Minutes 6-5-1996Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, June 5, 1996 - 3:30 PNI
PUBLIC HEARINGS AT 4:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
Present - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman Thune
Absent - 0
CONSENT AGENDA
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of Joint City Council and Planning Commission meeting of May 14, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of Darin Meyer, Jeffrey B. Peterson, and Rebecca Sanders.
Referred to Risk/Employee Benefit Management Division
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3. Letter from the Office of the City Attorney announcing a hearing before the City Council on June 12,
1996, to consider adverse action against licenses held by Rick D. Schmoll, dba Dairy Queen, 280 West
7th Street. (Uncontested)
4. Letter from the Office of the City Attorney announcing a hearing before the City Council on June 12,
1996, to consider adverse action against licenses held by Joe & Stan's, Inc., 949 West 7th Street.
(Uncontested)
5. Letter from the Office of the City Attorney announcing a hearing before the City Council on June 12,
1996, to consider adverse action against licenses held by Lou's Viaduct Inn, Inc., 1056 East 7th Street.
(Uncontested)
6. Letter from the Department of Planning and Economic Development announcing a hearing before the
City Council on June 12, 1996, to consider the application of Clint Dobratz to rezone property from
RM -3 (residential multiple family) to B -3 (general business) to allow a building addition with loading
dock on Charles Avenue at 2350 Territorial Road (south side between Raymond Avenue and Charles
Avenue).
7. Letter from the Department of Planning and Economic Development announcing a hearing before the
City Council on June 12, 1996, to consider the application of Ty Du Pham to rezone property from RT -1
(residential) to P -1 (parking) to allow construction of a parking lot for the business at 441 University
Avenue. (436 Sherburne Avenue and 498 Arundel Street, southeast corner of Sherburne and Arundel)
8. Letter from the Office of the City Attorney announcing a hearing before an administrative law judge
on June 20, 1996, 9:30 a.m., Room 40 -A, St. Paul City Hall, to consider adverse action against licenses
held by Herbert L. Howe, dba Cozy Cantina, 202 Concord Street.
9. Letter from the Real Estate Division announcing a hearing before the City Council on June 26, 1996,
to consider the vacation of a portion of the alley in Block 1, Macalester Park, from Cambridge Street to
Grand Avenue, to allow for construction of a student residence hall.
10. Letter from Saint Paul Public Health declaring 902 Sixth Street East as "nuisance property." (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
11. Communication from Saint Paul Animal Control dated May 28, 1996, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
12. Resolution - 96 -552 - Approving the appointment of Councilmember Dan Bostrom and the
reappointment of Councilmember Michael Harris to the Saint Paul Civic Center Authority. (Laid over
from May 29 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 96 -573 - Approving the appointment of Tewabech (Teba) Hailu Molla and the
reappointments of Jeff Dufresne, Ibrahim Ibrahim, Chantha Koy, Pacyinz Lyfoung, True Pham, Dianne
Siegel, and Patrick Xaphakdy, by Mayor Coleman, to the New Americans Advisory Committee. (To be
laid over one week for adoption)
Laid over to June 12 for adoption
14. Resolution - 96 -574 - Approving payment of $3,478.50 to American Family Insurance, as subrogee
for Dung Phan, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
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15. Resolution - 96 -575 - Authorizing the Director of the Department of Public Works to apply for a
$10,000 grant from Metropolitan Council Environmental Services.
Adopted Yeas - 7 Nays - 0
16. Resolution - 96 -576 - Authorizing submittal of a grant application to the Legislative Commission on
National Resources for the Como Lake Watershed Quality Improvements project.
Adopted Yeas - 7 Nays - 0
17. Resolution - 96 -577 - Authorizing the proper City officials to enter into a subgrant agreement with
the Ramsey County Soil and Water Conservation District in order to receive funds for administering the
Wetlands Conservation Act.
Adopted Yeas - 7 Nays - 0
18. Resolution - 96 -578 - Extending the grant contract with the Public Housing Agency of Saint Paul for
the teen council program at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 96 -579 - Amending Chapter A -1, Appendix to the Saint Paul Administrative Code,
pertaining to the Council Rules of Procedure.
Laid over to June 26 Yeas - 7 Nays - 0
20. Resolution - 96 -580 - Accepting the offer of the Saint Paul Civic Center Authority and the Saint Paul
Convention and Visitors Bureau to pay expenses for Mayor Coleman to attend the National Collegiate
Conference in Hilton Head, South Carolina for the purpose of making a bid on behalf of the City for the
NCAA to hold its men's basketball tournament in Saint Paul.
Substitute introduced and adopted Yeas - 7 Nays - 0
21. Preliminary Order - 96 -581 - In the matter of operating and maintaining the City -owned "Town
Square" public spaces located within Cedar Street, Seventh Street, Minnesota Street and Sixth Street,
and setting date of public hearing for August 7, 1996. (File 418113 -96)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Resolution - 96 -582 - Changing the language that created the Police Department's FORCE Program
to more accurately reflect practices.
Adopted Yeas - 7 Nays - 0
23. Resolution - 96 -583 - Authorizing and directing the proper City officials to execute a joint powers
agreement with the County of Ramsey providing for the consolidation and transfer of various public
health programs and functions.
Laid over to June 19 Yeas - 6 Nays - 1 (Guerin)
24. Resolution - 96 -479 - Requesting the establishment of a Taxicab Rate Review Committee. (Laid
over from May 22)
Withdrawn
25. Resolution Ratifying Assessment - 96 -542 - In the matter of grading and paving the alley in
Sandberg's Rearrangement and in Block 15 College Place East Division (bounded by Holton, Albert,
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Englewood and Hubbard). (File 418692) (Laid over from May 22)
Adopted Yeas - 6 Nays -1 (Guerin)
26. Resolution - 96 -555 - Amending the 1996 budget in the Office of Human Resources to reflect
collection of training fees. (Laid over from May 29)
Adopted Yeas - 7 Nays - 0
27. Resolution - 96 -558 - Canceling registered bills sent to Chautauqua on the River in the amount of
$40,914.14. (Laid over from May 29)
Adopted Yeas - 5 Nays - 2 (Blakey, Rettman)
28. D00927 Amending the 1996 budget in the Department of Public Works to better serve customers
through integrating communication strategies into service delivery. (Laid over from May 29)
Noted as on file in the City Clerk's Office
29. Resolution - 96 -584 - Adopting the Cultural District STAR Loan Program Guidelines.
Adopted Yeas - 7 Nays - 0 (Cultural District Star Loan Program Guidelines amended - Number 6
deleted)
ORDINANCES
30. Final Adoption - 96 -461 - Amending Sections 60.201, 60.218, 60.412, 60.542, 60.544, 60.612,
61.104, 62.103, and 63.107 of the Saint Paul Legislative Code pertaining to zoning.
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 96 -462 - An ordinance finalizing City Council action approving a petition of Plaza
Concepts, Inc. to create a commercial development district on property at 2431 West 7th Street.
Adopted Yeas - 6 Nays -1 (Rettman)
32. Final Adoption - 96 -485 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
pertaining to taxicabs; increasing the number of licenses available, removing the reference to metal
license tags, changing selection criteria for newly issued licenses, and making other minor housekeeping
changes.
Failed Yeas - 3 Nays - 4 (Blakey, Bostrom, Rettman, Thune)
33. Final Adoption - 96 -486 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
pertaining to taxicabs; requiring licensed drivers to yield to breathalyser tests upon request while on
duty, and other minor housekeeping changes.
Amended and laid over to June 12 Yeas - 7 Nays - 0
34. Second Reading - 96 -569 - An ordinance amending Section 33.07 of the Saint Paul Legislative Code
pertaining to electric fences.
Laid over to June 12 for third reading /public hearing
35. First Reading - 96 -585 - An ordinance amending Chapter 344 of the Saint Paul Legislative Code
pertaining to pawn shops; adding provisions for the City to participate in the Automated Pawn System
project initiated by the City of Minneapolis.
Laid over to June 12 for second reading
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
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36. Third Reading - 96 -548 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code
pertaining to the membership of the Skyway Governance Committee.
Substitute introduced and laid over to June 12 for final adoption Yeas- 7 Nays - 0
37. Resolution - 96 -586 - Approving application for a State Class B Gambling Premise Permit by Lady
Slipper Chapter of American Business Women's Association at Gallivan's, 354 North Wabasha Street.
(ID 413- 03162)
Adopted Yeas - 7 Nays - 0
38. Resolution - 96 -587 - Approving application for a Gambling Manager's License by Lady Slipper
Chapter of American business Women's Association at Gallivan's, 354 North Wabasha Street. (ID
423430)
Adopted Yeas - 7 Nays - 0
39. Resolution - 96 -588 - Approving application for a Gambling Manager's License by TSE, Inc. at
Coach's Pub, 1192 North Dale Street. (ID 498070)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
40. Resolution - 96 -589 - Approving application for a State Class B Gambling Premise Permit by TSE,
Inc. at Coach's Pub, 1192 North Dale Street. (ID 4 Pending)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
41. Resolution - 96 -590 - Approving application for an Entertainment -A License by Costello's, Inc.
(George Costello), 393 Selby Avenue. (ID 462728)
Adopted as amended (With conditions being added) Yeas - 6 Nays - 0 (Guerin not present for
vote)
42. Resolution - 96 -591 - Approving application for a Gas Station, Grocery -C, and Cigarette License by
Citgo Market (Bee Vang), 719 Payne Avenue. (ID 494696)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
43. Resolution - 96 -592 - Approving application for a State Class B Gambling Premise Permit by
Church of the Incarnation at Ace Box Bar, 2162 University Avenue. (ID 413- 00639)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
44. Resolution - 96 -593 - Approving application for a Gambling Manager's License by Church of the
Incarnation at Ace Box Bar, 2162 University Avenue. (ID 469996)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
45. Resolution - 96 -594 - Approving application for an Original Container, Restaurant -C, Cigarette, Gas
Station, and Auto Repair Garage License by Cleveland 66 (Randy Williams), 2058 Grand Avenue. (ID
476151)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
46. Resolution - 96 -595 - Approving application for an Auto Body Repair Garage License by T C Paint
and Collision Repair (Thomas Kulp), 550 Vandalia Street. (ID 419416)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
47. Resolution - 96 -596 - Approving application for a Parking Lot /Ramp License by Parking Services,
Inc., dba Embassy Surface Parking Lot (Douglas Hoskin), 168 10th Street East. (ID 412693)
Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote)
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48. Resolution - 96 -597 - Approving application for a Parking Lot /Ramp License by Parking Services,
Inc., dba Spruce Tree Centre Parking Ramp (Douglas Hoskin), 1600 University Avenue. (ID 410719)
Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote)
49. Resolution - 94 -1577 - Ordering the owner to remove or repair the building at 833 -835 Selby
Avenue within fifteen (15) days from adoption of resolution. (On October 18, 1994, Legislative
Hearing Officer recommended 180 days layover in Legislative Hearings) (Laid over from December
20, 1995)
Adopted as amended per Legislative Hearing Officer's recommendation
Yeas - 7 Nays - 0
50. Resolution - 96 -463 - Concerning adverse action against Taxicab Driver's License of George L.
Singer, 1283 Edmund Avenue. (Uncontested) (Laid over from May 1)
Withdrawn
51. Resolution - 96 -527 - Approving the 1996 -1997 Housing Action Program. (Laid over from May 22)
Laid over to June 19 Yeas - 6 Nays - 0 (Thune not present for vote)
52. Resolution - 96 -538 - Ordering the owner to remove or repair the building located at 275
Commercial Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends the owner be granted 180 days to bring the building into compliance provided a
$2,000 performance bond is posted by the May 22 City Council meeting) (Laid over from May 22)
Laid over to July 3 Yeas - 6 Nays - 0 (Guerin not present for vote)
53. Resolution Ratifying Assessment - 96 -598 - In the matter of the assessment of benefits, cost and
expenses for improving the east -west alley and the easterly north -south alley in Block 44, St. Anthony
Park North, by grading and paving with bituminous materials, (bounded by Commonwealth, Como,
Knapp and Chelmsford). (File 418735)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
54. Resolution Ratifying Assessment - 96 -599 - In the matter of the assessment of benefits, cost and
expenses for Places to Park Project for a parking lot on Case Avenue near Arcade Street. (File 418743)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
55. Resolution Ratifying Assessment - 96 -600 - In the matter of the assessment of benefits, cost and
expenses for Places to Park Project for a parking lot on Grand Avenue (IHM Parking Lot) near Snelling
Avenue. (File 418745)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
56. Resolution Ratifying Assessment - 96 -601 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the west side of Greenbrier Street from East Rose Avenue to
East Maryland Avenue and the north side of East Rose Avenue from Payne Avenue to Greenbrier Street.
(File 4S95003)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
57. Resolution Ratifying Assessment - 96 -602 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the north side of Wordsworth Avenue from Edgcumbe Road to
Sue Street and sidewalk reconstruction at 1860, 1864 and 1872 Wordsworth Avenue. (File 4S95005,
S95006)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
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58. Resolution Ratifying Assessment - 96 -603 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the east side of Orleans Street from West Stevens Street to West
King Street; the north side of West King Street from Ohio Street to Orleans Street and the south side of
West Stevens Street from Ohio Street to Orleans Street. (File 4595007)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
59. Resolution Ratifying Assessment - 96 -604 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on Blair Avenue, Midway Parkway, West Minnehaha Avenue and
Raymond Avenue. (File 4S95009-
595016)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
60. Resolution Ratifying Assessment - 96 -605 - In the matter of the assessment of benefits, cost and
expenses for construction of new sidewalks on both sides of South Albert Street from Randolph Avenue
to Highland Parkway. (File 4595030)
Adopted Yeas - 7 Nays - 0
61. Resolution Ratifying Assessment - 96 -606 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the east side of Jackson Street from East Geranium Avenue to
East Rose Avenue; the south side of East Maryland Avenue from Jackson Street to approximately 66
feet west of Jackson Street; and the west side of Jackson Street from East Maryland Avenue to
approximately 30 feet south of East Maryland Avenue. (File #595031, 595032)
Adopted Yeas - 7 Nays - 0
62. Resolution Ratifying Assessment - 96 -607 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the east side of North Victoria Street from Summit Avenue to
Portland Avenue and the south side of Portland Avenue from North Victoria Street to approximately 100
feet east of North Victoria Street. (File 4595033)
Adopted Yeas - 7 Nays - 0
63. Resolution Ratifying Assessment - 96 -608 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the south side of Munster Avenue from Davern Street to West
Seventh Street. (File 4595034)
Adopted Yeas - 7 Nays - 0
64. Resolution Ratifying Assessment - 96 -609 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction at 2223 Fairmount Avenue. (File 4595035)
Adopted Yeas - 7 Nays - 0
65. Resolution Ratifying Assessment - 96 -610 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction at 1737 Lincoln Avenue. (File 4595036)
Adopted Yeas - 7 Nays - 0
66. Resolution Ratifying Assessment - 96 -611 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on both sides of Duluth Street from Ross Avenue to East Seventh
Street. (File 4595037)
Adopted Yeas - 7 Nays - 0
67. Resolution Ratifying Assessment - 96 -612 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on both sides of Fremont Avenue from Arcade Street to Mendota
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Street, and the north side of Margaret Street from East Seventh Street to approximately 80 feet east of
East Seventh Street. (File 4S95041, 4S95042)
Adopted Yeas - 7 Nays - 0
68. Resolution Ratifying Assessment - 96 -613 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the west side of Edgerton Street from York Avenue to Case
Avenue; both sides of East Lawson Avenue from Mississippi Street to Westminster Street; and both
sides of East Lawson Avenue from Westminster Street to Arkwright Street. (File 4S95043, S95045)
Adopted Yeas - 7 Nays - 0
69. Resolution Ratifying Assessment - 96 -614 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the west side of Erie Street from Jefferson Avenue to Palace
Avenue; both sides of Leech Street from Forbes Avenue to McBoal Street; and both sides of McBoal
Street from Leech Street to North Smith Avenue. (File 4S95050, S95051)
Adopted Yeas - 7 Nays - 0
70. Resolution Ratifying Assessment - 96 -615 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the north side of Graham Avenue from Sue Street to Norfolk
Lane; elimination of driveway and replace with standard curb, per property owner request, at 1927 Juliet
Avenue. (File 4S95077, S95078)
Adopted Yeas - 7 Nays - 0
71. Resolution Ratifying Assessment - 96 -616 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction at 1345 and 1347 Summit Avenue. (File 4S95103)
Adopted Yeas - 7 Nays - 0
72. Resolution Ratifying Assessment - 96 -617 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction with integral curb at 2237 Commonwealth Avenue. (File 4S95104)
Adopted Yeas - 7 Nays - 0
73. Resolution Ratifying Assessment - 96 -618 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction at 1084 Kilburn Street. (File 4S95107)
Adopted Yeas - 7 Nays - 0
74. Resolution Ratifying Assessment - 96 -619 - In the matter of the assessment of benefits, cost and
expenses for construction and /or reconstruction of sidewalks at the following locations: 794 Dayton
Avenue, 175 North Victoria Street, 775 Jefferson Avenue, 1382 Bayard Avenue, 1818 and 2017
Bohland Avenue, 1703 Rome Avenue, 1880, 1886 and 1890 Yorkshire Avenue, 1514 Englewood
Avenue, and 1095 Desoto Street. (File 4S95109)
Adopted Yeas - 7 Nays - 0
75. Resolution Ratifying Assessment - 96 -620 - In the matter of summary abatement (property clean -up)
from mid - October to January 5, 1996, for property located at 2199 Minnehaha Avenue East (J9604A4),
and summary abatement (property clean -up, snow removal, and /or sanding sidewalks) for January and
February 1996 for property located at 854 Lawson Avenue (J9605AA)
2199 Minnehaha Avenue East (Laid over from April 24) - Legislative Hearing Officer
recommends approval.
854 Lawson Avenue - Laid over to June 4 Legislative Hearing
Adopted as amended (854 Lawson Avenue laid over to June 4 Legislative Hearing)
Yeas - 7 Nays - 0
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76. Resolution - 96 -621 - Vacating that part of Thompson Street lying northerly of the north right -of-
way of Grand Avenue and southeasterly of the southeast right -of -way of relocated Thompson Street.
Adopted Yeas - 7 Nays - 0
77. Public hearing to consider the appeal of Waldon Baranuk to a decision of the Board of Zoning
Appeals requiring the removal of existing front yard parking spaces as a condition of approval for a
variance to allow construction of a second detached garage at 54 Manitoba Avenue.
Appeal granted and an additional variance granted Yeas - 7 Nays - 0
78. Public hearing to consider the appeal of Degidio's restaurant, John Degidio, to a decision of the
Board of Zoning Appeals granting setback and parking variances to allow construction of a new
building and parking lot for the Salvation Army at 401 West 7th Street.
Laid over to June 12 Yeas - 7 Nays - 0
Suspension Items
Resolution - 96 -622 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1925 Norfolk Avenue, 549 Dayton Avenue, Sky Bridge
424 and 754 East Sixth Street.
Adopted Yeas - 7 Nays - 0
Resolution - 96 -623 - Agreeing to hold a City Council closed meeting on June 12, 1996, at 2:30 p.m. in
the Northwest Conference Room, 3rd Floor, City Hall, to consider strategy for labor negotiations.
Adopted Yeas - 7 Nays - 0
First Reading - 96 -624 - An interim ordinance preserving the status quo with respect to the use of
property within the City of Saint Paul pending the completion of studies of possible amendments to the
City's Comprehensive Plan and Zoning Regulations relating to Recycling Processing Centers.
Laid over to June 12 for second reading Yeas - 7 Nays - 0
Resolution - 96 -625 - Agreeing to temporarily prohibit the establishment of any automobile shredder
operating as a Recycling Processing Center until a study of the City's Comprehensive Plan and Zoning
Regulations has been completed.
Adopted Yeas - 6 Nays -1 (Rettman)
Resolution - 96 -626 - Declaring June 1 through June 30, 1996, to be Gay, Lesbian, Bisexual and
Transgender Pride Celebration, and June 23, 1996, to be Gay, Lesbian, Bisexual, and Transgender Pride
Day in the Twin Cities.
Adopted Yeas - 5 Nays - 2 (Bostrom, Guerin)
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