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HomeMy WebLinkAbout09-05-1978r . 970 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item A-1 C-1 D- 2 D- 3 E-1 E-2 E-3 E-10 President Postier called the meeting to order at 2:00 P.M., the-foll ing members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. Allen moved, Larson second to approve the minutes. of the August 21 and 28th meetings. Ayes (7), Nays (0).. Motion carried. Jim McNary of 411 16th Avenue S. W. wished to be heard regarding the parking situation on 16th Avenue S. W. He urged, -'the. -.Council to re- consider the vote of last time banning the parking :in this area. Larson moved, Strain second to reconsider the vote. Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to adopt the prepared Resolution No. 566-78 banning parking in the morning only on 16th Avenue on both sides from Second Street to Fifth Street between the hr! of 8:00 A.M. to 9:00 A.M. Monday through Friday. Ayes (7), Nays (0). Motion carried. Allen moved, Duffy second to adopt the prepared Resolution No. 567-78 referring the petition for the extension of sanitary sewer and watermain in 21st Street S. W. from 3rd Avenue to 5th Avenue S. W. to the City Public Services. Department for a feasibility report. Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt the prepared Resolution No. 568-78 referring the. petition for Storm Sewer, Curb and Gutter and Sidewalks in 17th Street - 1st and 2nd Avenue areas S. E. to the Public Services Department for a feasibility report. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 569-78 changing the renewal term with Teleprompter Corporation from 10 years to 15 years. Ayes (7), Nays (0). Motion carried. Strain moved, Duffy second to adopt Resolution No. 570-78 approving the extension of a lease for property at 613 7th Street N. W. to Dr. Dale Larson until December 31, 1978. Ayes (7), Nays (0). Motion carried. Allen moved, Larson second to approve the firm of Real Estate Research Corporation to study the needs of the Mayo:,Civic Auditorium at a cost of $15,000. to cover the City's share of the survey's estimated cost. Ayes (7), Nays (0). Motion carried -Res. 570A-78. Preliminary Plat , Peck Wilshire First Subdivision was presented to thl Council. Richard V. Ehrick.1504 13th Avenue N. E. was present and stated that this was not the typical plat. He said the conditions of this plat is unstable. The runoff would be great, the storm sewer would have problems handling all the runoff, and the residents can't rely on the developer to correct this problem once this is platted. He suggested that maybe the best route to go would be to put in a PUD. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item COUNCIL:.. 971. E-10 Vern Volstad, Professional Engineer stated that Storm';Sewer,andySah1ta Sewer and Watermain were included in the plans and that he also prepar ed a drainage map.He feels that this is no different than any other cases, and that the engineer can solve the problems. Alderman Larson pointed out that a former City Engineer had informed him that there-, were trees buried in that area and would cause a sinking problem. This item was carried over until the 7:30 P.M. meeting in order to accomodate citizens that -were informed this item would be on the agenda at that time. D-1 Mr. John Chisholm o.f;.207,;5th Avenue S. W. and Bruce Erickson of 2633 26th Avenue S. E. appeared on behalf of the Board of Directors of Health Maintenance Organization and requested the City of Rochester to write a letter supporting the concept of the establishment of such an organization in the City of Rochester. Th_is^matterwas referred�-to the Committee of the Whole for further discussion. . E-4 Solinger moved, Strain second to approve the request to conduct a Marathon for Non -Public Education to be hel.d_. on Saturday, September 30, 1978 from 9:00 A.M. to 3:00 P.M. This request was received from the Knights of Columbus of Council 1013 in Rochester. Ayes (7), Nays (0). Motion carried. E-5 Allen moved, Larson second to approve the following licenses and bonds Application for an Auctioneer's License received from Harold Peters Kellogg, Minnesota for the year 1978-1979. A Bond in the amount of 500.00 has been furnished. Application received from Daniel J. Vap or an "On -Sale" Non -Intoxicating Malt Liquor License for the Godfathe, Pizza of Minnesota at 1611 16th Street N. W. Ayes (7), Nays (0). lotion carried. E-6 Duffy moved, Allen second to adopt the prepared Resolution No. 571-78 ccepting the bid from Itasca Equipment Company, Minneapolis, Minnesota or the bid of $51,122.00 for a Force feed loader to be used for the emoval of windrowed snow. Ayes (7),Nays .('0). Motion carried. E-7 lien moved, Solinger second to adopt the prepared Resolution No. 572- 8 accepting the bid of Interstate GMC of $25,004.04 for two dump rucks including Chassis, boxes and hydraulic systems. Ayes (7), ays (0). Motion carried. E-9 3owers moved, Solinger second to instruct the City Attorney to prepare n Ordinance ( in draft form ) which would meet the objectives of the ark Board regulating Commercial Tree Firms in the City of Rochester. yes (7), Nays (0). Motion carried. E-11 Ir. John Arnold representing Mr. Brekke , owner of B & B Auto Body hop was present and urged the Council to approve the Metes and ounds Conveyance for Norman Brekke, located at the corner of 4th treet-.and 6th Avenue S. E. Larson moved, Duffy second to table this ntil the Cp ittee of the Whole discusses this. Ayes (7), Nays.(0). otion carries . .'s 972 ' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item E-12 E-13 E-14 E-15 Powers moved, Solinger second to approve a -motion setting a -hearing date for November 6, 1978 on the Annexation Request for 12.4 acres of land located East of 24th Avenue S.'E. in the vicinity of'Parkside Trailer Court. ( Posthumas=-). Ayes:(7), Nays (0). Motion -carried. Strain moved, Allen second to refer the Petition to annex 64.7 acres of land northwest of Country Club Manor between US 14 and 7th Street N. W. to the Committee of the Whole for more information. Ayes (7), Nays(0). Motion carried. Larson moved, Duffy second to approve the Preliminary Plat, Replat of a part of Lot 5 and Lot 6, Block 1, Hendricks Subdivision: with the extension of a 12 inch watermain along 19th Avenue from Valleyhigh Drive. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to approve the Site Acquisition for Junior High School and Park in the vicinity south of 20th Street S. E. adjoining llth Avenue S. E. and will be reflected on the proposed up- date of the Rochester Land Use Plan and that annexation proceedings will commence for the site approximately within 30 days.. Ayes (7), Nays (0). Motion carried. E-16 :Duffy moved, Strain second to adopt Resolutions No. 573-78 and 574-78 ordering a feasibility report and ordering a hearing to be held on October 2, 1978 on Project No. 6107-78A J 8662 Sanitary Sewer and Watermain to serve the West One -Half to the South One -Third of Lot 6, . Block 15, Golden Hill Addition. Ayes (7), Nays (0). Motion carried. E-17 Powers moved, Solinger second to adopt Resolutions No. 575-78 and 576-78 ordering a feasibility report and a hearing for October 2, 1978 on Project No. 7002-0-78A J 8663 Sanitary Sewer in 24th Avenue S. E. from 15th Street to 300 feet North. Ayes (7), Nays (0). Motion carriec E718 Powers moved, Duffy second to table the Removal of Parking along 2nd Avenue N. E. and 12th Street N. E. ( West Silver Lake Drive N. E. ) until the next meeting. Ayes (7),-Nays (0). Motion carried. E-19 Solinger moved, Strain second to adopt the prepared Resolution No. 577-78 amending paragraph (22.5) of Section B, No Parking Zones to read- Elton Hills Drive N. W. on both sides from North Broadway to Viking Drive at all times. Ayes (7), Nays (0). Motion carried.. E-20 3owers moved, Larson second to adopt the prepared Resolution No. 78=78 awarding the low bid of $67,203.85 of Fraser Construction ompany,for Project No. 5619-78 J 8646 Grading and Surfacing, Concrete urb and Gutter in loth Street S. E. 16th to 17th Avenue , Rough rading and Watermain in 17th Ave., loth St. to Fr. Rd. Storm Sewer �Oth Street and 17th Avenue to 330 Feet North. -Ayes (7), Nays (0). otion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 973 CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item E-21 Larson moved, Strain second to adopt Resolution No. 579-78 awarding the low bid of $16,.320.15 to Doyle Conner Company, Rochester Minn. for Project No. 7812,,J 4233-17 Replacement of Flood Damaged and other miscellaneous sidewalk and Curb and Gutter. Ayes (7), Nays (0). Motion carried. E-22 Strain moved, Larson second to adopt Resolution No. 580-78 awarding the low bid of $30,629.50 to Fraser Construction Company, Rochester, Minnesota for Project No. 7809-J 8648 Sanitary Sewer and Watermain Ex- tension to the Covered Wagon Motel in the SW 1/4 Section 6 Marion Township. Ayes (7), Nays (0). Motion carried. E-23 Powers moved, Larson second to adopt Resolution No. 581-78 approving an agreement for engineering services for Project No. 6222-4-78 J 8657 Construction of a Sanitary Sewer, Storm Sewer, Watermain, Sewer and Water Service Connections, Street Grading, Base, Bituminous Paving and Concrete Curb and Gutter on 22nd Street N. W. in Replat of Lots ,2,3,4 and Part of Lot 5, Block 1, Hendrick's Subdivision. Ayes (7), lays (0). Motion carried. E-24 3owers moved, Allen second to adopt Resolution No. 582-78 approving he Maintenance Agreement between the State of Minnesota and the City f Rochester, Minnesota of trunk highways within the corporate limits f the City. This is for 3.858 miles of highway for which the City ill be paid $7,959.05. Ayes (7),Nays (0). Motion carried. E-25 Solinger moved, Strain second to approve the Personnel Advisory ommittee's recommendation to deny the Reclassification of the Deputy ity Clerk and approve the leave of absence ( Maternity Leave ) or Marie Roberts, Personnel Department. Ayes (7), Nays (0). Motion arried. Solinger moved, Strain second to allow a meritorious increase or Legal Secretary, Laurie Light but refer the matter to the Committer f the Whole to see if this is allowed in our City policy. Ayes (7), lays (0)..� Motion carried. E-26 Strain moved, Allen second to approve payment to McGhie and Betts .n the amount of $7,593.23 and payment to Allstate Paving, Inc. in he amount of $310,697.91 and authorize the Mayor and City Clerk to xecute the necessary forms for submittal to the Department of Aeronau- 'cs. Ayes (7), Nays (0). Motion carried. E-27 uffy moved, Powers second to adopt Resolution No. 583-78 ordering a feasibility report and ordering a hearing for October 2, 1978 on .roject No. 6222-4-78A J 8665 Grading and Surfacing, Curb and Gutter nd Watermain in 22nd Street N. W. from 32nd Avenue N. W. to the East r ine of Hendrick's Subdivision. Ayes (7), Nays (0). Motion carried. E-28 train moved, Allen second to approve the purchase of Property at 501 th Avenue S. E./ Eugene Hager for the sum of $25,000. Ayes (7), ays (0). Motion carried. 974 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item E- 29 F-1 F-1 F-1 Allen moved, Powers second to adopt the prepared Resolution No. 584- 78 awarding the contract for construction of a T=Hangar Taxiway for the Rochester Municipal Airport to Rochester Sand and Gravel and instruct the Mayor and City Clerk to execute MN/DOT From 8040. Ayes (7), Nays (0). Motion carried. The amount is $7,669.00. Am -:Ordinance Regulating the use of City parking lots; imposing penalties for violation; amending Rochester Code of Ordinances by adding Section 201.070, was given its second reading. Powers moved, Duffy second to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning property located between 505xand 511 17th Avenue N. W. from R-lFF to B-4FF ( Vogel Sign ) was given its second reading. Allen moved,Larson second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance relating to the disposal of refuse and imposing penalties for violations; adding R.C.O. 5130.960, was given its second reading. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to on -sale intoxicating liquor licenses and certified financial reports; amending Rochester Code of Ordinances S160.270 was given its second reading. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Strain second to adopt Resolution No. 585-78 approving a resolution of the Public Utility Board awarding $2,835.00 contract to Westinghouse Electric Corporation for furnishing Rebabbit 1 generator "bearing for Unit # 3.Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 586-78 approving a resolution of the Public Utility Board awarding $26,000.00 contract to Westinghouse Electric Corp. for furnishing Rebabbit 4 turbine bearings.for Unit # 3. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 587-78 approving a resolution of the Public Utility Board awarding $3,762.00 contract to M6bil:0il Co. for furnishing 2,475 gallons of Mobil # 797. Ayes (7) Nays (0). Motion carried. F-1 Larson moved, Strain second to adopt Resolution No. 588-78 approving resolution of the Public Utility Board awarding $2,500. contract o Nalco Chemical Company for furnishing 35 cubic feet of HGR-W2 resin Ayes (7), Nays (0). Motion carried. F-1 3owers moved, Larson second to adopt Resolution No. 589-78 approving resolution of the Public Utility Board approving Amendment No. 1 to he contract with Westinghouse Electric Corporation for furnishing a tuber Valley electrical equipment for a total amended contract cost f $214,491.00. Ayes (7), Nays (0). Motion carried. i� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 9"75 CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978. Agenda Item F-1 Allen moved, Larson second to adopt Resolution No. 590-78 approving a resolution of the. Public Utility Board awarding $6,780.00 contract to Nietz Electric and Appliance Co. for furnishing electrical in- stallation of opacity monitors. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Larson second to adopt Resolution No. 591-78 approving a resolution of the Public Utility Board awarding $2,200.00 contract to Hawk and Sons for furnishing and installing transmissometer mount- ing flanges for Units # 1,# 2, # 3, and # 4. Ayes (7), Nays (0). Motio carried. F-1 Duffy moved, Powers -;second to adopt Resolution No. 592-78 approving a resolution of the Public Utility Board awarding $10,300.00 contract to High Voltage Maintenance Corporation for relay testing at Bamber Valley , Willow Creek and Cascade Creek Substations. Ayes (7), Nays (0).Motion carried. F-1 Powers moved, Duffy second to adopt.Resolution No. 593-78 approving a resolution of the Public Utility Board awarding $5,000. contract to Ulteig Engineers for furnishing engineering services to establish an electric system data base. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Allen second to adopt Resolution No. 594-78 approving resolution of the Public Utility Board awarding $5,000.00 contract to Power Technologies,. Inc. for furnishing computer services for -- short circuit and load flow studies. Ayes (7), Nays (0). Motion carried. F-1 olinger moved, Strain second to adopt Resolution No. 595-78 approving resolution of the Public Utility Board awarding $258,353.00 contract o Westinghouse Electric Corporation for furnishing 14 terminals of ilot relaying. Ayes (7), Nays (0). Motion carried. F-1 arson moved, Powers second to adopt Resolution No. 596-78 approving resolution of. the Public Utility Board authorizing contract agreemen ith Chicago and North Western Transportation Co. for furnishing a oncancellable license to install a 13.8 KV underground duct crossing t Cascade Creek. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Solinger second to adopt Resolution No. 597-78 approving resolution.of the Public Utility Board awarding $47,000. contract o Neumann Co. Contractors, Inc. for repainting two water towers. yes (7), Nays (0). Motion carried. F-1 uffy Moved, Larson second to adopt Resolution No. 598-78 approving resolution of the Public Utiltiy Board awarding $2,407.98 contract o Boustead Electric Mfgr. Co. for furnishing pulverizer parts for Unil o. 2 at the Silver Lake Plant ( Revised purchase order ). Ayes (7), ays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 599-78 approving . 97G-. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item F-1 an Owner.Contract with The Kruse Company,Inc.-and Leon Joyce Construct ion Company for basic construction in Meadow Park Second Subdivision. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Allen second 'to adopt Resolution No. 600-78 approving Plans and specifications with Valley Enterprises of Rochester and Fraser Company, Inc. prepared by McGhie and Betts for Watermain Ex- tensions to Serve Westwood First Subdivision. Ayes (7), Nays (0). Motion carried. H-1 Allen moved, Solinger second to hold a dinner meeting on September 11, 1978 to discuss Public Utility matters. Ayes (6), Nays (1). Alderman Duffy voting nay. Motion carried. H-2 Strain moved, Allen second not to issue the sale of Industrial Revenue Bonds for the retail and commercial portions of the Pine Landmark Structure or as an alternative and the use of a tax exempt mortgage; either of which would meet requirements and safe guards set up by our State Legislature for downtown renewal area under a tax increment program and instruct the staff not to continue with further negotiatioi at this time. Ayes (7), Nays (0). Motion carried. H-3 Allen moved, Duffy second to hold the tabled items over until the meeting reconvenes at 7:30 P.M.and instructed the President of the Council not to allow any more public discussion on these topics. Ayes (7), Nays (0). Motion carried. Having no further business, Allen moved, Duffy second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: Aldermen Allen, Duffy,Larson, Powers, Solinger and Strain. Absent: None. B-1 A Hearing on the Petition to Rezone the proposed Target Store Site from R-1 to B-4FF.Wishing to be heard was George Kerr, Attorney repree senting the land owners and urged the Council to approve this petition He stated this land can't be used for residential, consequently it has to be used for something else. Wishing to be heard was Bruce Elbr.ight, President of Target Stores, and he stated that Target wouldn't permit the store to flood the neighbors and that they went by the Engineers involved, Corp of Engineers etc. for recommendation to build on this site. He realized that the store would hopefully generate traffic, however:he feels this problem can be solved, Target has negotiated and hopes they can come up with a good plan to keep everyone happy. Wishing to be heard was Dr. Young ,1104 7th Avenue S. W. and he objects to this because of the traffic problem that may generate on the 7th and 8th Avenues S. W. Dick Rudd was present and represented the labor organizations in Rochester and supports the rezoning. He stated this would be good for Rochester as it would create more jobs for people and would create new construction L Agenda Item B-1 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON. COUNCIL: CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 lishi,ng-to be heard was James Solomen of 2701 Salem Road S. W. and ,epresented the Citizens Group for .Greater Rochester and was against :he petition. Don Frerichs, Chairman of the Rochester Town Board ,tated he was neither for or against the project, but would have to et the experts, both in flood and traffic guide the decision makers iut did concern his personal concern over the traffic that may be ienerated. Dr. Joseph Szurszewski of 911 11 1/4 St. S. W. presented slides on the traffic flow that citizens had gathered and statistics :hat were arrived at from this study. He is against the petition. ;len Sizemore of 1966 Westfield Ct. S. W. presented a slide showing if the roadways and had employed a traffic consultant to study the leak hours of traffic and how this would increase with Target building in the site. He urged the Council not to approve the petition. Sue .ogers of 1101 11 1/2 Avenue S. W. wants Target in Rochester, but not in this site. Harry Hoffman of 2525 Hillside Lane illustrated the :raffic flow and stated that a bridge would be needed and is against :his petition. Harriet Ralston of 610 Memorial Parkway was against :he rezoning. Sheldon Johnson of Barton Ashman and Associates , 'raffic Consultant for Target and stated that according to the State if Minnesota Highway Department of Transportation and County 'raffic Engineer, no problems should occur from operating Target from .his site, the roads should be able to handle the traffic. Priscilla Ihite of 502 16th Street S. W. urged the Council to deny the petition. Ir. James Chesebro of 2217 Balsom Ct. wanted a projection of accidents his would create. James Bench of 1508 4th Avenue S. W. was opposed .o this. Lois Link of 504 21st St. N. E., stated that even tho she ,as from a different area of town, she shared the concerns.of the itizens who may be flooded;:out by putting Target on this site and s against. She would welcome Target on another site. Scott Martin f Planning and Zoning Department stated that a Target has offered o pay for the costs of inproving the traffic by building alternative oads. The Planning and Zoning Staff recommended this for a B-4 and hat if this land is not zoned B-4FF then the Council should be aware f other alternatives for this land use. Alderman Strain stated that 0% of the City is in the flood fringe. Wishing to be heard was Wally acher of 979 11 1/4 St. S. W. and questioned if the Army Corp of ngineers was in favor of building in a flood fringe. Cynthia Daube 130 6th Street S. W. wondered if the annexation had its second readin et. She was told that the Ordinance would have its second reading ater this evening. Bill Wiedeman of 2606 Crest Lane and represented he Zumbro Valley Neighborhood Association is opposed. Ery Miller f 921 3rd Avenue S. E. represented some of the citizens from S. E. nd is opposed to this petition. Bob Reiland of 914 11 1/4 St. S. W. ould like to see replys of the State and County traffic engineers whe hey see the figures of the traffic flow that was presented earlier rom Dr. Szurszewski. Wishing to be heard was Jessie Howard of 1107 th Avenue'S.W. and stated they have 3,890 cars going past their treet every day now, and is opposed to another store going in on he site. Willard Knapp of 730 5th Street S. W. was opposed to this etition.- John Dickman of 16th Street S W. stated pedestrians have h rd time crgyd ng tie street to enter Apache Mall and states additi n- 1 raffic wou e a azard. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 B-1 Dr. Szurszewski wished to be heard, and stated to the Council that they please consider the figures they presented and thanked the City Council for the patience they extended during these hearings. Having no one else that wished to be heard, President Postier closed the hearing. After discussion by the Council, Powers moved, Solinger second to proceed with the rezoning to B-lb and that Target should submit a Planned Unit Development for this store. Upon roll call vote, Aldermen Allen, Duffy, Larson voted nay. Nays (3). Aldermen Powers, Solinger and Strain and President Postier voted aye. Ayes (4), Motion carried. B-2 A Hearing on the Petition to amend the Land Use Plan from Low Density Residential Use to Industrial Use for the vicinity between 5th Street S. E. and 7th Street S. E. immediately west of 3rd Avenue S. E. Wish— ing to be heard was Jim Suk, representing Fullerton Lumber Company and stated that this land is adjacent to the present land and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing.' Duffy moved, Larsoi second to approve the petition. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Petition to vacate a portion'of 3rd Street S. W. West of 9th Avenue S. W. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to proceed and instruct the City Attorney to prepare a resolution vacating the street. Ayes (7), Nays (0). Motion carried. B-4 AjHea M.ng?on the Santiary Sewer Extension in 15th Street N. E. from a point 375 _feet east of 15th Avenue N. E. to the Viola Road and on the.Viola Road from 15th Street N. E. to a point approximately 550 feet north of the south line of the NW 1/4 Section 30, Haverhill Township. Dale Morris of 1905 Viola Road N. E. was present and wanted more information, but has no objections at this point. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Strain second to adopt the prepared Resolution No. 601-78 ordering the project to be made. Project No. 7811-78 J 8659. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Project No. 6222-4-.78 J 8657 Construction of a Sanitary Sewer, Storm Sewer , Watermain ,Sewer and Water Service Connections, Street Grading, Base Bituminous Paving and concrete Curb and Gutter on 22nd Street N. W. in Replat of Lots 1,2,3,4 and Part of Lot 5, Block 1., Hendrick's Subdivision. .Doug Betts, Engineer for I0I wished to be heard, and he wanted to know if this project would be put on both sides of the street and if both property owners were notified. Mr. Roger Plumb, City Engineer stated that the project would include both sides and the City Clerk indicated that both property owners were notified. Having no one else present that wished o be heard, President Postier closed the hearing. Duffy moved, �owers second to adopt the prepared resolution No. 602-78 ordering* he project to be made. Ayes (7), Nays (0). Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNQL S-79 CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 Agenda Item B-6 A Hearing on the Final Plat, Replat No. 2 of Lot 2, Block 1, Penningtoi Business Park. Having no one present that wished to be heard, Pres- ident Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 603-78 adopting the Plat. Ayes (7), Nays (0). Motion carried. E-8 Strain moved, Allen second to approve the semi-monthly bills in the amount of $383,237.65 ( list attached ). Ayes (7), Nays (0). Motion carried. E-10 Preliminary Plat , Peck Wilshire First Subdivision was continued from the meeting at 2:00 P.M. George Brum, Developer of this project as present for any questions the Council may have. He stated that if they had problems, they could be worked out. Roger Plumb, City Engineer stated that large trees were put in as fill, and would not recommend that this be used for construction. Carlton Penz, 1800 Hiiawatha_,Ct. stated that he did not bury any,wood at this site. Roger Plumb: also stated that street maintenance is impossible at a 10% grade. Harold Whiting was present and stated that he thought the wood was burned but is opposed to this project. Michael Kaye of 1704 Teton Lane stated they are troubled over the water problem. Powers moved, Duffy second to deny this until we get soil borings and they can be reviewed. Ayes (7), Nays (0), Motion carried. G-1 Powers moved, Strain second to remove the Application for approval f a Planned Unit Development ( Concept Statement ) for the proposed Target Store to be located west of U.S. Highway 14 and South of CSAH 8 on land zoned B-lbFF ( Neighborhood Business Flood Fringe ) from he table. Ayes (7), Nays (0). Motionccarried. Powers moved, Strain second to approve the concept statement subject to the following 7 improvements 1. Off-street parking facilities must meet minimum ode requirements as determined by eligible gross retail flood area. . Concrete curb medians with suitable landscaping shall be provided throughout the parking lot to channel traffic into specific parking isles and to improve the aesthetics of the project. 3. Double -bay arking aisle widths shall be increased from 56 feet to 60 feet to alli For easier parking. 4. The angle of intersection for the Greenview Drive/Access Drive intersection shall be improved%to 900 for safety reasons. 5. Necessary drainage improvements shall be addressed on the reliminary Plan with cost of these improvements to be shared by the eveloper and other benefiting ,property owners. 6. All recommended ransportation facility changes needed as a result of this development hall be paid for by the developer, either in part or in whole to e determined by the Common Council as part of the PUD. 7. Access nto County Road 8 is controlled by the Olmsted County Board of ommissioners. A legal agreement should be drawn up between the County nd Target regarding this access, prior to filing the Preliminary Plan pplication. After Roll Call vote, Aldermen Allen, Duffy, Larson, oted nay. Nays (3). Aldermen Powers, Solinger and Strain and Presideni ostier voted aye.Ayes (4). Motion carried. 980 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �ITY OF ROCHESTER MINNESOTA Meeting No. 3 September.5, 1978 Agenda Item G-2 Powers moved, Duffy second to remove the Application for approval of a Planned Unit Development ( Concept Statement ) to be.known as Miner Heights 7th Subdivison located at the northern extension of 19th Avenue N. E. Allen moved, Powers second to approve the concept statement. Ayes (6), Nays (1). Alderman Duffy voting nay. Motion carried. G-3 Strain moved, Allen second to remove the item Removal of Parking along Fourth Street S. E. for Left Turn Lanes at llth Avenue from the table. Ayes (7), Nays (0). Motion carried. Allen moved, Duffy second to approve this and instruct the City Attorney to prepare a resolution for approval. Ayes (7), Nays (0). Motion carried. Res. 603A-78. G-4 Larson moved, Duffy second to remove the Appeal from the decision of the Zoning Board of Appeals to deny the application to allow a duplex on a lot having a lot depth.of 134 Feet instead of the maximum of 100 feet allowed by the Zoning Code located in the 1700 Block of 3rd Avenue N. E. from the table. Ayes '(7), Nays (0). Motion carried. Larson moved, Powers second to over -rule the decision of the Zoning Board of Appeals. Upon roll call vote, Aldermen Duffy, Strain and President Postier voted nay. Nays (3). Al,dermen Allen, Larson, Powers and Solinger voted aye. Ayes (4). Motion carried. F-1 An Ordinance Annexing to the City of Rochester 12.79 acres in Section 10, Township 106 N, Range 14West to be known as the Target Store, north of the Hoffman House was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (4), Nays (3). Aldermen Allen, Duffy, and Larson voting nay. Motion carried. F-1 An Ordinance Rezoning certain Property and amending Ordinance No. 1659 known,;as the Zoning Ordinance of the City to B-lb Neighborhood Busines! District - Flood Fringe - Target Store,.property north of the Hoffman House - was given its first reading. F-1 Strain moved, Powers second to adopt Resolution No. 604-78 amending the Land Use Plan for the vicinity between 5th Street S. E. and 7th Street S. E. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Allen second to. adopt Resolution No. 605-78 approving a vacation of a street ( Third Street S. W. in Blocks 41 and 42 in Head and McMahon's Addition. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Strain second to adopt Resolution No. 606-78 Rela•ti•ng•:to a $730,000 Commercial Development Revenue Note; Authorizing the Issua thereof pursuant to Minnesota Statutes Chapter 474. - 7 - Up Bottling Company. Ayes (7), Nays (0). Motion carried. ving no further business, Powers moved, Larson second to adjourn the eting. Ayes (7), Nays (0). Motion carried. City Clerk Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 13 - September 5, 1978 nformation - September 5, 1978: Minutes of the Standing Committee - 8-14-78 2. Minutes of the Standing Committee - 8-21-78 3. Notice of Claim, Lorraine Miller, Austin, Mn. ( Referred to the Attorney, Insurance and Public Services ) . Notice of Lawsuit, T.L.C.Nursing Centers vs. City of Rochester t.al,( Referred to the City Attorney ) 5. Notice of Claim, Lorrain Grim, 2nd Avenue N. E. ( Referred to ttorney, Insurance, and Public Services. ) 6. Summons in application for registration of land, Mayo Foundation ( Referred to the City Attorney ) 7. Referred to Planning and Zoning. a. request to annex 32.02 acres of land to the City ( Johnson, Drake and Piper. ) 0