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HomeMy WebLinkAbout09-09-1970644 Record of Official Proceedings of the- Cornihon Council of the City of Rochester, Minn., September 9, 1970 Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on September 9, 1970. President Postier called the meeting to order at 2:00 o'clock P. M., the following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. Upon motion by Willmarth, second by Strain, and all voting in favor, the minutes of the meetings of August 17 and 24, 1970 were approved. Upon motion by Strain, second by Ludowese, and all voting in favor, the following appointments to the Committee on Urban Environment were approved; by the Mayor and President of the Council - Mrs. John R. Hill of 916 loth St. S.W. and Robert E. Richmondof 1416 14th Avenue N. E. as members from the Public at Large and Dr. David L. Hoffman of 831 19k Street S. W. as member at large representing the Park Board; appointed by the Councilmen fromtheir wards - Glenn E..Miller of 1102 7th Avenue S. W. from the Second Ward, James Powers of 1416 Berkman Court from the Fourth Ward and David A. Grimsrud of 1507 22nd Street N. W. from the Sixth Ward; each term is for two years and expires on September 1, 1972. Upon motion by Larson, second by Cherland, and all voting in favor, the appointment by Mayor Day of Craig E. Thatcher of Byron, Minnesota as patrolman in the Rochester Police Department was approved; Mr. Thatcher was the only candidate on the eligibility roster as submitted by the Police Civil Service Commission. Upon motion by Strain, second by Cherland, and all voting in favor, the following appointments by Mayor Day as school crossing guards for the 1970-1971 school term were approved: Name Address Guard Location Mrs. Agnes Vagt 1137 - 7th Avenue S.E. 8th Ave. & 12th St. S. E. Mrs. Mary Winkles 124 13th Avenue S. E. 13th Ave and 4th St. S.E. Mrs. Carmen Odegarden 1118 1st Street N. E. 9th Street & North Broadway Mrs. Carol Wegman 933 13th Avenue N.E. 9th Avenue & 14hh Street N.E. Mrs. Marjorie Hentges 800 Memorial Parkway 6th Street & 7th Avenue S.W. Miss Mary McElligott 538 14th Avenue S.W. 14th Ave. & 6th Street S.W. Mrs. Donna Jorgenson 835 5th Street N.W. West Frontage Road & 6th St. S.W. Mrs. Vearl Bundy 309 19th Ave. S.W. llth Ave & West Center Street Mrs. Mildred McGuire 1314 2nd Avenue N.W. 2nd Avenue & 13th St. N.W. Mrs. Marilyn Lundquist 1512 3rd St. N.E. 14th Street & 8th Avenue N.W. Mrs. Josephine Cassel 621 3rd Street N.W. 14th Street & 13th Avenue N.W. Mrs. Joyce Maloy 3808 19th Avenue N.W. llth Avenue and 16th Avenue N.W. Mrs. Donna Cords 1866 19th Street N.W. 19th Street & 19th Avenue N.W. Mrs. Georgia Nelson 1127 Elton Hills Dr. Elton Hills Drive & 14th Ave. N.W. Mrs. Ruth Pater 814 1st Avenue N.E. Herbert Hoover,Elton Hills Drive �k369 Mrs. Gearlda Kimball 6 19th Ave. S.W. 19th Avenue & 2nd Street S.W. Mrs. Beverly Ryan 1509 - 9th Street N.W. Substitute Guard Mrs. Joan Kujath 1208 4th Avenue S.W. Substitute Guard i Request of Rochester Symphony Guild for permission to conduct the following I, activities in order to publicize the beginning of the Rochester Civic Music Season (1) �i Installation of a banner across 2nd Street S.W. at Broadway from September 28th to October 12th (2) permission for the "Turkey River All Stars" to stop and play at several downtown r areas for the purpose of advertising and (3) permission for space in the downtown area for one of the local high school bands to perform on Thursday evening, October 8, 1970. Upon motion by Willmarth, second by Cherland, and all voting in favor, the requests as listed were approved. • I 1 0 1 Record of Official Proceedings .of the Common Council 6 ` 5 of the City of Rochester, Minn., September 9, 1970 • 1 0 1 Bids for extension of sanitary sewer and water main to Lot 20 in Allendale Subdivision were opened at 11:45 A. M. The bids of Littrup Nielson, Inc. in the amount of $6,338.00 acid Fraser Company, Inc. in the amount of $6,640.24 were received and opened; the City Engineer's preliminary estimate was $10,07.1.50 A motion was made by Willmarth, secon by Cherland, that the bids be accepted. The City Engineer said there was still the matter o getting a couple of easements signed and did not know if the bids should'be awarded before they were signed.. Upon motion by Larson, second by Ludowese, and all voting in favor, the matter was tabled until an opinion was received from the City Attorney. Upon motion by Strain, second by Cherland, and all voting in favor, the request li of Ervin Hodge of 710 East.Center for permission to move a small garage from 1236 5th Avenuell fS. E. to 710 East Center Street was approved; routing to be approved by Police Department. ,. Upon motion by Ludowese, second by Larson, and all voting in favor, the contract bond of Phil Ryan in the amount of $3,163.75 with United States Fidelity and Guaranty Company as surety was approved. Upon motion by Ludowese,'second by Strain, and all voting in favor, the matter of awarding bid for extension of sanitary sewer and water main to Lot 20 in Allendale Subdivision was taken off the table. The City Attorney said that the bid could be awarded at this time but the contract could be held up until the easements were property signed. A motion was then made by Ludowese, second by McNary, that a resolution be approved awarding the bid for extension of sanitary sewer and water main to Lot 20 in Allendale Subdivision to the low bidder Littrup Nielson, Inc. in the amount of $6,338.00 (the contract to be -held until the easements are.signed);.all voted in favor. Recommendation of -Public Works Committee that bids be advertised for Part I of Elevated Tank and Trunk Mains for the High Level District in Ek Section 27 and W'k Section 26 of the Northwest Service Area(12k Trunk Main in 19th Street and Terrace Wood Drive Northwest) Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was accepted and a resolution ordering the said bids was adopted. Recommendation that bids be readvertised for extension of sanitary sewer in 3rd Avenue S. E. from .12th Street S. E. to 13th Street S. E. to serve, Libby McNeil -Libby Plant 11 (bidding scheduled for September 9th was postponed because of delay in planning and arranging for ditching across 12th St. S.E.) Upon motion by Larson, second by Willmarth, and all it voting,in favor,.the recommendation was accepted and a resolution readvertising for bids to be opened on October 5, 1970 was adopted. Request of Engineering (Traffic) that a resolution be adopted authorizing the ,Mayor and City Clerk to sign the agreement for the Inventory of the Stage II TOPICS Area. ,Upon motion by Willmarth, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. ,Request of Engineering (Traffic) that a resolution be adopted prohibiting parking at all times on both sides of 18th Avenue N.W. between a point 350 feet more or less south • I of 31st Street N. W. to 33rd Street N.W., this is required to provide a left turn storage lane at the entrance to the John Adams Junior High School. Upon motion by Willmarth, second - Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 9, 1970 • by Cherland, and all voting in favor, the request was.'approved and the City Attorney was instructed to prepare the necessary resolution. Request of Engineering (Traffic) that a resolution.be adopted prohbiting,parking at =all times on the west side of 13k Avenue,S. E. between 2nd and :3k Street S. E. Upon motion by Willmarth, second by Larson, and all voting in favor, the request was referred back to the Public Safety Committee for further study. Upon motion by Strain, second by Willmarth, and-all.'voting in favor, the following item, not listed on the agenda, was considered:. Mr. George.Holter of.the'Rochester Bus Lines was present in regard to installing benches at bus stops,.he'presented a model bench and said there would be a bus schedule and various advertising on each one.: Alderman Larson said that he preferred to see benches without advertising and would like to see if any group would come -forth with such a suggestion or some organization whereby this.might be accomplished. Mr. R. Houck salesman of the benches said they were not opposed -to someone donating money but felt that a certain percentage of the income from the advertising should be given to the Bus Company as part of their income, they'riow received money from advertising on the buses and used it toward the operating expense;, he said they'understood they have to have a special permit to put benches in the residential areas and requested this permit.' The City Attorney said the proposal would involve the question of whether or not this is affected by the City Zoning Ordinance, although these benches will be located on the City's right -of way some -might be lcoated in the residential area and our Zoning Ordinance is rather restrictive as to.what size can be used in residential areas. A motion was made by,Larson, second by Willmarth, that this -be tabled until the meeting lion September 21, 1970 and in the meantime the Planning Director and the City Attorney resolve �i {the zoning and sign -question; all voted in favor. i� Recommendation of Engineer (Traffic) that the Counciladopt a resolution amending ,Subsection (14) of Section C of the Master Parking Resolution to read :'Seventh Street Northeast 'on the north side of the street 40 feet more or less immediately west of Silver Lake Drive for 'postal patrons only"; this is recommended because of the inconvenience to drive -up to the mail ,box, moving it to the west sould put it adjacent to park property where parking is not so critical. Mr. Jack Dolan, Traffic Engineer, said that he -had talked to Mr. Stanley -Drips the ,Postmaster and Mr. Drips had said that he did not think this was a problem and if it was moved they would take it out. Upon motion by Larson,.second by Strain, and all voting in favor, the matter was referred back to the Public Safety Committee for their next meeting and Mr. Drips be invited to attend this meeting. Recommendation of Public Works Committee that a -resolution approving the petition and ordering a local improvement project for -"concrete sidewalk on the.east side of 1'lth Avenue N. E. abutting Lots 5,6 and 7 Duville 2nd Subdivision and Lots 6,7,8,and 9. Sawinski's.1st.Addition". Upon motion by Larson, second by Cherland, and all voting in favor, -the recommendation was accepted and the City Attorney was instructed to prepare.the necessary resolution. Recommendation of Public Works Committee that no portion of the project -for sewer and • r 0 1 Record .of Official Proceedings of the Common Council 647 of the City of 'Rochester, Minn., September 9, 1970 • 1 0 0 i; water'extensian to Hutchins Replat be financed as a local improvement project with public funds but be contracted by the owner at his own expense, Upon motion by Willmarth, second by Ludowese, and all voting in favor, the recommendation was accepted and the project was abandoned (owner will have to make a request to 'contract the work as his own expense). The following recommendation of the Public Works Committee was read and President Postier ordered the same placed on file: "At the hearing of August 17 on the above project (water tower for high level district of N.W. Service Area - Hillview Resubdivision Lots 1, 2, 3) Mr. Milton Rosenblad, 1108 20th Street N.W. inquired -in behalf of himself and other owners of Lots 1,2 and 3 of Hillview Resubdivision about possible assessment to these lots on account of the proposed water tower project. He objected to assessments to these lots because they had installed pressure pumps when the houses were built, and because Mr. Sauer, the builder, had told them they would not be assessed when a high level water tower was built. The City Engineer has checked the record files and finds no statement to this effect. There isa letter from Mr. Sauer in respect to these three lots which is attached. In the contract between the City and Mr. Sauer who was the onwer- contractor for the sewer and water installations that serve these lots, paragraph (8) states "nothing in this contract is to be construed as exempting or releasing Replat of Outlots 1 and 2, also known as Hillview Resubdivision from special assessments which may be levied in the future in connection with other local improvement projects of benefit thereto". Altho it is not intended to levy special assessments initially against I these lots in the proposed high level project, there is no reason that they 1I would not be assessed if and when they are connected onto and benefitted by this system." Recommendation of Public Works Committee that the contract for storm sewer i construction in Northern Hills Drive in,Northern Hills First Subdivision.be awarded to. Riverside Sand & Gravel in the amount of $34,466.30 upon completion of a.contract agreement f, with the proprietors for them to make payment of the amount of the benefits allocated to Northern Hills First -Subdivision upon completion of the work. Upon motion by Cherland, second by Willmarth, and all voting in favor, the recommendation was accepted and a resolution awarding the bid was adopted. Upon motion by Larson, second by Strain, and all voting in favor, two resolutions approving and accepting.assignment of additionalLcollateral for the Rochester State Bank and the Northwestern National Bank were adopted. Recommendation of Planning Department that the application to rent trucks and trailers at 1005 North Broadway be approved. Upon motion by Strain, second.by Larson, and' all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution granting permission for the rental of trucks and trailers only, that a six foot fence be erected along the alley side of this property and that.a bumper be erected five feet from the fence. Recommendation of Planning Department that the application for approval of the preliminary plat of North Star Subdivision be granted approval (some comment has been made; by the Minnesota Highway Department concerning the desirability of closing the one private access onto U.S. 63 as shown on this plat and also the possibility of needing additional right-of-way to widen the highway, because no specific, -recommendation was made by the Highway Department they recommend approval). A motion was made 'by Ludowese, second by Larson, and all voting in favor, that the recommendation be accepted and the preliminary 1� Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., I September 9, 1970 • plat be approved subject to that there could be no filling of the drainage easement. j Mr. Joe Weis one of the interested parties in the plat of North Star Subdivision was present. A motion was made by Larson, second by Strain, to reconsider the action taken on 1 'f the said plat; all voted in favor. Mr. Weis stated that he planned to build an apartment building on the one end of the plat, he said in 1967 this plat was -presented and at that i time this matter of access came up and the Highway Department did not make any definite i commitments against it, he said they may never use this access but once it is taken away it is hard to get back. Mr. Armstrong, City Engineer, showed a plan that the Highway Department had just submitted --for the improvement of T. H. 63 North which did not show this access. i� Upon motion by Ludowese, second by Larson, and all voting in favor, this matter was tabled until this evening. A motion was made by Strain, second by McNary, and passed unanimously, that the semi-monthly bills in the amount of $214,558.92, list attached, be approved. Upon motion by Willmarth, second by, Larson, and all voting in favor, the following twenty-two resolutions were adopted: 5 Two resolutions on each of the following projects (a) resolution declaring cost to be assessed and ordering preparation of proposed assessment and (b) resolution ordering a hearing on the proposed assessment - 1. Street grading and surfacing, sanitary sewer, water main, storm sewer and service connections stubbed into boulevard in Peck's Hills 3rd Subdivision. 2. Construction of street grading and surfacing, sanitary sewer and water main in the Section of Rocky Creek Drive lying between Trunk Highway # 63 and the west line of Rocky Creek Subdivision. 3. Street grading and surfacing, sanitary sewer, storm sewer, water main and service connections in Kellogg Hills Subdivision. 4. Grading and surfacing, sanitary sewer, water main and storm sewer in Elton Hills Drive r from 3rd Avenue N. W. to the north line of Valhalla Subdivision. 5. Part I of Street grading and surfacing, sanitary sewer, storm sewer, water main and service connections in 19th Street N. W. and Block 4, Valhalla 4th Subdivision. 6. Sanitary Sewer and Water Main Extensions in the Apache Mall Area. 7. Water Tower and Trunkline for the Low District of the Southwest Service Area - Part I. 8. Part II of Water Tower and Trunkline Southwest Service Area. 9. Part IIA of Water Tower and Trunkline Southwest Service Area. 10. Grading and surfacing of Mall Road and 16th Street S. W. in Apache Mall. 11. Sanitary Sewer and Water Main extension across T. H..52-14 at Memorial Parkway. Upon motion by Larson, second by Strain, and all voting in favor, a resolution was adopted granting one public dance permit to Police Benevolent Association and Rochester Youth Center. Resolution that the improvements approved by a resolution adopted on June 19, 1970 for widening, repaving, sidewalks,:sewers, water main and service connections in Second Street S. W. from T. H. 14-52 to 23rd.Avenue Southwest, are hereby ordered to be made and all action taken on behalf of the City and County with respect to said improvement are hereby ratified and approved. A motion was made by Strain, second by Willmarth, that the said resolution be approved. A motion was made by Cherland, second by Strain, that this resolution be tabled until 8:30; all voted in favor. Upon motion by Larson, second by Strain, and all voting.in favor, a resolution amending the parking resolution as follows was adopted; (1) Section B, No Parking Zones-, Paragraph (95) is amended in its entirety to read as follows: I- "(95) Third Avenue Southwest on the east side of the street from Sixth Street to Seventh Street Southwest between the hours of 8:00 o'clock A.M. and 12M0 o'clock noon on Sundays only." r: Record of Official Proceedings of the Common Council 641.4 1 of the City of Rochester, Minn., SPetember 9, 1970 (2) Section B, No Parking Zones, Paragraphzui(194) is amended in its entirety to read as.follows: (194) 13th Street Northwest on both sides of the street from Broadway to Second Avenue Northwest between the hours of 7:00 A.M. and 9:00 A. M. on school days only." (3) By adding a new section entitled "Section J, Passenger and Commodity Loading Zones, to read as follows: "Section J, Passenger and Commodity Loading Zones." "The following are designated as Passenger and Commodity Loading Zones. All passenger and commodity loading zones are restricted at all times unless otherwise indicated to parking for a period of not to exceed 15 minutes for the purpose of expeditiously loading or unloading passengers or commodities. "(1) First Avenue Southwest on the west side of the street 35 feet more or less in front of the premises known as 415 First Avenue Southwest. "(2) First Avenue Southeast on the east side of the street from a p oint 50 feet more or less south of East Center Street to East Center • Street (Beckley%s, Inc.) (4) Section E, Passenger Loading Zones, is amended by deleting in its entirety Paragraph (21.5). 11 Resolution that an agreement between the State of Minnesota acting through its 11 Department of Highways and the City of Rochester providing for an analysis of inventory I results and preparation of improvement plans for Stage II (Area Outside the Central Business District) under the Traffic Operations Program for Increasing Capacity and Safety (TOPICS In Program)is approved and the Mayor and City Clerk are authorized and directed to execute said agreement. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. An Ordinance establishing the Department of Building and Safety; prescribing it (f its power and duties; creating the office of Director of Building and Safety; amending the i Rochester Code of Ordinances by adding Chapter 37 and Repealing Section 61.010, was given its j I first reading. ,I i i An Ordinance annexing to the City of Rochester, Minnesota certain unplatted i li land not exceeding 200 acres in area, all being in the East Half of Section 10-106-14, Olmsted County, Minnesota (Baihly property) was given its first reading. I I An Ordinance rezoning certain property and amending the Zoning Ordinance of �I i the City of Rochester, Minnesota (changing the North 55 feet of Lot 4, Block 6, Golden Hill � I� Addition to M-1 District) was given its second reading. A motion was made by Larson, second Ij by Ludowese, that the said ordinance be-adoptes as read, and upon roll call and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (Libby"s and Railroad property Southeast'to the M-1 District and Rundell Property Southeast to B-3 District) was given its second reading. A motion was made by Strain, second by Larson, that the said ordinance be adopted as read and all voting j in favor, President DeVries declared the said ordinance dulypassed and ado ted. l P P � An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester (Lots'15, 16 and 18-25, Christensen Sehl Subdivision to R-Sa) was given its second reading. A motion was made by Ludowese, second by Larson, that the said ordinance be adopted as read*and all voting in favor, President Postier declared the said ordinance duly passed and adopted. i. 6 W_, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 9, 1970 A letter signed by Mrs. Donald Nichols requesting a permit to hang a banner on the street, Broadway and 2nd Street S.W. on September 14th thru 21st, 1970. A motion was made by Willmarth, second by Larson, that the permit be not allowed; all voted in favor. Upon motion by Larson, second by Willmarth, and all voting in favor, the matter of the speed limit of trains -within the City limits was referred to the Public Safety Committee. Upon motion by Larson, second by Strain, and all voting in favor, the meeting was adjourned until 4:30 P. M. • Mayor Day presented the annual safety drivers awards. The meeting was called to order again at 4:30 P. M. with all members being present. • Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation of the Administrative Assistant in regard to the Liquor Ordinance Amendments was tabled until October 5, 1970 and in the meantime the Council as a committee of the whole meet with the dealers. Upon motion by Strain, second by McNary, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M. President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. President Postier requested a minute of silence in memory of Henry Maass, a former member of the Planning & Zoning Commission, who passed away on September 8th from a heart attack. President Postier declared this as being the time and place set for hearings on the following projects: Hearing on variance to allow the property at 1103 - 9th Street N. W. to be used as office space. Dr. Richard Derby, the petitioner, said he had moved to South Dakota and had made this request for a variance to it would allow someone to live in it other than the owner, he urged that the variance be granted. Mr. Herbert Fitch of 1107 9th Street N. W. was present and objected tothevariance. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Ludowese, second by Strain, that the variance be denied; all voted in favor. • Hearing on application for a variance to allow a ground sign at 210 9th Street S.E. in the R-4 District. Mr. Frank Wilkus, representing the owners Olmsted Medical Group, urged that the variance be granted, he said their building was back about 208 feet from 3rd Avenue and did not see where such a sign would cause any problems. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Willmarth, second by Ludowese, that the variance be granted and instructing the City Attorney to prepare the necessary resolution; all voted in favor. Hearing on application for a variance to allow a ground sign to be constructed partially of combustible materials located at 311 First Avenue N. W. Mr. Barney Vogel of.Vogel Outdoor Advertising was present and urged that the variance be granted. A motion was made by Ludowese, second by Willmarth, that the variance be denied; all voted in favor. Record of Official Proceedings of the Common Council 654 of the City of Rochester, Minn., September 9, 1970 1 • 1 1 Hearing on application for a variance to permit a six foot high redwood fence to be constructed in place of the solid masonry wall required in Paragraph 44.01 of Ordinance No. 1296 on property located at 1101 Second Street S. W. There was no one prese wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Larson, that the variance be granted subject to constructi a six foot high fence along the north property line adjoining the alley and that a barrier curb be constructed on the property 5 feet inside the fence; and instructing the City Attorney to prepare the necessary resolution; all voted in favor. Hearing on variance to.allow the 19 foot front yard requirement to be waived to permit parking of cars within 5 feet of the sidewalk at 307 Third Avenue N. W. Mr. There was no one else wishing to be heard;President Postier officially closed the hearing. Bob Neill, the petitioner, was presented and urged that the variance be granted./ A motion was made by Strain, second by Willmarth, that the variance be granted and suitable screening be put on both the north and west side and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. Hearing on application to vary the provisions of Paragraph 44.01 of the Zoning Ordinance to requiring a.6 foot high masonry wall along the lot line adjoing an R-1 District on.property located at 701 - 12th Street S. E. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made Larson, second by Strain, that the variance be granted and a 5 foot bumper be constructed and instructing the City Attorney to prepare the necessary resolution; all voted in favor•. Hearing on final plat of Meadow Park 8th Subdivision. There was no one present wishing to be.heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Ludowese, that the plat be approved and the City Attorney was instructed to prepare the necessary resolution; all voted in favor, except Alderman McNary "abstained". Mr. Harry Grounds of Toltz, King, Duvall, Anderson and Associates, Inc. presented and outlined an "Interim Report - Odor Survey, Industrial Waste Survey and Plant Survey at Rochester, Minnesota. A motion was made by Willmarth, second by Strain, to remove from the table the recommendation on the preliminary plat of North Star Subdivision. Mr. David Bishop and Mr. Joe Weis were present; Mr. Bishop stated that they needed the access to U. S. # 63 and urged that the Council leave it on the plat. A motion was made by Larson, second by McNary, that the preliminary plat be Approved subject to the closing of the Southerly access to T. H. #63 leaving only the access on 31st Street N. E. and that no filling of the drainage easement would be tolerated; all voted in favor except Aldermen Ludowese and Willmarth who voted "nay". A motion was made by Ludowese, second by Cherland, that the resolution re widening, repaving, sidewalks, sewers, water main and•service connections in 2nd Street S. W. from T. H. 14-52 to 23rd Avenue S. W. (tabled this afternoon) be removed from the table; all voted in favor. A motion was then made by Ludowese, second by Willmarth, that • Record of Official Proceedings of the .Common Council of the City of Rochester, Minn., September 9, 1970 • this resolution be tabled until the meeting.on September 16, 1970; all voted in favor. Mr. Dwight Boutelle of 2540 3rd Avenue was present and inquired what progress was being made on the petition,of Sehl & Gustafson on sewer. The City Engineer stated that this was under study and inasmuch as k of the street is in the City and i is out, some arrangements had to be made for payments; he said it would not be constructed this fall. Resolution approving resolution adopted by Public Utility Board and authorizing Mayor and City Clerk to execute Contract Amendment No. 1 with Midland Industrial Electric Company (close out contingency fund and delete transmitter cabinet). Upon motion by Ludowese, second by Strain, and all voting in favor, resolution adopted. • Resolution authorizing and directing Mayor and City Clerk to execute release and indemnity.agreement between City, Midland Industrial Electric Co. and Federal Insurance Company relative to contract for power pland and associated station wiring. Upon motion by Ludowese, second by Willmarth,-and all voting in favor, resolution adopted. Resolution authorizing and directing Mayor and City Clerk to execute change order No. 2 with Midland Industrial Electric Company (subtract 12,686.00). Upon motion by Strain, second by Ludowese, and all voting in favor, resolution adopted. Resolution authorizing and.directing Mayor and City Clerk to execute change order with Midland Constructors (add 20,584.64 and close continegency fund 10,000.00). Upon motion by Strain, second by Ludowese, and all voting in favor, resolution adopted. Resolution authorizing and directing Mayor and City Clerk to execute release and indemnifying agreement between City, Midland Industrial Electric Company and Federal Insurance Company relative to contract for substation installation and wiring. Upon motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution accepting plat to be known and designated as Meadow Park Eighth Subdivision. Upon motion by Larson, second by Ludowese, and all voting in favor, resolution adopted. Upon motion by Willmarth, second by Ludowese, and all voting in favor, the meeting was adjourned until 12:00 o'clock noon on September 16, 1970. City Clerk Information 1. Minutes of Standing Committees 8-31-70 , 2. The Minnesota Municipal Commission is holding public hearings at 9:30 A.M. on September 9, 1970 on annexation of (a) Bible College property and (b) land south of 20th Street S.E. & East of CSAH #1 3. Claim for injury - Tamara Gleason '(eeferred to City Attorney.& Insurance Company) 4. Referred to Planning & Zoning Commission': A. application for,approval of a shopping center - Carlton Penz , b. petition of a zoning district change on west side of 15 Ave. S.E. between U.S. 14 and loth St. S.E. c. application for conveyance of unplatted lands at 1527 and 1533 2dn St. N.E. d. application for variance on corner of 12th Street and,7th Ave..S.E. e. application for variance at corner of llth Avenue and 2nd St. S.W. f. application for variance to allow ground sign at 210 9th St. S.E. g. application for approval of preliminary plat - Summit Square 1st Add. h. petition to vacate 5th St. S.E. west 100 feet from west line of lst Ave. S.E. i. petition to annex 63 acres in Golden Hill, Knollwood Acres, etc. j. protest of annexation of-63 acres in Golden Hill, Knollwood Acres,,etc. k. petition to rezone 19th St. Northeast & Broadway - Peoples Coop. Power Assn. storage area and general business.