Loading...
Approved Minutes 7-28-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 28, 1999 - 3:30 - 5:00 P.M. PUBLIC HEARINGS 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter Absent - 1 - Harris (excused) CONSENT AGENDA (Items 1 - 33) Councilmember Lantry moved to lay over Item 9, 847 Hudson Road for one week. Councilmember Blakey moved to lay over Item 9, 417 Sherburne Avenue for one week. Councilmember Benanav moved to lay over Item 11 for two weeks at the request of Council President Bostrom. Councilmember Blakey requested Item 18 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas- 6 Nays - 0 FOR ACTION 1. Approval of minutes of June 16, 1999. Adopted Yeas - 6 Nays - 0 2. Claims of Charles R. Anderson, John D. Einfeldt, DelRay Neuman, Robert O'Brien, Jr., Donald Robinette, and Glyn Triviski. Referred to the Employee/Risk Management Office 3. Letter from the Office of License, Inspections, and Environmental Protection announcing a public hearing before the City Council on August 4, 1999, to consider the application for a Sound Level Variance by Big Daddy's Old Kentucky Barbecue, 214 East Fourth Street, on August 6, 1999, from 2:00 p.m. to 12:00 midnight. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 4, 1999, to consider the application of Bolton & Menk Inc. for a subdivision to create seven residential lots by combined plat in the area bounded by E. Congress, Onega, George, Robert, and Concord Streets . July 28, 1999 City Council Summary Minutes Page 2 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 11, 1999, to consider the appeals of Mary Ann Reilly and the Hamline Midway Coalition to a decision of the Planning Commission to modify Hamline University's special condition use permit to allow construction of an apartment style dormitory on Englewood Avenue between Pascal and Simpson Streets. 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 11, 1999, to consider the report of the Administrative Law Judge (ALJ) concerning the license application of Vernon W. Crow, dba Selby Wine and Spirits, 778 Selby Avenue. 7. Administrative Order: D001725 Revising the 1999 General Fund budget for the Libraries to move monies to cover rent at the Skyway Library. Noted as on file in the City Clerk's Office 8. Resolution - 99-698 - Approving the appointment of Joel Spoonheim, and the reappointments of Lisa Falk, Ed Olsen, Daniel Krivit, Kurt Schroeder, and Richard Newmark, by Mayor Coleman, to the Saint Paul Bicycle Advisory Board. Adopted Yeas - 6 Nays - 0 9. Resolution - 99-699 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at: 1307, 1309, 1311, 1313, 1314, 1315, 1316, 1318, 1333, 1335, 1337, 1338, 1339, 1340, 1341, 1342, 1357, 1359, 1361, 1363, 1365, 1377, 1379, 1381, 1383, 1385, Maynard Drive West; 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1312, 1314, 1316, 1318, 1320, 1325, 1327, 1329, 1349, 1351, 1352, 1353, 1354, 1356, 1358, 1360, 1378, 1380 Maynard Drive East, 1642 Charles Avenue, 1541 Minnehaha Avenue West, 756 Curfew Street, 1756 Grand Avenue, 1667 Ames Avenue, 2252 Falcon Avenue, 1722 University Avenue West, 689 Orleans Street, 299 Arlington Avenue East, 333 Arlington Avenue East, 924 Forest Street #1, 847 Hudson Road, 853 Randolph Avenue, 1881 Mechanic Avenue, 2046 Wilson Avenue #7, and 417 Sherburne Avenue. Adopted as amended Yeas - 6 Nays - 0 (847 Hudson Road and 417 Sherburne Avenue laid over to August 4 as noted on page 1) 10. Resolution - 99-700 - Approving application for a Second Hand Dealer-Motor Vehicle License by Nile, Inc., dba Adam Motors, 1010 University Avenue West., Suite 208. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 6 Nays - 0 11. Resolution - 99-701 - Approving application for a Second Hand Dealer-Motor Vehicle License by Clinton Marshall, dba Marshall Motors, Inc., 1265 Arcade Street. (Legislative Hearing Officer recommends approval with conditions) Laid over to August 11 Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 3 12. Resolution - 99-702 - Authorizing the purchase of Internet/Web technical services by various Ramsey County departments. Adopted Yeas - 6 Nays - 0 13. Resolution - 99-703 - Accepting a grant from the State of Minnesota to move and rehabilitate the Dahl House. Adopted Yeas - 6 Nays - 0 14. Resolution - 99-704 - Adding $100,000.00 to the 1998 "Cafesjian Carousel Relocation to Como Park" project. Adopted Yeas - 6 Nays - 0 15. Resolution - 99-705 - Establishing a 1999 financing and spending plan in the Police Department for interest earned on the Local Law Enforcement Block Grant II. Adopted Yeas - 6 Nays - 0 16. Resolution - 99-706 - Authorizing the Saint Paul Police Department to enter into a lease agreement with the Board of Water Commissioners of the City of Saint Paul. Adopted Yeas - 6 Nays - 0 17. Resolution - 99-707 - Authorizing the Saint Paul Police Department to enter into an agreement with the University of Minnesota School of Public Health, Division of Epidemiology. Adopted Yeas - 6 Nays - 0 18. (Discussed after the consent agenda) 19. Resolution - 99-709 - Authorization to refund Sewer Availability Charges in the amount of $2,100.00 to Gerald Monette. Adopted Yeas - 6 Nays - 0 20. Resolution - 99-710 - Authorizing the purchase of one parcel of vacant land from Renee and Maynard LeFebvre for the Highwood Bluff Acquisition Project. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 99-711 - In the matter of sidewalk construction and paving work, as requested by the property owner, in connection with the Hampden/University Area Street Improvement Project, and setting date of public hearing for September 22, 1999. (File #18724-SW) Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 99-712 - In the matter of improving Brompton Street from, Doswell Avenue to Chilcombe Avenue, in connection with the Como/Arona Area Street Improvement Project, and setting date of public hearing for September 22, 1999. (File #18768-B) Adopted Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 4 23. Preliminary Order - 99-713 - In the matter of improving Hewitt Avenue between Snelling and Pascal with an above standard, twin lantern lighting system, improving Hewitt Avenue from Pascal to Holton with a standard single lantern lighting system, improving Englewood Avenue from Snelling to Pascal by increasing the wattage of the final ordered standard single lantern lighting system, and improving Aldine Street from Englewood to Hubbard with a single lantern lighting system, and setting date of public hearing for August 11, 1999. (File #18886A) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 99-714 - In the matter of operating costs for September 1, 1999, to December 31, 1999, for the above standard lighting in the Hamline University Area (Hewitt Avenue from Snelling to Pascal and Englewood Avenue from Snelling to Pascal), and setting date of public hearing for August 11, 1999. (File #18886OP) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 99-715 - In the matter of improving Sibley Street from Warner Road to 5th Street with concrete curb, new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree planting, an irrigation system, sewer service connections, and reconnections and reconstruction of globe lighting system, and setting date of public hearing for September 8, 1999. (File #18905) Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 99-716 - In the matter of construction of water connections, at the property owner's request, in conjunction with the improvement of Sibley Street from Warner Road to 5th Street, and setting date of public hearing for September 8, 1999. (File #18905W) Adopted Yeas - 6 Nays - 0 27. Preliminary Order - 99-717 - In the matter of improving Kellogg Boulevard from Cedar Avenue to Seventh Street with concrete curb, new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree planting, an irrigation system, sewer service connections, and reconnections and reconstruction of globe lighting system, and setting date of public hearing for September 8, 1999. (File #18906) Adopted Yeas - 6 Nays - 0 28. Preliminary Order - 99-718 - In the matter of construction of water connections, at the property owner's request, in conjunction with the improvement of Kellogg Boulevard from Cedar Avenue to 7th Street, and setting date of public hearing for September 8, 1999. (File #18906W) Adopted Yeas - 6 Nays - 0 29. Resolution Approving Assessment - 99-719 - In the matter of 1999 replacement of lead water service connections, as requested by the property owners, and setting date of public hearing for September 22, 1999. (File #99LDSCRPL) Adopted Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 5 30. Resolution Approving Assessment - 99-720 - In the matter of the Margaret/Arcade Area Paving and Lighting Project, and setting date of public hearing for September 22, 1999. (File #18855A) Adopted Yeas - 6 Nays - 0 31. Resolution Approving Assessment - 99-721 - In the matter of installation of new bituminous surfaced streets with concrete curb and gutter, concrete driveway aprons and outwalks, boulevard landscaped with sod and trees, a new lantern style lighting system, lead water service replacements, and sanitary sewer repairs, in the Grotto/Hoyt Area Street Paving and Lighting Project, and setting date of public hearing for September 22, 1999. (File #18884) Adopted Yeas - 6 Nays - 0 32. Resolution Approving Assessment - 99-722 - In the matter of the Chatsworth/Hoyt Area Paving and Lighting Project, and setting date of public hearing for September 22, 1999. (File #18885) Adopted Yeas - 6 Nays - 0 33. Resolution Approving Assessment - 99-723 - In the matter of summary abatements (property clean-up and/or grass cutting) during June 1999 (J9905A); demolition of vacant buildings during June 1999 (J9905C); towing abandoned vehicles from private property during March 1999 (J9903V); boarding up vacant buildings during May 1999 (J9905B); and sanitary sewer service repairs (SSA9901), and setting date of public hearing for September 22, 1999. Adopted Yeas - 6 Nays - 0 18. Resolution - 99-708 - Directing the Department of Planning and Economic Development to work with the Housing and Redevelopment Authority to proceed to issue revenue bonds, modify the Seventh Place Redevelopment Project, and prepare a Housing Tax Increment Financing Plan for the Lowry Professional Building project. Councilmember Coleman stated it was his understanding, based on a letter received from the attorney representing the corporation that now owns the Lowry Building, that they wish to withdraw the request for the City to issue bonds on the Lowry Building. Councilmember Coleman moved to withdraw the resolution. Withdrawn Yeas - 6 Nays - 0 MISCELLANEOUS 55 Recognition of Bonnie Jellinek, Retiring City Employee. Ms. Jellinek was recognized by the City Council for 37 years of service to the City. July 28, 1999 City Council Summary Minutes Page 6 At this time, Councilmember Coleman introduced Peter, a member of Boy Scout Troop 25 from Gustavus Adolphus Church, who is working on his Merit Badge and was attending the City Council meeting as part of his Citizenship in the Community requirement. Peter is a resident of the Irvine Park neighborhood and student at Minnehaha Acadamy. FOR DISCUSSION 34. Consideration of the report of the Administrative Law Judge concerning the License Application of Abdulhadi K. Abrahim, dba Mona's for a 3.2 Malt Off-Sale License at 920 Selby Avenue. (Laid over from July 14; Public hearing held on June 23) Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and Environmental Protection, appeared and stated that the licensee has withdrawn his request for the 3.2 malt license. Councilmember Blakey said that there was an issue of conditions that the City was attempting to place on the license and he asked Ms. Palmer about the status of the conditions. Ms. Palmer responded that this matter was laid over with a request for her to come back to the Council with signed conditions for all of the licenses. She stated that Mr. Abrahim had signed them in December, 1998, but the request was to have them re-signed. The conditions are on the other licenses but the only matter before the Council at this time was the Administrative Law Judge report on the 3.2 Malt License. She confirmed that the conditions are on the current license. Councilmember Blakey moved to withdraw the application. Withdrawn Yeas - 6 Nays - 0 (Items 35 and 36 were moved to public hearings following Item 48) 37. Resolution - 99-697 - Approving the report of the City Clerk dated July 20, 1999, relating to the petition to be insufficient for an initiative ordinance concerning billboards. (Laid over from July 21) Fred Owusso, City Clerk, Reyne Rofuth, Assistant City Attorney, and Chris Samuel, Ramsey County Manager of Property Records and Revenue, appeared to address this issue. Councilmember Benanav noted that 15 pages of the petition were not properly signed by a notary public and the certification is incomplete by the circulator. Chris Samuel responded that the issues involve mainly minor clerical issues dealing with the certification of the notary on the petition pages themselves. Nine of the 15 pages were not signed by the notary, two of the petitions had no name in the circulator's oath, one was not signed by the notary and there was no name in the circulator's oath, two had the notary signature in the circulator's oath section, and one could not be verified that the circulator was a St. Paul resident. Determinations in rejecting the pages were made in consultation with the City Attorney's Office. They are issues that should be easily corrected on the part of the petition sponsors, Samuel said. He also noted that if all of the July 28, 1999 City Council Summary Minutes Page 7 petitions and the signatures were valid, there still would not be sufficient signatures for the petition. Reyne Rofuth, Assistant City Attorney, stated that under the Administrative Code, there is a requirement that there be a circulator that plans the process and if that is not done, it fails. There is also a requirement under the statute as to what provides appropriate notary and the things that were lacking do not qualify as an appropriate notary. Council President asked Ms. Rofuth if the errors could be remedied so all new signatures would not be necessary. Ms. Rofuth responded that they all could be remedied because it did not take place with the people signing the petition, rather it was the verifying people. The petitions could be re-notarized properly and the circulators would sign their name in the appropriate location. Councilmember Benanav aked if the Council has authority to accept the petitions or if the only alternative is to make the corrections. Ms. Rofuth responded that the Council could accept them or they can be sent back and they have 30 days to make the corrections. She reiterated that there are still not enough numbers to meet the petition. She also said the Council would be setting a precedent for future petitions if this standard is accepted now. Councilmember Blakey asked what the deadline was to get the petition on the ballot. Mr. Samuel responded that it was his understanding that the petitioners have an additional 30 days and after that time, the City Council would have to rule on the sufficiency or insufficiency of the petition. There would still be ample time to get it on the ballot. Chuck Repke, circulator, requested that the Council instruct Ramsey County to review the 15 pages where there were minor clerical errors. The people who signed the petition are all believed to be St. Paul citizens and Repke said they do not want to dis-infranchise them because of a potential error. One of the errors mentioned is that someone did not print their name in the small box before they signed it even though they signed with a legible signature. Mr. Repke said he felt it was clear that people knew they were signing the oath and to throw those out does not make sense. He said according to the count by Ramsey County, 935 more signatures are needed. There are 270 that will be thrown out due to minor technical changes. Councilmember Lantry said she does not see a problem with the circulators having that the problem corrected. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 8 ORDINANCES 38. Final Adoption - 99-609 - An ordinance to require express Council approval of all City managed competition contracts. Councilmember Benanav moved approval. Adopted Yeas - 6 Nays - 0 39. Second Reading- 99-694 - An ordinance establishing a"Managed Competition" chapter of the Saint Paul Administrative Code to provide a framework by which the City of Saint Paul can enter into contracts with vendors, including existing City employees and outside entities, to provide City services currently performed by City employees. Councilmember Benanav moved to lay over to August 25 Laid over to August 25 for third reading/public hearing Yeas- 6 Nays - 0 40. First Reading - 99-726 - An ordinance finalizing City Council action granting the application to rezone property at 1770 Old Hudson Road from B-2 Community Business District to B-3 General Business District for the purpose of establishing a car wash. (Public hearing held July 14, 1999) Laid over to August 4 for second reading 41. First Reading - 99-727 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code by establishing a one-year change in the fare structure to allow taxicab companies to set their own fares within a maximum ceiling, and to impose a one-time surcharge on vehicle license fees to partially pay for the cost of a comprehensive survey on taxicab service in Saint Paul. Laid over to August 4 for second reading 42. First Reading - 99-728 - An ordinance amending Section 376.05 of the Saint Paul Legislative Code bringing the taxicab license cap to 150. Laid over to August 4 for second reading 43. First Reading - 99-729 - An ordinance to allow certain holders of 3.2 percent malt liquor licenses to waive the dramshop insurance coverage requirements in accordance with state law. Laid over to August 4 for second reading 44. First Reading - 99-730 - An ordinance to allow certain holders of wine licenses to waive the dramshop insurance coverage requirements in accordance with state law. Laid over to August 4 for second reading July 28, 1999 City Council Summary Minutes Page 9 Councilmember Coleman moved to reconsider the following resolution: Resolution - 99-685 - Approving the Fifth Amendment to the New Housing and Blighted Lands Development Project and Tax Increment Financing Plan. (Adopted by the Council on July 21) Reconsidered and laid over to August 11 for a public hearing Yeas - 6 Nays - 0 The meeting was recessed from 4:28 to 5:30 p.m. Roll Call: Present - 5 Absent 2 - Hams (excused), Coleman PUBLIC HEARINGS (Coleman arrived) 45. Third 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. No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to August 4 for final adoption 46. 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. (Laid over from July 14) Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LIEP), gave a staff report. This matter alleged violations of the sale of alcohol laws against the licenses of Arlington Pub. The Administrative Law Judge (AU) adopted Findings and Conclusions with the recommendation that no action be taken based on the allegations. Mr. Bailey elected not to file any exceptions and LIEP requested that the Council adopt the report of the AU in its entirety and take no action against the license. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge. Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 10 47. Resolution - 99-731 - Ordering the owner to remove or repair the building at 419 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the August 10 Legislative Hearing and the August 25 City Council Hearing) Councilmember Blakey moved to lay over to August 25 Laid over to August 25 Yeas - 6 Nays - 0 48. Resolution - 99-732 - Ordering the owner to remove or repair the building at 1329 Van Buren Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the August 10 Legislative Hearing and the August 25 City Council Hearing) Councilmember Blakey moved to lay over to August 25. Laid over to August 25 Yeas - 6 Nays - 0 35. Final Order - 99-724 - In the matter of sidewalk reconstruction on both sides of East Idaho Avenue from Wheelock Ridge Road to Edgerton Street. (File #S99094) (Laid over from July 14) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 36. Resolution Ratifying Assessment- 99-725 - In the matter of boarding up of vacant property at 941 Edmund Avenue (J9903Ba) and summary abatement (property cleanup) at 915 Charles Avenue (J9903A1). (Laid over from July 14) (Legislative Hearing Officer recommends approval of 941 Edmund Avenue, and reducing the assessment to $40.00 plus the $40.00 administration fee for 915 Charles Avenue) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 July 28, 1999 City Council Summary Minutes Page 11 49. Final Order - 99-733 - In the matter of sidewalk reconstruction in Wards 1, 2, 5, and 6. (File #S99096-S99104) Rich Alteri, 1267 Charles Avenue, appeared. He asked about the criteria for the sidewalk construction as he did not feel his sidewalk required the amount of construction that was suggested. Councilmember Blakey moved to close the public hearing and approval with the exception of S99097 which was laid over one week. Adopted as amended Yeas - 6 Nays - 0 (S99097 - Both sides of Charles Avenue from North Syndicate Street to North Griggs Street laid over to August 4 for public hearing) 50. Final Order - 99-734 - In the matter of sidewalk reconstruction on the south side of Juliet Avenue from South Hamline Avenue to South Syndicate Street at 1298, 1304 & 1306 Juliet Avenue; and both sides of Woodlawn Avenue from Ford Parkway to Highland Parkway. (File #S99105- S99106) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas 6 Nays - 0 51. Final Order - 99-735 - 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 Streets). (File 18902) Councilmember Benanav moved to lay over two weeks at the request of the Real Estate Division. Laid over to August 11 for public hearing Yeas - 6 Nays - 0 52. Final Order - 99-736 - 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). (File #18902-S) Councilmember Benanav moved to lay over two weeks at the request of the Real Estate Division. Laid over to August 11 for public hearing Yeas - 6 Nays - 0 53. Resolution Ratifying Assessment - 99-737 - In the matter of painting the skyway bridges in downtown. (File #18831) Bill Buth, Building Owners and Managers Association (BOMA), appeared and expressed concern and frustration with the painting job that was done on the skyway bridges. .0The exterior and interior painting amounted to approximately $273,000 and the color charges, inspection charges, etc. amounted to $306,000. The assessments were understood and agreed to except for the following: the contractor who was painting the bridges was fired by the City. The information July 28, 1999 City Council Summary Minutes Page 12 that was sent to the people who had bridges painted included a statement from the City Attorney's Office that in the event that the wear and tear did not last the length of time that it should, the surety bond would be approached and attached. Mr. Buth said he thought that would be the amount of the contract that was let. If the City found that the contractor did not perform, there will be proof that the performance was not there and some or all of the bridges are not going to stand up. If that is the case, Mr. Buth said he felt due notice should be given to the company that holds the bond and either they should do the job or rebate the money. Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 54. Resolution Ratifying Assessment - 99-738 - In the matter of summary abatements (property clean- up) during the last week of April and all of May 1999; boarding up vacant buildings during April 1999; towing abandoned vehicles from private property during November or December 1998 or January or February 1999. (File #J9904A, J9904B, J9902V) (Legislative Hearing Officer recommends approval with the following exceptions: 727 Marshall Avenue - Reduce the assessment to $110.00 plus $40.00 administrative fee for a total of$150.00 (J9904A) 952 Euclid Street - Reduce the assessment to $160.00 plus $40.00 administrative fee for a total of $200.00 (J9902V) 1068 Iglehart Avenue - Delete the assessment (J9902V) Councilmember Coleman moved to also lay over 600 West 7th Street to August 4 for a public hearing (J9904B) Councilmember Coleman moved approval as amended Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 (Discussion continued on Item 54 after the vote) Sam Czaplewski, fee owner of property at 2106 Marshall Avenue, appeared representing his son who lives at the property. He provided background information stating that he was doing remodeling at the property. A working refrigerator and a gate were removed from the outside of the property while he was doing the remodeling and he said he would like to have these items returned but realizes that may be impossible. He requested that the assessment be dismissed on the basis that he was not properly notified. Council President Bostrom noted that this issue was heard by the Legislative Hearing Officer and he recommended the assessment. Councilmember Benanav further noted that notice was sent by staff, the cleanup was done by the City, and it was a credible decision on the part of the Legislative Hearing Officer. July 28, 1999 City Council Summary Minutes Page 13 Councilmember Benanav moved to close the public hearing and approve the decision of the Legislative Hearing Officer. Yeas - 6 Nays - 0 Councilmember Coleman moved to adjourn the meeting. ADJO N D A 5:55 P.M. Daniel ostrom, Council President ATTEST: Minutes approved by Council Nancy Andet ��,.� \\ \cW\ Assistant Council Secretary Ci mce