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October 23, 1978 Page 5 <br />tor tower, with H & A Water Specialists being low bidder at $23,075, and for Schedule <br />B, the treatment plant, with Tenyer Coatins being the low bidder at $12,000, and <br />with H & A Water Specialists being the overall low ibdder with a total bid of $36,375. <br />Administrator Achen explained that Larson Tank Co. of Hopkins had submitted a bid <br />of $36,000 for Schedule A but had not bid on Schedule B. Comstock & Davis contacted <br />them to make sure they only intended their price to cover Schedule A, as it was <br />$36,000, which would have made them the overall low bidder, but they verified that <br />they intended their bid to cover Schedule A only. <br />Attorney Meyers recommended that the City get a letter from Larson Tank Co. verifying <br />that their bid only covered Schedule A. <br />MSP (Rowley - Ziebarth) to accept the low bid of H & A Water Specialists for $36,375 <br />for cleaning and repainting of the elevated water tower and treatment plant no. 1, <br />contingent upon verification that the Larson Tank Co. bid was based strictly upon <br />bidding on Schedule A and not meant to be bid for both Schedules A and B, per a <br />statement from John Bearden of Comstock & Davis. <br />4 ayes <br />REZONING OF SEVEN - ELEVEN PROPERTY FROM B -3 HIGHWAY TO B -1 NEIGHBORHOOD COMMERCIAL DISTRICT <br />8:25 PM Mayor Pickar recessed the regular meeting and opened the public hearing on <br />rezoning Seven - Eleven property from B -3 to B -1. <br />Mayor Pickar asked if there was anyone present in the Council Chamber to represent <br />Seven - Eleven. There was no response. <br />Administrator Achen reported that the legal notice had been published in the New <br />Brighton Bulletin on October 12, 1978, and that the legal notices had also been <br />mailed on October 12, 1978, to the required property owners within 350'. He stated <br />that Seven - Eleven was sent a legal notice and had been sent a letter on September 26, <br />1978, informing them that the Council had set a public hearing for October 23, 1978, <br />for downzoning, although they are not present. <br />Administrator Achen stated that since the last Council meeting the City has received <br />no communication from Seven- Eleven. He stated that the City had sent them a letter <br />informing them of the time and date of this public hearing and that the Council would <br />be discussing the rezoning. <br />Administrator Achen explained that the Planning Commission, at the time it considered <br />Seven - Eleven's application for conditional use permit for gas sales, recommended <br />the property be downzoned to B -1 to conform with the Comprehensive Plan. <br />Attorney Meyers stated that authorization for rezoning lies with the Council <br />and that such a decision requires a 4 /5ths vote by the Council. Attorney Meyers <br />stated that downzoning may involve the property owners rights but that with B -3 to <br />B -1, the existing use would be permitted to continue and should cause no liability <br />or damage on the part of the City. Attorney Meyers also stated that he did not feel <br />a court would be sympathetic with Seven - Eleven since they had not shown up for <br />several of the Council or Planning Commission meetings to discuss their request or <br />the rezoning, nor were they at this hearing. <br />