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Approved Minutes 12-22-1999Page 1 of 12 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 22, 1999 - 3:30 - 5:00 P.M. PUBLIC HEARINGS 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Web Index • Consent Agenda • For Action • Administrative Orders • Miscellaneous • Additional Items • For Discussion • Ordinances • Suspension Items • Public Hearings The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (excused) CONSENT AGENDA (Items 1 - 32) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Council President Bostrom noted a request was received to lay over Item 12 for two weeks. Councilmember Benanav requested Items 18 and 24 be removed for discussion Councilmember Harris moved approval of the consent agenda as amended. Yeas - 6 Nays - 0 Santa Claus paid a surprise visit to the City Council at this time and gave each Councilmember a holiday gift. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 2 of 12 FOR ACTION 1. Approval of Minutes of October 27, 1999. Adopted Yeas - 6 Nays - 0 2. Claims of Colleen Coghlan, Julia Kim, Kathleen Kranz, Suely Miller, and Doris Steffen. Referred to the Employee /Risk Management Office 3. Summons and Complaint in the matter of Catherine Rude vs. the City of Saint Paul, et. al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Patrick Lyttle vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Letter from Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on January 5, 2000, to consider the following cases concerning a new carriage house proposed to be built at 420 Portland Avenue: appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost to a decision of the Heritage Preservation Commission to approve the design; appeal of Ron Severson to a decision of the Board of Zoning Appeals to deny a variance to reduce the required front yard setback; and application of Ron Severson to review the site plan. 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on January 5, 2000, to consider the appeal of Lincoln Pawn to a decision of the Planning Commission granting the appeal of the District 2 Community Council of the Zoning Administrator's approval of a site plan for the expansion of a pawn shop at 1675 White Bear Avenue. 7. Letter from the Real Estate Division announcing a public hearing before the City Council on January 5, 2000, to consider a petition to vacate part of Pierce Street southerly of Carroll Avenue and north easterly of the Soo Line Railroad right -of -way and the south 1.00 foot of the west 161.10 feet of Carroll Avenue easterly of Pierce Street. 8. Letter from the Office of the City Attorney announcing that the hearing scheduled before an Administrative Law Judge on December 15, 1999, for all licenses held by Megusta Mexican Cuisine, Inc., dba Megusta Mexican Restaurant, 433 Robert Street, has been rescheduled to December 29, 1999, at 9:30 a.m., Room 41 Saint Paul City Hall -Court House. 9. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on January 26, 2000, at 9:30 a.m., Room 41 Saint Paul City Hall -Court House concerning all licenses held by Metro Bar & Grill, Inc., dba Armellia's, 1183 University Avenue. 10. Administrative Orders: D001795 Authorizing sufficient funding for the necessary maintenance of animal exhibits at Como Zoo from the Division of Parks and Recreation's 1999 Zoo Animal Special Revenue Fund Budget (380). D001796 Authorizing expenses related to a trip by Ms. Shannon Bradbury from Milwaukee, Wisconsin to Saint Paul to interview with Mayor Coleman for the position of Labor Relations Director. D001797 Transferring budget from Summer Street activities to the Alley Repair & Cleaning activity to cover expenditures incurred due to extra alley work performed in 1999. D001798 Reallocating Parking and Transit Budget in the Department of Planning and Economic Development to replace equipment at the Block 7A Municipal Ramp and for improvements to the Ryan file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 3 of 12 Avenue Parking Lot. D001799 Adjusting the 1999 year -end Department of Fire and Safety Services General Fund Activities to pay the balance with Trans -Medic for the pen -based system. Noted as on file in the City Clerk's Office 11. Resolution - 99 -1205 - Approving the appointment of Councilmember Chris Coleman and the reappointment of Councilmember Dan Bostrom, by Mayor Coleman, to the Saint Paul RiverCentre Authority. Adopted Yeas - 6 Nays - 0 12. Resolution - 99 -1206 - Approving the appointments of Councilmember Chris Coleman and Councilmember -Elect Patrick Harris, and the reappointment of Councilmember James Reiter, by Mayor Coleman, to the Saint Paul Water Board of Commissioners. Laid over to January 5 Yeas - 6 Nays - 0 13. Resolution - 99 -1207 - Approving disbursement of Youth Programs Funds to: Como Park Zoo & Conservatory Education, Hayden Heights Youth Alliance, Lexington /Hamline Community Council, Lower East Side Football, Margaret Booster Club, Merriam Park Booster Club, Midway Area Youth Athletic Club, St. Paul Science Fair Support Group, and Sports For Life. Adopted Yeas - 6 Nays - 0 14. Resolution - 99 -1208 - Amending the 1999 budget in the Division of Parks and Recreation to accommodate receipt of a $6,700.00 grant from the Department of Natural Resources National Recreation Trails Fund to the City of Saint Paul for purchase of a ski trail groomer. Adopted Yeas - 6 Nays - 0 15. Resolution - 99 -1209 - Amending the 1999 budget in the Division of Parks and Recreation to reflect additional revenues that were generated at Midway Stadium due to an increase in the parking fee. The revenues will be used to finance an unanticipated capital expense (emergency lighting). Adopted Yeas - 6 Nays - 0 16. Resolution - 99 -1210 - Amending the Grants /Aid budget in the Division of Parks and Recreation and accepting a grant from the Legislative Commission on Minnesota Resources (LCMR) in the amount of $200,000.00. Adopted Yeas - 6 Nays - 0 17. Resolution - 99 -1211 - Providing sufficient funding at the budget control level of the Division of Parks and Recreation's 1999 Grants /Aid Special Revenue Fund (860). Adopted Yeas - 6 Nays - 0 18. Discussed after the consent agenda 19. Resolution - 99 -1213 - Authorizing the Department of Fire & Safety Services to donate a 1950 Mack Fire Truck Vehicle 4203 to the 98 Vulcan Krewe, Inc. for the Saint Paul Winter Carnival. Adopted Yeas - 6 Nays - 0 20. Resolution - 99 -1214 - Denying the license application submitted by Sean A. McMurry, dba A- 1 /Able Towing, 14 Acker Street East. Adopted Yeas - 6 Nays - 0 21. Resolution - 99 -1215 - Authorizing the Office of License, Inspections and Environmental Protection file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 4 of 12 to approve the transfer of a controlling interest in corporate stock to a buyer qualified to operate a taxicab company. This sale will effectively transfer seven (7) licenses. Adopted Yeas - 6 Nays - 0 22. Resolution - 99 -1216 - Approving the 3.2 Malt On -Sale License application of Angeto's Pizza, 277 McKnight Road South. Adopted Yeas - 6 Nays - 0 23. Resolution - 99 -1217 - Authorizing the Police Department to enter into an agreement with the Minnesota Department of Human Services to provide training on how to interact and provide services to the hearing impaired community. Adopted Yeas - 6 Nays - 0 24. Discussed after the consent agenda 25. Resolution - 99 -1219- Approving use of advance financing from the State of Minnesota not to exceed $3 million dollars for the 2000 MSA Program. Adopted Yeas - 6 Nays - 0 26. Resolution - 99 -1220 - Approval to "carry forward the City's unused 1999 entitlement allocation (bonding authority) for the purpose of year 2000 issuance of qualified mortgage bonds and mortgage credit certificates. Adopted Yeas - 6 Nays - 0 27. Resolution - 99 -1221 - Approving a budget adjustment for the Brewery Neighborhood Project and allowing the immediate use of CDBG funds originally budgeted for June 2000. Adopted Yeas - 6 Nays - 0 28. Resolution - 99 -1222 - Rescinding Council File 99 -977, adopted October 6, 1999, pertaining to an assessment for property at 2388 University Avenue which was ratified twice. Adopted Yeas - 6 Nays - 0 29. Resolution - 99 -1223 - Authorizing the execution of a four -year, eleven -month agreement with the Saint Paul growers Association for the operation of the Farmer's Market and Municipal Parking lot. Adopted Yeas - 6 Nays - 0 30. Resolution - 99 -1224 - Approving the use of assessment financing in accordance with City policy for installation of a fire protection (sprinkler) system at 340 Cedar Street (Saint Paul Athletic Club - 14th floor). Adopted Yeas - 6 Nays - 0 31. Resolution - 99 -1225 - Authorizing payment of $9,274.85 to American Family Insurance as subrogee for Karla Hamm in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 32. Resolution - 99 -1226 - Authorizing Councilmembers to solicit funds for an inaugural ball on Monday, January 3, 2000. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 5 of 12 MISCELLANEOUS 51. Recognition of outgoing Councilmember Mike Harris and Legislative Aide Dan Smith. Recognition awards were presented to outgoing Councilmember Harris and his Legislative Aide Dan Smith. Councilmember Harris and Dan Smith responded with thanks and appreciation for the time they spent serving the citizens of Ward 3. Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 99 -1234 - Recognizing outgoing Councilmember Michael Harris for his hard work and dedication to the people of Ward 3 and declaring December 22, 1999, as Mike Harris Day in the City of Saint Paul. Adopted Yeas - 6 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution Resolution - 99 -1235 - Recognizing outgoing Legislative Aide Dan Smith and proclaiming December 29, 1999 as Dan Smith Day in the City of Saint Paul. Adopted Yeas - 6 Nays - 0 Additional Items An open letter to Mayor Coleman and the St. Paul City Council from the "No Connect" Coalition was presented by Councilmember Benanay. This was a statement from Merriam Park, Lexington- Hamline, Hamline- Midway, Snelling- Hamline, and Neighborhoods United community groups pertaining to the proposed Ayd Mill Road connection. 18. Resolution - 99 -1212 - Amending the 1999 budget in the Division of Parks and Recreation by transferring $450,000.00 from General Fund to the Rice and Arlington Dome. Councilmember Benanav asked if there is an end in sight for funding of the Rice and Arlington Dome. (Harris left and returned) Joe Reid, Financial Services Office, appeared. When this issue was discussed in 1998, it was estimated that with some management of costs and greater marketing of the facility, some improvement would be seen in 1999. That has been the case but not to the degree anticipated. This is a concern to the Mayor's Office, to the Division of Parks and Recreation, as well as the Finance Department. While the situation must be dealt with in 1999, Mr. Reid said it will be made a high priority in 2000 to look at all the options that are available. They do not want it to continue to be an annual event to clean up the budget for this facility at the end of each year. They realize that Parks has a significant amount of debt service that has to be met each year as well as the operating costs and all options are being looked at. There may not have been enough general marketing of the facility and Parks is now trying to focus their marketing on organizations that would have a use for it. However, he said it may be difficult to ever be totally self- supporting. Their prices are competitive but he said he did not feel the facility is being used as much as it could be during day -time hours so they are trying to find other uses for it during the times it is under - utilized. Vince Gillespie, Division of Parks and Recreation, appeared. He said when the dome is up it is at fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 6 of 12 capacity. He reiterated that the problem has to do with day -time use and the six months of the year when the dome is down. The day -time use is where the capacity is but the problem is that there is a only a small market of people to draw from. A team of staff is presently attempting to sort out what types of program could be marketed. Councilmember Harris asked if the time could be extended for having the dome up. Mr. Gillespie said that early on a lot of discussion took place on that issue. Also, there is a variance involved. From the Parks perspective, they feel the program would be improved if it was up year -round and they will be looking at all options. Councilmember Benanav asked Mr. Gillespie if Parks ever envisions a time when the dome would have to be shut down because they are losing too much money. Mr. Gillespie acknowledged that the debt service is difficult to carry. In 1999, $350,000 will be generated which is about $90,000 more than in 1998. They are projecting that $470,000 will be generated in 2000 and that will cover operating costs. "It's a daunting task." he said. Councilmember Lantry said when the numbers first came out on the dome, the projections were that the revenues would cover debt service. She asked what was wrong with the original figures. Mr. Gillespie said the figures were optimistic. Experience tells them they will improve over time but it will be difficult to reach the level that was projected. Councilmember Benanav moved approval. Adopted Yeas - 6 Nays - 0 24. Resolution - 99 -1218 - Changing some of the roadways designated as Municipal State Aid (MSA) and County State Aid Highways (CSAH). Councilmember Benanav, asked what the purpose of the roadway changes is and what the impact is. Councilmember Harris responded that part of it is MSA eligibility; if a project is taking place, a road can be eligible for funding. It's budget neutral to the City and they both adhere to the same standards as far as width and the ability to do traffic calming, etc., especially during a construction period. It's more of a maintenance issue and designation for the City to be able to maximize its MSA dollars. Benanav questioned if there is any impact on how the road can be used. Council President Bostrom said this has been done previously and it's proven that it's just where the money comes from to maintain the roads. Harris said if there was a change from a City road to an MSA road there could be a potential impact, but if it's just being moved between the County and MSA it's more of a funding mechanism. Joe Reid, Office of Financial Services, concurred with the explanation provided by Councilmember Harris and said what is important is the funding source. With the agreement the City has with the County in terms of how roads are maintained and who maintains them, the key issue is the width of the road. If it's a City street, it's a more narrow road. Ed Warn, Department of Public Works, appeared and explained that this resolution allows for the orderly implementation of the road re jurisdiction agreement that the City Council and the County Board ratified in 1993. It involves the transfer of jurisdiction of some of the primary roadways in the City such as Lexington, Grand, Randolph, and Plato. These will become County State -Aid Highways. The rules that the County operates under as far as width and traffic standards are the same whether it be a County State Aid Highway or a Municipal State Aid Street. The ultimate benefit to the City is that there will be about 30 additional miles of County State Aid Highways in the City when the jurisdiction agreement is fully implemented. It is 30 additional miles that the County will participate in upgrading. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 7 of 12 Mr. Warn said there will be no impact on speed limits, the City's ability to do traffic calming, etc. He said the rules followed by the City are also followed by the State. There is a factor that the County has an interest but historically they have allowed the City to take the lead and he does not anticipate any problems. Councilmember Coleman said traffic calming measures will definitely want to be taken on Lexington Parkway and he was not comfortable adopting the resolution until more information is received. Councilmember Coleman moved to lay over to January 12. Laid over to January 12 Yeas - 6 Nays - 0 FOR DISCUSSION 33. Resolution - 99 -1132 - Recommending denial of the Auto Body Repair Garage and Auto Repair Garage License Applications by Ray's Auto Body, Inc., 353 Larch Street. (Laid over from December 8) Bob Kessler, Office of License Inspections and Environmental Protection, requested this resolution be laid over to coincide with final adoption of Item 40, an ordinance pertaining to auto body repair shops. Councilmember Reiter moved to lay over to January 26. Laid over to January 26 Yeas - 6 Nays - 0 34. Report from the Office of License, Inspections and Environmental Protection on the number of taxicab licenses issued and change in fares. (Monthly reports requested by Council on August 25, 1999) Bob Kessler, Office of License, Inspections and Environmental Protection (LISP), appeared. He reminded the Council that 26 taxicab licenses were recently added and LISP feels the additional licenses have been successful and have addressed the service issues. The Council also adopted a maximum fare structure with the hope that it would increase competition. However, almost all the license holders decided to charge the maximum which is not providing the competition that was hoped for. City -Wide Cab is the only company still maintaining the $1.30 per mile rate. Everyone else is charging $1.60 per mile and the minimum fare has been raised to $5.00. Mr. Kessler said LISP is concerned and their next course of action will be to survey other cities in the Midwest that do not regulate taxicab fares. They also plan to do a random survey of Saint Paul residents to ask them what they feel the level of taxicab service is in Saint Paul. LIEP will present their annual report in May, 2000. ORDINANCES 35. Final Adoption - 99 -1063 - An ordinance enacted pursuant to Minnesota Statutes §462.355, Subd. 4 preserving the status quo with respect to the use of property within the City of Saint Paul pending the completion of studies of possible amendments to city zoning regulations relating to trucking facilities. (Amended and laid over from December 8, 1999) Councilmember Benanav moved approval. Adopted Yeas - 5 Nays -1 (Reiter) 36. Final Adoption - 99 -1142 - An ordinance memorializing City Council action granting the application of Sherman Rutzick to rezone property northwest of Grace and Toronto Streets and southeast of Osceola Street from RT -2 to RM -2 to allow development of a housing complex for seniors age 55 and over. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 8 of 12 (Laid over from December 8) Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 37. Final Adoption - 99 -1165 - An ordinance adding a new subdivision to Saint Paul Legislative Code Chapter 60, Division 5, entitled "Special Districts," establishing commercial and residential redevelopment overlay districts in the Shepard- Davern area. (Amended on December 15). Councilmember Harris moved approval Adopted Yeas - 6 Nays - 0 38. Second Reading - 99 -1202 - An ordinance amending Section 157.04 of the Saint Paul Legislative Code to delete an obsolete reference to the Department of Community Services and to allow the Director of Parks and Recreation, rather than the Director of Community Services or a designee, the ability to post signs indicating that tree trimming work is in progress and banning parking within one hundred feet of such work. Laid over to January 5 for third reading /public hearing 39. Second Reading - 99 -1203 - An ordinance amending Council File 97 -1568 pertaining to advertising signs to allow limited processing of advertising sign permits for DeLite Outdoor Advertising, Inc. Laid over to January 5 for third reading /public hearing 40. First Reading - 99 -1227 - An ordinance amending Saint Paul Legislative Code Chapter 423 to establish a separate license for auto body repair shops and auto body painting shops. Laid over to January 5 for second reading 41. First Reading - 99 -1228 - An ordinance to limit the number of one -day entertainment licenses available at any one location. Laid over to January 5 for second reading 42. First Reading - 99 -1229 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district sign plans creating a new special sign district ordinance for the Snelling- Hamline neighborhood to be known as the Snelling - Hamline Special District Sign Plan. Laid over to January 5 for second reading Suspension Items Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99 -1236 - Allowing fireworks to be shot off from Harriet Island for Capital New Year and holding the contractor harmless. Adopted Yeas - 6 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99 -1237 - Authorizing the Department of Fire and Safety Services to accept a donation of $20,000.00 from Local 21 for education, the honor guard and the Fire Explorers Scout program. Adopted Yeas - 6 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 9 of 12 Resolution - 99 -1238 - Accepting additional funds from SuperAmerica for Y2K public awareness campaign and approving the financing and spending plan. Adopted Yeas - 6 Nays - 0 Councilmember Harris moved for suspension of the rules to introduce the following resolution: Yeas - 6 Nays - 0 Resolution - 99 -1239 - Approving a contract with Craig Ayers and Leonard, Street and Deinard, P.A. for Labor Relations consulting services. Terry Haltiner, Office of Labor Relations, appeared and reported that Labor Relations was in contract negotiations with the Police Federation and they would like to use a consultant to provide assistance with the negotiations. Councilmember Harris questioned the $35,000 fee. Mr. Haltiner said he thought the cost would actually be under $10,000. A contract was previously approved and they would be within the financial limits of that contract. This resolution gives them authorization to hire the consultant. Councilmember Benanav noted that the resolution does not included a dollar amount. Phil Byrne advised the Council that a final resolve could be added to the resolution designating an amount not to be exceeded. Councilmember Benanav moved to amend the resolution to indicate that the cost should not exceed $20,000. If additional funds are required, Labor Relations can come back to the Council with another request. Adopted as amended Yeas - 6 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99 -1240 - Reducing the assessment, which was calculated incorrectly, for 1002 Orange Avenue East (Ivy /Earl Street Paving and Lighting Project). Council President Bostrom noted that the owners of this property were double - billed for the assessment. Adopted Yeas - 6 Nays - 0 Councilmember Coleman moved for suspension of the rules and first reading of the following ordinance. First Reading - 99 -1241- An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans by creating a new special sign district plan for the West Side Neighborhood to be known as the West Side Special District Sign Plan. Laid over to January 5 for second reading Yeas - 6 Nays - 0 Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 99 -1242- Approving the application for an on -sale liquor license for Osceola Partner, Inc., dba The Glockenspiel Restaurant, 381 Michigan Street. Adopted Yeas - 6 Nays - 0 Councilmember Coleman moved for suspension of the rules and approval of the following resolution: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 10 of 12 Resolution - 99 -1243- Waiving the 45 -day notification requirement for issuance of a liquor license for Osceola Partners, Inc., dba The Glockenspiel Restaurant, 381 Michigan Street. Adopted Yeas - 6 Nays - 0 The meeting was recessed from 4:40 p.m. to 5:35 p.m. Roll Call: Present - 5 Absent - 2 (Blakey, Coleman - excused) PUBLIC HEARINGS 43. Third Reading - 99 -1157 - An ordinance amending Chapters 87, 89, 90, 92, and 94 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as recommended by the Board of Water Commissions of the City of Saint Paul. No one appeared in opposition; Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 Laid over to January 5 for final adoption 44. Third Reading - 99 -1179 - An ordinance enacted pursuant to Section 17.07.1 of the Charter of the City of Saint Paul and Section 409.20 of the Saint Paul Legislative Code creating a Commercial Development District on property with the address of 2082 Ford Parkway. Ray Samons, 1205 Westminster Street, appeared. When there is a shortage of licenses in a given ward, and another ward has many more licenses than the average, he said he felt a way should be found to move a license and balance them out. Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 Laid over to January 5 for final adoption 45. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by Todd Erickson, dba Summit Amusement, 2274 University Avenue West. (Laid over from December 8) Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP) provided a staff report. Adverse action was begun against the licenses held by Summit Amusement based upon non - payment of their 1997 -98 and 1998 -99 license fees. A notice of violation was mailed on July 30, 1999, setting forth the basis for the violation. The response from the license holder, Todd Erickson, requested an Administrative Law Judge (ALJ) hearing. The notice of the ALJ hearing informed Mr. Erickson that the issues would be confined to whether the fees had been paid and he was advised that if he had proof of payment to provide that information at the hearing. Mr. Erickson did not provide anything prior to the hearing and he failed to appear at the ALJ hearing. The report shows he was default and recommends appropriate action against the licenses. The last time this matter was before the Council, Mr. Erickson claimed that he could show proof that he had paid the license fees so the matter was laid over, Ms. Palmer said. However, he was not able to provide any proof of payment of the fees. The Office of LISP recommended that the license held by Mr. Erickson be suspended until full payment is made. On this date, Mr. Erickson made a payment of $2,000 at the fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 11 of 12 Office of LIEP but the total amount is approximately $2,600. Ms. Palmer said they are also recommending that Mr. Erickson pay the cost of the ALJ hearing which amounted to $273.00 based upon his failure to appear at the hearing. Todd Erickson appeared and provided an explanation to the Council of his situation. He contended that 100 percent of the fees were paid on this date. Councilmember Reiter asked if the amount Mr. Erickson owes includes penalties. Ms. Palmer responded that the original amount he was charged was $4,389.00 for the two years which did include late penalties in the amount of $293.00. They originally were $731.50 for each year. However, Mr. Erickson talked with Licensing, showed them some certified receipts that actually were sent to the City of Minneapolis, and the late fees were reduced. Councilmember Reiter moved to waive the penalties but requested that prior to the licenses coming due, Mr. Erickson personally deliver a check to the Office of LISP. Councilmember Benanav moved to close the public hearing, adopt the Findings of Fact and Conclusion of Law in the Administrative Law Judge (ALJ) report and suspend licenses until all fees are paid. The suspension was stayed for 30 days from December 22, 1999, on the condition that all fees, plus the cost of the ALJ hearing, are paid by January 15, 2000. Yeas - 5 Nays -0 46. Appeal of Richard Brown to a Summary Abatement Order for property at 1763 Thomas Avenue. (Legislative Hearing Officer recommends laying over to the January 4, 2000, Legislative Hearing and the January 12, 2000 City Council meeting) Councilmember Harris moved to lay over to January 12. Laid over to January 12 Yeas - 5 Nays - 0 47. Resolution - 99 -1230 - To consider vacating the right -of -way abutting the intersection of Bidwell and Delos Streets. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 48. Resolution - 99 -1231 - Increasing the Sewer Service Availability Charge (SAC) from $1,050.00 to $1,100.00 beginning January 1, 2000. Peter White, Real Estate Office, appeared. He stated that every year it seems the Metropolitan Council raises the sewer availability charge by approximately $50.00. It's the charge they make to the City for any building permit for a property that did not have a sewer available to it. That charge is passed through to the property owner who is coming in for the building permit and then passed on to the Met Council. Councilmember Lantry asked if each municipality pays the same amount. Mr. White said there are two levels and Saint Paul pays the lower level. The other level is for municipalities that do not have trunks available. Councilmember Lantry asked if the Metropolitan Council could be asked to provide an explanation as to why the cost increases routinely. Mr. White said he does have correspondence from the Met Council with an explanation and he will distribute the letter to the Council. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010 Page 12 of 12 49. Final Order - 99 -1232 - In the matter of improving the alley in Block 2, Sylvan Park bounded by Stanford, Saratoga, St. Clair and Warwick by grading and paving with a bituminous material. (File 418916) (To be laid over to January 12 for public hearing) Councilmember Harris moved to lay over to January 12. Laid over to January 12 for public hearing Yeas - 5 Nays - 0 50. Final Order - 99 -1233 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject land or reminder thereof, occasional by excavations thereof or construction of slopes in the grading and paving of the alley in Block 2, Sylvan Park bounded by Stanford, Saratoga, St. Clair and Warwick. (File 4189165) (To be laid over to January 12 for public hearing) Councilmember Harris moved to lay over to January 12 Laid over to January 12 for public hearing Yeas - 5 Nays - 0 Councilmember Harris moved to adjourn the meeting. ADJOURNED AT 6:03 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson February 23, 2000 Assistant Council Secretary fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154051\Approved ... 12/15/2010