Approved Minutes 8-26-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 26, 1998 - 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 - 19)
Councilmember Blakey requested Item #8 be laid over to September 2.
Councilmember Coleman requested Item #13 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Claims of Scott Bougie, Joseph Delaney, Alisha Ellwood, Ronald Johnson, Eric Long, Jacqueline
Rogers, Laura Schultz, Noemi Trevino, and Theresa Willey.
Referred to Employee/Risk Management Division
2. Summons and Complaint in the matter of Alice Young a/k/a Alice West vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
3. Petition of Writ of Certiorari, Proposed Writ of Certiorari, State of the Case, and Resolution of
the St. Paul City Council in the matter of 5005 Properties, Inc., dba Hillcrest Bingo vs. the St.
Paul City Council.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 9, 1998 to consider the application of the Saint Paul Port
Authority for a preliminary and final plat which will allow property bounded by Mississippi Street
to the west; Minnehaha Avenue to the north, John Street to the east, and University Avenue to the
south to be subdivided into industrial lots.
5. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 503
St. Albans Street North and 970 3rd Street East as nuisance properties and setting date of
Legislative Hearings for September 1, 1998 and City Council Hearings for September 9, 1998.
August 26, 1998 City Council Summary Minutes Page 2
6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on September 17, 1998, Room 220, Conference Room B, City Hall-Court House,
concerning contractors licenses held by Universal Outdoor, Inc.
7. Administrative Orders:
D001581 Authorizing expenditures, not to exceed $13,000.00, for a staff recognition and in-
house training session for Library staff to be held at the College of Saint Catherine on
October 12, 1998.
D001582 Lease agreement for storage space at Ramsey County Government Center West as
required for the City Hall Annex renovation.
D001583 Authorizing the Saint Paul Police Department Critical Incident Response Team
(CIRT) to utilize the United States Army's advanced training facility at Camp Ripley
on September 20-23, 1998.
Noted as on file in the City Clerk's Office
8. Resolution - 98-767 - Recognizing the Jimmy Lee Recreation Center Rookie League Baseball
Team's outstanding season which culminated in the Twin Cities Rookie League Title.
Laid over to September 2 Yeas - 7 Nays - 0
9. Resolution - 98-768 - Finalizing City Council action taken August 5,1998 granting the appeal of
Laura and Joseph Benysek to a decision of the Board of Zoning Appeals denying a setback
variance and a minimum lot size variance in order to split a lot and construct a new single family
home at 858 South Point Douglas Road.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-769 - Authorizing the appropriate City officials to execute a joint powers
agreement with Ramsey County to implement a central vendor certification system.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-770 - Transferring money from City Council Contingency into a new budget
activity to provide the City's share of funding for a new central vendor certification system.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-771 - Authorizing the appropriate City officials to execute a joint powers
agreement with the City of Minneapolis, Hennepin County, Ramsey County and Independent
School District 625 to form a governing body for a central certification system.
Adopted Yeas - 7 Nays - 0
13. (Discussed after the consent agenda)
14. Resolution - 98-773 - Authorizing payment of$14,500.00 to Leobia Bland in full settlement of her
claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
August 26, 1998 City Council Summary Minutes Page 3
15. Resolution - 98-774 - Authorizing payment of$20,000.00 to Karen Black in full settlement of her
claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
16. Resolution - 98-775 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1148 Seventh Street West, 1077 Van Dyke Street,
907 Bayard Avenue, 337 Bates Avenue, 218 Dunlap Street North #5, 784 Agate Street #5, 372
Cook Avenue East, 1019 Edgerton Street, 867 Grand Avenue, 1671 Hubbard Avenue, 859
Tuscarora Avenue, 1088, 1100, 1110, 1114, 1118, 1120, 1122, 1126, 1130, 1134, 1138, 1150
Barclay, and 1485, 1491, 1495, 1499, 1505, 1509, 1515, 1517, 1519, 1521, 1523, 1525, 1527,
1529, 1535 Magnolia Avenue.
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 98-776 - In the matter of constructing a water main and service connections in
Marillac Lane from McKnight Road to approximately 800 feet west of McKnight Road, and
setting date of public hearing for September 2, 1998. (File #18875W)
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 98-777 - In the matter of the direct purchase of property located at 1662 East
Hoyt Avenue which is vulnerable to flood damage during rain storms, and setting date of public
hearing for September 23, 1998. (File #18883)
Adopted Yeas - 7 Nays - 0
19. Resolution Approving Assessment - 98-778 - In the matter of the Margaret/Arcade Area Street
Paving and Lighting Project, and setting date of public hearing for October 14, 1998. (File
#18855)
Adopted Yeas - 7 Nays - 0
13. Resolution - 98-772 - Authorizing issuance of a Neighborhood STAR Loan to Home Essence,
Inc., recommended by the Neighborhood STAR Board.
Councilmember Coleman expressed concern about a $50,000 loan for a business to put in a
sprinkler system and said he would like to receive more information before a STAR loan is
approved for this purpose.
Councilmember Harris said he did not feel this was in line with what the Council intends the
program to be and he said he has questions as well.
Council President suggested the resolution be laid over in order to get a staff report.
Councilmember Lantry moved to lay over one week.
Laid over to September 2 Yeas - 7 Nays - 0
August 26, 1998 City Council Summary Minutes Page 4
FOR DISCUSSION
20. Resolution - 98-530 - Accepting grant funds for liquor compliance checks for 1998 to be
performed by the Police and the Office of License, Inspections and Environmental Protection.
(Laid over from August 5)
Lisa Nassaff, Mayor's Office, appeared and requested a three week layover in order to complete a
comprehensive plan targeting youth access to alcohol.
Councilmember Reiter moved to lay over four weeks.
Laid over to September 23 Yeas - 7 Nays - 0
21. Resolution - 98-657 - Giving final approval of 1999 Residential Street Vitality Project Areas and
tentative approval of 2000-2003 Project Areas. (Laid over from August 12)
Councilmember Harris said he is still working on this issue with Joe Reid of the Budget Office,
and he moved to lay over two weeks.
Laid over to September 9 Yeas - 7 Nays - 0
22. Resolution - 98-747 - To consider the vacation of part of Western Avenue lying northwesterly of
Grand Avenue and south of Ramsey Street. (File #1-1998) (Laid over from August 12)
Councilmember Coleman noted that there had been issues with the neighbors pertaining to the
platting being done prior to the conditions being met.
Phil Byrne, Assistant City Attorney, stated that Assistant City Attorney Peter Warner had
circulated a memorandum pertaining to the legal issues and the remedies surrounding this issue.
(The vote was taken on this item after Item #29)
Councilmember Coleman moved approval
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
23. Final Order - 98-750 - In the matter of sidewalk construction on the west side of Chester Street
from East Plato Boulevard to East Lafayette Road and the south side of East Plato Boulevard from
Chester Street to East Lafayette Road. (File #S98109) (Laid over from August 12)
Councilmember Coleman stated that are still some issues that need to be addressed and he
moved an indefinite layover.
Laid over indefinitely Yeas - 7 Nays - 0
August 26, 1998 City Council Summary Minutes Page 5
24. Resolution - 98-765 - Establishing a moratorium on currency exchanges, pawn shops, tobacco
shops, second Lana o_ eater uses res pending a review and recommendation by
the Department of Planning and Economic Development and the Planning Commission. (Laid
over from August 19)
Council President Bostrom said he strongly supports the moratorium and it's an issue the Council
needs to take a strong look at. There was an issue with staff as to whether there was enough time
to do this, Bostrom said, but the potential for these types of operations going into the
neighborhoods is critical and the neighborhoods deserve to be heard.
Councilmember Blakey said he received a call from Goodwill Easter Seals expressing concern that
they would also be included in the moratorium. Goodwill provides a valuable service and Mr.
Blakey said he also was concerned that a moratorium would stop the services of this type of store
which provides a good cause in the community. He said he would not support the moratorium
having such a broad spectrum. Mr. Blakey said it was his understanding that a study on currency
exchanges was completed not too long ago and he questioned why another study is being done.
Councilmember Bostrom pointed out that the previous week an amendment was approved which
deleted the second hand stores and similar use stores from the moratorium and, therefore, it would
not affect Goodwill, Salvation Army, St. Vincent DePaul, antique stores, etc.
Phil Byrne, Assistant City Attorney, clarified that the City Council did not formally suspend the
rules to amend the resolution the previous week and, therefore, it was not adopted at that time.
Councilmember Coleman spoke against the resolution saying he did not see a rush of people
moving forward to open up these types of shops and he was concerned how it is perceived by
businesses in the City and those attempting to do business in the City. The process still needs to
take place and there needs to be open discussion and public hearings, he said.
Councilmember Lantry concurred that there have not been a lot of applications but it could happen
and this gives the Council an opportunity to study the issue and it's not going to hurt a lot of
people. The moratorium has a mechanism whereby if there is some unintended consequence, i.e.,
some store that might be excluded because of this, they could go before the Planning Commission
or the City Council and request an exemption. Lantry said she felt it was an exact parallel to the
billboard issue.
Councilmember Blakey said it's a "broad brush" and gives the appearance of being anti-business.
He said he would welcome some antique dealers and other shops that would want to do business
on Selby and Dale.
Allen Lovejoy, Department of Planning and Economic Development, appeared. He indicated that
a memo was distributed to Councilmembers which talks about the four different elements and that
the City had studied both currency exchanges and pawn shops in the last few years. With respect
to currency exchanges, a restriction was imposed in the Zoning Code as to where currency
exchanges can be located ... basically in all the business and industrial zones in the City and there
August 26, 1998 City Council Summary Minutes Page 6
is a 100 foot spacing requirement. The level of restriction is not great but is the result of the
recent study. The issues raised by staff include the complexity, particularly for second hand
shops, and they would like to discuss the procedures of the moratorium with the City Attorney
who prepared the resolution as there seems to be some convoluted procedures that Mr. Lovejoy
felt could be cleaned up within a week.
Councilmember Coleman stated that a lot of money has been invested in some tobacco shops, such
as those on Grand Avenue, and they're clean operations. He suggested that before they start
banning businesses or imposing moratoriums, the need should be demonstrated. Coleman said he
has not heard anything in the discussion as to where the need is to ban these types of businesses
pending further study.
The City of Minneapolis has passed some stringent requirements on these types of businesses,
Council President Bostrom stated, and there is a possibility that these businesses may start looking
to locate in St. Paul if they can't be in Minneapolis.
Councilmember Benanav expressed concern also that if these businesses are banned in
Minneapolis, there is a high probability that they would locate on Snelling and University
Avenues. He indicated that he did not feel a moratorium would put anyone out of business right
now.
Councilmember Reiter inquired how long the moratorium would be. Bostrom responded that the
ordinance would be in effect up to one year but the Planning Commission could get a
recommendation back to the Council before that time. Phil Byrne added that under the Statute the
moratorium can be for twelve months but the Council could extend it an additional 18 months.
Councilmember Harris noted that there was not ample information from staff or the administration
on this issue. One zoning study was done in 1995 on pawn shops and the zoning is fairly
restrictive. Currency exchanges are restricted to B-2, B-3, B-4, B-5, I-1& I-2 districts, and there
are also some spacing requirements from residential use. If there needs to be tightening up in the
Code on specific points, that is one thing, he said, but the moratorium seems to be much broader
than one specific area of the City or one specific business. Harris said he was not comfortable
imposing the moratorium at this time.
Councilmember Reiter moved to lay over one week and delete "second hand stores."
Councilmember Blakey questioned if other priority zoning issues would be delayed by the
moratorium. Mr. Lovejoy responded that it would be something they would have to internally
prioritize, discuss with the administration, and make a recommendation to the Council. He said if
this is put at the top of the list, he was concerned that they would be pre-empting some of the
other zoning issues. He said they are expecting a very active 12 to 18 months on zoning issues
with the completion of the Comprehensive Plan.
Councilmember Benanav asked about reducing the moratorium time from 12 months to 6 months
in order to do something quickly and not impact businesses. Mr. Lovejoy responded that there are
August 26, 1998 City Council Summary Minutes Page 7
three or four different kinds of protected uses such as residential, churches, etc. on the one side,
and on the other side there are three or four uses they are studying. Trying to weave the matrix
together gets very complex. It will be helpful to receive information on how Minneapolis has
dealt with these issues, Lovejoy said. Also, it could be that redress in some of these areas is better
handled through a licensing approach rather than a Zoning Code approach which would have to be
looked at in more detail.
Council President Bostrom said the issue that concerns him is the people struggling to maintain
their neighborhoods and that is far more important than whether there is another pawn shop,
currency exchange, or tobacco shop, he said. The focus must be on maintaining the
neighborhoods and protecting the homeowners.
Amended and laid over to September 2 Yeas - 7 Nays - 0
25. Appeal of Mary Altman to a summary abatement order for property located at 428 Ohio Avenue.
(Legislative Hearing Officer recommends denying the appeal and granting an extension to October
1, 1998) (Laid over from August 12)
Guy Willits, Property Code Enforcement, appeared and stated the owner has asked for an
additional three months to complete the retaining wall and that it was for financial reasons that she
has not been able to complete the project.
(Blakey left)
Councilmember Coleman said he wants to make sure it is done within the time granted as he felt
enough time has already been granted.
Appeal denied (per recommendation of Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Blakey not present for vote)
(Blakey returned during the following discussion)
26. Report from the Administration on the prevention of violence in the workplace. (Discussion
continued from August 12)
(Harris left)
(Benanav left and returned during the discussion)
Tom Fabel, Deputy Mayor, and Jerry Serfling and Bob Steiner, AFSCME, provided information.
An update will be provided on October 28.
August 26, 1998 City Council Summary Minutes Page 8
ORDINANCES
27. First Reading - 98-766 - Establishing a moratorium on currency exchanges, pawn shops, tobacco
shops, nd Lana r other s - pending a review and recommendation by
the Planning and Economic Development Department and the Planning Commission. (Laid over
from August 19)
Councilmember Benanav moved to remove "second hand stores or other similar uses stores" and
approval as amended
Amended and laid over to September 2 for second reading
Yeas - 6 Nays - 0 (Harris not present for vote)
28. First Reading - 98-779 - Amending Chapter 84 of the Saint Paul Administrative Code (Vendor
Outreach Program) to make St. Paul's certification standards and definitions match those of other
jurisdictions
Laid over to September 2 for second reading
29. Second Reading - 98-763 - An ordinance finalizing City Council action approving the application
of Children's Health Care to rezone property from B-3 (General Business) to B-5 (Central
Business-Service) to allow the entire hospital campus to be in the same zoning district at 233
Grand Avenue. (Public hearing held July 22, 1998)
Laid over to September 2 for third reading
Suspension Items
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 98-790 - Accepting a grant in the amount of$29,120.00 from the Minnesota Auto
Theft Prevention Program.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 98-791 - Finalizing City Council action taken August 12, 1998 approving the
application of Lenore Miller for a preliminary and final plat to allow the property at 1237
Birmingham Street to be subdivided into two lots with single family homes (Gustafson Gardens
Addition).
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 98-792 - Approving staff polling locations for the September Primary Election and
November General Election in Saint Paul.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
August 26, 1998 City Council Summary Minutes Page 9
Councilmember Benanav requested that the Administration provide a report at the September 2, 1998
Council meeting regarding the amended lease with the Minnesota Wild Hockey Team.
The meeting was recessed from 5:05 - 5:35 p.m.
Roll Call: Present - 6 Absent - 1 (Coleman)
PUBLIC HEARINGS
31. Resolution - 98-781 - To consider adverse action against the cigarette license held by K-Mart
Corporation, dba K-Mart, 245 Maryland Avenue East. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), stated that this action was a standard compliance check on July
13, 1998. It involved the sale of cigarettes to a 15 year old and the clerk did not request any
identification. This was the first offense at this location and the recommendation by the Office of
LIEP was for a $200 fine as set forth in the penalty matrix.
(Coleman arrived)
Doug Angerer, store manager, requested that a fine not be imposed saying that the store takes the
tobacco laws very seriously and he felt that was an honest mistake by the employee.
Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Reiter moved approval. Yeas - 7 Nays - 0
30. Resolution - 98-780 - To consider adverse action against the cigarette license held by The
American Dream Machine, Inc., dba Christine Liquors, 111 Concord Street. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), explained that this was a routine compliance check on May 27,
1998 involving sale of cigarettes to a minor. At that time, Christine Liquors did not have a
cigarette license. However, when they were notified that they did not have a license, they did
apply for one. The Office of LIEP recommended a fine of$200.
Mike Vander Heyden, owner of Christine Liquors, appeared and said he accepts the fine and he is
doing everything possible to stop this from happening again.
Councilmember Coleman moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
32. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Jill D. Rasmuson, dba R & R Books, 674 University Avenue.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), stated that this matter was before the Council upon the return of
August 26, 1998 City Council Summary Minutes Page 10
the report of the Administrative Law Judge (ALI) after a hearing to determine whether or not on
April 3, 1998 there was a sale of adult materials to a minor in violation of the City ordinance, and
whether that should result in the imposition of sanctions against the license of R & R Books. The
report of the ALJ does determine that the Office of LIEP proved that there was a sale in violation
of the law. At the time of the hearing, the recommendation of the Office of LIEP was for a fine
of$500. There were no prior violations at this location and no apparent complaints against it.
The recommendation of the Administrative Law Judge was to consider a lower fme and based on
the ALI recommendation, LIEP requested an imposition of a fme of$500 with half of it
suspended for one year on the condition that there be no additional violations.
Councilmember Blakey said he would not support a reduction and moved to impose a fine of
$500.
Councilmember Coleman moved approval of the recommendation of the Office of LIEP.
Councilmember Harris and Lantry spoke against this motion and Coleman withdrew his motion.
David Gronbeck, 1710 One Financial Plaza, Minneapolis, attorney for R & R Books, appeared.
He stated that it was shown at the ALI hearing that this was an isolated incident. R & R Books
has been in business for over 25 years at the same location and there have been no complaints of
sales of material to underage people and is not indicative of a pattern. The sale was a "mistake" by
a long-time employee, he said, and steps have been taken to insure that this does not happen
again. He asked the Council to take into consideration that this was an isolated incident.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey moved to adopt the Findings of Fact and Conclusions of the
Administrative Law Judge and impose a $500 fine.
Councilmember Coleman spoke in support of the recommendation of staff and the
recommendation of the ALL Coleman indicated that they did not have all the evidence such as the
physical appearance of the decoy and at some point there is a legitimate question of how serious a
mistake it was. Coleman expressed great concern that a person as young as 15 years old was used
for this compliance check.
Adopted the Findings of Fact and Conclusions of the Administrative Law Judge and imposed a
$500 fine. Yeas - 5 Nays - 2 (Coleman, Reiter)
33. Resolution - 98-782 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1424, 1428, 1430, 1432, 1434 & 1436 Case Avenue,
and 1741, 1751, and 1761 Sims Avenue. (Laid over from August 12)
Gerry Strathman, Legislative Hearing Officer, provided a staff report. He said that at the time
this matter was heard in a Legislative Hearing, the property owner indicated that they were in the
process of correcting all the deficiencies and asked for additional time to complete the work. Mr.
Strathman said he recommended laying the matter over to the September 1, 1998 Legislative
August 26, 1998 City Council Summary Minutes Page 11
Hearing to see if the work was completed by that time. However, when the matter came before
the City Council on August 12, Councilmember Lantry requested that it be heard by the Council
on this date.
Pat Fish, Fire Prevention Division, appeared. She noted that the properties on Case were due for
renewal of the certificate of occupancy (C of 0) in July, 1997. Both the Case and Sims properties
have been ongoing issues, she said. The property owner appealed the revocation of the certificates
on several of the buildings and after the hearing, and in agreement with the owner, Fire
Prevention went through both the Sims and Case buildings prior to this meeting. Ms. Fish said a
lot of emergency repairs were presently taking place but there are long lists of work orders on
each of the buildings which she summarized for the Council. She asked that the Council uphold
the revocation of the C of O.
Phil Byrne, Assistant City Attorney, advised the Council that if they deny the appeal, it will mean
that whatever orders have been issued and whatever administrative action Fire Prevention has
taken will stand. If one of those actions is the revocation of the C of 0, it would mean the owner
would have to either take court action or comply with the requirements of Fire Prevention to have
the C of 0 issued.
The following individuals appeared in opposition to the appeal:
Sharon Vaughn, 1430 Case Avenue, #3
Linda Clark, 1430 Case Avenue, #4
Ann Woods, District 2 Community Council
Appearing in support of the appeal was Robert McClay, attorney representing the property owner.
Mr. McClay distributed a "Continuance For Dismissal" which was adopted by the Court and said
that was the governing document. He noted that there was a schedule set for each one of the
properties as to when the C of Os would have to be obtained. This was pursuant to an inspection
list generated by Fire Prevention in March. He said his client agreed to complete the items on the
work list and obtain the C of Os for each of the properties pursuant to the schedule. Mr. McClay
provided details of what has transpired with these properties saying that since mid-June a crew has
been working full-time. His client is trying to fmd some defined objective standard for
determining when the C of 0 is going to be issued and what they have to do in order to pass
inspection. He denied the position that his client has not been trying to maintain the properties.
Mr. McClay said the matter before the Council is whether Mr. Strathman's recommendation to
review the matter on September 1 is the appropriate thing to do. He felt they will be able to
demonstrate at that time that substantial progress has been made.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Phil Byrne, Assistant City Attorney, said that the "Continuance For Dismissal" document
apparently came out of a housing court proceeding in which there were probably one or more
misdemeanor citations issued against the properties. The document is not a court order nor does it
reflect an agreement but is simply a statement by the prosecutor that the prosecution of the tags
August 26, 1998 City Council Summary Minutes Page 12
would be continued and at the end of a period of time, the tags would be dismissed if certain
things had been done. It would reflect only the prosecutor's intention as to those tags that had
been issued. What was before the Council at this time is a civil proceeding and a different
proceeding altogether, Mr. Byrne said. The Fire Department has issued certain orders and has
taken certain actions which, as a civil matter, Mr. McClay's client has appealed. The Council
would have to know what the tags were in order to evaluate how thoroughly they covered the
various issues on the buildings. With respect to the civil matter, the revocation of the C of Os,
the orders by the Fire Department, and the appeals from those, the Council would have to know
what orders were issued, how extensive they were, etc. but it's a different proceeding and a
different set of orders than the document presented by Mr. McClay. He advised the Council that
this document was not really before them and it would not tell them whether or not there had been
sufficient compliance with the civil orders and the revocation of the C of Os.
Mr. Byrne further advised that the court, in response to what must have been some negotiations
between the City Attorney and Mr. McClay, or whomever handled the matter, had to have said
that they would agree to continue the tags and not proceed to hear the matter at this time.
Councilmember Blakey admonished the property owner saying that they have to take responsibility
for the property they own.
Councilmember Lantry said a certificate of occupancy is about protecting the health and safety of
people who live in rental properties. She expressed great concern that Republic Management was
appealing the most basic health and safety issues and said their actions with this property has
adversely affected the neighborhood.
Councilmember Lantry moved to deny the appeal.
Pat Fish stated that there are some C of Os that have been revoked on the property. The court
proceedings would take place on Friday, August 28, and from that point on, when re-inspections
are conducted at the property, they would take action to write tags. A vacate date would be set
for 30 days to give the tenants time to relocate if the repairs are not made.
Adopted as amended Yeas - 7 Nays - 0
34. Resolution - 98-566 - Ordering the owner to remove or repair the building at 674 Wells Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from July 22)
Gerry Strathman, Legislative Hearing Officer, cited a letter he received from Property Code
Enforcement where they indicated that on August 24, 1998 an inspection was done and the work is
approximately 55% complete.
No one appeared in opposition; Councilmember Harris moved to lay over to September 23.
Laid over to September 23 Yeas - 7 Nays - 0
August 26, 1998 City Council Summary Minutes Page 13
35. Resolution - 98-714 - Ordering the owner to remove or repair the building at 875 Watson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the September 15 Legislative Hearing) (Laid over from August 5)
Susan Haas, 871 Watson Avenue, said this property has been a problem for a long time and she
and the neighbors want the problems resolved to their satisfaction. She noted that the property has
not yet been closed on, however, people were recently working on the interior of the property.
She was told by the prospective company buying the property that they already own the property
and that they plan to sell it in six months for $80-90 thousand. Ms. Haas said when the possibility
of demolition of this property came up, she was interested in purchasing the lot after the
demolition to use as a garden area.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman asked Mr. Strathman if a bond is required and, if so, whether it has
been posted. Strathman responded that at the Legislative Hearing, the people who appeared said
they were in the process of purchasing the property from the Housing and Urban Development
Authority (HUD) and they expected to close within 60 days. The layover was to allow them time
to make the transaction. Once they have established ownership, they will be required to post the
necessary bond.
Councilmember Coleman requested that Gerry Strathman check to see if a building permit has
been pulled.
Councilmember Coleman moved to lay over to September 2.
Laid over to September 2 Yeas - 7 Nays - 0
36. Resolution - 98-745 - Ordering the owner to remove or repair the building at 1204 Edgerton Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to September 2 and allowing the owner six months to complete rehabilitation provided
a $2,000 bond is posted and a code compliance inspection is completed by noon on September 2)
(Laid over from August 12)
Gerry Strathman, Legislative Hearing Officer, explained that this property was owned by a
finance company that apparently was in the process of making decisions as to whether they were
going to rehabilitate the building. Just prior to the scheduled Legislative Hearing, a decision was
made that they would proceed with rehabilitation. They are willing to post the bond and get the
code compliance inspection, etc. However, their attorney said this is a complicated, out-of-state
corporation and additional time is needed to get everything in order. If the requirements are not
met by September 2, it would revert to the original order.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and lay
over one week.
Laid over to September 2 Yeas - 7 Nays - 0
August 26, 1998 City Council Summary Minutes Page 14
37. Appeal of Susan Mercurio to a summary abatement order for property located at 1005 Jessie
Street. (File closed; no action required)
Gerry Strathman, Legislative Hearing Officer, reported that this matter was resolved before the
Legislative Hearing.
No action required
38. Appeal of Sharon Smith to a summary abatement order for property located at 82 Cook Avenue
West. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Reiter moved to lay over four weeks.
Laid over to September 23 Yeas - 7 Nays - 0
39. Resolution Ratifying Assessment - 98-783 - In the matter of summary abatements (property clean-
up) for property at 886 Case Avenue, 975 Wilson Avenue, and 741 Van Buren Avenue, and
towing of abandoned vehicle from property at 1333 Pacific Street. (File #J9803AA, J9803VV)
(Laid over from August 12) (Legislative Hearing Officer recommends denying the appeals for 886
Case Avenue, 975 Wilson Avenue and 741 Van Buren Avenue, and reducing the assessment by
$200 for 1333 Pacific Street for a total assessment cost of$249.55)
Gerry Strathman noted that an amendment was required as the owner of 975 Wilson Avenue
requested to pay the assessment over a period of five years.
Roxanna Flink, Real Estate Division, appeared and explained the situation and said it is common
to allow assessments to be paid over a period of time with interest. Discussion ensued and it was
agreed that payment over a two year period would be more equitable.
Councilmember Lantry moved approval as amended.
Adopted as amended (per recommendation of the Legislative Hearing Officer) with an additional
amendment that the assessment for 975 Wilson Avenue be paid over two years.
Yeas - 7 Nays - 0
40. Resolution - 98-784 - To consider a vacation to dispose of excess right-of-way as part of the
Wabasha Bridge reconstruction project.
Peter White, Real Estate Division, explained that the property to be vacated is on the south side of
the Wabasha Bridge. When the bridge was constructed, the City needed about 5,000 to 6,000
square feet of what had been a parking area for the bridge approach. The road that was there
prior to the new bridge was being shifted to the east and it left a piece of property approximately
the same size as the parking lot as surplus for the City's needs. Rather than pay the property
owner for this property and then be potentially subject to some damages because of the loss of
parking, an agreement was reached whereby the City would trade properties and there would be
no exchange of money.
August 26, 1998 City Council Summary Minutes Page 15
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 98-785 - In the matter of sidewalk reconstruction on Juliet,
Randolph, Sheridan, Edgcumbe, Wordsworth, Hubbard, Fry, Asbury, Herschel, Simpson, North
Fairview, Montrose Place, and Thomas. (File #S97008-S97013, S97036, S97037, S97039,
S97049-S97051)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 98-786 - In the matter of sidewalk reconstruction on East
California, Galtier, Marion, Osage, East Sycamore, Alameda, West Arlington, Como Place,
Hatch, North Milton, North Victoria, Matilda, Maywood, Schletti, and Jessie. (File #S97014-
S97017, S97035, S97052-597054, S97056-S97062, S97065)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
43. Resolution Ratifying Assessment - 98-787 - In the matter of condemning and taking permanent
easements for the reconstruction of Shepard Road from Western Avenue to approximately 70 feet
east of vacated Market Street. (File #18878E)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
44. Final Order - 98-473 - In the matter of improving the alley in Block 3, Lake Park Addition
(bounded by Arona, Almond, Snelling and Canfield) by grading and paving with bituminous
material. (File #18873) (Laid over from July 22)
Councilmember Benanav moved to withdraw the Final Order.
Withdrawn Yeas - 7 Nays - 0
45. Final Order - 98-788 - In the matter of sidewalk reconstruction on both sides of Carroll Avenue
from North Dale Street to North Grotto Street; the south side of Randolph Avenue from South
Fairview Avenue to South Wheeler Street; both sides of Chelsea Street from West Arlington
Avenue to West Hoyt Avenue; both sides of Bradley Street from Case Avenue to 951 Bradley
Street; the north side of West Nebraska Avenue from North Milton Street to North Victoria Street.
(Laid over from August 12)
August 26, 1998 City Council Summary Minutes Page 16
Bonnie Hoberg, 955 Bradley Street appeared in opposition to the sidewalk repair. She indicated
that trees and lawns will be destroyed.
Jerry Tvedt, Department of Public Works, explained that on Bradley Street at Case Avenue it goes
150 ft. to the south and dead ends. There are four houses on the west side of the street and three
houses on the east side. There is presently only 2 ft. tile for the sidewalk and Public Works is
proposing to put in a 4 ft. wide sidewalk. This was initiated in 1997 by a complaint from the
property owners at 957 Bradley Street. It is estimated that the tile is 50 years old or older and is
in bad condition. Public Works feels they can build the sidewalk around the trees.
Mr. Tvedt also stated that he met with the property owner of 654 Carroll Avenue and it was
agreed that the portion of sidewalk in front of that address would be deleted as the condition of it
was not deteriorated enough to require replacement.
Councilmember Blakey moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 7 Nays - 0
46. Final Order - 98-789 - In the matter of condemning and taking of property rights as required for
expanding the Payne Avenue Bridge Facility at 811 Payne Avenue. (File #18879)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting.
AD.- R ED T 7:25 P.M.
Danie Bostrom, Council President
ATTEST:
� Minutes approved by Council
Nancy Ander n i . '?, lcrl
Assistant Council Secretary
mce
g
LT4 bc ,N
I `‘;',,, '5.°1\ iA v•v-k 6
0- )•., k,,
IN
j T— N(N J\
b . 0
'-?: (.44 ')\.
i. (q - S / 4 h 'k
og ,..,, t---
I‘S"-I r.4 5 J is ,/' vi-. C,: td •(
t f4 C4 g,. :4-14, K, d ‘i &t
� M. ;,, -6. aiii v v.
cA
UelM Ix Vv (J � C`3
Rd
,.). — , cP n n ( 2
,P4 % p - ,‹) icN
&)-.
61 14
.$)
q.- C''
d, 0 , ,,,,,4----\
4
.:: . , 4 ,A , _:.,,
1N13 '
1
E. cico t:
,.,L
a, \ )4 i ,vb Ni,,
cA
itt -3 , c-- g( \ '\' i
Om C*k-:,• ---Cltsk