Minutes 6-9-1999Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, June 9, 1999 - 3:30 - 5:00 P.M.
PUBLIC HEARINGS 5:30 - 6:30 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
Present - 6 - Benanav,Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman(arrived after the consent agenda)
Web Index
• Consent Agenda
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA(Items I - 23)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL BE ENACTED BY ONE
MOTION. THERE WILL
BE NO SEPARATE DISCUSSION OF THESEITEMS. IF DISCUSSION IS DESIRED, THAT ITEM
WILL
BE REMOVED FROM THE CONSENT AGENDAAND CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of May 5,1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Patrick Weinbergand Barott William.
Refered to the Employee /RiskManagement Office
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3. Letter from Gerry Strathman,Secretary to the City Council, to Mayor Coleman requesting two
reportsfrom the Administration to be presented at the City Council meeting on June 23 , 1999,
regarding consolidation ofthe Police and Fire Emergency Communications Centers, and a report on
Cityactivities directed toward the possible construction of a major leaguebaseball stadium in St. Paul.
(Amended on June 2)
4. Letter from the Office ofLicense, Inspections and Environmental Protection announcing a public
hearingbefore the City Council on June 23 , 1999to consider the application for a sound level
variance by the Saint PaulSaints Baseball Club for a live music concert to be held on July 3,1999 from
4:00 p.m. to 10:00 p.m. (Amended on June 2)
5. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council
onJune 23, 1999, concerning adverse action against licenses held by CompleteWith Dirt Salvage
Company, 872 Payne Avenue. (Uncontested)
6. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council
onJune 23, 1999, concerning the license application of Frederico Cprtes,dba Fred's Auto Repair, 943
Maryland Avenue East. (Uncontested)
7. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council
onJune 23, 1999, to consider the report of the Administrative Law Judge concerningthe License
Application of Abdulhadi K. Abrahim, dba Mona's for a 3.2 MaltOff -Sale License at 920 Selby Avenue.
8. Eminent Domain Petition inthe matter of Independent School District 4625 acquisition of 718 and
772York Avenue.
Referred to the City Attorney'sOffice
9. Resolution - 99 -483 - Approvingthe Memorandum of Understanding between the City of Saint Paul
and theTri- Council Laborers Local 132. (To be laid over one week for adoption)
Laid over to June 16 foradoption
10. Resolution - 99 -484 - Approvingthe January 1, 1998 through December 31, 1999 Collective
Bargaining Agreementbetween the City of Saint Paul and the Saint Paul Fire Supervisory Association.
(To be laid over one week for adoption)
Laid over to June 16 foradoption
11. Resolution - 99 -485 - Approvingthe January 1, 1999 through December 31, 2000 Collective
Bargaining Agreementbetween the City of Saint Paul and the St. Paul Supervisors Organization. (To be
laid over one week for adoption)
Laid over to June 16 foradoption
12. Resolution - 99 -486 - Honoring the 50th Wedding Anniversary of Clement and Mary Kachelmyer
onJune 9, 1999.
Adopted Yeas - 7 Nays- 0
13. Resolution - 99 -487 - Approvingthe decision of the Legislative Hearing Officer on Property Code
EnforcementAppeals for property located at:
. 255 Summit Avenue,
. 2077 Commonwealth Avenue,
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. 1388 Hewitt Avenue,
. 972 Ashland Avenue,
. 1439 Ashland Avenue,
. 1516 Ashland Avenue,
. 1703 Ashland Avenue,
. 1726 Ashland Avenue,
. 625 Chatsworth Street North,
. 1563 Charles Avenue,
. 1630 Concordia Avenue,
. 1562 Edmund Avenue,
. 284 Exchange Street South,
. 326 George Street West,
. 972 Goodrich Avenue,
. 1091 Goodrich Avenue,
. 1168 Grand Avenue,
. 1439 Grand Avenue,
. 1506 Grand Avenue,
. 1516 Grand Avenue,
. 1722 Grand Avenue,
. 2294 Highland Parkway;
. 496 Holly Avenue,
. 499 Lexington Parkway South,
. 876 Lincoln Avenue,
. 1990 Marshall Avenue,
. 1823 Portland Avenue,
. 1831 Portland Avenue,
. 1985 Portland Avenue,
. 1112 Randolph Avenue,
. 1130 Randolph Avenue,
. 1144 Randolph Avenue,
. 1500 Randolph Avenue,
. 1510 Randolph Avenue,
. 1240 St. Clair Avenue,
. 1248 St. Clair Avenue,
. 1923 St. Clair Avenue,
. 1665 Selby Avenue;
. 1447 Seventh Street East,
. 1511 Seventh Street West,
. 195 Snelling Avenue North,
. 277 Wilder Street North,
. 1607 Hewitt Avenue,
. 444 Page Street East,
. 578 Como Avenue,
. 174 Charles Avenue,
. 1784 Selby Avenue, and
. 1528 Grand Avenue.
Adopted Yeas - 6 Nays - 0
14. Resolution - 99 -488 - FinalizingCity Council action taken May 26, 1999, revoking the auto repair
garagelicense held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road.
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Adopted Yeas - 6 Nays - 0
15. Resolution - 99 -489 - Recommendingthat $21 million of capital bonding be included in the
Governor's 2000Capital Budget request in order for the Como Zoo and Conservatory
EducationResource Center to have a greater opportunity for approval in the 2000Session.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99 -490 - Revisingparagraph four (4) of Civil Service Rule 5.E. to read: "Upon
notificationof a candidate's intent to file an appeal, no appointments will be madefrom a promotion
eligible list until the hearing decision has been made."
Adopted Yeas - 6 Nays - 0
17. Resolution - 99 -491 - Authorizingan extension, through April 30, 2002, of the term of Lease
Agreement PD /17of 3,385 square feet of office space at 1441 Rice Street for the NorthEnd Police Team
Station.
Adopted Yeas - 6 Nays - 0
18. Resolution - 99 -492 - Approvingand authorizing the issuance of a grant to Frogtown Action
Alliance, Inc.through the Great Northern Corridor Fund, Thomas -Dale District 7, Wardl .
Adopted Yeas - 6 Nays - 0
19. Resolution - 99 -493 - Agreeingto hold Macalester College harmless for the City's use of their
athletictrack for youth track programs.
Adopted Yeas - 6 Nays - 0
20. Preliminary Order - 99 -494- In the matter of sidewalk reconstruction in Wards 1, 2, 5, and 6,
andsetting date of public hearing for July 28, 1999. (File 4S99096- S99104)
Adopted Yeas - 6 Nays - 0
21. Preliminary Order - 99 -495- In the matter of sidewalk reconstruction on the south side of
JulietAvenue from South Hamline Avenue to South Syndicate Street at 1298, 1304& 1306 Juliet
Avenue; and both sides of Woodlawn Avenue from Ford Parkwayto Highland Parkway, and setting date
of public hearing for July 28, 1999.(File 4S99105- S99106)
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment- 99 -496 - In the matter of painting the skyway bridges in
downtown, andsetting date of public hearing for July 28, 1998. (File 418831)
Adopted Yeas - 6 Nays - 0
23. Resolution Approving Assessment- 99 -497 - In the matter of installation of a Fire Protection System
at656 Selby Avenue, and setting date of public hearing for July 14, 1999.(File 4FP9801)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
24. Report from the Administrationregarding the "Principles of Participation" by the Saint
Paul 7eWorks! Alliance. (Report requested by the City Council on May 19, 1999)
A report was presented byJoe Reid, Office of Financial Services
(See suspension item #99- 549for resolution introduced under suspension)
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25. Resolution - 99 -465 - Approvinga budget amendment to the City's contribution to the Science
Museum ofMinnesota project. (Laid over from June 2)
Substitute introduced andadopted as amended Yeas - 7 Nays - 0
26. Report from the Divisionof Parks and Recreation on the Initial Lease Term and any Extended
LeaseTerms regarding the Saint Paul Yacht Club's performance on the specificprovisions contained in
Lease Agreement paragraphs 7.1.4, 7.1.5, 7.2.3,7.2.20, and 7.2.21. (Requested by the Council on April
7, 1999, C.F. 99- 306)(Laid over from June 2)
A report was presentedby Mike Hahm, Division of Parks and Recreation
27. Report from the Directorof the Department of Planning and Economic Development on
recommendationsfor developing an annual competitive process for awarding the City's allocationof
Federal Low Income Housing Tax Credits and the STAR Board Review Process. (Requested by the
Council on April 21, 1999, C.F. 99 -360) (Laid over fromJune 2)
A report was presentedby Brian Sweeney, Acting Director of the Department of Planning and
EconomicDevelopment.
ORDINANCES
28. FinalAdoption - 99 -395 - An ordinance to establish a distance limitation betweenestablishments
licensed to sell 3.2 percent malt liquor at off -sale. (Sub stituteintroduced on May 26) (Laid over from
June2)
Substitute introduced andlaid over to June 16 Yeas - 7 Nays - 0
29. Final Adoption - 99 -416 -An ordinance finalizing City Council action approving the application
ofMichael Nadeau to rezone property at 377 West Maryland Avenue from B -3to R -4 to reflect current
use of the property. (Laid over from June 2)
Adopted Yeas - 7 Nays - 0
30. SecondReading - 99 -474 - An ordinance amending Chapter 34 of the LegislativeCode to remove
obsolete references to the "Uniform Building Code" and changingthese references to the "State Building
Code."
Laid over to June 23 forthird reading /public hearing
31. First Reading- 99 -498 - Anordinance amending Chapter 101 of the Saint Paul Administrative Code
topermit more than one alternate commissioner to serve at one time.
Laid over to June 16 forsecond reading
32. First Reading - 99 -499- An ordinance amending Chapter 278 of the Saint Paul Legislative
Code;citing the fee for a gambling hall license to Chapter 310.
Laid over to June 16 forsecond reading
33. First Reading - 99 -500- An ordinance amending Chapter 310 of the Saint Paul Legislative
Codechanging license classifications from I, II, and III to "R" for routinelyissued licenses, "T" for
temporary licenses, and "N" for licenses in whichneighbors are required to be notified; also amending
several license feesand modifying license categories to reflect enforcement costs.
Substitute introduced andlaid over to June 16 for second reading
34. First Reading - 99 -501 -An ordinance amending Chapter 316 of the Saint Paul Legislative Code;
citingthe fee for manufacturing and distributing of animal foods license.
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Laid over to June 16 forsecond reading
35. First Reading - 99 -502 -An ordinance amending Chapter 321 of the Saint Paul Legislative Code;
citingthe fees for rooming and boarding houses to Chapter 310 and changing thechapter title to Rooming
and Boardinghouses.
Laid over to June 16 forsecond reading
36. First Reading - 99 -503 -An ordinance amending Chapter 322 of the Saint Paul Legislative Code;
citingthe fee for billiard or pool tables and bowling centers to Chapter 310.
Laid over to June 16 forsecond reading
37. First Reading - 99 -504 -An ordinance amending Chapter 325 of the Saint Paul Legislative Code;
citingthe fee for close out sales license to Chapter 310.
Laid over to June 16 forsecond reading
38. First Reading - 99 -505 -An ordinance amending Chapter 327 of the Saint Paul Legislative Code;
alteringthe title to accurately describe the various dry cleaning licenses andciting the fees for the licenses
to Chapter 310.
Laid over to June 16 forsecond reading
39. First Reading - 99 -506 -An ordinance amending Chapter 331 of the Saint Paul Legislative Code;
citingthe fee for licenses included in Chapter 331 to Chapter 310.
Laid over to June 16 forsecond reading
40. First Reading - 99 -507 -An ordinance amending Chapter 341 of the Saint Paul Legislative Code;
adding "Plant /Service" to the title of the chapter to accurately describe thechapter and licenses and
including the proper title of the department ofpublic health within the chapter's text.
Laid over to June 16 forsecond reading
41. First Reading - 99 -508 -An ordinance amending Chapter 344 of the Saint Paul Legislative Code;
citingthe fee for the pawn shop initial investigation fee to Chapter 310.
Laid over to June 16 forsecond reading
42. First Reading - 99 -509 -An ordinance amending Chapter 345 of the Saint Paul Legislative Code;
citingthe fee for peddler, solicitor and transient licenses to Chapter 310.
Laid over to June 16 forsecond reading
43. First Reading - 99 -510 -An ordinance amending Chapter 353 of the Saint Paul Legislative Code;
citingthe fee for a roller rink license to Chapter 310.
Laid over to June 16 forsecond reading
44. First Reading - 99 -511 -An ordinance amending Chapter 354 of the Saint Paul Legislative Code;
deletingall references to a sanitary disposal license, except for the vehicle license,to comply with State
law.
Laid over to June 16 forsecond reading
45. First Reading - 99 -512 -An ordinance amending Chapter 357 of the Saint Paul Legislative Code;
citingthe fee for solid waste and related licenses to Chapter 310.
Laid over to June 16 forsecond reading
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46. First Reading - 99 -513 -An ordinance amending Chapter 359.03 of the Saint Paul Legislative
Code;citing Chapter 310 for the fees for Broadcast Vehicles.
Laid over to June 16 forsecond reading
47. First Reading - 99 -514 -An ordinance amending Chapter 360 of the Saint Paul Legislative Code;
citingChapter 310 for the fee of Public Swimming Pools license.
Laid over to June 16 forsecond reading
48. First Reading - 99 -515 -An ordinance amending Chapter 362 of the Saint Paul Legislative Code;
citingthe fee for a tree trimming license to Chapter 310.
Laid over to June 16 forsecond reading
49. First Reading - 99 -516 -An ordinance amending Chapter 363 of the Saint Paul Legislative Code;
citingthe fee for a vending machine license to Chapter 310.
Laid over to June 16 forsecond reading
50. First Reading - 99 -517 -An ordinance amending Chapter 364 of the Saint Paul Legislative Code;
citingthe fee for a veterinary hospital license to Chapter 310.
Laid over to June 16 forsecond reading
51. First Reading - 99 -518 -An ordinance amending Chapter 367 of the Saint Paul Legislative Code;
citingthe fee for a tattoo parlor license to Chapter 310.
Laid over to June 16 forsecond reading
52. First Reading - 99 -519 -An ordinance amending Chapter 374 of the Saint Paul Legislative Code;
citingthe fee for a food salvage license to Chapter 310.
Laid over to June 16 forsecond reading
53. First Reading - 99 -520 -An ordinance amending Chapter 377 of the Saint Paul Legislative Code;
citingthe fee for lawn fertilizer and pesticide application to Chapter 310.
Laid over to June 16 forsecond reading
54. First Reading - 99 -521 -An ordinance amending Chapter 382 of the Saint Paul Legislative Code;
changingthe title to Pet Grooming Facilities to more accurately describe the businessand license.
Laid over to June 16 forsecond reading
55. First Reading - 99 -522 -An ordinance amending Chapter 401 of the Saint Paul Legislative Code;
citingChapter 310 for the fees for a Motor Vehicle and Parts Dealer License.
Laid over to June 16 forsecond reading
56. First Reading - 99 -526 -An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul
LegislativeCode; citing Chapter 310 for fees of licenses; waiving fees for governmentagencies.
Laid over to June 16 forsecond reading
57. First Reading - 99 -527 -An ordinance amending Chapter 410 of the Saint Paul Legislative Code;
citingChapter 310 for the fee for a non - intoxicating malt liquor license.
Laid over to June 16 forsecond reading
58. First Reading - 99 -528 -An ordinance amending Chapter 415 of the Saint Paul Legislative Code;
citingChapter 310 for the fees for theatre licenses.
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Laid over to June 16 forsecond reading
59. First Reading - 99 -529 -An ordinance amending Chapter 420 of the Saint Paul Legislative Code;
citingthe fee for a scrap metal processor license to Chapter 310.
Laid over to June 16 forsecond reading
60. First Reading - 99 -530 -An ordinance amending Chapter 422 of the Saint Paul Legislative Code;
citingthe fee for a motor vehicle salvage dealer to Chapter 310.
Laid over to June 16 forsecond reading
61. First Reading - 99 -531- Anordinance amending Chapter 424.02 of the Saint Paul Legislative Code;
changingthe title to "Gas Stations" and citing the fee for the license to Chapter310.
Laid over to June 16 forsecond reading
62. First Reading - 99 -532 -An ordinance amending Chapter 426 of the Saint Paul Legislative Code;
citingthe fee for cabaret licenses to Chapter 310.
Laid over to June 16 forsecond reading
63. First Reading - 99 -533 -An ordinance amending Chapter 427 of the Saint Paul Legislative Code;
citingthe fee for health /sports club license to Chapter 310.
Laid over to June 16 forsecond reading
64. First Reading - 99 -534 -An ordinance amending Chapter 427A of the Saint Paul Legislative
Code;citing the fee for an adult health /sports club license to Chapter 310.
Laid over to June 16 forsecond reading
65. First Reading - 99 -535 -An ordinance amending Chapter 428 of the Saint Paul Legislative Code;
citingthe fee for a steam room /bath house license to Chapter 310.
Laid over to June 16 forsecond reading
66. First Reading - 99 -536 -An ordinance amending Chapter 429 of the Saint Paul Legislative Code;
citingthe fee for an infectious waste processing facility license to Chapter310.
Laid over to June 16 forsecond reading
PUBLIC HEARINGS(public hearings will begin at 5:30 p.m.)
67. Resolution- 99 -421 - Concerning adverse action against the application for an AutoBody Repair
Shop License by Richard Diaz, dba Rick Diaz Auto Services,933 Atlantic Street. (Uncontested) (Laid
over from May 26)
Withdrawn Yeas - 7 Nays- 0
68. Resolution - 99 -537 - Ordering the owner to remove or repair the building at 1047 Arcade
Streetwithin fifteen (15) days from adoption of resolution. (Legislative HearingOfficer recommends
the owner be given six months to complete the rehabilitationprovided the vacant building fee is
paid and a $2,000 bond is posted bynoon on June 23, 1999)
(This item will be laidover to June 23 for a public hearing)
Laid over to June 23for public hearing Yeas - 7 Nays - 0
69. Resolution - 99 -538 - Ordering the owner to remove or repair the building at 20 Douglas Streetwithin
fifteen (15) days from adoption of resolution. (Legislative HearingOfficer recommends approval)
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Adopted Yeas - 7 Nays- 0
70. Resolution RatifyingAssessment - 99 -539 - In the matter of summary abatement (property
cleanupduring January 1999 for property at 805 Central Avenue West. (File 4J9901A2,9827) (Laid over
from May 5) (Legislative Hearing Officer recommendsthe assessment be reduced to $90.00 for
trash disposal, $10.00 for tiredisposal and payment of the $40.00 administrative fee for a total
paymentof $140.00)
Adopted as amended (perrecommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
71. Appeal of Donald DrouinJr. to a Summary Abatement Order for property at 1183 Arkwright Street.
(Legislative Hearing Officer recommends laying over to the July 6 LegislativeHearing and July 14
City Council meeting)
Laid over to July 14Yeas - 7 Nays - 0
72. Final Order - 99 -314 - Inthe matter of condemning and taking a permanent roadway easement to
improvethe intersection of White Bear Avenue and Minnehaha Avenue.
(File 418895E) (Laid over fromMay 12)
Laid over to July 7 Yeas- 7 Nays - 0
73. Final Order - 99 -540- In the matter of sidewalk construction and /or reconstruction on the eastside of
South Snelling Avenue from Ford Parkway to Highland Parkway. (File4S99023) (Laid over from May
26)
Adopted Yeas - 7 Nays- 0
74. Final Order - 99 -541- In the matter of sidewalk reconstruction on both sides of Englewood
Avenuefrom North Lexington Parkway to North Oxford Street. (File 4S99030) (Laidover from June 2)
Adopted Yeas - 7 Nays- 0
75. Final Order - 99 -542- In the matter of sidewalk reconstruction on both sides of East
GeraniumAvenue from Abell Street to Jackson Street. (File 4S99050) (Laid over fromJune 2)
Adopted Yeas - 7 Nays- 0
76. FinalOrder - 99 -543 - In the matter of sidewalk reconstruction in various areasof Ward 1. (File
4S99055- S99064)
Adopted as amended Yeas- 7 Nays - 0
(S99064 - Both sidesof Thomas Avenue from Arundel Street to North Western Avenue - laid
overto June 23)
77. FinalOrder - 99 -544 - In the matter of sidewalk reconstruction in Ward 2 onboth sides of Randolph
Avenue from View Street to Bay Street; in Ward 3on the west side of Davern Street from Norfolk
Avenue to south 135 feet;the east side of Edgcumbe Road from St. Paul Avenue to Field Avenue andthe
west side of Edgcumbe Road from Sheridan Avenue to the railroad tracks;and in Ward 4 on the west
side of North Hamline Avenue from Sherburne Avenueto Thomas Avenue. (File 4S99065- S99068)
Adopted as amended Yeas -7 Nays - 0
(S99065 - Both sides of RandolphAvenue from View Street to Bay Street - laid over to June 23)
78. Final Order - 99 -545 - Inthe matter of sidewalk reconstruction in Ward 6 on both sides of Ames
Avenuefrom Van Dyke Street to North Hazel Street; the south side of East MarylandAvenue from
Hazelwood Street to Herbert at 1624 East Maryland Avenue only;and both sides of Mechanic Avenue
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from Van Dyke Street to North Hazel Street;in Ward 7 on both sides of East Fourth Street from North
Howard Streetto North McKnight Road; and both sides of East Third Street from EnglishStreet to
Clarence Street. (File 4599069 - 599073)
Adopted as amended Yeas- 7 Nays - 0
(599073 - Both sidesof East Third Street from English Street to Clarence Street - laid overto June
23)
79. Public hearing to considerthe report of the Administrative Law Judge concerning the Currency
ExchangeLicense Application of Curt R. Potts and James C. Erickson, dba EndeavorFinancial, Inc. for
the premises at 577 University Avenue.
Adopted Findings of Fact,Conclusions and Recommendation of the Administrative Law Judge
Yeas - 7Nays - 0
SuspensionItems
Resolution - 99 -546 - Authorizingpayment up to $150.00 from City Council funds to the Hamline
UniversityLaw and Graduate School Mediation Center for Dispute Resolution to facilitatea discussion
of the proposed changes in the walkways at Newell Park betweenrepresentatives from the Division of
Parks and Recreation, the HamlineMidway Coalition and individuals objecting to the proposed changes.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -547 - Waivingthe 45 -day notice requirement for issuance of Wine On -Sale, Malt On-
Saleand Restaurant-13 licenses for Chipotle Mexican Grill, LLC, dba Chipotle,2082 Ford Parkway.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -548 - CongratulatingJoe Collins, City employee, on his recent graduation from William
MitchellLaw School and declaring Sunday, June 13, 1999, as Joe Collins' Dayin the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -549 - Requestingthat the Mayor put on hold any further actions to implement Compete
St.Paul for tree - trimming and grass- mowing until such time as the labor- managementcommittee, or
administration and St. Paul Works Alliance separately, reportto the Council on August 4, 1999, on the
progress made.
Adopted Yeas - 7 Nays - 0
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