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Approved Minutes 7-14-1999 S SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 14, 1999 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present- 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 21) Councilmember Benanav requested Item 6 be removed for discussion. Councilmember Benanav requested Item 7, 1615 St. Anthony Avenue, be laid over to August 11. FOR ACTION 1. Approval of minutes of June 2, 1999. Adopted Yeas - 7 Nays - 0 2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on Thursday, August 19, 1999, at 9:30 a.m., Room 41, City Hall-Courthouse, concerning the contractor's license held by Midwest Outdoor Advertising. 3. Letter from the Citizen Service Office/Property Code Enforcement declaring 1089 Marshall Avenue as "nuisance property." (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 4. Resolution - 99-647 - Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 1999 wage and fringe re-opener. (To be laid over one week for adoption) Laid over to June 21 5. Resolution - 99-648 - Approving the terms and conditions of an agreement with the Board of Water Commissioners covering direct and indirect central services to be performed by the City for Water Utility. Adopted Yeas - 7 Nays - 0 6. (Discussed after the consent agenda) July 14, 1999 City Council Summary Minutes Page 2 7. Resolution - 99-650 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 227 Montrose Place; 2026 and 2030 Brewster Street; 1166 Barclay Street; 643 and 647 Cleveland Avenue South; 1521 McAfee Street; Lot 7, Lewiston Heights - Fourth Addition (South Highwood); 1607 Hewitt Avenue; 416 Charles Avenue; 591 Payne Avenue; 616 Ivy Street East; 421 Holly Avenue; 1615 St. Anthony Avenue; 1252 Seventh Street East; and 559 McKnight Road South. Adopted as amended Yeas - 7 Nays - 0 (1615 St. Anthony Avenue laid over to August 11) 8. Resolution - 99-651 - Amending the 1999 Residential Street Paving project budget by transferring funding from the City-Wide Sidewalk Program, the Local, Street, Sewer and Alley Project, the Sewer Rehabilitation Program and adding financing from the Water Utility. Adopted Yeas - 7 Nays - 0 9. Resolution - 99-652 - Regarding extension of the deadline for MediaOne to provide AM equipment test documentation to the City. Adopted Yeas - 7 Nays - 0 10. Resolution - 99-653 - Releasing a sewer easement on, over, under, and across Lot 18, Block 58, Desnoyer Park. Adopted Yeas - 7 Nays - 0 11. Resolution - 99-654 - Amending the spending and financing plans of the Major Sewer Repairs-99 budget in the Department of Public Works by increasing Sewer Service Fund financing. Adopted Yeas - 7 Nays - 0 12. Resolution - 99-655 - Establishing a financing and spending plan in the Police Department for the Innovative Local Law Enforcement and Community Policing Program grant for the period June 1, 1999 through September 30, 1999. Adopted Yeas - 7 Nays - 0 13. Resolution - 99-656 - Establishing a 1999 financing and spending plan for the remaining balance in the 1998 Narcotics Control grant. Adopted Yeas - 7 Nays - 0 14. Resolution - 99-657 - Authorizing the Police Department to enter into an agreement with Independent School District #625 to participate in the St. Paul School Police Program. Adopted Yeas - 7 Nays - 0 15. Preliminary Order - 99-658 - In the matter of improving the alley in Block 3, Phalen Heights Park, by grading paving with bituminous material (bounded by Earl, Hyacinth, Frank, and Orange, and setting date of public hearing for July 28, 1999. (File 18902) Adopted Yeas - 7 Nays - 0 July 14, 1999 City Council Summary Minutes Page 3 16. Preliminary Order - 99-659 - In the matter of condemning and taking an easement in the land necessary for the slope, cuts and fills in connection with grading and paving the alley in Block 3, Phalen Heights Park (bounded by Earl, Hyacinth, Frank, and Orange), and setting date of public hearing for July 28, 1999. (File #18902-S) Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 99-660 - In the matter of the Seventh Place Mall Operation and Maintenance Costs for 1999, and setting date of public hearing for September 1, 1999. (File #18328-99) Adopted Yeas - 7 Nays - 0 18. Resolution Approving Assessment - 99-661 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mall Operation and Maintenance costs for 1998, and setting date of public hearing for September 1, 1999. (File #18428-1998) Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 99-662 - In the matter of the Operation and Maintenance Costs for the Arcade/Case and the Grand/Snelling Parking Lots for 2000, and setting date of public hearing for September 1, 1999. (File #18744 & 18746) Adopted Yeas - 7 Nays - 0 20. Resolution Approving Assessment - 99-663 - In the matter of the assessment of benefits, cost and expenses for the Arcade/Case and the Grand/Snelling Parking Lots Operation and Maintenance Costs for 2000, and setting date of public hearing for September 1, 1999. (File #18744 & 19746) Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 99-664 - In the matter of the assessment of benefits, cost and expenses for installation of bent straw street lighting for the Phalen Village Public Improvements (Small Area Plan), and setting date of public hearing for October 13, 1999. (File #18866) Adopted Yeas - 7 Nays - 0 6. Resolution - 99-649 - Directing Requesting the Department of Planning and Economic Development (PED) to prepare a zoning study on trucking uses in industrial zones and make a presentation to the City Council at their October 27, 1999, meeting. Councilmember Benanav stated he wished to change "Directing" to "Requesting" in the title of the resolution as well as on Line 10 and Line 13. He said he was informed by the Director of PED that Deputy Mayor Susan Kimberly indicated the Mayor would veto the resolution with this language because the City Council cannot "direct" PED to do things. Councilmember Benanav moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 July 14, 1999 City Council Summary Minutes Page 4 22. Resolution - 99-256 - Requesting that the Office of the City Attorney (CAO) prepare a Request for Proposal (RFP) that would seek proposals from private law firms to commence suit against gun manufacturers and dealers and after the proposals have been evaluated, the report and recommendations of the CAO shall be submitted to the Mayor and Council, if possible no later than June 1, 1999. (Laid over from April 14) (Communication from City Attorney's Office requested to present their report on August 11) Phil Byrne, Assistant City Attorney, stated an interim briefing has been given to the Council and the report should be ready by August 11. Councilmember Blakey moved to lay over the resolution to August 11. Laid over to August 11 Yeas - 7 Nays - 0 23. Consideration of the report of the Administrative Law Judge concerning the License Application of Abduihadi K. Abrahim, dba Mona's for a 3.2 Malt Off-Sale License at 920 Selby Avenue. (Public hearing held on June 23 and laid over) Councilmember Blakey stated he received letters from neighbors complaining about the continuation of the litter and loiter problems at this site. The agreement was that if there were loitering issues, Mona's would call the police. Blakey said he will deny the license or send it back to an ALJ. Council President Bostrom asked about conditions on the grocery license from the previous location. Virginia Palmer, Assistant City Attorney, appeared and responded that the conditions were on a different license holder. This is a new applicant, and there are no conditions currently on the license. The matter was laid over to this date to see if the license applicant would agree to the conditions on all of his licenses and the owner has signed that agreement. The recommendation of the ALJ is for the conditions to be placed on the 3.2 application which was the only license before the ALJ. The conditions are as follows: the licensed premises would be kept free of liquor, a reasonable effort would be made to call the police when excessive loitering is observed, and they would maintain and use the existing camera equipment on the premises. There are still problems with litter, stated Mr. Blakey, and he asked when the litter condition was signed. Mr. Palmer responded in December 1998. Staff from LIEP would be happy to talk to them about the problems that the neighbors perceive. However, Ms. Palmer said adverse action could not be taken for violation of the conditions of the license because the conditions have not been placed on the license. Councilmember Blakey stated he will support it but still expressed concern about the way things have been going there. Council President Bostrom asked Ms. Palmer to return to the Council in two weeks with the conditions to be placed on the license. Councilmember Blakey moved to lay over two weeks. Laid over to July 28 Yeas - 7 Nays - 0 July 14, 1999 City Council Summary Minutes Page 5 Items 24 and 25 were discussed in tandem. 24. Resolution - 99-622 - Approving State Legislation which authorized the City of Saint Paul to issue an on-sale intoxicating liquorlicense to the Fitzgerald Theatre. (Laid over from July 7) (See discussion under Item 25) Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 1 (Reiter) 25. Resolution - 99-623 - Approving State Legislation which authorized the City of Saint Paul to issue an on-sale intoxicating liquor license to Macalester College and the Twin Cities Marathon. (Laid over from July 7) Patrick Fleury, Saint Paul Hospitality Association, appeared and stated he spoke against these licenses at the State Capitol. Twenty-four of the licenses were handed out quite easily and the concern is that liquor could be handed out to anybody. Dan O'Gara, O'Gara's Bar, Snelling Avenue, appeared and expressed concern about having liquor on a college campus or an all-age event when there is general concern about underage drinking. Councilmember Coleman moved approval of Items 24 and 25. He noted that Mr. Fleury and Mr. O'Gara raised some valid points. Mr. O'Gara has made improvement to curb underage drinking at his establishment and it is not an easy process and is an extra burden. Liquor establishments do not feel they are being treated equally across the board. Further, the dram shop liability for these organizations should be addressed, Coleman said, and could be discussed when looking at the legislative package next year. These changes need to be made at the State level because the Council cannot do it piecemeal. Councilmember Reiter asked if these organizations have to carry dram. Council President Bostrom responded that they do. Adopted Yeas - 6 Nays - 1 (Reiter) 26. Resolution - 99-665 - Requesting revenue estimates, budget options and mayoral policy recommendations relating to excess pension fund assets for Saint Paul's Police and Fire PERA Consolidated Pension accounts. Councilmember Blakey moved to introduce a substitute resolution and approval. Substitute introduced and adopted Yeas - 7 Nays - 0 July 14, 1999 City Council Summary Minutes Page 6 ORDINANCES 27. Final Adoption - 99-526 - An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul Legislative Code; citing Chapter 310 for fees of licenses; waiving fees for government agencies. Councilmember Lantry moved approval. Adopted Yeas - 7 Nays - 0 28. Final Adoption - 99-567 - An ordinance amending Section 357.08 of the Saint Paul Legislative Code relating to residential composting. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 29. Second Reading - 99-612 - An ordinance amending Ordinance 97-1568 (establishing a moratorium prohibiting new advertising signs and modification of existing advertising signs pending city zoning study) by approving the continuation of the interim regulations established therein and approved in Resolution 98-733 (creating special district sign plans) as authorized under Minn. Stat. Section 462.355, Subd. 4 for a maximum additional time of eighteen (18) months. Laid over to July 28 for third reading/public hearing Suspension Items Councilmember Harris moved for suspension of the rules and approval of the following resolution. He noted that there has been a transfer of ownership and they would like to open on July 19. Resolution - 99-679 - Approving the application for 3.2 Malt Off-Sale, 3.2 Malt On-Sale and Restaurant-B Licenses by Chuck Mitch and Tom Funk, dba Mickey's Nook, 492 Hamlin Avenue South. Adopted Yeas - 7 Nays- 0 Councilmember Coleman moved for suspension of the rules and approval of the following resolution at the request of Council President Bostrom: Resolution - 99-680 - Authorizing transfer of the 1999 Fire Emergency Communications Center budget to the Police Emergency Communications Center budget as of July 31, 1999. Adopted Yeas - 7 Nays- 0 The meeting was recessed from 4:00 to 5:30 p.m. Present - 7 Absent - 0 July 14, 1999 City Council Summary Minutes Page 7 PUBLIC HEARINGS 30. Third Reading - 99-609 - An ordinance to require express Council approval of all City managed competition contracts. (Substitute introduced on July 7) Susan Kimberly, Deputy Mayor, appeared and stated the Mayor announced a Compete Saint Paul program in February and the program will begin in mid July. She said Compete Saint Paul will save taxpayers money and provide more effective City services. She said it appears the Council wishes to defend the status quo and resist less costly ways of doing business, which is the Council's right. However, residents may not appreciate that stance. The Mayor has invited union input on how to deliver better services at lower cost but she said Union response has devolved into one delaying tact after another. The Mayor does not see Compete Saint Paul as a labor negotiation nor needing prior Council approval but rather as a taxpayer's rights issue. Dick Anfang, Saint Paul Building and Construction Trades Council, appeared and stated Compete Saint Paul could impact the building trades in a positive or negative way. There has not been much dialogue on the process by either side. Due to the position taken by the Mayor, taking away the ability of union officials to represent the needs of their workers, this will not work until the representatives of the workforce are involved. Shar Knutson, Saint Paul Works! Alliance, appeared and stated it is appropriate that the Council have a voice in Compete Saint Paul. This ordinance is good policy and good government. If the Mayor and the unions could work together, it could be a successful process. Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Coleman disseminated information to the Council that he will be proposing at the meeting on July 21. Laid over to July 28 for fmal adoption. 31. Resolution- 99-419 - Concerning adverse action against the application of Gerald Grossman for an Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at 545 University Avenue. (Uncontested) (Laid over from May 26) Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections, Environmental Protection(LIEP), stated the Planning Commission laid over this matter to July 21; therefore, Ms. Palmer requested that the Council lay it over also. Councilmember Blakey moved to lay over to August 11. Laid over to August 11 Yeas- 7 Nays- 0 (Reiter left) July 14, 1999 City Council Summary Minutes Page 8 32. Resolution- 99-588 - Denying the license application submitted by Fred Cortes, dba Fred's Auto Repair, 943 Maryland Avenue East, for violations of license conditions agreed to on March 23, 1999. (Uncontested) (Laid over from June 23) This matter was laid over to allow the Office of LIEP to work with the applicant and the Minority Business Association, reported Assistant City Attorney Virginia Palmer. It appears they were able to meet and discuss the issue and she recommended the resolution be withdrawn. Councilmember Harris moved to withdraw. Withdrawn Yeas - 6 Nays - 0 33. Resolution- 99-666 - Concerning adverse action against the license application of David A. Heu, dba ABC Motorsports, 933 Atlantic Street. (Uncontested) Virginia Palmer, Assistant City Attorney, representing the Office of LIEP, reported the owner had not obtained Fire Department approval. She is attempting to resolve this matter by imposition of a condition, but she has not been able to get a final word from the Fire Department as to whether this condition is acceptable and she suggested the Council lay over this matter. Councilmember Benanav moved to lay over the resolution to August 11. Laid over to August 11 Yeas - 6 Nays- 0 34. Resolution- 99-667 - Recommending stay of the recent suspension of licenses held by Arthur Heutmaker, dba Conoco&Automotive, 1208 Arcade Street. A payment plan has been set up, reported Virginia Palmer, Assistant City Attorney, and she recommended a stay of the recent suspension. The conditions set forth in the resolution, will allow for automatic revocation if Mr. Heutmaker does not make his payments. Councilmember Harris moved to close the public hearing and approval as amended. Adopted as amended Yeas- 6 Nays- 0 35. Resolution- 99-668 - Concerning adverse action against the Off Sale Malt license held by Robert Mehta, dba Lou's Market, 1199 White Bear Avenue. (Uncontested) Virginia Palmer, Assistant City Attorney, requested the Council revoke this license because of failure of the establishment to provide information to the Office of LIEP. Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Reiter returned) July 14, 1999 City Council Summary Minutes Page 9 36. Resolution - 99-669 - Concerning adverse action against liquor licenses held by Twin Star VFW Post 8854, 820 Concordia Avenue. (Uncontested) This violation involved selling liquor to an underage, non-member of the VFW during a compliance check reported Virginia Palmer, Assistant City Attorney. The recommendation was a$500 fine due to previous violations. William Massie, VFW club manager, appeared and stated his record is impeccable. There have been no violations since he has been a member of 32 years. He is not contesting this. They have completed the alcohol awareness test. James Kirk, 1005 St. Anthony, appeared and stated they have been with this business for approximately 25 years. The organization is made up of people who have done a lot of community work. They realize they made a mistake but they are not a bad organization, he said. Councilmember Blakey moved to close the public hearing. Yeas- 7 Nays - 0 Councilmember Blakey moved approval and stated the VFW has done a lot of good things in the neighborhood, but selling to minors is a serious issue. Adopted Yeas - 7 Nays - 0 37. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by James Bailey, Inc., dba Arlington Pub a/k/a Bailey's Bar, 721 Payne Avenue. Nancy Anderson, Assistant Secretary to the City Council, stated there was a request that this item be laid over two weeks. Councilmember Harris moved to lay over to July 28. Laid over to July 28 Yeas - 7 Nays - 0 38. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning all licenses held by Blues Saloon, Inc., 601 Western Avenue North. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an All who found that the City had not sustained its burden of proving after hours display of alcohol. Ms. Palmer requested the Council accept the recommendation of the All with no adverse action taken against the license Councilmember Blakey moved to close the public hearing and accept the findings of the ALJ. Adopted Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge Yeas - 7 Nays - 0 July 14, 1999 City Council Summary Minutes Page 10 39. Resolution- 99-670- To consider the application for a sound level variance by Guadalupe Gonzales, Radio Rey WMIN 740 AM, to allow live music during their 20th Anniversary Event on July 31, 1999, from 12:00 noon to 12:00 midnight. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 40. Appeal of Donald Drouin Jr. to a Summary Abatement Order for property at 1183 Arkwright Street. (Laid over from June 9) (Legislative Hearing Officer recommends denying the appeal and amending the compliance date on the vehicles to September 1, 1999.) Gerry Strathman, Legislative Hearing Officer, reported there were a number of vehicles parked in the backyard. It is clearly a violation; however,there were mitigating circumstances and it seemed reasonable to allow more time to dispose of the vehicles. Councilmember Reiter moved to close the public hearing, deny the appeal, and amend the compliance date on the vehicles to September 1, 1999. Appeal denied and amended the compliance date on the vehicles to September 1, 1999. Yeas - 7 Nays- 0 41. Resolution- 99-671 - Ordering the owner to remove or repair the building at 290 Bates Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends that the mortgagee be given six months to complete the rehabilitation provided the vacant building fee is paid, a code compliance inspection is completed, and a$2,000 bond is posted by noon on July 14, 1999). Gerry Strathman, Legislative Hearing Officer, reported the bonds and fees have been paid and he recommends the owner be allowed six months to complete the rehabilitation. Councilmember Lantry moved to close the public hearing and approval of the Legislative Hearing Officer's recommendation. Adopted as amended(per recommendation of the Legislative Hearing Officer) Yeas- 7 Nays- 0 42. Resolution- 99-672 - Ordering the owner to remove or repair the build at 270-272 West Seventh Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported testimony was presented by the owner at the Legislative Hearing indicating he supports the City proceeding to demolish this property. There was a commercial neighbor that supported the City's initiative to remove the building, and there was testimony in opposition from the City's staff member from the Historic Preservation Commission (HPC). There was also testimony from people opposed to the City demolishing the building. An July 14, 1999 City Council Summary Minutes Page 11 architect indicated immediate action was needed on this building, and recommended removal of the back portion. The architect felt that the front of the building could be saved if there was immediate intervention. The estimated cost to rehabilitate the building would be $1 million. (Mr. Strathman showed photographs of the building.) The following individuals appeared and spoke in opposition to the resolution: Dudley Younkin, 406 Maple Street, HPC member; Keith McCormick, 30 Irvine Park, Irvine Park Association member; Kurt Schwichenberg, 314 Ryan Avenue; Jim Steven, 288 Exchange Street South; and Richard Miller, 26 Tenth Street West#802. The following appeared and spoke in support of the resolution: Janie Berg, 711 Woodridge Drive, representing one of the owners; Joyce Kanevsky, 291 Seventh Street West#1502, turned in a photograph; and John DiSanto, 262 Fort Road. Councilmember Coleman moved to close the public hearing Yeas - 7 Nays - 0 Mr. Coleman moved approval stating that this building has been in poor condition for ten years and the Council needs to move forward. Councilmember Blakey said he will vote no because of previous talks on historic preservation. Adopted Yeas - 6 Nays - 1 (Blakey) Dick Warwick, 306 Exchange Street South, appeared and asked Councilmember Coleman if he would reconsider this vote. He requested two bids be sought: 1) have the rear be demolished, 2) have the entire building demolished. This would give them another 20 days to convince someone to move forward. There was no motion made to reconsider the resolution. (Coleman was excused from the meeting at this time) 43. Resolution Ratifying Assessment- 99-673 - In the matter of summary abatements(property cleanup) during the month of April 1999, and boarding up vacant buildings during March 1999. (File #J9903A, J9903B) (Legislative Hearing Officer recommends approval of the assessments with the following exceptions: 941 Edmund Avenue (File#J9903B) and 915 Charles Avenue(File #J9903A) laid over to the July 20 Legislative Hearing and the July 28 City Council Hearing) Win Borden, attorney for Mr. Len Anderson, appeared and requested the Council postpone action on Mr. Anderson's property for 30 days. He said there has been a long history with this property. The July 14, 1999 City Council Summary Minutes Page 12 notice indicated there was a deteriorating foundation and rotting windows. Mr. Borden brought in an architect who saw no basis for the allegations. Mr. Borden did acknowledge that the house needs improvement. He worked with Chuck Votel of Property Code Enforcement and they have an agreement that improvements will be made over the next 90 days. After this, Mr. Borden said he learned of the assessment. He distributed a list of items that were taken and not returned by the Police Department in the amount of approximately $30,000. Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Councilmember Lantry moved to accept the Legislative Hearing Officer's recommendation saying that this matter is not as simple as Mr. Borden has made it out to be. The City did the work and Mr. Anderson was told it was going to cost a lot of money if he did not clean up his property. She further noted that he did not attend the Legislative Hearing. Adopted as amended(per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 44. Resolution Ratifying Assessment- 99-674 - In the matter of installation of a Fire Protection System at 656 Selby Avenue. (File#FP9801) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays- 0 45. Final Order- 99-675 - In the matter of sidewalk reconstruction on both sides of W. Central Avenue from N. Chatsworth Street to N. Victoria Street; both sides of Charles Avenue from Arundel Street to Mackubin Street; both sides of Edmund Avenue from N. Oxford Street to N. Chatsworth Street; both sides of Fuller Avenue from N. Chatsworth Street to N. Victoria Street; both sides of Fuller Avenue from N. Victoria Street to N. Grotto Street; and the west side of N. Victoria Street from W. Central Avenue to Aurora Avenue. (File#S99087-S99092) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas- 6 Nays - 0 46. Final Order- 99-676 - In the matter of sidewalk reconstruction on both sides of S. Milton Street from Randolph Avenue to James Avenue; both sides of E. Idaho Avenue from Wheelock Ridge Road to Edgerton Street; and both sides of Walsh Street from E. Hawthorne Avenue to E. Orange Avenue. (File#S99093-599095) Note: Item 46 was reconsidered at the end of the meeting. July 14, 1999 City Council Summary Minutes Page 13 47. Final Order- 99-677 - In the matter of improving the alley in Block 1, Phalen Heights Addition (bounded by Frank, Ivy, Orange, and Hyacinth)by grading and paving with a bituminous material. (File #18899) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Harris left) 48. Final Order- 99-678 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject land in grading and paving the alley in Block 1, Phalen Heights Addition(bounded by Frank, Ivy, Orange, and Hyacinth). (File #18899-S) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 49. Public hearing to consider rezoning property at 1770 Old Hudson Road, on the southwest corner of Old Hudson Road and White Bear Avenue, from B-2 Community Business District to B-3 General Business District for the purpose of establishing a car wash. Nancy Frick, Department of Planning and Economic Development(PED), appeared to explain the reasoning behind the change in zoning. The Zoning Committee and Planning Commission recommend approval. Councilmember Lantry moved to close the public hearing, adopt the Planning Commission's resolution, and grant the application. Motion of Intent- Application Granted Yeas- 5 Nays - 0 (Harris returned) Reconsidered Item Councilmember Lantry moved to reconsider Item 46 Yeas- 5 Nays- 0 46. Final Order- 99-676 - In the matter of sidewalk reconstruction on both sides of S. Milton Street from Randolph Avenue to James Avenue; both sides of E. Idaho Avenue from Wheelock Ridge Road to Edgerton Street; and both sides of Walsh Street from E. Hawthorne Avenue to E. Orange Avenue. (File#S99093-S99095) Harold Nelson (no address indicated) stated three sidewalk squares have a crack in them and the rest look fine. July 14, 1999 City Council Summary Minutes Page 14 Peter White, Real Estate Division, appeared and stated the sidewalk staff person was not available. Councilmember Lantry moved to layover File S99094 two weeks and approve the balance. Adopted as amended Yeas - 6 Nays - 0 (S99094 - Both sides of E. Idaho Ave. from Wheelock Ridge Rd. to Edgerton St. - Laid over to July 28) Councilmember Blakey moved to adjourn the meeting. Yeas - 6 Nays - 0 ADJOURNED AT 6:50 P.M. Daniel ostrom, Council President ATTEST: Minutes approved by Council Nancy An %on _ \ 1Ackck Assistant Council Secretary Cl rn/mce ,.___.4/--- 3) 1 2 \ . 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