Cherry, Gwen VandeHeuvel and Charles Rainy. E-17 I Approved the appointment to the Housing Board of Appeals of Sylvia Quirk, to April 1999 replacing Roger Stahl. E-18 I Approved the appointment to the Public Library Board of Ann Larson, to January 2001 replacing Robert Beery. E-19 I See at end of E items. E-20 I See at end of E items E-21 Approved the appointments to the Zoning Board of Appeals of Kevin J. Schimnich, to December 31, 2001 replacing Paul Bucher; and reappointing to December 31, 2001 Robert Ellis and Robert Beranek. E-22 Adopted Resolution No. 776-98 approving the Use Agreement with ISD #535 and the End Grant Agreement with the Minnesota Amateur Sports Commission for the Volleyball Center. E-23 Withdrawn E-24 Adopted Resolution No. 777-98 executing a Stipulation providing that the positions of Control Instrument and Results Technicians and Facilities Systems Technicians at Rochester Public Utilities are appropriately represented by IBEW — Local #949. E-25 Approved the promotion of Paul Nitschke to the position of Motor Operator in the Rochester Fire Department effective December 26, 1998. E-26 Adopted Resolution No. 778-98 authorizing the Police Department to make application to the Minnesota Auto Theft Prevention program in the amount of $11,500 and legal prosecution expenses. E-27 Adopted Resolution No. 779-98 accepting the feasibility report and setting a public hearing for January 20, 1999 for Project No. 9828 (J-9535) "Extension of Sewer and Watermain to Serve the 1100 and 1200 Blocks of Skyline Drive S.W." E-28 Adopted Resolution No. 780-98 entering into an assessment agreement with Rochester Mall, LLC for Project No. J-6338 "Traffic Signal at TH 14 and Memorial Parkway S.W." E-29 Adopted Resolution Nos. 781-98, 782-98, 783-98 and 784-98 ordering and receiving the Feasibility Report, setting a Public Hearing on January 20, 1999 for the making of the project, and setting a Public Hearing on January 20, 1999 to consider the assessments for Project No. 6312-1-99 (J-9542) "Reconstruction of 12th Avenue N.E. from 14th Street N.E. to end of Cul-de-Sac". rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5444 Regular Adjourned Meeting No. 35 — Den -ember 21, 1998 Agenda Item E-30 E-31 E-32 E-4 E-19 E-20 Adopted Resolution No. 785-98 amending the Comprehensive Parking Resolution as follows: Add paragraph (209.5) to Section B "No Parking Zones" to read: (209.5) 14th Avenue S.W., on the west side of the street, from 9tn Street S.W., to a point 250 feet south of 9th Street, from 6:00 A.M. to 6:00 P.M. Add paragraph (3.94) to section H "Limited Parking" (Zone F-2 hour limited parking) so as to read: (3.94) 14h Avenue S.W., on the west side of the street, from a point 250 feet south of Ninth Street to the frontage road of Trunk Highway 52, from 6:00 A.M. to 6:00 P.M., all days. Adopted Resolution No. 786-98 approving the 1999 contract with Rochester City Lines in the maximum amount of $969,295.00; the 1999 contract with Olmsted County for the local share in support of ZIPS Dial -A -Ride operations; and the 1999 contract with ISD #535 Community Education for sponsorship of evening service on ZIPS. Adopted Resolution No. 787-98 authorizing the City Clerk to advertise for bids for Concrete Repairs at the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. Councilmember McConnell pointed out that the new reimbursement rate for mileage should be 32 cents per mile and not 32.5 cents. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 788-98 increasing the City's mileage reimbursement rate from 31 cents per mile to 32 cents per mile effective January 1, 1999. Ayes (7), Nays (0). Motion carried. Councilmember Hruska wanted to thank Dorothy Arendts for all her work with the neighborhood advisory committees. Councilmembers Hruska moved, McConnell seconded, to approve the appointment to the Mayor's Advisory Committee on Neighborhoods (MACON) of Dan Schiefert, replacing Rob Larson, and John Sprenger, replacing Dorothy Arendt. Ayes (7), Nays (0). Motion carried. Councilmember Hruska wanted to express his appreciation for the fine job of Bob DeWitz and Lisa Wiesner to the Planning Commission for their years of work. Councilmember Senjem thanked Mayor Canfield for his excellent appointments over the past year to the various committees and commissions. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5445 Regular Adjourned Meeting No. 35 — December 21, 1998 Councilmembers Hruska moved, Stobaugh seconded, to approve the appointment to the Planning Commission of Gerry Werven, to December 31, 2001 replacing Bob DeWitz; and Ardell Brede, to December 31, 2001 replacing Lisa Wiesner; and the reappointment of James Suk and Randy Staver to December 2001. Ayes (7), Nays (0). Motion carried. F-1 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 789- 98 setting a public hearing for January 20, 1998 to consider the creation of a tax increment -financing district for the Volunteers of America project. Ayes (7), Nays (0). Motion carried. F-2 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 790-98 authorizing the City of Rochester to use local sales tax revenue to fund a municipal water, sewer and stormwater project to improve regional groundwater quality. Ayes (7), Nays (0). Motion carried. Councilmember Senjem thanked the staff for putting together a document for a project that will serve well into the future. He also thanked the citizens for coming together and voting for a project of this magnitude. F-3 A request was received by U.S. West Wireless to reopen the public hearing related to Zoning Appeal #98-27 to allow U.S. West to more completely demonstrate the need for a wireless antenna in the approximate location and give them time to look for alternative sites. Councilmembers Evans moved, McConnell seconded, to reopen the public hearing on Zoning Appeal #98-27 by U.S. West Wireless. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, McConnell seconded, to continue the public hearing for U.S. West Wireless until February 1, 1998. Ayes (7), Nays (0). Motion carried. F-4 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 791-98 authorizing the City Clerk to advertise for bids for two Infrared Imaging Cameras for the Rochester Fire Department. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to purchase two 1250 GPM Pumpers for the Rochester Fire Department from Pierce Manufacturing, Incorporated at the same price pumpers were previously purchased earlier this year. Discussion. Councilmember Senjem noted that he had questions about the previous bid and will be voting nay on the motion. Councilmember Evans commented on the new trucks and equipment that had previously been purchased; he felt that providing good equipment to the fire fighters is a major priority for the City. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Re 5 4 4 6 gulaA ' r oirned Meeting Nn 35 — nec:emher 91. 1998 Agenda Item F-5 F-6 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.792-98 entering into a contract with New World Systems for Phase replacement of the LEC dispatch computer system and software. Ayes (7), Nays (0). Motion carried. Councilmember Evans moved, Stobaugh seconded, approve amending the Comprehensive Traffic and Parking Resolution by adding Paragraph (10) to Section A, Angle Parking, to read: 10) First Avenue N.W., on the east sides from Center Street to Civic Center Drive. Discussion. Richard Freese, Public Works Director, noted that this is only for Phase I of the project. Phase 2 implementation will be brought back to the Council at a later date for their consideration. Wishing to be heard was Ken Zubay, 600 Fourth Street S.W., associated with Broadstreet and Henry Wellington's Restaurants. He stated that since the Council made the decision of diagonal parking on First Avenue S.W. there have been no complaints about parking; everyone loves it. They have about two-thirds more traffic on First Avenue as opposed to where you are proposing the diagonal parking; he can't imagine why it wouldn't be successful where it is now proposed. Councilmember McConnell stated that he has pushed for diagonal parking for at least ten years and feels that there are more areas in town that could benefit from the change from parallel parking. Richard Freese, Public Works Director, wanted to make the Council aware that for the past year they have been working with the Mayo Clinic regarding the traffic circulation in the downtown area taking into account the construction on the Gonda Building and the additions to some of the other facilities. Prior to any construction an agreement between Mayo Clinic and the City which designated First Avenue N.W. as the primary entrance to the Mayo Campus during construction. At some period next year, Fourth Avenue will be closed next year between Center Street and Second Street North due to tunnel construction. The traffic on First Avenue N.W. at the present time supports diagonal parking. They feel that they need to get through the next construction season prior to allowing diagonal parking on the west side. The first motion was withdrawn by Councilmembers Evans and Stobaugh because of the attempt to expand it. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 793- 98 amending the Comprehensive Traffic and Parking Resolution by adding Paragraph (10) to Section A, Angle Parking, to read: 1 C Agenda Item G-1 a G-1 b G-2a G-2b G-2c G-2d 1-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5447 Regular Adjourned Meeting No. 35 — December 21, 1998 10) First Avenue N.W., on the east sides from Center Street to Civic Center Drive. Ayes (7), Nays (0). Motion carried. An Ordinance Repealing Subdivision 3 of Section 138.04 of the Rochester Code of Ordinances, Relating to Guest Permits in Residential Parking Zones, was given a first reading. Councilmembers Marcoux 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 McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 59.93 Acres of Land Located in a Part of the West Half of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 7th Street N.W., west of 44th Avenue N.W., north of 4th Street N.W.) An Ordinance Rezoning Certain Property from the R-1 District to the B-4 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 Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Located along south side of 2Id Street S.W., east of 23`d Avenue S.W.) An Ordinance Rezoning Certain Property from the R-4 District to the B-4 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, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Located west of 3rd Avenue S.W., along south side of Crossroads Drive) An Ordinance Amending and Reenacting Subdivision 2 of Section 105A.03 of the Rochester Code of Ordinances Relating to Dance Permit Fees, was given a second reading. Councilmembers Stobaugh moved, Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Subdivision 17 of Section 129.01, Section 129.02, Subdivisions 1 and 3 of Section 129.40 and Section 129.44 of the Rochester Code of Ordinances, Relating to the City Sales Tax, was given a second reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmember Hruska wanted to thank the rest of the Councilmembers, City Staff and the Citizens for all their support during the past three years while he has been on the City Council. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 54 4 g Raqufar Acfnurnad Maating Nn 15 — nacamhar 71. 1998 Agenda Item Having no further business, Councilmembers Hruska moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk n