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HomeMy WebLinkAbout05-02-1983Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 19_67 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2. 1983 President Postier called the meeting to order at 2:00 P.M. the follo ing members being present: President Postier, Aldermen Allen, Duffy, Powers, Solinger and Strain. Absent: Gordon Bluhm. Allen moved, Strain second to approve the minutes of April 18, 1983 April 25, 1983. Ayes (6), Nays (0). Motion carried. C-1 I Allen moved, Solinger second to approve the Mayor's Appointment to the MACADA of Geraldine L. Haydon of 704 loth Street N. E. She fills the vacancy created by the resignation of Jerry Herber. Ayes (6), Nays (0). Motion carried. C-2 Duffy moved, Powers second to approve the Mayors Appointment to the Energy Awareness_ Committee of Robert Tracy of 1412 8 1/2 Ave. S. E. Mr. Tracy will fill the vacancy created by the resignation of William Finney. Ayes (6), Nays (0). Motion carried. C-3 Powers moved, Strain second to approve the Mayor's Appointment of Donald R. Nichols of 207 5th Avenue S.W. to fill the vacancy.,on the Human Rights Commission. This was created by the resignation of Evelyn Surface. Ayes (6), Nays (0). Motion carried. The term -;runs until May 1, 1985. C-4 Powers moved, Duffy second to approve the Mayor':s Appointment of Nancy Ann Moltaji of 991 19th St. S. E. and Mina Pourzand Vakil of 1410 Meadow Lane S. W. to the International Affairs Committee. These fill the vacancies of Edwin D. Moore and Lyle A. Weed. Ayes (6), Nays (0). Motion carried. C-5 Duffy moved, Solinger second to approve the Mayor's Appointment of Harrison G. Nelson of 616 18th Street S. W.; Robert Cline of 718 5th Street S.W.; Joseph J. Smekta 1508 4th Ave. N.E.; Raymond Moore 1335 Second Avenue N. W.; Martin Van Herik 207 5th Ave. S. W. This is to the Housing Board of Appeals. Ayes (6), Nays (0). Motion carried. D-1 Strain moved, Allen second to adopt Resolution No. 203-83 referring the Petition for Extension of Sanitary Sewer and Watermain to serve the Our Saviors Lutheran Church property on Viola Road to the Public Services Department. Ayes (6), Nays (0). Motion carried. E-1 Strain moved, Powers second to adopt Resolution'No. 204-83 approving a contract with T.S.P. Architects, Inc. to prepare plans and specifications for the restoration of the.2nd Street Parking Ramp facility. This firm is from Rochester,/Minnesota. Aldermen discussed the referral of the Public Services to hire the firm of Ellerbe Architects of Minneapolis, Mn. Aldermen stated that Ellerbe has a good record in Rochester, but that they would just as soon stay with a local firm. Roger Plumb, Public Services Dir. stated that TSP could do the work. Ayes (6), Nays (_0). Motion carri.i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-2 E-3 E-4 E-5 Powers moved, Strain second to grant the extension until May 14, 1983 requested from LeBistro Cafe , Max's Restaurant and Gullivers. This is for the On -Sale Liquor License and the above establishments had a problem with the Fire Department and the Building and Safety Departments. These problems have to be solved before the Council can grant them the license. Ayes (6), Nays (0). Motion carried. Powers moved, Duffy second to approve the Development Agreement with Zumbro Market Developers stating that the City will participate in streetscape improvements as per the policy. Resolution No. 205-83. Ayes (6), Nays (0). Motion carried. Duffy moved, Allen second to approve the-Streetscape Project for the City Hall area. Public Services Department is directed to prepare a feasibility report for presentation at the May 16, 1983 meeting. Ayes (6), Nays (0). Motion carried. Powers- moved, Qu�f.fy second. -to, approve the following licenses -and - bonds_:,. Application for a Master Plumber's License for the period ending Dec. 31, 1983. The Bond and insurance certificates are furnished. The Plumber's license was applied for by David A. Gulden of Rochester, Minensota. This is pending receipt of the insurance and bond. Application received from Robert H. Bernard, Chatfield, Minnesota for a license to construct cement Sidewalks, Curb and Gutter, and Driveways in the City of Rochester for a period ending December 31, 1983. The certificates and department approval was obtained. Application received from Paul E. McCann of Rochester and Brooks and Glasrud Masonry of Byron, Minensota for approval of the. applications to construct cement Sidewalks, Curb and Gutter and Driveways in the City of Rochester. Insurance documents and department approvals have been received. Application was re- ceived from Lowell Gilbertson, Rochester Auctioneer for an applicatic on behalf of the Holiday Inn -Downtown for disposal of -su'fplus,hotel equipment to be held on May 4, 1983. This will be held at the OlmstE County Fairgrounds. Fee and bond has been obtained. Application for a Single Dance license received from Don Kruger and Mike,Braun of Rochester for a dance to be held in conjunction with the 50's Cruise Night on June 11, 1983. This will be held at the Mayo Civic Auditorium. Application :has been received from Colour Outdoor Inc. Deephaven, Minnesota for approval of a license to Erect and Maintdin Signs. This is for a period ending December 31, 1983. This is pending receipt of the department approvals and receipt of the bond. Application received from Rochester Police Benevolent Assoc. for a temporary 3.2 beer license to be used at the Rochester Fair Grounds June 3, 4,5, 1983 for the annual Rodeo. Application was submitted by Starr Concrete of 929 llth Avenue.N. E. to construct Sidewalks Curb and Gutter and Driveways ( Cement ) in the City of Rochester for a term ending December 31, 1983. This is pending receipt of I insurance certificates and the approval of City Departments. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Agenda Item E-5 The following renewal Cigarette Licenses have been submitted for approval: Rochester Investment Company,/DBA Hoffman House at 1517 16th Street S. W.;Jerry's Southside Skelly of 2025 South Broadway; Jiffy Mart of 82 36th Avenue N. W.; Point After Bar, Inc. of 2116 South Broadway; Mico Oil Co., Inc. of 608 llth Avenue N. W.; Shopko Store # 135 2820 Highway 63 South, Rochester, Minnesota; Shopko Stores, Inc. # 136 3708 Hwy 63 North;.Soldiers Field 4th St. Motel of 214 4th Street, S.W.; VFW Post 429 204 4th Street S.E. Rochester, Minnesota; Zumbro Valley Mental Health Center of 2100 East Center, Rochester, Minnesota. Application for a Heating , Ventilating and Air Conditioning Contractors' License received from Timothy William McPhee of Indoor Comfort Systems, Inc. at 219 9 1/2 St. S. E. Application received"from Pencille Construction Company, Inc. 1816 Second St. N. W. to construct Cement Sidewalks, Curb and Gutter and Driveways for alterm ending December 31, 1983. Ayes (6), Nays (0). Motion carried. E-6 Solinger moved, Strain second to approve the request from Rochester Robert Gage School for a parade to be held on May 18, 1983 from 40th Street N. W. east;.to Robert Gage School. Ayes (6), Nays (0). Motion carried. E-7 Duffy moved, Strain second to approve the request received from the Olmsted County Memorial Day Association to hold a parade on May 30, 1983 starting at 9:45 A.M. The route has been approved by the Roch. Police Department. Ayes (6), Nays (0). Motion carried. E-8 Powers moved, Allen second to instruct the City Attorney to prepare an Ordinance amending Rochester Code.of Ordinances 106.02 Sub. 2 to allow a two year license to be given for cats at a charge of $10.00. This is initiated due to a State approved vaccine known as RABGUARD which allows cats to be vaccinated for a two year period. Ayes (6), Nays (0). Motion carried. E-9 Duffy moved, Strain second to approve the request to split a lot for assessment purposes for Cordul Commercial Park - Projects J 8475 and 8476. This was recently replatted to Lot 2, Block 4, Cordul Commercial Park. The current assessments would be $11,186.08. Ayes (6), Nays (0). Motion carried. E-10 Strain moved, Powers second to approve the Accounts Payable (semi-monthly) list attached in the amount of $10,439,500.73. Ayes (6), Nays (0). Motion carried. E-11 Allen moved, Duffy second to reject the bids submitted for a sub- compact hatchback. Universal Ford , one of the bidders , could furnish this car with green paint as required - The other two bidders Adamson Motors called and stated they could not furnish the green color required - Neither Adamson or Universal could furnish the reading guages specified ( only warning lights ). The other bid submitted was with Clement's Chev. Council recommend that the car be purchased on the basis of quotations. Ayes (6), Nays (0). Motion carried. 29'70 Agenda Item E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Solinger moved, Powers second to adopt Resolution No. 206-83 approvin and supporting the Rochester HRA Application to administer the MHFA Rehabilitation Loan Program Application Phase II.,This is for O.lms.t-ed County, inclusive of the City of Rochester. Ayes (6), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 207-83 approving the vacation of a portion of the Utility Easement on Lot 5, Bumpus Addition. The property is at 1112 8th Street S. W. Ayes (6), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 208-83 approving the vacation of a 10 foot Water Utility Easement along the East Side of Lot 8, Block 1, Miners Heights Third Subdivision. This was filed by the owner of the property at 1912 loth St. N. E. Ayes (6) , Nays (0). Motion carried. Allen moved, Strain second to adopt Resolution No. 209-83, 210-83, ordering a feasibility report and setting a hearing for May 16, 1983 on New Sidewalk Project No. 1-1983 J 8812. Resolution No. 211-83 and 212-83 ordering a feasibility report and setting a hearin for May 16, 1983 on New Sidewalk Project No. 2-1983 J 8813 and Resolution No. 213-83 and 214-83 ordering a feasJbility report and a hearing to.be held on May 16, 1983 on Replacement Project No. 1-1983 J 8811. Ayes (6), Nays (0). Motion carried. Strain moved, Duffy second to adopt Resolution No. 215-83 approving the proposal by-Yaggy Associates, Inc. for engineering services for Basic Construction in Northern Slopes 4th Subdivision -Project No. 7807-4-83 J 8819. Ayes (6), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 216-83 approving a proposal by Land Consultants of Southern Minnesota, Inc. ( Ralph P. Fredrickson, P.E. for engineering services for Basic Construction in Manor Woods Fifth Sub. Project No. 6920 - 5 - 83 J 8810. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 217-83 approvii a proposal by McGhie and Betts, Inc. for engineering services for Project R:a. 8307 J 8815 Construction of Watermain in Bear Creek Court S. E. a planned unit development. Ayes(6), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 218-83 approvinc a proposal by McGhie and Betts, Inc. for engineering services for Project No. 7802-5-83A J 8818 Street Construction, Concrete Curb and Gutter, Watermain , Storm Sewer and Service Connection stubbed into the boulevard in 19th Avenue N. W. from 45th Lane N. W. to the North Line of Lot 4, Block 5, Cimarron Subdivision. Ayes (6) , Nays (0). Motion carried. A Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Strain moved, Solinger second to adopt Resolution No. 219-83 initiat• ing the project and referring it to the Public Services Department for a feasibility report on Project No. 6237-83 - Watermain extension along the South side of 37th Street N.W. from 3rd Avenue N. W. to the Bridge over the Zumbro River. Ayes (6), Nays (0). Motion carried. E-21 Duffy moved, Powers second to adopt.Resolution.No. 220-83 approving the addition of paragraph (81) to Section E of the Passenger Loading Zones to read: (81) Fifth Avenue N. W., on the West side for a distance of 20 feet, more or less, in front of the premises; known as 123 Fifth Avenue N. W. (Hendershot Guest Home)( one stall). Ayes (6), Nays (0)..Motion carried. E-22 Duffy moved, Strain second to adopt Resolution No. 221-83 adopting the deleting Paragraph (98) of Section B, as followsa - No Parking Zones. Ayes (6), Nays (0). Motion carried. E-23 Powers moved, Strain second to adopt Resolution No. 222-83 approving the addition of paragraph (261) to Section B, No Parking Zones to read: (261) South.Frontage Road of T.H. 14 East, on the south side from Eastgate Drive Southeast to East City limits, at any time. Ayes (6), Nays (0). Motion carried. E-24 Strain moved, Allen second to adopt Resolution No. 223-83 and 224-83 declaring the cost to be assessed and ordering a hearing to be held on June 6, 1983 on Project No. 5619-82 J 8773 Grading, Surfacing Curb and Gutter in 17th Avenue S. E. from loth Street S. E. to North Frontage Road T.H. 14. Ayes (6), Nays (0). Motion Carried. E-25 Allen moved, Solinger second to adopt Resolution No. 225-83 and 226- 83 declaring the cost to be assessed and ordering a hearing to be held on June 6, 1983 on Project No. 7301, 7301-A J 8476 Northwest District Trunkline Sanitary Sewer, °Pumping Station, Forcemain and outfall sewer ( Deferred Assessment against Plat 5150, Parcel 00800 ). Ayes (6), Nays (0). Motion carried. E-26 Allen moved,'Solinger second to adopt Resolution No. 227-83 requestini the Commissioner of Highways to zone 7th Street N. W. from T.H. 14 to 6th Place N. W. as a 40 MPH speed zone. Ayes (6), Nays (0). Motioncarried. E-27 Solinger moved, Strain second to adopt Resolution No. 228-83 authoriz- ing the City Clerk to advertise for bids to be opened on June 1, 1983 at 11:00 A.M. on Project No. 8203 J 2140 Sanitary Sewer reconstruction on 7th Avenue S. W. from 2nd Street S. W. to 3rd Street S. W. Ayes (6), Nays (0). Motion carried. E-28 Duffy moved, Allen second to adopt Resolution No. 229-83 authorizing the City Clerk to advertise for bids to be opened on June 1, 1983 at 11:00 A.M. on Project No. 6303-1-83 J 8808 Sanitary Sewer and Watermain extension plus service connections on 3rd Ave. N. E. 1971 19'72 Agenda Item E-28 E-29 E-30 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 from the centerline of 32nd Street N. E. to a point 218 feet north. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 230-83 to app a resolution of the Public Utility Board approving a steam rate increase effective June 1, 1983 - Base Rate $11.25 per M lbs of Steam. There shall be added to the amount of the billing the sum of 1.8 cents per M lbs sold multiplied by the number of whole cents by which the cost of fuel exceed $2.07 per million Btu. The cost of fuel shall be the average cost of all fuel used during the preceding month and shall include purchase price, freight, handling and other costs incidental to delivery of fuel to the steam generating stations of the Utility. A charge of 35 cents per M lbs is made for condensate not returned by the customer. Ayes (6), Nays (0). Motion carried. Allen moved, Strain second to adopt the following resolutions by the Public Utility Board: A Resolution No. 231-83 to approve a purchase resolution with ITT Meyer Industries for 1 - steel poles -- Cascade Creek Substation construction. The amount of the purchase order to be $19,220.00 and ITT Meyer Industries being the lowest bidder. A Resolution No. 232-83 to approve an Amendment to a pureh ase order agreement with Anaconda-Ericksson for furnishing 4500 ft. 15Kv URD Cable for $19,999.74. To adopt Resolution No. 233-83 to approve a contract agreement with IBM for purchasing computer hardware and delivery transportation. for $250,688.00 - IBM being the low bidder. To adopt Resolution No. 234-83 approving a monthly maintenance agreement with IBM for computer hardware, The amt. of the monthly maintenance agreement to be $ 1,335.00. To adopt Resolution No. 235-83 appro'v.ing-a;monthly maintenance: agreement with I'BM for _3411 tape -drive. The, amount to be $1.,173:00 To adopt Resolution No. 236-83 to approve a montly maintenance agreement with IBM for terminal network computer hardware. The amount to be $228.53 monthly. To adopt Resolution No. 237-83 approving a purchase contract with IBM for cumputer software. The amount to be $35,000.00 To adopt Resolution No. 238-83 approving a purchase contract with IBM for terminal network computer hardware and delivery transportatioi The amount to be $19,465.80. Fe To adopt Resolution No. 239-83 approving a contract agreement with RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL JL73 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Agenda Item E-30 Hooper Construction for installation of a 115/13.8kV transformer at Cascade Creek Substation. The amt. of the contract to be $21,300.00 A Resolution -No. 240-83 approving an engineering services agreement with Ulteig Engineers for design of underground duct and feeder installation. The amount not to exceed $25,000.00. Ayes (6), Nays (0) Motion carried. E-30 Solinger moved, Allen second to adopt Resolution No. 241-83 approving an engineering services agreement with Ulteig Engineers for design and construction of an underground electric multi -duct system from Cascade Creek to St. Mary's Hospital. The amount of the engineering services agreement not to exceed $90,000.00. This is subject to St. Mary's paying :for the agreement. Ayes (5), Nays (0). Alderman Strain abstaining. Motion carried. E-31 Solinger moved, Duffy second to adopt Resolution No. 242-83 ordering a feasibility report on the Streetscape Project for adjacent buildin on First Avenue, commonly known as the Professional Bui1=ding, Iridescent House, Lawler Theatre and the Textile Care Center. Ayes (6), Nays (0). Motion carried. E-32 Duffy moved, Allen second to adopt Resolution No. 243-83 ordering a feasibility report on the Streetscape Project for the Carlton Hotel Area. Ayes (6), Nays (0). Motion carried. E-33 Strain moved, Solinger second to adopt Resolution No. 244-83 and 245-83 referring the improvement for a feasibility report and order a hearing to be held on May 16, 1983 on Project No. 8213-83 J 8821 Sanitary Sewer and Watermain to serve property between East River and T.H. No. 63 North and South of 23rd Street N. E. Ayes (6), Nays (0). Motion carried. E-34 Strain moved, Allen second to approve the Change Order No. 26 which provides for the extension of the contract by 29 days on the Water Reclamation Plant Construction. Ayes (6), Nays (0). Motion carried. E-35 Duffy moved, Allen second to adopt Resolution No. 246-83 allowing property at 1705 Hiawatha Court to connect to the City sewer system subject to a signed agreement that the owner of the property will pay the expenses of the extension.and allow the City to act as his agent for the purposes of seeking annexation. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to Animal Control; Providing for the term of Licenses issued to Dogs and Cats; Amending the Rochester Code of Ordinances Section 106.02, Subdivision 2 was given its first reading. Allen moved, Duffy second to suspend -the rules and give the Ordinance a second reading. Upon roll call vote, Aldermen Allen, Duffy, Powers, Solinger, Strain and.President_Postie_r voted aye. Ayes (6), Nays (0).. Motion carried: -and the Ordinance was given its second read- ing. Allen moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Moti.on,,carri.ed. 1974 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Agenda Item F-1 An Ordinance Relating to Intoxicating Liquor;, Providing for a fee for an additional separate Room or lounge on a licensed premises;' Amending the Rochester Code of Ordinances, Section 125.18 Subd. 1 was given its second reading. Powers moved, Allen second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance -Rezoning certain property creating a Planned Unit Development District known as PUD-R-68 and Amending Ordinance No. 1659,known;-as the Zoning ordinance of the City of Rochester Mn. for Lots 1,2,3,4,5,6,7,8,9, 10, 11 and 12, Block 1 of Seville Sub. was given a second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to Zoning; Providing for the Definition of and Regulation of Home Improvement Center and Building Trade Land Uses; Amending the Rochester Code of Ordinances and Ordinance 1659, Sections 65,612; 65.623 and 65.710, and Table 3 to Section 65.600 was given its second reading. Allen moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 247-83 approving an Owner Contract for Basic Construction in Bel Air 4th Subdivision ( Mohn and Penz Development -and Fraser Construction ) Ayes (6), Nays (0). Motion carried. F-1 Duffy moved, Solinger second to adopt Resolution No. 248-83 approvin an Owner contract with McGhie and Betts for Construction of Water - main in Bear Creek Court S. E. to serve a PUD ( Quadco Properties and Larson Construction ). Ayes (6), Nays (0). Motion carried. F-1 Strain moved, Solinger second to adopt Resolution No. 249-83 approving an Owner Contract with Yaggy Associates for Basic Construc ion in Shadow Run First Subdivision ( Bouquet / Robinson Lake Estates and Shamrock Enterprises ) Ayes (6), Nays (0). Motion Carrie, Having no further business, Allen moved, Strain second to adjourn th meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier Aldermen Allen, Bluhm, Powers, Solinger and Strain. Absent: Alderman Duffy. B-1 A Hearing on the Cable TV Rate Increase and Franchise Renewal. Wishing to be heard was F. James Gray. He submitted a letter opposing this new system. He stated that it would interfere with the amateur radio operators. He stated that he represented the concerns of all amateur operators in Rochester and urged the Council to deny the request. Wishing to be heard was Bob Loos 531 22nd St. N. E. and in the General Manager of Group W cable TV. He urged the Council to approve this. He also stated that rules of the FCC would answer Mr. Gray's questions about interference with amateur radio operators. Having no one else present that'UI'i:shed to be I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL IL975 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Agenda Item B-1 heard, President Postier closed the hearing. Bluhm moved, to extend the franchise contract for 10 years to 1998 and increase the Franchise fee to 3% and the Basic Rate to $8.10 all inclusive. This died for lack of a second. After discussion by the Council Solinger moved, Strain second to increase the Franchise fee from 1% to 3% Extend the Franchise for 10 years to 1998 and set the Basic fee to $8.00 a month all inclusive. Upon Roll call vote, Alderman Allen voted nay, Bluhm nay, Powers nay. Aldermen Solinger Strain and President Postier voted aye. - Ayes (3), Nays (3). Motion did not carry. After further discussion by the Council Powers moved Allen second to deny the request. Ayes (2), Nays (4). Aldermen Bluhm, Solinger, Strain and President Postier voting Nay. Motion did not carry.Alderman Solinger suggested that this be held over for a full Council. President Postier stated that he.would just as soon vote on this now if a vote could be taken that could pass. After further discussion by the Council, Bluhm moved, Strain second to extend the Franchise for 10 years to 1998 and increase the Franchise fee to 3% and set the basic rate all inclusive - not a pass thru - to $ 8.05. Ayes (4), Nays (2). Aldermen Powers and Allen voting nay. Motion carried. B-2 A Hearing on the Application for a Planned Unit Development (Concept Stage ) for 12 Townhouses located at 18th Street and Third Avenue S. W. Wishing to be heard was Mac Hamilton, development of the project. He urged the Council to approve this concept. Since changes had been made since the Planning Staff had reviewed this PUD, the Planning and Zoning Commission did not have a chance to review this PUD nor did they make a motion to waive the Preliminary Plan of this PUD. Mr. Hamilton requested that the Council waive the Preliminary Plan. Mr. Hamilton stated that he made the project better than the one that the Planning Commission approved. After Council discussion and having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to approve the 14 units as requested and eliminate time limits on getting this back to the Planning Commission for action on the Preliminary Plan and to extend the Sewer as requested and delete the need for Storm shelters. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Application for Planned Unit Development ( Concept Statement ) for Lots 1 and 2, Block 1, Northgate Ninth Subdivision to be known as Northwest Foods. Wishing to be heard was Lorrain Putnam of 2120 23 Avenue N. W. She was representing the neighbors who were opposed and reminded the Council of the petition that was signed a month ago protesting the zone change. Wishing to be heard was Arnold Legimer of 2214 21st St. N. W. and is opposed. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to deny the request. President Postier stated that for the record this was spot zoning and no changes have been made since the last request for zone change. 1976 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 37 - May 2, 1983 Agenda Item B-4 A Hearing on the Petition to Amend the Zoning District from R-3FF to M-IFF on Property at 118-126 and 132 8th Street N. E. immediately North of Kruse Lumber. Wishing to be heard was Willard Larson of Rochester and is one of three owners of the property. He urges the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to approve the petition and instruct the City Attorney to prepare an Ordinance making the change. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Application for a Final Plat of Evergreen Gardens located at 19th Street and Valleyhigh Drive N. W. Having no one present that wished to be heard, President Postier closed the hearing Powers moved, Solinger second to adopt Resolution No. 250-83 approvin the plat. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on the Application for a Final Plat of Harborage Subdivsion- Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to adopt Resolution No. 251-83 approving the plat. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to Cable Television Franchise was given its first reading. F=1_: An..Ordinance Rezoning certain property to M-IFF Light Industrial Flood Fringe onLots 4,5,6,7,8, and 9 Block 38 Northern Addition was given its first reading. F-1 An Ordinance Rezoning Certain Property creating a Planned Unit Development - Residential known as Elton Ridge Subdivision was given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (5), Nays (1). Alderman Solinger voted nay. The Ordinance was adopted. E-36 Strain moved, Solinger second to adopt Resolution No. 252-83 approving that the City enter into a joint powers agreement with the County of Olmsted and the Olmsted Soil and Water Conservation District to provide for implementation of the Watershed Plan for the South Ford of the Zumbro River. This is subject to the changes as Whereby the Joint Powers sould ask the County for permission• on Eminent Domain Procedures. Ayes (6), Nays (0). Motion carried. Having no further business Allen moved, Strain second to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk Information - 5-2-83 1. Committee of the Whole meeting minutes 2-7-83, 2-14-83, 2-28-83 4-18-83 and 4-25-83. 2. Notice of Claim - Michon Ketchum-Ref.Police,Finance and Attorney. i