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Approved Minutes 6-24-1998 I SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 24, 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 by Council President Bostrom at 3:30 p.m. Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Benanav (excused) CONSENT AGENDA (Items 1 - 32) For Action Nancy Anderson noted that the Office of Licensing requested Item 9 be withdrawn. Nancy Anderson stated she was notified that an amendment had to be made to Item 10, page 24 of the contract to change the year from 1997 to the year 2000. It was agreed to lay the item over one week. Councilmember Coleman requested Item 13 be removed for discussion. Councilmember Harris requested Item 14 be removed for discussion. Councilmember Harris requested Item 15 be laid over two weeks Councilmember Lantry requested Items 18 and 19 be removed for discussion. Councilmember Bostrom requested Items 20 and 21 be laid over one week. Councilmember Coleman moved approval of the consent agenda as amended. Yeas - 6 Nays - 0 1. Claims of Steven Borgfelt, L.J. Haynes, Paul Heath, Scott Henkemeyer, Chia Kue, Daniel Palmquist, Bonnie Papenhausen, John Schmitz, Donovan Soltau, and Justin Williams. Referred to Employee/Risk Management Division 2. Summons and Complaint in the matter of Bankers Trust Company of California, N.A., as Trustee for Vendee Mortgage Trust 1994-1 vs. the City of Saint Paul. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Federal National Mortgage Association vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Erik M. Orosz vs. the City of Saint Paul, et al. Referred to the City Attorney's Office June 24, 1998 City Council Summary Minutes Page 2 5. Letter from the Real Estate Division recommending approval of Ramsey County's request for reclassification of property at 306 Hoyt Avenue East to exempt. (#AT97-6414) Adopted Yeas - 6 Nays - 0 6. Letter from the Real Estate Division announcing a public hearing before the City Council on July 22, 1998 to consider the vacation of Cullen Lane and alley. (#4-1998) 7. Letter from the Real Estate Division announcing a public hearing before the City Council on July 22, 1998 to consider the vacation of that part of Forbes Avenue lying easterly of the east right-of- way line of Smith Avenue and northwesterly of the northwest right-of-way line of West 7th Street to provide parking for the Salvation Army. 8. Administrative Orders: D001563 Addition of$3,959.95 to the contract for Como Park Restroom Restoration. D001564 Addition of$1,080.00 to the contract for Dora Court/Lane & Kennard/Lacrosse Sewer Project. D001565 Authorizing the Department of Fire and Safety Services to pay for costs, not to exceed $6,000.00, for a Strategic Planning Conference on June 9 & 10, 1998. D001566 Addition of$20,788.00 to the contract for Como Park West Picnic Ground Parking Lot and Site Improvements. Noted as on file in the City Clerk's Office 9. Letter from the Office of the City Attorney rescheduling the public hearing concerning the Taxicab Driver's License held by James Coners from June 24, 1998 to July 8, 1998. This matter was withdrawn at this time Yeas - 6 Nays - 0 10. Resolution - 98-508 - Approving the Collective Bargaining Agreement and Memorandums of Understanding between the City of Saint Paul and the Tri-Council Local 120, Local 49 and Local 132. (Laid over from June 17 for adoption) Laid over to July 1 Yeas - 6 Nays - 0 (The contract was amended) 11. Resolution - 98-526 - Supporting the restructuring of Saint Paul Riverfront Corporation, approving an amendment to the Articles of Incorporation of the Saint Paul Riverfront Corporation, and selecting Chris Coleman to be one of the City Council representatives to the Corporation. Adopted Yeas - 6 Nays - 0 12. Resolution - 98-527 - Finalizing City Council action taken May 13, 1998 denying the appeal of Neighborhood Residents (Pat Byrne) to a decision of the Planning Commission approving a special condition use permit to allow a cluster development with ten dwelling units on property located at the southwest quadrant of Lexington Parkway South and St. Clair Avenue. Adopted Yeas - 6 Nays - 0 13. (Discussed after the consent agenda) 14. (Discussed after the consent agenda) June 24, 1998 City Council Summary Minutes Page 3 15. 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 to July 8 Yeas - 6 Nays - 0 16. Resolution - 98-531 - Accepting contributions of Capital City Partnership, Church of the Assumption, Media Rare, and HealthEast for refreshments, music, and a recommitment ceremony for St. Joseph's Hospital on July 8, 1998. Adopted Yeas - 6 Nays - 0 17. Resolution - 98-532 - Approving the following organizations to the eligible list for the 10% Club for 1998: Dayton's Bluff Booster Club, Langford Park Booster Club, McDonough Booster Club, Parkway Little League, Sports For Life, Starlings Volleyball Club, and Volunteers For Eastside Youth. Adopted Yeas - 6 Nays - 0 18. (Discussed after the consent agenda) 19. (Discussed after the consent agenda) 20. Resolution - 98-535 - Requesting Ramsey County to enlarge the Policy Working Board. Laid over to July 1 Yeas - 6 Nays - 0 21. Resolution - 98-536 - Approving appointments to the Policy Working Board. Laid over to July 1 Yeas - 6 Nays - 0 22. Resolution - 98-537 - Approving the Public Works Sewer System Rehabilitation Plan. Adopted Yeas - 6 Nays - 0 23. Resolution - 98-538 - Authorizing the Department of Public Works to apply for a loan from the Public Facilities Authority to finance the 1998 Sewer Rehabilitation Program. Adopted Yeas - 6 Nays - 0 24. Resolution - 98-539 - Accepting Quit Claim Deeds, City to Metropolitan Council, to reconstruct and maintain the MCES Beltline Sanitary Sewer. Adopted Yeas - 6 Nays - 0 25. Resolution - 98-540 - Transferring budget authority from the general contingency to the Saint Paul Public Library to provide the funding necessary to implement the expanded service hours adopted during the 1998 budget process. Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 98-541 - 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, and setting date of public hearing for August 12, 1998. (ID #18876) Adopted Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 4 27. Preliminary Order - 98-542 - In the matter of the seventh Place Mall Operation and Maintenance Cost for 1998, and setting date of public hearing for August 12, 1998. (File #18428-98) Adopted Yeas - 6 Nays - 0 28. Preliminary Order - 98-543 - In the matter of constructing sanitary sewer, water main and service connections in Marillac Lane from McKnight Road to approximately 700 feet west of McKnight Road, and setting date of public hearing for July 22, 1998. (File #18875, 18875W) Adopted Yeas - 6 Nays - 0 29. Resolution Approving Assessment - 98-544 - In the matter of sidewalk reconstruction on Lafond, Van Buren, North Grotto, Marion, and Englewood, and setting date of public hearing for August 12, 1998. (File #S97001, S97002, S97033, S97034, S97041 & S97042) Adopted Yeas - 6 Nays - 0 30. Resolution Approving Assessment - 98-545 - In the matter of sidewalk reconstruction on St. Josephs Lane, Exchange, West Seventh, East Seventh, West Ninth, Livingston, Winslow, West George and Stryker, and setting date of public hearing for August 12, 1998. (File #S97004- S97006 & S97044, S97046, S97047) Adopted Yeas - 6 Nays - 0 31. Resolution Approving Assessment - 98-546 - In the matter of sidewalk reconstruction on Juliet, Randolph, Sheridan, Edgcumbe, Wordsworth, Hubbard, Fry, Asbury, Herschel, Simpson, North Fairview, Montrose Place, and Thomas, and setting date of public hearing for August 26, 1998. (File #S97008-597013, S97036, S97037, S97039, S97049-597051) Adopted Yeas - 6 Nays - 0 32. Resolution Approving Assessment - 97-547 - 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, and setting date of public hearing for August 26, 1998. (File #S97014-597017, S97035, 597052-S97054, S97056- S97062, S97065) Adopted Yeas - 6 Nays - 0 13. Resolution - 98-528 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 359 Maria Avenue, 1494 Rose Avenue East, and 960 Juno Avenue. Councilmember Coleman moved to lay over 960 June Avenue for one week for a public hearing. Adopted as amended Yeas - 6 Nays - 0 14. Resolution - 98-529 - Establishing broad guidelines for the construction, maintenance and operation of City owned, operated and financed buildings and requesting the organization of a task force to develop specific guidelines. Councilmember Harris said he was concerned that this issue does not turn into another bureaucracy. He asked what the task force will look at, if requirements will be put on specific June 24, 1998 City Council Summary Minutes Page 5 buildings, whether the City will encourage that incentives be provided, etc. Councilmember Blakey responded that the City's Building Design group will look at all the issues laid out in the resolution such as mechanical and electrical issues and energy conservation. There will be issues discussed such as up-front costs vs. long-term costs to the environment. The guidelines will come back to the Council for discussion. Council President Bostrom said he would like to see that each Councilmember has at least one appointee to the task force. Councilmember Coleman suggested an amendment to the first "Whereas" which was accepted as friendly. Council President Bostrom said he would like language added to the last "Resolved" on page 2 addressing crime prevention through environmental design as another issue for people to look at. Councilmember Blakey accepted the motions as friendly. Councilmember Blakey moved approval. Adopted as amended Yeas - 6 Nays - 0 18. Resolution - 98-533 - Approving disbursement of Youth Program Funds to the following organizations: Asian Pacific Youth Alliance, Boosters East, Inc., Dayton's Bluff Booster Club, Dunning Boosters, Eastview Booster Club, Girls Are The Future, Jimmy Lee Booster Club, Margaret Booster Club, St. Paul Midway Little League, Snelling/Hamline Community Council, Sports For Life, Starlings Volleyball Club, Twin City Baseball Club, Upper East Side Football Association, Wilder Youth Club, and Youth Express. Councilmember Lantry stated she would abstain from voting on Items 18 and 19 as her husband was the applicant for Conway Booster Club. Councilmember Harris moved to introduce a substitute resolution as a name was omitted. Substitute introduced and adopted Yeas - 5 Nays - 0 Abstention - 1 (Lantry) 19. Resolution - 98-534 - Authorizing the submission and, if awarded, the acceptance, entrance into necessary agreement and administration by the Division of Parks and Recreation of ten grant proposals to the Minnesota Amateur Sports Commission Mighty Kids grant program for youth sports and recreational activities. Councilmember Lantry indicated she would abstain from voting as noted in Item 18. Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 Abstention - 1 (Lantry) June 24, 1998 City Council Summary Minutes Page 6 FOR DISCUSSION 33. Resolution - 98-548 - Declaring the week of June 28 - July 3, 1998 as Amateur Radio Week. Councilmember Blakey introduced and recognized Tom Stem, Past President of the Saint Paul Radio Club, Ed Van Kleeve, Chairman of the Field Day, and Jay Bellows, Vice Director of the Dakota Division of the American Radio Relay League in honor of Amateur Radio Week June 28 through July 3, 1998. Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 34. Taste of Minnesota update by Ron Maddox. Information was provided by Ron Maddox on events that will take place at the Taste of Minnesota. (Coleman left) 35. Resolution - 98-478 - Requesting the Director of the Department of Public Works to work with other City officials to establish boundaries for Residential Daily Hauling Districts and to create a city-wide plan whereby collection of mixed municipal solid waste is conducted on a single day each week that corresponds to the Residential Daily Hauling District specified by an ordinance which will be considered by the Council. (Laid over from June 3) Councilmember Blakey moved to withdrew this resolution. Withdrawn Yeas - 5 Nays - 0 (Coleman not present for vote) 36. Report from the Administration on the steps taken to clean up storm damaged areas and on further needs for appropriations or transfers of budgeted funds to enable complete damage repair. (C.F. 98-483 adopted June 3, 1998) (Report continued from June 17) Bob Piram, Division of Parks and Recreation, appeared and reported that the plan is that as of the end of the work day on July 2 a sweep will have been completed of every street in the City. Many streets had been done once by this date, some were covered twice, and some even three times. The week of July 6 Parks staff will begin removing stumps from the May 15 and May 30 storms as well as broken sidewalk panels and chunks of concrete from the curb. The holes will be filled with black dirt. At this time, there will be no re-sodding. When the areas are completed, a list will be given to Public Works and they will re-do the sidewalk panels. Also during the week of July 6, a date will be selected for the final brush pick-up. Parks will continue to work on the storm damaged trees that require work. The Council requested that the Mayor's Administration provide a report at the July 1 City Council meeting on coordinated efforts between City departments and Ramsey County on storm damage clean-up. June 24, 1998 City Council Summary Minutes Page 7 37. Administrative Order: D001559 Addition of$3,272.66 to the contract for the Arlington-Ruth RSVP project. (Laid over from June 17) Joe Reid, Budget Office, appeared and reported that the cost charged to the Arlington-Ruth Project for the cell phone used by the City Inspector was approximately $800 which averaged about 24 minutes per day. The Budget Office felt this was a reasonable use. Noted as on file in the City Clerk's Office 38. Resolution - 98-549 - Approving Community Bank Proposals for Pilot Neighborhood Lending Partnership. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 ORDINANCES 39. Final Adoption - 98-458 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to delete an obsolete reference to another portion of the Code. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 40. Final Adoption - 98-459 - An ordinance amending the Saint Paul Legislative Code Chapter 369.06; changing the expiration date on Building Trades Business Licenses from December 31 of the year issued to December 1. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 41. Final Adoption - 98-460 - An ordinance to regulate fires, lighted coals and fuels on multi-unit residential balconies and patios. (Substitute introduced June 10) Councilmember Lantry moved to lay over two weeks. Laid over to July 8 Yeas - 6 Nays - 0 42. Second Reading - 98-521 - An ordinance clarifying the intent in Council File 97-1568, an interim ordinance preserving the status quo with respect to advertising signs in the City of Saint Paul pending the completion of action on applications for the adoption of special district sign plans under Saint Paul Legislative 66.216. Laid over to July 1 for third reading/public hearing 43. Second Reading - 98-522 - An ordinance amending Saint Paul Legislative Code Chapter 293 providing for the regulation of railroad locomotive whistles at grade crossings in the City. Laid over to July 1 for third reading/public hearing June 24, 1998 City Council Summary Minutes Page 8 44. First Reading - 98-550 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit the issuance of one temporary wine and one temporary liquor license within the same thirty-day period. Laid over to July 1 for second reading 45. First Reading - 98-551 - An ordinance amending Saint Paul Legislative Code §410.10 to eliminate the limitation on the number of temporary licenses which can be obtained within a thirty-thy period. Laid over to July 1 for second reading 46. First Reading - 98-552 - An ordinance finalizing City Council action approving a petition of Richard E. Eitel to rezone property located at the southwest corner of Larpenteur Avenue and the I-35E frontage road from R-2 to B-3. (Public hearing held May 6, 1998) Laid over to July 1 for second reading Suspension Item Councilmember Coleman moved to introduce the following resolution and approval. Resolution - 98-582 - Settling the property damage claims of Robert Thavis and Juliann Geiss and Ron Schutte and Wendy Schutte against the City of Saint Paul in the amount of$143,800.00. Adopted Yeas - 6 Nays - 0 The meeting was recessed from 4:20 to 5:32 p.m. Roll Call - Present - 6 Absent - 1 (Benanav - excused) PUBLIC HEARINGS 57. Resolution - 98-562 - Concerning adverse action against licenses held by East Side Hospitality, Inc., dba Hillcrest Entertainment Center, 1560 White Bear Avenue. (Uncontested) Councilmember Harris moved to withdraw this resolution as staff advised that the license fees and fines have all been paid. Withdrawn Yeas - 6 Nays - 0 62. 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) Councilmember Coleman moved to lay over to July 22 at the request of Council President Bostrom. Laid over to July 22 Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 9 55. Resolution - 98-560 - Concerning adverse action against the Cigarette License held by John & Paul's Bar, Inc., dba Mateyka's, 731 Randolph Avenue. (Uncontested) Councilmember Coleman moved to withdraw the resolution as the establishment agreed to pay the fine. Withdrawn Yeas - 6 Nays - 0 56. Resolution - 98-561 - Concerning adverse action against the Cigarette License held by Sundance Lanes, Inc., 2245 Hudson Road. (Uncontested) Councilmember Lantry moved to withdraw the resolution as the establishment agreed to pay the fine. Withdrawn Yeas - 6 Nays - 0 58. Resolution - 98-563 - To consider the application of Dwight Dario, General Manager of Compass, Inc., for a sound level variance to allow live music on two stages at Harriet Island on July 9, 1998 from 2:00 p.m. to 10:00 p.m. Councilmember Coleman moved to withdraw the resolution as the event was canceled. Withdrawn Yeas - 6 Nays - 0 47. Resolution - 98-553 - Approving application for an Auto Repair Garage License by Al Transmission, 635 Prior Avenue North. (ID #19970000022) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 48. Resolution - 98-554 - Approving application for an Auto Repair Garage License by Eddie's Truck Repair, 895 Prior Avenue North. (ID #19980000473) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 49. Resolution - 98-555 - Approving application for an Auto Repair Garage License by Sarun Auto Repair and Tire Sales, 601 Rice Street. (ID #19980000076) (This item will be laid over to July 22) Councilmember Reiter moved to lay over to July 22. Laid over to July 22 for public hearing Yeas - 6 Nays - 0 50. Resolution - 98-556 - Approving application for a Second Hand Dealer-Motor Vehicle (1st) License by 3N Enterprise, 1821 University Avenue West. (ID #19980000064) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 51. Resolution - 98-493 - Approving application for a Parking Lot License by Park N Jet, LLC, 2751 Shepard Road West. (ID #19980000405) (Laid over from June 10) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 10 52. Resolution - 98-557 - Concerning adverse action against licenses held by Park N Jet, LLC, 1460 Davern Street. (Uncontested) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 53. Resolution - 98-558 - Concerning adverse action against the Auto Repair Garage License held by Asian Auto Tech, 874 Maryland Avenue East. (Uncontested) The owner of Asian Auto Tech appeared and said he would like to know ahead of time if pictures are going to be taken of his property and he would like to work with the City if there are problems rather than having someone "look over their shoulder." Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Harris left) 54. Resolution - 98-559 - Concerning adverse action against the Cigarette License held by Four Seasons Automotive Service, Inc., 373 Ruth Street North. (Uncontested) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Harris not present for vote) (Harris returned) 55 - 58 (See page 9) 59. Resolution - 98-564 - To consider the application of Joe Fox of the Ramsey Ag. Society Board for a sound level variance for live music on two stages, carnival music, and fireworks at the Ramsey County Fair from 5:00 p.m. to 10:30 p.m. on July 15 & 16, 1998; 12 Noon to 11:00 p.m. on July 17, 1998; 10:00 a.m. to 11:00 p.m. on July 18, 1998; and 10:00 a.m. to 10:00 p.m. on July 19, 1998. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 60. Appeal of Susan Mercurio to a summary abatement order for property at 1005 Jessie Street. (Legislative Hearing Officer recommends denial) Gerry Strathman, Legislative Hearing Officer, stated that this was an appeal to an order to remove parts from a metal shed. The owner appeared at the Legislative Hearing and stated that the parts had been removed; this information was confirmed by staff. No one appeared in opposition; Councilmember Reiter moved to deny the appeal. Appeal Denied Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 11 61. Resolution - 98-565 - Ordering the owner to remove or repair the building at 1171 Minnehaha Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 62. (See page 8) 63. Final Order - 98-567 - In the matter of sidewalk reconstruction on both sides of South Victoria Street from Palace Avenue to James Avenue. (File #S98045) (Laid over from June 10) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 64. Final Order - 98-568 - In the matter of sidewalk reconstruction on both sides of Fernwood Street from W. Hoyt Ave. to W. Larpenteur Ave.; the north side of Front Ave. from N. Milton St. to Kilburn St.; and the east side of N. Hamline Ave. from W. Nebraska Ave. to W. Hoyt Ave. (File #S98026-598028) No one appeared in opposition; Councilmember Reiter moved approval. Adopted Yeas - 6 Nays - 0 65. Final Order - 98-569 - In the matter of sidewalk reconstruction on both sides of Dayton Ave. from N. Syndicate St. to N. Griggs St.; the west side of N. Hamline Ave. from W. Nebraska Ave. to W. Hoyt Ave.; and both sides of Cypress St. from Wilson Ave. to Wakefield Ave. (File #S98034-S98036) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 66. Final Order - 98-570 - In the matter of sidewalk reconstruction on both sides of E. Cook Ave. from Forest St. to Cypress St.; both sides of Forest St. from E. Cook Ave. to E. Jessamine Ave. and the north side of E. Cook Ave. from Mendota St. to Forest St.; and the north side of E. Maryland Ave. from Payne Ave. to Greenbrier St. (File #S98047-598049) Property owners of 1051 Forest Street, 1071 Forest and 915 East Cook appeared with questions and concerns. Larry Lueth, Department of Public Works, suggested these addresses be laid over in order to allow him time to meet with the owners to discuss their concerns. Councilmember Coleman moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 (1051 Forest, 1071 Forest, 915 E. Cook, Laid over to July 1) June 24, 1998 City Council Summary Minutes Page 12 67. Final Order - 98-571 - In the matter of sidewalk reconstruction on both sides of E. Robie St. from Bancroft Ave. to approximately 240 feet east of Bancroft Ave. (File #S98050) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 68. Final Order - 98-572 - In the matter of sidewalk reconstruction on various streets in Ward 3. (File #S98051-S98064) Meg Newell, 1266 Lincoln Avenue, appeared and said her sidewalk is in good condition and does not require replacement. She also said it was her understanding that the sewer would be replaced in the near future and questioned why the sidewalk would be replaced before the sewer work is done. Susan Broadribe, 1258 Lincoln, appeared, and also stated that she did not feel the sidewalk needed to be replaced and questioned how it would affect the sewer separation project. Sandy Fecht, 1524 Osceola Avenue, appeared and said she would like information as to where exactly the reconstruction will occur because she felt there was a discrepancy between the amount of sidewalk footage scheduled to be redone and the actual street addresses listed. Councilmember Harris moved to layover the following locations to July 1: Both sides of Lincoln Ave. from S. Syndicate St. to approximately 360 ft. East of S. Syndicate St. (File #S98055) Both sides of Osceola Ave. from S. Snelling Ave. to S. Saratoga and the west side of S. Saratoga St. from Fairmount Ave. to Osceola Ave. (File #S98057) The north side of St. Clair Avenue from S. Saratoga St. to S. Pascal St. and the south side of St. Clair Ave. from Warwick St. to S. Pascal St. (File #S98060) Adopted as amended Yeas - 6 Nays - 0 69. Final Order - 98-573 - In the matter of sidewalk reconstruction on the east side of N. Dale St. from Ashland Ave. to Laurel Ave. and the west side of N. Dale St. from Ashland Ave to Hague Ave.; both sides of N. Dunlap St. from Sherburne Ave. to Charles Ave. and the south side of Charles Ave. from N. Griggs St. to N. Dunlap St.; both sides of Selby Ave. from N. Milton St. to N. Victoria St.; and both sides of Thomas Ave. from Farrington St. to Marion St. (File #S98065-S98068) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 13 70. Final Order - 98-574 - In the matter of sidewalk reconstruction on both sides of Fry St. from Englewood Ave. to Hubbard Ave.; both sides of Marshall Ave. from N. Howell St. to N. Prior Ave.; and both sides of N. Prior Ave. from Dayton Ave. to Marshall Ave. (File #S98069- S98071) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 71. Final Order - 98-575 - In the matter of sidewalk reconstruction on both sides of E. Jessamine Ave., from Sylvan St. to Jackson St.; both sides of Marion St. from W. Cook Ave. to W. Jessamine Ave. and the south side of W. Jessamine Ave. from Marion St. to Galtier St.; and both sides of Marion St. from Hatch Ave. to W. Lawson Ave. (File #S98072-S98074) No one appeared in opposition; Councilmember Reiter moved approval. Adopted Yeas - 6 Nays - 0 72. Final Order - 98-576 - In the matter of sidewalk reconstruction on both sides of Bush Ave. from Atlantic St. to Johnson Pkwy.; both sides of N. Ruth St. from E. Minnehaha Ave. to Reaney Ave.; and both sides of N. White Bear Ave. from Fremont Ave. to Margaret St.; the north side of E. Fifth St. from N. White Bear Ave. to N. Hazel St.; and the south side of E. Fourth St. from Flandrau St. to N. White Bear Ave. (File #S98075-S98077) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 73. Final Order - 98-577 - In the matter of sidewalk reconstruction on both sides of Jefferson Ave. from S. Fairview Ave. to S. Prior Ave.; and both sides of Jefferson Ave. from S. Finn St. to S. Cretin Ave. (File #S98079-S98080) No one appeared in opposition; Councilmember Harris moved to layover both sides of Jefferson Ave. from S. Fairview Ave. to S. Prior Ave. (File #S98079) one week. Adopted as amended Yeas - 6 Nays - 0 74. Final Order - 98-578 - In the matter of sidewalk reconstruction on both sides of Lafond Ave. from Kent St. to Mackubin St.; and both sides of Hague Ave. from Pierce St. to N. Wheeler St. (File #S98078 & S98081) No one appeared in opposition; Councilmember Lantry moved to layover both sides of Hague Avenue from Pierce St. to N. Wheeler St. (File #S98081) to July 8 Adopted as amended Yeas - 6 Nays - 0 June 24, 1998 City Council Summary Minutes Page 14 75. Final Order - 98-579 - In the matter of sidewalk reconstruction on the north side of W. Rose Ave. from Farrington St. to Virginia St., the west side of Farrington St. from W. Rose Ave. to W. Maryland Ave., and the west side of Farrington St. from W. Geranium Ave. to W. Rose Ave.; the north side of W. Rose Ave. from Matilda St. to Albemarle St.; the south side of W. Rose Ave. from Matilda St. to Woodbridge St., and the wee both sides of Woodbridge St. from W. Rose Ave. to W. Maryland Ave.; and both sides of Virginia St. from W. Jessamine Ave. to W. Rose Ave. (File #598082-S98084) No one appeared in opposition; Councilmember Reiter moved approval. Adopted as amended Yeas - 6 Nays - 0 76. Resolution Ratifying Assessment - 98-580 - In the matter of ratification of assessments for the sanitary sewer in Wiggins Road. (File #18820) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 77. Resolution Ratifying Assessment - 98-581 - In the matter of ratification of assessments for the water main in Wiggins Road. (File #18821) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Council President Bostrom left the meeting at this time and Vice President Harris assumed the chair) 78. Public hearing to consider the appeal of Anoka Metro Regional Treatment Center to a decision of the Planning Commission denying a special condition use permit to allow a licensed human service community residential facility serving 16 residents with psychiatric illnesses at 690 Como Avenue (south side between Dale and Grotto Streets). Phil Byrne, Assistant City Attorney, indicated to the Council and the public that based on Councilmember Reiter's position as an advocate against the Anoka Metro Regional Treatment Center at 690 Como Avenue and his appearance before the Zoning Committee of the Planning Commission as well as other public positions, Mr. Byrne had advised him that in the interest of due process that he would be better served by not participating in the discussion or voting on this matter. Donna Drummond, Department of Planning and Economic Development, provided a staff report. She indicated that the Planning Commission voted to deny the permit application of Anoka Metro Regional Treatment Center on May 22, 1998. The Zoning Committee of the Planning Commission held public hearings on April 16 and May 14, 1998 and voted to recommend denial. The District 6 Planning Council also voted to oppose the special condition use permit. The Planning Commission's reasons for denial included that they felt the establishment of a community residential facility at 690 Como Avenue would remove a well-maintained, affordable and fully occupied apartment building from this neighborhood and reduce the supply of such housing in the City. There are numerous citations from the City's Housing Plan Chapter of the June 24, 1998 City Council Summary Minutes Page 15 Comprehensive Plan in support of that position. The Planning Commission felt that the Department of Human Services did not demonstrate an intensive search for a property that needed renovation and/or within a tax forfeit status for their facility. Human Services felt that establishment of the proposed facility in an apartment building such as this could be seen as improving the surrounding properties and the neighborhood. Staff had recommended approval because, in their opinion, they felt the permit application had met all the conditions listed in the Zoning Code. The Zoning Code permits licensed human service community residential facilities in multi-family zones subject to a condition that they be located at least 1320 feet from another licensed human service community residential facility. The location at 690 Como Avenue met this condition. Special condition uses must also meet general conditions for all special condition uses in the Zoning Code including compliance with the St. Paul Comprehensive Plan, that there be adequate ingress and egress to the site, that the use not be detrimental to the existing character of the neighborhood or endanger public health and safety, that the use would not impede the normal and orderly development in the neighborhood, and that it could meet all other applicable regulations and, in particular, the parking requirements. Staff felt that it met all these conditions and, in particular, the Housing Plan chapter of the Comprehensive Plan contains specific reference to meeting the special housing needs of population groups such as the mentally ill. Staff felt this was a very specific reference in the housing plan and supported the application. Staff also reviewed the State Human Services Licensing Act which regulates these types of facilities and it is the Planning staffs opinion that it gives cities relatively little leeway to deny the facilities in residential zones and that they be treated similar to permitted multi-family uses if the distance requirement is met. The following individuals appeared in support of the appeal: • Theresa Couri, Assistant Attorney General, representing the Anoka Metro Regional Treatment Center • Patricia Siebert, Attorney with the Mental Health Law Project of the Minnesota Disability Law Center • Joe Orlins, 654 Simon Avenue • Henry Watkins, 1905 Stevens Avenue S., Minneapolis • Mary Ellen Radmann, 28 Maywood Place, St. Paul • Steven Rowley, Vice President of the Board of Directors of the Mental Health Consumer Survivor Network of Minnesota, St. Paul. • Dr. Krohn, Chief Executive Officer, Anoka Metro Regional Treatment Center • Bruce Fiell, Psychiatrist in the Community Unit • Paula DeSanto, Program Director The following individuals appeared in opposition to the appeal: • Jim Limoseth ??? 705 Front Avenue • A.J. DeAntonio, Bloomington, MN • John Runchey, 676 Como Avenue • Barbara Christenson, 745 Como Avenue June 24, 1998 City Council Summary Minutes Page 16 Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0 Councilmember Blakey asked if this property will be removed from the tax rolls if the appeal is approved. Donna Drummond replied in the affirmative. Phil Byrne said it was his understanding that the application of the Anoka Metro Regional Treatment Center meets the requirements of the ordinance of State Law. The basis for the denial of the permit by the Planning Commission was reliance on some fairly general language in the Comprehensive Plan relating to provision and maintenance of a range for rental housing. The Fair Housing Act does apply to cities and their administration of zoning ordinances. It invalidates ordinances which have the effect of permitting discrimination which is prohibited by the Act. It also requires cities, as well as others, to make reasonable accommodations in rules, policies, practices, and services when those accommodations are necessary in order to provide handicapped individuals equal opportunity to dwellings. He further advised that the Fair Housing Act does provide for punitive damages and award of attorney fees and costs. Mr. Byrne told the Council that they would have to determine whether or not the reasons given by the Planning Commission were rationally related to a legitimate government purpose and whether or not they were making in their determination a reasonable accommodation of the Comprehensive Plan. He said it could be found that a reasonable accommodation, as required by the Statute, would require the Council to pay more attention to the specific language in the Comprehensive Plan which requires or endorses the availability of housing for handicapped individuals in the City. Whether the specific fmdings of the Planning Commission are in error is for the Council to decide, Byrne said. He suggested that the Council could well find that the reasons given by the Planning Commission were not related rationally to a legitimate governmental purpose and that the course of action was in accord with what he understands the law to be and to grant the appeal. Councilmember Coleman stated that the City has an obligation and duty to provide facilities such as the one being proposed. Failure to do so and to approve the appeal legally puts the City in jeopardy, he said. Councilmember Coleman moved to grant the appeal and to grant the Special Condition Use Permit (SCUP) on the basis that the City Council fmds that there was error in the findings of the Planning Commission in that (1) this use is in conformity with the St. Paul Comprehensive Plan which encourages in Objective 12 the provision of housing for people with disabilities, including those with mental illness, and (2) the reliance of the Planning Commission on general policies in the Comprehensive Plan relating to the maintenance of affordable housing is in error on the particular facts of this case provided, however, that the SCUP is conditioned upon the particular and specific staffing levels recited by the Program Director at the hearing, which are consented to by the said Program Director on behalf of the applicant and which are found to be necessary to protect the health and safety of the persons being served by the program; and further provided, that the applicant may seek a modification of said staffing levels in the future after there has been an opportunity to gain experience with the operation of the program. June 24, 1998 City Council Summary Minutes Page 17 Motion of Intent - Appeal granted with conditions Yeas - 4 Nays - 0 (Bostrom not present; Reiter did not vote per the advice of Phil Byrne, Assistant City Attorney) Councilmember Coleman moved to adjourn the meeting. 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