Loading...
Minutes 06-22-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 22, 1994 3:30 P.M. - City Council Chambers - Third Floor City Hall and Court House St. Paul, Minnesota Present - 7- Councilmembers Blakey, Guerin, Grimm, Harris, Megard, Rettman, Thune Absent - 0 Councilmember Thune called the meeting to order at 3:40 p.m. CONSENT AGENDA Councilmember Thune requested that item 26 be removed for discussion. Councilmember Rettman requested that items 11 and 29 be removed for discussion. Councilmember Megard requested that items 30 and 32 be removed for discussion. Councilmember Guerin moved approval of the Consent Agenda as amended. Roll Call Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of May 4 and May 11, 1994 City Council meetings. Adopted Yeas - 7 Nays - 0 2. Claims of Carol Castro, James Holisky and Michael Holisky, Jeremy David Karjala, Barbara A. Nash, Richard L. Plagens, State Farm Insurance (Amy Knox), Audrey Whitney, and Lois Yellowthunder. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Jerrald McWilliams vs. the City of St. Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Diana Wettengel vs. Michael A, Kveene and the City of St. PauL Referred to the City Attorney's Office 5. Notice of Motion and Motion, Memorandum of Law, and Affidavit of Counsel in the matter of Herbert L. Howe, dba Cozy Cantina, vs. the City of St. Paul. Referred to the City Attorney's Office 6. Notice, Petition, Notice of Intent to Possess, Notice of Pendency of Condemnation Proceedings, and Order Granting Petition and Appointing Commissioners in the matter of the Housing and Redevelopment Authority of the City of St. Paul vs. Donald Frederick Schultz, et al. Refened to the City Attorney's Office City Council Summary Minutes June 22, 1994 7. Communication from Bannigan & Kelly, P.A., Attorneys at Law, regarding complaint of Mark and Nora Chapeau concerning continuing city code violations on property at 571- 573 Atlantic Street. Referred to the City Attorney's Office 8. Petition of the Trillium Corporation for the vacation of the alleys in Block 70 and Block 75, Dawson's Earl Street Addition to St. Paul Minnesota. (For referral to the Finance Department for check as to form and suf�ciency). Referred to the Finance Department as to form and sufficiency 9. Letter from the Department of Planning and Economic Development setting date of public hearing for June 29, 1994 to consider the appeal of Michael and Harriet Arend to a Planning Commission decision granting a special condition use permit to allow a hair salon-beauty parlor at 1457 Grand Avenue. 10. Letter from the St. Paul Division of Public Health declaring 811 Case Avenue, 867 Woodbridge Street, and 693 Front Avenue as nuisance properties and setting dates of Legislative Hearing for July 5, 1994, and City Council Hearing for July 13, 1994. 11. (discussed later in the meeting) 12. Resolution - 94-879 - Approving renewal of various On Sale Wine and Supporting Licenses by: Shantyboat Restaurant & Patio Barge, Harriet Island; and Phalen Park Hall, 1324 Rose Avenue E. (ID # 15711-85353) (To be laid over one week for adoption) Laid over to June 29 for adoption 13. Resolution - 94-880 - Approving renewal of various Class III Licenses by: John Castro, St. Paul Collision Center, 102 East Acker Street; Gerald Dettinger, Sun & Sno Motel, 1810 West 7th Street; Wabasha Tire & Auto Center, 411 South Wabasha Street; and Michael E. Corcoran, Computer-Tune, 1835 Case Avenue. (ID# 53640-94299) (To be laid over one week for adoption) Laid over to June 29 for adoption 14. Resolution - 94-881 - Approving renewal of a Second Hand Dealer Motor Vehicle and Pawnbroker License by Twin City Auto Pawn Inc., 605 Como Avenue. (ID#77548) (To be laid over one week for adoption) Laid over to June 29 for adoption 15. Resolution - 94-882 - Approving renewal of Recycling Processing Center License held by Metal Reduction Co. Inc., 355 East University Avenue (ID #68395) (To be laid over one week for adoption) Laid over to June 29 for adoption 2 City Council Summary Minutes June 22, 1994 16. Preliminary Order - 94-883 - In the matter of operating and maintaining the City-owned "Town Square" public spaces, and setting date of public hearing for July 27, 1994. (File #18113-94) Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 94-884 - In the matter of sidewalk reconstruction on the south side of East Wyoming Street from Harvard Street to Woodbury Street, and setting date of public hearing for August 3, 1994. (File #59487) Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 94-885 - In the matter of sidewalk reconstruction on both sides of Goodhue Street from South Western Avenue to Richmond Street and the east side of Richmond Street from Goodhue Street to Superior Street and setting date of public hearing for August 3, 1994. (File #S9495) Adopted Yeas - 7 Nays - 0 19. Resolution Approving Assessment - 94-886 - In the matter of summary abatement (removal of garage and contents) for property at 865 Woodbridge J9407A (9605); summary abatements (property clean-up) for April and May 1994 J9408A (9606); boarding-up of vacant buildings for February and March 1994 J9407B (9602); and demolition of vacant buildings for April and May 1994 J9407C (9603), and setting date of hearing before the Legislative Hearing Officer for August 16, 1994, and public hearing before the City Council for August 24, 1994. Adopted Yeas - 7 Nays - 0 20. Resolution - 94-841 - Approving the appointments, by Mayor Coleman, of John O'Halloran and Gail Gisi to the Saint Paul Parks and Recreation Commission. (Laid over from June 15 for adoption) Adopted Yeas - 7 Nays - 0 21. Resolution - 94-842 - Approving the appointment, by Mayor Coleman, of Sandra Jewell to the Overnight Shelter Board. (Laid over from June 15 for adoption) Adopted Yeas - 7 Nays - 0 22. Resolution - 94-843 - Approving the appointments, by Mayor Coleman, of William Buth, Beverly Wise, John Mannillo, Steven Pauling, and Scott Foreman to the Skyway Governance Committee. (Laid over from June 15 for adoption) Adopted Yeas - 7 Nays - 0 23. Resolution - 94-844 - Approving the reappointments of Jim Yannarelly and Paul Finsness, and the appointment of Robert Nardi by Mayor Coleman to the Truth in Housing Board of Examiners. (Laid over from June 15 for adoption) Adopted Yeas - 7 Nays - 0 3 City Council Summary Minutes June 22, 1994 24. Resolution - 94-846 - Approving the appointment, by Mayor Coleman, of Stephen Hasselmann to the Saint Paul Board of Water Commissioners. (Laid over from June 15 for adoption) Adopted Yeas - 7 Nays - 0 25. Resolution - 94-887 - Approving action of the Property Code Enforcement Board of Appeals on May 12, 1994, pertaining to property at 334 Cherokee Avenue. Adopted Yeas - 7 Nays - 0 26. (discussed later in the meeting) 27. Resolution 94-889 - Approving acceptance of a grant in the amount of $5,000 from the Minnesota Department of Health and allowing the City of St. Paul to participate in a program with other Ramsey County municipalities to conduct compliance checks on the sale of tobacco related products to minors. Adopted Yeas - 7 Nays - 0 28. Resolution - 94-890 - Amending the 1994 Budget by adding $60,000 to the Financing and Spending Plans in the Division of Parks and Recreation for Municipal Stadium improvements. Adopted Yeas - 7 Nays - 0 29. (discussed later in the meeting) 30. (discussed later in the meeting) 31. Resolution - 94-893 - Extending interim ordinance imposing moratorium on location of additional firearm businesses within 1,000 feet of a protected use. Adopted Yeas - 7 Nays - 0 32. (discussed later in the meeting) 33. Resolution - 94-895 - Commemorating the "30 Trees for 30 Years" ceremony of the District 10 Como Community Council and the Hubert H. Humphrey Job Corps Center. Adopted Yeas - 7 Nays - 0 34. Resolution - 94-896 - Finalizing City Council adverse action taken on June 15, 1994 pertaining to licenses held by Born's Bar, 899 Rice Street. Adopted Yeas - 7 Nays - 0 4 City Council Summary Minutes June 22, 1994 11. Resolution - 94-878 - Approving renewal of various On Sale Liquor and Supporting Licenses by: The St. Paul Hotel, 350 Market Street; Boca Chica, 11 Concord Street; Beaver Lounge, 756 Jackson Street, Born's Dutch Bar, 899 Rice Street; Wilebski Brother's Bar, 601 Western Avenue N; Gallivan's, 354 Wabasha Street N; Pickle's Lounge, 1082 Arcade Street; Forepaugh's, 276 Exchange Street S; and J R Mac's, 1420 7th Street W. (ID # 13412-92598). (To be laid over one week for adoption) Councilmember Rettman moved this item be laid over to June 29 for adoption with the exception of Born's Dutch Bar to be laid over to July 20. Roll Call Yeas - 7 Nays - 0 26. Resolution - 94-888 - Accepting State appropriation of $1,250,000 for Children's Museum and transferring funds to HRA for disbursement. Councilmember Thune moved this item be laid over to July 13. Roll Call Yeas - 7 Nays - 0 29. Resolution - 94-891 - Accepting State Legislation Article 5, Section 27, Chapter 587 of Laws of 1994 and establishing St. Paul pilot project "Rental Tax Equity". Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 94-892 - Setting forth program steps for the "Rental Tax Equity; St. Paul Pilot Project". Councilmember Megard expressed concerns over the Tax Equity Program Guidelines, particularly the definition of "owner", the criteria for inspection, and the fact that the plan only targets one neighborhood in wards 3 and 4 but targets two neighborhoods in each of the other wards. She requested that the surveys be made mandatory and urged the Council to approve the program with the exception of the guidelines. She requested the guidelines be laid over one week for revision. Councilmember Rettman emphasized the tight timeline to which the program is subject. She indicated that holding the item for a week would leave little time to adequately prepare for its implementation. She agreed that some of the guidelines are still in draft form and subject to revision. With regard to the target neighborhoods, Councilmember Rettman stated that the program targets those areas that have the highest rate of rental property decline. She also indicated that the ownership guidelines set by the legislation identify single-family and duplex units as eligible for the program. Councilmember Rettman indicated that inspections are governed by chapter 189 of the Legislative Code. All independent contractors must meet these standards and are required to complete training regarding rental taac equity. Councilmember Guerin indicated his support of a survey requirement and requested that the Council move the project forward. Councilmember Harris expressed concern regarding the selection of specific target areas, particularly if the selection is left to the discretion of Councilmembers. He stated that funding should be available only to St. Paul resident landlords. 5 City Council Summary Minutes June 22, 1994 Councilmember Rettman explained that certi�cation will not be offered to those other than St. Paul resident landlords until September 6. She indicated that all of the funds could be distributed to St. Paul resident landlords prior to that date. Chuck Armstrong of the Mayor's Office indicated that the Housing Division of the Department of Planning and Economic Development (PED) is willing to assist Councilmembers in selecting target areas within their ward. In response to a question from Councilmember Harris, Mr. Armstrong indicated that it is a general perception that a higher concentration of rental properties can be found in wards 1, 2, 5, 6 and 7. In response to a question from Councilmember Thune, Ken Ford of PED indicated that data is available regarding the location of rental housing; however, he has not been involved in the development of the criteria for the guidelines. Councilmember Rettman said that she believed that real data was used in the selection of target areas when the program was developed by State Legislator Andy Dawkins. Mr. Armstrong indicated that the administration is willing to add an additional target zone to wards 3 and 4. He proposed that the survey be mandatory with the cost covered by the Housing Information Office, and he encouraged the Council to move ahead with the program if these compromises were sufficient. Councilmember Megard indicated that she will vote in favor of the program with stipulations that the survey be mandatory, that all of the Councilmembers consult with PED when selecting target areas, that all of the wards have the same number of target areas, and that complete data is compiled after inspections. Councilmember Rettman indicated her consent to the stipulations and moved approval of the resolution. Adopted (Tax Equity Program Guidelines amended) Yeas - 7 Nays - 0 32. Resolution - 94-894 - Supporting the Saint Paul Neighborhood Energy Consortium's request for continued funding from NSP for residential energy audits and the income- eligible House Doctor Program. Councilmember Megard indicated that she has prepared a substitute resolution which changes the wording of the last resolve to emphasize service to low income residents. She indicated that the substitute resolution has the requisite number of signatures and moved to introduce the substitute resolution. Roll Call Yeas - 7 Nays - 0 Councilmember Megard indicated that the changes to the resolution require the energy audit vendor be familiar with the neighborhoods and request the commissioner to closely evaluate the need for the House Doctor program to meet the needs of lower income residents. Councilmember Megard moved approval of the substitute resolution. Substitute adopted Yeas - 7 Nays - 0 FOR DISCUSSION 35. (discussed later in the meeting) 6 City Council Summary Minutes June 22, 1994 36. (discussed later in the meeting) 37. Resolution - 94-897 - Requesting that the Planning Commission study City resource allocation programs and make recommendations to the City Council and the Mayor to improve the current allocation processes. Councilmember Megard moved this item be laid over to June 29. Roll Call Yeas - 7 Nays - 0 ORDINANCES 38. Final Adoption - 94-745 - An ordinance amending Section 409.21 of the Legislative Code allowing charitable organizations to conduct gambling by the sale of paddlewheel tickets in certain licensed establishments. Councilmember Rettman moved approval of the resolution as amended at the June 15 meeting. Adopted as amended Yeas - 7 Nays - 0 39. Final Adoption - 94-746 - An ordinance amending Chapters 6.03.3 and 12 of the Saint Paul City Charter by requiring City employees to take a leave of absence if elected to City office, to deem certain matters as conflicts of interest for Councilmembers on leave from City employment, and to submit the amendments to the City voters for approval. Councilmember Megard indicated that the ordinance will not affect any of the cunent Councilmembers as the effective date is January, 1996. She further indicated that the requirements outlined in the ordinance are the norm required at the State and County levels, and in cities such as Minneapolis, Robbinsdale, Bloomington, and Shoreview. After outlining the major points of the ordinance, Councilmember Megard indicated that this policy will prevent self interest from entering into City policy making. Councilmember Megard explained that an affirmative vote would send. this matter to the Charter Commission for review and then to the voters in September. Councilmember Guerin indicated that the Charter Commission can review this issue at any time without action on the part of the Council. He stated that the restrictions in the ordinance seem to punish people for running for public of�ce, and he indicated that he will vote against the ordinance. Councilmember Blakey stressed the need to make a distinction between management and labor. He emphasized that people from all walks of life should take part in government, but being on both the management side and the labor side is not appropriate. Councilmember Blakey stressed that a leave of absence should be required for City employees, but he is willing to compromise on the other issues. Councilmember Harris indicated that other governmental bodies require a leave of absence. He expressed his belief that this policy will promote efficiency and integrity and is a component of good government. He indicated a willingness to compromise on some of the guidelines set forth in the ordinance. Councilmember Thune indicated that he felt this discussion is premature, and he 7 City Council Summary Minutes June 22, 1994 expressed a desire to take it up again in a year. Councilmember Grimm stated that more study is needed before this ordinance can be passed. Councilmember Rettman indicated that she has never voted in a manner that would result in personal gain and feels that public employees should be given the same opportunity to serve in elected office as everyone else. Councilmember Megard indicated that under the ordinance, City employees would have the opportunity to serve in elected positions. She indicated that the changes to policy outlined in the ordinance directly relate to conflict of interest issues. Councilmember Megard moved approval of the ordinance. Councilmember Harris stated that this ordinance is not meant to question the integrity of individual Councilmembers, but it brings the City up to the same standards that are applied to other governmental bodies. He indicated that the ordinance is not perfect, but it does not exclude individuals from serving in an elected capacity. Failed Yeas - 3(Blakey, Harris, Megard) Nays - 4(Guerin, Grimm, Rettman, Thune) (Councilmembers Thune and Blakey left the meeting) 40. Third Reading - 94-817 - An ordinance amending Chapter 60 of the Legislative Code and finalizing City Council approval of a petition by Perry and Jeanne LaBelle to rezone property located at 1217 White Bear Avenue to B-3 to allow e�cpansion of an existing muffler shop. (Public hearing held May 11) Laid over to June 29 for Final Adoption 41. Second Reading - 94-500 - An ordinance amending Chapter 310 of the Legislative Code relating to procedures for renewal of Class III licenses. (City Operations Committee recommends approval as amended.) Laid over to June 29 for Third Reading (Councilmember Harris left the meeting) 42. Second Reading - 94-858 - An ordinance amending Chapter 60 of the Legislative Code by rezoning property of Janice A. Meyer located at 2186 Como Avenue from RT-2 to B- 1 to allow a framing shop and art retailer. Laid over to June 29 for Third Reading 43. Second Reading - 94-859 - An ordinance amending the Legislative Code by adding a new Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of �rearms in on-sale liquor premises, to require alcohol awareness training, and to require training of bartenders on �rearms and the use of deadly force. (Referred to City Operations Committee on June 15 with readings to continue in Council) Laid over to June 29 for Third Reading/Public Hearing 8 City Council Summary Minutes June 22, 1994 44. First Reading - 94-898 - An ordinance amending Sections 310.01 and 310.05 of the St. Paul Legislative Code to allow the imposition of fines, and of all or a part of the costs of contested case hearings, on licensees or applicants. Laid over to June 29 for Second Reading PUBLIC HEARINGS (Councilmembers Blakey and Harris returned) 45. Resolution 94-877 - Ordering the owner(s) to repair or remove structure located at 550 Como Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from June 15) No one appeared in opposition. Councilmember Rettman indicated that the owner has not secured the appropriate permits and bonds to restore the building. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 46. Resolution - 94-899 - Approving application for transfer of Gambling Manager's Licenses by Steven Frias, dba West Side Booster Club at Westsider Bar, 429 South Robert Street; Winner's Bar, 674 Dodd Road; and Joseph's, 537 State Street, to Jacqueline M. Osborne at the same addresses. (ID #64677, 81498 & 94915) No one appeared in opposition. Councilmember Harris moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 47. Resolution - 94-900 - Approving application for a new Gambling Manager's License by Mark S. Larson, dba Dead Broke Saddle Club, at Pebbles Bar, 880 E. 7th Street. (ID #92806) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 48. Resolution - 94-901 - Approving application of a new State Class B Gambling Premise Permit by Thomas Schaffhausen on behalf of Dead Broke Saddle Club, at Pebbles Bar, 880 East 7th Street. (ID #B-03800) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 9 City Council Summary Minutes June 22, 1994 49. Resolution - 94-902 - Approving application for a new Gambling Manager's License by Marlyn Damman, dba American Business Women's Association/Lady Slipper Chapter, at Ryan's, 201 East 4th Street. (ID #35430) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 50. Resolution - 94-903 - Approving application of a new State Class B Gambling Premise Permit by Joy LeBus on behalf of American Business Women's Association/L,ady Slipper Chapter, at Ryan's, 201 East 4th Street. (ID #03162) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 51. Resolution - 94-904 - Approving application of a new Class B Gambling Location License by T& M Top Hat Inc., dba Top Hat Lounge, 134 East Sth Street. (ID #80483) No one appeared in opposition. Councilmember Harris moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 52. Resolution Ratifying Assessment - 94-830 - In the matter of grading and paving, construct concrete curb and gutter, construct storm water drainage facilities and do all other work necessary to complete said project in Capp Road from Vandalia Street to approximately 416 feet east of Vandalia Street. (File # 18679) (Laid over from June 8th) No one appeared in opposition. Councilmember Megard moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 53. Resolution Ratifying Assessment - 94-831 - In the matter of installing a public water main in Capp Road from Vandalia Street to approximately 416 feet east of Vandalia Street. (File #18679-W) (L,aid over from June 8th) No one appeared in opposition. Councilmember Megard moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 54. Resolution Ratifying Assessment - 94-905 - In the matter of sidewalk reconstruction on both sides of Euclid Avenue from Flandrau Street to North White Bear Avenue. (File #59307) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 10 City Council Summary Minutes June 22, 1994 55. Resolution Ratifying Assessment - 94-906 - In the matter of sidewalk reconstruction on the east side of Arcade Street from East Ivy Avenue to Clear Avenue. (File #S9332) No one appeared in opposition. Councilmember Guerin moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 56. Resolution Ratifying Assessment - 94-907 - In the matter of sidewalk reconstruction on both sides of Clear Avenue from North Ruth Street to unimproved North Winthrop Street. (File #59333) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 57. Resolution Ratifying Assessment - 94-908 - In the matter of sidewalk reconstruction on the east side of Edgerton Street from East Ivy Avenue to Sherwood Avenue. (File #59334) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 58. Resolution Ratifying Assessment - 94-909 - In the matter of sidewalk reconstruction on both sides of East Hoyt Avenue from Germain Street to Kennard Street. (File S9335) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 59. Resolution Ratifying Assessment - 94-910 - In the matter of sidewalk reconstruction on both sides of East Idaho Avenue from Kennard Street to Flandrau Street. (File #S9336) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 60. Resolution Ratifying Assessment - 94-911 - In the matter of sidewalk reconstruction at 1827 East Ivy Avenue located on the north side of East Ivy Avenue from North White Bear Avenue to Van Dyke Street. (File #S9337) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 11 City Council Summary Minutes June 22, 1994 61. Resolution Ratifying Assessment - 94-912 - In the matter of sidewalk reconstruction on the south side of East Maryland Avenue from North White Bear Avenue to Van Dyke Street. (File S9338) No one appeared in opposition. Councilmember Grimm moved approval of the resolution. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 62. Final Order - 94-870 - In the matter of sidewalk reconstruction on both sides of Eleanor Avenue from South Cretin Avenue to Mount C'�rve Boulevard and the west side of South Cretin Avenue from Eleanor Avenue to approximately 125 feet north of Eleanor Avenue. (File #S9435) (Laid over from June 15) No one appeared in opposition. Councilmember Harris moved this item be laid over to June 29. Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 63. Final Order - 94-872 - In the matter of sidewalk construction (new) and/or reconstruction on the north side of Norfolk Avenue from Sumner Street to South Cleveland Avenue, and the south side of Norfolk Avenue from South Prior Avenue to South Cleveland Avenue. (File #59437) (Laid over from June 15) No one appeared in opposition. Councilmember Harris moved this item be laid over to June 29. Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 64. Final Order - 94-873 - In the matter of sidewalk reconstruction on the west side of South Prior Avenue from Sheridan Avenue to Norfolk Avenue. (File #59438) (Laid over from June 15) No one appeared in opposition. Councilmember Harris moved this item be laid over to June 29. Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 65. Final Order - 94-550 - In the matter of sidewalk reconstruction with retaining wall and integral curb on the south side of E. Fourth Street from approximately 100 feet east of Wacouta Street to approximately 150 feet east of Wacouta Street. (File #S9413) (Laid over from May 25) No one appeared in opposition. Councilmember Grimm moved this item be rescinded to be considered at a later date. Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 66. Final Order - 94-913 - In the matter of sidewalk reconstruction on both sides of West Idaho Avenue from Fernwood Street to Huron Street. (File #S9440) No one appeared in opposition. Councilmember Blakey moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 12 City Council Summary Minutes June 22, 1994 67. Final Order - 94-914 - In the matter of sidewalk reconstruction on both sides of Duluth Street from East Maryland Avenue to East Hawthorne Street. (File #S9442) No one appeared in opposition. Councilmember Grimm moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 68. Final Order - 94-915 - In the matter of sidewalk reconstruction on both sides of East Maryland Avenue from Frank Street to Duluth Street. (File #59443) No one appeared in opposition. Councilmember Grimm moved this item be laid over to June 29. Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 69. Final Order - 94-916 - In the matter of sidewalk reconstruction on the south side of Dayton Avenue from North Cleveland Avenue to North Finn Street at 2096 Dayton Avenue. (File #59444) No one appeared in opposition. Councilmember Megard moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) 70. Final Order - 94-917 - In the matter of sidewalk reconstruction on both sides of Edmund Street from Fry Street to Aldine Street. (File #S9445) No one appeared in opposition. Councilmember Megard moved this item be laid over to June 29. Roll Call Yeas - 6 Nays - 0 (Councilmember Thune not present for vote) 71. Final Order - 94-918 - In the matter of sidewalk reconstruction on the south side of Iglehart Avenue from Fry Street to Pierce Street. (File #59446) No one appeared in opposition. Councilmember Megard moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote) (Councilmember Guerin left the meeting) 72. Final Order - 94-919 - In the matter of sidewalk reconstruction on both sides of Iglehart Avenue from Moore Street to North Wilder Street. (File #S9447) No one appeared in opposition. Councilmember Megard moved approval of the order. Adopted Yeas - 5 Nays - 0 (Councilmembers Thune and Guerin not present for vote) 13 City Council Summary Minutes June 22, 1994 73. Final Order - 94-920 - In the matter of sidewalk reconstruction on both sides of South Albert Street from Grand Avenue to Lincoln Avenue. (File #59448) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 5 Nays - 0 (Councilmembers Thune and Guerin not present for vote) (Councilmember Thune returned) 74. Final Order - 94-921 - In the matter of sidewalk reconstruction on the south side of Bayard Avenue from South Prior Avenue to Sumner Street. (File #S9449) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote) 75. Final Order - 94-922 - In the matter of sidewalk reconstruction on both sides of Juliet Avenue from South Prior Avenue to Kenneth Street. (File #59450) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote) 76. Final Order - 94-923 - In the matter of sidewalk reconstruction on both sides of Juno Avenue from South Syndicate Street to South Hamline Avenue. (File #S9451) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote) 77. Final Order - 94-924 - In the matter of sidewalk reconstruction on the south side of Osceola Avenue from South Griggs Street to South Syndicate Street at 1236 Osceola Avenue. (File #59452) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote) 78. Final Order - 94-925 - In the matter of sidewalk reconstruction on the north side of Watson Avenue from South Cretin Avenue to South Cleveland Avenue at 2075 and 2079 Watson Avenue. (File #S9453) No one appeared in opposition. Councilmember Harris moved approval of the order. Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote) (Councilmember Guerin returned; Councilmember Rettman left the meeting) 14 City Council Summary Minutes June 22, 1994 79. Hearing to consider the petition of the Travelers Insurance Company for the vacation of a 0.5 foot encroachment of the Town Square Building into Minnesota Street between 7th Street and 8th Street. (File #7-1994) Carolyn McCann, attorney representing the Travelers Insurance Company, indicated that paragraph four (4) of the resolution requires the petitioner to enter into an agreement with the Downtown Community Development Council (DCDC) which mandates certain improvements with regard to planters, greenery and street level display windows. Ms. McCann urged the Council to approve the vacation with the deletion of paragraph four (4) from this resolution and the resolution regarding agenda item 80. Ms. McCann indicated that the property owner is trying clarify title issues and would not like this part of the agreement recorded on the permanent real estate record as it could be an impediment to marketing the property. David Bradshaw of the DCDC indicated that the DCDC supports the petition of Travelers Insurance but wants the resolution to include the requirements regarding the beautification of the street level. Councilmember Harris moved to close the public hearing and approve the motion of intent. Motion of Intent adopted Yeas - 6 Nays - 0 (Councilmember Rettman not present for vote) 80. Hearing to consider the petition of the Travelers Insurance Company for the vacation of a 0.5 foot encroachment of the Town Square Building into Cedar Street between 7th Street and 6th Street. (File #8-1994) No one appeared in opposition. Councilmember Harris moved to close the public hearing and approve the motion of intent. Motion of Intent adopted Yeas - 6 Nays - 0 (Councilmember Rettman not present for vote) 81. Hearing in the matter of rezoning property owned by Rosewood Estate at 2305 Ford Parkway and 775 Woodlawn Avenue from P-1 (parking), OS-1 (office), and I-1 (industrial) to RM-2 (residential) to allow multi-family housing for the elderly. No one appeared in opposition. Councilmember Harris moved to close the public hearing. Roll Call Yeas - 6 Nays - 0 Councilmember Harris moved to approve the motion of intent. Motion of Intent adopted Yeas - 6 Nays - 0 (Councilmember Rettman not present for vote) (Councilmember Rettman returned) 82. Resolution - 94-926 - Concerning adverse action against license held by FinaServe Inc., 2067 Grand Avenue (Uncontested). Phil Byrne of the City Attorney's Office discussed agenda items 82, 83, 84, 85. He indicated that all four of the businesses do not contest the fact that they sold cigarettes 15 City Council Summary Minutes June 22, 1994 to a minor. He recommended a$200.00 fine for the businesses for which this is a�rst offense; FinaServe, Morgan's Mexican & Lebanese Foods, and 7th Street Market. He recommended a$400.00 fine for Parkway Auto Care as it is a second offense. Councilmember Megard moved approval of the resolution. Adopted Yeas - 7 Nays - 0 83. Resolution - 94-927 - Concerning adverse action against license held by 7th Street Market, 1658 7th Street (Uncontested). Councilmember Blakey moved approval of the resolution. Adopted Yeas - 7 Nays - 0 84. Resolution - 94-928 - Concerning adverse action against license held by Parkway Auto Care, 2005 Ford Parkway (Uncontested). Councilmember Harris moved approval of the resolution. Adopted Yeas - 7 Nays - 0 85. Resolution - 94-929 - Concerning adverse action against license held by Morgan Foods, 736 South Robert Street (Uncontested). Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 35. Resolution - 94-845 - Approving appointments, by Mayor Coleman, of James Adams, Dick Anfang, Councilmember Jerry Blakey, Larry Buegler, Dr. Susan Cole, Mayor Norm Coleman, Jay Cowles, Vicki Davis, Carl Drake, Gary Grefenberg, Councilmember Dino Guerin, Phyllis Harvin, Jack Hoeschler, Joseph Johnson, Susan King, David Lilly, Warren Schaber, Patricia Tototzintle, and Billie Young to the Riverfront Development Corporation. (Laid over from June 15 for adoption) Councilmember Thune recommended approval of items 35 and 36 with further discussion to take place at a later date. Councilmember Guerin stated for the record that he is in favor of adding a legislator to the Commission. Councilmember Grimm concurred with Councilmember Guerin. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 94-857 - Approving amendments to the Articles of Incorporation of the Riverfront Redevelopment Corporation. (Laid over from June 15) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16 City Council Summary Minutes June 22, 1994 Councilmember Grimm moved the meeting be adjourned. Roll Call Yeas - 7 Nays - 0 �` OUR ED :30 P.M. __ , David un o cil President ATTEST: Minutes approved by Council Nancy Ander, �-z, _ o �l T Assistant Council Secretary lt 17