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Approved Minutes 6-25-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 25, 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 Vice President Blakey at 3:33 p.m. Present - 4 - Blakey, Bostrom, Harris, Morton Absent - 3 - Megard, Thune (arrived later in the meeting), Collins (Excused) CONSENT AGENDA Councilmember Harris requested Item 12 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 4 Nays - 0 FOR ACTION 1. Approval of minutes of May 28, 1997. Adopted Yeas - 4 Nays - 0 2. Claims of Martha Nell Cyrus, Gene Jones, Randall Kastberg, and Jeffrey Melby. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of James Lyons vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Petition for Writ of Certiorari, etc. in the mater of Bank of America, FSB and HUD vs. the City of Saint Paul. (677 Kent Street) Referred to the City Attorney's Office 5. Motion for a Stay of Execution in the mater of Bank of America, FSB and HUD vs. the City of Saint Paul. (677 Kent Street) Referred to the City Attorney's Office 6. Land Title Summons in Application for Registration of Land in the matter of Thorp Loan and Thrift Company, et al vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 7. Letters from Saint Paul Public Health declaring 806 Agate Street, 477 Curtice Street East, 659 Edmund Avenue, and 855 Woodbridge Street as nuisance properties, and setting date of Legislative Hearings for July 1, 1997 and City Council Hearings for July 9, 1997. June 25, 1997, City Council Summary Minutes Page 2 8. Letters from Saint Paul Public Health declaring 952 Jenks Avenue, 954 Jenks Avenue, and 328 Lexington Parkway North as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8a. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on July 2,1997, to consider the application of Metropolitan State University to rezone property from P-1 (parking) to B-2 (community business) to allow construction of a greenhouse facility for a joint education program with the Minnesota Department of Agriculture at 4XX Maria Avenue (southwest side between 7`'' and 8th Streets) 9. Communication from Saint Paul Animal Control dated June 16, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 10. Resolution - 97-736 - Approving the Memorandum of Understanding between the City, AFSCME Council 14, Locals 2508 and 1842, PEA, SPSO, and IUOE, Local 70, regarding personnel issues related to the Joint Powers Agreement covering Saint Paul and Ramsey County Public Health Departments. (Laid over from June 18 for adoption) Adopted Yeas - 4 Nays - 0 11. Resolution - 97-737 - Approving the appointments of Nicole Belgea and Charles W. Foster, by Mayor Coleman, to the Food and Nutrition Commission. (Laid over from June 18 for adoption) Adopted Yeas - 4 Nays - 0 12. (Discussed after the consent agenda) 13. Resolution - 97-739 - Approving the reappointments of Liz Anderson, Kenneth J. Mauer, and John M. O'Halloran, by Mayor Coleman, to the Parks and Recreation Commission. (Laid over from June 18 for adoption) Adopted Yeas - 4 Nays - 0 14. Resolution - 97-740 - Approving the appointment of Lisa Falk and Molly Fitzpatrick, and the reappointments of Daniel Krivit, Richard Newmark, Ed Olson, and Allan Torstenson, by Mayor Coleman, to the Bicycle Advisory Board. (Laid over from June 18 for adoption) Adopted Yeas - 4 Nays - 0 15. Resolution - 97-766 - Approving the appointments of Susan Bronner, Michael Garsteig, Nikita Godette, Alan Herman, Jean LaClare, and Darrell Paulsen and the reappointments of Linda Lattin, Lynne Megan, Kari Olson, Kathleen Schwarten, and Michael Zeledon, by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (To be laid over one week for adoption) Laid over to July 2 for adoption 16. Resolution - 97-767 - Authorizing the Saint Paul Convention and Visitors Bureau to pay travel expenses for Mayor Coleman to Orlando, Florida to participate in a bid for Saint Paul to host the National Square Dance Association Convention in 2002. Adopted Yeas - 4 Nays - 0 June 25, 1997, City Council Summary Minutes Page 3 17. Resolution - 97-768 - Addition of$191,000 to the 1997 budget in the Department of Public Works for Wabasha Street Initiative and Improvement. Adopted Yeas - 4 Nays - 0 (Note: this item was reconsidered later in the meeting.) 18. Resolution - 97-769 - Authorizing the Department of Fire & Safety Services to apply for a grant in the amount of$35,350.00 from the Auto Theft Prevention Program. Adopted Yeas - 4 Nays - 0 19. Resolution - 97-770 - Releasing the portion of the 1997 Information Services budget placed in contingency. Adopted Yeas - 4 Nays - 0 20. Resolution - 97-771 - Approving $20,000.00 in matching funds for the Horace Mann Playground project through the 1997 Children's Play Area Equipment Program. Adopted Yeas - 4 Nays - 0 21. Resolution - 97-772 - Approving the Neighborhood STAR Board recommendations for two additional projects in Cycle 3 of the Small STAR Grant Program. Adopted Yeas - 4 Nays - 0 22. Resolution - 97-773 - Declaring July Join the Club Month in support of neighborhood efforts to maintain and improve the quality of life in St. Paul by building and participating in neighborhood block clubs. Adopted Yeas - 4 Nays - 0 23. Resolution - 97-774 - Authorizing payment of$7,000.00 to Khanh Le and his attorney, Francis Rondoni, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 4 Nays - 0 24. Resolution - 97-775 - Directing the Division of Parks & Recreation to renew a lease agreement with Ramsey County for County use of office space at North End Multi-Service Center. Adopted Yeas - 4 Nays - 0 25. Resolution - 97-776 - Requesting the City of Saint Paul declare surplus and quitclaim certain parcels of land near the Board's Dale reservoir in favor of the Board. Adopted Yeas - 4 Nays - 0 26. Resolution - 97-777 - Approving an agreement between the Metropolitan Council Environmental Services and the City of Saint Paul. Adopted Yeas - 4 Nays - 0 June 25, 1997, City Council Summary Minutes Page 4 12. Resolution - 97-738 - Approving the appointments of George Edwin Johnson, Soliving K. Kong, Arlend Wilson, and Jennifer Engh, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from June 18 for adoption) Councilmember Harris requested a layover. Councilmember Morton stated she is opposed to a layover because the Commission is short members. Councilmember Harris stated he was concerned about the replacement of one of the members. He moved to lay over the appointment of Jennifer Engh to July 2 and moved approval of the balance. Adopted as amended Yeas -4 Nays - 0 (Appointment of Jennifer Engh laid over to July 2) Councilmember Harris moved for suspension of the rules to reconsider the following ordinance which was adopted on June 18, 1997. Yeas -4 Nays -0 Final Adoption - 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. (Adopted June 18) Bob Piram, Division of Parks and Recreation, appeared and stated Parks sent a letter to the Council requesting they reject the ordinance because Parks has worked with Capitol River Council to come up with a policy that would replace this ordinance. Mr. Piram urged the Council to reject the ordinance in favor of the policy that will be brought forward. Chuck Repke, Legislative Aide to Council President Thune, appeared and stated the Parks Department and Parks Board asked for time to work this out so the issues would continue to be handled administratively as opposed to always coming before the Council for approval. A lot of time was spent with neighborhood people and the Downtown Council and there is a workable plan. Council President Thune's preference is to see if the plan succeeds before the issue comes before the Council. Councilmember Bostrom moved approval. Reconsidered and failed Yeas - 0 Nays -4 (Blakey, Bostrom, Harris, Morton) The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for consideration of the Consent Agenda. Present -4 Absent - 0 The HRA meeting was recessed and the City Council meeting resumed. June 25, 1997, City Council Summary Minutes Page 5 FOR DISCUSSION 27. Resolution - 97-715 - Changing the rate of pay of the Council Investigation and Research Center Director from Grade 26 to Grade 28 of the Non-represented City Managers Standard Ranges in the Salary Plan and Rates of Compensation. (Laid over from June 11) Councilmember Bostrom stated this issue was discussed in the Organizational Meeting on this date and it was recommended that it be laid over to July 23. Laid over to July 23 Yeas -4 Nays -0 (Megard arrived) 28. Resolution- 97-683 - Recommending that the Selby beat officer be housed at J.J. Hill School as part of a cooperative agreement with the Saint Paul School Board. (Laid over from June 4) Vickie Rosenthal, representing the parent group at J.J. Hill School, appeared and spoke in support of the resolution. It was their understanding that the officer would be housed at the school full time. Ted Brown, Police Department, Deputy Chief, appeared and stated the officer housed at J.J. Hill will be the same officer in the Selby beat office. Councilmember Harris stated the resolution includes moving the storefront. Chair Blakey stated his original resolution was to have the officer housed at J.J. Hill,but now there would be co-locations. Councilmember Harris moved approval of several amendments to the resolution. Adopted as amended Yeas - 5 Nays - 0 Councilmember Bostrom moved for reconsideration of Item#17 on the Consent Agenda. Yeas - 5 Nays - 0 17. Resolution - 97-768 -Addition of$191,000 to the 1997 budget in the Department of Public Works for Wabasha Street Initiative and Improvement. Councilmember Megard moved to lay over to July 9. She requested a written staff report on the specifics of the Wabasha Initiative, and exactly where the dollars will be used. She expressed concern about the additional dollars that would be expended for extra officers downtown saying she has had requests for extra police coverage in the west Midway area. Joe Reid, Budget Office, appeared and stated Tom Eggum, Department of Public Works, is the project leader on this and he would be in a better position to answer questions raised by Councilmember Megard Laid over to July 9 Yeas - 5 Nays -0 (Thune not present for vote) June 25, 1997, City Council Summary Minutes Page 6 29. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Laid over from June 4) Councilmember Megard moved to lay over one week. Laid over to July 2 Yeas - 5 Nays - 0 30. Staff recommendation on Disparity Study (Martha Larson,Director, Technology and Management Services) (Laid over from May 21) Martha Larson talked about the briefing packet issued on June 13, 1997. The key point covered in the initial discussion on the new vendor outreach program is replacement of the existing targeted vendor program. It includes certification of women and minority owned businesses into the program as well as small businesses. It also includes a procedure for establishing race or gender specific benchmarks for participation by those vendors. The work plan also lays out a number of areas for additional staff analysis and implementation related to bonding and insurance outreach, business development, labor and workforce development. An ordinance pertaining to the Disparity Study will appear on the July 2 Council agenda. Councilmember Megard stated she will be sending the plan out to a number of individuals for comments. 31. Resolution - 97-778 - Approving STAR Board recommendations for cuts of the 44 pre-applications from Cycle 3 of the Neighborhood STAR Program to approximately twice the available funds. Councilmember Morton requested#97-124, Harding Community for Tennis, be put back into the regular applications. Councilmember Harris requested Amy Filice, Department of Planning and Economic Development,provide more information on that application. Councilmember Megard said she thought it was the responsibility of the School Board to put in the tennis courts. Ms. Filice said the school would match the funds. Councilmember Harris moved approval as amended. Adopted as amended Yeas - 5 Nays -0 32. Resolution - 97-779 - Approving Cultural STAR Board recommendations for Cycle 3, Cultural STAR Program. Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 33. Resolution - 97-780- Authorizing the issuance of General Obligation Tax Increment Bonds to provide funds to acquire Block 39 and prepare for Lawson Center development; and approving the execution of a pledge agreement with respect to the Lawson Center development financing. Discussed at the Housing and Redevelopment Authority meeting on June 25 and Laid over to July 2 Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 7 ORDINANCES 34. Final Adoption - 97-601 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages within a sidewalk cafe on Harriet Island. (Substitute introduced June 4) Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 35. Final Adoption - 97-602 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. (Substitute introduced June 4) Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 36. Final Adoption - 97-603 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. (Substitute introduced June 4) Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 37. Final Adoption - 97-604 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to expand the area lying within the Downtown Business District for the purpose of sale and service of alcoholic beverages within a sidewalk cafe. (Substitute introduced June 4) Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 38. Final Adoption - 97-625 - An ordinance amending Chapter 246 of the Legislative Code to allow consumption of alcohol on public streets which are blocked off as part of a block party, festival or community event in the Downtown Business District. Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 39. Second Reading - 97-760 - An ordinance finalizing City Council action approving a petition of the Saint Paul Housing and Redevelopment Authority to rezone property located at 688 Third Street East from B-2 to RT-1. (Public hearing held May 28, 1997) Laid over to July 2 for third reading 40. Second Reading - 97-761 - An ordinance amending the Saint Paul Legislative Code, Section 33.03, to improve authority to the building official to grant vacant building repair extensions when appropriate. Councilmember Harris requested more information from staff and also requested that staff from the Office of License, Inspections and Environmental Protection (LIEP) speak on this issue at the July 2 Council meeting. Laid over to July 2 for third reading/public hearing June 25, 1997, City Council Summary Minutes Page 8 41. First Reading- 97-781 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. Laid over to July 2 for second reading Councilmember Bostrom moved for suspension of the rules and approval of the following resolution: Resolution - 97-821 - Supporting the execution of a design-build contract for the design and construction of a new facility for the Minnesota Department of Revenue in the Capitol Area. Councilmember Megard questioned if there would be a loss to the city to have Lot 5 available to the State at no cost. Tim Marx, Deputy Mayor, appeared and stated there is no net loss to the City. Adopted Yeas - 5 Nays -0 (Thune not present for vote) Councilmember Megard moved for suspension of the rules and approval of the following resolution: Resolution - 97-822 - Accepting invitations to the Mayor, City Council and City staff from the National Hockey League of Minnesota Team Investors to a parade and celebration on June 25, 1997, and declaring a public purpose in the acceptance. Adopted Yeas - 5 Nays - 0 (Thune not present for vote) (The meeting was recessed from 4:20 to 4:40 p.m.) Present- 6 -Bostrom, Collins, Harris, Megard, Morton, Thune Absent- 1 - Blakey PUBLIC HEARINGS 42. Third Reading - 97-564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to Nuisance Abatement. (Laid over from May 28) Laid over to July 2 for final adoption (Blakey arrived) 43. Resolution - 97-782 - Consideration of motion to stay execution of the City Council's order to demolish 677 Kent Street within five (5) days as brought by Bank of America and HUD. (C.F. 97- 724 adopted June 11, 1997) Withdrawn at the request of Council President Thune. 44. Resolution - 97-783 - Regarding conditions upon any stay of execution of the City Council's order to demolish 677 Kent Street as requested by Saint Paul Public Health. (C.F. 97-724 adopted June 11, 1997) Stephen Christie, Assistant City Attorney, appeared and stated Bank of America and Housing and Urban Development (HUD) have signed a written appeal challenging the decision of the Council to demolish this property. The Bank of America prepared a resolution asking the Council to stay the decision pending the appeal. Mr. Christie prepared resolution 97-783 indicating if the stay is granted, there should be appropriate conditions to protect the community and the City from this June 25, 1997, City Council Summary Minutes Page 9 public nuisance. Mr. Christie suggested the Council consider granting the stay with the conditions proposed in the resolution. Mr. Christie said the building has been vacant for four months but has been a nuisance for many years. Mr. Harris asked if the bank has done any work on the house. Mr. Christie responded the bank has responded to some summary abatement orders and cut the grass as requested by Public Health, but there is some refuse that needs to be cleaned up. Jane Hill, representing the Bank of America, appeared and stated the bank does not yet have legal title, but they are working with HUD to obtain it. Bank of America will take the responsibility for upkeep of the property. Councilmember Blakey moved approval. Councilmember Harris moved to add language to the second condition that it meets the satisfaction of the Public Health Department. Phil Byrne, Assistant City Attorney, suggested adding a specific time for clean-up after a complaint is received. Councilmember Bostrom suggested adding language that the bank will correct any reported violation within 48 hours. Councilmember Blakey accepted this language. Jane Hill said she does not have the authority to agree to the conditions. Phil Byrne said the Council has the right to impose conditions for granting the stay even without the consent of the attorney. Adopted as amended Yeas - 6 Nays - 0 45. Resolution - 97-448 - Concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur Avenue West. (Uncontested) (Laid over from April 23) No one appeared in opposition; Councilmember Harris moved for a layover to July 9 at the request of Councilmember Collins. Laid over to July 9 Yeas - 6 Nays - 0 46. Resolution - 97-784 - Approving application for a Gambling Manager's License by Lois Dirksen, dba Sexual Violence Center, at Club Metro 733 Pierce Butler Route. (ID#64247) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 47. Resolution - 97-785 - Approving application for a State Class B Gambling Premise Permit by Barbara Dotty-Thomas, on behalf of Sexual Violence Center, at Club Metro, 733 Pierce Butler Route. (ID#B-05076) No one appeared in opposition; Councilmember Blakey moved approval.. Adopted Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 10 48. Resolution - 97-786 - Approving application for a Second Hand Dealer-Motor Vehicle and Auto Repair Garage License by Corp Auto Inc., 353 Larch Street. (ID#23598) No one appeared in opposition; Councilmember Harris moved to lay over two weeks and continue the public hearing. Laid over to July 9 Yeas - 6 Nays - 0 49. Resolution - 97-787 - Approving application for a State Class B Gambling Premise Permit by Barbara Kale, on behalf of Midway Training Services, Inc., at Midway Lodge, 1964 University Avenue West. (ID#B-02422) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays -0 50. Resolution - 97-788 - Approving application for a Gambling Manager's License by Michael Michlitsch, dba Midway Training Services, Inc., at Midway Lodge, 1964 University Avenue West. (ID#95003) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 51 Resolution - 97-789 - Approving application for a Class C Gambling Location License by EM-TY Corporation, dba Midway Lodge, 1964 University Avenue West. (ID#16653 No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 52. Resolution - 97-790 - Approving application for a Gambling Manager's License by Sheri Zigan, dba Neighborhood House Association, at Keenan's 620 Club, 620 West 7th Street. (ID #44121) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 53. Resolution - 97-791 - Approving application for a State Class B Gambling Premise Permit by Susan Rostkoski, on behalf of Neighborhood House Association, at Keenan's 620 Club, 620 West 7`' Street. (ID #B-02537) No one appeared in opposition; Councilmember Harris moved approval Adopted Yeas - 6 Nays - 0 55. Resolution - 97-793 - Recommending denial of renewal of licenses held by Arthur Heutmaker, dba Conoco & Automotive, 1208 Arcade Street, for failure to pay license fees. (Uncontested) Virginia Palmer, Assistant City Attorney, reported that the fees were paid. Withdrawn by Councilmember Bostrom 56. Resolution - 97-794 - Recommending denial of renewal of Lock Opening Services license held by McCabe Hardware, Inc., dba Sibley Trustworthy Hardware/St. Paul Lock & Safe/A-Arcade Lock & Safe, 848 White Bear Avenue North, for failure to pay license fees. (Uncontested) Virginia Palmer, Assistant City Attorney reported that the fees were paid. Withdrawn by Councilmember Bostrom June 25, 1997, City Council Summary Minutes Page 11 57. Resolution - 97-795 - Concerning adverse action against cigarette license held by Cozy Bar of St. Paul Minn., Inc., dba Cozy Cantina, 202 Concord Street. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 54. Resolution - 97-792 - Approving application for a Gambling Manager's License by Neill J. O'Neill, dba St. Paul Festival and Heritage Foundation, at Mr. Patom's, 995 7"' Street West. (ID #83829) Councilmember Harris moved to layover one week at the request of Council President Thune. Laid over to July 2 Yeas - 6 Nays - 0 58. Resolution - 97-796 - Concerning adverse action against cigarette license held by Chul Kwak, dba Galtier Convenience Center, 175 5th Street East, #17. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 59. Resolution - 97-797 - Concerning adverse action against cigarette license held by Cobes and Duff, LLC, dba Lowertown Bar & Grill, 175 5th Street East. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 60. Resolution - 97-798 - Concerning adverse action against cigarette license held by Town House Country, Inc., 1415 University Avenue West. (Uncontested) Holly Monette, the owner, appeared and extended her apologies for this incident and stated that Town House Country has taken measures to insure this does not happen again. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 61. Resolution - 97-799 - Recommending denial of renewal of licenses held by Simone M. Mishulovin, dba The Old City Cafe, 1571 Grand Avenue, for failure to pay license fees. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 62. Resolution - 97-800 - Concerning adverse action against licenses held by Paul George Damico, dba Paul's Lounge, 1045 Hudson Road. (Uncontested) Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LIEP), stated the violations include the licensee discharging a firearm in the City limits and failing to notify the Chief of Police in writing of the existence of a firearm on the licensed premises. The recommendation of the Office of LIEP was for a license suspension of three days. The police report states the licensee went outside in response to learning that someone was attempting to enter cars and he had a confrontation with those people. He returned to the premises, obtained a gun, went back outside and fired the gun in the air four times. June 25, 1997, City Council Summary Minutes Page 12 Bill Orth, attorney representing Mr. Damico, appeared and explained the situation with the auto break-in. Mr. Damico tried to get the kids to leave and one of them pulled a pistol and threatened him. Mr. Orth confirmed that Mr. Damico then went to get his gun and did fire it into the air. Mr. Orth urged the Council to defer consideration of the suspension and fine until they read the report he distributed. Councilmember Morton moved approval of the recommendation of the Office of LIEP. Adopted Yeas - 6 Nays - 0 63. Resolution - 97-801 - Concerning adverse action against licenses held by Tuan A. Pham, dba Tuan Auto Repair, 1459 University Avenue. (Uncontested) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 64. Resolution - 97-699 - Recommending denial of the Renewal Application for Taxicab Driver's License held by Daniel R. Beckman, 1057 Portland Avenue. (Uncontested) (Laid over from June 4) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 65. Resolution - 97-802 - Recommending denial of the application for a Taxicab Driver's License by William R. Harper, 833 Fremont Street. (Uncontested) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 6 Nays - 0 66. Resolution - 97-803 - Recommending denial of the Renewal Application for Taxicab Driver's License by Daniel W. Peterson, 19 East Magnolia Avenue. No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 67. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by Olson Brothers Liquor, Inc., 678 University Avenue West. No one appeared in opposition; Councilmember Blakey moved approval of the Administrative Law Judge's report. Accepted Findings of Fact, Conclusions, and Recommendations of the Administrative Law Judge. Yeas - 6 Nays - 0 68. Resolution - 97-804 - Stating that the City Council will accept testimony with respect to the assessment at 695 St. Anthony Street during the public hearings at the City Council meeting on June 25, 1997. No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 13 69. Resolution - 97-805 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 1032 Conway Street, 405 Burlington Road, and 408 Charles Avenue. No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 70. Resolution - 97-576 - Ordering the owner to remove or repair the building at 850 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Laid over from May 14) (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 6 Nays - 0 71. Resolution - 97-722 - Ordering the owner to remove or repair the building at 1359 Blair Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to October 11, 1997) (Laid over from June 11) No one appeared in opposition. Councilmember Megard moved to lay over one week and continue the public hearing. Laid over to July 2 Yeas - 6 Nays - 0 72. Resolution - 97-806 - Ordering the owner to remove or repair the building at 600 Selby Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to 180 days if a $2,000 bond is posted and the necessary permits are obtained by noon June 25, 1997) No one appeared in opposition; Gerry Strathman, Legislative Hearing Officer, appeared and stated the bond had been posted. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 73. Appeal of Mary Dabney to a summary abatement order for property located at 790 Laurel Avenue. (Legislative Hearing Officer recommends denial) Gerry Strathman, Legislative Hearing Officer, stated the garage door is missing and it is a violation of the City Code to have an open, unsecured building. Mary Dabney, property owner, appeared and stated she does not have the resources to replace the garage door and boarding up the garage is the best she can do at this time. Mr. Strathman stated the service door could be boarded up, but it would be a big project to board the garage door opening. Councilmember Blakey moved to layover to July 9 to see if there is a way to resolve this issue. Laid over to July 9 Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 14 74. Appeal of Vernon Harms to a summary abatement order for property located at 355 Marshall Avenue. (Rescheduled to July 1, 1997 Legislative Hearing) Councilmember Blakey moved to lay over two weeks. Laid over to July 9 Yeas - 6 Nays - 0 75. Resolution Ratifying Assessment - 97-807 - In the matter of summary abatement (snow removal) for winter of 1997 for property located at 2106 Marshall Avenue. (File #J9705AAA) (Legislative Hearing Officer recommends approval) (Laid over from June 11) Gerry Strathman, Legislative Hearing Officer, stated this is a snow removal abatement. Warning letters were issued in September to the property owner and PCF Management. The work was done on February 21. The property owner of 2106 Marshall, appeared. He clarified that the property is managed under NCF Management, not PCF. This has been corrected with the tax department. A video was shown and the owner contended the film shows his sidewalk is clear; however, there was not agreement by the Council. Phil Byrne stated these types of cases are considered under Chapter 113 of the Legislative Code. The Council has the authority to abate the snow and ice and assess for the cost. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 76. Resolution Ratifying Assessment - 97-808 - In the matter of assessment of benefits, cost and expenses for sidewalk reconstruction on the north side of Conway Street from North Ruth Street to North McKnight Road and the south side of Conway Street from North Ruth Street to North Howard Avenue; both sides of North Ruth Street from Upper Afton Road to North Park Drive; the south side of Conway Street from Flandrau Street to North White Bear Avenue; both sides of East Third Street from Pedersen Street to North Howard Street; the west side of Ruth Street from Stillwater Avenue to Case Avenue; and Reaney Avenue from Nortonia Avenue to North Ruth Street. (File #S95040, S95049, S95084, S95092, S95099, S95106) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 6 Nays - 0 77. Final Order - 97-809 - In the matter of sidewalk reconstruction on the east side of North Grotto Street from Lafond Avenue to Blair Avenue, and both sides of Marion Street from Aurora Avenue to West University Avenue. (File #S97033, S97034) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 78. Final Order - 97-810 - In the matter of sidewalk reconstruction on the north side of East Sycamore Street from Sylvan Street to Jackson Street. (File #S97035) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 15 79. Final Order - 97-811 - In the matter of sidewalk reconstruction on both sides of Asbury Street from Thomas Avenue to Lafond Avenue; the east side of Herschel Street from Shields Avenue to West University Avenue; both sides of North Prior Avenue from Portland Avenue to Ashland Avenue; and the east side of Simpson Street from Edmund Avenue to Thomas Avenue at 594 Simpson Street only. (File #S97036-S97039) No one appeared in opposition; Councilmember Megard moved to amend the final order to indicate that on Asbury Street only 620 and 624 will be reconstructed. Adopted as amended Yeas - 6 Nays - 0 80. Final Order - 97-812 - In the matter of sidewalk reconstruction on the east side of South Griggs Street from Bayard Avenue to Scheffer Avenue. (File #S97040) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 81. Final Order - 97-813 - In the matter of sidewalk reconstruction on the south side of Englewood Avenue from North Lexington Parkway to North Dunlap Street, and both sides of Van Buren Avenue from Virginia Street to Como Avenue. (File #S97041 & S97042) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 82. Final Order - 97-814 - In the matter of sidewalk reconstruction on both sides of Fairmount Avenue from South Victoria Street to South Milton Street; the south side of West Ninth Street from St. Joseph's Lane to Main Street; both sides of Osceola Avenue from South Milton Street to South Chatsworth Street; the south side of East Seventh Street from North Robert Street to Jackson Street; both sides of St. Joseph's Lane from West Seventh Street to West Exchange Street, both sides of West Exchange Street from St. Joseph's Lane to St. Peter Street and the north side of West Seventh Street from St. Peter Street to St. Joseph's Lane. (File #S97043-S97047) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 83. Final Order - 97-815 - In the matter of sidewalk reconstruction on the south side of Hartford Avenue from South Pascal Street to Warwick Street. (File #S97048) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 84. Final Order - 97-816 - In the matter of sidewalk reconstruction on the east side of North Fairview Avenue from Englewood Avenue to Hubbard Avenue, the west side of North Fairview Avenue from Englewood Avenue to Chelton Avenue and the west side of North Fairview Avenue from Chelton Avenue to Clayland Place at 789 North Fairview Avenue only; both sides of Montrose Place from Dayton Avenue to Marshall Avenue; and the north side of Thomas Avenue from Aldine Street to North Wheeler Street. (File #S97049-S97051) No one appeared in opposition; Councilmember Megard moved approval with an amendment that on Montrose Place only the petitioners' sidewalks be addressed. Adopted as amended Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 16 85. Final Order - 97-817 - In the matter of sidewalk reconstruction on both sides of Alameda Street from West Iowa Avenue to California Avenue; the south side of West Arlington Avenue from Galtier Street to Farrington Street; both sides of Como Place from Hatch Avenue to West Jessamine Avenue; the north side of West Cook Avenue from Galtier Street to Matilda Street; the east side of Galtier Street from Wayzata Street to Front Avenue and the west side of Galtier Street from Stinson Street to Front Avenue; both sides of Hatch Avenue from North Victoria Street to North Milton Street, the east side of North Milton Street from Front Avenue to Hatch Avenue and the west side of North Victoria Street from Front Avenue to Hatch Avenue; both sides of Huron Street from West Arlington Avenue to West Hoyt Avenue; both sides of Matilda Street from West Lawson Avenue to West Cook Avenue; both sides of Matilda Street from West Maryland Avenue to West Ivy Avenue; both sides of Maywood Street from West Wheelock Parkway to West Cottage Avenue; and both sides of Schletti Street from West Cottage Avenue to West Arlington Avenue. (File #S97052-S97062) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 86. Final Order - 97-818 - In the matter of sidewalk reconstruction on the north side of East Hawthorne Avenue from Walsh Street to Weide Street. (File #S97063) No one appeared in opposition. Larry Luth, Department of Public Works, appeared and stated 34 sidewalks panels are being replaced, 102 feet on each side of the street. The adjacent property owners are being assessed. The panels are $8.46 a linear foot which is half the cost of the sidewalk construction. Rahl Reese, 763 Hawthorne, appeared and stated this sidewalk was recently reconstructed and creates no hazard. One panel has been there about 8 to 10 years. Larry Luth suggested this be laid over for Public Works to look at the sidewalk and make another evaluation. Councilmember Bostrom moved to lay over two weeks. Laid over to July 9 Yeas - 6 Nays - 0 Note: this item was reconsidered later in the meeting. 87. Resolution - 97-819 - Vacating North Albert Street between Pierce Butler Route and the Great Northen Railroad right-of-way. No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 88. Resolution - 97-820 - Vacating Territorial Road from the Saint Paul City limits to the west line of Berry Street extended. No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 June 25, 1997, City Council Summary Minutes Page 17 89. Public hearing to consider the appeal of William & Kathryn Babcock to a decision of the Board of Zoning Appeals granting a variance to allow parking within a required side yard to continue at 459 Portland Avenue. (Laid over from June 4; to be rescheduled to August 27) No one appeared in opposition; Councilmember Blakey moved to layover to August 27. Rescheduled to August 27 Yeas - 6 Nays - 0 (Note: the following item was reconsidered from earlier) 85. Susan Fussell, 653 Weelock Parkway, appeared and stated she would prefer not to have sidewalk along her property. Larry Luth stated there is no assessment for this block as it is on the City right-of-way so Ms. Fussell will not be paying for the sidewalk. The existing walk is six feet wide and he recommended moving the walk one foot from the property line and building it five feet wide. Councilmember Blakey said it appears the sidewalk would be very close to the owner's property and questioned whether it has to be put in. Ms. Fussell stated the house was built in 1953 and there has never been a sidewalk in this area. Councilmember Harris asked about pedestrians. Larry Luth stated usually there is evidence of foot traffic on the grass when there is not a sidewalk, but there is no evidence of foot traffic on the property owner's grass. Councilmember Blakey moved reconsideration of Item 85. Yeas - 5 Nays - 1 (Harris) Roger Lang said he lives near Ms. Fussell and always wondered why the City did not complete the area with sidewalk as he feels it is a safety hazard. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Bostrom moved to recess the meeting at 6:11 p.m. to continue with the meeting of the Housing and Redevelopment Authority at which time Item 33 on the City Council agenda was considered. June 25, 1997, City Council Summary Minutes Page 18 Councilmember Harris moved to adjourn the meeting. Yeas - 6 Nays - 0 AD RNED .\ 1! P, • Nib D. id • Cop' 'resident ATTEST: Minutes approved by Council Nancy And on P-LLy 3 o /9 9 7 Assistant Council Secretary 0 a rn/mce I : N I\' 6'' 1%3 O c>o ' 1 1 I w �r. NNt\A � � N N cis L" t _., L),,' r Uti •a i-1 ° 4 t H '3 j `9 a c4 q --);),()1 oi „_, _,. c -i _ i .-_--._, z..>. ‘4( T,____ .4 c rW.tt �' O} _, a