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HomeMy WebLinkAbout08-06-197356 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., * August 6, 1973 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota held on August 6, 1973 in the Council Chambers of the City Hall at 2:00 o'clock P.M. President Postier called the meeting to order with the following members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Powers, Strain. Absent: None. Reappointment of Herbert R.Maynard of 1011 12th Avenue N.E.1.4,nd.,C. J. Porter of 1509 13th Avenue Northeast to the Heating, Ventilating and Air Conditioning Board of Review. The term of both men to expire November, 1975. Upon motion by Powers, second by Ludowese, and all voting in favor, the reappointments were accepted. Request for a foundation permit - Broadmoor Apartments. Wishing to be heard was Mr. LeRoy Prince from the Building Trades of Rochester, Minnesota, and he stated he would like the permit issued because of the cold weather coming up soon and the footir needs to be put in. He stated he "Favors 't". Mr. Frank Michaels of Rochester Minnesota Attorney for Campus Development, Inc. was present and would answer questions that anyone might have concerning the Broadmoor Apartments. Mr. Richard Nievling, representative of the Company in charge of the Broadmoor Apartments was present and stated that if,;;a Foundation permit could be obtained without the reading of the ordinances, this would help them get started faster. President Postier asked Mr. Gerald Swanson, City Attorney if this could be obtained, and Mr. Swanson stated that he understood that in the past some had, but that he would dust as soon see the Ordinance read in the proper procedure and he would ask the Public Works Director if the permit would be feasible to issue. Mr. Roger Plumb, Public Works Director, said that he has known these permits to be issued but only where they have no other problems pending. This project has a zoning proper pending and inspections on foundation. Upon motion by Strain, second by Powers, to give this ordinance its second reading by suspending the rules. Upon roll call and all voting in favor, the ordinance was given its second reading. Upon motion by Powers, second by Strain, and all voting in .favor, Kamper voting nay, the ordinance was adopted. A Motion was made to instruct the Building and Safety Department to issue a Foundation Permit only was made by Strain, second by Powers. Upon roll call, Kamper, Ludowese and McNary voting nay, with.Larson, Powers, Strain and President Postier voting in favor. The majority rules, and the motion was carried instructing,the Building and Safety Department to issue .the Foundation Permit only. Application for an off -sale Liquor License (Joe Weis). Upon motion by Strain to table this for 30 days to open up the Liquor License at this time, was second by Ludowese, and upon roll call -,;vote as follows: Kamper nay, Larson nay, Ludowese,,aye, McNary nay, Powers aye, Strain aye, and President Postier nay, therxmotion was not carried. Alderman Robert Larson stated that the next off -sale license should go to a Southeast side location and contended there are ample stores on the north side.. 0 LEI is 1 ,l Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 6, 1973 5.69 Weis stated that the neighborhood shopping center will contain 12 businesses including a convenience shopping food market and a dry cleaning outlet. Alderman Kamper said there was no overriding enthusiasm for or against having a liquor store from the north- west residents. Upon motion by Larson, second by Powers to deny the license and upon roll call, Kamper. Larson, Ludowese Powers and President Postier voted in favorsp with McNary and Strain voting nay. The motion for denial was carried. Request for a parade permit (Freshman Torchlight Parade from the Rochester Community College to be held Wednesday evening, September,,5, 1973 subject to approval of the route with the Police Department.) Upon motion by Kamper, second by Larson, and all voting in favor, the request was granted.. Request to build on public right-of-way at 211 South Broadway for the purpose of refacing the building front with brick. The building ,extends .4' or approximately 5" beyond the property line into the right-of-way. Mr. Losinski is requesting an additional 4" encroachment which would amount to a total projection of approximately 9". Uponk motion by Strain, second by Powers with all voting in favor, the request was granted. Upon motion by Ludowese, second by McNary, and all voting in favor, the application for a Contractor's License for A.J. Penner Heating and Plumbing Company was approved. Upon motion by Larson, second by Kamper to table the Auetioneer's License for Basil R. Collier -of 1676 Benedict Canyon,, Beverly Hills, California to hold an auction on Tuesday, August 14, 1973 at Dayton's Department Store was,approved with all voting infavor. This was due to some investigating with Mrs. Kamper calling Daytons to find out if this was legitimate. Recommendation for the proposed revision to the Land Use Plan',<<1n the area from U.S- 52 to,Cauntry_Club Manor between 2nd Street,S.W. and the Chicago and Northwestern Railroad.' Upon 'motion. by'Kamper, second by Larson to instruct the City Attorney to prepare the resolution to set up another hearing and to. notify the School of this action. All voting in favor, the recommendation was accepted. Recommendation.for petition to vacate that part of the South 50 feet of 37th Street N.W. that lies north of and adjacent to Lots 19 and 20, Block l and 0utlot 1, Rolling Greens 4th Addition. Upon motion by Ludowese, second by Powers to instruct the City Attorney to prepare a resolution setting the date for public hearing and instruction to prepare a resolution vacating the street. All voted in favor,-.'.-' Larson abstained, the recommendation was adopted. Recommendation for Application for approval of a Planned Unit Development (Revised Concept Statement) to be located South of:County Road No. 8 and to be known as Green Meadows Village (Part II). Upon motion by Kamper, second by Powers, with all voting in favor, the concept statement was approved. Recommendation for application for approval.o.f the General Development Plan for the Radichel Property located in the vicinity of U.S. 14 West and 35th Avenue N.W. 5'70, Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., August 2, 1973 Mr. Don Whiting of Rochester, Minnesota has property adjoining the Radichel Property,,. Mr. Whiting had problems with this property and presented maps to the Council on this problem. Upon motion by Larson, second by Kamper, with all voting in favor to refer this back to the Planning & Zoning Commission for more study relating to the development of this property and notify a1l the adjoining property owners. Recommendation on petition to annex Lot 5, Toogood Subdivision (622 16th St. S.W.). Upon motion by Powers, second by Strain, with all present voting in favor, the City Attorney was instructed to prepare the ordinance for adoption. Recommendation for Certification of Rochester Sign Ordinance by Minnesota State Highway Department. Wishing to be heard was Emerald Thiem of Rochester:;,, Minnesota wished the Council would certify this so that the people in the sign business would not have dual charges. Upon motion by Larson, second by Powers, with all voting in favor, the City Attorney was instructed to prepare a resolution asking the Minnesota Highway Depart- ment to certify the City's Sign Ordinance for subsequent adoption. Recommendation for local improvements on 41st St. N.W. between 18th Ave. N.W. and Frontage Road T.H. #52. Upon motion by Powers, second by Larson with all voting in favor to adopt the prepared resolution ordering the Assessment hearing for September 4, 1973. Recommendation to initiate new public hearing on 2nd St. S.W. and 14th Ave. S.W. between 2nd St. S.W. and St. Mary's Hospital entrance and 2nd St. S.W. between llth Ave. and 16th Ave. S.W. Upon motion by Strain, second by '`McNaryand all voting in favor to adopt the prepared resolution ordering the public hearing for the 17th day of September, 1973. Recommendation to advertise for the installation of Traffic Signals at 3rd Avenue and 9th Street-S.E. Upon motion by Strain, second by Kamper with all voting in favor, the prepared resolution directing the City Clerk to advertise for these bids to be opened at 11:00 A.M. August 29, 1973 was adopted. Recommendation of the Public Works Director to accept the low,"bid of Barbarossa and Sons, Inc. in the amount -of $121,920.00 for Sanitary Sewer Trunk Line • Extension along the East line of Section 12, Rochester Township from"the North line of SE'k NE'k to the South line of Section 12. Upon motion by Larson, second by'_Kamper, with all voting in favor, the prepared resolution was adopted. Resolution authorizing acceptance of the Advance Engineering and Surveying Co. (James H. Parker) to provide plans, and Engineering services on construction for watermain extensions in Viking Village was accepted upon motion by McNary, second,by Kamper with all voting in favor. Upon motion by McNary, second by Strains, with all voting in favor to adopt the resolution ordering.an assessment hearing for September 4, 1973, for watermain exten- sion from 22nd St. N.E.atclOth Ave. to Northern Hills Dr. 1� I 1 E 1 Record of Official Proceedings of -the Common Council of the City of Rochester, Minn., August 6,1973 Recommendation to advertise for bids to be received at 11:30 A.M. on August 29,9..1973 for improvements on 3rd Avenue N.W. from 14th Street N.W. to 600 feet south of 19th Street N.W. Upon motion by Ludowese, second by Kamper and all voting in favor to adopt the prepared resolution. Recommendation from the City Engineer to advertise for bids on improvements to Storm Sewer Main from 14th Ave. to 18th Ave. N.W. in E1tonHills. Bids are to be opened on August 29, 1973. Upon motion by Kamper, second by Ludowese, with all voting in favor, the prepared resolution was adopted. Recommendation by the City Engineer to award the contract on bids of June 29, 1973 for Storm Sewer in 3rd Street. S.E. and S.W. from 3rd Ave. S.W. to Zumbro River. The low bid of 196,435.00 from the Fraser Construction Company was accepted upon motion by Ludowese, second by Larson with all voting in favor. Recommendation from the Planning Department on the Metes and Bounds Conveyance of unplatted land at 2015 19th Street N.W. The City Attorney advised the Council that the City had the street right-of-way and that adoption of a resolution would be in order. Upon motion by Larson, second by Strain with all voting in favor, the resolution was adopted approving the metes and abounds. Metes and Bounds Conveyance of Unplatted Land at 2045 19th Street N.W. Upon motion by Larson, second by Ludowese, with all voting in --favor, the prepared resolution was adopted, subject to the dedication of the street right-of-way and the easement of utility rights. Resolution accepting an easement for'Sanitary Sewer, Storm Sewer, and water - main purposes dated July 14r,i 1973. Granteddlby Alvin E. Benike, Inc. (Sec. 28. Twp. 107N, Range 14W). Upon motion by Larson, second by Strain, and all voting in favor, the+ resolution was adopted. Resolution accepting the public street easement for Pennington Properties and others along the West line of Pennington First Subdivision and Pennington Second Sub- division. Upon motion by Powers, second by Ludowese, and all voting in favor, the resolution was adopted. Resolution approving an amendment to resolution adopted on March 26, 1973 establishing bus routes, schedules and stops of the Rochester City Lines Co., adding a new stop under Route No. 7 (Country Club Manor), to read as follows: On the north side of second street Southwest, west of the mid -block crosswalk between 12th Avenue and IStt Avenue (80 + mid -block, parking prohibited). Upon motion by Larson, second by Strain, with all voting in favor, the resolution was adopted. Resolution on approval of agreement to issue a revocable permit to Francis A. Losinski for the remodeling of the premises at 211 South Broadway the front facade of which will extend nine inches into the public sidewalk right-of-way. Upon motion by Ludowese, second by Powers, and all voting in favor, the resolution was adopted. • 572 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 6, 1973 Resolution for order for Winfred Larson as the Administrator of the Estate of Magdalis Larson, deceased, to raze or remove a hazardous building located at 1927 West Center Street in the City of Rochester, Minnesota. Upon motion by Ludowese, second by Larson with all voting in favor, the resolution was adopted. Resolution accepting of easement for Sanitary Sewer, Storm Sewer and Water - main purposes dated July 24,.1973, granted by Home Opportunities, Inc., (Sec. 27, Twp. 107N, Range 14W). Upon motion by Larson, second by Kamper, with all voting in favor, the resolution was adopted. Resolution accepting easement for Public Utility purposes granted by Eugene D. Radke and Sharon R. Radke situated in the Northwest Quarter of Section 26, Twp. 107, Range 14 West, Olmsted County Minnesota., Upon motion by McNary, second byLarson, and all voting in favor, the resolution was granted. An Ordinance relating to the hours during which intoxicating liquors may be sold: amending Rochester Code of Ordinances, Section 160.180 was given its first reading. An Ordinance relating to the regulation of refuse collection in the City of Rochester, the licensing of collectors, and collection charges; amending Rochester Code of Ordinances Sections 130.300, 130.510, 130.600 as amended by Ordinance No. 1671, and Section 130.700 was given its first reading. An Ordinance relating to the Zoning Code of the City of Rochester, Minnesota;) amending Rochester Code of Ordinances, Sections 61.405, 64.302, and 65.616, as enacted by Ordinance No. 1659, was given its second reading. Upon motion by Kamper, second by Powers, with all voting in favor, the ordinances was adopted as read. Alderman Ludowese was heard regarding the lighting on 1st Street S.W., Center Street, 1st Street N.W. and 2nd Street Northwest from 6th Ave. to llth Ave. He asked the Council's Public Safety Committee and Utility Board to meet with him in an effort to improve this situation. President Postier called a 10 minute recess. The meeting was brought to order at 4:00 P.M. Upon motion by Larson, second by Kamper with all voting in favor, the application for an Auctioneer's License for an Art Show held at Dayton's Department Store in Apache Mall, which was tabled earlier was taken off the table. Alderman Kamper contacted Dayton's Department Store and inquired about the reputation of Mr. Basil Collier as an auctioneer, and they said they had no trouble with him &conducting the auctions. Upon,motion by Larson, second by Powers, with all voting in favor, the license was approved. Wishing to be heard was Dr. John Simons, head of the campaign for the new recreation center. He Stated additional expenses have made the project cost $570,000. more than the original figure. He told the Council that a total of $750,000. ins; bonds would be needed over a 15 year period Sf adequate financing was to be guaranteed. 1 1 N 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 6, 1973 1 • 1 [1 r� U He stated that everything possible was done to bring down the cost, and that if they were to cut down anything more, an& -entire project would be cut out. The bonds would be paid off through fees collected from the new recreation center. The bonds are not formally introduced to the Council until August 20, 1973, but the Council expressed a favorable attitude. Upon motion by Ludowese, second by Kamper,-with all voting in favor,, to instruct the City Attorney and the Bonding Attorney to prepare the resolution of the issuance of $750,000. revenue bond for presentation on August 20, 1973. Wishing to be heard was Mr. Walter Prigge, Chairman of the Soil Conservation Service, Rural R oute # 1, Byron, Minnesota. He stated that the location of the Peking Plant is located in the Flood Plain area, and that even though the engineering tech- nology of today is superior, he feels that this is not a good location. He feels that industrial sites are being offered along the flood plain and that before long this will be built up. He stated that if a flood should occur, the City would need this land for flood protection, also if this Peking Plant would go in, it would have an effect on two - three farms because the water would have to go somewhere and this land would be in danger. He stated that he would like to see the Peking Plant located elsewhere. Mr. P.E. Fuller, President of Pfeifer and Schultz, Inc. Engineers for the Peking Plant stated that they located this gas turbine on a place where it won't bother the soil conservation. It is an excellent location, electrically speaking. Mr. Fuller stated that land for this tank was hard to buy. President Postier stated that everything possible has been done on the part of the Council to cooperate and he feels that in the future they will cooperate. Upon motion by Strain, second by Larson, and all voting in favor, the meeting was adjourned until 7:30 P.M. President Postier called the meeting to order again at 7:30 o'clock P.M., the following members being present: President Postier, Aldermen Kamper, Ludowese, McNary, Powers, Strain. Absent: Larson. Mayor Smekta presented Mr. C.A. Armstrong, City Engineer, with the Ludwig Award from the League of Minnesota Municipalities. Two public officials receive this award annually. Mayor Smekta stated that the City of Rochester was fortunate to have an 'outstanding man like Mr. Armstrong working for us. Hearing on petition for concrete sidewalk on loth Ave. S.E. wishing to be heard was Mel Dubbels of 1506 loth Ave. S.E. He; -;was in opposition to the sidewalk because the cul-de-sac doesn't go anywhere, there are no schools, churches, etc. to walk to, and it would chop up the lawns. Wishing to be heard was Marc Carpenter of 1539 and 1543 loth Ave. S.E. He stated that two buildings that have apartments have no children, and there aren't many apartments that have children in. He does not want the sidewalk. Mr. Elmer Folkert of 1530 loth Ave. S.E. stated no children in apartments and the duplex he has concrete for the children to play on, He is opposed to the sidewalk. Mr. Clare 0 r574 ..�r_. Record of Official Proceedings of the Common Council of the . City of Rochester, Minn., August 6, 1973 Fisher of 1533 loth Ave. S.E. owns a duplex and stated that''the traffic is almost nill because this is on a dead-end street and that the sidewalk would not keep the child- ren off the street anyway. Mrs. Earl Hartman of 928 15th St. S.E. stated that fatal- ities and injuries occur of they have sidewalks or not. Mr. Earl Hartman of 928 15th St. S.E. stated that dads and mothers should drive accordingly. Linda Thompson of 1519 loth Ave. S.E. stated to place the sidewalk near the street would be more harm- ful, the children would be walking and would have more chance to dart into the street then at the present. Dr. Michael Davidson of 1513 loth Ave. S.E. who presented the petition for concrete sidewalk stated that when he presented the people of the A N neighborhood with the petition, he contacted 63 people and he received 60 signatures. He stated that out of the people contacted, 707. of the units were covered. Dr. Davidson stated that the childred and adults walk out behind cars and traffic in genera] drives right along and he said he saw a mother and small child almost get hit. This is what promoted him to get the petition started. Dr. Davidson also presented a map showing the area, sidewalks that are in now along 15th St. and he showed us his reasons for wanting the sidewalk. Mr. Mel Dubbles presented a paper of those people who wished that their names be removed from the original petition. Approximat61y 1/3 of those who signed the petition wanted their name removed. -Having_no'one'else.present wishing to be heard,.President Postier declared the hearing closed. Upon motion by Powers to deny the petition, there was no second, and the motion was not carried. A motion was then made by Strain to table this until September 4, 1973, this was second by Ludowese, and all present voting in favor. Alderman Powers voting nay. Hearing on the Application for Approval of the Final Plat of Pennington Third Subdivision. Having no one present -that wished to be heard, President Postier declared the hearing closed. Upon motion by Kamper, second byLudowese, with all present voting inlfavor.,to proceed with the application was approved. Hearing on the Application for Approval of the Final Plat of Elton Hills 2nd Replat. Having no one present that wished to be heard, President Postier declared the hearing closed. Upon motion by Ludowese, second by Powers and all voting in favor to adopt the prepared resolution. Hearing on the petition to change the zoning districting on the North 130 feet of Lot 16, Block 2, Graham's 2nd Addition from the R1Ff District to the B-3FF District (Farm & Home, 1411,South Broadway). Mr. Charles Woodworth of 1438 2nd Ave. S.W. wished to be heard. Mr. Woodworth stated that he owns the adjoining property and asked the question , "why zone this small piece of property". They have had no cooperation from Farm & Home. They park machiner� all.over and didn't keep up an agreement to put a green barrier up, they do not cut -the weeds. He is opposed to the zone change. Wishing to be heard.was Mr. Tom Mertz who lives across the street from Farm & Home. He opposes this zone change. Wishing to be heard was Mr. Gene Schmitz, I. f] • 1915 18'h Ave. N.W. Manager of Northwest Fabrics. He stated he received notice of the 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 6, 1973 . 5- 5 1� • 1 1 i zone change, but did not understand what it was about. Mr. Moore, Planning Director, explained what a zone change was and he had no objection. Mr. Carlton Welke of 1331 2nd Ave. S.W. stated he lived in his dwelling for 14 years and this was zoned residential and should be left that way. He was also concerned about devaluing his property. Mrs. Everett Whynaucht of 1419 2nd Ave. S.W. stated this is an eye sore, if they park where ever they want to. Mr. Henry Kramer of 1415 2nd Ave. S.W. lived at his place for two years and the situation has not improved. Mrs. Ida Welch of 1502 2nd Ave. S.W. lived in the dwelling for 12 years and they have never kept up the lot. She stated she hired someone to keep up the lot. Having no one else wishing to be heard, President Postier closed the hearing. Upon motion by Strain, second by Ludowese, with all present voting in favor, the petition to change the zoning districting was denied. Alderman Larson entered the meeting at 9:05 P.M. Hearing on the petition to change the zoning districting on property located south of 9th Street S.E. and between the East Right-ofWay line of Chicago and Great Western Railroad and a line 25 feet west and parallel thereto from the M-lFF District to the B-3FF District. Mr. Gerald Swanson, City Attorney requested the Council to withhold action until First Avenue right-of-way is resolved. Mr. Swanson stated that he did not receive the deed conveying this land to the City. Wishing to be heard was Mr. Gus Chafoulias of 930 8th St. S.W. Mr. Chafoulias stated that they were under the assumption that this was zoned B-3, and fifth that assumption the deed would be given to the City. Now this is M-1 property and a variance is needed. Mr. Chafoulias stated that if they got the proper zoning, the deed would be given to the City Mr. Swanson stated that $12,232.00 was paid to the Chafoulias' for the right-of-way piece of land, and that the problems that came up with it at a later date had nothing to do with the awarding the City the deed. Mr. Chafoulias stated that they did not know about the zone change and variance they would be needing to accomplish what they wanted to on the remaining property. Having no one else present that wished to be heard, President Postier closed the hearing. A motion was made by Kamper, second by Powers to preceed with the zone change instructing the City Attorney to prepare an ordinance making the change that couldli be adopted. Mr. Swanson read the Ordinance and it was given its first reading. Upon motion by Powers, second by Larson and.all present voting in favor to suspend.the rules and give this ordinance its second reading. A motion was made by Ludowese, second by Powers to adopt the ordinance and upon roll call with everyone present voting in favor, the ordinance was adopted. President Postier called a 10 minute recess. President Postier called the meeting to order. A motion was made by McNary, second by Powers, and passed unanimously that the semi-monthly bill, list attached,in the amount of $441,673.11 be approved. CJ I'A 576 6 _-- Record of Official Proceedings of the Common Council of the City of Rochester, Minn., - August 6, 1973 • Upon motion by Ludowese, second by Kamper to remove the leave of absence for Francis Washburn from the table with all voting in favor. This was tabled from earlier in the day. Upon motion by Larson, second by Strain and all.voting in favor, the request for the leave of absence for Francis Washburn was granted, and the prepared resolution was approved. Recommendation for approval of a Planned Unit Development (Preliminary Plan) to be located at the N.E. corner of 18th Avenue Northwest and 41st Street Northwest. This is not a public hearing, President Postier previously closed the hearing at a former' meeting. Upon motion by McNary, second by Powers and all voting in favor, Alderman Kamper voting nay, the preliminary plat was approved subject to the 18 following items: 1. Show elevation and plan of the residential sign along 41st Street. Signs are not normally allowed with the 25'-setback in the R-1 District. 2. Eliminate.the commercial sign along 18th Ave. (all commercial signs should be small and on the face of the buildings). 3. Submit an elevation view showing the size and type of signage on the face of the commercial building. . . 4. Indicate if any signs are needed for the day care school. 5. Note on the plans that the exterior facing of the commercial buildings will be of the same design as the apartments. 6. Designate a catagory of uses for the commercial area. 7. Indicate by a note on the plans that "no parking" will be allowed on any accessways. 8. Indicate by a note what the policy will be toward the parking of recreation vehicles within this P.U.D. 9. Show exterior lighting. 10. Landscaping plan. 11. Grading Plan. 12. Utility plan. 13. Construction schedule or time table. 14. Parking for handicapped. 15. Exterior view of buildings. 16. Floor plans of buildings. 17. Type of surface for driveways, walkways, etc. 18. Design and location of mailboxes, air -conditioner, etc. Resolution accepting -the Public street and utility easement on Lands in Section 27, Township 107 North, Range 14 West (Milford F. Benjamin and Lillian Benjamin). Upon motion by Larson, second by Powers, and all voting in favor, the resolution was adopted. Resolution on an order to raze and remove the building located at 437 9th Avenue S.E. within 20 days of this order. (Dorothy Heins). Upon motion by Ludowese, second by Kamper, with All present voting in favor, the resolution was adopted. F� 1 1 0 Record of- Official Proceedings of the Common Council of the City of Rochester, Minn., August 6, 1973 577 L • Resolution on Non -Encroachment Resolution for the "TOPICS" project at the intersection of Third Avenue and Fourth Street S.E. on Trunk Highway No. 296. Upon motion by Ludowese. second by McNary, with all present voting in favor, the resolution authorizing the Mayor and City Clerk to enter into an agreement was adopted. Resolution for approval of Quit Claim Deed for conveying certain land owned by the City to the County of Olmsted for Public Park purposes and Recreational purposes in Sections 15, 23 and 26, Township 108, Range 14. Upon motion by Powers, second by Larson, with all present voting in favor, the resolution authorizing the Mayor and City Clerk to enter into this agreement with the County was adopted. Resolution on approval of Public Utility Easement granted People's Natural Gas Company by the City of Rochester and the Quit Claim Deed to Eugene A. Pestka and Margaret A. Pestka covering 'land in Lot,l, Mohn & Hodge Replat. Mr. Pestka will have to pay the City $415.00. This was approved by the Council previously, but 'the appraisal was just done at this time. The Public Utility Easement would be granted to People's Natural Gas prior to the Quit Claim Deed to the Pestka's. Upon motion by Larson, second by Ludowese, and all voting in favor, the resolution was adopted. Upon motion by Ludowese, second by Kamper, and all voting in favor, the meeting was adjourned until August 20, 1973. Deputy City Clerk INFORMATION 8-6-73 1. Minutes of Standing Committees - 7/23/73 2. Minutes of Standing Committees-.7/30/73 3. Claim for damages, John E. Collins, 1607 llth Ave. S.E. (referred to Attorney, insurance, Public Works) 4. Claim for injury, Johanna Fernandes, Bismark, N.D. (referred to Attorney, insurance, Public Works) 5. Claim for injury, Leslie & Richard Peter, (referred to Attorney, insurance, park department) 6. Claim for injury,. Jack Evans, 1433 9th Ave. N.W. (referred to AttorVey, Insurance) 7. Letters from Senators Humphrey & Mondale and Representatives Zwach, Fraser, and Blatnik re: Councils' opposition to Fair Labor Standards Act. 8. Petition to revoke Rochester's Sanitary Landfill permit which was filed with the PCA on July 5, 1973. Copies of this petition were previously submitted to the Council. 9. Referred to Planning and Zoning Commission: A. Application for a variance at 124-9th Ave. N.W. (Frances McNallan) B. Application for a variance on 19th St. N.W. (Charles D. Hansen) C. Application for a variance at 709 21st St. N.E.(George R. Creedle) D. Application for a variance at 1710 No. Broadway (Franklin Hottschaale, Fire Safety Corp) E. Petition to vacate the ease 141 ft. of the alley between 6th Ave.S.E. and 7th Ave. S.E. (Gerald M. Grandbois, etal) F. Appeal from the decision of the Zoning Administrator at 1440 12th Ave.N.E. (Dennis H. Lunde) G. Petition to vacate the utility easements across Lot 1, Block 1, Valhalla 4th Subdivision and Lot 1, Block 4, Elton Hills East 3rd Subdivision. H. Petition to annex 2.48 acres of the Pennington Estates property tD the City (David Pennington)