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Approved Minutes 8-12-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 12, 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 - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter Absent - 1 - Harris (arrived after roll call) CONSENT AGENDA (Items 1 -25) Councilmember Blakey requested Items 14, & 19 be removed for discussion. Councilmember Blakey withdrew Item 17. Councilmember Benanav requested Item 18 be removed for discussion. Councilmember Lantry requested Item 25 be removed for discussion. The Consent Agenda was adopted as amended Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of June 24, 1998. Adopted Yeas - 7 Nays - 0 2. Claims of Calvin Burton and Anthony Buhn, Amy Jo Hernandez, and Jodi Stee. Referred to Employee/Risk Management Division 3. Letter from the Real Estate Division announcing a public hearing before the City Council on August 26, 1998 to consider a vacation to dispose of excess right-of-way as part of the Wabasha Bridge reconstruction project. 4. Resolution - 98-719 - Approving the appointments of Judith Benton and Kathryn Paulson, by Mayor Coleman, to the Saint Paul Heritage Preservation Commission. Adopted Yeas - 7 Nays - 0 5. Resolution - 98-720 - Approving the reappointments of Paul Kelnberger, Lori Komstadius, Richard Schoenthaler, Richard Stauning, Amy Stedman, Nancy Hendrickson, Dean Shawbold, and Mary Thornton Phillips, and the appointments of Harry Melander, Marcia Fink, and Gail Stremel, by Mayor Coleman, to the Workforce Development Council. Adopted Yeas - 7 Nays - 0 August 12, 1998 City Council Summary Minutes Page 2 6. Resolution - 98-721 - Approving the 1998-2000 Agreement between Independent School District No. 625 and Local Union 844, District Council 14 of the American Federation of State, County and Municipal Employees, AFL-CIO. (To be laid over one week for adoption) Laid over to August 19 for adoption 7. Resolution - 98-722 - Approving the 1998-2000 Agreement between Independent School District No. 625 and Local Union 1842, District Council 14 of the American Federation of State, County and Municipal Employees, AFL-CIO. (To be laid over one week for adoption) Laid over to August 19 for adoption 8. Resolution - 98-723 Approving the 1997-1999 Agreement between Independent School District No. 625 and Minnesota Teamsters Local 320 representing Food Service Personnel. (To be laid over one week for adoption) Laid over to August 19 for adoption 9. Resolution - 98-724 - Approving the 1997-1998 Agreement between Independent School District No. 625 and School Service Employees Local #284, S.E.I.U. AFL-CIO representing Cook Managers. (To be laid over one week for adoption) Laid over to August 19 for adoption 10. Resolution - 98-725 - Approving the 1997-1999 Labor Agreement between Independent School District No. 625 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO. (To be laid over one week for adoption) Laid over to August 19 for adoption 11. Resolution - 98-726 - Accepting a grant in the amount of$275,000 for job creation and business growth through the State's Enterprise Zone Incentive Grant Program. Adopted Yeas - 7 Nays - 0 12. Resolution - 98-727 - Accepting a grant from the State of Minnesota Juvenile Auto Theft Program in the amount of$48,090 for combating juvenile auto theft in Saint Paul, and establishing spending authority for the Police Department. Adopted Yeas - 7 Nays - 0 13. Resolution - 98-728 - Accepting a grant from the State of Minnesota Pro-Active Theft Program in the amount of$47,000 for combating auto theft in Saint Paul, and establishing spending authority for the Police Department. Adopted Yeas - 7 Nays - 0 14. (Discussed after the consent agenda) 15. Resolution - 98-730 - Directing the City Council's Legislative Hearing Officer to grant appeals of fire door requirements in certain instances. Adopted Yeas - 7 Nays - 0 August 12, 1998 City Council Summary Minutes Page 3 16. Resolution - 98-731 - Authorizing the Department of Fire and Safety Services to enter into a lease agreement with AirTouch Communications, Inc. for the department's facilities at 1683 Energy Park Drive. Adopted Yeas - 7 Nays - 0 17. Resolution - 98-732 - Amending Council File 97-1428 adopted November 26, 1997 requiring rehabilitation or demolition of property at 815 Charles Avenue. Withdrawn Yeas - 7 Nays - 0 18. (Discussed after the consent agenda) 19. (Discussed after the consent agenda) 20. Resolution - 98-735 - Authorizing the purchase of one parcel of vacant land for the Highwood Bluff Acquisition Project. Adopted Yeas - 7 Nays - 0 21. Preliminary Order - 98-736 - In the matter of condemnation and taking of permanent and temporary easements near Marillac Lane and Highway 61 to be known as the Marillac Lane Easement Acquisition Project, and setting date of public hearing for October 7, 1998. (File #18875E) Adopted Yeas - 7 Nays - 0 22. Resolution Approving Assessment - 98-737 - In the matter of grading and paving and constructing sanitary sewer and connections in Howard Street from the end of the existing paved roadway located approximately 400 feet southwest of Oakridge Street to approximately 457 feet southwest of Oakridge Street; also constructing long water service connections from the existing water main in Howard Street, and setting date of public hearing for October 7, 1998. (File #18819 & 18819-W) Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment - 98-738 - In the matter of the installation of a lantern style lighting system on Beechwood Avenue from Snelling Avenue to Macalester Street (north side) and Macalester Walk (south side), and setting date of public hearing for October 14, 1998. (File #18796) Adopted Yeas - 7 Nays - 0 24. Resolution Approving Assessment - 98-739 - In the matter of the Doswell/Chelmsford Residential Street Paving Project, and setting date of public hearing for September 9, 1998. (File #18853) Adopted Yeas - 7 Nays - 0 25. (Discussed after the consent agenda) August 12, 1998 City Council Summary Minutes Page 4 14. Resolution - 98-729 - Amending the 1998 Gang Strike Force budget in the Police Department for three additional leased vehicles. Amy Brown, Police Department, appeared and reported that the State gave the Police Department additional money to lease three more vehicles for the Officers who are a part of the Strike Force. The cars are leased from one source in St. Paul. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 18. Resolution - 98-733 - Finalizing City Council action taken July 8, 1998 denying the objection by DeLite Outdoor Advertising to requests for billboard moratoriums and special sign districts by citizen participation districts 2,3,4,5,6,9,10,11,12,13(Merriam Park and Snelling-Hamline), 14, 15 and 17. Councilmember Benanav noted that Council District 14 had been left out previously. Councilmember Benanav moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 19. Resolution - 98-734 - Approving payment of$90,000 to the plaintiff in Alter Trading Corp. v. the City of Saint Paul. Councilmember Blakey said he would not support this resolution because the City has the right to decide what goes on the river and he felt they were giving up this right if the settlement is approved. Phil Byrne, Assistant City Attorney, stated that this matter was set for a trial. It appeared that the cost of litigating the matter would be fairly expensive and there was an offer of settlement in the amount of$90,000 which is less than it would have cost the City to defend itself. Councilmember Coleman concurred with Mr. Byrne that it was in the City's best interest to support the resolution. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 1 (Blakey) 25. Resolution - 98-740 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1148 Seventh Street West, 596 Wells Street, 1285 Hamline Avenue North, 2188 Beech Street, 905 Westminster Street, 1372, 1390, 1392 Carling Drive, 195 Exchange Street South, 1865 Wilson Avenue #305, 372 Clifton Avenue, 1424, 1428, 1430, 1432, 1434, 1436 Case Avenue, and 1741 1751, 1761 Sims Avenue. Councilmember Lantry moved to lay over the addresses as indicated below. Adopted as amended Yeas - 7 Nays - 0 (1424, 1428, 1430, 1432, 1434, 1436 Case Avenue, and 1741 1751, 1761 Sims Avenue laid over to August 26 for public hearing) August 12, 1998 City Council Summary Minutes Page 5 FOR DISCUSSION 26. Update from Public Health/Property Code Enforcement on the status and progress of the repairs made to property located at 921-927 Selby Avenue. (Requested by the Council on May 27) Councilmember Blakey provided background information stating that this property was scheduled to be demolished and, in the meantime, an interested party came forward who wanted to purchase it. The Council agreed that since progress was being made on the property, an update should be provided. Curt Miller, Department of Planning & Economic Development (PED), appeared and reported that progress is being made by the developer. The developer has secured a commitment from a bank for half of the financing. The staff at PED have a title binder, appraisal, credit information, plans and specs. Based on that information, PED has given the developer a preliminary commitment of $90,000. The developer is presently in the process of obtaining bids and a compliance meeting has been held covering affirmative action, targeted vendor, and federal labor standards. Mr. Miller said a closing within three to four weeks is anticipated on the project and he recommended a 60-day layover. Councilmember Blakey moved to lay over 60 days. Laid over to October 14, 1998. Yeas - 7 Nays - 0 27. Report from the Administration on the prevention of violence in the workplace. (Requested by the Council on August 5) Mary Kearney, Office of Labor Relations, appeared and provided a status report on the "Prevention of Violence Task Force." Ms. Kearney distributed and reviewed handouts on "The Workplace Conduct Policy", a survey which was done at the department level to identify employee concerns about potential areas of violence, and a report by the Mayor up to June 11, 1998 on the activities of the Task Force. The Council requested that the discussion be continued on August 26, 998. MISCELLANEOUS 53. Mayor Coleman's 1999 Proposed Budget Address. The Mayor appeared and gave his budget address DISCUSSION Items (continued) 28. 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 5) Councilmember Harris noted that a number of projects have "slipped" and he has been working with Public Works staff on this issue. Harris felt it was important that there be consistency and that they August 12, 1998 City Council Summary Minutes Page 6 stay as close as possible to the schedule that has been agreed to. If the City stays with the schedule as presented, the cycle will be elongated, Harris said, which is an issue he wants to address. Councilmember Harris moved to lay over two weeks for further review Councilmember Coleman said he would like to know, beyond the budget constraints, what the criteria was for assessing the projects and how the prioritization was done as to which streets would be improved first. The budgetary constraints also have to be considered and if there are certain projects that the City cannot afford to move forward on at this time, they should be looked at. The projects need to be based on objective criteria, Coleman said. Councilmember Blakey said he would like to make sure that the projects scheduled in the next 2-3 years stay on schedule. Councilmember Harris responded to Coleman's remarks saying that Public Works has criteria that they use in determining the projects; however, it's really a budget constraint, he said. Laid over to August 26 Yeas - 7 Nays - 0 29. Resolution - 98-681 - Approving the appointment of Susan Hesse, by Mayor Coleman, to the Saint Paul Human Rights Commission. (Laid over from August 5) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 30. Resolution - 98-717 - Approving a contract with Dennis A. Goldberg & Associates for professional services in the Office of Labor Relations. (Laid over from August 5) Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 31. Resolution - 98-741 - Accepting a grant in the amount of$676,894 from the U.S. Department of Justice, Bureau of Justice Administration, for the Local Law Enforcement Block Grant, and requesting that a date be set for a public hearing on the grant. Councilmember Harris moved to set a public hearing date for September 9, 1998 and approval. Adopted as amended Yeas - 7 Nays - 0 32. Resolution - 98-742 - Approving application for Malt On-Sale (3.2), Wine On-Sale, Entertainment (A), and Restaurant (B) Licenses by Pong Yun Kim, dba Sole Cafe, 684 Snelling Avenue North. (Legislative Hearing Officer recommends approval) Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 August 12, 1998 City Council Summary Minutes Page 7 ORDINANCES 33. Final Adoption - 98-375 - An ordinance to regulate conflicts of interest for City officials and employees who are offered, or leave the City for, private employment. (Amended and laid over from August 5) Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 Suspension Item Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 98-758 - Amending C.F. 98-634, adopted August 5, 1998, to reflect the effective closing date of August 5, 1998 for Jazzville, Inc., 486 N. Robert Street. Adopted Yeas - 7 Nays - 0 The meeting was recessed from 4:33 to 5:30 p.m. Roll Call: Present - 6 Absent - 1 (Harris - arrived later in the meeting) PUBLIC HEARINGS 34. Resolution - 98-743 - Approving application for an Auto Repair Garage License by M & M Auto Repair, 1202 Dale Street North. (ID #19980000471) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 35. Resolution - 98-744 - Approving application for a Second Hand Dealer-Motor Vehicle (1S`) License by Golden Auto Sales, Inc., 1151 Rice Street. (ID #19970000052) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 36. Resolution - 98-713 - Ordering the owner to remove or repair the building at 766 Jackson Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from August 5) No one appeared in opposition; Councilmember Reiter moved to lay over 90 days. Laid over to November 11 Yeas - 6 Nays - 0 (Harris not present for vote) August 12, 1998 City Council Summary Minutes Page 8 37. 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 the August 18 Legislative Hearing provided the vacant building fee is paid) No one appeared in opposition; Councilmember Coleman moved to lay over per the recommendation of the Legislative Hearing Officer. Laid over to August 18 Legislative Hearing and August 26 City Council Hearing Yeas - 6 Nays - 0 (Harris not present for vote) (Harris returned) 38. Resolution Ratifying Assessment - 98-746 - In the matter of summary abatements (property clean- up) for March and April, 1998; boarding-up of vacant buildings for March, 1998; demolition of vacant buildings for April and May, 1998; administrative charges for services performed prior to rehab at 796 Laurel Avenue; and towing of abandoned vehicles for January, February and March, 1998. (File #J9803A, J9803B, J9803C, J9803C1, J9803V) (Legislative Hearing Officer recommends approval with the following exceptions: 741 Van Buren Avenue, 975 Wilson Avenue, 1333 Pacific Street, and 886 East Case Street laid over to August 18 Legislative Hearing and August 26 City Council Hearing) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 39. Appeal of Evergreen Evans to a summary abatement order for property located at 699 Aurora Avenue. (Legislative Hearing Officer recommends denying the appeal) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and to deny the appeal. Appeal Denied Yeas - 7 Nays - 0 40. Appeal of Mary Altman to a summary abatement order for property located at 428 Ohio Avenue. (Laid over from August 4, 1998) (Legislative Hearing Officer recommends denying the appeal and granting an extension to October 1, 1998) No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was recently held on this matter which had been laid over for almost one year. At that time, Guy Willits of Property Code Enforcement indicated that the owner had asked for an extension to October 1, 1998 and the request was granted by Code Enforcement. Mr. Strathman stated that his recommendation ratified what had already been done by Public Health. Mr. Willits said it is a retaining wall matter and is not a life safety issue. August 12, 1998 City Council Summary Minutes Page 9 Councilmember Coleman requested that Public Health staff provide an update in two weeks. Laid over to August 26 Yeas - 7 Nays - 0 41. 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) Paul Hedberg, 339 Irvine Avenue, requested that the Council lay this matter over for approximately eight weeks. He stated that he owns property on Grand Avenue south of the Maui Pacific Townhouses. A resolution pertaining to the preliminary and final plat was adopted by the Council in January, 1998. There were many conditions placed on the resolution to be fulfilled before the plat could be recorded. Mr. Hedberg maintained that none of the conditions have been met to this point and yet the plat was filed on February 19, 1998. He referred to condition #5 "that all existing private easement on the subject property shall be retained in the new plat." He said they have not been retained and they have not been honored by the developers and many people have lost access to their property. Also, a high easement road was built which has been raised 2-1/2 to 4 feet prohibiting access to the Grand Avenue properties. Mr. Hedberg said he was not opposed to the vacation of Western Avenue but Western is being vacated as an adjunct to the easement road that exists and it has been made useless for everyone except the Ramsey Hill Townhomes. Mr. Hedberg again requested that the Council lay over the resolution in order to see if Maui Pacific will solve some of the problems that exist. Also appearing to request a layover for reasons similar to those outlined by Mr. Hedberg were: Pattie Garvey, 343 Grand Avenue, and Tracy Tool, 369 Grand Avenue Phil Byrne, Assistant City Attorney, advised the City Council that the way the resolution reads is that the Council approved the plat with conditions. The resolution before the Council does not specify an order in which the conditions are to be addressed nor does it say that the plat cannot be filed until the conditions are met. Mr. Byrne said the City Attorney's Office would be willing to look into whether there is a remedy for failure to comply with the conditions in the subdivision resolution. He said he was concerned if the Council would take action to prevent the developer from complying with any of the conditions, there may be liability for the City. Councilmember Harris said he felt it was the Council's understanding that the approval was based on the conditions being met. Dennis Guptil, Maui Pacific, appeared. He stated that one of the conditions of their plat being approved was that they petitioned to vacate Western Avenue. He did not recall there being a condition that the vacation be done before the plat was filed. He recalled that there were several public hearings in 1997 and 1998 and everyone was in agreement that once the easement issue was resolved, the neighbors had no objection to the plat being filed. Mr. Guptil said he feels they are close to resolving the issue. August 12, 1998 City Council Summary Minutes Page 10 Phil Byrne said, from the discussion, it appeared that the neighbors want the Council to delay action with the hope of getting some leverage on the private disputes they have. He said he did feel this was an issue at this time because what was before the Council was the vacation which was a condition the Council required the developer to meet. Mr. Byrne felt a two-week layover would be satisfactory and the City Attorney's Office would attempt to determine if there any remedies or if there was failure to meet the conditions. Councilmember Reiter moved to close the public hearing and lay over two weeks. Laid over to August 26 Yeas - 7 Nays - 0 42. Resolution - 98-748 - To consider the vacation of excess right of way along the east side of Dale Street from University Avenue to Minnehaha Avenue. (File #1997-10) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 43. Final Order - 98-749 - In the matter of sidewalk reconstruction at locations in Wards 1, 2, 3, 4, 5, 6 and 7. (File #598085-S98108 and S98110-S98132) The following individuals appeared and spoke in opposition to sidewalk reconstruction: Bonnie Hoberg, 955 Bradley Street Mark Johnson, 901 West Nebraska Avenue Scott Olson 1780 Randolph Avenue Todd Burnes, 1545 Chelsea Street Colleen Fodness, 1539 Chelsea Street Jery Green, representing JD Partners, 900 East Mailand Dennis Karlstad, 925 Nebraska Avenue West Speaking in support of sidewalk reconstruction was: Val Splichal, 2185 Falcon Avenue Councilmember Blakey moved approval with the amendments listed below. Adopted as amended Yeas - 7 Nays - 0 The following address were laid over to August 26: S98095 - Both sides of Carroll Ave. from N. Dale St. to N. Grotto St. S98099 - South side of Randolph Ave. from S. Fairview Ave. to S. Wheeler St. S98091 - Both sides of Chelsea St. from W. Arlington Ave. to W. Hoyt Ave. S98102 - Both sides of Bradley St. from Case Ave. to 951 Bradley St. S98104 - North side of W. Nebraska Ave. from N. Milton St. to N. Victoria St. The following addresses were deleted: S98111 - 2161 Juno Avenue S98122 - 1741 Bohland Avenue August 12, 1998 City Council Summary Minutes Page 11 S98123 - 1741 Rome Avenue S98127 - Delete All 44. 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) Larry Leuth, Department of Public Works, stated that the request for this sidewalk construction was initiated by the Metro Transit. In a letter from John Levine of Metro Transit, he indicated that the bus route on Chester Street has been increased from four to fifteen and he feels a sidewalk is needed on the west side of the street from Plato to Lafayette. Mr. Leuth said that Public Works staff also felt there was a need for a sidewalk in this area, especially because of the winter months and the fact that people have to walk in the street. He noted that the assessment rates were figured for a walk six feet wide but it will actually be five feet wide and the assessment rate would be lower by $2-3 thousand dollars depending on the property. Phil Jungwirth, Senior Vice President with Brown and Bigelow, appeared and spoke in opposition to the sidewalk. He stated that the increase in employment and bus transportation in the area is on the far end of Chester and the Lafayette Freeway, and Brown and Bigelow does not want to put money into a sidewalk which would amount to approximately $15,000. He suggested that additional bus trips be added or a bus stop and shelter be placed on Chester and Lafayette Road. The following individuals appeared and spoke in support of the sidewalk: Susan Jackson, representing East Metro Opportunities Industrialization Center, and a bus driver. John Levin, Metro Transit Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Coleman said he did not feel there was a sufficient assessment from staff to make a decision at this time. Councilmember Coleman moved to lay over two weeks and requested that staff report on their assessment of the situation. Laid over to August 26 Yeas - 7 Nays - 0 45. Final Order - 98-751 - In the matter of installation of a lantern style street lighting system on Selby Avenue from Fairview Avenue to approximately 234 feet east of Fry Street. (ID #18876) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 August 12, 1998 City Council Summary Minutes Page 12 (Benanav left) 46. Final Order - 98-752 - In the matter of condemning and taking of property rights as required for the Jimmy Lee Recreation Center Acquisition and Redevelopment Project. (File #18880) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 47. Final Order - 98-753 - In the matter of the Seventh Place Mall Operation and Maintenance Costs for 1998. (File #18428-98) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 48. Resolution Ratifying Assessment - 98-754 - In the matter of sidewalk reconstruction on Lafond Avenue, Van Buren Avenue, North Grotto Street, Marion Street, and Englewood Avenue. (File #S97001, S97002, S97033, S97034, S97041 & S97042) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) (Benanav returned) 49. Resolution Ratifying Assessment - 98-755 - In the matter of sidewalk reconstruction on St. Josephs Lane, Exchange Street, West Seventh Street, East Seventh Street, West Ninth Street, Livingston Avenue, Winslow Avenue, West George Street and Stryker Avenue. (File #S97004-S97006 & S97044, S97046, S97047) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 50. Resolution Ratifying Assessment - 98-756 - In the matter of Seventh Place Mall Operation and Maintenance Costs for 1997. (File #18428-1997) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 51. Resolution Ratifying Assessment - 98-757 - In the matter of improving White Bear Avenue from Conway Street to Fremont Avenue. (File #18772) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 August 12, 1998 City Council Summary Minutes Page 13 52. Public hearing to consider the preliminary and final plat application of Lenore Miller to allow the property at 1237 Birmingham Street to be subdivided into two lots with single family homes. Councilmember Harris moved to close the public hearing, grant the application, approve the subdivision and adopt the proposed findings in staff report #98-201 dated August 5, 1998. Motion of Intent - Application Granted as noted Yeas - 7 Nays - 0 Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0 ADJ RNED AT 6:45 P.M. 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