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HomeMy WebLinkAbout05-04-19872866 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regijlar Meeting No. 35 - May 4, 1987 Agenda Item A-1 C-1 C-2 E-1 E-2 E-3 E-4 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Canfield, Hunziker, Solinger and Strain. Absent: None. Allen moved, Hunziker second to approve the minutes of the April 6, 1987. Ayes (7), Nay (0). Motion carried. Allen moved, Hunziker second to approve the appointment of Steven Weist to fill the vacancy of Motor Operator in the Fire Department effective June 1, 1987. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the appointment of Kenneth M. Dose to fill the position of Firefighter in the Fire Department effective June 1, 1987. Ayes (7), Nays (0).Motion carried. This item of Ice Cream Vendors will be taken up at the evening meet- ing. Allen moved, Canfield second to approve free Saturday parking at all street meters and metered parking lots during the major construction period in the downtown ( Fall, 1988 ). This date is set to expire December 31, 1988. Strain moved, Hunziker second to adopt Resolution No. 215-87 authoriz- ing the reconveyance and exchange of the corrected deeds with Sandage Company - This is in connection with the construction of flood contro' structure WR-6A. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to approve the request received from the Rochester Post Bulletin to sponsor the fireworks for the Fourth of July celebration at Silver Lake on July 4, 1987 and Rochesterfest Ion June 27, 1987 in Foster Arends Park ( daytime display ). Ayes (7), Nays (0).Motion carried. E-5 1131uhm moved, Strain second to approve the following licenses & bonds: Dennis Glasrud, Kasson, requests approval of his application for a license to construct Cement Sidewalks, Curbs and Gutters, and Drive- ways in the City of Rochester for the period ending December 31, 1987 Gregory Walters, Rochester, requests approval of his application for a Master Installer's License for Heating, Ventilating and Air Condit' ioning for the period ending December 31, 1987. People's Natural Gas, Rochester, requests approval of the application for a Contractor's License for Heating, Ventilating and Air -Condition, for the period ending December 31, 1987. Mark Cassidy, Rochester, request approval- of his application for a Master Installer's License for Heating, Ventilation and Air -Condition - for the period ending December 31, 1987. ng ng 1'� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2,967 Regular Meeting No. 35 - May 4, 1987 Agenda Item E-5 Mike LaPlant, Rochester, requests approval of his application for a Master Installer's License for the period ending Eecember 31, 1987. Cassidy Mechanical, Rochester, requests approval of the application for a Contractor's License for Heating, Ventilating and Air-Conditi for the period ending December 31, 1987. Tilson Auto Repair, 704 12th St. S.E., requests approval to sell cigarettes by Vending Machine for the period ending March 31, 1988 PDQ Food Store #208, 1724 37th St. N.W., requests approval to sell Cigarettes Over -The -Counter for the period ending March 31, 1988. The Olmsted County Agricultural Association (Olmsted County Free Fail requests approval of the Council to hold a Temporary On -Sale Non - Intoxicating Malt Liquor (3.2 Beer) License for August 3rd through 9th, 1987 during the Olmsted County Fair. Big Top Productions, Incorporated requests approval of the applicatic for a Circus License for the Toby Tyler Circus on June 17, 1987. The March of Dimes request approval to hold a raffle on May 16, 1987 at Barclay Square. They are requesting that the 30-day waiting perioc for the license be waived. Minnesota Waterfowl Association, Olmsted County Chapter, requests approval of their application for a raffle on September 24, 1987. RENEWAL LICENSE Cigarettes Vending Machine - 1 Vote was taken. Ayes (7), Nays Hillcrest Country Kitchen 1635 Highway 52 North Rochester, Mn. 55901 (0).Motion carried. E-5A Allen moved, Strain second to adopt Resolution No. 216-87 approving the subordination agreement with the First National Bank of Rochester wherein the City's rights under the Phase II Agreement for the Center Place project shall be the subordinate to the lien of a certain mortgage given to First Bank Rochester; and the City shall be granted an option to repurchase certain property for the sum of $560,161. in the event of default in repayment of mortgage. Ayes (7), Nays (0).Motion carried. E-6 Hunziker moved, Allen second to approve the request received from the Rochester Park and Recreation Department and the Rochester Centel for Independent Living for a Wheel-A-Thon on June 27, 1987 around Silver Lake Park. Ayes (7), Nays (0).Motion carried. ng 28G RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item E-7 Solinger moved, Strain second to approve the Accounts Payable in the amount of $1,049,758.22 - list filed in the City Clerk's office - Ayes (7), Nays (0).Motion carried. E-8 Hunziker moved, Allen second to adopt Resolution No. 217-87 authoriz- ing the Department of Public Safety to move the motorcycle testing area from 34th Avenue N. W. to Industrial Lane N. W. Ayes (7), Nays (0).Motion carried. E-9 Bluhm moved, Strain second to adopt Resolution No. 218-87 instructing the City Clerk to advertise for bids on Project No. 8605, J 8936 San- itary Sewer extension to serve Aspens Townhomes and others, Also Watermain extension along the south side of 2nd Street S. W. from 23rd Avenue to 450 feet West and Project No. 8605- J 8963 Watermain from 2nd Street S. W. to serve the Aspens Townhome Project. The bids will be opened on May 27, 1987 at 11:00 A.M. Ayes (7), Nays (0).Motion carried. E-10 Allen moved, Solinger second to adopt Resolution No. 219-87 and 220-87 referring the following project to the Public Services Dept. for a feasibility report and ordering a public hearing to be held on June 1, 1987.on Project No. 8416 J 8887 - Alley Resurfacing behind the Holiday Inn Downtown from 2nd Street S. E. to 3rd Street S. E. Ayes (7), Nays (0).Motion carried. E-11 Allen moved, Bluhm second to adopt Resolution No: 221-87 and 222-87 referring the following project to the Public Services Dept. for a feasibility report and ordering a public hearing to beheld on June 1, 1987 on Project No. 8705 J 8996 - Watermain Ext. along the West Frontage Road, 51st St. N. W. and Tongen Avenue to serve Lot 6 Tongen 1st Sub. and others. Ayes (7), Nays (0).Motion carried. E-12 Solinger moved, Canfield second to adopt Resolution No. 223-87 approving the transaction to pay Cordul Establishment, Inc. $266,100.00 for the fee taking , access control and temporary easements necessary for Mn/DOT Project 5508, and with the understand- ing that the State of Minnesota will reimburse the City $114,000.00 of that payment, plus interest and that the City shall be responsible for 1987 real estate taxes on the acquired property. Ayes (7), Nays (0).Motion carried. E-13 - Strain moved, Canfield second to adopt Resolution No. 224-87 dedicating as street easement 98 square feet of area on the Northwest corner of 6th Street S. W. at South Broadway and also dedicating as street easement 50 square feet of area on the Northwest corner of West Center Street at North Broadway. Ayes (7), Nays (0).Motion carried. E_-14 Canfield moved, Bluhm second to approve the purchase offer of $37,500 for the former SuperAmerica Station site located at 225 3rd Avenue S. E. This site will be needed in the future for the flood control project. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting.No. 35 - May 4, 1987 Agenda Item E-15 Allen moved, Bluhm second to adopt Resolution No. 225-87 awarding the low bid of $349,996.00 to Engineering America for Bolted Steel ( Construction of a 1,000,000 gallon water storage reservoir valve pit, pipe v-& ults, access road and site grading ) Alderman Solinger wondered if bolted steel was O.K. Roger Plumb, Public Services Dept. stated that this size of tank was O.K. to put up using bolted steel. Doug Rovang, Water Supterintendent of the City stated that this type is used all over and works fine. Alderman Hunziker wondered when the little tanks leak. He was told right away and that the City would have a bigger tank and should not leak. Having no more dicussion, vote was taken. Ayes (7), Nays (0). Motion carried. E-16 Canfield moved, Solinger second to adopt Resolution No. 226-87 awarding the low bid of $95,679.01 to Road Constructors, Inc. for Project No. 5402-87 J 8960 - Regrading and Resurfacing on 20th Avenue S. W. from 2nd Street S. W. to 5th Street S. W. Ayes (7), Nays (0).Motion carried. E-17 Bluhm moved, Allen second to adopt Resolution No. 227-87 awarding the low bid of $41,974.00 to Austin P. Keller Co. for Project No. 6237-4-86 J 8979 - Sanitary Sewer and Watermain Extension along the North side of 37th Street N. W. from West River Road to the East Line of Lot 1, Block 1, SUmmit Square. Ayes (7), Nays (0). Motion carried. E-18 Bluhm moved, Strain second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 228-87 approving the agreement with the Illinois Central Gulf Railroad, Chicago and Northwestern Transportation Co. and Dakota Mn. and Eastern Railroad for shipment of coal from West Harrisburg, Illinois to Roch. Mn. Resolution No. 229-87 approving a purchase order agreement with General Electric Co. for furnishing 1 transformer in the amount of $323,533.00. Resolution No. 230-87 approving a purchase order agreement with BBC Brown Boveri, Inc. for 2 circuit breakers in the amount of $174,750.20. Resolution No. 231-87 approving a purchase order agreement with Lanick and Liljegren Co. for a fault interrupter in the amount of $31,240.00. Resolution No. 232-87 approving a purchase order agreement in the amount of $146,500.00 for 7 cubicles of 13.8kV Metalclad Switchgear. This is with BBC Brown Boveri Inc. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item F-1 An Ordinance Relating to Alcoholic Beverage Sales; providing for various license classes, designating license processing and approval procedures, and specifying restrictions applicable to such sales; amending the Rochester Code of Ordinances by adding Chapter 125A thereto; repealing Rochester Code of Ordinances Chapters 125 and 126 in their entirety. This was given its second reading. Bluhm moved, Strain second to adopt the Ordinance as read.Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property to B-4; Knights of Columbus and adjacent property was given its second reading. Strain moved, Allen second to adopt the Ordinance as read. Ayes (7),Nays (0). Motion carried. F-1 An Ordinance Relating to Bicycles; Relating to the sale of unclaimed bicycles; amending the Rochester Code of Ordinances Section 131.04 was given its second reading. Hunziker moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 Discussion was held by the Council on the Ordinance granting a limousine franchise to Top Hat Partners. It was mentioned by Alden Wildfeuer of 1258 17th Avenue S. W. Apt # 4 Roch.' Mn. that Top Hat had been seen running routes that were not licensed in Rochester as well as serving champagne. Dave Brandt of Rochester Transportation also stated that he saw this company running routes in Rochester. President Postier stated that this Ordinance should not be read the second time until this matter is investigated further Allen moved, Hunziker second to table the second reading of this Ordinance. Ayes (7), Nays (0).Motion carried. G-1 Solinger moved, Bluhm second to remove the Request to extend utilities servicing Foxcroft Subdivision from the table. Ayes (7), Nays (0).Motion carried. After Council discussion, it was noted that the motion would be stated as follows: " approve the extension of Project No. 8505 J 8919 from manhole No. 17 to 19 ( Sewer and Water ) and that the developers would not object to the assessments if it was extended from 19 to North boundary (development ) line. It was also stated that the Council would not commit in advance of a 5 year deferrment of the assessment /or when developed. Ayes (7), Nays (0).Motion carried. Having no further business, Solinger moved, Allen second to adjourn the meeting until 7:30 P.M. 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: President Postier,Aldermen Allen, Bluhm, Canfield, Hunziker, Solinger and Strain. Absent: None. B-1 A Hearing on the PUD No. 87-4 for a Planned Unit Development (Concept Statement ) for Ftksdal Motel Parking,on properties at 1220, 1216, 1212 and the vacant lot at 1208 l'st St. S. W. Wishing to be heard was Ron Bailey of Yaggy Colby Architects, Roch. Mn. He F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item B-1 stated that they would like to have the second exit driveway included in this plan. He stated that the rush hour traffic should not be a problem with the second exit. Alderman Canfield stated that the lighting in this area would be addressed in the final plan and he had no:_. problems with the additional exit. Having no one else present that wished to be heard, President Postier closed tI hearing. Canfield moved, Strain second to approve the concept state• ment and include the two driveways. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Repeal of the Ordinance No. 2146 and No. 1875 related to the Official Street Map for the 41st Street N. W. Inter- change. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Solinger second to instruc the City Attorney to draw up the necessary Ordinance changing this Official Street Map. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the vacation of 1st Street S. W. for the Center Place Project. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to continue the hearing until the May 18, 1987 meeting. Ayes (7), Nays_(0).Motion carried. B-4 A Hearing on the Petition to vacate a ten foot utility easement in Lot 1, Block 1, Westwood First Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Allen second to adopt Resolution No. 233-87 approving the vacation. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Application for Federal Transit Assistance for Construction of a Skyway/ 100 Block 2nd Street S. W. Having no one present that wished to be heard, President Postier closed the hearing.. Bluhm moved, Hunziker second to adopt Resoltuion No. 234-87 approving tn'e application and submission of this document to the Urban Mass Transportation Administration. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed project No. 6314-3-87 J 8966 - Reconstructi of 14th Avenue S. W. from 633 feet South of 2nd Street S.W. to 6th Street S. W. Wishing to be heard was Barb Acorn of 534 14th Avenue S. W. and was speaking on behalf of the 14 residents of the area. They would like this continued for a couple of weeks in order for the neighbors to get more information on this. Having no one else present that wished to be heard, Canfield moved, Hunziker second to continue this hearing for two weeks. Ayes (7), Nays (0).Motion carried. ( NOTE: this hearing was not closed. ) B-7 A Hearing on the proposed project No. 6206-1-86 J 8927 - Relining of the existing Sanitary Sewer in 5th Street N. E. from loth Avenue N. E. to llth Avenue N. E. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Hunziker second to table this for two weeks for more information. Ayes (7), Nays (0).Motion carried.. 29, 171 2872 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item A Hearing on the Proposed project No. 6110-87 J 8953— Resurfacing of Street, Concrete Curb and Gutter and Concrete Driveway approaches on Elton Hills Drive N. W. from 16th Avenue N. W. to 5th Avenue N. W. Wishing to be heard was Mary Farrell of 1332 Elton Hills Drive. She wanted to know if this street is resurfaced would heavy traffic be allowed and would this generate more traffic? Al Toddie of Public Services stated that it is a state aid street and the surface is governed by the regulations of the state. Wishing to be heard wa! Elroy Gaedy of 1308 Elton Hills Dr. and wondered if they were assessed for the street can they be assessed again for the same thing? Al Toddie stated that only 1" will be assessed. Mr. Toddie also.stated that the sewer will be upgraded so that flooding will not be as bad as in the past. President Postier stated that the 1" resurfacing that is assessed is considered normal maintenance for a street. Wishing to be heard was Bill Larson of 2321 Elton Hills Drive and is in favor of this project. He is also worried about the trees in the area and would like them saved. He was informed that most of the trees would be saved. Mr. Larson also wondered if his approach to his driveway would be damaged and would have to be redone. Mr. DeVries of the Public Services Dept. stated that they would be O.K. Mr. Roger Plumb, of the Public Services Dept. will check this out to be sure the approach is up to code. Wishing to be heard was Kent Campbell of 904 Elton Hills Drive. He he was concerned about the amount of his assessment. Wishing to be heard was Mrs. Ronald Morrie of 2104 Elton Hills Dr. and she was concerned about the curb that was installed 3 yrs. ago. The contractor left a lip that is hazardous for people. Mr. Plumb, Public Services Director will check this out. Mrs. Morrie stated that her house vibrates so bad., when cars hit this lip that her pipes are going bad. Having no one else present that wished to be heard, President Postier closed the hearing. No action will be taken upon a motion to table for 1 month made by Bluhm and second by Hunziker. Ayes (7) Nays (0).Motion carried. B-9 A Hearing on the proposed project - Sidewalk Replacement No. 1-1987 J 8987. East Center Street to 4th Street S. E. and Zumbro River to llth Avenue S. E. Harold DeVri-es presented slides on the area in the construction zone, Wishing to be heard was Mary Wilson of 210 6th Avenue S. E. She had pictures of the area on her property that was marked. She does not think that her sidewalk is in bad condition and should not be replaced. Also she wanted to know how much the assessment would be in the event the City did put in new walk. C Roger Plumb, Public Services Director stated that he would check her walk. 1 Agenda Item HE W B-11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Wishing to be heard was Tom Dashow of 204 6th Avenue S. E. He was opposed to this sidewalk. He thinks it is unnecessary. He ,would like to see this project tabled for 2 or 3 years. Wishing to be heard was George Paulson of 208 6th Avenue S. E. He wanted more details on lineal feet and structural detail. Mr. DeVries answered his questions. Mr. Paulson also was informed that he could take out his own permit and put it in himself. He would have to get the specifications from Public Services Dept. first. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to adopt Resolution No. 235-87 ordering the project to be made and order bids to be advertised and opened at 11:00 A.M. on June 9, 1987. Ayes (7), Nays (0).Motion carried. A Hearing on the Sidewalk Replacement Project No. 2-1987 J 8988 - llth Avenue S. E. to 19th Avenue S. E. and East Center to 4th St. S. E. Having no one present that wished to be heard, President Postier closed the hearing. Canfield moved, Strain second to adopt Resolution No. 236-87 ordering the project to be made and authorized the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 9, 1987. Ayes (7), Nays (0).Motion carried. A Hearing on the New SIdewalk Project No. 3-1987 - Various locations. S. Side of 41st St. N W. ( llth Ave. W. to sidewalk inplace ). 29th Avenue N. W. and 26th Street N. W. ( Birchwood Knoll Acres ). Nly an, Ely sides Evergreen Dr. N. W. (fill-ins ). 25th Ave. N. W. ( 19th St S. to Swlk inplace. fill-ins and easement). S. side 6th Street N. W (llth Ave. W. to sidewalk inplace ). S. side 7th St. N. W. (Cascade Creek West to llth Avenue N. W. ). East Side 9th Ave. N. W. (5th Street to Cascade Creek ). 3 lots in Pinewood Hills ( 20th Avenue N. E., 21st Avenue N. E., 16th N.E. ) - 2817 56th St. N. W.; 5603 25th Avenue N. W. - Washington School Curb and Gutter ( E. side llth Avenue N. W.- 12th St. S. to curb inplace ). East side of S. Broadway ( 9th Street N. to bridge ). N. & S. side 28th Street N. W. ( fill-ins W. of 18th Ave. ). Wishing to be heard was Roger Christenson of Rochester and wanted to know the price per lineal foot. He was told approx. $8.00 to $8.50. Wishing to be heard was Don Kirkoff of 1834 Evergreen Dr. N. W. He is opposed to this sidewalk. Wishing to be heard was Jean Dahling of 414 9th Avenue N. W. She wanted to know why this walk was not put on the other side of the road. Mr. Plumb stated that when.flood'contr.ol is implemented the footbridge will be replaced and the walk should not be put in the flood area. Ms. Dahling still thinks that the sidewalk should be put on the football field side of the street because that is where the people walk. She said that the footbridge is in really bad shape and the general area needs to be cleaned up. Mr. Plumb stated that 2873 2874 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item B-111 he would check this area for her. Wishing to be heard was Joe Dahling of 414 9th Avenue N. W. and asked why have the people pay for the sidewalk when it should be placed on the opposite side where it is used and a path can them be followed by the users without crossing the street. Alderman Canfield agreed that it would make more sense to put the sidewalk where people used them. Mr. Roger P1umb,Public Services Director stated that this could be put outside of the floodway so that it would not be torn up. Wishing to be heard was Clarence Horst of 2821 26th Avenue N. W. and stated that in the area where he lived, the developer was supposed to have installed sidewalks and did not. He stated that the homeowners were concerned about this and did not want to pay. Wishing to be heard was Denny Weestrand of Rochester, Mn. He was opposed to sidewalk being put in the area on 9th St. S. E. He stated that no one used it. Alderman Solinger asked him if no walk was necessary with all that traffic? Mr. Weestrand stated that they would have a drainageway between the sidewalk and his stores. Mr. Plumb then informed him that the drainageway would be filled. Alderman Strain also stated that this would keep the people off.the dangerous parking lots. Wishing to be heard was Mabel Littenhouse of 9th Ave. N. W. She does not want or need the walk. She said only a few children from Lourdes use it a little bit. Wishing to be heard was Robert Bauer of 2641 41st , Avenue N. E. and inquired about where to get a permit if he wanted to put in his walks prior to City bidding. Mr. DeVries gave him the information. Having no one else present that wished to be heard, President Postier closed the hearing. After Council discussion Alderman Canfield stated that he was in favor of eliminating the footbridge walk and would like no sidewalks. Alderman Allen stated that they should get the bridge fixed and delet that part of the sidewalk on the east side of 9th Ave. Having no further Council discussion, Solinger moved, Canfield second to adopt Resolution No. 237-87 ordering the project to be made and authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 9, 1987. Ayes (7), Nays (0).Motion carried. B-12 A Hearing on the Sidewalk Replacement No. 4 -1987 J 8992 - Various locations City Wide - Wishing to be heard was Dale Morris owner of the Octopus Car Wash. was present and was concerned about the in -drive at the car wash and stated that he was going to replace the sidewalk himself. He wondered if it was o.k. to use 8" on surface on the thru way instead of 5 - 7"? He was told this is O.K. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 35 - May 4, 1987 Agenda Item B-12 Wishing to be heard was Chuck DeWitz of 1801 Cascade Street and is living on the corner of 18th Ave. N. W. and would like Mr. DeVries to take a look at this and see if a wheelchair ramp could be installed. Mr. DeVries will look at this. Having no one else present that wished to be heard, President Postie closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 238-87 ordering the project to be made and instructed the City Clerk to advertise for bids on June 9, 1987 at 11:00 A.M. Ayes (7), Nayes (0), Motion carried. B-13 A Hearing on the Proposed Assessments on Project No. 6303-4-79 J 211 Construction of West River Parkway from Elton Hills Drive N. W. to 41st St. N. W. Having no one present that wished to be heard, President Postier closed the hearing. Canfield moved, Allen second to adopt Resolution No. 239-87 accepting the assessment. Ayes (7), Nays (0).Motion carried. B-14 A Hearing on the Zone Change No. 87-3 from the M-1 ( Light Industrial Flood Fringe ) District to the B-4 (General Business Flood Fringe ) District on .75 acres on property located along the east side of South Broadway between 9th Street S. E. and 9 112 Street S. E. It was noted that the Planning staff and the Planning Commission denied this change. Wishing to be heard was Denny Weestrand of Rochester, Mn. and is the applicant. Mr. Weestrand wants this change so that the property can be used. This property is in a commercial area and a B-4 zone would allow him to use it. Solinger moved, Hunziker second to deny the zone change. Ayes (5), Nays (2). Aldermen Bluhm and Allen voting nay. Alderman Bluhm questioned Alder man Solinger as to why he moved to deny. Alderman Solinger stated that it was toynarrow with the ROW running by the railroad. Alderman Bluhm stated that he doesn't know why the Council should be concerned about what use the developer would have for a narrow piece of property and why the City should protect him. E-1 The item of Proposed Ice Cream Vending Policy was discussed by the Council. Allen moved, Strain second to take this item back to the Committee of the Whole and decide what rules and regulations they want to implement on this policy. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance regarding the Official Street Map No. 6 was given its first reading. Having no further business, Allen moved, Strain second to adjourn the meeting until May 11, 1987 at 4:30 P.M. Ayes (7), Nays (0). Motion carried. City Clerk Information - 1. Injury - letter - Irene Johnson fell on sidewalk - referred to City Attorney and Finance. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting N o. 35 - May 4, 1987 Information Section - Cont. 2. Notice of Claim received from Bor-Son Construction ,Inc. regarding the Mayo Civic Center project. Referred to the Insurance Company and City Attorney. 1