Minutes 09-07-1994 . �
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SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 7, 1994 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
Councilmember Thune called the meeting to order at 3:40 p.m. RECEIVED
CONSENT AGENDA N 0 U 2 2 1994
CITY CLERK
Councilmember Blakey requested that item 5 be removed for discussion.
Councilmember Megard requested that item 14 be removed for discussion.
Councilmember Harris requested that item 17 be removed for discussion.
Councilmember Grimm requested that item 24 be removed for discussion.
Councilmember Guerin requested that item 26 be removed for discussion.
Councilmember Rettman requested that item 28 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. Claims of Randy J. Bohland, Melvin L. Holmquist, Renee McKinney, and Kathleen L.
Thompson.
Refened to the City Attorney's Office
2. Summons, Complaint, Plaintiffs Interrogatories to Defendants, Request for Production of
Documents and Production of Statements in the matter of Martelle Bernadine Sherman vs.
the City of Saint Paul, et al.
Referred to the City Attomey's Office
3. Petition of Independent School District #625 for the vacation of an area lying northwest of
Rice and Arlington Streets for the new St. Paul high school. (For refenal to the Finance
Department for check as to form and suf�ciency.)
Refened to the Finance Department for check as to form and sufficiency
4. Letters from the Division of Public Health declaring 675 Cook Avenue East and 106
Manitoba Avenue as nuisance properties. (For notification purposes only; public hearings
will be scheduled at a later date if necessary).
5. Discussed later in the meeting
6. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on September 21, 1994, concerning application for a General Repair Garage
License by Louis Bacigalupo, dba The Car Connection, 817 Vandalia Street.
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September 7, 1994 City Council Summary Minutes Page 2
7. Letter from the Office of the City Attomey announcing date of public hearing before the
City Council on September 21, 1994, concerning adverse action against licenses held by
Anoura Khamassi, dba Your Food Market, 169 North Victoria Street.
8. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for September 21, 1994, in the matter of rezoning property
from RT-1 (two-family residential) to RT-2 (townhouse residential) to allow an eausting
triplex to remain at 1075/1077 Ashland Avenue by Carol Keuttner, et al.
9. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for September 28, 1994, in the matter of rezoning property
from B-2 (community business) to B-3 (general business) to allow a fast-food restaurant with
drive-thru window at 15XX University (south side between Snelling and Pascal) by Rein
Midway Limited Partnership.
10. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for September 28, 1994, in the matter of rezoning property
from RT-1 (two-family residential) to RM-2 (multiple family residential) to allow elderly
housing for 24 residents at 859/869 East Fifth Street by Church of the Sacred Heart.
11. Letter from the Saint Paul Charter Commission transmitting their recommendation to the
City Council amending Section 13.01.1, Section F of the City Charter governing the disposal
or diversion of park property that is in conflict with preceding Subsections A-E. (Refened
to Charter Commission per Council Action on August 3, 1994)
12. Resolution - 94-1265 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Spanky's Bar & Grill, 825 Jefferson Avenue; Hat Trick Sports Bar, 719 Dale
Street North; Benjamin's Restaurant & Lounge, 111 Kellogg Boulevard East; Hea.rtthrob
Cafe, 30 8th Street East, #200; Plums Neighborhood Bar & Grill, 480 Snelling Avenue
South; Chez' Joey's Nightclub, 175 Sth Street East; and Grand Tavern, 656 Grand Avenue.
(ID #22046-94203) (Laid over from August 31 for adoption)
Adopted Yes - 7 Nays - 0
13. Resolution - 94-1266 - Approving renewal of various Class III and Supporting Licenses by:
Johnson Parking, 279 Kellogg Boulevard East; Miller & Holmes, Inc., 501 Iafayette Road;
Firestone, 1695 University Avenue West; Arvid E. Taube, 905 Payne Avenue; Unilease Inc.,
545 University Avenue West; Tuan Auto Repair, 1459 University Avenue West; Tires Plus,
391 Maryland Avenue East; U S Swim & Fitness, 1166 University Avenue West; Trade Lake
Camp/Nickels Sports Bar, 501 Blair Avenue; Payne-Arcade Area Business Association/
Peppercorn's, 1178 Arcade Street; and E-Z Recycling, Inc., 875 Prior Avenue North. (ID
# 17473-99418) (Laid over from August 31 for adoption)
Adopted Yeas - 7 Nays - 0
14. Discussed later in the meeting
September 7, 1994 City Council Summary Minutes Page 3
15. Resolution - 94-1294 - Approving renewal of various On Sale and Supporting Licenses by:
Tanners Lake VFW Post 8217, 1795 7th Street East and Club Milton, Inc. 334 Milton Street
North. (ID#54004-97716) (To be laid over one week for adoption)
Laid over to September 14 for adoption
16. Resolution - 94-1295 - Approving renewal of an On Sale Wine, On Sa1e Ma1t (Strong Beer),
and Restaurant-B License by Shilla, Inc., dba Korean Restaurant Shilla at 694 Snelling
Avenue (ID#75704) (To be laid over one week for adoption)
Laid over to September 14 for adoption
17. Discussed later in the meeting
18. Preliminary Order - 94-1297 - In the matter of sidewalk reconstruction at 657 Palace Avenue
and setting date of public hearing for November 2, 1994. (File #594103)
Adopted Yeas - 7 Nays - 0
19. Resolution - 94-1298 - Approving the appointments of Mike Zipko, John Loban, and
Susanne Rohland, by Mayor Coleman, to the Cable Access Board of Directors. (To be laid
over one week for adoption)
Laid over to September 14 for adoption
20. Resolution - 94-1299 - Approving the reappointment of Duane Stolpe, by Mayor Coleman,
to the HRA/PHA Pension Plan Committee. (To be laid over one week for adoption)
Laid over to September 14 for adoption
21. Resolution - 94-1300 - Approving the appointments of Marcelino Puente, Esther Ruiz,
Raymond Cantu, Karen Inman, and Gregory Piller, by Mayor Coleman, to the �rmative
Action Advisory Committee. (To be laid over one week for adoption)
Laid over to September 14 for adoption
22. Resolution - 94-1301 - Approving the appointments of Kim Bright and John Rosek and the
reappointments of Mike Sperr, William Collins, Diana Rodriquez, Gwen Gordon, Jim Kelly,
Gia Westermeyer, Eileen Ciuraru, Michael Lohman, Travis Logan, and Jennifer Bozicevich,
by Mayor Coleman, to the Youth Fund Board. (To be laid over one week for adoption)
Laid over to September 14 for adoption
23. Resolution - 94-1302 - Approving the appointments of John O'Halloran, Robert Lunning,
John Can, Maurice Vasquez, Jeff Prauer, Gus Gaustad, Tom Eggum and Councilmember
Roberta Megard and the reappointment of Donald Flemming, by Mayor Coleman, to the
Wabasha Street Bridge Task Force. (To be laid over one week for adoption)
Laid over to September 14 for adoption
24. Discussed later in the meeting
25. Resolution - 94-1303 - Establishing the 1995 Combined Sewer and Street Program
assessment rates.
Adopted Yeas - 7 Nays - 0
September 7, 1994 City Council Summary Minutes Page 4
26. Discussed later in the meeting
27. Resolution - 94-1305 - Authorizing settlement of claim of State Farm Insurance Company
and its insured, Carl E. Anderson, for $6,943.80.
Adopted Yeas - 7 Nays - 0
28. Discussed later in the meeting
29. Resolution - 94-1307 - Authorizing the proper City officials to enter into an Ubgrant
Agreement with the Ramsey Soil and Conservation District in order to receive funds for
administrating the Wetlands Conservation Act.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-1308 - Waiving 60% consent requirement for a block party/special event
permit for the Payne/Arcade Harvest Festival on September 17, 1994, between the hours of
8:00 a.m. and 9:00 p.m.
Adopted Yeas - 7 Nays - 0
5. Letters from the Division of Public Health declaring 915-917 Ashland Avenue, 560 Burgess
Street, 396 Edmund Avenue, and 692 Fourth Street East as nuisance properties, and setting
dates of Legislative Hearing for September 20, 1994, and City Council Hearing for
September 28, 1994.
Councilmember Blakey indicated that the building at 915-917 Ashland is in good condition
overall, and there are people interested in purchasing the property. The cunent property
owners live in Illinois and have not responded to correspondence regarding the building.
He stated he is not interested in having the building torn down, but would rather see if the
City could take ownership and perhaps sell it.
Councilmember Rettman suggested that the process of having the property declared a
nuisance go forward and issue instructions to PED and Public Health to do a title search on
915-917 Ashland Avenue to get cost figures to rehabilitate the building and to give the
owners another chance to respond.
Councilmember Blakey moved approval with instructions to PED and Public Health.
Roll Call Yeas - 7 Nays - 0
14. Resolution - 94-1267 - Approving renewal of various Class III Licenses by: Capital City Auto
Electric Company, 690 University Avenue West; Municipal Ramp # 1, 13 Exchange Street
West; Saturn Lot, 520 Willius Street; Mercury Lot, 510 Willius Street; American Auto
Radiator, 680 University Avenue West; Suburban Chrysler-Plymouth Inc., 1891 Suburban
Avenue; Twin City Auto & Military Parts Company, Inc., 839 Edgerton Street; Parkway
Auto Body, 1906 Stillwater Avenue; Arcade Service, 1200 Arcade Street; SuperAmerica
#4030, 1625 Rice Street; , ; John's Auto
Service, 1328 Point Douglas Road South; Highway Motel, 2152 7th Street West; Denio Auto
Clinic, 620 Rice Street; Coach Masters Collision, 204 Bates Avenue; Coates Trailer Sa1es,
509 Como Avenue; Tanners Lake VFW Post #8217, 1795 7th Street East; Sinclair Retail
#22053, 1314 White Bear Avenue North; To Chau Vietnamese Restaurant, 823 University
Avenue West; Butch's C�stom M C, 585 University Avenue West; The World Theater, 10
Exchange Street East; Minnesota Amateur Rugby Foundation/Coach's, 1192 Dale Street
September 7, 1994 City Council Summary Minutes Page 5
North. (ID # 16269 - 94766) (Laid over from August 31 for adoption)
Councilmember Megard moved for a layover of two weeks on Twins Motor Inn, 1975
University Avenue West, due to complaints received from local businesses.
Roll Call Yeas - 7 Nays - 0
Councilmember Megard moved to approve the remaining license renewals.
Adopted as amended Yeas - 7 Nays - 0
17. Resolution - 94-1296 - Approving renewal of an On Sale Liquor-C, Sunday On Sale Liquor,
Gambling Location-C and Restaurant-C Limited License by Jimbee Corporation, dba Mike's
Bar at 326 Grove Street (ID# 15877) (To be laid over one week for adoption)
Councilmember Harris moved for a one week layover.
Laid over to September 14 for adoption
24. Resolution - 94-1281 - Amending Civil Service Rule 34, UNCLASSIFIED POSITIONS, by
changing the name of the Public Health Division Manager to Public Health Director and
updating the minimum qualifications for same. (Adopted in error on August 31st and laid
over for adoption)
In response to a question posed by Councilmember Grimm, Kelly Tanzer, Human
Resources, indicated that this was a case of renaming an existing position.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-1304 - Establishing revised water/sewer billing late payment penalty charges.
Councilmember Guerin moved to lay this item over for two weeks.
Laid over to September 21
Roll Call Yeas - 7 Nays - 0
28. Resolution - 94-1306 - Authorizing the proper City officials to execute a grant and loan
agreement between the Department of Housing and Urban Development and the City of
Saint Paul for the expenditure of Economic Development Initiative (EDI) and Section 108
Loan funds.
Councilmember Rettman indicated she had some concerns regarding potential future
financial liabilities and stated she would prefer this item go through a committee �rst. She
further stated the application should be considered a preliminary decision by the Council
and discussed by the Council before a final decision regarding money is made.
Joan Trulsen, PED, indicated that this was the application process and stated that the
Section 108 Loan Guidelines would come before the City Council to be approved. She
further stated a Credit Committee had been formed and that grant funds could be used as
backup for any bad debts.
Councilmember Grimm suggested rewording the resolution indicating PED staff would
prepare guidelines to present to the City Council for adoption.
Councilmember Grimm moved approval as amended.
Sharon Anderson, 1058 Summit Avenue, appeared in opposition.
Adopted as amended Yeas - 7 Nays - 0
September 7, 1994 City Council Summary Minutes Page 6
FOR DISCUSSION
31. Resolution - 94-1309 - Approving the allocation of $110,000 for the 1994 Child Care
Partnership Program.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
32. Final Adoption - 94-1065 - An ordinance establishing City residency as a condition of
employment for all City employees hired on an original entry basis after the effective date
of this ordinance. (Originated in City Operations Committee; Committee recommends
approval) (Substitute ordinance submitted to Council on July 27; substitute ordinance
submitted to Council on August 17 and laid over for continuation of public hearing;
substitute submitted and laid over August 24) (Laid over from August 31)
Councilmember Thune presented a substitute ordinance which would give 10 bonus points
to those applicants who are cunently City residents and those who would remain residents.
John McCormick, Deputy City Attorney, indicated an amendment would be drafted that
would include a point system for classified employees applying to both residents and non-
residents; existing language would be used for unclassified positions; and follow up with an
ordinance to change the existing Civil Service rule regarding the additional points for City
residents.
Terry Sullivan, Assistant City Attomey, indicated that a determination would have to be
made whether this would apply to original entry or to any position within the City of Saint
Paul.
Mr. McCormick indicated that his office would provide two possible substitutes, and let the
Council determine which language of the two would be accepted.
Laid over to September 14
33. Final Adoption - 94-859 - An ordinance amending the Legislative Code by adding new
Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of
firearms in on-sale liquor premises, to require alcohol awareness training, and to require
training of bartenders on firearms and the use of deadly force. (Referred to City
Operations Committee on June 15 with readings to continue in Council) (Public Hearing
held on August 24)
Councilmember Harris requested this item be laid over one week.
Substitute submitted and laid over to September 14
Roll Call Yeas - 7 Nays - 0
34. First Reading - 94-1310 - An ordinance amending the Legislative Code by adding a
provision which would declare graffiti a blighting influence on the community and that the
presence of graffiti constitutes a public nuisance subject to the summary abatement
procedures contained in Chapter 45. (City Operations Committee)
Referred to City Operations Committee
September 7, 1994 City Council Summary Minutes Page 7
PUBLIC HEARINGS
35. Third Reading - 94-1184 - An ordinance amending Chapter 28 of the Saint Paul Legislative
Code entitled "Campaign Contributions" by adopting the contribution limitations established
by State Statute. (Laid over from August 31)
Councilmember Megard requested a layover of four weeks.
Laid over to October 5
Roll Call Yeas - 7 Nays - 0
36. Third Reading- 94-1033 - An ordinance authorizing restaurants in the downtown business
district to allow the sale and service of alcoholic beverages in sidewalk cafes. (City
Operations Committee recommends approval) (Laid over from August 31)
Robert Kessler, LIEP, presented a substitute ordinance.
Councilmember Rettman moved to introduce the substitute.
Roll Ca11 Yeas - 7 Nays - 0
Laid over for to September 14 for �nal adoption.
Roll Call Yeas - 7 Nays - 0
37. Third Reading - 94-1237 - An ordinance amending Chapter 60 of the Saint Paul Legislative
Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof; amending
ordinance C.F. 94-931, adopted July 20, 1994.
(Item #62 considered at the same time)
Laid over to September 14 for final adoption
38. Moved to be last item on agenda
39. Resolution - 94-1260 - Ordering the owner(s) to remove or repair building at 718 Maryland
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the new ovmer,l�m Bonniwell, 180 days to complete the rehabilitation
of this building contingent on the posting of apprnpriate bonds prior to the August 24
Council meeting.) (Laid over from August 31)
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 94-1286 - Approving application for the transfer of a Wine On Sale, Malt On
Sale (Strong Beer) and Restaurant (B) License currently issued to Sissini Enterprises Inc.,
dba Carmelo's, 238 Snelling Avenue South, to DSB Enterprises, dba Carmelo's (Darin Scott
Ball, owner) at the same address. (ID #65817) (Laid over from August 31)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41. Final Order - 94-1115 - In the matter of sidewalk reconstruction on both sides of North
Robert Street from University Avenue to Capitol Heights and both sides of Capitol Heights
from Charles Avenue to vacated Capitol Heights. (File #S9490) (Laid over from August
31)
September 7, 1994 City Council Summary Minutes Page 8
Councilmember Blakey introduced a substitute and moved approval of the same.
Roll Call Yeas - 7 Nays - 0
No one appeared in opposition.
Tom Keefe, Public Works, explained the substitute resolution.
Councilmember Rettman read an amendment to this resolution into the record.
Councilmember Blakey moved approval as amended.
Roll Call Yeas - 7 Nays - 0
42. Final Order - 94-1288 - In the matter of sidewalk reconstruction on the east side of Nelson
Street from Upper Afton Road to Larry Ho Drive at 42 Nelson Street. (File #594102) (Laid
over from August 31)
No one appeared in opposition.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
43. Fina1 Order - 94-1289 - In the matter of construction of a surface parking lot for
approximately 12 to 13 parking spaces on a lot with a vacant house to be acquired and
demolished at 811 Case Avenue under the Places to Park Program. (File #18743) (Laid
over from August 31)
No one appeared in opposition.
Councilmember Grimm moved to lay over for three weeks.
Laid over to September 28
Roll Call Yeas - 7 Nays - 0
44. Final Order - 94-1290 - In the matter of operating costs for the publicly owned parking lot
at 811 Case Avenue for utilities, insurance, snow removal, general maintenance and repairs
from November 1, 1994 to December 31, 1995. (File #18744) (Laid over from August 31)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
45. Final Order - 94-1291 - In the matter of improving an existing parking lot, with HRA
leasehold improvement, owned by the Immaculate Heart of Mary Parish (Grand Avenue
and Snelling Avenue) to provide approtcimately 54 parking spaces for commercial use under
the Places to Park Program (File #18745) (Laid over from August 31)
No one appeared in opposition.
Councilmember Blakey moved to lay over for three weeks.
Laid over to September 28.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin left the meeting.
46. Final Order - 94-1292 - In the matter of operating costs for the parking lot with an HRA
leasehold at Immaculate Heart of Mary Parish from November 1, 1994 to December 31,
1995. (File #18746) (Laid over from August 31)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
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September 7, 1994 City Council Summary Minutes Page 9
47. Resolution Ratifying Assessment - 94-1311 - In the matter of construction for the
Hazelwood/McLean Area storm sewer project. (File #18717A)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
48. Resolution Ratifying Assessment - 94-1312 - In the matter of construction for the
Hazelwood/McLean Area street paving and lighting project. (File #18718)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
49. Resolution Ratifying Assessment - 94-1313 - In the matter of reconstruction of sidewalk on
both sides of Tilsen Avenue from Nokomis Avenue to North McKnight Road and west side
of North McKnight Road from Nokomis Avenue to Tilsen Avenue. (File #59339)
Councilmember Grimm moved to lay over to September 14.
No one appeared in opposition.
Laid over to September 14
Roll Call Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
50. Resolution Ratifying Assessment - 94-1314 - In the matter of reconstruction of sidewalk on
both sides of Arona Street from Midway Parkway to Frankson Avenue. (File #S9342)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
51. Resolution Ratifying Assessment - 94-1315 - In the matter of reconstruction of sidewalk on
both sides of Breda Avenue from North Hamline Avenue to North Snelling Avenue. (File
#59343)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
52. Resolution Ratifying Assessment - 94-1316 - In the matter of reconstruction of sidewalk on
both sides of Canfield Avenue from Arona Street to North Snelling Avenue and south side
of Midway Parkway from Arona Street to North Snelling Avenue. (File #S9344)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
53. Resolution Ratifying Assessment - 94-1317 - In the matter of reconstruction of sidewalk on
west side of North Hamline Avenue from Wynne Avenue to Como Avenue. (File #59345)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
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September 7, 1994 City Council Summary Minutes Page 10
54. Resolution Ratifying Assessment - 94-1318 - In the matter of reconstruction of sidewalk on
both sides of North Pascal Street from Summit Avenue to Portland Avenue and the south
side of Portland Avenue from North Pascal Street to approximately 273 feet west of North
Pascal Street. (File #59346)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
55. Resolution Ratifying Assessment - 94-1319 - In the matter of reconstruction of sidewalk on
both sides of Princeton Avenue from South Prior Avenue to Kenneth Street. (File #59348)
No one appeared in opposition. �
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
56. Resolution Ratifying Assessment - 94-1320 - In the matter of reconstruction of sidewalk on
both sides of Sheldon Street from Frankson Avenue to West Arlington Avenue. (File
#S9349)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
57. Resolution Ratifying Assessment - 94-1321 - In the matter of reconstruction of sidewalk on
north side of Wynne Avenue from North Hamline Avenue to North Albert Street. (File
#59351)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
58. Resolution Ratifying Assessment - 94-1322 - In the matter of reconstruction of sidewalk on
the north side of Wynne Avenue from North Pascal Street to North Snelling Service Road.
(File #59352)
No one appeared in opposition.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
59. Resolution - 94-1293 - Authorizing the vacation of part of Lasalle Avenue between
University Avenue and Charles Avenue. (Laid over from August 31)
No one appeared in opposition.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
Councilmember Guerin returned to the meeting and Councilmember Grimm left the meeting.
60. Resolution - 94-714 - Ordering the owner(s) to repair or remove structure and wall on south
side of property at 193-197 N. Western Avenue within €�€�ee�-(-�} �::::��� days from
adoption of resolution. (Legislative Hearing Ot'tfcer recommends approval) (Laid over from
August 3)
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September 7, 1994 City Council Summary Minutes Page 11
No one appeared in opposition.
Susan Auchampach, President, Community Stabilization Project gave background on what
actions led up to the resolution.
Councilmember Blakey moved an amendment to change the number of days from 15 to 5.
Roll Call Yeas - 6 Nays - 0(Councilmember Grimm not present for vote)
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0(Councilmember Grimm not present for vote)
61. Public Hearing to consider the request of Health One Corporation for a combination
preliminary and final plat review for 333 Smith Avenue North. (Laid over from August 31)
No one appeared in opposition.
Motion of Intent Adopted Yeas - 6 Nays - 0(Councilmember Grimm not present for
vote)
62. Public Hearing in the matter of rezoning property owned by Woodland Tenace, Inc. at 538
Dayton Avenue (south side between Kent & Mackubin) from P-1 to RT-2 to allow the
house located at 548 Dayton Avenue to be moved to the vacant lot at 538 Dayton Avenue,
which will make possible for the construction of a five-stall garage at 548 Dayton Avenue,
immediately adjacent to the Woodland Terrace rowhouses.
(Item #37 considered at the same time)
Motion of Intent Adopted Yeas - 6 Nays - 0(Councilmember Grimm not present for
vote)
The City Council meeting recessed at 5:00 p.m. and reconvened at 5:10 p.m. (All members present)
38. Third Reading - 94-1238 - An ordinance amending Council File 93-471 an interim firearms
license moratorium ordinance to conform to the Council's previously expressed intent.
Christopher Dietzen, attorney for the gun shop owner, Gregg Perkins, reviewed a letter and
an affidavit from his client. He requested the City consider its duty to conect the intent of
the moratorium and amend it so that it did not apply to his clients' business.
Kent Harbison and Rick Snyder, Fredrikson & Byron, representing the residents of the area,
spoke about the legal issues involved.
Laura Melnick, 1737 Aldine Street; Todd Seabury-Kolod, 1622 Thomas; Jodi Bantley, 1443
Hewitt Avenue; Joette Hamann, 1628 Lafond; Gus Hamann, 1628 Lafond; Mary Gallagher,
1397 Hewitt Avenue; Mark Granlund, 1397 Hewitt Avenue; Will Rolf, 542 Portland; Mark
Dahlager, 737 Aldine Street; and Sue Anderson (no address given) spoke in opposition to
the gun shop being in their neighborhood.
Mr. Dietzen indicated that the appellate process would take 8 to 12 months and stated that
his client cannot wait for the court to rule on an issue that the Council can correct by
amending the moratorium.
Councilmember Rettman moved to close the public hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin indicated that the issue of the gun shop itself needed to be looked
at and not necessarily the number of people in opposition to it.
Laid over one week for final adoption.
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September 7, 1994 City Council Summary Minutes Page 12
SUSPENSION ITEM
Resolution - 94-1323 - Approving application for a Liquor On Sale (A), Liquor On Sale-
Sunday, and Restaurant (B) License by Pig's Eye Corporation, dba Pig's Eye Grill, 30 East
7th Street.
Motion for suspension moved by Councilmember Guerin.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman moved approval.
Adopted Yeas - 6 1 Abstention (Thune)
Councilmember Blakey moved adjournment.
Roll Call Yeas - 7 Nays - 0
�
E AT •25 P.M.
David ne ou ' President
ATTEST:
� Minutes approved by Council
a. '`_Z�e--�-�-
Nancy Ander �� . � . �q`1 `
Assistant Council Secretary
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