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Approved Minutes 10-1-1997 I SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 1, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:40 p.m. by Council President Thune. Present - 6 - Blakey, Bostrom, Collins, Megard, Morton, Thune Absent - 1 - Hams (arrived after roll call) CONSENT AGENDA FOR ACTION Councilmember Blakey requested Item #15 be removed for discussion. Councilmember Megard moved approval of the consent agenda as amended. Yeas - 7 Nays - 0 1. Claims of Angela Anderson, Econo Used Cars, Gilbert Motors, Inc., Linda Henrikson, Eric Orosz, Renee Thomas, and Walgreens #866. Referred to Employee/Risk Management Division 2. Letter from the Real Estate Division announcing a public hearing before the City Council on October 8, 1997 to consider the vacation of a portion of East Hyacinth Avenue for development of the Arlington/Jackson Business Park. 3. Letters from Saint Paul Public Health declaring 800 Como avenue, 203 Forbes Avenue, 1561 Jackson Street, 78 Magnolia Avenue West, and 906 York Avenue as "nuisance properties" and setting date of Legislative Hearings for October 7, 1997 and City Council Hearings for October 22, 1997. 4. Letter from Saint Paul Public Health declaring 137 Case Avenue and 502 Lynnhurst Avenue East as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Communications from District Energy St. Paul, Inc., dated September 19, 1997 regarding rate adjustments for district heating and cooling rates. 6. Administrative Orders: D001325 Amending the 1997 budget in the Office of Labor Relations to process payment, not to exceed $1,867.70, to Jerome Barrett for providing training and facilitation on interest based bargaining assistance for the Police Federation and TriCouncil. October 1, 1997 City Council Summary Minutes Page 2 D001326 Addition of$5,000.00 to the contract for Boatwell Construction at Harriet Island Regional Park. D001327 Addition of$13,896.00 to the contract for labor and material for tuckpointing at the Central Library and Hill Reference Library. D001328 Addition of$3,232.00 to the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. Noted as on file in the City Clerk's Office 7. Resolution - 97-1156 - Approving the 1997 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. (Laid over from September 24 for adoption) Adopted Yeas - 7 Nays - 0 8. Resolution - 97-1196 - Approving the May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers Local 34 and Sprinkler Fitters Local Union No. 417. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 9. , Resolution - 97-1197 - Approving the July 1, 1997 through June 30, 2000 Maintenance Labor Agreement between the City of Saint Paul and International Union of Elevator Constructors, Local 9. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 10. Resolution - 97-1198 - Approving the 1997-1998 Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757 - Legal. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 11. Resolution - 97-1199 - Approving the appointment of Delores Williams Henderson and the reappointments of Eearle F. Kyle, IV and Richard N. Vang, by Mayor Coleman, to the Saint Paul Human Rights Commission. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 12. Resolution - 97-1200 - Approving the reappointment of Barbara Lukermann, by Mayor Coleman, to the District Energy St. Paul, Inc. Board of Directors. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 13. Resolution - 97-1201 - Approving the appointment of Susan Schmidt, by Mayor Coleman, to the Centra Ramsey Watershed Management Organization. (To be laid over one week for adoption) Laid over to October 8 for adoption Yeas - 7 Nays - 0 14. Resolution - 97-1202 - Accepting a donation in the amount of$500.00 to the St. Paul Police Department D.A.R.E. Unit from the K-Mart Corporation Adopted Yeas - 7 Nays - 0 15. (Discussed after the consent agenda) October 1, 1997 City Council Summary Minutes Page 3 16. Resolution - 97-1204 - Transferring funds from the Office of the City Council, Civic Organization Partnership Program (COPP), to the Division of Parks and Recreation for Environmental Education Programs and the Valley Recreation Center Literacy Program. Adopted Yeas - 7 Nays - 0 17. Resolution - 97-1205 - Authorizing the City of Saint Paul to enter into a sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety to recover costs incurred for flood incident dating from March 21 through May 15, 1997. Adopted Yeas - 7 Nays - 0 18. Resolution - 97-1206 - Authorizing the City of Saint Paul to enter into a sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety to recover costs incurred for flood incident dating from June 28 through July 27, 1997. Adopted Yeas - 7 Nays - 0 19. Resolution - 97-1207 - Establishing the financing and spending plan contained within the State hazardous materials response contract. Adopted Yeas - 7 Nays - 0 20. Resolution - 97-1208 - Accepting a gift from Twin Cities Neighborhood Housing Services for Katy Lindblad, Department of Planning and Economic Development, to attend a training course in Los Angeles, Ca. Adopted Yeas - 7 Nays - 0 21. Resolution - 97-1209 - Approving a Registered Land Survey for a portion of the property at 300 Broadway Street. Adopted Yeas - 7 Nays - 0 22. Resolution - 97-1210 - Authorizing the Saint Paul Human Rights Department to retain the services of Barbara Neilson at the rate of$89.00 per hour for services as law officer relative to the Thane Hawkins Polar Chevrolet Civil Enforcement Hearing. Adopted Yeas - 7 Nays - 0 23. Resolution - 97-1211 - Accepting donation of a parcel of land on the southeast corner of East Hoyt Avenue and Ruth Street from the land owner, Rose Timmers, for inclusion in Furness Parkway. Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 97-1212 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Thomas/Mackubin Area Street Paving and Lighting Project, and setting date of public hearing for November 26 1997. (File #18852-com) Adopted Yeas - 7 Nays - 0 October 1, 1997 City Council Summary Minutes Page 4 25. Preliminary Order - 97-1213 - In the matter of improving streets with a new bituminous roadway, construction of concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete said improvements for the Thomas/Mackubin Area Street Paving and Lighting Project, and setting date of public hearing for November 26, 1997. (File #18852) Adopted Yeas - 7 Nays - 0 15. Resolution - 97-1203 - Setting a public hearing date for Wednesday, October 22, 1997 on the use of Local Law Enforcement Block Grant funds. Councilmember Blakey requested that at the hearing on October 22 information be provided by the Police Department on the proposed uses for the funds. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 MISCELLANEOUS 46. Citizen Commendation presentation by Chief William Finney, Saint Paul Police Department, with regard to an accident involving Officer Mike Reuvers. Chief Finney presented the "Chief's Award for Merit" to citizens Jonathan Spicka, Steve Davidson, and Adam Lynn for assisting Officer Reuvers who was injured while directing traffic for the St. Paul School District near Como Senior High School in May, 1997. FOR DISCUSSION 26. Resolution - 97-1152 - Establishing the 1998 Residential Street Vitality Program assessment rates. (Laid over from September 17) Councilmember Blakey moved approval. Councilmember Hams said there are often issues with regard to sod replacement on boulevards by constituents when street paving projects are completed, people are charged a certain amount per foot for the project, sod is laid, people maintain it and if it dies within 30 days it may be replaced but after 30 days the property owner is billed for replacement. Mr. Harris questioned whether the the 30-day time frame was adequate and said he felt there should be performance standards. Public Works Staff responded that the sod is inspected by Public Works after 30 days and if it's green and growing they accept it and if it's in a weak state, it is replaced. He felt the 30 days guarantee period was adequate. During the 30 days period, the contractor waters the sod so it is given a good chance to grow. Councilmember Collins also expressed concern with the way the sod issue is handled when there is a problem with it. He moved to lay over two weeks and requested that Public Works come back with a plan for addressing citizen complaints. October 1, 1997 City Council Summary Minutes Page 5 Councilmember Harris said he feels the problem is with the quality of the sod, how it is put down, and that the contractors should be held to certain performance standards Laid over to October 15 Yeas - 7 Nays - 0 27. Resolution - 97-1214 - Approving the 1998-1999 Saint Paul-Ramsey County Community Health Services Plan Update and the 1998-1999 Indian Health Grant for Saint Paul and Suburban Ramsey County. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 28. Resolution - 97-1215 - Preserving the status quo with respect to the use of property in the area commonly known as the Shepard Road - Davern Street Area pending completion of studies of possible amendments to the City of Saint Paul's Comprehensive Plan and Zoning Ordinance. Councilmember Harris provided background information. He noted that the Shepard-Davern Area was considered in the 1997 budget deliberations. Neighboring residents have worked on a development plan in conjunction with some of the property owners in this area, residents, neighborhood business people, and people from the district council. In July, 1997 the district council asked the Planning Commission to move quickly to approve their request for a 40-acre study. In August the Planning Commission discussed the issue and voted to move ahead with a 40-acre study small area plan for the designated area. In 1997 the Legislature made a decision to keep the airport at its present location. One of the effects of that decision is a shortage of parking. Therefore, some of the rental car facilities will have to look for new space outside of the airport proper for maintenance and other operations. Councilmember Harris said he has been working with the City Attorney's Office and looking at options. They came up with a moratorium plan in certain zoning districts for a period of time. There is presently no conclusion on what the best use of the land is and that is why there is a study in process. Councilmember Harris said the purpose of the moratorium is to protect and prevent what is known could happen with the expansion of the airport in its current location and take some time to consider what the best use of the land is. Peter Warner, Assistant City Attorney, added that the purpose of the moratorium would be to provide an opportunity for the City to complete the planning process as is presently underway with the 40-acre study for the Shepard-Davern area. If the planning process shows that changes should be made to the comprehensive plan and the zoning code, those recommendations would come before the City Council. The moratorium would allow the planning process to proceed and to control land use on certain areas that are designated in the resolution which would be I-1 industrial areas and potential B-4 or B-5 zoning districts. Councilmember Blakey asked if the moratorium has an impact on existing businesses. Mr. Warner responded that the language in the resolution is designed to restrict expansion of structures in the area so if someone was considering an addition to a building, the present language would restrict the expansion. October 1, 1997 City Council Summary Minutes Page 6 Councilmember Megard asked what would happen to the I-1 uses that are currently there if a moratorium is put in place, a planning study goes forward and there is a decision to down-zone land use. Peter Warner responded that generally what happens when a 40-acre study is completed and rezonings come out of it, if there was an I-1 parcel of property and the City Council approved the re-zoning, the existing use on the property would become a legal non-conforming use. Ken Ford, Department of Planning and Economic Development, said with respect to the status of the planning effort for the area, the Planning Commission has adopted a resolution initiating a small area plan. The task force has been almost entirely appointed to guide the study, and the Highland Area Community Council has scheduled a kick-off meeting for the community on October 14, 1997 to start the process. Shawn Bartsh, president of the Highland Area Community Council (HACC), appeared and stated she has been involved in the process of initiating the 40-acre study and the gateway project. She pointed out that the suggestion for a moratorium was made after a lot of consideration and thought. Ms. Bartsh provided history on the process of the 40-acre study. She said the HACC feels car rentals should be at the airport and not in neighborhoods and encouraged support of the moratorium. Complaints about Alamo Car Rental have included excessive traffic, noise, fumes and aesthetics. (Thune left; Blakey assumed the chair) Councilmember Megard asked Ms. Bartsh if she was aware that even with a 40-acre study, the I-1 use that is now there will continue as a non-conforming use. Ms. Bartsh responded that she felt the study would still have a positive impact in that the community can provide input. The process can have an impact as to how it's implemented, what the uses are or where. Without the moratorium the community has no opportunity for input. Ken Ford said the target date for completion of the study is April or May, 1998. Cy Kaster, member of the 40-acre task force study, appeared and indicated that he felt the moratorium is critical. People living in the vicinity are very concerned and should be allowed input. Judy Mickelson, 2298 Rockwood Avenue, expressed concern about Alamo trucks traveling her street and speeding and said she does not want to lose the neighborhood and their homes over this. Louis Zampino, 1401 Davern Street, appeared and spoke in opposition to the moratorium saying he feels his property will maintain its value better if the area is zoned commercial or light industrial. A moratorium will impede progress and will not help the tax base he said. (Thune returned during the following discussion) October 1, 1997 City Council Summary Minutes Page 7 Rolf Middleton, 2265 Youngman Avenue and owner of a business at 1370 Davern Street which would be subject to the moratorium, appeared and spoke against the moratorium saying he has invested a substantial amount of money in improvements to his property. He said he was not aware of the proposed moratorium and the property owners should have had an opportunity for input. Larry Hassler, President and Chief Executive Officer, Pearson Candy Company, 2140 West 7th Street, appeared. He noted that he was not aware of the proposed moratorium until late the previous day. Pearson Candy owns their land and there are plans to expand the office facility and the warehouse facility. Therefore, he had great concerns with a moratorium and that the City would restrict him from creating new jobs. Council President Thune questioned how long the moratorium would last. Peter Warner responded that the language in the resolution says it would last for twelve months or a shorter period if the Council makes its final recommendations. The law provides that any moratorium can be extended by action of the Council for an additional 18 months. Mr. Thune further asked if the moratorium could be lifted for a particular business if it is felt it is in the best interest of the City. Mr. Warner said he did not have an answer but he could provide an answer after researching the issue. Win Borden, representing Hertz Corporation, requested a layover until the affected parties know how they will be affected. Jim Ca1pin, Hertz Corporation, said the site would be used mainly for storage and light maintenance. Vehicle rentals would take place at the airport The Council questioned Mr. Calpin if Hertz would be landscaping and beautifying the property to which he applied in the affirmative. John Cherry, City Manager for Hertz in Minneapolis & St. Paul, said Hertz is held to a much higher standard than Alamo and they would increase the standards in the neighborhood. He said they are willing to meet with community members, council members, etc. to discuss the issue. Laura Deuberry, 2265 Youngman Avenue, President of the Regency Condominium Association, appeared and spoke in support of the moratorium. Michael Morris, General Manager of Alamo Rent-a-Car, appeared and spoke against the moratorium saying they want to expand the lot and make some improvements. Lynda Berry, 760 Tuscarora, resident and business owner in the West 7th Street area, said the moratorium would limit businesses from making improvements and it may do more harm than good to existing businesses. Jim Erickson, Larkin, Hoffman Law Firm, appeared on behalf of JLT and Jerry Trooien. He said however well intentioned the proposal is, it is counter-productive. It comes from a concern about October 1, 1997 City Council Summary Minutes Page 8 the possible impact of additional land uses in this area. The discussion has been directed at two or three parcels which total about 40 acres. He said it is not actually a 40-acre study but is aimed at particular parcels. Jerry Trooien, owner of the 22-acre site which was the former Unisys plant, appeared. He asked if this land would be included if the zoning was down-zoned. Pam Wheelock, Department of Planning and Economic Development, said she felt the gist of the issue would revolve around whether the desired development or improvement was determined to be an expansion of a legal or non-conforming use. The proposal would have to be evaluated to determine if it was to be regarded as an expansion of a non-conforming use. Peter Warner said if the area were down-zoned, it would still be a legal non-conforming use. The City Code would have to be looked at which specifically addresses whether or not it would be an expansion of a non-conforming use and there is a set of criteria that the planners would look at to make that determination. The question cannot be answered unless it is known what the proposal is, he said. Mr. Trooien questioned why it is assumed there has to be a moratorium prior to discussions by the task force. He questioned whether residential building could actually take place on this land and said if it was viable for retail it would have already happened. The airport is a critical part of St. Paul and using this land as a satellite for parking cars away from the airport may be the best use. Mr. Trooien said a lot of money has been invested in the former Unisys building and the intent is to invest more as well as provide many jobs. They are also considering building a hotel in this area. Pam Wheelock said the Department of Planning and Economic Development has worked extensively with the neighborhood, planning for a 40-acre study, talked with housing developers and encouraged them to look at the Shepard-Davern area, and she has attended Highland Community Council meetings to talk about a 40-acre study. In the course of events there was a shared perspective in November-December of 1996 that the area around the Shepard-Davern intersection was considered under-utilized property. There was a growing concern, however, with what is generally regarded as an interim use which is a predominance of surface parking, she said, and a common perspective that there were better, long-term permanent uses for this property. It is a highly accessible site and is a mixed use neighborhood. Interest in the community and the quality of life is best served where there is a vital mix and a synergy between residential and business interests, Wheelock stated. Ms. Wheelock continued by saying that in a collaborative fashion there was discussion about initiating a 40-acre study. It is clearly understood that the airport is a growing airport, the use is increasing and they have their own site restrictions and constraints. The Metropolitan Airports Commission determined that many of the rental functions should be moved. At that point, Councilmember Harris started to think about opportunities that would ensure that planning could continue with more permanent uses of the land. The moratorium was then considered which is a tool that is available to the public sector to assist them in planning for orderly development in the October 1, 1997 City Council Summary Minutes Page 9 way that achieves a good quality of life in the community. Ms. Wheelock said from her perspective it's a question of whether this tool should be used. To evaluate that question, department staff discussed it and asked different questions. There are questions about the nature of the study. When it is not with the willing participation of the business and residential property owners, it changes the nature of the study. Assuming the study is completed, there are questions about inability to rezone so any presumptions about a change to residential zoning or B-2 or B-3 zoning is a question, it is not a guarantee. Even if there is rezoning, it would be a legal non-conforming use and there is no guarantee that anything done as part of a planning process will change the way the property is used five years from now. Any presumption that by completing the study it will change the current use of the property, at least in the near term, is questionable and perhaps even for the long term. It may not mean that the Council can stall what may be deemed not the best use of the property. Ms. Wheelock said that though the Council may change some opportunities that currently exist for the property owners, there is nothing to say that if the property is not rezoned that a car rental business cannot come in after the moratorium expires. Even if it were rezoned to B-3, it is still permitted use with a special condition use permit and there is some question as to under what conditions could a community or city council or planning commission deny things. With regard to the question of what kind of other opportunities for redevelopment there are, the site has been shown to housing developers. There is some interest because of the access and the location but it is a very costly site. After the property was vacated by the previous owners, the community has had an interest to acquire the property for redevelopment. However, without a private developer as a partner and given the density that would be needed to accomplish on a challenging site, there is no reason for assurance that PED would ever recommend in the foreseeable future a housing development and an acceptable level of public participation. There is no clear, viable redevelopment opportunity that PED is ready to recommend at this time or to recommend at a level of public participation that is felt to be acceptable. Therefore, they are also not recommending that PED intervene in this transaction and make an effort to acquire the property on behalf of the public entity itself, Wheelock said. The viability of residential development is a problem, Wheelock said. The Council is then faced with the question of under what circumstances is it appropriate for the public entity to intervene and stop the transaction in the market place where it is an allowable use under existing law and where it was assumed when the transaction of the property occurred. Because of the discussions held at a staff level on the previous questions, Ms. Wheelock said they cannot recommend that the Council put in place a moratorium. Councilmember Harris amended the resolution to decrease the time of the moratorium to eight months. The focus of the 40-acre study has always been on the gateway in that part of the City and the original intention was not to extend it that far. He asked that the scope of the study be narrowed. He said his perspective has been that a permanent moratorium not be done but only while a planning process is in place. He said he feels the City should try to take an opportunity to change October 1, 1997 City Council Summary Minutes Page 10 the area keeping in mind the neighborhood, the long-term effects, and what impact it might have on some of the surrounding businesses for the period of time the moratorium would be in place. Councilmember Harris moved to change the moratorium to eight months and requested that Ken Ford, Department of Planning and Economic Development, reconsider the boundaries and that the 40-acre study exclude some of the properties that are not in the principle area. Further discussion ensued and Councilmember Bostrom moved to lay over two weeks for addition work saying he did not feel the boundaries should be adjusted at this time, and the inclusion of Councilmember Harris' motion. Amended and laid over to October 15 Yeas - 4 Nays - 3 (Collins, Harris, Megard) The meeting was recessed at 6:40 p.m. and resumed at 7:08 p.m. Present - 5 Absent - 2 (Harris, Thune) PUBLIC HEARINGS 34. Resolution Ratifying Assessment - 97-1217 - In the matter of the Morgan/Edgcumbe Area Street Paving and Lighting Project. (File #18834) (Public hearing will be continued to October 8) Laid over to October 8 for continuation of public hearing Yeas - 5 Nays - 0 (Harris & Thune not present for vote) 35. Resolution - 97-1171 - Approving application for an On Sale Malt (Strong Beer) License by Ruam Mit Thai Cafe, 475 St. Peter Street. (ID #89316) (Laid over from September 24) Kris Schweinler, Office of License, Inspections and Environmental Protection, appeared and stated that the applicant requested that the resolution be withdrawn at this. Withdrawn by Council President Thune later in the meeting. 36. Resolution - 97-1218 - Approving application for Cigarette, Restaurant (B), Gambling Location (A), Entertainment Class B, Sunday On-Sale Liquor and Liquor On-Sale (A) License by KMF-I, Inc., dba Kathleen's, 1178 Arcade Street. (ID #27036) No one appeared in opposition; Councilmember Bostrom moved to introduce a substitute resolution, which placed conditions on the license, and moved approval. Substitute introduced and adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) 37. Resolution - 97-1219 - Approving application for a Parking Lot/Ramp License by Apcoa Inc., 143 Kellogg Boulevard West. (ID #68541) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) October 1, 1997 City Council Summary Minutes Page 11 38. Final Order - 97-1220 - In the matter of the operation and maintenance costs for the Arcade/Case parking lot and the Immaculate Heart of Mary parking lot from January 1, 1998 to December 31, 1998. (File #18744 & 18746) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) 39. Resolution Ratifying Assessment - 97-1136 - In the matter of the assessment of benefits, cost, and expenses for improving Ohio Street from George Street to Annapolis Street. (File #18800) (Laid over from September 10) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) 40. Resolution Ratifying Assessment - 97-1221 - In the matter of the Seventh Place Mall Operation and Maintenance costs for 1996. (File #18428-1996) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) 41. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 97-1222 - In the matter of condemnation and taking of a permanent easement for right-of-way purposes in connection with the April 27, 1982 vacation of East Idaho Avenue. (File #18845) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 5 Nays - 0 (Harris & Thune not present for vote) (Harris and Thune arrived) 42. Resolution Ratifying Assessment - 97-1223 - In the matter of the assessment of benefits, cost, and expenses for boardings-up of vacant buildings from June 9 to June 28, 1997, and summary abatements (property clean-up and grass cutting) through mid-July 1997. (File #J9710B, TDBC97) (Legislative Hearing Officer recommends approval with the following exceptions: 613 Minnehaha Avenue East - Laid over to October 7 Legislative Hearing and October 22 City Council meeting; and 862 Galtier Street - Assessment reduced to $140.00 ($100.00 + $40.00 service charge) Gerry Strathman, Legislative Hearing Officer, stated that the owner of 1571 Maryland Avenue East was present regarding an assessment. A Legislative Hearing was held on September 16, 1997, no one appeared and based on that, Mr. Strathman recommended approval of the assessment. The owner of the property appeared and stated that he sent in the green card and did not receive a response. He raised an issue with the timeline from when the notice was mailed and the time he had to appeal saying he was not allowed adequate time. Councilmember Bostrom moved to refer 1571 Maryland Avenue East to the Legislative Hearing Officer. October 1, 1997 City Council Summary Minutes Page 12 Adopted as amended (per recommendation of the Legislative Hearing Officer) and 1571 Maryland Avenue referred to Legislative Hearing Officer. Yeas - 7 Nays - 0 43. Resolution Approving Assessment - 97-1224 - In the matter of summary abatements (property clean-up) for July 1997; boardings-up of vacant buildings for July 1997; cost to install snowfencing along the east property line of 393 Sherburne Avenue; collect expenses involved for towing abandoned vehicles from properties for 1996; and summary abatements (property clean-up) for July through mid-August 1997. (File #TDBC1097, J97101B, JSUMISCA, J9710V, J9710A) (Legislative Hearing Officer recommends approval with the following exceptions: 747 Central Avenue West - delete assessment; and 694 Sims Avenue - Laid over to October 7 Legislative Hearing and October 22 City Council meeting) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 44. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue. (Legislative Hearing Officer recommends denial) (Laid over from August 20) Councilmember Blakey moved to lay over to October 22, 1997. Laid over to October 22 Yeas - 7 Nays - 0 45. Resolution - 97-1225 - Accepting Easement Agreement: City (Parks) to Metropolitan Council Environmental Services. No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 ORDINANCES 29. Final Adoption - 97-1089 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 30. Second Reading - 97-1166 - An ordinance amending the Saint Paul Legislative Code Chapter 166 by adding new sections creating a residential street permit parking district in the Irvine Park neighborhood. Laid over to October 8 for third reading/public hearing. 31. Second Reading - 97-1167 - An ordinance amending the Saint Paul Legislative Code Chapter 166 by adding new sections creating a residential street permit parking district along Grand Avenue between Dale Street and Ayd Mill Road. Laid over to October 8 for third reading/public hearing. October 1, 1997 City Council Summary Minutes Page 13 32. Second Reading - 97-1168 - An ordinance granting authority to the Port Authority of the City of Saint Paul to issue bonds in the principle amount not to exceed $14,650,000 for the redevelopment and remediation of the Citgo site for Plastics, Inc. Laid over to October 8 for third reading/public hearing. Yeas - 7 Nays - 0 33. First Reading - 97-1216 - Preserving the status quo with respect to the use of property in the area commonly known as the Shepard Road - Davem Street Area pending completion of studies of possible amendments to the City of Saint Paul's Comprehensive Plan and Zoning Ordinance. Councilmember Harris moved to lay over two weeks. Laid over to October 15 for continuation of first reading.. Councilmember Megard moved to adjourn the meeting. ADJOURNED AT 7:30 P.M. Dan Bostrom, Council President ATTEST: Minutes approved by Council Nancy Ande 1 -{ Assistant Council Secretary mce NI 14 , 2/ C\ 1 P ' c - k\‘„ t .,4 ( -, 4 A_I__: ,-,..: ,,,, tii. 4. ,, ,,i ,_) 0 IL. ._, L 1 N z U . h oft pr = s tu l'N I-1 2c-k7 ‘i.' pc ' , --`) 1 f ,@, ,,, p.T4 6 r .. s; t -7 - Q 0, ,.4 r-'4 d- i 1) j:j = .. en 6 ck,c- . h.__ 4; , . . 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