Approved Minutes 7-9-1997 1
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 9, 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 - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
CONSENT AGENDA
FOR ACTION
Councilmember Megard requested Item #19 be removed for discussion.
Councilmember Bostrom moved approval of the consent agenda as amended.
Adopted Yeas - 7 Nays - 0
1. Claims of Gary Hall and Merrie Steiner.
Referred to Employee/Risk Management Division
2. Notice of Removal of Judge in the matter of Black Fire Fighters United vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
3. Summons and Amended Complaint in the matter of Weller Bennae Johnson vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
4. Notice of Motion and Motion To Dismiss in the matter of State of Minnesota vs. Shawn Anthony
Wingo.
Referred to the City Attorney's Office
5. Letters from Saint Paul Public Health declaring 369 Fuller Avenue, 1528 Grand Avenue, 702
Lawson Avenue East, and 421 Wabasha Street South as "nuisance properties", and setting date of
Legislative Hearings for July 15, 1997 and City Council Hearings for July 23, 1997.
6. Letters from Saint Paul Public Health declaring 1331 Bush Avenue, 452 Charles Avenue, 1010
Edgerton Street, 1369 Prosperity Avenue, 952 Russell Street, and 1451 Sherburne Avenue as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.
7. Communication from Saint Paul Animal Control dated June 30, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
July 9, 1997 City Council Summary Minutes Page 2
8. Resolution - 97-824 - Approving the appointment of Councilmember Michael Harris, Ann Briseno
and State Representative Steve Trimble, and the reappointments of County Commissioner Rafael
Ortega, Councilmember David Thune, James Adams, Richard Anfang, Carl Drake, and David
Lilly by Mayor Coleman, to the Saint Paul Riverfront Corporation. (Laid over from July 2 for
adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 97-825 - Approving the appointments of Marsha Lea Andrews, Mr. R. D. Brown,
Gabrielle Lawrence, Lucille McCarty and Ann Short, and the reappointments of Nancy White,
Lucie Ferrell and Mary Huot, by Mayor Coleman, to the Saint Paul-Ramsey County Community
Health Services Committee. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 97-854 - Approving the appointment of Councilmember Gladys Morton and the
Reappointment of Dr. Ruth Busman, by Mayor Coleman, to the Food and Nutrition Commission.
(To be laid over one week for adoption)
Laid over to July 16 for adoption
11. Resolution - 97-855 - Approving the appointments of Blong Vang, William Mason, III, and
Jennifer Engh, and the reappointments of Michael P. Hernandez, Julie Hoff, Johnny Howard,
Steven Johnson, Kathleen Laliberte, Mark Moeller, and Rhonda Smieja, by Mayor Coleman, to
the Business Review Council. (To be laid over one week for adoption)
Laid over to July 16 for adoption
12. Resolution - 97-826 - Approving the 1997 Collective Bargaining Agreement between the City of
Saint Paul and the International Association of Fire Fighters, AFL-CIO Local 21. (Laid over
from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-827 - Approving the 1997-1998 Agreement between the City of Saint Paul and
Local Union #1842, District Council No. 14 of the American Federation of State, County and
Municipal Employees AFL-CIO. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 97-828 - Approving the 1997-1998 Agreement between the City of Saint Paul and
Local Union #2508, District Council No. 14 of the American Federation of State, County and
Municipal Employees AFL-CIO. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 97-829 - Approving the October 1, 1996 through September 30, 1998 Maintenance
Labor Agreement between the City of Saint Paul and International Brotherhood of Boilermakers,
Iron Shipbuilders, Blacksmiths, Forgers and Helpers Lodge #647. (Laid over from July 2 for
adoption)
Adopted Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 3
16. Resolution - 97-856 - Finalizing City Council action taken June 4, 1997 denying the appeal of
John Kratz to a decision of the Saint Paul Planning Commission pertaining to a cluster
development on property located at XXX Juliet Avenue (east of Lexington Parkway between Juliet
and Palace).
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-857 - Finalizing City Council action taken June 25, 1997 concerning licenses held
by Olson Brothers Liquor, Inc., 678 University Avenue.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-858 - Approving submission of a Local Law Enforcement Block Grant to the
Bureau of Justice Administration by the Saint Paul Police Department.
Adopted Yeas - 7 Nays - 0
19. (Removed for discussion)
20. Resolution - 97-860 - Approving the final plat for Mt. Hope Addition located at 225 Prescott
Street (old Riverview Hospital) by the Neighborhood Development Alliance. (Preliminary plat of
the property was approved by the City Council on August 28, 1996)
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-861 - Approving an agreement with the City of Falcon Heights regarding water
system ownership by the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
22. Resolution - 97-862 - Approving an interceptor sewer maintenance agreement between the City of
Saint Paul and the Metropolitan Council Environmental Services for January 1, 1997 through
December 31, 1997.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97-863 - Amending the 1995 Capital Improvement Budget for George Street from
Smith Avenue to Concord Street.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97-864 - Accepting a grant from the Metropolitan Council and establishing a budget
for Harriet Island Park improvements.
Adopted Yeas - 7 Nays - 0
25. Resolution - 97-865 - Indemnifying Como Park Lutheran Church for space the City's S'More Fun
program will rent.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97-866 - Establishing a budget for a grant from the State of Minnesota for
accessibility at the Saint Anthony Park Branch Library.
Adopted Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 4
27. Resolution Ratifying Assessment - 97-867 - In the matter of the Arlington/Ruth Area Street
Paving and Lighting Project, and setting date of public hearing for September 10, 1997. (File
#18833)
Adopted Yeas - 7 Nays - 0
19. Resolution - 97-859 - Authorizing application to the Metropolitan Council for the Livable
Communities Demonstration Program.
Councilmember Megard moved to introduce a substitute resolution and approval saying it was
amended to include the Brewery Neighborhood and the Phalen Village project .
Councilmember Harris asked what the selection criteria was based on and specifically why
Oakland Village was omitted. Kady Lindblad, Department of Planning and Economic
Development (PED), responded that Oakland Village was one of five submitted to the
Metropolitan Council for comments. Based on their comments and readiness of the project, the
Mayor made a decision to submit the Brewery and Phalen Village. The process that was followed
by PED this year was starting with a list of 13 projects based on Council priorities identified in
the budget as well as Mayoral priorities. They were reviewed internally based upon Metropolitan
Council criteria for the program and project readiness. They were ranked and the top four
submitted to the Met Council for their comments.
Substitute adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. Resolution - 97-768 - Addition of$191,000 to the 1997 budget in the Department of Public Works
for Wabasha Street Initiative and Improvement. (Laid over from June 25)
Councilmember Collins moved approval.
Councilmember Megard expressed concern about the expenditure of$191,000 of general fund
money off budget for this initiative. Fifty one thousand dollars is designated for police overtime
for the classic car shows downtown, $50,000 for the Citizen Service Office to generate activities
downtown, and $90,000 will be used by Public Works including improved lighting for the classic
cars shows. She questioned what the public purpose was and whether a neighborhood would get
the same consideration as downtown.
Tom Eggum, Department of Public Works, responded that they are trying to assist in the short
run in developing and reestablishing Wabasha Street as a main street. They are at least one year
away from any capital improvements that can move in that direction so they are looking at doing a
variety of activities including providing more on-street parking, improving the lighting, and
pedestrian safety at the crosswalks. They are attempting to do that along with public
entertainment and a cleaner, more friendly street with flowers and banners. This program, which
was started last year, has received a lot of non-profit and private support. There is a team that
meets regularly to pursue this effort. It is slowly growing and has wide support downtown.
July 9, 1997 City Council Summary Minutes Page 5
Councilmember Megard asked about the private dollars that are being leveraged. Mr. Eggum
responded that the leveraging does not have a tremendous ratio as part of their purpose is to
develop confidence and interest in Wabasha Street. The private leverage includes the Ross Group
raising funds to do the flowers and the banners, and they have convinced local neighbors, such as
Ecolab, to follow the same color scheme and planting. Capital City Partnership is sponsoring two
major events along with the classic car show which has resulted in increased business for
restaurants.
Councilmember Blakey questioned at what time the Council had a discussion that Wabasha Street
was going to be the area to put a lot of money into. He also noted that there is no City Council
representation on the committee.
Mr. Eggum stated that the recently published "City Development Framework: St. Paul and the
Mississippi" has a great emphasis on Wabasha Street being the key street and a link between the
most likely projects that will be occurring over the next few years.
Councilmember Blakey said he would like to see a process in place where there would be a plan
to pick particular streets to be upgraded. He said he does not see a good process of how this is
being done.
Councilmember Harris asked if this will be a part of the '98 budget. Joe Reid, Budget Office,
responded that the plan is to keep the momentum going that was started last year. If there is any
financing or spending involved in this project, it will be part of the upcoming budget. They know
what it will cost to continue the program and they have some ideas of how to get better
participation from the non-profits and private business.
Councilmember Megard pointed out that there is trash on University Avenue and there are no
trash receptacles. She feels special consideration is being given to downtown at the expense of
some of the neighborhood streets and that resources are not being distributed equitably.
Adopted Yeas - 7 Nays - 0
29. Resolution - 97-833 - Finalizing City Council action taken May 7, 1997 denying the appeal of
Judy Beck, Her and Marilyn Vogel and Pam Brandt to a decision of the board of Zoning Appeals
granting variances to construct an eight unit townhouse development at 496 Laurel Avenue. (Laid
over from July 2)
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 1 (Megard)
(Megard left)
July 9, 1997 City Council Summary Minutes Page 6
30. Resolution - 97-599 - Establishing a two-year phase-out of the special assessment for the annual
operation and maintenance of Town Square Park Loft. (Laid over from July 2)
Bill Buth, Building Owners and Managers Association (BOMA), appeared and thanked the City
Council for this action and said they would like to see further development of the park.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
31. Resolution - 97-762 - Directing the appropriate City Departments to issue code compliance orders
to repair houses and two to three unit apartment buildings immediately after the house or
apartment is listed by HUD. (Laid over from July 2)
(Megard returned)
Councilmember Collins questioned if the federal government would nullify this resolution. Peg
Birk, City Attorney, responded that Steve Christie, Assistant City Attorney, has been working on
the legal issues and recommended that it be laid over.
Councilmember Collins moved to layover four weeks.
Laid over to August 6 Yeas - 7 Nays - 0
32. 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. (Laid
over from July 2)
Councilmember Morton moved to lay over one week.
Laid over to July 16 Yeas - 7 Nays - 0
33. Resolution - 97-837 - Directing the Affirmative Action Director and the Director of Human
Rights, in conjunction with the Civil Service Commission, to develop a plan to eliminate racial
and sexual discrimination in the workplace. (Laid over from July 2)
Peter Hames, Mayor's Office, appeared and reported that the Mayor supports the intention of this
resolution; however, he has a concern with the assertion that there is an increase in the number of
claims. He presented evidence indicating the information on the number of claims was not
accurate. He further stated that the administration is vigilant in their attempts to eliminate
discrimination. A workplace conduct policy has been instituted, it is being followed, and they feel
it is successful. However, they do feel it's appropriate to look at the policy to see if it might be
defective and look for ways that they can improve upon it.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 7
34. Resolution - 97-868 - Adopting the Saint Paul Transportation Policy Plan as a chapter of The Saint
Paul Comprehensive Plan.
Councilmember Morton moved approval.
(Harris left and returned during the discussion)
Councilmember Megard stated she was glad to see there is a plan in the policy to implement
decisions on Ayd Mill Road. She noted that there is continuing emphasis on adding parking
downtown. She questioned if it is truly meant that there will be assurance of an adequate supply
of parking downtown.
Nancy Frick, Department of Planning and Economic Development, said in looking at the policy
statements as a whole, throughout the plan they are attempting to strike a balance between travel
demand and capacity to accommodate travel demand. Within the downtown section of the plan, it
is one of several policies that also emphasize improvement of transit in the downtown calling for
more emphasis on pedestrian ways in the downtown, and reducing the need for parking by
working with the downtown community and large employers to development employee incentives
for using alternatives to single occupant vehicle travel. The intent of the plan in terms of supply
of parking in downtown is first to manage the existing parking supply but recognizing that there
will be locations and periods of time where the demand for parking and the supply is inadequate
even with the best efforts at improving transit, car pooling, etc. She said they hope to convey a
balanced policy. The policy focuses on constructing spaces where employee demand is not being
met.
Councilmember Morton commended staff for putting this policy together.
Concern was expressed by Councilmember Harris about the classifications. A big concern of
people in neighborhoods is speed.
Council President Thune suggested that an in-depth discussion of the Plan take place at a City
Council Policy Session.
Councilmember Harris moved to lay over to August 20.
Laid over to August 20 Policy Session Yeas - 7 Nays - 0
The City Council meeting was recessed for consideration of the HRA Consent Agenda
The City Council meeting was resumed.
ORDINANCES
35. Final Adoption - 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)
Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 8
35a. Final Adoption - 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 Collins moved approval.
Councilmember Megard said she believes this is bad policy, that it gives too much discretion to
the building officials to extend, and one of the difficulties being seen is that the problem properties
are not being addressed in a timely fashion. She would like to have them brought to the City
Council for discussion and resolution.
Councilmember Collins, the author of the resolution, said this was brought to his attention by
building officials. He said he sees this as a method of making things easier.
Councilmember Harris said he feels the City Council should have the ultimate say. The building
inspectors do not get calls like the Council offices do, he said.
Adopted Yeas - 5 Nays - 2 (Harris, Megard)
36. Second Reading - 97-839 - An ordinance amending the Saint Paul Legislative Code by adding
language and creating a new section describing circumstances to establish intent to loiter for the
purpose of distributing illegal narcotics. Also creates a new section requiring a probationary
order that prohibits return to the geographical location where the crime occurred.
Laid over to July 23 for third reading/public hearing
37. Second Reading - 97-840 - An ordinance to enact the Vendor Outreach Program as new Chapter
84 of the Saint Paul Administrative Code.
Laid over to July 23 for third reading/public hearing
38. Second Reading - 97-841 - An ordinance amending the Saint Paul City Charter to require City
employees to take leaves of absence during terms served in elective offices.
Councilmember Bostrom suggested an amendment to the language in the event there was someone
who worked for another City and who would not be affected by this ordinance. Council President
Thune requested that the City Attorney's Office look into this and respond before the third
reading.
Laid over to July 23 for third reading/public hearing
39. First Reading - 97-869 - An ordinance amending the Saint Paul Legislative Code, Appendix H,
incorporating the terms of the Transfer and Franchise Modification Agreement dated November
13, 1996 between the City of Saint Paul, Continental Cablevision and U.S. West.
Laid over to July 16 for second reading
July 9, 1997 City Council Summary Minutes Page 9
40. First Reading - 97-870 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
to allow transfer of stock by corporate licensees with the consent of the City Council, and raising
the cap on licenses to allow four additional.
Laid over to July 16 for second reading
PUBLIC HEARINGS
41. Third 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. (Selby Avenue 40-
Acre Study)
No one appeared in opposition; Laid over to July 23 for final adoption
42. Resolution - 97-448 - Concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318
Larpenteur Avenue West. (Uncontested) (Laid over from June 25)
Councilmember Collins moved that the penalty be a suspension of ten days with seven days stayed
for 18 months. Virginia Palmer, Assistant City Attorney, noted that the effective date would be
July 30, 1997. She explained that his violation was a lapse in liquor liability insurance and it
occurred soon after another violation.
Councilmember Collins changed the stayed period from 18 months to 30 months (two licensing
periods).
Arnie Kampa, Owner of Patrick's Lounge, appeared and stated that the problems have been
corrected. He requested that there be no suspension saying it would be a hardship.
Adopted as amended Yeas - 7 Nays - 0
43. 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) (Laid over from June
25)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
(Bostrom left)
44. Resolution - 97-871 - Approving application for a State Class B Gambling Premise Permit by Peg
Wetli, dba Climb, Inc. at Top Hat, 134 East 5th Street. (ID #B-02002)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
45. Resolution - 97-872 - Approving application for a Gambling Manager's License by Karen L.
Wirkus, dba Climb, Inc. at Top Hat, 134 East 5th Street. (ID #32979)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
July 9, 1997 City Council Summary Minutes Page 10
46. Resolution - 97-873 - Approving application for a Gambling Manager's License by Marilyn
Sherrick, dba Harding Area Hockey Association, at Minnehaha Tavern, 735 White Bear Avenue
and at Michaels, 1179 East 7th Street. (ID #66786 & 22873)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
47. Resolution - 97-874 - Approving application for a Patio Service License by Table of Contents,
Inc., 1648 Grand Avenue. (ID #12222)
Councilmember Harris moved approval with the stipulation that the license would not be effective
until the owner obtains signatures of 90% of affected property owners.
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
(Bostrom returned)
48. Resolution - 97-875 - Approving application for a Patio Service License by Prest Motor Inns,
Inc., dba Civic Center Inn, 175 7th Street West. (ID #73281)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
49. Resolution - 97-876 - Granting Capital Event Management a sound level variance for three
concerts on Harriet Island on July 12, August 9, and September 27 from 12:00 noon to 8:00 p.m.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
50. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from June 25)
Councilmember Blakey stated that this is an issue of a garage door and he is working to assist the
property owner. He moved to lay over six weeks
Laid over to August 20 Yeas - 7 Nays - 0
51. Appeal of Amedia LaFond to a summary abatement order for property at 900 Carroll Avenue.
(Legislative Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Harris moved to deny the appeal.
Appeal denied Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 11
52. Appeal of Donald Eyinck to a summary abatement order for property at 1457 Hazelwood Avenue.
(Legislative Hearing Officer recommends denying the appeal but allowing the owner until August
1, 1997 to take care of the problem)
No one appeared in opposition; Councilmember Bostrom moved approval.
Appeal denied (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
53. Appeal of Laura Emerson to a summary abatement order for property at 694 Jenks Avenue.
(Legislative Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Bostrom moved approval.
Appeal denied Yeas - 7 Nays - 0
54. Appeal of Tara Fohrenkamm for property at 656 Short Street. (Legislative Hearing Officer
recommends denial)
No one appeared in opposition; Councilmember Morton moved approval.
Appeal denied Yeas - 7 Nays - 0
55. Resolution - 97-877 - Approving the decision of the Legislative Hearing Officer on property code
enforcement appeals for property located at 355 Marshall Avenue (laid over from June 25), 1261
East Seventh Street, 435 Front Street, Lexington Park Apartments at 499 Lexington Parkway,
1112, 1130 and 1144 Randolph Avenue, 496 Holly Avenue, 694 Jenks Avenue, 927 West Central
Avenue, 846-848 University Avenue West, and 507 Arcade Street.
(Megard and Thune left and returned during the discussion)
Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative
Hearing on this property which involves a condemnation order.
Jerry Steel, owner of property at 848 University Avenue, appeared and said he filled out an
application for appeal but he did not receive the notice for the Legislative Hearing. He explained
the situation with the property
Mr. Strathman responded that he felt the owner was properly notified and that the violations were
sufficient for Public Health to take the action they did. If Mr. Steel has resolved the problems and
Public Health concurs, they can remove the condemnation order. Mr. Strathman recommended
that the Council deny the appeal but it will not prevent Mr. Steel from working with Public Health
to get the order lifted.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
July 9, 1997 City Council Summary Minutes Page 12
56. Resolution - 97-878 - Ordering the owner to remove or repair the building at 806 Agate Street
within fiftccn (15)ninety(90) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that this property has been vacant since
December 1996 and is currently for sale. The vacant building fee and the real estate taxes are
paid. The estimated cost to repair is $35,000.00.
Beth Asmussen, attorney for Equi Credit Corporation of America, the loan servicer for Bank of
America Illinois, the current owner of the property, appeared. She requested that demolition be
delayed for six months. Her client foreclosed on the mortgage in October 1996 and became the
owner in April 1997 when the redemption period expired. The property is on the market and
there is currently a purchase offer.
Councilmember Collins moved to grant an extension of 90 days for repair or removal.
Adopted as amended Yeas - 7 Nays - 0 (90 days for repair or removal)
(Morton left)
57. Resolution - 97-879 - Ordering the owner to remove or repair the building at 477 Curtice Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported this was heard at a Legislative Hearing.
There have been three summary abatements, two citations issued, and the City has secured the
building. Real estate taxes are owed and the bond has not been posted. The estimated cost to
repair is $50,000.00.
Wallace Nelson , 5052 Penn Avenue South, Minneapolis, appeared and stated that he and his
corporation have entered into a purchase agreement with the seller and the owner of the property.
All the requirements have been fulfilled and they have a closing date of July 15, 1997. He asked
the Council for an extension of six months.
Council President Thune suggested a two week layover in order to receive a report as to whether
the bond has been posted and the permits pulled by that time.
Councilmember Bostrom moved to lay over two weeks.
Laid over to July 23 Yeas - 6 Nays - 0 (Morton not present for vote)
(Morton Returned)
(Thune left)
July 9, 1997 City Council Summary Minutes Page 13
58. Resolution - 97-880 - Ordering the owner to remove or repair the building at 659 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to January 1, 1998 if the vacant building fee
is paid and a $2,000 bond is posted by noon, July 9, 1997)
Gerry Strathman, Legislative Hearing Officer, reported that the bond had not been posted.
Beth Asmussen, attorney for Fleet Mortgage Corp., appeared and stated that her client is currently
in the process of foreclosing the mortgage. The sheriff's sale is scheduled for August 27, 1997
subject to a six month redemption period. It is torrence property and takes two months after the
redemption period expires before they can convey the property. It is an FHA insured mortgage
and the property will go back to the Housing and Urban Development Authority (HUD). She
stated that her client will secure and maintain the property. The vacant building fee has been paid
and she requested that demolition be delayed until the foreclosure is completed and a certificate of
title is issued in the name of the lender.
Ms. Asmussen said that HUD will not pay to post bond and make the necessary repairs since they
are not yet the owner. It was her understanding the owner was going to do it but did not follow
through.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
(15 days for repair or removal)
59. Resolution - 97-881 - Ordering the owner to remove or repair the building at 85 Litchfield Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
60. Resolution - 97-882 - Ordering the owner to remove or repair the building at 1147 Virginia Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
61. Resolution - 97-883 - Ordering the owner to remove or repair the building at 855 Woodbridge
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval and amending the date for repair or removal to January 1, 1998 if a $2,000
bond is posted by noon, July 9, 1997)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Thune not present for vote)
July 9, 1997 City Council Summary Minutes Page 14
62. 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) (Laid over from June 25)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
63. Final Order - 97-884 - In the matter of construction of a sanitary sewer/connections and water
main/connections in Return Court from Worcester Avenue to approximately 180 feet south of
Worcester Avenue. (File #18839, 18839-W)
(Megard left and returned)
Peter White, Real Estate Division, explained the improvements that would be made. The
estimated assessment to each of the two parcels is $15,000. The property owner was asked to
sign a waiver of appeal which has not been done.
John Krenik, 1270 Cleveland Avenue South, appeared. He said he plans to develop single family
housing. Existing manhole covers will have to be removed, etc. He said he was willing to pay
some of the costs but asked the City to waive $30,000. One triangle is tax valued at $1,500. The
land value of another tract is $10,700. He has worked with the Sewer Division to try to scale
back the project. Mr. Krenik said it was his understanding that if he signed the forms referred to
by Peter White it would void his right of appeal to any action taken by the Council.
Councilmember Megard asked if the triangle lot was a buildable lot. Mr. Krenik responded in the
affirmative.
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0 (Thune not
present for vote)
(Thune returned)
Concern was expressed by Councilmember Harris that the waiver has not been signed. Also, he
did not feel the request for a City contribution was appropriate and that the costs could be borne in
the selling price of the homes.
Councilmember Harris moved to discontinue the order.
Discontinued Yeas - 7 Nays - 0
(Bostrom was excused from the meeting at this time)
64. Final Order - 97-885 - In the matter of condemnation and acquisition of right-of-way easement for
the Sloan Street cul de sac as required for the vacation of East Idaho Avenue. (File #18845)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
July 9, 1997 City Council Summary Minutes Page 15
65. Final Order - 97-886 - In the matter of construction of a water main and service connections in
Boxwood Avenue from approximately 260 feet west of McKnight Road to approximately 500 feet
west of McKnight Road. (File #18847)
No one appeared in opposition; Councilmember Morton moved to lay over two weeks.
Laid over to July 23 Yeas - 6 Nays - 0
66. Final Order - 97-887 - In the matter of improving the north-south alley in Fulton's Re. of Block
70, Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by
grading and paving with bituminous material. (File #18848)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
67. Final Order - 97-888 - In the matter of improving the north-south alley in Fulton's Re. of Block
70, Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by
condemning and taking an easement in the land necessary for the slopes, cuts and fills in the
grading and paving of the alley. (File #18848-S)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
68. Resolution - 97-889 - Adopting the Selby Avenue Small Area Plan as an amendment to the City's
Comprehensive Plan.
No one appeared in opposition; Councilmember Blakey moved to lay over two weeks.
Laid over to July 23 Yeas - 6 Nays - 0
MISCELLANEOUS
69. Recognition of Retiring City Employees.
There were no retiring employees present.
Suspension Items
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-890 - Approving application for a Restaurant-B and Cabaret-A License by Black
Bear Crossings LTD, 831 Como Avenue. (ID #71223)
Adopted Yeas - 6 Nays - 0
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
July 9, 1997 City Council Summary Minutes Page 16
Resolution - 97-891 - Requesting an evening public hearing by the Public Utilities Commission
regarding a proposal to divide the 612 area code and requesting review and recommendation by
City staff.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved to adjourn the meeting.
Al I 'NE Ii AT 5:'5 P.M.
Iavit Thu e, 'nci 'resident
ATTEST:
IS4P+r-S•41*-04—,..• Minutes approved by Council
Nanc And n P?o Jq 7
Assistant Council Secretary
mce