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HomeMy WebLinkAbout04-07-1986RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL j CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - April 7, 1986 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 (arrived at 2:05 P.M.) Duffy, Powers, Solinger. Absent: Aldermen Bluhm and Strain. Powers moved, Duffy second to approve the minutes of the March 17, and March 25, 1986 meetings. Ayes (4), Nays (0).Motion carried. E-1 Wishing to be heard regarding the request to reconsider the denial of Street Vending permit/ Blue Bell Ice Cream was Gerry Bohrer. With unanimous -consent of the Council, Mr. Bohrer was allowed to speak. Mr. Bohrer lives at 1412 Carmen Drive in St. Paul. He urged the Council to reconsider the action for denial of his request to vend ice cream off a truck or bicycle type vehicle in Rochester for the summer. He stated that if the Council wanted tc put restrictions on this type of activity, they would be happy to comply. He also brought samples of the ice cream type bars that they would be selling. Alderman Solinger was absent the last time this was brought before the Council. Alderman Solinger thought this type of activity would be O.K. if restrictions implemented. Having no further discussion, no motion was made to reconsider and the action of denial remained the same. E-2 Solinger moved, Powers second to approve the transportation license applications contingent upon passing the necessary vehicle inspections. This is for the Olmsted County Solid Waste Collectors as listed below: George Fenske Sanitary Service - 10 vehicles - Kirl Waste Removal - 5 vehicles; BFI of Rochester, Inc. - 13 vehicles; Vagt's Hauling Service - 3 vehicles; Watson Roll Off— 1 vehicle; Glen Watson Rubbish Removal - 2 vehicles; Waste Away - 2 vehicles. Ayes (5), Nays (0).Motion carried. E-3 Allen moved, Duffy second to adopt Resolution No. 173-86 approving the City enter into a Supplemental Agreement No. 15 to Lease No. FA67CE-4023 with the Federal Aviation Administration of the United States of America for the lease of certain lands of the Rochester Municipal Airport. Resolution No. 174-86 approving an agreement with Express Airlines I dba Republic Express for landing rights at the Rochester Municipal Airport. Resolution No. 175-86 approving the agreement with L.V.Crum for growing alfalfa and cover crops ( wheat or oats ) at the Rochester Airport. The Mayor and City Clerk are hereby authorized to sign said agree- ments on behalf of the City. Ayes (5), Nays (0).Motion carried. am RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - April 7, 1986 Agenda Item E-4 Solinger moved, Powers second to approve the Partial Payment No. 5 to Alvin E. Benike , Inc. of Rochester for the Hangar Project J 6923 in the amount of $25,751.90. Ayes (5), Nays (0).Motion carried. E-5 Solinger moved, Powers second to approve the informal bid of $9,260.00 submitted by Rochester Plumbing and Heating for hot water system modification in the Terminal Building at the Rochester Municipal Airport. This payment came from J 6929. Ayes (5), Nays (0).Motion carried. E-6 Allen moved, Solinger second to approve the following licenses & bond Request received from Gloria Dei Lutheran Church Pipe Organ Committee for an Auction Permit for May 10, 1986 for a benefit Auction. Request received from Mid -Iowa Sign Company, Fort Dodge , Iowa for a Sign Permit for the City of Rochester to allow them to erect signs thru December 31, 1986. Request received from North Central Promotions, Rochester for a Tem- porary On -Sale Non- Intoxicating 3.2 beer license for a scheduled Pool Tournament at the Mayo Civic Aud. on March 29, 1986. This was given prior approval by the Council. Request received from Gloria Dei Lutheran Church for a Gambling License for a period ending April 1, 1987. Request received from Gregory Wellik, Stewartville for his applicatio for construction of cement sidewalks , curb and gutters, and driveways for a period ending December 31, 1986. Request received from Tom Simon Construction, Spring Valley for a license to construct cement sidewalks, curb and gutters and driveways for a period ending December 31, 1986. Request received from Ina Mays Uniforms, Inc. 100 First Ave. Building for an Auction permit for April 13, 1986. Request received from Holiday Inn -South for an application for an Annual Dance License for a period ending April 1, 1987. The following renewals have been submitted for approval: The renewal licenses will be listed at the end of these minutes. Sidewalk - Cement (1); Gambling (2); Bowling Centers (3); Cigarettes (218); Dance (annual) (14); Intoxicating Liquor - On - Sale (35); Intoxicating Liquor - Sunday (29) Non -Intoxicating Liquor (Beer) On -Sale (27) ; Off -Sale (22). Sale of Cigarettes Vending Machine (6), Over -the -Counter (6) and an additional Annual Gambling (1). Ayes (5), Nays (0).Motion carried. Powers moved, Solinger second to instruct the City Administration to notify Pfaff's - On -Broadway - Rochester, Mn. to comply with the City regulations and that they be given a two week period in which to do so. Ayes (5), Nays (0).Motion carried. E-7 Duffy moved, Solinger second to approve the Consumption & Display license requested by Mary H. Burshem, owner of Monogram Restaurant L_1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ' CITY OF ROCHESTER, MINNESOTA ���� Regular Meeting No: 28 - April 7, 1986 Agenda Item E-7 located at 509 First Avenue S. W. ( This was formerly Don's Diner). This is for a period ending June 30, 1986. Ayes (5), Nays (0). Motion carried. E-8 Powers moved, Allen second to approve the transfer of the Off -Sale Intoxicating Liquor License to James L.Keehn as sole owner. This is for the Hillcrest Liquor Store.located at Hillcrest Shopping Center, Rochester, Minnesota. Ayes (5), Nays (0).Motion carried. E-9 Powers moved, Solinger second to deny the request of Sharon L. Mullen for a two -wheeled cart with canopy to be used as a food vending service on the sidewalks and streets of Rochester particular] around the Mayo Clinic. Ayes (5), Nays (0).Motion carried. E-10 Solinger moved, Powers second to approve the name change for a Limousine. Franchise. The former name was H & H Prestige Service and.has been changed to Ambassador Limousine Service. This was submitted by Gary L. Johnson , Manager of Ambassador Limousine Service. Ayes (5), Nays (0).Motion carried. E-11 Duffy moved, Allen second to approve the request received from the Rochester Track Club to hold a 5K and 1.5k road race at Essex Park on May 17,1986. The race would start at 9:00 A.M. and finish approximately 10:45 A.M. Ayes (5), Nays (0).Motion carried. E-12 Duffy moved, Powers second to approve the request for a Group Jog sponsored by the Deaprtment of Pediatrics of the Mayo Clinic on April 25, 1986. Ayes (5), Nays (0).Motion carried. E-13 Powers moved, Allen second to approve the request received from the.American Heart Association for the "Heart and Sole Classic " race to be held on June 1, 1986. Times of the race will be from 12 noon to 3:00 P.M. and will be held in the Silver Lake area. Ayes (5), Nays (0).Motion carried. E-14 Duffy moved, Powers second to approve the request received from the Knights of Columbus Tootsie Roll Sale for the fifth annual Tootsie Roll Sale by the KC on April 25,26 and 27, 1986. Ayes (5) Nays (0).Motion carried. E-15 Solinger moved, Duffy second to approve the Accounts Payable in the amount of $1,511,294.64 ( list on file in the City Clerk's Office) This is a semi-monthly account. Ayes (5), Nays (0). Motion carried. E-16 Powers moved, Allen second to adopt Resolution No. 176-86 approving the low bid of $35,656.00 to IBM for a 3370/Al2 for a Disk Storage System. The Magnetic tape system was rejected. Ayes (5), Nays (0).Motion carried. E-17 Duffy moved, Solinger second to adopt Resolution No. 177-86 approvinc the low bid submitted by Modular Computer Systems for computer maintenance at the Water Reclamation Plant in the amount of $22,836.1 Ayes (5), Nays (0).Motion carried. y RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular. Meeting No. 2.8 - April 7, 1986 Agenda Item E-18 Allen moved, Powers second to adopt Resolution No. 178-86 approving the low bid of $30,936.00 submitted by Ace Truck and equipment Company for furnishing a 27,500 GVW chassis dump box and Hydraulics for the Street and Alley Department. Ayes (5), Nays (0).Motion carr E-19 Duffy moved, Powers second to adopt Resolution No. 179-86 awarding the following bids: Ashland Petroleum for medium cure cutback asphalt @ .846 per gallon. Koch Refining for rapid cure cutback asphalt @ .9358 per gallon. Northern States - cationic emulsion @ .5741 per gallon. Ayes (5), Nays (0).Motion carried. E-20 Powers moved, Allen second to adopt Resolution No. 180-86 awarding the low bid ( as follows) to Rochester Sand and Gravel: Item No. 1 -2341 mixture F.O.B. plant @ $21.40 Item No. 2 -hauling @.24 per ton mile Item No. 3 -2341 mixture delivered and rolled in place @ $25.75/ton Item No. 4-2361 mixture delivered and rolled in place @ $34.00/ton Ayes (5). Nays (0).Motion carried. E-21 Solinger moved, Allen second to adopt Resolution No. 181-86 awarding the following low bidders: Rochester Sand and Gravel: - Washed sand delivered @ 3.90 per ton Pit -run Gravel F.O.B. pit @ 1.30 per ton Pit -run gravel delivered @ 2.70 per ton Builder's Sand and Gravel Washed sand F.O.B pit @ 2.48 per ton Shamrock Enterprises 3/4" crushed rock delivered @ 4.22 perton Oversize rock F.O.B..quarry @ 2.42 per ton Oversize rock delivered @ 4.05 per ton Quarve-Anderson 3/4" crushed rock F.O.B. quarry @ 2.60 per ton 1/4" sealing chips F.O.B. quarry @ 4.25 per ton `1/4" sealing chips delivered @ 6.00 per ton. Ayes (5.), Nays (0).Motion carried. E-22 Allen moved, Solinger second to adopt Resolution No. 182-86 approvinc the following positions/structure for the Public Services sewer collection dept. 1- Sewer collection Supervisor- Operations .II - Family Grade II 1- Crew Chief II 1 - Equipment Operator IV 3- Equipment Operator II Ayes (5), Nays (0).Motion carried. ed. 1 r] 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �� CITY OF ROCHESTER, MINNESOTA 29 Regular Meeting No. 28, - April 7, 1986 Agenda Item E-23 Wishing to comment on the General Development Plan for the Baihly Heights area of S. W. Rochester was Franklin Michaels of Rochester who lives in the area. Mr. Michaels spoke to the Council upon unanimous consent of the Council. Mr. Michaels stated that if this area were to be developed to please keep in mind that the terrain is bad in parts of this area. There is a lot in the plan that is owned by the City to provide access for a storm sewer which would eventually run thru his property. North Sunny Slopes has a plan which would allow a road to be put in and it shows houses on each side. Mr. Michaels wanted to use this method to alert the Public Services Department that if this area was developed with many houses the road would have four school busses a day picking up kids and they would have to be picked up at the bottom because of the steep terrain. Traffic could be great and problems could occur.He just wanted to make the City aware of this potential problem. President Postier asked Mr. Roger Plumb, Public Services Dir. if he understood the problem and Mr. Plumb stated that he did. Having no further comments, Duffy moved, Solinger second to adopt Resolution No. 183-86 approving the General Development Plan with the following conditions: 1. There be no direct connection between Folwell Drive collector and the east -west collector to the south ( as now proposed by the developer ). 2. There be no indirect connection between the Folwell Drive Collector and the east -west collector ( recommended by staff as an option.) 3. The connection recommmended by staff from Folwell Dr. northerly to the Folwell West area and on further to 23rd Avenue S. W. need not be made. The sewer lines to serve the north edge of this plan ( the short cul-de-sac) must come from the north so, it would not be possible if a street were extended to put the sewer line in it all the way. If this situation changes with sewer service directions this may be reconsidered as a connection. 4. The long cul-de-sac street proposed to intersect on Skyline Dr. S. W. through a City owned parcel should be retained on the plan. It's a good connection but will take special road design work to insure it will be a safe intersection and will have to be evaluated in the future. Ayes (5), Nays (0).Motion carried. E-24 Allen moved, Solinger second to approve the Preliminary Plat No. 86-4 of Baihly Heights Subdivision subject to the following conditions: 1. Some modification is needed to the crest vertical curve at Station 42+50. There needs to be intersection landings created for 21st Avenue S. W. 2. How is the storm drainage to be handled on that portion of Folwel Drive S. W. west of 21st Avenue S. W. This problem needs to be addressed. 3. Storm CB at east end of project indicates flow to west to main line and then east in main line. This type flow creates some maintenance problems. 4. Erosion control facilities should be shown on final plans. Drainage into existing area affects many existing homes. I suggest impound area and dike around east end of project as an absolute necessity. No work should be allowed until this would be inplace. Ayes (5), Nays (0).Motion carried. 2630 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No.28 - April 7, 1986 Agenda Item E-25 Solinger moved, Allen second to adopt Resolution No. 184-86 setting a date for hearing of May 5, 1986 on the Vacation # 86-6, petition to vacate the 10' utility easement located between 621 and 627 36th St. S. W. Ayes (5), Nays (0).Motion carried. E-26 Duffy moved, Powers second to adopt Resolution No. 185-86 setting a date of hearing of May 5, 1986 on the vacation No. 86-4, petition to vacate the 14' wide east -west alley platted in Block 11 of the West Zumbro Addition ( Sargeant's Nursery Block ). Ayes (5), Nays (0).Motion carried. E-27 Duffy moved, Solinger second to adopt Resolution No. 186-86 setting a date of hearing of May 5, 1986 on the vacation No. 86-5 , Petition to vacate the 8 foot utility easement located between 1104 loth Avenue N. E., 1100 loth Avenue N. E, 1103 llth Avenue and 1010 loth Avenue N..E. Ayes (5),Nays (0).Motion carried. E-28 Duffy moved, Allen second to adopt Resolution No. 187-86 approving an Engineering Services agreement;=for Basic Construction in Cimarron Six - Project No. 8401-6-86 J 8942. Ayes (5), Nays (0).Motion carried. This proposal is with McGhie and Betts, Inc. Roch. Mn. Ayes (5), Nays (0).Motion carried. E-29 Solinger moved, Allen second to adopt Resolution No. 188-86 receiving the feasibility report and order a hearing to be held on April 21, 1986 on Project No. 5716-85 J 8911 - Concrete Curb and Gutter, Subdrains, and Street Reconstruction 16th Ave. N. W. from Elton Hills Drive to llth Avenue N. W. plus Storm Sewer on llth Avenue from 16th Avenue N. W. to approx. 450 feet easterly. This will also be referred to the Committee of the Whole for discussion. Ayes (5), Nays (0).Motion carried. E-30 Powers moved, Solinger second to adopt Resolution No. 189-86.receivin the feasibility report and order a hearing to be held on April 21, 1986 on Project No. 6241-84 J 2219 - Street Construction of 31st Avenue N. W. from the North Line of Plaza 41 Northwest Second Sub. to 41st Street N. W. and on 41st Street N. W. from 31st Avenue N. W. to 509 Feet.East. Ayes (5), Nays (0).Motion carried. E-31 Duffy moved, Allen second to adopt Resolution No. 190-86 receiving the feasibility report and order a hearing to be held on April 21, 1986 on Project No. 6310-3-85 J 8917 - Concrete Curb and Gutter and Street Resurfacing on 10th Avenue S. W. from 4th St. S. W. to 8th St. S. W. Ayes (5), Nays (0).Motion carried. E-32 Solinger moved, Allen second to adopt Resolution No. 191-86 requestin Mn/DOT to conduct traffic counts on the Municipal State Aid Streets within the City limits. Ayes (5), Nays (0).Motion carried. E-33 Allen moved, Duffy second to refer the request for N-S Alley in 100 Block of 4th Street and 5th Street S. W. to the Committee of the Whole for further discussion. Ayes (5), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - April 7, 1986 Agenda Item E-34 Duffy moved, Allen second to adopt the change in Paragraph (94.5) to Zones to read: (94.5) 13th Avenue 7th Street to a point 41 feet, mor between the hours of 10:00 A.M. an 1st ( 2 stalls ) ( Dairy Freeze ). carried. Resolution No. 192-86 approving Section E., Passenger Loading N. W. on the East side from e or less, North of 7th Street, d 10:00 P.M., April 1st thru Nov. Ayes (5), Nays (0).Motion E-35 Duffy moved, Allen second to adopt Resolution No. 193-86 approving the change in Passenger/Commodity Loading Zones of the comprehensi Parking resolution.to read: (14) 4th Street S. E. on the north side from South Broadway east 38 feet , more or less, (1 stall ) "at all times". Ayes (5), Nays (0).Motion carried. E-36 Duffy moved, Solinger second to adopt Resolution No. 194-86 approvi the adding pf Paragraph (16.3) to Section H. Zone F ( Two Hour Parking ) to read as follows: (16.3) Third Avenue S. W. on the East side from 5th Street to a point 120 feet , more or less, North Fifth Street, at all times. Ayes (5), Nays (0).Motion carried. E-37 Allen moved, Duffy second to the adding of Paragraph (14) Commodity Loading Zones " to west side from 14th Street N. Nays (0).Motion carried. E-38 Duffy moved, Solinger second Paragraph (25) of Section B., (25) Mayo Park Drive S. E. on Street to 6th Avenue S. E., a Motion carried. adopt Resolution No. 195-86 approving to Section J " Passenger and read: (14) 16 1/2 Avenue N. W. on the W. to 16th Street N. E. Ayes (5), to adopt Resolution No. 196-86 amendin No Parking Zones to read: the West Side from East Center t all times. Ayes (5), Nays (0). E-39 Solinger moved, Allen second to adopt Resolution No. 197-86 approving the addition of paragraph (254.5) amending paragraph (254) of Sec. B " No Parking Zones" of the Comprehensive Parking Resolution as follows (254.5) West Frontage Road of T.H. 52 North on both sidews from 37th Street N. W. to 55th Street N. W. "at all times". Ayes (5), Nays (0).Motion carried. E-40 Powers moved, Allen second to adopt Resolution No. 198-86 awarding the low bid of $622,122.59 to Schlosser Construction Company of Durand Wisconsin on Project No. 6107-85 J 8890 - San. Sewer Watermain and Service Connectiosn in Golden Hill, Hilmer's High View Acres and Hilmer'.s High View Acres No. 2 and Spicer's Replat. Ayes (5), Nays (0).Motion carried. E-41 Powers moved, Allen second to adopt Resolution No. 199-86 and 200-8 declaring the costs to be assessed and ordering a hearing on the following Project: 8501 J 8895 Basic Construction in Apple Ridge Subdivision area. The date of hearing will be April 21, 1986. Ayes (5), Nays (0).Motion carried— f 263J. 2632 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 28 - April 7, 1986 Agenda Item E-42 E-43 E-44 E-45 E-46 F-1 Powers moved, Allen second to adopt Resolution No.201-86 and 202-86 declaring the costs to be assessed and ordering a hearing to be held on April 21, 1986 on the following project - 6207-4-85 J 8898 Construct a Recessd Parking Bay abutting Lots 6,7,8 & 9 of Replat of Block 4 and 10 Goodings. Ayes (5),.Nays (0).Motion carried. Allen moved, Duffy second to adopt Resolution No. 203-86 and 204-86 declaring the costs to be assessed and order a hearing to be held on April 21, 1986 on (Previously Def. Assmt. ) to 2611 Erin Lane N.E, Lot 18, Block 2 River View Sub. Project 6251 J 8055 - Sehl's Trunkline San. Sewer. Ayes (5), Nays (0).Motion carried. Duffy moved, Solinger second to adopt Resolution No. 205-86 and 206-i declaring the costs to be assessed and ordering a public hearing to I held on April 21, 1986 ( Previously Def. Assmt. ) on Project No. 6255-1-70 J 8341 - Sewer and Water in East River Road from 27th St. N. E. to 580 feet South 24th St. N. E. - to 2611 Erin Lane N.E. Lot 18, Blk 12 - Riverview Sub. Ayes (5), Nays (0). Motion carried. Allen moved, Powers second to approve the Resolutions by the Public Utility Board as follows: Resolution No. 207-86 approving a purchase order agreement with Westinghouse Electric Corp. for variable speed drive in the amount of $18,932.00. Resolution No. 208-86 approving a contract agreement with Powell and Clark Tree Service for tree trimming and clearing on transmiss- ion lines. The amount not to exceed $55,000. Resolution No. 209-86 approving a contract agreement with Sweeney Brothers Tractor, Inc. for furnishing maintenance for 200HP Wheel Loader Cloark Model 125C. This contract also includes a cancellation of an existing contract with Road Machinery and Supplie! Co. for said maintenance. Ayes (5), Nays (0).Motion carried. Allen moved, Powers second to adopt Resolution No. 210-86 authorizin(. the City Administrator to execute the annexation petition of City owned property - approx. 37 acres of land in the area between TH 63 and East River Road, north of 37th Street in order to construct the new Public Utility Service Center. Ayes (5), Nays (0).Motion carried. An Ordinance Annexing to the City of Rochester, Mn. certain unplattec land situated in Rochester Township; Repealing Ordinance No. 2490 was given its first reading. Allen moved, Solinger second to suspen( the rules and give the Ordinance a second reading. Upon roll call vote, Aldermen Allen, Duffy, Powers and Solinger and President Postier voted aye. Ayes (5), Nays (0). and the Ordinance as given its second reading. Powers moved,Allen second to adopt the Ordinanc( as read. Ayes (5), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 F-1 F-1 A=1 1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 2,8.- April 7, 1986 An Ordinance relating to sidewalks; providing standards regulating the placement of devices to dispense newspapers or periodicals on the public sidewalks; amending the .RCO by adding a Chapter 73A was given its second reading. Allen moved, Solinger second to adopt the Ordinance as read. Ayes (5), Nays (0).Motion carried. An Ordinance relating to annexation; amending Ordinance No. 2367 and providing for a corrected legal description of lands. This was gives itssecond reading. Solinger moved, Duffy second to adopt the Ordinance as read. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 211-86 approvin the Basic Construction in Viking Hills; ( Owner Contract ) with McGhie and Betts; Vi.king Hills, Partnership and A,stin P. Keller Construction. Ayes (5), Nays (0).Motion carried. Having no further business, Allen moved, Powers second to adjourn the meeting until 7:30 P.M. Ayes (5), 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, Powers, Solinger and Strain. Absent: Alderman Bluhm. A Hearing on the Final Plat No. 86-6 , Viking Hills First. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing the owner of the plat and was present for any questions the Council may have. President Postier asked Mr. Tointon if he was aware of the three conditions as recommended by staff. Mr. Tointon stated that he was. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 212-86 approving the plat with the following three conditions: 1. The frontage road cross sectional design should be the same as that in 37th Street Business Park , curb and gutter on east side, 28 feet wide bituminous and four (4) ft. Aggregate shoulde west side. This shall be reflected in the construction drawings. 2. The applicant provide the city the additional roadway easement al 41st St. with this plat to insure there is a 66' wide ROW. This document shall be supplied for recording with the final plat. 3. The frontage road on the North and Easterly side of Alberta Drive N. E. will be designated as "No Parking". Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat No. 86-3 Elton Hills North Sixth Sub. Wishing to be heard was Bill Franks, President of Builders Land and was present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Allen second to approve the plat and put in the slope easement in the plat. Also included are the follow- ing nine conditions: 1. The full length of the channel adjacent to this development shoul-d be protected using geotextile fabric on bottom and rip rap on top. It appears that an additional gabion drop structure will be needed at the west end. 2633 on Ong 2631 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - April 7, 1986 Agenda Item B-2 2. Existing channnel should be filled in using heavy rock material in spots throughout fill area. 3. Outlet shown profile B sheet 3 of 4 should have grouted rip rap shown at pipe outlet. 4. Parkway should be graded and sodded. 5. Erosion control should be shown on plans. 6. Low flow channel area should match the area of the channel to the west that is distributed by low flows. We suggest that details of drainage design be reviewed with Public Services prior to approval of plans. We have experienced significant problems with previous designs.,_ 7. Install the rquired drainage facilities in the "Park" portion of the plat at the owners expense. The City refused to provide financial assistance for the improvements.. 8. The Water Dept. will pay for the extension of the watermain in 3rd Avenue N. W. outside of the plat area. The developers install the watermains in 3rd Ave. N. W. for Chalet Drive to the box culvert south of Chalet Dr. 9. THe developer is not required to install the additional pipe culvertin 3rd Ave. N. W. adopted , Nays (0).Motion carried. Resolution No. 213-86 was B-3 A Hearing on the Application for a Planned Unit Development (Amended Final Plan) for Riverview West PUD-R-64. Wishing to be heard was Dick Gadient of 2420 Viking Dr. N. W. and was concerned about the connection to Viking Dr. He stated that none was planned in the initial PUD and did not want one put in now. Roger Plumb, Public Services Dir. stated that none was planned. Wishing to be heard was a resident of 2715 19th Avenue N. W. and again stated that they did not want to connect to Viking Dr. The would prefer a dumpster at each driveway. He is satisfied with the other conditio as listed by the Planning Commission. Alderman Strain wanted to have the walk -way clarfied. It was told that the single family homes at the far end of the PUD would have to pay for the maintenanc, the townhomes would pay for the single family walk -ways. Alderman Solinger reminded the Council that of 138 units they would all use these walkways and that would be a large number of people -traffic. Wishing to be heard was Joe Harris of 2516 Viking Dr. N. W. He was concerned about the density of the project. Mr. Harris was concerned about the corner of the project that he lives by. He was told that the project was originally proposed to be 190 and it is now 138 units. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to adopt Resolution No. 214-86 approving the plan as amended suject to the following conditions: 1. The ROW width for Zumbro Dr. N. W. be accepted as shown on the plan and as already platted and dedicated in the approved Riverview West Sub. This is a 54 foot wide ROW with sidewalk on the south side of the road. 2. The lighting plan for the development be reviewed and approved by the Crime Resistance Unit. 3. Density and grading condition on the south end (townhouse cluster on the end of Spy Glass Lane ) be reduced or modified in its location so it-, is in keeping with the original plan (doesn't meant to reduce the densi 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA ular Meeting No. 28 - April 7, 1986 Agenda Item B-3 wants a.setback and grading condition that is in keeping with the original proposal; density is acceptable ). 4. Concerning the recommended setback off the southerly most town- house building noted in condition # 5 , the Commission recommends at least a 30 foot setback with the building from the South property line. 5. The island in Spyglass Court on the north side of Zumbro Dr. N. W. should be pulled back out of the ROW for Zumbro Drive. 6. An obstructed easement for the storm sewer line through the project must be provided. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Vacation No. 86-3, Petition to vacate various utility easements and 3rd Avenue N W. ROW in Riverview. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to adopt Resolution No. 215-86 approving the vacation with the following three conditions: 1. New utility easements are dedicated when Riverview West is replatted; 2. The 3rd Ave. N. W. ROW should be vacated , but the 33' should be retained as an utility easements. 3. The petitioners agree to pay all buried cable relocation costs that may be necessary due to this vacation. Ayes (6), Nays (0).Motion carried. B-5 A Hearing on the Petition to change the zoning district at 1704 and 1714 2nd Avenue S. E. from R-1 to R-2. Wishing to be heard was Don Kingsley of 3605 13th Avenue N. W. and requested that if this is passed could the Council please consider waiving the Ordinance so that he can get started. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, for approval. This motion died for lack of a second. Duffy moved Strain second to deny the request. He stated that this was a case of spot zoning. Ayes (5), Nays (1). Alderman Powers voted nay. Motion carried. B-6 A Hearing on the No. 86-1 Application for a Planned Unit Dev. (Amended Final Plan ) for the Northridge Village PUD-R-43. Wishing to be heard was Bill Ryan, attorney on behalf of the builders of the PUD. He stated that that changes in the plan would be to build a detached garages in the amount of $4,200 each. This is an alter- native to the planned attached garages in the amount of $8,000. each. He stated that the units are not selling and the addition of the garages will make the sales increase, but they prefer the detached garages. Wishing to be heard in support of these detached garages are: Barb Schroeder of 2860 25th St. N. W.; Ann Lance of 2856 25th St. N. W.; Kirk Kottschade of 2853 24th St. N. W.; Pat Krier of 2863 24th St. N. W. ; Randy Itski of 2859 24th St. N. W. and Randy Koball of 1320 7th Avenue S. E. A resident of 919 Chalet Dr. N. W. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to approve the request and adopt Resolution No. 216-86 with the conditions that they use detached garages in the plan and have dunp,sters at the west end of the site and that the color of the garage match each unit. Ayes (6), Nays (0).Motion carried. 2635 2636 Agenda Item E-47 F-1 F-1 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - April 7, 1986 A Hearing on the Petition to change the zoning district on 3.49 acres of vacant land located on the south side of 33rd St. N. W. east of.TH 52 from R-1 to R-2. Wishing to be heard was Harold Payne of Rochester petitioner and was present for any questions the Counci' may have. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Allen second to approve the change and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 217-86 approvi the owner -contract proposal for Engineering Services by Yaggy Assoc. for Project No. 7804-3-86 J 8937 - Watermain to serve Salem Sound lying in the part of the SE 1/4 Sec. 9, Township 106 N and Range 14 West. Ayes (6), Nays (0).Motion carried. An Ordinance Rezoning certain property and amending Ord. No. 1659 to R-2 low Density Residential ( 33rd St. N. W.east of TH 52 from R-1 was given its first reading. Strain moved, Allen second to adopt Resolution No. 218-86 approving an owner contract with McGhie and Betts, Inc. Roch. for "Basic Construction of Public Streets and Utilities in Zumbro Dr. , Westrid', Lane , Westview Land and the 48" Storm Sewer through the site to West River Road in Riverview West Phase I. Ayes (6), Nays (0). Motion carried. Having no further business, Allen moved, Strain second to adjourn the meeting until 1:00 P.M. on April 9, 1986. Ayes (6), Nays (0). Motion carried. 0Ci,4p � y Clerk Information - 4-7-86 1. Notice of claim - Frank Bruyer - Ref. Attorney and Finance. 2. Notice of claim - Harold Knoll - Ref. Attorney and Finance. 3. Notice of claim - Margaret McCarty - Ref.Attorney and Finance. 4. Committee of the Whole minutes from 3-17-86. 1