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Approved Minutes 4-23-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 23, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order by Acting Chair Harris at 3:41 p.m. Present - 5 - Councilmembers Blakey, Bostrom, Harris, Megard, Morton Absent - 1 - Thune (arrived shortly after the consent agenda) Vacancy - 1 - Ward 5 (Appointment of Joseph Collins to Ward 5 Seat was made later in the meeting) CONSENT AGENDA Councilmember Megard requested Item#21 be removed for discussion. Councilmember Bostrom moved approval of the Consent Agenda as amended. Yeas - 5 Nays - 0 The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for consideration of the Consent Agenda. Present - 5 Absent - 1 (Thune) The HRA meeting was recessed and the City Council meeting resumed. FOR ACTION 1. Approval of minutes of March 12, 1997 and March 26, 1997 Closed Door Session (laid over from April 16) and March 19,1997. Adopted Yeas - 5 Nays - 0 2. Claims of Azukaego Aghenu, Shawn & Lucille Huckleby, Alesia Smith, Kathleen Stuart, Toltec Company, Douglas Vaughn, and Jiles Wanna. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Jane Doe 10 vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Third Party Summons and Complaint in the matter of James F. Helm and Deborah A. Helm vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Plaintiff's Rebuttal Answer to Strike the Defendant's Motion for Summary Judgment in the matter of Patrick A. Carlone and John P. Carlone vs. David Thune. Referred to the City Attorney's Office April 23, 1997, City Council Summary Minutes Page 2 6. Letter from the Real Estate Division announcing a public hearing before the City Council on May 14, 1997,to consider a petition to vacate a vacant lot lying between 1476 Selby Avenue and 1490 Selby Avenue. 7. Letters from Saint Paul Public Health declaring 85 Litchfield Street, 600 Selby Avenue, and 1147 Virginia Street"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Communication from Saint Paul Animal Control dated April 14, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 9. Resolution- 97-406 -Approving the appointment of Charles Senkler, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment(STAR)Program Board of Directors. (Laid over from April 16 for adoption) Adopted Yeas - 5 Nays - 0 10. Resolution- 97-415 - Approving the July 1, 1996 through June 30, 1998 Labor Agreement between Independent School District No. 625 and International Union of Operating Engineers Local 70. (To be laid over one week for adoption) Laid over to April 30 for adoption 11. Resolution- 97-416 - Finalizing City Council action taken April 2, 1997, concerning adverse action against licenses held by Thanh Ngoc Nguyen, dba Cafe Karaoke do Thanh, 1275 University Avenue West. Adopted Yeas - 5 Nays - 0 12. Resolution- 97-417 - Finalizing City Council action taken April 2, 1997, concerning adverse action against licenses held by E & K Corporation, dba Checker's Nite Club, 1066 East Seventh Street. Adopted Yeas - 5 Nays - 0 13. Resolution- 97-418 - Establishing spending authority in the Police Department for ongoing confidential homicide investigations. Adopted Yeas - 5 Nays - 0 14. Resolution- 97-419 - Approving a program to "recycle"tax-exempt mortgage revenue bonding authority from previous joint Saint Paul/Minneapolis single family housing programs. Adopted Yeas - 5 Nays - 0 15. Resolution- 97-420 - Authorizing City staff to begin negotiations with CMC Heartland Partners for the purchase of property in the vicinity of Pigs Eye Lake. Adopted Yeas - 5 Nays - 0 16. Resolution- 97-421 - Requesting an extension of time to complete work being done on a building at 916 East Rose Avenue. Adopted Yeas - 5 Nays - 0 April 23, 1997, City Council Summary Minutes Page 3 17. Resolution- 97-422 - Holding harmless Macalester College when the City sponsored Macalester- Groveland Track Club uses the running track at Macalester. Adopted Yeas - 5 Nays - 0 18. Resolution- 97-423 -Accepting an invitation from the Science Museum of Minnesota to attend a kick-off event, The Great Concrete Pour, on April 29, 1997. Adopted Yeas - 5 Nays - 0 19. Resolution- 97-424 -Approving payment of$10,000.00 to Michael and Melinda Miller in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 5 Nays - 0 20. Resolution- 97-425 -Approving payment of$7,349.52 to State Farm Insurance, as subrogee for Mary and Thomas Scanlan, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 5 Nays - 0 21. (Discussed after the Consent Agenda) 22. Resolution- 97-427 -Approving conveyance of the Mississippi Outlet Branch, including easement rights, and approving the maintenance agreement for the Beltline Storm Sewer Interceptor including the Mississippi Outlet Branch. Adopted Yeas - 5 Nays - 0 23. Resolution- 97-428 -Amending C.F. #95-729, vacating Willius Street bounded by vacated East Eighth Street and East Seventh Street. Adopted Yeas - 5 Nays - 0 21. Resolution- 97-426 - Accepting the Saint Paul Community Development Agenda, 1996-2001. Councilmember Megard moved to amend the resolution to indicate that the agenda should be referred to the Planning Commission for review and that it will come back to the Council on April 30, 1997. Adopted as amended Yeas - 5 Nays - 0 FOR DISCUSSION 26. Administrative Orders: D001198 Amending the 1996 budget in the Police Department by transferring money to provide sufficient funding at the budgetary control levels. D001210 Amending the 1996 budget in the Office of the Mayor by transferring funds from object codes where there was a surplus to cover object codes where there was a shortfall. D001212 Amending the 1996 budget in the Office of License, Inspections, and Environmental Protection to balance the Special Fund Budget. (Laid over from April 16) Noted as on file in the City Clerk's Office April 23, 1997, City Council Summary Minutes Page 4 28. Resolution- 97-430 -Authorizing the use of$100,000.00 of available City resources for the YES! (Youth Employment Services) Program in 1997 through 1998. Councilmember Blakey gave direction to staff to find $100,000 to hire job coaches saying that adults and mentors are needed to help young people understand how to hold a job. Jacqui Shoholm, Department of Planning and Economic Development, appeared and stated administration of the program will occur at the Workforce Center. There will be locations throughout the City connected by computer to the downtown location. Councilmember Megard stated Community Development Block Grant(CDBG) administrative money has been used and there is money from last year that may be available. (Morton left) Councilmember Blakey moved a one week layover. Laid over to April 30 Yeas - 5 Nays - 0 (Thune not present for vote) 29. Report from the Administration on the progress of the Electronic Computerized License Inspection and Permit System(ECLIPS) (Thune arrived and assumed the Chair) Robert Kessler, Director of License, Inspections, and Environmental Protection(LIEP), appeared and distributed information to the Council. He explained that ECLIPS is a one stop application system designed to improve service. The cost of the "ideal" system was up to $6 million. The system the City purchased will not provide everything but is still a good one. It can be enhanced and improved without a consultant. Martha Larson, Department of Technology and Management Services, appeared and provided a general description of the project. The modules work in tandem; the power builder piece is in the marketplace and has a data base that is in the City already. And, there are warranty provisions in the contract. Robert Kessler said they are seven months behind schedule but the project is not over budgeted. The people that will be using the system have been working on the project. Councilmember Blakey asked if there was a team of people in the decision process. Mr. Kessler responded each model had a team of people. Mr. Blakey asked if other cities have an ECLIPS. Mr. Kessler responded no one has put together an integrated system like this; it is custom built. In answer to questions by Mr. Harris, Robert Kessler responded that he and LIEP staff are responsible for the system and the $1.1 million budget is phased over four years. Mr. Harris stated Phase 4 is not budgeted and he is concerned about the technical process and that the project is seven months behind. He requested there be a regular report on this project. Marsha Larson stated if the original estimated is not agreed upon,there are options: push the time line out, give more money, etc. April 23, 1997, City Council Summary Minutes Page 5 Councilmember Harris requested an update be provided in two months as well as a payroll update. It was agreed that updates by the Administration will be provided every eight weeks on the ECLIPS and Payroll Systems 24. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session by Stacy Becker, Department of Public Works, and William Finney, Police Chief Councilmember Harris moved a three week layover. Laid over to May 14 Yeas - 6 Nays - 0 25. Report by the Administration on options for addressing disparity issues. (Requested on March 19) (Laid over from April 16) Linda Camp, Purchasing Office, appeared and distributed a chart. She stated that Purchasing has a good tracking system for contracts. Most of the contracts done are under$25,000. (Bostrom left) Linda Camp stated city spending is becoming increasingly specialized in goods for which there is a very limited pool of vendors. An example would be fire trucks which are specially ordered. The disparity study looked at goods and services as a general category and did not look at which goods and services the city was buying and whether vendors would be found for these things. Council President Thune stated the City can forecast some projects for more than five years so people can move toward specialization. Ms. Camp responded that commodity lists are given to vendors so they know what the City is buying and how many dollars are in a particular category. (Bostrom returned) Councilmember Blakey stated the City may not be able to meet some of the goals, but they should make sure it is doing business with companies that have an affirmative action policy or represent the community. Linda Camp responded all contracts over $50,000 have that review. Martha Larson talked about each model: 1) race and gender model program, 2) economically disadvantaged business program, 3)business development program. (Bostrom left) Councilmember Blakey stated Model 3 seems to be the best,but it does not specifically seek a race and gender program which is what the Council should do. Mr. Blakey said he could support Model 3 with some race and gender oriented specialized programs. William Tyrone Terrill, Human Rights Director, stated he would like to look at the issue project by project, such as taking the Science Museum as a project and seeing how much of that project can be given to a female or minority vendor. Doing it any other way gets confusing. He said he is looking at Model 4 and including parts of each of the other ones as it gets the contractor better involved. April 23, 1997, City Council Summary Minutes Page 6 Councilmember Blakey felt there should be a city-wide policy so each department head would have to meet the targeted goal and he requested a resolution be drafted to reflect this. Mr. Terrill stated he was in support of that and Martha Larson said she would draft a resolution. (Bostrom returned) (Thune and Harris left) Martha Larson stated the important piece is talking about goals for targeted vendors rather than goals that are race or gender specific. Race and gender specifics are more along the lines of Model 1 which means the City would be subject to a challenge. Paul McCloskey, Assistant City Attorney, stated if the City is going to go with a program that is race and gender specific,the City must go through the findings of fact mandated by the Crosson and Adarand decisions. The Disparity study done by the BBC is incomplete and insufficient. It failed to find a basis of active discrimination and could not find a basis of passive discrimination except by a flow of dollars to a vendor group that the BBC perceived has engaged in discriminatory practices. Until the Council goes through a findings of fact, if the City engages in a program of awarding contracts on the basis of race and gender, Saint Paul would be sued. The Association of General Contractors (AGC) would ask for a temporary restraining order to stop the City from going ahead until a trial is held. Then it would be incumbent upon the City to sustain its burden of proof. The City would have to have individuals who would testify through statistics and anecdotal interviews that there had been discrimination within a qualified vendor group. Only on those findings of the court would there be a race and gender based program. Council President Thune asked what would happen if an AGC restraining order was sustained after a trial. Mr. McCloskey stated in Minneapolis a restraining order was in effect against the City until the requirements were met. An award of$35,000 was also granted to the AGC for attorney fees. Mr. McCloskey stated there is an array of sanctions the federal court can impose. By engaging in an activist role of defying a supreme court decision, the City can be fined payable to the government. Councilmember Bostrom asked if the City Attorney's Office had met with Purchasing and Human Rights to determine if something could be drawn up to address some of the issues without violating the law. Paul McCloskey stated he would meet whenever the occasion arises. Councilmember Blakey said Saint Paul needs to take a lead in changing the disparity. He suggested the Council give direction to the City Attorney, Human Rights, and Purchasing to look at enacting a race and gender program. Bill Wilson stated the disparities are in the study. There was additional work and hearings done by the Institute on Race and Poverty. Staff from Purchasing was present and did not challenge anything said. Two transcripts from those hearings are on file at the library. The facts say three-tenths of one percent of City contracts went to minority contractors. Councilmember Harris asked if there is sufficient evidence for a race and gender program. William Terrill stated there is based on the BBC study, the Institute of Race and Poverty, and the City's own numbers in the amount of awards going to targeted group vendors. This is why he went with Model April 23, 1997, City Council Summary Minutes Page 7 4 which would put the city on safe grounds to give contractors opportunity to targeted vendors. A race program would be challenged. If the question is what program should be used to get dollars to the community, it could be done on a project by project basis and still keep the City on safe legal grounds. Mr. Terrill stated he is not supportive of set asides as the projects are small and not a cure- all. Historically,they have not done the things they say they have done. Councilmember Bostrom stated the worse thing that could happen is being tied up in court. He suggested taking a few months and have the City Attorney's Office meet with Human Rights and Purchasing. Two months would give the Council time to look at this issue and come up with a responsible solution that addresses the issues Mr. Blakey is concerned about. Councilmember Megard requested the recommendations in the study be evaluated by staff and that a program be put together based on these. Contracts should not go on forever just because someone got one once, she said. Councilmember Blakey stated two months to look at this issue means not contracting within that time. He asked about the contracts for the Science Museum. Jackie Hicks, Purchasing,responded she is working with them. Martha Larson noted there was a staff analysis at the policy session of all 65 recommendations that were attached to the report. Councilmember Megard said she would like the City to evaluate each remedy summarized in the Disparity Study and inform the Council what is being done and what can be done. Council President Thune suggested four weeks to return with an assessment from the Disparity Study. Martha Larson reiterated the Council's request: an analysis of the recommendation reflected in the report with an assessment of whether the City can or cannot do it and the legal ramifications; a resolution related to city wide issuance of services and contracts with a direction to departments that are currently awarding service contracts and not processing them through the Purchasing Office and not subjecting them to the targeted vendor efforts to expand the commitment to do it within all departments. Martha Larson asked about Model 3 and Council President said there could be additional analysis on Model 3 as well. Councilmember Blakey asked about a city wide policy for all departments and Ms. Larson stated she would bring that back before the Council in two weeks. (The meeting was recessed from 5:42 to 6:00 p.m.) Present- 5 Absent- 1 (Blakey arrived shortly after roll call) April 23, 1997, City Council Summary Minutes Page 8 MISCELLANEOUS 70. Election of interim appointee (Councilmember) for Ward 5. The following applicants for the Ward 7 Council seat appeared before the Council, provided information about themselves and the Council position, and responded to questions of Councilmembers: Joseph Collins, 534 West Orange Avenue, a caretaker candidate; Marylyn Deneen, 831 West Nebraska Avenue, a caretaker candidate; James Griffin, 1592 Western Avenue North, a caretaker candidate; Robert Peitzman, 1255 North Dale Street, DFL endorsed candidate,plans to run in the fall election; Donald Scott, 180 West Larpenteur Avenue#211, a caretaker candidate. Councilmember Megard moved to close the public hearing. Yeas - 6 Nays - 0 The following individuals appeared and spoke in support of candidates: James O'Hara, 219 Oak Grove Place, spoke in support of James Griffin. Ray Sammons, 1205 Westminster, spoke in support of Joe Collins, and expressed concern as to why the Council only wanted someone who would not run in the fall election. Frank Sprandel, 866 Simcoe Street, spoke in favor of Joe Collins. John Connelly, 1575 Wheelock Ridge Road, spoke in favor of Marylyn Deneen. Tracy Moos, 256 Prescott Street, spoke in favor of James Griffin. Councilmember Megard spoke in support of Marilyn Deneen saying gender balance was needed on the Council. Councilmember Blakey spoke in support of Joseph Collins based on input from citizens. Councilmember Bostrom spoke in support of James Griffin saying he knew him when they worked together in the Police Department and as School Board members. He has a good track record and would bring an element of diversity to the Council, Bostrom said. Councilmember Morton supported James Griffin because of his work on the School Board as well as other issues. Councilmember Harris supported Joseph Collins because of an overwhelming response from citizens. Council President Thune spoke in support of Joseph Collins for the continuation of an experienced aide. Further discussion ensued and a unanimous decision was reached to appoint Joseph Collins. (See Suspension Item at the end for the minutes) (The meeting was recessed from 7:09 to 7:30 p.m.) Present- 6 Absent- 0 April 23, 1997, City Council Summary Minutes Page 9 Joseph Collins was sworn in at this time as City Councilmember representing Ward 5. 27. Resolution- 97-429 -Approving Cycle 3 Neighborhood STAR Small Grant proposals as recommended by the STAR Board. Councilmember Harris moved approval. Councilmember Blakey asked about moving up the two Frogtown parking lots for consideration. Amy Filice, PED, responded the Board asked that it be considered again at the June 6 meeting and it was not recommended for approval. Mr. Blakey asked if this is not passed today, if the parking lot development would be stalled. Amy Filice responded that development cannot proceed until the Council passes the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 34. Third Reading - 97-52 -An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require permits for use of downtown parks for community festivals and special events. (Laid over from February 26) Bob Piram, Parks and Recreation, appeared and stated he is opposed to this change. Much of the programs occurring downtown are sponsored by Parks and Recreation. This resolution will be a burden, especially the part requiring consent from various property owners. This will also cause a problem for small park users,people who rent the parks. This change was brought about by how Mears Parks was used. He said he would like Parks and Recreation to direct the policy. Councilmember Harris moved to continue the public hearing to May 7. Council President Thune suggested the Parks Commission hold discussions with District 17 in the meantime. Councilmember Harris moved to continue the public hearing to May 7. Laid over to May 7 for final adoption and continuation of the public hearing Yeas - 7 Nays - 0 35. Resolution- 97-431 - Approving application for Cigarette, Liquor On-Sale Class A, Sunday On Sale Liquor, Restaurant(B), Entertainment Class B and Gambling Location Class A Licenses by Minnesota Restaurants Inc., dba All Star Sports Cafe, 2554 Como Avenue. (ID #99433) No one appeared in opposition; Councilmember Megard moved a two week layover and continuance of the public hearing as she is still negotiating with the license applicant. Laid over to May 7 Yeas 7 Nays - 0 36. Resolution- 97-432 - Approving application for the addition of a Sunday On-Sale Liquor License by 215 Wabasha Properties, dba Wabasha Street Caves, 215 Wabasha Street South. (ID #23846) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 10 37. Resolution- 97-433 -Approving application for a Wine On Sale and On Sale Malt(strong beer) license by Byerly's Inc, 1959 Suburban Avenue. (ID #45880) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution- 97-434 - Approving application for a Gas Station, Restaurant-A, Grocery-C, and Cigarette License by Eastern Heights Amoco Inc., 1785 Suburban Avenue. (ID#78902) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 39. Resolution- 97-435 - Concerning adverse action against cigarette license held by May & Mai Yang, dba May's American-Oriental Food Market, Inc., 422 University Avenue West. (Uncontested) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 40. Resolution- 97-436 - Concerning adverse action against cigarette license held by Tuan J. Pham, dba Capital Market, 478 University Avenue West. (Uncontested No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 41. Resolution- 97-437 - Concerning adverse action against cigarette license held by Judith Favia, dba Cahoots Coffee Bar, 1562 Selby Avenue. (Uncontested) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 42. Resolution- 97-438 - Concerning adverse action against cigarette license held by Cosmic Charlie's, 189 Snelling Avenue North. (Uncontested) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 43. Resolution - 97-439 - Concerning adverse action against cigarette license held by Good International Corp., dba Convenience of West 7th, 499 West 7th Street. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 44. Resolution- 97-440 - Concerning adverse action against cigarette license held by Awny A. Alkatout, dba Craig's Country Boy, 922 Thomas Avenue. (Uncontested) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 45. Resolution- 97-441 - Concerning adverse action against cigarette license held by Mukund S. Joshi, dba Lou's Food Market, 1199 White Bear Avenue North. (Uncontested) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 11 46. Resolution- 97-442 - Concerning adverse action against cigarette license held by Alan Miller, dba Rice Street Spur, 1440 Rice Street. (Uncontested) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 47. Resolution- 97-443 - Concerning adverse action against cigarette license held by Turf Club, Inc., 1601 University Avenue West. (Uncontested) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 48. Resolution- 97-444 - Concerning licenses held by OPBM, Inc., dba Amelia's Nite Club & Eatery, 175 5th Street East, #140. (Uncontested) Virginia Palmer stated that the suspension date for violation of the liquor license would be May 14, 1997. Councilmember Bostrom moved approval. Adopted as amended Yeas - 7 Nays - 0 49. Resolution- 97-445 - Concerning licenses held by Campus Sports Grill &Nightclub, Inc., dba Campus Sports Grill& Goldies, 2554 Como Avenue. (Uncontested) Virginia Palmer stated Licensing recommends a ten day suspension with nine days stayed and a$200 fine. Approval of the new license was laid over earlier in the meeting (Item 35). Councilmember Megard, asked if the new owner will have a record since the one day suspension falls on the new owner. Vrginia Palmer responded in the affirmative. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 50. Resolution- 97-446 - Concerning licenses held by Distinctive Laundry Processing, Inc., 531 Ohio Street. (Uncontested) Council President Thune withdrew this resolution as the fees and fines have been paid. Withdrawn 51. Resolution- 97-447 - Concerning licenses held by Larry's Auto Body, 933 Atlantic Street. (Uncontested) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 52. Resolution- 97-448 - Concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur Avenue West. (Uncontested) Councilmember Harris moved a layover to June 25 and continuation of the public hearing. Laid over to June 25 Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 12 53. Resolution- 97-449 - Concerning licenses held by Mike and Cheryl Hilyar, dba Rice Street Laundromat, 1104 Rice Street. (Uncontested) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 54. Resolution- 97-341 - Concerning the Taxicab Driver's License Renewal Application submitted by Daniel R. Beckman, 1057 Portland Avenue. (Laid over from April 2) Virginia Palmer, Assistant City Attorney, representing Licensing,requested a layover for two weeks. Councilmember Harris moved to layover to May 7. Laid over to May 7 Yeas - 7 Nays - 0 55. Resolution- 97-353 -Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1572 Portland Avenue. (Laid over from April 2) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 56. Resolution- 97-450 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 309 Harrison Avenue, 659 Edmund Avenue, and 53 North Dale Street. No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 57. Resolution- 97-451 - Ordering the owner to remove or repair the building at 1383 Arcade Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to 60 days) Michelle Vojacek, 773 E. Cottage Avenue, appeared and stated the owners have not maintained the property and the block club is asking the owner be given 30 days to remove or repair the building. Bernie Mordorski, 1494 Pacific Street, appeared and stated financing was agreed upon with the bank but the paperwork was lost and he had to refile in June. It took the East Side Neighborhood Development Company from June 30 to December 8, 1996 to say they could not give him funds. If the Council approves this resolution, he will be out$8,000. He said he plans to put in an auto repair shop. Councilmember Bostrom made a motion for 30 days to remove or repair saying the neighbors have been going through a lot with this property. If the repair is progressing,the resolution can be changed. Adopted as amended(remove or repair within 30 days) Yeas - 7 Nays - 0 58. Resolution- 97-452 - Ordering the owner to remove or repair the building at 578 Forest Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 13 59. Resolution- 97-453 - Ordering the owner to remove or repair the building at 557 Jenks Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to 45 days) No one appeared in opposition; Councilmember Collins moved approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 60. Resolution- 97-454 - Ordering the owner to remove or repair the building at 587 Stryker Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs) Council President Thune recommended allowing 15 days for repair or removal and noted the 180 days was for Housing and Urban Development(HUD)to take over. Councilmember Bostrom moved Council President Thune's recommendation. Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 61. Summary abatement appeal of Quoc Nguyen and Winston Nguyen for property located at 1359 Blair Avenue. (Legislative Hearing Officer recommends denying the appeal) No one appeared in opposition; Councilmember Megard moved approval. Appeal denied Yeas - 7 Nays - 0 62. Resolution Ratifying Assessment- 97-455 -In the matter of boardings up of vacant buildings for August 1996 for property at 1086 Jessamine Avenue East; summary abatement(property clean-up) from mid-June to mid-September 1996 for property at 383 Clinton Avenue; summary abatement (property clean-up, snow removal and/or sanding walks) from August 1996 to January 1997 for properties at 2067 Dayton Avenue, 104 Larpenteur Avenue West, 616 Idaho Avenue East and 1110 Forest Street; and boardings-up of vacant buildings for July 1996 for properties at 1132 Central Avenue West and 328 Lexington Parkway North. (File#J9702BB, J9701TDBC2, J9704AA, J9701 BB) (Laid over from April 9) (Legislative Hearing Officer recommends approval with the following exceptions: 328 N. Lexington(J9701B) laid over to May 6 Legislative Hearings 1132 Central (J9701BB) laid over to May 6 Legislative Hearings 616 Idaho (9704AA) laid over to May 6 Legislative Hearings 1086 E. Jessamine (J9702BB) laid over to May 6 Legislative Hearings 1110 Forest Street(J9704A) laid over to May 6 Legislative Hearings) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 63. Resolution Ratifying Assessment- 97-456 - In the matter of summary abatements (property clean-up, snow removal and/or sanding walks) from August 1996 to January 1997; boardings-up of vacant buildings for September 1996; boardings-up of vacant buildings for October 1996; summary abatements (property clean-up) from mid-September to mid-October 1996; and demolition of vacant buildings from August to December 1996. (File#J97045A, J9722B, J9732B, J9702TDBC, J9701C) April 23, 1997, City Council Summary Minutes Page 14 (Legislative Hearing Officer recommends approval with the following exceptions: 694 Sherburne (J9722B) laid over to May 6 Legislative Hearings 403 Eichenwald Street(J97045A)reduce assessment to $340 1078 Euclid Street(J97045A)reduce assessment to $440 703 St. Anthony (J97045A) assessment to be paid over 10 years) 667 Charles - Tracy Moos, 256 Prescott Street and owner of the property at 667 Charles appeared. She questioned the snow shoveling and Charles Votel, Public Health, confirmed that Public Health did shovel the property. 1902 Minnehaha Avenue - Don Kelley, representing JLT Group, owner of 1902 Minnehaha Avenue, appeared. He said JLT never received notice from the City that snow removal was done. The property was closed on November 22, 1996 the title was transferred on December 5, and the work was done on December 4, 1996. Chuck Votel, Public Health, stated notification was made to the Navy Department and they had not recorded the new ownership. Mr. Kelly said the second time a letter was sent asking for the snow to be removed it was not removed because the fence had to be put up in order for a bobcat to enter and do the work. Councilmember Megard said she cannot fault the new owners. However, Council President Thune stated the policy has been if the work is not done by the owner and the City sends out a notification to the registered property owner, nothing more is required on the City's part. There is no way to track down property that was sold or transferred. If the notice was sent and the work was done, the Council has never changed the assessment. By not approving this assessment,the Council may be starting a problem for future assessments. Councilmember Harris agreed with Councilmember Megard and Councilmember Bostrom stated this is a legal problem for the new property owner. Councilmember Collins suggested a bill be sent to the Navy first. If it is not paid,then the City wold have a lien against the property. Roxanna Flink, Real Estate, appeared and stated according to the records in her office,this incident was pending on 12/12/96. The new owners or title company could have checked with the Health Department. Typically, the property is assessed so the payment is against the property. If it is approved, the bill will go to Hiawatha Acquisitions Company which is the listed record owner. Normally these issues are addressed in the purchase agreements. Councilmember Megard moved approval of the assessment. Adopted as amended(per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 15 64. Final Order- 97-457 -In the matter of sidewalk reconstruction both sides of East Cottage Avenue from Mendota Street to Forest Street; the west side of North Hazel Street from East Seventh Street to Stillwater Avenue; both sides East Hyacinth Avenue from Mendota Street to Forest Street; both sides of East Ivy Avenue from Mendota Street to Forest Street; both sides of East Seventh Street from North White Bear Avenue to Van Dyke Street and the north side of East Seventh Street from Van Dyke Street to North Hazel Street; and both sides of York Avenue from Walsh Street to Weide Street. (File#S97018-S97023) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 65. Final Order- 97-458 - In the matter of sidewalk reconstruction on both sides of East Fourth Street from Forest Street to Cypress Street; both sides of North Howard Street from Bush Avenue to East Seventh Street; both sides of Lake Street from East Seventh Street to Stillwater Avenue; both sides of East Sixth Street from Arcade Street to Mendota Street; both sides of East Sixth Street from Forest Street to Cypress Street; both sides of East Sixth Street from Mendota Street to Forest Street; and both sides of East Sixth Street from North Winthrop Street to North McKnight Road. (File #S97024-S97030) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 66. Final Order- 97-459 - In the matter of sidewalk construction on the east side of Darlene Street from East Hoyt Avenue to East Idaho Avenue, the west side of David Street from East Hoyt Avenue to East Idaho Avenue, and the south side of East Idaho Avenue from Darlene Street to David Street. (File#S97031) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 67. Resolution- 97-401 -Vacating the remaining right-of-way in vacated Mt. Hope Street and the east- west alley in Block 3, Woodbury and Case's Addition and A.M. Regner's Subdivision, and to release certain easements therein. (Laid over from April 9) Councilmember Blakey moved approval of a substitute resolution presented by Council President Thune. No one appeared in opposition; Councilmember Harris moved approval Substitute introduced and adopted Yeas - 7 Nays - 0 68. Resolution- 97-402 - Vacating a portion of Howard Street abutting Lots 12-15, Block 15 and Lots 18 & 19, Block 17 Burlington Heights Division 2. (Laid over from April 9) Scott McDonald, 3850 Laverne Avenue North, Lake Elmo, representing Harrison LaFavor trust, appeared and stated the family opposes the vacation of the street. The law is that the City should not vacate the street unless it finds it is in the best interest of the public after the public hearing is held. The street to be vacated provides one of two possible accesses to the LaFavor land. The other possible access is not as practical. The benefit is only private to add land to that parcel. There is a public detriment because it cuts off options on what might be done with the eleven acres. There is a April 23, 1997, City Council Summary Minutes Page 16 proposal under consideration by the Parks Department to purchase this property which could happen sometime in the future or the property could be developed in some other manner. If the Council takes an action that is detrimental to one property owner and favors another owner, there should be a good public interest to be served rather than an interest that serves one person. David Ojeda, 1052 Hadley Avenue North, Oakdale, property owner, appeared and stated when he bought this property he asked the City if there were plans to extend Howard and if they would be in favor of vacating the rest of Howard. He was told that the chances were good to vacate the property. Mr. Ojeda said the road was extended 42 feet and it cost over$10,000 to put in the extension with sewer and water. It has cost more than the property was worth which is one of the reasons he asked to vacate Howard. He said people in the neighborhood say they do not want any development in the area and would not like to have Howard Street extended. He is not profiting from this and took an $8,000 loss in his taxes. The public hearing was closed. Councilmember Morton moved approval of the resolution to vacate Howard Street. Councilmember Harris stated the Planning and Economic Development(PED) staff report says they have no objections to the vacation as long as the property owner to the south has been contacted. Peter White, Real Estate, said the area is an improved street that is overgrown with trees and there is a grade difference. The record owner lives out of state and the first the Real Estate Division heard of any objection by the property owner was last week when he came to a hearing. The City should be protected by the standard indemnification clause when the property owner accepts the conditions of the vacation. Mr. Harris spoke against the vacation. Councilmember Morton noted that the resolution says the City will be held harmless. Councilmember Megard stated no one has plans to use this street and vacating it would get it back on the tax roles. Adopted Yeas - 7 Nays - 0 69. Resolution- 97-460 - Vacating C Street southwesterly of B Street(abuts Battle Creek Regional Park). No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 17 ORDINANCES 30. Final Adoption- 97-282 -An ordinance amending Chapter 170 of the Saint Paul Legislative Code to allow horses from the Saint Paul police horse patrol into City parks, parkways or recreation areas without permission of the director. (Laid over from April 2) Councilmember Morton stated that previously Councilmember Rettman had a concern about horses being in the Como Zoo area. Councilmember Bostrom stated the police horse patrol could be pursuing someone and might need to be in the park. Council President Thune suggested the Police and Parks and Recreation work out this situation. Councilmember Harris requested information on why an ordinance is even needed. Councilmember Bostrom moved a layover to May 7. Laid over to May 7 for final adoption Yeas - 7 Nays - 0 31. Final Adoption - 97-314 -An ordinance amending Chapter 324 of the Saint Paul Legislative Code to permit administrative payment of fines for first and second violations. Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 32. Final Adoption- 97-351- An ordinance finalizing City Council action approving the petition of the Saint Paul Port Authority to rezone property at the Arlington-Jackson Business Park from B-2 to I-1. (Public hearing held January 8, 1997) Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 33. Final Adoption- 97-352 -An ordinance finalizing City Council action approving the petition of Daniel and Linda Burns to rezone property at 986 Grand Avenue from RM-2 to P-1. (Public hearing held February 26, 1997) Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 SUSPENSION ITEMS Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution- 97-462 - Scheduling a City Council closed meeting on April 30, 1997, at 2:30 p.m. in the Northwest Conference Room, 310 City Hall, to discuss labor negotiations. Adopted Yeas - 7 Nays - 0 April 23, 1997, City Council Summary Minutes Page 18 Councilmember Blakey moved for suspension of the rules and approval of the following resolution: Resolution- 97-464 - Approving the application for an Auto Body Repair Garage License by Ward Jefferson, dba Jefferson Auto Repair(Ward Jefferson, Owner) at 859 University Avenue West. (ID #62615) Nancy Anderson, Assistant Secretary to the City Council noted that a public hearing is required for approval of the license. Councilmember Blakey withdrew his motion. (This item was discussed later in the meeting.) Councilmember Morton moved for suspension of the rules and approval of the following resolution. Resolution- 97-463 -Approving the lawsuits and claims made against the City of Saint Paul arising from the gas explosion at Third Street and Maria Avenue on July 22, 1993. Adopted Yeas - 7 Nays - 0 (The meeting was recessed from 9:02 to 9:20 p.m.) (This item was discussed earlier in the meeting; see page 17) Resolution- 97-464 - Approving the application for an Auto Body Repair Garage License by Ward Jefferson, dba Jefferson Auto Repair(Ward Jefferson, Owner) at 859 University Avenue West. (ID #62615) Councilmember Blakey moved for suspension of the rules and approval. Council President Thune stated the City Attorney stated this issue could be discussed under suspension. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) Resolution- 97-461 - Electing and appointing Joseph Collins as a City Councilmember to fill the vacancy created by the resignation of former Councilmember Janice Rettman and to serve in such position for the remainder of the unexpired term until a successor is elected. Adopted earlier in the meeting Yeas - 6 Nays - 0 April 23, 1997, City Council Summary Minutes Page 19 Councilmember Harris moved adjournment. JOU'I ED A 19• P.M. ' ' 7 .David T sCouncl President ATTEST: Minutes approved by Council Nancy Anderson TV/ Assistant Council Secretary rn/mce L:4 ' 1 E 1:2 1\1) zw OD � N a f' N N� 9 (` 1,1) a'4:1 i �� t ,V J fti ti r w z �"✓,,'4N -7-1 ') w o, © a vn 8 s\,, et y. 14 iir.' e4 r4 .5 dt 0, 2 Nk • o a ' S U AE_, -t M W 1-4 C4 � � � .q A � .tC• = w \ , 'ti t ,. .._ Lo ii kr i '' .. E-1 FIA 3 v ' IN a) 4 I ' MI -2 3 f -,1:5: V i 1 t t le\' I U4 ...? j \\\*\7kL, V4- \ , A •a s,....,,