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HomeMy WebLinkAbout05-07-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON 'N?3518 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - May 7, 1990 Agenda Item A-1 D-1 D-2 D-3 D-4 E-1 E-2 E-3 COUNCIL N9 President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent:None. Bluhm moved, McConnell second to approve the minutes of the April 16, 1990 meeting. Ayes (7), Nays (0).motion carried. Bluhm moved, Strain second to adopt Resolution No. 215-90 referring the petition for installing sidewalks on Lincoln Lane N. W. cul-de-sac in Lincolnshire Sub. to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to adopt Resolution No. 216-90 referring the petition for Street Surfacing, Curb and Gutter and side walk and topcoat in Homestead Addition - West side of 16th Ave. S.E. from the So. Line of Homestead Acres Sub. to 8 1/2 St. S. E. to the Public Services Dept. for a feasibility report. Ayes (7), Nays (I Motion carried. Strain moved, Hunziker second to adopt Resolution No. 217-90 referring the petition for San. Sewer and Watermain Ext. to serve Parcel 12209 Roch.Township to the Public Services Dept. for a feasiblity report. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 218-90 referring the petition for City street - Grading and Surfacing San. Sewer and Watermain to a portion of 17th St. S.W. to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0). Motion carried. Strain moved, Hunziker second to approve the Resolution No. 219-90 setting a public hearing for May 21, 1990 approving the authorizing the County HRA to operate within the City limits at the Riverbend site and for the purpose of approving the Redevelopment Plan for the Riverbend site. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the outdoor dining adjacent to 102 South Broadway_ in the areas as indicated in Doug Knott's instructions attached to the Request for. Council Action and that the existing bicycle rack be relocated. Ayes (7), Nays (0).Motion carried. ( Koffee's on Broadway ). Solinger moved, Strain second to have this reviewed within a year and staff is requested to make an indepth review of the situation. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the revisions to Cable Communication Policy Act of 1984. This is in regard to the cable rates being set by the Federal requlations rather then on a local level as it used to be. The City of Rochester would like to see this back under local control. Ayes (7), Nays (0).Motion carried. a 3518 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 W 1�7 Agenda Item E-4 E-5 E-6 E-7 E-9 E-10 CITY OF ROCHESTER, MINNESOTA N? 3519 Regular Meeting No. 30 - May 7, 1990 Canfield moved, Bluhm second to approve the establi.shing.of the maximum assessment rate for 1990 street reconstruction projects at $25.00 a foot. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to accept the $100. donation and to appropriate the money to Policy Dept. Acct. Specialty Unifcrms.This Mr. & Mrs. Ray Meshke. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the returmsof Rochester' $69,261. in allocated housing tax credits to the State of Mn. to be placed in the Greater Mn. Pool. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to approve the purchase of 428-432 South Broadway contingent upon the following: 1. Publication of notices and hearings as required by HUD for the environmental review and the reallocation of funds. 2. An acceptable landscaping plan for the lot. This will also be contingent on the obtaining the fee title and temporary construction esements from these property owners for the Corps project. The proerty involved lies easterly of the buildings and involves riverbank and.river bottom area. For this assistance the property owners agree to sell those land rights to the City at the Corps' approval appraised value. The City Attorney will have the hearing and a written agreement made. It is also included to stop the parking lot at the existing retaining wall. Mac Hamilton , Dev. was present and Dick Bins, Attorney of this project. He stated that they would like a metered parking lot. They have no trouble working with the City on flood control. They will work with staff on getting additional signage. Ayes (7);; Nays (0).Motion carried. Solinger moved, Strain second to approve the repayment plan to the City by the Radisson Hotel. The overdue bill is $23,900.30. This should be paid off by December 31, 1991 and the payments of $500.00 per month bet. May and Oct. of 1990 and $800.00 Mon. - Nov. 1990 and Oct. 1991. This would leave a balance due of $11,300. to be paid by the end of the year. Ayes (7), Nays (0).Motion carried Strain moved, McConnell second to adopt Resolution supporting the candidacy of Peter Solinger to the Cities Board of Directors. This would be for Vice Canfield stated that the City Council appreciated Alderman Solinger has done on the Board on behalf Ayes (7), Nays (0).Motion carried. No. 220-90 League of Mn. President. Aldermai all the work that of the City. Bluhm moved, Strain second to adopt Resolution No. 221-90 approving the 49 year lease of unneeded and unusable City owned land at the Airport for $50.00 per acre for 17.8 acres. The rental rate will be reviewed every 5 years and compared to the Consumer Price Index for adjustment. f rom RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N° 3520 CITY OF ROCHESTER, MINNESOTA N? 35-20 Reqular Meetinq No. 30 - May 7, 1990 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 Resolution No. 222-90 approving a Airport Paint Striping Agreement with the Mn. Dept. of Trans. They provide paint, equipment and personnel to do this project. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 223-90 approving the resolution adopted by the Public Utility Board as follows: Enter into a purchase order agreement with Bob Seely Ford Co. for two pickups and three cargo vans in the amount of $61,964.50. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 224-90 initiating eminent domain proceedings at this time in order not to delay the dev. from obtaining electrical power. This is to the remainder of Hunter Hills. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to approve the following licenses and bonds: ( see display at the end of the minutes ). Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to waive the 60 day waiting period as requested by Rochester Art Center for a raffle and from the American Legion Post 92 for annual gambling license. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the request for a Duck Derby from Junior Achievement of Roch. to be held on June 30, 1990. Ayes (7), Nays (0).Motion carried. Canfield moved, Soligner second to approve the following Star- of North activiites: Road Race on June 23, 1990 from Douglas DeWanz - at Sunset Terrace Fireworks Display on June 16, 1990 at the Roch. Stadium -from John Withers of the Post Bulletin. Torch Run on June 15, 1990 from Rollie Keyeske on Hwy 63 No. to John Marshall High School. Bicycle race on June 17, 1990 from Jim Radke. Fitness Walk on June 16, 1990 from Tamara Doty. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to approve the following Misc., Activiites: Request for a Relay Race - 8th Annual on June 2, 1990 from the Rochester Area Family YMCA Request from the Roch.-Post Bulletin for a fireworks display on the 4th of July. Request from New Life Homes and Finaily Services for a road run on May 12, 1990. Request from Olmsted Co. Special Olympics for a Walk-A-thon on May 19, 1990. Ayes (7), Nays (0).Motion carried. Ehool . RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3521 Regular Meeting No. 30 - May 7, 1990 Agenda Item E-17 Bluhm moved, McConnell second to approve the Accounts Payable in the amount of $1,181,428.41. List on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-18 McConnell moved, Solinger second to adopt Resolution No. 225-90 awarding the low bid to Modular Computer Systems in the amount of $1,898.00 per month for one year to be used at the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. E-19 Strain moved, Bluhm second to adopt Resolution No. 226-90 awarding the low bid for plant mixed bituminous to Shamrock Enterprises at $15.47 per ton with hauling at.10¢ and Rochester Sand and Gravel delivered at $17.80. Ayes (7), Nays (0).Motion carried. E-20 Strain moved, Hunziker second to adopt Resolution No. 227-90 awarding the bids for Rapid Cure cut back asphalt and cationic asphalt at $10,029.60 and $47,410.00 per year. Ayes (7), Nays (0). Motion carried. E-21 Bluhm moved, Canfield second to adopt Resolution No. 228-90 accepting the low bid of Dave Syverson fora GMC Chassis - and street flusher for the Public Services Dept. in the amount of $46,565.00. Ayes (7), Nays (0).Motion carried. E-22 Solinger moved, Bluhm second to adopt Resolution No. 229-90 awarding the bids for aggregate materials.- Ayes (7), Nays (0).Motion carried. The low bidders are as follows: ROCHESTER SAND & GRAVEL Washed sand F.O.B. Pit @ $3.00 per ton Pit run gravel F.O.B. Pit @ $1.10 per ton QUARVE-ANDERSON 3/4" Crushed rock F.O.B Pit @:2.60 per. ton 1/4" Rock sealing chips F.O.B Quarry @$4.65 per ton 1/4" Rock sealing chips delivered @$6.50 per ton 4" to 6" Rock F.O.B. Quarry @$2.50 per ton SHAMROCK ENTERPRISES Washed sand delivered @ $4.09 per ton Pit run gravel delivered @ $2.69 per ton 3/4" Crushed rock delivered @ $4.26 per ton 4" to 6" rock delivered @ $4.16 per ton W 3 5"2 2 Agenda Item E-23 E-24 E-25 E-26 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - May 7, 1990. COUNCIL N° 35-22 Strain moved, Canfield second to approve the pay grad increase of one step for firefighter Timonthy Bangert. He has had previous experience to warrant this increase. Ayes (7), Nays (0):Motion carri Strain moved, Bluhm second to approve the Petition to annex by Ord. 1.13 acres of property lcoated at 311 Highland Ct. S. W. and 2509 4th St. S. W. The City Attorney is instructed to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to approve the Preliminary Plat to be known as Hunter Hills Second Sub. with the following six conditions: 1. A grading and erosion control plan for the sub. should be sub- mitted with the final plat. The plan should show that the lots _ abutting the ROW for 55th St. N. W. (Circle Dr.) will be graded to the future property line grade for Circle Dr. 2. The final plat should restrict access to 55th St. from any abutting lots by platting access control on the final plat. 3. A bike path should=be provided along the 55th St. N.W. ROW. 4. The Dev. should indicate the plans for Outlot A in the plat. Who will own it and what about access? 5. The Dev. should address how the increased rates and amounts of runoff from this plat are going to be handled and the subsequent additional soil erosion caused downstream from this dev. will be controlled. The dev. should proivde a plan and assurances to the City on drainage facilities that will be needed outside this property on the lands south of 55th St. N. W. At the present time, the land south of 55th St. across from this plat which receives the runoff from this plat is not in the City. 6. The Dev. and the City should reach agreement on the electrical service to the sub. Fred Suhler, City Atternev will secure an agreement signed to the City on this. After Council discussion, the matter of walkways was brought up. Wishing to be heard was Amy Caucutt of the Planning Commission. She stated that they left that condition on this plat because of the lack of ROW to get to the parks. After Council discussion, vote was taken - roll call - Aldermen B1 �anfie,ld,Hunzike.r,.McConnelI & President Selby voted aye. Ayes (5), Aldermen Solinger and Strain voted nay. Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 230-90 setting a hearing date of June 4, 1990 at 7:30 P.M. on the vacation of a 10 foot utility easement located in Parkwood Hills. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell Second to authorize the following sales of certain remnant properties to Broadstreet Condominium owners. 1. 3,778 sq. ft. of excess lands on the former Salvation Army Thirft store site in Blk 60 Original Plat to Broads tree t.owner_sin the amount of $28,335.00 2. sale of 490 Sq.Ft. on the former Salvation Army Thrift Store in the amount of $3,675.00. 3. Authorize the lease of $1.00 of the Salvation Army and Owen Real- estate to temporary parking by the Real Estate Co. Ayes (7), Nays (0) Motion carried. Agenda Item E-27 E-29 E-30 E-31 E-32 E-33 E-34 E-35 E-36 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3523 Regular Meeting No. 30 - May 7, 1990 Solinger moved, McConnell second to adopt Resolution No. 230A-90 and 230B-90 ordering a feasibility report and a public hearing on Project No. 6255-4-90 J 9152 - Ext. of San. Sewer on the N. side of 55th St. N. W. from 25th Avenue to 23rd Avenue N. W. and Watermain Ext. on the N. side of 55th St. N. W. from 25th Avenue to the East Line SW 1/4 SW 1/4 Sec. 10 Cascade Township. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to instruct the City Attorney to prepare an Ordinance changing 17th Street S. W. as platted in Toogood Sub. to Tudor Court S. W. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to adopt Resolution No. 231-90 restricting parking as requested by Olmsted Co. and list it as Para (246) as follows: CSAH 22, ( East and West Circle Dr.) on both sides where ever the road is inside the City Limits at all.times. Ayes (7), Nays (0). Motion carried. Canfield moved, Hunsiker second to adopt Resolution No. 232-90 requesting Mn/DOT to conduct the 1990 MSA Traffic Counting. Costs are 300 counts at $16.00 each for a total of $4,800.00. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 232A-90 awarding the low bid of $461,986.80 to Elcor Construction Co. for Project No. 6206-3-89 J 9067,Reconstruct and Widen 6th St. S. W. from Ah Avenue S. W. to loth Avenue S. W. Ayes (7), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 23213-90 instructing the City Clerk to advertise for bids on Project No. 6003- 85B J 2214 - S.P. 159-114-09 - Demolition of 8 houses and 4 commerici buildings on the 5th St. N.W.-N.E. Ext. between 4th Avenue N. W. and 2nd Ave. N.E. ROW. Ayes (7), Nays (0).Motion carried. This item will be taken up in the evening session. Hunziker moved, Bluhm second to adopt Resolution No. 233-90 adding Sec. M. to the Neighborhood Traffic Control Park. Zones as follows: 1. 16th Avenue N. W. N. of llth Avenue N. W. on a N. bound choker. 2. 21st Avenue N. W. S. of 36th Street N. W. a S. bound choker. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 234-90 approving a proposal for Eng. Service by Yaggy Colby for Project No. 5710-90 J 9151 - San. Sewer Trunkline Interceptor from the Co. Club Manor Trunkline at 3rd Street N. W. to the 24" Trunkline on the South side of Trunk Highway 14. Ayes (7), Nays (0).Motion carried. 3524 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N9 35-24 Regular Meeting No. 30 - May 7, 1990 F-1 An Ordinance Annexing to the City of Rochester a portion of Lot 8, Hillcrest Sub. was given its first reading. F-1 An Ordinance Relating to Street Names renaming 17th St. S.W. as contained in Toogood Sub. as Tudor Court S.W. Amend. RCO 75.01 was given its first reading. F-1 Bluhm moved, Hunzier second to adopt Resolution No. 235-90 approving the following owner contract with Hutt Family and Roch.Sand and Grave for Grading, Base, San. Sewer and Watermain Ext. in 16th Avenue S. E. from the South Ln. of Homestead Acres to 8 1/2 St. S. E. Ayes (7), Nays (0).Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 236-90 approving an owner contract for Basic Construction in Cimarron 12th Sub.; Western Walls. Ayes (7), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 237-90 approving an owner contract for Basic Construction in Lincolnshire Fourth Sub. to serve Lots 1 thru 6, Blk 1 and Lots 1 thru 10 ,Blk 2 Younge Builders and Rochester Sand and Gravel. Ayes (7), Nays (0). Motion carried. F-1 McConnell moved, Hunziker second to adopt Resolution No. 238-90 approving an owner contract for Basic Construction in Aspens PUD and Highland Ct. S. W.; MESPA Corporation and S.L. Contracting Inc. Ayes (7), Nays (0).Motion carried. F-1 Strain moved, Canfield second to adopt Resolution No. 239-90 approving an owner contract for Basic Construction in No. Heights East 6th Sub.; Phase II to serve Lots 3 thru 18, Blk 1, Payne Co. and Road Constructors, Inc. Ayes (7), Nays (0).Motion carried. F-1 Canfield moved, Solinger second to adopt Resolution No. 240-90 aporoving an owner contract for Basic Construction in Foxcroft North; Foxcroft Dev. Corporation and Elcor Construction Co. Ayes (7), Nays (0).Motion carried. Having no further business Strain moved, Bluhm second to adjourn the meeting until 7:30 P.M. Ayes (7),Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. B-1 A Hearing on the 1990 CDBG Program Revised Award and Re -Appropriation Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, McConnell second to approve the 1990 re- vised Grant Agreement with HUD for $391,000. and reappropriate the $13,200 for the Rochester Energy Office to account for the reduction in our 1990 grant award and to provide increases to the remaining 199 sub grantees as listed prior. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3525 Regular Meeting No. 30 - May 7, 1990 Agenda Item B-2 A Hearing on the CDBG Re -Appropriation of $40,000 from Downtown Slum and Blight Activity. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Strain second to approve this request. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the 1990 Snow Removal for the City residents. Wishing t be heard was Mina Paurzand-Vakil of 1421 4th Avenue S. E. She is opposed to this assessment. She stated that the people she hired to remove the snow should have done the removal and the City should not have billed her. Mr. Harold DeVries, Public Services Dept. stated th she had snow on the property and the City removed it and thus the billing. Having no one else present that wished to be heard, Preside Selby closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 241-90 approving the assessment. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Sidewalk Replacemetn Project No. 1-1990 J 9146 Various Areas - City. Wide. Wishing to -be heard was Ms. Mina Paurzand• Vakil of 1410 Meadow Lane and does not want sidewalk on her property at 1421 4th Avenue S. E. She stated that it is not necessary. Mr. Harold DeVries stated that it is all torn and broken and a person fell on an area just like this recently. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 242-90 aporoving the project and ordering bids to be opened at 11:00 A.M. on May 30, 1990. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Sidewalk Replacement Project No. 2-1990 J. 9147 South Broadway 11 th Avenue S. E., 9th St. - 12th St. S. E. Harold DeVries presented a video of the area. A resident of 211 9 1/2 St. S. E. wished to have the billing system explained to him. This was done. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Hunziker secon to adopt Resolution No. 243-90 approving the project and ordering bids to be opened at 11:00 A.M. on May 30, 1990. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the New Sidewalk Proejct NO 3-1990 J 9148 -Various Fill In areas- City Wide. Wishing to be heard was Mrs. Richard Sedlack of 1664 Wilshire Dr. N. E. and is opposed. Also opposed was James Sheehan of 1644 Wilshire Dr. N. E. He thinks the City needs a consiste'.nt policy and took out the sidewalk in front of his house because it was in poor repair. He thinks if his side of the street needs sidewalks, then the.other side does too.He is opposed Also opposed is David Brandt of 551 Zumbro Drive N. W. ; Gill Hahn of 1652 Wilshire Dr. N. E. Roger Plumb, Public Services Dir. stated that the City does have a policy regarding sidewalks and informed Mr. Sheehan of what it is. He also reminded Mr. Sheehan that he took out his sidewalk without City permits or approval from his department. He will request that upon Mr. Sheehan's suggestion that the residents of the other side of Wilshire Dr. would be getting sidewalks (requested for) next year. Mr. Plumb urged the Council to approve this project. N4 3526 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA No Regular Meeting No. 30 - May 7, 1990 David Rossman, Traffic Eng. for Public Services stated that this sidewalk is needed for the school children to use as well as people using this as a means of walking for exercise. Alderman Canfield questioned Public Services on the wash out of the sidewalks, etc. Mr.DeVries stated that now a 6" sill is used and this should help, plus washing of the sod can make a sidewalk sink. Mr. Jim Sheehan wanted to be heard and stated that no children are using this walk as they are now attending Jefferson School Dist. and the rest go to Churchill. Mr. DeVries stated that he had called the school that morning and they did stated that children were in the Jefferson School Dist. but lived in the area of where sidewalks woull be needed. Alderman Bluhm stated that he feels the sidewalks are needed and thinks it is a good safety -rule to have these sidewalks come in. After further Council discussion, and having no one else present that wished to be heard, President -Selby closed the hearing. Strain mvoed, Canfield second to adopt Resolution No. 244-90 ordering the project to be made and advertise for bids to be opened at 11:00 A.M. on May 30, 1990. Ayes (7), Nays (0).-Motion carried. A Hearing on the Final Plat to be called Mayowood Common. Wishing to be heard was Dr. Mark Addson of 3004 Mayowood Hills Drive S. W. He is opposed to this as he would like the area to be developed in a manner that is conducive to the neighborhood. It is a peaceful valley now and he would like it to remain so. A letter from Ms. Eleanor Hodgson was read is in opposition. Wishing to be heard was Donna Suk of 1810 Mayowood Rd. She is working with the parents of Bamber Valley School.She stated that she is concerned about the traffic in the area as the enrollment went from 300 to 850 students and it could get higher. Wishing to be heard was Bernard Donovan, Dev. He stated that he has planned 54 units and that is 1/3 the number that he could put on this area. He wants to be a good nei"ghbor, but this is as good a project as he can come up with. President Selby questioned Mr. Donovan if he had talked to the neighbors. He said that he had not. Wishing to be heard was Ned Mayo of Arkansas. He is urging the Counc- to approve this project. He stated that this is a good looking project and would fit in well with the area. Wishing to be heard was Howard Taswell of 3202 Mayowood Hills Dr. He is in opposition. }fishing to be heard was Aynsley Smith of 2878 Mayo Hills Dr. and urged the Council to table this until the area people could get together and come back with a solid platform. Wishing to be heard in opposition was Dan Kerim of 504 19th St. N. E.. He was present on behalf of Bernard Donovan and urged Council support too. Wishing to be heard was Bernard Donovan again. He stated that he does not want to hold over the general plan. He would like to have the Council approve or deny this at this meeting. Wishing to be heard was Johnson Thistle of 2910 Mayowood Hills Dr. and is opposed, he would like to see a mutual agreement on this. 3526 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA N? 3527 Regular Meeting No. 30 - May 7, 1990 Agenda Item B-7 President Selby stated that if communication could be had between the developer and the people this would help solve the what if's. Having no one else present that wished to be heard, President Selby closed the hearing.. Canfield moved, Solinger second to adopt Resolution No. 245-90 approving the plat with the four conditions as follows: 1. Submission of a drainge study or at least design parameters for drainage control that is acceptable to the Public Services Dept. 2. The ownership of Cutlot A for park purposes should be decided by the Council and the Park and Recreation Dept. The developer indicated his general intent was to proceed in the direction laid ou- in the 2-22-90 letter from Roy Sutherland, but that discussions were still going on. If the park ends up being private, then a homeowner! association or private convenant-should be set up to own or manage the property. Also, if a cash dedication is required, the amount mus. be approved by the Council prior to the recording of this plat. 3. A plan for the removal and replacement of any existing natural gas service lines located on the plat should be provided and agreed to b; People's Natural Gas. A copy of the agreement must be submitted to the Planning staff. 4. Streets connecting to Mayowood Road and 28th Avenue should have urban section width brought all the way out to the shoulder of the road. New culverts should be instal.led under the roads and extended the full width of the grading. Ayes (7), Nays (0).Motion carried. B-8 A Hearing on the Planned Unit Dev. Final Plan Phase to be called Teton Court. Wishing to be heard was Mrs. Sandak of 1516 13th Avenue N.E. She is opposed to this as she is concerned about the soil erosion, no plans for the trees or the replacement of them. She presented areas in town that are chopping down trees and would like to have a task force established to save trees. Wishing to be heard was Dave Morrill, Eng. for the project. He stated that he has an environmental report that allows this project. He stated that conditions are agreeable and urged the Council to approve this project. Wishing to be heard was Joe Postier of 1704 Teton Lane. He wondered if all the conditions were met that was requested by Public Services and Planning. Jeff Ellerbush of the Planning Dept. stated that most of them were met, the conditions that are not at this time will be met soon. Alderman Canfield informed Mrs. Sandak that the City is designated "Tree City" and he feels that the council is alert to the fact that trees need to be preserved. ° Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Canfield second to adopt Resolution No. 246-90 approving the plan with the following five conditions: N° 3528 Agenda Item B-9 law E-34 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 35-28 Regular Meeting No. 30 - May 7, 1990 1. All necessary temp. and permanent easements shown on the final plan be provided to the City before the ordinance rezoning the property to the PUD district is adopted. 2. All recommendations in the final plan geotechnical report are followed. These.recommendations in the report specifically speak to removal of all previous fill materials on the property where residences are to.be built and the special design consideration for utilities through the:fill areas. 3. Completion of the erosion control and drainage facilities before any permits ar-e;issued for residences to be built on the site. 4. A specific grading plan for Lot 13, Blk 1 be provided when app- lication for a building permit is made if driveway access is to be taken from the common driveway also serving Lots 14 and 15. The grading plan should specifically provide for a relatively flat private driveway approach on the lot leading to the garage for the home. 5. A separate Tot erosion control plan should be submitted at the time of the application for a building permit for each of the 15 homes. All disturbed and stockpiled areas caused by the house construction should be protected to keep soil from leaving the lot boundaries. Also this grants the developer the right to come back to the Council in the future with amendments to this PUD. Ayes (6), Nays (1). President Selby voting nay. Motion carried. A Hearing on the Final Plat to be known as Teton Court. Having -no one present that wished to be heard, President Selby closed the hearing: Strain moved, Canfield second to adopt Resolution No. 247-90 approving the plat with the following condition: 1. The City Council and the Park and Rec. Dept. must decide on an appropriate amount for the cash dedication to satisfy the requirements of the Parkland Dedication Ordinance. This requirement must be completed before the final plat is recorded. Ayes (6), Nays (1). President Selby voted nay. Motion carried. A hearing on the Land Use Plan Amendment from the Low Density Residential to Med. Density Res. and Comm. on property located along Viola Road and Circle Dr. Bluhm moved, McConnell second to continue this hearing until May 21, 1990. Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 248-90 ordering bids to be advertised on Project No. 8414-89 J 9111 New Sidewalk Project for Willow Heights Dr. S. W. Bids to be opened on Wed. May 30, 1990. Ayes (7),Nays (0).Motion carried. An Ordinance Rezoning certain property and amending Ord. 1659 known as the Zoning Ord. of the City of Rochester, PUD Teton Ct. Sub. was given its first reading. Having no further business Solinger moved, Stra n second to adjourn the meeting. Ayes (7), Nays (0).Motion carried City Clerk Agenda Item E-13 F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3528A CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - May 7 1990 Colin Garvey DBA C.G. Construction, 2935 250th St. East, Farmington, Minnesota requests approval of his application for a license to construct cement sidewalks, curb 3 gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, insurance requirement met and departmental approval obtained. Mike Haley Masonry, 615 East Broadway, Plainview, Minnesota requests approval of his application for a license to construct cement sidewalks, curb d gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, insurance requirements met and departmental approval obtained. (RENEWAL) Randy Koball DBA Koball's Poured Walls. Inc., 4645 Twilight St. SE, Rochester, Mn. (RENEWAL) requests approval of his application for a license to construct cement sidewalks, curb d gutters and driveways for the period of May 1, 1990 through December 31. 1990. The required fee has been paid, insurance requirements met and departmental approval obtained. Michael H. Lawson, 508 Fairway Court North, Stewartville, Mn. requests approval of his application for a license to construct cement sidewalks, curb 3 gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, Insurance requirements met and departmental approval obtained. (RENEWAL) Gerald D. Schaefer, Route 3, Chatfield, Mn. requests approval of his application to construct cement sidewalks, curb d gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required, fee has been paid, insurance requirement met and departmental approval obtained. (RENEWAL) Ken Yeadon, DBA Tank Concrete, Route 2, Stewartville, Mn. requests approval of his application for a license to construct cement sidewalks, curb b gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, insurance requirements met and departmental approval obtained. (RENEWAL) Weis Builders, Inc., 2227 7th St. NW, Rochester, Minnesota requests approval of their application for a license to construct cement sidewalks, curb 8 gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, insurance requirements met and departmental approval obtained. (RENEWAL) J. Brian Zorteau DBA Zorteau Construction, Route 1, Zumbro Falls, Mn. requests approval of his application for a license to construct cement sidewalks, curb d gutters and driveways for the period of May 1, 1990 through December 31, 1990. The required fee has been paid, insurance requirements met and departmental approval obtained. (RENEWAL) Larry Bielenberg, 954 Elton Hills Place NW, Rochester, Mn. requests approval of his renewal application for an Auctioneer's License for the period of May 1, 1990 through December 31. 1990. The required fee has been paid, bond requirement met and departmental approval obtained. Lowell Gilbertson,•2661 Oak Hills Dr. SW, Rochester, Mn. requests approval of his application for an Auction Permit to hold an auction on May 3, 1990 for. the Historic Riversite Partnership at 429 South Broadway to sell restaurant equipment. The required fee has been paid, bond requirement met and departmental approval obtained. Prior approval was given for this permit on May 1, 1990 by Nancy Selby and Jean McConnell. Jeff Kunz DBA Master. Jewelers, 1201 South Broadway, Rochester, Mn. requests approval of his application for an Auction Permit to hold an auction on April 26, 1990 to sell jewelry at "At the Hop" 808 South Broadway. The required fee has been paid, bond requirement met and departmental approval obtained. Prior approval was given on this permit April 25, 1990 by Jean McConnell and Nancy Selby. The Rochester Art Center, 320 East Center St., Rochester, Mn. requests approval of their application to hold a raffle on June 3, 1990 at the annual Rochester Art Center Festival of the Arts in Central Park. Departmental approval has been obtained. Request has also been made to waive the 45 day waiting period. MT8 Properties ( William, Mike b Tom Fitzgerald), 2505 Lenox Court SW, Rochester, Mn. request approval of their application to hold Bingo at Circus World Bingo, 2828 Frontage Road East, Rochester, Mn. for the period of June 1, 1990 through June 1, 1991. The State of Minnesota now requires the OWNERS of Bingo Halls to obtain an annual Bingo Hall License also along with the actual organs ation (Lourdes High School d Lourdes Development Fund) obtaining an annual gambling license. Departmental approvals have been obtained. Please waive the 60 day waiting period. 3528B Agenda Item E-13 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - May 7, 1990 The American Legion Post P92, 315 1st Avenue NW, Rochester, Mn. requests approval of their renewal application for an annual gambling license for the period of August 1, 1990 through August 1, 1991. Departmental approval has been obtained. Please waive the 60 day waiting period. Bear Creek Services, 717 3rd Avenue SE, Rochester, Mn. requests approval of their application for a Temporary On -Sale Non -Intoxicating Malt Liquor License for the period of June 24, 1990 for the Jazz Fest to be held in conjuction with Rochesterfest at the Olmsted County Fiargrounds. Proceeds are to go to the foundation for the Mentally Retarded. The required fee has been paid and departmental approval obtained. Hillcrest 66 Service Station, 1616 Elton Hills Drive NW, Rochester, Mn. requests approval of their application for an Over -The -Counter. Cigarette License for the period of May 1, 1990 through April 1, 1990. The required fee has been paid and departmental approval obtained. 1