HomeMy WebLinkAboutResolution No. 156-10 V-7
• RESOLUTION
WHEREAS, on March 2, 2009, the Common Council of the City of Rochester adopted
Resolution No. 092-09 indicating its opposition to the construction of noise walls at the NW and
SW quadrants of the 20th Street S.E., and 11th Avenue S.E., intersection based upon the
unreasonableness of constructing noise walls to mitigate noise levels that will be present with or
without the project; and,
WHEREAS, Resolution No. 092-09 also indicated the City's support for the construction
of a noise wall at the SE quadrant, excluding the 11th Avenue S.E., frontage, based on the
opinions of the affected property owners and the reasonableness of mitigating noise increases
that will occur as a result of the project; and,
WHEREAS, since March 2, 2009, The Willows Association has indicated its desire to
avoid paying any roadway charges and willingness to release the City from any obligation to
build the noise wall; and,
WHEREAS, the City staff has now indicated that no noise wall should be constructed at
this location due the lack of noise mitigation and the unreasonableness of constructing noise
walls to mitigate noise levels that will be present with or without the Project.
• NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that Resolution No. 092-09 be amended so as to indicate the City's opposition to the
construction of noise walls as part of the 20th Street S.E., Project.
BE IT FURTHER RESOLVED that the City approve of and execute a Supplement to The
Willows Development Agreement eliminating the payment obligation for 20th Street S.E., upon
the elimination of the noise wall from the 20th Street S.E., project.
The Mayor and City Clerk are authorized to execute the Supplement on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS J9TH D OF h�ciec.� 12010.
i
J ATTEST: PRESIDENT OF SAID COMMON COUNCIL
��r�/,�c��C�
CITY CLERK
APPROVED THIS 00rx DAY OF .9&6 12010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\AmendRes.2
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