HomeMy WebLinkAbout09-04-19852494 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 4, 1985
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President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers and Solinger. Absent : Adlerman Strain. .
Duffy moved, Bluhm second to approve the minutes of the August 19 an,
26, 1985 meetings. Ayes (6), Nays (0).Motion carried.
A Hearing on the # 85-19 Petition to vacate the 4' utility easement
located along the east lot line of Lot 14, Brookside Subdivision
being the property at 1013 10 1/2 Street S. E. Having no one presen-
that wished to be heard, President Postier closed the hearing.Solingo
moved, Bluhm second to adopt Resolution No. 471-85 approving the
vacation. Ayes (6), Nays (0).Motion carried.
A Hearing on the # ZC 85-20 Petition to Change the Zoning District
from B-lb to R-3 and B-4 on the vacant land between McDonald's and
the Motel 6 of the West Frontage Road of Highway 52 North. Having
no one present that wished to be heard, President Postier closed the
hearing. Duffy moved, Allen second to instruct the City Attorney to
prepare an Ordinance for adoption. Ayes (6), Nays (0).Motion Carrie(
A Hearing on the Proposed Project 5403-85 J 8912 - Sanitary Sewer
and Watermain Extension in the East Service Drive Trunk Highway No.
52 from 4th Street N. W. to approx. 450 feet North. Having no one
present that wished to be heard, President Postier closed the hearin
Bluhm moved, Solinger second to adopt Resolution No. 472-85 approvin
the project and ordering it to be made. Ayes (6), Nays (0).Motion
carried.
A Hearing on the Proposed Project No. 6303-1-85 J 8914 - Extension
of Sanitary Sewer and Watermain in East River Road from East River
Lane to the North Line of Lot 33 Christensen - Sehl Subdivision.
Wishing to be heard was Alfred Anderson of 721 15th Avenue S. W.
He stated that between his property and that owned of Mr. Alder, they
would be paying for most of the assessments in this project. He does
not think that is fair. Mr. Anderson stated that if the project was
enlarged, the price would be cheaper and the assesments would be
spread over a larger area of land. President Postier stated that
the project that is heard tonight would have to be acted on. He
stated that unless 100 percent of the landowners are in favor of the
project being extended, the Council would have to consider only the
area that was petitioned for. Mr. Anderson stated that in this case
he would object and so would Mr. Alder. Wishing to be heard was
Mike Palus of 2330 East River Road. He is in favor of extending this
project. President Postier asked if 100 percent of the neighbors
north of the people that petitioned for this project were in favor
of extending the project. No one seemed to know of any oposition.
Fred Suhler, Jr., City Attorney also stated that if 100 percent of
the peo Ple on the frontage of this area considered, then the project
could be extended without any further hearings. Those people present
that are in favor of the extension are as follows: Duane Highet
of 2320 3rd Avenue N. E., Petitioner. John Southworth of 2406 East
River Road. They also stated that 2426 East River Rd. is the
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 4, 1985
last address which the project should be extended. Wishing to be
heard was Mark Tassler of 2407 East River Road and is not in favor
of the project running past his property. He stated that this would
cost him Approx. $15,000. to run this past a vacant lot and by the
project being extended this would include this vacant land. Based on
this he is not in favor. Having no one else present that wished to
be heard, President Postier closed the hearing.
After Council discussion,it was decided not to take any action and
take this back to the Public Services Department. The Public Service',
Department would try to secure more petitioners in favor of the
project and bring this back to the Council at the next meeting.
No Action was taken on this part of the project.
A Hearing on the Final Plan for Phase I of the Arboretum Special
District to be known as Arborglen. Having no'one present that wishes
to be heard,.President Postier closed the hearing. Duffy moved,
Powers second to adopt Resolution No. 473-85 approving the plan
subject to the following conditions:
1. Provide a continuous concrete sidewalk four (4) feet wide along V
north, west, and south sides of Arbor Drive;
2. Limit islands in the street right-of-way to the two (2) places
where Arbor Drive intersects with 31st Avenue N. W.
3. Except where affected by topography, soil conditions, or house
design , all lots around the private cul-do-sacs shall have driveway
access to the public street via the private cul-de-sac;
4. Arborglen Park shall be dedicated to the public.
5. Walkways and pathways through private easements shall be open
to the public.
Ayes (6), Nays (0).Motion carried.
A Hearing on the ZC # 85 -18 Petition to change the Zoning District
from R-1 to R-2 on the property located at 326 20th Avenue S. W.
Wishing to be heard in opposition was Ann Kirkham of 319 20th
Avenue S. W.; Shirley Jeske of 322 20th Avenue S. W.; Mary Henry of
300 20th Avenue S. W. and Earl Labrash of 409 20th Avenue S. W.&
Mary Williams of 315 20th Avenue S. W. Having no one else present
that wished to be heard, President Postier closed the hearing. Power-.
moved, Duffy second to deny the request. This was based on the
complaints by the people. The duplex was in non -conforming use with
the Zoning Code.
A Hearing on the Proposed Project No. 6300-S-84 J 8851 Grading and
Surfacing, Concrete Curb and Gutter on East Frontage Road in the 800
Block of T.H. No. 63 South. Wishing to be heard was John Arnold,
Attorney on behalf of AMPI. They are still opposed to this project.
He stated that AMPI will convey the land as agreed upon in the City
Attorney's office but they will not convey the property until an
actual receipt of the land owners and a condemnation -has been
proceeded with. Wishing to be heard was Denny Weestrand of 501
20th Avenue S. W. He is concerned about the common driveway and has
attempted to set up a meeting with AMPI for several months.Having no
one else present that wished -to be heard, President Postier closed thl
hearing. Duffy moved, Bluhm second to adopt Res. 474-85 approving
the nroJect. Aves (6). Nays (0). Motion carried.
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2496 CITY OF ROCHESTER, MINNESOTA
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B-8 A Hearing on the Group W Cable/Rate Increase request. Wishing to
be heard was Mary Barrett of 800 llth Street N. W. and is opposed
to any rate increase. Wishing to be heard was Tony Padilla of 3559
6th Place N. W. and was opposed. He was a member of the Cable Comm-
ission for the City and stated that he had 11 good channels. He
was also concerned about senior citizens ability to pay for the
increased fee that cable would be charging. Most of them are on
fixed income and would not be able to afford cable. Wishing to be
heard was Dorothy Kappler of 15 4th Avenue N. W. She was opposed
to the increase. She wanted to know what happened to the national
channels and why Rochester could not get them. Wishing to be
heard was Mark Osterus of 1432 20th Street N. W. His is in favor
of the increase if he would be able to get some national channels.
Wishing to be heard was Mae Collins of 2404 4th Avenue N. W. She
stated that she sees a real need for an increase, but maybe not the
entire amount that Group W is requesting. She also would like to
see some national channels included and as a member of the current
Cable Commission, she has looked at different systems in the country
She stated that Group W has about the same system as the other
cities she toured. Ms. Collins feels that the system could be
improved. Wishing to be heard was Susan Kohler of 1430 20th Ave.
S. E. and stated that her reception was poor and does not think
the rate hike is appropriate. Wishing to be heard was John Huntzige
of 1402 Damon Court. He had many questions regarding the rate
structure, how long a franchise could be established in Rochester an
if Group W had the franchise locked up - If they did not, and another
cable company came in to Rochester, could they use the cable that
is currently used by Group W, Etc. He stated that he would like
to have answers to these questions soon.
Wishing to be heard was Bob Loos, General Manager of Group W in
Rochester. Mr. Loos explained the request for a rate increase.
He answered the question on why the duplication of some channels
such as 5 and 6 are the same and 11 and 12. Mr. Loos stated that
Federal regulations on programming require them to carry both
channels. They must carry the local signal - which in this case is
channel 5. Mr. Loos stated that a court hearing is being held and
this may change, but as of this evening, they are required to carry
both. As far as financing is concerned. The franchise stated that
Group W is allowed to make a fair return on their investment. The
Group W company has provided the financial information to Mr. William
Crawford , Chairman of the Cable Commission and to Paul Utesch,
Finance Director. This information promoted Group W to ask for the
rate increase. Mr. Loos explained the reason that a National channel
was not included in the original change of a couple of years ago.
The intention was to include a super channel, but the rate given
to Group W at the start was .5% of 1% of the gross revenue. When
the basic rate was established, Group W was notified that the rate
for a super channel was 3.75% for each super channel picked up.
Since they did not figure that large percent in the basic rate, they
had to drop the addition of super channel.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 4, 1985
They don't agree with the rate increase as recommended by Mr.
Paul Utesch. They would be happy to consider the adding of a super
channel, but would have to establish a basic rate first.
Alderman Bluhm asked Mr. Loos if a super channel could be added now.
Mr. Loos stated that for a rate of $2.50 they would add WTBS. If the,
get lower than that, it would not be feasible. Alderman Duffy
asked Mr. Loos about the existing cable that is in place and if
another company could use it in the event that another cable
company came to town. Mr. Loos stated that they would have to lay
their own cable. Mr. Loos also stated that the City could grant
additional franchises. Alderman Duffy questioned Mr. Loos on the
possibility that Westinghouse is selling Group W. Mr. Loos stated
that this was a surprise to them also, but since that time, Westing-
house had said there was a possibility of selling the cable portion
of the company. Nothing was finanlized. However, Westinghouse
did say that in the event of a sale, the Group W company would be
kept together: Alderman Duffy also asked Mr. Utesch, Finance Dir.
the question of annual percent that Group W received this year.
With the 5% that they received as a part of a court decision, how
much did they get. Mr. Utesch stated that total increase this year
amounted to 20%. Alderman Solinger stated that he would suggest
that a super channel be included if any type of increase is granted
to Group W. Alderman Solinger pointed out that the addition of a
super channel would amount to $.60 plus transmission, etc.
Solinger then moved, to grant Group W an.increase of $1.50 with the
addition of a super channel. This motion died for a lack of a secon
Having no one else present that wished to be heard, President Postie
closed the hearing. Alderman Powers stated that he received
negative comments on the cable service and is not in favor of an
increase. Alderman Duffy stated that he agreed with Alderman Powers
He stated that he voted for the increase the last time this was
requested of the Council. He stated that he is disappointed with
the service and he too has received negative comments. Alderman
Bluhm is going to vote in favor of the increase and did suggest
that Group W may have had a better chance of getting the increase
they asked for if they had approached the public explaining to them
that the increase would include a super channel. Mr. Bob Loos
stated that $2.50 increase could include a super channel if the
Council would approve that amount. President Postier called for
a motion. Fred Suhler, Jr., City Attorney stated that the Council
did not have to take action at this meeting, but should do so
within the next 2 or 3 weeks. Action is called for by the Council
90 days after Group W filed the intent to raise rates. This is
according to the Franchise. Alderman Allen stated that he is
in agreement with Alderman Powers voting in opposition to the rate
increase. Having no further discussion, Alderman Solinger moved,
Bluhm second to accept the $1.50 rate increase as suggested by the
Finance Director and include one super channel. Upon Roll call
vote, Aldermen Allen, Duffy, Powers, President Postier voted nay.
Nays (4). Aldermen Bluhm and Solinger voted aye. Ayes (2). Motion
did not carry. Solinger moved, Bluhm second to table the request
Nays (4). Ayes (2). Aldermen Solinger and Bluhm voted aye. Motion
did not carry.
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Adjourned Meeting No. 13 - September 4, 1985
Duffy moved, Powers second to deny the request of Group W to
increase the rates. Ayes (4), Nays (2). Alderman Solinger and
Bluhm voted nay. Motion carried.
A Hearing on the Petition to change the Zoning District from R-1
to B-4 at 1812 Second Street S. W. which is the former site of
Munger's Imports. Wishing to be heard was Darrell Engelhardt of
600 4th Street S. W. co-owner of the building and stated that the
zone lines go right thru the building. He urges the Council to
approve the petition. Bill Ryan, Attorney for the Petitioner
was present and stated that if the boundary would be moved 50' to
the south, the remainder of the proeprty would remain in the R-1
district. 50 feet would go to the back of the building. Wishing
to be heard was Don Brandly of 1807 3rd Street S. W. and owns
a strip of property south of Munger property He was concerned about
where the zone change would occur. He was presented a map of this
area by Planning and Zoning Dept. Wishing to be heard was Mrs.
Walter Anderson of 1815 3rd St. S. W. and is opposed to the change.
Having no one else present that wished to be heard, President Postii
closed the hearing. Bluhm moved, Duffy second to instruct the
City Attorney to prepare an Ordinance aligning the south border
of the zoning district to the back line of the former Trademart
building. Ayes (6), Nays (0).Motion carried.
Solinger moved, Bluhm second to approve the appointment of Suzanne
Greenleaf and Sara Qualey to the Committe on Urban Environment.
AYes (6), Nays (0).Motion carried.
Powers moved, Bluhm second to instruct the City Administrator
to write a letter to all area legislators indicating the City's
opposition to the proposed Pollution Control fee schedule. Ayes
(6), Nays (0).Motion carried.
Powers moved, Bluhm second to adopt Resolution No. 475-85 authorizii
the Mayor and City Clerk to execute a 10 year agreement for the auti
park concession at the Rochester Municipal Airport with Republic/
Taylor of Tennessee. This included $150,000 investment for parking
lot improvements; minority involvement and Automatic fee computer.
Ayes (6), Nays (0).Motion carried.
Duffy moved, Allen second to instruct the City Attorney to draft
an ordinance relating to the pretreatment by industrial users of thi
sewer wastes. Ayes (6), Nays (0). Motion carried.
Powers moved, Solinger second to approve the following licenses and
bonds: Request ,for a Single Dance to be held at the Union Hall
on September 14, 1985. Application received from The Mayo
Clinic Golf League for a 3.2 beer license for September 5, 1985.
Application received from Rochester Sand and Gravel, Inc. for a
Cement Sidewalk, Curb and Gutter and Driveway for a period ending
Dec. 31, 1985. .'Rep-dest,' for a temporary 3.2 beer license
received from Lourdes High School Dev. Fund for Sept. 14, 1985.
Request received from Thomas C. Behan for an Auctioneer's License
for a period ending Dec. 31, 1985.
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CITY OF ROCHESTER, MINNESOTA
AdJourned Meeting No. 13 - September 4, 1985
Request received from Leslie A. Meeker, Chatfield for an Auctioneer'
License for a period ending Dec. 31, 1985. Request received from
Larry Bielenberg and Tom Burns for an auction permit for Sept. 21,
1985 to sell hardware at the Hillcrest Hardware Store. Ayes (6),
Nays (0).Motion carried.
Powers moved, Duffy -second to approve the rgjuest of the Unification
Church for a sidewalk Permit. This is to be for a period of 60
days and will have the following restrictions: 1. Only applied to
sidewalk areas ( and not to locations where no sidewalk existed.)
2. The permit granted did nothing more than grant a privilege to
sell on the sidewalk .. it did not give the organization any
special privilege to violate any other law such as those dealing
with obstruction of vehicle traffic, pedestrial traffic, disorderly
behavior, etc. 3. The Council retained a right to revoke the permi
if violations of any other laws resulted from the exercise of the
permit which was granted. Ayes (6), Nays (0).Motion carried.
Duffy moved, Bluhm second to deny the request for a sidewalk permit
to allow pop machines and chairs on the pbulic sidewalk at 15
Fourth Avenue N. W. Wishing to be heard upon Council consent was
Vitalis Kapler of 15 Fourth Avenue N. W. He stated that these
machines had been on this location for many years. They only were
10 inches into public ROW. He stated that other areas of the City
had obstructions on the sidewalk. He urged the Council to amend
the motion. Having no further comments by the Council, vote
was taken. Ayes (6), Nays (0).Motion to deny was approved.
Solinger moved, Powers second to approve the Accounts payable
(list attached) in the amount of $894,294.94. Ayes (6), Nays (0).
Motion carried.
Allen moved, Solinger second to reject all bids submitted for the
sludge basin air controls and sludge grinder installation at the
Water Reclamation Plant. Two bids were submitted. The low bid
of Kirkof Plumbing in the amount of $46,300. was requested to be
withdrawn by the owner. He stated that an error had been made in
calculation. This left only one bidder - that of Himec, Inc. in
the amount of $57,700.00. Council decided that this should be
rebid. Ayes (6), Nays (0). Bids were rejected.
Bluhm moved, Allen second to adopt Resolution No. 476-85 authorizing
the City Clerk to advertise for bids on (5) police cars without
optional power windows. Bids to be opened at 11:00 A. M. on Sept.
25, 1985. Ayes (6), Nays (0).Motion carried.
Duffy moved, Bluhm second to adopt Resolution No. 477-85 authorizing
the City Clerk to advertise for bids on the Aluminum sulphate for
the Water Reclamation Plant. This is for a year supply. Bids to be .
opened at 11:00 A.M. on September 25, 1985. Ayes (6), Nays (0).
Motion carried.
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 4, 1985
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Bluhm moved, Duffy second to adopt Resolution No. 478-85 approving
the Personnel Policy effective September 4, 1985. This includes
all changes and additions . Ayes (6), Nays (0).Motion carried.
Allen moved, Powers second to adopt Resolution No. 479-85 approving
the establishment of a fee schedule and procedure for recording
various governmental agency documents. The Planning Department
is authorized to collect the fee from the applicant at the time
a particular application is filed for approval and designates the
City Clerk's Office to be responsible for getting any documents
recorded with the County. Ayes (6), Nays (0).Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 480-85 approv-
ing the Amended General Development Plan of the Arboretum Special
District. Ayes (6), Nays (0).Motion carried.
Bluhm moved, Solinger second to adopt Resolution No. 481-85 approvir
the setting of a hearing date of October 7, 1985 on the Petition to
vacate the 10' utility easement located along the south lot line at
1719 3rd Avenue N. E. Ayes (6), Nays (0).Motion carried.
Powers moved, Bluhm second to adopt Resolution No. 482-85 and
483-85 ordering the project to be made and setting a hearing date
to be held on October 7, 1985 on Project No. 8505 J 8919 Watermain
Trunkline Ext. from the Southwest High Level Watertower located
near the Northwest Corner of Sec. 10, T106N R 14W to the North
line SE 1/4, Sec. 4, T106N, R14W plus parallel Sanitary Sewer
through Parcel 6106. Ayes (6), Nays (0).Motion carried.
Solinger moved,Bluhm second to adopt Resolution No. 484-85 and 485-
85 ordering the project to be made and setting a hearing date to
be held on October 7, 1985 on Project No. •7804-3-85 J 8918 -San-
itary Sewer Trunkline along Salem Road and County Road No. 122 from
Green Meadows Pump Station to approx. 90 feet north of south line
of Section 4, T106N, R14W. Ayes (6), Nays (0). Motion carried.
Bluhm moved, Powers second to adopt Resolution No. 486-85 amending
hours, parking rates in the Second Street Ramp. Ayes (6), Nays
(0).Motion carried.
Solinger moved, Allen second to adopt Resolution No. 487-85 amendin<
the On -Street Loading Zones for the Mayo Clinic ( list completed
on Resolution ). Ayes (4), Nays (0).Motion carried. Alderman Duffy
and Powers abstained.
Bluhm moved, Powers second to adopt Resolution No. 488-85 amending
paragraph (1), of Section I Parking Meters C - 30 Minute Parking to
read: (1),4ast Center Street on the South side, 69 feet, more or
less, in front of the premises known as the Rochester Art Center
(3 stalls). Ayes (6)., Nays (0). Motion carried.
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 September 4, 1985
Duffy moved, Bluhm-second to adopt Resolution No. 489-85 authorizin
the City Clerk to advertise for bids on Project 7503-12-84 J 4946
Bikepath along 16th Street S. E. from llth Avenue to Bear Creek.
Bids to be opened at 11:00 A.M. September 25, 1985. Ayes (6),
Nays (0).Motion carried.
Powers moved, Bluhm second to adopt Resolution No. 490-85 awarding
the low bid of $15,709.50 to Road Constructors, Inc. for Project
6300-S-84 J 8851 - Grading-, Surfacing, Concrete Curb and Gutter
on the -East Frontage Road in the 800 Block of T.H. No. 63
South. Ayes (6), Nays (0).Motion carried.
Powers moved, Solinger second to adopt Resolution No. 491-85 approv-
ing Supplemental Agreement No. 1 J 8569 of Baihly Woodland 3rd Sub.
in the amount of $2,070.00. Ayes (6), Nays (0).Motion carried.
Allen moved, Bluhm second to adopt Resolution No. 492-85 approving
the Contract amendments between the City of Rochester and the
Rochester.City Lines for CY82 through CY85. Ayes (6), Nays (0).
Motion carried.
Allen moved, Powers second to adopt the following Resolutions of
the Public Utility Board:
Resolution No. 493-85 approving a contract agreement with Lake Area
Utility Contracting, Inc. for West River Road Duct Project. The
amount to be $29,977.30.
Resolution No. 494-85 approving Amendment No. 1 to the Unit # 4
Feedwater Heater Installation Congtract with Moorhead Machinery
and Boiler Co. the amount to be $9,093. making the total contract
to read: $63,793.00.
Resoltuion No. 495-85 approving Amendment No. 1 to' the Unit # 3
Electrostatic Precipitator Upgrade Contract with Field Services
Associates. The amount of the amendment No. 1 is $5,000.00 making
the total contract to be $420,000.00.
Ayes (6), Nays (0).Motion carried.
An Ordinance Rezoning certian property to 1374 General Business
in N orthgate First Replat was given its first reading.
An Ordinance Relating to Sewers and Pretreatment of certain Waste;
Prohibiting certain discharges therein amending the Rochester
Code of Ordinances 76.16; 76A.01 Subd. 6; 76A.03, 76A.07 was giver
its first reading.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 4, 1985
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An Ordinance Rezoning certain Property to B-4 General Business
(Munger Imports ) was given its first reading. This is located in Sec
3, T106 R14W.
Having no further business, Allen moved, Solinger second to adjourn
the meeting. Ayes (6),Nays (0).Motion carried.
Information - 9-4-85
1. Notice of Claim - Alan Hovey - Ref. City Attorney and Finance.
2. Notice of Claim - Theodore Bakken - Ref. City Attorney and Financ
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