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HomeMy WebLinkAbout10-06-1980RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL J.441 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers and Solinger. Absent: Alderman Strain. Powers moved,.Allen:second to approve the minutes of the September 29, 1980 meeting. Ayes (6), Nays (0). Motion carried. C-1 The Charter Change regarding the Board of Equalization Section 43 and 44 of the City Charter was held over until a full Council is present. Unahimous-decision of the Council is needed for adoption of the proposed change. E-1 Jack Holt ,-President of the Campbell Hotel 407 15th.Avenue S. W. was present regarding the.Extension.of Phase I Agreement with the Campbell Hotel. He stated that the reason this project is stalled is the parking problem. He stated,they need time to negotiate with the development and the City. Wishing to be heard was Lee Johnson of 907 Valkyrie Lane N. W. Mr. Johnson represents Custom Communicat- ions of 313 1st Avenue S. W. and stated that he cannot'move'his bus- iness or expand his business until the parking problem is solved with the Campbell Hotel .....He objects to any additional time expansions of this project. Stevan Kvenvold, City Administrator stated that he too is concerned about the time limits and stated that he is not very optimistic about securing parking. Mr. Fred Suhler, Jr. City Attorne; stated that there is no easy solution. After discussion by the Counci Allen moved, Duffy second to adopt Resolution No. 527-80 extending thi agreement of Phase I for 30 days and Mr. Holt will meet with the Committee of the Whole.: Ayes (6), Nays (0). Motion carried. E-2 Duffy moved, Powers second to adopt the following licenses and bonds: Holiday Station Stores, Inc. of 805 South Broadway for license to sell cigarettes. Myhrin K. Grudem, Grudem Brothers Company of St. Paul requests approval of a Master Plumbers License. The State bond is on file. Rochester Lions Club requested a single gambling license for December 17,.1980 for a raffle at the Kahler Hotel. The Council granted them waiver of the $10,000.00 bond requirement. The Friends of the Chateau, Inc. requested approval of an application for a Temporary On -Sale 3.2 Beer License from October 10 -15, 1980 at the Olmsted County Fairgrounds. Wallace Klopp of the Pine Island Cheese Mart requested a license for an On -Sale 3.2 Beer for an establishment at-1239 Second St. S. W. The request for an Off -Sale Beer License for Wallace Klopp at 1239 Second St. S. W.-was not approved by the Council. Ayes (6), Nays (0). Motion carried. E-3 Duffy moved, Solinger second to adopt Resolution No. 528-80 awarding the low bid of.$6,535.00 for a One Ton Chassis for the Sewer Collect- ion Division of the Public Services Dept. Clements Chevrolet wasthe low bidder. Ayes (6); Nays (0). Motion carried. E-4 Powers moved., Larson second to adopt Resolution No. 529-80 authorizini the t ty'-Cferk to advertise for bids for roof replacement at City Hal 1442 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-4 E-5 E-6 E-7 E-9 E-10 E-11 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 and the Rochester Art Center. Bids to be opehed at 10:00'�A.M.-October 20, 1980. Ayes (6), Nays (0). Motion carried. Powers moved, Duffy second to approve the semi-monthly Accounts payable in the amount of $1,459,857. ( List attached ). Ayes (6), Nays (0),-Motion carried. Solinger moved, Duffy second to adopt Resolution No. 530-80 authorizilig the City Clerk to advertise for bids on furnishing (7). patrol cars and one station wagon for,the Police Department. Bids will be opened at 11:00 A.M. on October 28, 1980. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 531-80, 5321-80, 533-80 and 534-80 assigning the additional securities to the following banks and financial institutions: Rochester State Bank, Rochester, Minnesota; Marquette Bank and Trust, Rochester, Minnesota; Northwestern National Bank, Rochester, Minnesota and Reliance Savings and Loan Association, Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. Steve Barton, Employee of the Rochester.Public Utility Department requested a Waiver of Residency requirement on-his.:own:behalf. Speaking for Mr. Barton was Peter Ekstrand of Wabasha, Minnesota and stated that Mr. Barton was never late to work because of the distance and that the Supreme Court of the State of Minnesota says that a City residence requirement is O.K. , but a County one is questionable. He urged the Council to approve the waiver. Having . discussion by the Council, Larson moved, Duffy second to deny the request for a waiver. Ayes (6), Nays (0). Motion carried. Powers moved,'Solinger second to adopt Resolution No. 535-80 approvin a letter of agreement modifying the terms and conditions of a contrac with. Local 34 of the International Union of Operating Engineers to provide for 12 work shifts for plant operator and relief operators employed at the Water Reclamation Plant. Ayes (6), Nays (0). Motion carried. Solinger moved, Powers second to approve flat located at 32nd Ave. N. W. and Valley Ayes (6), Nays (0).. Motion carried. the application for a prelimi1nary High Drive ( T. Emil Gauthi r ). Powers moved, Allen second to approve the application for a PUD ( Preliminary Plan ) located at 10th' Lane and 37th Street N. W. (Robert Robertson ) subject to the following conditions: Driveways should be aligned to form approximate right angles to the street or service drive; 2. Provide sidewalk easement at west end of the existing cul-de-sac; 3. Provide 8' wide paved bike path along site on south side of 37th Street; 4. Submit details of the sign with final plan . William Voelker of Builders Land stated that 100 Ft. ROW is dedicated right now on 37th Street and Builders Land had 50 feet o7 that ROW dedicated from their property which is ample. Ayes (6), Nays (0). Motion carried. E-:12.. IDuffy moved, Powers second to adopt Resolution No. 536-80 approving RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 'CITY OF ROCHESTER, MINNESOTA Regulat Adjourned Meeting No. 16 - October 6, 1980 Agenda Item E-12 the Metes and Bounds.Conveyance of Unplatted Lands known as the Badger Sewer and Water Property located -at the southeast corner of Third Ave, N. W. and 37th Street N..W. Ayes (6), Nays (0). Motion carried.. E-14 Allen moved, Solinger second to adopt Resolution No. 537-80 authoriz- ing the City Clerk to advertise for bids on Project No. 6300-N-80B J 8719 Watermain extension along the east side of Trunk Highway No. 63 from a point 100 feet north of the centerline of Northern Hills Drive N. E. to a point 210 feet south of the extension of the centerline of 27th Street N.. E. Bids to be opened at 11:00 A.M. on October 29, 1980, Ayes (6), Nays (0). Motion carried. E-15 Duffy moved., Solinger second to authorize the change -An Adult• Crossiinc Guard schedules as follows: 1. 18th Avenue N.W. @ Cascade Street 7:50 A.M. - 8:30 A.M. 2:45 P.M. - 3:40 P.M. 2. 14th Street @ 13 Avenue N. W. 7:30 A.M. - 8:30 A.M. 2:50 P.M. -.3:30 P.M. Ayes (6), Nays (0). Motion carried. E-16 Solinger moved, Larson second to adopt Resolution No. 538-80 adding paragraph (223.5 ) of Section B, No Parking Zones to read: Nineteenth Street Northwest.on the North Side from the West Frontage Road T.H. 5, to Eighteen One Half Avenue and the South Side from the West. Frontage Road T.H. 52 to a point 400 feet more or less West of said Frontage Road, at all.times. Ayes (6), Nays (0). Motion carried. E-17 Duffy moved, Powers second to adopt Resolution No.,$39-80 authorizing the following temporary street closures 1. St. Pius School. 13th Avenue N.W. from 12th Street to 14th St. between 9:30 A.M. to 2:30 P..M. 2.. St. John's School; Central. Junior High School 5th Ave. S.W. from Center. Street to First St. S.W. between 7:30 A.M. to 3:15 P.M. 3. Hawthorne School Fifth Avenue S. E. from 7th St. to 8th St. between the hours of 8:00 A.M. to.3:30 P.M..4. Holmes School - loth Ave. S.W. from Center.S.treet to, First Avenue S. E. from 7:30 A.M. to 4:00 P.M. Ayes (6), Nays (0). Motion carried. E-18 Duffy moved, Powers second to adopt Resolution No. 540-80 amending .paragraph (131.7) of Section B No Parking Zones to read: 6th Street S.W. on the north side from .2nd Avenue to 3rd Avenue at all times and on the south side from 2nd Avenue to 4th Avenue between 7:00 A.M. and 6:00 P.M. Monday through Friday. Ayes (6), Nays (0). Motion carried. E-19 Powers moved, Larson second to adopt Resolution No. 541-80 amending the paragraph (23) of Section E Passenger Loading Zones to read: First Avenue S. E. on the east side 23 feet more or less in front of,the premises known as 10 First Avenue S. E. between the hours of 11:00 A.M. and 1:00 A.M. 7 days a week. ( one stall - Peking Restaurar Ayes (6), Nays (0). Motion carried. E-20 Duffy moved, Larson second to adopt Resolution No. 542-80 amending paragraph (26_) of Section E. Passenger Loading Zones to read: First Avenue S. W. on the East side 36 feet more or less in front of i premises known as 216 1st Avenue S. E. ( The Bank Restaurant ) from :00 P.M. to 1:00 A.M. One minute limit Ayes (6),'Nays (0). Motion Carried, 144 1444 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular -Adjourned Meeting -No. 16 - October 6, 1.980 Agenda Item E-21 Duffy moved, Solinger.second to adopt. Resolution No. 543-80 and 544- 80 adding paragraph (12) of Section C, Special Parking Zones to read (12) 7th Avenue S. W. on the east side from 7th Street to a point 100 feet more or less north of 7th Street, from 8:00 A.M. to 5:00 P:.M. School Days, Buses Only. and Amend Paragraph (90) of Section E, Pass- enger Loading Zones to read (90) 7th Avenue S. W..of the east side, f om a point 100 feet more -or less north. of 7th Street.to 6th Street from 8:00 A.M. to 5:00 P.M. School Days only, Five minute Limit. Ayes (6), Nays (0). Motion carried. E-22 Powers moved, Larson second to adopt Resolution No..545-80 deleting paragraph (66):of Section E Passenger Loading Zones - Ayes (6), Nays (0). Motion carried. E-23 Solinger moved, Allen second to adopt Resolution No..546-80 and 547- 80 ordering a hearing on the proposed assessment - Project No. 6009- 10-79 J 8697 Concrete Curb -and Gutter on 30th Street N. W. in Crescent Park loth Sub. Date of hearing is to be held on October 20, 1980 at 7:30 P.M. Ayes (6), Nays (0). Motion carried. E-24 Solinger moved, Powers second to adopt Resolution No. 548-80 and 549-80 ordering a hearing on the proposed assessment - Project No. 7906 J 8691 Extension of Sanitary Sewer and Watermain from 16th Avenue N. W. to serve the U-Haul Property on Lot 9, Auditors Plat "D". The Hearing will be October,20, 1980 at 7:30 P.M. Ayes (6), Nays (0). Motion carried. E-25 Duffy moved, Powers second to adopt Resolution No. 550-80 and 551-80 ordering a hearing on the proposed assessment - Project No. 6705 1-79 J 8694 - Sanitary Sewer and Watermain and Service Connectors Stu - bed into the Boulevard in Valkyrie Lane to Serve Portions of Lot 6, Block 1 and Lot 1, Block l Valhalla lst Sub. The hearing will be Oct. 20, 1980 at 7:30 P.M. Ayes (6), Nays (0). Motion carried.. E-26 Larson moved, Allen second to adopt Resolution No.�552-80 and 553-80 ordering a hearing on the proposed assessment - Project No. 7002-0-78 J 8663 Sanitary Sewer Ext. in 24th Avenue S. E. from 15th St. S. E. t a point 300 feet North and Project No. 7002-0-79 J 8695 Ext. of Sanitary Sewer in Melody, Mayfair and Mayhi.11.. Streets S. E. from 24th Avenue S.E. to west Line of Marvale Sub. and also a previously deferred assessment 7002-0-70 S.:E. Trunkline San. Sewer. Date of Hearing will be October 20, 1980 at 7:30 P.M. Ayes (6), Nays (0). Motion carried. E-27 Larson moved, Powers second to adopt Resolution No. 554-80 and 555-80' ordering a hearing on the proposed assessmention Stdewal-AN Replacement Project No._l - 1979 J 8634. Date of hearing will be October 20, 1980 at 7:30 P. M. Ayes (6), Nays.(0) Motion carried. E-28 Solinger moved, Powers second to adopt Resolution.No. 556-80 app,rovi.n a Supplemental Agreement No. 6 for Project No. 6207-4-75 wit Doyle C nner in the amount of $2,602.00 Ayes (6), Nays (0). Motion carrie�. RECORD OF ' OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 1445 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 Agenda Item E-29 Allen moved, Larson second to adopt Resolution No. 557-80 approving the Supplemental Agreement No. 7 for Project No. 6207-4-75 With Doyle Conner Construction in an amount not to exceed $1,006.80. Ayes (6), Nays.(0). Motion carried. E-30 Larson moved, Allen second to adopt Resolution No. 558-80 approving the Supplemental Agreement•No. 1 for Project 7904-1-79 with Fraser Construction Company in an amount not to exceed $10,686.60. Ayes (6) Nays (0). Motion carried. E-31 Duffy moved, Solinger second to adopt Resolution No. 559-80 approving the Supplemental Agreement No. 2 for Project No. 6802-0-78 with Leon Joyce in an amount of $11,675.00. Ayes (6), Nays (0). Motion carried E-32 Powers moved, Solinger second to adopt Resolution No. 560-80 approvinc a Supplemental Agreement No. 1 for Project No. 7200-0-76 with North " Central Underground in an amount of $97,897.95. J 4862. Ayes (6). Nays (0). Motion carried. E-33 Duffy moved,. Solinger second to adopt Resolution No. 561-80 approving a Supplemental Agreement No. 2:for Project No. 7200-0-76 with North Central Underground in an amount of $6,124.55 J 4862. Ayes (6), Nays (0). Motion carried. E-34 Duffy moved, Allen second to adopt Resolution No. 562-80 approving -a Supplemental Agreement for Project No. 7911-1-79 with,Larson Construct ion Company in an amount not to exceed $1,350.00 J 2501. Ayes (6), Nays (0). Motion carried. E-35 Duffy moved, Powers second to adopt'Resolution No. 563-80 approving Supplemental Agreement No. 3 for Project 6311-1-79 J 8673 with Doyle Conner Company in an amount of $1,540.00. Ayes (6), Nays (0). Motion carried. E-36 Allen moved, Solinger second to approve Supplement No. 12 to the existing License Agreement to re.locate.the existing Glide Slope and Runway Visual Range serving Runway-31. The License Agreement No. FA 67CE-4023. Ayes (6), Nays (0). Motion carried. E-37 Duffy moved, Allen second to approve the following periodic estimates for the Rochester Municipal Airport. 1. Weis Builders; Inc. Project No. 6-27-0084-07 Central Baggage Claim Addition $61,804.00 Est. No. 6. 2. Weis Builders Inc. Project No. 6-27-0084-09 East/West Canopies an( Conveyor $7,010.00 Est.,No. 5. Ayes (6), Nays (0). Motion carried. F-1 Allen moved, Larson second to adopt Resolution No. 564-80 approving a resolution of the Public Utility Board approving an Engineering Services Agreement with HARZA Engineering Company for $52,000.00. Ayes (6), Nays (0). Motion carried. F-1 Powers moved, Larson second to adopt Resolution No. 565-80 approving 1-446 RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 Agenda Item F-1 F-1 A-1 B-2 a Resolution of the Public Utility Board that the Public Utility Depar ment provide electric service to the Water Reclamation Plant of the Ci of Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. Solinger moved, Larson second to adopt Resolution No. 566-80 approvin a resolution of the Public Utility approving'a contract agreement wit Hooper Construction Company at a cost not to exceed $1,394,178.00 for Building Erection at the IBM Substation. Ayes (6), Nays (0). Motion carried. Having no further business, Allen moved, Solinger second to adjourn th meeting until 7:30 P.M. Ayes (6), Nays (0). Motion Carried. President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers and Solinger. Absent: Alderman Strain. A Hearing on the Application for PUD ( Concept Statement ) located at 37th Street and 15th Avenue N. W. Wishing to be heard was Mr. Bill Voelker; Rochester, Minnesota speaking for Mr. Hersch H. Hodge applicant. Mr. Voelker stated that the Planning Commission requested them to redesign -the project and they have. The density is 12 units per acre, they have open recreation areas and the parking has been satisfied. They intend to obtain a qualified architect before they, proceed any further. He urged the Council to approve this. Wishing to be heard was Bernie Parker of 3510 15th Avenue N. W. a member of the Bel Air Homeowners association and presented a petition of 35 families in addition to the 23 families presented at the Planning and Zoning Commission meeting in opposition. He stated the group was not aware of any changes at this tim e They are opposed to a PUD as this is a multi family dwelling,and .the overall density and the nature of the PUD was not in line with the general neighborhood. Wishing to be heard was Bruce Clark 3421 16th Avenue N. W.(lives in Bel Air.) He is opposed and presented alternatives for consideration. Pastor Richard Taylor of 2408 23rd Avenue N..W. was personally opposed to this projec Having.no one else present that wished to be heard, President Postier closed the hearing. After -Council discussion, Larson moved, Powers second to refer this back to the Planning and Zoning Commission for further in -put. Ayes (6), Nays (0). Motion carried. A Hearing on the Application for PUD ( Final Plan ) located at 19th Avenue N. E. and Hiawatha Court - Oak Cliff - Wishing to be heard was Lowell Penz Developer - of Elcor and stated that he had a copy of an agreement he reached with the neighbors on Hiawatha Court. He stated that he fulfilled all plans as required on the plan.He stated that the City Public Works Department ,is unhappy with the dead end street on 19th, but did not feel that would hamper the City to maintain it with this design. He urged the Council to approve this plan. Wishing to be heard was Ken Moen , Attorney and stated that he had no problems with the development other than the effects it would have on one resident namely the Schuster residence. The shrubs are not RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 144 7 ' 0 Agenda Item B-2 sufficient and the design of the tri-plex as planned would face her back -yard, and -completely takeaway any privacy that is now enjoyed. Wishing to be heard was Ruben Tschritter of 1065 19th Avenue N. E. has various concerns about this project. He stated the people on 19th Ave.or loth Street did not receive notices on previous meetings. He says his driveway is being used as a turn -around for garbage trucks and trucks in general and is worried about the snow removal. �. He is.also worried about the liability when demolition and erosion occurs. Wishing to be heard was Brad Isack of 1615 loth St. N. E. very concerned about the blasting and erosion when the project begins Wishing to be heard was Allen'-Sessler of Hiawatha Court and is concer - ed about the plans to his road'and if.any improvements are needed, the costs of these and who would pay for them. President Postier stated that easements would be available for them to hook up to as far as -sewer connections at the time to road is built and that no fence or gate is included. Lowell Penz concurred that no gate is included in the plan unless the Police and Fire Department agree. Mr. Penz stated that Fraser Construction Company carries 2 million dollars liability insurance on underground movements which could result from blasting etc. Alderman Powers stated that utmost precaution be taken during excavation so that the homes below are protected :a and instructed the Engineers Department to keep a close watch. Alderman Duffy is concerned about the traffic and that everyone is using driveways for turns and the snow removal question was still not settled and the matter should be given to the Public Services Department to review. Dr. Duffy was also concerned about the problem with Ms Schuster.Mr. Penz stated that they plant evergreens when other trees die or are destroyed._ Larson moved, Duffy second -to table this for two weeks and take the matter up with the Committee of the Whole in which the issue of turn-arounds, duffering-and gates could be concluded. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Application for PUD ( Final Plan ) located at North- ern Hills Drive and 7th Avenue N. E. -Woodhaven. -Wishing to be heard was Gary McKenzie representing Young Brothers and urges the Council to approve the project. Wishing to be heard was James Peppere of 224 7th Ave..N. E..and.asked for a more thorough traffic study.:.:He stated that this is a dangerous situation.: Wishing to be heard was Wallace Maceman of 2460 No. Hills Ct. He stated that the citizens want to know, about the storm and sanitary sewer in -regard to the final plan and what recourse does the property owner have after a disaster.* He - was told that the Planning Department has all plans which have been submitted on this project and have been checked by that department. Bernice Zimmerman of 602 23rd St. N. E. is opposed to this project. Bob Hollbrook of 2324 Northern Hills Court is opposed to this project. Monte Anderson of 2421 Northern. Hills Ct. does..not.think security for the pond is.sufficient, thinks an.30 inch rail fence is not enough, but a 6 or 8 foot chain link fence is what they need. Peg.Mercer of 33 23rd St. N. E.. wanted to know why; the area was not presented with the large scale drawings of the project. Jim Pepperl, Rochester, Mn. stated that he contacted the Rochester School System and the only comment they had was that enough room was left for the school bus 1448 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 Agenda Item B-3 to turn around. Having no one else present that wished to be heard, President Postier closed the hearing. After discussion by the Counci Powers moved,.Solinger second to approve the project and include the buddering and shrubbery at the south end of the development this includes trees. Ayes (6), Nays (0). Motion carr.ied.Resolution 567-80. B-4 A Hearing on the Application for Final Plat located at Northern Hills Drive and Seventh Avenue N.E. to be known as Woodhaven First Sub. Having no one present that wished to be heard President Postier closed the hearing. Powers moved, Duffy second to adopt Resolution N1 568-80 approving the plat. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Application for PUD ( Concept Statement ) located at 723 Second Street S.W. - Broadstreet.Cafe. Having no one present that wished to be heard, Duffy moved,..Allen second to approve the PUD subject to the following 6 conditions: 1. Submit patio lighting and landscapi-hg plan with final application; 2. Signs not permitted in the front yard; 3. Seating capacity limited to 50; 4. Limit hours as requested: Tuesday -Thursday 9:00 A.M. to 3:00 P.M.; Friday - Sunday 9:00 A.M. to 9:00 P.M.; closed Monday; 5. Restaurant operation.will be limited to first floor, porch and patio; 6. Sale o literature restricted to inside -the building. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on the Application for PUD (-Final Plan ) located at 14th Street and First Avenue N. E. - Buena Vista.. Having no one present that wished to be heard, Larson moved, Allen second to continue the hearing. Ayes (6), Nays (0). Motion carried. B-7 A Hearing on the Application for PUD ( Concept Statement)located at 101 16th Street N. E. Rochester Visitor. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to approve the Concept Statement.. Ayes (5) Nays (0). Alderman Solinger abstained. Motion carried: B-8 A Hearing on the Proposed Assessment for Project No. 7703 Parts I, II, III, and IV ( 8475 ) Construction of Water Reservoir and Connect- ing Trunk Watermains to serve the Low Level District of N. W. Service area lying North of 41st Street N. W. Morris Stoddard of Rochester Y 9 , a Minnesota stated that he did not like the acreage assessment;would like to see this project assessed per lot. Wishing to be heard was Joe Dingle, Attorney representing Builders Land Co. and was concerned about the policy on assessing the benefited property . Robert Abdalii of Cordul Est. objects to the assessment on,any property owned by Cordul. Stan Moen of Rochester, Minnesota owners of the property that the tower is placed wanted to know where .the assessment border lines were. Roger Plumb, Public Works Director presented slides showing him the border. Ken Moen of Rochester, Minnesota Attorney for Cascade Ridge wanted to know if all the property was included in this assmt. Roger Plumb, Public Works Director stated that this was assessed on a per acre basis '. Having no one else present that wished to be heard President Postier closed the hearing. Powers moved, Duffy second to adopt Resolution No. 569-80 approving the assessments. Ayes (6), Nays (0). Motion ea.rri,ed. RECORD OF'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 14 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 _ October 6, 1980 Agenda Item B-9 A Hearing on the Petition to Change the Zoning District from R-1 ( Single Family Residental ) to R-"-2 ( Low Density Residential ) on Lots 2,3,4, Block 9, West Zumbro Addition. Wishing to be heard was Joe Weis of Weis Corporation, Developer.' He urged the Council to approve this,. Wishing to be heard in opposition was Robert Volden of 1816 West Center Street, Janet Harte 1815 West Center Street and Steve Salk of 27 8th Avenue S. W. Having no one else present that wished to be heard, President Postier closed the hearing. After Discussion by�the Council, Allen moved, Duffy second to deny the zone change. Ayes (5), Nays (1). Alderman Larson voted nay. Motion carried. B-10 A Hearing on the Petition to Change the Zoning District from R-1 ( Single Family Residential ) to R-2 ( Low Density Residential ) on Lots 5,6, and 7, Block 9, West.Zumbro Addition. Wishing to be hea was Janet Herte and Robert Volden of 1816 West Center Street and were opposed to this. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Duffy second to deny the zoning change. Ayes (5 ), Nays (1). Alderman Larso voting nay. Motion carried. B-11 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to R-2 ( Low Density Residential ) on 0.73 of an acre of unplatted land along Valleyhigh Drive N. W. west of 21st Avenue N. W. Wishing to'be heard was Bill Voelker of Rochest representing the property owner and stated that they wanted to put up a decent looking project and urged the Council to approve this change. Don DeVaughn of Plainview, Minnesota, stockholder in the Golden Eagle was concerned about the high density of this structure and thinks single family units would work. Al Pertuz of 1703 25th Avenue N. W. and Dean Jaeger of 1677 25th Avenue N. W. and Duane Beckers of 1651 25th Avenue N. W. were opposed to.this.change. They also presented a petition with 90 opposing signatures on. Havin no one else present that wished to be heard, President Postier closed the hearing. The petition for the zone change has-been withdrawn at this time. No other action was necessary at this time. B-12 A.Hearing on the Petition to Change the Zoning District from B-lb ( Neighborhood Business) to I ( Institutional ) on Lots,5-10 ,' Block 7 of the Original Plat of the City of Rochester, Minnesota. Having no one present that wished to be heard, President Postier close the hearing. Alderman Larson objected to a large sign. Allen moved,. Powers second to approve the change and instruct the City Attorney to prepare an ordinance for -adoption. Ayes (6), Nays (0). Motion carried B-13 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to B-lb ( Neighborhood Business District on Lot 2 and a portion of Lot 3, Shadowbrook Hills Subdivision. Wish- ing to be heard was Jim-Suk, Attorney for -Jerry Blake owner of Jerry's Carpet, and urged that the Council approve this. Having no one else resent that wished to be heard, President Postier closed the hearing. 1450 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 6, 1980 Agenda Item B-13 B-14 B-15 E-38 F-1 F-1 F-1 Powers moved, Solinger second to approve the change and instruct the City Attorney to prepare an ordinance that can be'adopted.-Ayes (6) Nays (0). Motion carried. A Hearing on the proposed Project No. 6303-1-80 J 8741 Sanitary Sewer and Watermain.Extension, plus service connection on 3rd Avenue N. E. from a point 260 feet south of the centerline of 21st St. N.-E. to the Centerline of 32nd Street N. E. Wishing to be heard was David Zitzman 218 Cheval Lane N. E. and was wondering.about his assessment. He was told that he is outside of the City and no assessment would be made against his proper.ty at this time. Bill Voelker , Rochester, Mn was given an explanation of the deferred assessment policy. Having no one else present that -wished to be heard; President Postier.closed -the hearing. Powers moved, Allen second to adopt Resolution No. 570-80 ordering the.project to be made. Ayes (6), Nays (0). Motion Carried. A Hearing on the Proposed.Annual 1981.Budget and Use of 1981.Revenue Sharing Funds. No one wished to be heard, No action was taken.at thi time. Duffy moved,.Allen second to approve the splitting of the assessments of Lots 5 and 6 to be known as Innnsbruck V.and•Innsbruck VI. This is for Project.No. 7301 Sanitary Sewer and 7703 Water Storage Tank. This was formerly in Lands Section,15. Ayes (6), Nays (0). Motion carried. An Ordinance.creating the Woodhaven Planned Unit Development known -as PUD-R-50 Lot 4, Block 1 Woodhaven First Sub. was given its first reading. An Ordinance Rezoning property to I Institutional District for Lots 5-10 Block 7 Original Plat was given its.first reading. An Ordinance Rezoning property to B-lb Neighborhood Business District in Lot two Shadowbrook Hills. -Subdivision was given its first reading. Having no further business, Allen moved,.Duffy second to adjourn the meeting.until 4:45 P.M. on Thursday October 9, 1980. Ayes (6), Nays (0). Motion carried. City Clerk Information 1. Committee of the Whole Meeting Minutes for Sept. 15, 1980. 2. Claim for Ethel.M. Stone and Norbert C. Barwasser Ref. to City Attorney and Insurance.Company- 3. Claim for Madeline Murry Ref. to City Attorney and Ins. Co. 4. Claim from Rose K. Brown - Ref. to City Attorney and Ins. Co.