Minutes 06-15-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 15, 1994 - 3:30 P.M.
City Council Chambers - 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Members Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman,
Thune
Members Absent - 0
CONSENT AGENDA
Councilmember Blakey requested that Item 19 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Roll Call Yeas - 5 Nays - 0
FOR ACTION
1. Approval of minutes of April 20 and 27, 1994 City Council meetings.
Adopted Yeas - 7 Nays - 0
2. Claims of Terri L. Coppage, Donald R. Harrington, Elsie Mayard, Todd L. Munoz,
Jonathan Siess, and Dorothy K. Vietor.
Referred to the City Attorney's Office
3. Order, Petition for and Writ of Certiorari in the matter of Herbert L. Howe dba
Cozy Cantina vs the City of Saint Paul.
Referred to the City Attorney's Office
4. Notice of Petition and Order for Investigation in the matter of improvements of
proposed railroad crossbuck, railroad advance warning signs and pavement marking
for railroad-highway grade crossings on the Soo Line Railroad in the Twin Cities
Metro Area.
Referred to the City Attorney's Office
5. Notice and Petition of the Housing and Redevelopment Authority of the City of
Saint Paul vs Ronald Kent Williams et al in the matter of the condemnation of
certain real estate property for the East Side Neighborhood Development
Corporation Urban Revitalization Action Program Payne/Phalen District 5.
REFERRED TO THE CITY ATTORNEY'S OFFICE
6. Administrative Orders:
D00136 Approving payment in St. Paul Public Health (Immunization Action Plan
Grant) not to exceed a1,500 for the travel of Kalease Smith and
Margaret Vaillancourt to attend the 28th National Immunization
Conference
D00138 Approving payment in St. Paul Public Health (Nutrition
Program/Inservice Presentation)) not to exceed �275 to Margaret
Powers, Judith Brown, and Lynn Bearinger for services rendered
D00139 Addition of �200 to the contract in the Division of Parks and
Recreation for Arlington Recreation Center Play Area/Handicap
Accessibility
City Council Summary Minutes June 15, 1994
D00140 Amending 1994 budget in the Office of Human Resources/Department of
Executive Administration for consultant services
Noted as on file in the City Clerk's Office
7. Letter from Saint Paul Public Health declaring 804 Jessamine Avenue East, as
"nuisance property". (For notification purposes only; public hearings will be
scheduled at a later date if necessary)
8. Letter from Saint Paul Public Health declaring 903 Sixth Street East, 430-434
Case Avenue, 858 Marion Street, 1182 Dale Street North and 1115 Agate Street as
"nuisance property" and setting date of Legislative Hearing for June 21, 1994 and
City Council Hearing for June 29, 1994.
9. Letter from the Department of Planning and Economic Development setting a date of
public hearing for June 29, 1994, to consider the appeal of Dorothy and George
Heuer to a decision by the Board of Zoning Appeals granting a front yard setback
variance to allow construction of a garage and living space addition for property
located at 692 Woodlawn Avenue.
10. Resolution - 94-836 - Approving application for the renewal of Class III and
Supporting Licenses by Old Volks Home, 525 7th Street East. (Laid over from June
8
Nancy Anderson, Assistant Secretary to the Council, noted that the resolution
requires an address correction to read 525 7th Street East rather than Rice
Street.
Adopted as Amended Yeas - 7 Nays - 0
11. Preliminary Order - 94-837 - In the matter of sidewalk reconstruction on both
sides of Conway Street from Cypress Street to Earl Street, and setting date of
public hearing for August 3, 1994, (File #S9488)
Adopted Yeas - 7 Nays - 0
12. Preliminary Order - 94-838 - In the matter of sidewalk reconstruction on both
sides of North Winthrop Street from North Park Drive to Burns Avenue, and setting
date of public hearing for August 3, 1994. (File #S9489)
Adopted Yeas - 7 Nays - 0
13. Preliminary Order - 94-839 - 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, and
setting date of public hearing for August 3, 1994. (File #S9490)
Adopted Yeas - 7 Nays - 0
14. Preliminary Order - 94-840 - In the matter of sidewalk reconstruction on the
north side of Summit Avenue from Virginia Street to North Western Avenue, and
setting date of public hearing for August 3, 1994. (File #S9491)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-841 - Approving the appointments, by Mayor Coleman, of John
0'Halloran and Gail Gisi to the Saint Paul Parks and Recreation Commission. (To
be laid over one week for adoption)
Laid over to June 22
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City Council Summary Minutes June 15, 1994
16. Resolution - 94-842 - Approving the appointment, by Mayor Coleman, of Sandra
Jewell to the Overnight Shelter Board. (To be laid over one week for adoption)
Laid over to June 22
17. 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. (To be laid over one week for adoption)
Laid over to June 22
18. 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. (To be laid over one week for adoption)
Laid over to June 22
19. (Discussed later in the meeting in conjunction with Item 31)
20. Resolution - 94-846 - Approving the appointment, by Mayor Coleman, of Stephen
Hasselmann to the Saint Paul Board of Water Commissioners. (To be laid over one
week for adoption)
Laid over to June 22
21. Resolution - 94-847 - Amending the 1994 Capital Improvement Bond Funds budget in
the Division of Parks and Recreation by transferring a20,000 in the Financing and
Spending Plans for the Children's Downtown Outdoor Play Area.
Adopted Yeas - 7 Nays - 0
22. Resolution - 94-848 - Amending C.F. No. 91-1414 by expanding the membership of
the Bicycle Advisory Board to include a member representing the Saint Paul Police
Department.
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-849 - Approving the action of the Property Code Enforcement Board
of Appeals for the meeting of May 12, 1994 granting variances for properties at:
904 Fourth Street East, Robert Casci appellant; 89-91 King Street East, William
Lindeke appellant; 393 Chestnut Street, Jane Funk, appellant; 601 Park Street,
John R. Palmer appellant; 334 Cherokee Avenue, River Ridge Condominiums
appellant; 1749 Thomas Avenue; 1335 Grand Avenue; 1325 Grand Avenue; 1372 Carling
Drive; 1280 Westminster Street; 1319 Westminster Street; 1325 Westminster Street;
1335 Westminster Street; 1748 Case Street; 1841 East Magnolia Avenue; 1089
Burnquist Street, 1099 Burnquist Street; 823 North Snelling Avenue; 520 Warwick
Street; 525 Thomas Avenue; and 515 South Lexington Parkway.
Adopted Yeas - 7 Nays - 0
24. Resolution - 94-850 - Approving Registered Land Survey for property of Jim Dey
located at 1217 and 1227 North Dale Street in order to record a lot split
approved in 1992. (Public hearing held June 8)
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-851 - Accepting and approving with conditions Plat for Trillium
Addition located on the southeast corner of Case Avenue and Frank Street.
(Public hearing held June 8)
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 15, 1994
26. Resolution - 94-852 - Approving the Athletic Advisory Committee, Griggs Booster
Club, and Jimmy Lee Booster Club to the 1994 Charitable Gambling 10� Club.
Adopted Yeas - 7 Nays - 0
27. Resolution - 94-853 - Approving applications and authorizing disbursement of
monies for youth program funds to the Lexington/Hamline Community Council, North
Area Midget Football, North End Youth News, North Star Speedskating Club, Phalen
Youth Club, Scheffer Booster Club, South St. Anthony Booster Club, and Sports for
Life.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. Resolution - 94-854 - Amending the 1994 Capital Improvement Budget by releasing
$500,000 in the Financing and Spending Plans in the Department of Parks and
Recreation for the Harriet Island Public Dock.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
29. Resolution - 94-855 - Accepting special legislation for the City related to
residency.
Councilmember Rettman suggested adding the word "new" employees on Line 3. This
was accepted as a friendly amendment.
Councilmember Harris questioned if making Rettman's suggested change would
restrict the Council from any future action.
City Attorney Tim Marx responded that this is a resolution only and is not
setting any policy. The Council could still make future decisions. However, he
suggested that if the Council adopts the resolution there should be a clear
statement that the Council accepts the legislation. If the Council wishes any
further indication of its intent, he suggested that it be stated separately so
there is no confusion that the Council is only partially accepting the
legislation.
Councilmember Grimm noted that Councilmember Rettman's suggestion the the
resolution say that it applies to "new" employees is the same intent of the State
Legislation.
Councilmember Blakey moved approval
Adopted as amended Yeas - 7 Nays - 0
30. Resolution - 94-856 - Directing City Administration to enter into negotiations
with Ramsey County for the purpose of developing a contract for merged treasury
services.
Councilmember Guerin moved to send the resolution to the Finance and Budget
Committee.
Roll Call Yeas - 7 Nays - 0
31. Resolution - 94-857 - Approving amendments to the Articles of Incorporation of
the Riverfront Redevelopment Corporation.
Councilmember Blakey stated that he had received a call from a State Legislator
with a concern that no Legislators are being considered for the Commission.
Blakey said he would be in favor of appointing a Legislator.
Patrick Seeb , Mayor's staff, responded that he spoke with the same Legislator
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City Council Summary Minutes June 15, 1994
who was an applicant for the Riverfront Board. The Articles of Incorporation
designate which elected officials ar� to be appointed to the Board. They include
the Mayor, members of the City Council and a Ramsey County Commissioner. There
was a clear intent when the members of the current Board of Directors of the
Riverfront Corporation approached revisions to the By-laws, and subsequent
Articles, to insure that the board is not a political body. Seeb'emphasized the
need to have close relationships to the City and to other governmental entities
but that the board should not be a political body. There was not specific
discussion as to whether or not a Legislator should be named to a designated
membership seat to the corporation. He encouraged the Council to approve the
Articles of Incorporation with the recommendation that the Corporation consider a
revision to the Articles to include State Legislative representation.
Councilmember Blakey was concerned that if the Council moves forward, and if a
Legislator is appointed, that person would miss the first meeting.
Moving forward with the Articles would allow for proceeding with the current
appointments as well as other activities of the Corporation, Seeb stated. The
current members of the corporation made a number of suggestions as to what the
new board should look like and what role it should serve. Some of those
suggestions required changes to the articles. That board has submitted its
resignation with the belief that the new board could move ahead.
Blakey said he would need assurance that a Legislator could be named to the board
before moving forward.
Council President Thune suggested the resolution be laid over one week to resolve
the appointment issue.
Councilmember Rettman noted that the appointments to the board will automatically
be laid over one week. She suggested that this resolution be approved and that
it could be reconsidered at the next meeting if necessary. The changes are minor
and passing it would allow for the change process to begin. She questioned if
someone else would be deleted from the list in order to add another.
A brief discussion ensued. Councilmember Blakey moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
19. 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. (To be laid over one week for adoption)
Laid over to June 22
ORDINANCES
32. Final Adoption - 94-704 - An ordinance amending Chapter 60 of the Legislative
Code by finalizing City Council approval of a petition of Tim Madden and rezoning
property located at 865 Front Avenue from 6-2 to RM-2. (Public Hearing held on
April 27 and June 8)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 15, 1994
33. Final Adoption - 94-705 - An ordinance amending Chapter 60 of the Legislative
Code by finalizing City Council approval of a petition by Mike and Mark Fuhr and
rezoning property located at 399 Ruth Street from OS-1 to P-1. (Public Hearing
held on April 27 and June 8)
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
34. Second Reading - 94-817 - An ordinance amending Chapter 60 of the Legislative
Code and finalizing City Council approval of a petition by Perry and Jeanne
La6elle to rezone property located at 1217 White Bear Avenue to B-3 to allow
expansion of an existing muffler shop.
Laid over to June 22 for third reading/public hearing
35. First 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 22 for second reading
36. First 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 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.
Councilmember Rettman requested that the ordinance be referred to the City
Operations Committee with readings to continue.
Referred to City Operations Committee and laid over to June 22 for second
reading.
PUBLIC HEARINGS
37. Public Hearing regarding the Report of the Administrative Law Judge's Findings of
Fact, Conclusions, and Recommendations pertaining to adverse action against
licenses held by B H& M, Inc., dba Born's Dutch Bar located at 899 Rice Street.
Phil Byrne, Assistant City Attorney representing the Licensing Office in this
matter, appeared before the Council. Mr. Byrne explained that this case was
initially set for a hearing in November, 1993 before an administrative law judge.
The County Attorney asked that the hearing be postponed until after the trials of
Michael Gorman and Nysted. Mr. Gorman was found guilty of murder by a jury
trial, and Mr. Nysted plead guilty to an offense.
That hearing was held April 12 and 13 before an administrative law judge. The
position of the LIEP Office is that they agree with the ALJ report with three
exceptions: 1) The recorded testimony of Patrick Parrott which was in the ALJ
hearing indicates that he arrived at the bar somewhere around 12:15 or 12:20 a.m.
The paramedics were not called until 12:46-12:47 a.m. The ALJ relied on Mr.
Parrott's testimony. In Findings #12 and #21 there is nothing that casts any
doubt on Mr. Parrott's credibility. There is nothing in his findings that is
inconsistent with the testimony of Mr. Parrott's arrival time at the bar; he just
did not choose to use it in his decision. Mr. Byrne told the Council that they
were entitled to use that testimony. If it is used, Mr. Byrne presented two
proposed findings - one a new finding, and another an amended finding. In
Finding #17 the ALJ says that the bartender's view of the back game room was
limited. A viewing of the premises shows very clearly that the bar is very small
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City Council Summary Minutes June 15, 1994
and that a bartender could easily see any area of the bar from any point behind
the bar. A viewing would show that ALJ is correct in determining that the
bartender had to make a deliberate choice not to get involved in the situation.
If the ability of the bartender to see the backroom from any point in the bar
becomes a focal point of the Council's determination, Byrne said he would urge
the Council to view the premises and observe the layout.
Mr. Byrne stressed that if the Council decides to proceed solely on the ALJ's
report and not accept his proposals on the two points, there is still sufficient
and strong evidence in the ALJ report to warrant an extremely severe penalty for
the license holder. The ALJ makes it very clear in his conclusions and
recommendations that both the bartender and the licensee did not act properly to
protect the health and safety of their patrons.
Mr. Byrne cited a third area of difference with the ALJ report saying that the
ALJ's recommendation for a moderate penalty is based on three factors: 1) Mr.
Born was not present at the time of the occurrence; 2) the delay was not a
causative factor in William Thomas' death; and 3) after the incident, remedial
measures were installed. Byrne said his disagreement is with the second factor
as they feel it should not be a reason to grant leniency on a penalty. A license
holder or bartender should not gamble on the possible outcome of an injured
person. In a situation where a decision not to render assistance would not have
allowed the person to live, it should not be a factor for leniency. Seven days
suspension is not adequate, Byrne stated, pointing out that this is a more
serious situation than a previous case relating to failure to renew liability
insurance for which a ten day suspension was imposed. He further noted another
case of drug sales by bartenders for which the license holder was given two weeks
with seven days suspension.
In determining a penalty to assess, Mr. Byrne urged the Council to take into
account the quality and nature of the violation itself. The bartender's failure
to take action allowed a human being to lie unconscious on a stone floor, no call
to the police or paramedics, and with bar patrons attempting to help the victim.
LIEP's recommendation was for a three week suspension. The report of the ALJ,
pages 7 and 8 of the memorandum, makes it clear that the bartender acted
inappropriately.
David Nightingale, Law firm of Bernick and Lifson, representing Born's Dutch Bar,
said he felt the issue is whether there was behavior of the license holder which
would make him in some way culpable. Nightingale stated that there was no
evidence in the ALJ hearing that linked the incident in any way to race. He
indicated that an off-duty bartender immediately telephoned the owner, Mr. Born,
and he came to the bar. The ALJ also found that the paramedics were called
immediately upon Mr. Born's arrival.
Mr. Nightingale stated to deprive the bar owner of all income for a period of
three weeks and have the employees unemployed for that period of time is totally
out of line with the facts of the situation. In view of the remedial measures
that have been taken, he requested that no sanctions be imposed on Mr. Born.
Councilmember Blakey asked Mr. Nightingale whether Mr. Born has offered any type
of compensation to the family of Mr. Thomas. Nightingale responded that to his
knowledge there has been no contact with the Thomas family.
Blakey noted that the ALJ said there was no relationship between the time of Mr.
Thomas getting punched and the time the paramedics were called. He questioned
Phil Byrne if that determination was made by a physician. Mr. Byrne responded
that the premise of the Michael Gorman conviction was that he caused the death
and there were no other intervening factors such as a delay in summoning medical
assistance. The County Attorney's Office consulted with forensic experts in that
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City Council Summary Minutes June 15, 1994
type of in�ury and whether it could be proved that Mr. Gorman was responsible for
the death. The conviction was obtained based on the testimony and evidence they
had. There is nothing to indicate that there is any possibility that immediate
assistance would have changed the outcome.
Councilmember Rettman moved to accept the Findings of Facts of the Administrative
Law Judge and Items I, III, and IV of the Proposed New or Amended
Findings/Conclusions submitted by Phil Byrne, Assistant City Attorney.
Motion carried 7-0.
(Councilmember Guerin left the meeting during the following discussion)
Public testimony regarding the penalties was received from Luther Bexell, 1745
Clear Avenue, and Brian Conners, 119 Atwater Street.
Councilmember Rettman moved to close the public hearing.
Motion carried 6-0 (Councilmember Guerin not present for vote)
Councilmember Rettman stated that the neighborhood has mixed feelings about
Born's Bar. She feels Mr. Born has tried to operate a good business in the past.
(Councilmember Guerin returned at this time) Rettman referred to page 7 of the
memorandum and quoted from Minnesota Statutes regarding the obligations of a bar
owner to his or her patrons. She pointed out that when Mr. Gorman first came
into the bar, the bartender was notified that Mr. Gorman was known to be a
problem and no action was taken. If 911 had been called immediately, the
incident would not have happened. Councilmember Rettman felt that a three week
suspension should be the absolute minimum penalty imposed.
Councilmember Blakey briefly discussed the issue of race and said there is a
tendency to deny race in situations and he felt race did play a part in this
incident. Blakey supported revocation of the license noting that Mr. Born was
negligent in only allowing his employees to call him and not 911. A strong
message needs to be sent, he said.
Councilmember Guerin noted that Mr. Gorman was sentenced for life and there was
nothing more severe that could be done. In response to comments made earlier,
Guerin denied that the City is promoting racism and said it would not be
tolerated. Guerin supported a three week suspension.
Councilmember Megard supported a three week suspension stating that the Council
must send a strong message to the owner of Born's Bar as well as other bar owners
that there must be protection for citizens who are patronizing these
establishments and that the City is serious about its right to issue liquor
licenses.
Councilmember Harris pointed out that the bartender was told that Mr. Gorman '
could be a dangerous person and no action was taken, an altercation took place,
and more time elapsed. A liquor license is a privilege, not a right, he said.
Harris said he supports revocation but would go with a three week suspension.
Councilmember Rettman asked Phil Byrne whether or not assistance to the Thomas
family could be one of the stipulations if they did not vote for revocation of
the license.
Mr. Byrne responded that any disciplinary measure can be imposed as long as there
is the consent of the license holder, given in a free and voluntary way. If Mr.
Born does not wish to enter into this kind of an arrangement, Mr. Byrne said it
would be his preference that the Council not impose that type of condition
because the liquor statutes are clear as to penalties that may be imposed.
Councilmember Grimm questioned what would merit revocation if it were not done at
this time.
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City Council Summary Minutes June 15, 1994
Mr. Byrne responded that in this particular instance, a suspension up to two
months or revocation could be imposed. If another serious offense were to
follow, the Council could take into account that there had been two violations in
a short period of time.
Council President Thune asked Mr. Byrne whether there was any evidence that bar
employees were instructed to contact Mr. Born rather than the paramedics for
emergencies. Byrne replied "no".
Thune further noted that the ALJ report said the patrons of the bar did not want
to provide testimony to the police, however, Mr. Born was persuasive in
convincing them to cooperate. Byrne acknowledged that the investigating police
officer in the murder investigation testified that Mr. Born was helpful in
persuading people to come forward and testify.
Council President Thune said he would support a two to three week suspension.
Councilmember Blakey again brought up the possibility of offering compensation to
the Thomas family. Mr. Nightingale responded that he did not know what kind of
compensation was being considered and did not know on what basis any such
compensation would be paid. Further, if he were to answer in the affirmative at
this time, there would be the possibility of destroying Mr. Born's insurance
coverage.
Councilmember Megard moved for a three week suspension of the liquor license.
Adopted Yeas - 4 Nays - 3(Blakey, Harris, Rettman)
The meeting was recessed at this time and reconvened at 5:35 p.m.
Present: Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent: Grimm (returned shortly after the roll call)
38. Third Reading - 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.
Council President Thune requested that the enforcement date be changed from 30
days to 60 days in the event any adjustments are necessary. Councilmember Megard
moved this amendment.
Roll call Yeas - 7 Nays - 0
Amended and laid over to June 22 for final adoption
39. Third Reading - 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.
Speaking in favor of the ordinance were: Joan Higenbotham, Common Cause
Minnesota, 1010 University Avenue; and Elaine Saline, League of Women Voters, 264
East Sydney.
Speaking against the ordinance were:
Bob McMellins, 130 White Bear Avenue; Don De1 Fiacco, 661 Burr Street, Gary
Olding, Firefighters Local 21; Patrick Roedler, 2036 Larry Ho Drive; Mike Schaub,
St. Paul Police Federation, 323 Toronto; Brian Connors, 179 Atwater; and Pamela
Tietz, 433 Hatch Avenue.
Laid over to June 22 for final adoption
(Councilmember Guerin left the meeting at this time)
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City Council Summary Minutes June 15, 1994
40. Resolution Ratifying Assessment - 94-860 - In the matter of construction (new)
and/or reconstruction of sidewalks on both sides of Brimhall Street from Hartford
Avenue to Scheffer Avenue and the north side of Scheffer Avenue from Brimhall
Street to South Saratoga Street. (File #S9322).
No one appeared in opposition. Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0(Guerin not present for vote)
(Councilmember Guerin returned)
41. Resolution Ratifying Assessment - 94-861 - In the matter of sidewalk
reconstruction on both sides of Eleanor Avenue from South Finn Street to South
Cretin Avenue. (File #S9323).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 94-862 - In the matter of sidewalk
reconstruction on both sides of James Avenue from Kenneth Street to South
Cleveland Avenue. (File #S9324).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
43. Resolution Ratifying Assessment - 94-863 - In the matter of sidewalk construction
(new) and/or reconstruction on the east side of Montcalm Place from Edgcumbe Road
to Watson Avenue. (File #S9326).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 94-864 - In the matter of sidewalk
reconstruction on the south side of Princeton Avenue from Amherst Street to South
Wheeler Street. (File #S9327).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 94-865 - In the matter of Summary Abatements
(property clean up) for properties located at 952 Earl Street, 1403 Van Buren
Avenue, and 695 Marshall Avenue. (File #J9405AA) (Laid over from May 11 -
Legislative Hearing Officer reconxnends approval)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
(Councilmember Thune left the meeting at this time)
46. Final Order - 94-753 - In the matter of new sidewalk construction and/or
reconstruction on both sides of Euclid Street from Wilson Avenue to Germain
Street. (File #S9417) (Laid over from June 1)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
47. Final Order - 94-757 - In the matter of new sidewalk construction and/or
reconstruction on the west side of Bay Street from Tuscarora Avenue to Forster
Street and the east side of Bay Street from Tuscarora Avenue to Stewart Avenue.
(File #S9421) (Laid over from June 1)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
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City Council Summary Minutes June 15, 1994
(Councilmember Thune returned at this time)
48. Final Order - 94-758 - In the matter of sidewalk reconstruction on both sides of
Bayard Avenue from Bay Street to Canton Street. (File #S9422) (Laid over from
June 1)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
49. Final Order - 94-866 - In the matter of sidewalk reconstruction on the west side
of North Cretin Avenue from Summit Avenue to approximately 212.35 feet north of
Summit Avenue. (File #S9428).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
50. Final Order - 94-867 - In the matter of sidewalk reconstruction on the south side
of Dayton Avenue from Montrose Place to approximately 150.1 feet west of Montrose
Place. (File #S9429).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
51. Final Order - 94-868 - In the matter of sidewalk reconstruction on both sides of
Berkeley Avenue from Davern Street to South Wheeler Street. (File #S9433).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
52. Final Order - 94-869 - In the matter of sidewalk reconstruction on the east side
of South Cleveland Avenue from St. Paul Avenue to Montreal Avenue. (File #S9434).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
53. Final Order - 94-870 - In the matter of sidewalk reconstruction on both sides of
Eleanor Avenue from South Cretin Avenue to Mount Curve Boulevard and the west
side of South Cretin Avenue from Eleanor Avenue to approximately 125 feet north
of Eleanor Avenue. (File #S9435).
Councilmember Harris moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
54. Final Order - 94-871 - In the matter of sidewalk reconstruction on both sides of
South Griggs Street from James Avenue to Randolph Avenue. (File #S9436).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
55. 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 #S9437).
Councilmember Harris moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
56. 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 #S9438).
Councilmember Harris moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
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City Council Summary Minutes June 15, 1994
57. Final Order - 94-874 - In the matter of sidewalk reconstruction on both sides of
Sheridan Avenue from Sue Place to South Prior Avenue. (File #S9439).
No one appeared in opposition. Councilmember Harris moved approval
Adopted Yeas - 7 Nays - 0
58. 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 fifteen (15)
days from adoption of resolution. (Legislative Hearing Officer recor�nends
layover to July 5 Legislative Hearings - Laid over from May 25)
Councilmember Blakey moved to lay over to July 13.
Roll Call Yeas - 7 Nays - 0
59. Resolution 94-875 - Ordering the owner(s) to repair or remove structure located
at 580 Charles Avenue within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
60. Resolution 94-876 - Ordering the owner(s) to repair or remove structure located
at 340 Duke Street within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer reconanends layover to July 5 Legislative Hearings)
Councilmember Rettman moved to lay over to June 29 with a request that Council
President Thune and Gerry Strathman work with the City Attorney on this issue.
Roll Call Yeas - 7 Nays - 0
61. 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)
Mr. Lee Johnson appeared before the Council and indicated that he had a purchase
agreement for this property.
Councilmember Rettman moved to lay over one week and said she would bring in a
resolution if the permits, performance bonds, etc are secured by Mr. Johnson
before the next meeting.
Roll call to lay over to June 22 with conditio .
Yeas - 7 Nays - 0
Councilmember Megard moved to adjourn the m
i
JOURNE AT 6: P.M.
�
,
Cou cil es' t Thune
ATTEST:
_ � Minutes approved by Council
Nancy Ande on ,
Assistant ncil Secretary �
mce
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