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HomeMy WebLinkAbout03-16-19705,18 Record of *Official Proceedings of the Common Council of the City of Rochester, Minn.,- March 16, 1970 Minutes of an adjourned regular meeting of'the Common Council of the City of. Rochester, Minnesota, heldin'the tounch Chambers 'in the City Hz�ll in said City, on March 16, 1970. President DeVries called the meeting to order at 7:30*o'clock P. M., the following members being present: President DeVries, Aldermen Cherland, Folkert, Larson, Ludowese, Postier, Strain. Absent: None. ..Upon motion by Postier, second by Cherland, and all voting in favor, the minutes of the -meetings of March 2nd and March Ilth, 1970 were approved. President DeVries'stated this as being the time and place set for hearings on the following projects: Hearing on proposed assessment for Sidewalk Project #13-W-1969.. There was no one i I present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Postier, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Project #18-W-1969. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion If was made by Folkert, second by Strain, to proceed with the assessment; all voted in favor. Hearing on proposed assessment.for Sidewalk Project #20-W-1969. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain, second by Postier, to proceed with theassement; all voted in favor. Hearing on proposed assessment for Sidewalk Project #20-WA-1969. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Ludowese, second by Folkert, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Project #22-W-1969. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain,.second by Ludowese, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Replacement Project #101. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Ludowese, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Replacement Project #102-. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Strain, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Replacement Project #103. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Ludowese, second by Larson, to pfoceed.with the assessment; all voted in f avor. Hearing on proposed assessment for Sidewalk Replacement Project #104. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Ludowese, to proceed with the assessment; all voted in ID I I 9 I f avor. 0 Record of Official Proceedings of the-ld'61nn'Yoh"Council March 16' 1970 of the City of Rochester, Minn., — r .1 al-0 I E I I Hearing on proposed assessment for construction of sidewa . lk...on the North sideof�,i 22nd Street N. . W. from 18�*Venue N. W. to 21st Avenue-N. W. (Sidewalk Project 5821-225-1969)�,.. There was no one Present wishing -to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain, second by Folkert, to proceed with the it assessment; all voted in favor. Hearing on proposed assessment for Sidewalk Replacement Project for Folwell- Edison School Area Part II. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was -made by Folkert, second by Ludowese, to'proceed with the assessment; all 1�oted'in favor. Hearing on widening, repaving, sidewalk, sewer, water main, and service connections in 2nd Street S. W. from T. H. 14-52 to 23rd Avenue S. W. (job 6202-3-69). C. A.'!, Armstrofig, City Engineer, outlined the pr&ject as to construction, costs and assessments, hei! it estimated the assessments for properties at $36.50 per front foot plus actuAl cost,for ii driveway approach at $6.00 per foot of width, plus actual cost of service connections at $150-250 per installation. Mr. Ray Ahrens of 207 5th Avenue S.W. inquired if any additional right-of-way would be taken and Mr. Armstrong said no additional right-of-way would be taken on 2nd Street but would have to take some for the offtake ditch north of the West Zumbro Addition. Mrs. Gerald Holmes of 9-19th Avenue N. W. inquired if any construction I was going to be done on 19th Avenue and Mr. Armstrong said there will be no improvement in the avenue north of 2nd Street but the trunk line sewer'will run down 19th Avenue to the creek and that will make it possible to grade the street but no construction in West Zumbro is planned at this time. There was no one else present wishing to be heard. President DeVries declardd the'hedring officially closed. A mot16n wad rfiadd by Larson, second by Strain, to proceed with the ptoject; all voted in favor. Hearing on prdposed ordindncd amending the Charter of the City of'R6chester entitldd "An Ordinance relating to the Rochester C6mmon Council administration of City government, adoption of ordinances, and levying of property taxes; amending the Charter of the City by amending Sections Wand 107; repealing Sections 114 through 122and adding a new section 165. Mr. Ray Ahrens of 207 5th Avende S.W. inquired as to what was included in these amendments. Mr. Gerald Swanson, City.Attoriney, read the proposed ordinance and explained the contents. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Cherland, instructing the City Attorney to prepare and present the necessary ordinance; all - voted in favor. Hearing on the approval of the final plat of Replat'of Lots 1, 2, 3 and 4, Block 2, Indian Heights Third Subdivision. There was no one present wishing to be heard. President-DeVries declared the hearing officially closed. A niotion was made by Postier, second by Strain, instructing the City Attorney to prepare a resolution approving the said plat; all voted in favor. 0 r'.5,2.0 Record of Officidl Proceedings of the - Corn, mon Council of the City of Rochester, Minn., March 16, 1970 0 Hearing on appeal of Donald Dickman concerning the parking of vehicles and trailers on the property located on the Northwest corner of 3rd Street S. W. and 19th Avenue S. W. Mr. George Pou&iales, Attorney, was present in behalf of the petitioner Mr. Don Dickman who owns and does business as Suburban Motors; he said this property had been used for many years as non -conforming, the property was commercial in the County and when a new zoning ordinance was adopted in 1965 was continued as non -conforming; he said the City oninance provides when a parcel is annexed its established use can be continued if it is rezoned to another classification which would otherwise outlaw that existing use, he said they felt the history of the property makes it a legitimate non -conforming use.. Mr. Don Dickman said this property had always been used for storage of cars, he said things were taken in on trace and stored here but he certainly did not think it could be classed as a junk yard; many times children came and opened the hoods and doors of the parked cars but other than that they were in fairly good shape. Mr. Harold Gunderson and Mr. Clarence Gunderson,, employees at Suburban Motors, also said this property had been used for the same purpose for many years. Mr. Georfe Kerr, Attorney representing the property owners in this area, said he did not.feel this was a valid use, at the time it was annexed it was commercial in the County and came in as R-1, and his clients felt it was in error to let it continue as non -conforming on the basis that the Ordinance provides "that no building, structure or premises where a non -conforming use has been discont-inued for a period of 24 months or more shall again be put to a non -conforming use" and this does riot have the same use it did two years ago; he said this was certified as s junk yard by the Health Department and all of their letters had failed to do away with the outside privy; his clients felt the value of their property would go down if this continues and felt the alleged use had expired. Mr. Vince Dingfelder of 302 19th Ave. S.W.; Mr. Donald Brandley of 1807 3rd St. S.W; Mr. Walter Anderson of 1815 3rd Street S.W. ; Mr. Walter Royce of 228 19th Ave. S.W. ; Mr. Merrit Patterson of 1908 3rd Street S.W.; Mrs. Clara StO22el of 217 19th Ave. S.W.; and Mrs. Walter Roy_ce of 228 19th Ave. were each heard in opposition to this use. Mr. Warren Randall of 2128 2nd Street S. W., said he had lived at this address since 1930 and this property had always been used for storage of farm machinery and cars. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. Mr. Gerald Swanson, City Attorney said the question before the Council is what was the use being made of the property when the zoning ordinance was adopted in 1965; he said he understood the property was being used to some extenst for the storage of inoperative cars, how many is not known, he did not know if he had a permit to store cars and had not checked the Township Zoning Ordinance to see if this was a valid use under the Township ordinance; if the Council decides that a non -conforming use existed on the property and it should continue there is another question, is any fencing required, if the Council should decide it is permissable to store cars, the zoning ordinance should be checked to see if this property should be fenced; Mr. Swanson suggested that the Council defer action to give him a change to check the question of the legality of the use. A motion was made by Larson, second Strain, that action on this be tabled�until the next meeting, to give the City Attorney a 0 I I 0 'ihe Coifi` n Council Record of Official Proceedings of Ino "6i'&-'dity of Roches'ter','Minn., March 16, 1970, 521 0 I I 0 I change to check the question of the legality of the use, and bring back a recommendation to the Common Council on April 6th, 1970 at 7:30 P. M.; all voted in favor. A letter.from the Mayor's Parking.and Traffic Committee in support of the North South Thoroughfare Plan and alternates A-3 and B-2 was read and upon motion by Cherland., second by Larson, and all.voting in favor, the letter was referred to the Public Works Committee. A letter from the Mayor's Parking and Traffic Committee recommending various additions to the truck routes was read and upon motion by Ludowese, second by Cherland, and'i all voting in favor, the letter was referred to the Public Safety Committee.. . A letter from Willard Holkestad, Manager of Rochester Orthopedic Appliances, regarding a loading zone for wheel chair patients on the Ist Street entrance to their shop,�, was read and upon motion.by.Cherland, second by Strain, and all voting in favor, the letter was.referred-to the Public Safety Committee. A letter from Ruben Lindley of 604 Elton Hills Drive NW submitting comments on the building and housing codes of the city was read and upon,motion by Postier, second by Cherland, and all voting in favor, the letter,was referred to the Public Works Committee. The recommendation of the Personnel Advisory Committee that (1) increase the number of tree trimmerli from I to 2 and (2) decrease the number of tree trimmerls from 3 tc 2. as requested by the Park Board, be approved was read and.upon.motion by Postier, second by Cherland, and all.voting in favor, the recommendation was approved. Two resolutions adopted by the Public Utility Board (1) requesting authorizat to enter into a contract with Pfeifer and Shultz, Engineers for engineering services for the construction of a 115 KV line and (2) request ing that.the Mayor and City Clerk be authorized to *execute the release and indemnifying agreement between the City, General Electric Company and Federal Insurance Company relative to.the contract for Turbine Generator Unit, were each read and upon motion by Cherland, second by Folkert, and all voting in favor, the resolutions were approved. The following petitions and applications were each read and upon motion by Postier, second.by Cherland, and all voting in favor, the same were referred to the Planni and Zoning Commission: 1. Objection of Marion Town Board to petition for annexation of Marion Township property No.*70-1. 2. petition of George Baihly to annex 14.35 acres in Section 10-106L14. 3,� application for preliminary plat approveal of Replat of Lots 5,6 ' 7,8, Block 6, Sunrise Estates First. 4. petition of Quadvestors for change of zoning on part of Lot 3 and all of Lot 4, Block 18, Gaolden Hill from R-1 to M-1 District. 5. petition of Holm & Olson fof change of zoning on part of land occupied with greenhouse from R-1 to R-3 District. 5. application of George Baihly to amend City's Land Use Plan to designate area bounded by County Road #8, T.H. 52 and Zumbro River to High Density and commercial use. 7. petition of Dale Lehnertz for change of zoning on property at 1533 - 2nd Ave.'N.E. from R-3 to B-la. I Upon motion by Strain, second by Cherland, and all voting in favor, the meeting was recessed at 3:15 P. M. The meeting was called to order again at 3:30 P. M. with all E) members being present. r522 Record of Official Proceedings of the Cornmon Council of the City of Rochester, Minn.,- March 16, 1 - 970 0 The recommendation oftthe Finance Committee that the Mayor and Common Council make a request to the Olmsted County Board -of Commissioners to upgrade the present computer equipment to a disk operated system was read. Upon motion. by Folkert, second by Cherland, and all voting in favor, the recommendation wasapproved. The recommendation of the Finance Committee that the bid of Hall Equipment Co. for furnishing a striping machine ($8,915.00) be accepted was read. Upon motion.by Cherland, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that the passenger loading zone on 4th Ave. S.W. on the east side of the street between lst and 2nd Street, for 25 feet more or less, in front of the building known as the Calvary Episcopal Church be repealed, was read. Upon motion by Cherland., second by Strain, and all voting in favor, the recommendation was approved and the City Attorney instructed to.preparethe necessary resolution. The recommendation of the Public Safety Committee that Section B, No Parking Zones be amended by adding "3rd Ave. S.W. on the east side of the street from 6th to 5th St. S.W. between the hours of 8:00-a.m. and 12:00 noon on Sundays only" was read and upon motion by Ludowese, second by.Folkert, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary res6-1htion. The recommendation of the Public Safety Committee that Section B, No Parking Zones, Subsection 46, "Second St. N.W. on the south side of the street from Broadway to the alley one- half block west of Broadway between the hours of 4:00 p.m. and 6:00 p.m. every day except Sunday" be rescinded in its, entirety, was read. Upon motion by Strain, second by Cherland, and all Voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that Section D, Truck Loading Zones, Subsection 25 114th St. S.W. on the north side of the street between lst and 2nd Avenue 25 feet more or less, immediately west of the alley" be rescinded in its entirety, was read. Upon motion by Cherland, second by Postier,.and all voting in.favor, the recommendation was approved and the City Attorney was instructed to prepare thenecessary resolution. The recommendation of the Public Safety Committee that Section E, Passenger loading Zones, Subsection 76 "4th Ave. S.W. on the west side of the street between West Center and Ist Street S.W., 50 feet more or lres in front of the St. John's Catholic Church" be amended by adding"'for a period not to exceed tfiree minutes" was read and upon motion b� Strain, second by Cherland, and all votingin favor, the ricommendation was approved and the City Attorney was instructed to pr6pare the necessary resolution. The recommendation of thi Public Safety Committee that a new category of loading zone be established "that no person shill park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or commodiftes in.any space established by the Common Council as a loading zone, as signed or marked during the hours when the rggulations applicable to such zone are effective, in no case shall the stop for �7 I '10 I loading or unloading passengers or commodities in such zones exceed fifteen minutes" was read LI Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 16, 1970 523 0 I I 0 I and upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution., The recommendation of the Public Safety Committee that flashing lights be installed in advance of the crosswalk instead of traffic signals at Elton Hills Drive for -school children crossing to Herbert Hoover School and that no stopping standing or parking be allowed on the south side of Elton Hills Drive for approximately 50 feet more or less east -of -the crosswalk, was read and upon motion by Cherland, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepar the necessary resolution. The recommendation of the Public Safety Committee that -a resolution be pre requesting the -Minnesota Highway Department to make a speed study on 37th Street N.W. between 18th Avenue N.W. and U.S. Highway #52 was read and I upon motion by Folkert, second Ludowese, and all voting in favor, the recommendation -was approved and the City Attorney instructed to prepare the resolution. The recommendation of the Public Works Committee that the recommendation of thel Planning & Zoning Board in respect to the placement of two temporary signs (on March 2nd agenda) be approved and that the Planning & Zoning Board review the practicality of the conditions imposed, was read. Upon motion by Folkert, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee stating that they had cons the objection of Wayne Stillman to the proposed assessment for sidewalk construction abutt Lot 5, Block 7, East Rochester Addition at 514 7th Avenue S.-E. and were advised by the City Engineers,Department that the sidewalk is constructed to the established sidewalk grade and assessed -for the proper cost;.the matter of steepness of grade from the street gutter line to the sidewalk, if it is found to be a problem will be corrected by the Maintenance Department and they do not see that this is a matter that should defer action on the sidewall Was read,. A motion was made by Strain, second by Ludowese, that the -recommendation be approved but the following be deleted therefrom"if it is found to be a problem will be corrected by the Maintenance Department"; all voted in favor. The recommendation of the Finance Committee that payment be made to First National Bank of Minneapolis and Elizabeth G. Lowry, Trustees of the Christopher Graham Trust in the amount of $1,835.40 for the use of land prior to the City adopting the Commission's report on the condemnation of this property, was read. Upon motion by Larson, second by -Strain, and all voting in -favor, the recommendation was approved and payment ordered. The recommendation of the Planning & Zoning re proposed subdivision ordinance was again presented. Upon motion by Larson, second -by Postier, and all voting in favor, the same was -tabled. The applications for renewal of "on sale" intoxicating liquor licenses of 9J JL Record of Official Proceedings of the Common Council of the City of Rochester, Minn., march 16, 1970 0 Skyways of Rochester, Inc.; Hotel Carlton; Depot House, Inc.; The Town House of Rochester, Inc.; Tropic Lounge, Inc.; The Kahler Corporation; Hollywood Bar, Inc.; Broadway Restaurants, Inc.; Michaels Supper Club, Inc.; Louie's Bar; G & A Grubb, Inc.; Sheroc Corporation; Warrior of Rochester Co.; Roxy Bar; Sonor Hotel Corporation and the Bank Saloon and the club licenses of Fraternal order of Eagles #2228; B.P.O.E. Lodge No. 1091, Inc.; AFL-CIO Union Club, Inc.; American Legion Club Post #92; Whitlock Sonnenberg Post #1215 and Loyal order of Moose, Lodge #2128 were each read together with their surety bonds each in the amount of $3,000.00. Upon motion by Larson, second by Postier,.and all voting in favor, the licenses were,approved and the bonds accepted, subject to approval of the State Liquor Control Commissioner. A motion was made by Folkert, second by Postier, and passed unanimously, that the semi-monthly bills.in the amount of $320,062.35 (list attached) be approved. A motion was made by Folkert, second by Larson,, that the following resolutions be adopted in block; all voted in favor. A motion was then made by Larson, second by Folkert, that the said resolutions be adopted as read and all Moting in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution authorizing Mayor and City Clerk to execute the release and indemnifying agreement between the City, General Electric Company and Federal Insurance Company (turbine generator). Resolution authorizing Public Utility Aoard to enter into contract with Pfeifer and Shultz, Engineers for engineering services.for Silver Lake Switching Station. Resolution adopting assessment foll for Sidewalk Project #13-W-1969. Resolution adORting assessment roll for Sidewalk Project #18-W-1969. Resolution adopting assessment roll for Sidewalk Project #20-W-1969. Resolution adopting assessment roll for Sidewalk Project #20-WA-1969. Resolution adopting assessment roll for Sidewalk Project #22-W-1969. Resolution adopting assessment roll for sidewalk replacement -Project #101-1969. Resolution adopting assessment roll for sidewalk replacement-Project.#102-1969. Resolution adopting assessment roll for sidewalk replacement -Project #103-1969. Resolution adopting assessment roll for sidewalk replacement -Project #104-1969. Resolution adopting assessment roll for sidewalk construction on north side of 22nd Street N.W. from 18k Avenue to 21stAvenue N.W. Resolution adopting assessment roll for sidewalk replacement project - Folwell Edison School Area Part.II. Resolution adopting assessment roll for Sidewalk Project #SA-E-1969. Resolution accepting plat to be known and designated as Replat of Lots 1,2,3,4, Block 2, Indian Heights Third Subdivision. Resolution granting public dance permit to Fire Relief Association. Resolution referring improvement for determination of adequacy of petition, feasibility report and recommendation for construction of sidewalks on the northerly side of I 0 I I 0 I I 9 Record of Official Proceedings of the"Comm6ni Council of the City of Rochester, Minn., March 16, 1970 I 0 I I is I 13th Avenue N. W. from 14th Street N. W. to 16th Avenue N. W. Resolution authorizing Mayor and City Clerk to execute maintenance agreement between County of Olmsted and City of Rochester. The recommendation of the Public Works Committee (signed by Larson and Strain) that Alternates A-3 and B-1 of the North -.South Thoroughfare Report thru the Central Business District submitted January 23, 1970 be approved and adopted into the Thoroughfare Plan for the City of Rochester, was read. Also a letter from the RochesterArea Chamber of Commerce was read. Undef-,.-z-this1,.:new plan Broadway would be one-way south from the Silver Lake Bridge to 6th Street NW -Ng where traffic would be diverted to lst A enue NW -SW and northbound traffic would leave South Broadway at a point just north of 6th Street.and proceed on a lst Avenue SE -NE alignment to Silver Lake (the previous plan terminated at 6th Street and North Broadway). Mr. Stanley Guth, Fullerton Lumber Company, said they had been watching this part of Ist Avenue Southeast segment because it goes right through their yard, they were planning on some-- construction and remodeling in that area and would like to know what was being done before they started. Mr. Kenneth Umbehocker of the Chamber of Commerce6i I outlined some of their thinking on this. Alderman Postier said he did not know anything about this change and would like to have lit referred back to the Council as a full committee for further study. After further discussion, a motion was made by Strain, second by Cherland, that this be referred to the Council as a committee of the whole, they to meet with the Planning dnd Zoning Commission in the Summit Building on March 25, 1970 at 7:30 P. M. to give this further study; all voted in favor. The following recommendation of the Public Works Committee was read: "We, the undersigned, recommend that the petition to annex a stdp of land lying along U.S. 63 south of the City be submitted to the Municipal Commission with the City's approval. We recognize and have considered the following facts in our deliberation: 1. This annexation map does not appear to be an orderly growth itself, but it is intended to be the core for continued annexation and growth into a compact and manageable area. 2. The extension of utilities and other Municipal services will be necessary as this area develops, namely, Police, Fire, Water, Sewer, Maintenance, Recreation, Planning, and general administration. 3. Present private wells are sufficient for the present limited domestic water requirements, but not for fire protection. 4. Annexation of the area will proiride an opportunity to guide development under City standards, to prevent further pollution problems in the area, and alleviate problems that already exist. 5. If the City of Rochester fails to provide the necessary public utilities and services, they will be provided by alternate means. 6. The petitioners' offer to accept assessments against the property in the annexation area.for the total cost of the initial trunk line sewer proposed in the sewer report of Wallace-Holland-Kastler and Schmitz is an essential factor.in the City'a acceptance for annexation. Proper verification and assurance of the committment must be made prior to annexation. We also hold the following opinions to favor annexation: 1. Many Cities have their corporate limits far beyond the presently populated area, with urban services not provided nor available for many years. 2. Recent trends in commerce indicate a strong polarization toward airports. 3. Rochester can dervie great benefit from the completion of Interstate 90, if we move now to make availab&e the services that private enterprises need to serve the traveling public. If we do not, they will continue on to other cities. 4. This proposed annexation in no way precludes development in other direct! 5. The Municipal Commission has the authority and option to alter the annexation area in anyway it sees fit and proper. is P­ 52.6 Record of Official Proceedings of th'e""Co�nirioA Council of the City'61 * Ro'c'hester, Minn.,-"- -�akc'h � 163, 19 . 70 Mr. William Poblete, Health Engineer, stated -that the Health Board had recommended to the State Pollutip,rk,jContrql_ Agency that a, permit for., -a lgaoon for,. Skelly. Oil Company on Highway, #63,, be denied and that a permit for a private disposal system north of town had been rejected; he said the problem at the airport had to be solved and if the Health Board -is consistent, the City faces denial of the lagoon at the airport. -Mayor Day said the engineer had.said that a lagoon would work at the airport and the Health Board had also said it would work; he said he did not think the City could afford this annexation, there were many things that would be very expensive that had not been provided for in the budget. Mr. G. Ring, Attorney was again present and urged that the Council recommend approval of this annexation. Mrs. John Beeston of 109 33rd Street S. W. said they were waiting for sewer service, she said they lived on a dead end street that has 54 homes but at the present time they were the only ones with a sewer problem. A'motion was made by Larson, second by Ludowese, that the recommendation of the Public Works Committee be accepted and the City Attorney was instructed to prepare a resolution informing the Municipal Commission that the City favors this annexation; all voted in favor of the motion except Aldermen Cherland and Postier,-who voted "nay". A letter requesting that the City Council institute immediate action to extend City sewer to the area lying in Marion Township which involves the Parkside Trailer Court, the Parkside Shopping Center and the Turkey farm, was read. Upon motion by Larson, second by Folkert, and all voting in favor, the letter was referred to the Public Works Committee. Resolution requesting the Public Service Commission to initiate proceddings in response to this resolution to authorize the establishement of a grade crossing over the . Chicago and Northwestern Railway Company tracks at the intersection with 9th Street Southeast extended between 3rd Avenue Southeast and South Broadway and to authorize the abandonment of the grade crossing of 9� Street Southeast over the Chicago and Northwestern Railway Company tracks and to determine all matters relative to said grade crossing and abandonment of grade crossing, including the sharing of the -cost of the construction and possible installation of signals between the City of Rochester, Chicago and Northwestern Railway Company and State of Minnesota. Upon motion by Larson, second by Ludowese, and all voting in favor except President DeVries who voted"nay", resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to sign on behalf of the City an agreement with the State of Minnesota for an analysis of inventory results and preparation of improvements plan under the TOPICS program. Upon motion by Postier, second by Ludowese, and -all voting in favor, resolution adopted. Resolution removing Northridge First Subdivision from the Rural Service District effective for taxes due and payable in-1970. Upon motion by Folkert, second by Larson, and all voting in favor, resolution adopted. Resolution that the Rochester Committee on Urban Environment -act as an advisory committee to the Planning and Zoning Commission and that all city departments notify the Planning & Zoning Commission of all impending activities and changes that may affect the degign, color and placement of city owned property and that the Planning and Zoning Commission advise I I 0 9 Record of Official Proceedings of th6` Common, Council of the City of Rochester, Minn.,- March 16,. 1970 527 40 I I I 0 I -the Rochester Committee on Urban Environment of any such impending activities. Upon motion by Folkert, second by-Ludowese, and all voting in favor, resolution adopted. Resolution amending the Parking resolution as follows: Section B, No Parking -Zones, Paragraphs.(40), (194) and �201.5) are amended in their entireties to read as follows: (40) First Avenue Southeast on the east side of the street from the entrance to Municipal Parking Lot No. 3 to Second Street at all times. (194) 13th Street Northwest on both sides of the street from Broadway to Third Avenue Northwest between the hours of 7:00 a.m. and 9:00 a.m. on school days only. - (201.5) 14th Street Northwest on -the -north side of the street from Third Avenue -Northwest to llth-Avenue Northwest between the hours of 7:00 a.m. and 9:00 a.im. on school days only. Upon motion by Folkert, second by Ludowese, and all voting in favor, the above resolution was adopted. An Ordinance relating to the Rochester Common Council, Administration of City Government, Adoption of Ordinances, and levying of property taxes; amending the Charter of the City of Rochester: amending Sections 98 and 107, repealing Sections 114 through 122, and adding a new section 165, was given its first reading. Upon motion by Larson, second by Postier, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. A motion was made by Postier, second by Cherland, that the rules be suspended and the ordinance be given its third and final reading, upon roll call -Alderman Strain voted "nay". Upon motion by-Postieri-second by Ludowesei and all voting in favor, the meeting was adjourned. City Clerk 0