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00-899COLll1C11 Flle # ��r � Green Sheet # � � RESOLUTION Presented By Referred 'I 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame duplex located on property hereinafter referred to as the "Subject 4 Properiy" and commonly lrnown as 414 Edmund Avenue. This property is legally described as follows, to 5 wit: Lot 22, Block 9, Smith's Subdivision of Stinson's Division of the N. W. 1/4 of Section 36, Township 29, Range 23. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before June 7, 2000, the following are the now lmown interested or responsible parties for the Subject Property: Leone Medin, 1802 Girard Avenue South, Mpls., MN 55403-2943; Home Equity Industrial Company f/k/a, Ford Consumer Finance Industrial Loan Co., c/o Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WF3EREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated July 10, 2000; and WHEREAS, this order informed the then laiown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 9, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and COURT OF APPEALS NUMBER CX-00-1919 DOCLJMENT # 1 CITY OF SAINT PAUL, MINNESOTA s(� oo-i'79 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation ta approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrixuental to the public peace, health, safety and welfare and 5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance wiYh all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be 8 completed within fifteen (15) days after the date of the Council Hearing; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2000 and the tesrimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subj ect Property at 414 Edmund Avenue: That the Subj ect Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing ar Building code violarions at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze as previously stated itt this resolution and that the notification requirements of Chapter 45 ha�e been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: 2. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. COURT OF APPEALS NUMBER CX-00-1919 pc-Y99 1 2. If the above conective action is not completed within this period of tune the Cirizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, ail personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If ali personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date o0 . Adoption Certified by Council Secretary _�� • � � -� . � �. - ,L � •� � � � /j I Requested by Department o£ Citizen Service Office: Code Enforcement BY��K��f/"`-'f I'� Form Approved by City Attorney By: l_�'� �/ "` ° y I � Approved by Mayor for Submission to Council By: �J1. o,✓,l ��/1/bU�/ COURT OF APPEALS NUMBER CX-00-1919 L7ivision of Code Enforcement 266-8439 �� 2�,2000 osiasioo �� TOTAL # OF SIGNATURE PAGES _�_ GREEN SHEET �3� oo-l-�tq � No 102��4 �.�,,,,.,� �12 f�- `� I b�Q m„� ❑ �.,�.� ❑..�, 0 -�� ❑ (CLIP ALL LOCATIONS FOR SIGNA7UR� City Council to pass this resolution which wili order the owner(s) to remove or repair the, referenced buiiding(s). If the owner fails to comply with the resolution, the Citizen 5ervice Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 414 Edmnnd Avenue. C �� 5�3�� C� �� SEP 11200A PLANNING GOMMlSS10N CIB CAMMIITEE CML SERVICE CAMMISSION ki� tltis P�� xarketl uMer a oonhact MMis tlepartment? YES NO � liac Mi p�OMum era bcen a aty anpbyce? YES NO - -� - _ "' ' , Dces Mis pe�sadfirm P� e sldll not namalNP� bY enY Wrtent dly empbyee7 YES NO k Mi6 pnswV6rm atarpeted �endoYt �, , YES NO "�I�"$ in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 414 Edmund Avenue by August 9, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. SEP 01 2�€€�� . �� F The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a svecial.assessment a�ainst the proqertv taxes. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. 1 \ . 1 " •� b: a :'S111"� ■:wn:�.•.n.� '"�R""n°"`�`""' SEP 0 5 200fl MAYOR'S OFFiCE COST/REVENUEBUDfiEfEDIqRCLECHE) � � NO ACTIVRYNUM6ER 3�26I COURT OF APPEALS NLIMBER CX-00-1919 � _ - - - - - — -- -- J bv-� � REPORT Aate: September 19, 2000 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislafive Hearing Officer 1. Summary Abatements: File 70003V Towing of abandoned ve}ucles from private property during Mazch 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heating Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Qfficer recommends approval. 1560 Westem Avenue North (JOOQ4A) Legislative Hearing Officer recommends approval. 203 Genesee Street (30003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (30004A) Legislative Hearing Officer recoxnmends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NLJMBER CX-00-1919 DOCUMENT #2 UC7- ��l �'7 LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Burr Street (30004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Aearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File 70004G Crrass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 2020 Reanev Avenue (JOOOSA) Legislative Hearing Officer recommends approval. 0 Flandrau (em�tv lot� (JOOOSA) Legislative Heazing O�cer recommends approval. 60Q Grotto Street North (JOQ04B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heard at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. COURT OF APPEALS NUMBER CX-00-1919 �� c � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolufion ordering the owner to remove or repair the building at 682 Western Avenue I3orth. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properiy on the condifion that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolution ordering the owner to remove or repair the building at 1447 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislarive Hearing Officer recommends granting the owner six months to complete rehabilitation of the property. rrn COUItT OF APpEALS NUMBER CX-00-1919 CITIZEN SERV[CE OFFICE Fred Owxsu, Ciry Clerk G�� - 1 � DNISiON OF PROPERTY CODE ENFORCEMENT Michael R �Ltorehead, Program Nfmrager SAINT vwui � Af1Af1 CI'I`Y OF SAINT PAUL Noml Coleman, ktayor August 25, 2000 �t2�tr�� P`�,�cP,3.'��'' ��`?i@! �t3G � 1 2440 NOTICE OF PUBLIC HEARIN�__�.__._.._____�..__. _._ ._ . Council President and Members of the City Council �;, Citizen Service Office, Vacantll�?uisance Buildin�s Enforcement Division has requested the City Council schedule pubfic hearin�s to consider a resolution ordering the��epair or removal of the nuisance building(s) located at: 41� Edmund Avenue The City Council has scheduled the date of these hearings as follows: LegisiaYive Hearing - Tuesday, September 14, 2�00 City� Council Hearing - Wednesday, September 27, 2�00 The o��ners and responsible parties of record are: Name and Last Kno�vn Address Leone Medin 1802 Girard Avenue South Interest Fee O�vner Mpls., Vil�� 55403-3943 Home Equity Industrial Company flkJa Ford Consumer Finance Industrial Loan Co. c/o Peterson, Fram & Be �aman, P.A. 50 East Fifth Strzet, Ste. 300 St. Paul, M�+ 55101 Attorneys for Nlortgagee The le�al description of this property is: Nuisnnce Buildirsg Code Enforcement li W Kellagg Blvd. Rni. 190 Tel: 651-266-84d0 Saint Pauf, MV 55102 Faz: 65l-266-&426 Lot 22, Block 9, Smith's Subdivision of Stinson's Division oi The iVT. W. 1(4 of Section 36, To�vnship 29, Ran�e 23. , COURT oF APPEALS DIUMBER CX-00-1919 DOCUMENT #3 oo-r9't 414 Edmund Avenue August 25, 2000 Pa�e 2 Division of Code Enforcement has declazed this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conectin� the deficiencies or by razing and removin� this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magn e� Steve Magner Vacant Buildings Supervisor" - Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Desi�n Me�han Riley, City Attorneys Office � Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division ccnph �' COURT OF APPEALS NUMBER CX-QO-1914 MINUTES OF TF� LEGISLATIVE HEARING Tuesday, September 19, 2000 Room 330 Courthouse Gerry Sirathman, Legisiative Hearing Officer �� S� � STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 a.m. Summary Abatements: File JQOQ3V Towing of abandoned vehicles from private property duting March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File JQ004V Towing of abandoned vehicies from private property during Apri12000. Summary Abatements: File J0�04G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 200U; File JOOOSA Property clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeared for this properry; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, LegislaYive Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properly; however, Code Enforcement had not received the green cazd indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislarive Hearing. 840 Montana Avenue West (J0004A) The following appeared: Cazol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yard. Afterwards, she found out that the workers did damage to her gazage and her house. They also left deep ruts in her yazd. (Ms. Anderson presented photographs. They were later returned.) COURT OF APPEALS NLJMBER CX-00-1919 DOCLIMENT #4 o�� LEGISLATIVE HEARING MINiJTES OF 9-19-2000 page 2 Ms. Gengler stated the lawn was long. The crew did it guickly. After the crew was done, the siding had big holes in it, circular holes were left in the lawn, and lots of cigarette butts were left on the lawn. The way it was done was disrespectCul. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She tried calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice care, and Ms. Anderson is homebound taking care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A suxnmary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the properiy. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner find another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeazed and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to ciean up. Dick Lippert stated Janyth Loney was notified at 1734 Coivin and a Benjamin and Janyth Loney were notified at 342 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, which was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was not returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) COURT OF APPEALS NLJMBER CX-00-1919 LEFISLATIVE F3EARING 1v1II1UTES OF 9-19-2000 c�c� �� Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 1027 Avon Street North (30004A) (No one appeared to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (T0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.) Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 yeazs of age and older can qualify for deferred payment. His grandmother is 76 years old. A payment of $549.50 wouid create a financial hazdship for her. Roxanna Flink explained ttiat a form will be sent to Bazbara Hazper regazding deferred payment. The assessment does not go away, but it will be defened until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and J0004V) The following appeazed: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the properry on May 13. The abatement paperwork is dated March and April. These assessment happened before he purchased the properry. Gerry Strathman expiained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners are suppose to disclose any pending assessments on the properry. The recourse would be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strathman suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. COURT OF APPEALS NIJMBER CX-00-1919 LECsISLATNE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004� (No one appeared to represent the properiy.) Gerry Strathman recommends approval. 2020 Reanev Avenue (JOOOSA) (No one appeazed to represent the property.) Gerry Strathman recommends approval. 789 Jessamine Avenue East (J0004A) (No one appeared to represent the properiy.) Gerry Stratluuan recommends approval. 0 Flandrau (emptY lotl (JOOOSA) �o Page 4 Larry Gurtin, owner, appeared and stated the CiTy had a legitimate claim to cut the grass. He paid his neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the notice itsei£ The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done until July 18. Between the time the notice was sent and the City aleaned it up was I 1 days; between the time the notice was received and the clean up was done was 6 days. There was time to have it cleaned up. The charge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A lazge part of the charge is the expense of sending the equipment and crew to the property. Gerry Strathman recommends approval. Mr. Gurtin asked was there other recourse. Mr. Stratiunan explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the fmal decision in this matter. 952 Euclid 5treet (J0004A) (No one appeazed to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NUMBER CX-00-1919 LEGISLATIVE HEt1RING MINiJTES OF 9-19-2000 1023 Canoll Avenue (J0004A) c>o-�, � Page 5 Tom Moriarry, owner, appeazed and stated he purchased the proper[y on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to lus papenvork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the properry and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not awaze that Thomas Moriarky purchased the property until May 26. This is a registered vacant building, and there were vacant building placards on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (The first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was first noticed on May 1. On May 8, the inspector wrote a sununary abatement. He called BFI, who indicated they had no contract for the dumpster. Because it was ovez�lowing, Code Enforcement decided to issue a summary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been ohanged yet. Mr. Moriarty stated he called Don Wagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed the assessment information to Mr. Moriarry. Code Enforcement had no indication that Mr. Moriarty existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the properiy.) Mr. Moriarty stated he was in the process of doing the work and to chazge him $1,200 for what he could do for $500 is unfair. BFI stated the duxnpster was $450, which he has in writing. Steve Magner stated the charges are as follows: 1.5 hours of labor for $337.50; 45 yazds for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $81Q would be for the cost of the dumpster pius the cost of dumping the additional refuse. (1'he second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yard rolloff, the second 45 yards is somewhat of a bargain. Mr. Strathman concurred: there was more than five yazds of trash on the videotape. COURT OF APPEALS NL3MBER CX-00-1919 LEGISLATIVE HEARING �JTES OF 9-19-2000 Gerry Sirathman recommends approval. 769 Burr Street (30004� �� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the Septemker 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003V) (The owner appeazed and had the green card with him and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (JOOQ4B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeared; however, Code Enforcement had not received the green cazd indicating this address wouid be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. (Note: 238 Winona Street East (J0004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-9-00 minutes for fwther details.) � Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Eniorcement is ordered to remove the bufldiag. (No one appeared to represent the property.) Steve Magner reported the building was condexnned September 1999 and has been vacant since 9-17-99. Five summary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constihxte a nuisance condition was developed and photographs were taken. The property remains in a condition which compromises a nuisance as defined by the legislative code. The vacant building fees are due. A citation was issued for failure to pay the vacant building fee. Real estate tases are unpaid. Taxation has placed an estimated mazket value of $49,500. COURT OF APPEALS NUMBER CX-00-1919 °�-�� LEGISLATIVB HEARING MII3iJTES OF 9-19-2000 p�e '7 Gerry Strathman asked was there any communicafion with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Enforcement recenfly. She may be losing the properry to the mortgage company, which has not contacted Code Enforcement. Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for this meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the properiy. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Ramsey County. There have been six summary abatement notices to cut taIl grass and remove refuse. On 7-11-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees are due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the property. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The property would go through probate and go to the grandfather's two sons. Mr. Strathman stated this is an alzuost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This wiil come before the City Council on September 27. Mr. Strathman asked can Mr. Hutchinson estabiish ownership by then. Mr. Hutchinson responded he wili see what he can do. Gerry Strathman recommends granting the owner six months to compiete rehabilitarion of the properry on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strafhman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these condi6ons aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. COURT OF APPEALS NUMBER CX-00-]919 �a --�� LEGISLATIVE HEARING MINUTES OF 9-14-2000 Page 8 Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Hendrie Grant, owner, appeazed and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner six months to complete rehabilitation of the property. The meeting was adjourned at 11:15 a.m. �] COURT OF APPEALS NUMBER CX-00-1919 �� B'�. �' �A SUMMARY MINUTES �� s 9 o � � OF THE SAINT PAUL CITY COUNCIL a iiiHli 91d[I , Wednesday, September 27, 2000 w n�� Y �C 3:30 - 5:00 p.m. m �°b pUBLIC HEARINGS - 5:30 - 6:�0 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 335 pm. by Council President Bos�rom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Biakey, Harris (both excused) CONSENT AGENDA (Items 1 - 31) �b'�� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE WILL BE NO SEPfIRflTE DISCUSSION OF THESE IT$MS. IF DISCUSSIONIS DESIRED, THr1T ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minutes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lanhy requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Caze, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for James Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division 3. Suuunons and Complaint in the matter of Building Restoration Corporadon vs. the City of Saint Paul, et a1. Referred to the City Attorney's Office COURT OF APPEALS NiJMBER CX-00-1919 DOCiJMENT #6 � September 27, 2000, City Council Summary Minutes Page 2 4. Letters fram the Citizen Service OfficeiProperty Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislative Hearing for October 310 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For notifica6on purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter &om the Rea1 Estate I}ivision announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-2000) Letter from the Department of Planning and Economic Development announcing a public heariztg before the City Council on October 4, 2000, to consider a preliminary and final piat (Sibley Pazk Apartments) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley Street. 8. Admitustrative Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Parks projects to the Contingency Funds. D001922 Revising the spending and financing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 from the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00.867 - Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoption ��' �� 10. Resolution - 00-848 - Concerning adverse action against all licenses held by Pazadise & Lunches, Inc., dba Dakota Bar & Grill, 1021 Bandana Boulevard East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 � ��q September 27, 200Q City Council Summary Minutes Page 3 11. Resolurion - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00-869 - Approving the decision of the Legislative Aearing Officer on Properiy Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Billboazd Issue, 1430 York Avenue, 1429 Gtand Avenue, 26 Dale Avenue South, 682, 888, 1311, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Lexington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Boazd of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operarion of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Reso3ution - 00-871 - Authoriting application for the Livable Communities Demonstrarion Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommendation for improved downtown "signage for directing the public to and from the Rice Pazk azea. Adopted Yeas - 5 Nays - 0 16. Resolufion - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athleric fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Pazk Booster Club and Neaghborhood House to the 2000 Charitable Gambling 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residential Street Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) �� September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00-877 - Amending the spending and financing plans for the Census Tract 9 & 10 pro,}ect. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Program & 1998 Major Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary acrion leading to the possible issuance of City General Obligation Riverfront Tax Increment Refunding Bonds in the appro�mate amount of $8,410,000.00 for the purpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00-880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminat. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Department to enter into an agreement with Saint Paul Arena, LLC, to provide and to be reimbursed for security services for the Mirmesota Wild Hockey games and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstruction projects on the north side of Sutnmit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00.883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located near York and Weide 3treets. This would amend the resolution so as not to retain the easements. Adopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary Order - 00-885 - In the matter of residential street paving and lighring for the Fifth/Kennard Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 ��,�R� September 27, 2000, City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the Page/Manomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the matter of sidewalk repairs and/or the repair of sanitary sewer, storxn sewer and/or water service connecrions, if requested by the properry owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date of public hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Department of Public Works to seek Federal govemment funding from the U.S. Department of Transportation for full or partia] funding to construct a gondola across the Mississippi River. Rafic Chehouri, Aepartment of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevazd project. When he met with the Deputy Secretary of Transportation, he stated that the Deparhnent of Transportarion was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. They feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficutt to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lantry said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federai transportation dollazs that it's an eitherfor situation. She also noted that there �� .�� September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regarding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of transportation dollazs for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federal money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevazd because they aze coming out of different funds. He was told there is no money for Phalen Boulevard this year and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportarion policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private mazket because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taYpayers. Mr_ Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there are many questions to be answered before going forward. He also noted that he had seen proposals for a$10-15 million pazking ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those aze issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feel this was an issue of money but whether it could be a potenfial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and crearive ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolution. Withdrawn Yeas - 5 Nays - 0 � ��`�� September 27, 2000, City Council Summary Minutes page 7 FOR DISCUSSION ' 32. Siz-month Update from the Office of Labor Relations on their work plan schedule in response to the Council Reseazch Performance Audit. (Update requested by the Council on March 15, 20�0) Katherine Megarry, Office of Labor Relations, presented a report of their accomplish- ments over the past six months. She noted the most significant item was that they have no open coniracts at this time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Research Center, reported that Council Research staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory positions where inherent managerial policy states "we can not infrin�e our own rights to hire who we think is appropriate for a supervisory posirion." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspecrions and Environmental Protecrion of the AMANDA and ECLIPS systems. (Presenta6on requested by the Council on August 2, 2000) (Reiter lefr) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadline with both of the systems as well as the licensing system but they met their goal and there was no down rime. The AMANDA system is a replacement far the D-Base system which they used for permits. It was a similaz Y2K issue and it was ready to go in September 1999. A secondary goal was to try to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. �fl'�� September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which includes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff: They have taken former inspectors who have developed the system and they were still able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenUy held a meeting regarding a situation with dogs and there seems to be a lack of coordination between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the glans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based Council President Bostrom asked if other departments have access to this data. Mr. Kessler responded that the Fire Department is developing their own inspecrion system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Cirizen Services and that would be a City-wide application. (Reiter rehuned) 34. Progress report by the Mayor's Administrarion on their discussions with the appropriate State agencies and elected officials regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Department of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Department and staff from the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The plant has identified 11 compounds in the emissions which may be causing odor. They will test and identify the chemical malceup of the emissions before the scrubber, put the test scrubber in, and identify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with �,gg� September 27, 2000, City Council Summary Minutes Page 9 electronic devices. Since odor is subjective, they also have a panel of six to eight people to actually smell bags. They are also looking at the possibility of shipping the distiller grains, which are currently dried in the grain dryer, away from the plant while they aze still wet. Mr. Smith said he has spoke with Mr. Dan Morris from the Institute for Local Self Alliance and he is looking into some mazkets for the wet grain. He indicated that the cost of petroleum and nahual gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the,odor that is most persistent in the outlying neighborhoods is coming from the gain dryer. There are other odors that may be coming from the disrilling and from the fermenting and also from the brewery which is important to remember. The plant feels if they can address the grain dryer smell, they can bring the odor level back to an acceptable level as it had been before the ethanol plant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to explore the various oprions that may resolve the problem. ORDINANCES 35. Final Adoption - 00-8�6 - An ordinance finalizing City Council action approving a perition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Public hearing held August 9, 2000) Councilmember Benanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislative Code; assign the responsibility for setting fees to the Truth- in-Sale of Housing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definirion, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - Au ordinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipa] Contracting Act (Ch. 471345). Laid over to October 4 for third reading/public hearing � �� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Admitustrative Code to bring it into conformance wiffi amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from 7anuary 1, 2001, to December 31, 2001, to increase housing in Saint Paui. Council President Bostrom recommended the public hearing be held on October at which time he felt the Council would have the information they requested. Councilmember Benanav moved to lay over to October 25 Laid over to October 25 for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab vehicle inspections instead of biannual inspections and allowing for appearance inspections of taxicab velucles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislarive Code Sec6on 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day notice requirement for issuance of a liquor license to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restawant. He indicated that Bamboleo is a Caribbean-Latino restatuant. Adopted Yeas - 5 Nays - 0 ��.g�9 September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the tules and approval of the following resolution: Page 11 Resolurion - 00-911- VJaiving the 45-day no6ce requirement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the following resolution: Resolution - 00-912 - Amending Council File 00-321, Adopted Aprii 5, 2000, (approving the petirion of Dennis Guptil to vacate a portion of East Fifth Street, Ehia Street, and the alley in Hamer's Subdivision in order to a11ow construcuon of new housing units) by changing wording in the legal description. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (arrived after roll call) PUBLIC HEARINGS The nublic hearinQ on the Housine Revenue Bonds for the Franciscan Health and Aousine Services Pro}ect (St. Marv'sl was continued to October 4 2000 42. Public hearing regarding the City's Norice of Intent to Franchise Providers of Cable Communication Service and applicarions received from Everest Connecrions Corpora6on and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Straflunan, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 �'�� 1 September 27, 2000, City Council Summary Minutes Page 12 43. TJvrd Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuation of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading/public hearing) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third reading/public heating Yeas - 5 23ays - 0 44. Resolution - 00-765 - Concerning adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Palmer, Assistaut City Attorney, reported this adverse ac6on involves Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insuranc� in forc�. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last half of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until all license fees have been paid and that he not be allowed to re-open unril liquor liability insurance is in force. No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrarive Law Judge concerning the Application for a Taxicab Driver's License by Willie B. Jones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (AL.n concerning this matter. Willie Jones applied for a taacicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legislative Code does not permit a person to have a license if they have a felony conviction within the last five years. Mr. Jones requested a hearing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent norice of the hearing but failed to appear. Therefore, Ttie Administrative Law Judge report made �-��9 September 27, 2000, City Council Summary Minutes Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the ailegarions and that there was no evidence of rehabilitation in the record and made a recommendarion that the Council deny the license. No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and adopi the report of the ALJ. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (application denied) Yeas - 5 Nays - 0 46. Public hearing to consider the report of the Administrative Law Judge conceming the Auto Body Repair Crarage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attorney, stated that the Office of License, Inspec6ons and Environmental Protection (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegarions of violarions on the condirions of his license. Mr. Hakala requested a hearing before an Administrative Law Judge (AL�, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there haue been violations of the condirions on the license. Adverse action was previously taken against the license on January 12, 2000, due to violation of the condirions of the license. At that fime, Council imposed a penalty of a 30-day closure with 15 of the days suspended, a fine of $500.00, and that the property be cleaned up within one week of adoprion of the resolution. The recommendation at this hearing was for a 30-day closure and an additional 15 days, wluch were previously suspended, and a$1,000 fine. The ALJ found that the violations had been proved, recommended adverse action but made no recommendarion for what the appropriate penalty would be. Ms. Palmer noted in reading the AL7 report that monitoring the conditions on the property is taking an enormous amount of staff rime in the Office of LIEP. She recommended that a 45-day closure would be appropriate since this is the second time this yeaz this matter has been before the Council. She recommended the Council adopt the findings and conclusions of the ALJ report, impose adverse action, and that the property not be allowed to re-open unril it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeazed in opposirion; Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0 �,-$�� September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lantry noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feel he will come into compliance. The business he operates does not fit the space that is available to him, she said. No one appeared in opposirion; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Admuustrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Public heazing to consider the report of the Administrative Law Judge concerning the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Palmer, Assistant City Attorney, outlined the condirions which were agreed to by the owner of High Tech Auto Services. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the AdministraYive Law Judge including addirional condirions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolution - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall license. Robert Kessler, Director of the Office of License, Inspections and Environmental Protection (LIEP) appeared and said LIEP staff recommends apgroval of the bingo center application as they find the location is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Aevelopment, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a vacant and under-utilized area of the shopping center and the physical locarion is separated from residenrial uses. LIEP also believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate wiUun the two mile radius of an existing hall does not make sense. Not only are there problems with the brokaring of that consent, it limits compe6tion and allows bingo ha11 owners the upper hand in leasing agreements. ��,.�q� September 27, 2000, City Council Summary Minutes Page 15 Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislation that allows for the waiver. Appeating in opposition to the waiver were the following individuals: Bob Maher, Attorney with Best & Flannigan, representing Oak Grove Properties and Jim Reilly, the owner of the commercial space at Lexington and University which includes a licensed bingo facility. Ae stated that Mr. Reilly has operated his bingo site for nine years with four chariries as his tenants. If the Council grants the waiver, Mr. Maher said it was their position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four charity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There aze no other charities showing a desire to take ffieir place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simply move an e�sting economic benefit to another location There is no justification for depriving the Lexington-University area of these benefits, Maher said. Don Ludeman, President of Snelling Hatnline Community Council, said Snelling Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with condirions which he outlined There are neighbors in Snelling Hamline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood The desire of the neighborhood is to work with the proposed tenants to minimize the negative unpacts and maacimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a clear guideline as to when a waiver should be approved. It does not tallc about special circumstances but taiks about promoting responsible ownership and accountability. RK Midway detarmined the Le�ngton locarion was not meeting the needs of the four charities involved or their customers' needs for a feeling of security and for shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and aze ready to move into the space at Midway Center. Ms. Maccabee talked about why this move wili provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chaznber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaYs good for any individual business but what is best for the whole Midway business community. T'hey feel it is an important investment and she said they are very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with �e-��f September 27, 2000, City Council Summary Minutes Page 16 the neighborhood to address any concerns. They feel the evidence is strong that the move will provide some very good benefit Ms. R'aters said t3�ey would be willing to work with Mr. Reilly at Leatington and University to find a good use for that property. Bazbaza Kale, CEO of Midway Training Services (MTS), one of the cbarities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MTS has been involved in charitable gambling for approicimately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attomey with Leonard Street & Deinazd, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city zoning map showing that it will be zoned B-2 and a bingo hail is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the surrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few years MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projecrions are coaect, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attomey, as he has an association with one of the chariries. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) 49. (See discussion on page 17) (Reiter left) 69. Public hearing to cansider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of property at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) ��,,�q 9 September 27, 2000, City Council Summary Minutes (Reiter returned) Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, zone on both sides of Goodrich Avenue between Cretin Avenue and Finn Street. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanav left) 51. Resolurion - 00-894 - Ordering the owner to remove or repair the building at 108 Atwater Street within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Aearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mt. Strathman. No one appeazed in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to a11ow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav returned) Robert Kessler, D'uector of the Office of License, Inspections and Environmental Protection (LIEP), appeared and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the applicarion for a sound level variance and their board was not able to take action. Mr. Kessler responded that his records show the district council was sent a norice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he aclaiowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norificarion by faY could have served as notification in this case. oa�`� September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeared and tallced about the event. Councilmember amended the hours for the sound level variance on October 1 to 12 noon to 4:00 p.m. No one appeared in opposirion; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - 00-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeazed in opposition; Councilmember Lantry moved to close the public heazing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the property at 1246 Seventh Street East within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lanhy moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolurion - 00-897 - Ordering the owner to remove or repair the properry at 682 Western Avenue North within fifteen (15) days from adopfion of resolution. (Legislarive Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a $2,000 bond is posted hy noon on September 27, 2000) Gerry Strathman, Legislafive Hearing Officer, reported the required bonds were not posted and, therefore, he recommended approval of the original order. �� September 27, 2000, City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within 15 days) Yeas - 5 Nays - 0 55. Resolution - 00-898 - Ordering the owner to remove or repair the property at 1497 York Avenue within fifreen (15) days from adoprion of resolution. {I,egislative Hearing Officer recommends granting the owner 180 days to complete rehabilitarion of the property) Gerry Sh�athman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer} Yeas - 5 Nays - 0 56. Resolurion - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on this matter on September 19 and no one appeazed on behalf of the property. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul Johnson to a summary abatement order for property located at 79 Virginia Street. (Legislafive Hearing Officer recommends denying the appeal) Gerry Suathman,. Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. Tfie matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the arders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 D�� September 27, 2000, City Council Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied. No one appeared in opposi6on; Councilmember Reiter moved to close ttte public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Resolurion Ratifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherbume Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V1�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue Q0003AA1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00 762 T'homas Avenue (J0003AA�- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (70002V Vl - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (J0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 ��$�9 September 27, 2000, Ciry Council Summary Minutes Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (70003 V, J0004�; properiy clean-up from late May through June, 2000 (70004A); demolition of vacant buildings during the months of 7une and July, 2000 (J0004C) (Legislarive Hearing Officer recommends approval with the following exceprions: 1045 Fremont Avenue Q0003 V� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 840 Montana Avenue West (J0004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V,� - lay over to the 5eptember 26, 2000, Legislative Hearing and ffie October 4, 200Q City Council Meeting; 769 Burr Street (J0004V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, tesrimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue Street (J0003V� - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Charles Avenue was referred to a Legislafive Hearing on October 10, 2000, and City Council Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeazed. He was cited for two cazs that were towed away, one in March and one in April. He stated that he purchased the property in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislative Hearing Officer, said this matter was heard at a Legislarive Hearing and at that fime he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the rime of the sale. He. told Mr. Reno that his recourse would either be to the seller for not informing him of the assessment or possibly the title instu�ance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed. She said she was appealing the assessment because damage was done to the garage, the house, and the yard by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and he recommended reducing the amount. � � September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see below]) Yeas - 5 Nays - 0 Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Chazles Avenue. Yeas - 5 Nays - 0 966 Charles Avenue - Gerry Strathman, Legislative Hearing Officer, stated the property owner did not appear at the Legislative Hearing and suggested it be referred to the Legislarive Hearing on October 10, 2000. The property owner was agreeable. Councilmember Reiter moved to refer 966 Chazles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 61. Resolution Rarifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, June andior July, 2000 (J0004G); boarding-up of vacant properties during the months of April and May, 2000 (J0004B); property clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private properiy during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approvat with the following exceptions: 815 Robert Street 5outh 1J0005A1- lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (JOOOSV) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting. (Coleman le8) Gerry Strathman, Legislative Heazing Officer, reported a Legislative Hearing was heazd on this matter and recommendations were made. No one appeazed in opposirion; Councilmember Lantry moved approval as amended Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) ��_$R�f September 27, 2000 c�ty co,��i s�,az �uc� Page 23 62. Resolution Rarifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements for the WesternlLawson RSVP Paving and Lighting Project. (File #18904) Councilmember Reiter moved to introduce a substitute resolurion which deleted two streets. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of 3ohn Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the property. (Vacarion File #9-2000) No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolution - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the railroad right-of-way for the expansion of a manufacturing and wazehouse facility. (Vacation File #10-2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolurion - 00-907 - Approving the perition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Clear Avenue, appeared in opposition to the vaca6on saying that the vacarion would deny him access to his garage because it is on the corner of the alley. ��.�qR September 27, 200Q City Council Summary Minutes Page 24 Peter White, Real Estate Division, displayed a map ofthe proposed vacarion. A petition was received to vacate a part of the ailey in the block bounded by Futness, Ruth, Cleaz, and Iry. A section of the alley is 27 ft. wide and the rest of the alley is 20 ft. wide which is the standard alley width. The petitioner wanted to vacate 15 feet of the alley and between negotiations with the petitioner and the Public Works Department, the request was limited to seven feet which leaves a 20 ft. wide alley through the block. After the petition was received, Real Estate contacted the urilities and City departments and there were no objections to the vacation. Mr. White said the recommendation is that the Council approve the vacation sub}ect to the terms and conditions in the resolution. Mr. White proceeded to explain the layout of the alley and the garage. Councilmember Benanav said he could understaud there may be a problem with Mr. Vandeberg accessing lus garage if the door is on the corner. He questioned if it wouldn't have been better to vacate part of the alley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolu6on. If that were to be the case, he suggested it be laid over in order to come back with a legal descriprion of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolution - 00-908 - Approving the perition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's Bureau of Criminal Apprehension Building. (Vacarion File #2-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolurion - 00-909 - Approving the petition of Ronald Thorson to vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a gazage on part of the vacated azea. (Vacation File #6-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Roll Call: Present - 5 Absent - 2(Blakey, Harris - excused) ��.�,�9 September 27, 2000, Ciry Council Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residenrial Preservation Association (SARPA) to a decision of the Aeritage Preservation Commission (HPC} granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeared and stated a staff report or recommendarion was not available on this issue paztially due to the resignarion of former Aeritage Preservation staff person Aazon Rubenstein. Appearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anricipate the consequences that occur. SARPA believes that any home in the Hill District of the National Preservation District and the State Historic Preservarion District must have an environmental assessment workstteet (EAVI� as is specified in State and Federal rules. The State Environmental Quality Boazd submitted a ruling. He questioned if the ruling cleazly states that both the Environmental Quality Boazd and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolition, must have an EAW. It was not done, it was pointed out to the Historic Preservation Commission, and they chose to pass it on to the City Attorney and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor does it haue anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so ffiey have a precedent to use when other properties that aze in the Hill District or other districts may come before the Council. Mr. Toscano said the staff recommendation at the HPC was for further study which was disregarded. He said he testified before the HPC and there was no discussion of his complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted architect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said. Councilmember Lantry said it was her understuiding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not lmow but in this case the State Environmental Quality Boazd says it must be done. Appeared in opposifion to the appeal were the follawing: 3oseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and theu application � September 27, 2000, City Council Summary Minutes Page 26 was approved nnanimously. After discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicable City Code and plans aze fairly clear and they all say the HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and it's clear in the City Code the criteria the HPC should use. Ae noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeat. They raised issues about the Summit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individually on its merits. To claim that the HPC neglected the important issues is not true, he said. Joan Ostrin, properry owner of 828 Summit Avenue, voiced her sugport for permitting the Konstans to demolish the home and rebuild She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmental Quality Board (EQB). He asked Peter Warner, Assistant City Attorney, what the meaning is of historic districts as opposed to individual designations of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretation of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical disirict as shuctures that require an EAW. That information was transmitted to the City Attomey's Office and he said he did not ha�e a clear answer for the Council at this time. Mr. Warner said it would be useful for the City Attorney's Office to look at the rules and consult with EQB staff ar the Assistant Attorney general to detemrine if it is a long- standing interpretation because the implications of it ate fairly substanrial to the City both in past and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 ��`� September 27, 2000, Ciry Council Summary Minutes Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a reaz second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeazed He said there was not a staff report or recommendation on this matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appellant, appeazed. He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as well as neighboring homes with similar decks. He said he did not feel his plans for the deck would alter the architectural character of the house. Staff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be replaced He noted he has the support of all his close neighbors as well as additional people in the slurounding neighborhood. Councilmember Coleman expressed concern that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposirion; Councilmember Lantry moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the groperty and there is no way Mr. Thom can build the deck differenUy to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The structure is identified as non-conh�ibuting in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as"decks" which is that "decks should be consiructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the e�sting structure. Discussion ensued amongst the Councilmembers. Motion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found error in the HPC's decision. co�$�� September 27, 2000, City Council Suuimary Minutes Councilmember Reiter moved to adjourn the meeting. Yeas - 5 Nays - 0 AD70 AT 3S , ✓`--�" Daniel ostrom, Council President ATTEST: � a� I� � Nancy An erson ` —��' Assistant Council Secretary Minutes approved by Council � � . ;�a• Page 28 mce �i 0 ° o N � r N � � �� V a Q " r� �, o � M � M T � ' v��i L� � 3 � � W � w a a, � � w a. � � a. W � Lzl a a. �%. (��- � lJ � � `.,, — � �� o � ��9 � b � �" r � � � � ' � � ",� n ; � t ( z _ � � w .y � � � 1 �- �V ti b � cv O � t � � t � � a � ..� � � � .� � � S �. ° �- a � � O �� J � � n �; � -, � � `� � � � , � � � � � ��- � � � s. m" ` ti � � � � � a � � A � � . _ ,� ��" � � .� 3 � � � � � � � � � J �+ o � �� Q � v t� � V` y � 1 4 � c o0 � �� <�, S `2' � c Z � S - � 9 z � ic ' 6 V Cy. , � �- �� . �. � Z o � — t - o /� U � �� Q F O x � � �t�- ��9 MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER 25 CONSTITUTION AVENUE ST. PAiJL, MN 55155 (651) 297-1904 RECEfVEf� JAN � 6 2001 _ �iTY CLERY� �6\��.__�bY�SV��Yt-_��'f�%V1 CQ Appellate Court File No. �`— O O-1 `' � �.\ � � O � Sl�� t�l� ��..�,'�, ------------- --------------------------------- -- - File Location �� Received from the Appellate Courts of the State of Minnesota, the following original files and exhibits in the above entide matter: �� • Coun A enc istrict Court file(s) And e bits. NOT'E: When original and copy of transcript are forwazded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RETURN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPIJTY/ASSISTANT CITlZEN SERVICE OFFICE F2d Owusq City Clerk CITY OF SAINT PAUL Norm Coleman, M¢yor 0��89� Tel.: 651-266-8989 Fttt: 651-266�689 170 City Hall IS W. KelloggBou7evard SaintPaul,Mimresota 55102 December 18, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paut, MN 55155 HAND DELIVERED Re: Ford Consumer Finance Industrial Loan Company n/k/a Associates Home Equity Industrial Loan Company vs. City of Saint Paul: CX-00-1919 Dear Mr. Grittner: Enclosed herewith please find an index and originals of the Saint Paul City Councii's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys 4or Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �fi�L Frederick K. Owusu City Clerk cc: Meghan Riley, Assistant City Attorney {index only) Steven H. Bruns, Attorney at Law (index only) r�a �9� STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being first duly sworn, deposes and says that on December 18, 2000 he servedthe attached: Index to the Saint Paul City Council File No. 00-899 upon the following attorney(s), individual(s) or corporation(s) by placing a true and coaect copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Nlimiesota. Clayton Robinson Saint Paul City Attorney Meghan Riley Assistant Saint Paul City Attomey Atty. Reg. No. 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Steven H. Bruns Esther E. McGinnis Peterson, Fram & Bergxrtan, P.A. 50 East Fifth Street, Suite 300 Saint Paul, MN 55101-1197 Attorneys for p°*�*�^^°- Subscribed and sworn to before me this tg�' day of ,�eCe,m�e.� 20 D�_. Notary Public �..,, sh�ta€ a,. �aooR� ., �rnar�s,auc•�ua�sora ihY �LSMMISSIOM E3CPlF?r'.$ JAh'. ,�4, 26;Q5 COURT OF APPEALS NUMBER:CX-00-1919 �� : � 1. DATE INDEX OF COUNCIL FILE (C.F.) 00-899 oa-�� _ 9-27-00 Resolution 00-899 and Green Sheet Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. 2. 9-19-00 3. 8-25-00 Report of the 9-19-00 Legislative Hearing Notice of Public Hearing to City Council from Steve Magner, Vacant Buildings Supervisor. NUMBER OF PAGES 4 3 2 4. 9-19-00 Minutes ofthe 9-19-00 Legislative Hearing. 8 5. 9-27-00 Videotape of the 9-27-00 City Council meeting. 1 tape 6. 9-27-00 Summary minutes of the 9-27-00 City Council meeting. 29 COLll1C11 Flle # ��r � Green Sheet # � � RESOLUTION Presented By Referred 'I 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame duplex located on property hereinafter referred to as the "Subject 4 Properiy" and commonly lrnown as 414 Edmund Avenue. This property is legally described as follows, to 5 wit: Lot 22, Block 9, Smith's Subdivision of Stinson's Division of the N. W. 1/4 of Section 36, Township 29, Range 23. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before June 7, 2000, the following are the now lmown interested or responsible parties for the Subject Property: Leone Medin, 1802 Girard Avenue South, Mpls., MN 55403-2943; Home Equity Industrial Company f/k/a, Ford Consumer Finance Industrial Loan Co., c/o Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WF3EREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated July 10, 2000; and WHEREAS, this order informed the then laiown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 9, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and COURT OF APPEALS NUMBER CX-00-1919 DOCLJMENT # 1 CITY OF SAINT PAUL, MINNESOTA s(� oo-i'79 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation ta approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrixuental to the public peace, health, safety and welfare and 5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance wiYh all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be 8 completed within fifteen (15) days after the date of the Council Hearing; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2000 and the tesrimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subj ect Property at 414 Edmund Avenue: That the Subj ect Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing ar Building code violarions at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze as previously stated itt this resolution and that the notification requirements of Chapter 45 ha�e been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: 2. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. COURT OF APPEALS NUMBER CX-00-1919 pc-Y99 1 2. If the above conective action is not completed within this period of tune the Cirizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, ail personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If ali personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date o0 . Adoption Certified by Council Secretary _�� • � � -� . � �. - ,L � •� � � � /j I Requested by Department o£ Citizen Service Office: Code Enforcement BY��K��f/"`-'f I'� Form Approved by City Attorney By: l_�'� �/ "` ° y I � Approved by Mayor for Submission to Council By: �J1. o,✓,l ��/1/bU�/ COURT OF APPEALS NUMBER CX-00-1919 L7ivision of Code Enforcement 266-8439 �� 2�,2000 osiasioo �� TOTAL # OF SIGNATURE PAGES _�_ GREEN SHEET �3� oo-l-�tq � No 102��4 �.�,,,,.,� �12 f�- `� I b�Q m„� ❑ �.,�.� ❑..�, 0 -�� ❑ (CLIP ALL LOCATIONS FOR SIGNA7UR� City Council to pass this resolution which wili order the owner(s) to remove or repair the, referenced buiiding(s). If the owner fails to comply with the resolution, the Citizen 5ervice Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 414 Edmnnd Avenue. C �� 5�3�� C� �� SEP 11200A PLANNING GOMMlSS10N CIB CAMMIITEE CML SERVICE CAMMISSION ki� tltis P�� xarketl uMer a oonhact MMis tlepartment? YES NO � liac Mi p�OMum era bcen a aty anpbyce? YES NO - -� - _ "' ' , Dces Mis pe�sadfirm P� e sldll not namalNP� bY enY Wrtent dly empbyee7 YES NO k Mi6 pnswV6rm atarpeted �endoYt �, , YES NO "�I�"$ in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 414 Edmund Avenue by August 9, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. SEP 01 2�€€�� . �� F The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a svecial.assessment a�ainst the proqertv taxes. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. 1 \ . 1 " •� b: a :'S111"� ■:wn:�.•.n.� '"�R""n°"`�`""' SEP 0 5 200fl MAYOR'S OFFiCE COST/REVENUEBUDfiEfEDIqRCLECHE) � � NO ACTIVRYNUM6ER 3�26I COURT OF APPEALS NLIMBER CX-00-1919 � _ - - - - - — -- -- J bv-� � REPORT Aate: September 19, 2000 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislafive Hearing Officer 1. Summary Abatements: File 70003V Towing of abandoned ve}ucles from private property during Mazch 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heating Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Qfficer recommends approval. 1560 Westem Avenue North (JOOQ4A) Legislative Hearing Officer recommends approval. 203 Genesee Street (30003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (30004A) Legislative Hearing Officer recoxnmends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NLJMBER CX-00-1919 DOCUMENT #2 UC7- ��l �'7 LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Burr Street (30004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Aearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File 70004G Crrass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 2020 Reanev Avenue (JOOOSA) Legislative Hearing Officer recommends approval. 0 Flandrau (em�tv lot� (JOOOSA) Legislative Heazing O�cer recommends approval. 60Q Grotto Street North (JOQ04B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heard at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. COURT OF APPEALS NUMBER CX-00-1919 �� c � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolufion ordering the owner to remove or repair the building at 682 Western Avenue I3orth. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properiy on the condifion that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolution ordering the owner to remove or repair the building at 1447 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislarive Hearing Officer recommends granting the owner six months to complete rehabilitation of the property. rrn COUItT OF APpEALS NUMBER CX-00-1919 CITIZEN SERV[CE OFFICE Fred Owxsu, Ciry Clerk G�� - 1 � DNISiON OF PROPERTY CODE ENFORCEMENT Michael R �Ltorehead, Program Nfmrager SAINT vwui � Af1Af1 CI'I`Y OF SAINT PAUL Noml Coleman, ktayor August 25, 2000 �t2�tr�� P`�,�cP,3.'��'' ��`?i@! �t3G � 1 2440 NOTICE OF PUBLIC HEARIN�__�.__._.._____�..__. _._ ._ . Council President and Members of the City Council �;, Citizen Service Office, Vacantll�?uisance Buildin�s Enforcement Division has requested the City Council schedule pubfic hearin�s to consider a resolution ordering the��epair or removal of the nuisance building(s) located at: 41� Edmund Avenue The City Council has scheduled the date of these hearings as follows: LegisiaYive Hearing - Tuesday, September 14, 2�00 City� Council Hearing - Wednesday, September 27, 2�00 The o��ners and responsible parties of record are: Name and Last Kno�vn Address Leone Medin 1802 Girard Avenue South Interest Fee O�vner Mpls., Vil�� 55403-3943 Home Equity Industrial Company flkJa Ford Consumer Finance Industrial Loan Co. c/o Peterson, Fram & Be �aman, P.A. 50 East Fifth Strzet, Ste. 300 St. Paul, M�+ 55101 Attorneys for Nlortgagee The le�al description of this property is: Nuisnnce Buildirsg Code Enforcement li W Kellagg Blvd. Rni. 190 Tel: 651-266-84d0 Saint Pauf, MV 55102 Faz: 65l-266-&426 Lot 22, Block 9, Smith's Subdivision of Stinson's Division oi The iVT. W. 1(4 of Section 36, To�vnship 29, Ran�e 23. , COURT oF APPEALS DIUMBER CX-00-1919 DOCUMENT #3 oo-r9't 414 Edmund Avenue August 25, 2000 Pa�e 2 Division of Code Enforcement has declazed this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conectin� the deficiencies or by razing and removin� this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magn e� Steve Magner Vacant Buildings Supervisor" - Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Desi�n Me�han Riley, City Attorneys Office � Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division ccnph �' COURT OF APPEALS NUMBER CX-QO-1914 MINUTES OF TF� LEGISLATIVE HEARING Tuesday, September 19, 2000 Room 330 Courthouse Gerry Sirathman, Legisiative Hearing Officer �� S� � STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 a.m. Summary Abatements: File JQOQ3V Towing of abandoned vehicles from private property duting March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File JQ004V Towing of abandoned vehicies from private property during Apri12000. Summary Abatements: File J0�04G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 200U; File JOOOSA Property clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeared for this properry; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, LegislaYive Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properly; however, Code Enforcement had not received the green cazd indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislarive Hearing. 840 Montana Avenue West (J0004A) The following appeared: Cazol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yard. Afterwards, she found out that the workers did damage to her gazage and her house. They also left deep ruts in her yazd. (Ms. Anderson presented photographs. They were later returned.) COURT OF APPEALS NLJMBER CX-00-1919 DOCLIMENT #4 o�� LEGISLATIVE HEARING MINiJTES OF 9-19-2000 page 2 Ms. Gengler stated the lawn was long. The crew did it guickly. After the crew was done, the siding had big holes in it, circular holes were left in the lawn, and lots of cigarette butts were left on the lawn. The way it was done was disrespectCul. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She tried calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice care, and Ms. Anderson is homebound taking care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A suxnmary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the properiy. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner find another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeazed and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to ciean up. Dick Lippert stated Janyth Loney was notified at 1734 Coivin and a Benjamin and Janyth Loney were notified at 342 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, which was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was not returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) COURT OF APPEALS NLJMBER CX-00-1919 LEFISLATIVE F3EARING 1v1II1UTES OF 9-19-2000 c�c� �� Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 1027 Avon Street North (30004A) (No one appeared to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (T0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.) Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 yeazs of age and older can qualify for deferred payment. His grandmother is 76 years old. A payment of $549.50 wouid create a financial hazdship for her. Roxanna Flink explained ttiat a form will be sent to Bazbara Hazper regazding deferred payment. The assessment does not go away, but it will be defened until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and J0004V) The following appeazed: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the properry on May 13. The abatement paperwork is dated March and April. These assessment happened before he purchased the properry. Gerry Strathman expiained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners are suppose to disclose any pending assessments on the properry. The recourse would be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strathman suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. COURT OF APPEALS NIJMBER CX-00-1919 LECsISLATNE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004� (No one appeared to represent the properiy.) Gerry Strathman recommends approval. 2020 Reanev Avenue (JOOOSA) (No one appeazed to represent the property.) Gerry Strathman recommends approval. 789 Jessamine Avenue East (J0004A) (No one appeared to represent the properiy.) Gerry Stratluuan recommends approval. 0 Flandrau (emptY lotl (JOOOSA) �o Page 4 Larry Gurtin, owner, appeared and stated the CiTy had a legitimate claim to cut the grass. He paid his neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the notice itsei£ The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done until July 18. Between the time the notice was sent and the City aleaned it up was I 1 days; between the time the notice was received and the clean up was done was 6 days. There was time to have it cleaned up. The charge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A lazge part of the charge is the expense of sending the equipment and crew to the property. Gerry Strathman recommends approval. Mr. Gurtin asked was there other recourse. Mr. Stratiunan explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the fmal decision in this matter. 952 Euclid 5treet (J0004A) (No one appeazed to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NUMBER CX-00-1919 LEGISLATIVE HEt1RING MINiJTES OF 9-19-2000 1023 Canoll Avenue (J0004A) c>o-�, � Page 5 Tom Moriarry, owner, appeazed and stated he purchased the proper[y on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to lus papenvork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the properry and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not awaze that Thomas Moriarky purchased the property until May 26. This is a registered vacant building, and there were vacant building placards on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (The first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was first noticed on May 1. On May 8, the inspector wrote a sununary abatement. He called BFI, who indicated they had no contract for the dumpster. Because it was ovez�lowing, Code Enforcement decided to issue a summary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been ohanged yet. Mr. Moriarty stated he called Don Wagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed the assessment information to Mr. Moriarry. Code Enforcement had no indication that Mr. Moriarty existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the properiy.) Mr. Moriarty stated he was in the process of doing the work and to chazge him $1,200 for what he could do for $500 is unfair. BFI stated the duxnpster was $450, which he has in writing. Steve Magner stated the charges are as follows: 1.5 hours of labor for $337.50; 45 yazds for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $81Q would be for the cost of the dumpster pius the cost of dumping the additional refuse. (1'he second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yard rolloff, the second 45 yards is somewhat of a bargain. Mr. Strathman concurred: there was more than five yazds of trash on the videotape. COURT OF APPEALS NL3MBER CX-00-1919 LEGISLATIVE HEARING �JTES OF 9-19-2000 Gerry Sirathman recommends approval. 769 Burr Street (30004� �� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the Septemker 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003V) (The owner appeazed and had the green card with him and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (JOOQ4B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeared; however, Code Enforcement had not received the green cazd indicating this address wouid be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. (Note: 238 Winona Street East (J0004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-9-00 minutes for fwther details.) � Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Eniorcement is ordered to remove the bufldiag. (No one appeared to represent the property.) Steve Magner reported the building was condexnned September 1999 and has been vacant since 9-17-99. Five summary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constihxte a nuisance condition was developed and photographs were taken. The property remains in a condition which compromises a nuisance as defined by the legislative code. The vacant building fees are due. A citation was issued for failure to pay the vacant building fee. Real estate tases are unpaid. Taxation has placed an estimated mazket value of $49,500. COURT OF APPEALS NUMBER CX-00-1919 °�-�� LEGISLATIVB HEARING MII3iJTES OF 9-19-2000 p�e '7 Gerry Strathman asked was there any communicafion with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Enforcement recenfly. She may be losing the properry to the mortgage company, which has not contacted Code Enforcement. Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for this meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the properiy. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Ramsey County. There have been six summary abatement notices to cut taIl grass and remove refuse. On 7-11-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees are due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the property. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The property would go through probate and go to the grandfather's two sons. Mr. Strathman stated this is an alzuost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This wiil come before the City Council on September 27. Mr. Strathman asked can Mr. Hutchinson estabiish ownership by then. Mr. Hutchinson responded he wili see what he can do. Gerry Strathman recommends granting the owner six months to compiete rehabilitarion of the properry on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strafhman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these condi6ons aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. COURT OF APPEALS NUMBER CX-00-]919 �a --�� LEGISLATIVE HEARING MINUTES OF 9-14-2000 Page 8 Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Hendrie Grant, owner, appeazed and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner six months to complete rehabilitation of the property. The meeting was adjourned at 11:15 a.m. �] COURT OF APPEALS NUMBER CX-00-1919 �� B'�. �' �A SUMMARY MINUTES �� s 9 o � � OF THE SAINT PAUL CITY COUNCIL a iiiHli 91d[I , Wednesday, September 27, 2000 w n�� Y �C 3:30 - 5:00 p.m. m �°b pUBLIC HEARINGS - 5:30 - 6:�0 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 335 pm. by Council President Bos�rom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Biakey, Harris (both excused) CONSENT AGENDA (Items 1 - 31) �b'�� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE WILL BE NO SEPfIRflTE DISCUSSION OF THESE IT$MS. IF DISCUSSIONIS DESIRED, THr1T ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minutes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lanhy requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Caze, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for James Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division 3. Suuunons and Complaint in the matter of Building Restoration Corporadon vs. the City of Saint Paul, et a1. Referred to the City Attorney's Office COURT OF APPEALS NiJMBER CX-00-1919 DOCiJMENT #6 � September 27, 2000, City Council Summary Minutes Page 2 4. Letters fram the Citizen Service OfficeiProperty Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislative Hearing for October 310 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For notifica6on purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter &om the Rea1 Estate I}ivision announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-2000) Letter from the Department of Planning and Economic Development announcing a public heariztg before the City Council on October 4, 2000, to consider a preliminary and final piat (Sibley Pazk Apartments) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley Street. 8. Admitustrative Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Parks projects to the Contingency Funds. D001922 Revising the spending and financing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 from the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00.867 - Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoption ��' �� 10. Resolution - 00-848 - Concerning adverse action against all licenses held by Pazadise & Lunches, Inc., dba Dakota Bar & Grill, 1021 Bandana Boulevard East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 � ��q September 27, 200Q City Council Summary Minutes Page 3 11. Resolurion - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00-869 - Approving the decision of the Legislative Aearing Officer on Properiy Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Billboazd Issue, 1430 York Avenue, 1429 Gtand Avenue, 26 Dale Avenue South, 682, 888, 1311, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Lexington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Boazd of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operarion of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Reso3ution - 00-871 - Authoriting application for the Livable Communities Demonstrarion Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommendation for improved downtown "signage for directing the public to and from the Rice Pazk azea. Adopted Yeas - 5 Nays - 0 16. Resolufion - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athleric fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Pazk Booster Club and Neaghborhood House to the 2000 Charitable Gambling 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residential Street Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) �� September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00-877 - Amending the spending and financing plans for the Census Tract 9 & 10 pro,}ect. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Program & 1998 Major Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary acrion leading to the possible issuance of City General Obligation Riverfront Tax Increment Refunding Bonds in the appro�mate amount of $8,410,000.00 for the purpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00-880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminat. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Department to enter into an agreement with Saint Paul Arena, LLC, to provide and to be reimbursed for security services for the Mirmesota Wild Hockey games and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstruction projects on the north side of Sutnmit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00.883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located near York and Weide 3treets. This would amend the resolution so as not to retain the easements. Adopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary Order - 00-885 - In the matter of residential street paving and lighring for the Fifth/Kennard Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 ��,�R� September 27, 2000, City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the Page/Manomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the matter of sidewalk repairs and/or the repair of sanitary sewer, storxn sewer and/or water service connecrions, if requested by the properry owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date of public hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Department of Public Works to seek Federal govemment funding from the U.S. Department of Transportation for full or partia] funding to construct a gondola across the Mississippi River. Rafic Chehouri, Aepartment of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevazd project. When he met with the Deputy Secretary of Transportation, he stated that the Deparhnent of Transportarion was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. They feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficutt to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lantry said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federai transportation dollazs that it's an eitherfor situation. She also noted that there �� .�� September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regarding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of transportation dollazs for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federal money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevazd because they aze coming out of different funds. He was told there is no money for Phalen Boulevard this year and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportarion policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private mazket because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taYpayers. Mr_ Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there are many questions to be answered before going forward. He also noted that he had seen proposals for a$10-15 million pazking ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those aze issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feel this was an issue of money but whether it could be a potenfial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and crearive ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolution. Withdrawn Yeas - 5 Nays - 0 � ��`�� September 27, 2000, City Council Summary Minutes page 7 FOR DISCUSSION ' 32. Siz-month Update from the Office of Labor Relations on their work plan schedule in response to the Council Reseazch Performance Audit. (Update requested by the Council on March 15, 20�0) Katherine Megarry, Office of Labor Relations, presented a report of their accomplish- ments over the past six months. She noted the most significant item was that they have no open coniracts at this time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Research Center, reported that Council Research staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory positions where inherent managerial policy states "we can not infrin�e our own rights to hire who we think is appropriate for a supervisory posirion." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspecrions and Environmental Protecrion of the AMANDA and ECLIPS systems. (Presenta6on requested by the Council on August 2, 2000) (Reiter lefr) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadline with both of the systems as well as the licensing system but they met their goal and there was no down rime. The AMANDA system is a replacement far the D-Base system which they used for permits. It was a similaz Y2K issue and it was ready to go in September 1999. A secondary goal was to try to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. �fl'�� September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which includes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff: They have taken former inspectors who have developed the system and they were still able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenUy held a meeting regarding a situation with dogs and there seems to be a lack of coordination between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the glans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based Council President Bostrom asked if other departments have access to this data. Mr. Kessler responded that the Fire Department is developing their own inspecrion system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Cirizen Services and that would be a City-wide application. (Reiter rehuned) 34. Progress report by the Mayor's Administrarion on their discussions with the appropriate State agencies and elected officials regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Department of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Department and staff from the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The plant has identified 11 compounds in the emissions which may be causing odor. They will test and identify the chemical malceup of the emissions before the scrubber, put the test scrubber in, and identify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with �,gg� September 27, 2000, City Council Summary Minutes Page 9 electronic devices. Since odor is subjective, they also have a panel of six to eight people to actually smell bags. They are also looking at the possibility of shipping the distiller grains, which are currently dried in the grain dryer, away from the plant while they aze still wet. Mr. Smith said he has spoke with Mr. Dan Morris from the Institute for Local Self Alliance and he is looking into some mazkets for the wet grain. He indicated that the cost of petroleum and nahual gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the,odor that is most persistent in the outlying neighborhoods is coming from the gain dryer. There are other odors that may be coming from the disrilling and from the fermenting and also from the brewery which is important to remember. The plant feels if they can address the grain dryer smell, they can bring the odor level back to an acceptable level as it had been before the ethanol plant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to explore the various oprions that may resolve the problem. ORDINANCES 35. Final Adoption - 00-8�6 - An ordinance finalizing City Council action approving a perition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Public hearing held August 9, 2000) Councilmember Benanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislative Code; assign the responsibility for setting fees to the Truth- in-Sale of Housing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definirion, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - Au ordinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipa] Contracting Act (Ch. 471345). Laid over to October 4 for third reading/public hearing � �� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Admitustrative Code to bring it into conformance wiffi amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from 7anuary 1, 2001, to December 31, 2001, to increase housing in Saint Paui. Council President Bostrom recommended the public hearing be held on October at which time he felt the Council would have the information they requested. Councilmember Benanav moved to lay over to October 25 Laid over to October 25 for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab vehicle inspections instead of biannual inspections and allowing for appearance inspections of taxicab velucles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislarive Code Sec6on 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day notice requirement for issuance of a liquor license to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restawant. He indicated that Bamboleo is a Caribbean-Latino restatuant. Adopted Yeas - 5 Nays - 0 ��.g�9 September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the tules and approval of the following resolution: Page 11 Resolurion - 00-911- VJaiving the 45-day no6ce requirement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the following resolution: Resolution - 00-912 - Amending Council File 00-321, Adopted Aprii 5, 2000, (approving the petirion of Dennis Guptil to vacate a portion of East Fifth Street, Ehia Street, and the alley in Hamer's Subdivision in order to a11ow construcuon of new housing units) by changing wording in the legal description. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (arrived after roll call) PUBLIC HEARINGS The nublic hearinQ on the Housine Revenue Bonds for the Franciscan Health and Aousine Services Pro}ect (St. Marv'sl was continued to October 4 2000 42. Public hearing regarding the City's Norice of Intent to Franchise Providers of Cable Communication Service and applicarions received from Everest Connecrions Corpora6on and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Straflunan, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 �'�� 1 September 27, 2000, City Council Summary Minutes Page 12 43. TJvrd Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuation of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading/public hearing) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third reading/public heating Yeas - 5 23ays - 0 44. Resolution - 00-765 - Concerning adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Palmer, Assistaut City Attorney, reported this adverse ac6on involves Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insuranc� in forc�. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last half of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until all license fees have been paid and that he not be allowed to re-open unril liquor liability insurance is in force. No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrarive Law Judge concerning the Application for a Taxicab Driver's License by Willie B. Jones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (AL.n concerning this matter. Willie Jones applied for a taacicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legislative Code does not permit a person to have a license if they have a felony conviction within the last five years. Mr. Jones requested a hearing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent norice of the hearing but failed to appear. Therefore, Ttie Administrative Law Judge report made �-��9 September 27, 2000, City Council Summary Minutes Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the ailegarions and that there was no evidence of rehabilitation in the record and made a recommendarion that the Council deny the license. No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and adopi the report of the ALJ. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (application denied) Yeas - 5 Nays - 0 46. Public hearing to consider the report of the Administrative Law Judge conceming the Auto Body Repair Crarage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attorney, stated that the Office of License, Inspec6ons and Environmental Protection (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegarions of violarions on the condirions of his license. Mr. Hakala requested a hearing before an Administrative Law Judge (AL�, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there haue been violations of the condirions on the license. Adverse action was previously taken against the license on January 12, 2000, due to violation of the condirions of the license. At that fime, Council imposed a penalty of a 30-day closure with 15 of the days suspended, a fine of $500.00, and that the property be cleaned up within one week of adoprion of the resolution. The recommendation at this hearing was for a 30-day closure and an additional 15 days, wluch were previously suspended, and a$1,000 fine. The ALJ found that the violations had been proved, recommended adverse action but made no recommendarion for what the appropriate penalty would be. Ms. Palmer noted in reading the AL7 report that monitoring the conditions on the property is taking an enormous amount of staff rime in the Office of LIEP. She recommended that a 45-day closure would be appropriate since this is the second time this yeaz this matter has been before the Council. She recommended the Council adopt the findings and conclusions of the ALJ report, impose adverse action, and that the property not be allowed to re-open unril it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeazed in opposirion; Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0 �,-$�� September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lantry noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feel he will come into compliance. The business he operates does not fit the space that is available to him, she said. No one appeared in opposirion; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Admuustrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Public heazing to consider the report of the Administrative Law Judge concerning the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Palmer, Assistant City Attorney, outlined the condirions which were agreed to by the owner of High Tech Auto Services. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the AdministraYive Law Judge including addirional condirions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolution - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall license. Robert Kessler, Director of the Office of License, Inspections and Environmental Protection (LIEP) appeared and said LIEP staff recommends apgroval of the bingo center application as they find the location is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Aevelopment, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a vacant and under-utilized area of the shopping center and the physical locarion is separated from residenrial uses. LIEP also believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate wiUun the two mile radius of an existing hall does not make sense. Not only are there problems with the brokaring of that consent, it limits compe6tion and allows bingo ha11 owners the upper hand in leasing agreements. ��,.�q� September 27, 2000, City Council Summary Minutes Page 15 Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislation that allows for the waiver. Appeating in opposition to the waiver were the following individuals: Bob Maher, Attorney with Best & Flannigan, representing Oak Grove Properties and Jim Reilly, the owner of the commercial space at Lexington and University which includes a licensed bingo facility. Ae stated that Mr. Reilly has operated his bingo site for nine years with four chariries as his tenants. If the Council grants the waiver, Mr. Maher said it was their position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four charity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There aze no other charities showing a desire to take ffieir place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simply move an e�sting economic benefit to another location There is no justification for depriving the Lexington-University area of these benefits, Maher said. Don Ludeman, President of Snelling Hatnline Community Council, said Snelling Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with condirions which he outlined There are neighbors in Snelling Hamline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood The desire of the neighborhood is to work with the proposed tenants to minimize the negative unpacts and maacimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a clear guideline as to when a waiver should be approved. It does not tallc about special circumstances but taiks about promoting responsible ownership and accountability. RK Midway detarmined the Le�ngton locarion was not meeting the needs of the four charities involved or their customers' needs for a feeling of security and for shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and aze ready to move into the space at Midway Center. Ms. Maccabee talked about why this move wili provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chaznber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaYs good for any individual business but what is best for the whole Midway business community. T'hey feel it is an important investment and she said they are very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with �e-��f September 27, 2000, City Council Summary Minutes Page 16 the neighborhood to address any concerns. They feel the evidence is strong that the move will provide some very good benefit Ms. R'aters said t3�ey would be willing to work with Mr. Reilly at Leatington and University to find a good use for that property. Bazbaza Kale, CEO of Midway Training Services (MTS), one of the cbarities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MTS has been involved in charitable gambling for approicimately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attomey with Leonard Street & Deinazd, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city zoning map showing that it will be zoned B-2 and a bingo hail is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the surrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few years MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projecrions are coaect, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attomey, as he has an association with one of the chariries. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) 49. (See discussion on page 17) (Reiter left) 69. Public hearing to cansider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of property at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) ��,,�q 9 September 27, 2000, City Council Summary Minutes (Reiter returned) Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, zone on both sides of Goodrich Avenue between Cretin Avenue and Finn Street. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanav left) 51. Resolurion - 00-894 - Ordering the owner to remove or repair the building at 108 Atwater Street within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Aearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mt. Strathman. No one appeazed in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to a11ow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav returned) Robert Kessler, D'uector of the Office of License, Inspections and Environmental Protection (LIEP), appeared and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the applicarion for a sound level variance and their board was not able to take action. Mr. Kessler responded that his records show the district council was sent a norice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he aclaiowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norificarion by faY could have served as notification in this case. oa�`� September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeared and tallced about the event. Councilmember amended the hours for the sound level variance on October 1 to 12 noon to 4:00 p.m. No one appeared in opposirion; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - 00-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeazed in opposition; Councilmember Lantry moved to close the public heazing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the property at 1246 Seventh Street East within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lanhy moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolurion - 00-897 - Ordering the owner to remove or repair the properry at 682 Western Avenue North within fifteen (15) days from adopfion of resolution. (Legislarive Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a $2,000 bond is posted hy noon on September 27, 2000) Gerry Strathman, Legislafive Hearing Officer, reported the required bonds were not posted and, therefore, he recommended approval of the original order. �� September 27, 2000, City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within 15 days) Yeas - 5 Nays - 0 55. Resolution - 00-898 - Ordering the owner to remove or repair the property at 1497 York Avenue within fifreen (15) days from adoprion of resolution. {I,egislative Hearing Officer recommends granting the owner 180 days to complete rehabilitarion of the property) Gerry Sh�athman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer} Yeas - 5 Nays - 0 56. Resolurion - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on this matter on September 19 and no one appeazed on behalf of the property. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul Johnson to a summary abatement order for property located at 79 Virginia Street. (Legislafive Hearing Officer recommends denying the appeal) Gerry Suathman,. Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. Tfie matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the arders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 D�� September 27, 2000, City Council Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied. No one appeared in opposi6on; Councilmember Reiter moved to close ttte public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Resolurion Ratifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherbume Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V1�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue Q0003AA1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00 762 T'homas Avenue (J0003AA�- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (70002V Vl - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (J0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 ��$�9 September 27, 2000, Ciry Council Summary Minutes Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (70003 V, J0004�; properiy clean-up from late May through June, 2000 (70004A); demolition of vacant buildings during the months of 7une and July, 2000 (J0004C) (Legislarive Hearing Officer recommends approval with the following exceprions: 1045 Fremont Avenue Q0003 V� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 840 Montana Avenue West (J0004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V,� - lay over to the 5eptember 26, 2000, Legislative Hearing and ffie October 4, 200Q City Council Meeting; 769 Burr Street (J0004V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, tesrimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue Street (J0003V� - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Charles Avenue was referred to a Legislafive Hearing on October 10, 2000, and City Council Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeazed. He was cited for two cazs that were towed away, one in March and one in April. He stated that he purchased the property in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislative Hearing Officer, said this matter was heard at a Legislarive Hearing and at that fime he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the rime of the sale. He. told Mr. Reno that his recourse would either be to the seller for not informing him of the assessment or possibly the title instu�ance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed. She said she was appealing the assessment because damage was done to the garage, the house, and the yard by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and he recommended reducing the amount. � � September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see below]) Yeas - 5 Nays - 0 Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Chazles Avenue. Yeas - 5 Nays - 0 966 Charles Avenue - Gerry Strathman, Legislative Hearing Officer, stated the property owner did not appear at the Legislative Hearing and suggested it be referred to the Legislarive Hearing on October 10, 2000. The property owner was agreeable. Councilmember Reiter moved to refer 966 Chazles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 61. Resolution Rarifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, June andior July, 2000 (J0004G); boarding-up of vacant properties during the months of April and May, 2000 (J0004B); property clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private properiy during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approvat with the following exceptions: 815 Robert Street 5outh 1J0005A1- lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (JOOOSV) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting. (Coleman le8) Gerry Strathman, Legislative Heazing Officer, reported a Legislative Hearing was heazd on this matter and recommendations were made. No one appeazed in opposirion; Councilmember Lantry moved approval as amended Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) ��_$R�f September 27, 2000 c�ty co,��i s�,az �uc� Page 23 62. Resolution Rarifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements for the WesternlLawson RSVP Paving and Lighting Project. (File #18904) Councilmember Reiter moved to introduce a substitute resolurion which deleted two streets. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of 3ohn Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the property. (Vacarion File #9-2000) No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolution - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the railroad right-of-way for the expansion of a manufacturing and wazehouse facility. (Vacation File #10-2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolurion - 00-907 - Approving the perition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Clear Avenue, appeared in opposition to the vaca6on saying that the vacarion would deny him access to his garage because it is on the corner of the alley. ��.�qR September 27, 200Q City Council Summary Minutes Page 24 Peter White, Real Estate Division, displayed a map ofthe proposed vacarion. A petition was received to vacate a part of the ailey in the block bounded by Futness, Ruth, Cleaz, and Iry. A section of the alley is 27 ft. wide and the rest of the alley is 20 ft. wide which is the standard alley width. The petitioner wanted to vacate 15 feet of the alley and between negotiations with the petitioner and the Public Works Department, the request was limited to seven feet which leaves a 20 ft. wide alley through the block. After the petition was received, Real Estate contacted the urilities and City departments and there were no objections to the vacation. Mr. White said the recommendation is that the Council approve the vacation sub}ect to the terms and conditions in the resolution. Mr. White proceeded to explain the layout of the alley and the garage. Councilmember Benanav said he could understaud there may be a problem with Mr. Vandeberg accessing lus garage if the door is on the corner. He questioned if it wouldn't have been better to vacate part of the alley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolu6on. If that were to be the case, he suggested it be laid over in order to come back with a legal descriprion of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolution - 00-908 - Approving the perition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's Bureau of Criminal Apprehension Building. (Vacarion File #2-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolurion - 00-909 - Approving the petition of Ronald Thorson to vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a gazage on part of the vacated azea. (Vacation File #6-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Roll Call: Present - 5 Absent - 2(Blakey, Harris - excused) ��.�,�9 September 27, 2000, Ciry Council Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residenrial Preservation Association (SARPA) to a decision of the Aeritage Preservation Commission (HPC} granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeared and stated a staff report or recommendarion was not available on this issue paztially due to the resignarion of former Aeritage Preservation staff person Aazon Rubenstein. Appearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anricipate the consequences that occur. SARPA believes that any home in the Hill District of the National Preservation District and the State Historic Preservarion District must have an environmental assessment workstteet (EAVI� as is specified in State and Federal rules. The State Environmental Quality Boazd submitted a ruling. He questioned if the ruling cleazly states that both the Environmental Quality Boazd and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolition, must have an EAW. It was not done, it was pointed out to the Historic Preservation Commission, and they chose to pass it on to the City Attorney and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor does it haue anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so ffiey have a precedent to use when other properties that aze in the Hill District or other districts may come before the Council. Mr. Toscano said the staff recommendation at the HPC was for further study which was disregarded. He said he testified before the HPC and there was no discussion of his complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted architect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said. Councilmember Lantry said it was her understuiding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not lmow but in this case the State Environmental Quality Boazd says it must be done. Appeared in opposifion to the appeal were the follawing: 3oseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and theu application � September 27, 2000, City Council Summary Minutes Page 26 was approved nnanimously. After discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicable City Code and plans aze fairly clear and they all say the HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and it's clear in the City Code the criteria the HPC should use. Ae noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeat. They raised issues about the Summit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individually on its merits. To claim that the HPC neglected the important issues is not true, he said. Joan Ostrin, properry owner of 828 Summit Avenue, voiced her sugport for permitting the Konstans to demolish the home and rebuild She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmental Quality Board (EQB). He asked Peter Warner, Assistant City Attorney, what the meaning is of historic districts as opposed to individual designations of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretation of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical disirict as shuctures that require an EAW. That information was transmitted to the City Attomey's Office and he said he did not ha�e a clear answer for the Council at this time. Mr. Warner said it would be useful for the City Attorney's Office to look at the rules and consult with EQB staff ar the Assistant Attorney general to detemrine if it is a long- standing interpretation because the implications of it ate fairly substanrial to the City both in past and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 ��`� September 27, 2000, Ciry Council Summary Minutes Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a reaz second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeazed He said there was not a staff report or recommendation on this matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appellant, appeazed. He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as well as neighboring homes with similar decks. He said he did not feel his plans for the deck would alter the architectural character of the house. Staff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be replaced He noted he has the support of all his close neighbors as well as additional people in the slurounding neighborhood. Councilmember Coleman expressed concern that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposirion; Councilmember Lantry moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the groperty and there is no way Mr. Thom can build the deck differenUy to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The structure is identified as non-conh�ibuting in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as"decks" which is that "decks should be consiructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the e�sting structure. Discussion ensued amongst the Councilmembers. Motion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found error in the HPC's decision. co�$�� September 27, 2000, City Council Suuimary Minutes Councilmember Reiter moved to adjourn the meeting. Yeas - 5 Nays - 0 AD70 AT 3S , ✓`--�" Daniel ostrom, Council President ATTEST: � a� I� � Nancy An erson ` —��' Assistant Council Secretary Minutes approved by Council � � . ;�a• Page 28 mce �i 0 ° o N � r N � � �� V a Q " r� �, o � M � M T � ' v��i L� � 3 � � W � w a a, � � w a. � � a. W � Lzl a a. �%. (��- � lJ � � `.,, — � �� o � ��9 � b � �" r � � � � ' � � ",� n ; � t ( z _ � � w .y � � � 1 �- �V ti b � cv O � t � � t � � a � ..� � � � .� � � S �. ° �- a � � O �� J � � n �; � -, � � `� � � � , � � � � � ��- � � � s. m" ` ti � � � � � a � � A � � . _ ,� ��" � � .� 3 � � � � � � � � � J �+ o � �� Q � v t� � V` y � 1 4 � c o0 � �� <�, S `2' � c Z � S - � 9 z � ic ' 6 V Cy. , � �- �� . �. � Z o � — t - o /� U � �� Q F O x � � �t�- ��9 MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER 25 CONSTITUTION AVENUE ST. PAiJL, MN 55155 (651) 297-1904 RECEfVEf� JAN � 6 2001 _ �iTY CLERY� �6\��.__�bY�SV��Yt-_��'f�%V1 CQ Appellate Court File No. �`— O O-1 `' � �.\ � � O � Sl�� t�l� ��..�,'�, ------------- --------------------------------- -- - File Location �� Received from the Appellate Courts of the State of Minnesota, the following original files and exhibits in the above entide matter: �� • Coun A enc istrict Court file(s) And e bits. NOT'E: When original and copy of transcript are forwazded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RETURN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPIJTY/ASSISTANT CITlZEN SERVICE OFFICE F2d Owusq City Clerk CITY OF SAINT PAUL Norm Coleman, M¢yor 0��89� Tel.: 651-266-8989 Fttt: 651-266�689 170 City Hall IS W. KelloggBou7evard SaintPaul,Mimresota 55102 December 18, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paut, MN 55155 HAND DELIVERED Re: Ford Consumer Finance Industrial Loan Company n/k/a Associates Home Equity Industrial Loan Company vs. City of Saint Paul: CX-00-1919 Dear Mr. Grittner: Enclosed herewith please find an index and originals of the Saint Paul City Councii's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys 4or Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �fi�L Frederick K. Owusu City Clerk cc: Meghan Riley, Assistant City Attorney {index only) Steven H. Bruns, Attorney at Law (index only) r�a �9� STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being first duly sworn, deposes and says that on December 18, 2000 he servedthe attached: Index to the Saint Paul City Council File No. 00-899 upon the following attorney(s), individual(s) or corporation(s) by placing a true and coaect copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Nlimiesota. Clayton Robinson Saint Paul City Attorney Meghan Riley Assistant Saint Paul City Attomey Atty. Reg. No. 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Steven H. Bruns Esther E. McGinnis Peterson, Fram & Bergxrtan, P.A. 50 East Fifth Street, Suite 300 Saint Paul, MN 55101-1197 Attorneys for p°*�*�^^°- Subscribed and sworn to before me this tg�' day of ,�eCe,m�e.� 20 D�_. Notary Public �..,, sh�ta€ a,. �aooR� ., �rnar�s,auc•�ua�sora ihY �LSMMISSIOM E3CPlF?r'.$ JAh'. ,�4, 26;Q5 COURT OF APPEALS NUMBER:CX-00-1919 �� : � 1. DATE INDEX OF COUNCIL FILE (C.F.) 00-899 oa-�� _ 9-27-00 Resolution 00-899 and Green Sheet Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. 2. 9-19-00 3. 8-25-00 Report of the 9-19-00 Legislative Hearing Notice of Public Hearing to City Council from Steve Magner, Vacant Buildings Supervisor. NUMBER OF PAGES 4 3 2 4. 9-19-00 Minutes ofthe 9-19-00 Legislative Hearing. 8 5. 9-27-00 Videotape of the 9-27-00 City Council meeting. 1 tape 6. 9-27-00 Summary minutes of the 9-27-00 City Council meeting. 29 COLll1C11 Flle # ��r � Green Sheet # � � RESOLUTION Presented By Referred 'I 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame duplex located on property hereinafter referred to as the "Subject 4 Properiy" and commonly lrnown as 414 Edmund Avenue. This property is legally described as follows, to 5 wit: Lot 22, Block 9, Smith's Subdivision of Stinson's Division of the N. W. 1/4 of Section 36, Township 29, Range 23. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before June 7, 2000, the following are the now lmown interested or responsible parties for the Subject Property: Leone Medin, 1802 Girard Avenue South, Mpls., MN 55403-2943; Home Equity Industrial Company f/k/a, Ford Consumer Finance Industrial Loan Co., c/o Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WF3EREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated July 10, 2000; and WHEREAS, this order informed the then laiown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 9, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and COURT OF APPEALS NUMBER CX-00-1919 DOCLJMENT # 1 CITY OF SAINT PAUL, MINNESOTA s(� oo-i'79 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation ta approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrixuental to the public peace, health, safety and welfare and 5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance wiYh all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be 8 completed within fifteen (15) days after the date of the Council Hearing; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2000 and the tesrimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subj ect Property at 414 Edmund Avenue: That the Subj ect Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing ar Building code violarions at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze as previously stated itt this resolution and that the notification requirements of Chapter 45 ha�e been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: 2. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. COURT OF APPEALS NUMBER CX-00-1919 pc-Y99 1 2. If the above conective action is not completed within this period of tune the Cirizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, ail personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If ali personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date o0 . Adoption Certified by Council Secretary _�� • � � -� . � �. - ,L � •� � � � /j I Requested by Department o£ Citizen Service Office: Code Enforcement BY��K��f/"`-'f I'� Form Approved by City Attorney By: l_�'� �/ "` ° y I � Approved by Mayor for Submission to Council By: �J1. o,✓,l ��/1/bU�/ COURT OF APPEALS NUMBER CX-00-1919 L7ivision of Code Enforcement 266-8439 �� 2�,2000 osiasioo �� TOTAL # OF SIGNATURE PAGES _�_ GREEN SHEET �3� oo-l-�tq � No 102��4 �.�,,,,.,� �12 f�- `� I b�Q m„� ❑ �.,�.� ❑..�, 0 -�� ❑ (CLIP ALL LOCATIONS FOR SIGNA7UR� City Council to pass this resolution which wili order the owner(s) to remove or repair the, referenced buiiding(s). If the owner fails to comply with the resolution, the Citizen 5ervice Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 414 Edmnnd Avenue. C �� 5�3�� C� �� SEP 11200A PLANNING GOMMlSS10N CIB CAMMIITEE CML SERVICE CAMMISSION ki� tltis P�� xarketl uMer a oonhact MMis tlepartment? YES NO � liac Mi p�OMum era bcen a aty anpbyce? YES NO - -� - _ "' ' , Dces Mis pe�sadfirm P� e sldll not namalNP� bY enY Wrtent dly empbyee7 YES NO k Mi6 pnswV6rm atarpeted �endoYt �, , YES NO "�I�"$ in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 414 Edmund Avenue by August 9, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. SEP 01 2�€€�� . �� F The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a svecial.assessment a�ainst the proqertv taxes. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. 1 \ . 1 " •� b: a :'S111"� ■:wn:�.•.n.� '"�R""n°"`�`""' SEP 0 5 200fl MAYOR'S OFFiCE COST/REVENUEBUDfiEfEDIqRCLECHE) � � NO ACTIVRYNUM6ER 3�26I COURT OF APPEALS NLIMBER CX-00-1919 � _ - - - - - — -- -- J bv-� � REPORT Aate: September 19, 2000 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislafive Hearing Officer 1. Summary Abatements: File 70003V Towing of abandoned ve}ucles from private property during Mazch 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heating Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Qfficer recommends approval. 1560 Westem Avenue North (JOOQ4A) Legislative Hearing Officer recommends approval. 203 Genesee Street (30003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (30004A) Legislative Hearing Officer recoxnmends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NLJMBER CX-00-1919 DOCUMENT #2 UC7- ��l �'7 LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Burr Street (30004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Aearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File 70004G Crrass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legisiative Hearing. 2020 Reanev Avenue (JOOOSA) Legislative Hearing Officer recommends approval. 0 Flandrau (em�tv lot� (JOOOSA) Legislative Heazing O�cer recommends approval. 60Q Grotto Street North (JOQ04B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heard at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. COURT OF APPEALS NUMBER CX-00-1919 �� c � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolufion ordering the owner to remove or repair the building at 682 Western Avenue I3orth. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properiy on the condifion that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolution ordering the owner to remove or repair the building at 1447 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislarive Hearing Officer recommends granting the owner six months to complete rehabilitation of the property. rrn COUItT OF APpEALS NUMBER CX-00-1919 CITIZEN SERV[CE OFFICE Fred Owxsu, Ciry Clerk G�� - 1 � DNISiON OF PROPERTY CODE ENFORCEMENT Michael R �Ltorehead, Program Nfmrager SAINT vwui � Af1Af1 CI'I`Y OF SAINT PAUL Noml Coleman, ktayor August 25, 2000 �t2�tr�� P`�,�cP,3.'��'' ��`?i@! �t3G � 1 2440 NOTICE OF PUBLIC HEARIN�__�.__._.._____�..__. _._ ._ . Council President and Members of the City Council �;, Citizen Service Office, Vacantll�?uisance Buildin�s Enforcement Division has requested the City Council schedule pubfic hearin�s to consider a resolution ordering the��epair or removal of the nuisance building(s) located at: 41� Edmund Avenue The City Council has scheduled the date of these hearings as follows: LegisiaYive Hearing - Tuesday, September 14, 2�00 City� Council Hearing - Wednesday, September 27, 2�00 The o��ners and responsible parties of record are: Name and Last Kno�vn Address Leone Medin 1802 Girard Avenue South Interest Fee O�vner Mpls., Vil�� 55403-3943 Home Equity Industrial Company flkJa Ford Consumer Finance Industrial Loan Co. c/o Peterson, Fram & Be �aman, P.A. 50 East Fifth Strzet, Ste. 300 St. Paul, M�+ 55101 Attorneys for Nlortgagee The le�al description of this property is: Nuisnnce Buildirsg Code Enforcement li W Kellagg Blvd. Rni. 190 Tel: 651-266-84d0 Saint Pauf, MV 55102 Faz: 65l-266-&426 Lot 22, Block 9, Smith's Subdivision of Stinson's Division oi The iVT. W. 1(4 of Section 36, To�vnship 29, Ran�e 23. , COURT oF APPEALS DIUMBER CX-00-1919 DOCUMENT #3 oo-r9't 414 Edmund Avenue August 25, 2000 Pa�e 2 Division of Code Enforcement has declazed this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conectin� the deficiencies or by razing and removin� this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magn e� Steve Magner Vacant Buildings Supervisor" - Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Desi�n Me�han Riley, City Attorneys Office � Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division ccnph �' COURT OF APPEALS NUMBER CX-QO-1914 MINUTES OF TF� LEGISLATIVE HEARING Tuesday, September 19, 2000 Room 330 Courthouse Gerry Sirathman, Legisiative Hearing Officer �� S� � STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 a.m. Summary Abatements: File JQOQ3V Towing of abandoned vehicles from private property duting March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File JQ004V Towing of abandoned vehicies from private property during Apri12000. Summary Abatements: File J0�04G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 200U; File JOOOSA Property clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeared for this properry; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, LegislaYive Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properly; however, Code Enforcement had not received the green cazd indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislarive Hearing. 840 Montana Avenue West (J0004A) The following appeared: Cazol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yard. Afterwards, she found out that the workers did damage to her gazage and her house. They also left deep ruts in her yazd. (Ms. Anderson presented photographs. They were later returned.) COURT OF APPEALS NLJMBER CX-00-1919 DOCLIMENT #4 o�� LEGISLATIVE HEARING MINiJTES OF 9-19-2000 page 2 Ms. Gengler stated the lawn was long. The crew did it guickly. After the crew was done, the siding had big holes in it, circular holes were left in the lawn, and lots of cigarette butts were left on the lawn. The way it was done was disrespectCul. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She tried calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice care, and Ms. Anderson is homebound taking care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A suxnmary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the properiy. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner find another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeazed and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to ciean up. Dick Lippert stated Janyth Loney was notified at 1734 Coivin and a Benjamin and Janyth Loney were notified at 342 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, which was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was not returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) COURT OF APPEALS NLJMBER CX-00-1919 LEFISLATIVE F3EARING 1v1II1UTES OF 9-19-2000 c�c� �� Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 1027 Avon Street North (30004A) (No one appeared to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (T0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.) Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 yeazs of age and older can qualify for deferred payment. His grandmother is 76 years old. A payment of $549.50 wouid create a financial hazdship for her. Roxanna Flink explained ttiat a form will be sent to Bazbara Hazper regazding deferred payment. The assessment does not go away, but it will be defened until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and J0004V) The following appeazed: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the properry on May 13. The abatement paperwork is dated March and April. These assessment happened before he purchased the properry. Gerry Strathman expiained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners are suppose to disclose any pending assessments on the properry. The recourse would be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strathman suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. COURT OF APPEALS NIJMBER CX-00-1919 LECsISLATNE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004� (No one appeared to represent the properiy.) Gerry Strathman recommends approval. 2020 Reanev Avenue (JOOOSA) (No one appeazed to represent the property.) Gerry Strathman recommends approval. 789 Jessamine Avenue East (J0004A) (No one appeared to represent the properiy.) Gerry Stratluuan recommends approval. 0 Flandrau (emptY lotl (JOOOSA) �o Page 4 Larry Gurtin, owner, appeared and stated the CiTy had a legitimate claim to cut the grass. He paid his neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the notice itsei£ The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done until July 18. Between the time the notice was sent and the City aleaned it up was I 1 days; between the time the notice was received and the clean up was done was 6 days. There was time to have it cleaned up. The charge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A lazge part of the charge is the expense of sending the equipment and crew to the property. Gerry Strathman recommends approval. Mr. Gurtin asked was there other recourse. Mr. Stratiunan explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the fmal decision in this matter. 952 Euclid 5treet (J0004A) (No one appeazed to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. COURT OF APPEALS NUMBER CX-00-1919 LEGISLATIVE HEt1RING MINiJTES OF 9-19-2000 1023 Canoll Avenue (J0004A) c>o-�, � Page 5 Tom Moriarry, owner, appeazed and stated he purchased the proper[y on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to lus papenvork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the properry and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not awaze that Thomas Moriarky purchased the property until May 26. This is a registered vacant building, and there were vacant building placards on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (The first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was first noticed on May 1. On May 8, the inspector wrote a sununary abatement. He called BFI, who indicated they had no contract for the dumpster. Because it was ovez�lowing, Code Enforcement decided to issue a summary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been ohanged yet. Mr. Moriarty stated he called Don Wagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed the assessment information to Mr. Moriarry. Code Enforcement had no indication that Mr. Moriarty existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the properiy.) Mr. Moriarty stated he was in the process of doing the work and to chazge him $1,200 for what he could do for $500 is unfair. BFI stated the duxnpster was $450, which he has in writing. Steve Magner stated the charges are as follows: 1.5 hours of labor for $337.50; 45 yazds for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $81Q would be for the cost of the dumpster pius the cost of dumping the additional refuse. (1'he second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yard rolloff, the second 45 yards is somewhat of a bargain. Mr. Strathman concurred: there was more than five yazds of trash on the videotape. COURT OF APPEALS NL3MBER CX-00-1919 LEGISLATIVE HEARING �JTES OF 9-19-2000 Gerry Sirathman recommends approval. 769 Burr Street (30004� �� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the Septemker 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003V) (The owner appeazed and had the green card with him and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (JOOQ4B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeared; however, Code Enforcement had not received the green cazd indicating this address wouid be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. (Note: 238 Winona Street East (J0004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-9-00 minutes for fwther details.) � Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Eniorcement is ordered to remove the bufldiag. (No one appeared to represent the property.) Steve Magner reported the building was condexnned September 1999 and has been vacant since 9-17-99. Five summary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constihxte a nuisance condition was developed and photographs were taken. The property remains in a condition which compromises a nuisance as defined by the legislative code. The vacant building fees are due. A citation was issued for failure to pay the vacant building fee. Real estate tases are unpaid. Taxation has placed an estimated mazket value of $49,500. COURT OF APPEALS NUMBER CX-00-1919 °�-�� LEGISLATIVB HEARING MII3iJTES OF 9-19-2000 p�e '7 Gerry Strathman asked was there any communicafion with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Enforcement recenfly. She may be losing the properry to the mortgage company, which has not contacted Code Enforcement. Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for this meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the properiy. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Ramsey County. There have been six summary abatement notices to cut taIl grass and remove refuse. On 7-11-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees are due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the property. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The property would go through probate and go to the grandfather's two sons. Mr. Strathman stated this is an alzuost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This wiil come before the City Council on September 27. Mr. Strathman asked can Mr. Hutchinson estabiish ownership by then. Mr. Hutchinson responded he wili see what he can do. Gerry Strathman recommends granting the owner six months to compiete rehabilitarion of the properry on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strafhman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these condi6ons aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. COURT OF APPEALS NUMBER CX-00-]919 �a --�� LEGISLATIVE HEARING MINUTES OF 9-14-2000 Page 8 Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Hendrie Grant, owner, appeazed and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner six months to complete rehabilitation of the property. The meeting was adjourned at 11:15 a.m. �] COURT OF APPEALS NUMBER CX-00-1919 �� B'�. �' �A SUMMARY MINUTES �� s 9 o � � OF THE SAINT PAUL CITY COUNCIL a iiiHli 91d[I , Wednesday, September 27, 2000 w n�� Y �C 3:30 - 5:00 p.m. m �°b pUBLIC HEARINGS - 5:30 - 6:�0 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 335 pm. by Council President Bos�rom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Biakey, Harris (both excused) CONSENT AGENDA (Items 1 - 31) �b'�� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE WILL BE NO SEPfIRflTE DISCUSSION OF THESE IT$MS. IF DISCUSSIONIS DESIRED, THr1T ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minutes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lanhy requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Caze, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for James Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division 3. Suuunons and Complaint in the matter of Building Restoration Corporadon vs. the City of Saint Paul, et a1. Referred to the City Attorney's Office COURT OF APPEALS NiJMBER CX-00-1919 DOCiJMENT #6 � September 27, 2000, City Council Summary Minutes Page 2 4. Letters fram the Citizen Service OfficeiProperty Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislative Hearing for October 310 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For notifica6on purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter &om the Rea1 Estate I}ivision announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-2000) Letter from the Department of Planning and Economic Development announcing a public heariztg before the City Council on October 4, 2000, to consider a preliminary and final piat (Sibley Pazk Apartments) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley Street. 8. Admitustrative Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Parks projects to the Contingency Funds. D001922 Revising the spending and financing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 from the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00.867 - Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoption ��' �� 10. Resolution - 00-848 - Concerning adverse action against all licenses held by Pazadise & Lunches, Inc., dba Dakota Bar & Grill, 1021 Bandana Boulevard East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 � ��q September 27, 200Q City Council Summary Minutes Page 3 11. Resolurion - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00-869 - Approving the decision of the Legislative Aearing Officer on Properiy Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Billboazd Issue, 1430 York Avenue, 1429 Gtand Avenue, 26 Dale Avenue South, 682, 888, 1311, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Lexington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Boazd of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operarion of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Reso3ution - 00-871 - Authoriting application for the Livable Communities Demonstrarion Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommendation for improved downtown "signage for directing the public to and from the Rice Pazk azea. Adopted Yeas - 5 Nays - 0 16. Resolufion - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athleric fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Pazk Booster Club and Neaghborhood House to the 2000 Charitable Gambling 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residential Street Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) �� September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00-877 - Amending the spending and financing plans for the Census Tract 9 & 10 pro,}ect. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Program & 1998 Major Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary acrion leading to the possible issuance of City General Obligation Riverfront Tax Increment Refunding Bonds in the appro�mate amount of $8,410,000.00 for the purpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00-880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminat. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Department to enter into an agreement with Saint Paul Arena, LLC, to provide and to be reimbursed for security services for the Mirmesota Wild Hockey games and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstruction projects on the north side of Sutnmit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00.883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located near York and Weide 3treets. This would amend the resolution so as not to retain the easements. Adopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary Order - 00-885 - In the matter of residential street paving and lighring for the Fifth/Kennard Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 ��,�R� September 27, 2000, City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the Page/Manomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the matter of sidewalk repairs and/or the repair of sanitary sewer, storxn sewer and/or water service connecrions, if requested by the properry owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date of public hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Department of Public Works to seek Federal govemment funding from the U.S. Department of Transportation for full or partia] funding to construct a gondola across the Mississippi River. Rafic Chehouri, Aepartment of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevazd project. When he met with the Deputy Secretary of Transportation, he stated that the Deparhnent of Transportarion was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. They feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficutt to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lantry said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federai transportation dollazs that it's an eitherfor situation. She also noted that there �� .�� September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regarding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of transportation dollazs for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federal money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevazd because they aze coming out of different funds. He was told there is no money for Phalen Boulevard this year and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportarion policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private mazket because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taYpayers. Mr_ Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there are many questions to be answered before going forward. He also noted that he had seen proposals for a$10-15 million pazking ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those aze issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feel this was an issue of money but whether it could be a potenfial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and crearive ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolution. Withdrawn Yeas - 5 Nays - 0 � ��`�� September 27, 2000, City Council Summary Minutes page 7 FOR DISCUSSION ' 32. Siz-month Update from the Office of Labor Relations on their work plan schedule in response to the Council Reseazch Performance Audit. (Update requested by the Council on March 15, 20�0) Katherine Megarry, Office of Labor Relations, presented a report of their accomplish- ments over the past six months. She noted the most significant item was that they have no open coniracts at this time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Research Center, reported that Council Research staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory positions where inherent managerial policy states "we can not infrin�e our own rights to hire who we think is appropriate for a supervisory posirion." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspecrions and Environmental Protecrion of the AMANDA and ECLIPS systems. (Presenta6on requested by the Council on August 2, 2000) (Reiter lefr) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadline with both of the systems as well as the licensing system but they met their goal and there was no down rime. The AMANDA system is a replacement far the D-Base system which they used for permits. It was a similaz Y2K issue and it was ready to go in September 1999. A secondary goal was to try to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. �fl'�� September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which includes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff: They have taken former inspectors who have developed the system and they were still able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenUy held a meeting regarding a situation with dogs and there seems to be a lack of coordination between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the glans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based Council President Bostrom asked if other departments have access to this data. Mr. Kessler responded that the Fire Department is developing their own inspecrion system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Cirizen Services and that would be a City-wide application. (Reiter rehuned) 34. Progress report by the Mayor's Administrarion on their discussions with the appropriate State agencies and elected officials regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Department of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Department and staff from the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The plant has identified 11 compounds in the emissions which may be causing odor. They will test and identify the chemical malceup of the emissions before the scrubber, put the test scrubber in, and identify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with �,gg� September 27, 2000, City Council Summary Minutes Page 9 electronic devices. Since odor is subjective, they also have a panel of six to eight people to actually smell bags. They are also looking at the possibility of shipping the distiller grains, which are currently dried in the grain dryer, away from the plant while they aze still wet. Mr. Smith said he has spoke with Mr. Dan Morris from the Institute for Local Self Alliance and he is looking into some mazkets for the wet grain. He indicated that the cost of petroleum and nahual gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the,odor that is most persistent in the outlying neighborhoods is coming from the gain dryer. There are other odors that may be coming from the disrilling and from the fermenting and also from the brewery which is important to remember. The plant feels if they can address the grain dryer smell, they can bring the odor level back to an acceptable level as it had been before the ethanol plant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to explore the various oprions that may resolve the problem. ORDINANCES 35. Final Adoption - 00-8�6 - An ordinance finalizing City Council action approving a perition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Public hearing held August 9, 2000) Councilmember Benanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislative Code; assign the responsibility for setting fees to the Truth- in-Sale of Housing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definirion, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - Au ordinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipa] Contracting Act (Ch. 471345). Laid over to October 4 for third reading/public hearing � �� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Admitustrative Code to bring it into conformance wiffi amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from 7anuary 1, 2001, to December 31, 2001, to increase housing in Saint Paui. Council President Bostrom recommended the public hearing be held on October at which time he felt the Council would have the information they requested. Councilmember Benanav moved to lay over to October 25 Laid over to October 25 for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab vehicle inspections instead of biannual inspections and allowing for appearance inspections of taxicab velucles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislarive Code Sec6on 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day notice requirement for issuance of a liquor license to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restawant. He indicated that Bamboleo is a Caribbean-Latino restatuant. Adopted Yeas - 5 Nays - 0 ��.g�9 September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the tules and approval of the following resolution: Page 11 Resolurion - 00-911- VJaiving the 45-day no6ce requirement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the following resolution: Resolution - 00-912 - Amending Council File 00-321, Adopted Aprii 5, 2000, (approving the petirion of Dennis Guptil to vacate a portion of East Fifth Street, Ehia Street, and the alley in Hamer's Subdivision in order to a11ow construcuon of new housing units) by changing wording in the legal description. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (arrived after roll call) PUBLIC HEARINGS The nublic hearinQ on the Housine Revenue Bonds for the Franciscan Health and Aousine Services Pro}ect (St. Marv'sl was continued to October 4 2000 42. Public hearing regarding the City's Norice of Intent to Franchise Providers of Cable Communication Service and applicarions received from Everest Connecrions Corpora6on and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Straflunan, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 �'�� 1 September 27, 2000, City Council Summary Minutes Page 12 43. TJvrd Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuation of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading/public hearing) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third reading/public heating Yeas - 5 23ays - 0 44. Resolution - 00-765 - Concerning adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Palmer, Assistaut City Attorney, reported this adverse ac6on involves Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insuranc� in forc�. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last half of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until all license fees have been paid and that he not be allowed to re-open unril liquor liability insurance is in force. No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrarive Law Judge concerning the Application for a Taxicab Driver's License by Willie B. Jones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (AL.n concerning this matter. Willie Jones applied for a taacicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legislative Code does not permit a person to have a license if they have a felony conviction within the last five years. Mr. Jones requested a hearing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent norice of the hearing but failed to appear. Therefore, Ttie Administrative Law Judge report made �-��9 September 27, 2000, City Council Summary Minutes Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the ailegarions and that there was no evidence of rehabilitation in the record and made a recommendarion that the Council deny the license. No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and adopi the report of the ALJ. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (application denied) Yeas - 5 Nays - 0 46. Public hearing to consider the report of the Administrative Law Judge conceming the Auto Body Repair Crarage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attorney, stated that the Office of License, Inspec6ons and Environmental Protection (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegarions of violarions on the condirions of his license. Mr. Hakala requested a hearing before an Administrative Law Judge (AL�, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there haue been violations of the condirions on the license. Adverse action was previously taken against the license on January 12, 2000, due to violation of the condirions of the license. At that fime, Council imposed a penalty of a 30-day closure with 15 of the days suspended, a fine of $500.00, and that the property be cleaned up within one week of adoprion of the resolution. The recommendation at this hearing was for a 30-day closure and an additional 15 days, wluch were previously suspended, and a$1,000 fine. The ALJ found that the violations had been proved, recommended adverse action but made no recommendarion for what the appropriate penalty would be. Ms. Palmer noted in reading the AL7 report that monitoring the conditions on the property is taking an enormous amount of staff rime in the Office of LIEP. She recommended that a 45-day closure would be appropriate since this is the second time this yeaz this matter has been before the Council. She recommended the Council adopt the findings and conclusions of the ALJ report, impose adverse action, and that the property not be allowed to re-open unril it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeazed in opposirion; Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0 �,-$�� September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lantry noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feel he will come into compliance. The business he operates does not fit the space that is available to him, she said. No one appeared in opposirion; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Admuustrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Public heazing to consider the report of the Administrative Law Judge concerning the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Palmer, Assistant City Attorney, outlined the condirions which were agreed to by the owner of High Tech Auto Services. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the AdministraYive Law Judge including addirional condirions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolution - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall license. Robert Kessler, Director of the Office of License, Inspections and Environmental Protection (LIEP) appeared and said LIEP staff recommends apgroval of the bingo center application as they find the location is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Aevelopment, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a vacant and under-utilized area of the shopping center and the physical locarion is separated from residenrial uses. LIEP also believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate wiUun the two mile radius of an existing hall does not make sense. Not only are there problems with the brokaring of that consent, it limits compe6tion and allows bingo ha11 owners the upper hand in leasing agreements. ��,.�q� September 27, 2000, City Council Summary Minutes Page 15 Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislation that allows for the waiver. Appeating in opposition to the waiver were the following individuals: Bob Maher, Attorney with Best & Flannigan, representing Oak Grove Properties and Jim Reilly, the owner of the commercial space at Lexington and University which includes a licensed bingo facility. Ae stated that Mr. Reilly has operated his bingo site for nine years with four chariries as his tenants. If the Council grants the waiver, Mr. Maher said it was their position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four charity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There aze no other charities showing a desire to take ffieir place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simply move an e�sting economic benefit to another location There is no justification for depriving the Lexington-University area of these benefits, Maher said. Don Ludeman, President of Snelling Hatnline Community Council, said Snelling Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with condirions which he outlined There are neighbors in Snelling Hamline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood The desire of the neighborhood is to work with the proposed tenants to minimize the negative unpacts and maacimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a clear guideline as to when a waiver should be approved. It does not tallc about special circumstances but taiks about promoting responsible ownership and accountability. RK Midway detarmined the Le�ngton locarion was not meeting the needs of the four charities involved or their customers' needs for a feeling of security and for shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and aze ready to move into the space at Midway Center. Ms. Maccabee talked about why this move wili provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chaznber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaYs good for any individual business but what is best for the whole Midway business community. T'hey feel it is an important investment and she said they are very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with �e-��f September 27, 2000, City Council Summary Minutes Page 16 the neighborhood to address any concerns. They feel the evidence is strong that the move will provide some very good benefit Ms. R'aters said t3�ey would be willing to work with Mr. Reilly at Leatington and University to find a good use for that property. Bazbaza Kale, CEO of Midway Training Services (MTS), one of the cbarities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MTS has been involved in charitable gambling for approicimately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attomey with Leonard Street & Deinazd, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city zoning map showing that it will be zoned B-2 and a bingo hail is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the surrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few years MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projecrions are coaect, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attomey, as he has an association with one of the chariries. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) 49. (See discussion on page 17) (Reiter left) 69. Public hearing to cansider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of property at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) ��,,�q 9 September 27, 2000, City Council Summary Minutes (Reiter returned) Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, zone on both sides of Goodrich Avenue between Cretin Avenue and Finn Street. No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanav left) 51. Resolurion - 00-894 - Ordering the owner to remove or repair the building at 108 Atwater Street within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Aearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mt. Strathman. No one appeazed in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to a11ow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav returned) Robert Kessler, D'uector of the Office of License, Inspections and Environmental Protection (LIEP), appeared and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the applicarion for a sound level variance and their board was not able to take action. Mr. Kessler responded that his records show the district council was sent a norice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he aclaiowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norificarion by faY could have served as notification in this case. oa�`� September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeared and tallced about the event. Councilmember amended the hours for the sound level variance on October 1 to 12 noon to 4:00 p.m. No one appeared in opposirion; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - 00-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeazed in opposition; Councilmember Lantry moved to close the public heazing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the property at 1246 Seventh Street East within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lanhy moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolurion - 00-897 - Ordering the owner to remove or repair the properry at 682 Western Avenue North within fifteen (15) days from adopfion of resolution. (Legislarive Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a $2,000 bond is posted hy noon on September 27, 2000) Gerry Strathman, Legislafive Hearing Officer, reported the required bonds were not posted and, therefore, he recommended approval of the original order. �� September 27, 2000, City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within 15 days) Yeas - 5 Nays - 0 55. Resolution - 00-898 - Ordering the owner to remove or repair the property at 1497 York Avenue within fifreen (15) days from adoprion of resolution. {I,egislative Hearing Officer recommends granting the owner 180 days to complete rehabilitarion of the property) Gerry Sh�athman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendarion of the Legislative Hearing Officer} Yeas - 5 Nays - 0 56. Resolurion - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoprion of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on this matter on September 19 and no one appeazed on behalf of the property. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul Johnson to a summary abatement order for property located at 79 Virginia Street. (Legislafive Hearing Officer recommends denying the appeal) Gerry Suathman,. Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. Tfie matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the arders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 D�� September 27, 2000, City Council Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied. No one appeared in opposi6on; Councilmember Reiter moved to close ttte public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Resolurion Ratifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherbume Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V1�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue Q0003AA1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00 762 T'homas Avenue (J0003AA�- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (70002V Vl - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (J0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislarive Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 ��$�9 September 27, 2000, Ciry Council Summary Minutes Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (70003 V, J0004�; properiy clean-up from late May through June, 2000 (70004A); demolition of vacant buildings during the months of 7une and July, 2000 (J0004C) (Legislarive Hearing Officer recommends approval with the following exceprions: 1045 Fremont Avenue Q0003 V� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 840 Montana Avenue West (J0004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V,� - lay over to the 5eptember 26, 2000, Legislative Hearing and ffie October 4, 200Q City Council Meeting; 769 Burr Street (J0004V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, tesrimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue Street (J0003V� - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Charles Avenue was referred to a Legislafive Hearing on October 10, 2000, and City Council Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeazed. He was cited for two cazs that were towed away, one in March and one in April. He stated that he purchased the property in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislative Hearing Officer, said this matter was heard at a Legislarive Hearing and at that fime he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the rime of the sale. He. told Mr. Reno that his recourse would either be to the seller for not informing him of the assessment or possibly the title instu�ance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed. She said she was appealing the assessment because damage was done to the garage, the house, and the yard by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and he recommended reducing the amount. � � September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see below]) Yeas - 5 Nays - 0 Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Chazles Avenue. Yeas - 5 Nays - 0 966 Charles Avenue - Gerry Strathman, Legislative Hearing Officer, stated the property owner did not appear at the Legislative Hearing and suggested it be referred to the Legislarive Hearing on October 10, 2000. The property owner was agreeable. Councilmember Reiter moved to refer 966 Chazles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 61. Resolution Rarifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, June andior July, 2000 (J0004G); boarding-up of vacant properties during the months of April and May, 2000 (J0004B); property clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private properiy during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approvat with the following exceptions: 815 Robert Street 5outh 1J0005A1- lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (JOOOSV) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting. (Coleman le8) Gerry Strathman, Legislative Heazing Officer, reported a Legislative Hearing was heazd on this matter and recommendations were made. No one appeazed in opposirion; Councilmember Lantry moved approval as amended Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) ��_$R�f September 27, 2000 c�ty co,��i s�,az �uc� Page 23 62. Resolution Rarifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements for the WesternlLawson RSVP Paving and Lighting Project. (File #18904) Councilmember Reiter moved to introduce a substitute resolurion which deleted two streets. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of 3ohn Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Councilmember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the property. (Vacarion File #9-2000) No one appeared in opposirion; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolution - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the railroad right-of-way for the expansion of a manufacturing and wazehouse facility. (Vacation File #10-2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolurion - 00-907 - Approving the perition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Clear Avenue, appeared in opposition to the vaca6on saying that the vacarion would deny him access to his garage because it is on the corner of the alley. ��.�qR September 27, 200Q City Council Summary Minutes Page 24 Peter White, Real Estate Division, displayed a map ofthe proposed vacarion. A petition was received to vacate a part of the ailey in the block bounded by Futness, Ruth, Cleaz, and Iry. A section of the alley is 27 ft. wide and the rest of the alley is 20 ft. wide which is the standard alley width. The petitioner wanted to vacate 15 feet of the alley and between negotiations with the petitioner and the Public Works Department, the request was limited to seven feet which leaves a 20 ft. wide alley through the block. After the petition was received, Real Estate contacted the urilities and City departments and there were no objections to the vacation. Mr. White said the recommendation is that the Council approve the vacation sub}ect to the terms and conditions in the resolution. Mr. White proceeded to explain the layout of the alley and the garage. Councilmember Benanav said he could understaud there may be a problem with Mr. Vandeberg accessing lus garage if the door is on the corner. He questioned if it wouldn't have been better to vacate part of the alley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolu6on. If that were to be the case, he suggested it be laid over in order to come back with a legal descriprion of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolution - 00-908 - Approving the perition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's Bureau of Criminal Apprehension Building. (Vacarion File #2-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolurion - 00-909 - Approving the petition of Ronald Thorson to vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a gazage on part of the vacated azea. (Vacation File #6-2000) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Roll Call: Present - 5 Absent - 2(Blakey, Harris - excused) ��.�,�9 September 27, 2000, Ciry Council Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residenrial Preservation Association (SARPA) to a decision of the Aeritage Preservation Commission (HPC} granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeared and stated a staff report or recommendarion was not available on this issue paztially due to the resignarion of former Aeritage Preservation staff person Aazon Rubenstein. Appearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anricipate the consequences that occur. SARPA believes that any home in the Hill District of the National Preservation District and the State Historic Preservarion District must have an environmental assessment workstteet (EAVI� as is specified in State and Federal rules. The State Environmental Quality Boazd submitted a ruling. He questioned if the ruling cleazly states that both the Environmental Quality Boazd and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolition, must have an EAW. It was not done, it was pointed out to the Historic Preservation Commission, and they chose to pass it on to the City Attorney and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor does it haue anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so ffiey have a precedent to use when other properties that aze in the Hill District or other districts may come before the Council. Mr. Toscano said the staff recommendation at the HPC was for further study which was disregarded. He said he testified before the HPC and there was no discussion of his complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted architect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said. Councilmember Lantry said it was her understuiding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not lmow but in this case the State Environmental Quality Boazd says it must be done. Appeared in opposifion to the appeal were the follawing: 3oseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and theu application � September 27, 2000, City Council Summary Minutes Page 26 was approved nnanimously. After discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicable City Code and plans aze fairly clear and they all say the HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and it's clear in the City Code the criteria the HPC should use. Ae noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeat. They raised issues about the Summit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individually on its merits. To claim that the HPC neglected the important issues is not true, he said. Joan Ostrin, properry owner of 828 Summit Avenue, voiced her sugport for permitting the Konstans to demolish the home and rebuild She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmental Quality Board (EQB). He asked Peter Warner, Assistant City Attorney, what the meaning is of historic districts as opposed to individual designations of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretation of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical disirict as shuctures that require an EAW. That information was transmitted to the City Attomey's Office and he said he did not ha�e a clear answer for the Council at this time. Mr. Warner said it would be useful for the City Attorney's Office to look at the rules and consult with EQB staff ar the Assistant Attorney general to detemrine if it is a long- standing interpretation because the implications of it ate fairly substanrial to the City both in past and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 ��`� September 27, 2000, Ciry Council Summary Minutes Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a reaz second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeazed He said there was not a staff report or recommendation on this matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appellant, appeazed. He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as well as neighboring homes with similar decks. He said he did not feel his plans for the deck would alter the architectural character of the house. Staff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be replaced He noted he has the support of all his close neighbors as well as additional people in the slurounding neighborhood. Councilmember Coleman expressed concern that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposirion; Councilmember Lantry moved to close the public heazing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the groperty and there is no way Mr. Thom can build the deck differenUy to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The structure is identified as non-conh�ibuting in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as"decks" which is that "decks should be consiructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the e�sting structure. Discussion ensued amongst the Councilmembers. Motion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found error in the HPC's decision. co�$�� September 27, 2000, City Council Suuimary Minutes Councilmember Reiter moved to adjourn the meeting. Yeas - 5 Nays - 0 AD70 AT 3S , ✓`--�" Daniel ostrom, Council President ATTEST: � a� I� � Nancy An erson ` —��' Assistant Council Secretary Minutes approved by Council � � . ;�a• Page 28 mce �i 0 ° o N � r N � � �� V a Q " r� �, o � M � M T � ' v��i L� � 3 � � W � w a a, � � w a. � � a. W � Lzl a a. �%. (��- � lJ � � `.,, — � �� o � ��9 � b � �" r � � � � ' � � ",� n ; � t ( z _ � � w .y � � � 1 �- �V ti b � cv O � t � � t � � a � ..� � � � .� � � S �. ° �- a � � O �� J � � n �; � -, � � `� � � � , � � � � � ��- � � � s. m" ` ti � � � � � a � � A � � . _ ,� ��" � � .� 3 � � � � � � � � � J �+ o � �� Q � v t� � V` y � 1 4 � c o0 � �� <�, S `2' � c Z � S - � 9 z � ic ' 6 V Cy. , � �- �� . �. � Z o � — t - o /� U � �� Q F O x � � �t�- ��9 MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER 25 CONSTITUTION AVENUE ST. PAiJL, MN 55155 (651) 297-1904 RECEfVEf� JAN � 6 2001 _ �iTY CLERY� �6\��.__�bY�SV��Yt-_��'f�%V1 CQ Appellate Court File No. �`— O O-1 `' � �.\ � � O � Sl�� t�l� ��..�,'�, ------------- --------------------------------- -- - File Location �� Received from the Appellate Courts of the State of Minnesota, the following original files and exhibits in the above entide matter: �� • Coun A enc istrict Court file(s) And e bits. NOT'E: When original and copy of transcript are forwazded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RETURN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPIJTY/ASSISTANT CITlZEN SERVICE OFFICE F2d Owusq City Clerk CITY OF SAINT PAUL Norm Coleman, M¢yor 0��89� Tel.: 651-266-8989 Fttt: 651-266�689 170 City Hall IS W. KelloggBou7evard SaintPaul,Mimresota 55102 December 18, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paut, MN 55155 HAND DELIVERED Re: Ford Consumer Finance Industrial Loan Company n/k/a Associates Home Equity Industrial Loan Company vs. City of Saint Paul: CX-00-1919 Dear Mr. Grittner: Enclosed herewith please find an index and originals of the Saint Paul City Councii's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys 4or Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �fi�L Frederick K. Owusu City Clerk cc: Meghan Riley, Assistant City Attorney {index only) Steven H. Bruns, Attorney at Law (index only) r�a �9� STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being first duly sworn, deposes and says that on December 18, 2000 he servedthe attached: Index to the Saint Paul City Council File No. 00-899 upon the following attorney(s), individual(s) or corporation(s) by placing a true and coaect copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Nlimiesota. Clayton Robinson Saint Paul City Attorney Meghan Riley Assistant Saint Paul City Attomey Atty. Reg. No. 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Steven H. Bruns Esther E. McGinnis Peterson, Fram & Bergxrtan, P.A. 50 East Fifth Street, Suite 300 Saint Paul, MN 55101-1197 Attorneys for p°*�*�^^°- Subscribed and sworn to before me this tg�' day of ,�eCe,m�e.� 20 D�_. Notary Public �..,, sh�ta€ a,. �aooR� ., �rnar�s,auc•�ua�sora ihY �LSMMISSIOM E3CPlF?r'.$ JAh'. ,�4, 26;Q5 COURT OF APPEALS NUMBER:CX-00-1919 �� : � 1. DATE INDEX OF COUNCIL FILE (C.F.) 00-899 oa-�� _ 9-27-00 Resolution 00-899 and Green Sheet Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. 2. 9-19-00 3. 8-25-00 Report of the 9-19-00 Legislative Hearing Notice of Public Hearing to City Council from Steve Magner, Vacant Buildings Supervisor. NUMBER OF PAGES 4 3 2 4. 9-19-00 Minutes ofthe 9-19-00 Legislative Hearing. 8 5. 9-27-00 Videotape of the 9-27-00 City Council meeting. 1 tape 6. 9-27-00 Summary minutes of the 9-27-00 City Council meeting. 29