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250495 ORIGtNAL TO C;ITY Cl6RK M��5 . CITY OF ST. PAUL FOE NCIL NO. a OFFICE OF THE CITY CLERK PRESENTED BY �N RESOLU N—GENERAL FORM COMMISSIONE � ATF WHEREAS, Clarence C. Bialka ma.de application to rezone property situated on the east side of Westminster Street between Cottage and Hyacinth Avenues in the City of Saint Paul, more particularly described as follows : Lots 34, 35, 42 and the south 50 feet of Lot 43, J. W. Bass ' Acre Lots; from an "A" Residential District to a "C" Residential District for the construction of a 134-unit apartment building; and WHEREAS, the City Council did wote on November 25, 1969, by a four to three margin to rezone the property; and WHEREAS, the City Clerk, pursuant to Section 64.06 of the Saint G Paul Legislative Code which requires a two-thirds majority vote on rezoning matters, recorded the vote as "The Ordinance Failed of p � Adoption, Requiring 5 Votes" and refused to publish same; and w - o � WHEREAS, the Honorable John W. Graff, one of the judges of the n�. $� Ramsey County Dist'rict Court, did rule on Ma.y 25, 1970, that that ¢ o part of Section 64.06 requiring a two-thirds ma.jority vote was � y invalid; and � � WHEREAS, the City Council in complying with the decision of the Honorable John W. Graff, finds it necessary to pass the rezoning ordinance of November 25, 1969, and to correct the Council minutes for November 25, 1969, so as to show tha.t the ordinance was adopted; now, therefore, be it RESOLVED, that the ordinance rezoning the property situated on the east side of Westminster Street between Cottage and Hyacinth -Avenues in the City of Saint Paul from an "A" Residential District to a "C" Residential Distric� be published to read as follows : COUNCILMEN Adopted by the Council 19— Yeas Nays Butler Carlson Approve� 19— Levine _�n Favor Meredith Sprafka • Mayor A gainst Tedesco Mr. President, McCarty � OR161NAL TO CITY CL6RK �� 7 l� CITY OF ST. PAUL couNCi� '� -�' � • OFFICE OF THE CITY CLERK H�E NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER �ATF Page 2 "An ordinance amending the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. 'I'h.at the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following described property from "�i�' Residence District to "C" Residence District, to-wit: Lo�s 34, 35, 42 and the south 50 feet of Lot 43, J. W. Bass ' Acre Lots; Situate on property located on the east side of Westminster Street between Cottage and Hyacinth Avenues in the City of Saint Paul. Section 2. The ordinance shall take effect and be in force thirty (30� days from and after its passage, approval and publication;" and, be it COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler Carlson Approve� 19— Levine _ln Favor Meredith Sprafka Mayor Tedesco A Bainst Mr. President, McCarty �� ' �5��5 ORIGINAL TO CITY CLERK . , CITY OF ST. PAUL ��NCa NO. • OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONEQ DATF Page 3 FURTHER RESOLVED, that the City Clerk correct the Council minutes for November 25, 19� to read as follows : �� "C. F. 243319 FINAL ADOPTION An ordinance rezoning Lots 34, 35, 42 and the south 50 feet of Lot 43, J. W. Bass ' Acre Lots; situated on the east side of Westminster Street between Cottage and Hyacinth Avenues in the City of St. Paul, to "C" Residence District." ,� - -- Roll"call on Final Ado tion of the Ordinance. P Yeas - 4 - Comsrs. Carlson, Meredith, Sprafka, Tedesco. Nays - 3 - Comsrs. Dalglish, Peterson, Mr. Pres. Byrne. Adopted. " � � A�t. tporatid� Coun�el S�,P i l 1970 COUNCILMEN Adopted by the Councii 19— Yeas Nays Butler p � 7 197� Caxlson A rove 19— Levine � Tn Favor - Sprafka � or Tedesco ASainst � Mr. Vice President Meredith p�g��gMEp gEp 2 6 �9T0 �� DUPLRGITi TO rRIN7ER ��0�� . ' CITY OF ST. PAUL ��p� NO ;� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ne�s�c er COMMISSIONFIt �A*� WHER�AS, Clarence C. Bialka made application to resone property 'situated on the east side of Wes�minster Street "bet��n Cottage and Hyacinth Avenuea in the City of Saint Paul, more particularlq described as followas Lots 34, 35, 42 and the ao!uth 50 feet of Lot 43, J. W. Bass' Acra Lots= � from an "A" Residential District to s "C" �tesidantial Diatrict for the construction of a 134-unit apart�snt building= ai►d WEIEREAS, the City Crnsncil did �rore on November 25, i969� bq a four to three msrgin to re$one� the property� aad WHEREAS, the City Clerk, purauant to Section 64.06 of t� Saint Paul Legislative Code which requires a t�ro�thirde ma,�ori vota on reaoning matters recorded �t:he vote ae "The brdi�ass�ce Faf�ed of Adoption, Requir�ng 5 Vot�s and rsfused to publish eama; awd WHEREAS, the Iionorable John W. tiraff, on� of the ,judges of the Raoasey Count Diatxict Court, did rule on May 25, 1970� t�hat that ao s ` p t of &ect on 64.06 r�quiring a Gwrs•thirds ma�ori�r;; vo�e � ia�valid; end WHEREAS, the City Council in cosnplying with the decision o£ ths Honorable John W. Graff finda it n�ce�snry to pase the ra�r.oni�ng ordinence of Nove�anb�r 25, 1969, and to corract th� Counci�. mix;utes for November 25, 1969� sa as to show tt�t the ordinaace �s aulopted; rior�� th;e�efore, be 3�t RESqLVED, that th� osdinance res�on3.ng the ropertq sitviatad on the east side of Westminster Street bet�een Cot e and H�racinth Aveuus• in t�t►e City of Saint Paul fsrom an "A" Res deaCial Diatrict to a "C" Reaidential Diatri�t be publi�hed to read as foLlot�s COUNCILMEN Adopted by the Co�mri� 19— Yeas Nays Butler Carlson APProve� 19_ �°�e Tn Favor Meredith Mayor '`�p�� Aoninat Tedesco Mr. President, McCarty . �9 � DUrLtCAT6 TO lRIN7=R 250�`�95 , CITY OF ST. PAUL �� NO � OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ►��e,r COMMISSION� oATE ' Page 2 "An ordinaace mnending tru Zoning Code, Chap t�ers 60 to 64, inclusive of the Saiat Paul LagisZative Coda, p�rta�ning to Ute Districta� Height Dlstriets a�d Re of certain properties in th� Citq o��t Paul� ae �aended. THE COUNCIL OF THE CIfiY OF SAINT PAUL DOES ORDAINa Section 1. That the Zoning Cc�de, Ch�pters f>0 to 64, ittcluaive� of the Saint Pau1 Legislative Coda, pertaining to Use Diatricts, Height Di�tricta and Razaning of certair► prop �tiea in ttie Gity of Saint Pau�, as amended be aad the sam�e is herebrq futther amended so ;as t,c� re�c►ua the fo�.lo�ri deacribed proparty froaR "R" roa Residence Diatrict to "C" Residence iatrict, to-wttt� Lots 34, 35, 42 and the south 50 feet of Lot 43, J. W. Bass' Acre Lota= Situate on property laeated on the eait side of Westmi�nster Street bettveea Cottag� and Hyacinth Avenues in the City of Saint Paul. SQCtion 2. The ordi�nnce shall take effect and be in force thirtty {3p� da,�s from and after its p�assage,, approval and publicatian;" an�d� be it COUNCILMEN Adopted by the Council 19_ Yeas Nays Butler Carlson ApprovecL 19— �� Tn Favar Meredith Sprafka �� A oninat Tedesco Mr. Presideut, Mc�Carty �9 f o��,n,��.�,� 250 4�5 . � CITY OF ST. PAUL �uNC�� NO . OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ��r COMMISSIONEQ t1ATG Page 3 FURTHER RESOLVED, that the City Clerk correct the tk�tacicil mtnutes for Nove�nber 25, 19T0 to reed aa L�ollowe s "C. F. 243319 P'INAL ADOPTION An ordinance re�oning Lots 34, 35, 42 and , the saPuth 50 feet of Lot 43, J. W. Baas` Acre Lc�t�; situated on the east aide of � Westmin�ter Street between Cottage and Hyacinth Avenuem in the Cit� of $t. Paul� to "C" Reaideace Diatrict.' �t * * 1�011 call on Fin�l Adoption of the Ordirsance. 'Yeas » 4 - CAeners. Carl�on, Meredith, Sprafi�a� Tedeaco. Nays - 3 - Coaasrs. Dalglish, Peterson. Mr. Pres. Byrne. Adopted." covxcn.�rr Adopted by the Counc� SEP 17 1�701s� Yeas Naye But�er SEP 17 1910 Carlson Appro� 19_ Levine Tn Favor —�14eree�it�r—' Sprafka ��r A gainat Tedesco �� Mr. Vice President Meredith ��e �