Minutes 9-27-2000Page 1 of 11
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 27, 2000
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 - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Suspension Items
Present - 5 - Benanav, Bostrom, Coleman, Lantry, Reiter
Absent - 2 - Blakey, Harris (both excused)
CONSENT AGENDA (Items I - 31)
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 September 6, and September 13, 2000.
Adopted minutes of September 6
Laid over minutes of September 13 to October 4.
Yeas - 5 Nays - 0
2. Claims of Susan Carter, Happy Hearts Day Care, HealthEast Transportation, Sue Hurley, Bruce
Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for James Long), Glenn and Andrea Smith and
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Charlene Steffes.
Referred to the Employee /Risk Management Division
3. Summons and Complaint in the matter of Building Restoration Corporation vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
4. Letters from the Citizen Service Office /Property Code Enforcement declaring 684 Cook Avenue East
and 429 Lafond Avenue as nuisance properties and setting date of Legislative Hearing for October 4 10 ,
2000, and City Council Hearing for October 25, 2000.
5. Letters from the Citizen Service Office /Property Code Enforcement declaring 1076 Jackson Street,
637 Rice Street, and 815 Robert Street South as nuisance properties. (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
6. Letter from the Real Estate Division announcing a public hearing before the City Council on October
25, 2000, to consider the petition of Uppertown Preservation League to vacate a City right -of -way at
365 Michigan Street in order to repair a historical building. (File 43 -2000)
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 4, 2000, to consider a preliminary and final plat (Sibley Park
Apartments) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and
Sibley Street.
8. Administrative Orders:
D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee
Salary account in the Department of Public Works.
D001921 Amending the budget of the Community Development Block Grant Fund by moving balances
of completed Parks projects to the Contingency Funds.
D001922 Revising the spending and financing plans of various capital projects in the Department of
Public Works.
D001923 Transferring $2,250 from the 2000 Citywide Capital Maintenance projects to the 2000 Police
Capital Maintenance Projects.
Noted as on file in the City Clerk's Office
9. Resolution - 00 -867 - Approving the Memorandum of Agreement between the City of Saint Paul and
the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe
adjustment. (To be laid over one week for adoption)
Laid over to October 4 for adoption
10. Resolution - 00 -848 - Concerning adverse action against all licenses held by Paradise & Lunches,
Inc., dba Dakota Bar & Grill, 1021 Bandana Boulevard
East. (Uncontested) (Laid over from September 20)
Withdrawn Yeas - 5 Nays - 0
11. Resolution - 00 -868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba
Midway Center Bingo, 1508 University Avenue West. (Legislative Hearing Officer recommends
approval)
Withdrawn Yeas - 5 Nays - 0
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12. Resolution - 00 -869 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Billboard Issue, 1430
York Avenue, 1429 Grand Avenue, 26 Dale Avenue South, 682, 888, 1311, 1325, 1329, 1335, 1940,
1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Lexington Parkway South, 608, 612 and 616
Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop
Lane, and 1775 Grand Avenue - 4306.
Adopted Yeas - 5 Nays - 0
13. Resolution - 00 -870 - Approving a lease agreement between the City of Saint Paul, the Board of
Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operation of a wireless
communication system at the Highwood Standpipe site in Maplewood.
Adopted Yeas - 5 Nays - 0
14. Resolution - 00 -871 - Authorizing application for the Livable Communities Demonstration Program.
Adopted Yeas - 5 Nays - 0
15. Resolution - 00 -872 - Approving the Cultural STAR recommendation for improved downtown
signage for directing the public to and from the Rice Park area.
Adopted Yeas - 5 Nays - 0
16. Resolution - 00 -873 - Directing the Division of Parks and Recreation to explore the possibility of
developing outdoor athletic fields at Saint Paul Regional Water Services' Sandy Lake site.
Adopted Yeas - 5 Nays - 0
17. Resolution - 00 -874 - Approving the addition of Linwood Park Booster Club and Neighborhood
House to the 2000 Charitable Gambling 10% Club.
Adopted Yeas - 5 Nays - 0
18. Resolution - 00 -875 - Establishing the 2001 Residential Street Vitality Program assessment rates.
Adopted Yeas - 5 Nays - 0
19. Resolution - 00 -876 - Authorizing the Department of Public Works to seek Federal government
funding from the U.S. Department of Transportation for full or partial funding to construct a gondola
across the Mississippi River.
Withdrawn Yeas - 5 Nays - 0
20. Resolution - 00 -877 - Amending the spending and financing plans for the Census Tract 9 & 10
proj ect.
Adopted Yeas - 5 Nays - 0
21. Resolution - 00 -878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation
Program & 1998 Major Sewer Repair Projects.
Adopted Yeas - 5 Nays - 0
22. Resolution - 00 -879 - Authorizing and directing the Office of Financial Services, Treasury Section,
to initiate all necessary action leading to the possible issuance of City General Obligation Riverfront Tax
Increment Refunding Bonds in the approximate amount of $8,410,000.00 for the purpose of sufficient
savings.
Adopted Yeas - 5 Nays - 0
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23. Resolution - 00 -880 - Authorizing the Police Department to enter into an agreement with the Best
Western White Bear Country Inn for providing the meeting room and refreshments for an Internet
Crimes Against Children Task Force Training Seminar.
Adopted Yeas - 5 Nays - 0
24. Resolution - 00 -881 - Authorizing the Police Department to enter into an agreement with Saint Paul
Arena, LLC, to provide and to be reimbursed for security services for the Minnesota Wild Hockey
games and events.
Adopted Yeas - 5 Nays - 0
25. Resolution - 00 -882 - Canceling Final Orders, C.F. 94 -1116 and C.F. 97 -459, for sidewalk
reconstruction /construction projects on the north side of Summit Avenue from Virginia Street to North
Western Avenue and Hayden Heights Playground as the work was not done.
Adopted Yeas - 5 Nays - 0
26. Resolution - 00 -883 - Amending C. F. 00 -273, adopted March 22, 2000, which vacated and
discontinued public property located near York and Weide Streets. This would amend the resolution so
as not to retain the easements.
Adopted Yeas - 5 Nays - 0
27. Resolution - 00 -884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue
East.
Adopted Yeas - 5 Nays - 0
28. Preliminary Order - 00 -885 - In the matter of residential street paving and lighting for the
Fifth /Kennard Residential Street Vitality Project, and setting date of public hearing for November 1,
2000. (File 418935)
Adopted Yeas - 5 Nays - 0
29. Preliminary Order - 00 -886 - In the matter of construction of storm sewer connections, sanitary
sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in
conjunction with the Fifth/ Kennard Residential Street Vitality Project, and setting date of public hearing
for November 1, 2000. (File 418935C)
Adopted Yeas - 5 Nays - 0
30. Preliminary Order - 00 -887 - In the matter of the Page /Manomin Area Street Paving and Lighting
Project, and setting date of public hearing for October 25, 2000. (File 418931)
Adopted Yeas - 5 Nays - 0
31. Preliminary Order - 00 -888 - In the matter of sidewalk repairs and /or the repair of sanitary sewer,
storm sewer and /or water service connections, if requested by the property owner, in conjunction with
the Page /Manomin Area Street Paving and Lighting Project, and setting of date of public hearing for
October 25, 2000.
(File 418931 misc)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
32. Six -month Update from the Office of Labor Relations on their work plan schedule in response to the
Council Research Performance Audit. (Update requested by the Council on March 15, 2000)
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An update was presented by Katherine Megarry, Office of Labor Relations.
The 12 month update will be presented on March 28, 2001.
33. Presentation and demo by the Office of License, Inspections and Environmental Protection of the
AMANDA and ECLIPS systems. (Presentation requested by the Council on August 2, 2000)
Presentation and demo was presented by Bob Kessler, Bob Cheney, and Peter Kishel, Office of
LIEP.
34. Progress report by the Mayor's Administration on their discussions with the appropriate State
agencies and elected officials regarding the distinct odor from the Gopher State Ethanol Plant. (Request
per Council File 00 -841 adopted on September 13, 2000)
A progress report was presented by Dan Smith, Department of Planning and Economic
Development.
A Public Hearing regarding the Gopher State Ethanol Plant will be held on Wednesday, October
18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue.
ORDINANCES
35. Final Adoption - 00 -806 - An ordinance finalizing City Council action approving
a petition of Episcopal Church Home to rezone property located on the corner of Fairview and
University Avenues from B -3 and P -1 to RM -2 to allow for the expansion of a retirement community.
(Public hearing held August 9, 2000)
Adopted Yeas - 5 Nays - 0
36. Second Reading - 00 -859 - An ordinance approving amendments to Chapter 189
of the Saint Paul Legislative Code; assign the responsibility for setting fees to the Truth -in -Sale of
Housing Board and remove specific dollar amounts for fees from the ordinance, add Time of Sale
definition, and clarify Required Acts.
Laid over to October 4 for third reading /public hearing
37. Second Reading - 00 -860 - An ordinance amending Chapter 82 of the Saint Paul Administrative
Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch.
471.345).
Laid over to October 4 for third reading /public hearing
38. Second Reading - 00 -861 - An ordinance amending Chapter 86 of the Saint Paul Administrative
Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch
471.35).
Laid over to October 4 for third reading /public hearing
39. Second Reading - 00 -862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by
inserting the 50% reduction of all housing related permits as part of an extension of a pilot program,
from January 1, 2001, to December 31, 2001, to increase housing in Saint Paul.
Laid over to October 25 for third reading /public hearing
Yeas - 5 Nays- 0
40. First Reading - 00 -889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring
annual taxicab vehicle inspections instead of biannual inspections and allowing for appearance
inspections of taxicab vehicles up to six (6) times per year.
Laid over to October 4 for second reading
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41. First Reading - 00 -890 - An ordinance amending Saint Paul Legislative Code Section 33.02 to allow
the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined
to be nuisances.
Laid over to October 4 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
The public hearing on the Housing Revenue Bonds for the Franciscan Health and Housing Services
Project (St. Mary's) was continued to October 4, 2000.
42. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cable Communication
Service and applications received from Everest Connections Corporation and WideOpenWest
Minnesota, LLC. (Laid over from August 9 for continuation of public hearing)
Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0
43. Third Reading - 00 -550 - An ordinance to regulate newsracks that are located within public rights -
of -way. (Substitute introduced June 7; laid over from August 9 for continuation of third reading /public
hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25
for continuation of third reading /public hearing)
Laid over to October 25 for continuation of third reading /public hearing
Yeas - 5 Nays - 0
44. Resolution - 00 -765 - Concerning adverse action against all licenses held by
E & K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license
fees. (Laid over from September 6; conditions were placed on the license)
Adopted Yeas - 5 Nays - 0
45. Public hearing to consider the report of the Administrative Law Judge concerning the Application
for a Taxicab Driver's License by Willie B. Jones, Jr.
Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law
Judge (Application denied) Yeas - 5 Nays - 0
46. Public hearing to consider the report of the Administrative Law Judge concerning the Auto Body
Repair Garage License held by Steve's Auto Body, 1196 East 7th Street.
Adopted the Findings of Fact and Conclusions of the Administrative Law Judge. Adverse action
was imposed (license was revoked and a $1,000 fine).
Yeas - 5 Nays - 0
47. Public hearing to consider the report of the Administrative Law Judge concerning the Application
for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue
East.
Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law
Judge including additional conditions recommended by the Office of License, Inspections and
Environmental Protection.
Yeas - 5 Nays - 0
48. Resolution - 00 -891 - Waiving the two -mile distance requirement for RK Midway, LLC, dba
Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall
license.
Adopted Yeas - 4 Nays - 0 Abstention -1 (Reiter)
49. Resolution - 00 -892 - To consider the application for a sound level variance by Wild Tymes Sports
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Club, 33 7th Place West, to allow musicians and sound system concerts at their block parties from 12:00
noon to 12:00 midnight on September 29, 30 and October 1, 2000.
Adopted as amended Yeas - 5 Nays - 0
50. Resolution - 00 -893 - Establishing No Parking 8AM -8PM, Monday- Friday, Except by Permit, Area
22, zone on both sides of Goodrich Avenue between Cretin Avenue and Finn Street.
Adopted Yeas - 5 Nays - 0
51. Resolution - 00 -894 - Ordering the owner to remove or repair the building at 108 Atwater Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 4 Nays - 0 (Benanav not present for vote)
52. Resolution - 00 -895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete rehabilitation of the property provided a code
compliance inspection is completed and a $2,000 bond is posted by noon on September 27, 2000)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0
53. Resolution - 00 -896 - Ordering the owner to remove or repair the property at 1246 Seventh Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0
54. Resolution - 00 -897 - Ordering the owner to remove or repair the property at 682 Western Avenue
North within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation
of the property provided a code compliance inspection is completed and a $2,000 bond is posted by
noon on September 27, 2000)
Adopted (remove or repair within 15 days) Yeas - 5 Nays - 0
55. Resolution - 00 -898 - Ordering the owner to remove or repair the property at 1497 York Avenue
within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation
of the property)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0
56. Resolution - 00 -899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue
within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0
57. Appeal of Paul Johnson to a summary abatement order for property located at 79 Virginia Street.
(Legislative Hearing Officer recommends denying the appeal)
Appeal Denied Yeas - 5 Nays - 0
58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln
Avenue. (Legislative Hearing Officer recommends denying the appeal)
Appeal Denied Yeas - 5 Nays - 0
59. Resolution Ratifying Assessment - 00 -900 - In the matter of summary abatements (property clean-
up) at vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue and 244 Aurora
Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163
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Minnehaha Avenue West (J0002VV). (Laid over from August 23) (Legislative Hearing Officer
recommends the following:
Vacant lot on Ross Avenue (J0003AA) - approve the assessment
1153 Sherburne Avenue (J0003AA) - reduce the assessment to $200.00 plus the $45.00 service fee
for a total assessment of $245.00
762 Thomas Avenue (J0003AA) - approve the assessment
244 Aurora Avenue (J0003AA) - approve the assessment
99 Hatch Avenue (J0002VV� reduce the assessment to $155.00 plus
the $45.00 service fee for a total assessment of $200.00
1163 Minnehaha Avenue West (J0002VV) - reduce the assessment to $155.00 plus the $45.00
service fee for a total assessment of $200.00)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0
60. Resolution Ratifying Assessment - 00 -901 - In the matter of summary abatements for towing
abandoned vehicles from private property during the month of March and April, 2000 (J0003V,
J0004V); property clean -up from late May through June, 2000 (J0004A); demolition of vacant buildings
during the months of June and July, 2000 (J0004C) (Legislative Hearing Officer recommends
approval with the following exceptions:
1045 Fremont Avenue (J0003V) - lay over to the September 26, 2000, Legislative Hearing and the
October 4, 2000, City Council Meeting;
840 Montana Avenue West (J0004A) - reduce the assessment to $200.00 plus the $45.00 service fee
for a total assessment of $245.00;
952 Euclid Street (J0004V) - lay over to the September 26, 2000, Legislative Hearing and the
October 4, 2000, City Council Meeting;
769 Burr Street (J0004V) - lay over to the September 26, 2000, Legislative Hearing and the
October 4, 2000, City Council Meeting;
310 Goodhue Street (J0003V) - lay over to the September 26, 2000, Legislative Hearing and the
October 4, 2000, City Council Meeting)
966 Charles Avenue was referred to a Legislative Hearing on October 10, 2000, and City Council
Hearing on October 25, 2000.
Adopted as amended (per recommendation of the Legislative Hearing
Officer and the Council's recommendation on 966 Charles Avenue)
Yeas - 5 Nays - 0
61. Resolution Ratifying Assessment - 00 -902 - In the matter of summary abatements for grass cutting
(by private contractor) during the months of May, June and /or July, 2000 (J0004G); boarding -up of
vacant properties during the months of April and May, 2000 (J0004B); property clean -up from late June
through July, 2000 (J0005A); towing of abandoned vehicles from private property during the month of
May, 2000 (J0005V). Legislative Hearing Officer recommends approval with the following
exceptions:
815 Robert Street South (J0005A) - lay over to the September 26, 2000, Legislative Hearing and
the October 4, 2000, City Council Meeting;
621 Humboldt Avenue (J0005V) - lay over to the September 26, 2000, Legislative Hearing and the
October 4, 2000, City Council Meeting.
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 4 Nays - 0
(Coleman not present for vote)
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62. Resolution Ratifying Assessment - 00 -903 - In the matter of installation of bituminous roadway,
constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree
planting, construction of a lantern style lighting system, and all other work necessary to complete
improvements for the Western /Lawson RSVP Paving and Lighting Project. (File 418904)
Substitute introduced and adopted Yeas - 4 Nays - 0
(Coleman not present for vote)
63. Resolution - 00 -904 - Approving the vacation of parts of John Street and an alley for construction of
the new Law Enforcement Center. (Vacation File 41 -2000)
Laid over to October 25 for public hearing Yeas - 5 Nays - 0
64. Resolution - 00 -905 - Approving the petition of the City of Saint Paul to vacate part of a lot near
Point Douglas Road and Clarence Street originally taken for right -of -way purposes for the adjacent
property owner now to purchase the property. (Vacation File 49 -2000)
Adopted Yeas - 5 Nays - 0
65. Resolution - 00 -906 - Approving the petition of Total Tool, Inc. to vacate part of Aldine Street lying
south of Roblyn Avenue and north of the railroad right -of -way for the expansion of a manufacturing and
warehouse facility. (Vacation File 410 -2000)
Adopted Yeas - 5 Nays - 0
66. Resolution - 00 -907 - Approving the petition of Donald and Doriene Callais to vacate part of the
east -west alley in Block 14, Hayden Heights Addition to alter the shape of their property. (Vacation File
48 -2000)
Laid over to October 25 for public hearing Yeas - 5 Nays - 0
67. Resolution - 00 -908 - Approving the petition of the State of Minnesota to vacate Rose Avenue from
Phalen Boulevard to Barclay Street for construction of the State of Minnesota's Bureau of Criminal
Apprehension Building. (Vacation File 42 -2000)
Adopted Yeas - 5 Nays - 0
68. Resolution - 00 -909 - Approving the petition of Ronald Thorson to vacate Barclay Street from
Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a garage
on part of the vacated area. (Vacation File 46 -2000)
Adopted Yeas - 5 Nays - 0
69. Public hearing to consider the application by Maryland Real Estate Investments for a subdivision
review (combined plat) for subdivision of property at 905 -911 East Maryland Avenue (East Maryland
Clinic).
Motion of Intent - Application granted
Yeas - 4 Nays - 0 (Reiter not present for vote)
70. Public hearing to consider the appeal of the Summit Avenue Residential Preservation Association
(SARPA) to a decision of the Heritage Preservation Commission granting approval of a demolition
permit at 828 Summit Avenue.
Laid over to October 4 Yeas - 5 Nays - 0
71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation
Commission denying approval of a building permit to replace a rear second story deck at 410
Eichenwald Street.
Motion of Intent - Appeal Granted Yeas - 4 Nays -1 (Coleman)
Council found error in the HPC's decision.
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Suspension Items
Resolution - 00 -910 - Waiving the 45 -day notice requirement for issuance of a liquor license to
Bamboleo, 162 Dale Street.
Adopted Yeas - 5 Nays - 0
Resolution - 00 -911- Waiving the 45 -day notice requirement for issuance of a liquor license to Mickey's
Nook, 492 Hamline Avenue.
Adopted Yeas - 5 Nays - 0
Resolution - 00 -912 - Amending Council File 00 -321, Adopted April 5, 2000, (approving the petition of
Dennis Guptil to vacate a portion of East Fifth Street, Etna Street, and the alley in Hamer's Subdivision
in order to allow construction of new housing units) by changing wording in the legal description.
Adopted Yeas - 5 Nays - 0
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