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HomeMy WebLinkAbout09-08-1992�r 3976 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1992 A-1 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Councilmembers Canfield, Hunziker,.McConnell, Petersson and Senjem. Absent: Councilmember Crawford. Petersson moved, McConnell second to approve the minutes of the August 17, 1992 meeting. Ayes (6), Nays (0).Motion carried. B-1 A Hearing on the Proposed Mayo Bond Refunding. Having no one present that wished to be heard, President Selby closed the hearing. Peterssc moved, Hunziker second to adopt Resolution No. 501-92 approving the issuance of the refunding bonds. Ayes (6), Nays (0).Motion carried. It is .noted that Councilmember'Senjem is employed by the Mayo Clinic. B-2 A Hearing on the Final Plat of Glendale Third Subdivision. David Morrill of McGhie and Betts, Inc. Engineering firm was present and represented the Dev. He stated that they agree with the conditions and the revised parkland dedication amount of $546.00 which was recommended by the Park Dept. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson.moved, McConnell second to adopt Resolution No _�502-92 approving the plat with the following conditions: 1. Parkland dedication requirements must be met by a cash dedication of the new amount as stated above of $546.00. 2. Sidewalks -will be required along both sides of 26th St. N.E. 3. Prior to the construction of structures, accessibility for fire vehicles., ehicles shall be'present and maintained, and water supplies shall be present and available for fire fighting. Ayes (6), Nays (0).Motion carried. B-3 A Hearing on the Final Plat of Bamber Corner Fourth Subdivision. Wishing to be heard was Arnold Bomgaars, Petitioner. He agrees with the conditions. They addressed the drainage problems and stated that they will be responsible for a drainage easement. They will see to it that all past due accounts with the City are paid. Councilmembers Canfield was concerned about the stone fence and if it wouldbe bothered or destroyed. Mr. Bomgaars stated that they do not have control of that fence, but the Mayo properties do. However, his plat does not go as far as the fence, but he has been assured that this stone fence will be preserved.. Councilmbr.Hunziker referred Planning Staff Review and Recommendations in item No. 2. Drop the entire first sentence and start with "In addition, the required ..... Council agreed with that recommendation from Councilmember Hunziker. Having no. one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Petersson second to adopt Resolution No. 503-92 approving the plat with the .&6 conditions as listed on the Planning Staff Review with the correction to No. 2 as i listed above. Councilmember Senjem questioned Mr. Bomgaars on who ould carry the liability on the detention pond. Mr. Bomgaars stated hat the Homeowners Association would be responsible. t is so noted that they will do so. Ayes (6), Nays (0). 1 to the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3977 _Regular Meeting No. 9 - September 8, 1992 Agenda Item B-4 A Hearing on the Zone Change by the Ray Mar Motel- property at 112 16th Ave. S 'W. from R-3 to B-1 (Restricted Commercial) Dist. Wishing to be heard was Richard Arend from the Ray Mar Motel and urged the Council to approve this. He stated that he is using the parking spaces at Embers Rest. now to handle his overflow, but that it was only courtesy and he could lose the spaces if a new owner comes to the Embers, etc. He would like to use this change of zoning to allow him to have his own parking. He stated that this Commercial district.zone is all around this area and would not be a "spot" zoning situation . Wishing to be heard.was Charles Peterson of 1425 lst St. S.W. and is speaking for his wife too. They are opposed. He states that this are planning to sell their.home in a couple of years and he does not want this zone change to devalue their property. He would rather look at "bad buildings" than a parking lot. Wishing to.be heard was Mike Schaffer of 1432 1st St. S. W. He is also opposed. They preferred the house stayed on the lot instead of parking. Wishing to be heard was Thurmond Drummond of 1504 1st St. S.W. and lives directly behind the house (Parking lot). He was opposed to this in the first place, but now is in favor. He thinks the fence will be nice and the light will be behind the fence. Wishing to be heard again was Charles Peterson of 1425 1st St. S.W. He stated that the current zoning is already in place for the neighborhood and there will be'a significant change in the nextl0-15 years on the activities of .the St. Mary's area. He would. like to see a concrete plan for the area and have it remain so. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Petersson.second to approve the request and instruct the City Attorney to prepare an Ordinance for the zone change. Councilmember Canfield believes that the area around 16th St. is changing and thinks this fence is a good thing. He stated that the house that is there presently could be rented and cause the neighbors a lot of trouble too. This way, the parking lot can be monitored. Councilmembers McConnell and Petersson agreed with Councilmember Canfield. After further Council discussion, vote was taken, Ayes (6), Nays (0).Motion carried. B-5 A Hearing on the proposed project 6313-3 and 4 -91, J 2153 — Storm Sewer, Watermain, Sanitary Sewer, Concrete Curb and Gutter, Street Replacement and Widening on 13th Avenue S.W.-N.W. from 2nd Street S.W. to Cascade Creek. Wishing to be heard was Jim Dolan of 966 Skyline S.W. He operates two businesses in the area and employs 450 people. He wanted to know more about this project and especially. about the closing of the streets if this project was to be approved. Would.they always have access,to their business.. Mr. Roger Plumb, Public Services Dir. explained the project to him and stated that they would have access. The only time would be a couple of hours a day when the contractors would have to close the streets. Wishing to,be heard was Brad Grimes of 213 13th Ave. N. W. He stated that he had a new curb and if it was torn up, would he have to pay for a new one. Roger Plumb, Public Services Director stated that if it ,was i_n:good.shape, then he.would.not have to pay.for a new one. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-5 M. C-1 E-1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 8, 1992 Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second to adopt Resoluti No.'504-92 approving the project and the amount of $133,516.00 be transferred from the Future Construction Account (301-1994). Ayes (6), Nays (0).Motion carried. A Hearing on the proposed project No. 6312-4-91 J 2154 - Storm Sewer Watermain, Concrete Curb and Gutter and Street Replacement on 12th Avenue N. WV from -West Center Street to Cascade Creek. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Senjem second to adopt Resolution No. 505-92 approving the project. Ayes (6), Nays (0).Motion carried. Petersson moved, Senjem second to aprpove the appointment by Mayor Hazama of Kathleen 0. Needham of 18051/2 48th St. N. W. and Thomas Kelly of 854 26th St. S.E. to the Human Rights Commission. They will have a term to run to May 1, 1995. Ayes (6), Nays (0).Motion carried. Discussion was held by the Council on the request for Compliance with Truth in Taxation requirements. This would require the City to certify the proposed property tax levy in the amount of $16,407,231. and establish a preliminary 1993 budget to be $90,000,000 and establish a public hearing for the tax levy and budget for December 7, 1992 at 7:30 P.M. Councilmember McConnell stated that he was opposed to setting a figure before the budget was adopted. He stated that adopting a high figure would only enhance that amount to be spent. He is opposed to that high a figure. Mr. Stevan Kvenvold, City Adm. went over the details with Councilmember McConnell and stated that the high figure is just that. The budget has to be approved by himself and then the Council. If they want to cut at (that time they can, but the City should allow for this flexibility and even with these figures, it is still very conservative for the City to deal with in accepting budgets for departments in 1993. Councilmember Hunziker asked if the Police Dept. had any new positions included in this figure. Mr. Kvenvold stated that they did not request any new positions and that they were not included in the figure. Councilmember Hunziker then stated that maybe the amount should be increased because he has had many calls urging the City to hire more police. Councilmember Canfield stated that the City has always been careful about the budget and thinks 6% or the figures as listed are amounts the City can work with. Councilmember Hunziker stated that he did not mean the current Police Dept. was not functioning appropriately. They are, but need is for additional police. Some of this people who called were willing to pay for the services in order to feel safe. Councilmember Petersson stated that maybe the figures should be increa to cover those expenses. She stated that they can deal with this durin budget reviews, but at least the money would be there if needed. Vote.,was taken at this time. Ayes (5), Nays (1) Councilmember McConnell voted nay. Motion carried.Resolution No. 506-92 was adopted. ;ed 1 0 E-2 Senjem moved, Canfield second to adopt Resolution No.507--92 authorizing the Mayor and City Clerk.to execute a contract with Electronic Interiors for Audio/Visual Design Services in the amount of $27,200 for Phase I and II for.the City/County Govt. Center. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 0,9 79 Regular Meeting No. 8 - September 8, 1992 Agenda Item E-2 JAyes (6), Nays (0).Motion carried.It is noted that this is a sales tax expenditure. E-3 Petersson moved, Canfield second to approve the moving of future meeting dates for meetings which fall on holidays to 7:30 P.M. on the following Wednesday. This is for Council meetings. Upon Roll call vo Councilmembers Canfield, Hunziker, Petersson., Senjem and President Selby voted aye Ayes (5.), Councilmember McConnell voted nay. Nays (1) Motion carried. Resolution NO. 507A-92 was adopted. . E-4 Petersson moved, Senjem second to adopt Resolution No. 508-92 allowing, -:the -.extension of Foxcroft Circle S.W. to the Co. Road subject to dedication of the roadway easement, amending the bond for the construction and review and approval of the plans by the Public Services Dept. Ayes (6), Nays (0).Motion carried. E-5 Hunziker moved, Canfield second to adopt Resolution No. 508A-92 granting a Revocable permit to close the alley behind the Holiday Inn subject to the following conditions : 1. Barricading is limited to Friday, Sat. and Sun. nights between the hours of 7 P.M. and 6 A.M. 2. Holiday Inn is responsbile for providing and barricades and setting them up and taking them down. Ayes (6), Nays (0).Motion carried. E-6 Canfield moved, Petersson second to adopt Resolution No. 509,-92 appointing the Commission of Transporation to act as agent for the City in the Airfield.lighting project - AIP 1-3-27-0084-08. Ayes (6), Nays (0).Motion carried. E-7 McConnell moved, Senjem second to adopt Resolution No. 510-92 approving the amended agreement for purchase of new radio equipment for the Rochester Municipal Airport. Ayes (6), Nays (0).Motion carried. E-8 Canfield moved, Senjem second to adopt Resolution No. 511-92 approving the Change Order No. 2 with Nielson Equipment Sheet Metal. This is in.the amount of $475,00. for two menu board panels at.the Rochester Municipal Airport Restaurant. Ayes (6), Nays (0).Motion carried. E-9 Petersson moved, Hunziker second to adopt Resolution No. 51-2-92 approving the Change Order No. 2 with A.E. Benike for Snack Bar Remodeling in the amount of 1,954.00. Ayes (6), Nays (0).Motion carri E-10 Petersson moved, McConnell second to adopt Resolution No. 513-92 approving the following resolution as adopted by the Rochester Public Utility Board: Contract agreement with Mayo Foundation for the Mayo Communications Duct Agreement. Mayo agrees to pay for all costs associated with the communications duct. Ayes (6), Nays .(0).Motion carried. 3980 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1992. Agenda Item E-11 Canfield moved, Senjem second to approve the following licenses and bonds: Auctioneers - Murton K. Boyum of St. Charles; Luther Olson of Lanesborl Mn. and Anthony M. Warmka of Grand.Meadow. Auctions —Lourdes High School (.10-17-92 ); Best Western Motel-9-7-92 prior approval). Gambling - Rochester Art Center - Raffle-10-10-92. Outdoor Dining - Daube's Bakery and Kinditorei. Misc. Activities- Rochester Track Club - Stride for Fitness Road Race-9-19-92 and Mayo High School - Homecoming Parade-9-25-92. Sound Ampl-ification - Chris Guibert 'Block party-8-29-92 (prior approval was given). Ayes (6), Nays (0).Motion carried. E-12 E-13 Hunziker moved, Senjem second to approve the issuance of an On -Sale Wine license to Hung Fu Chu DBA China Dynasty Rest. 701 So. Broadway. Ayes (6), Nays (0).Motion carried. Senjem moved, Hunziker second to adopt Resolution No. 514-92 setting a public hearing for Oct. 5, 1992 on the proposed assessments of Debris Removal and Unpaid Sewer/Water charges. Ayes (.6), Nays (0). Motion carried. E-14 Canfield moved, Senjem second to deny the request for on -sale Intox. Liq. "Exclusive license" to Donald Hayes DBA The Other Side at 301.17th Avenue S. W. After Council discussion, The Council was concerned about the location and based on this Petersson moved, Senjem second to table this for further information. Ayes (6), Nays (0).Motion carried. E-15 Senjem moved, Petersson second toapprove the Accounts Payable in the amount of $3,220,461.44. List on file with the City Clerk. Ayes (6), Nays (0).Motion carried. E-16 Petersson moved, Hunziker second to instruct the City Attorney to prepare an Ordinance relating to the Rochester Sales and Use Tax. Ayes (6), Nays (0).Motion carried. E-17 Hunziker moved, McConnell second to adopt Resolution No. 515-92 closing the completed improvement projects and transferring unexpended balances pursuant to Mn. Statutes Sec. 429.091 Sub.4 in a total amt. of $252,890.98. Ayes (.6), Nays (0).Motion carried. E-18 McConnell moved, Hunziker second to adopt Resolution No. 516-92 closing completed improvement projects and transferring unexpended balances in the amount of $733,520.61. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1992 Agenda Item E-19 Hunziker moved, Senjem second to adopt Resolution No. 517-92 and 518-92 authorizing the City.Clerk to advertise for bids on Aluminum Sulfate and Ferric Chloride for the Water Reclamation Plant. Bids to be opened at 2:00 P.M." on Oct. 5, 1992. Ayes (6), Nays (0).Motion carried. E-20 Petersson moved, Senjem second to adopt Resolution No. 519-92 awarding the bid of Fuel in Tankwagon loads to B & F Fuel Service as follows: Unleaded and regular gasoline - .028 per gallon over CPC pricing - Diesel fuel: - .0369 per gallon over CPC pricing. Ayes (6), Nays (0).Motion carried. E-21 Canfield moved, Hunziker second to adopt Resolution No. 520-92 .approving the Affirmative Action Plan for 1992-1994. Council had discussion on who should administer this. Should it be the Employee• Relation Director - The Council would like to discuss this at a Committee of the Whole. The plan was voted on as follows: Ayes (6), Nays (0).Motion carried. E-22 Petersson moved, Canfield second to instruct the City Attorney to prepare an Ordinance approving the request for orderly annexation on 2.44 acres of land located east of Fred Schuster Ind. Park -(Mohn and Penz). Ayes (6), Nays (0).Motion carried. E-23 McConnell moved, Petersson second to instruct the City Attorney to prepare an Ordinance approving the petition to annex,13.72 acres of vacant land in a part of the N 1/2, NW 1/4 Sec. 30 Haverhill Township in the No. Heights E. area. Ayes (6), Nays (0).Motion carried. E-24 Petersson moved, Senjem second to adopt Resolution No. 521-92 approving a Type I Land Sub. Permit 92-15 - This is for Dr. Murray Silverstein at 5911 llth Avenue S.W. It is noted that the owners of this subdivision agree to connect to City water service when it becomes available and that the owners should agree to pay for the cost of the installation of the City watermain for their property at some later date. Ayes (6), Nays (0).Motion carried. E-25 Hunziker moved, Canfield second to approve the initiation of Amendment to Land Development Manual pertaining to the Temporary Signs. Ayes (5), Nays (1). Alderman McConnell voted nay. Motion carried. E-26 Petersson moved, Senjem second to adopt Resolution No. 522792 setting the fees as imposed by Rochester Code of Ordinances Chapter 106 relating to the Animal pound fees. Ayes (6), Nays (0).Motion carried. E-27 Petersson moved, Canfield second to adopt Resolution No. 523-92 authorizing the City Clerk to advertise for bids on Project No. 6313- 3 and 4 - 1991 - J 2153 - Storm Sewer, San. Sewer, Concrete Curb and Gutter, St. Replacement and Widening on 13th Ave. S.W.-N.W. from 2nd St. S.W.to Cascade Creek. Bids to be opened at 11:00 A.M. on Oct. 2, 1992. Ayes (6), Nays (0).Motion carried. �� d 3982 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON. COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meeting No. 8 - September 8, 1992 Agenda Item E-28 Canfield moved, Hunziker second to adopt Resolution No. 524— 92 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on October 2, 1992 on Project 6312-4-91 J 2154 - Storm Sewer , Watermain , Concrete Curb and Gutter and Street Replacement on 12th Avenue N.W. from West Center Street to Cascade Creek. Ayes (6), Nays (0).Motion carried. E-29 Petersson moved, McConnell second to adopt Resolution No. 525-92 authorizing the City Clerk to advertise for bids on Project 8313-92 J 9250 - San. Sewer and Watermain Extension to Northern Hgts. East 8th Sub. Bid-S to be opened at 11:00 A.M. on Oct. 2, 1992. Ayes (6), Nays (0).Motion carried. E-30 Hunziker moved, Canfield second to adopt Resolution No. 526-92 authorizing the City Clerk to advertise for bids on a Retaining Wall Parcel 245, Stage 2A Corps Flood Control Project. Bids to be opened at 11:00 A.M. on Oct. 2, 1992. This is J 4883-2A and the official project is " Retaining Wall and Related Construction for East of CM & E Railroad and South of 4th St. S.-E. in Roch.Mn. Ayes (6), Nays (0).Motion carried. E-31 Petersson moved, Senjem second to adopt Resolution No. 527-92 approving the fee interest in 4,865 sq. ft. of vacant commercial land and temp. easement over 20,581 sq. ft. of land, necessary for the 37th St. widening project, from Stan Mohn and Carlton Penz for $8,800.00. Ayes (6), Nays (0).Motion carried. E-32 Hunziker moved, Senjem second to adopt Resolution No. 528-92 amending the Comp. Parking Res. adding Para (8 alleys) to Sec. G - (8) North -South Alley South of 4th Street S.W./200 Block for South - bound traffic. Ayes (6), Nays (0).Motion carried. E-33 Hunziker moved, Senjem second to adopt Resolution No. 529=-92 adding para.(301) to the Comp Parking Resolution book - (301) Arbor Drive N.W. on both sides from 31st Avenue N. W. to a poin 170 feet West, at all times. Ayes (6),Nays (0).Motion carried. E-34 Petersson moved, McConnell second to adopt Resolution No.5530-92 amending the Comp. Parking Res. adding Para. (301). (301) - Apache Drive on both sides , its entire length from 12th Street to 16th Street, at all times. Ayes (6), Nays (0).Motion •carried. E-35 Petersson moved, Hunziker second to adopt Resolution No. 531-92 authorizing bids to be received on CBD Parking Lot Snow Removal t with bids to be received until 11:00 A.M. on Sept. 17, 1992. Ayes (6), Nays (0).Motion carried. E-36 McConnell moved, Petersson second to table the request for a 37 Foot Driveway for St. Mary's Hospital onto 14th Avenue S: W. Public Servi needed this for emergency vehicles. Councilmember Canfield stated th he hoped that this was the end of the accesses on 14th- IF there are any more requests, the accesses should be on 2nd St. He also wondere Lif a traffic pattern was made by St. Mary's. I Agenda Item E-36 E-37 E-38 F-1 F-1 F=l F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 398-3 Regular Meeting No. 8 - September 8, 1992 He requested that this be tabled until representatives from St. Mary's Hospital can be heard at a Committee of the Whole meeting. Ayes (6), Nays (0).Motion carried. Petersson moved, McConnell second to reject the bid of Bor-Son Construction in the amount of $18,500. as the estimate was only $10,000. and Bor-Son was the only bidder. This was for Building Repairs at the Water Reclamation Plant. Ayes (6), Nays (0).Motion carried. Hunziker moved, Canfield second to accept the quotation from Don Prow Cement to construct a loading dock and sidewalk improvements at the Art Center subject to proof of insurance and workmen's Comp. coverage. Ayes (6), Nays (0).Motion carried. An Ordinance Rezoning property to B-1 in S 40' of Lots 11 and 12 of Block 4 A.W. Kutzky's Addition was given its first reading. An Ordinance Amending and Reenacting Sections 129.01, Subd. 17; 129.02; 129.40, Sub. 1 and 3 and 129.44 of the Rochester Code of Ordinances Relating to the City Sales Tax was given its first reading. Petersson moved, Hunziker second to suspend the rules and give this Ord. a second reading. Upon Roll Call vote, Councilmembers Canfield, Hunziker, McConnell, Petersson, Senjem and President Selby voted aye. Ayes (6), Nays (0).Motion carried and the Ordinances was given a second reading. Petersson moved, Hunziker second to adopt. the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Annexing to the City of Rochester 2.44 acres of lands situated in SW 1/4 of Sec. 27, T 107N R 14W Olmsted Co., Mn. was given its first reading. An Ordinance Annexing to the City approx. 13.72 acres of land in the N 1/2 of the NW 1/4 of Sec. 30 T107 N Range 13 W. was given its first reading. An Ordinance Amending Sec. 106.01, Sub. 2,4,5 and 6; 106.07,and 08 09 and 10, 11 and 14,15, 17 and 18 and creating Sec. 106.19 and 106.2( of the RCO Relating to the Keeping of Animals in the City of Rochester was given its second reading. Petersson moved, Senjem second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Amending Sub. 1 (b) and (c) of Sec. 125A.081, and Sub. (d) of Sec. 125A.083 of the RCO Relating to license Fee for an Intox. on Sale license and for a dance license was given its second reading. Ayes (6), Nays (0).Motion carried. Petersson moved, Hunziker second to adopt Resolution No. 532-92 approving the owner contract with Yaggy Colby Assoc. for Basic Const. in Meadow Hills South Sub. - Road Const. Inc. Ayes (6), Nays (0). Motion carried. 398 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1992 Agenda Item F-1 McConnell moved, Hunziker second to adopt Resolution No. 533-92 apprvoing an Owner Contract with McGhie and Betts, Inc. Eng. and South Pointe Sub. and Elcor Const.for San. Sewer Ext. and Private Watermain. Ayes (6), Nays (0).Motion carried. F-1 Hunziker moved, Canfield second to adopt the revised plans for the Amendment to the Fiksdahl Planned Unit Dev. (PUD B-90). .Ayes (6), Nays (0).Motion carried. Res.::534-92 was adopted. F-1 An Ordinance annexing .87 acres of land now being platted as part of the Northwest Plaza was brought before the Council. This was given its first reading at the Aug. 17, 1992 meeting. Petersson moved, Hunziker second to suspend the rules and give this a second reading. Upon Roll Call vote, Councilmembers Canfield, Hunziker, McConnell, Peterssson, Senjem and President Selby voted aye. Ayes (6), Nays (0).Motion carried. McConnell moved, Senjem second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. G-1 Hunziker moved, Senjem second to remove the tabled item - Final Plat to be known as Meadow Hills South Sub. from the table. Ayes (6), Nays (0).Motion carried. Roger Plumb, Public Services Dir. stated that the grading plan was submitted and the Public Services Dept. approved of it. Ron Bailey of Yaggy Colby was present and stated that they went over the construction plan with the people in the area and this will be monitored by the City. In regard to the 10 lots to the north, the easterly two lots will be used for additional drainage. Councilmember Hunziker asked how the City can make sure the drainage, construction , etc. will be done so additional problems do not occur in the future. Mr. Bailey stated that the Building and Safety Dept. has to issue a permit per lot. At that time the Developer does not have any say in the actual building as it is the builders responsibility to build it (house) in the correct area. The City does not have enough inspectors to come to each individual lot and the home builders have to be aware of the problems and what is required of them. Mr. Bailey stated that there isn't any language or real clout to go beyond that point to make sure that a home'is built correctly location wise. Having no further dicussion, Petersson moved, McConnell second to adopt Resolution No. 535-92 approving the plat with the conditions as outlined by the Planning Staff. Ayes (6), Nays (0).Motion carried. Having no further business, Hunziker moved, Canfield second to adjourn the meeting until 2:00 P.M. on September 15, 1992. Ayes (6), Nays (0),Motion carried. City Clerk 1