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Approved Minutes 4-14-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 14, 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, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived after roll call) CONSENT AGENDA (Items 1 - 14) Councilmember Harris welcomed and introduced members of Boy Scout Troup 671 from Nativity School and St. Thomas Academy. Councilmember Coleman requested Item 3 be removed for discussion. Council President Bostrom requested Item 9 be laid over one week. Councilmember Lantry requested Item 10 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Claims of Sheila Brown, and Shannon McNeely. Referred to the Employee/Risk Management Division 2. Notice of Appeal of Commissioners' Award in the matter of the Port Authority of the City of Saint Paul vs. D.S.P.O.T., L.L.C.; S.M.K. Enterprises, Inc., et al., Block Four Redevelopment Project. Referred to the City Attorney's Office 3. (Discussed after the consent agenda) 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 28, 1999, to consider the application of Cemstone Products Company for a final plat review approval to allow the existing industrial property to be platted into a single lot at 2058 Energy Park Drive. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 726 Geranium Avenue East, and 918 Park Street as nuisance properties and setting date of Legislative Hearings for April 20, 1999, and City Council Hearings for April 28, 1999. April 14, 1999 City Council Summary Minutes Page 2 6. Administrative Orders: D001689 Amending the 1998 budget in the Office of Financial Services, Special Projects General Government Fund. D001690 Approving payment of$15,000.00 from the City's 1998 Children's Play Area Equipment Program to the Riverview Magnet Elementary School Playground Project. D001691 Approving payment of$15,000.00 from the City's 1998 Children's Play Area Equipment Program to the Linwood A+Elementary School Playground Project. Noted as on file in the City Clerk's Office 7. Resolution- 99-286 - Approving the 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (Laid over from April 7 for adoption) Adopted Yeas- 7 Nays - 0 8. Resolution- 99-320 - Memorializing the decision of the City Council taken February 24, 1999, denying the appeal of Brian Bate/Scenic Minnesota to a decision of the Planning Commission allowing reinstallation of a storm-damaged sign of Super-America at 287 E. Sixth Street. Adopted Yeas - 7 Nays - 0 9. Resolution- 99-321 -Approving application for Auto Repair Garage and Second Hand Dealer- Motor Vehicle Licenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street. (Legislative Hearing Officer recommends approval with conditions) Laid over to April 21 Yeas - 7 Nays- 0 10. (Discussed after the consent agenda) 11. Resolution- 99-323 - Approval of a preliminary and final plat for Saint Thomas the Apostle Church Addition. Adopted Yeas - 7 Nays- 0 12. Resolution- 99-324 - Releasing a portion of a drainage easement at 2144 Suburban Avenue. Adopted Yeas- 7 Nays - 0 13. Resolution- 99-325 - Accepting a lighting easement needed in order to maintain lighting for the Bidwell/Congress Lighting and Paving Project. Adopted Yeas - 7 Nays - 0 14. Resolution Approving Assessment - 99-326 - In the matter of installation of water services for the Irvine Avenue Area Project, and setting date of public hearing for June 23, 1999. (File#18758W) Adopted Yeas - 7 Nays- 0 April 14, 1999 City Council Summary Minutes Page 3 3. Communication from Mayor Coleman announcing his veto of Council Resolution 99-90, Approving the Saint Paul Housing Plan with amendments, adopted March 24, 1999. George Latimer, St. Paul, appeared and stated Saint Paul needs an"all incomes housing policy." He said he followed the City Council's action on March 24, 1999, when 15 amendments were passed, and he stands behind the Council on them. Saint Paul is home to the very rich, the not so rich, people working hard, and people trying to fmd work opportunities. The whole population was included in the City's plans. Fifty percent of the median income is $31,800. When the Council is talking about 80% of a median, they are talking about a higher income than the average income in Saint Paul. With the amendments, the Council is concentrating on the City's population. There are 21,500 households under 30% of the median. Nearly all are working hard and not making more than about $22,000. Another 16,000 to 17,000 households fall between the 30% and 50% mark. That means that 15% of the population is making somewhere under$31,000 a year and over $19,000. Thirty-five percent of the people represented(hundreds of thousands in the population) are making between $20,000 and $30,000. The Council is saying these people will not be left out. Councilmember Benanav moved to reconsider Council File 99-90. Phil Byrne, Assistant City Attorney, stated that any measure vetoed by the Mayor can be reconsidered by the Council and will become law with an affirmative vote of at least five members within 30 days of the veto. Councilmember Coleman stated that he received three letters on this issue and he feels the Council needs to support it. Councilmember Harris said he anticipated voting on this at the next meeting and he spoke against reconsidering it at this time as more discussion is needed. The Council and the Mayor have not done right by the citizens, stated Councilmember Blakey. There are people working and not able to find affordable homes. This housing plan needs to go to the Metropolitan Council, he said. Councilmember Benanav withdrew his motion. 10. Resolution- 99-322 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1956 Feronia Avenue, 1102 Breen Street, 2082 Marshall Avenue, 312 Summit Avenue, 1748 Case Avenue, 1760 Case Avenue, 605 Blair Avenue, and 624 Summit Avenue. (620 Burlington Road and 444 St. Peter Street were laid over to the April 20, 1999, Property Code Enforcement meeting, and April 28 City Council Meeting) Councilmember Lantry moved to concur with staff on 1748 and 1760 Case Avenue and revoke the certificates of occupancy. Council President Bostrom agreed with Ms. Lantry. Adopted as amended Yeas - 7 Nays - 0 April 14, 1999 City Council Summary Minutes Page 4 15. Resolution- 99-284 - Approving a housing program for new, permanently affordable rental and owner-occupied housing for full-time workers and their families. (Laid over from April 7) Councilmember Benanav moved to introduce a substitute resolution and approval. Susan Kimberly, Mayor's Office, appeared and stated everyone is concerned about the people of modest means who are having a difficult time finding housing. If the Council passes any of the resolutions before them, people looking for rental housing will still face a monumental challenge. She stated that everyone is concerned about wanting to do something, but no one has the answer. There are a number of projects that can be done but a resolution taking money out of the general fund and putting it toward this housing goal is not necessary. St. Paul has 12% or 13% of the region's population and 20% of its affordable housing. That is because St. Paul has always had a commitment to affordable housing but it does not mean everyone's housing issues are settled. Government is not capable of doing that. The Council should listen to the Budget Office about the fiscal concerns and then listen to Planning and Economic Development(PED) staff to see what can be done at this time without passing this resolution. Councilmember Benanav stated he believes the Administration cares about affordable housing; however, he has never heard anyone from PED talk about affordable housing. The Council is trying to move the debate forward and the $6 million from the general fund is a good place to do it. If the Council can provide a few more affordable housing units to a few more people, that is better than what is being done now, and perhaps the private sector will join in this endeavor. Before this money is spent, Councilmember Lantry stated, the Council will see where it can save money on the cost of housing. Councilmember Coleman stated the Mayor vetoed a plan because it was too costly. Now, there is a plan to put the resources forward, but the Administration feels it is irresponsible. The Budget Director's message is that the Council should manage the money carefully and not spend too much; he does not say an appropriation of$6 million jeopardizes the City's rating. Councilmember Reiter asked if the City is getting $6 million from the McKnight Foundation and$3 million from STAR that can be matched by the Legislature. Ms. Kimberly responded it was her understanding that the McKnight Foundation announced a $23 million grant that was not for new programs, but an extension of existing programs. Six million dollars is a new challenge grant program. Saint Paul is eligible to compete for that grant money but the rules have not been written. The majority of the money is to keep the primary promise of affordable housing: to preserve and maintain the 15,000 affordable housing units. Virtually all of them serve people at less than 30% of median income. To keep the first promise, the City needs the McKnight Program. The City will probably have to contribute $2 million every year to keep that promise. It will be several hundred units a year for people. Councilmember Harris stated he cannot support the resolution as it puts more money in but does not solve the problem. The City already has access to several millions of dollars in other funds including the STAR Program. There is no detail in the resolution; it only indicates that $6 million April 14, 1999 City Council Summary Minutes Page 5 will be spent. Benanav's resolution says the issue should be studied before the money is spent. The Council should not spend $140,000 and then say it is for affordable housing that will only be about 20 units a year. The Council should be willing to ease some of the restrictions on the tax money and have a competitive process. There should be the same intensity in housing that is seen with some of the buildings downtown, said Councilmember Blakey. He said he would be happy if the Administration would use $2 million instead of$6 million. Council President Bostrom stated he does not support using $6 million out of the budget reserves. If this was budget time, no one would take $6 million without a plan. The Council is addressing the families of full time workers who are earning between $9 and $14 an hour. Mr. Bostrom said he received a letter and some articles indicating that the major problem is the inability to come up with a down payment. It also said that some programs offer loans with down payments as low as 3% or 5%. There are also closing costs and mortgage insurance. If the City gave a loan or a grant to 100 people to get into housing, then 100 people could be in houses for $1 million. The City needs to take the money they have and use it well. Substitute adopted Yeas - 4 Nays - 3 (Bostrom, Harris, Reiter) 16. Resolution- 99-201 - Directing the Police Department and City Attorney to explore the feasibility and advisability of filing suit against gun manufacturers and report their recommendation to the City Council on March 24, 1999. (Laid over from March 17) Councilmember Blakey moved to withdraw the resolution. He said based on research he has done and testimony at the Legislature,he no longer feels the study is necessary. Withdrawn Yeas- 7 Nays - 0 17. 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 March 17) Councilmember Blakey moved approval. He said there are a number of law firms interested in this issue. Clayton Robinson, City Attorney, appeared and stated Chapter 52, Section 302 of the Administrative Code indicates the City Attorney has charge of the City's legal business and outside counsel can be appointed when it is authorized by the Council and the City Attorney. Mr. Robinson has concerns about an RFP process. Before he can determine the propriety of making such a request, he said he would like to evaluate the theory upon which the actions may be brought. It would be better advised for the Council to wait for the recommendation from his office. April 14, 1999 City Council Summary Minutes Page 6 Councilmember Blakey moved to lay over to July 14. Laid over to July 14 Yeas - 7 Nays - 0 18. Resolution- 99-271 - Amending the 1999 budget in the Division of Information Services to provide full financing for the Two-Year Payroll Conversion Project. (Laid over March 24) Councilmember Blakey moved to lay over two weeks as he is doing some research. Peter Hames, Department of Technology and Management Services, appeared. He said the project is on track, but they are spending at a higher pace than anticipated because of the loss of some staff people. They need to re-appropriate these funds so they go into the project. Laid over to April 28 Yeas- 7 Nays - 0 19. Resolution- 99-291 - Authorizing the City to submit Saint Paul's 1999 Consolidated Plan- One Year Update to the U.S. Department of Housing& Urban Development which includes Community Development Block Grant, HOME Investment Partnership Program, and the Emergency Shelter Grant Program. (Laid over from April 7) Councilmember Harris moved approval. Adopted Yeas- 7 Nays- 0 20. Resolution- 99-327 - Review and approval of changes to the 1999 Neighborhood Sales Tax Revitalization Program. Councilmember Coleman moved to lay over two weeks in order to review some issues. Laid over to April 28 Yeas - 7 Nays- 0 21. Resolution- 99-328 - Implementation Chapter of the new Citywide Comprehensive Plan: Mayor Recommendation; City Council Adoption. Marcia Moermond, Council Research Policy Analyst, stated the amendments to the Comprehensive Plan were distributed to the Councilmembers. She noted that Brian Sweeney, Department of Planning and Economic Development, withdrew his concerns with Amendments 6 and 9. Councilmember Coleman moved a two week layover. Laid over to April 28 Yeas- 7 Nays - 0 22. Discussion regarding issues surrounding the proposed merger of the Saint Paul Workforce Development Program and the Ramsey County Job Training Program. (Requested by Council on March 24) Craig Blakely, Planning and Economic Development (PED), appeared and stated he received some questions about the merger. He distributed his comments to those questions. April 14, 1999 City Council Summary Minutes Page 7 Councilmember Blakey moved to lay over two weeks and requested monthly updates after that. Council President Bostrom asked about the status with Ramsey County at this time. Mr. Blakely responded the Council adopted a resolution accepting the report from the policy working board and authorizing the Council to take the next step. The key to going forward is that the County Board adopt an identical resolution. At this point, staff has the authority to talk with the County. Laid over to April 28 followed with monthly updates Yeas - 7 Nays - 0 ORDINANCES 23. Final Adoption- 99-227 -An ordinance amending Saint Paul Legislative Code Chapter 33 to remain consistent with the 1997 Uniform Building Code. Councilmember Blakey moved approval. Adopted Yeas- 7 Nays- 0 24. Final Adoption- 99-229 - An ordinance amending Saint Paul Legislative Code Chapter 200; including animal facilities to act as deputy license vendors for dog licensing in response to a proposed change in the title of Chapter 347. Councilmember Lantry moved approval. Adopted Yeas- 7 Nays - 0 25. Final Adoption- 99-230- An ordinance amending Saint Paul Legislative Code Chapter 347 by adding "Animal Facility"to the chapter title. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 26 Final Adoption- 99-231 - An ordinance amending Sections 376.16 and 376.17 of the Saint Paul Legislative Code; establishing taxicab driver training as a prerequisite for licensure. Phil Byrne, Assistant City Attorney, stated the City Attorney's Office has not reached agreement on the amendment. Councilmember Benanav moved to lay over three weeks. Laid over to May 5 Yeas - 7 Nays - 0 27. Final Adoption- 99-232 - An ordinance amending Saint Paul Legislative Code Chapter 381 to conform the process for review of currency exchange license applications with other Class III licenses. Councilmember Blakey moved approval. Adopted Yeas- 7 Nays - 0 April 14, 1999 City Council Summary Minutes Page 8 28. Final Adoption - 99-233 - An ordinance amending Saint Paul Legislative Code Chapter 417 regarding parking lots and parking garages; citing the license fees to Chapter 310, and defining private and government parking garages. (Amended on April 7) Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 29. Final Adoption- 99-257 - An ordinance amending Saint Paul Legislative Code Chapter 402 pertaining to lawful gambling; maintaining the local gambling tax at two and one-half(2- Y2) percent in 1999 and citing the fees for charitable gambling licenses to Chapter 310. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays- 0 30. Second Reading- 99-319 - An ordinance finalizing City Council action approving the petition of Zigmunt Kanstul to rezone property at 976 Hazelwood Street from R-4 to RT-1. (Public hearing held April 7). Laid over to April 21 for third reading 31. First Reading- 99-329 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to summary abatement appeals. Laid over to April 21 for second reading Councilmember Benanav moved for suspension of the rules to introduce the following resolution. Yeas- 7 Nays- 0 First Reading- 99-341 - An ordinance amending Chapter 66-216 of the Saint Paul Legislative Code pertaining to special district sign plans by creating a new special district sign plan for Saint Anthony Park to be known as the Saint Anthony Park Special District Sign Plan. Laid over to April 21 for second reading (The meeting was recessed from 4:45 to 5:35 p.m.) Present- 6 Absent - 1 (Coleman arrived shortly after roll call) PUBLIC HEARINGS 32. Third Reading- 99-272 - An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. Council President Bostrom explained that this ordinance pertains to non-owner occupied rental units. The following appeared in opposition to the ordinance: John Periard, Saint Paul Area Association of Realtors, 644 Dayton Avenue, appeared and stated they recognize there are problems with rental properties in the City. However, creating this new program is too much for what is needed. The cost of$100 per unit is excessive and will add to the cost of April 14, 1999 City Council Summary Minutes Page 9 affordable housing. There is ambiguity in the way the inspections will be done and what triggers the inspection cost. More information needs to be added and consideration should be given to what complaints are exterior based and how many problems are tenant related Paul Schmidt, Saint Paul Landlords Association(SPARL), appeared and stated SPARL is made up of people who own 1 and 2 unit buildings. There are roughly 117,000 housing units in Saint Paul. The 1 and 2 unit rentals make up about 5,600 units. According to Code Enforcement, the number of problem properties is about 200-500. However, the real problem list is about 100 properties, Schmidt said. Registering all these property will generate about $600,000 to $700,000 to take care of about 100 problem properties. SPARL favors focusing on the problem rather than spreading it around. It creates disincentives for other owners to invest in the City. Many houses in Saint Paul were built before 1920 and are not up to code. If there is one complaint, the house is up for code inspection. People who have a problem with the owner personally could cause problems. The proposal seems to be aimed at shutting down housing, Schmidt said. There is nothing about funding, education, or how to be a landlord; no other assistance is part of this. Jay Theriault, 467 Marshall Avenue, appeared and stated he is a realtor and he recently purchased his second property. Being non-owner occupied, the bank wants a 10% down minimum of the cost. He has to pay more taxes and a higher interest rate. The following appeared in support of the ordinance: Chuck Repke, District 2 Community Organizer, stated the district council supports the ordinance. The issue is affordable and quality rental housing. If there are no inspections, it is not good for the tenants, adjacent property owners, or for other landlords. Maureen Mariano, Payne Arcade Business Association, stated the area is overburdened with absentee landlords and problem properties. She said she views owning property as a business and this would be a fee for running a business. Mark Kowalczuk, 1150 Arcade Street, stated he drives through some of the alleys in Saint Paul and is concerned about the ruins and trash he sees laying around. The City needs to get control of this issue and he feels the fees attached are minimal. Richard Malloy, 900 Payne Avenue, said quality of housing is key to the neighborhoods. Councilmember Lantry moved to close the public hearing. Yeas- 7 Nays - 0 Laid over to April 28 for final adoption 33. Third Reading- 99-273 - An ordinance amending Saint Paul Legislative Code Chapter 310 to increase the Automated Pawn System Billable Transaction Fee to reflect enforcement costs. Mee Moua, attorney with Leonard, Street, and Dinard, 180 Fifth Street South, Suite 2300, representing Pawn America appeared. The increase in the fee will be $1.50 to $2.00 per transaction. April 14, 1999 City Council Summary Minutes Page 10 This 30 cent increase is a tax or penalty on the operators who comply with the reporting requirements. The pawn industry is willing to work with the Police Department and LIEP to find a way to cover administrative costs. This increase hurts the customers because it becomes a disincentive for the store to accept the smaller items pawned in the store. For example, a number of transactions that take place are compact disks for which Pawn America pays about $2. Under the proposed fee increase, if a pawn shop pays $2 in transaction fees to report it to the police, that brings the cost up to $4. (Harris left and returned) Sergeant Stuart Burke, Saint Paul Police Department, appeared and stated he is in support of the automated pawn system increase. It is estimated there are 65,000 to 70,000 transactions per year. There were 46,610 in 1997 and 58,280 in 1998. There is a jurisdiction administrator and set fees for vehicle costs, investigating, and crimes related to the pawn shops. In 1998, there was an $18,320 deficit at the end of the year. The salary expenses for the jurisdiction administrator are about $38,000, vehicle expenses are about $52,000, and basic miscellaneous expenses are about $1,000. Without the rate increase, the department is not willing to support the shortfall of the system. Councilmember Blakey asked Ms. Moua if the sergeant had an opportunity to talk with her. Sergeant Burke responded that no one has called about the increase. The way the money is distributed is that the contract calls for$1.00 per transaction to go to Minneapolis to support the computer and the Saint Paul Police Department would get $1.00. Minneapolis' transaction fee is $1.50. Councilmember Coleman asked if the Police Department is trying to recuperate the cost of this program. Sergeant Burke responded that they are. Mr. Coleman stated this is an advantage to the whole industry. Burke concurred saying that last year $32,000 of stolen property was recovered from the pawn shops. Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to April 28 for final adoption 34. Resolution- 99-310 - Approving a settlement agreement between the Office of LIEP and Eller Media to suspend adverse action and determination of whether a sign should be removed because it was not constructed in accordance with the original permit. (Laid over from April 7) Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and Environmental Protection(LIEP), reported that this issue began as an adverse action against Outdoor Advertising, Inc. now known as Eller Media. The matter began in July alleging four separate sign violations at 775 Seventh Street East, 1928 University Avenue, Lafayette and Eaton, and 421 Seventh Street East. It was scheduled for a hearing after Eller Media advised they were contesting some of the allegations. They met to discuss a possible settlement and at that time, a new sign violation was brought up regarding the sign at 1330 Larpenteur Avenue. After discussion, it was agreed this could be made part of the adverse action which was then pending. A settlement was not reached. The matter was scheduled for a hearing on December 9, 1998 at which time Eller April 14, 1999 City Council Summary Minutes Page 11 proposed a resolution and a settlement was drafted and signed. The only remaining issue is whether Eller should remove the sign on Larpenteur. Wendy Lane, Office of LIEP, appeared and stated there were five violations. Ms. Lane showed the Council photographs and reviewed the violations at each site. Marvin List, Attorney for Eller Media, appeared and talked about the Larpenteur issue and confirmed that is the only one there is a dispute over. He said Eller has agreed to abide by the City Council's decision and not appeal it. Mr. List reviewed the sequence of events and asked the Council to allow Eller Media to retain the sign and they would agree not to put a second face there. Councilmember Harris moved to close the public hearing. Yeas- 7 Nays - 0 Councilmember Reiter made a motion that Eller Media"shall not"be required to remove the sign. He noted that Eller Media moved the sign 10 feet and they went from 2 sides to 1 side. Eller Media could have done this properly, stated Councilmember Coleman. They have shown a pattern of conduct; on Lafayette, they were told they could not construct a sign and did it anyway. He said the sign should be remove. Failed Yeas - 1 (Reiter) Nays- 6 Councilmember Coleman moved that Eller Media shall be required to remove the sign on Larpenteur. Adopted as amended Yeas - 6 Nays - 1 (Reiter) (Benanav was excused from the meeting at this time) 35. Final Order - 99-314 - In the matter of condemning and taking a permanent roadway easement to improve the intersection of White Bear Avenue and Minnehaha Avenue. (File#18895E) (Laid over from April 7) Councilmember Lantry moved to lay over four weeks. Laid over to May 12 Yeas- 6 Nays - 0 36. Resolution- 99-330 - Approving the 1999 Minneapolis/St. Paul Single Family Housing Program. Councilmember Blakey moved to close the public hearing and approval, but he would like a report in a month on who is being denied and approved. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays- 0 (Staff was requested to present an update on May 12) April 14, 1999 City Council Summary Minutes Page 12 37. Resolution- 99-331 - Vacating the City's interest in that part of Hoyt Avenue west of Arkwright Street and southeast of the Minnesota State Bike Trail and releasing utility easements therein. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas- 6 Nays - 0 38. Resolution- 99-332 - Vacating a portion of Western Avenue lying north of vacated Palace Street and releasing easements therein. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 39. Resolution- 99-333 - Vacating a portion of the alley in Block 59 Arlington Hills Addition to Saint Paul in order for Miller& Holmes Inc. to expand their existing gas station. Councilmember Lantry moved to withdraw the resolution at the request of the petitioner. Withdrawn Yeas - 6 Nays- 0 40. Resolution- 99-334 - Ordering the owner to remove or repair the building at 711 Sherburne Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation) 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 41. Resolution- 99-335 - Ordering the owner to remove or repair the building at 659 Van Buren Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Councilmember Blakey moved to lay over 6 weeks Laid over to May 26 Yeas - 6 Nays - 0 42. Resolution Ratifying Assessment - 99-336 - In the matter of summary abatements (grass cutting) for July through October 1998 for property located at 297 Morton Street and 328 Lexington Parkway North(J98TDBC3); and summary abatements (property cleanup) for August through December 1998 for property located at 328 Lexington Parkway North, 1533 Wynne Avenue (parking lot), 0 Charles Avenue, and 474 Webster Avenue (J9812AA). (Laid over from March 24) (Legislative Hearing Officer recommends approval of the assessments with the following exception: 297 Morton Street East - delete the assessment) April 14, 1999 City Council Summary Minutes Page 13 Councilmember Harris moved to close the public hearing and approval as amended. Adopted as amended(per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 43. Final Order- 99-337 - In the matter of sidewalk reconstruction on both sides of S. Albert Street from Stanford Avenue to Berkeley Avenue; and the north side of Palace Avenue from S. Saratoga Street to S. Pascal Street. (File#S99001, S99002) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 44. Final Order- 99-338 - In the matter of sidewalk reconstruction on the east side of Duluth Street from E. Hawthorne Avenue to E. Orange Avenue; both sides of Frank Street from E. Hyacinth Avenue to E. Ivy Avenue; both sides of E. Hawthorne Avenue from Frank Street to Duluth Street; and the north side of E. Orange Avenue from Frank Street to E. Hyacinth Avenue. (File#S99003- S99006) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 45. Resolution Ratifying Assessment- 99-339 - In the matter of the installation of sanitary sewer and service connections in West Dora Court and in Dora Lane from Upper Afton Road to East Dora Court, and removal of existing oiled street surface and replacement with four inches of Class V Base and two inches of bituminous material. (File#18826) Councilmember Lantry moved to lay over two weeks. Laid over to April 28 Yeas- 6 Nays - 0 46. Resolution Ratifying Assessment- 99-340 - In the matter of installation of sanitary sewer and service connections in Kennard Street from 230 feet north of Case to Lacrosse Avenue and in Lacrosse Avenue from Kennard Street to 230 feet east of Kennard Street. (File#18827) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 April 14, 1999 City Council Summary Minutes Page 14 Councilmember Coleman moved to adjourn the meeting. Yeas - 6 Nays - 0 ADJOURNED AT 6:40 P.M. 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