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HomeMy WebLinkAbout05-17-1999RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 55 74 Regular Meeting No 11 — May 17, 1999 Agenda Item A-1 B-1 D-1- 11,13, 14,17- 19,21- 34 D-1 RbM D-3 D-4 D-5 No one wished to be heard during the Open comment Period. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Marcia Marcoux, David Senjem, Walter Stobaugh. Absent: Councilmembers Mack Evans, Dennis Hanson and Jean McConnell. Councilmembers Marcoux moved, Stobaugh seconded, to approve the following consent agenda items: Approval of the minutes of the May 3, 1999 Council meeting. Approved the City Administrator and City Attorney as eligible to participate in the voluntary group long-term disability program. Approved the East Side Neighborhood to initiate a Zoning District Amendment within the East Side Neighborhood. Approved the allocation of $4000 to be transferred from the Contingency Account for the 1999 summer work project by Youth Employment Project. Adopted Resolution No. 312-99 authorizing the City Clerk to advertise for bids for 2,100 foot extension of Runway/Taxiway 02/20, Phase I to be opened June 30, 1999 at 11:00 AM. Approved the following licenses and miscellaneous activities: Beer — 3.2% on sale temporary Downtown Business Assoc.-2"d Annual Peace Plaza Days -Beer Garden -June 28 through July 1, 1999 Fireworks Rochester Honkers Baseball Club -Mayo Field -August 6-9:50 to 10:00 PM Gamblinq Bamber Valley PTA — Raffle — October 9, 1999 Ronald McDonald House — Raffle at Willow Creek Golf Course — July 30, 1999 Sound Amplification GLCS Pride Committee — 2Id Annual Pridefest — Central Park — July 17 from 11:00 AM to 5:00 PM Miscellaneous Activities Mac Attack 5K Run & Walk — Silver Lake Pool Area — August 6, 1999 Habitat for Humanity Lourdes H.S. Chapter — Walk to Raise Money for Habitat for Humanity — Soldiers Field — May 22, 1999 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5575 Regular Meeting No. 11 — May 17 1999 Agenda Item D-7 Adopted Resolution No. 313-99 setting a public hearing for June 7, 1999 to receive public testimony on the application for Currency Exchange for Pawn America Minnesota L.L.C. at 27 Ninth Street SE. D-8 Approved Accounts Payable in the amount of $1,676,124.71. D-9 Adopted Resolution No. 314-99 accepting bids for fuel in tankwagon quantities from Greenway Cooperative and authorizing a one year contract with the option of extending the contract for two additional years. D-10 I Adopted Resolution No. 315-99 authorizing the City Clerk to advertise forbids for a 1999 — 54,000 GVW tandem axle dump truck. D-11 Adopted Resolution No. 316-99 authorizing the change order requests #5, 7, 8R, 11, 12 and 14 concerning the construction of the new Fire Station No. 4. D-12 ! See at end of D Items. D-13 Adopted Resolution No. 317-99 authorizing the application and grant agreement by the Park and Recreation Department for the State Grant Agreement for the Mayo Civic Center Complex Improvements. D-14 Adopted Resolution No. 318-99 amending Resolution No. 026-99 approving the GDP known as "Avalon Cove" including the fifth condition which should be changed to include "Additional shoreland adjacent to Cascade Creek/Interlachen Lake may also be stabilized". D-15 I See at end of D Items. D-16 See at end of D Items. D-17 Adopted Resolution No. 319-99 authorizing the development agreement with Fred Schmidt for the construction of the pedestrian path to serve the Eastwood Hills Development. (J-4946) D-18 I Adopted Resolution No. 320-99 authorizing the acquisition of the needed 55th Street right of way from Dakota of Rochester for $30,000. D-19 Adopted Resolution No. 321-99 approving the Agreements with MnSCU/RCTC for UCR Campus Mayo Run Improvements. D-20 See at end of D Items. D-21 Adopted Resolution No. 322-99 authorizing the City Clerk to advertise for bids for Project No. 6008-99 (J9520) "Reconstruction of 16th, 16 %, 17th, 17'/s and 18'/z Street NW' to be opened on June 16, 1999. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5576 Rpg�lar Meeting No 11 — MaT17�1999 Agenda Item D-22 D-23 D-24 D-25 L D-27 D-28 D-29 Adopted Resolution No. 323-99 authorizing the City Clerk to advertise for bids for Project No. 6307-2-99 (J-9523) "Reconstruction of Ph Avenue SE from 6th Street to 12th Street SE" to be opened June 30, 1999. Adopted Resolution Nos. 324-99,325-99,326-99 and 327-99 for Pro�ect 6304-4-99 (J-9544) "Construct Concrete Curb & Gutter and Grind & Overlay 4t Avenue NW from 25th Street NW to Zumbro Drive NW; and Grind & Overlay 4th Avenue NW from Elton Hills Drive NW to 25th Street NW, 25th Street cul-de-sac, and a portion of 26th Street NW' ordering the project to be made and receiving the feasibility report, ordering a hearing on June 21, 1999, ordering preparation of assessment roll and ordering an assessment hearing for June 21, 1999. Adopted Resolution No. 328-99 referring the petition from the residents of Thomas Subdivision to the Public Works Department for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Thomas Subdivision. Adopted Resolution No. 329-99 referring the petition from the residents of Vandals Subdivision to the Public Works Department for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Vandals Subdivision. Adopted Resolution No. 330-99 referring the petition from the residents of Southport Subdivision to the Public Works Department for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Marion Town Board and prepare an Orderly Annexation Agreement with Marion Township for annexation of Southport Subdivision. Adopted Resolution No. 331-99 referring the petition from the residents of Elmcroft/Oak Hills area to the Public Works Department for a feasibility study, develop engineering service agreements for sanitary sewer and watermain, refer the petition to the Rochester Town Board and prepare an Orderly Annexation Agreement with Rochester Township for annexation of Elmcroft/Oak Hills area. Adopted Resolution No. 332-99 accepting the feasibility report for Project No. 9714- 99 (J-9577) "Sanitary Sewer and Watermain Extension to serve 22nd Avenue SE, 23`d Avenue SE, 25th Avenue SE, and 26th Avenue SE, South of Pinewood Road SE: Fairview Court SE North of Pinewood Road SE and in Pinewood Road SE from Fairview Court SE to a point East of 301h Avenue SE to serve a residence located at 3020 Pinewood Road SE", and establishing a hearing for June 21, 1999. Adopted Resolution No. 333-99 making the following changes to the Comprehensive Traffic and Parking Resolution Book to read: Amend paragraph (224) to Section B, "No Parking Zones to read: C (224) 19th Avenue NW on both sides of the street from 16'/z Street to 17'/z Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5577 Regular Meeting No. 11 — May 17 1999 Street, from 8:00 AM to 4:00 PM, school days only. 2. Amend paragraph (23) of Section C, "Special Parking Zones" to read: (23) 16 '/z Street NW, from 19tn Avenue NW, to 21 st Avenue NW, for school bus parking only, from 8:00 AM to 4:00 PM, school days only. D-30 Adopted Resolution No. 334-99 approving City/State Agreement for SAP 159-010- 02, City Project No. 9552 (J-6373) "Traffic Signal Installation on TH 63 at 25tn Street SE", and authorizing the use of Municipal State Aid funds on the TH 63 and authorizing the City Clerk to advertise for construction bids. D-31 Adopted Resolution No. 335-99 authorizing the execution of an agreement with Walker Parking Consultants to provide professional engineering service for the feasibility study of the Center Street Ramp Expansion Project. D-32 Adopted Resolution No. 336-99 executing Amendment No. 1 to MnDot Agreement 77337, Access to Work to extend the funding period through December 31, 1999. D-33 Adopted Resolution No. 337-99 awarding a contract to Nieman Roofing, Inc. to furnish all labor, materials, equipment, etc. necessary for the construction of 1999 Roof Replacement at the Water Reclamation Plant for $355,760. - D-34 Adopted Resolution No. 338-99 approving a personal/parental leave of absence without pay for Ellen Hamernik, Marketing Event Coordinator, Mayo Civic Center from May 17, 1999 to August 17, 1999. Ayes (4), Nays (0). Motion carried. D-12 I Councilmember Marcoux recognized the Hazmat Team for their involvement in recent emergency drill on May 51h Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No. 339-99 authorizing a contract for the State a Regional Hazmat Team for FY 2000 and FY 2001 with the State of Minnesota. Ayes (4), Nays (0). Motion carried. D-15 Councilmember Senjem thanked the Department of Public Safety and the Oronoco 16 Gold Rush for their donations to the Police Department. Councilmember Senjem moved, Stobaugh seconded, to accept the donation of $250 from the Oronoco Gold Rush and $550 from the MN Department of Public Safety to the police department. Ayes (4), Nays (0). Motion carried. D-20 Councilmember Stobaugh moved, Senjem seconded, to reject all bids for Projects No. 6323-2-97 & 99 (J-9402/J4890/J9554) "Construction of 23rd Ave. SE, Mayo Run Improvements, and RCTC Campus Roads", and adopt Resolution No. 321A-99 authorizing the City Clerk to readvertise for a bid opening on June 15, 1999. Ayes (4), Nays (0). Motion carried. 5578 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-1 E-2 E-3 A Hearing on Housing Revenue Bonds for Volunteers of America Project. Wishing to be heard was Lee Felgar, 920 South Main St, Grapevine, Texas, representing Volunteers of America. He stated that the project is progressing and the rating of the bonds meets City requirements. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 340- 99 giving preliminary approval to the a proposed housing program and the issuance of up to $11,500,000 in housing revenue bonds for the Volunteers of America Project. A Hearing on Final Plat #99-19 to be known as Rose Harbor Estates. Developer requested to have the hearing continued to June 21, 1999 Council meeting. Wishing to be heard was Martin Peterman, 3205 Harbor Heights Court, he stated his concern in regards to the traffic volume that would increase with this subdivision. He also has concerns with the intersections in this area because there is no signage. Mike Nigbur, Public Works Department, stated that Mr. Peterman was correct about the majority of traffic using Rose Dr. and Harbor Dr. but that future developments will provide other access routes out of the Rose Harbor Subdivision. The Department will also look at the traffic control signs for the area. Councilmember Marcoux moved, Stobaugh seconded, to continue the hearing on Final Plat #99-19 to be known as Rose Harbor Estates to the June 21, 1999 Council Meeting. Ayes (4), Nays (0). Motion carried. A Hearing on Final Plat #99-21 to be known as Century Hills Townhomes Second Subdivision CIC #158. Wishing to be heard was Wade DuMond, Yaggy-Colby Associates, representing the applicant. Mr. DuMond noted that they were in agreement with the three conditions and was available for any questions. „ Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No. 341-99 approving Final Plat #99-12 to be known as Century Hills Townhomes Second Subdivision CIC #158 with three conditions. Ayes (4), Nays (0). Motion carried. E-4 I A Hearing for Permit Parking on 8Y2 Avenue NW/200 Block. Wishing to be heard was Betty Hennessy, 219 8'/z Avenue NW, she was concerned with the congestion the Lourdes students create by parking on the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5579 Regular Meeting No. 11 — May 17 1999 Agenda Item Avenue and the difficulty of emergency and delivery vehicles being able to reach the homes. She stated the cul-de-sac is too congested for turning around. Ms. Hennessy asked for no parking between 7-9 AM on the west side of the street. Wishing to be heard was Tom DeZiel, 218 - 8'/2 Avenue NW, he stated he has the problem of getting out of his driveway with his full size vehicle because of the congested parking. Mr. DeZiel asked for permit parking on both sides of the road. Wishing to be heard was Lorraine Deedrick, 215 - 8'h Avenue NW, she requested . that "no parking" signs be put at the end of the cul-de-sac to make turning around possible. Dave Rossman, noted that the Kutzky neighborhood has discussed this issue and they do want to share the street with the students. He stated this is why the request was for permit parking on only the west side of the street, but that he would be willing to continue working with the neighborhood for a solution. Mr. Rossman also said that a "no parking" sign at the end of the cul-de-sac could be done. David Goslee, Deputy City Attorney, asked the Council to limit its consideration to that requested in the petition. The applicants agreed that the issue could wait until mid -summer being that Lourdes High School will be out as of June 4th and the residential parking signs could not be erected until school was out. A "no parking" sign at the cul-de-sac will be installed as soon as possible. Councilmember Stobaugh moved, Senjem seconded not to close the hearing and table this item until a neighborhood meeting can be held to clarifying what the residents want as their petition and to bring back to the Council in time to install the signs before school is back in session. Ayes (4), Nays (0). Motion carried. E-5 A Hearing on Annexation by Ordinance Petition #99-7 by White Oaks Development of Rochester to annex approximately 16.89 acres. The property is located east of 50th Avenue NW, North of 57th Street NW, and is within the approved White Oaks General Development Plan. Wishing to be heard was Andy Masterpole, McGhie and Betts, representing the developer, he noted this was the final phase of the development and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded, to approve the Annexation by Ordinance Petition #99-7 by White Oaks Development and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (0). Motion carried. E-6 A Hearing on Type III, Phase II Zoning District Amendment #99-7 by Bigelow/Ratzloff to amend the zoning district from R-1 to R-2 on property located RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 55�0 CITY OF ROCHESTER, MINNESOTA Reg, liar Meeting No 11 — May 17, 1999 Agenda Item E-7 E-8 E-9 along the north side of Pinewood Road SE, West of 22"d Avenue SE, and north of Dallman's First Subdivision. Wishing to be heard was Harvey Ratzloff, 4402 6th St. NW, developer of the project. Mr. Ratzloff noted that the zone change was because the majority of people in townhomes do not have children and would not be affected by the Pinewood Road. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, Marcoux seconded, to approve Zoning District Amendment #99-7 by Bigelow/Ratzloff and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (4), Nays (0). Motion carried. A Hearing on Type III, Phase II Final Site Plan Amendment #99-2 by Nash Finch Company to amend the Northwest Plaza Final Site Plan. Wishing to be heard was Wade Dumond, Yaggy Colby Associates, representing the developer. Mr. Dumond noted they were in agreement with the conditions and available for any questions. Having no on further wishing to be heard, President Hunziker closed the meeting Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No. #342-99 approving the Type III, Phase II Final Site Plan Amendment #99-2 by Nash Finch Company to amend the Northwest Plaza Final Site Plan with seven conditions. Ayes (4), Nays (0). Motion carried. A Hearing on Zoning District Amendment #99-8 initiated by the Rochester Common Council to amend the zoning district on approximately 3 acres of land from H to M-1 district. The property is located East of the Menards South Store, north of Highway 52. Having no one wishing to be heard, President Hunziker closed the meeting. Councilmember Senjem moved, Stobaugh seconded to approve Zoning District Amendment by the Rochester Common Council to amend Zoning District from H to M-1 district and instructing the City Attorney to prepare the required Ordinance for adoption. Ayes (4), Nays (0). Motion carried. A Hearing on Type III, Phase II Zoning District Amendment #99-5 by Medical Futures LLC to amend the zoning district from R-1 to R-3 district. The property is located along the west side of 25th Avenue NW, north of 551h Street NW. Having no one wishing to be heard, President Hunziker closed the meeting. Councilmember Marcoux moved, Stobaugh seconded, to approve the Zoning District Amendment #99-5 by Medical Futures LLC with findings and instructing the 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5581 Regular Meeting No. 11 — May 17 1999 City Attorney to prepare the required Ordinance for adoption. Ayes (4), Nays (0). Motion carried. E-10 I A Hearing on Final Plat #99-7 to be known as Circle Drive Corporate Park Second. Wishing to be heard was Wade DuMond, Yaggy Colby Associates, representing the Developer and he was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 343- 99 approving Final Plat #99-7 to be known as Circle Drive Corporate Park Second Subdivision with four conditions. Ayes (4), Nays (0). Motion carried. E-11 I A Hearing to Consider Local Improvement Project No. 9802 (J9469) "Reconstruction of Civic Center Drive from 2"d Street SE to 2"d Street NE". Wishing to be heard was Tony Love, 40 Center Place SW, Oronoco, stating he owns property on Civic Center Dr. and East Center St. and was concerned about the assessments for his property. He stated he is still paying for the last improvements and that the plans for ornamental brick and sidewalk lighting where there is very little foot traffic, he felt was excessive. Mr. Love objected to the total assessment and would like to see it reduced. Having no one further wishing to be heard, President Hunziker closed the meeting. Richard Freese, Public Works Director, stated there are no assessments for decorative street lighting or decorative sidewalk north of Center Street. If there was a notice sent to Mr. Love stating these assessments, a new notice will be sent correcting the error. He explained that the commercial assessment rate is $40.80 a foot for the street reconstruction and $3.32 per square foot for sidewalk replacement and that is the amount that will be assessed to the property. Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 344- 99 approving Project No. 9802 (J-9469) "Reconstruction of Civic Center Drive from 2"d Street SE to 2"d Street NE". Ayes (4), Nays (0). Motion carried. E-12 A Hearing to Consider the Levying of the Proposed Assessments for Project No. 9802 (J-9469) "Reconstruction of Civic Center Drive from 2nd Street SE to 2"d Street NE". Wishing to be heard was Tony Love, 40 Center Place SW, Oronoco, who wanted his same comments expressed again and this was noted. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Marcoux seconded, to adopt Resolution No. 345- 99 approving the proposed assessments for Project No. 9802 (J-9469) 5582 Agenda Item F-1 F-2 F-3 F-4 F-5 F-6 G-2a G-2b RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reottlar MPPtina No 11 — Ma) 17, 1g99 "Reconstruction of Civic Center Drive from 2"d Street SE to 2"d Street NE". Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No. 346-99 approve the reclassifications and new positions as follows: Reclassification of Assistant City Administrator Position Reclassification of Assistant Plant Manager/WRP Reclassification of Operations and Event Coordinator Positions at the Mayo Civic Center A Utility Worker I Position for Park and Recreation An Additional Parking Control Officer Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No. 347-99 approving the Retainer Agreement between Olmsted County HRA, City of Rochester and Thomas Canan, Attorney at Law, as special Assistant Attorney. It was noted that Mr. Canan has done a great job for the City and the County Housing Authority. Ayes (4), Nays (0). Motion carried. Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No. 348-99 approving the change in Precinct locations for 2"d Ward 5th Precinct (from Bamber Valley School to Harriet Bishop School) Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Senjem seconded to approve the Extension of Interim Ordinance Pertaining to Mining Activities to June 21, 1999. Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Senjem seconded, to approve an amendment to Rochester Code of Ordinances Section 132.02 pertaining to the removal of unlawfully parked vehicles and to instruct the City Attorney to prepare the required ordinance for adoption. Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Senjem seconded, to approve an amendment to Rochester Code of Ordinances Section 134.23 (2) pertaining to restricted parking for motorhomes. Ayes (4), Nays (0). Motion carried. This Code of Ordinance will be advertised on the cable channel 19 as well to get the word out. An Ordinance Annexing to the City of Rochester Approximately 16.89 acres of Land Legally Described as a part of the West Half of the Southwest Quarter of Section 8, Township 107 North, Range 14 west, Olmsted County, Minnesota, was given a first reading. (east of 50th Avenue NW, north of 57th Street NW, White Oaks Development) An Ordinance Rezoning Certain Property from the R-1 District to the R-2 District and Amending Ordinance No. 2785, known as the Zoning Ordinance and Land 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5583 Regular Meeting No. 11 — May 17 1999 Agenda Item Development Manual of the City of Rochester, Minnesota, was given a first reading. (north side of Pinewood Road SE, west of 22Id Avenue SE, north of Dallman's First Subd.) G-2c An Ordinance Rezoning certain Property from the H District to the M-1 District and Amending Ordinance No. 2785, known, as the Zoning Ordinance and land Development Manual of the city of Rochester, Minnesota was given a first reading. (east of Menards South, north of Hwy 52) G-2d An Ordinance Amending and Reenacting Section 132.02 of the Rochester Code of Ordinances, relating to Towing and Impounding Motor Vehicles was given a first reading. G-2e An Ordinance Amending and Reenacting Section 134.23 of the Rochester Code of Ordinances, Relating to Parking Restrictions for Certain Vehicles was given a first reading. G-2f An Ordinance Amending and Reenacting 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 first reading. Councilmember Senjem moved, Marcoux seconded, to suspend the rules and give the Ordinance a second reading. Ayes (4), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmember Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (4), Nays (0). Motion carried. G-2g An Ordinance Rezoning certain Property from the R-1 District to the R-3 District and Amending Ordinance No. 2785, known as the Zoning Ordinance and land Development manual of the City of Rochester, Minnesota, was given a first reading. (west side of 25th Avenue NW, north of 55th Street NW) G-3a An Ordinance Rezoning certain Property from the R-1 District to the R-3 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. Councilmember Stobaugh moved Marcoux seconded, to adopt the Ordinance as read. Ayes (4), Nays (0). Motion carried. (North of 41st Street NW, East of Douglas Trail, south of the Arboretum.) G-3b A letter from Mr. Robert Wenner was received concerning grading and is on file. Mitzi Baker, Planning Department, stated that if a homeowner has problems with site grading they could contact the Planning Department to find the responsible final party. An Ordinance Amending and Reenacting Subdivision 2 of Section 50.02 of the Rochester Code of Ordinances, Relating to Grading Permits, was given a second reading. Councilmember Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (4), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5584 Rpq �la_r M _tinq� 11 — Mav 17� 1999 Agenda Item G-4a G-4b Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution 349-99 approving an owner contract with Frederick Schmidt and Elcor Construction for Project No. J-9560 "Basic Construction in Emerald Hills Subdivision". Ayes (4), Nays (0). Motion carried. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution 350-99 approving an owner contract with Carriage Homes, Inc., and Fraser Construction for Project No. J-9566 "Basic Construction in Fox Ridge Townhomes". Ayes (4), Nays (0). Motion carried. Having no further business. Councilmember Senjem moved, Stobaugh seconded, to adjourn the meeting. Ayes (4), Nays (0). Motion carried. Deputy City Clerk 1