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Minutes 08-24-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 24, 1994 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Present - 5- Councilmembers Blakey, Grimm, Guerin, Megard, Rettman Absent - 2- Councilmembers Harris and Thune (arrived immediately following the roll call) CONSENT AGENDA Councilmember Rettman requested that item 22 be removed for discussion. Councilmember Guerin requested that item 44 be removed for discussion. Councilmember Harris requested that item 47 be removed for discussion. Councilmember Megard requested that item 48 be removed for discussion. FOR ACTION 1. Approval of minutes of July 13, 1994 City Council meeting. Adopted Yeas - 7 Nays - 0 2. Claims of Katherine S. Anderson, Emest A. Bodsberg, Gloria Little, Michelle McDonald, Blair Rumble, and Ronald Threatt Refened to the City Attorney's Office 3. Summons and Complaint in the matter of Tom Hanson vs. the City of Saint. Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Leonard Prescott vs. the City of Saint. Paul. Refened to the City Attorney's Office 5. Summons and Complaint, Notice of Motion and Motion for Temporary Restraining Order, Affidavit of Lawrence P. Zielke, and Proposed Temporary Restraining Order in the matter of Independence One Mortgage Corporation vs. the City of Saint Paul. Referred to the City Attorney's Office 6. Order in the matter of Elsie Mayard vs. the City of Saint. Paul, et. al. Referred to the City Attorney's Office 7. Amended Order in the matter of Hamline-Midway Neighborhood Stability Coalition, et al. vs. the City of Saint Paul, et al. Refened to the City Attomey's Office 8. Letter from the Division of Public Health declaring 1136 Minnehaha Avenue East as nuisance properties. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) August 24, 1994 City Council Summary Minutes Page 2 9. Letters from the Division of Public Health declaring 502 Petit Street, 930 Marshall Avenue, 909 Dayton Avenue, 774 Wells Street, 759 Sherburne Avenue, and 547 Beaumont Street as nuisance properties, and setting dates of Legislative Hearing for September 6, 1994, and City Council Hearing for September 14, 1994 10. Letter from the Department of Planning and Economic Development announcing date of public hearing for August 31, 1994 to consider the request of Health One Corporation for a combination preliminary and final plat review for 333 Smith Avenue. 11. Letter from the Office of the City Attomey amending the date of hearing from August 23, 1994, to September 13, 1994, before an Administrative Law Judge conceming adverse action against licenses held by Mr. Khalid Obeidat, dba Quick Pick Grocery, 993 Payne Avenue. 12. Administrative Orders: D00207 Amending the 1994 budget in the Division of Public Health by transferring spending authority for payment of contractual fees for the I.ead Hazard Reduction Program. D00208 Addition of $4472.66 to the contract for Mississippi River Boulevard Phase VI. D00209 Addition of $5428 to the contract for the Phalen Area Handicap Accessibility Improvements. D00210 Payment of $500 to MountainStar Enterprises Ltd. for costs incurred by the Saint Paul Fire Prevention Division to conduct a training workshop on the subject and use of Article 88 of the MN Uniform Fire Code. D00212 Authorizing the Department of Library Services to lease office space at the Hamline Branch Library to the Hamline Midway Area Rehabilitation Corporation for one year beginning August 1, 1994. D00213 Authorizing the St. Paul Public Library to purchase Knotts Camp Snoopy tickets at a cost not to exceed $410 for recognition of youth volunteers. D00214 Addition of $4,485.82 to the contract for Highland Park 18 Hole Golf Course Draintile Installation project. Noted as on file in the City Clerk's Office 13. Resolution - 94-1198 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer), and Restaurant-B license by Table of Contents Inc., 1648 Grand Avenue. (ID #61754) (To be laid over one week for adoption) L,aid over to August 31 14. Resolution - 94-1199 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer), and Restaurant-B License by Miyoko Omor, dba Sakura Restaurant & Fish Market, 175 East Sth Street. (ID #34536) (To be laid over one week for adoption) Laid over to August 31 August 24, 1994 City Council Summary Minutes Page 3 15. Resolution - 94-1200 - Approving renewal of On Sa1e Liquor-C, Sunday On Sa1e Liquor, Gambling Location-C, Entertainment-III, and Restaurant-B License by Turf Club, Inc., dba Turf Club, 1601 W. University Avenue. (ID # 16199) (To be laid over one week for adoption) Laid over to August 31 16. Resolution - 94-1201 - Approving renewal of On Sale Liquor Club-C, Sunday On Sale Liquor, and Restaurant-B License by American Legion North End Post #474, dba American Legion North End Post #474, 72 West Ivy Avenue. (ID #44192) (To be laid over one week for adoption) Laid over to August 31 17. Resolution - 94-1203 - Approving renewal of various On Sa1e Liquor and Supporting Licenses by: Champp's, 2431 7th Street W.; Dixies Bar & Smokehouse Grill/Saji-Ya, 695 Grand Avenue; Rudolph's Bar-B-Que, 366 Jackson Street, #402; Rudy's Tin C�p, 1220 Rice Street. (ID #12252-23211) (To be laid over one week for adoption) Laid over to August 31 18. Resolution - 94-1204 - Approving renewal of various On Sa1e Liquor and Supporting Licenses by Fabulous Fern's, 400 Selby Avenue (ID # 14864); and Billy's On Grand, 857 Grand Avenue (ID # 18526). (To be laid over one week for adoption) Laid over to August 31 19. Resolution - 94-1205 - Approving renewal of various On Sale Wine and Supporting Licenses by Faricy's in the Village, 2012 Ford Parkway (ID #72121); and Mama's Pizza, 961 Rice Street (ID #80028). (To be laid over one week for adoption) Laid over to August 31 20. Resolution - 94-1206 - Approving renewal of various On Sale Liquor and Supporting Licenses by Parrish's, 2176 7th Street West; Rockin' East Side, 893/99 Payne Avenue; Narducci's Lounge, 1045 Hudson Road; Starting Gate, 2516 7th Street West; Kelly's Pub, 741 Edmund Avenue; and Green Mill Inn, 57 Hamline Avenue South (ID # 16157-97728). (To be laid over one week for adoption) Laid over to August 31 21. Resolution - 94-1207 - Approving renewal of various Off Sale Liquor and Supporting Licenses by Snelling Avenue Ftne Wines, 500 Snelling Avenue North (ID #23159); and Shamrock Plaza Liquors, 289 McKnight Road South (ID #29644). (To be laid over one week for adoption) Laid over to August 31 22. Discussed later in the meeting. 23. Resolution - 94-1169 - Approving the appointment, by Mayor Coleman, of Harold Hebl to the Advisory Committee on Aging. (Laid over from August 17 for adoption) Adopted Yeas - 7 Nays - 0 August 24, 1994 City Council Summary Minutes Page 4 24. Resolution - 94-1170 - Approving the appointments of Kim Bright, Bonnie Marsh, Bruce Miller, Judy Miller, Raymond Tretter, John Tschida and Kate Wolfe-Jenson, and the reappointments of Vaughn Gralla and Kay Willshire, by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (Laid over from August 17 for adoption) Adopted Yeas - 7 Nays - 0 25. Resolution - 94-1209 - Approving the appointment of Roberta Taylor Booker, by Mayor Coleman, to the Saint Paul Human Rights Commission. (To be laid over one week for adoption) Laid over to August 31 26. Resolution - 94-1210 - Approving the Reappointment of Harvey Slaughter and the appointment of John Kenefick, Nancy White, and Dow Stephen Yang, by Mayor Coleman, to the Saint Paul/Ramsey County Community Health Services Advisory Committee. (To be laid over one week for adoption) Laid over to August 31 27. Preliminary Order - 94-1211 - In the matter of the operation of the Above Standard Street Lighting System for the Lowertown Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File #18321) Adopted Yeas - 7 Nays - 0 28. Preliminary Order - 94-1212 - In the matter of the operation of the Above Standard Street Lighting System for the Ford/Cleveland Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18390) Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 94-1213 - In the matter of the operation of the Above Standard Street Lighting System for the Grand West Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File #18423) Adopted Yeas - 7 Nays - 0 30. Preliminary Order - 94-1214 - In the matter of the operation of the Above Standard Street Lighting System for the North Wabasha Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18430) Adopted Yeas - 7 Nays - 0 31. Preliminary Order - 94-1215 - In the matter of the operation of the Above Standard Street Lighting System for the Smith Avenue Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18434) Adopted Yeas - 7 Nays - 0 32. Preliminary Order - 94-1216 - In the matter of the operation of the Above Standard Street Lighting System for the Wabasha-Sth-6th Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18510) Adopted Yeas - 7 Nays - 0 August 24, 1994 City Council Summary Minutes Page 5 33. Preliminary Order - 94-1217 - In the matter of the operation of the Above Standard Street Lighting System for the Concord Phase I Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18550) Adopted Yeas - 7 Nays - 0 34. Preliminary Order - 94-1218 - In the matter of the operation of the Above Standard Street Lighting System for the St. Peter Street Streetscape Project for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File #18590) Adopted Yeas - 7 Nays - 0 35. Preliminary Order - 94-1219 - In the matter of the operation of the Above Standard Street Lighting System for the Department of Revenue Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18607) Adopted Yeas - 7 Nays - 0 36. Preliminary Order - 94-1220 - In the matter of the operation of the Above Standard Street Lighting System for the Snelling and Randolph Areas for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18626) Adopted Yeas - 7 Nays - 0 37. Preliminary Order - 94-1221 - In the matter of the operation of the Above Standard Street Lighting System for the East Seventh and Arcade Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18634) Adopted Yeas - 7 Nays - 0 38. Preliminary Order - 94-1222 - In the matter of the operation of the Above Standard Street Lighting System for the City Hall-Court House Streetscape Project for the months of January through December, 1995, and setting date of public hearing for October 12, 1994. (File # 18709) Adopted Yeas - 7 Nays - 0 39. Preliminary Order - 94-1223 - In the matter of constructing the Bates/McLean Area Storm Sewer Separation Project bounded by Mounds Boulevard, Highway 94 and Eaxl Street, and setting date of public hearing for November 9, 1994. (File # 18762) Adopted Yeas - 7 Nays - 0 40. Preliminary Order - 94-1224 - In the matter of improvements on various streets and new lighting in connection with the Bates/McLean Area Street Paving and Lighting Project, and setting date of public hearing for November 9, 1994. (File #18763) Adopted Yeas - 7 Nays - 0 August 24, 1994 City Council Summary Minutes Page 6 41. Preliminary Order - 94-1225 - In the matter of constructing sanitary sewer, storm sewer, and/or water service connections, if requested by the property owner, in conjunction with the Bates/McLean Area Storm Sewer and Street Paving and Lighting Project, and setting date of public hearing for November 9, 1994. (File # 18764) Adopted Yeas - 7 Nays - 0 42. Resolution - 94-1226 - Ratifying Town Square Service Charges for July 1, 1994 through June 30, 1995, and setting date of public hearing for October 12, 1994. (File # 18113-94) Adopted Yeas - 7 Nays - 0 43. Resolution - 94-1227 - In the matter of approving assessments for summary abatement in the Thomas-Dale Area from March through June 1994; demolition of vacant buildings for July 1994; collecting expense for towing abandoned vehicles from April-June 1994, and setting date of public hearing for October 12, 1994. Adopted Yeas - 7 Nays - 0 44. Discussed later in the meeting. 45. Resolution - 94-1229 - Adopting 1994 budget revision in the amount of $450,000 and providing spending authority for an approved settlement. Adopted Yeas - 7 Nays - 0 46. Resolution - 94-1230 - Approving the appointment of outside counsel to represent the City of Saint Paul in a workers' compensation claim. Adopted Yeas - 7 Nays - 0 47. Discussed later in the meeting. 48. Discussed later in the meeting. 49. Resolution - 94-1233 - Affirnung the decision of the City Council on August 3, 1994, to reverse a decision of the Board of Zoning Appeals and grant the appeal of Julie Magler, 1317 E. 4th Street to permit the use of the garage as a home occupation. Adopted Yeas - 7 Nays - 0 Councilmember Megard moved for suspension of the rules to introduce the following resolution: Roll Ca11 Yeas - 7 Nays - 0 Resolution - 94-1263 - Urging the Legislature to pass a new Psychopathic Personality Statute. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 August 24, 1994 City Council Summary Minutes Page 7 22. Resolution - 94-1208 - Approving renewal of various Class III Licenses held by: Payne Avenue Auto Sales, 926 Payne Avenue; M&J Auto, 461 Wilder Street North; Hilda Sandberg Trust Estate, 244 9th Street East; Hilda Sandberg Trust Estate, 260 9th Street East; Jupiter Lot, 390 9th Street East; Raymond Auto Body Inc., 1075 Pierce Butler Road; Bethesda Lutheran Hospital, 60 Charles Avenue; Apex Auto Supply, 198 Minnehaha Avenue East; Metric Auto Works, 511 Smith Avenue South; Tom's Certi�ed Repair, 80 Cottage Avenue West; Jerry's Mobil Service, 459 Robert Street South; A-J Auto Parts Inc., 106 Arlington Avenue East; Wamer Sa1es, 1245 White Bear Avenue North; Ran Ham Bowling L.anes, 490-1/2 Hamline Avenue South. (ID #13071-84499) (To be laid over one week for adoption) Councilmember Rettman requested A-J Auto Parts, 106 Arlington Avenue East, be removed from the resolution and be laid over one week for adoption. Councilmember Rettman moved approval of the amendment. L,aid over to August 31 for adoption. Roll Call Yeas - 7 Nays - 0 Councilmember Rettman moved for suspension of the rules to introduce the following resolution and that it be laid over one week for adoption. Roll Call Yeas - 7 Nays - 0 22A. Resolution - 94-1262 - Approving renewal of Second Hand Dealer-MW, Second Hand Dealer-MV Parts, and Motor Vehicle Salvage Dealer License by A-J Auto Parts, Inc., dba A-J Auto Parts, Inc., 106 East Arlington Avenue. (ID #70708) Laid over to August 31 for adoption. 44. Resolution - 94-1228 - Revoking the firearms license of the Saint Paul Firearms Company, Gregg A. Perkins, president, for the premises at 634 North Snelling Avenue. David Finewachs, representative of Gregg Perkins, spoke briefly about his clients compliance with the order. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 47. Resolution - 94-1231 - Accepting a$50,000 Urban Park and Recreation Recovery Program Grant from the U.S. Department of the Interior for the Park Partners Program. Councilmember Harris made an amendment to the resolution and wanted to ensure that no additional staff was being added. Councilmember Harris moved approval as amended. Adopted Yeas - 7 Nays - 0 48. Resolution - 94-1232 - Establishing New Permit Parking Area 10; establish "One Hour Parking 8AM-6PM, Monday-Friday, Except by Permit", on both sides of C�rfew Street from Franklin Avenue to the dead-end approlcimately 500 feet south. Councilmember Megard requested this item be laid over to a11ow for a public hearing. Laid over to September 14 Yeas - 7 Nays - 0 August 24, 1994 City Council Summary Minutes Page 8 FOR DISCUSSION 50. Resolution - 94-1154 - Amending the Salary Plan and Rates of Compensation Resolution in Section I H, Vacation. (Laid over from August 17) Councilmember Rettman moved to introduce a substitute resolution. Roll Ca11 Yeas - 7 Nays - 0 Leeann Turchin, Human Resources, indicated that the change is a further clarification of the reasons sunounding a potential waiver, meaning that someone could carry over more than 120 hours of vacation time. They are trying to establish guidelines where an employee could only carry over more than 120 hours for an emergency reason. Councilmember Rettman moved approval Substitute Adopted Yeas - 7 Nays - 0 51. Resolution - 94-1183 - Authorizing City participation and funding in a 1994 downtown shopper parking program. (Laid over from August 17) Councilmember Grimm moved to introduce a substitute resolution. Councilmember Guerin moved approval. Substitute Adopted Yeas - 7 Nays - 0 52. Resolution - 94-1688B - Establishing the rate of pay and benefits for the Unclassified Councilmember-Secretary positions. (Laid over from March 9) John Shockley, Human Resources, indicated their office was asked to do a study of the Administrative Support positions for the Councilmembers. He stated there has been a delay in receiving the job profiles which are necessary for detemuning classification and compensation matters. Councilmember Blakey indicated that he has spent a great amount of time working on the surveys and expressed his disappointment at the length of time this has taken. He questioned the time issue and again urged a decision. Councilmember Grimm reiterated why the study was done and how it establishes a base line description for the secretaries. Councilmember Grimm moved to lay this item over. Laid over to October 12 Yeas - 6 Nays - 1(Blakey) Councilmember Rettman left the meeting. 53. Resolution - 94-1234 - Establishing the rate of pay for the new classification of Public Education Officer - Fire Department in Grade 15 of the Professional Employees Non- Supervisory Ranges. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Councilmember Rettman not present for vote) Councilmember Rettman returned to the meeting. 54. Resolution - 94-1235 - Establishing date of October 19, 1994, for a joint City Council and Planning Commission public hearing to hear comments on the "Transportation Policy Plan: Draft for Community Review", and forwarding comments on the draft policy from the City August 24, 1994 City Council Summary Minutes Page 9 Council to the Planning Commission for its consideration. Councilmember Blakey indicated that the services of Metro Mobility are important. Nancy Frick, PED, indicated that while this item is not listed in the comprehensive plan it is something that needs to be worked on. She suggested that a recommendtion be made to the Planning Commission to consider placing the issue of Metro Mobility as a�fth item. Councilmember Grimm moved approval. Adopted as Amended Yeas - 7 Nays - 0 55. Resolution - 94-1236 - Authorizing the Department of Planning and Economic Development, Workforce Development Section to accept special grant funds from the Minnesota Department of Economic Security in the amount of $413,108 for programs and services for at-risk youth. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 ORDINANCES 56. Final Adoption - 93-1689 - an ordinance establishing seven positions entitled Councilmember-Secretary as specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H). (Public hearing held November 18; laid over from March 3) Councilmember Grimm requested this item be laid over. Laid over to October 12 Yeas - 6 Nays - 1(Blakey) 57. Second Reading - 94-1184 - An ordinance amending Chapter 28 of the Saint Paul Legislative Code entitled "Campaign Contributions" by adopting the contribution limitations established by State statute. Laid over to August 31 for Third Reading/Public Hearing 58. Second Reading- 94-1033 - An ordinance authorizing restaurants in the downtown business district to a11ow the sale and service of alcoholic beverages in sidewalk cafes. (City Operations Committee recommends approval) Councilmember Rettman indicated that she was concerned that there was no language providing for barricades or policing to ensure no liquor would be left outside. She requested that this be reviewed by the City Attomey and amended if necessary for the third reading. Councilmember Blakey said he would like to make sure that this is not a cost prohibitive item, and that all bars would be able to afford barricades. Laid over to August 31 for Third Reading/Public Hearing 59. First Reading - 94-1237 - 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; amending ordinance C.F. 94-931, adopted July 20, 1994. Laid over to August 31 for Second Reading August 24, 1994 City Council Summary Minutes Page 10 60. First Reading - 94-1238 - An ordinance amending Council File 93-471 an interim firearms license moratorium ordinance to conform to the Council's previously expressed intent. Laid over to August 31 for Second Reading PUBLIC HEARINGS 61. Third Reading - 94-859 - An ordinance amending the Legislative Code by adding new Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of firearms in on-sale liquor premises, to require alcohol awareness training, and to require training of bartenders on firearms and the use of deadly force. (Refened to City Operations Committee on June 15 with readings to continue in Council) (Laid over from August 17 for continuation of third reading) Councilmember Harris introduced an amendment to remove the alcohol awareness clause, and requested that the ordinance be laid over for two weeks. Laid over to September 7 for Fina1 Adoption 62. Final Adoption - 94-1065 - An ordinance establishing City residency as a condition of employment for a11 City employees hired on an original entry basis after the effective date of this ordinance. (Originated in City Operations Committee; Committee recommends approval) (Substitute ordinance submitted to Council on July 27; substitute ordinance submitted to Council on August 17 and laid over for continuation of public hearing) A substitute ordinance was submitted indicating a change requested by the Mayor's Office to re-word Section 27.02 and to clarify a recommendation by Mr. Manc to set the effective date after December 31, 1994. Councilmember Harris made a motion to aceept the substitute. Roll Call Yeas - 7 Nays - 0 Councilmember Megard introduced an amendment stating that the City residency ordinance would be repealed December 31, 1997 unless it is specifically reenacted by the repeal date. Councilmember Blakey indicated he did not support the amendment saying he did not feel comfortable putting a time-frame on the issue. Councilmember Megard moved to approve the amendment. Roll Call Yeas - 2(Grimm, Megard) Nays - 5 The following people spoke in opposition to the residency issue: Mike Morehead, Ka.thy Buck, Jerry Serfling, Corrie Glassing, Dan Vannelli, Jacqueline Kearns, Robin Madsen, Dan Palumbo, Robert Steiner, David C. Peterson and John Taschund. Councilmember Rettman moved to close the public hearing. Roll Call Yeas - 7 Nays - 0 Mr. Marx read an amended version of section six which was proposed by Councilmember Guerin regarding employees of Independent School District 625 and stated only persons employed after the effective date shall be subject to the residency rules. Councilmember Rettman moved approval of the amendment. Roll Call Yeas - 6 Nays - 1(Harris) In response to a question from Councilmember Grimm, Mr. Marx indicated that the ordinance applies only to the original entry date of employment, and stated that persons employed by the City prior to the effective date of the ordinance were exempt. Laid over to August 31 for final adoption. August 24, 1994 City Council Summary Minutes Page 11 63. Final Order - 94-1115 - In the matter of sidewalk reconstruction on both sides of North Robert Street from University Avenue to Capitol Heights and both sides of Capitol Heights from Charles Avenue to vacated Capitol Heights. (File #S9490) (Laid over from August 17) Tom Keefe, Public Works, indicated that the west side of Robert Street from University Avenue to Capitol Heights and the southwest side of Capitol Heights from Robert Street to Charles Street is State property. Public Works is working with Mr. Steel from the State of Minnesota to come up with another approach to this issue. Councilmember Rettman indicated that there had been no indemnification of the City as yet and she was unwilling to support an amendment without that. Mr. Keefe indicated that he was working with the City Attorney to work out the safety issues. Councilmember Rettman moved to lay over to August 31. Roll Ca11 Yeas - 7 Nays - 0 64. Resolution Ratifying Assessment - 94-1239 - In the matter of Summary Abatement (property clean-up and/or snow removal) in the Thomas/Da1e area from January through mid-March at 410 Blair Avenue. (File #J9406TDBC2) (9607) (Legislative Hearing Of�icer recommends apprnval) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 65. Resolution Ratifying Assessment - 94-1240 - In the matter of summary abatement (removal of garage and contents) for property at 865 Woodbridge J9407A (9605); summary abatements (property clean-up) for April and May 1994 J9408A (9606); boarding-up of vacant buildings for February and March 1994 J9407B (9602); and demolition of vacant buildings for April and May 1994 J9407C (9603). (Legislative Hearing Ot�ice recommends approval) Holly Cook, 835 Margaret Street, stated she and her husband had made every effort to comply with the order, including making arrangements to have the trash removed. However, due to miscommunication on both sides, the trash was removed by the City two days prior to the homeowners arranged pickup. Councilmember Guerin moved to waive the fees for 835 Margaret Street. Roll Ca11 Yeas - 7 Nays - 0 Leadrian Roby, 868 Carroll Avenue, indicated that this property had been vacant for some time. She did not feel they should be held responsible for the mattresses that were there when they purchased the property. However, they would have removed the mattresses once they had finished renovating their home. Councilmember Thune indicated that if a letter is sent to the property owner in regard to a summary abatement and the City does remove the property, the homeowner is liable for the costs. Mike Benst, 835 Clear, indicated that he was very upset with the determination of the summary abatement on his property. Daniel Knight, 1148 Jackson Street, questioned the amount charged for the amount of time spent at the property. August 24, 1994 City Council Summary Minutes Page 12 Gerry Strathman, Legislative Hearing Officer, indicated that the City charges a minimum fee for the abatement, the cost of traveling and equipment, and administrative costs. Councilmember Rettman moved approval. Adopted as amended Yeas - 7 Nays - 0 66. Resolution - 94-1241 - Approving application for a Second Hand Dealer-Motor Vehicle License by Quality Lincoln Mercury Inc., dba Quality Cars on West 7th Street, 1428 West 7th Street. (ID #45895) No one appeared in opposition. Councilmember Hams moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 67. Resolution - 94-1242 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4409, 957 Rice Street. (ID #22726) No one appeared in opposition. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 68. Resolution - 94-1243 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4410, 1198 Earl Street. (ID #76840) No one appeared in opposition. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 69. Resolution - 94-1244 - Approving application for a Ma1t Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4413, 2051 Grand Avenue. (ID # 15726) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 70. Resolution - 94-1245 - Approving application for a Malt Off Sa1e license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4414, 2065 Randolph Avenue. (ID #41851) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 71. Resolution - 94-1246 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4415, 97 East Annapolis. (ID # 10774) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) August 24, 1994 City Council Summary Minutes Page 13 72. Resolution - 94-1247 - Approving application for a Ma1t Off Sa1e license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4416, 1766 East Minnehaha Avenue. (ID #62835) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 73. Resolution - 94-1248 - Approving application for a Ma1t Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4418, 1030 Payne Avenue. (ID #62827) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 74. Resolution - 94-1249 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4419, 925 Grand Avenue. (ID #68995) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 75. Resolution - 94-1250 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4420, 1125 West 7th Street. (ID #66268) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 76. Resolution - 94-1251 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4421, 970 West University Avenue. (ID #75721) No one appeared in opposition. Councilmember Guerin moved approvaL Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 77. Resolution - 94-1252 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4422, 1333 Thomas Avenue. (ID #68001) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 78. Resolution - 94-1253 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of A.shland Oil Inc., dba SuperAmerica #4423, 605 Stryker Avenue. (ID # 16065) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) August 24, 1994 City Council Summary Minutes Page 14 79. Resolution - 94-1254 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4425, 275 South McKnight Road. (ID #71241) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 80. Resolution - 94-1255 - Approving application for a Ma1t Off Sale license by SuperAmerica Group of Ashland Oil Inc., dba SuperAmerica #4428, 232 South Fairview Avenue. (ID #95883) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 81. Resolution - 94-1256 - Approving application for a Malt Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4429, 782 East 7th Street. (ID #49636) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 82. Resolution - 94-1257 - Approving application for a Ma1t Off Sale license by SuperAmerica Group-Division of Ashland Oil Inc., dba SuperAmerica #4430, 846 Johnson Parkway. (ID #16213) No one appeared in opposition Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 83. Resolution - 94-1258 - Authorizing the vacation of part of the alley in Block 5, Saint Catherine Park, bounded by Ford Parkway, Mississippi River Blvd, Highland Parkway and Woodlawn Avenue. No one appeared in opposition. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 84. Resolution - 94-1143 - Authorizing the vacation of part of the alley in Block 9, Hagers Subdivision, bounded by Ivy Avenue, Mary Street, Sylvan Street, and the Burlington- Northem Railroad. No one appeared in opposition. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0(Grimm not present for vote) 85. Resolution - 94-1164 - Ordering the owner(s) to remove or repair building at 703 Wells Street within �fteen (15) days from adoption of resolution. (Laid over from August .10) (Legislative Hearing Officer recommends approval with the understanding that Martin Evenson and Peter Warner will be at the City Council meeting to present a proposed plan August 24, 1994 City Council Summary Minutes Page 15 that they have for this building/property.) Martin Evenson, son of the owner of the property, stated that the property was unlawfully condemned a long time ago, and further indicated that the garage should be removed from _ the demolition order as it was never inspected. He proposed that the house be demolished with no additional cost to him or his brothers, and stated the City should pay for the cost of the removal of the building. He stated that he would bring the property taxes current and insure that they stay current, allowing someone else to purchase the land. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0(with instruction to Mr. Warner to check on the gaxage issue) 86. Resolution - 94-1259 - Ordering the owner(s) to remove or repair building at 883 Clark Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Oftficer recommends approval) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 87. Resolution - 94-1260 - Ordering the owner(s) to remove or repair building at 718 Maryland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Oft�cer recommends allowing the new owner, �m Bonniwell, 180 days to complete the rehabilitation of this building contingent on the posting of appropriate bonds prior to the August 24 Council meeting.) Mr. Bonniwell indicated that he needed additional time to post the bonds. Councilmember Grimm moved to lay over for one week. Laid over to August 31 Yeas - 7 Nays - 0 88. Resolution - 94-1261 - Ordering the owner(s) to remove or repair building at 854 Lawson Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the new owner, Diane Speten, 180 days to complete the rehabilitation of this building.) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Megard moved to adjourn the meeting. R D 6:15 P.M. � Davi une ouncil President ATTEST: Minutes approved by Council Nancy Ande o �� o a� i�°t y Assistant Council Secretary /cc