Approved Minutes 9-19-2001Page 1 of 12
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 19, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:33 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 22)
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 BY A COUNCIL,MEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Councilmember Harris requested Item 9 be removed for discussion.
Councilmember Blakey requested Item 16 be removed for discussion.
Councilmember Benanav moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Marianne Burns, Steven Grunklee (2 claims), Robert D. Harris Trust (by Helen Resong
Trustee), Linda Huerta, Rosemount Boating Center, Inc.
Referred to the Risk Management Division
2. Summons in Application for Registration in the matter of the application of New York Bingo Palace,
LLC, a Minnesota Limited Liability Company, to register title to real estate in Ramsey County.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 2 of 12
Referred to the City Attorney's Office
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on October 3, 2001, to consider the appeal of Cermak Rhoades
Architects for the Great Northern Lofts development team to a decision of the Heritage Preservation
Commission denying a demolition permit to raze the Wells Fargo Building and adjacent storage
building at 267 -271 E. Kellogg Boulevard.
4. Letter from the Office of the City Attorney announcing that the administrative hearing previously
scheduled for September 18, 2001, concerning all licenses held by DAG, Inc., dba Champps St. Paul,
2401 West 7th Street, has been re- scheduled to October 15, 2001, at 10:00 a.m., Room 220, St. Paul
City Hall /Ramsey County Courthouse.
5. Letter from the Office of the City Attorney announcing that the administrative hearing previously
scheduled for September 25, 2001, concerning the cigarette /tobacco license held by The Ale Room, Inc.,
dba The Buttery, 395 Robert Street North, has been re- scheduled to October 5, 2001, at 9:30 a.m., Room
41, St. Paul City Hall /Ramsey County Courthouse.
6. Administrative Orders:
D002066 Authorizing expenditures, not to exceed $30,000.00, for various performers and events for
Harriet Island's Target Family Day on September 8, 2001.
D002067 Authorizing the proper City officials to enter into an agreement with Melrose Pyrotechnics to
provide a fireworks display for Harriet Island's Target Family Day on September 8, 2001.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Approval of minutes of August 15, 2001.
Adopted Yeas - 7 Nays - 0
8. Resolution - 01 -967 - Approving the application for an Auto Repair Garage, Alarm Permit (New), and
False Alarms Licenses by Thanh T. Mai, dba Jordon's Auto Service, 601 Rice Street. (Legislative
Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
9. (Discussed after the consent agenda)
10. Resolution - 01 -969 - Increasing spending authority in the Office of Financial Services to allow
payment of optional Phases II and III of the Financial Information System Study if selected by the
Finance System Team, the Finance System Steering Team, and the Director of the Office of Financial
Services.
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -970 - Authorizing the appropriate City officials to enter into a Certified Local
Government Grant Agreement with the Minnesota Historical Society for the purpose of creating and
installing signage which would identify each of the City's five historic preservation districts.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -971 - Authorizing the Department of Fire and Safety Services to accept a donation
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 3 of 12
of $5,000.00 from the Saint Paul Companies for the Risk Watch program.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -972 - Authorizing the Department of Fire & Safety Services to enter into a medical
direction pre - hospital agreement with Regions Hospital.
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -973 - Changing the rate of pay for the class titled "Deputy LIEP Director - Customer
Service" in the Salary Plan and Rates of Compensation.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -974 - Approving the City's contract with Saint Paul Neighborhood Network (SPNN)
for the provision of government access services for playback of Channel 18 programming and
distribution of Channel 18 schedule.
Adopted Yeas - 7 Nays - 0
16. (Discussed after the consent agenda)
17. Resolution - 01 -976 - Approving disbursement of Youth Program Funds to the following
organizations: (The) Broom Closet, City Swimmers, Dunning Boosters, Eastside Wrestling
Organization, Harding Area Girl's FP Softball Association, Harding Area Youth Association, Johnson
Area Youth Activities Association, Lower Eastside Football Association, Merriam Park Booster Club,
St. Paul Midway Little League, Twin Star Baseball Club, Venture Crew 4613 - BSA, Walker West
Music Academy, and Youth Express.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -977 - Approving the following organizations to the 10% Club for 2001: Eastside
Wrestling Organization, North Dale Recreation Center Booster Club, and Rice /Lawson Recreation
Center Booster Club.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -978 - Suspending the restaurant license of Erwin Utech, dba Pizza Man, 1563 Como
Avenue, for failure to pay license fees.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -979 - Suspending the Saint Paul City Contractor - General Installation License held
by Quick Set Panels Corporation, 801 Hubbard Avenue, for failure to maintain a current performance
bond.
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 01 -980 - In the matter of improving the alley in Mary McManuss
Rearrangement of Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith,
and Page) by grading and paving with a bituminous material, and setting date of public hearing for
November 7, 2001. (File 418951)
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 01 -981 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills in the grading and paving of Mary McManuss Rearrangement of
Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page), and
setting date of public hearing for November 7, 2001. (File 418951 S)
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 4 of 12
9. Resolution - 01 -968 - Adopting a summary of the Macalester- Groveland Plan as part of the City's
Comprehensive Plan.
Councilmember Harris moved to lay over two weeks.
Laid over to October 3 Yeas - 7 Nays - 0
16. Resolution - 01 -975 - Approving renewal of the City's contract with Saint Paul Neighborhood
Network (SPNN) for the provision of Public and Educational access services and community
programming.
Councilmember Blakey said he had some concerns with SPNN coverage and he wanted to discuss his
issue with the appropriate people. He moved to lay over one week.
Laid over to September 26 Yeas - 7 Nays - 0
FOR DISCUSSION
23. Report from Council Research Center, in consultation with the Police Department and
Administration, regarding the development of a program to educate members of the community on the
provisions of the Racial Profiling Agreement. (Request per Council File 01 -684 adopted on July 11,
2001; laid over from September 5)
Gerry Strathman, Council Research Director, reported that no additional information was required from
the update presented on September 5.
24. Update by the Police Department on data compiled (absent individual officer identification), as well
as efforts developed, implemented strategies and practices used to prevent racial profiling. (Requested
by the City Council per Council File 01 -520 adopted on July 11, 2001; laid over from September 12)
An update was presented by Chief William Finney, Police Department, as to where the Police
Department is at this time on the Racial Profiling Agreement with the St. Paul Chapter of the NAACP.
He said they have begun to "train the trainers" &endash; field training officers who have been trained in
the elements of the agreement and now they begin the long process of training the rest of the police
officer staff on the provisions of the agreement, etc. They expect to have the entire department trained
by the end of the year and sometime around the first of December they should be ready to fully
implement particular elements of the agreement and begin to take to take note of what the public
response is to that agreement. They have continued to maintain their data collection. The first report was
generated from April 2000 to December 2000. They have now collected 8 to 8 -1/2 months of 2001 data.
Between the first data collection and the first report and what they have now, there have not been any
changes in procedures other than to make members of the public and members of the department aware
of what the first data collection is about.
The Chief said there has been some improvement and some administration staff would like to see
additional improvement. With the implementation of the elements of the agreement, they should see
better improvement on some of the issues that were of concern in the first report.
Chief Finney reviewed a portion of the agreement and areas where they had concern: Racial Profiling,
Police Civilian Internal Affairs Commission, and Police Relations with Communities of color. Extensive
discussion took place regarding the possible practice of police officers handing out business cards to
traffic offenders.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 5 of 12
25. Report from the Council Research Center and City Attorney's Office regarding their review of the
negotiated agreement between the Police Department and the local chapter of the NAACP and
discussions between interested parties and community groups to determine City policy. (Requested by
the City Council per Council File 01 -520 adopted on July 11, 2001; laid over from September 12)
A report was presented by Chief William Finney, Police Department, in conjunction with Item 24.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
26. Final Adoption - 01 -865 - An ordinance memorializing City Council action granting the application
of the City of Saint Paul to rezone property from P -1
(parking district) to RT -2 (fourplex /townhouse residential) to allow the historic Armstrong House to be
moved to 235 Chestnut Street and restored as housing. (Public hearing held July 11, 200 1)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
27. Second Reading - 01 -964 - An ordinance memorializing City Council action taken August 15, 2001,
granting the application of ALCORN, Inc. to rezone property from B -2 to B -3 to allow for construction
of an auto repair station at 1581 Ford Parkway between Snelling and Macalester Avenues. (Public
hearing held August 1, 2001)
Laid over to September 26 for third reading
28. First Reading - 01 -982 - An ordinance placing the position titled Library Director in the unclassified
service pursuant to Section 12.02.2(H) of the City Charter.
Laid over to September 26 for second reading
29. First Reading - 01 -983 - An ordinance memorializing City Council action granting the application of
Richard Hamden to rezone property from B -2 (Community Business) to B -3 (General Business) to
allow indoor auto sales at 459 Toronto Street. (Public hearing held August 22, 1001)
Laid over to September 26 for second reading
SUSDension Item
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 01 -998 - Amending Council File 01 -12 adopted on January 3, 2001, by ordering the owner
to remove or repair the building at 783 Fuller Avenue within 120 days from adoption of resolution.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:55 p.m. to 5:33 p.m.
Roll Call: Present - 5 Absent - 2 (Coleman, Harris - arrived later in the meeting)
PUBLIC HEARINGS
30. Third Reading - 01 -864 - Amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification.
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 6 of 12
No one appeared in opposition: Councilmember Blakey moved to close the public hearing.
Yeas - 5 Nays - 0 (Coleman & Harris not present for vote)
Laid over to September 26 for final adoption
31. Third Reading - 01 -909 - An interim ordinance pursuant to Minnesota Statute 462.355, Subdivision
4, preserving the status quo with respect to the use of property in the area located on Prior Avenue, north
of University Avenue, east of the railroad right -of -way, and south of Minnehaha Avenue (a parcel
presently occupied by the Knox Lumber Company) pending completion of the study and any possible
amendments to the City's Comprehensive Plan or Zoning Ordinance necessary to give effect to the
study.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing. Yeas - 5
Nays - 0 (Coleman & Harris not present for vote)
Laid over to September 26 for final adoption
(Coleman & Harris returned)
32. Third Reading - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
altering the hearing requirements for revocation of a provisional taxicab driver's license.
Ray Sammons, 1205 Westminster Street, appeared. He read a statement suggesting that in the interest of
keeping the process public, a notice could be placed on the City Council Consent Agenda indicating that
a letter has been sent to the holder of the provisional license and that a public hearing will be held if
necessary, or something to that effect, as is done for nuisance properties
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Laid over to September 26 for final adoption
33. Resolution - 01 -984 - Concerning adverse action against the Cigarette /Tobacco License held by L &
S Automotive, Inc., dba Parkway Amoco, 304 Wheelock Parkway East.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection ( LIEP), appeared and requested this item be laid over to October 3 as the
license holder was not able to attend this meeting.
Councilmember Reiter moved to lay over to October 3.
Laid over to October 3 Yeas - 7 Nays - 0
34. Resolution - 01 -985 - Denying the Renewal Application for a Taxicab Driver's License by Margaret
M. Outwater.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LISP), appeared and said she was contacted by someone on behalf of Ms.
Outwater who indicated she was in the hospital and requested a layover of this item.
Councilmember Reiter moved to lay over to October 3.
Laid over to October 3 Yeas - 7 Nays - 0
35. Resolution - 01 -986 - Denying the license application of D & M Tuscany, Inc., dba Tuscany Grill &
Pizzaria, 1051 Hudson Road, for failure to complete restaurant project.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 7 of 12
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LISP), appeared and said the Office of LIEP was recommending denial of
the license application due to the length of time the application has been pending. The application was
received in August, 2000, and there was a five month delay until payment on the application was
received. An inspection was done and a number of things needed to be done to the premises. In April,
2001, the Office of LIEP sent a letter to the applicant asking for the status of the project and received no
response. It was then sent to the City Attorney's Office for adverse action recommending denial. A
notice of intent to deny was sent in June basically because the inspectors had been unable to gain access
to the premises to see what the state of the inside was, that it was not in compliance, and the
recommendation was for denial.
The applicant responded with a letter saying that a number of things were going on at the building and
times were provided for inspectors to access the premises. The inspectors found that it was still not up to
code and made a second recommendation for denial. A second letter was sent by Ms. Palmer
recommending denial because the premises were still not up to code. Another letter was received in
response promising that the premises would be ready to be open by September 1. On September 7 an
inspector went to the premises and indicated they were not close to being able to open.
Mark Ubel, owner of Tuscany Grill, appeared. He said that since December of 2000 they had subdivided
the property and put in a retail off -sale liquor store. Thus, the amount of equipment that had been in the
restaurant is no longer being used. He told the Health Department that rather than remodel they closed in
June and gutted the whole interior of the building. The portion of the restaurant they intend to use is the
part of the building the Health Department had no problem with them using. They will only be utilizing
about 40 percent of the square footage that the old restaurant had required when they had in -house
dining. At this time, there is no in -house dining. He said the business could be
reinspected on October 3 and if they are not satisfied at that time, he would not pursue it any further.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry requested that LIEP staff inspect the building within the next ten days so the
Council can have a report from the inspectors prior to the October 3 Council meeting.
Councilmember Lantry moved to lay over to October 3
Laid over to October 3 Yeas - 7 Nays - 0
36. Public hearing to consider the report of the Administrative Law Judge concerning the Auto Repair
Garage License held by Felipe Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LISP), said the adverse action against the license was because of failure to
comply with conditions that had been imposed on the license at the time of issuance. The initial issuance
of this license was contested, it went to an Administrative Law Judge (ALJ) hearing prior to the issuance
and at that time conditions were formulated and agreed to by the applicant. It came before the City
Council and the license was issued with those conditions. The two conditions that have not been met and
which were the subject of the most recent ALJ hearing were the requirement that the parking and storage
area be paved and that there be striping for parking on the lot, and that the existing fence on the northern
and eastern property lines be removed and replaced with a solid wood fence no later than October 31,
2000. Those conditions were not met and Mr. Samaniego was given a continuance of a date to meet the
conditions by LISP. He has still met them and a notice of violation was sent recommending the adverse
action. Mr. Samaniego missed the ALJ hearing.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 8 of 12
The ALJ submitted a report to the Council with Findings of Facts and Conclusions which Ms. Palmer
requested be adopted. A specific adverse action was not recommend by the ALJ. The Office of LIEP
recommended suspension of the license until the conditions have been met plus payment of a $500 fine.
Felipe Samaniego, owner of High Tech Auto Services, appeared.. He said he was not able to complete
the two conditions because of the cost. The owners of the property do not want to fix up the property nor
do they want to sell it to Mr. Samaniego.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Council President Bostrom noted that this issues was addressed in August or September 2000 so it has
been going on for a long time. There are cars all over and the area is in disarray, he said. He
recommended adopting the recommendation of LISP.
Councilmember Lantry moved to adopt the Findings of Fact, Conclusions and Recommendations of the
Administrative Law Judge (License suspended until all conditions have been met including payment of
$500 fine)
Adopted Yeas - 7 Nays - 0
37. Resolution - 01 -902 - Ordering the owner to remove or repair the building at 393 Sidney Street East
within fifteen (15) days from adoption of resolution. (Laid over from August 22) (Legislative Hearing
Officer recommends laying over to the October 2, 2001, Legislative Hearing and the October 24 24 ,
2001, City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, reported that this property is currently under the
conservatorship of Lutheran Social Services and they have an agreement to sell the property to West
Side Neighborhood Development Alliance. The additional time Mr. Strathman recommended allows for
the closing to take place.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and lay
over to October 24.
Laid over to October 24 Yeas - 7 Nays - 0
38. Resolution - 01 -987 - Ordering the owner to remove or repair the building at 1124 Conway Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held and no one
appeared on behalf of the property. Therefore, he recommended approval.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
39. Resolution - 01 -988 - Ordering the owner to remove or repair the building at 245 Front Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held. No one appeared
on behalf of the property and, therefore, he recommended approval.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 9 of 12
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -989 - Ordering the owner to remove or repair the building at 847 Lexington
Parkway South within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the November 6, 2001, Legislative Hearing and the November 28, 2001,
City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, said this property is in the hands of the developer who is
trying to make a decision as to whether to remove the building and build a townhouse development on
this property and an adjoining property or instead to rehabilitate the building. The owner indicated he
needed additional time to look at financing options and assess the level of community opposition or
support he might receive to his proposal.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and lay over
to November 28.
Laid over to November 28 Yeas - 7 Nays - 0
41. Resolution - 01 -990 - Ordering the owner to remove or repair the building at 62 Winifred Street
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held and no one
appeared on behalf of the property. Therefore, he recommended approval.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 01 -991 - In the matter of the assessment of benefits, cost and
expenses for grass cutting (by private contractor) (J0102G),
during May, June and part of July, 2001; summary abatements (property clean -up) (JO 105A) during
June and part of July, 2001; boarding -up of vacant building (J010413) during June and part of July, 2001;
demolition of vacant building (J0104C) during June and part of July, 2001; and abandoned vehicles
towed from private property (J0105V) during February and March, 2001. (Legislative Hearing Officer
recommends approval with the following exceptions:
914 Concordia Avenue (J0105A) - delete the assessment;
1595 Thomas Avenue (J0105V) - delete the assessment;
408 Banfil Street (J0105A) - reduce the assessment to $50.00 plus the $45.00 service fee for a total
assessment of $95.00;
462 Edmund Avenue (J0105V) - delete the assessment;
967 Edgerton Street (J0105V) - delete the assessment;
65 Winnipeg Avenue (J0105V) - delete the assessment;
291 Topping Street (J0105V) - delete the assessment)
Gerry Strathman, Legislative Hearing Officer, stated that this is a review of assessments that have been
issued by the City in a total amount of $115, 608.00. Hearings were conducted with the people who had
objections to the assessments with recommendations as noted above.
The owners of property listed below appeared and raised objections. Action taken is noted.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 10 of 12
376 Maryland Avenue East (J0105V) - Referred to the October 2, 2001, Legislative Hearing and the
October 3, 2001, City Council Meeting.
605 East Magnolia Street Q0105A) - delete the assessment
664 Edmund Avenue (J0102G) - Referred to the October 2, 2001, Legislative Hearing and the October
3, 2001, City Council Meeting.
Councilmember Reiter moved to close the public hearing and approval as amended.
Adopted as amended (including the Legislative Hearing Officer's recommendations) Yeas - 7 Nays - 0
43. Appeal of Walter Montpetit to a summary abatement order for property located at 1598 Hazel Street
North. (Legislative Hearing Officer recommends laying over to the September 25, 2001, Legislative
Hearing and the October 3, 2001, City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, stated that the property owner was issued an order to cut
tall weeds, grass, and plant growth. It is the owner's contention that this is a prairie garden and,
therefore, it should not be abated. A provision was put in the City Code a few years ago allowing certain
types of gardens; therefore, Mr. Strathman recommended laying the matter over in order for City
inspectors to review the ordinance and make a determination as to whether or not this is a garden.
Councilmember Reiter moved to lay over to October 3.
Laid over to October 3 Yeas - 7 Nays - 0
44. Final Order In Condemnation Proceedings - 01 -359 - In the matter of acquiring portions of Lots 4
through 9, Block 41, Lot 1, Block 46 and Lots 1 through 4 for property located in Rice & Irvine's
Addition for the improvement of the Science Museum of Minnesota. (File 418943E) (Laid over from
July 25)
Roxanna Flink, Real Estate Division, appeared and requested a lay over to December 5, 2000, as all the
details have not yet been worked out.
Councilmember Coleman moved to lay over to December 5.
Laid over to December 5 Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 01 -992 - In the matter of approving the assessment of benefits,
costs and expenses for the Page /Manomin Area Paving and Lighting Project. (File 418931)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 01 -993 - In the matter of approving the assessment of benefits,
costs and expenses for the Charles /Griggs RSVP Paving and Lighting Project. (File 418936)
Appearing and expressing concern about the amount of the assessment and the timeline for paying it was
Clarence Vincent, 1267 Sherburne Avenue.
Eleanor Schultz, 1224 Edmund Avenue, appeared and expressed concern that her sidewalk was cracked
by equipment as well as cement blocks and property line pipes that were removed and won't be replaced.
Staff from Public Works will go to her property and look at her concerns.
Councilmember Benanav moved to close the public hearing and approval.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 11 of 12
Roxanna Flink, Real Estate Division explained the assessment procedure and the options the property
owner has to pay the assessment. Councilmember Harris said he felt property owners should be given a
better explanation when they are sent the assessment information
Adopted Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 01 -994 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in Wards land 7 (work already done). (OOWALKS1)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
48. Resolution Ratifying Assessment - 01 -995 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in Wards 2 and 4. (OOWALKS2)
Roxanna Flink, Real Estate Division, requested 1860 Chelton Avenue be laid over in order for the
sidewalk to be re- inspected.
Councilmember Benanav moved to close the public hearing and approval as amended.
Adopted as amended (1860 Chelton Avenue - laid over to October 3)
Yeas - 7 Nays - 0
(Harris left the meeting)
49. Resolution Ratifying Assessment - 01 -996 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in Wards 5 and 7 (work already done). (OOWALKS3)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
50. Resolution Ratifying Assessment - 01 -997 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in Wards 1, 3 and 6 (work already done). (OOWALKS4)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
51. Public hearing to consider the application of Parkway Place Housing LLC to rezone property from
R -4 and B -1 to RM -2 to develop and operate an apartment project containing a minimum of 114 units
for senior residents (more than 55 years of age) and related activities at the north side of Hudson Road
between Johnson Parkway and Frank Street.
Patricia James, Department of Planning and Economic Development staff person, appeared. She stated
that this is the site of the old Johnson Brothers Liquor Store and the applicant is proposing to remove the
buildings and some of the houses on the site and create apartments for seniors.
The Zoning Committee held a public hearing on this matter and recommended approval. The Planning
Commission and staff also recommended approval.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 7
Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010
Page 12 of 12
Councilmember Lantry moved to grant the application and adopt the findings and recommendations of
the Planning Commission as contained in their resolution 401 -73 dated August 24, 2001, with the
following amendment: "up to" 114 units
Motion of Intent - Application granted Yeas - 7 Nays - 0
Gerald Frisch, the developer of the project, appeared and showed the Council what he is proposing to do
with this project.
52. Public hearing to consider the application of Lisa Kamp to rezone property from R -4 (single - family
residential) to B -1 (local business) to allow for combining with an adjacent B -1 zoned parcel in order to
construct an accessory garage for the residence at 395 West Cook Avenue.
Yang Zhang, staff person for the Planning Commission, said the purpose for the rezoning is to allow the
applicant to build a garage a on a lot which is currently vacant. The Kamps own a grocery store on the
abutting property and have owned the site for many years which has served as a back yard to the grocery
store and to the residents to the east. The Zoning Code does not allow for construction of a garage unless
the garage and primary building are located on the same parcel. However, in order to allow the garage to
be constructed it has to be rezoned.
District 6 voted on July 24, 2001, to support the rezoning and the Zoning Committee and the Planning
Commission both voted to recommend approval.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and to grant
the application and adopt the findings and recommendations of the Planning Commission as contained
in their resolution 401 -72 dated August 24, 2001.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
ADJOURNED AT 6:43 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by CouncilNancy Anderson October 17, 2001
Assistant Council Secretary
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162958\Approved ... 12/15/2010