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HomeMy WebLinkAbout08-07-1972F37 V Record of Official Proceedings of the 'Coininon Council of the City of Rochester, Minn., August 7, 1972 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 August 7, 1972. President Postier called the meeting to order at 2:00o'clock P. M., the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Strain. Absent: Alderman Powers. Upon motion by Mayer, second by Larson, and all present voting in favor, the minutes of the meeting of July 17, 1972 were approved. Hearing on proposal to regulate site excavation and grading by the adoption of Chapter 70, Uniform Building'Code, 1970 Addition. There was -no one present wishing to be heard. President Postier Declared the hearing officially -closed. Upon motion by Strain, second by Kamper, and all present voting in favor, the City Attorney was -instructed to prepare an•ordinance for adoption. Upon motion by Kamper, second by'McNary, and all present voting in favor, a resolution was adopted referring the petition for trunk line sanitary sewer to Pennington and Programmed Land Inc. property to the City Engineer and Public Works Committee for feasibility report and recommendation. Upon motion by Larson, second by Kamper, and all present voting in favor, a resolution was adopted referring the petition for sewer and water to serve Lot 24, Allendale Subdivision to the City Engineer and Public Works Committee for feasibility report and recommendation. Mrs. Mary Moylan was present representing Mrs. Isabel Olson, owner of property at 704 13th Avenue S.E.; she said she had sold this property for Mrs. Olson on the contingency that there be a driveway here and requested that the Council approve the construction of a driveway at this property so they could use the garage. C. A. Armstrong, City Engineer, reported that at the time 13th Avenue was improved Mrs. Olson had signed a letter that she did not want a driveway, so one was not put in and she was not assessed for a driveway, he suggested that if the request is granted the assessment be levied the same as before at $6.00 per front foot for street construction and $2.75 per front foot for sidewalk. A motion was made by Strain, second by Mayer, that the request for a driveway be approved and the • assessment be levied the same as originally assessed for street construction and a letter be obtained and submitted to the Engineer indicating the willingness to accept the assessment;_ all present voted in favor. Upon motion by Mayer, second by Kamper,.and all present voting in favor, the proposed plan for traffic control and public safety in conjunction with the demolition and new construction in Block 17 for the Mayor Clinic, as submitted in a letter from 0. A. Stocke & Co. Inc. on July 19, 1972, was approved. Upon motion by Strain, second by Mayer, and.all present voting in favor, a resolution was adopted authorizing and directing the Mayor and City Clerk to execute the contract between the City and County concerning improvements in 16th Street S. W. from T. H. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 371 L 1 1 0 1 63 to C. R. 125. The County will let one contract for both its portions of 16th St. S.W. and for that portion of 16th St. which is in the City limits and the City would pay for (1) drive- way and sidewalk construction within the city limits (2) all sanitary sewer construction (3) •all-watermain construction (4) all sewer and water service connections upon the assumption of a subsequent assessment on benefited property after annexation -to the City and (5) city portion of roadway construction. Recommendation of the Committee of the Whole authorizing the use of $.05 tokens in the City parking -meters, these -tokens, which will provide for -one hour parking, are to -be purchased by the downtown merchants and will be redeemed -for $.05 each by the Chamber ofil Commerce upon the demand of the City. Upon -motion by Larson, second by Strain, and all votin, i in favor, the City Attorney was instructed to prepare the necessary agreement. II Upon motion by Strain, second by Mayer, and all present voting in favor, the beer license presently owned by Mrs: McFarland at the SPA Tavern at 1613'North Broadway was �i transferred to Wesley D. Hayden. +� Upon motion by Kamper,-second by Strain, and all present voting in -favor, the request of the Rochester State Junior College for a parade permit to be used for the annual Freshman -Torchlight Parade on Thursday, September 7, 1972 starting at 8:00 p.m. was.approved.1 Upon motion by McNary,•second by Mayer, and all present voting in favor, the request of the Rochester Jaycees for a parade permit for the Festival of the Geese Parade on September 16, 1972 was approved. A motion was made by -Larson, second by Mayer, and all present voting in favor, instructing the City Attorney to prepare a resolution endorsing the "pitch in" National Litter Campain and directing all City departments to cooperate in the implementation of the program, which•includes the placing of decals on the .City vehicles. Mis. J. R. Hill was present in behalf of Heritage Associates requesting approval to locate the Whiting House on a portion of Central Park or Buffalo Wallow; she said the Whiting house is the only building they plan to locate in Central Park, they had originally' proposed a complex of old buildings but that idea had been abandoned in favor of restoring or encouraging iestoiation of historic buildings. Gerald Swanson, City Attorney, said Central* Park had been dedicated by plat for public park purposes and as along as it doesn't destioy• the use of the•public property the Council would have authority to locate at least one i building on that block; the Buffalo Wallow property does not have any restrictions on the title. Aftei a legnthy discussion a motion was made*by Larson, second by McNary, approving*, Central Parkas the site for the Whiting House and instructing the City Attorney to prepare the the necessary lease with Heritage Associates; all present voted in favor. Tabulation of bids foi bituminous overlay and seal coat main entrance and Weather Bureau•Roids and Avigation Aprons,, State Project No. 5501-29, at the Rochester Municipal Airport. *The bids of Sullivan Construction Company •in the amount of $46,796.75 and Rochester Sand and dravel Company in the amount of $49,113.80 were received, the engineering estimate r3- 2 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 Iwas $40,7Q7.41. Upon motion by Larson, second by Mayer, and all present voting in•favor, a resolution was adopted accepting the low bid of Sullivan Construction Company, subject to the approval of the Minnesota Department of Aeronautics and authorizing the Mayor and City Clerk to execute Form 202 so -the City can receive 50% Grant and Aid from the Department of Aeronautics. President Postier declared a 10 minute recess at 3:10 P. M. The meeting was called to order again at 3:20 P. M. with all members present except Alderman Powers. Upon motion.by Mayer, second by Strain, and all present voting in favor, the following applications for licenses were approved and the City Clerk was instructed to issue the said licenses: (1) application of Richard E. Nemmers for license to operate a roller skating complex in Allendale Subdivision to be known as Skate Country (2) application of Rochester Jaycees for a 3.2 beer license for September 15, 16 and 17 for Festival of the Geese at the Fairgrounds (3) application of AFL Labor Temple Association for transfer of the Club License No. 4 (4) application of Helen's Look Nook and The Spa for license to sell cigarettes (5) application of Lysne Construction Company for a permit to move a log cabin from 3rd Avenue and 2nd St. S.W. to out side the City (6)'application of Tom Kruse,.Concessionaire for Rochester Park System, for a license to sell 3.2 beer at the State Softball Tournament on August 19 and 20 (7) application of C]iarles Hiley for license to connect with sewers and drains and (8) application of G. Richard Palen for Master Installer and Hot Water Contractor License., Recommendation of Public -Works Committee that the Council waive construction of (1) 1concrete sidewalks adjacent to the below described lots for 1972 and include them in a Public Improvement Project for 1973; the project will include both sides of 26th St. N.W. of which (these lots are adjacent to: Building Permit Holder Permit Date Address of Construction G. R. Crowson Nov., 1971 2504 26th St. N.W. • Lot 1, Block 2 Northridge lst Joe Kocer May, 1970 2516 26th St. N.W. Lot 3, Block'2 Northridge Lst Paul Giese Oct., 1971 2522 26th St. N.W. Lot 4, Block 2 Northridge lst G. R. Crowson March, 1971 2604 26th St. N.W. Lot 5, Block 2 Northridge-lst. G. R. Crowson March, 1971 2612 26th St. N.W. Lot 6,-Block 2 Northridge lst G. R. Crowson April, 1972 2620 26th St. N.W. • Lot 7, Block 2 Northridge lst. G. R. Crowson July, 1972 2521 26th St. N.W. Lot 4, Block 1 Northridge 1st G. R. Crowson May, 1972 2603 26th St. N.W. ' Lot 5, Block 1 Northridge lst G. R. Crowson June, 1971 2611 26th St. N.W. Lot 6; Block 1 Northridge lst G. R.Crowson April, 1972 2623 26th St. N.W. Lot 8, Block 1 Northridge 1st Charles W. Hayden March, 1972 2617 26th St. N.W. Lot 7, Block 1 Northridge lst (2) Waive sidewalk adjacene to the below described lots for 1972 and include them in a public improvement project for 1973 with the remainder of the block: Gerald Garry March, 1970 1510 Folwell Drive S. W. ' Lot 7 Block 2 Folwell Hts. 4th Kruse Company Sept., 1970 1604 Folwell Drive S.W. ' Lot 1 Block 2 Folwell Hts. 5th William Hamil Feb., 1972 1210 Folwell Drive S.W. Lot 4 Block 2 Folwell Hts. 4th =I • 1 1 • I. Upon motion by Kamper, second by Larson, and all present voting in favor, the sidwalk construction 0 �J Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 • L 1 waivers were approved. Request of City Engineer that Certification of Wastewater Treatment.Operators, as -required by -the State Law for each treatment facility and-sewer.collection system, for Loren W. Leach for Class A (Operator of the Treatment -Plant) and Mark R. Gray for Class S-A (operator of the Sewer Collection System) be approved. Upon motion by Mayer, second by Strain, and all present voting in favor, the -request was approved and ,the Mayor was authorized to sign applications for each certifications and submit same to the Minnesota Pollution Control Association together with the fee. Upon motion by Kamper, second by Larson, and all -present voting in favor, a resolution was adopted ordering a public hearing for sanitary sewer and watermain in 6th Avenue Southwest in Maple Lane Subdivision -(hearing to be held at 7:30 P.M. on September 7)1 -Upon motion -by McNary, second by Mayer, and -all present voting in favor, a resolution was adopted ordering a public hearing for sanitary sewer to serve DeWitts Subdivision (hearing -to be held at 7:30 P. M. on September 7). Upon motion by Kamper-, second by Strain, and all present voting in favor, a resolution -was adopted approving -plans and specifications for "sanitary sewer and watermai from Phase I of Green Meadows Village in Second Subdivision" and authorizing and directing the Mayor and City Clerk to execute a contract with LAD -Corporation and George A. and Marion Baihly for construction of.the said improvement. Upon motion by ?IArson, second by Mayer-,, and all present voting in favor, a resolution adopted approving plans and specifications for "sanitary sewer and watermain 16th Street S. W. to Green Meadows -Second Subdivision" and authorizing and directing the Mayor and City Clerk to execute a contract with George A. and Marion K. Baihly for construction of the said improvement.. Recommendation.of Council as a Whole to make.the following changes to accommodate the.traffic and parking near the near the new library: 1. Reverse t(ie direction of travel in the north -south alley between Broadway and 1st A enue S. E. from East Center Street to 2nd Street S. E. from one- way northKound to one-way southbound. -This'is necessary to accomodate • the -bookmobile which unloads from the right side. 2. Establish 2 one -minute parking spaces on 1st Street S. E. in front of Book Drops for library patrons only. 3. Establish a "Passenger Loading Zone" on 1st St. S. E. in front of library entrance. 4. Establish 2 12-minute meters on 1st Street S.E. in front of library. 5. Change 10 spaces in Parking Lot No. 7 (Penney's Lot) from 3 hour limit to 30 minute limit. 6. Sign 7 spaces in Parking Lot no. 5-as "Library Staff Parking Only". 7. Use one space in Penney's Parking Lot for bicycle racks. Upon motion by Kamper, second by Larson, and all present voting in favor., the recommendat was approved and th�city Attorney wa nstructed to prepare the necessary resolution. Recommendation of Planning & Zoning Commission that they concur with the two i designs selected by the Committee on Urban Environment for benches. Upon motion by Larson, second by McNary, and all present voting in favor, the recommendation was approved. Recommendation of Planning and Zoning Commission that a petition to vacate the is Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 north 94.57 feet of the alley in Block 36, Original Plat is currently.being evkuated by local agencies and in the interest of saving time it would be helpful to the developer if the Council could set the date.for public hearing so._the publication could begin. Upon motion by Kamper, second by McNary, and all present voting in.favor,. a resolution was adopted ordering a public hearing on the petition to vacate.the north 94.57 feet of the alley in Block 36, Original Plat, hearing to be 7:30 P. M.. on September 18, 1972. The matter of establishing a policy on vacating of streets and alley was again discussed and upon motion by Mayer, second by McNary, and all present voting.in favor, the same was referred to the Finance Committee for study and recommendation. (payment and non-payment • for land being vacated). .Resolution approving.public utility easement granted to.the City by Metro Development Corporation on.Lot 6., Block 3, Valhalla Fourth Subdivision. Upon.motion by Strain, second by Mayer, and all present voting.in favor, resolution adopted. Resolution approving resolution adopted by Public Utility,Board to.enter into purchase order contract with Allegheny Ludlum Steel Corporation for -furnishing condenser tubes ($12,274.55). Upon motion by Larson, second by Kamper, and all present voting.in favor, resolution adopted. Resolution approving resolution.adopted by Public Utility_Board to enter into purchase order contract with Kaiser Aluminum for furnsihing cable,terminator,splice kits, cadwel mold ('$15,913.80). Upon motion by Larson, second by Mayer, and all present voting in favor, resolution adopted. Resolution amending the Employment Police of the City of Rochester, approved by resolution on January.6, 1971, as follows:.. 1. Amend Section 7 "Computing Hourly,_Pay Rates" (a) to read in_its entirety as follows: "(a) -For convering annual pay rates into hourly rates, the annual rate shall be divided by 2080 hours. The resulting hourly rate shall be used in computing regular pay, overtime, and -pay deductions for lost time for all employees including full-time; hourly seasonal and less.than full- time employees. The earnings of an employee who works less than a full two -week period (there are twenty-six, two-week-pay.periods in a year) shall be, computed at the above hourly -rate for the time worked." 2. Whenever the date "April 1st" appears in the following paragraphs, • substitute the date "Janua-ry 1st". 9 (b) (.l) 9 (c) (1) • 9 . (c) (3) 9 (c) (5) 9 (d) (1) . 9 -(d) (3) . -9 (f) - 3. Amend Section 15 "General" (a-1) "Life Insurance" (3) to read in its entirety as follows: Whenever an employee is on an authorized leave of absence from the City and does not receive a pay check during the first 15 days of a month, his insurance coverage shall cease on the 15th of that month unless he lmakes payment of his own as well as hid dependent's premium, in person at the Personnel Office, prior to the 15th of the month. An employee's group insurance coverage shall cease on the 15th of the month following his termination date, or on his termination date if it happens to be the 15th of the month., is Record of Official Proceedings of the Common Council 315 of the City of ,Rochester, Minn., 'August 7. 1972. 1 • 1 1 • 1 It shall.be the .employees personal -responsibility for notifying the Personnel Office, in writing, of all desired changes in coverage, prior .to their effective date, as well as for making all premium payments when he is temporarily off the payroll, and for making prompt insurance conversion arrangements upon termination of employment." 4. Amend Section 14 "General" (d) "Pay Days" to read in its entirety as follows: "(d) Pay Days and Bank Deposit. - (1) Pay days shall be every other Friday and when pay day falls on a Holiday, employees -shall receive their -pay the preceding day. (2) Bank Deposit. Each employee shall designate a Rochester bank in • -which the City shall deposit his or her net pay each pay day in lieu of the issuance of a payroll check to the employee. Such authorization sahll continue in effect until written notice of a change in banks -is received by the director of finance. 5. Amend Section 15 "General" (i) "Final Pay and Termination Dates" (1) by striking the following sentence: "Whenever possible, a final paycheck for all the above time shall be issued to the employee on the regular semi-monthly pay period following.his last day worked." and inserting in lieu thereof the following sentence: "Whenever possible, a final payment for all the above time shall be issued to.the employee on the next regular pay day following his last day worked." 6. In order. to change the vacation year of City employees from April 1 through March 31 to January l through December 31 as provided in this resolution without jeopardizing vacation plans of some emcployees, those employees who desire to do so may carry over beyond December 31, 1972, sufficient days to give them a full vacation in 1973 or they may borrow from 1974 enough days to give them a full vacation in 1973, provided in the latter case that the borrowed days are deducted from their vacation time in 1974. Upon motion by Kamper, second by McNary, and all present voting in favor, the above resolution was adopted. An Ordinance relating phe regulation and control of dogs, cats and other animals; providing for licensing, registration, impounding and disposal; imposing penalties for violations; amending Rochester Code of Ordinance, Section 170.010 through'170.190 and repealing Sections 170.200 and 171.010, was given its first reading. An Ordinance relating to the regulation and registration of persons selling service or merchandise from place to place and providing penalties for violations thereof; amending Rochester Code of Ordinances, Sections 187.01*0 through 187.150, and repealing Sections 187.160 through 187.190, was given its first reading. An Ordinance relating to the organization and operation of City Government; creating a Department of Public Works and prescribing its duties and functions; amending Rochester Code of Ordinances, Sections 22.010, 22.020 and 22.030, was given its first readings' A motion was made by Kamper, second by Mayer, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its second reading. A motion was then made by Kamper, second by McNiry, that the said ordinance be adopted as read and all present voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance•amending Ordinance No.' 1639 relating to the annexation to the City ofl Rochester, Minnesota• A certain unplatted land in Section 12, Township 106 North, Range 14 West Olmsted County, Minnesota, was given its first reading. Upon motion by Larson, second 0 r370 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 by Mayer, and upon roll call and all present voting in favor, the rules were.suspended and the ordinance was given its second reading. A•mtoion was then made by Larson, second by Mayer, that the said ordinance be adopted as read and all present voting in favor, President Postier declared the said ordinance duly passed and adopted.. . An Ordinance relating to misdemeanor offesnes; the use of Offensive, Abusive or obscene.language in the presence of another; providing for a penalty for the violation thereof; amending Rochester _Code of Ordinances, Section 200.070, was given its second reading. A motion was made by Strain,.second by Kamper, that the said ordinance be adopted as read and all present voting in favor,'President Positer declared the said ordinance duly passed and adopted. An ordinance relating to disorderly conduct; imposing penalties for the violation thereof; amending Rochester Code-of--Ordinances;•-Section-201.030, was given its first reading. An Ordinance relating -to the Rochester Subdivision Ordinance and amending Rochester Code of Ordinances, Sections 41.201 and 41.112, was given its first reading. Upon motion by'Larson, second by Mayer, -and --upon roll call and all present voting in favor, the rules were suspended and the ordinance was given.its second reading.- A motion was then made by Larson, second by Mayer, that the said, ordinance be'adopted as read and all present voting in favor, President Postier delcared the said ordinance duly passed and adopted. Alderman McNary said there was no good way to get from 14th Avenue Southwest to Apache Shopping Center and said he would like to see some kind of path put there. Upon motion by McNary, second by Strain, and all present voting in favor, the matter was referred to the Public Works Committee. Upon motion by McNary, second by Mayer, and all present voting in favor, the meeting was adjourned until 7:30 o'clock P. M. The meeting was called to order again at 7:30 o'clock P. M., the following members being present: President Positer, Aldermen Kamper, Larson, Mayer, McNary, Strain. Absent: Alderman Powers. Hearing on improvements - street construction, sanitary sewer, storm sewer, watermain and service connections in 1st Avenue S. E. from 9th to 9� Street Southeast. There was no one present to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Mayer, to proceed and instruct the City Engineer to prepare necessary plans; all present voted in favor. (The City Engineer reported that the construction have been completed but the work that still has to be done is to acquire right- of-way from one of the property owners). Hearing on the application for a temporary use permit to sell melons and sweet corn from trucks and trailers on corners located at 1608 2nd St. S.W.; 3rd Avenue and 4th Street S.E.; Crossroads Center S. W. and llth Avenue and 5th Street N.W. The recommendation of the Planning and Zoning Commission was that the application be approved subject to (1) the 1 C� 1 1 • 1 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 37 1 • 1 • permit is valid -until midnight October 31, 1972 (2) Use does not interfere with traffic flow (3) All signs must have a permit, -and operator comply with Sign Ordinance in all respects (4) all areas are policed and kept in good clean condition and (5) all -sales display areas are private property and not on public property. There was•no one }:present wishing to be heard. President-Postier declared the hearing officially closed. Upon motion by Strain, second by Mayer, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare a.resolution granting the temporary use permit, with the five listed stipulations. Hearing on petition to rezone Lots 1-7 and Lots 6-12, Block 8, Original Plat from the B-lb District to the B-3 District (west and east -side of 2nd Avenue S. W. between 4th Street S. W. and 5th Street S. W.) The recommendation of the Planning and Zoning Commission -was to approve the -zone change. Mr. Jim Mork, Attorney from Blooming Prarie, Minnesota, appeared in behalf of Dr. C. R. Holland one of the abutting property owners and spoke in opposition to the zone change, he also presented a petition with 12 signatur.es of property ;:owners within the 200 foot perimeter. Mr. Robert Ddmaille, representing Postier & Eggers, Inc.,spoke in favor of the zone change, he said they had two vacant lots and intended to keep their business downtown and felt this change -was warranted. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Mayer, second by Strain, that the zone change be denied and all present voting in favor of the motion, except President Postier and Alderman-McNary who "abstained", -President Postier.declared the motion carried and the zone change denied. Hearing on application for a variance to allow -a carport -to -be built into the sideyard•on property located at 4011 7th Street N. W. The recommendation of the Planning•and Zoning Commission was•to allow a carport to be built to within 3.0 feet of the east side lot line. Mr. Max Dowhaniuk, the -petitioner, was present and urged approval. -There was none else present wishing to be heard: President Postier declared the hearing officially closed. A motion was made by Larson, second by McNary, that the petition be denied and all present voting in favor, except Alderman Mayer who voted "nay", President Postier declared the motion carried and the petition denied. Hearing on petition*to vacate the northerly petition of the dul-de-sac at the end of 152-Street N. W. in Wilson Hills Subdivision. The -recommendation of the Planning and Zoning Commission that this petition be granted approval subject to the city retaining a suitable utility easement for the gas main that is in place. There was no one present wishing to be heard. A motion rags. ©ade by; Larson., second by Kamper, to continue -.-.this hearing until the meeting of August 21, 1972; all present voted in favor. A motion was made by Larson, second by McNary, and passed unanimously that the semi-monthly bills, list attached, in the amount of 423,580.89 be approved. Upon motion by Strain, second by Larson, and all present voting in favor, a resolution was adopted ordering bids for sanitary sewer, storm sewer, watermain and service 0 connections on 1st Avenue'S. E. from 9th to 9� Street S. E. (Job 8416 and Project 6301-2-72). Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1972 Hearing on application for approval of revisions to the Community Development Project known as Summit Square Subdivision. The recommendation of the Planning and :Zoning Commission was for approval. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Mayer, that. the application be approved and the City Attorney be instructed to prepare a resolution, subject to the conditions listed in the Planning recommendation being taken care of; all present voted in favor. (Mr. Gordon Gjelten was present and said that all of the stipulations would be taken care of). Upon motion by Kamper, second by Strain, and all present voting in favor, the application of Alan J. Fisher for a permit to hold dance at the Mayo Civic Auditorium was approved. President Postier stated there were a number of interested people in the audience in regard to Mobile Homes and Trailers Prohibited - Except as adopted in .the new Zoning Ordinance; he read the following Section 63.213 of the new Zoning Ordinance: 63.213. MOBILE HOMES AND TRAILERS PROHIBITED --EXCEPT:• No.person shall park or occupy any mobile home.or other -type of trailer on any premises in any district outside an approved mobile home park, except as a conditional use in a commercial and industrial district and except as hereinafter provided. The parking of an unoccupied mobile home or other type of trailer shall be permitted in any district in the following areas provided no permanent living quarters shall be maintained or any business conducted in such mobile home or trailer while so parked or stored: (a)in an accessory private garage building; or (b) in a rear yeard; or (c) on an established driveway in a side yard or front yard but in such case not to exceed three consecutive days of parking, whether intermittent or not, at any time. A petition with 179 signatures in opposition to this section was presented. Marvin Fitzthum of 1421 8th Aenue S.E., Sandy Smith of 1505 16th Avenue N.W., Robert Hague of 3833 4th Place v N. W., William Burrows Jr. of 2605 15th Avenue N.W., Bill Gernes of 118 21st Street S.E., Robert Langton of 716 6th Street S. E.,!.F,rank Lebeck of 718 2nd Avenue N. W. and John Rust of 816 17th Avenue N.E. were each heard. Sandy Smith read an article entitled "Fight for Your RV Rights" which was published in the August issue of Trailer Life. The petition recommended that (c) of the above section read, -."on an established driveway in a side yard, provided in all cases that they be kept in good repair and not objectionable to the neighbor"; Earl Weeks of 1225 9th Avenue S. E. (14 years old) was not heard but he was the orie that prepared the petition. A motion was made by Mayer, second by Strain, that this be referred back to the Planning and Zoning Commission, the Committee of the Whole to meet and make recommendations to the Planning & Zoning Commission before their meeting; all present voted in favor. Terry Toddie of 1431 1st Street N. W. was present and spoke in favor oats being licenses, she said they had many pets and birds that were killed by the cats and felt they should be shut up. Dr. William Hancock;of 805 14th Avenue S. W. and three other young doctors were present and spoke particularly against the provision that allows the Pound Master to u shoot any dog that can not be apprehended. Peggy Naas of 721 2nd Avenue N..W. spoke against •1 the licensing of cats, whe said it was almost impossible to keep a cat tied and did not think they were the type of animal that should be caged in. Resolution amending the resolution adopted on February 1, 1972 approving the • 1 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., ' August 7, 1972 3'79� • 1 1 • �i community development project known as Summit Square Townhouse Community so as to permit the construction of townhouse units as they are sold in lieu of the construction of all units in each phase after all units are pre -sold. Upon motion by Kamper, second by Larson, and all present voting in favor, resolution adopted. Resolution approving temporary use for sale of melons -and sweetcorn by the Youth Employment Porject at (1) 1608 2nd St. S.W. (2) 3rd Ave. and 4th St. S.E. (3) Farm and Home Lot at Highway 63 South 4t 14th St. S.W. and (4) llth Avenue and 5th Street N. W.; subject to the following conditions (a) the permit is valid until midnight October 31, 1972 (b) such use shall not interfere with the flow of traffic (c') all signs shall have a permit and shall be in conformity with the applicable sign regulations (d) all areas shall be policed and kept in a neat and clean condition and (e) all sale display areas shall-' be on private property and not on public property. Upon motion by Mayer, second by Larson,. and all present voting in favor, resolution adopted. Upon motion by Mayer, second by McNary, and all present voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on August 21, 1972. Cit jClerk INFORMATION 8/7/72 1. Minutes of Standing Committees 7/17/72 2. Minutes of the Standing Committee 7/31/72 3. Petition for relief from Sidewalk Ordinance (referred to Engineer) 4. Letter concerning licensing of pets 5. Letter from Mayo Clinic to P.C.A. 6. Request to purchase City property - Gene Pestka (referred to Finance Committee) 7. Referred to Planning and Zoning - a. petition to vacate Lots 1,2,11,12 and 13, Northwood 3rd Addition (J.E. Maldonado) b. petition to rezone property on T.H.52 North from R-3 to B-lb and B-3 (Thorp Financ c. application to revise Community Development Project for Summit Square Addition d., application to vacate a portion of the alley in Block 36, Original Plat (Park Heights Towers Corp.) e. application to convey property by metes and bounds description at 812 - 8th Avenue S.W..(Richard Wagoner) 8. Letter from City Attorney comparing trailer restrictions in old and new Zoning Ordinan n