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HomeMy WebLinkAbout10-16-1989Agenda Item A-1 B-1 B-2 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 16, 1989 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Canfield moved, Solinger second to approve the minutes of the October 2, 1989 meeting. Ayes (7), Nays (0).Motion carried. A Hearing on the Riverbend Property owners. The City of Rochester invited the owners to make comments on potential City/County Government Center Project. Wishing to be heard was Roger Christenson of 2824 Fairview Ct. S. E. He is the owner of an apartment house in the area and urges the City to make a decision soon. His tenants are worried about possibly having to vacate the house and are leaving because of it. He also reminded the Council that this building offers lower rent and by having to tear down this building to allow for the Govt. Center would take away this lower rental units from the occupants. It may be hard to find such lower rental property in Rochester. Wishing to be heard was Jim Buchan of 109 4th St. S. E. He is with Energy Products and Design Stoves and fireplaces window cover. He would like to have his business remain in the area and speaks also for Hentges Glass of 115 4th St. S. E. He suggested that a land swap could be considered if the Govt. Center became a reality. But they are opposed to the Govt. Center being located at the River - bend site. Wishing to be heard was Elmer Wetenkamp of 207 4th St. S. E. He owns Rite -Way Radio and TV. He is happy of the present location of his business and does not want to move. He stated that you lose some of your customers when you move. However, he would like to be kept informed of the transactions in the future. Having no one else present that wished to be heard, President Selby closed the hearing. No action was taken as this was just an informative item. A Hearing on the 1990 Community Development Block Grant Program. Wishing to be heard was the Coordinator of Southeastern Minn. Center for Independent Living. He urged the Council to approve the requested $7,600.00. This is to assist with the Access/Advocacy Project. This would provide employers to improve access for persons with disabilities and remove physical barriers so that persons with disabilities could be able to get to work. Alderman Solinger questioned the fact if this was to be used for operational or a building project. He was informed that this would be to improve access and not operational. Wishing to be heard was Katherine Snyder of Child Care Resource Referral. This is located at 2116 Campus Center. She was present on behalf of the child care assistance program. This program allows lower income employees to keep a job and still have child care. The amount of money they are requesting is $75,000.00.She noted that 350 families are waiting to be accepted in this program. She urged the Council to grant them this funding. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3409 ourned Meeting No. 12 - October•16, 1989 Agenda Item B-2. Wishing to be heard was Tom Dyer of 215 Elton Hills Dr. He is present on behalf of the Rochester Energy Action Committee. They are requesting $35,000. Wishing to be heard was Linda Erickson and is with the Association for Retarded Citizens. ,She urged the Council to approve the re- quest for $17,383. The program allows retarded citizens to be placed in the community in jobs that they can do. There is no other program at this time to help with job placement of retarded citizens. Wishing to be heard was Walter Staubach of 1415 Damon Ct. S. E. He appeared on behalf of HUD and introduced Randy Clement of 921 8th Avenue S. E. They would like to have the Council consider the request for $15,000.00 which would be used for administrative costs for investigation of housing programs to assist low -moderate income persons.. HRA administers 12 programs with another four that are being pursued. Mr. Clement stated that some federal monies are being cut and these CDBG funds will keep up with those losses. Wishing to be heard was Elaine Schmidt of Children's Home Society of Mn. They are requesting $17,559.00 They provide quality child care services in Rochester. They are currently being held in various churches. Some of these churches and other buildings are needed to house other programs related to the church and they need to purchase and install fencing and other playground equipment at the new location at 22nd St. and 32nd Avenue N. W. Playground equipment must be provided in order for them to be in compliance with this program. St. Pius has stated that they will not renew the lease for beyond Dec. 31, 1989 as they need the space for school rooms of their own. This new location will house 68 children. Wishing to be heard was Richard Westerlund of 1638 Wilshire Dr. N. E. He is representing Channel. One. They would like to have the Council consider the amount of $14,200. to be used to construct a parking lot. They have a parking lot now, but this is being eliminated from their use due to additional businesses in Woodlake Park. They have clients from all over the area and between the customers and employee they do not have enough room. Having no one else present that wished to be heard, President Selby closed the hearing. No action will be taken until the Nov. 6, 1989 Council meeting. Total amount of requests is $337,752. and monies available are $203,000.00. B-3 A Hearing on the Assessment for Tree Removal. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 620-89 accepting the assessment. Ayes (7), Nays (0).Motion carried. B-4 A Hearing'on the Weed Eradication.. Wishing to be heard was Anita Galkin of 2205 Regent Lane S.W. She stated that the weeds were removed before she had a chance to remove them herself. She also had a problem with the U.S. Mail and by the time she picked up her mail, the weeds had been removed. Since she had a landscape person hired, when the weeds were removed she thought they were re-... moved by the landscaper. She does not feel that she should pay for this removal. The amount is $76.52. Agenda Item B-4 B-5 E-1 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 16, 1989 COUNCIL N° 3410 Denny Stoltz of 403 East Center Street, Forester for the City of Rochester was present and stated that what Ms. Galkin stated was true. Last fall, Ms. Galkin had weeds removed and had no problem with receiving notices. This spring the time frame was more re- strictive, but he felt she had ample time to remove the weeds and the City did do the removal of weeds which he feels she should pay for. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resoluti No. 621-89 accepting the weed eradication assessments minus the $76. of Ms. Galkin. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessment on Project 8808 J 9048 Sanitary Sewer Extension to serve General Warehouse Complex on Valleyhigh Road N. W. Having no one present that wishes to be heard, President Selby closed the hearing. Solinger moved, Canfield second to adopt Resolution No. 622-89 approving the assessment. A Hearing on the Petition to vacate the 20' walkway located between 2302 and 2222 llth Avenue N. W. Wishing to be heard was Arvid Nass of 2302 llth Avenue N. W. He would like this vacated and used as part of his property. It has been a walkway and no one walks on it. It goes nowhere and only teens use it late at night if it is used at all. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Strain second to adopt Resolution No. 623-89 approving the vacation. Ayes (7),. Nays (0). Motion carried. Discussion was held by the Council on the preferred width for a Reconstructed 6th Street S. W. President Selby stated that a letter had been distributed to the Council members from the 6th St. S.W. residents regarding the 6th St. Reconstruction survey. This survey clearly shows a preference for a 32 foot street. Parking preference is less clear cut from the survey, but shift parking would be acceptable. A survey showing the various street widths along with the vote on the widths was presented. The conclusion was that a 32 foot wide street from 5th to loth would be acceptable. Alderman Chuck Canfield stated that this street goes thru an establisl ed neighborhood and has many trees that should be saved. This street could be widened to 32' from 5th Avenue to loth Avenue. There is an area from the alley west of 4th Avenue that has a 36' width. Alderman Bluhm is in favor of this street being 32' for the most part but would like to see parking during certain hours of the day and the street should be signed as such. Alderman Strain asked Mr. Roger Plumb if a 32' street could have no parking or parking on certain times of the day. Mr. Plumb, Public Services Dir. stated that if parking is allowed on a 32' wide street,'the State of Mn. could demand their money to construct this street refunded. Alderman Solinger wondered how many trees would be stressed due to the cutting of the roots, etc. Mr.Denny Stoltz, 'Forester for the City stated that five trees would be taken. The others should not be hurt. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 Agenda Item E-1 CITY OF ROCHESTER, MINNESOTA N? 3411 Adjourned Meeting No. 12- October 16, 1989 Having no further Council discussion, Canfield moved,.Hunziker second to approve the street width of 32 feet from 5th Avenue to loth Avenue tapered by the alley west of 4th Avenue from 36 feet to 32 feet. The Public Services Dir. is instructed to seek relief funds for construction of this street. After further Council discussion, Bl.uhm moved, Strain second to amend the motion to construct the street to 36 feet from the alley west of 4th Avenue to 6th Ave.Ayes (7); Nays (0).Motion carried Vote was taken on the original motion. Ayes (7), Nays (0).Motion carried. Resolution No. 624-89 was adopted. E-2 Solinger moved, McConnell second to approve the intent to establish regulations governing the repair, renovation, or demolition of buildings designed as historically significant properties. The staff is instructed to prepare draft regulations for further Council consideration. Ayes (7), Nays (0).Motion carried. E-3 Bluhm moved, Canfield second to deny the requested second driveway opening off of West River Parkway for Convenience Station. Alderman Solinger noted that the City did not have the County cooperation on this. Ayes (7), Nays (0).Motion carried. E-4 Bluhm moved, Solinger second to authorize the use of Community Development Block Grant Funds for acquisition of blighted properties in the Civic Square block and establish the approved appraised value as just compensation for property to be acquired and authorize staff to negotiate the purchase of blighted properties. Ayes (6),Nays (1). President Selby voted nay . Motion carried. Alderman Hunziker was concerned about certain elements that the developer should be doing before the City gets involved. These things include soil testing, etc. E-5 Canfield moved, McConnell second to approve Change Orders No. 4 and 5 for First St. Pedestrian Plaza and Hotel and Office Building Streetscaping. The total net increases to the contract is an increase of 2% and the amount is $9,907.92. Ayes (7), Nays (0). Motion carried. E-6 Strain moved, Solinger second to approve the request of the Rochester Airport Commission to pay the following: 1. Rochester Public Utilities $122.84 for repairs to a high voltage power line. Lighting struck a utility pole along the hangar service road. 2. HIMEC, Inc. for final payment on a heating line replacement project in the amount of $3,412.00. This is City J 6939. Ayes (7), Nays (0).Motion carried. E-7 Canfield moved, McConnell second to adopt Resolution No. 625-89 authorizing the City Clerk to advertise for bids on the State/ Local Project Terminal Street extension, entrance drive overlays and street lighting. This is pending approval of Mn/DOT Aeronautics. Ayes (7), Nays (0).Motion carried. Agenda Item E-9 E-10 E-11 E-12 E-13 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 16, 1989 COUNCIL Solinger moved, Bluhm second to adopt the following Resolutions as approved by the Rochester Public Utility Board: N° 3412 Resolution No. 626-89 approving an insurance agreement with Arkwrighi Mutual Insurance Co. for property insurance and boiler and machinery insurance. The amount of the first year effective Oct. 18, 1989 is $105,513.00. Resolution No. 627-89 approving an insurance agreement with C.O. Brown Agency with Assoc. Electric and Gas Ins. Services Ltd. for Comp. General liability insurance for one year starting Oct. 18, 1989 and the premium is $212,121.00. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the following licenses & Request received from Francis Grover of Plainview Mn. for an Auctioneer's License and from Denny Brusse of Preston, Mn. for an Auctioneer's license and approval to hold a public auction for Seneca Foods Warehouse S. E. on Nov..11, 1989. Request received from Randy Krause Masonry of Zumbrota, Mn. for a license to construct cement sidewalks, curb and gutters and driveways for the period ending Dec. 31, 1989. bonds: Request received from Greenway Co-op Service Co. of Rochester. Mn. to sell over-the-counter Cigarettes for a period ending April 1, 1990. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to approve the Accounts Payable in the amount of $980,477.93 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 628-89 authorizing the sale of the General Obligation Improvement Bonds in the amount not exceed $4,900,000. These will be considered at 1:00 P.M. on November 14, 1989. Ayes (7),Nays (0).Motion carried. Canfield moved, Solinger second to adopt Resolution No. 629-89 awarding the low bid of Hawkins Chemical at $173.50 per ton to furnish one years supply of liquid aluminum sulphate for the Water Reclamation Plant. Low bidder last year was $149.84 and Council instructed staff to inform them of why the price is so much higher this year. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No. 630-89 approving the leave of absence ( Medical ) for Keith A. Pingree Crew Chief of the Water Reclamation Plant. This is from 10-1-89 to 12-31-89. Ayes (7), NaYs (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 Agenda Item E-14 E-15 E-16 E-17 E-18 CITY OF ROCHESTER, MINNESOTA NO AdJourned Meeting No. 12- October 16, 1989 Canfield moved, Strain second to approve the Council initiated annexation of properties at 2004 and 2022 2nd St. S. W. and 210 21st Avenue S. W. The City Attorney is instructed to prepare an ordinance for adoption. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the Council initiated annexation of the 100% surrounded Postier and Eggers and Helgerson properties and rezoning this to the B-4 district at the time of annexation. The City Attorney is instructed to prepare an Ord. for adoption. Note: A hearing on the rezoning part of the Ord. will have to be held before the ordinance can be given its second reading. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the Preliminary Plat of Baihly Heights Fifth Sub. with the following conditions: 1. On the north end of the plat is a remnant parcel platted as Out - lot "F" in Baihly Heights Fourth. This outlot should be replatted with this subdivision and made part of Lot 29 of this plat. 2. A complete drainage and grading plan should be provided as re- quired by the Subdivision Ordinance. The drainage plan should add- ress the need for stormwater retention. 3. The intersection of Britt Lane and -19th Avenue S. W. is on a section of roadway with an 8 percent grade. The intersection design should be provided to assure city standards for maximum grade through the intersection can be met and still have safe sight distance. Ayes (6), Nays (1). President Selby voting nay. Motion carried. Hunziker moved, McConnell second to deny the Preliminary plat of Baihly Heights Sixth Subdivision. Discussion was held on the access provided. It is noted that a petition was received by the Planning Commission from property owners in the area against any temporary or permanent connection between Folwell Dr. and Fox Valley Drive. They requested that the developer be required to build Fox Valley Drive from Salem Road up to this plat to provide primary access to the majority of the lots that lie south of the extension of Folwell Dr. Alderman Solinger stated that the street width of Folwell Dr. is a collector street and Fox Valley Dr. is also a collector street. Mr. Roger Plumb, Public Services Dir. recommends a permanent road as a connection between the two. Alderman Bluhm stated that in his area, an extension of No. Heights Dr. to Viola Road was needed. The people were not in favor, but he felt this was needed and it was done. He feels that it is a better situation today because of this connection. Having no further discussion, Roll call vote was taken. Aldermen Canfield, Hunziker, McConnell and President Selby voted aye. Ayes (4), Aldermen Bluhm, Solinger and Strain voted nay. Nays (3). Motion carried. This was denied. Bluhm-moved, Strain second to adopt Resolution No. 631-89 and 632- 89 setting a hearing for Nov. 20, 1989 on the proposed project of 8608-0-89 J 9125 - San. Sewer and Watermain Ext. in West Frontage Road Co. State Aid Hwy No. 8. Future Fox Valley Dr. Easement and 3413 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA 3414 Adjourned Meeting No. 12 - October 16, 1989 Agenda Item COUNCIL N° 3414 E-18 19th Ave. in Baihly Heights Sub. from Baihly Hills Dr. at Co. State A d Hwy No. 8 to Britt Lane in Baihly Heights 5th Sub. plus Cont. of San. Sewer only in Future Fox Valley Dr. from Easement in Baihly Heights 5th Sub. to a pt. near the East Ln. of Baihly Hgts. 6th Sub. Ayes (7), Nays (0).Motion carried. E-19 Strain moved, Hunziker second to adopt Resolution No. 633-89 approving the execution of a contract with the U.S. Dept. of Transportation for Federal Project MN-904041. This is a Federal Grant for transit operating and capital assistance in the amount of $706,000.00. Ayes (7), Nays (0).Motion carried. E-20 Strain moved, Bluhm second to adopt Resolution No. 634-89 approving the amendment No.l to the Calender Year 1989 contract for transit assistance with the Rochester City Lines, Inc. Ayes (7), Nays (0). Motion carried. E-21 McConnell moved, Solinger second to adopt Resolution No. 635-89 approving the Transit Assistance/Amendment to Federal Project MN-90-X027-02. This amendment basically reallocates dollars between projects and increases the number of buses from 3 to 5. Ayes (7), Nays (0).Motion carried. E-22 Solinger moved, McConnell second to adopt Resolution No. 636-89 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on November 1, 1989 on the purchase and removal of houses on 3rd Ave. N. W., 4th Ave. N. W. and 3rd St. N. W. for the extension of 5th Street N. W. Project 6003-85A J 2214. Ayes (7), Nays (0).Motion carried. E-23 Solinger moved, McConnell second to adopt Resolution No. 637-89 approving the payment for work done on Project No. 6314-3-87 14th Avenue S. W. and 3rd St. to 6th St. S. W. J 8966 - This is in the amount of $1,200.00. Ayes (7), Nays (0).Motion carried. E-24 Strain moved, Bluhm second to adopt Resolution No. 638-89 setting a hearing date for November 6, 1989 on the issuance of tax exempt housing revenue bonds for the ::ivic quare project and instruct the City Clerk:to publish the necessary notices. Ayes (6), Nays (0). Motion carried. President Selby did not vote on this matter. F-1 An Ordinance creating the Planned Unit Development to be known as Aspens was given its first reading. F-1 An Ordinance Relating to an annexing to the City of Roch- ester Lots 1 2 and 3 and a portion of Lots 4 and 5 Block 3 of Highland Addition, together with adjacent public ROW, in the town of Rochester was given its first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO Adjourned Meeting No. 12 - October 16, 1989 Agenda Item F-1 Bluhm moved, Strain second to adopt Resolution No. 639-89 approving the owner contract prepared by McGhie and Betts, Inc. for Basic Construction in Wilshire Estates 4th Sub. Ayes (7), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 640-89 approving an owner contract prepared by Yaggy Colby Associates for Basic Construction in Lincolnshire III. Ayes (7), Nays (0).Motion carried. G-1 Hunziker moved, Canfield second to remove the Final Plan PUD for The Aspens from the table. Ayes (7), Nays (0).Motion carried. Alderman McConnell stated that after two years of dealing with this project, he is ready to vote on this and favors the project. Alderman Strain was concerned about the easements on the north side of 4th St. and is the City satisfied with the way the street will be widened. Alderman Hunziker was concerned about the precedent the City may be making if paying for replacing the driveways. He was told that 4th Street will have a temporary asphalt surface and that the steep grade makes this an unusual si.tuation and a precedent may not be set in this case. Wishing to be heard was Tony Potech of 2412 4th St. S. W. and is still concerned about the public safety of this project. He stated that 26 additional homes being built in the area will be putting an extra amount of traffic on this narrow road. Even if it is widened it is still a safety hazard.He feels the development should fix the road and the development in itself with 26 additional houses does not fit the neighborhood. He also wondered if sidewalks would be mandatory and if they would be paying for driveways. Wishing to be heard was Karen Biel of 215 Highland Ct. S. W. and stated that Rochester has a reputation for going for the best and she does not think we are doing that in this case. By making this road in a second rate way, having a question of safety being present, and the traffic overload. She thinks if everyone worked together - we would have the best. Wishing to be heard was Hal Henderson, Dev. of the project. He stated that he has worked with various staff from the City as well as informing the residents and he was under the assumption that everything was O.K. He did not understand.that the Council may still have concerns that were not solved. Alderman Hunziker•stated that the Council has had this request back many times and he feels that this could have been designed better in the first place. Alderman Hunziker stated that the Council did not vote on the paving of the driveways, the safety factor is still not addressed and is still a poor access to Aspens. Alderman Strain stated that a private drive is still shown on the plat. Mr. Henderson stated that it is a recorded easement ( driveway). President Selby stated that this is not the best project that the Council has to deal with. Alderman Hunziker stated that for the following three reasons he will not be in favor of this project. 3415 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 34 �� CITY OF ROCHESTER, MINNESOTA N? ! 3416 Adjourned Meeting No. 12 - October 16, 1989 Agenda Item G-1 1. Question of sidewalks in the project have not been answered 2. Driveways being paid for by the City 3. Easement of 4th St. and the road design is not good. Alderman Canfield stated that you don't build . sidewalks on a County Road. Alderman Hunziker wondered if the easement on the top of this hill in this project is made a part of the project. Jeff Ellerbush of the Planning Dept. stated that the Aspens property owner retained a 33 foot easement and their may be a possibility that a public street or public road would be put across this area in the future. Having no further Council discussion, Bluhm moved, McConnell second to approve this PUD subject to the following conditions: 1. Up-to-date Homeowners Association documents and covenants will be submitted to incorporate the necessary items addressed at this meeting. 2. Easements for the storm sewer pipe shall be prepared. A 10 foot easement should be provided on lot 6 along the shared property line of lot 5. A 20 foot easement on lot 6 should be provided on the East side of the West property line that runs in a North South direction. A 15 foot easement should be provided along th West property line of the Glenn Miller property. 3. It was agreed that no sidewalk was necessary along Aspens Lane west of Highland Court. A graded berm would be established along the south side of Aspens Lane. 4. McGhie and Betts will provide Plan and Profit sheets for the public streets. (Appens Lane and Highland Court.) 5. Roger Plumb will discuss with Fred Suhler how the contract for the construction of the West side of Highland Court shall be handled. The estimated price for this work was discussed. The cost for the West half of Highland Court including the 6 driveways to be rebuilt is approximately $6,500.00.to $8,100.00. The developer has agreed to pay for the three driveways that remain in the township. The North three driveways are to property that is annexed into the City, therefore the City agrees to pay the cost of replacing them. 6. It has been determined that access rights exist. Mr. Plumb has discussed this issue with Mr. Suhler 7. No sidewalks along Highland Court are necessary. A graded berm shall be provided. 8. The widening of 4th Street would take place entirely on the Nort side of the existing roadway at the present time. The Aspens Development agrees to grant a 15 foot drainage and utility easement along the South property line. The City will widen (provide temporary) 4th Street. 9. The temporary development sign will be limited to 32 square feet. 10. An updated narrative has been submitted. 11. The private drive easement shall be shown on the Final PUD drawings and the 33 foot wide easement shall be shown on the Final Plat for the Aspens. The private drive shall remain as a future option. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Np 3417 Adjourned Meeting No. 13 - October 16, 1989 Agenda Item G-1 12. The'Developer has agreed to no driveway approaches off Highland Court for lots 19-21 only. Lots 22, 23, 24 and 25 will be permitted to have driveways off Highland Court. Upon Roll call vote, Aldermen Bluhm, Canfield, McConnell and Solinger voted aye. Ayes (4), Aldermen Hunziker and Strain and President Selby voted nay. Nays (3). Motion carried. It was noted by the City Attorney that this item passed by a 4-3 vote, however, the City Attorney is instructed to prepare an -Ordinance for adoption ( see F-1 items ) for a first reading. Upon adoption after the second reading ( Nov. 16, 1989 ) this ordinance will have to be adopted by a 5-2 and not more than.that figure. Res. 641A-89 was adopted. G-2 Canfield moved, Solinger second to remove the Final Plat of The Aspens from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the plat subject to the following six conditions: 1. The west half of the ROW for Highland Court where it abuts the southeast corner of Outlot B should be shown to be available to the City for street use by existing public records or b y the applicants providing an easement for this section of needed ROW lying adjacent to the last house on the west side of the H;i'ghland Court. Highland Court is a road for which the ROW has only been established by use. At the north end in front of the house at 211 Highland Court there is a question if the government has ever used the entire length of the lot frontage to its north line for street purposes. If it has not been used, then the City has no legal right to assume it for public street use. 2. The plat should show how the ROW for 4th Street adjacent to Lots 16-19 was established. Again, the 4th Street ROW -was never platted. If -it exists by spearate easement we would like to plat to show that for clarification. The street ROW is outside the boundaries of the plat but it does help show how access is provided to lots in this plat and therefore provides a service the public who will use this plat in the future. 3. Easements for drainage must be provided depending on how the developers decide to exit drainage from the site. Either easements are needed over Lots 8 9 and Outlot C or over Lot 6 and the Glen Miller tract to the north outside this plat. 4. Easements needed by: U.S. West to provide underground telephone service should be provided. 10' wide easements are needed on parts of lots 14-21. Also an easement is needed across Lot 9 unless the City will agree to let U.S. West use part of the exising 50' wide sewer and water easement on lots 8 and 9. 5. Access control should be shown along the ROW for Country Club Road where it abuts;, Lots 8 and 9 and Outlot C as requested by the County Engineer. 6. The developer must provide additional ROW for 4th Street S. W. where it abuts the south side of this plat.if it is determined that there is not enough area to widen 4th Street along this plat to make a right turn lane as planned. Ayes (7), Nays (0). Motion carried. Resolution No. 641-89 was adopte, Agenda Item H-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 16, 1989 COUNCIL N° 3418 Bluhm moved, Strain second to approve the request for sharing the cost on a 50% basis for the heating and air conditioning of the Skyways in downtown Rochester. Alderman Solinger stated that he feels that the contractors were aware of the fact that the skyways had to be heated and cooled and does not feel the City should have to pay for this. Alderman Hunziker agrees with Alderman Solinger wondered if UMPTA did not pay for the skyway over 2nd St. Doug Knott, Dev. Dist. Adm. stated that $204,000 was allocated to this project. Alderman Strain stated that the skyways are heated and cooled on the ends but the distribution of the heat/cool thru the skyways was not clearly defined and this has to be done and he feels that 50/50 is fair since the problem was not addressed before. Upon roll call vote, Aldermen Bluhm, Canfield, McConnell and Strain voted aye. Ayes (4), and Aldermen Hunziker, Solinger and President Selby voted nay. Nays (3). Motion carried. Having no further business, Strain moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk Information - Committee of the Whole Minutes for 9-25-89 and 10-2-89. 1