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COUNCIL MINUTES_APRIL-DEC_1979_46BROLL IDENTIFICATION SHEET ROLL NUMBER //JJ T- 7(& 15 DEPARTMENT C / �/-Ce DATE MICROFILMED 3Z3,,_ CONTENTS-- //i% /E S 6,A-- rl& C1404kWell- NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS I!o 1979 of c, c- �tr -T750 7 NUMBER OR NAME OF LAST DOCUMENT MICROFILMED SIGNED �J / • )ATO - � OPERR CAMERA CENTRAL SERVICES - MICROFIIM REDUCTION Z2- EXPOSURE IM10 v IMAGE COUNT LABOR FOR FILMING CAMERA ORIENTATION 0.06kSONSIOCc (MRC -4 & MRD -2 only IMAGE ORIENTATION: CINES or COMIC DOCUMENT ORIENTATION E 1�C S DUPLEX or SIMPLEX X ADDITIONAL INFORMATION 57507. MINUTES OF THE COUNCIL 1:30 P.M. April 16, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The recessed April 12th, 1979 Council Meeting was ordered reconvened by President Hozza at 1:30 P.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza ... 7 Absent - No one. Council President Hozza announced that the purpose of today's meeting is to continue discussion and hearing testimony concerning liquor license investigations. He said he conferred with Mr. Hunegs who requested not to be present because he has not officially been employed and his duties have not been determined. Councilman Hozza suggested that the Council hear Mr...Heine and then Mr. Perron and then anyone else the Council wants to recall and then discuss the terms and conditions for Mr. Hunegs. Mr. William C. Heine was sworn in and was represented by his attorney Mr. John Bannigan and Mr. Bannigan said Mr. Heine does not have an opening'statement and would answer questions of the City Council. Mr. Heine answered questions of all Councilmen regarding conversations and events that led to_a recorded conversation with Mr. Carchedi, License Inspector. At the question of Councilman Hozza, Mr. Heine said his father is on active duty with the Navy and could not be available today but is willing to testify in the future. Mayor Latimer indicated that he will not pursue questions today because he thinks the hearing examiner will resolve the issue. Mr. Paul Tschida, Superintendent of the Minnesota Bureau of Crime Apprehension and Mr. Ray Perron, employee of the Minnesota Bureau of Crime Apprehension, appeared and were sworn in. Mr. Tschida outlined the role his bureau played in the investigation and said he is available for questioning and Mr. Perron would be available for questioning subject to his approval. He stressed that at all times Mr. Perron was an employee of the State and not an employee of the City Police Department. (Councilman Hozza left the meeting at this point to attend a Legislative Committee meet- ing regarding the downtonw people mover). . \ At the questions of all Councilmen, Mr. Tschida and Mr. Perron answered questions con- cerning Mr. Perron's involvement in the Police investigation, the Minneapolis report on liquor investigations, the manner of the St. Paul investigations, the background of Mr. Perron, the types of recording devices, the matter of the use of felons, personnel records of Mr. Perron and various conversations with the Police Department and others during the course of the investigation. Councilwoman Bulter said she was informed by Mr. Tschida yesterday that the Attorney General will not release the personnel file of Mr. Perron and she referred to a City Attorney opinion dated Sept. 21, 1976 which she submitted as Exhibit 1 and which she said provides that the documents are public and should be released and she asked the City Attorney to ask that the documents be produced. (Councilwoman Hunt left the meeting during the previous discussion). Mr. Byrne, Assistant City Attorney, said at the Council direction he has prepared a working draft resolution pertaining to the employment of a special investigator and Councilwoman Bulter suggested that the Council hear Mr. Heine, Sr. firstiand also listen to the Carchedi tapes prior to giving a charge to the investigator. Councilman Maddox said it is time to turn the matter over to an investigator and Council- woman Butler said she thinks the questions of legal representation must be resolved. Mr. Byrne said he thinks the tasks are legal work rather than detective work and ther ae was considerable discussion concerning the investigation and legal representation and Councilwoman Butler said she thinks all investigative work, depositions, ect. should be public. Mayor Latimer stressed the need not to publicize everything that is said to the investiga- tor prior to a determination being made. After further discussion Councilwoman Showalter moved that the proposed resolution be laid - over until tomorrow to allow changes to be made by the.City Attorney concerning legal representation and providing that the investigation be made by Mr. Hunegs without being the Council's legal representative. Adopted. Yeas - 5 s - 0 Councilman Maddox moved that the meetin a adjourned. Adopted. Yeas - 5 Nays 0 A �-J 0 n U II Nj� D AT 4:00 P.M. W j I U Council Pres. Cit Clerk. /j) g sent to Councilt� a� 9 Minutes appro e by Council 57508. J THE MEETING OF THE CITY COUNCIL \ 10:00 A.M. ` April 17th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:10 A.M. Present - Councilmen Butler, Hunt, Maddox, Showalter, Mr. Vice President Tedesco ... 5 Absent - Councilmen Levine, Hozza... 2 (Councilmen Levine and Hozza arrived during the meeting) Hearing on the petition of Independent School District No. 625 for the vacation of portions of Virginia, Farrington, Iglehart, Marshall Place, Louis St. and Cathedral Place all within the Technical Vocational Institute site. Councilwoman Butler moved that the hearing be continued indefinitely. Adopted. Yeas - 5 Nays - 0 C.F. No. 272793. FINAL ORDER. In the matter of reconstructing sidewalks on portions of Bradley, DeSoto, Rose, Wakefield, Hancock, Reaney, York, Wells, Margaret, Clear and Sims Avenue, under P.O. 272619. Mr. Kuhfeld of the Public Works Department said the proposal on Rose Avenue calls for only replacement of one portion near a tree heave and after talking to the owners of the funeral home they will submit a new order calling for construction of sidewalk in front of the funeral home. No one appeared. Councilwoman Hunt moved that the order be approved. Adopted. Yeas - 5 Nays - 0 C.F. No. 272794. FINAL ORDER. In the matter of constructing a public storm sewer in Block 1, Anderson Addition under P.O. 272611. A report of the Public Works Committee was read recommending that the 'city share in financing the project at 50 percent of the cost, which is estimated at $9,100. No one appeared. Councilwoman Butler moved approval of this order and the following final order in accordance with the recommendation of the Public Works Committee. Adopted. Yeas - 5 Nays - 0 C.F. No. 272795. FINAL ORDER. In the matter of condemning and taking a ten foot wide permanent sewer easement and construction easement over part of Lots 1 through 4, Block 1, Anderson Addition, under P.O. 272612. Adopted. Yeas - 5 Nays - 0 FINAL ORDER. In the matter of grading and paving the alley in Block 10, Denslow's Re. from Hazelwood Avenue to approximately 425 feet east and construct a storm sewer and an easement in Lot 6 from the alley to Reaney Street, under P.O. 272543. A recommendation of the Public Works Committee was read recommending that the orders be withdrawn because 75 percent of the property owners oppose the. improvement. No one appeared. Councilwoman Butler moved that this final order and the following final order be withdrawn. Adopted. Yeas - 6 Nays - 0 Councilman Levine arrived prior to the above roll call. FINAL ORDER. In the matter of opening, widening, and extending the alley in Block 10, Denslow's Re. and acquiring a permanent easement for sewer purposes and condemning land necessary for slopes,cuts and fills in connection with the grading and paving of the alley in Block 10, Denslow's Re, under P.O. 272544. The order was withdrawn. 57509 April 17th, 1979. C.F. No. 272728. FINAL ADOPTION. ORD. NO. 16515. An ordinance amending the Zoning Code and rezoning properties located in the area bounded by Lafayette Rd., Collins St., Payne Ave., North St. and Iris aka part of Lot 1 and all of Lots 2 thru 5, Block 11, Warren and Winslow's Addition and Blocks 1 thru 5, Irvine's Addition Outlots. Adopted. Yeas - 6 Nays - 0 C.F. No. 272729. FINAL ADOPTION. ORD. NO. 16516. An ordinance amending Section 74.13 (D) of the Legislative Code so as to authorize an increase in the hourly rate for hearing panels in human rights violations. Adopted. Yeas --6 Nays - 0 C.F. No. 272730. FINAL ADOPTION. ORD. NO. 16517. An ordinance amending Zoning Code so as to rezone certain properties in District #8 pursuant to the 40 Acre provision of the law. Councilwoman Hunt suggested the ordinance be laid over for two days until Thursday and until after consideration of a related matter by the Housing and Redevelopment Authority tomorrow. Councilwoman Butler said she thinks the rezoning should be considered before the HRA selection of a developer for the McKinley site because the rezoning takes five votes. After some discussion Councilwoman Hunt said she thinks the Council should then approve the 40 Acre Study at this time and should not hold up the rezoning because of a difference of opinion on the use of one property involved and there was agreement that the ordinance should be considered for adoption today. Roll call on the ordinance. Adopted. Yeas - 6 Nays - 0 C.F. No. 272755. THIRD READING. An ordinance amending Ordinance No. 13539 (Parking Meter Zones) so as to add parts of St. Peter and of Fourth St. and to delete parts of Seventh and of Cedar Streets. Mr. Gary Tankenoff, Chairman of the Parking Commission, said meters in front of Butwinicks Furniture Store have already been removed and the Parking Commission unanimously voted to reject the request to remove these meters. He referred to the facts considered by the Parking Commission and said he thinks the removal of meters will hurt the furniture store. Councilwoman Butler said the Public Works Committee considered this matter and the request for removal of meters came from Mr. Butwinick and the Parking Commission recommendation was recognized. Councilman Maddox said the biggest problem in the downtown is parking and it is foolish to increase parking meter rates. Mr. Tankenoff said the Parking Commission is not advocating an increase in meter rates but has agreed to a compromise to increase them lOp per hour. He said employees especially in lowertown are controlling the meters and a lOfi increase won't hurt transients but will hurt all day parkers and he also said they are looking into the possibility of purchasing the Harkins property for parking purposes. The ordinance was laid over one week to April 24th for Final Adoption. Claim of Diane Bernthal by Attorney,Cullen Law Firm,,Suite 1435, Soo Line Building, Minneapolis, Minnesota, filed on April 12, 1979, was read. Referred to the City Attorney's Office. Claim of Joanne Clements, 434 W. Lawson, St. Paul, Minnesota, filed on April 11, 1979, was read. Referred to the City Attorney's Office. Claim of David H. Francis, #3 Madison's Tr. Ct., Brookings, So. Dak., filed on April 12, 1979, was read. Referred to the City Attorney's Office. Claim of Mark Minelli by Attorney Roger Nurnberger, 1014 Grain Exchange Bldg., Minneapolis, Minnesota, filed on April 12, 1979, was read_ Referred to the City Attorney's Office. Summons and Complaint in the matter of Karen Hadnot versus the Summit Court, Inc. and the City of St. Paul. Referred to the City Attorney. Notice of Hearing from the State Energy Agency in proposed amendments of rules for applications for certificates of need for large electric generating facilities and large high voltage transmission lines: Filed. 5.7510. April 17th, 1979. Letter from the Director of the Department of Finance and Management Services reporting the petition of Sam Cukier to rezone parts of vacated Funk St. and Lots 1 and 2 and 27 thru 30 of Meyer and Funk's Subdivision of the east 1/2 of Block 3, Kerwin's Outlots is sufficient. Referred to the Planning Commission for recommendation. Letter of the Valuation Engineer reporting that the petition of Modular Homes of Minnesota, Inc. for the vacation of Barclay Street from Burns Ave. to McLean Avenue is in proper form. Filed. Administrative Orders: D 4869 - Acceptance of $3,900.00 settlement in the Workman's Compensation account matter of Terrance O'Brien, police employee. D 4870 - Payment from Workers' Compensation Account of $718.46 to Roger Garner, Dept. of Fire and Safety Services employee. D 4871 - Payment from Workers' Compensation Account of $9,450.00 to George Ehrman, Dept. of Community Services employee. D 4872 - Payment from Workers' Compensation Account of $292.60 to Walter Auge, Dept. of Public Works employee.: D 4873 - Luthorization to revise and put into use a new schedule of prices of comparable rental housing in locality for determination of replacement cost housing in relocation activities. Councilman Hozza arrived at this point in the meeting and Councilman Maddox left the meeting at this point and returned later in the meeting. Resolution amending terms and conditions of the 1978-1980 Agreements between the City of St. Paul, ISD #625 and the Tri -Council Bargaining Unit, composed of Operating Engineers Local 49, Teamsters Local 120 and Laborers Local 132. (First Reading) Laid over to April 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by placing an asterisk before the titles Jackhammer Operator and Mortar Mixer in Section 7 under the heading "Semi -Skilled Labor" and striking their specifications in Section 49. (First Reading) Laid over to April 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Stores Laborer in Section 7 under the heading "Semi Skilled Labor" and amending Section 49 by inserting its specifications. (First Reading) Laid over to April 24th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compensation Resolution by inserting the pay rates for the title Stores Laborer in Section 7, Subsection L. (First Reading) Laid over to April 24th for Second Reading and Adoption. C.F. No. 272796. Resolution granting Bingo Game License to organizations as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272797. Resolution approving the appointment of Harry Neimeyer to serve a one year term on the Capital Improvement Budget Committee. Adopted. Yeas - 6 Nays - 0 C.F. No. 272798. Resolution granting renewal of Sunday On Sale Liquor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272799. Resolution approving the transfer of Off Sale Liquor license from Applebaum's Food Markets, Inc. at 2023 Marshall Ave. to The Applebaum Companies, Inc. at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 272800. Resolution denying the application of the L'ni-Dale Development Corporation for renewal of an Off Sale Intoxicating Liquor license. President Hozza asked if anyone wanted to be heard and no one appeared. Adopted. Yeas - 6 Nays - 0 57511. April .17th, 1979. C.F. No, 272801. -Resolution granting licenses to persons as listed Adopted. Yeas - 6 Nays 0 C.F. No. 272802. 'Resolution granting licenses to persons as listed. Adopted. Yeas - 6 Nays 0 C.F. No. 272803. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272804. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272805. Resolution granting a Going out of Business Sale license to Harvey's Men's Store, Inc. at 431 Wabasha St. Yeas - 6 Nays - 0 Adopted. C.F. No. 272806. Resolution authorizing application to the Minnesota Crime Control Planning Board for block grant monies in the amount of $481,344.00 for activities as listed and as part of the FY 1980 LEAA annual action plan for St. Paul Ramsey County. Adopted. Yeas - 6 Nays - 0 C.F. No. 272807. Resolution authorizing a Lease Agreement with Ramsey Hill Properties, Inc., for city rental of property at 518 and 524 Selby Avenue for purposes of a Team Police office and adjacent parking area. Adopted., Yeas - 6- Nays - 0 Councilman Maddox returned to the meeting at this point. C.F. No. 272808. forfeited land as listed to the Resolution approving the conveyance of tax Housing and Redevelopment Authority. Adopted. Yeas - 7 Nays - 0 Resolution regarding Bicycle Safety Poster Contest. Councilman Levine said the resolution has not yet been prepared and it was agreed that the matter would not be placed on the agenda until the proper resolution is prepared and submitted. No. 272809. Resolution authorizing the Director of Public Works to sign on behalf of the City of St. Paul, a Grant Agreement with the State of Minnesota for the Lower Afton Rd. bike path. Adopted. Yeas - 7 Nays - 0 C.F. No. 272810. Resolution approving the appointment of Thomas Mooney as special counsel to act as hearing officer in a discrimination case involving the Human Rights Department, Floyd Dennis versus Ford Motor Co. A e selection At the question of Councilwoman Butler, Ms. Flinch explained that th process involving the Bar Association is not yet operational and this selection was made by the City Attorney's office. Adopted. Yeas - 7 Nays - 0 The Council at this time discussed a proposed draft resolutionappointingRichard G..,,. Hunegs to conduct a special inquiry into liquor license investigations. Councilwoman Showalter said she thought new draft was going to be prepared providing that the City Attorney would remain as the City Councils legal advisor And several Councilmen agreed and Ms. Flinch noted that most of the work of the investigator is legal work and best suited for a lawyer. After some discussion Councilman Hozza said he interprets the intent of the Council today to have the City Attorney still act as the City Council's legal advisor and that a line be drawn between the investigator and the City Attorney and he suggested a further meeting to resolve this item. gs is an Councilwoman Butler said she wants the resolution clear that Mr. Hune investigator but the City Attorney's office is still the legal council for the City Council. (Discussion continued to the following page). 57512. April 17th, 1979. (Discussion continued from the previous page) Councilwoman Butler said Mr. Hunegs should be accountable to the City Council and the City Attorney must protect the City Council on mistakes and erwnrs. Councilman Hozza said it should be clearly set out who Mr. Hunegs is responsible to and where does he go to get a question answered during the investigation. Ms. Flinsch said the resolution gives the investigator total independence with one final report and the City Attorney.'s.office would beavailablefor briefing. She said policy questions concerning the investigation would not be a matter for the City Attorney to deal with. Councilman Maddox suggests that the Council President represent the City Council concerning questions of the investigator. Councilman Levine suggested that the investigator be given total independence and he said he thinks the Council President can answer questions during the investigation and if there are problems it could be considered by the entire Council but the Council President should be the contact person. Councilwoman Hunt said she thinks policy questions should be answered by the entire City Council. Councilman Hozza said he thinks the Council wants the investigator touhave inindependence within the scope of work and he suggested that if any questions g the investigation that are conveyed to the Council President they would be circulated to all Councilman and a reply be given and he said as a Council President and member of the License Committee he wants protection and wants to be under oath like anyone else. ould like her deposition to be made in public and she Councilwoman Butler said she w asked if there would be such a provision. Councilman Maddox said public depositions must be done very carefully if they involve other people but he said he has no problem making his own deposition \ public. Councilman Hozza said the entire report may become public record at some point an this should be taken into consideration. Councilwoman Butler said Mr. Hunegs should be told that the Council does not want him to to consider rumors. Councilman Maddox moved that an amended resolution be prepared and be placed on the Thursday, April 19th Council agenda. Adopted. Yeas - 7 Nays - 0 Councilman Hozza reported that the Downtown People Mover Project passed the Senate Transportation Committee this morning. Councilman Maddox moved that the meeting be adjourned.- 0 Adopted. Yeas - 7 Nays Copies sent to Councilmen Minutes approved by Council `3/-3 57 513J MINUTES OF THE COUNCIL 9:00 A.M. April 18th, 1979 COUNCIL CHAMBERS - CITY.HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Hozza at 9:10 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one. Public Hearing on the application for the transfer of Off Sale Liquor License issued to A.B.C. Liquor Warehouse, Inc. at 1055 Payne Avenue to the N. W. corner of White Bear Avenue and Suburban Avenue being described as Lots 3 & 4, Block 2, Target -East St. Paul. Councilwoman Hunt asked the City Attorney to restate his comments of last week per- taining to the basis for denial of a license and Mr. Byrne, Assistant City Attorney, said that a previous opinion was written stating that damage to competition is not one of the factors that can be used to deny a license. Councilwoman Hunt said her motion of last week stands to approve the application. Councilman Levine said he has always been concerned with traffic in that area and would like more information concerning projected traffic and the traffic engineer told him it could be worse because of the zoning of the area. He asked the applicant about traffic projections and what the alternative would be if the application would be denied. Pat Maglich said they plan to generate business from the existing traffic in the area and have approval of the traffic engineer. Councilwoman Showalter said the District Council for the area approved the proposal be- cause the alternative was for a fast food operation. At the question of Councilman Levine, Mr. Byrne, Assistant City Attorney, said the basis for denial could be a flaw in the record of the applicant or for traffic factors and at this point the only opposition is soley to competition. Roll call on the motion to grant the application. Adotped. Yeas - 5 Nays - 2 (Councilman Maddox, Councilman Tedesco) Councilman Tedesco said he voted against the Target Store and other businesses in the area and he feels another addition would add to the problems of the area. Application for the transfer of Off Sale Liquor License issued to Xanadu Wine & Spirits Limited, Incorporated, Lillian P. Thomas as sole officer and and as sole stockholder, located at 608 University Avenue to Robert P. Hickman as sole officer and stockholder. Mr. Carchedi reviewed the application and recommended approval. Councilman Maddox moved that the application be granted. Adopted. Yeas - 7 Nays - 0 Request by Attorney John Bannigan for a change in the hearing date on the transfer of the On Sale Liquor License held by Heine, Inc., from 488-92 St. Peter Street to 777 Grand Avenue from May 23 to May 30, 1979. Councilwoman Hunt moved that the request be granted. AAbstentions - 1 (Councilman dopted. Yeas - 6 Nays - 0 Tedesco) Mr. Carchedi said he has been asked to report on the operation of a Second Hand Auto Dealer License at 1550 Rice Street and he said they have conducted an investigation and the public hearing will be held before the License Committee next week. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 Copies sent to Councilmen_, Minutes approved by Council 7%a*V J 57514. MINUTES OF THE COUNCIL 10:00 A.M. April 19th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:10 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Mr. Vice President Tedesco...6 Absent - Council President Hozza...I Approval of minutes of City Council Meetings of March 28, 29, 00, 1979 and April 3, 4, and 5, 1979. Councilman Maddox moved approval of the minutes. Adopted. Yeas - 6 Nays - 0 Vice President Tedesco said the nominations of the Governor's Residence, Blair Flats/Angus Hotel, Ward Beebe House, James J. Hill House, Adolph Muench House, The Saint Paul City Hall & Ramsey County Courthouse and the Saint Paul Union Depot would be considered as a unit. No one appeared in opposition to any of the aforementioned. Mr. Ernest Sandeen of the Heritage Preservation Commission read a prepared statement in support of the Union Depot Heritage Preservation designation. (Statement is part of the file) Mr. Sandeen responded to a question from Councilwoman Butler and said there are of the building (one owns the building and the other the concourse) and two owners both oppose the designation. thinks this application is the exception to the rule / Councilwoman Hunt said she that it might be in the best interests of the public that the wishes of the and owners of the building be gone against. She said she thinks the Council should there indicate to the owners that it'does not plan to stand forever in the way should be plans for demolishment or for rehabilitation. appeared He responded to a question from Councilman Maddox by saying the owners their objections previously and the Council indicated at that time it would consider but it also indicated to them its disposition to the approval action. Flats/ Mr. Sandeen noted with the receipt today of owner approval of the Blair -that Angus Hotel and Adolph Muench House only the owners of the Union Depot and the City Hall & Courthouse have not given acceptance. he is that the City Attorney has been asked for Councilman Maddox said concerned a legal opinion and that opinion has not been received yet. He questioned whether the Council has to approve the designation first or whether it would not be more is appropriate to lay over the Union Depot matter until the legal opinion received. this Councilwoman Butler said she thinks it is premature to consider the Depot at juncture. Councilwoman Butler moved the Union Depot site be deleted from consideration today. She said the Council can always act on it at a later date. Hunt that representatives of the Heritage Preservation Councilwoman suggested and the Mayor's Staff officially designated to work with the federal government on utilization of railway depots work together with the owners of the building in an attempt to work out some kind of agreement not to demolish the building until all options in connection with the development of lowertown are explored. the building that Councilwoman Butler suggested a written agreement from owners of it not be torn down until its further use has been determined. Mr. Sandeen said he approves of the Councils intent but he suggested the way to Preservation achieve what it wants would be to designate the building as a Heritage further site. He said that -by so doing the City Council would have to approve any activities of the building. said he thinks the Union Depot is one site that should be designated Councilman Levine he does not think that danger to the building is imminent. He said he was in the and building a year -or so ago and although there are some problems with the roof he does not think a danger exists. Roll call on the motion to request the City Attorney to prepare ordinances granting the nominations of the following as Heritage Preservation Sites: Blair Flats/Angus Hotel, Ward Beebe House, Sanies J. Hill The Governor's Residence, House, Adolph Muench House and the St. Paul City Hall & Ramsey County Courthouse AND laying over indefinitely hearing of the St. Paul Union Depots nomination. Adopted. Yeas - 6 Nays - 0 57515. \\ April 19th, 1979. President Hozza arrived at this point in the meeting. C.F. No. 272587. FINAL ADOPTION. ORD. N0. 16514. An ordinance adding a new Chapter XX - Skyway Conduct to the Legislative Code and prohibiting certain conduct in the skyway system and other indoor public areas. Councilwoman Butler moved the word "sit" and the word "kneel" be deleted from Section .02a. Councilman Maddox spoke against the motion and said the ordinance has been before the Council a long time and he thinks the sunset provision is compromise enough. He said he thinks the news media has been having fun with the ordinance but the tenants have been going through "pure hell". Councilwoman Butler said the ordinance has a far reaching impact on the people of this city and she does not think the delay of a few weeks or even a few months is import::nt. She noted that a mother might sit and kneel to tie a shoelace and an innocent situation such as this people would be in violation of the law. She responded to a question from Councilman Levine by saying the amendment has not been discussed by the Mayor but she noted she was the first person to call the attention of the Council to the s.,:yway situation. Roll call on Councilwoman Bulter's motion. Yeas - 2 (Butler, Hunt) Nays - 5 (Levine, Maddox, Showalter, Tedesco, Hozza) Motion failed of adoption. Roll call on the ordinance. Adopted. Yeas - 6 (Hunt, Levine, Maddox, Showalter, Tedesco, Hozza) Nays - 1 (Butler) C.F. No. 272811. FIRST READING. An ordinance amending Chapter 331.02 of the Legislative Code and establishing guidelines for the continuances of adversary hearings concerning license revocations, suspensions, or denials and permitting assessing costs for witnesses and a court reporter. Council President Hozza said the ordinance was prepared in response to a motion from Councilwoman Hunt occasioned by a License Committee hearing wherein a court reporter was retained but the principals in the hearing do not present themselves. The ordinance was laid over to April 26th for Second Reading. Claim of Lester Buvik, 135 N. Wilder,and Carl Erb, 129 N. Wilder, St. Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Claim of Great Central Insurance Co., American National Bank Bldg., St.'Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Claim of James R. Sprangers, 6185 Dell Lane, St. Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Claim of W. R. Seaberg, 1778 Rome Avenue, St. Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Claim of John A. Tetzlaff, 1200 E. Larpenteur Avenue, St. Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Claim of Roger Vannelli, 1060 N. Avon St., St. Paul, Minnesota, filed on April 16, 1979, was read. Referred to the City Attorney's Office. Notice of Hearing from the State Energy Agency in the proposed adoption of rules establishing materials, installation and labeling standards for thermal insulation products. Filed. Notice of Hearing from the State Commissioner of insurance in proposed rules governing minimum anticipated loss ratios for accident and"health insurance policies. Filed. Letter of R & N'Corporation requesting refund for a filing fee to rezone certain properties. (Petition withdrawn) Councilwoman Hunt moved that the request be granted. Adopted. Yeas - 7 Nays - 0 57516. April 19th, 1979. Notice of Hearing from the State Department of Natural Resources in the proposed adoption of rules regarding standards and criteria for establishment of lake improvement districts by counties and cities. Filed. Notice of Hearing from the State Commissioner of Public Safety in the proposed adoption of rules governing nimimum standards for wheelchair securement devices. Filed. Letter from the Valuation Engineer recommending a public hearing for May 8, 1979 in the petition of the Minnehaha Bowling Center, Inc. for the vacation of part of Seminary Avenue. Councilman Levine moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 Letter of the Valuation Engineer recommending a public hearing for May 8, 1979 in the petition of the City of St. Paul for the vacation of parts of Lots 3 & 4, Block 30, West St. Paul Real Estate and Improvement Syndicate Addition No. 2. Councilwoman Hunt moved the recommendation be adopted. Adopted. Yeas - 7 Nays - 0 Administrative Orders: D 4874 - Contract award for services of Anne Johnston for four hour training class on the art of "Communications for Police Trainers". Councilman Maddox left the meeting.at this point. C.F. No. 272812. Resolution approving transfer of On Sale Liquor License from Bars Unlimited, Inc. at 880 E. 7th St. to Bars Unlimited, Inc. with change of officers and stockholders at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 272813. Resolution granting transfer of On Sale Liquor License from J. J. White, Inc. and Blarney, Inc. to Blarney, Inc. with change of officers ;and stockholders and J. J. White, Inc. at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 272814. Resolution approving release of an easement for an abandoned sewer in vacated Mendota St., north of Bush Avenue. Adopted. Yeas - 6 Nays - 0 C.F. No. 272815. Resolution approving conveyance of part of alley in Block 69, St. Anthony Park Addition from the city to the Housing and Redevelopment Authority. Adopted. Yeas - 6 Nays - 0 C.F. No. 272816. Resolution approving release of temporary sewer construction easement over part of Lot 3, Block 1, Lane's North Dale Park. Adopted. Yeas - 6 Nays - 0 Councilman Maddox returned to the meeting at this point. C.F. No. 272817. Resolution approving payments of $450.00 to Joe Pittman, $420.18 to Jeanne L. Shaw, $1,553.17 to John A. Nitti and $8.49 to Mrs. Leo Anderson from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 7 Nays - 0 C.F. No. 272818. Resolution appointing Richard G. Hunegs to conduct an inquiry of liquor license investigations and setting out the scope of the inquiry, compensation and other details of the inquiry. Suzanne Flinsch, City Attorney, said new pages 2, 3, and 4 supplant the original draft resolution and the words "special investigator" have replaced the original phrase of "special counsel" and she noted the clause in the last paragraph of page 3 and the first paragraph of page 4 which indicates the continued representation of the Council and the Mayor by the City Attorney's Office. Council President L'azza said that although a termination date for the Hunegs contract has not been discussed with Mr. Hunegs he thought a reasonable date would be September 1. He said Finance Director Bernard Carlson insists that he is reluctant to have the contract resolution adopted without a fund transfer and that if the Council (Discussion continued to the following page). April 19th, 1979. ` 57517. (Discussion continued from the previous page) is not going to set up the fund he thinks it would be better to lay the resolution over. Ms. Flinch said the resolution further provides that the President of the Council should act as liaison for the special investigator but he is in no way to affect the terms of the investigation in the liaison role. She responded to a question from Councilman Maddox by saying the investigators scope of inquiry is pretty well laid out in the resolution and the City Attorney's Office drafted the resolution according to what it thought the Councils wishes were. Councilwoman Hunt said she could not accept a September 1 termination date and she thinks the Council has spent more than enough time on the liquor investigation question. Councilwoman Hunt moved the resolution be amended to make the termination date July 15, 1979. Councilwoman Hunt said that if the Council does not set a shorter time period the scope will go much further then what it intends and thinks that its important to have a narrow scope and a short time of investigation. Councilman Maddox agreed and said the July 15 deadline date can be extended should the Council see fit. President Hozza said the limiting of the investigation to city officials or employees is a very important narrowing of the investigation. He said anyone else is not the Councils.concein but the inclusion of these are important to the licensing procedure. Councilman Tedesco said he would like to find out the integrity of the people who were conducting the investigation. President Hozza said the question should refer to the City Attorney but it seems to him the investigator in the first round of interviews would probably proceed / on,the basis that a probable cause exists and it would therefore be proper to go to the source of information. Ms. Flinsch said it seems to her that the investigatory -course would be to some extent left to the discretion of Mr. Hunegs, Councilwoman Hunt said she is concerned with the cost benefit and suggested as a way of containment that a procedure be set out for Mr. Hunegs to outline his plan and have the Council determine the cost benefit to be derived therefrom. President Hozza said he believes that if this resolution passes it will be Mr. Hunegs intention to talk to the Mayor and Council first. Councilman Levine asked if the Council would determine whether it has a right to subpoena citizens. Ms. Flinsch speculated that wherever the trail would lead the investigator would take depositions. Councilman Levine mentioned the necessity of checking out the credibility of the sources of information. Councilwoman Hunt said she thinks the Council recognizes it is dealing with human beings and there is always the possibility of an element of error and this fact should be taken into account by the investigator but she questioned spending an untold number of hours on matters which are purely judgmental. Councilman Maddox said that if there has been a couple or more people who -are city employees who have been guilty of bad judgment too many times he hopes that this is pointed out to those individuals. Roll call on the resolution as amended. Adopted. Yeas - 7 Nays - 0 C.F. No. 272819. Resolution transferring $50,000 from Contingent Reserve - General to General Government Accounts - Appeals Board and Special Services (Fees; to finance services of special investigator). Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 Councilwoman Butler asked what the $50,000 was going to be spent for and Mr. Flinsch read from that part of the previously adopted resolution which spelled out the scope of Mr. Hunegs retainment. Councilwoman Butler moved reconsideration of the resolution. Adopted. Yeas - 7 Nays - 0 Councilwoman Butler moved the resolution be amended to read as follows: To finance services of the special investigation, per C.F. 272818. Adopted. Yeas - 7 Nays - 0 Appearance of Mary Jane Jordan regarding the william Mitchell parking situation. Barbara Penn of the Parking Commission said the commission has taken a vote that the City Council approve a resolution allowing residential parking. She said this has been a matter before the commission for a long time and it has been reluctant to get into the matter because it could set in motion a lot of problems. Ms. Penn said the commission would now like to consider an experimental program for areas which have been problem areas and see what there residential parking experiment does. (Discussion continued to the following page) 57518. April 19th, 1979. (Discussion continued from the previous page) Councilwoman Butler said she thinks it appropriate for the Parking Commission to take the matter up again and present a written recommendation to the Public Works Committee and further that the City Attorney submit a written opinion on its constitutionality. _ Ms. Penn said a member of the City Attorney's Staff has been -working with the problem and has recapped the Supreme Court decision to the commission. She said that testimony at some of the hearings have indicated a public safety factor might / be involved. Jan Marchetti said the parking petition of Mary Jane Jordan does not answer the question entirely because there are other problem areas for those students who live near the college. She said she intends to get a counter petition circulated. It was ordered that the matter be referred to the Public Works Committee. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 Copies sent to Councilmen Minutes approved by Council u 57519. MINUTES OF THE COUNCIL 10:00 A.M. April 24th, 1.979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco ... 6 Absent - Councilman Hozza...1 Councilman Maddox moved that Council President Hozza be excused from todays meeting and from Thursdays meetingt 6 attend meetings atOthe State Legislature. Adopted. Yeas FINAL ORDER. In the matter of grading and paving Hawthorne Ave. from Westminster to Arkwright St., under P.O. 272580. Councilwoman Butler requested that this item and the next two items be laid over yet considered because the Public Works Committee has not d the items and she moved that this order and the following two orders be laid over one week to May 1st and she indicated the Public Works commiYeas - ttee will conNaysr-t0� on April 27th. Adopted. FINAL ORDER. In the matter of constructing a sanitary sewer in Hawthorne from Westminster to Arkwright, under P.O. 272581. Laid_ ov_ er one week to MaY 1st, 1979. FINAL ORDER. In the matter of condemning easements for slopes, cuts and fills in connection With the grading of Hawthorne Avenue from Westminster to Arkwright, under P.O. 272582. Laid over one week to`May 1st, 1979. C.F. 272841. FINAL ORDER. ,I ,n the matter of improving East Magnolia from Arcade to Forest St. and Mendota St. from E. Magnolia to E. Jessamine Ave., under P.O. 272702. No one appeared. Councilwoman Butler moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.E. No. 272820. FINAL ORDER- In the matter of reconstructing sidewalks on portions ll,fDaytoneCWe11es1eycandCharles, Como, E. Minnehaha, Forest, Raymond, Morningside Drive, under P.O. 272703. No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 272821. FINAL ORDER. In the matter of reconstructing sidewalks on parts of Colborne, Forbes, Canton, Thomas, Sherburne, Palace, Griggs, Doswell, No. Syndicate, Charles, Sherwood, E. Idaho and Kennard Streets, under P.O. 272704. No one appeared. Councilman Maddox moved approval of tthe order. Nays - 0 Adopted. C.F. No. 272822. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning an easement. for slopes, cuts and fills in connection -with the grading and paving of the alleys in Blocks 30 and 31, Rice and Irvine's Addition, under P.O. 271842. No one appeared. Councilman Maddox moved approval of the resolution. - 0 Adopted. Yeas - 6 J s7s2o. April 24th, 1979. C.F. No. 272755. FINAL ADOPTION. ORD. NO. 16518. An ordinance amending Ordinance No. 13599.(Parking Meter Zones) so as to add parts of St. Peter and of Fourth St. and to delete parts of Seventh and of Cedar Streets. Adopted. Yeas - 6 Nays - 0 C.F. No. 272823. FIRST READING. An.ordinance amending section 308.34 (b) of the Legislative Code permitting the Council to re -issue dormant liquor licenses displaced by eminent domain or the threat of eminent domain. Laid over to May 1st for Second Reading. C.E. No. 272824. Resolution consenting to the issuance of $1,000,000 Port Authority Revenue Bonds subject to final approval of details of said issue by the Port Authority; financing of the Radisson Hotel Plaza Hotel in Block A. Adopted. Yeas - 6 Nays - 0 Claim of Mrs. Marie Hendricks, 1671 Darlene St., St. Paul, Minnesota, filed.on April 20, 1979, was read. Referred to the City Attorney's Office. Claim of Allen May, 1683 E. Hyacinth Avenue, St. Paul, Minnesota, filed on April 20, 1979, was read. Referred to the City Attorney's Office. Claim of Vicky Mayer, 440 Sheridan Avenue So., Minneapolis, Minnesota, filed on April 20, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Donald Willis Cheatham versus the City of St. Paul Referred to the City Attorney. Resolution of the AFL-CIO Trades and Labor Assembly re -affirming its opposition to imposition of residency requirements on City employees. \ Filed. Notice of Hearing from the State Ethical Practices Board in proposed adoption ofrules governing economic interest disclosure. Filed. Notice of Hearing from the State Ethical Practices Board in proposed rules governing campaign financing. Filed. Notice of Hearing from the Planning Commission of the City of Roseville in a request for division of Lot at 523 Roselawn. Filed. Letter of the Director of the Dept. of Finance and Management Services reporting the re -submitted petition of Margaret Lee for the rezoning of property located on the north side of Beech between Arcade and Hope Streets and on E. 7th between Arcade and Margaret Streets aka parts of Schurmeier's 7th St. Add. is sufficient. Referred to the Planning Commission for recommendation. Letter of the Valuation Engineer reporting the petition of the Minnesota Mining Co., et al for the vacation of air rights over Reaney Avenue between Mendota & Forest is in proper form. Filed. Letter of the Valuation Engineer recommending a public hearing date for June 26, 1979 in the petition of James P. Snavely, et al for the vacation of a portion of South Wheeler Street. Councilwoman Butler moved approval of the request. Adopted. Yeas - 6 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date for June 26, 1979 it the petition of the City of St. Paul for the vacation of the Old Hazel Park Pumping Station Site. Councilwoman Butler moved approval of the request. Adopted. Yeas - 6 Nays - 0 I �April 24th, 1979. 57521 Letter of the Valuation,Engineer recommending a public hearing date for June 26, 1979 in the petition of the HRA for the vacation of parts of Andrew, Prescott, Morton and Brown Avenues & parts of the alley in Block 15, West St. Paul Real Estate & Improvement Syndicate Add. No.. 2 and parts of alley in Block 33, Linse & Zimmerman's Rearrangement of Block 33 & 34 of Brown and Jackson's Addition to West St. Paul. Councilwoman Butler moved approval of the request. . Adopted. Yeas - 6 Nays - 0 Administrative Orders: D 4875 - Authorization,:of;Emnent°Domain proceedings to secure title to parcels as listed.in''the south of Front Redevelopment Area, North End District 6. D 4876 - Estahlishment`of Eair Re 'Use Values for sale of properties pursuant to the public hearing s. of April-,1'l,and April 18, 1979. C.F. No. 272825. Resolution amending terms and conditions of the.1978=1980 Agreements between the City of St. Paul and ISD 4625 and the Tri -Council Bargaining Unit, composed of Operating Engineers Local 49, Teamsters Local 120 and Laborers Local 132. (Second Reading and Adoption) Adopted. Yeas - 6 Nays.- 0:;, C.F. No. 272826. Resolution amending the Civil Service Rules by placing an asterisk before the titles Jackhammer Operator and Mortar Mixer in Section 7 under the heading "Semi -Skilled Labor" AND striking their specification in Section 49. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 272827. Resolution amending the Civil Service Rules by inserting the title Stores Laborer in Section 7 under the heading "Semi Skilled Labor" AND amendingSection 49 by inserting its specifications. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 272828. Resolution amending the Salary Plan and Rates of Compensation Resolution by inserting the pay rates for the titles Stores Laborer in Section 7. (Second Reading and Adoption) Ad'opted.: Yeas -.6 Nays - 0 Resolution amending Section 49 entitled "Age" of theCivil Service Rules so as to bring the Crty requirements into conformity with `the new''.'Federal Retirement Law. (First°Rea ding;; Finance, Management & Personnel Committee recommends approval) Laid'over. to May lst'.for Second Reading `and Adoption Resolution authorizing Blue Cross and Blue. Shielen d to amd City Health Care Contracts to comply with Public Law No. 95 relating to: pregnancy benefits. (First Reading; Finance,_ Management and Personnel Committee recommends approval) Laid over to May lst for Second Reading andAdoption.. C.F. No. 272829. Resolution amending the 1979 Budget transferring $16,740.00 from Contingent Reserve -General to Department of Finance and Management Services - Parking Meter Monitors. (Finance, Management and Personnel Committee recommends approval) Adopted. Yeas - 6 Nays -.0 C.F. No. 272830. Resolution extending best wishes and congratulations to Charles Rat'ferty and his family on the occasion of his award from the Trades and Labor Assembly for his many years of public service. Adopted. Yeas - 6 Nays - 0 C.F. No. 272831. Resolution granting Renewal of Sunday On Sale Liquor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272832. Resolution approving change of officer and stockholders in Xanadu Wine & Spirits Limited, Inc., holder of Off Sale Liquor License at 608 University Avenue. Adopted.. Yeas - 6 Nays - 0 57522. April 24th, 1979. C.F. No. 2.72833. Resolution granting various,licenses.to persons as listed. Adopted. Yeas - 6 1Nays - 0 C.F. No. 272834. Resolution granting various license to persons as listed. Adopted. Yeas - 6 Nays - 0 Resolution authorizing purchase of air conditioning chilled water for the City Hall Annex. Councilwoman Butler asked why a purchasing agreement is before the Council for approval and she said she understands usually these matters are approved by administrative order. Councilman Maddox suggested that the matter be referred to the Finance Committee and Councilwoman Hunt said because there are so many items before the Finance Committee she would suggest the matter be laid over for explanation before .the City Council. Councilman Maddox moved that the resolution be laid over to Thursday, April 26th, for further explanation. Adopted. Yeas - 6 Nays - 0 C.F. No. 272835. Preliminary Order for the improving of Hazelwood St. from Case Ave. to the proposed cul-de-sac 300 feet north of Case Avenue AND improving of Omaban St. from Case to the proposed cul-de-sac 245 feet north of Case AND setting date of public hearing to May 22, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272836. Preliminary Order for the opening and widening of Hazelwood and creating a cul-de-sac by taking parts of Block 4, Oak Park and Block 6, Ames Outlots Additions AND condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Hazelwood from Case to the proposed cul-de-sac 276.5' north of Case AND opening and widening Omaban St. and creating a cul-de-sac by taking part of Marshall's Division Assn. AND taking and condemning an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Omaban from Case to the proposed cul-de-sac 245' north of Case and setting date of public hearing for May 22, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272837. - \ Preliminary Order for the construction of a water main in Hazelwood St. from Case Avenue to the proposed cul-de-sac 300 feet north of Case Ave. AND construction of a water main in Omaban St. from Case Avenue to the proposed cul-de-sac and setting a date of public hearing to May 22, 1979. Adopted. Yeas— 6 Nays - 0 C.F. No. 272838. Preliminary Order for the construction of a sanitary sewer in Hazelwood St. from Case Ave. to the proposed cul-de-sac 300 feet north of Case Ave. AND construction of a sanitary sewer in Omaban St. from Case Ave. to the proposed cul-de-sac 245 feet north of Case Ave. AND setting the date of public hearing for May 22, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272839. Preliminary Order for the installation of a public water main in Roblyn Ave. from Wilder St. to 180 feet west of Wilder AND setting date of hearing for May 22, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272840. Preliminary Order for improvement of Summit Ave. from Mississippi River Blvd. to 330 feet east of Snelling AND setting date of public hearing for May 22, 1979. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco referred to the shooting of a polar bear at Como Zoo and suggested a reward of $1,000. Councilman Maddox said the reward should be the same as other rewards and Councilman Levine said the reward for the strawberry blond rapist was $1,000 and was matched by the newspaper and he thinks a previous award for an animal killing was $500. There was discussion and agreement that the appropriate resolution should be prepared and Councilman Maddox so moved. Ms. Flinch suggested a determination on wether the award be granted on arrest and conviction or arrest and indictment and after some discussion Councilman Tedesco (Discussion continued to the following page). 57523. April 24th, 1979. (Discussion continued from the previous page). asked that it be upon arrest and conviction. Roll call on the motion. Adopted. Yeas - 6 Nays - 0 Ms. Eileen Weide, 611 Bedford and: President of the Payne Minnehaha Community Council appeared concerning the business operations of Mr. Ray Anderson. Councilman Maddox asked if the Council can revoke the rubbish collection license and Ms. Flinsch said maybe the court conviction is grounds for holding a hearing on the license. Councilman Maddox moved that a revocation hearing be set up -on Mr. Anderson. Councilwoman Butler asked why the public nuisance ordinance cannot be considered. Councilwoman Hunt said the city cannot schedule a revocation hearing until grounds for revocation are established and Councilman Maddox said his motion will include that provision. Councilwoman Butler said on May 1st she understands Mr. Anderson will be in contempt and Ms. Flinsch said each day after May 1st that he is not in compliance he will be fined and the contempt order might be a clause for a revocation hearing. Councilman Maddox asked that the staff include an investigation of all his licenses and Ms. Weide suggested that the nuisance factor be explored because he doesn't have a lot of licenses and it wouldn't do any good to revoke his gas pump licenses. Councilman Levine said he thinks the nuisance procedure could be used after getting five signatures and Ms. Flinch said the Council would have to come to a conclusion that a nuisance exists. Councilman Tedesco suggested that the Council view the area individually to make a conclusion. Councilwoman Butler moved that because of the abundance of testimony the Council, through licensing powers, set up a hearing to determine whether the business operation constitutes a public nuisance. Councilwoman Showalter suggested that the proper department look into moving Ray Anderson from that location and Ms. Weide said Mr. Broeker from the Mayor's Office is looking into that. At the questioa of Councilwoman Butler, Ms. Flinch said she thinks there are enough facts to establish probable cause for scheduling a hearing. Councilman Maddox withdrew his previous motion because Councilwoman Butler's motion covers the situation. Councilwoman Hunt said she hopes the intent is to have the staff prepare whatever is necessary to schedule a hearing and it was agreed that is the intent of the Council and Councilman Maddox suggested that the staff report back to the City Council. Roll call on the motion. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco announced that the Wednesday, April 25th, City Council Meeting at 7:30 P.M. to consider recognition of the District 13 Consortium will be held at Merriam Park Community Center and not at St. Mark's School. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ATTEST' City Clerk. Copies sent to Councilmen a 3U �'79 Minutes approved by Council /�/� 9 x.7524. MINUTES OF THE COUNCIL \ 9:00 A.M. \` April 25th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 9:05 A.M. Present-- Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco ... 6 Absent Councilman Hozza...1 Councilwoman. Butler moved that the rules be suspended to consider a matter that appears later on the agenda. Adopted. Yeas - 6 Nays -.0 Transfer of the On Sale Liquor License presently issued to O'Connor Enterprises, Inc, at 369 Cedar Street to Entertainment Enterprises, Inc. at the same address. Mr. Carchedi, License Inspector, reviewed the application and recommended approval. Councilman Levine moved that the application be approved. Adopted. Yeas - 5 Nays - 0 _Abstention - 1 (Maddox) Council President Hozza arrived at this point in .the meeting and Councilman Tedesco left the meeting at this point. Application for the transfer of the Taxicab License issued to John Zahradka, 203 N. Dale Street, doing business as City Wide Cab Company, to Val H. Staples at the same address. (Val H. Staples notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilwoman Hunt moved that the application be approved. Adopted. Yeas 6 Nays - 0 Request by Daniel D. Parker that his -application for ten taxicab licenses by reconsidered by the St. Paul City Council. (Mr. Parker's request for one taxicab license was previously denied by the St. Paul City Council on March 28, 1979). \ Mr. Carchedi said Mr. Parker has requested to appear before the Council to restate his position on the reason why he should be granted taxicab licenses. Mr. Parker said after checking the records it appears that there never was a minority license. Council President Hozza outlined the procedures to grant taxicab licenses and Mr. Parker stresssed the need for more taxi service and said he wants to apply' for ten cabs. Mr. Carchedi said the only change in the original application that was denied is that this application is for ten cabs instead of one. Councilman Maddox said the Council should confer with the owners of both of the cab companies concerning service and he hasn't seen anything today to change his mind on this application. Councilwoman Aunt said the Council must determine at some point if we have sufficient service and we should do an analysis after Yellow Cab gets back on its feet. Councilwoman Showalter said she understands both companies have licenses which they are not using and we should find out why before issuing additional licenses. Councilwoman Butler said she agrees to an analysis and thinks granting ten more cabs at this time will only compound the problem. Councilman Hozza said he doesn't think a motion is necessary at this, time and if no more action is taken the original action would stand and if the City granted these ten licenses they would have to hold a public hearing to determine need. Councilman Maddox said the application denied was for one license and this application is for ten licenses and he moved that the application for ten cab licenses be denied. Councilwoman Butler asked the City Attorney to research what the Council did and why they did it in about 1974 when it was determined an ordinance on taxi drivers isnot needed. Councilman Maddox said he thinks the City could be more restrictive than the State Law. Roll call on the motion to deny the application for ten taxicabs to Mr. Parker. Adopted. Yeas - 6 Nays - 0 Councilman Hozza asked Mr. Carchedi to set up a discussion before the City Council with the two owners of the cab companies and a representative of the drivers. r t3 57525. \April 25th, 1979. Public Hearing on the General Repair Garage License and 16 Tow Truck Licenses issued to Rice Street Towing, Inc, and Abel,Towing, Inc. at 33 E. Acker Street. (Recommended for suspension by the Division of License and Permit Administration and was originally scheduled for March 28, 1979). Mr. Carchedi said Rice Street Towing has complied with a court order and he there- fore is recommending that the matter be laid over indefinitely. ' No one appeared. Councilman Maddox moved that the matter be laid over indefinitely. Adopted. Yeas - 6 Nays - 0 Public Hearing on the Second Hand Motor Vehicle Parts Dealer License issued!to John Darlow at 1515 Rice Street. (Recommended for revocation by the Division"of License and Permit Administration). < Mr. Carchedi said Mr. Garvey is in court today and the attorney for Mr. Darlow and Mr. Garvey have requested that the matter be continued for one week. Councilwoman Butler moved that the matter be continued for one week to May 2, 1979. Adopted. Yeas - 6 Nays - 0 Request by General Drivers Union, Local 120 to appear before the St. Paul City Council for the purpose of requesting an increase in the present taxicab fare. It was noted that no one was present on behalf of the Union and Councilman Hozia suggested that this request be considered at the same time the Council would be discussing taxicab service with the company owners. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 ?i s - 0 ATTEST: Copies sent to Councilmen /fAl -)"s- Minutes approved by Council City C rk. J 57526. MINUTES OF THE SPECIAL CITY COUNCIL MEETING 7:30 P.M. April 25th, 1979 Merriam Park Community Center 2000 St. Anthony Ave., St. Paul, Minnesota The meeting was called to order by Mr. President Hozza at 7:30 P.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozzac..6 Absent - Councilwoman Butler...1 President Hozza noted that Councilwoman Butler has asked to be excused'from tonights meeting and Councilman Maddox moved approval of the request. Adopted. Yeas - 6 Nays - 0 Council Presidnnt Hozza announced that the purpose of this meeting is to"take testimony on recognition of District 13. Karen Kristofferson, Citizen Participation Coordinator, explained that the District 13 Consortium includes three organized community organizations consisting of'the Merriam Park Community Council, the Lexington Hamline Community Council and the Snelling Hamline Community Council and she said the Community Development Staff recommends recognition and approval of an operating budget of $10,000 for Year IV. Representative Ann Wynia said she represents District 62A and she expressed support for the recognition and budget. Councilman Maddox said as Chairman of the Legislation Committee he has received excellent cooperation from Representative Wynia on matters of the city before the legislature. Carl Dry, President of the Lexington Hamlin Community Council and Rich Upton, President of the Snelling Hamlin Community Council, spoke in support of recognition of the District 13 Consortium. Council President Hozza asked if anyone wanted to appear in opposition and no one appeared. George Jurgenson said he will support recognition and only hopes that as amember and not an officer he will still be heard. Councilman Levine said under the citizen participation process he thinks people with minority views get ample consideration before the district council and the City Council. Councilman Tedesco moved approval of recognition with $10.,000 funding. Councilwoman Hunt commended the organization for development of a plan and Councilwoman Showalter said it is difficult to draw neighborhood lines but it is good that the neighborhoods have gotten together. Roll call on the motion. Adopted. Yeas - 6 Nays - 0 Council President Hozza said the City Attorney will prepare the proper resolution of recognition for consideration by the Council one week from tomorrow on May 3rd and any additional communications can be entered into the record up until that point. Council President Hozza also commended Representative Wynia for attending this meeting during a busy legislative schedule. Mr. Mally of the Merriam Park Community Center thanked the City Council for coming to the area and referred to many good projects and said there has been a good relationship between area groups and city staff. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 /1 Nays - 0 , e 57527. ✓ MINUTES OF THE COUNCIL 10:00 A.M. April 26th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Tedesco...5 Absent - Councilmen Showalter, Hozza...2 (Councilwoman Showalter arrived at a point during the meeting) Hearing was held on the petition of Conrad Leuer to rezone from RM -1 to I-1 property legally described as Lots 28 and 29, Block 4, Rice Street Villas and located on the southeast corner of Larpenteur and Galtier Avenues. No one appeared. It was noted that Mr. Tschida, Attorney for Mr. Leuer, called the City Clerk's Office and requested a four week delay. At the question of the Council, Ms. McNeally of the Planning Staff, outlined the reasons for the recommendation for denial. Councilwoman Butler moved that the hearing be continued for four weeks to May 24th, 1979. Adopted. Yeas - 5 Nays - 0 Hearing was held on the petition of Darcy A. Field to rezone from RM -2 to B-1 property on the west side of Woodbridge..between Larpenteur and Idaho and described as Lots 2 and 3, Block 3; Rice Street Villas. No one appeared. f,; Ms. i1cNeally of the Planning Staff explained,the recommendation for denial of the rezoning. Councilman Maddox moved that the petition be denied. Adopted. Yeas - 5 Nays - 0 Councilwoman Showalter arrived at this point in the meeting. Hearing was held on the appeal of Kevin E. Johnson to a decision of the Board of \ Zoning Appeals affecting property at 1460 Grand Avenue. Mr. Johnson, 1482 Grand Avenue, appeared and said since the grocery store closed he has -not seen any signs on the property and it has not been used for business purposes and he said parking would be a problem and he would prefer to see the building converted to residential use. Kay Wegler spoke in opposition because of possible future use and signs. Ms. McNeally of the Planning Staff at this time outlined the reasons for the Planning Commission actions. Marianne Murphy, 1469 Lincoln, Mrs. Richard Murphy, and residents at 1461 Lincoln and 1446 Summit spoke in opposition to the proposal. Frances Finn owner of the property_at 1460 Grand referred to previous hearings where she prevailed and said Mr. Johnson assured her that he wouldn't appeal the matter. She said she would like success but doesn't expect it will be a high volume business and she wants to be an asset to the community. At the question of Councilman Tedesco, Ms. Finn said the business will probably be open until about 10 P.M. six days a week. Frank Steinhauser said he has lived there for many years and doesn't know of any traffic or parking problems because of the grocery store at that location. He said he thinks it would be better to have the property occupied as an ice cream parlor and he presented a petition of neighbors in favor of the proposal. Gail Summers, representing District Councils in the area said the Executive Committee of District Councils 14 and 15 discussed the proposal and are in favor. At the question of Councilman Levine, Ms. McNeally said the present zoning without change in use would require a single family use. Ms. Finn said it would be prohibitive in cost to restore the building to residential use because the entire first floorwas used for commercial purposes. Councilwoman Butler moved that theappealbe denied. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt referred to the long process during appeals and said it is unfortunate that an applicant must wait that long to establish a business and she asked the Planning Staff to investigate the matter and make suggestions to shorten the appeal process. 57528. April.26th, 1979. Hearing was held on the appeal of Myron A. Roth (Midwest Plastics, Inc.) to a decision of the Board of Zoning Appeals regarding property at 1422 Ames Avenue. Mr. Gray representing the appellant explained that they are requesting a three week continuance but that it is not necessary to have a night meeting. Lynn Colb, 1384 Ames, said they are not against a delay but are requesting an evening meeting. Councilman Maddox moved that the hearing be continued to May 16, 1979 at 7:30 P.M. in the Council Chambers. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the rules be suspended to consider items that appear later on the agenda and to consider several items not on the agenda. Adopted. Yeas - 6 Nays - 0 Resolution amending the Civil Service Rules by inserting the title Program Coordinator in Section 6, Grade 16 under the heading "Professional - Administrative" Group AND amending Section 49 by inserting its specifications. (First Reading; Finance Committee recommends approval) Laid over to May 3rd for Second Reading and Adoption. C.F. No. 272842. Resolution transferring $520,000 from CD Year II, III, AND IV activities as listed to CD Year II and Year IV; Rice -Marion Phase II (acquisitions; Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 272843. / Resolution transferring $32,428.00 from CD Year IV - Unearmarked Contingency to Orchard Building and Site Development. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 272844. Resolution approving application for Urban Development Action Grant for Minnesota Mutual Insurance Company's new construction at 345 Cedar St. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 272845. Resolution approving application for Urban Development Action Grant for Minnesota Mining and Manufacturing Company's expansion in connection with the East Seventh St. commercial revitalization. Adopted. Yeas - 6 Nays - 0 C.F. No. 272846. Resolution abolishing the Community Health Services Advisory Committee AND accepting the Ramsey County Advisory Committee as the Cities Advisory Committee. Adopted. Yeas - 6 Nays - 0 Resolution pertaining to the Bethel College site for Job Corps Center. Councilwoman Showalter read a statement in support of the resolution and suggested that the resolution be laid over until after the public testimony on next Tuesday night. Councilwoman Butler said she would also like to hear the testimony before taking a position on matter. Mr. Fritz expressed appreciation that the Council will lay the resolution over until after the public testimony and he referred to a proposed resolution that will be considered by a legislative committee urging that a new site be found for a proposed Job Corp Center in Minnesota. Councilman Maddox moved that the resolution be referred to the Legislative Committee for consideration after the public hearing on Tuesday and there were suggestions that the matter be referred to the City Development Committee. After further discussion Councilman Maddox withdrew his motion to refer to committee and moved that the resolution be laid over until after public testimony next Tuesday, May 1st. Adopted. Yeas - 6 Nays - 0 Resolution authorizing purchase of air conditioning chilled water for the City Jall Annex. (Laid over from April 26, 1979) Mr. Carlson, Director of Finance and Management Services, said it was suggested by the City Attorney that a resolution be adopted approving this contract because it involves easements. Councilwoman Butler raised questions about the cost of purchasing water and it was agreed that copies of the agreement should be circulated to Council Members. Councilwoman Showalter moved that the resolution be laid over until next Tuesday, May 1st and that copies of the agreement be circulated to_ Councilpersons. Adopted. Yeas - 6 Nays - 0 J 57529. April 26th, 1979. C.F. No. 272847. Resolution authorizing agreements between the city and the Corp of Engineers providing emergency repairs"to the Flood Control System. Adopted. Yeas - 6 Nays - 0 C.F. No. 272848. Resolution commending Harry Springer for his services as General Manager of the Metropolitan Transit Commission/Transit Operating Division and wishing him continued success in future endeavors. Adopted. Yeas - 6 Nays - 0 C.F. No. 272849. Resolution approving Contract for Sale of Land for Private Redevelopment between HRA and Farm Credit Banks relating to the sale and redevelopment of Parcel G-9 in Community Development District No. 17. Adopted. Yeas - 6 Nays - 0 C.F. No. 272850. Resolution approving agreement between the city, State of Minnesota, HRA and Farm Credit Banks relating to the development of Parcel G-92 Community Development District 17 and adjacent right-of-way improvements in Robert Street. Adopted. Yeas - 6 Nays - 0 C.F. No. 272851. Resolution authorizing a reward of $1,000 for information leading to the arrest and conviction of the person or persons involved in killing of the polar bear at the City's Como Zoo. Councilman Tedesco said he has been informed that the people who turned in information might not want the money and in that case it should go for the purchase of a bear. Councilman Levine referred to general vandalism throughout the city and said the police acted quir_kly and the resolution will indicate that this kind of violence will not be tolerated. Councilwoman Hunt said she will support the resolution but we should consider the whole court process and she thinks there should be a good court program involving restitution. Councilman Maddox also encouraged a good restitution program. Councilman Levine emphasized that the persons if found guilty should be punished severely because they could cause the same problems to human beings. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco referred to his request in 1970 for funding watchmen at the zoo \ and he said he will ask the City Attorney to prepare a resolution authorizing a watchman and one half. Councilman Tedesco left the meeting at this point and returned later in the meeting. C.F. No. 272811. SECOND READING. An ordinance amending Chapter 331:02 of the Legislative Code and establishing guidelines for the continuances of adversary hearings concerning license revocations, suspensions, or denials and permitting assessing costs for witnesses and a court reporter. Laid over to May 1st for Third Reading. C.F. No. 272852. FIRST READING. An ordinance amending Chapter 310.02 `e1 of the Legislative.Code and permitting the holder of a 3.2 beer license andn on -sale wine license to submit one $3,000 surety bond in compliance with both Chapters 310 and 308 of the code. Laid over to May 3rd for Second Reading. Claim of Carlson Sewer Company by Attorney Larry Neilson, 1170 Northern Federal Bldg., St. Paul, Minnesota, filed on April 23, 1979, was read. Referred to the City Attorney's Office. Claim of Prudential Property and Casualty Insurance Company, P.O. Box 9314, Minneapolis, Minnesota, filed on April 23, 1979, was read. Referred to the City Attorney's Office. Claim of Raymond J. Simek, 1459 Berkeley Avenue, St. Paul, Minnesota, filed on April 23, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Helen J. Cooke versus the City of St. Paul. Referred to the City Attorney. 57530 � \ April 26th, 1979. Third Party Summons in the matter of William and Lorraine Larson versus NSP, Summit Court, Inc. and the City. Referred to the City Attorney. C.F. No. 272853. Resolution granting a transfer of Private Club License of Gopher Lodge No. 105 I.B.P.O.E. VFW from 908 University Avenue to 739 Selby Avenue. Adopted. Yeas - 5 Nays - 0 C.F. No. 272854. Resolution granting transfer AND approval of change of officer and stockholder in Restaurant License of Kee's Chow Mein, Inc. at 1612 White Bear Avenue. Adopted. Yeas - 5 Nays - 0 C.F. No. 272855. Resolution granting transfer of Gas Station and other licenses from Albert Schlangen at 2058 Grand Avenue to Richard Knorr at the same address. Adopted. Yeas - 5 Nays - 0 C.F. No. 272856. Resolution granting Drive -In Restaurant License to Gilbert and Beryl Rosenthal at 450 N. Lexington Avenue. Adopted. Yeas - 5 Nays - 0 C.F. No. 272857. Resolution granting Drive -In Restaurant License. to William Erb at 280 W. Seventh Street. Adopted. Yeas - 5 Nays - 0 C.F. No. 272858. Resolution granting Drive -In Restaurant License to Mal Clem Investment Corporation at 565 Earl Street. \ Adopted. Yeas - 5 Naps - 0 Councilman Tedesco returned to the meeting at this point and Councilman Levine left the meeting at this point. C.F. No. 272859. Resolution approving payment of $47.14 to Florence Trenter, $549.84 to Preferred Risk Insurance Companies and Gregory J. Aamodt and $161.69 to Michael Rodriguez from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 5 Nays - 0 C.F. No. 272860. Resolution authorizing payment of $363.20 to Kathleen and Terrance Cullen, $190.60 to Victor Wittgenstein, Jr. and $150.00 to Melvin and Lorraine Nelson from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 I 57531. MINUTES OF THE COUNCIL' 10:00 A.M. May 1st, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one. FINAL ORDER. In the matter of grading and paving Hawthorne Avenue from Westminster St. to Arkwright St. under P.O. 272580. Councilwoman Butler moved that this order and the following two orders relating to Hawthorne Avenue be laid over for three weeks to May 22nd, 1979 with new notices to property owners. Adopted. Yeas - 7 Nays - 0 FINAL ORDER. In the matter of constructing a sanitary sewer in Hawthorne Avenue from Westminster St. to Arkwright St. under P.O. 272581. (Laid over three weeks to May 22nd, 1979) FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills in connection with the grading and surfacing of Hawthorne Avenue from Westminster to Arkwright under P.O. 272582. (Laid over to May 22nd, 1979) C.F. No. 272861. FINAL ORDER. In the matter of improving Sheridan Avenue from Cleveland Avenue to Edgcumbe Rd. under P.O. 272739. Councilwoman Butler said the Public Works Committee originally opposed the order because the Parks Department was not present to explain the matter but now there is agreement on financing and on the proposed design. Mr. Piram of the Community Services Department said a compromise has been worked out and at the question of Councilman Hozza no one appeared in opposition to the curve design as proposed. Mr. David Fox, 1905 Sheridan, said in the last two summers he and several other neighbors had basements flooded and he asked about storm sewer construction while the street is being repaired. Mr. Kuhfeld of the Public Works Department said before the project was initiated the department determined that additional storm sewers were not necessary and they had not received any complaints. He said storm sewer work would be expensive because of the rock base and the department didn't feel it was warranted. Margo Fox said the backup was raw sewage and they were told there were shallow sewers in the area. Councilwoman Hunt said she thinks the sewer proposal would delay this improvement for some years and Councilman Levine said he thinks a meeting should be called in the area to answer questions of the residents. James Litman of the Homecroft Community Association said they could call a meeting but the South West Community Council should coordinate the meeting and Councilwoman Butler suggested that the Public Works Department call and coordinate a meeting. Councilwoman Butler moved approval of the order with the understanding that the Public Works Department would call ,an informational meeting in the area to discuss various questions and the sewer and with the improvement not to begin until after the questions are resolved.' Mr. Nelson, 1894 Sheridan, urged parking on the south side rather than the north side of the street and 'Councilman Maddox asked that Mr. Mangel of the Parking Commission be represented at -the area meeting. Mr. Kuhfeld`said the Traffic-Engineer.was consulted and reviewed the parking Proposal. Roll call on .the motion. Adopted. Yeas-- 7 Nays - 0 57532. May ­1st, •1979. C.F. No. 272811. THIRD READING An ordinance amending Chapter 331.02 of. the Legislative Code and establishing guidelines for the continuances of adversary hearings concerning license revocations, suspensions,or denials and permitting assessing costs for witnesses and a court reporter: Laid over to May 8th for Final Adoption. C.F. No. 272823. SECOND READING. An ordinance amendingSection 308.34 (b) of the Legislative Code permitting the Council to re -issue dormant liquor licenses displaced by eminent domain or the threat of eminent domain. Laid over to May 3rd for Third Reading. Claim of Clayton Johnson, 1172 W. Idaho, St. Paul, Minnesota, filed on April 25, 1979, was read. Referred to the City Attorney's Office. Claim of David Johnson, 1952 Fairmount Avenue, St. Paul, Minnesota, filed on April 26, 1979, was read. Referred to the City Attorney's Office. Claim of Michael P. Tierney, 161 Cambridge, St. Paul, Minnesota, filed on April 26, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Karl Van D'Elden versus City of St. Paul and others. Referred to the City Attorney. Summons and Complaint in the matter of Margaret Mulligan versus City of St. Paul and others. Referred to the City Attorney. Petition to rezone to a Planned Development District property on Lower Afton Road near McKnight Rd. Referred to the Finance Department for check as to sufficiency. \ Petition to rezone from R-2 to B-2 property at 425 Ruth St. aka part of Lot 5, Block 1, Hudson Road Gardens. Referred to the Finance Department for check as to sufficiency. Letter of the Finance Department reporting that a petition to rezone part of Lot 13 and all of Lots 14 and 15, Block 2, Gilbert's Addition is sufficient. Referred to the Planning Comraission for recommendation. Letter of the Valuation Engineer recommending that the Council set a date of hearing for May 29, 1979 to consider the petition of Modular Homes of Minnesota, Inc. for the vacation of Barclay St. from Burns Avenue to McLean. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 Letter of the Valuation Engineer recommending that the Council set a date of hearing for May 29, 1979 to consider the petition of Minnesota Mining and Manufacturing Company and others for the vacation of Air Rights over Reaney Avenue between Mendota and Forest. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 Letter of Group Health Plan, Inc. in notification of change of benefits to bring the City group contract into compliance with the New Pregnancy Discrimination Act. Filed. Letter of the State Department of Administration notifying interested parties that the Minnesota Cable Communications Board approved the Cable Service Territory consisting of the corporate boudaries of Minneapolis. Filed. Notice of Hearing from the State Energy Agency in the matter of proposed adoption of rules governing the permissible hours of operation, the quantity and the efficiency of outdoor display lighting. ' Filed. J \ 57533. May 1st, 1979. Administrative Orders: D 4877 - Change Order, No. 7, adding $517.50 to the Orchard Recreation Center Contract with James Steele Construction Co. D 4878 - Change Order, No. 8, adding $1,018.90 to the Orchard Recreation Center Contract'with James Steele Construction Co. D 4879 - Change Order No. 44, adding $8,410.00 to the contract for renovation of the St. Paul Public Library Environmental Systems with Axel Newman Plumbing and heating. D 4880 - Workers' Compensation Award to Hazel Haltiner Hines, surviving widow of Conrad L. Haltiner, deceased employee of the Department of Police. C.F. No. 272862. Resolution amending Section 49 entitled "AGE" of the Civil Service Rules so as to bring the City requirements into conformity with the new Federal Retirement Law. (Second Reading and Adoption; recommended for approval by the Finance Committee) Adopted. Yeas - 7 Nays - 0 C.F. No. 272863. Resolution authorizing Blue Cross and Blue Shield to amend City Health Care Contracts to comply with Public Law No. 95 relating to pregnancy benefits. (Second Reading and Adoption - recommended for approval by the Finance Committee) Adopted. Yeas - 7 Nays - 0 C.F. No. 272864. Resolution authorizing purchase of air conditioning chilled water for the City Hall Annex. (Laid over from Thursday, April 26, 1979) Adopted. Yeas - 7 Nays - 0 C.F. No. 272865. Resolution approving the appointments of A. Wali Naibi and Thomas Reiter to the Board of Appeals and Review. (Naibi term to expire Nov. 22, 1981 and Reiter term, November 12, 1981) Adopted. Yeas - 7 Nays - 0 \ C.F. No. 272866. Resolution accepting Deed of Dedication and Grant of Easement from HRA for the easterly 2.0 feet of Lot 1 and Lot 12, Block 20, Roberts and Randalls Addition. Adopted. Yeas - 7 Nays - 0 Resolution requesting that State Competitive Bidding Act be amended to allow the City of St. Paul to enact "Buy American" legislation as a city ordinance. Councilwoman Hunt asked for the definition of "Buy American" legislation and Ms. Flinsch gave the background of the request for such legislation. Councilwoman Butler moved that the resolution be referred to the Legislation Committee for recommendation and the resolution was ordered referred to committee by President Hozza. C.F. No. 272868. Preliminary Order for the grading and paving and construction of concrete curb and gutter AND construction of storm sewer in California Avenue from Payne Avenue to Parkway Drive AND setting date of public hearing for May 29, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 272869. Preliminary Order for the construction of a sanitary sewer in California Ave. from Payne Ave.. to Greenbrier St. AND setting date of public hearing for May 29, 1979. Nays - 0 Adopted. Yeas - 7 C.F. No. 272870. Preliminary Order for the construction of a water main and water service connections on California Ave. from Payne Ave. to Parkway Dr., AND setting date of public hearing for May 29, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 272871.: Preliminary Order for the condemning and taking of an easement in the land necessary for surfacing of California Ave. from Payne Ave. to Parkway Dr., AND setting date of public hearing for May 29, 1979. Adopted. Yeas - 7 Nays - 0 t 57534. May 1st, 1979. C.F. No. 272872. Preliminary Order for the construction of a storm relief sewer to be known as the Fry -Sherburne Relief System AND setting date of public hearing for May 29, 1979. Adopted. Yeas - 7 Nays - 0 C.E. No. 272873. Resolution granting transfer of Taxicab License No. 3 from John Zahradka dba City Wide Cab Co., 203 N. Dale St. to Val H. Staples at the same address. Adopted. Yeas - 7 Nays - 0 C.F., No. 272874. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Tavern, Off Sale Malt Beverage and Cigarette Licenses from O'Connor Enterprises, Inc. at 369 Cedar St. to Entertainment Enterprises, Inc. at the same address doing business as the Blue Chip. Adopted. Yeas - 6 Nays - 0 Abstention - 1 (Maddox) Councilman Maddox left the meeting at this point and returned later in the meeting. C.F. No. 272875. :resolution granting Bingo Game License to Sacred Heart Bazaar Committee. Adopted. Yeas - 6 Nays - 0 C.F. No. 272876. Resolution granting renewal of various Sunday On Sale Liquor Licenses. Adopted. Yeas - 6 Nays - 0 C.F. No. 272877. Resolution granting renewal of Sunday On Sale Liquor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272878. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272879. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272880. Resolution granting various new licenses. Adopted. Yeas - 6 Nays - 0 C.F. No. 272881. Resolution granting renewal of various licenses. Adopted. Yeas - 6 Nays - 0 Councilman Hozza asked various Councilmen if they had been contacted by members of the Legislature regarding proposed legislation which would establish a uniform municipal election date and there was some discussion and Councilman Hozza said he will try to reconstruct the facts. Councilman Hozza referred to a hearing before the License Committee tomorrow concerning the Sauna License of Cindy Russell and he said her attorney called and said he would be in court on another matter and asked for a continuance to May 16th. There was no opposition and it was agreed that tomorrow the matter would be continued to May 16th. Councilman Maddox returned to the meeting at this point. Councilman Maddox introduced Mr. Gagnon to give a presentation on the Minnesota Lakers. Mr. Gagnon appeared and reviewed the proposal of the Minnesota Lakers to establish a Triple A Football Team in the Twin City Area with its major thrust in St. Paul and he referred to the tryout dates, their schedule and ticket prices and said a majority of the games will be held at Midway Stadium. Councilwoman Hunt moved that the rules be suspended to consider three resolutions not on the agenda. Adopted. Yeas - 7 Nays - 0 May 1st, 1979. 57535.V C.F. No. 272882. Resolution authorizing the issuance and sale of $4,865,000 General Obligation Bonds to be used for Capital Improvements authorized by the Capital Improvement Budget for the year 1979 and authorizing the Public Works Department to expend funds in its general fund operating budget for projects contained in the adopted Capital Improvement Budget for 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 272883. Resolution authorizing the issuance and sale of $2,655,000 General Obligation Bonds for Water Pollution Abatement Sewer Projects. Adopted. Yeas - 6 Nays - 1 (Butler) C.F. No. 272884. Resolution authorizing an agreement with the County of Ramsey to provide for the City's sale to the County of City -produced asphalt. Adopted. Yeas - 7 Nays - 0 Councilman Tedesco asked to be excused the week of May 21st, Councilman Hozza askei to be excused the week of May 14th and Councilman Levine asked to be excused on May 2nd. Councilwoman Showalter moved that the requests be granted. Adopted. Yeas - 7 Nays - 0 Councilwoman Butler again referred to a previous discussion today concerning proposed state legislation on a uniform municipal election date and she said the Council opposed this item last year and she thinks the same resolution should be adopted. Councilwoman Hunt asked that the resolution contain a request for local consent as a part of the proposed legislation. Councilwoman Butler moved that a resolution be drafted similar to previous action concerning the uniform municipal election date. Adopted. Yeas - 7 Nays - 0 Councilman Maddox moved that the meeting be recessed to 7:30 P.M. Adopted. Yeas - 7 Nays - 0 (10:50 A.M.) 7:30 P.M. The meeting was ordered reconvened by President Hozza at 7:30 P.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one President Hozza announced that the purpose of tonights meetings is to hear testimony concerning the proposed Job Corp Center on the Bethel College Site and he outlined the Council procedures and said sign up sheets are being circulated and a request has been received to show a movie at the start of the meeting. Mr. Brent Lewis of the Manpower Office presented a movie on the operation of Job Corps throughout the nation. Mr. Ron Riach, attorney representing the coalition of residents,said it should be pointed out that they are not opposed to the Job Corp but are opposed to a setting within a residential area and he urged that a resolution be adopted supporting the request for an environmental impact statement. He reviewed the court proceeding on the matter and referred to problems they had entering testimony and he referred to problems with other Job Corp Centers around the nation. He emphasized that the opposition of the people is not to the program but to its location and he said they have been unable to present the facts to anyone until tonight and now is the time to assist in the fact finding process. Mr. Nick Schneider, 1344 Arona, referred to negative and positive actions and made recommendations for vocational training and counseling programs. Tom Nord, 1488 Holton and a member of the Como -Falcon Heights Community Council, referred to a study on the locality of Job Corp Centers in other parts,of the nation and referred to comments made about other job center locations and he read letters of officials of other cities referring to problems with Job Corp Centers. He said they were told the only site considered was Bethel but a report referred to the priority of the Hopkins site. (Discussion continued to the following page). J 57536. May 1st, 1979. (Discussion continued from the previous page). Frank Guzman representing the Spanish Speaking Affairs Council said he is also a member of the Mayor's Manpower Committee and they support and endorse the Job Corp Center at the Bethel site. Joe Doyle, 1357 Asbury, referred to two new vocational programs which will exceed the Job Corp Program and that concentrate on unemployed and he said the St. Paul Schools just received information on these programs yesterday and he urged that the Job Corp be totally rejected. Manual Guerarao of the Mayor's Hispanic Advisory Committee said there are 16,000 Hispanics living in the city and this is an opportunity for job training. Henry Johnson, 1420 Sheldon, said he is a member of the District 10 Council and they should be involved but have not been contacted by many committees working in the area and District 10 voted in favor of the EIS and the citizens in the area deserve the Council's support. Alberto Hernandez Alcala, 1162 Selby, expressed concern for the poor people of St. Paul who the Job Corp will serve and he said the EIS will take two years and kill the project and he hopes that the decision will take into consideration the poor people of St. Paul. Gary Oakins, 1415 Arona, said the area was never polled and the people don't want the Job Corp in the area and he suggested the use of the Naval Air Station. Edith Larson Griffin, 2285 Doswell, said she is Board President of Women in Community Services and she spoke in support of the Job Corp Center. Don Carlson, 1446 Arona, referred to many homes in the area for sale because of the threat they perceive the Job Corp will be and he urged support of the EIS which will stop destruction of his neighborhood. At the question of Councilman Maddox, Mr. Carlson said he doesn't know if a previous request was made to the Council for support of the EIS. Councilwoman Butler said she is sure a request has been made before and Councilwoman Hunt said Mr. Fritz has appeared but has not made such a request. Mary Rantila, 1576 Ames, referred to the good experience of her brother in the job corp and to his successful vocational training. Jack Bacon, 4 Maple Lane and representing the Brotherhood of Railroad and Airline Clerks, explained their good experiences with the job corp for training of their employees. Donna Bradley, 1371 Asbury, referred to discussions with representatives of officials in Texas concerning a proposed job corp site and to the reoccurring theme that government cannot be trusted and she read an affidavit of one student stating the job corp did not solve his problems. Judy Oakins, 1415 Arona, said one of the concerns of residents is that they don't \ know where they will go or who they will call if they have problems. Jerry Dicks, 1515 No. Pascal, spoke in favor of the establishment of the Job Corp Center at Bethel. John Lalalestra, 1433 California, said the City of Falcon Heights and its businessmen endorsed an EIS and he did a lot of reading and attended many meetings and the issue is where the Job Corp should be placed. He said there is a real concern that students not be put in a center in a residential area and he referred to other governmental bodies and agencies who have endorsed the EIS. Ms. Howard, 25 Seymour Avenue, Minneapolis, said she is a Job Corp Screener and she dislikes to see students shipped out of state to school. Bruce Holter, 160 No. Lexington Parkway, said he thinks some of the opposition is based on race and the EIS is not necessary. Calvin Dahm, 235 Exeter Place, read a statement in support of the Job Corp Center. Mike Fritz, 1348 Arona, referred to over 800 pages and 6 hours of testimony on the problems of Job Corp Centers and referred to other officials and bodies who have endorsed the EIS. Donna Carlson, 1446 Arona, said the EIS is being requested to find out if the fears are justified and how they will be dealt with. Jim Robinson, 512 Laurel and representing the NAACP, said he feels there are racial overtones involved and he supports the Job Corp Center in Minnesota and at the Bethel site. Mel Harris a resident of Minneapolis said he has been involved in four Job Corp Centers and he urged the Council not to be swayed by emotionalism and he said there is a need for a job corp. Ed Retka a resident of Minneapolis and State Job Corp Coordinator, expressed the need for a Job Corp Center in Minnesota. Tony DeZiel, business representative of the Trades and Labor Assembly, said the Trades and Labor Assembly endorses the Job Corp Center. James Mann, 716 Dayton, said there is a city committee on Job Corp and all the answers can be obtained right here. Arthur Rubin a resident of Oakdale said he worked for the Lincoln and Omaha Job Corp Centers and doesn't thinks the Bethel site will be ravaged by a Job Corp Center. (Discussion continued to the following page). (Discussion continued from the previous page). Alice Rubin said she has worked for a Job Corp Program and is in support of the proposal. Willie Mae Wiison, 168 No. Lexington and Executive Director of the St. Paul Urban League, spoke in support of the Job Corp Center at Bethel and said she thinks it is an ideal site. Charles Dierich spoke in support of the Job Corp Center'. Councilman Hozza entered into the record a letter of County Commissioner John Finley urging that the Council concur in the County Board position in support of the EIS. An unidentified man said he lives across from the Bethel College Site and he doesn't think there are racial problems in the area. Bridgett Adams, 1508 Asbury, said the main issue is the location of the Job Corp. Henry Johnson of the District 10 Council asked who appoints the Ad Hoc Committee and Mr. Lewis of the Manpower-Office.said the Ad Hoc Committee is appointed by the Mayor with concurrence by the Council. Councilwoman Butler said the intent of her motion that established this meeting was to give residents a chance to raise concerns and she resents the fact that those in support appeared and,a film supporting Job Corp Centers was shown. Councilwoman Butler moved that the Council support.an environmental impact statement and she saidshe also doesn'tbelieve the federal government and if the Job Corp was that great thegovernmentwould, welcome the EIS and she said her motion would be to instruct the City Attorney,to=prepare a resolution supporting the EIS. Councilwoman Hunt said she feels the Council agreed toholda hearing without limits on who should appear and she .will not support an EIS and the Council people have been aware of the issue for a long., time.-She.said'if an EIS is to be called it should have been called at the start of the process and not at this point. Mayor Latimer said he agrees with the comments of Councilwoman Hunt and he also asked about legal consequences of the proposed Councils action. Mr. Segal, Assistant City Attorney,; said he understands the intent of the motion to bring the matter to the attention of the court and Councilwoman Butler said her resolution would support the EIS and influence the federal government. Mayor Latimer said the matter'is.before the court of appeals and the question is whether the resolution would be received by the court and Mr. Segal said he assumes one of the parties would bring the resolution .to the attention of the court and the Department of Labor. Councilwoman Butler said she would add to her motion a provision that copies be sent to the Department of Labor; District Court and Senators and Representatives from Minnesota. Councilman Maddox said he thinks government was responsible for a typical mess up and he referred to the attitude that, young people need help but not in our neighborhood. He said he thinks an EIS would give a lot of people false hopes and he would be in support of Councilwoman Showalter's resolution with restrictions and he will vote against the motion. Roll call on the motion. Yeas.- 3 (Butler, Levine, Tedesco) Nays - 4 (Hunt, Showalter, Maddox, Hozza) Motion failed of adoption. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 A 1 0 U R N E AT ly 05 A.M. Council eside ATTEST: Copies sent to Councilmen Minutes approved by Council�i % City Clerk. J 57538. MINUTES OF THE COUNCIL 9:00 A.M. May 2,_1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL,'MINNESOTA The meeting was called to order by President Hozza at 9:05 A.M. Present - Councilwomen Butler, Showalter, Councilmen Maddox, Tedesco, President Hozza ... 5 Absent - Councilwoman Hunt, Councilman Levine...2 (Councilwoman Hunt arrived at a point during the meeting). Bingo Application - East Side Skating Club, Inc., 862 White Bear Aveune, 25 periods. (Helen Emeott, Treasurer, and Kay Tschida, Manager, notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilwoman Showalter moved that the application be approved. Adopted. Yeas - 5 Nays 0 Bingo Application --St. Charles Society, Little Sisters of the Poor, 459 Wabasha Street, 51 periods. (Richard H. Martens, Jr., President, and Kathryn Snyder, Manager, notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilman Tedesco moved that the application be approved. Adopted. Yeas - 5 Nays"- 0 Bingo Application - Shop Pond Gang, Inc., 1079 Rice Street, 51 periods. (Philip J. Kostolnik, Treasurer, and Robert Kusterman, Manager, notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilwoman Showalter moved that the application be approved. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt arrived at this point in the meeting. Application for the transfer of the On Sale Liquor License issued to Edward P. Serwa, \ Inc. at 1082-84 Arcade Street to Eugene D. Ricci at the same address. (Eugene D. Ricci notified to attend). Mr. Carchedi reviewed the application and recommended approval and the following resolu- tion was submitted. C.E. No. 272885. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Tavern, Off Sale Malt Beverages and Cigarette Licenses from Edward P. Serwa, Inc. at 1082-84 Arcade Street to Eugene D. Ricci at the same address. Adopted. Yeas - 6 Nays - 0 Application for a Tavern License by R. R. Enterprises, Inc. and Arline Viner, On Sale Liquor Licensee at 201-5 E. Fourth Street, doing business as Ryan's Corner. (Thomas R. Ryan notified to attended). Mr. Carchedi reviewed the application and recommended approval and the following resolu- tion was submitted. C.F. No. 272886. Resolution granting Tavern License to T. R. Enterprises, Inc. and Arline Viner at 201-5 E. Fourth Street, doing business as Ryan's Corner. Adopted. Yeas - 6 Nays - 0 Public Hearing on the Masseuse License issued to Barbara Ann Walker. (Recommended for revocation by the Division of License and Permit Administration). Mr. Garvey of the City Attorney Office said he has been informed that Ms. Walker is no longer represented by Attorney Earl: Gray. President Hozza asked if Ms. Walker or her attorney are present and no one appeared. Mr. Carchedi, License Inspector, was sworn in and answered questions of Mr. Garvey con- cerning proper notice to the Licensee. Sergeant Fabio was sworn in and answered questions of Mr. Garvey concerning the arrest of Ms. Walker. (Discussion continued to the following page). 57539. J May 2, 1979. (Discussion continued from the previous page). Mr. Garvey said it is the recommendation of the License Inspector that the License be revoked and Councilman Maddox moved that the Masseuse License issued to Barbara Ann Walker be revoked. Adopted. Yeas - 6 Nays - 0 Public Hearing on the Masseuse'License issued to Gloria Jean Williams. (Recommended for revocation by the Division of License and Permit Administration). Mr. Garvey of the City Attorney's Office explained the charge to Ms.Willaims and said she did not appear for court hearing and there is a bench warrant out for her arrest. President Hozza asked if Ms. Williams or her attorney were present and no one appeared. Mr. Carchedi answered questions of Mr. Garvey concerning proper notice to the Licensee and Sergeant Bohn answered questions of Mr. Garvey concerning the arrest of Ms.Williams. Mr. Garvey said it is the recommendation of the License Inspector that the License be revoked and Councilwoman Butler moved that the Masseuse License issued to Gloria Jean Williams be revoked. Yeas - 6 Nays - 0 Adopted. Public Hearing on the Sauna License issued to Cindy Russell at 54 W. Seventh Street, doing business as the Penthouse Sauna. (Recommended for revocation by the Division of License and Permit Administration). It was noted that the attorney for the Licensee had previously requested that this matter be continued because he is in court on another matter and Councilwoman Showalter moved that the hearing be continued to May 16, 1979. Adopted. Yeas - 6 Nays - 0 Public Hearing on the Second Hand Motor Vehicle Parts Dealer License issued to John Darlow at 1515 Rice Street. (Recommended for revocation by the Division of License and Permit Administration. This matter was previously considered on April 25, 1979). President Hozza asked if Mr. Darlow or his attorney are present and no one appeared. Mr. Garvey said that since the meeting started Mr. Carchedi tried to contact the attorney for Mr. Darlow and was informed that he no longer represented Mr. Darlow and he also tried to contact Mr. Darlow and no one answered the telephone. At the question of'Mr. Garvey, Mr. Carchedi said he personally inspected the premises and viewed the accumulation and dismantling of automobiles and his present License allows the sale of parts only but no dismantling on the site and it is the recommendation that the License be revoked for'allowing accumulation and dismantling of automobiles on the premises. Mr. Garvey reminded the Council that a License was renewed to Mr. Darlow with the understanding that he would proceed to discontinue the business at that address. Councilwoman Butler moved that the Second Band Motor Vehicle Parts Dealer License issued to John Darlow at 1515 Rice Street be revoked. Adopted. Yeas - 6 Nays 0 Councilwoman Butler asked about the status of the Liquor Investigator and President Hozza said he talked with Mr. Hunegs, who is aware of the intent of the Council that the investigation be completed as soon as possible, and he will again contact Mr. Hunegs about his acceptance of the resolution. Councilman Maddox moved that the meeting be rnea. Adopted. Yeas - 6 Nays - 0 Ab—.-'I�URNED kTfIf f.M* I Council ATTEST lM7 f Copies sent to Councilmen Minutes approved by Council City C erk:. 57540. MINUTES OF THE COUNCIL 1C:00 A.M. May 3rd, 1979 COUNCIL CHAMBERS- CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Mr. Vice President Tedesco...6 Absent - Council President Hozza...1 Approval of minutes of City Council Meetings of April 10, 11, 12, 16 and 17, 1979. Councilwoman Butler moved that the minutes be approved. Adopted. Yeas - 6 Nays - 0 Mr. Vice President Tedesco said that Councilman Hozza has asked to be excused from todays meeting and Councilwoman Hunt moved that the request be granted. Adopted. Yeas - 6 Nays - 0 C.F. No. 272823. THIRD READING. An ordinance amending Section 308.34 (b) of the Legislative Code permitting the Council to reissue dormant liquor licenses displaced by eminent domain or the threat of eminent domain. Laid over to May 10th for Final Adoption. C.F. No. 272852. SECOND READING. An ordinance amending Chapter 310.02 (e) of.the Legislative Code and permitting the holder of a 3.2 beer license and an On Sale Wine License to submit one $3,000 surety bond in compliance with both Chapters 310 and 308 of the Code. Laid over to May 8th for Third Reading. C.F. No. 272887. FIRST READING. An ordinance designating the St. Paul City Hall and Ramsey County Courthouse as a Heritage Preservation Site. Laid over to May 10th for Second Reading. C.F. No. 272888. FIRST READING. An ordinance designating the Governor's Residence, 1006 Summit Avenue, as a Heritage Preservation Site. Laid over to May 10th for Second Reading. C.E. No. 272889. FIRST READING. An ordinance designating the Blair Flats (Angus Hotel), 165 Western Avenue, as a Heritage Preservation Site. Laid over to May 10th for Second Reading. C.F. No. 272890. FIRST READING. An ordinance designating the Adolph Muench House, 653 E. 5th St., as a Heritage Preservation Site. Laid over to May 10th for Second Reading. C.E. No. 272891. FIRST READING. An ordinance designating the James J. Hill House, 240 Summit Avenue, as a Heritage Preservation Site. Laid over to May 10th for Second Reading. C.F. No. 272892. FIRST READING. An ordinance designating the Ward Beebe House, 2022 Summit Avenue, as a Heritage Preservation Site. Laid over to May 10th for Second Reading. Claim of American Family Insurance Group,, 6131 Blue Circle Drive, P.O. Box 1246, Minneapolis, Minnesota, filed on April 30, 1979, was read. Referred to the City Attorney's Office. 57541. May 3rd, 1979. ' Claim of Mike Hanson by Attorney Louise Miller O'Neil, 701. Summit Avenue, St. Paul, Minnesota,,filed on April 30, 1979, was read. Referred to the City Attorney's Office. Claim of John M. Lupo III, 1186.Prosperity. Avenue, St. Paul, Minnesota, filed on April 30, 1979, was read. Referred to the City Attorney's Office. Claim of State Farm Mutual Automobile Insurance Company; 1500 West Highway 36, St. Paul, Minnesota, filed on Apri1.30, 1979, was read. Referred to the.City Attorney's Office. Notice from the State Department of Revenue.in the application of the City of St. Paul for relief in the assessed valuation of certain real estate described in application No. 281473. Filed. Notice of Hearing from the State Department of Revenue in the proposed adoption of rules governing ad valorem.(property) taxes imposed on utility companies. Filed. Notice of Hearing from the State Dept. of Agriculture -in proposed rules of the Livestock Sanitary Board. Filed. Administrative Orders: D 4881 - Payment of $209 from the Workers' Compensation Account to Roland Geehan Dept. of Community Services Employee. D 4882 - Payment of $1,086.80 from the Worker's Compensation Account to Joseph A. Nelson, Dept. of Community Services Employee. D 4883 - Increase of $12,158.00 in change..orders to Sheehy Construction Co., for the City Hall Annex Phase I. D 4884 - Payment of $35.00 per hour for a total of $175.00 to David Zander for teaching of a.course in "Principles of Learning" to members of the St., Paul Police Dept. D 4885 - Extension of contract time to Sheehy Construction Company for construction of two Skyway Pedestrian Bridges in District #17. \ D 4886 - Authorization to hire John Kenna for appraisal services for the Kellogg Bridge.replacement project. D 4887 - Establishment by the HRA of Fair Market Value of properties as listed 4888 in Rice Marion Phase II project. 4889 D 4890 - Additions of $856.00 for High Water Warning Lights for six lift stations in the Sewage Lift Station Rehabilitation Projects,. C.F. No. 272893. Resolution amending the Civil Service _Rules by inserting the title Program Coordinator in Section 6, Grade 16 under the heading "Professional -Administrative" Group AND amending Section 49 by inserting its specifications.. (Second Reading & Adoption) Adopted. Yeas - 6 Nays - 0 C.E. No. 272894. Resolution approving actions of the St. Paul Board of Appeals and Review with respect to property at 265 Dayton Avenue and 1120 Burns Avenue (Raymond Farrell and Gary Market, respective appellants). Adopted. Yeas - 6 Nays - 0 C.F. No. 272895. Resolution transferring.$250.00 from Contingency Reserve to Ad Hoc Committee on Job Corps Newsletter Publication. Adopted. Yeas - 6 Nays - 0 C.F. No. 272896. Resolution reappointing Councilman Hozza to the Metropolitan Airports Commission for a term to end.July 1, 1981. Adopted. Yeas - 6 Nays 0 . C.F. No. 272897. Resolution designating May 17 - 19.,,1979 as Girl Scout Building Dedication Days and. urging tours of the recently selected St. Paul headquarters for the Girl Scout Council of the St. Croix Valley. Councilwoman Showalter asked that the resolution be read into the record and Judy Miller, representing the Girl Scouts expressed appreciation for the resolution and invited Council:Members to attend the open house. Adopted. Yeas - 6 Nays - 0 C.F. No. 272898. Resolution granting Buil-ding Contractor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272899. Resolution accepting the proposed plat of Riverview Industrial Park No. 5 as recommended and approved by the Director of Public Works. Adopted. Yeas - 6 Nays - 0 C.F. No. 272900. Resolution accepting a deed from the Housing -and Redevelopment Authority for a permanent easement for storm sewer purposes necessary for the St. Albans Storm Sewer Tunnel project. Adopted. Yeas - 6 Nays - 0 C.E. No. 272901. Resolution granting license to Robert Gordon dba City Wide Cab Co. to operate one motor vehicle as taxicab. Adopted. Yeas - 6 Nays - 0 C.F. No. 272902. Resolution approving sponsorship of the bicycle safety poster contest for elementary school students. Adopted. Yeas - 6 Nays - 0 C.F. No. 272903. Preliminary Order in the matter of constructing a storm sewer in a permanent utility easement from Winthrop St. to Gabriel Rd. AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272904. Preliminary Order in the matter of constructing a sanitary sewer in a permanent utility easement from Winthrop St. to Gabriel Rd. extended.and in Gabriel Rd. from the permanent utility easement to approximately 430 feet northerly AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272905. Preliminary Order in the matter of opening, widening and extending Gabriel Rd. and condemning a 35 foot wide permanent utility easement and a temporary \ construction easement AND setting a date of public hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272906. Preliminary Order in the matter of constructing a water main in a permanent utility easement from Winthrop St. to Gabriel Rd. and in Gabriel Rd. from the permanent utility easement to approximately 430 feet northerly AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272907. Preliminary Order in the matter of improving Jackson St. between Maryland Avenue and Arlington Ave. by reconstructing the bridge which carries Jackson St. over the tracks of the Burlington Northern Track AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272908. Preliminary Order in the matter of improving Benhill Road from St. Clair to Victoria (District 16) under the Residential Street Paving Program AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.E. No. 272909. Resolution approving assessment for constructing a public storm sewer in Upper Afton Road from Burns Avenue to Millercrest Lane under P.O. 268021 AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 272910. Resolution approving assessment for constructing a sanitary sewer in Upper Afton Road from Millercrest Lane to Kennard Ct. and in Millercrest Lane 400 feet south of Upper Afton Rd. under P.O. 268022 AND setting a date of hearing for June 5, 1979. Adopted. Yeas - 6 Nays - 0 57543) May 3rd, 1979. C.F. No. 272911. Resolution rescinding C.F. 272799, adopted April 17, 1979, which approved the transfer of Off Sale Liquor License from Applebaum's Food Markets, Inc. at 2023 Marshal. to The Applebaum Companies, Inc. at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 272912. Resolution recognizing the District 13 -Consortium as the General District Planning Council for District 13 and transferring $10,000 from CD Budget -Contingency to District 13 Consortium. Nays - 0 Adopted. Yeas - 6 C.F. No. 272913. Resolution authorizing expenditure of $22,180.00 on behalf of the Community Housing Corporation to the CETA Program. Adopted. Yeas - 6 Nays - 0 C.F. No. 272916. Resolution expressing concern on proposed State Legislation providing for a uniform election day and requesting a provision for local option to the City of St. Paul. Councilwoman Hunt explained the proposed resolution and referred to a second draft which has also been prepared. Councilman Maddox said he agrees with a fall election date in odd years but doesn't like the legislature telling the city how to run its elections and he would agree to the legislation provided the local option was in the bill. After some discussion it wag agreed -that the longer version of the proposed resolution be adopted with amendments and Councilwoman Butler moved that the resolution be amended to add a paragraph pointing out that the City of St. Paul has a homerule charter providing for elections and it was agreed that this paragraph and an additional paragraph should be added to the resolution providing that all bills of a local nature carry a local consent clause. Roll call on the resolution as amended. Adopted. Yeas - 6 Nays - 0 Councilwoman Butler moved that the rules be suspended to consider resolutions not \ on the agenda. Adopted. Yeas - 6 Nays - 0 C.F. No. 272914. Resolution approving an agreement relating to the relocation of Industrial Steel Container Company and Lease providing for temporary continued occupancy at its present site. Adopted. Yeas - 6 Nays - 0 C.F. No. 272915. Resolution accepting the proposed plat entitled Crispus Attucks Addition. Adopted. Yeas - 6 Nays - 0 It was noted that Frances Wistrcill, 716 W. Minnehaha Avenue, had requested to be heard and is not present in the Council Chambers. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 /^a Nays - 0 AID J 0 U `N �1�I 1j:1 A.M. L Council ATTEST: Copies sent to Councilmen Minutes approved by Council -'1717 9 City Clerk. 57544. V MINUTES OF THE COUNCIL 10:00 A.M. MAY '8th, .1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present — Councilmen Butler, Hunt, Maddox, Showalter, Mr. Vice President Tedesco ... 5 Absent - Councilman Levine, President Hozza... 2 (Councilman Levine arrived at a point during the meeting) Mr. Vice President Tedesco said President Hozza is at the State Capitol regarding legislation affecting the city's interests and asked to be excused from the Council meeting. It was so ordered. Approval of minutes of City Council Meetings of April 18, 19, 24, April 25 (A.M. and P.M.) and April 26, 1979. Councilwoman Showalter moved approval. Adopted. Yeas - 5 Nays - 0 Petition of the Minnehaha Bowling Center, Inc. for the vacation of part of Seminary Avenue near Milton and Chatsworth Streets. Letter of the Valuation Engineer was noted recommending approval subject to certain terms and conditions. No one appeared in opposition. Councilwoman Butler moved that the City Attorney be requested to prepare a resolution granting the petition. Adopted. Yeas - 5 Nays - 0 Petition of the City of St. Paul for the vacation of parts of Lots 3 and 4, Block 30, West St. Paul Real Estate and Improvement Syndicate Addition No. 2. Letter of the Valuation Engineer was noted recommending approval subject to certain terms and conditions. No one appeared in opposition. / Councilwoman Hunt moved that the City Attorney be requested to prepare a resolution granting the petition. Adopted. Yeas - 5 Nays - 0 Councilman Levine arrived at this point in the meeting. C.F. No. 272917. FINAL ORDER. In the matter of the construction of an Ornamental Lighting System on E. Third St. from Maria Avenue to Johnson Parkway. (P.O. 272786) No one appeared in opposition. Councilwoman Hunt moved approval. Adopted. Yeas - 6 Nays - 0 C.F. No. 272918. FINAL -ORDER. In the matter of improving So. Robert St. between Concord St. and King St. (P.O. 272787) No one appeared in opposition. Councilwoman Hunt moved approval. Adopted. Yeas - 6 Nays - 0 C.F. No. 272811. FINAL ADOPTION. ORD. N0. 16519. An ordinance amending Chapter 331.02 of the Legislative Code and establishing guidelines for the continuances of adversary hearings concerning license revocations, suspensions, or denials and permitting assessing costs for witnesses and a court reporter. Adopted. Yeas - 6 Nays - 0 C.F. No. 272852. THIRD READING. An ordinance amending Chapter 310.02 (e) of the Legislative Code and permitting the holder of a 3.2 beer license an On Sale Wine License to submit one $3,000 surety bond in compliance with both Chapters 310 and 308 of the code. Laid over to May 15th for Final Adoption. 57545 \ May'8th, 1979. C.F. No. 272919. FIRST READING. An ordinance amending Chapter 353.02 of,the Legislative Code pertaining to firewood sold in grocery stores. (License requirement) Laid over to May 15th for Second Reading. C.F. No. 272920. FIRST READING. An ordinance granting permission to the State of Minnesota to construct, operate, and maintain chilled water lines under Wabasha St. connecting the State Capitol Bldg. and the State Office Bldg. Laid over to May 15th for Second Reading. C.F. No. 272921. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning and rezoning property located on the north side of Ames Avenue between Hazelwood and Kingsford, aka 1599 Ames Avenue. Laid over to May 15th for Second Reading. C.F. No. 272922. FIRST READING. An ordinance amending Chapter 328A.03 of the Legislative Code relating to trapping. Laid over to May 15th for Second Reading. Letter of the Chairman of the City Development and Transportation Committee recommending approval of the Heritage Preservation Commission request for consideration of historic site nominations for six downtown buildings. Councilman Levine moved the City Attorney be requested to prepare ordinances granting the applications of the St. Paul Building, the McColl Building, the Pioneer/Endicott-Midwest Buildings, the Landmark Center, the St. Paul Public Library, the James J. Hill Reference Library and the Minnesota Museum of Art as Historic Preservation Sites. Adopted. Yeas - 6 Nays - 0 Letter of the Chairperson of the Finance Committee transmitting the committee recommendation of the Maddox resolution on residency. Councilman Maddox moved the letter and resolution be referred to the City Development Committee. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt noted the resolution in question was the Hunt resolution on residency and as author she requested it be withdrawn. It was so ordered. Claim of Mrs. Paulette Anderson, 1354 Westminster, 96102, St. Paul, Minnesota, filed on May 3, 1979, was read. Referred to the City Attorney's Office. Claim of Lawrence Delmore, 1599 St. Anthony, St. Paul, Minnesota, filed on May 3, 1979, was read. Referred to the City Attorney's Office. Claim of Firemans Fund Insurance Company, P.O. Box 9431, Minneapolis, Minnesota, filed on May 1, 1979, was read. Referred to the City Attorney's Office. Claim of Gordon James Kampa, 435 West Eldridge, St. Paul, Minnesota, filed on May 2, 1979, was read. Referred to the City Attorney's Office. Claim of Teresa E. Sullivan, 1740 Portland Avenue, St. Paul, Minnesota, filed on May 2, 1979, was read. Referred to the City Attorney's Office. Claim of State Farm Mutual Automobile Insurance Company, 1500 West Highway 36, St. Paul, Minnesota, filed on May 3, 1979, was read. Referred to the City Attorney's Office. Notice of Hearing from the State Building Code Division in proposed rules for training and certification of evaluators for energy disclosure program. Filed. Report from the Minnesota Department of Health covering an examination of plans and specifications on sludge thickeners for St. Paul. Filed. 57546. May 8th, 1979. Administrative Orders: D 4891 -.Payment of $2,561.00 from the Workers' Compensation Account to Ralph M. Hietala, Department ofPublicWorks employee. D 4892 — Addition of $3,215.33,to'contract for Merriam Park Community Center for site work as specified. C.E. No. 272923. Resolution commending Suzanne Flinch for her outstanding service as City Attorney and wishing her success in her future career. Adopted. Yeas - 6 Nays - 0 Resolution making the Ad Hoc Citizens Committee for the Job Corps Center at the Old Bethel College site a permanent advisory committee and setting forth its jurisdiction AND,�m�cing,other recommendations in `connection with the Job Corps Center to insure safety of the neighborhood residents and protection of the existing neighborhood environment. Councilwoman Showalter said that in her opinion the resolution could be acted upon and passed. Councilwoman Butler said she thinks it appropriate to refer the resolution to committee because some of the -conditions in the resolution would not be legal according to law. She asked who the advisory committee was acting as advisors to and she noted any restrictions on :elons would not be legal according to federal law. Councilwoman Showalter said that provision is not in the resolution. Councilman Maddox offered the following four -amendments: 1) Guarantees that full and complete cooperation of the Police Department and'the Team Police to the community and to the Job Corp Center. 2) That the Mayor and City Council be advised of the Job Corp Project, its progress and activities on a monthly basis. 3) That crime data analysis of the city and the neighborhood be scrutinized and monitored on a quarterly basis and 4) That a member of the City Council be appointed to the Job Corp Community Relations Committee. Councilwoman Hunt moved that the resolution together with Councilman Maddox's proposed amendments be referred to the City Development and Transportation Committee. Adopted. Yeas - 6 Nays - 0 C.F. No. 272924. Resolution accepting an easement deed from the University of Minnesota necessary for the Stella St. Storm Sewer construction. Adopted. Yeas - 6 Nays - 0 C.F. No. 272925. Resolution granting refunds for Sewer Service Charges to firms as listed. Adopted. Yeas - 6 Nays - 0 0 Councilman Maddox said that Mark Gagnon of the Twin Cities Lakers telephoned him that he would be unable to make the presentation as scheduled at todays meeting. Councilman Maddox said Mr. Gagnon would prefer setting up an informal meeting with the City Council for some future: afternoon. Mayor Latimer made a presentation to Mr. William Peter, Purchasing Agent, in recognition of Mr. Peter's recent award as a National Institution Public Purchasing Officer. Mayor Latimer noted that only 200 persons nationally had been recipients of this honor. Councilwoman Butler moved that the meeting be adjourned: Adopted. Yeas - 6 Nays - 0 AD ATTEST: v City C erk. 0 U R ISE I %AT `f^ A.M. • Pr Copies sent to Council4e1_ Minutes approved by Counncii, �/_Z� J 57547. MINUTES OF THE COUNCIL 9:00 A.M. May 9th, 1979 COUNCIL CHAMBERS CITY HALL AND COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr." Vice President Tedesco at 9:05 A.M. Present - Councilmen Butler, Hunt, Levine,Maddox,Showalter, Mr. Vice President Tedesco ... 3 Absent - President Hozza...1 It was noted that Councilman Hozza has requested to be excused from a Tuesday, Wednesday and Thursday, May 8th, 9th and 10th, City Council Meetings and Wednesday, May 9th, HRA Board Meetings to attend meetings at the Legislature and Councilman Maddox moved that the request be granted. Adopted. Yeas - 6' Nays - 0 Bingo Application - Hazel Park Commercial Club, Ladies Auxiliary, Inc., 862 White Bear Avenue, 26 periods (Kathleen M. Trudell, President, and Claudia Willkom, Manager, notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilwoman Showalter moved that the application be approved. Adopted. Yeas - 6 Nays - 0 Bingo Application - St. Adalbert Rosary Society, 459 Wabasha Street, 51 periods. (Joanne Lisson, President, and Dolores Trojan, Manager, notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilwoman Hunt moved that the application be approved. Adopted. Yeas - 6 Nays - 0 Application for an On Sale Wine License and the transfer of an On Sale Malt Beverage License by Joseph F. Bisanz 'at 470-S. Cleveland Avenue. (Joseph F. Bisanz notified to attend). Mr. Carchedi reviewed the application and recommended approval. Councilman Levine moved that the application be approved and the following resolutions were submitted. C.F. No. 272926. Resolution granting On Sale Wine License to Joseph F. Bisanz at 470 So. Cleveland Ave. Adopted. Yeas' _ 6 Nays - 0 C.F. No. 272927. Resolution granting transfer of Restaurant, On Sale Malt Beverage and Cigarette Licenses from the Club, Inc, at 470 So. Cleveland Ave. to Joseph F. Bisanz at the same address. Adopted. Yeas--- 6 Nays - 0 Application for an On Sale Wine License and an On Sale Malt Beverage License by John's Kitchens, Inc. doing business as Lee's Highland Kitchen at 2012 Ford Parkway. (John R. Miler notified to attend). Mr. Carchedi reviewed the applicationandrecommended approval. Councilman Levine moved that the application be approved and the following resolutions were submitted. C.F. No. 272928. Resolution granting On Sale Wine License to John's Kitchens, Inc. at 2012 Ford Parkway. Adopted. Yeas - 6 Nays - 0 C.F. No. 272929. Resolution granting On Sale Malt Beverage License to John's Kitchens, Inc. at 2012 Ford Parkway. Adopted. Yeas - 6 Nays - 0 Application for the transfer of the Off Sale Liquor License issued to James and Kwang Severin at 455 Wabasha Street to Duane T. and Antoinette L. Severin. (Duane T. and Antoinette L. Severin notified to attend). Mr. Carchedi reviewed the application and recommended approval. I Councilman Levine moved that the application be approved and the following resolution was submitted. \`May 9th, 1979. 57548: C.F. No. 272930. Resolution granting transfer of Off Sale Liquor License from James R. and Kwang S. Severin at 455 Wabasha Street to Duane T. and Antoinette L. Severin at the same address. Adopted. Yeas - 6 Nays - 0 Request by Saint Paul -Ramsey Arts and Science Council, 30 E. Tenth Street, On Sale Liquor Licensee, to expand their area for the service of liquor. (Attorney Penelope H. Cairns notified to attend). Mr. Carchedi said the attorney Ifor the applicant has requested a delay of one week and Councilman Maddox moved that the matter be continued for one week to May 16th. At the question of Councilman Maddox, Mr. Byrne explained the purpose of the application and said the state law does allow a caterer to use the Liquor License. Roll call on the motion to continue the matter for one week to May 16th. Adopted. Yeas - 6 Nays - 0 Request by General Drivers Union, Local 120, to appear before the St. Paul City Council for the purpose of requesting an increase in the present taxicab fare. (This matter was previously considered on April 25, 1979). Councilman Maddox said he is not in favor of a fare increase until there is a discussion with cab owners concerning service and Councilwoman Showalter said she thinks one of the problems has been the unfair rates. Councilwoman Butler said she doesn't think evidence has been submitted to justify a rate increase. Councilwoman Hunt Imoved that the License Inspector confer with the parties involved and set a date to consider the matter. Councilman Levine said he thinks information should be presented to the License Inspector for review and it was agreed that information should be submitted for review prior to consideration by the City Council. - Roll call on the motion. Adopted. Yeas - 6 Nays - 0 Public Hearing on the application of Ventura Diaz for an Auto Body Repair License at 1084 Earl Street. (Recommended for denial by the Division of License and Permit Administration). Mr. Byrne, Assistant City Attorney, said the City is ready to proceed and he understands that a request is being made by the attorney for the applicant for a continuance. Councilman Tedesco said a number of neighbors are present and a continuance would be unfair. Mr. Tom Armstrong, Attorney representing the applicant, appeared to request a delay in order that they could work with the License Inspector to correct the problems. At the question of Councilman Maddox, Mr. Carchedi said the applicant was notified \ of this hearing on April 30th. At the inquiry of Councilman Tedesco the Council agreed that the matter should be heard today. Mr. John Chenoweth spoke in support of the License Inspector's recommendation and said this problem has been around for years and the business has not been a good neighbor. He said during a visit he witnessed the presence of a rat and he said the operation has had a negative impact on the neighborhood. At the question of the Council, Mr. Byrne, Assistant City Attorney, read the charges listed in the letter of the License Inspector. Mr. Chenoweth submitted petitions of neighbors in opposition to the operation, Mr. Armstrong, Attorney for the applicant, said they admit to the charges and would ly. like a couple of weeks to work with the inspector to comp At the question of Councilwoman Butler, Mr. Byrne said the City recommends denial because the same concerns and conditions were placed on the License more then one year ago and Mr. Diaz can clean up the property and then make a new application. Councilman Levine said he will not support a continuance and it is time to correct the problem. He suggested that the application be denied and then Mr. Diaz and his attorney can get together with the City to work out a plan and he moved that the application be denied. Councilwoman Showalter said the condition of the site has not improved and Councilman Tedesco said he thinks the operation is too big for the site. Roll call on the motion to deny the application. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt and Councilwoman Butler left -the meeting at this point and returned later in the meeting. Public Hearing on the application for the transfer of the Private Club License issued to Summit University Businessmen's Association, Inc. at 618 Selby Avenue to 171 N. Dale Street. (Lester Howell, Chairman of the Board, notified to attend). Mr. Carchedi reviewed the application, said proper notices were sent, the petition is valid and he recommends approval of the application. (Discussion continued to the following page). r 57549. \. May 9th, 1979. Mr. Vice President Tedesco asked if there was anyone present in opposition to the application and no one appeared and a`large group of people was noted in favor of the application. Councilwoman Butler returned to the meeting at this point. Councilwoman Butler moved that the application be approved. Adopted. Yeas - 5 'Nays - 0 Request by Attorney James R..Tschida to have the Johnson Area Hockey Association Bingo application considered by the St. Paul City Council. Mr. Byrne, Assistant City Attorney, explained the position of the License Inspector and Mr. Tschida, representing the Johnson Area Hockey Association, said the application is'being held up by the License inspector because Post 8 haspnot submitted the necessary forms -but that should not have a bearing on this-a.pication because Mr. Gipple is not involved in the Johnson Area financing matter but will be manager of the games Mr. Byrne said the License Inspector has not recommended denial at this point and has only said there are additional questions to be answered and when Post 8 discontinued a substantialamountof money was not accounted for and should be reported before the same people manage another operation. At the question of Councilman Maddox, Mr. Carchedi said he has talked with Mr. Tschida and other members of the organization. Councilwoman Hunt returned at this point in the meeting. At the question of Councilman Levine, Mr. Carchedi said they still feel questions have not beenansweredadequately: At the question of Councilwoman Butler, Mr. Byrne said Post 8;Lhas been asked to file a financial report. hat the matter be delayed until the necessary information Councilwoman Butler moved t and reports are filed. Mr. Byrne said Mr. Gipple cannot be manager of the Johnson Area aures until Hockey g he is a member of that organization for two years which will not be until Sept. of this year. Roll call on the motion. Yeas - 6 Nays - 0 Adopted. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas 6 Nays - 0 D J 0 U R N E T :20 A.M. Counci Pres ent. Copies sent to Councilmen ATTEST, Minutes approved by Council 5 r City Clerk 7:00 P.M. May 9th, 1979 NATIVITY SCHOOL, 1900 STANFORD AVENUE The meeting was called to order by Mr. President Hozza at 7:08 A.M. Present - Councilmen Butler, Hunt, Levine, Tedesco, President Hozza... 5 Absent - Councilman Maddox, Councilwoman Showalter ... 2 (Councilman Maddox arrived at a point during the meeting). Public Hearing to consider approval of the District #14 Plan. Roger Ryan of the Planning Staff -reviewed some of the recommendations in the District Plan. Gale Summers, Community Organizer for District #14, also explained some of the recommen a - tions of the Plan especially as they relate to Jefferson Ave. She said the Planning Commis- sion suggests. that Jefferson be localized from Fairview Ave. to the west and the people in the area favor localizing Jefferson Ave. from Edgcumbe Road to the west. Mr. Pete Regnier, resident at 1850 Jefferson, spoke in favor of localizing Jefferson Ave. because of the considerable amount of traffic and accidents. ssion Mare st wasgduring �aasnow1storm andethatsaffected the resdent on Jfferon Ave., damount the aof Input non the g of hsubject lof Jeng fferson Avenue. Councilman Maddox arrived at this point in the meeting. (7:15 P.M.) Larry Soderholm,of the Planning Staff,said the neighborhood recommended localizing the entire length of Jefferson Ave. and the staff position was for approval but the Planning Commission did not agree and said it should remain a collector street east of Fairview. s localizing the entire length makes good sense because Councilman Levine said he think it is a highly residential area. At the question of Councilman Levine, Mr. Ryan said stop signs could be placed at intervals to slow traffic and Ms. Summers said to allow parking on both sides would slow the traffic.\ Richard Royster, 2163 Jefferson, referred to considerable traffic entering Jefferson at Cretin Ave. and said parking doesn't slow traffic. Ms. Kirk referred to many children in the area and to many accidents at various inter- sections on Jefferson Ave. said he concurs in previous comments on speeding an Bill Dunford, 1934 Jefferson, accidents on Jefferson Avenue. referred to one stretch of Jefferson downhill that leads David Sonnen, 1854 Jefferson, to high speeds.o through the stop signs at Prior Mr. Regnier referred to a large number of cars that g g and Jefferson. Ms. Summers said the opposition at the Planning Commission Meeting was from businessmen and residents on St. Clair and Randolph Avenues. Mrs. Brown, 1760 Jefferson, said drivers should be educated and speeding enforced rather than remaking the street. Martha Norton, a member of the Planning Commission, explained that the Planning Commission was convinced that the best solution is to localize Jefferson from Fairview to the river and leave the portion east of Fairview as a collector street. She reviewed the recommenda- tions of the Planning Commission concerning 114 Plan and said they didn't ng the District go along completely with Jefferson Ave. and four other issues in the Plan. Ms. Weer, 1510 Grandrson for the recommendation�onaJefferson and atlarge enumber nofRreasons sid the school people use Jefferson as the fastest way to get downtown. inks a decision will have to be made to make Dick Barrett, 1251 Edgcumbe, said he th Jefferson residential. sidential aspects of Jefferson Avenue should Councilman Maddox said he thinks the re be retained. James Levy, 1699 St. Clair, said he was against localizing Jefferson because it affects Randolph and St. Clair and he referred to a large number of students attending Holy Spirit and other schools on Randolph. ident on Jefferson with children involved crossing Mr. Regnier referred to a speeding inc Jefferson'to get to the Holy Spirit School on Randolph. Mr. Regnier also referred to the plan for bike paths and urged that they be divided between pedestrian and bicycle paths. (Discussion continued on the following page). 57551": 11, May 9th, 1979. (Discussion continued from the previous pagJefferson similar to those on Marshall Councilman Tedesco suggested stop signs which have been successful in slowing traffic. Councilman Tedesco left the meeting at this Point- (7:40 P.M.) At the question of Councilwoman Butler, Mr. Ryan said the traffic engineer and involved take the l planning staff feel the o in er two ostreets zingJeffersonAvenue and said traffic. dhethinks n Levin or Coun of other residential streets and he would support it should assume the character that localizing Jefferson from Edgcumbe ewto tJefferson Ave lbenlocaliz d from Lexington the District 4114 Plan be approved problem but Ave. to the river.. Mr. Levy said localizing Jefferson from Lexington to Edgcumbe will be a he does agree that traffic should be slowed down. Councilwoman Hunt said she favorslocalizing becauselthatewasrson not includ d inwould the Districtdifficult Plan - do between Lexington and Edgcumbeprovide After some discussion, Councilman Levine said he would change his motion to for localizing Jefferson Ave. from Edgcumbe Road to the river. proper Councilman be pr said the effecroving of theghe motion District'planlandeto thisrequest resolutiongcouldpbe resolution be prepared approvingideration one week from May 22nd, with the submitted to thetCoopeniuntil the sresolution is considered. Y record to be kep p Roll call on the motion to approve the District 4114 Plan with Jefferson Ave. to e localized from Edgcumbe Road to the river. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be adjNayourneed. Adopted. Yeas - 5 A U R N E D AT '8:00 P.M. • Cou '1 Presiden Copies sent to Councilmen Minutes approved by Council ATTEST: Cit Clerk. J 57552. MINUTES OF THE COUNCIL 10.00 A.M. May, 10th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. -President Hozza at 10:08 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one Councilman Maddox moved that the rules be suspe-nded pertaining to the order of business. Adopted. Yeas - 7 Nays 0 C.F. No. 272931. Resolution approving appointment of Edward P. Starr as City Attorney AND approving restoration to his position of Assistant City Attorney upon termination of his appointment. Councilman Maddox moved approval of the resolution` with the condition that residency be established in the city within twelve months. At the question of President Hozza, Mr. Starr appeared and said he accepts the amendment. Roll call on the motion to amend the resolution to require residency within twelve months. Adopted. Yeas - 7 Nays - 0 Councilman Maddox said he has confidence in Mr. Starr and also believes that all employees should be residents. Councilwoman Hent said she feels strongly against residence requirements but she would like to ask Mr. Starr about his role in partisan politics. - Mr. Starr appeared and said he is not active in politics and he supported the present Mayor but did not campaign during the last election. Councilwoman Hunt said it should be understood that key positions should not be involved in fund raising. Councilwoman Showalter said she was unhappy in the way this matter was handled but is happy with the appointment of Mr. Starr. Councilwoman Butler said Councilwoman Hunts comments and questions are appropriate. Roll call on the resolution. Adopted. Yeas 7 Nays 0 Mayor Latimer said it involves the basic right of citizens to work for candidates of their choice and Mrs. Hunts remarks are hers only and not a policy of the Council until they take action. Councilwoman Hunt said her comments are her own and she has the right to her opinion and she said she thinks the code of ethics also applies. Councilman Maddox said a department head should not be involved in the sale of fund raising tickets but should be able to support a candidate. Councilwoman Butler said we are talking about policital appointees that exert powers to sell tickets and she thinks Councilwoman Hunts questions were appropriate and we need a commitment that political activity will not go on during business hours. C.F. No. 272932. Resolution allocating Below Market Interest Rate (BMIR) Homeowner Mortgage Funds in redevelopment areas and adopting a policy for condominium conversion project commitment allocations. Councilwoman Hunt said the Finance Committee recommends approval of the resolution and they made one change in the proposal and Mr. Ford of the Planning and Economic Development Department explained the change relating to condominiums. Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 J 57553. May 10th, 1979. Resolution requesting the Mayor appoint up to 11 persons to serve on the 1979 ' Citizens' Budget Advisory Committee AND directing the Mayor's Proposed Budget for 1980 be available on August 14, 1979`to all recognized district councils AND authorizing the Council to schedule a series of evening Finance Committee meetings with the Citizens' Budget Advisory Committee. Councilwoman Hunt said the Finance Committee considered this matter at least four times and it is not a total solution to budget problems and the resolution does not preclude a more technical board or task force. Councilman Maddox said he supports the concept and thinks it is important to have districts, labor and business represented. Councilwoman Butler said the proposal is not perfect but it is a base to start with and a professional committee could be appointed for technical aspects. Mayor Latimer said he thinks the committee could be creative and helpful as in the past and the CIB Committee reflects the citizen districts. He said the August 14th date might create some problems. Councilman Hozza said this is a different process then the CIB Budget and the intent is not to have representatives just from the 17 districts. Mayor Latimer said the cost of staffing the committee should also be considered and Councilman Hozza said the Council Research Staff could work with the committee. Councilman Maddox moved that the resolution be laid over one week and Councilwoman Hunt suggested that the Mayor or anyone else that is interested should make suggestions. Adopted. Yeas - 7 Nays - 0 Councilman Hozza left the meeting at this point to attend a meeting at the legislature. Mr. Vice President Tedesco asked the status of funding guards at Como Zoo and Mayor Latimer said they have reviewed the incidents and there is no pattern or no increase and he has not yet received an administrative recommendation on the matter. Councilman Levine aske.1 the Council to consider hearing Mr. Battle concerning the demolition of a building at 1037 Dayton. Mr. Battle appeared and said the building at 1037 Dayton is ready to be demolished and he thinks the building should be rehabilitated. He said it is presently nineteen units but they would rehabilitate it to fourteen units and needs thirty days to get a building permit. Councilman Levine said he thinks there was a change in ownership during the condemnation proceedings and Mr. Battle has a financial commitment and can get a permit if the demolition is delayed. Councilwoman Hunt expressed concern about people buying property after the court process on condemnation. Councilman Maddox said policies and rules and procedures should not be ironclad and Councilwoman Butler said rules are guidelines and the Council should save the building if twelve units can be put on the market. Councilman Levine said he agrees that the bottom line is a vacant lot versus twelve units and he said he supports the policy but we must look at each case individually. Mr. Blue of the Building Department said the matter went through District Court, has been vacant for one year, is a legal nonconforming structure and an appeal to restore the use was denied. At the question of Councilwoman Butler, Mr. Blue said feasibility is in the eye of the owner and in his judgment there are many problems involved. Mr. Battle said he has firm financial commitments on rehabilitation and he has talked to several neighbors who would go along with his proposal. At the question of Councilman Levine, Mr. Battle said he would start construction within three or four weeks. Ms. Flinsch, City Attorney, said the court imposed conditions that were not met and Mr. Bowser, Assistant City Attorney, explained the November 16th court order which delayed demolition subject to the owner meeting certain requirements which were not met. There was some discussion on the conditions imposed by the court, on the action of the Board of Zoning Appeals and Councilwoman Butler said the Building Department could not issue a permit unless a zoning appeal was granted and if demolition is delayed it would be to give time to appeal Mr. Bowser said if the building is not demolished the city should take steps for protection and Mr. Battle said he thinks he could comply with the conditions of the court. Councilman Levine suggested a few days to allow Mr. Battle to 'comply with the conditions and Councilwoman Butler said the Council should do everything possible to get rental units in the city. Councilwoman Butler moved that the intent of the Council is to have the building rehabilitated and that the wrecking order be rescinded. (Discussion continued tothefollowing page) 57554 ` May 10th, 1979. (Discussion continued from the -previous page). Councilman Levine said his intent was to stop the wrecking in order to allow time to examine the conditions of the court order. Councilwoman,Butler reworded her motion to provide that the Building Department be instructed to rescind the wrecking order and that this matter be laid over for one week to May 17th for further discussion on the intentions of the owner. Councilwoman Hunt said she is not against the motion if 'the city is protected the same as in the last similar case and she also said the district council position should be received. Councilman Maddox suggested that Mr. Battle be given time to examine the court order to see if he can meet the conditions and at that point the Council could hear the views of the district council. Roll call on the motion. Adopted. Yeas - 6 Nays -'0 Councilman Maddox left the meeting at this point and returned later in the meeting. C.F. No. 272823. FINAL ADOPTION. ORD. NO. 16520. An ordinance amending Section 308.34 (b) of the Legislative Code permitting the Council to reissue dormant Liquor Licenses displaced by eminent domain or the threat of eminent domain. Yeas - 5 Nays - 0 Adopted. C.F. No. 272887. SECOND READING. An ordinance designating the St. Paul City Hall and Ramsey County Courthouse as a Heritage Preservation Site. Laid over to May 15th for Third Reading, C.F. No. 272888. SECOND READING. An ordinance designating the Governor's Residence, 1006 Summit Avenue, as a Heritage Preservation Site. Laid over to May 15th for Third Reading. C.F. No. 272889. SECOND READING. An ordinance designating the Blair Flats (Angus Hotel) 165 Western Avenue as a Heritage Preservation Site. Laid over to May 15th for Third Reading._ C.F. No. 272890. SECOND READING. An ordinance designating the Adolph Muench House, 653 E. Fifth Street, \ as a Heritage Preservation Site. Laid over to May 15th for Third Reading. C.F. No. 272891. SECOND READING. An ordinance designating the James J. Hill House, 240 Summit Avenue, as a Heritage Preservation Site. Laid over to May 15th for Third Reading. C.F. No. 272892. SECOND READING. An ordinance designating the Ward Beebe House, 2022 Summit Avenue, as a Heritage Preservation Site. Laid over to May 15th for Third Reading. Claim of R. T. Rodenberg, 519 Nenter St., New Ulm, Minnesota, filed on May 4, 1979, was read. Referred to the City Attorney's Office. Claim of United Services Automobile Association, USAA Building, San Antonio, Texas, filed on May 7, 1979, was read. Referred to the City Attorney's Office. Letter of Steve Kensy appealing a decision of the 8t. Paul Board of Zoning Appeals with respect to property at 427 Whitall Street. Councilwoman Butler moved that a date of hearing be set for June 7th. Adopted. Yeas - 5 Nays - 0 Letter of the Valuation Engineer reporting the petition of Richard Paradise and others for the vacation of Fulton Street between Jefferson Avenue and the proposed Parkway is in proper form. Filed. 57555 J v May 10th, 1979. Administrative Orders: D 4893 - HRA offer on properties as listed in North St. Stanislaus, West Seventh District 9, pursuant to the authorization to establish fair market cash value. D 4894- Addition of $2,000 for electrical work for installation of a computer at the Public Safety Building. D 4895 - Payment of $627.00 from Workers Compensation Account to Cesario Lopez, Department of Public Works employee. Resolution amending the Civil Service Rules by striking the title Assistant Director of School Cafeterias in Grade 11 under the heading Professional - Administrative Group and by inserting said title in Grade 18 and by amending Section 49 by striking out and inserting new specifications for Assistant Director of School Cafeterias. (First Reading; Finance Committee recommends approval) Laid over to May 17th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking out the titles of Asphalt Batcherman and Asphalt Plant Engineer under the heading Semi -Skilled Labor and inserting the title Asphalt Plant Operator and amending Section 49 by striking out specifications for asphalt Batcherman and Asphalt Plant Engineer and sub- stituting in lieu thereof the specifications for the title of Asphalt Plant Operator. (First Reading; Finance Committee recommends approval). Laid over to May 17th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compensation Resolution by establishing a rate of pay for the class of Asphalt Plant Operator. (First Reading; Finance Committee recommends approval) Laid over to May 17th for Second Reading and Adoption. C.F. No. 272933. Resolution granting Bingo Game Licenses to Merrick Community Center (two separate applications). Adopted. Yeas - 5 Nays - 0 C.F. No. 272934. Resolution amending the 1979 Budget by transferring $1,537.00 from Contingent Reserve to the Personnel Office to provide funds to advertise employment opportunities as part of the affirmative action program. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 272935. Resolution authorizing issuance of $3,420,000 Port Authority Revenue Bonds for financing of the construction of a distribution center for Central Warehouse Company. Adopted. Yeas - 5 Nays - 0 C.F. No. 272936. Resolution granting renewal of Sunday On Sale Liquor License to the University Club of St. Paul, Inc. Adopted. Yeas - 5 Nays - 0 C.F. No. 272937. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 272938. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 Councilman Maddox returned to the meeting at this point. Resolution authorizing payment of $4,000 to Roberto Oliverez in settlement of his claim. Councilwoman Butler moved that the resolution be laid over until Tuesday, May 15th, for an explanation by the City Attorney. Adopted. Yeas - 6 Nays - 0 C.F. No. 272939. Resolution approving a transfer in the 1979 Budget of $50.00 from "General Government Accounts, Contingent Reserve" to "Mayor's Administration, Contingent Fund" for the purpose of funding a tea for public officials, disabled citizens and the Mayor's Advisory Committee on Handicapped People. Adopted. Yeas - 6 Nays - 0 May 10th, 1979. 57556. C.E. No. 272940. Resolution recognizing the Miss Wheelchair Pageant and the Sister Kenny Institute. Adopted. Yeas - 6 Nays - 0 Frances Wistrcill, 716 W. Minnehaha Avenue, appeared concerning a problem with neighboring property and Sandy Morris of the District Council said Ms. Wistrcill appeared before the District Council concerning events on the surrounding property and she referred to several proposals which could not be accomplished to take care of the problem. Alice Murphy of the Mayor's Information and Complaint Office said the matter is also in court and her case is being appealed and the chimney matter does now meet the code. There was some discussion on what could be done to help solve Ms. Wistrcill's problem and Councilwoman Butler requested that the City Attorney ask the Building Department to prepare a report on the chimney matter. Councilwoman Showalter left the meeting at this point. Mr. Gerald Mangle, Parking Administrator, appeared and referred to the condition of the city market sheds which are deteriorating and need work from a safety standpoint. He said the cost of replacement of the sheds would be about $300900. Councilman Maddox suggested a more thorough discussion at a City Development Committee Meeting and he moved that the matter be referred to the City Development Committee. Mr. Mangle said certain welding could be done to take care of the immediate structural problem and this would cost about $6,500. Councilwoman Hunt suggested approval of temporary repairs and that the Mayor approve such a project through an emergency administrative order. Councilman Maddox moved that the Council support temporary repairs with a more thorough discussion of the market matter to be referred to the City Development Committee. Adopted. Yeas - 5 Nays - 0 It was noted that the Council was to receive a slide presentation by Jack Howley of Lowertown Development Corporation and it was agreed that the matter should be scheduled on another date and should be considered as the first item of business. Councilman Levine referred to the matter of restoring security to the City Council Meetings and he moved that the Vice President of the Council request security from the Sheriff's Office. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0. Copies sent to Minutes approved by Council ,�-6 57557. J MINUTES OF THE COUNCIL \ 10:00 A.M. w May 15th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, President Hozza... 6 Absent - Councilman Tedesco...1 (Councilman Tedesco arrived at a point during the meeting). Hearing was held on the petition of Alfred Arrigoni and others for the vacation of portions of Hazelwood St., Omaban St. and the alley in Block 6, Marshall's Division. A letter of the Valuation Engineer was noted recommending approval of the petition, subject to certain terms and conditions. No one appeared in opposition. Councilwoman Butler moved that the petition be approved subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of William and Bonnie Leonard and Paul and Susan Hendrickson for the vacation of part of Hillwood Court and Hillwood Drive west of McKnight Road. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. Mr. Paul Hendrickson appeared and said he is in agreement with the proposal if the plan is in accordance with the Highwood Hills Committee. Councilman Maddox moved that the petition be approved subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing on the petition of the City of St. Paul and School District #625 for the vacation of part of Sheridan Ave. between Sue St, and Edgcumbe Road. No one appeared. Councilwoman Butler moved that the hearing be continued for two weeks to May 29th. Adopted. Yeas - 6 Nays - 0 Hearing on the appeal of James H. Speckmann to a decision of the Board of Zoning Appeals \ regarding property at Elway and Shepard Road. Mr. Rick Wiederhorn of the Planning Staff reviewed the proposed development and said the Zoning Code would allow the development without appeal except that it is in the river corridor critical area. He said the Zoning Board recommended denial because it was concerned about preempting later actions by the Minnesota Environmental Quality Board. At the question of Councilwoman Butler, Mr. Wiederhorn said the staff recommends approval and the Environmental Quality Board did not make a recommendation but have stated.they.would support the proposal subject to a study and findings. Councilman Tedesco arrived at this point in the meeting. James Speckmann appeared and said he and his partner; John Quigley, are the proponents and request approval of their variance and setback and he explained the history of the property under consideration and said an earlier proposal was dropped because of several factors including financing. He said that since the original proposal the River Corridor Act was approved and they plan to construct a twenty story condominium apartment with two levels of underground parking and the design will retain the esthetic components of the area. Grant Peterson of Associated Architects gave a slide presentation showing the proposed site, the surrounding property, buffer areas, site plan and architectural drawings of the development. Ms. Higgins, attorney representing the applicants, reviewed the code requirements and the type of development. Councilman Levine asked about the West Seventh Federation letter stating the demand for this type of housing is minimal. Amos Martin, Executive Vice President of the St. Paul Area Chamber of Commerce, said their Executive Committee took action today in support of the project because they recognize the importance of providing housing for middle and high income people and he said a survey of the residential area across the river from the site shows nearly all of the people as residents of St. Paul (Discussion continued to the following page). 57558. -May 15th, 2979 (Discussion continued from the previous page). Gale Summers of the South West District Council said they voted in support of the project. Frank Horak, President of the Building Trades Council, said he doesn't think the project will have a detrimental effect of the neighborhood. Richard Radman, Secretary of the Building Trades Council, said they voted in support of the project because it will increase the tax base and because there is a need for this type of housing. David Sons said the West End Business and Professional Association voted yesterday to support the proposal. Ms. Niven said she thinks Council people are committed to labor to favor the project. Councilman Hozza, Levine and Councilwoman Butler all stated they are not committed and will make a decision at the conosedlto developmenton of the lofhthe 1property and their only Ms. Niven said they are not oppthe opposition is to the size of the building which will have an impact to anyhmoreoo . John Yust, President of the West Seventh Federation, spoke in opposition high-rises in the area and said the West Seventh residents would like to see a development responsive to their needs. an Butler, the attorney for the applicant said there is no At the question of Councilwom CD or Federal money involved. Mr. Yust said his comments on CD money pertain to studies of the area. Rod Niven said the purpose of the corridor plan was not to allow -this type of development and he said the shadow over Crosby Park wouldhamthatactivities anict ere should be an EIS on the effect to Crosby Park. He suggested be in accordance with the river corridor act. A resident of the high-rise building at 1085 Montreal said she lives on the eighteenth a floor and overlooks the area and the area is wilderness and beautiful and she opposes large concrete building. She said she also thinks Elway St. should not be used as an entrance because of the heavy traffic. David Thune said he thinks the neighborhood is in opposition and there are many unanswered questions relating to traffic and apartment studies and he suggested an arbitration panel to come up with a compromise. ear and no one appeared and the public Councilman Hozza asked if anyone else wanted to app hearing was ordered closed with discussion limited to Councilpersons. Councilman Hozza submitted letters of the West Seventh Federation and Representative \ Moe in opposition. At the question of Councilwoman Butler, Mr. Hoeschler, attorney for the applicants, said they agree to the requirements of the Environmental Quality Board. Councilman Maddox expressed concern about compliance to the specific development shown today and asked if the developer would restrict himself to the State requirements. At the question of Councilman Levine, Mr. Wiederhorn said their study shows only homes on Ivan Way would be affected by the sun shadow and only for a couple hours a day. He said the sun shadow affects only a small portion of Crosby Park. At the question of Councilwoman Hunt, Mr. Wiederhorn said the property is zoned RM3 and would allow'a twenty story building with proper setbacks. Councilwoman Hunt suggested consideration of a height limitation and Councilman Maddox proposed that proposal be limited to twenty stories. At the question of Councilman Maddox, Mr. Hoeschler said the developer will agree not to go higher than twenty stories. Councilwoman Butler moved approval of the appeal with the City Attorney to prepare the proper resolution including findings and ta twenty motionstory butshe limitatiodoesecognize the concerns n. Councilwoman Hunt said she will support of the neighbors about high-rise buildings and she thinks these concerns are city-wide. e wants high-rises in their area but they can't all be Councilman Maddox said no on downtown and he has talked with labor and the developer and he hopes the developer will live up to the restrictions. Councilman Levine said it is not wrong to speak with parties involved concerning the development but commitments were not made prior to the public hearing. Councilwoman Hunt said it should be noted that the.Council has listened and responded to the people of the area and this area has the only assessment free sewer within the city. Roll call on the motion. Yeas - 7 Nays - 0 Adopted. his point and returned later in the meeting. Councilman Tedesco left the meeting at t C.F. No. 272941. FINAL ORDER' Humboldt St. , In the matter of improving part of King St., Elizabeth.St., Hall Ave., Gorman Ave. and Livingston Ave. under P.O. 272788. 7:-1 " 575594, \ 15th, 1979: May C.F. No. 272942. >FI, ORDER In the matter of improving portions .of Maple St., Conway -St., Wilson Ave., Euclid St., Surrey Ave. and Elum St.; under.`P;O: 272789. No one appeared. Councilwoman Butler moved approval 'of the grder., Adopted. Yeas -6 Nays,- 0 Councilman Maddox left `the meeting at ths'point.:;, C.F. No. 272943.FINAL ORDER. In the matter of improving Asbury St.University; to;:Lafond and Sherburne Ave. from Snelling to Hamline under P..O. 272790`: Noone" appeared': Councilwoman Butler moved approval of "the order Adopted. " Yeas - 5 Nays -'.•0 C.F. No. 272944. FINAL ORDER. In the matter of improving portions of Portland Aye , Ashland. Ave.,, laurel Ave., Scheuneman St." and Syndicate St., under P.O'. 27279.1. No one appeared. Councilwoman Butler moved that the'order be approved. Adopted.,, Yeas - 5 Nays - 0 C.F. No. 272945. FINAL ORDER. In the matter of improving portions of Oneida St., Duke St., Colborne St. and Richmond St. under P.O. 272792.` Ms. Messman (?)'appeared and spoke in favor of the improvements. Councilwoman Butler moved that the order be approved. Adopted. Yeas -"'5 Nays'- 0: C.F. No. 272852. FINAL,ADOPTION. An ordinance amending; Chapter 310.02(e) of the Legislative Code and permitting the holder of a 3.2 beer license and On ''Sale Wine License to submit one $3,000 surety bond in compliance with both Chapters 310 and 308 of the Code. Adopted. Yeas - 5 Nays'- 0 C.F. No. 272887. THIRD READING. An ordinance designating the St. Paul City Hall and Ramsey County Courthouse as a Heritage Preservation Site. Laid over to May 22nd for Final Adoption. C.F. No. 272888. FINAL ADOPTION. An ordinance designating the :Governor's Residence, 1006 Summit Avenue as a Heritage Preservation Site. Laid over to May 22nd for Final'Adoption. C.F. No. 272889. THIRD READING.' An ordinance designating the 'Blair Flats,(Angus Hotel), 165 Western Avenue as a Heritage, Preservation Site. Laid over to May; 22nd for Final Adoption. C.F. No. 272890: THIRD READING. An ordinance designating the Ado3ph Muench House, 653 E. 5th St., as a Heritage Preservation Site. Laid over to May,22nd for.Final Adoption. C.F. No. 272891." THIRD READING. An ordinance designating the`James J. Hill'H6use,,240 Summit Ave., as a Heritage Preservation Site. Laid over to May 22nd -for Final'Adoption. C.F. No. 272892. THIRD READING. An ordinance designating the Ward Beebe House, 2022 Summit Ave., as a Heritage Preservation Site. Laid over to'May22nd for Final Adoption. C.F. No. 272919. SECOND .READING. An ordinance amending Chapter -'353.02 of the. Legislativ4eCode pertaining to firewood sold in grocery stores. ::.(License requirement). Laid over to May;17th for Third Reading. C.F. No. 272920. SECOND READING. An ordinance granting permission to the'State of Minnesota,'to construct, operate and maintain chilled water lines under Wabasha St. connecting the State Capitol Bldg. and the State Office Bldg., 57560. `,-May 15th, 1979. C.F. No. 272921.' SECOND READING;' I An ordinance amending Ghapter60 of the Legislative Code pertaining to zoning property located -on the';north'side of Ames'„AvHazelwood and Kingsford aka e between 1599 James Ave. Laid over-t6 May 17th for Third Reading: C.F. No. 272922. SECOND' READING': An_ordinance amending Chapter .328A..03 of' the Legislative.Code relating to trapping. Laid over to May 17th for Third Reading. C.F. No. 272946. FIRST READING. An ordinance amending Ordinance No. 7502 pertaining to-the City Market Revolving Fund AND establishing a parking fund for use in maintenance operation, repair and improvement to City owned parking facilities. Laid over to May 22nd for Second Reading. Claim of Stuart Applebaum, 1788 Boyland Ave., St, Paul, Minnesota, filed on May 8th, 1979, was read. Referred to the City Attorney's Office. Claim of Sam Burton, 532 Ashland, St. Paul, Minnesota, 55102, filed on May 9th, 1979, was read. Referred to the City Attorney's Office. Claim of R.T. Rodenberg, 519 Center St., New Ulm, Minnesota, 56073, filed on May 10th, 1979, was read. Referred to the City Attorney's Office. Hearing notice from the State Department of Natural Resources on the proposed amendment to the Management plan for the Mississippi Wild & Scenic River regarding the Monticello orderly annexation area in Wright County. Filed. Letter of the Director of the Department of Finance &-Management Services, reporting the petition to rezone property on Lower Afton Road near McKnight Road is sufficient. Referred to the Planning Commission for recommendation. Letter of the Director of Finance and Management Services reporting the petition to rezone property at 425 Ruth St. is sufficient. Referred to the Planning Commission for recommendation. Letter of the Valuation Engineer reporting the; petition to vacate a sewer easement over Lot 1, Block 2, Otto Hunt's Addition is in proper form. Filed. Administrative Orders: D-4896 - Payment of $67.38 from the Workers' Compensation Account to Ivah Staehnke, Water Department employee. D-4897 - Payment of $752.40 from the Workers' Compensation Account to Julius A. Toth, Department of Public Works employee. D-4898 — Payment of $961.40 from the Workers'Compensation Account to Neil W. Draz, Department of Community Services employee. D-4899 - Payment of $777.48 from the Workers' Compensation Account to Joseph Priester, Department of Community Services. D-4900 - Additions of $25,997.40 for work as set forth for the new court rooms on the 16th floor of the Courthouse project. D-4901 - Addition of $830.00 for work as set forth for the new court rooms on the 16th floor of the Courthouse project. D-4902 - Addition of $7,122.00 for work as set forth for the new court rooms on the 16th floor of the Courthouse project. Councilman Tedesco returned to the meeting at this point. C.F. No. 272947. Resolution: authorizing payment of $4,000 to Roberto Oliverez in settlement of his claim. (Laid over from May 10th, 1979). . explained the resolution and the purpose of the Mr. Ed Starr, Assistant City Attorney, settlement. Adopted. Yeas - 6 Nays - 0 Resolution amending the 1979 Budget and transferring $1,900.00 from Contingent Reserve - General to Public Health Clinica11 Programs - to finance deficit of the West Side Health Center. o the Finance, Management and Personnel Committee Councilman Hozza referred the resolution t ® for recommendation.' C.F. No. 272955. Resolution approving a plat entitled Central Village Addition No. 5. Adopted. Yeas - 6 Nays - 0 \ G.F. No. 272956. Resolution approving the State of Minnesota's plans and special provisions for the improvement of Trunk Highway No. 3 at the intersection of T.H. 212 (E. 7th St. at Lafayette Road). Adopted. Yeas - 6 Nays - 0 C.F. No. 272957. Resolution approving the appropriation of a sum not to exceed $80,000.00 from Municipal State Aid Funds to apply toward the financing of the channelization and bituminous overlay work on Kellogg Blvd. from St. Peter St. to Waba'sha St. Adopted. Yeas - 6 Nays - 0 C.F. No. 272958. Resolution approving the deed between the City and the Department of Housing and Urban Development of the United States Government for the granting to the City of a permanent easement for storm sewer purposes necessary for the St. Albans Storm Sewer Tunnel project. Adopted. Yeas - 6 Nays - 0 C.F. No. 272959. Resolution approving a quit claim deed to Neal and Lorraine McPhillips for parts of Block 191 and 194 of Irvine's Addition to West St. Paul. Adopted. Yeas - 6 Nays - 0 C.F. No. 272960. Resolution granting BingoGameLicenses to St. Charles Society for Little Sisters of the Poor, Eastside Skating Club, Inc. and the Shop Pond Gang, Inc. Adopted. Yeas, 6 Nays 0 J 57561. \ 1979. May 15th, C.F. No. 272948. Resolution ordering the correction or wrecking and removal of a hazardous structure at 409 N. Fairview Ave. Adopted. Yeas - 6 Nays - 0 C.E. No. 272949.. Resolution revoking a masseuse license issued to Barbara Ann Walker at 54 West Seventh St. President Hozza asked if Ms. Walker or her attorney were:present and wanted to appear and no one appeared. Adopted. Yeas -,6 Nays - 0 C.F. No: 272950. Resolution revoking the masseuse license issued to Gloria Jean Williams at 54 West Seventh. President Hozza asked if Ms. Williams or"her attorney were present and wanted to appear and no one appeared. Adopted. Yeas - 6 Nays - 0 C.F. No. 272951. Resoluuion revoking the Second Hand Dealers License to John Darlow at 1515 Rice St. President Hozza asked if Mr. Darlow or his attorney were present and wanted to appear and no one appeared. Adopted. Yeas - 6 Nays - 0 C.F. No. 272952. Resolution denying the application of Ventura Diaz for, Auto Body Repair License at 1084 Earl Street. President Hozza asked if Mr. Diaz or his attorney were present and wanted to appear and no one appeared. Adopted. Yeas - 6 Nays - 0 C.F. No. 272953. Resolution approving Tentative A.A. Registered Land Survey. Adopted. Yeas - 6 Nays - 0 C.F. No. 272954. Resolution approving a proposed plat entitled Germain Court. Adopted. Yeas - 6 Nays - 0 C.F. No. 272955. Resolution approving a plat entitled Central Village Addition No. 5. Adopted. Yeas - 6 Nays - 0 \ G.F. No. 272956. Resolution approving the State of Minnesota's plans and special provisions for the improvement of Trunk Highway No. 3 at the intersection of T.H. 212 (E. 7th St. at Lafayette Road). Adopted. Yeas - 6 Nays - 0 C.F. No. 272957. Resolution approving the appropriation of a sum not to exceed $80,000.00 from Municipal State Aid Funds to apply toward the financing of the channelization and bituminous overlay work on Kellogg Blvd. from St. Peter St. to Waba'sha St. Adopted. Yeas - 6 Nays - 0 C.F. No. 272958. Resolution approving the deed between the City and the Department of Housing and Urban Development of the United States Government for the granting to the City of a permanent easement for storm sewer purposes necessary for the St. Albans Storm Sewer Tunnel project. Adopted. Yeas - 6 Nays - 0 C.F. No. 272959. Resolution approving a quit claim deed to Neal and Lorraine McPhillips for parts of Block 191 and 194 of Irvine's Addition to West St. Paul. Adopted. Yeas - 6 Nays - 0 C.F. No. 272960. Resolution granting BingoGameLicenses to St. Charles Society for Little Sisters of the Poor, Eastside Skating Club, Inc. and the Shop Pond Gang, Inc. Adopted. Yeas, 6 Nays 0 C.F. No. 272961. Resolution granting renewal of Sunday On Sale Liquor Lices nes; to, persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 272962. Resolution granting various license to persons as listed. Adopted., Yeas - 6 Nays - 0 C.F. No. 272963;,` Resolution granting Building Contractors licenses to persons as listed, Adopted. Yeas - 6 Nays - 0 C.F. No. 272964. Resolution granting Building Contractors license to persons as listed., Adopted. Yeas - 6 Nays -- 0 Councilwoman Butler moved that the rules be suspended to consider two resolutions not on the agenda. Adopted. Yeas - 6 Nays 0 C.F. No. 272965. Resoluton authorizing the Department of Public Works to issue a permit to the \ State of Minnesota to construct and maintain chilled water lines under a portion Of Wabasha Street subject to the conditions and requirements of an ordinance pending before the City Council, C.F. No. 272920. Adopted. Yeas - 6 1 Nays - 0 C.F. No. 272966. Resolution amending resolution, C.F. No. 272591 providing that the Citizen Advisory Committee on Cable Communications shall consist of ten citizens in addition to a Councilperson, who shall act as chairman, and confirming appointments by the Mayor of ten citizens to the Citizen Advisory Committee on Cable Communications. Adopted. Yeas - 6 Nays - 0 Councilman Hozza referred to legislative consideration of the Downtown People Mover proposal and suggested that the City oppose any additional amendments that would increase the cost to St. Paul or Ramsey County and at the question of Councilwoman Hunt, he said both bills pending before the Legislature have a local consent clause for the City and for the Metropolitan Transit Commission. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 Minutes approved by Council � r " T k J 57563.! r MINUTES OF `THE COUNCIL e ay 16th,",1979. COUNCIL CHAMBERS CITY HAhL & COURT ,HOUSE: ;r SAINT PAUL, MINNESOTA .` 05 A M. The meeting was called to order by Mr V -ice President Tedesco at 9. Present - Councilwoman Showalter., Councilmen Levine, Maddox, Mr. Vice President Tedesco..•4 Hozza...3 Absent —Councilwomen Butler, Hunt, Council Pre§ident . On enth Request by Saint Paul-Ramseya attheiY area forCthe cserviccejl 30 EofTliquortre(This Sale Liquor Licensee, to exp, 1979). matter was previously considered•on May 9, resolution Councilman Maddox moved approval of the .application and the following was submitted. C.F. No. 272967• uare or The Resolution granting permission to'the St Paulo r to includenthecMuseum Squaience r to expand the area for the service of, On Sale-Liq:, Gallery for one day, June 2nd, 1979. Yeas Adopted. - 4 Nays -,0 h Street Public hearing on the Sauna License issued to.Cindy ndedR sellor at 54 W. byethe tDivision doing business as the Penthouse Sauna.. This matter was previously considered on May 2nd, of License and Permit Administration. resent and no 1979). Mr. Vice President Tedesco asked if Ms. Russell or her attorney are p one appeared. introduced five exhibits on behalf of the City Mr. Garvey, Assistant City Attorney, ussthat they will ell, stat including a letter of Mr. Gray, Attorney for Ms. Ring not contest the revocation. ain asked if Ms, Russell or her attorney are present Mr. Vice President Tedesco ag eared. Russell at 54 W. Seventh and want to be heard and. no one app ed to Cindy Councilman Maddox moved that the Sauna License issu Street doing business as the Penthouse Sauna be revoked. Adopted. Yeas - 4 N that the tax fare matter should on Licenses he talked with Councilman Maddox said that after the last Council meeting Mr. Hogan, representing the taxicab dr}vers,and agreed - be placed on the agenda. Mr. Ray Hogan of the Taxicab Drivers Union presented an official request for a taxicab rate increase and said the last rate in was in 1973 and there are additional burdens on the Health, Welfare and Pension Fund* uld support the increase and he asked if the Union can Councilman Tedesco said he wo rove the quality of service and the appearance of cabs. do anything to improve ed in the past getting new cars on the street with the Mr. Hogan said they have help new cab company. Mr• ca comp suggested that an increase in rates be conditioned on Yellow Cab Company hedi replacing some of its cars.has the worst cars on the street of any cab Councilman Maddox said Yellow Cab company financially but the Council company he knows Levineasaid a delay in1therd cincreaseab nwoulduharmeemployees but sound. Councilman should also address the condition of cabs. Councilman Maddox moved approval of the request for a rate increase with the proper ordinance to be prepared. ordinance and at the question of Councilman Councilman Tedesco suggested an emergency Maddox, Mr. Hogan explained that the Health, Welfare and Pension Fund has a Fifty Thousand or the urgency of the increase. Dollar deficit and that is the reason f Mr. Byrne, Assistant City Attorney, pointed out the Charter requirements on emergency a finding to be made by the City Council. ordinances requiring enc or and at the Hogan said five cents out the twenty cent increase Councilman Levine said Le thinks . Hoganesaid fi for an emerg question of Councilman Levine, pMr. fo°fuel cost increases. of an will go to the owners to make up Councilman Maddox asked that his motion be amended to include the preparation emergency ordinance. yeas - 4 Nays - 0 Adopted. 4 57564 ` May 16th, 1979. Councilman Levine moved that Mr. Carchedi make a survey of taxicab rates ii other cities and analyze fuel costs and present information to the Council within thirty days. do expertise or manpower Mr. Carchedi esteddthe willthe matter sbeudoesn't ve referred to theCityAttorney. and csung suggested that Mr. Carchedi coordinate the effort anCouncilmanuse other Councilman Levine personnel as necessary and Mr. Hogan said he will aid in the survey. that his motion be reworded to refer the matter to -Mr. Carchedi, Levine asked the City Attorney and others working together. Councilman Maddox suggested that a hard directive be issued to Yellow Cab Company to clean up their,cabs. Roll call on the motion. Yeas - 4 Nays - 0 Adopted. 'Councilman Levine moved that the meeting be recessed until 7:30 P.ri: Adopted. Yeas - 4 Nays - 0 (9:30 A.M.) 7:30 P.M. The meeting was ordered reconvened by Mr. Vice President Tedesco at 7:30 P.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Vice President Tedesco ... 6 Absent - Council President Hozza...I Hearing was called on the appeal of Myron A. Roth (Midwest Plastics, Inc.) to Zoning Appeals decision affecting property at 1422 Ames. A Board of Zoning of the Planning Staff reviewed the appeal and the action of Ms. Donna McNeall f the the app the Board of Zoning Appeals. appellant outlined the position o Warren Peterson, Attorney representing appellant that the zoning line was placed on Lot 3 and that the entire area was heavy induunder the old zoning ordinance. He said they claim that the drive - heavy way is a nonconforming use of the property and the first issue is the line that divides the zoning of the property. veway was conCouncilman Maddox asked ifs aid it was Councilman Maddox asked why the driMidwest Plastics constructed because there was no other access. asking with the construction would be agreeable to rezone the back portion of Lot 3 for P of a fence and buffer zone and with f theno cess to neighborsewilleagree to rezone the property. Mr. Peterson said they would agreeave a slide presentation on behalf of Mr. John Uban of Howard Dahlgren Associates g rtythe area under consideration, Midwest Plastics showing the history of the prope, aerial views of the property and surrounding property, present and old rezoning of the property and traffic statistics.additions prior to 1975 and they had legal access to the artheir position is that sixty feet of Lot 3 was zoned industrial Mr. Peterson said that ea and he referred to building with permits granted.est Plastics said after their building addition in 1969 they Mr. William Roth of Midw eriodically and at the question of Mr. Peterson, he used the driveway under question p u.sition of a fourteen foot strip of property along Mr. Peterson referred to the acq ften and the size of the trucks involved. outlined when the driveway was used and how o in that fourteen that oot the railroad right-of-way and said construction othe drivewlyto make a finding parking and they use and he said strip will eliminate their p g the use of the driveway will be allowed over Lot 3 as asking reforming reviewed the events pertaining to the driveway and said the Midwest would agree to use the back half of Lot as p Patrick Kolb, 1384 Ames, osition to the action of the Council when it t that time ,should have been closed pending construction of the driveway was iopp denied the rezoning and the drivewas y actions of the Council- Councilman compromise and Mr. Kolb said he Councilman Maddox asked ig Kolb about gree to a rezoning. access to Ames Avenue. can't say whether the neighbors would agree without any to set up Councilman Levine asked about an agreement.on reKolbzsaidgthe residents did try At the question of Counc�_lwoman Butler, their right to access to Ames Avenue. a meeting with Midwest but Midwest would not give up Hunt said she thinks a compromise is necessary and both sides have basic Mr. Peterson said they have attempted to resolve the matter in the last few days an Councilwoman rights. following page). (Discussion continued to the 57565/ May 16th, 1979. are denied (Discussion continued from the previous Page the railroad right-of-way At the question of Councilwoman of°property along the said if they access to Ames Avenue the strip appellants and would be used for access. Jackie Healey, 1423 Ames, challenged some of the siationf the app parking Committee, reviewed their considera- said the slides did not show the typical p g the south Mr. Hellemas, Chairman of the District ointZtheygrecommended rezoning tion of the rezoning and said at one p Amer..and he thinks the use of 1422 Ames portion of Lot 3, with no access to is being used as a lever to obtain the needed rezoning. any access to Ames Avenue. Maxine LaNasa, 1389 Ames, spoke in oppositionall spoke in support of Midwest Lee Nakken, 1380 E. Idaho; John Ivance; June Frank; Plastics. Gladys Peterson, 1392 Ames, expressed concern about fire access and said 1422 Ames said if was used for fire access at one time. only and to expand the business Councilman Levine asked if Midwest Plastics can expand and and McNeally parking She explained the findings of the Zoning Lot 3 is rezoned to P-1 it could be used for on that Lot would require futher zoning. zoned residential and said the staff visited the site Staff that Lot 3 was always and have evidence that the early last year and found no evidence of the driveway inuse. driveway did not exist prior to 1978 and therefor artment andwould thinks the nonconforming area andpar king lot Mary Gralish said she lives in a nearby P live in Martin Nelson, 912 E. Third, an of Midwest is clean and neat. employee of Midwest Plastics, said i people an industrial area traffic must be expected. Brad Zelgert, 592 Gotzian, said he works at Midwest Plastics on the dock and drives a truck and there are only three or four trucks that use the driveway every day and 45 foot trucks can't get into the front loading dock. said the driveway was constructed October lOth,before the Betty O'Connell, 1401 Ames, 1978 and the public hearing and there is no reason to use sec1422 Ames.ucted in October, Lynn Kolb, 1384 Ames, said the driveway property. decision today should be on the driveway because it is ovesaidstheirleconomic Earl Timm, representing the St. Paul Chamber of Commerce, development program is orientated to help expansion of present industries and if nation wide you couldn't find a better i you searched ndustry than this one and most ea their employees live in the city in the general area. He said he thinks cere efforts to keep the firm in the city. the city owes Midwest sin \ Gale Giles, 1444 Ames, said the driveway issue should be resolved and we should not has been used since hear the whole matter again and it is not true that the driveway 1969. said he owns the home on 1422 Ames and Myron Roth, Jr., President of Midwest Plastics, one half of the Midwest Plastics Company and his father bought they Ames to for the improve e purpose of access. He said the entire issue was raised when taffecteda Mr. Lee, prior to 1978 and the neighbororiginally from the roadway which was us4 He said his father bought this property neutral and not present.rst to neighbors and the road one of the neighbors after it was offered fparking space and they would like a way along the railroad will wipe out their parking lot on the south part of Loot 3 withrestrict some aaccessfto Ames sfor Hcars lonly eand parking a fence or g are willing to put up traffic and it would cross the road across railroad property is too narrow for two way aid he a city sewer. At the question of Councilman Leviet,t e'apPealsthey will eprobably t to give up access at 1422 Ames and if they don't g gotten together seek legal action. eo le at Midwest have not g Councilman Levine said that he thinks the p P ort the appeal on an agreement a�_3 he would vote for a compromise but would not Supp today. ht there would be a compromise and he asked Councilman Maddox said that he also thought L s to cars using the driveway if they would agree to rezoning part of Lot 3 with no access to Ames Avenue, Betty O'Connell, 1401 Ames, said in no way could they agree o out of busin Jackie Healey said she if the driveway at 1422 Ames• doesn't think they would g parking was closed. would be willing to use the back portion of the Lot for p g William Roth said they put in a buffer and construct the road along the with no access to Ames and would p railroad right-of-way. should be aware of the uses that would be allowed on There was some discussion on a recess to allow discussion on a compromise an Councilwoman Hunt said people the property if Midwest would move out. Ms. McNeally of the Planning Staff reviewed the various uses allowed under present zoning.a page). (Discussion continued to the following p g 57566. \ May 16th, 1979. (Discussion continued from the previous page). Mr. Rellemas said District #2 did not drop the matter and the original rezoning was denied and they felt they were not qualified to discuss the appeal matter. The Council at this time recessed for ten minutes for a discussion on a compromise between the appellants and the residents of the area and then reconvened. Mr. William Roth appeared and said after a discussion with residents they agreed to propose denying the appeal with the understanding that Midwest Plastics and the residents would agree to rezone the south portion of Lot 3 but the attorneys involved said that is not possible. how to proceed and several Councilpersons suggested There was some discussion as to that rather then deny the appeal at this time the matter be continued until the rezoning petition is processed and ready for public hearing. Councilman Levine moved that the appeal be continued indefinitely and be rescheduled at the same time as a hearing on a petition to rezone. ncern about an indefinite layover and Mr. Roth said Several residents expressed co the road along the railroad right-of-way and the fence they would agree to construct and buffer prior to the rezoning hearing and by June 15th. After futher discussion, Councilwoman Butler asked that the motion be amended to provide for a continuance to July 25th and there was no objection. Roll call on the motion to continue the appeal to July 25th, 1979 to be rescheduled at the same time as a hearing on the petition to rezone. Adopted. Yeas - 6 Nays - 0 The meeting was thereupon adjourned. ATTEST* CiClerk. Copies sent to ��u■�����_•• Minutes approved by Council 6/ D-/7 J 57567. MINUTES OF THE -'COUNCIL 10:00 A.M. `.May 17th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco; President Hozza ... 6 Absent - Councilwoman Butler ... I Councilwoman Hunt moved that the rules be suspended to discuss proposed state legislation. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt said it has been called to her attention that the local election bill has been amended to include South St. Paul and that city has been granted local consent but the local consent provision has not been given to the City of St. Paul. She also said the Council should clarify their position in order to give proper direction to its lobbyists. President Hozza reviewed the policy of the city to adopt a resolution approving proposed legislation with approval by the Mayor as one city position. Mayor Latimer said when the city has acted on a position the city lobbyists should represent that position. He said he objected to fall elections when it was proposed a year ago because of the extended term and this year he told Senator Dieterich that he has no problem with the bill because it provides for a shorter term of office. He said he also told him that his position is not different then the Councils.. He said he signed the resolution and that is the position of the city. He said the best argument for a fall election is that it would give a longer time to elected officials to review the budget proposals. Councilwoman Hunt again stressed that legislation should have local consent and she suggested that the Council reaffirm their position and asked to be treated the same as South St. Paul and be given local option to determine whether the city wants to adopt the legislation. Councilwoman Showalter said she thinks the lobbyists should work hard for legislation when the City Council adopts it by resolution. Ms. Wright of the Mayor's Office said the directions are clear and she will convey the message to the authors of the legislation and the Councils original resolution was carried to each member of the delegation. Approval of Minutes of City Council Meetings of May 1st, 2nd, and 3rd, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 6 Nays - 0 C.F. No. 272919. THIRD READING. An ordinance amending Chapter 353.02 of the Legislative Code pertaining to firewood sold in grocery stores. (License requirement) Laid over to May 24th for Final Adoption, C.E. No. 272920. THIRD READING. An ordinance granting permission to the State of Minnesota to construct, operate and maintain chilled water lines under Wabasha St. connecting the State Capitol Building and the State Office Building. Laid over to May 24th for Final Adoption. C.F. No. 272921. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning and rezoning property located on the north side of Ames Ave. between Hazelwood and Kingsford, aka 1599 Ames. Laid over to May 24th for Final Adoption. C.E. No. 272922. THIRD READING. An ordinance amending Chapter 328.03 of the Legislative Code relating to trapping. Laid over to May 24th for Final Adoption. \1"` 57558. f May 17th, 1979. Letter of the Chairperson of the Public Works Committee transmitting Committee recommendations with respect to the petition of the MTC for the vacation of part of Railway Place. A letter of the Valuation Engineer was also noted recommending that the public hearing be rescheduled for May 29th, 1979. Councilman Levine moved that a date of hearing be set for May 29th. Adopted. Yeas - 6 Nays - 0 Claim of Catherine Daly by Attorneys Johnson, Essling, Williams, Daly, Ltd., Suite 828 Minnesota Bldg., St. Paul, Minnesota, filed on May 14, 1979, was read. Referred tc the City Attorney's Office. Notice of Hearing from the State Energy Agency regarding proposed rules relating to establishing materials, installation and labeling standards for thermal insulation products. Filed. Letter of the License Inspector transmitting the application for transfer of Restaurant, On Sale Wine Licenses, On and Off Sale Malt Beverage and Cigarette Licenses from Ronald Michael Turitto at 2060 Randolph Avenue to Donald B. Erickson at the same address. Filed. Notice of Hearing from the State Public Service Department on the uniform access rule - gas and electric utilities. Filed. Notice of Hearing from the State Pollution Control Agency in the adoption of Fiscal Year 1980 Municipal Needs List AND Municipal Project List pursuant to Minnesota Rule WPC 34 (Construction Grants). Filed. Resolution requesting the Mayor appoint up to 11 persons to serve on the 1979 Citizens' Budget Advisory Committee AND directing the Mayor's Proposed Budget for 1980 be available on August 14, 1979 to all recognized district councils AND authorizing the Council to schedule a series of evening Finance Committee meetings with the Citizens' Budget Advisory Committee. (Laid over from 5/10/79) Tom Watson of the Local Government Task Force of the Chamber of Commerce stressed the importance of an advisory committee and recommended eight persons from district councils to be chosen by the district councils and acting as individuals. Councilwoman Hunt said the Finance Committee entertained many possibilities and the resolution is the best thing they could come up with and they have received no response from district councils. She said the resolution would not preclude the committee from meeting independently and she hopes that duplication and costly staff work could be reduced. Councilman Maddox said he cosponsored the formation of the committee last year and it was not his intention to have all 17 districts represented and he would like to encourage more participation from labor and the business sector. Mr. Watson said last year a large amount of time was spent on training which wouldn't be required this year. Sally Patterson of the League of Women Voters read a statement in support of access by citizens to the budget process but expressing concerns about the charge to the committee and its recommendation. Councilwoman Hunt said the resolution is a product of the committee and she has no strong feeling that it is the best procedure and would welcome suggestions. Councilman Maddox said he would like each Councilperson to nominate one person. Councilwoman Hunt suggested a continuance to see if there is more support from district councils. Councilman Hozza suggested that the resolution be laid over until Tuesday to allow district councils to review the budget procedures. Councilwoman Showalter stressed the need to give the committee a specific charge and Councilman Maddox moved that the resolution be laid over for two weeks to May 31st, 1979. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt referred to a memorandum from Mr. Bless suggesting that at least one CIB member be a member of the Citizen Budget Advisory.Committee. C.F. No. 272968. Resolution amending the Civil Service Rules by striking the title Assistant Director of School Cafeterias in Grade 11 under the heading Professional - Administrative Group and by inserting said title in Grade 18 and by amending Section 49 by striking out and inserting new specifications for Assistant Director of School Cafeterias. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 57569. \ `May 17th, 1979. C.E. No. 272969. Service Rules by striking out the titles of Asphalt Resolution amending the Civil Batcherman and Asphalt Plant Engineer under the heading Semi -Skilled Labor and inserting the title Asphalt Plant Operator and amending Section 49 by striking out specifications for Asphalt Batcherman and Asphalt Plant Engineer and substitu- ting in lieu thereof the specifications for the title of Asphalt Plant Operator. (Second Reading and Adoption)Yeas - 6 Nays - 0 Adopted. C.F. No. 272970. Resolution amending the Salary Plan and Rates of Compensation Resolution by establishing a rate of pay for the class of Asphalt Plant Operator. (Second Reading and Adoption) Yeas - 6 Nays - 0 Adopted. Resolution approving the Civil Service Rules AND the compilation into booklet form. (First Reading; Finance Committee recommends appmpila) Laid over to May 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Workers' Compensation Clerk in Section 6, Grade 19 under the heading "Clerical" Group AND inserting its specifications in Section 49. (First Reading; Finance Committee recommends approval) Laid over to May 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Disbursement Auditing Clerk - Schools in Section 6, Grade 30 under the heading "Clerical" Committee recommends approval). Laid over to Mav 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the present specifications and inserting new specifications for Technical II level positions as listed. (First Reading; Finance Committee recommends approval) Laid over to May 24th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Watchman I from Section 6, Grade 13 under the heading "Attendance and Inspectional" Group and substituting in lieu thereof the title of Security Officer AND striking the specifications for the title Watchman I from Section 49 and inserting in proper alphabetical order the specifications for Security Officer. (First Reading; Finance Committee recommends approval). Laid over to May 24th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compeard nsation ndoorPReso,utio and Water to increase the rates of pay for Life Guard, Life Safety Instructor as they appear in Section IIB. (First Reading; Finance Committee recommends approval) Laid over to May 24th for Second Reading and Adoption, Resolution amending the Salary Plan and Rates of Compensation Resolution to increase the rates of pay for Recreation Aide and Recreation Leader I as they appear in Section II B. (First Reading; Finance Committee recommends approval) Laid over to May 24th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compensation Resolution to increase the rates of pay for Senior Pool Attendant and Swimming Pool Supervisor as they appear in Section II B. (First Reading; Finance Committee recommends approval) Laid over to May 24th for Second Reading and Adoption. C.E. No. 272971. Resolution amending the 1977 Capital Improvement Budget and transferring $62,599.60 from projects as listed to Oiled Streets - 1977 Repaving Program. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 272972. preliminary approval to Galleria Towers Housing Project Resolution granting p proper Cit AND authorizing signature of a preliminary agreement by the prop y Officers AND authorizing issuance of6city revenue Nbonds. ays -0 Adopted. Yeas C.E. No. 272973. Resolution authorizing a Below Market Interest Rate Mortgage Loan Financing Program and authorizing -a second issue of revenue bonds. Adopted. Yeas - 6 Nays - 0 C.F. No. 272974. Resolution approving the appointment of Pierre N. Regnier as special counsel to act as hearing officer in a certain discrimination case entitled John Pecchia versus William Mitchell College of Law. Adopted. Yeas - 6 Nays - 0 C.F. No. 272975. Resolution approving payment of $75.00 to Dolores M. Rauen and $600.00 to Charles Ennis and the State Farm Insurance Company from the Tort Liability Fund in full settlement of their respective claims. Adopted. Yeas - 6 Nays - 0 C.F. No. 272976. Resolution authorizing payment of $384.66 to D. Dianne Barz Nutzman and David S. Anderson from the Tort Liability Fund in settlement of the Nutzman claim. Adopted. Yeas - 6 Nays - 0 Resolution granting the petition of Olympia Brewing Company, et al, for the vacation of part of Reaney Ave., Greenbrier St. and parts of the alley in Block 57, Arlington Hilss Addition and part of Block 1, Schurmeier and Evans Addition. Councilman Maddox moved that the resolution be laid over until Tuesday, May 22. Adopted. Yeas - 6 Nays - 0 Discussion of possible rehabilitation of building at 1037 Dayton Avenue. (Mr. Battle, owner). No one appeared and Councilman Maddox moved that the matter be laid over until Tuesday, May 22nd. Adopted. Yeas - 6 Nays - 0 Reference was made to a motion adopted at the evening meeting on May 16th which continued until July 25th the hearing on the appeal of Myron Roth, (Midwest Plastics, Inc.) to a Board of Zoning Appeals decision affecting property at 1422 Ames Avenue. It was noted that July 25th is a Wednesday and business is restricted to licensing matters and Councilman Maddox moved that the matter be continued to Thursday, July 26th with new notices to property owners and to be considered the same time as a hearing on a proposed rezoning of Lot 3 at the same location. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 City erk. Copies sent to Councilmen__! G Minutes approved by Council 57571:/ MINUTES OF THE "COUNCIL 10:00 A.M. May 22nd 1 Y 979 COUNCIL CHAMBERS - CITY HALL 6 COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, President Hozza...5 Absent - Councilmen Butler, Tedesco ... 2 C.F. No. 272977. FINAL ORDER. In the matter of grading and paving Hawthorne Avenue from Westminster St. to Arkwright St. under P.O. 272580. (Laid over from March 27, April 24, and May 1, 1979) No one appeared. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 272978. FINAL ORDER. In the matter of constructing a sanitary sewer in Hawthorne Avenue from Westminster St. to Arkwright St., and constructing water and sewer service connections under P.O. 272581. (Laid over from March 27, April 24, and May 1, 1979) No one appeared. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 5 C.F. No. 272979. FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills in connection / with the improvement of Hawthorne Avenue from Westminster to Arkwright under P.O. 272582. (Laid over from March 27, April 24, and May 1, 1979) No one appeared. Mr. Kuhfeld of the Public Works Department said that respect to the orders on Hawthorne Avenue the developer has promised to pay one half of the assessment and the Public Works Committee has recommended the orders be approved. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 272980. FINAL ORDER. In the matter of improving of Hazelwood St. from Case Ave. to the proposed cul-de-sac 300 feet north of Case Ave. AND improving of Omaban St. from Case to the proposed cul-de-sac 245 feet north of Case. (P.O. 272835) No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 272981. FINAL ORDER. In the matter of opening and widening Hazelwood and creating a cul-de-sac by taking parts of Block 4, Oak Park and Block 6, Ames Outlots Additions AND condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Hazelwood from Case to the proposed cul-de-sac 276.5' north of Case AND opening and widening Omaban St. and creating a cul-de-sac by taking part of Marshall's Division Assn. AND taking and condemning an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Omaban from Case to the proposed cul-de-sac 245 north of Case. (P.O. 272836) No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 5 Nave - n C.F. No. 272982. FINAL ORDER. In the matter of construction of a water main in Hazelwood St. from Case Ave. to the proposed cul-de-sac 300 feet north of Case Ave. AND construction of a water main in Omaban St. from Case Ave. to the proposed cul-de-sac. (P.O. 272837) No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 5 Nays - 0 May 22nd,1979. 57572.' C.F. No. 272983. FINAL ORDER. In the matter of the construction of a sanitary sewer in Hazelwood St. from Case Ave. to the proposed cul-de-sac 300 feet north of Case Ave. AND construction of a sanitary sewer in Omaban St. from Case Avenue to the proposed cul-de-sac 245 feet north of Case Ave. (P.O. 272838) No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 272984. FINAL ORDER. In the matter of the installation of a public water main in Roblyn Ave. from Wilder St. to 180 feet west of Wilder. (P.O. 272839) No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 272985. FINAL ORDER. In the matter of improvement of Summit Avenue from Mississippi River Blvd. to 330 feet east of Snelling. (P.O. 272840) Mr. Kuhfeld responded to questions from Councilman Levine and Council President Hozza and said meetings with the neighbors have been held and there were objections to the experimental lighting. He said the lights will be replaced and it is his understanding that the experimental lighting all over the city will be removed. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt moved that Councilwoman Butler be excused from todays meeting. Adopted. Yeas - 5 Nays - 0 / C.F. No. 272887. FINAL ADOPTION. ORD. NO. 16522. An ordinance designating the St. Paul City Hall and Ramsey County Courthouse as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272888. FINAL ADOPTION. ORD. NO. 16523. An ordinance designating the Governors' Residence, 1006 Summit Avenue, as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272889. FINAL ADOPTION. ORD. NO. 16524. An ordinance designating the Blair Flats (Angus Hotel) 165 Western Avenue as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272890. FINAL ADOPTION. ORD. N0. 16525. An ordinance designating the Adolph Muench House, 653 E. 5th St., as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272891. FINAL ADOPTION. ORD. NO. 16526. An ordinance designating the James J. Hill House, 240 Summit Avenue, as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272892. FINAL ADOPTION. ORD. N0. 16527. An ordinance designating the Ward Beebe House, 2022 Summit Avenue, as a Heritage Preservation Site. Adopted. Yeas - 5 Nays - 0 C.F. No. 272946. SECOND READING. An ordinance amending Ord. No. 7502 pertaining to the City Market Revolving Fund AND establishing a parking fund for sue in maintenance operation, repair and improvement to City owned parking facilities. Laid over to May 24th for Third Reading. C.F. No. 272986. FIRST READING. An ordinance amending Chapter 438 of the St. Paul Legislative Code pertaining to unlawful display to minors of indecent publications, pictures or articles. (See discussion below) C.F. No. 272987. FIRST READING.. An ordinance amending Chapter 475 of the St. Paul Legislative Code pertaining to the unlawful dissemination of materials which are harmful to minors. Council President Hozza said he would prefer both ordinances go to committee. (Discussion continued to the following page). 57573. \ May 22nd, 1979. (Discussion continued from the previous page). Councilman Maddox said he would welcome this but he does not want the same type of situation that occurred a year or two years ago. of S Councilman Maddoxaordered that1basic change except C.F.said tr finition F.No. 272986andC.tclarify a F.No22987beereferred to newsstands,it the Legislation Committee. C.E. No. 272988. FIRST READING. An emergency ordinance amending Section 154.01 of the Legislative Code and .rates of fare for taxicabs within the City of St. Paul. ues Mr. Byrne, Assition from President Hozza and stant City Attorney, responded to a q said the ordinance requires seven affirmative votes. Councilwoman Hunt asked if the City Attorney's Office feels this ordinance meets the requirements for an emergency ordinance and Mr. Byrne said the ordinance was approved merely as to its form and not its merit. ordinance qualifiessasdanffacts emergencyuld ordinanceeandpart o he askedewhether thisrecord ncouldebehe ordinance q sustained in court. Mr. Byrne said that from his view and the view of Mr. Garvey it does not. Councilwmanand fromopastnforma xunt saidinstancestthefLicenseirst 1ng Committeehhasdestablished be done is a fact findinggather the1committee11 Councilwoman Hunt moved the ordinance be introduced today as a regular ordinance AND the emergency ordinance be introduced a week from Yeoday.with the License are documentation to inspectors office and the city Attorney's office to p p justify its introduction. The ordinance was laid over to May 29th for Second Reading. C.F. No. 272989. in conditions and assurances concerningthe etabheshment Resolution providing certa of the Job Corps Center at the Bethel site. (Recommended for approvalbY City Development Committee asYamended) Nays - 0 Adopted. Claim of John Anderson, 1236 Earl Street, St. Paul, Minnesota, filed.on May 17, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Marion Clark, 1230 Frisbie Avenue, St. Paul, Minnesota, filed on May 17, 1979, was read. Referred to the City Attorney's Office. Claim of Jeanette Law, 1455 E. Minnehaha Avenue, Apt. 104, St. Paul, Minnesota, filed on May 17, 1979, was read. Referred to the City Attorney's Office. Claim of Cindy Taylor, 224 E. Baker Avenue, St. Paul, Minnesota, filed on May 16, 1979, was read. Referred to the City Attorney's Office. Claim of Alma M. Volk, 1756 No. Howard St., St. Paul, Minnesota, filed on May 17, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Marcella Chapman versus the City of St. Paul. Referred to the City Attorney. rke Letter of the State Department of Revenue transmittn foring ookerreliT. Pa her assessed Pres. for Help Encourage Local Progress, app licatiovaluation described in Application #281910: Filed. Copy of letter of the Mayor transmitting the District 2 Plan, was noted. It was ordered the Citizen Participation Coordinator meet with representatives of the district and recommend a date of hearing for consideration. Letter of William Patton, Administrator of Community Development, transmitting a request for a public hearing to consider the addition of a new project, the relocation of Industrial Steel Container Corporation to the Community Development Year IV Program. 29th be established. Councilman Maddox moved a hearing date for May Yeas S Nays -`0 Adopted. - 57574. May 22nd, 1979.; Notice of Hearing from the State Department of Natural Resources on the proposed inclusion of the Minnesota Wild, Scenic and.Recreational Rivers System of the Cloquet River. Filed. Letter of the Valuation Engineer transmitting the recommendation for a public hearing for June 19, 1979.for',the petition of George and Barbara Stahl to vacate'a sewer easement over Lot 1, Block 2, Otto Hunt's Addition. Councilman Maddox moved the recommendation be accepted Adopted. Yeas - 5 Nays 0 Administrative Orders: D 4903 - Authorization to purchase a.fork lift for $18,500.00 without bids or advertisement. D 4904 - Authorization for the Purchasing Agent to_purchase 3.2 beer for four Municipal Golf Courses. D 4905 - Authorization for the Purchasing Agent to purchase soft drinks for four Municipal Golf Courses: D 4906 - Authorization to pay '$10.44 from the Workers' Compensation Account to Louis St. Marie, Dept. of Community Services employee. D 4907 - Authorization to pay $209.00 from the Workers' Compensation Account to Otimio Vasquez, Dept. of Community Services employee. D 4908 - Approval of a Change Order of $500.00 and extension of the contract time to Ethridge Construction Co. for the City, Hall Annex project. Resolution granting the petition of Olympia Brewing Co., et al, for the vacation of part of Reaney Ave., Greenbrier St. and parts of the alley in Evans Addition. (Laid over from May 17, 1979) Councilman Maddox moved that the resolution be laid over to May 29th. Adopted. Yeas 5 Nays - 0 C.F. No. 272990. Resolution amending the 1979 Budget transferring $10,900.00 from Contingent Reserve — General to Department of Public Works - Clean Capital City (Publication of brochures). Councilwoman Hunt asked why the funds -could not be drawn from department funds j rather than drawing from the Contingent Reserve particularly as reference is made .to city reimbursement. Mr. Peter Hames said reimbursement is expected but --is not entirely certain. Councilwoman Hunt said she thinks the bill should be paid now however it seems to her the time to make a transfer would be sometime nearer to October. She said she would support such a transfer in October but not know when theoretically_ the department funds would be reimbursed. ,She asked whether the Contingent Reserve fund would be reimbursed particularly in 'light of the fact that this item is listed as a line item within the Public Works budget. Peter Hames said that if October presentation of the resolution were her preference he would agree to that. Council President Hozza suggested the first page of the resolution, i.e. statement of public purpose and the second page of the resolution which actually effects the transfer be presented later. The recommendation was.agreed to. Roll call on the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 272991. Resolution ordering the correction or wrecking and removal of a building (house only) at 246 Edmund Avenue. Adopted. Yeas - 5 Nays 0 C.F. No. 272992. Resolution approving the action of the St. Paul Board of Appeals and Review with regard to property at 1441-43 Sherburne and 273 Dayton Avenue (Dolores Gahan and Lillian Baumgartner respective appellants). Adopted. Yeas - 5 Nays 0 C.F. No. 272993. Resolution revoking the sauna license of Cindy Russell dba Penthouse Sauna at 54 W. Seventh St.' No one appeared in response to an invitation from the chair. Adopted. Yeas - 5 Nays -'O 57575 May 22nd, 1979.OW ::Resolution recommending to the Executive Council of the State Department of Economic Development that a loan to the University Ave. Development Corporation for a restaurant to be known as Engine House No. 5 be approved.', Council President Hozza said he was asked to sign the resolution and did so because it seemed to be a noncontroversial item. He said that since then he has found that such was not the case. He mentioned the Selby/Mackubin location and the interrelation of this resolution with the Heine liquor transfer matter. Councilman Maddox moved that the matter be laid over to May 24th. Councilman Levine moved that the rules be suspended to consider agenda item X156 and #58. C.F. No. 272994. Resolution adopting District 14 Plan as part of the St. Paul Comprehensive Plan. Council President Hozza said the record will be, left open for further comments. Marjorie Kirk, 1832 Jefferson, said she was in favor of making Jefferson a quiet neighborhood street and Council President Hozza replied this plan goes a long way to accomplishing that. Sister Mary Ellen Ward expressed concern for the safety of children in the Randolph/ Albert area. She said the Council should keep in mind that traffic will be diverted to that location and there are 'almost 2,000 students attending Cretin and Derham Hall who use the Randolph/Albert area. Councilman Levine asked whether the Traffic Department should not be looking into new signals for high pedestrian areas such as this. Council President Hozza said that at the meeting the Council indicated it did not want to increase the speed or change the character of the neighborhood and in no means does the Council want to increase the problem on Randolph by decreasing the problem on Jefferson. He suggested to Sister Mary Ellen Ward that Roger Ryan would be the person to talk to with regard to this matter. Roll call on the resolution. / Adopted. Yeas - 5 Nays 0 Discussion of possible rehabilitation of building at 1037 Dayton Avenue (Mr. Battle, owner, laid over from May 17, 1979) Mr. Sam. Blue of the Building Department read the departmental report on the building condition and said the wrecking order was stopped pursuant to the City Council's recommendation. He said that recent inspection indicates nothing has been done to correct the building condition. Mr. Blue responded to a question from President Hozza and said the courts have ordered that the building be wrecked. President Hozza said this belongs in the same category as the houses on Winifred and on Como previously considered by the City Council and he said at that time the Council has a policy on matters such as this. has engaged an architect. He said Mr. Battle said he has secured insurance and the door on Chatsworth has been boarded up and tentative financing has been established with a view to a twelve unit building. Councilman Levine asked iftherehabilitation could be done immediately and it was with that understanding Mr. Battle was advised to get insurance and come back to the Council in one week. He said the matter has been laid over several times because of circumstances beyond Mr. Battles control. personally Council President Hozza said he does not want his remarks to be taken p y or even with respect to this particular piece of property. He said he had to make a previous appearance before the District Court wherein he promised the court the Council would no longer do this type of activity. He said the Council is going to be held on contempt of court. Councilwoman Hunt said she was at the, meeting and reluctantly went with the motion on the matter because the Council agreed this was an exceptional case. Council President Hozza reaffirmed that he wished to make it clear he is not talking about Mr. Battle or this particular house but he thinks that the Councils credibility is being damaged severely. rder for 1037 Dayton came before the Council Councilman Levine said the condemnation o before it established the policy and it has been since the adoption of that policy that Mr. Battle acquired the building. He said he would rather a building be rehabilitated then be torn down and when'a person comes before the Council with a check in hand then the idea :of rehabilitation should be entertained. Councilman Levine asked if all the commitments toward rehabilitation have been accomplished and Mr. Battle said construction will start as soon as he can satisfy the Building Department. He commented briefly on the,present condition of the building by saying that the department complaint, on the broken windows is picayunish but if the department insists he will correct the situation. (Discussion continued to the following page).. \ 57576. May.22nd; 1979., (Discussion continued from the -previous page). Councilwoman Hunt asked '?whether.the insurance information has been submitted to the City Attorney for approval because it has always been a concern that conditions of liability of the;city and the ;Council be satisfied. Mr. Byrne, Assistant City Attorney, said he.would have an answer on the insurance form sometime this noon. Councilman Maddox suggested the matter be laid over until Thursday and that Mr. Battle meet with the City; Attorney`s Office and determine that everything is proper. Mr. Battle said he has talked to the Zoning Department and everything, depends on what the Council wants to,,do as'to the zoning situation of the property. Councilwoman Hunt reminded Mr.;,Battle that if there is a:need for a`zoning determination by the council -that"he', Mr. Battle, would be proceeding at his own risk. Mr. Battle responded to a question from Councilwoman Showalter by saying there are no longer any plans to put a store in the bottom of the building. councilman Levine said, he, would support approval today subject to approval of the City Attorney of the insurance. Councilman Maddox said the Council wants to help Mr. Battle and to that end he might suggest that Mr.Battle get together with Mr. Byrne and find out what has to be done and 'consider the matter on Thursday. He questioned whether a zoning change is necessary any longer inasmuch as the plans for the store have been discarded and Mr. Blue said that the zoning change is necessary because the building has been vacant over 360 days and its grandfather clause has expired. Mr. Blue said there are also questions of adequate off street parking. Councilman Maddox suggested once again the matter be laid over to Thursday and that Messrs. Byrne and Bowser report to the Council on Thursday. Councilwoman Hunt said there were other considerations in addition to the insurance factor. Mr. Battle requested the matter be continued to Tuesday, May 29th, rather than to May 24th. Councilman Maddox moved that the matter be considered again on May 29th. Council President Hozza.reaffirmed that as far as he is concerned the matter is not a matter of Mr. Battle. Roll call. Adopted. Yeas - 4 (Hunt, Levine, Maddox, Showalter)/ Nays - 1 (President Hozza) C.F. No. 272995. Resolution granting Bingo Game Licenses to Hazel Park Comm. Club Ladies Aux. and St. Adalburt Rosary Society. Adopted. Yeas - 5 Nays - 0 C.E. No. 272996. Resolution granting the transfer of Sunday On Sale Liquor license AND transfer of Restaurant, Tavern and other licenses from Bars Unlimited, Inc. at 880 E. Seventh St. to Bars Unlimited, Inc. dba Tartan Lounge, at 880 E. 7th St. with change of officers and stockholders. Adopted. Yeas - 5 Nays - 0 C.F. No. 272997. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 272998. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 272999. Resolution granting Drive -In Restaurant License to. John Fida at 1440 E. Minnehaha Ave. Adopted. Yeas - 5 Nays - 0 C.F. No. 273000. Resolution granting Drive -In Restaurant license to Frank and Meredith Ratasky at 63 W. George St. Adopted. Yeas 5 Nays 0 C.F. No. 273001. Resolution granting Temporary On Sale Malt Beverage.license to St. Francis De Sales Casino Club.. Adopted. Yeas - 5 Nays - 0 57577. J May 22nd, 1979. C.F. No. 273002. Resolution granting Auto Body Repair license to Thomas E.-Wernet at 506 S. Smith. Adopted. Yeas 5 Nays - 0 C.F. No. 273003. Preliminary Order for the grading and paving the alley in Block.l, Auerbach and Hand's Addition from Rose to Maryland Avenues AND setting date of public hearing for June 19, 1979. Yeas -.5 Nays - 0 Adopted. C.F. No. 273004. and taking an easement in the land necessary Preliminary Order for the condemning for slopes, cuts and fills occasioned by the grading and paving the alley in Block 1, Auerback and Hands Addition AND setting date of public hearing for June 19, 1979. Yeas - 5 Nays - 0 Adopted. C.F. No. 273005. Preliminary Order for the grading and paving in Block 8, Watt's Park, from Howard St. to McKnight Rd. AND setting date of public hearing for June 19, 1979. Adopted. Yeas - 5 Nays - 0 C.E. No. 273006. e condemning and taking an easement in the landnecessary Preliminary Order for th for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 8, Watt's Park from Howard St. to McKnight Rd. AND setting date of public hearing for June 19, 1979. Yeas - 5 Nays - 0 Adopted. C.F. No. 273007. Preliminary Order for the grading and paving in Block 3, Edmund Rice's 3r Addition from Jackson St. to Agate St. AND setting date of public hearing for June 19, 1979. Yeas - 5 Nays - 0 Adopted. C.E. No. 273008. Preliminary Order for the condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 3, Edmund Rice's Third Addition AND setting date of public hearing for June 19, 1979. yeas - 5 Nays - 0 Adopted. C.F. No. 273009. grading and awing an alley in Block 72, W. J. Preliminary Order for the opening, g g p ur oses Godfrey's Subdivision by taking and condemning an easement for alleAND setting on, over and across the north 16 feet of Lots 15 thru 29, Block date of public hearing for June ea19, 5979. Nays - 0 Adopted. C.F. No. 273010. grading and paving an alley in Block 72, W. J. Goclfrey's Preliminary Order for opening, g g Subdivision by taking and condemning an easement for alley purposes on, over and across the north 16 feet of Lots 15 thru 29 in said Block 72 AND condemning and taking an easement in the land necessary for Wslopes, cuts and fills occasioned ion AND by the grading 1979. te and paving of the alley in Block of public hearing for June 19, 19- 5 Nays - 0 Adopted. Yeas C.F. No. 273011. the improving of DeSoto St. from North St. to Collins t. Preliminary Order for AND North St. from DeSoto St. to Payne Ave. AND setting date of public hearing for June 19, 1979. yeas - 5 Nays - 0 Adopted. C.F. No. 273012. of an easement in the land Preliminary Order for the condemning and taking grading in DeSoto necessary for slopes, cuts and fills occasioned by the g g St. from North St. to Collins St. AND North St. from DeSoto St. to Payne Ave. AND setting date of public hearing for June 19, 1979.- 0 Adopted. Yeas - 5 ` May 22nd, 1979. 57578.v C.F. No. 273013. Resolution approving assessment for summary abatements for the period December 1 thru December 31, 1978 AND setting date of public hearing for June 19, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273014. Resolution approving assessment for Boarding -up and demolition for period December 1 thru December 31, 1978 AND setting date of public hearing for June 19, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273015. Preliminary Order for the reconstruction of sidewalks on streets as listed: Mt. Curve Blvd., west side from Randolph Ave. to north to Lot 21 Miss. View. Mt. Curve Blvd., east side only at 464 and 454 Mt. Curve. Finn St., both sides from Jefferson Ave. to north 141 ft. Syndicate St., ease side from 110 feet south of Minnehaha Ave. to north 60 feet. AND setting date of public hearing for June 19, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273016. Preliminary Order for the reconstruction of sidewalks on streets listed: Armstrong Ave., north side from Chatsworth St. to west 35E right-of-way Fairview Ave., east side from Pinehurst Ave. to Highland Pkwy. St. Paul Ave., south side from Davern St. to Edgcumbe Rd. St. Paul Ave., north side from Davern St. to west 140 feet abutting 1215 Davern AND setting date of public hearing for June 19, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273017. Resolution granting the transfer of On Sale Liquor license from Guy, Leonette E. and Mark P. Rice at 96 N. Dale St. to Leo H. Gadbois at the same address. Adopted. Yeas - 5 Nays - 0 Councilman Maddox requested the City Attorney check to see if the residence requirements extend to members of boards and the commissions and particularly to persons who will be administrating the Truth in Housing Ordinance. Councilman Maddox referred to a letter received by the William Mitchell College of Law and others from the Parking Commission requesting donations to put a provision in the ordinance to allow a parking permit for residential areas. Councilman Maddox moved the question of the propriety of the Parking Commissions letter be referred to the Public Works Committee. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt responded to a recent appearance at the City Council of Mrs. Westercill and noted the report of the chimney at 720 W. Minnehaha was dated August of 1978 and that to date the problem has not been resolved. She said the Council should instruct the City Attorney to do something about this chimney. Councilwoman Hunt moved the Building Department respond to the situation at 720 W. Minnehaha. Adopted. Yeas - 5 Nays - 0 Councilman Levine requested there be a police officer in attendance in the Council Chambers at all times and noted a recent critical situation on the 7th floor and the inability to get a quick response to it. It was noted that the City Attorney is checking into the contract provisions for the furnishing of protection by the Sheriff's Office. Council President Hozza reported on the status of the People Mover legislation at the State Capitol and said it is in better shape legislatively then its ever been as far as protections from the provider. He noted the guarantees by the private sector had been increased and made references to the formula as it affects CIB and MTC monies. He said the senate bill prohibits tax increment financing within one half mile of the People Mover route except for transportation purposes. He noted this provision would not affect skyway.,dowelopment. Councilman Maddox moved that the meetijpf be adjdurned. Adopted. Yeas - Nays - 0 A J 0 U E AT A.M. c Coun Pr nt. AT �� Copies sent t Councilmen Minutes approved by Council City Clerk. J 57579. MINUTES OF THE COUNCIL 9:00 A.M. May .23rd, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councilmen Hunt, Levine, Showalter, President Hozza-5 Absent - Councilmen Butler, Tedesco ... 2 Request by Mr. William Heine to withdraw his application for the transfer of his On Sale Liquor License from 488-492 St. Peter Street to 777 Grand Avenue. Councilperson Showalter moved the request by granted. Adopted. Yeas - 5 Nays - 0 Request by Engine House Associates, Limited, A Limited Partnership, (Mr. Richard S. Henke) that a date (July 18, 1979) be set for a public hearing on his application for the transfer of the On Sale Liquor License presently held by Heine, Incorporated at 488-492 St. Peter Street to Engine House Associates, Limited, A Limited Partnership at 498 Selby Avenue. Mr. Grayson, attorney for Robert Heine's children, said he wants to be sure the children are protected. Council President Hozza said that unless those names are on the License they are not affected but he suggested Mr. Grayson get together with Mr. Garvey. Councilman Maddox asked what correlation is there to this Liquor License and the line agenda yesterday requesting a state loan. President Hozza said he thinks that is the question he planned to go into at tomorrow's meeting when the resolution comes up for consideration. Mr. Carchedi, License Inspector, and Mr. Henke said they are not aware of the situation. Mr. Carchedi said that Mr. Henke, is applying to purchase the Heine License from Mr. Heine, Jr. and it is all contingent on whether he is allowed to move it. He said he is unaware of the loan situation because his office does not have the complete -application. Councilperson Showalter moved a hearing date for July 18th, 1979 be established. Adopted. Yeas - 5 Nays - 0 Bingo Application - Women of the Moose, St. Paul Chapter No. 70, 1795 E. Seventh Street, 26 periods. (Ione Grams, Recorder, and Ellen Mae LaValla, Manager, notified to attend). Councilman Maddox moved approval. Adopted. Yeas - 5 Nays - 0 Change of officersin Gannon's, Inc., On Sale Liquor Licensee at 2728 W. Seventh Street. (No one notified to attend). C.F. No. 273018. Resolution approving change of officers in Gannons, Inc., holder of On Sale Liquor License at 2728 W. Seventh Street. Councilman Maddox moved approval. Adopted. Yeas - 5 Nays - 0 Application for the transfer of the On Sale Wine and On Sale Malt Beverage and miscellaneous licenses issued toRonald M. Turitto at 2060 Randolph Avenue to Donald B. Erickson at the same address. (Donald B. Erickson notified to attend). C.F. No. 27319. Resolution approving the transfer of the On Sale Wine and On Sale Malt Beverage AND miscellaneous licenses issued to Ronald M. Turitto at 2060 Randolph Avenue to Donald B. Erickson at the same address. Councilman Levine moved approval. . Adopted. Yeas -- 5 Nays - 0 Application for the transfer of the On Sale Liquor License and "miscellaneous licenses issued to Swez, Inc. at 1900 Stillwater Avenue to Parkway Tavern, Inc. at the same address. (William J. and Janice M. Kernal notified to attend). 57580 \ May 23rd, 1979. C.F. No. 27320. Resolution approving the transfer of the On Sale Liquor License AND miscellaneous licenses issued to Swez, Inc, at 1900 Stillwater Avenue to Parkway Tavern, Inc. at the same address. Councilperson Showalter moved approval. Adopted. Yeas - 5 Nays - 0 Application by J. B., Incorporated, On Sale Liquor Licensee at 193 S. Robert Street, doing business as Mayor T.R. Potts Public Eating and Drinking Establishment, to expand their area of service of liquor. (Eric J. Mattson notified to attend). Mr. Carchedi showed a plan for the proposed service area and answered Councilperson Showalter's questions as to parking. Councilman Maddox moved approval. Adopted. Yeas - 5 Nays - 0 Application for a Bingo License by the Johnson Area Hockey Association-at':1079 Rice Street for 52 periods. Daniel J. O'Connor, Treasurer, and Harold N. Marty, Manager, notified to attend. Councilman Maddox moved approval. Adopted. Yeas - 5 Nays - 0 Discussion of the proposed changes in the notification requirements of On and/or Off Sale Liquor transfers (person to person). Mr. Carchedi said a memo had been sent to Mr. Carlson and Karen Christofferson regarding a request that transfers be made a part of the early alert system. He noted that s considerable delay in the processing of said transfer would result from accomodation / with the request. President Hozza said he did not see what additional information would result from neighborhood involvement. Councilman Maddox said this would be discussed with Karen Christofferson within the License Committee sometime in June. Philip Byrne,Assistant City Attorney, said the only possibility wherein neighborhood involvement would be a factor would be in those situations where a new owner is going to adopt a new style of operation such as a disco which could result in changing the character of a neighborhood as to traffic pattern and neighborhood safety. Mr. Byrne said however this is a remote possibility. Councilman Maddox moved the subject of the Carchedi memo regarding the notification; requirements be referred to the Legislation Committee. Adopted. Yeas - 5 Nays - 0 Councilperson Hunt referred to a remark at,yesterday's Council Meeting as to whether or not persons who serve on the Truth In Housing Board were required to be residents. She said she thinks the Council is operating on a double standard and said that she is referring to the hiring of a Minneapolis attorney to do the Council's investigation in the Liquor License probe. Councilperson Hunt said that tomorrow she is going to move to reconsider the appointment of Mr. Hunegs as an investigator. President Hozza said that if she is going to make such a motion the Council may as well throw up the whole question. He said that in this particular case the Council went out of its way to get a completely qualified individual because it was impossible to get a St. Paul attorney who was not in some way involved. He said to make the appointment part of the residence question is uncalled for. Councilman Maddox said if the Council is going to play games with the residency he is willing to take the question to the voters. He said we talked to some eighteen attorneys and could not find someone. Councilman Maddox said he always thought Minneapolis should be part of a reciprocal arrangement as far as residency is concerned because they are both core cities. Counciperson Hunt said she is arguing for consistency. She said that as far as the assumption there was no one in St. Paul qualified, she does not remember any advertising by the Council for the investigator position. Councilperson Showalter moved that President Hozza be excused from the Council meeting of May 24th, 1979. Yeas - 5 Nays - 0 Adopted. Councilman Maddox moved the meeting be adjourne Adopted. Yeas - 5 0 U R Nil D' IT :f/1 A.M. Co nci] resa t. ATT T: Copies sent to Coun h n Minutes 'approved by Council City Cl rk. 57581 MINUTES OF THE COUNCIL 10:00 A.M. May 24th, -1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Acting President Hunt at 10:10 A. M. Present - Councilmen Levine, Maddox, Showalter, Acting President Hunt...4 Absent - Councilmen Butler, Tedesco, President Hozza...3 (President arrived at a point during the meeting) Councilman Maddox moved that Councilwoman Butler be excused from todays meeting. Adopted. Yeas - 4 Nays - 0 Hearing to consider the advisability and necessity of ordering the correction or wrecking and removal of a building at 409 No. Fairview. (Garage) President Hunt noted communication from the Housing and Building Code Enforcement Unit indicating the offending garage had been removed. She ordered the file closed. Hearing on the petition of Conrad Leurer to rezone property at the southeast corner of Larpenteur and Galtier Avenues aka Lots 28 and 29, Block 4, Rice Street Villas. (Laid over from April 26, 1979) Donna McNeally, City Planner, read the recommendation of the Planning Commission for denial. A letter from the District 6 Planning Council recommending approval of a revised proposal for a B-3 zoning request of Mr. Leurer was submitted for addition to the file. A petition of five names of residents in the nearby vicinity registering no objection to a revised proposal to a B-3 zoning classification was also noted and added to the file. Mr. James Robert Tschida representing Mr. Leurer said that the original petition was for an I-1 zoning but since that time his client has reconsidered and asked for a B-3. He said the land is a tract of 80 foot frontage and 100 feet depth and it is / marginal land which has for years been used for truck farming and a celery farm. !/ Mr. Tschida said Linders Green House is adjacent to the property. There is a 7-11 Store nearby on the same side of Larpenteur and going to the west is a car wash and a commercial building principally with rental office space. Acting President Hunt said her recommendation is that the 'matter be referred back to the Planning Commission because of the change in the proposal. She said she thinks Mr. Tschida's clients interests would be better served by having the Zoning Board review the new proposal. She said it would be up to Mr. Tschida however to decide what his clients decision would be. Mr. Tschida agreed with this appraisal. Councilman Maddox moved the Planning Commission and the Zoning Staff make new recommendations based on the new proposal be submitted. Adopted. Yeas - 4 Nays - 0 Councilman Maddox moved that the rules be suspended. Adopted. Yeas - 4 Nays - 0 C.E. No. 273021. Resolution authorizing the financing of a Second Below Market Interest Rate Mortgage Loan Program under Chapter 260, Laws of Minnesota AND authorizing the issuance of single family mortgage revenue bonds to finance the program. Mr. Terry McNellis referred to a proposal of Congressman Uhlman to eliminate the powers of cities and states to issue tax exempt bonds. He said the purpose of the present resolution would be to authorize negotiations with Piper, Jaffray and Hopwood regarding said bond distribution. Roll call. s Na - 0 Adopted. Yeas - 4 y (See note later in the meting) Councilman Maddox said he was disappointed with the TV coverage of the situation regarding the residency ordinance and said he was sorry the original agreement to turn the matter over to an ad hoc committee was not kept. ,He said seven Council Members sat here and, made an agreement and the issue of having someone outside St. Paul (Discussion continued to the following page). May 24th, 1979.`. 57582. (Discussion continued from the previous page). was discussed theoretically. He said in fact Councilwoman Hunt had two recommendations and both individuals were for people who lived outside St. Paul. Councilman Maddox said over twenty persons were considered for the position of investigator. He said he is -getting -the impression that 'six people on the,Council can submit ordinances and there are compromises but when Councilwoman Hunt submits an ordinance there is no compromise. He said he believes the investigation was started and it should be concluded. He said it should be concluded because this Council made a commitment to get to the bottom of the investigation and he objected to what he called the residency issue being used as a smoke screen to terminate the investigation. Councilman Maddox moved that Council President Hozza meet with the head of the Ramsey County Bar Associationandask for a recommendation that would come from that organization so the Council can proceed with the investigation. Acting President Hunt said she regrets if she ha"s caused any distress to members of the Council or to Mr. Hunegs however the residency question is so broad as to extend to areas greater then just to employees. Councilman Maddox said he is willing to pursue this further next week because he is concerned with a breach of the agreements. Councilman Levine said he has watched what has taken place for the past twenty four hours. He said it is very foolish for Councilwoman Hunt to tie the license investigation to the residency issue because she codd not get support for her proposal. Councilman Levine said we really need someone for the investigation who is competent, courageous and tenacious and who isnot tied in with :the bar owners in St. Paul. He said it looks to him as if there is an effort to use this residency -issue as a smoke screen to drop the investigation. Roll call on Councilman Maddox's motion. Adopted. Yeas - 4 Nays - 0 Councilman Levine noted that it was his suggestion originally to go to the Ramsey County Bar Association but after listening to agruments against his proposal he was convinced it would be more advantageous to get someone away from the immediate / area. Council President Hozza arrived at this point in the meeting. Councilman Maddox moved that the roll call on C.F. 273021 be reconsidered. Adopted. Yeas - 4 Nays - 0 C.E. No. 273021. (See previous entry) Reconsidered roll call on the resolution. Adopted. Yeas - 5 Nays - 0 Council President Hozza left the meeting at this time. C.F. No. 272919. FINAL ADOPTION. ORD. NO. 16528. An ordinance amending Chapter 353.02 of the Legislative Code pertaining to firewood sold in grocery stores. (License requirement) Adopted. Yeas - 4 Nays - 0 C.E. No. 272920. FINAL ADOPTION. ORD. N0. 16529. An ordinance granting permission to the State of Minnesota to construct, operate, and maintain chilled water lines under Wabasha St. connecting the State Capitol Building and the State Office Building. Adopted. Yeas - 4 Nays - 0 C.F. No. 272921. FINAL ADOPTION. ORD. N0. 16530. An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning and rezoning property located on the north side of Ames Avenue between Hazelwood and Kingsford, aka 1599 Ames Avenue. Adopted. Yeas - 4 Nays - 0 C.F. No. 272922. FINAL ADOPTION. ORD. NO. 16531. An ordinance amending Chapter 328.03 of .the Legislative Code relating to trapping. Adopted. Yeas - 4 Nays - 0 C.F. No. 272946. THIRD READING. An ordinance amending Ord. No. 7502 pertaining to the City Market Revolving Fund AND establishing a parking fund for use in maintenance operation, repair and improvement to City owned parking facilities. Laid over to May 31st for Final Adoption. Claim of Elena T. D'Zuro, 578 Forest St., Apt. X12, St. Paul, Minnesota, filed on May 21, 1979, was read. Referred to the City Attorney's Office. 57583 . \ May 24th; 1979.> Claim of Harry Erickson, 687 Como Avenue, St. Paul, Minnesota, filed on May 22, 1979, was read.; Referred to the City Attorney's Office. Claim of Eugene Glanz by Attorney -Gerald E. Frisch, 2350 West Seventh Street, St. Paul, Minnesota, filed on May 22, 1979, was read. Referred to the City Attorney's Office. Claim of George; Sue Williams by Attorney Jeffrey A. Hassan, Suite 830 Minnesota Bldg., St. Paul, Minnesota, filed on May 22, 1979,; was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Frances and James Finley versus the City of St. Paul. Referred to the, City Attorney. Letter of the Valuation Engineer reporting the, petition of Donald and Margery Turek for the vacation of part of Magoffin Ave. 'is'in proper form. Letter of the Valuation Engineer recommending a public hearing date of June 19, 1979 to consider a petition of the City of St. Paul for, the vacation of Lot 17, Block 1, Michel's Subdivision of Block 4, Stinson's Division. Councilwoman Showalter moved approval of, the recommendation. Adopted. Yeas - 4 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date of July 3, 1979 to consider the petition of N.S.P. for the vacation of an alley in Block 4, Snelling Parka Councilwoman Showalter moved approval of the recommendation. Adopted. Yeas 4 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date of July 3, 1979 to consider the petition of the Summit State Bank of Phalen Park and Marjorie E. Hutchinson for the vacation of part of an alley between Block 4, Nilssons and Subdivision and Block 4, Hendricks Acre Lots No. 2. Councilman Maddox moved approval of the recommendation. Adopted. Yeas 4 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date of July 3, 1979 to consider the petition of Eleanor C. Lyons, et al for the vacation of an alley in Block 14, Kittson's Addition. Councilwoman Showalter moved approval of the recommendation. Adopted. Yeas - 4 Nays - 0 Administrative Orders: D 4909 - Payment of $50.76 from the Workers' Compensation Account to Joan Messina, Dept. of Police employee. D 4910 - Addition of $950.00 to seal the exterior walls of the Orchard Recreation Center Project. D 4911 - Addition of $7,300.00 for items as listed to the City Hall Annex Phase I Project. D 4912 - Remittance of $398.79 to Sharon Stewart in reimbursement for travel expenses for a trip to Washington, D.C. in her capacity as coordinator for the Work Equity Project. D 4913 - Payment of $418.00 from the Workers' Compensation Account to James H. Taylor, Dept. of Public Works employee. D 4914 - Payment of $6,300.00 from the Workers' Compensation Account to Kenneth Smart, Dept. of Community Services employee. C.F. No. 273022. Resolution approving the Civil Service Rules AND the compilation into booklet form. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273023. Resolution amending the Civil Service Rules by inserting the title Workers' Compensation Clerk in Section 6, Grade 19 under the heading "Clerical Group" AND inserting its specifications in Section 49. (Second Reading and Adoption) Adopted. Yeas - 4 Nays 0 C.F. No. 273024. Resolution amending the Civil Service Rules by inserting the title Disbursement Auditing Clerk -Schools in Section .6, Grade 30, under the heading "Clerical" Group AND inserting its specifications in Section 49. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 May 24, 1979. C.F. No. 273025. Resolution amending the Civil Service Rules by striking the present specifications and inserting new specifications for Technician II level positions as listed. (Second Reading and Adoption) Yeas - 4 Nays 0 Adopted. C.F. No. 273026. Resolution amending the Civil Service Rules by striking the title Watchman I from Section 6, Grade 13 under the heading "Attendance and Inspectional" Group and substituting in lieu thereof the title of Security officer AND striking the specifications for the title Watchman I from Section 49 and inserting in proper alphabetical order the specifications for Security Officer. (Second Reading and Adoption.) Nays - 0 Adopted. Yeas - 4 C.E. No. 273027. Resolution amending the Salary Plan and Rates of Compensation Resolution to increase the rates of pay for Life Guard, Life Guard (Indoor Pool) and Water Safety Instructor as they appear in Section IIB. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273028. Resolution amending the Salary Plan and Rates of Compensation Resolution to increase the rates of pay for Recreation Aide and Recreation Leader I as they appear in Section IIB. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273029. Resolution amending the Salary Plan and Rates of Compensation Resolution to increase the rates of pay for Senior Pool Attendant and Swimming Pool Supervisor as they appear in Section IIB. (Second Reading and Adoption) Adopted. Yeas - 4 Nays- 0 Resolution approving terms and conditions of the 1978-1980 Labor Agreement between the City of St. Paul and ISD #625 and the International Association off Machinists and Aerospace Workers District Lodge 477. (First Reading; Employment he period July 1, 1978 thru July 30, 1981.) Laid over to May 31st for Second Reading and Adoption. C.F. No. 273030. Resolution amending the 1979 Budget and transferring amounts as listed from Departments as listed to fund 1979 salary needs. (Finance Committee recommends approval) Adopted. Yeas - 4 Nays - 0 C.F. No. 273031. Resolution amending the 1979 Budget and transferring $60,000 from Contingent Reserve - General to Dept. of Community Services - Transfer or Contribution to Special Fund for Mississippi River Corridor Project; involves Metro Council and other grants in the amount of $767,500. Adopted. Yeas - 4 Nays - 0 C.E. No. 273032. Resolution approving the appointment of James Kirk to the Board of Zoning Appeals to fill the unexpired term originally held by Betty Zachary until November 1, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273033. Resolution accepting an Urban Development Action grant for Brown and Bigelow and authorizing the execution of the grant agreement. Adopted. Yeas - 4 Nays - 0 C.F. No. 273034. Resolution granting renewal of Sunday On Sale Liquor Licenses to Kellyb Pub at 11 W. 10th Street and O'Gara Bar and Grill, Inc. at 164 No. Snelling Avenue AND granting new Sunday On Sale Liquor License to J.B., Inc. at 193 So. Robert St. Adopted. Yeas - 4 Nays - 0 C.F. No. 273035. Resolution recommending to the Executive Council of the State Dept: of Economic Development that a loan to the University Ave. Development Corp. for a restaurant to be known as Engine House No. 5 be approved. (Laid over from May 22, 1979) Adopted. Yeas - 4 Nays - 0 C.F. No. 273037. Resolution granting Temporary On Sale Malt Beverage Licenses to St. Luke's Catholic Church and to Christ of the Andies Mission. Adopted. Yeas - 4 Nays - 0 C.F. No. 273038. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273039. Resolution requesting additional grant funds from the Metropolitan Council for Metropolitan Land Planning Act. Adopted. Yeas - 4 Nays - 0 C.F. No. 273040. Resolution approving payment of $250.00 to Robert Cierzan from the Tort Liability Fund in settlement of his claim. / Adopted. Yeas - 4 Nays - 0 C.F. No. 273041. Resolution authorizing execution of agreement with United States Dept. of Commerce for payment to the City of St. Paul Fire Dept. of $250.00 for each investigative report involving fires related to Thermal Home Insulation. Adopted. Yeas - 4 Nays - 0 C.F. No. 273042. Resolution approving the plat of Barclay Estates. Adopted. Yeas - 4 Nays - 0 C.F. No. 273043. Resolution authorizing an agreement with Burlington Northern, Inc. to provide reimbursement to said company in the estimated amount of $8,975.00. Adopted. Yeas - 4 Nays - 0 Councilman Maddox moved that the meeting be Adopted. Yeas - 4 1100 Copies sent to Councilmen -T/ // 77 Minutes approved by Council/a-'/7 57585 May 24th, 1979. C.E. No. 273036. Resolution granting the transfer of Sunday On Sale Liquor Licenses AND Restaurant and other licenses from J. J. White, Inc. and Blarney, Inc. at 719 N. Dale St. to Blarney, Inc. and J. J. White, Inc. at the same address. Adopted. Yeas - 4 Nays - 0 C.F. No. 273037. Resolution granting Temporary On Sale Malt Beverage Licenses to St. Luke's Catholic Church and to Christ of the Andies Mission. Adopted. Yeas - 4 Nays - 0 C.F. No. 273038. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273039. Resolution requesting additional grant funds from the Metropolitan Council for Metropolitan Land Planning Act. Adopted. Yeas - 4 Nays - 0 C.F. No. 273040. Resolution approving payment of $250.00 to Robert Cierzan from the Tort Liability Fund in settlement of his claim. / Adopted. Yeas - 4 Nays - 0 C.F. No. 273041. Resolution authorizing execution of agreement with United States Dept. of Commerce for payment to the City of St. Paul Fire Dept. of $250.00 for each investigative report involving fires related to Thermal Home Insulation. Adopted. Yeas - 4 Nays - 0 C.F. No. 273042. Resolution approving the plat of Barclay Estates. Adopted. Yeas - 4 Nays - 0 C.F. No. 273043. Resolution authorizing an agreement with Burlington Northern, Inc. to provide reimbursement to said company in the estimated amount of $8,975.00. Adopted. Yeas - 4 Nays - 0 Councilman Maddox moved that the meeting be Adopted. Yeas - 4 1100 Copies sent to Councilmen -T/ // 77 Minutes approved by Council/a-'/7 1 57586. MINUTES OF THE COUNCIL \ 10:00 A.M. ` May 29th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:04 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Vice President Tedesco ... 6 Absent - Council President Hozza...I Hearing was held on the petition of the Metropolitan Transit Commission for the vacation of part of Railway Place between Montgomery St. and a point 360 feet west of Cleveland Avenue. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. Mr. Newcombe, attorney representing Minnesota Transfer, said they own property immediately to the west and do not object to this petition but want to notify the city that they will petition for the vacation of Railway Place that abuts their property. James Donough, representing U.S.Bedding, said they also abut Railway Place to the west and object to this vacation because they might desire access in the future. Councilwoman Butler said the Public Works Committee heard this matter three times and there were no objections registered and on that basis recommended approval of the petition. Councilwoman Butler moved that the petition be approved subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that Councilman Hozza be excused from todays Council Meeting. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of Modular Homes of Minnesota, Inc. for the vacation of Barclay Street from Burns Avenue to McLean Avenue. No one appeared in objection. roved subject to the terms \ Councilwoman Butler moved that the petition be app sub"7 and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing on the petition of Minnesota Mining and Manufacturing Company and others for the vacation of certain air rights in Reaney Avenue between Mendota and Forest Streets. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. At the question of Councilwoman Hunt, Mr. Eggum of the Valuation Engineers Office explained the proposal to vacate a two foot four inch strip projected over the sidewalk and sixty feet above ground level. Councilwoman Butler moved that the petition be approved subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing on the petition of the City of St. Paul and Independent School District No. 625 for the vacation of portions of Sheridan Avenue between Sue Street and Edgcumbe Road. At the question of Councilwoman Butler, Mr. Eggum said no compensation is recommended because it is basically a Parks Department proposal. No one appeared. Councilwoman Butler moved that the petition be approved subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing to consider the inclusion of the relocation of the Industrial Steel Container Corporation into the Community Development Year IV Program. No one appeared. Councilman Maddox moved approval of the proposal. Adopted. Yeas - 6 Nays - 0 FINAL ORDER. 10 In the matter of grading and paving and constructing concrete curb and gutter AND storm sewer in California Avenue from Payne Avenue to Parkway Drive, under P.O. 272868. (Laid over to June 26th - See discussion below) FINAL ORDER. In the matter of constructing a sanitary sewer in California Avenue from Payne Avenue to Greenbrier St., under P.O. 272869. (Laid over to June 26th - See note below) FINAL ORDER. In the matter of constructing water main and water service connections in California Avenue from Payne Avenue to Parkway Drive, under P.O. 272870. (Laid over to June 26th - See note below) FINAL ORDER. In the matter of condemning and taking an easement for slopes, cuts and fills in connection with the improvement of California Avenue from Payne Avenue to Parkway Drive, under P.O. 272871. Mr. Joe Mateyka, 1054 E. Sixth Street and representing Mary Hegner, owner of Lot 14 involved, said they question why one portions of the street was not petitioned for improvement and he said that Ms. Hegner is 85 years old and cannot afford the improvement. Councilwoman Butler moved that the orders be referred to the Public Works Committee and laid over four weeks to June 26th. Mr. Greg Becket, engineering consultant for Clapp Thommsen Company, said they have entered into a purchase agreement with the cemetery property which is contingent upon the improvement of California Avenue. He said Clapp Thommsen agreed to pay a $9,000 assessment on Larpenteur Avenue and will develop the property into 20 lots and he thinks the improvement is good for St. Paul and will provide single family housing. Roll call on Councilwoman Butler's motion to refer the four final orders to the Public Works Committee and continue the matters until June 26th, 1979. Adopted. Yeas - 6 Nays - 0 C.E. No. 273044. FINAL ORDER. In the matter of constructing the Fry -Sherburne Storm Relief Sewer System, under P.O. 272872. A man said he owns property at 709 Fry and he questioned the reason for this \ .improvement and Mr. Kuhfeld of the Public Works Department explained the backup problem in the general area. Mr. Bloomer, 1623 Van Buren, asked about regrading of streets and it was reported that the policy is to replace the streets to the original or better than the condition they were in. A resident at 1644 Edmund explained the experience he had with backups during 1978. Mr. Diehn, 1644 Lafond, said they need help at Fry and Thomas because of backup problems but his main concern is receiving value for the amount of assessment paid. Councilwoman Butler moved approval of the order. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the rules be suspended to hear from a person who is asked to explain a resolution adopted last Thursday and to consider an ordinance not on the agenda. After some discussion it was agreed that the ordinance should be placed on the next City Council agenda. Councilman Maddox moved that the discussion on the possible rehabilitation of property at 1037 Dayton Avenue owned by Mr. Battle be laid over until Thursday, May 31st. Councilwoman Hunt said she has grave reservations about supporting the proposal in view of the comments of Councilman Hozza regarding his testimony to the courts about the Council's policy not to entertain rehabilitation of buildings once the court has acted. Councilwoman Butler moved that Councilman Hozza put his concerns in writing to the City Council. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco asked if the building is insured and Mr. Byrne, Assistant City Attorney, said Mr. Battle has not made contact with Mr. Bowser of the City Attorney's Office since the matter was last discussed. At the question of the Council, Mr. Blue of the Housing Code Division said Mr. Battle had not made contact with the Building'Department since the last time the matter was discussed. Councilwoman Butler said the bottom line is to save dwelling units at any time. (Discussion continued to the following page). May 29th, 1979. (Discussion continued from the previous page). At the question of Councilman Tedesco, Mr.,,Byrne said the city is in a serious situation concerning liability. at the City Attorney contact Mr. Battle and tell Councilwoman Butler suggested th him that Thursday is the last day for a determination. Councilman Maddox asked that his motion to lay the matter over until Thursday also contain a provision that the City Attorney attempt to contact Mr. Battle. Roll call on the motion. Yeas - 3 (Butler, Levine, Maddox) _ I I-- cH., l t—y _ Tedesco) Motion failed of adoption. Councilman Levine said Mr. Battle called him also this morning and stated that he tried to call Mr. Starr and Mr. Bowser but they could not be reached and then apparently he called Councilman Tedesco requesting a delay. process of Mr. McIntosh spoke in favor of a delay and said Mr. Battle is in the a making the necessary applications. Councilman Tedesco said he will agree to continue the matter to Thursday and he asked that he be allowed to change his vote on the motion to yes and there was no objection. Ma 31st. Roll call on the motion to continueas e the matter until ThursdCHun MAL-list. Adopted. C.F. No. 272988. SECOND READING. An ordinance amending Section 154.01 of the Legislative Code and rates of fare for taxicabs within the City of St. Paul. Laid over to May 31st for Third Reading. An emergency ordinance amending Section 154.01 of the Legislative Code and rates of fare for taxicabs within the City of St. Paul. At the question of Councilwoman Butler, Councilman Maddox explained the reason for an emergency ordinance and Councilwoman Butler stated that she will not support an emergency ordinance. the emergency ordinance be placed on the next agenda Councilman Maddox asked that for consideration. C.F. No. 273045. FIRST READING. An ordinance amending Chapter 25 of the St. Paul Administrative Code providing for the prohibition of gifts to city officers and employees. Councilwoman Showalter explained that the ordinance was drafted because of the state fair matters and Councilman Maddox moved that the ordinance be referred to the Rules and Policy Committee.ited to appear when the \ Councilwoman Hunt suggested that employees groups be inv hearing is determined. the efer the ordinance toNays Rules Adopted. and Policy Committ Roll call on the motion to ree. Yeas - 6 Councilman Maddox left the meeting at this point. Letter of the Chairman of the City Development and Transportation Committee transmitting committee recommendations with regard to the condition of the City Market. Councilman Levine moved that theCouncil concur in the -c0 ittee recommendations. Adopted. Letter of the Chairman of the City Development and Transportation Committee transmitting committee recommendations in regard to the Hanover tenants problems. Councilman Levine moved that this matter be laid over until Mr. Milsap has had time to study the matter and he said he will notify the City Council when the matter is again ready for disc s sion. Nays - 0 Adopted. is point and returned later in the meeting. Councilman Tedesco left the meeting at th Claim of Willie P. Cooley, Jr., 331 Webster St., St. Paul, Minnesota, filed on May 23, 1979, was read. Referred to the City Attorney's Office. Claim of Louis Lavoie o y Attorney ne Edwa d Galbraith,d on May 22oo Builders Exchange, 609 Second Avenue South, Minneap , Referred to the City Attorney's Office. Summons and Complaint in the matter of the Pleasant Hill Care Center, Inc. versus the City of St. Paul. Referred to the City Attorney. 57589. May 29th, 2979. Notice of Hearing from the State Commissioner of Health on proposed amendments to rules relating to food, beverage and lodging establishments, to license fees to clean indoor air and to swimming pools. Filed. Petition to rezone property at 96 N. Dale St. from RM -2 to B-2. Referred to the Finance Department for check as to sufficiency. Administrative Orders: D 4915 - $1,113.00 addition to the contract for the Child Development Center at 586 Fuller Ave. Resolution granting the petition of Olympia Brewing Co., et al, for the vacation of part of Reaney Ave., Greenbrier St. and parts of the alley in Evans Addition. (Laid over from May 17 and 22, 1979) Councilwoman Hunt moved that the resolution be laid over to Thursday, May 31st. Adopted. Yeas - 4 Nays - 0 C.F. No. 273046. Resolution authorizing a Special Primary Election for June 5 AND a Special Election for June 19, 1979 to fill the vacancy in Legislative District #67A. Adopted. Yeas - 4 Nays - 0 C.F. No. 273047. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273048. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273049. Resolution granting license to Johnson Auto Livery, Inc. to operate two motor vehicles as auto liveries. Adopted. Yeas - 4 Nays - 0 C.F. No. 273050. Resolution granting license to Daniel French, dba City Wide Cab, to operate one taxi- cab. Adopted. Yeas - 4 Nays - 0 C.F. No. 273051. Preliminary Order for the improving of Summit Ave. between Syndicate and Griggs St. AND setting date of public hearing for June 26, 1979. \ Adopted. Yeas - 4 Nays - 0 C.F. No. 273052. Preliminary Order for improving Emerald St. from I.S. 94 Frontage Rd. to University Ave. AND setting date of public hearing for June 26, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273053. Resolution approving assessment in the condemnation and taking of an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the north -south alley in Block 2, Como Addition AND setting date of public hearing for June 26, 1979. (P.O. 272546) Adopted. Yeas - 4 Nays - 0 C.F. No. 273054. Resolution approving assessment in the condemnation and taking an easement in the land necessary for slopes, cuts and fills occasioned by the construction of new sidewalk on both sides of Hazel St. from E. Nebraska Ave. to E. Montana Ave. AND setting date of public hearing for June 26, 1979. (P.O. 272585) Adopted. Yeas - 4 Nays - 0 C.F. No. 273055. Resolution authorizing execution of a grant application to aid in financing the St. Anthony Hill Sewer Rehabilitation Project. (St. Albans Sewer Tunnel and St. Albans Open Cut Sewer System phases) Adopted. Yeas - 4 Nays - 0 Mr. Walt Bloomer, 1623 Van Buren, appeared and referred to rubbish and trash accumulated at the rear of properties at 1595 and 1607 Van Buren and it was agreed that the matter should be investigated by the proper city department. 57590. v 4 May 29th, 1979. Councilman Tedesco returned to the meeting at•this Point- C.F. No. 273056•ranting the petition of the City of St. Paul for the vacation of Resolution g Block 30, West St- Paul Real Estate and Improvement parts of Lots.3 and 4, Syndicate Addition No. 2• yeas - 5 Nays - 0 Adopted. r.nuncilwoman Hunt moved that the meeting be adjourned.Nays 0 Copies sent to Councilmen ('4/6 Y Minutes approved by Council 57591. MINUTES OF THE COUNCIL 9:00 A.M. May 30th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:10 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza ... 6 Absent •- Councilwoman Butler...1 Bingo Application - North End Youth Hockey Association, 1079 Rice Street, 52 periods. (William Johnson, President, and A. Ed Amaro, Manager, notified to attend). Councilman Levine moved that the application be approved. Adopted. Yeas - 6 Nays - 0 Bingo Application - Disabled American Veterans, St. Paul Chapter, Inc., 1060 University Avenue, 52 Periods. (John Dossey, Commander, and Lee R. Walker, Manager, notified to attend). Councilman Levine moved that the application be approved. Adopted. Yeas - 6 Nays - 0 Change of officers and stockholders in B.A.T., Inc., On Sale Liquor Licensee at 755 Jackson Street, doing business as Bowie's Bar. (No one notified to attend). Councilman Maddox moved that the application be approved and the following resolution was submitted. C.F. No. 273057. officers and stockholders in B.A.T., Inc., holder o Resolution approving change of On Sale Liquor License at 755 Jackson Street. Adopted. Yeas - 6 Nays - 0 Application for the transfer of the On Sale Liquor License issued to the Date Corporation at 901-3 Payne Ave., doing business as Charlie's Bar, to Mildred 0. \\ Bungert at the same address. (Mildred 0. Bungert notified to attend). Councilwoman Showalter moved that the application be approved and the following resolution was submitted. C.F. No. 273058. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Tavern and Cigarette Licenses from the Date Corporation at 901-3 Payne Avenue to Mildred 0. Bungert at the same address. Adopted. Yeas - 6 Nays - 0 Public Hearing on Class C1 -Restaurant, On and Off Sale Malt Beverage and Cigarette Licenses issued to Elijah Barker at 628 Selby Avenue. (Recommended for suspension by the License and Permit Division. Council President Hozza asked if Mr. Barker or his attorney were present and no one appeared. Mr. Garvey, Assistant City Attorney, reviewed the basis for the recommendation for suspension and said Mr. Barker was notified by certified mail and registered mail with no response. proceed to put evidence into Mr. Byrne, Assistant City Attorney, said the Council can p P the record and consider the matter or they could continue the matter and renotify the parties involved. Mr. Carchedi, License Inspector, was sworn in and answered questions of,Mr. Garvey he question of Councilman Maddox, concerning the notice given to the Licensee. At t Mr. Carchedi said the same License was suspended about two years ago and he explained why suspension is being recommended today. estions of Garvey concerning an incident at Officer Havel was sworn in and answered qu the location involved on March 14th, 1979. At the question of Councilman Maddox, officer Havel said there were other calls to the bar concerning fights and assaults and he is aware of Police reports on after hours operation. (Discussion continued to the following page). , May 30th, 1979. (Discussion continued from the previous page). questions of Mr. Garvey Sergeant Warren Bostrom was sworn in and answered a narcotics search and concerning the March 14th, 1979 incident involving rs operations. he answered questions of Councilman previously suspended onnNovember 13th, 1977 and Mr. Carchedi said the License was p owner new he said if it is revoked it might result in an for a i meofatime but if suspend e they will have to close the business op Councilman Hozza suggested that the hearing be opportunity tedbe heard week and that be continued for one week to June 6, 1979. Mr. Barker be renotified and be given an opp Councilman Maddox moved that thehearing Nays - 0 Adopted. Mrs. Harrison appeared and expressed concern that she was not notified 'that the Grand Ave. was withdrawn application of Heine's to establish aaLiqu this Licensematton and she has heard nothing publicity was given to the fact that It was noted r. that a considerable amount of p Y the application had been withdrawn and that the matter would not be heard today. ant Bostrom about the number of after hours operations Councilman Maddox asked Sergeguess there would be about three-ror_four in St. Paul and Mr. Bostrom said he would g after hours operations within the city. Councilman Maddox moved that Yeasmee6ing be adjourned. Adopted.. ATTEST: D City erk. Copies sent to Councilmen /% 9 Minutes approved by Council C.F. No. 272946. FINAL ADOPTION. ORD. NO. 16532. An ordinance amending Ordinance No. 7502 pertaining to the City Market Revolving Fund and establishing a parking fund for use in maintenance operation, repair and improvement to city owned parking facilities. Adopted. Yeas - 7 Nays - 0 C.F. No. 272988. THIRD READING. An ordinance amending Section 154.01 of the Legislative Code and rates of fare for taxicabs within the City of St. Paul. Laid over to June 7th for Final Adoption._ An emergency ordinance amending Section 154.01 of the Legislative Code and rates of fare for taxicabs within the City of St. Paul. Roll call on adoption of the ordinance. Yeas - 4 (Levine, Maddox „ Showalter, Tedesco) Nays - 3 (Butler, Hunt, Hozza) Ordinance failed of adoption. Councilwoman Hunt said she voted no on the basis that there have been no facts submitted to qualify this measure as an emergency ordinance. Councilwoman Butler said she made similar statements on Tuesday that she did not feel the matter qualifies for an emergency ordinance. Councilman Maddox said he thinks the facts were presented at the time of considera- tion by the License Committee and he was convinced that it was an emergency. C.F. No. 273059. FIRST READING. An ordinance amending Chapter 308.23 (3) of the St. Paul Legislative Code relating to the minimum age of persons permitted in intoxicating liquor establish- \ ments. Laid over to June 7th for S econd Reading._ C.F. No. 273060. FIRST READING. An ordinance amending Chapter 82 of the Legislative Code to provide for a limitation of requirements for the paying of the pmvailing wage rate to contracts over $5,000. Councilwoman Butler moved that.this ordinance and the following ordinance be referred to committee. Councilman Hozza explained the reason for these ordinances and said the present ordinance concerning prevailing rates is being ignored because there is not an enforcement clause. Councilwoman Butler stressed the need for a complete discussion concerning prevailing wages and Councilman Maddox suggested consideration by the committee of the whole. The ordinance was ordered referred to the Finance, Management and Personnel Committee. C.F. No. 273061. FIRST READING. An ordinance amending Chapter 5 of the Administrative Code to vest the purchasing agent with the duty to outline occupations and prevailing wages in contract specifications and further providing for the purchasing agent to negotiate with the County of Ramsey for the purpose of entering into a joint powers contract for the enforcement of the paying of prevailing wages. The ordinance was ordered referred to the Finance, Management and Personnel Committee. ommittee recommending approval of the Street and Report of the Public Works C Highway Plan as amended. Councilwoman Butler said a resolution has been'prepared approving the Street and Highway Plan as amended but she feels there is need for a public hearing and she (Discussion continued to the following page).' (Discussion continued from the previous page). moved that the resolution be considered after a public hearing on June 21st. Adopted. Yeas - 7 Nays - 0 Claim of Dean R. Pankonien, 2825 Marion, St. Paul, Minnesota, filed on May 25, 1979, was read. Referred to the City Attorney's Office. Claim of Patrick Wirtz by Attorney L. Charles Petersen, 871 E. 77th Street, St. Paul, Minnesota, filed on May 29, 1979, was read. Referred to the City Attorney's Office. Claim of Mike Joyce by Attorney Sharon W. Rushton, 325 Cedar St., St. Paul, Minnesota, filed on May 29, 1979, was read. Referred to the City Attorney's Office. Claim of Joan F. Thompson, 939 Fuller Avenue, St. Paul, Minnesota, filed on May 29, 1979, was read. Referred to the City Attorney's Office. Report of the Public Works Department on a petition submitted by Cynthia A. Urman at 2367 Pearl Street requesting that her private house sewer connection be taken over as a public sewer. Referred to the Public Works Committee. Letter of Laurence J. Jung, City Planner, transmitting recommendations of the St. Paul Board of Zoning Appeals pertaining to certain zoning boundary corrections to Zoning Maps 27 and 28. Mr. Jung appeared and said an error was found in the zoning map and the Board of Zoning Appeals has recommended approval of the changes. After some discussion Councilwoman Butler moved that a hearing date be set to consider this matter with notices to property owners within 350 feet and to the District Council Representatives involved. Adopted. Yeas - 7 Nays - 0 Petition to rezone part of Lot 22 and all of Lot 21, Block 1, Summit Park Addn. from an RM classification to OS -1 district. Referred to the Finance Department for check as to sufficiency. Letter of Ray Koehnen appealing a summary abatement order with respect to property at 521 Whitall. Councilman Maddox moved that a date of hearing be set for June 21st.• Adopted. Yeas - 7 Nays - 0 Administrative Orders: \ D 4916 - Reimbursement to John Vanella (Greater East Side Community Council) and Ralph Brown (West Side Citizens Organization) to the National Conference on Neighborhood Councils to be held in Wichita, Kansas. D 4917 - Payment of $83.60 from the Workers' Compensation Account to Richard Gabriel, Water Department employee. D 4918 - Payment of $376.20 from the Workers' Compensation Account to Thomas Corcoran, Department of Public Works employee. D 4919 - Payment of $365.72 from the Workers' Compensation Account to Howard Simpson, Department of Community Services employee. D 4920 - Payment of $125.40 from the Workers' Compensation Account to Jerry Bell, Department of Community Services employee. D 4921 - Payment of $802.39 to Richard Harvieux, Fire Department employee, as an Award on Stipulation of the Minnesota Workers' Compensation Division and payment of $33.30 to the law firm of Abrams and Spector and $200.00 to Dr. Robert A. Wengler all as part of the proceeding. D 4922 - $1,590.38 additions for items as listed for the new courtrooms on the 16th Floor, Ramsey County Courthouse. C.F. No. 273062. Resolution approving terms and conditions of the 1978-1980 Labor Agreement between the City of St. Paul and ISD #625 and the International Association of Machinists and Aerospace Workers District Lodge #77, employment for the period July 1, 1978 thru July 30, 1981. (Second Reading and Adoption) Adopted. Yeas - 7 Nays - 0 C.F. No. 273063. Resolution granting the petition of Olympia Brewing Co., et al, for the vacation of part of Reaney Ave., Greenbrier St. and parts of the alley in Evans Addition. (Laid over from May 17, 22, and 29, 1979.) Adopted. Yeas - 5 Nays - 2 (Levine, Tedesco) 57595 May 31st, 1979. Councilwoman Butler moved that the rules be suspended to consider two resolutions not on the agenda. Adopted. Yeas - 7 Nays - 0 C.F. No. 273064. Resolution granting the petition of Modular Homes of Minnesota, Inc. for the vacation of Barclay Street between Burns Avenue and McLean Avenue. Adopted. Yeas - 7 Nays - 0 C.F. No. 273065. Resolution granting the petition of Minnesota Mining and Manufacturing Company and others for the vacation of air rights over a portion of Reaney Avenue. Adopted. Yeas - 7 Nays - 0 C.F. No. 273066. Resolution accepting the CD Block Grant for Year V and authorizing grant agreement and contract between City and IiUD. Adopted. Yeas - 7 Nays - 0 C.F. No. 273067. Resolution granting various licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273068. Resolution granting various licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273069. Resolution granting transfer of Beauty Shop License from Marcine McDonough at 1590 University Avenue to Mary Ann Gersbach at the same address. Adopted. Yeas - 7 Nays - 0 C.F. No. 273070. Resolution granting Drive -In Restaurant license to Lo Dan, Inc. at 1354 E. Maryland Ave. Adopted. Yeas - 7 Nays - 0 C.F. No. 273071. Resolution granting Bingo Games license to Women of the Moose, St. Paul Chapter No. 70 AND to Johnson Area Hockey Assn. Adopted. Yeas - 7 Nays - 0 C.F. No. 273072. Resolution approving change of service area for J. B., Inc. dba Mayor T. R. Potts Public Eating and Drinking Establishment and holder of On -Sale Liquor license at 193 S. Robert. Adopted. Yeas - 7 Nays - 0 Hearing was again held to consider the advisability and necessity of ordering the correction or wrecking and removal of a structure at 739 University Avenue. Mr. Tom Strohkirch of the Building Department circulated pictures of the property and said they recommend that the Council proceed with condemnation. No one appeared and it was noted that notification to the owner was given. Councilman Maddox moved that the Council proceed with condemnation. Adopted. Yeas - 7 Nays - 0 C.F. No. 273073. Resolution requesting the Mayor appoint up to 11 persons to serve on the 1979 Citizens' Budget Advisory Committee AND directing the Mayor's Proposed Budget for 1980 be available on August 14, 1979 to all recognized district councils AND authorizing the Council to schedule a series of evening Finance Committee meetings with the Citizens' Budget Advisory Committee. Councilwoman Butler referred to a request to appoint a CIB Committee member to this committee and at the question of Councilwoman Hunt, Ms. Diane Lynch from the Chamber of Commerce explained that she checked with several district councils concerning their interest in representation. Councilwoman Hunt said she has no objection to having the district councils represented and Councilman Maddox suggested that the committee be increased from 11 to 15 members with each Councilman having one appointment. He said it was not his intention originally to have each district council represented and there should be more labor and business representation. Councilman Maddox moved that the resolution be amended to increase the committee to 15 members with seven members appointed by Council Members. (Discussion continued to the following page). (Discussion continued from the previous page). Councilman Hozza said he opposes the amendment andthere is a process not bet or down appointment through the Mayors Office and app ointments to categories. Councilwoman Butler and Councilwoman Hunt said they agree to a committee of 11 and suggested the Council President ask the Mayor to appoint a representative from the CIB Committee. end the resolution to increase the membership to Roll call on the motion to am 15. Yeas - 1 (Maddox) Nays - 6 Motion failed of adoption. appoint a CIB Committee member Councilman Hozza said he will ask the Mayor to app to this committee and will also ask him to contact Council people for input. Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. Discussion on possible rehabilitation of a building at 1037 Dayton Avenue owned by Mr. Battle. Councilman Hozza reviewed his discussion with a District Court Judge concerning condemnation policies and said he was informed that the court would be reluctant to issue condemnation orders if the city is going to ignor them. Councilwoman Butler said the court has not taken into consideration that a competent developer is willing to rehabilitate property for much needed housing. Mr. Starr, City Attorney, said Mr. Battle met with Mr. Bowser of the City Attorney's Office and discussed the court order containing several conditions and Mr. Battle has been given.a copy of the order and a sample holdharmless agreement and his insurance agent has indicated that there is insurance covering the property in the amount of $1,000,000. requested and the Council must stay Mr. Battle said he has the insurance policy req the wrecking before permits can be obtained and he referred to needed housing in the community. At the question of Councilwoman Butler, Mr. Battle said he has hired an architect who is working on a plan and they need another 8 to 10 days and their financing is secure. He said he has not started a zoning process but he intends to do so. \ At the question of Councilwoman Hunt, Mr. Starr explained the zoning matter. that was previously denied. Councilman Tedesco said he would have no problem if the property is properly insured. Mr. Starr said part 4 of the court order requires surveillance and an inspection shows that there are some openings in the building. He said the agreement on holdharmless was delivered to Mr. Battle but has not been returned. At the question of Councilwoman Butler, Mr. Battle said he sees no problem with any of the conditions involved. Councilwoman Hunt said she doesn't object to proceeding if the property is insured but she does not intend to make an indication on the zoning if it does not meet with the approval of District 8. Councilman Maddox said he thinks there should be time allowed to accomplish the proposal of Mr. Battle. oesn't think the neighborhood would oppose a reduction Councilman Tedesco said he d in the number of units. Councilman Levine said a policy cannot cast in usingte and back inhthe arealandahees that must be given consideration in ordeerr to put housing has no problem with supporting the proposal. Councilwoman Butler said she thinks time should be allowed to accomplish everything but the rezoning which would take a long period of time. Mr. Starr said proof of insurance should be filed with the City and he suggested the city accept nothing less than a certificate of insurance. CouI ilwoman,Hunt moved that the matter be laid over until the next Council Meeting present a certificate of insurance and a holdharmless to allow Mr. Battle:tb agreement. yeas - 6 Nays - 1 (Hozza) Adopted. Mr. Charles Van Avery appeared and said he is proposing to purchase Midway Stadium from the city to be operated as a stadium indefinitely and to be purchased with private money. He said he would like to know the purchase price and who is selling the property. Councilman Tedes purposesaid he thinks and he thinks Iitdisyaspublic facility andkept shouldhbecity continued its primary purpose for the benefit of the youth. Councilwoman Butler said the stadium is a white elephant and she suggested that Mr. Van Avery confer with the Port Authority and may be his proposal could be considered as part of the development proposal. Councilman Maddox said the Council should have been informed of the Port Authority plans and a lot of questions must be answered about Midway Stadium and other sports complexes in the area. (Discussion continued to the following page). s7597 J May 31st, 1979. (Discussion continued from the previous page). Councilwoman Hunt referred to the proposal of the Port Authority which would be a benefit to the area and which should be given discussion and consideration. Councilwoman Showalter said she understands the stadium gets heavy use and she agrees with the comments of Councilman Tedesco. Councilman Hozza suggested that Mr. Van Avery talk with the Port Authority Staff and he noted that the ultimate decision will be made by'the City Council.. He suggested a briefing by the Port Authority, Parks Department, PED, the Mayor and the City Attorney concerning the proposal. Councilman Maddox said he agrees to such a briefing and Councilwoman Butler said the Port Authority conferred with the Mayor and his staff and a study shows the area is highly desirable as industrial property to enhance the tax base. Mr. Van Avery said he would like a ninety day option to negotiate the sale of the property. Councilman Maddox moved that a briefing be scheduled before the Council on next Tuesday as suggested by the Council President. Councilman Levine said he was the last commissioner to supervisor the stadium and at that time it was close to breaking even financially. Roll call on the motion. Yeas - 7 Nays - 0 Adopted. Councilwoman Butler referred to actions of the Legislature and to items that almost passed and did pass without knowledge and input by the City Council and she asked that a meeting be scheduled with the Mayor and his staff to discuss the breakdown in the legislative process. Councilman Maddox referred to his efforts at the Legislature to get an amendment on the stadium bill and also to consider rent control of sporting facilities. Councilwoman Butler moved that the Council President proceed to set up a meeting with the Mayor and his staff to discuss the Legislative process. Adopted. Yeas - 7 Nays - 0 Councilman Hozza referred to a problem concerning enforcement of the Truth in Housing Ordinance and to the temporary suspension of a provision relating to disclosure of energy consumption. He said the provision is holding up the sale of homes and that was not the intent of the ordinance and energy companies require permission of the owners before information is released because it is covered by the privacy act. The following emergency ordinance was submitted. Councilman Tedesco moved that the rules be suspended to consider an ordinance not on the agenda. Adopted. Yeas - 7 Nays - 0 C.F. No. 273074. ORDINANCE. ORD. N0. 16533. An emergency ordinance to delete energy consumption disclosure provisions contained in Ordinance No. 16506, the Truth in Sale of Housing Ordinance, codified as Chapter 54A of the St. Paul Legislative Code. Adopted. Yeas - 7 Nays - 0 Councilman Hozza suggested that a discussion be set up one week from today concerning the special investigation on licensing and there was no opposition. MINUTES OF THE COUNCIL 10:00 A.M. June 5th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Butler, Hunt, Maddox, Showalter, Vice President Tedesco ... 5 Absent - Councilman Levine, President Hozza... 2 (Councilman Levine arrived at a point during the meeting) Councilman Maddox moved that Council President Hozza be excused from todays meeting. Adopted. Yeas - 5 Nays - 0 Councilman Levine arrived at this point in the meeting. Approval of Minutes of City Council Meetings for May 8, May 9 A.M. and P.M., May 10, and May 15, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 6 Nays - 0 C.F. No. 273075. FINAL ORDER. In the matter of constructing a storm sewer in a permanent utility easement from Winthrop Street to Gabriel Rd. extended under P.O. 272903. (See discussion and adoption below) C.F. No. 273076. FINAL ORDER. In the matter of constructing a sanitary sewer in a permanent utility easement from Winthrop St. to Gabriel Rd. extended and in Gabriel Road from the permanent utility easement to approximately 430 feet northerly under P.O. 272904. (See discussion and adoption below) C.F. No. 273077. FINAL ORDER. \ In the matter of opening, widening and extending Gabriel Road under P.O. 272905. (See discussion and adoption below) C.F. No. 273078. FINAL ORDER. In the matter of constructing a water main in a permanent utility easement from Winthrop St. to Gabriel Road and in Gabriel Rd. from the permanent utility easement to approximately 430 feet northerly under P.O. 272906. At the question of the City Council, Mr. Kuhfeld of the Public Works Department reviewed the, proposal and said the project was initiated by residents who wanted sewer and water service and the original improvement called for a more complete improvement and was opposed by many. He said the proposal today is for sewer and water in an easement with enough work on Gabriel Road to allow the connections and the work was drastically reduced from the original proposal. Kathy Henderson, 823 Gabriel Road, read a statement in opposition to any improvements on Gabriel Road. Mrs. Singer, 856 So. Winthrop, said the easement would go through their front and back yard and would destroy the landscaping and she expressed various concerns of the people on Winthrop Street. Victor Quast, 860 So. Winthrop, opposed the project as proposed and the taking of part of his property. John Beck, 837 Gabriel Road, reviewed the original proposal and said the residents in the land locked area still favor the improvement and the proposal seems to be the only practical solution to get sewer and water. At the question of Councilman Maddox, Mr. Schonberger of the Public Works Department explained the properties involved and those who are in favor and opposed to the project. Jerome Swanson said he owns a lot on Gabriel Road and has been trying to build for the last two and a half years and he supports the proposal and urges that a decision be made. At the question of Councilwoman Showalter, Mr. Eggum of the Valuation Engineerh Office said the assessment would be $34.50 per front foot. (Discussion'continued to the following page). 57599. June 5th, 1979. (Discussion continued from the previous page). Councilman Tedesco said he drove through,the District 1 area yesterday and the District Council feels it is important to improve the Highwood area. Councilman Maddox said he is still confused on whether a majority of the affected property owners favor the improvement and Councilwoman Hunt said where there are health problems involved she doesn't think the majority rule is the basis for a decision and a decision should be made on the future of the area and the costs would be higher in the future. Councilwoman Hunt moved that the public hearing be closed. Ms. Henderson made futher comments in opposition to the improvement and Ms. Singer said she still opposes the improvement because their property will be torn up. Mr. Schonberger of the Public Works Department explained that the easement area will be restored to the present condition and he said they have investigated other alternatives but this proposal seems to be the only feasible solution. Roll call on the motion to close the public hearing. Adopted. Yeas - 6 Nays - 0 Councilwoman Butler said she thinks the Public Works Department made a good presentation before the committee and the Council and the area will be developed at some point and she moved approval of the final orders involved. Councilman Tedesco pointed out that if the matter is denied today it could be brought back before the Council again and again. Councilwoman Hunt said she thinks the improvement will have to take place eventually and it should be done now. Councilman Maddox said he had some concerns but is now convinced on the need for the improvement. Roll call on adoption of the orders. Adopted. Yeas - 6 Nays - 0 C.F. No. 273078. FINAL ORDER. In the matter of improving Jackson Street between Maryland Ave. and Arlington Ave. under P.O. 272907. The owner of the auto parts business at 1336 Jackson appeared and expressed concern on a definite starting date and a definite time for construction and he said he is not opposed to the improvement but his business cannot stand a long construction period. Mr. Schonberger of the Public Works Department said they have worked out a timetable and the Mississippi Bridge was delayed because of a cement problem. He said this proposal would start next spring with the shortest possible construction period. \ Councilwoman Hunt moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273080. FINAL ORDER. In the matter of improving Benhill Road from St. Clair to Victoria under P.O. 272908. Mr. Jaeger, 28 Benhill Road, appeared in favor of the improvement and expressed concern -?gout the modern light fixtures and he urged that alternative light standar r;,- b-: investigated. Mr. Kuh.`e�.:- of the Public Works Department said the proposal was modified to refurbish some of =:he old standards on one portion of the street with new standards on the remainder of the project. Mr. Stanke of the Public Works Department further explained the proposal and said there are not a sufficient number,of old standards available but the new standards are not as described by Mr. Jaeger and resemble those used in other renewal areas throughout the city. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 6 Nays - 0 Councilman Maddox left the meeting at this point and returned later in the meeting. C.F. No. 273081. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing a public storm sewer in Upper Afton Road from Burns Avenue to Millercrest Lane, under P.O. 268021. A letter of Donald Poeschl, 1502 E. Dora Lane, was noted in opposition to the amount of the assessment to his property. Vera Lyons, 1496 Dora Lane, appeared in objection to the assessments and Mr. Eggum explained the assessment procedure used throughout the city and to the drainage area involved under this proposal. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 Councilman Maddox returned to the meeting at this point. J 57600. June 5th, 1979. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for constructing a sanitary sewer in Upper Afton Road from Millercrest Land to Kennard Court and in Millercrest Lane 400 feet south of Upper Afton Road, under P.O. 268022. Larry Hahn, 1664 Upper Afton Road, said they are paying for an assessment without any benefit and Mr. Eggum of the Valuation Engineer's Office said he will investigate that matter. Mrs. Hale, 22 Millercrest Lane, said they didn't need the sewer and object to the assessment and will protest the matter further through proper legal channels. Bernice Lowe said she has the same problem, didn't need the sewer and shouldn't be assessed for the project. Mrs. Hale said if interest was paid on the credit it would pay for her assessment. Councilwoman Butler moved that the resolution be laid over for one week, to June 12th, for further investigation and clarification by the engineers. Adopted. Yeas - 6 Nays - 0 Councilman Levine left the meeting at this point and returned later in the meeting. Councilwoman Hunt moved that the rules be suspended pertaining to the order of business. Adopted. Yeas - 5 Nays - 0 C.F. No. 273082. Resolution expressing opposition to the proposed lOfi bus fare for senior citizens. Councilman Maddox expressed support of the resolution and referred to the rate of inflation and the hardships of senior citizens. Councilwoman Hunt said she will support the resolution but would like a word change and she said it is not a 100 percent increase. At the suggestion of Councilwoman Butler, Councilman Maddox said he would move approval of the resolution with the word "substantial" to replace 11100 percent". Councilman Levine returned to the meeting at this point. Councilman Levine said he will support this resolution now and at the MTC Meeting and he said the procedure used is unfair and a public hearing should have been held at the Legislature. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 Discussion of possible rehabilitation of buildings at 1037 Dayton Avenue owned by Mr. Battle. (Laid over from May 17, 22, 29 and 31, 1979) Mr. Ed Starr, City Attorney, said since the last meeting on this matter his office has received through the mail an insurance certificate and a hold harmless agreement has been prepared and is ready for completion. After some discussion on what action of the Council was necessary Councilwoman Butler moved that the city cease and desist all effort to raise the building at 1037 Dayton and that Mr. Battle be given sufficient time to come in to meet the require- ments of a court order for rehabilitation of the building which would include financing, architectural plans, a hold harmless agreement and proper insurance. Adopted. Yeas - 6 ' Nays - 0 Councilman Levine said at a previous meeting the City Attorney was directed to pursue the matter and he hopes that the office is doing that and Councilwoman Butler said it is the desire of the Council to do everything possible to get twelve rental units back on the market and they want the complete cooperation of the City Attorney. Mr. Starr said he assures the Council of that cooperation. C.F. No. 273083. Resolution approving the document entitled Neighborhood Commercial Rehabilitation Loan Program Guidelines for the City of St. Paul. Adopted. Yeas - 6 Nays - 0 Briefing and discussion concerning Midway Stadium property. Mr. Broeker of the Mayor's Office reviewed the status of the Midway Stadium property and referred to the proposal of the Port Authority for the industrial development of the surrounding area. Councilman Tedesco expressed concern about the future of Midway Stadium and said at this point he is not in favor of doing anything to Midway Stadium. At the question of Councilman Maddox, Mr. Piram of the Community Services Department said the stadium has only been filled for large concerts and the typical sporting event draws about 1,500 to 3,000 fans. Councilman Levine said he is concerned about the proposal to this point and he questions where a facility like this could be placed. (Discussion continued to the following page) 1 57601. \ June 5th, 1979. (Discussion continued from the previous page) Mr. Broeker suggested no preliminary decisions until firm proposals are made and Councilwoman Butler agreed that no decision should be made until there is a complete proposal for the area. Councilman Maddox said he also agrees that the Council should keep an open mind on the subject until there are firm proposals. Al Podgorski appeared and referred to many activities at the stadium and Mr. Radman expressed a need for the stadium. Councilwoman Hunt and Councilwoman Showalter left the meeting at this point. C.F. No. 273084. FIRST READING. An ordinance amending Ordinance No. 16511 designating the First Baptist Church as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273085. FIRST READING. An ordinance amending Ordinance No. 16513 designating the Benjamin Brunson House as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273086. FIRST READING. An ordinance designating the St. Paul Public Library/James Jerome Hill Reference Library as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273087. FIRST READING. An ordinance designating the McColl Building as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273088. FIRST READING. An ordinance designating the Pioneer/Endicott-Midwest Building as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.E. No. 273089. FIRST READING. An ordinance designating the St. Paul Building as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273090. FIRST READING. An ordinance designating the Minnesota Museum of Art as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273091. FIRST READING. An ordinance designating Landmark Center as a Heritage Preservation Site. Laid over to June 12th for Second Reading. C.F. No. 273092. FIRST READING. An ordinance amending Chapter 410 of the St. Paul Legislative Code pertaining to Bingo applications by deleting the review procedure required by the Fire Department. Laid over to June 12th for Second Reading. C.F. No. 273093. Resolution requesting that the State Competative Bidding Act be amended to allow the City to enact"Buy American" legislation as a city ordinance and endorsing this proposal as part of the 1980 City Legislative Package. (Recommended for approval by the Legislation Committee) Adopted. Yeas - 4 Nays - 0 Claim of George and Florence Girardi by Attorney Arthur W. LaChapelle, 1631 Selby Avenue, St. Paul, Minnesota, filed on May 31, 1979, was read. Referred to the City Attorney's Office. Claim of Joseph Hunter, 216 N. Oxford, St. Paul, Minnesota, filed on May 31, 1979, was read. Referred to the City Attorney's Office. Claim of Harold Smith, 1362 McKinley, St. Paul, Minnesota, filed on May 31, 1979, was read. Referred to the City Attorney's Office. \ June 5th, 1979. 57602 Summons and Complaint in the matter of Cynthia M. Priadka versus the City of St. Paul. Referred to the City Attorney. Letter of the Valuation Engineer reporting that a petition of Shepard Park Development for the vacation of a part of Springfield St. is in proper form and signed by the requisite number of property owners. Filed. Letter of the Valuation Engineer reporting that a petition of the City, HRA and others for the vacation of portions of Woodbridge St. and the alley in Block 11, Lewis 2nd Addition is in proper form and signed by the requisite number of property owners. Filed. Letter of Pig's Eye Coalition requesting action by the City Council and County Board to acquire Pig's Eye Lake and the adjoining peninsula. Kiki Sonnen, Pig's Eye Coalition Coordinator, appeared and read a statement concerning this matter and Councilwoman Butler moved that the matter be referred to the Port Authority and to the Planning and Economic Development Department for review and input. Adopted. Yeas - 4 Nays - 0 Notice of Hearing from the State Department of Public Welfare in the matter of rules governing per diem rates for nursing homes. Filed. Administrative Orders: D 4923 - Approving change of name on Lease Agreement from Bavarian Meister Meat Products Inc. to Nordic Pride Meats, Inc. D 4924 - Approval of Workers' Compensation to Daniel Dunbar, employee of the Dept. of Community Services. D 4925 - Authorizing payments to five individuals for organizing community 4th of July celebrations. D 4926 - Approving additions of $1,905.00 to the contract for the construction of the North End Multi -Purpose Center. C.E. No. 273094. issuance of Port Authority Revenue Bonds ns the Resolution consenting to the amount of $330,000 to finance the completion of the Wabasha Court Expansion project. Adopted. Yeas - 4 Nays - 0 C.F. No. 273095. Resolution authorizing execution of a contractual agreement between the City o St. Paul and the State of Minnesota for the acceptance of a $15,000 grant from the Minnesota Department of Economic Development. Adopted. Yeas - 4 Nays - 0 C.F. No. 273096. Resolution amending the 1979 Budget by transferring $8,771.00 from Contingent Reserve to Community Services - Parks and Recreation to provide funding for temporary labor and supplies to restore vandalizedays -property at Phalen Park. Adopted. Yeas - 4 C.F. No. 273097. Resolution amending the 1979 Budget by transferring $12,500.00 from Contingent Reserve to Dept. of Community Services - Parks Ground Maintenance to provide funds to purchase gates for several park locations. Adopted. Yeas - 4 Nays - 0 Resolution granting the appeal of James H. Speckmann to a decision of the Board of Zoning Appeals in respect to property located at Elway and Shepard Rd. Laid over to June 7th for required five votes. Resolution granting the petition of the Minnehaha Bowling Center, Inc. to vacate part of Seminary Avenue. Laid over to June 7th for required five votes. Resolution granting the petition of William and Bonnie Leonard and Paul and Susan Hendrickson for the vacation of parts of Hillwood Dr. and Hillwood Ct. Laid over to June 7th for required five votes. 57603.`' June 5th, 1979. Resolution granting the petition of Alfred Arrigoni, et al, for the vacation of part of Block 6, Ames Outlots and part of Omaban St. Laid over to June 7th for required five votes. C.F. No. 273098. Resolution amending the cooperative construction agreement with the State of Minnesota for construction on Snelling Ave. between I-94 and Hewitt Ave. as it pertains to driveways and street widths. Adopted. Yeas - 4 Nays - 0 C.F. No. 273099. Resolution granting Private Club license to Summit University Business Men's Association at 171 N. Dale St. Adopted. Yeas - 4 Nays -• 0 C.F. No. 273100. Resolution granting renewal of Sunday On Sale Liquor license to T. R. Enterprises, Inc. and Arline Viner at 201-5 E. 4th St. Adopted. Yeas - 4 Nays - 0 C.F. No. 273101. Resolution granting applications for Temporary On Sale Malt Beverage licenses to organizations as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273102. Resolution granting Temporary On Sale Malt Beverage license to Payne -Arcade Area Business Assn. at Phalen Park. Adopted. Yeas - 4 Nays - 0 C.F. No. 273103. Resolution granting Sunday On Sale Liquor licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273104. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273105. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273106. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273107. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273108. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273109. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273110. Preliminary Order for the installation of a water main in Chelmsford St. from Commonwealth Ave. to 150 feet south of Commonwealth Ave. AND setting date for public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273111. Preliminary Order for the installation of a water main in Winona St. from Stickney St. to 140 feet east of Stickney St. AND setting date for public hearing to July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273112. Preliminary Order for the grading and paving, construction of concrete curb and gutter and construction of a storm sewer on Winthrop Circle from Boxwood Ave. to the cul-de-sac AND Boxwood Ave. from Winthrop Circle to McKnight Rd. AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273113. Preliminary Order for the acquisition of a sewer easement on, over and across Lot 8, Block 1, St. Joseph's Hill AND condemning and taking an easement in the land necessary for slopes, cuts, and fills occasioned by the grading of Winthrop Circle to McKnight Rd. AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273114. Preliminary Order for the construction of a sanitary sewer in Winthrop Circle from Boxwood Ave. to the cul-de-sac AND platted easement to Leonard Court AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273115. Preliminary Order for the installation of a water main in Boxwood Ave. from a point 297 feet west of the centerline on McKnight Rd. to Winthrop Circle AND in Winthrop Circle from Boxwood Ave. to Winthrop Circle Cul-de-sac AND in the platted easement from Winthrop Circle to Leonard Ct. AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273116. Preliminary Order for the grading, paving and the construction of concrete curb and gutter in Germain Court from Case Ave. to approximately 270 feet north AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273117. Preliminary Order for the condemning and taking of an easement in the land necessary for slopes, cuts and fills occasioned by the grading of Germain Court from Case Ave. to approximately 270 feet north AND setting date of public hearing for July 3, 1979. Yeas - 4 Nays - 0 Adopted. C.F. No. 273118. Preliminary Order for the construction of a sanitary sewer in Germain Ct. nm bztting date of public hearing for July 3, from Case Ave. to 270 feet north 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273119. Preliminary Order for the installation of a water main in Germain Ct. from Case Ave. to the cul-de-sac 270 feet north AND construction of water service connections in Germain Ct. from Case Ave. to approximately 270 feet north AND setting date of public hearing for July 3, 1979. Adopted. Yeas - 4 Nays - 0 Councilman Levine referred to a resolution that appeared earlier on the agenda (C.F. No. 273083) and he expressed concern why the resolution was introduced by Councilman Maddox and he said it should have come through the Chairman of the City Development Committee. Councilman Maddox said he introduced the matter because he had worked with the neighborhood for some time on this matter and had initiated it. Councilwoman Butler also expressed concern that Councilman Maddox follow the usual committee procedures concerning the introduction of legislation. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 AT 19 City Cler . Copies set to Councilf r 6 /A g Minutes approved by Council 61.21&7 7 MINUTES OF THE COUNCIL 9:00 A.M. June 6th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councilmen Hunt, Maddox, Showalter, Tedesco, President Hozza... 5 Absent - Councilmen Butler, Levine ... 2 Application for the transfer of the On Sale Liquor License issued to Raymond MacCafferty at 782-88 Grand Avenue to MacCafferty's 47est, Inc, at the same address and also application for increase of service area to include the patio during the proper seasonal period. (Raymond C. MacCafferty, Flora M. MacCafferty, R. Robert Matson and Neill J. O'Neill notified to attend). Councilman Tedesco moved approval of the applications and the following resolutions were submitted. C.F. No. 273120. Resolution granting transfer of On Sale Liquor License from Raymond C. MacCafferty at 782-83 Grand Avenue to MacCafferty's West, Inc. at the same address. Adopted. Yeas - 5 Nays - 0 C.F. No. 273121. Resolution granting change in the area for the service of liquor to MacCafferty's West, Inc. holder of On Sale Liquor License at 782-88 Grand Avenue to include the patio area east of the building to be used during the proper seasonal period. Adopted. Yeas - 5 Nays - 0 Bingo Application - Jewish War Veterans of the U.S.A., Inc., Post 162, 408 Main Street, 52 periods. (Edward J. Langman, State Commander, and Alfred Rischall, Manager, notified to attend). Councilman Maddox moved that the application be approved. Adopted. Yeas - 5 Nays - 0 Bingo Application - Arlington Booster Club, 1079 Rice Street, 52 periods. (Theo J. Vaillancourt, President, and Mary A. Faser, Manager, notified to attend). Councilman Tedesco moved that the application be approved. Adopted. Yeas - 5 Nays - 0 Public hearing on Class C1 -Restaurant, on and Off Sale Malt Beverage and Cigarette Licenses issued to Elijah Barker at 628 Selby Avenue. (Recommended for suspension by the License and Permit Division, This matter was previously considered on May 30, 1979). Mr. Charles Brady, 830 Minnesota Building, an attorney representing Mr. Barker, said Mr. Barker did not receive notice in time to be present at the first hearing and since that hearing has received notice and they object to not being able to examine witnesses. Mr. Barker was sworn in and answered questions of Mr. Brady concerning the ownership of the business, the nature of the business, surrounding businesses, and his cooperation with Police. At the question of Mr. Garvey, Assistant City Attorney, Mr. Barker said the business is his sole source of income. At the question of Councilman Maddox, Mr. Barker said that a Mr. Swyningan does not have an interest in this business. Marjorie Graham, 230 No. Victoria, was sworn in and answered questions of Mr. Brady con- cerning directions to her from the owner about persons bringing drinks into the establishment. Mr. Garvey reviewed the evidence submitted and referred to three incidents of strong beer or intoxicating liquor on the premises. Mr. Brady said Mr. Barker has been cooperative with the police and he urged other alternatives rather then suspension and he said people bringing in substances to the bar are asked to leave. At the question of Councilwoman Hunt, Mr. Garvey said to charges were dismissed because of the way the tags were written and the third charge has not been considered yet. Councilwoman Hunt said she has some sympathy for the license holder because some of the charges were dismissed. At the question of the Council, Mr. Carchedi said he recommends a sixty day suspension. (Discussion continued to the following page). 57606. ✓ June 6th, 1979. (Discussion continued from the previous page). Councilman Tedesco moved that the License be suspended for thirty days. Adopted. Yeas - 5 Nays - 0 Discussion regarding the reduction of the Tavern (Entertainment) License fee. Councilman Tedesco recommended that the Tavern License fee with live entertain- ment be reduced from $150.00 to $50.00 and that the One Day License be reduced from $75.00 to $25.00. response from the Administration before final action Councilwoman Hunt asked for a with information on the effect to the budget. Councilman Hozza suggested that.Councilman Tedesco have the necessary ordinances prepared and introduced and then the Administration could respond. Councilwoman Hunt moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 ATTEST: C'ty Clerk. 64/70/ Copies sent to Councilmen / Minutes approved by Council 57607. MINUTES OF THE COUNCIL 10:00 A.M. June 7th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one. Hearing on the appeal of Steve Kensy to a decision of the Board of Zoning Appeals for a variance of the front yard setback regulations at 427 Whitall Street. Ms. McNeally of the Planning Staff explained the action of the Board of Zoning Appeals. Wilfred Weber, 461 Beaumont, explained the history of the property involved and said the owner does not want to change the address. Pictures of the property involved and a drawing showing the proposal were circulated among Councilmen and Councilman Tedesco said the structure and garage are an asset to the neighborhood and he moved approval of the appeal. President Hozza asked if anyone wanted to be heard in opposition to granting the appeal and no one appeared. Councilman Tedesco asked that his motion include a request that the City Attorney prepare the proper resolution including a finding of hardship based on the information presented. Adopted. Yeas - 7 Nays - 0 Council President Hozza said this matter amounts to a underground structure and there is no provision for that in the code and he suggested that the Planning Staff be directed to see if a change can be made in the code to permit underground structures. Councilman Maddox so moved. Adopted. Yeas - 7 Nays - 0 Mayor Latimer appeared and submitted and explained a report on the General \ Obligation Debt and said the city is on target on their program to reduce debt. Councilman 'dozza congratulated the Mayor for taking the leadership in the program and Councilwoman Butler said she agrees and she referred to her concerns since 1970 and said Mayor Latimer is the first Mayor who recognized it and is doing something about it. Mr. Blees explained the report and said it is their intent to present an annual progress report and he outlined some of the major parts of the report. Councilman Tedesco also commended the administration and Councilwoman Hunt commended the Mayor and Mr. Blees and also Mrs. Butler because she called attention to the issue. C.F. No. 272988. FINAL ADOPTION. ORD. NO. 16534. An ordinance amending Section 154.01 of the Legislative Code and rates of fare for taxicabs within the City of St. Paul. Adopted. Yeas - 7 Nays - 0 C.F. No. 273059. SECOND READING. An ordinance amending Chapter 308.23 (3) of the St. Paul Legislative Code relating to the minimum age of persons permitted in intoxicating liquor establishments. Laid over to June 12th for Third Reading. C.F. No. 272300. SECOND READING. An ordinance extending benefits for Police Officers and Firemen for non -job related injuries or illnesses from six months to include the entire calendar year of 1979. (Recommendation of Finance, Management and Personnel Committee accompanies ordinance -author will withdraw). Councilman Hozza withdrew the ordinance. Claim of Gregory L. Moore, 1926 Hawthorne Avenue E., St. Paul, Minnesota, filed on June 4, 1979, was read. Referred to the City Attorney's Office. \ June 7th, 1979. 57608. J Appeal of John T. Finley to a decision of the Planning Commission with respect to property located at 1210 Albemarle. (Alternative Homes) Councilman Tedesco moved that a date of hearing be set for July 5th. Adopted. Yeas - 7 Nays - 0 Administrative Orders: D 4927 - Temporary managerial appointments within the Department of Finance & Management Services. D 4928 - Payment of an honorarium of $50.00 for discussion in the City of St. Paul's Pre -Retirement Planning Course. D 4929 - Remittance to the University of Minnesota of $945.00 for conducting an in-house Math Anxiety Program. Resolution amending the Civil Service Rules by adding the title Water Service Worker -Control Desk to Section 8 under the heading "Semi -Skilled Labor" AND inserting its specifications in Section 49. (First Reading; Finance, Management and Personnel Committee recommends approval) Laid over to June 19th for Second Reading and Adoption.,. Resolution amending the Salary Plan and Rates of�Compensation Resolution by establishing the compensation rate for the title Water Service Worker Control Desk in Section II, Subsection 0. (First Reading; Finance, Management and Personnel Committee recommends approval) Laid over to June 19th for Second Reading and Adoption. C.F. No. 273122. Resolution authorizing issue and sale of $4,865,000 General Obligation Improvement Bonds, Series 1979 (CIA -Finance Committee recommends approval). Adopted. Yeas - 7 Nays - 0 C.F. No. 273123. Resolution authorizing issue and sale of $2,655,000 General Obligation Water Pollution Abatement Bonds, Series 1979 (WPA-Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 1(Butler) C.F. No. 273124. Resolution transferring $10,500 from Contingent Reserve -General to Appeals Board and Special Services - staffing for the Cable Television Advisory Committee. Adopted. Yeas - 7 Nays - 0 C.E. No. 273125. Resolution amending the 1979 Budget by transferring $11,900 from Contingent Reserve - General to City Clerk - Special Elections. (Finance, Management and Personnel Committee recommends approval) Adopted. Yeas - 7 Nays - 0 C.F. No. 273126. Resolution transferring $75,000 from Rehabilitation Loans and $75,000 from Unearmarked Contingency within the CD Year IV Program and appropriating $50,000 to Relocation and $100,000 to Demolition so as to include the Relocation of Industrial Steel Container Corporation as a new project in CD Year IV. Adopted. Yeas - 7 Nays - 0 C.F. No. 273127. Resolution approving Exterior Grant Improvement Program. Adopted. Yeas - 7 Nays - 0 C.F. No. 273128. Resolution granting Temporary On Sale Malt Beverage license as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273129. Resolution approving the action of the Mayor in replacing the existing City seal. Adopted. Yeas - 7 Nays - 0 C.F. No. 273130. Resolution authorizing payment of $1,338.95 to Theodore and Della Noll for parts of Block 30, Suburban Hills Addition as listed to permit acquisition of sewer easements on the south side of Suburban Ave. east of Frank Street to permit construction of a sanitary sewer. Adopted. Yeas - 7 Nays - 0 C.F. No. 273131. Resolution authorizing payments out of Tort Liability in the amount of $14.80 to Howard L. Hermanson and $98.31 to Mrs. 011ie Mitchell in full settlements of claims for damages. Adopted. Yeas - 7 Nays - 0 57609. ` June 7th, 1979. C.F. No. 273132. Resolution approving Chapter 189, Laws of Minnesota for 1979 being an act relating to the City of St. Paul and fixing the rate of the franchise fee for utility supplies to residential dwelling. Councilman Hozza asked why the resolution was introduced by Councilwoman Hunt and Councilwoman Hunt said she signed it because it was originated in the Finance Committee. Councilwoman Butler said there is no question that it is a Finance Committee matter and she asked Councilwoman Hunt if she could co-author the resolution and she said she will withdraw the ordinances that she presented that are pending in committee. Councilman Hozza said it should be noted that the matter started in a joint meeting of the Legislation Committee and the Finance Committee. Councilwoman Butler withdrew three ordinances pending in the Finance Committee pertaining to franchise fees. (C.F. 270843, C.F. 270844, C.F. 270845) Councilwoman Hunt withdrew an ordinance pending in the Finance Committee pertaining to franchise fees. (C.F. 272744) Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273133. Resolution approving Chapter 25, Laws of Minnesota 1979 and authorizing acceptance of deed for the Gillette Hospital site. Councilwoman Butler said if we accept the deed we also must accept the responsibility for maintenance and she asked if that matter was being investigated. Kim Pfoser of the Planning and Economic Development Department said she has been working on this matter for some time and if the city doesn't take the deed by July 1st the state will put the site up for sale to the highest bidder. At the question of Councilwoman Butler, Ms. Pfoser said the staff could make a presentation on the matter and at the present time they have no other recommendation than residential use. Councilwoman Hunt referred to the request of the District Council for open space and she stressed the need to consider housing needs. Councilman Levine suggested the sale of the property as individual lots and Councilman Hozza suggested adoption of the resolution with a hearing to be held in the future to hear the comments of the neighborhood. Councilwoman Hunt said the Council should be involved in the process and set the basic guidelines and Councilman Hozza suggested a report from the Planning and Economic Development Department in committee to fully discuss the matter. Councilwoman Butler said the Council should set perimeters and she opposes the use of the property as open space and said the city has a need for housing. Councilwoman Hunt moved that the City Development and Transportation Committee of the Whole discuss the disposition of the site. Adopted. Yeas - 7 Nays - 0 Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273134. Resolution approving the release of Utility Easements as contained in C.F. 246615 and C.F. 272539 being a vacation of parts of Lots 1 thru 5, Block 11, Warren and Winslow's Addition to the Town of St. Paul AND of Lafayette Road AND part of Iris Alley. Adopted. Yeas - 7 Nays - 0 C.F. No. 273135. Resolution granting the appeal of James H. Speckmann to a decision of the Board of Zoning Appeals in respect to property located at Elway and Shepard Rd. Adopted. Yeas - 7 Nays - 0 C.F. No. 273136. Resolution granting the petition of the Minnehaha Bowling Center, Inc. to vacate part of Seminary Ave. Yeas - 7 Nays - 0 Adopted. C.F. No. 273137. Resolution granting the petition of William and Bonnie Leonard and Paul and Susan Hendrickson for the vacation of parts of Hillwood Dr. and Hillwood Court. Adopted. Yeas - 7 Nays - 0 C.F. No. 273138. Resolution granting the petition of Alfred Arrigoni, et al, for the vacation of part of Block 6, Ames Outlots and part of Omaban St. Adopted. Yeas - 7 Nays - 0 57610J June 7th, 1979. C.F. No. 273139. Resolution granting Building Contractor license to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273140. Resolution granting Building Contractor license to persons as listed. Adopted. Yeas - 7 Nays - 0 Mr. Van Avery appeared and asked for information and figures on leasing Midway Stadium for three years with an option for another two years. Councilman Levine asked if any decision has been made on leasing the stadium or any other facility and Councilman Hozza said no decision has been made and a lease would require a long procedure involving the taking of proposals. After considerable discussion Councilman Hozza asked that the record reflect Mr. Van Avery's request and he informed Mr. Van Avery that he would be notified if the city does determine a program to lease or sell the stadium. Councilman Hozza said he has made an attempt to contact the Ramsey County Bar Association concerning the appointment of a special investigator on licensing and he asked the Council for direction on how to proceed. He said he would ssociation to the Council bring the selection procedure of the Ramsey County Bar A unless the investigation is to change and then the matter should be discussed. Councilwoman Hunt said a suggestion was made that more than one attorney be involved and this should be investigated. Councilwoman Butler said maybe it doesn't have to be an attorney and Mr. Starr said if the special investigator is not an attorney there could be legal road blocks requiring legal advice. Councilman Maddox moved that the rules be suspended to consider an ordinance l sponsored by Councilman Tedesco. - 7 Nays - 0 Adopted. Councilman Tedesco submitted an ordinance concerning the entertainment license fee and after some discussion it was agreed that the matter should be placed on the Tuesday, June 12th, agenda for First Reading. Councilman Hozza said he has received a request from the Mayor for appointment of a Councilperson on the City County Health Advisory Committee and he asked for volunteers. Councilwoman Butler questioned the qualifications of the committee members an whether a staff person could be eligible and the City Attorney was asked to investigate this matter. an Hunt, Councilwoman Showalter, and Councilman Maddox Councilman Hozza, Councilwom requested to be excused June 13th and June 14th to attend meetings of the League of Minnesota Municipalities. ked to be excused June 26, 27, and 28, 1979. Councilman Levine and Councilman Hozza as Councilman Tedesco moved thattheeasrequests be granted.ays- 0 Adopted. Councilman Maddox moved that the Yeas meeting Adopted. Copies sent to Minutes approved by Council /7 J 57611. MINUTES OF THE COUNCIL 10:00 A.M. June 12th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Butler, JIunt, Showalter, Mr. Vice President Tedesco ... 4 Absent - Councilmen Levine, Maddox, President Hozza...3 (Councilmen Levine, Maddox, and Hozza arrived at a point during the meeting). . Approval of Minutes of City Council meetings of May 16 A.M. and P.M., May 17, May 22, May 23, and May 24, 1979. Councilwoman Showalter moved that the minutes be approved. Adopted. Yeas - 4 Nays - 0 Councilmen Levine, Maddox, and President Hozza arrived at this point in the meeting. C.F. No. 273141. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing a sanitary sewer in Upper Afton Road from Millercrest Lane to Kennard Ct. and in Millercrest Lane 400 feet south of Upper Afton Rd., under P.O. 268022. Mr. James Hale, 22 Millercrest Lane, asked questions about a reduction in the assessment for the advance credit and Mr. Eggum explained that the assessment roll shows the total assessment but it would be reduced by the amount of advance credits. Mr. Hale said they are still not enthused about the assessment and have entered their intention to pursue the matter further. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273059. THIRD READING. An ordinance amending Chapter 308.23 (3) of the St. Paul Legislative Code relating to the minimum age of persons permitted in intoxicating liquor establishments. Laid over to June 19th for Final Adoption. C.F. No. 273084. SECOND READING. An ordinance amending Ordinance No. 16511 designating the First Baptist Church as a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273085. SECOND READING. An ordinance amending Ordinance No. 16513 designating the Benjamin Brunson House as a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273086. SECOND READING. An ordinance designating the St. Paul Public Library/James Jerome Hill Reference Library as a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273087. SECOND READING. An ordinance designating the McColl Bldg. a.; a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273088. SECOND READING. An ordinance designating the Pioneer/Endicott-Midwest Bldg. as a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273089. SECOND READING. An ordinance designating the St. Paul Building as a Heritage Preservation Site. Laid over to June 19th for Third Reading. C.F. No. 273090. SECOND READING. An ordinance designating the Minnesota Museum of Art as a Heritage Preservation Site. Laid over to Tune 19th for Third Reading. C.F. No. 273091. SECOND READING. An ordinance designating Landmark Center as a Heritage Preservation Site. Laid over to June 19th for Third Reading. Councilman Maddox asked about an opinion on the legality and affect of heritage preservation designations and it was noted that an opinion had been prepared. After further discussion it was agreed that the matter could be more fully discussed at third reading and Councilwoman Hunt moved that Mr. Segal be present at third reading on June 19th to answer any questions and discuss the matter of the affect of heritage preservation designations. Adopted. Yeas - 7 Nays - 0 C.F. No. 273092. SECOND READING. An ordinance amending Chapter 410.05 of the St. Paul Legislative Code pertaining to Bingo applications by deleting the review procedure required by the Fire Department. Laid over to June 19th for Third Reading. C.F. No. 273142. FIRST READING. An ordinance amending Section 311.02 (2) of the Legislative Code amending the fee for an entertainment license. Councilwoman Hunt moved that the Budget Department prepare a projection on the affect this ordinance will have on budget revenue projections. Adopted. Yeas - 7 Nays - 0 The ordinance was laid over to June 19th for Second Reading. C.E. No. 273143. FIRST READING. An ordinance amending Section 308 of the Legislative Code to permit the Council to reconsider the request for re -transfer of a license on submission of an affidavit and surety bond. at this matter be considered at a License Meeting Councilman Maddox suggested th and he said prior to that time he will distribute copies of the ordinance and the reasons for it. The ordinance was laid over to Wednesday June 20th for Second Reading. Claim of Max and Margaret Fritzler, 2800 N. Hamlin, 4135, Roseville, Minnesota, filed on June 7, 1979, was read. Referred to the City Attorney's Office. Claim of Hazel R. Porter by Attorney Sheridan J. Buckley, Jr., 1170 Northern \ Federal Bldg., St. Paul, Minnesota, filed on June 7, 1979, was read. Referred to the City Attorney's Office. Claim of James R. Penson, 1282 Dayton Avenue, St. Paul, Minnesota, filed on June 5, 1979, was read. Referred to the City Attorney's Office. Claim of Terry Sveiven, 1281 Marion, St. Paul, Minnesota, filed on June 6, 1979, was read. Referred to the City Attorney's Office. Notice of Motion and Motion in the matter of the HRA, Petitioner, versus Arthur K. Wurdemann. Referred to the City Attorney. Statement from Gray, Gill and Brinkman, Attorneys at Law,for legal services in the amount of $16,500 granted to Joseph Carchedi as part of the investigation of Mr. Carchedi's conduct as License Inspector. Councilman Hozza said he has asked the City Attorney for a legal opinion and he anticipates that no action will be taken on this matter pending a legal opinion. Councilman Tedesco said he feels the city is responsible for legal services because he was acting in an official capacity. Councilwoman Hunt said she questions whether this is a conclusion of the matter and whether the lawsuit will continue in force. Councilwoman Butler said there are many questions to address relating to this matter and to other public officials. J 57613. June 12th, 1979. Letter of Robert Piram, Dept. of Community Services, setting forth residency requirement status of seasonal employees of that department. Councilman Maddox moved that the matter be referred to the Legislation Committee for a full discussion along with other residence requirement matters. Councilwoman Butler said there is something foolish about the first paragraph of the letter and she thinks Mr. Piram has interpreted the residence requirements in his own way and they are not open for interpretation and are quite clear. The letter was referred to the Legislation Committee. Transmittal of the District 7 Plan to the City Council. It was agreed that the Citizens Participation Coordinator should confer with representatives of District 7 to determine and recommend a date of hearing before the City Council to consider adoption of the plan. Administrative Orders: D 4930 - $31,229.00 addition for the City Hall Annex Phase I Project. D 4931 - An establishment of Fair Re -Use Values 'for disposition parcels as listed. D 4932 - $7,615.00 addition to the City Hall Annex Phase I Project. D 4933 - Revision of the existing speed zones on Lower Afton Rd. from McKnight Rd. to Trunk Highway No. 61. D 4934 - Revision of the existing speed zones on Transfer Rd. between the intersection with University Ave. and the point at which it becomes Pierce Butler Rt. AND on Pierce Butler Route 500 feet east of Prior at the point where Pierce Butler Route becomes Transfer Rd. D 4935 - Revision of existing speed limits on Marshall Ave. between the intersection with Summit Avenue and Victoria St. AND Marshall Avenue between Victoria St. and the intersection with Snelling Ave. D 4936 - Revision of the existing speed zone on Dayton Ave. between the intersection with Victoria St. and the intersection with Summit Ave. Councilmah Maddox referred to administrative orders involving the City Hall Annex and said he thought there was going to be a quarterly report or a meeting to discuss overruns. Councilwoman Butler suggested that the Finance Committee discuss administrative orders on the City Hall Annex at their next meeting. Councilman Maddox said he thinks the Council should get a quarterly report and have a meeting on all projects as they result to additions and overruns. Councilwoman Hunt said she will schedule a discussion in the Finance Committee. C.F. No. 273144. Resolution approving persons as listed to the SkywayProiot on Committee. Na Adopted. Yeas - 6 Ys C.F. No. 273145. Resolution granting transfer of Sunday On Sale Liquor License AND Restaurant and other licenses from Raymond C: MacCafferty at 782-88 Grand Avenue to MacCafferty's West, Inc. at the same address. Adopted. Yeas - 7 Nays - 0 C.F. No. 273146. Resolution approving payment of $210.60 to Bruce Young, $35.00 to Mrs. Marion Clark, $250.00 to John Parkes, and $54.89 to American Family Insurance Group and LaVonne Hammer from the Tort Liability Fund in full settlement of their respective claims. Adopted. Yeas - 7 Nays - 0 C.F. No. 273147. Resolution granting Temporary On Sale Malt Beverage licenses to the St. Paul Police Federation. Adopted. Yeas - 7 Nays - 0 Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 0 U R tE 1 /�T JP:330 A.M. n l.Ulllll:ti VJic aiva.... •-• '1 A T: Copies sent to Councilm Minutes approved by Council �C:ItyClerk. I 57614. MINUTES OF THE COUNCIL 10:00 A.M. June 14th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA Present - Councilmen Levine, Tedesco...2 Absent - Councilmen Butler, Hunt, Maddox, Showalter, President Hozza... 5 No Quorum. No Meeting. (No business scheduled during annual meetings of the League of Minnesota Municipalities). 57615 MINUTES OF THE COUNCIL 10:00 A.M. June 19th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:08 A.M. Present - Councilmen Butler, Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...7 Absent - No one. C.F. No. 273148. n of the City of Saint Paul for the vacation of Resolution granting the petitio Lot 17, Block 1, Michel's Subdivision of Block 4, Stinson's Division. Public Hearing was held on the petition. Letter of the Valuation Engineer recommending approval subject to certain terms and conditions was noted. Kevin Lamson, 591 Van Buren, said neither he nor the neighbors have any objections to the vacation but they do have a concern over the incorrect listing of the address as 617 Van Buren. He said the correct address is 613 Van Buren. Michael Eggum responded to a question from Councilwoman Butler and said the vacation is a formality preliminary to the putting up of the property for sale. Councilwoman Hunt moved approval of the petition. Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. C.F. No. 273149. FINAL ORDER. in the matter of grading and paving in Block 3, Edmund Rice's 3rd Addition from Jackson St. to Agate St. (P.O. 273007) Patrick Fleming, 120 Sims, said the reason he wants the alley to go through is he cannot use his property in the back and he has a garage with no access. He said the residents have always had to maintain the alley because of the debris and junk and noted that if a family has two cars one car is always overlapping / onto a neighbors property line because the lots are so narrow. He said also a major problem exists because of the hill and he noted that his car last winter rolled down the hill and damaged a neighbors car. William Zika said he has lived in the area for twenty years and there has never been an alley back there and there has never been a problem until two or three people moved in and wanted to change everything. He also objected to the cost of the assessment. Mr. William Gangl of 149 York said the alley is no good to him and he noted he has just built a new garage. Irene Spiegelberg of 118 Sims said he late husband had always taken care of the alley before he passed away. She said she feels the alley should go through and she said she lives on a pension and if she can pay the assessment she does not know why the others cannot. Jeff Singer of 904 Jackson said the alley did go through and originally it had been paved. He said it might have to be resurfaced but it possibly does not have to be resurveyed. Mr. Ziegler said the alley was in good condition when he first moved into the area in 1953 and the entire alley could be used but then Messrs. Spiegelberg and White began to use the alley as a place to store debris and other fill type material and he noted that a wall was also put in which eliminated further use of the alley. He said now the people who created the problem want. to change the situation and he does not think he should have to pay for Mrs. Fleming noted that in addition to the accident her husband referred to earlier on the car going down hill they have a camper which has to be parked on rented property for storage. She said that that little section of the alley is like a jungle. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 7 Nays - 0 C.E. No. 273150. FINAL ORDER. In the matter of condemning and taking an easement in the land necessary in slopes, cuts and fills occasioned by the grading and paving Y Block 3, Edmund Rice's Third Addition. (P.O. 273008) Councilman Maddox moved approval of the order. Adopted. Yeas - 7 Nays - 0 57616.• \ June 19, 1979. C.F. No. 273151. FINAL ORDER. In the matter of grading and paving the alley in Block 1, Auerbach and Hand's Addition from Rose to Maryland Avenues. (P.O. 273003) No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 7 Nays - 0 C.F. No. 273152. FINAL ORDER. In the matter of condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving the alley in Block 1, Auerback and Hands Addition. (P.O. 273004) No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 7 Nays - 0 FINAL ORDER. In the matter of grading and paving in Block 8, Watt's Park from Howard St. to McKnight Rd. (P.O. 273005) FINAL ORDER. In the matter of condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 8, Watt's Park from Howard St. to McKnight Rd. (P.O. 273006) A letter from James P. and Lorraine D. Kasal of 2256 Reaney Avenue opposing the improvement was noted. Chris Olson of 2244 Reaney said the alley is a little rough now but it forces people to drive slowly which is an advantage. He said he was disappointed at the unsatisfactory answers from departmental officials to questions he had on the / improvement. Mr. Olson said he finds an assessment figure of $7.25 a foot a little hard to believe. He said that according to plans the city is just going to pave it and according to that this would place a current telephone pole now standing right in the middle of the alley. Mr. Olson said a feasibility study should be made and the possibility of putting the telephone lines underground should be studied and a decent study should be made before estimates are arrived at. Mr. Olson said he feels that it is going to cost the residents a lot more money then what the projection shows. Mr. Kuhfeld responded to a question from Councilwoman Butler and said the order comes before the Council on the basis of a petition of five out of the twenty residents. Mr. Olson said the first time he heard of the project was when he got the letter in the mail. Councilwoman Butler moved that both orders be referred to the Public Works Committee AND public hearings be continued to July 17, 1979. Adopted. Yeas - 7 Nays - 0 FINAL ORDER. In the matter of opening, grading and paving an alley in Block 72, W. J. Godfrey's Subdivision by taking and condemning an easement for alley purposes on, over and across the north 16 feet of Lots 15 thru 29 in Block 72. (P.O. 273009) Gerald Franzwa, 1000 Wilson Avenue, submitted a petition of ten names in opposition to the improvement. Mr. Franzwa said he moved into the area a year ago this month and has spent considerable time telling the neighbors of the cost of the improvement to them. He said the people on Wilson will have no access to the alley and problems would be created by those persons who already have garages built. He said he feels the alley amounts to nothing more than a private driveway for the people living on Wakefield and he questioned why others should have to pay for it. Mr. Kuhfeld responded to a question from Councilman Maddox and said that twenty of twenty-five property owners signed a petition for the improvement. Mr. Franzwa said the people knew nothing of the cost to them at the time they signed it. Mr. David Allen Johnsen of 1039 Wakefield said he started the petition and that he did explain everything to them and this was explained to everyone except three persons who were unavailable. Mr. Johnsen said the purpose of the alley would be just to clean it up. He said its not in a bad mess but it does get bad back there. Ronnie Stone of 1056 Wilson said that when the petition was started she was given the wrong impression on ownership of the alley. She said it would cost about $500 each and being as she does not use the alley she sees no need to spend the $500. She said there are other city owned alleys in the area in much worse condition then this one. Natalie Yanez of 1042 Wilson said Mr. Johnsen did not tell everyone it would cost them anything. She said she has lived in the area for twenty years and gotten along very well without an alley. She said if the people on Wakefield want an alley it (Discussion continued to the following page). 57617 ` June 19th, 1979. (Discussion continued from the previous page). should be their responsibility. Joan Brabock (?) also said she was not told she would have to pay for the improvement. She said she signed the original petition only because she wanted to keep the area clean but that she opposes the improvement because of the costs. Robert Payne of 1001 Wakefield said he signed the first petition but he would like to have his name taken off it because he does not think its fair to have the people on Wilson pay for the alley. Councilman Maddox noted that ten persons of the twenty-two who signed the petition for the improvement now wanted their names removed. Councilman Maddox moved the order be referred to the Public Works Committee. Mike Eggum said he would be responsible for notification of persons for the upcoming committee meeting. (This in response to a question from Councilwoman Butler) Mr. Johnsen said he was sorry this has come up this way and especially now that there is the possiblity of a couple garages having to be moved. Clarence Godfrey, 1030 Wilson, opposed the order because Wilson residents will have to pay the assessments and all the people on Wakefield will be giving up would be sixteen feet. FINAL ORDER. In the matter of opening, grading and paving an alley in Block 72, W. J. Godfrey's Subdivision by taking and condemning an easement for alley purposes on, over and across the north 16 feet of Lots 15 thru 29 in said Block 72, AND condemning and taking an easement,in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 72, W. J. Godfrey's Subdivision. (P.O. 273010) Councilman Maddox moved this order and the Final Order for the opening, grading and paving of the alley in Block 72, W. J. Godfrey's Subdivision be referred to the Public Works Committee AND the public hearing be continued to the July 17th, 1979 City Council Meeting. C.F. No. 273153. Resolution granting the petition of George and Barbara Stahl to vacate a sewer easement over Lot 1, Block 2, Otto Hunt's Addition. Public Hearing of the petition was held. Regina Kania of 547 Warwick Street said the sewer has been put in but.the alley has been torn up. She said she understands the sewer is to be paid for by the petitioner but she inquired about the cost for the paving of the alley. Mike Eggum said that it is his understanding that all of the cost connected with the sewer are to be borreby the petitioner and there is to be no expense- to the city or the neighbors. Mr. Fred Kueppers, Jr., attorney for the Stahl's, said the problems has been resolved except for the one step which is before the City Council and he said it is his understanding the agreement was drawn up by the Department of Public Works and there will be no expense to the neighbors. He detailed the background of the matter to the Council wherein the city elected to take an easement on the subject property and then proceed to install a storm sewer which ran right through the Stahl property and he said that due to an oversight someone at the time put the Stahl house on the easement and now that they are in the process of selling the house they are having problems because of its being situated on that easement. He said his clients have spent twelve to fifteen thousand dollars in personal contracts in trying to resolve the situation and now they are asking the city to vacate the easement. He asked that the city waive its usual easement rights pursuant to Chapter 228 of the Legislative Code so that stipulation not be on the title. He said that matter has been discussed with Mr. Donovan and he has agreed to the waiver. He noted the resolution before the Council already incorporates that provision. Councilwoman Hunt moved approval of the vacation. Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273154. FINAL ORDER. In the matter of improving DeSoto St. from North St. to Collins St. and North St. from DeSoto St. to Payne Avenue. (P.O. 273011) Councilman Tedesr:; moved approval of the order. Adopted. Yeas - 7 Nays - 0 C.F. No. 273155. FINAL ORDER. In the matter of condemning and taking of an easement in the land necessary for slopes, cuts and fills occasioned by the grading of DeSoto St. from North St. to Collins St. AND North St. from DeSoto St, to Payne Avenue. (P.O. 273012) No one appeared. Councilman Tedesco moved approval of the order. Adopted. Yeas - 7 Nays - 0 June 19th, 1979. 57618. C.F. No. 273156. Resolution ratifying assessment for summary abatements for the period December 1 thru December 31, 1978. Mr. Tom Adam of 969 Iglehart objected to the $95 assessment and said he purchased the house from the HRA and was in the process of remodeling the house. Mr. Gene Verdick of the Public Works Department recapped the orders in the matter. Councilwoman Hunt said that as she understands the situation the HRA should have had their debris removed before the property was sold to Mr. Adam. Councilwoman Butler moved Mr. Adams name be deleted from the assessment roll and the HRA be billed for the summary abatement for this property. Mr. Thomas Baber also objected to his assessment because the property had been purchased from a Mr. Parker. Councilwoman Butler moved that the resolution be approved with the exception that Messrs. Adams and Babers names be stricken from the assessment rolls AND the HRA be billed for the Adams assessment and Mr. Daniel Parker be billed for the Baber assessment. Nays - 0 Adopted. Yeas - 7 C.F. No. 273157. Resolution ratifying assessment for Boarding -up and Demolition for period December 1 thru December 31, 1978. No one appeared. Councilwoman Butler moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273158. FINAL ORDER. / In the matter of the reconstruction of sidewalks on streets as listed: Mt. Curve Blvd.west side from Randolph Ave. to north to Lot 21, Miss. View. Mt. Curve Blvd.,, east side only at 464 and 454 Mt. Curve. Finn St., both sides from Jefferson Ave. to north 141 ft. Syndicate St., east side from 110 feet so. of Minnehaha Ave. to north 60 ft. (P.O. 273015) Lester Terry of 2123 Jefferson appeared on his behalf and also on behalf of Dr. Richard Tregilgas and said they both favor the sidewalk as recommended. He asked that in those situations where some of the sidewalks are almost new that they not be replaced but that where the sidewalks are in need of repair they be moved forward on the priority list. He said that Dr. Tregilgas's retaining wall has to be relac Itpwasesuggested thisocouldwould belike donetbycoordinate contactingthat Mr. Hartley Thomasaof theimprovement. Public Works Department. Councilman Maddox moved approval of the order. Adopted. Yeas - 7 Nays - 0 C.F. No. 273159. FINAL ORDER. In the matter of reconstruction of sidewalks on streets as listed: Armstrong Ave., north side from Chatsworth St. to west 35E right-of-way. Fairview Ave., east side from Pinehurst Ave. to Highland Parkway. St. Paul Ave., south side from Davern St. to Edgcumbe Rd. St. Paul Ave., north side from Davern St. to west 140 feet abutting 1215 Davern. (P.O. 273016) Mr. Joseph Bisanz of 1889 Stanford Avenue appeared on behalf of his father Leonard Bisanz in support of the order. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273059. FINAL ADOPTION. ORD. NO. 16535. An ordinance amending Chapter 308.23 (3) of the St. Paul Legislative Code relating to the minimum age of persons permitted in intoxicating liquor establishments. Yeas - 7 Nays - 0 Adopted. Councilman Levine moved that the rules be suspended. Adopted. Yeas - 7 Nays - 0 C.F. No. 273160. Resolution ordering the correction or wrecking and removal of a building at 739 University Ave. Yeas - 7 Nays - 0 Adopted. C.F. No. 273084. THIRD READING. An ordinance amending Ord. No. 16511 designating the First Baptist Church as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. 57619. June 19th, 1979. C.E. No. 273085. THIRD READING. An ordinance amending Ord. No. 16513 designating the Benjamin Brunson House as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273086. THIRD READING. An ordinance designating the St. Paul Public Library/James Jerome Hill Reference Library as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273087. THIRD READING. An ordinance designating the McColl Bldg. as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273088. THIRD READING. An ordinance designating the Pioneer/Endicott-Midwest Bldg. as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273089. THIRD READING. An ordinance designating the st. Paul Building as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273090. THIRD READING. An ordinance designating the Minnesota Museum of Art as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273091. THIRD READING. An ordinance designating Landmark Center as a Heritage Preservation Site. Laid over to June 26th for Final Adoption. C.F. No. 273092. THIRD READING. An ordinance amending Chapter 410.05 of the St. Paul Legislative Code pertaining to Bingo applications by deleting the review procedure required by the Fire Department. Laid over to June 26th for Final Adoption. C.F. No. 273142. SECOND READING. An ordinance amending Section 311.02 (2) of the Legislative Code amending the fee for an entertainment license. Referred to the License Committee and laid over to the committee meeting of June 27th for Third Reading. Councilwoman Butler asked Assistant City Attorney Segal to research whether owner concurrence has been received for those ordinances considered today as Heritage Preservation Sites. Councilman Maddox left the meeting at this point. C.F. No. 273045. SECOND READING. An ordinance amending Chapter 25 of the St. Paul Administrative Code providing for the prohibition of gifts to city officers and employees. (Letter of Chairman of Rules and Policy Committee recommends denial). Councilwoman Showalter said the reason the ordinance was brought in was because there are some situations wherein a problem could come up in the future. She said she supposed the city had a policy in regard to this and was surprised that none existed. She noted that in private business there are some regulations. City Attorney Ed Starr said the matter was considered in committee and the committee had reviewed the state statutes prohibiting bribery and there are some differences. He said the state statutes is more refined and more strict then this ordinance and the statute states there must be proof of intent. The ordinance was laid over to June 21st for Third Reading. Discussion of possible amendment to the Human Rights Ordinance relative to the authority of the Director to waive or retain his right to criminally prosecute. (Letter of Chairman of Legislation Committee recommends referral to Finance, Management and Personnel Committee for further consideration and review.) Councilwoman Hunt said the Committee action was to review policy as far as referring matters to the state. She said before it be referred to the Finance Committee there should be concurrence from the Council as to what it wants to do. (Discussion continued to the following page) June 19th, 1979. (Discussion continued from the previous page). Councilwoman Butler said she has talked with the Mayor and he said that he would accede to the will of the Council. Council President Hozza said he would prefer a meeting of the Finance Committee as a Whole on this item and the entire matter can be explored. Councilman Levine said he believes the matter should stay here in the city rather than sent to the state. Councilwoman Hunt moved the matter be referred to the Finance Committee meeting as a committee of the whole. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco moved that the rules be suspended. Adopted. Yeas - 6 Nays - 0 C.F. No. 273161. Resolution authorizing a lease agreement at the St. Paul Municipal Stadium on July 1, 1979 with Schon Productions, Inc. for presentation of a Beach Boys concert. Adopted. Yeas - 6 Nays - 0 C.F. No. 273162. Resolution approving submission of a proposal to Minnesota Cable Communications Board requesting the Board approve the corporate boundaries of the City of St. Paul as a Cable Service territory. Councilwoman Showalter read a prepared statement in support of the resolution. Adopted. Yeas - 6 Nays - 0 Claim of Kerry Johnson, 642 S. Snelling Avenue, St. Paul, Minnesota, filed on June 13, 1979, was read. Referred to the City Attorney's Office. Claim of Evelyn Smith by Attorney Wm. A. Peters, 910 Pioneer Bldg., St. Paul, Minnesota, filed on June 8, 1979, was read. Referred to the City Attorney's Office. Claim of Clara C. Tschida, 1491 Chelsea St., St. Paul, Minnesota, filed on June 11, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Capitol Supply Co. versus the City of St. Paul. Referred to the City Attorney's Office. Summons and Complaint in the matter of David McKenzie versus the City of St. Paul and the Civic Center. Referred to the City Attorney's Office. Letter from the State Department of Revenue transmitting the application of George Hammond for Relief in assessed valuation of real estate described in application # 282086. Filed. Notice of Hearing from the State Department of Natural Resources for proposed rules for designation, classification, and management of the Cannon River from Faribault to the Mississippi River as a component of the state's wild and scenic river system. Filed. Notice of Additional Hearing from the State Department of Agriculture in proposed adoption of rules governing disposal of refuse from Transport involved in foreign commerce. Filed. Letter from the State Department of Health enclosing a copy covering the investigation of the City of St. Paul municipal water supply. Filed. Letter from the Director of Finance & Management Services reporting the petition of Leo Gadbois to rezone parts of Lot 9 and all of Lots 10 and 11, Block 16, Woodland Park Addn. is insufficient. Lead petitioner to be notified. Petition of rezone property at 389 E. Sidney, aka Lot 24, Block 16, West St. Paul Syndicate Addn. Referred to the Finance Department. 57621. June 19th, 1979. Councilman Tedesco left the meeting at this point. Petition to rezone property described as Lot 5, Block 58, Arlington Hills Addn. Referred to the Finance Department. Letter from the Valuation Engineer recommending a public hearing date for July 17, 1979 in the petition of Richard J. Paradise et al for the vacation of Fulton St. between Jefferson Ave. and the proposed parkway. Councilwoman Showalter moved concurrence with the recommendation. Adopted. Yeas - 5 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date for July 17, 1979 to consider the petition of the HRA for the vacation of Winifred, Clinton, Robie and Greenwood Streets. Councilwoman Showalter moved concurrence with the recommendation. Adopted. Yeas - 5 Nays - 0 Administrative Orders: D 4937 - Additions of $344.58 for temporary traffic signals in parts of Como, Front and Dale St. D 4938 - Deductions of $776.00 to the contract for furniture from Institutional Sales, Inc. for the City Hall Annex. D 4939 - Deductions of $505.00 to the furniture contract with Institutional Sales, Inc. for the City Hall Annex. D 4940 - Additions of $44,329.80 in the Contract II - Spring 1979 Tree Planting Contract with Jim's Tree Service. Resolution approving terms and conditions of the 1979-1980 Labor Agreements between the City of St. Paul, ISD 4625, and the United Brotherhood of Carpenters and Joiners of Am., Twin City Carpenters District Council; / employment for the period May 1, 1979 thru April 30, 1981. (First Reading) Laid over to June 26th for Second Reading and Adoption._ C.E. No. 273163. Resolution amending the Civil Service Rules by adding the title Water Service Worker -Control Desk to Section 8 under the heading "Semi -Skilled Labor" AND inserting its specifications in Section 49. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273164. Resolution amending the Salary Plan and Rates of Ccinpensation Resolution by establishing the compensation rate for the title Water Service Worker Control Desk in Section II, Subsection 0. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273165. Resolution granting Bingo Game licenses to Disabled American Veterans, St. Paul Chapter, Inc. and North End Youth Hockey Assn. Adopted. Yeas - 5 Nays - 0 C.F. No. 273166. Resolution authorizing an agreement with the County of Ramsey whereby the City will provide the County with services of a health educator for a period of one year for a $20,807.94 fee. Yeas - 5 Nays - 0 Adopted. C.F. No. 273167. Resolution authorizing an agreement with the County of Ramsey whereby the County will provide the City with adolescent health services in the Maternal and Infant Care High School Program Clinics for a one year period, City to pay $35,000 for said services. Adopted. Yeas - 5 Nays - 0 C.F. No. 273168. Resolution authorizing an agreement with the County of Ramsey whereby the City will provide the County with Public Health laboratory services for a one year period for a $2,600 fee. Yeas - 5 Nays - 0 Adopted. C.F. No. 273169. Resolution authorizing an agreement with the' County of Ramsey whereby the City will provide screening and treatment services for tuberculosis control for a $400 fee. Adopted. Yeas - 5 Nays - 0 C.F. No. 273170. Resolution suspending for thirty days on -sale non -intoxicating liquor and other licenses of Mr..Elijah Barker dba E. J.'s Bar at 628 Selby Avenue. No one appeared in response to a call from the chair. Councilwoman Butler said she has concerns as to the severity of the penality. Council President Hozza said this is not the first incident at this address and that prior to this there was what can best be described as a small riot wherein police were attacked. Councilwoman Butler asked if the owner could have controlled the situation. Council President Hozza said the br of was not part of this hearing but was the basis of a previous disciplinary actionrtecause this was a second offense it was the reason for this particular action. Councilwoman Hunt said it should be pointed out that the recommendation of the License Inspector was for sixty days and the Council reduced that figure. Roll call on the resolution. Yeas - 5 Nays - 0 Adopted. C.F. No. 273171. Resolution granting various licenses to per as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273172. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273173. Resolution granting sewer service refund to firms as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273174. Resolution granting the petition of the Metropolitan Transit Commission for the vacation of a portion of Railway Place. Nays - 0 Adopted. C.F. No. 273175. ion o£ ISD #625 and the City of St. Paul for the Resolution granting the petit vacation of part of Sheridan Yea ue. Nays - 0 Adopted. C.E. No. 273176. Resolution authorizing payment of $30,200.00 to Wilder Foundation for parts of Victoria and Lafond St. Addn. AND part of vacated Blair St. as listed needed for the St. Anthony Storm Sewer Project. Adopted. Yeas - 5 Nays - 0 C.F. No. 273177. ading and paving of the East-West alley in Block , Preliminary Order for the gr t St. to the east line of Lot 21 in Block 7, Morton's Addn. from Arkwr-gh ALSO grade and pave the proposed north -south alley in Lot 22, Block 7, AND setting date of public hearing for July 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273178. widenin and extending the North-South Preliminary Order for the opening, S alley by taking an easement for alley purposes on, over and across tseAddn. Westerly 18 feet of the Easterly 28 feet of Lot 22, Block 7, AND taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the East-West alley from the East line of Arkwright St. to the extended East line of Lot 10, Block 7 AND the proposed North South alley on, over and across the Westerly 18 feete f the Easterly 28 feet of Lot 22, Block 7, Morton's Addri. AND setting public hearing for July 17, 1979.Yeas - 5 Nays - 0 Adopted. C.F. No. 273179. of Preliminary Order for the reconstruction of sidewalks on partsRas IiAldine Summit, Randolph, and E. Nevada Avenues and parts of N. Dale, and Herschel Streets AND setting sdate of public hearingys - 0 r July 17th. Adopted. C.F. No. 273180. Preliminary Order for the reconstruction of sidewalks onthe ESEsside ideoof W. 7th St. from Bay to Watson Streets (eliminate areaways) AND the St. from Sherburne to Charles Avenues (eliminate areaways) AND setting date of public hearing for July 17, 19Yeas 79. 5 Nays - 0 Adopted. 57623. June 19th, 1979. C.F. No. 273181. Preliminary Order for the reconstruction of sidewalks on the following; North side of Como Avenue from B.N. Railroad Bridge to Atwater St.; west side of Rice St. from University to Sherburne Avenues, and NW side of W. 7th St. from Bay St. to Randolph Ave. abutting 1077-1093 W. 7th St. and setting date of public hearing for July 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273182. Preliminary Order for the reconstruction of sidewalks on the following: west side of Cleveland Ave. from Marshall Ave. to south 200 feet; north side of Ashland Ave. from Dale St. to west 240 feet; east side of Milton Ave. from Palace Ave. to south 127 feet and both sides of E. Hawthorne Avenue from Hazel to Van Dyke Streets AND setting date of public hearing for July 17. Adopted. Yeas - 5 Nays - 0 C.F. No. 273183. Preliminary Order for the reconstruction of sidewalks on the south side of Field Avenue abutting 2004 Field Ave. AND setting date of public hearing for July 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273184. Preliminary Order for the construction of sidewalks on the east side of Griggs St. from vacated Stanford Ave. to north 33 feet + at 296 S. Griggs AND setting date of public hearing for July 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273185. Resolution approving assessment for the grading and surfacing the alley in J. R. Barton's Addition from Milton St. to Palmer Place AND setting date of public hearing for July 17, 1979. (P.O. 268660) Adopted. Yeas - 5 Nays - 0 C.F. No. 273186. Resolution approving assessment for the grading and surfacing the alley in McAnulty and Shea Addn. from Kilburn St. to 176 feet west AND setting date of public hearing for July 17, 1979. (P.O. 268658) Adopted. Yeas - 5 Nays - 0 C.F. No. 273187. Resolution approving assessment for the grading and surfacing of the alley in Block 7, St. Anthony Park North ALSO construction of a sewer in an easement over Lot 18 in said Block 7 AND setting date of public hearing for July 17, 1979. (P.O. 268806) Adopted. Yeas - 5 Nays - 0 C.F. No. 273188. Resolution approving the Agency Agreement between the City and HRA for implementation of certain CD Year V activities. Adopted. Yeas - 5 Nays - 0 C.F. No. 273189. Resolution setting a public hearing date for July 3, 1979 on the Community Development Program Year V Redevelopment Plan. Adopted. Yeas - 5 Nays - 0 C.F. No. 273190. Resolution approving assessment for construction of the Maria -Third & Cypress St. storm sewer systems AND setting date for public hearing for July 17, 1979. (P.O. 255309 and 255310) Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt said John Connelly has always been very .effective in obtaining reimbursement for the School District from the State on challenges to the sale ratio formula figures. She said the School Board has no personnel for this type of activity. She said the matter has been discussed with Mr. Ken Berg of the School Board and he said they would be willing to reimburse John Connelly for his time if he would be willing to continue doing sales ratio formula work for the School Board. Councilwoman Butler moved John Connelly be allowed to work with the School Board on the matter and that the School Board reimburse the city for Mr. Connelly's time. Adopted. Yeas - 5 Nays - 0 (Continued discussion on the following page). ne 19th, 1979. 57624 (Discussion continued from the previous page). Councilwoman Hunt said she would write a letter to Mr. Berg to this affect. Councilwoman Hunt said she had some concerns on the lack of decorum on the part of TV newspersons in particular who cover the City Council Meetings. Ha sentiment was echoed by Council President Hozza. Councilwoman Hunt moved the matter of establishment of some possible procedures for dealing with the conduct of TV personnel at Council sessions be referred to the Rules and Policy Committee. Roll call on the motion. Adopted. Yeas - 5 Nays - 0 i Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 Copies sent to Councilmen -V /a Minutes approved by Council /% 57625 .� MINUTES OF THE COUNCIL 9:00 A.M. June 20th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councilmen Butler, Maddox, Showlater, Tedesco and President Hozza ... 5 Absent - Councilmen Hunt, Levine ... 2 (Councilman Levine arrivng e mat a point during the meeting; Councilman Maddox left at a point C.F. No. 273143. SECOND READING. An Ordinance amending Section 308 of the Legislative Code to permit the Council to reconsider the request for re -transfer of a license on submission of an affidavit and surety bond. Councilman Maddox moved to table the ordinance because he said he hoped to sell the Blue Chip soon and this ordinance has an effect on his business relations. Councilman Maddox said he thinks the ordinance is desperately needed but in view of the potential and possible conflict of interest situation he asked the ordinance be withdrawn. It was so ordered. Soccer Club, Inc., 408 Main Street, 52 Periods. (Hubert Bingo Application - St. Paul J. Wegele, Finance Officer, and Peter Silberbauer, Manager, notified to attend). Councilman Maddox moved approval of the application. Adopted. Yeas - 5 Nays - 0 C.F. No. 273191. Resolution granting Bingo Games License to Ravoux General Assembly, 4th Degree Knights of Columbus at 408 Main St. (Letter of License Inspector recommending approval was read). yeas - 5 Nays - 0 Adopted. Gambling Application - Saint Paul -Ramsey Arts and Science , Jr. 3MEast Tenth et, anager, notified 1 Session. (Frank Marzitelli, President, and James D. Borland, , to attend).roval was read. Letter of the License Inspector recommending app Councilperson Butler moved approval.Yeas - 5 Nays - 0 Adopted. C.F. No. 273192. Resolution granting the transfer of On Sale AND Sunday On Sale Liquor License AND transfer of Restaurant and other licenses from Nickel, Inc. and Martha O'Connor at 501 Blair Ave. to Nickel Joint, Inc. at the same address. (Letter of the License Inspector recommending approval was read). Adopted. Yeas - 5 Nays - 0 C.F. No. 273193.Inc. at Resolution granting the transfer of On Sale Liquor License from Kelly's Pub, k Theatre, Inc. at the same address. (Letter of the License 11 W. Tenth Street to Shamroc Inspector recommending approval was read). Yeas - 5 Nays - 0 Adopted. Councilman Levine arrived at this point. C.F. No. 273194. Resolution granting tranfer of On Sale Liquor AND Sunday On Sale Liquor Licenses AND transfer of Restaurant, Tavern and other licenses from Lenahans;, N. Western Ave. to Wilebski Brothers, Inc. at the same address. (Letter of the License Inspector recommending approval was read). Adopted. Yeas - 6 Nays - 0 Application for forty Taxicab Licenses to Green and White Taxi Cab Company, 169 Grand Ave. (James C. Issaacson, President, notified to attend). Joseph Carchedi, License Inspector, responded to a question of Council President Hozza and said that a hearing has not been held on the need for additional cabs. (Discussion continued to the following page). 57626.V June 20th, 1979. (Discussion continued from the previous page). Council President Hozza said it seems to him this application is contingent on that hearing. Councilman Maddox said it had been agreed that some kind of study would be put together to determine the need and he reminded the Council that the question of need had an impact on the recent taxicab fare increase. He said the Yellow Cab Company should be instructed that they should not take the rate increase lightly and that he still thinks some of the cabs should not be allowed on the street. He said he thinks an effort has been made to clean up the cabs but it is not being done fast enough. Councilman Maddox moved to table this application until the public hearing on need has been established. Council President Hozza asked that Mr. Carchedi have a hearing on the need and on applicatMis/and asked what has been the procedure in the past. Mr. Carchedi said the survey has been completed and will be submitted in the next week. He said it would be up to the cab company to satisfy need. He said any date the Council sets for a hearing is satisfactory. Councilman Maddox said the intent of his motion was not to stifle debate but it does not make sense to hear presentation from Mr. Isaacson and then have to hear the same presentation in the next two to three weeks at a hearing. He said he would not be prepared to vote on the matter today. Mr. Isaacson said he does not wish to make a presentation at this time and would reserve his comments for the hearing. Councilman Maddox moved the public hearing on need be set for July 11, 1979 and the hearing on the application of the Green and White Taxicab Company be set for July 18, 1979. Adopted. Yeas - 6 Nays - 0 Application for Taxicab License to Daniel D. Parker, 755 Payne Avenue. (Daniel D. Parker notified to attend). Councilperson Butler recalled that a previous license application of Mr. Parker was denied and she asked the legal condition for submission of new applications. Assistant City Attorney, Terry Garvey, said he does not believe there is a legal basis to deny the right of a person to make repeated applications upon denial. Councilman Tedesco said the hearing for July 18th, 1979 for the Green and White Taxi- cab Company application should also include this application and at that time the Council can determine if Daniel Parker does not have the wherewithal to conduct the business. Councilperson Butler said her point is that three weeks ago the Council decided he did not have sufficient financial means. e denial of the Parker application..the public President Hozza said that at the time of th hearing to determine need had not been held. He noted there will be a hearing on July 11th, 1979 and he said it seems to him there should be a public hearing on this matter then. He said the Council can take whatever action it wants but his recollection of the matter is that the denial is based on the need criteria. Councilman Maddox moved denial of the application. CouncH_person Butler said the basis for a denial was that Mr. Parker did not have the capability of putting the cabs on the street. Mr. Garvey said the denial was based lack of necessity and the Council did not weigh the merits of his application. Councilman Levine requested the record indicate the applicant is not in attendance this morning. Roll call on Councilman Maddox's motion to deny the application. Adopted. Yeas - 4 (Butler, Levine, Maddox, Showalter) Nays - 2 (Tedesco, President Hozza) Public Hearing on the On Sale Liquor License to and C-2 Restaurant License issued to Dacotah Corporation, doing business as W. A. Frost at 374 Selby Avenue. (Suspension of On Sale Liquor License and denial of renewal application for C-2 Restaurant recommended by the Division of License and Permit Administration). Mr. Carchedi said he had been notified on Monday that the W. A. Frost people had complied with major difficulties and that Doctor Cox has suggested the matter be laid over until the next inspection period. Councilperson Showalter moved the matter be laid over indefinitely (this at the suggestion of Mr. Carchedi). Adopted. Yeas - 6 Nays - 0 Councilman Maddox left the meeting at this point. Discussion on parking lot on North End Improvement Club at 1079 Rice Street. Joseph Prifrel, 1074 Woodbridge, appeared as representative of the North End Improve- ment Club. He reviewed the history of the problem which surrounds the City's insistence that the fence be built ten feet in from the alley line rather than on it. He noted other businesses in the area all have their fences on the property line. ' (Discussion continued to the following page). 57627.✓ ` 1979. June 20th, (Discussion continued from the previous page). Most of the discussion centered around the fact that one neighbor, Mr. Sattler, had his objected to the lights from.the parking lot shining i nto Councilman Tedesco said -he surveyed the area and noted too that all the garages were g on the alley line and that there is a telephone pole ten feet back which acts as a sort of barrier. Councilman Tedesco said if a waiver is needed he would be glad to make a motion to that effect. ney how the Council should proceed legally. Council President Hozza asked the City Attor Mr. Ed Warn of the Planning Department said when the matter was last left in February / of 1979 the North End Club was in agreement with the neighbors and the presence of a fence being either on the alley line or ten feet in was not discussed. Micheal Sattler, 1090 Albemarle, said that when the matter was before the Appeals Board they directed a compromise be reached and that the compromise should satisfy the Building Department. He said Mr. Amey decided the fence should be moved in ten feet for sight distance. Mr. Sattler said personally he does not care where the fence is placed. (Councilman Maddox returned to the meeting at this p Councilman Tedesco moved the fence beallowed to be battlerbuilt nand the the lNorthey nEndsImprove- previously agreed to as previously agrbY ment Club. Councilperson Butler asked if there where not a legal process in giving a variance. Ed Starr, City Attorney, said his understanding is the Board of Appeals has acted and if there were to be a variance he would prefer to go to the office and check the legal status of the procedure. Ed Warn said he is comfortable with the motion and said there -might be some sight problems but inasmuch as the speed limit for alleys is ten miles per hour there should not be a problem. It was suggested that Mr. Warn and the City Attorney work together on the drafting o a resolution implementing Councilman Tedesco'motion. Roll call on Councilman Tedesco's motion to all low the fence to be built on the alley line. Adopted. Yeas - 6 Nays - 0 Councilman Maddox left the meeting at this point. Councilperson Showalter moved Councilperson Hunt be excused from today's meeting. Adopted. Yeas - 5 Nays - 0 Councilperson Showalter moved the meeting be adjourned. ATTEST: d City Cleik. Copies to Councilmen 7 Minutes approved by Council 7/L/% J 57628. MINUTES OF THE COUNCIL 10:00 A.M. June 21st, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Council President Hozza at 10:10 A.M. Present - Councilmen Butler, Levine, Maddox, Showalter, President Hozza ... 5 Absent - Councilmen Hunt, Tedesco ... 2 (Councilmen Hunt and Tedesco arrived at a point in the meeting) Approval of minutes of City Council Meetings for May 29, 30 and 31 and June 5, 6, and 7, 1979. Councilman Levine moved approval of the minutes. Adopted. Yeas - 5 Nays - 0 Mr. Frank Hammond of Operation '85 made a presentation concerning the Downtown People Mover. He said that since the rejection by the state of the legislation two members of the committee have spent some time on the People Mover Project and they have come up with some conclusions. Mr. Hammond said that as a general observation there has been nothing in a long time which has generated such interest in the city as the People Mover Project and he said the city should capitalize on this interest. He said there has been too much money spent to simply write it off. He noted that almost 2 million dollars have been spent thus far. Mr. Hammond said that although it is true the House of Representatives would not % support the project a number of other persons and/or organizations did spend alot / of time studying the matter. He cited Senator Stout, other governmental agencies, the Operation '85 Steering Committee and Operation '85 Organization itself, the Chamber of Commerce, the Downtown Council and the Lowertown Commercial Club. Mr. Hammond said it is true the Legislature refused to add a capital support for the project and it is true a number of other commitments are still in place including the city's 3 million dollars and the federal funding. He said it is a curious fact that Operation '85 never did consider capital costs a problem. It always felt the funding would be recaptured. He said that what it was concerned with at the time were the operating costs and the private sector agreed to provide a goodly portion of that. He presented a prepared statement (part of the record) which asks for a ninety day extension to study the project further and asked the Council to ask the Federal Government to keep its commitment in place for the time. Mr. Hammond said they will report back to the Council at the end of the ninety day period. Councilman Maddox moved the ninety day extension be granted. Councilman Maddox said one of the things that bothers him is that parking seems to be interwoven with the People Mover Project. He said that parking is an immediate problem but some people are hesitant to make a commitment to the parking problem. Councilman Maddox said he hopes that in looking at the total concept of the People Mover another way of doing it other than reliance on the Legislature is explored. Councilman Levine said he supports the motion and he commended Operation '85 on its effort. Councilman Levine said it must be pointed out that the downtown is not independent of the rest of the city and what he saw come out of this potential development was inspiring. He said that what would have spilled over from the development would have accrued to the rest of the city. He said he does not think the development aspect should be overlooked and that is the reason the federal government is looking to spend funds for the project. Councilwoman Hunt and Councilman Tedesco arrived at this point. Councilwoman Butler said she supports the motion because she sees no harm in doing it but she would like to caution Councilmen Levine and Maddox that the public does not support it and if the project is as great as everyone says it is then she thinks the public will have to be educated. Council President Hozza responded to a question from Councilwoman Hunt that he thought a resolution would be the appropriate action. Councilwoman Hunt said she is not prepared to support that resolution and other ' kinds of circulatory solutions would go along way toward solving the transportation problem. She said there was an intensive educational process but that was not enough. (Discussion continued to the following page). \ 57629 June 21st, 1979. (Discussion continued from the previous page). Councilman Levine said this came at a time when the bus fleet was breaking down in the winter and people were asking how can we support public transportation in the light of that. He referred to the circulatory problem and said the Council found the old QT bus was not satisfactory because when it got caught in the traffic it just did not work. Councilman Levine said the QT was one of the biggest losers in the transportation program. He said the program was scrapped and the dime zone was brought in. Councilman Levine said we need this kind of program to tie in the whole development program. Councilwoman Showalter said she supports the motion and nothing helps the cause more then the long lines of people now waiting for gas. Councilwoman Butler asked Council President Hozza what would be the effect of the resolution because the City Council also has a commitment. Council President Hozza said that at some point the Council would be asked to keep its commitment in place and encourage UMTA to maintain its commitment. He said the resolution would simply state in writing that the Council does not want UMTA to withdraw its support within ninety days. Councilwoman Butler questioned whether anything had to be done and Mr. Hammond said it would be nice to send something in writing to Washington. Councilman Maddox said if there will be a look taken at some of the parking problems that will arise in a year and a half then he can support it but if it is just another optional presentation for the people mover then he would not offer the motion. Councilman Levine mentioned several cities which he said are just waiting in the wings and he said the federal government will send money to those communities that want it. Councilman Levine said it is unusual to have a program which will realize as large a return as �:<`-�-*00;`million dollars in development that would come from the 90 million dollars spent. Roll call on Councilman Maddox's motion to grant the ninety day extension. Adopted. Yeas - (Butler Levine, Maddox, Showalter, Tedesco, President Hozza ... 6) Nays - (Hunt ... 1) Hearing to consider the appeal of Ray Koehnen to an order of the Housing and Building Code Enforcement Division with respect to property at 521 Whitall. Mr. Staffenson of the Housing and Building Code Enforcement Division reviewed the history of the order. Said it had been instituted last year but because of winter conditions was suspended. Mr. Staffenson said it is being instituted again this year and he distributed j pictures of the conditions existing on June 19th on the property. Mr. Koehnen, 1035 Charles, said he bought the property about five years ago. He said he is a contractor and the property was used for storage of equipment. He said kids have torn the place apart but he is starting to clean up the debris. He.said the property could be cleaned up in thirty days. He said he has the contracts right here. Council President Hozza asked Mr. Staffenson if this would be satisfactory to him and if the Council were to approved the order today he asked how long before the Public Works did the clean up. Mr. Staffenson said the Public Works Department is about two weeks behind. Councilwoman Butler moved the appeal be denied and Mr. Koehnen be given thirty days to clean up the property at that time and should this not be accomplished the work should be assigned to the Public Works Department. Adopted. Yeas - 7 Nays - 0 Hearing and Resolution to consider the advisability of ordering the correction or wrecking and removal of a building at 539-541 Laurel. John Bishoff of 953 Ashland said he is in the process of obtaining a building permit. Mr. Tom Stroecher of the Building and Housing Code Division said he recognizes Mr. Bishoff as owner of the building and that Mr. Bishoff has done a significant work with the rehabilitation. He told Councilman Levine the building has been secured to departmental satisfaction. Councilman Levine moved that the matter be laid over sixty days to August 28th for a progress report. Adopted. Yeas - 7 Nays - 0 Hearing and Resolution to consider the correction or wrecking and removal at 454 Edmund. Tom Stroecher of the Housing and Building Code Division said the house has been broken into several times and there are significant piles of debris on the property. He said the building is not fit for habitation. He said this action has been taken (Discussion continued to the following page). J 57630. \June 21st, 1979. (Discussion continued from the previous page). to start demolition or to get rehabilitation. Mr. Bob Thissen made a promise to clean up the property. Myra Waldo of 766 Iglehart said she has applied for rehabilitation loan or grant to fix up the house and she will know whether it has been accepted by the end of the month. She said she is quite sure she will get it because the energy part of the loan requirements have been approved. Councilwoman Hunt moved that the matter be continued two weeks to July 10, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273195. Hearing and Resolution approving the street and Highway Plan as amended and submitted by the Public Works Department. Mr. James Bellus gave a presentation of the Streets and Highway Plan. Samual Morgan of the Legal Firm of Briggs and Morgan said he is an active member of the Planning and Development Commission and he directed his remarks to the downtown aspect of the proposal. He said he supports the proposal for the connection between Warner Road and the Arch Pennsylvania Right -of -Way. He said he wished to emphasize several important advantages to have the Department of Public Works proceed with the engineering aspects quickly. He said this would solve the truck traffic problem in downtown, particularly the problem arising from many trucks coming from the southwest. He noted particularly the grain trucks and the piggy back trucks winding their way up through Sibley and thence through 8th and the area to the north. He said if this can be corrected it would give a terrific boost to the lowertown development. He said that with the removal of so many railroad tracks a substantial amount of land will be available for commercial and residential development and thus help the tax base. Mr. Morgan made a plea for a prompt 35E EIS and he said this street and highway plan would help in that controversy. He asked for immediate allocation of funds to get the project off the drawing boards. Donald Nygaard, Public Works Director, said the project is an 11 to 12 million dollar project (this in response to a question from Councilwoman Butler). He said this is a very recent project and arose from the investigation of the lowertown development and the apparent heavy truck traffic. He said at this point they have made a top / priority request to the CIB for a feasibility study. He said the point is that the planning design matter and the land opportunity is a high priority item from the department and the administration stand point. Ms. O'Toole said District Council No. 17 supports the plan. Bill Eiden, General Manager of Donaldsons Department Store, spoke as Chairman of the Operation '85 Street and Traffic Committee. He said this group consists of people who have more than a typical interest in the Oxford Project and their concern is that when there are out of town visitors there might be a possibility of a problem because of detours and construction that might get them discouraged and they might not come back for five years. He said we have to give visitors the best that we can provide in the way of conveniences and the by-pass will certainly be an improvement to relief congestion in Downtown St. Paul. Councilwoman Butler said the Department of Public Works recognizes this and its calendar provides for acquisition in 1980 with completion in 1981. She said Operation'85 would like to move the project calendar ahead.one year. Kathy Zieman, 991 Jameson, submitted a petition of 22 names of persons concerned with the impact of possible increased traffic on Front Street due to the projected Port Authority proposal in connection with the Koppers Coke property site. She noted there is a senior citizen highrise on Front Street and the businesses on Front Street also are concerned from possible truck and commuter traffic and their impact on the neighborhood. She asked if there would be a widening and improvement of Front because of the development. Ms. Zieman said also the DeCourcy Road is already congested. She said the project is an asset but wants the Council to address its concerns to the Port Authority and the Public Works to look to the possible effect on Front Street of the development of the Koppers Coke site. Emil Krizek of 98 E. Rose Avenue said Jackson is suppose to be a collector street according to the map and it is being used as a truck route. He requested that police be directed to tag people who are using the street as a truck route. Mr. Krizek noted there is a sign saying no truck route. Mr. Krizek also mentioned the possibility of increased truck traffic due to the proposed Port Authority terminal warehouse in the area. Council President Hozza noted the proposed warehouse is upcoming on a Port Authority agenda and he requested Mr. Krizek to discuss his problems with Mr. Nygaard of the Public Works Department and said that Mr. Nygaard would look into Mr. Krizek's apprehensions with the Port Authority and the Traffic people. Jerry LaCasse, President of District 11 Coalition and a resident at 1676 Van Buren, , said the Kasota Road and completion of the Transfer Road Project was a necessity and a viable step to facilitating traffic and this will open the possibility of light (Discussion continued to the following page). Councilmen Levine and Maddox left the meeting at this point. \June 21st, 1979. 57631 (Discussion continued from the previous page). industrial development and District 11 is hopeful that the Port Authority will proceed with its industrial development plans. Jack Hawley of the lowertown development said he is in favor of the action to begin to study the by-pass. He said the Lowertown Development Corporation is this week going to contract for the design of the first major development in lowertown and the truck traffic is a major problem and will significantly impact on the plans for the area. He asked the Council to take early action to commit its resources or direct the Public Works to take design steps immediately and he noted the possibility of other public funds to help intheproject. Ms. Geri Jenkins of District No. 12 supported the proposal and asked that4niversity be requested to facilitate its efforts to get the monies available to them. Councilwoman Butler moved.revision of the two maps on pages 15 and 23 in the street and highway plan to show Thomas Avenue as a collector street between Snelling and Fairview Avenues.& the 7th & 8th St. "switchback" be referred to the Public Works Committee. Adopted. Yeas - 5 Nays - 0 It was noted the Public Works Committee will keep abreast of developments in the Kasota-Front areas and watch for traffic impacts by projected Port Authority redevelopment projects still to be formulated and the new Como High School. C.F. No. 273045. THIRD READING. An ordinance amending Chapter 25 of the St. Paul Administrative Code providing for the prohibition of gifts to City Officers and Employees. Laid over to June 28th for Final Adoption. C.F. No. 273196. FIRST READING. An ordinance amending Chapter 64 of the Administrative Code pertaining to the levying and collection of special assessments for local improvements and increasing the interest rate from 6% to 8% per annum in Chapter 64.04, Subdivision 1. (Finance Committee recommends approval). Laid over to June 28th for Second Reading. Claim of Peg Arne, 2345 Woodbridge Avenue, Roseville, Minnesota, filed on ` June 15, 1979, was read. / Referred to the City Attorney's Office. Claim of J. D. Brigham by Attorney Lawrence D. Olson, Northern Federal Bldg., St. Paul, Minnesota, filed on June 15, 1979, was read. Referred to the City Attorney's Office. Claim of Bentura Garcia by Attorney Roger A. Christianson, 8th Floor, St. Paul, Minnesota, filed on June 13, 1979, was read. Referred to the City Attorney's Office. Claim of General Accident Group, 4600 W. 77th St., Minneapolis, Minnesota, filed on June 15, 1979, was read. Referred to the City Attorney's Office. Claim of Lori Prest, 4305 - 40th Avenue So., Minneapolis, Minnesota, filed on June 18, 1979, was read. Referred to the City Attorney's Office. Notice of Hearing in the application of the Potlatch Corp. for a Solid Waste Disposal Permit and a Variance for the operation of a solid waste disposal site located in Carlton Co., Minnesota. Filed. Notice of Hearing from the Minnesota Pollution Control Agency in the proposed amendments to the rules granting an exemption for sparsely populated areas from certain sanitary landfill operating standards. Filed. Notice of Hearing from the State Dept. of Corrections in proposed rules establishing minimum standards for adult halfway houses and group foster homes. Filed. Notice of Hearing from the State Pollution Control Agency in proposed adoption of amendments relating to the control of the emissions of hydrocarbons. Filed. Letter of the Valuation Engineer reporting the petition of the St. Paul Jewish Community Center and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for the vacation of a portion of Wheeler St. is in proper form. Councilman Maddox returned to the meeting at this point. J 57632. June 21st, 1979. Letter of the Heritage Preservation Committee submitting the following sites for consideration to designation as Heritage Preservation Sites: St. Joseph's Academy Burbank -Livingston -Griggs House Alexander Ramsey House Frank B. Kellogg House Summit Terrace (F. Scott Fitzgerald Rowhouse) Rochat Louise-Sauerwein Block Councilwoman Hunt moved that the matter be referred to the City Development and Transportation Committee. Administrative Orders: D 4941 - Payment from the Workers' Compensation Account of $3,657.50 to Edward Bray, Dept. of Fire and Safety Services Employee. D 4942 - Payment of $568.80 from the Worker's Compensation Account to Gregory Miller, Dept. of Police Employee. D 4943 - Payment of $1,181.25 from the Workers' Compensation Account to John DeNoma, Dept. of Police Employee. D 4944 - Payment of $1,463.03 to Gene P. Bradt for performance of legal services arising from a Workman Compensation Claim of Verner Samuelson, Dept. of Public Works Employee. D 4945 - Addition of $980 to the contract for the Sewer Maintenance Bldg. at 419 Burgess. D 4946 - Addition of $218.50 for removal of a tree at the Merriam Park Community Bldg. Addition. D 4947 - Addition of $224 for installation costs of rail water overflow scuppers at the Merriam Park Community Center. Resolution approving terms and conditions of the 1979-1980 Maintenance Labor Agreements between the City of St. Paul and the ISD #625 and the Main Cities Glaziers and Glass Workers Local 1324, employment for the period June 1, 1979 thru May 31, 1981 (First Reading; Finance Committee recommends approval) Laid over to June 28th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Administrative and Procurement Assistant in Section 6, Grade 14, under the heading Professional Administrative Group AND inserting its specifications in Section 49. (First Reading; Finance Committee recommends approval) / Laid over to June 28th for Second Reading and Adoption. / Resolution amending the Civil Service Rules by inserting the title Vendor Assistance Analyst in Section 6, Grade 5 under the heading "Professional -Administrative" Group AND amending Section 49 by inserting its specifications. (First Reading;. Finance Committee recommends approval) Laid over to June 28th for Second Reading and Adoption. C.E. No. 273197. Resolution approving the application of the HRA for abatement of taxes and assessments and cancellation of assessments as described in Property Taxation Application No. 95374. Adopted. Yeas - 6 Nays - 0 C.F. No. 273198. Resolution amending the 1979 Budget and transferring $10,037 from Contingent Reserve -General to City Attorney -Salaries. (Funding for one additional Legal Assistant II; Finance Committee recommends approval). Adopted. Yeas - 6 Nays - 0 C.F. No. 273199. Resolution transferring $15,000 from Contingent Reserve -General to Information and Complaint Office. (Funding for one additional staff member and for telephone and office expenses; Finance Committee recommends approval). Adopted. Yeas - 6 Nays - 0 C.F. No. 273200. Resolution transferring $8,818.18 for budget line item change for District 8 Planning Council. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 273201. Resolution transferring $1,000 from Contingent Reserve -General to Dept. of Community Services -Division of Parks and Recreation; Investigation. (Funds to be used for information leading to the apprehension of persons involved in the killing of Kuma, a polar bear at Como Zoo) Adopted. Yeas - 6 Nays - 0 \ June 21st, 1979. 57633 C.F. No. 273202. nts by the Mayor of persons as listed to the Resolution approving appointme St. Paul Housing and Rehabilitation Program Advisory Committee for terms to expire on March 29, 1981. Yeas - 6 Nays - 0 Adopted. C.F. No. 273203. nts by the Mayor of persons as listed to the Resolution approving appointme the Handicapped for terms commencing June 1, 1979 Mayor's Advisory Committee on and ending May 31, 1981. yeas - 6 Nays - 0 Adopted. C.F. No. 273204. Resolution approving payment of $22.87 to W. R. Seaberg and $412.13 to State Farm Ins. Co. and Elaine Rademacher from the Tort Liability Fund in settlement of their respective claims. yeas - 6 Nays - 0 Adopted. C.F. No. 273205. Resolution approving assessment f a4,eBlock lidAnderson'steasement Addn. ALSO atemporary .and across part of Lots 1, 2, 3, and construction easement on both sides of the above described easement AND setting date of public hearing for July 24, 1979. 79.6 (Under P•O. 272612) Adopted. Yeas C.F. No. 273206. widening and extending Field / Resolution approving assessment for the opening, /// Ave. by taking permanent street easement over property as described ALSO the condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading of proposed Field Ave. from Prior Ave. to approximately 627 feet East AND setting date of public hearing for July 24, 1979. (Under P.O. 272251) yeas - 6 Nays - 0 Adopted. Councilman Maddox returned to the meeting at this point. Resolution relating to Residency Requirements for City Employees. (Legislative Committee report accompanies resolution) Councilman Maddox moved that the resolution be referred to the Civil Service Commission. Nays - 0 Adopted. Yeas - 7 y Council President Hozza said he has received communication from the Ramsey County Bar Association that they have appointed three persons to work with the Council on the appointment of a special investigator. Councilman Maddox said this has been going on and on and asked why Council President Hozza could not just meet with the Bar Association and bring the recommendation back to the Council. He made a motion to that affect. Council President Hozza pointed out that the committee may not get into the business of appointments but rather just consider the matter of procedures. Councilman Maddox moved that Council President meet with the Bar Association and bring any recommendations back to the Council. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that Councilman Maddox be excused from City Council Meetings of July 5 and 6, 1979.- 6 Nays - 0 Adopted. Yeas Councilwoman Showalter moved that Yeas the meet Adopted. adjourned. Nays - 0 Copies sent to Minutes approved by J 57634. MINUTES OF THE COUNCIL. 10:00 A.M. June 26th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:07 A.M. Present - Councilmen Hunt, Showalter, Maddox, Mr. Vice President Tedesco...4 Absent - Councilmen Butler, Levine, President Iiozza... 3 Hearing was held to consider the advisability and necessity of ordering the correction or wrecking and removal of a structure at 623 Laurel Avenue. Mr. Strohkirch of the Housing and Building Code Enforcement Department said this matter was delayed for nire months in October of 1978 and the building is still vacant and boarded with one opening and the recommendation of the department is to proceed with condemnation. Mr. Vice President Tedesco asked if anyone was present representing the owner and no one appeared. Councilwoman Hunt moved that the City Attorney be requested to prepare the proper resolution ordering the correction or wrecking and removal of the structure. Adopted. Yeas - 4 Nays - 0 Hearing was held to consider the petition of the Housing and Redevelopment Authority for the vacation of parts of Andrew, Prescott and Morton Streets, parts of Brown Avenue and parts of the alley in Block 15, West St. Paul Real Estate and Improvement Syndicate Addition No. 2 and the alley in Block 33, Linse and Zimmerman's Rearrangement of Blocks 33 and 34 of Brown and Jackson's Addition to West St. Paul. A report of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. Councilwoman Hunt moved that the City Attorney be requested to prepare the proper resolution granting the petition. Adopted. Yeas - 4 Nays - 0 Hearing was held on the petition of the City of St. Paul for the vacation of the Old Hazel Park Pumping Station Site. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. Jean King, 1174 Breen, filed a petition of twenty-four neighbors requesting that the land remain a free and open walkway to Maryland Avenue. At the question of the Council, Mr. Eggum said the vacation is requested by the Water Department to release its interest in the property and the vacation won't necessarily eliminate the walkway and it could be approved without a future sale. Another lady appeared and referred to difficulties of handicapped people to get to Maryland Avenue. It was again noted that the vacation proceedings is the first step to release the Water Department from the property and the future of the site could be decided at a later date. Councilwoman Bunt moved that the City Attorney be requested to prepare the proper resolution granting the petition. Adopted. Yeas - 4 Nays - 0 Hearing on the petition 'of James P. Snavely, et al, for the vacation of a portion of So..Wheeler Street north of Morgan Avenue and adjoining Lot 1, Block 2, and Lot 14', Block 1, Granport Addition. A fetter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. Mr. Snavely appeared in support of his petition and Mr. Vice President Tedesco noted that there is opposition and the matter should receive a hearing one week from today. Councilman Maddox moved that the matter be laid over for one week to July1979. 3, Adopted. Yeas - 4 Nays - 0 57635. \ June 26th, 1979. FINAL ORDER. In the matter of grading and paving. and constructing concrete curb and gutter and storm sewer in California Avenue from Payne Avenue to Parkway Drive, under P.O. 272868. Councilwoman Hunt moved that this order and the following three orders pertaining to improvements on California Avenue be laid over for one week to July 3, 1979. Adopted. Yeas - 4 Nays - 0 FINAL ORDER. In the matter of constructing a sanitary sewer in California Avenue from Payne Avenue to Greenbrier St., under P.O. 272869. Laid over to July 3, 1979. FINAL ORDER. In the matter of constructing a water main and water service connections on California Avenue from Payne Avenue to Parkway Drive, under P.O. 272870. Laid over to July 3, 1979. FINAL ORDER. In the matter of condemning and taking an easement for slopes, cuts and fills in connection with the improvement of California Avenue from Payne Avenue to Parkway Drive, under P.O. 272871. Laid over to July 3, 1979, C.F. No. 273207. FINAL ORDER. In the matter of improving Summit Avenue from Syndicate Street to Griggs Street, under P.O. 273051. No one appeared. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 4 Nays - 0 C.F. No. 273208. FINAL ORDER. In the matter of improving Emerald St. from I.S. 94 Frontage Rd. to University Avenue, under P.O. 273052. No one appeared. Councilwoman Showalter moved approval of the order. Adopted. Yeas - 4 Nays - 0 Councilman Maddox moved that the rules be suspended to consider two resolutions that appear later on the agenda and relate to Emerald Street. Adopted. Yeas - 4 Nays - 0 C.F. No. 273209. Resolution approving Plans and Special Provisions for the improvement of Emerald Street from I.S. 94 Frontage Rd. to University Avenue. Adopted. Yeas - 4 Nays - 0 C.E. No. 273210. Resolution authorizing an agreement between the City of St. Paul and the City of Minneapolis providing for the disposition of costs incurred in the improvement of Emerald St. from I.S. 94 Frontage Rd. to University Avenue. Adopted. Yeas - 4 Nays - 0 C.F. No. 273211. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement for slopes, cuts and fills in connection with the improvement of the alley in Block 2, Como Addition, under P.O. 272546. No one appeared. Councilwoman Showalter moved approval of the order. Adopted. Yeas - 4 Nays - 0 C.F. No. 273212. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement in the land necessary for slopes, cuts and fills for constructing new sidewalk on both sides of Hazel Street from E. Nebraska Avenue to E. Montana Avenue, under P.O. 272585. No one appeared. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 C.F. No. 273084. FINAL ADOPTION. ORD. N0. 16536. An ordinance amending Ord. No. 16511 designating the First Baptist Church as a Heritage Preservation Site. Yeas - 4 Nays - 0 Adopted. 57636 June 25th, 1979. C.F. No. 273085. FINAL ADOPTION. ORD. NO. 16537. An ordinance amending Ordinance No. 16513 designating the Benjamin Brunson House as a Heritage Preservation Site. Adopted. Yeas - 4 Nays - 0 C.F. No. 273086. FINAL ADOPTION. ORD. N0. 16538. An ordinance designating the St. Paul Public Library/James Jerome Hill Reference Library as a Heritage Preservation Site. Adopted. Yeas - 4 Nays - 0 C.F. No. 273087. FINAL ADOPTION. ORD. NO. 16539. An ordinance designating the McColl Bldg. as a Heritage Preservation Site. Adopted. Yeas - 4 Nays - 0 C.F. No. 273088. FINAL ADOPTION. ORD. NO. 16540. An ordinance designating the Pioneer/Endicott-Midwest Bldg. as a Heritage Preservation Site. Yeas - 4 Nays - 0 Adopted. C.F. No. 273089. FINAL ADOPTION. ORD. N0. 16541. An ordinance designating the St. Paul Bldg. as a Heritage Preservation Site. Adopted. Yeas - 4 Nays - 0 C.F. No. 273090. FINAL ADOPTION. ORD. NO. 16542. An ordinance designating the Minnesota Museum of Art as a Heritage Preservation Site. Nays - 0 Adopted. Yeas - 4 C.E. No. 273091. FINAL ADOPTION. ORD. NO. 16543. An ordinance designating Landmark Center as a Herigage Preservation Site. Adopted. Yeas - 4 Nays - 0 C.E. No. 273092. FINAL ADOPTION. ORD. N0. 16544. An ordinance amending Chapter 410.05 of the St. Paul Legislative Code pertaining to Bingo applications by deleting the review procedure required by the Fire Dept. Adopted. Yeas - 4 Nays - 0 C.E. No. 273213. FIRST READING. An ordinance amending Section 54.15 (c) of the Legislative Code with respect to wood frame multiple dwellings. Laid over to July 3rd for Second Reading._ Report of Robert Piram, Community Services Department, concerning Residency Requirements for Parks and Recreation employees. (Letter of Chairman of Legislation Committee transmitting recommendation accompanies report). Filed. Claim of Richard M. Craig, 950 E. Ivy Avenue, St. Paul, Minnesota, filed on June 21, 1979, was read. Referred to the City Attorney's Office. Claim of John Albert Robinson by Attorney Thomas R. Hughes, 770 University Avenue, St. Paul, Minnesota, filed on June 21, 1979, was read. Referred to the City Attorney's Office. Claim of Michael Munos, 822 So. Robert Street, St. Paul, Minnesota, filed on June 20, 1979, was read. Referred to the City Attorney's Office. Order for Hearing from the District Court in the petition of Mt. Zion Hebrew Congregation to vacate Mt. Zion Hebrew Cemetery Plat B. Referred to the City Attorney. Letter of the Valuation Engineer reporting the petition of Edward J. Warn, et al, for the vacation of parts of Como Addition and Wallraff's Como Place is in proper form. Filed. C.F. No. 273214. Resolution approving terms and conditions of the 1979-1980 Labor Agreements between the City of St. Paul, ISD x/625, and the United Brotherhood' of Carpenters and Joiners of Am., Twin City Carpenters District Council; employment for the period May 19 1979 thru April 30, eas 1981. (Second Reading0and Adoption) Adopted. June 26th, 1979. 57637.V C.F. No. 273215. Resolution granting Bingo Game licenses to Jewish War Veterans of the U.S.A., Inc. Post #162 and Arlington Booster Club. Adopted. Yeas - 4 Nays - 0 C.F. No. 273216. Resolution urging the Metropolitan Sports Facility Commission to study, meet and confer with the St. Paul Civic Center. Adopted. Yeas - 4 Nays - 0 C.F. No. 273217. Resolution declaring Tuesday, June 26th, Phil Hall Day in St. Paul. Adopted. Yeas - 4 Nays - 0 C.F. No. 273218. Resolution appointing Carolyn Rusch as special counsel in a discrimination case entitled George R. Welles versus Metropolitan Transit Commission. Adopted. Yeas - 4 Nays - 0 C.F. No. 273219. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273220. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273221. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 \ C.F. No. 273222. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273223. Resolution imploring the President of the United States to offer shelter and aid to the "boat people". Adopted. Yeas - 4 Nays - 0 C.F. No. 273224. Resolution authorizing execution of a Lease Agreement, a Short Form Lease and a Limited Easement Agreement between the City of St. Paul and Olympia Brewing Co. for land near the Swede Hollow Park. (To provide access for City vehicles to the park). Adopted. Yeas - 4 Nays - 0 C.F. No. 273225. Resolution granting the appeal of Steve Kensy to a decision of the Board of Zoning Appeals with regard to property at 427 Whitall St. Adopted. Yeas - 4 Nays - 0 Councilwoman Showalter moved that the meetinabeadjourned. Adopted. Yeas - 4 NNays - 0 ADJ 0URNED 10 3 A.M. j J Counc'1 P sident. - 7• ATTEST: Copies sent to Councilmen / G Minutes approved by Council 7 C' y Clerk. 57638. MINUTES OF THE COUNCIL 9:00 A.M. June 27th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 9:10 A.M. Present - Councilwomen Hunt, Showalter, Councilman Maddox, Mr. Vice President Tedesco ... 4 Absent - Councilwoman Butler, Councilman Levine, President Hozza... 3 Bingo Application - St. Paul Turner Women's Auxiliary, 408 Main Street, 51 periods. (Lenore Seeger, President, and Mary Anne Wetschka, Manager, notified to attend.) Councilman Maddox moved that the application be approved. Adopted. Yeas - 4 Nays - 0 Bingo Application - Harding Area Hockey Association, Inc., 1060 University Ave., 51 periods. ( Lowell Larson, Vice President, and Donna M. Wing, Manager, notified to attend.) Councilwoman Showalter moved that the application be approved. Adopted. Yeas - 4 Nays - 0 C.F. No. 273226. Resolution granting Bingo Game Applications to Harding Area Hockey Association, Inc. and St. Paul Turner Women's Auxiliary. Adopted. Yeas - 4 Nays - 0 Application for an On Sale Wine License by Restaurant Marketing, Inc., 2260 Como Ave., doing business as Muffuletta. (Peter J. Mihajlov and Philip A. Roberts notified to attend.) Councilman Maddox moved that the application be approved. Adopted. Yeas - 4 Nays - 0 Application for the transfer of the Off Sale Liquor License issued to Chatsworth Liquors, Inc. at 976 Grand Avenue to Friendly Spirits, Inc. at the same address. (Frank B. and Nancy J. Martin notified to attend.) Councilman Maddox moved that the application be approved. Adopted. Yeas - 4 Nays - 0 Application for a Private Club, Class C1 -Restaurant, Bingo Hall, Cigarette Vending Machine Operator and Cigarette Licenses by Tanners Lake V.F.W. Post 8217 at 1795 E. Seventh Street. (Richard J. Carroll, Senior Vice Commander, notified to attend.) Councilman Maddox moved that the application be approved and the following resolution was submitted. C.F. No. 273227. Resolution granting transfer of Bingo Hall License and Cigarette License from Loyal Order of the Moose, St. Paul Lodge No. 40 at 1795 E. Seventh Street to Tanners Lake V.F.W. Post 8217 at the same address and granting a Private Club License, Restaurant License and Cigarette Vending Machine Operator Licenses to Tanners Lake V.F.W. Post 8217 at 1795 E. Seventh Street. Adopted. Yeas - 4 Nays - 0 C.F. No. 273142. THIRD READING. An ordinance amending Section 311 of the Legislative Code by reducing the Entertainment License Fee. Laid over to July 5th for Final Adoption. Public hearing on the Sauna and Motion Picture Theatre License issued to Linda M. Spencer at 606 Rice Street, doing business as Cosmos Sauna. (Recommended for revocation by the Division of License and Permit Administration.) Ms. Linda Spencer appeared and said she did not notify her attorney in time to be present for today's hearing. (Discussion continuer: to the following page.) � J 57639. June 27th, 1979. (Discussion continued from the previous page.) At the question of Councilman Maddox, Mr. Garvey, Assistant City Attorney, said due notice was given and Mr. Gray was aware of the hearing..and it was agreed that the Council should proceed to hear evidence. Mr. Garvey, Assistant City Attorney, introduced exhibit A, a copy of a letter of Mr. Carchedi to Ms. Spencer setting forth the charges for the proposed revocation of Sauna License at 606 Rice Street, exhibit B, a signed copy of the receipt for certified letter setting forth the grounds of revocation, exhibit C, police reports of September 15th, 1977, exhibit D, copy of sentence of Judge Otis Godfrey concerning Cheryl Mann who was charged with prostitution at the Cosmos Sauna and exhibit E, a copy of the police report of October 13th, 1977 concerning the prostitution charge of Cheryl Mann. Sergeant Bohn of the St. Paul Police Dept. was sworn in and answered questions of Mr. Garvey concerning an investigation on prostitution at the sauna at 606 Rice Street on June 1st, 1979. President Tedesco asked if Ms. Spencer had any questions of Sergeant Bohn or had anything to add to the proceedings and Ms. Spencer said she has nothing to add to the proceedings. Councilwoman Hunt and Councilman Tedesco suggested a continuance of the hearing to allow time for the attorney for Ms. Spencer to appear if he so desires. At the question of Councilman Maddox, Ms. Spencer said the incident that we just heard about did occur in the sauna. Councilwoman Hunt moved that the hearing be continued for two weeks to July 11th, 1979. Adopted. Yeas - 4 Nays - 0 Councilwoman Showalter moved that the Adopted. Yeas - 2 ATTEST: D i City,Alerk. Copies sent to Councilmen2- Minutes approved by Council /� 57640. MINUTES OF THE COUNCIL 10:00 A.M. June 28th 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Hunt, Showalter, Maddox, Mr. Vice President Tedesco ... 4 Absent - Councilmen Butler, Levine, President Hozza...3 Mr. John Howley, Executive Director of the Lowertown Redevelopment Corporation, reviewed the goals of the Lowertown Redevelopment Corporation and Mr. Weiming Lu, Director of Urban Design, presented a slide presentation regarding Lowertown. C.F. No. 273228. Resolution ordering the correction or wrecking and removal of a structure at 1837 University Avenue. Mr. Strohkirch of the Housing Code Division circulated pictures of the building and said it has been fire damaged and boarded but it is dangerous because of loose bricks and metal. Mr. Vice President Tedesco asked if the owner or his representative was present and no one appeared. Roll call on the resolution. Adopted. Yeas - 4 Nays - 0 C.F. No. 273045.. FINAL ADOPTION. An ordinance amending Chapter 25 of the St. Paul Administrative Code providing for the prohibition of gifts to City Officers and Employees. Councilwoman Showalter said she is prepared to amend the ordinance or continue it until Tuesday and after some discussion she moved that the ordinance be amended by striking the $10.00 figure and inserting a $25.00 figure. Adopted. Yeas - 4 Nays - 0 The ordinance was laid over to July 5th for Final Adoption \ C.F. No. 273196. SECOND READING. An ordinance amending Chapter 64 of the Administrative Code pertaining to the levying and collection of Special Assessments for Local Improvements and increasing the interest rate from 6% to 8% per annum in Chapter 64.04, Subdivision 1. Laid over to July 3rd for Third Reading. Resolution approving an offset of the NSP franchise fees revenue amount by the Cable TV franchise fees. (Finance Committee informs that resolution will be withdrawn by the author along with other NSP franchise ordinance matters). Councilwoman Hunt withdrew the resolution along with four ordinances and an item of discussion, all relating to the NSP franchise matter. Letter of the Planning Staff recommending dates for public hearing to consider the District 2 Plan. The matter was ordered laid over to July 3rd 1979 Letter of the Planning and Economic Development Dept. Staff requesting that Final Orders in the matter of improving the alley in Block 15, Smith's Subdivision, under P.O. 272541 and P.O. 272542 be rescheduled for Council hearing. (Matters were laid over indefinitely on March 20, 1979). Councilwoman Hunt moved that the final orders be rescheduled. Adopted. Yeas - 4 Nays - 0 Claim of Patricia Donovan, 2230 Carter Avenue, St. Paul, Minnesota, filed on June 25, 1979, was read. Referred to the City Attorney's Office. Claim of State Farm Mutual Automobile Insurance Co., 1500 West Highway 36, St. Paul, Minnesota, filed on June 25, 1979, was read. Referred to the City Attorney's Office. \.June 28th, 1979. 57641 Claim of Robert G. Heille, 1640 Iglehart, St. Paul, Minnesota, filed on June 26, 1979, was read. Referred to the City Attorney's Office. Claim of James T. McMahon and William McMahon by Attorney Ralph S. Parker, II, 838 Midland Bank Bldg., Minneapolis, Minnesota, filed on June 26, 1979, was read. Referred to the City Attorney's Office. Administrative Orders: D 4948 - Amending established fair market value at 915 Woodbridge. D 4949 - Addition of $2,744.15 to the Baker Community Center Project. D 4950 - Approval of Workmens Compensation to John Kerbel, employee of the Department of Community Services. D 4951 - Approval to retain John Kenna to appraise real property to be acquired for the Kellogg Bridge Replacement. C.F. No. 273229. Resolution approving terms and conditions of the 1979-1980 Maintenance Labor Agreements between the City of St. Paul and the ISD 46625 and the Twin Cities Glaziers and Glass Workers Local 1324, employment for the period June 1, 1979 thru May 31, 1981. (Second Reading and Adoption; Finance Comm. recommends approval). Adopted. Yeas - 4 Nays - 0 Resolution amending the Civil Service Rules by inserting the title Administrative and Procurement Assistant in Section 6, Grade 14, under the heading Professional Administrative Group AND inserting its specifications in Section 49. (Second Reading and Adoption; Finance Committee recommends approval). Councilwoman Hunt said she will vote in favor of the resolution but with reluctance because she is opposed to the policy of establishing assistants -to department heads and other officials and Councilman Maddox also expressea agreement with Mrs. Hunt's comment and said he would vote against the resolution. Councilwoman Hunt moved that the resolution be laid over until Tuesday, July 3, when other Councilmen would be present. Councilman Maddox indicated that he is against extending the bureaucracy and is opposed to a continuance and to the resolution. Roll call on the motion to lay the resolution over to July 3rd. Yeas - 3 Nays - 1 (Maddox) Motion failed of adoption. Councilman Tedesco said he is also voting in favor of the resolution but with reluctance. Roll call on the resolution. Yeas - 3 Nays - 1 (Maddox) Failed of adoption. C.F. No. 273231. Resolution amending the Civil Service Rules by inserting the title Vendor Assistance Analyst in Section 6, Grade 5, under the heading "Professional -Admin- istrative" Group AND amending Section 49 by inserting its specifications. (Second Reading and Adoption; Finance Committee recommends approval). Adopted. Yeas - 4 Nays - 0 Resolution approving the 1979-1080 Maintenance Labor Agreements between the city, Independent School District No. 625 and Bricklayers Local No. 1. (Employment for the period May 1, 1979 thru April 30, 1981; First Reading) Laid over to July 5th for Second Reading and Adoption_ Resolution approving the 1979-1980 Maintenance Labor Agreements between the city, Independent School District No. 625 and the Cement Masons Local 560. (Employment for the period May 1, 1979 thru April 30, 1981; First Reading). Laid over to fuly 5th for Second Reading and Adoption. C.F. No. 273232. Resolution transferring $9,028 in the 1979 Budget from Contingent Reserve -General to Dept. of Community Services -Como Zoo. (To provide funds for one full time and one part time watchman at the Como Zoo; Finance Committee recommends approval). Adopted. Yeas - 4 Nays - 0 C.F. No. 273233. Resolution amending the 1979 Budget and transferring $79,392.50 from Contingent Reserve -General to City Hall and Courthouse Maintenance -Transfer or Contribution to Special Fund. (Provide funding for remodeling offices; Finance Committee recommends approval). Adopted. Yeas - 4 Nays 0 J 57642. June 28th, 1979. C.F. No. 273234. ing Citizen Participation Budgets. (Finance Committee recommends Resolution approv approval). yeas - 4 Nays - 0 Adopted. C.F. No. 273235. Resolution amending the 1979 Budget by transferring $300,000 from Contingent Reserve to Winter Street Maintenance. (Finance Committee recommends app Adopted. Yeas - 4 Nays - 0 C.F. No. 273236. Resolution authorizing execution of a Fire Service Agreement with the City o Lauderdale. Yeas - 4 Nays - 0 Adopted. C.F. No. 273237. Resolution authorizing the execution of an agreement with the Minnesota State of the KCTA Parking Lot. (ancillary parking facilities Fair Board for a one day lease for Beach Boys` Concert) yeas - 4 Nays - 0 Adopted. C.F. No. 273238. ng Resolution ti of taurantanTavernthe androtherrlicensesSunday from KellyLiquor Pub,LIncnselAND 110th er St. to Shamrock Theatre, Inc. at the 4same address. - 0 Adopted. Yeas - C.F. No. 273239. On Sale Malt Beverage License to the Midway Lions Resolution granting temporary at 1681 Grand Avenue. yeas - 4 Nays - 0 Adopted. C.F. No. 273240. Resolution granting Tavern License to Schernbeck, Inc. at 368 Jackson St. Adopted. Yeas - 4 Nays - 0 C.F. No. 273241. Resolution granting transfer of Gas Station License from Donald P. Coffey at 923 Randolph Avenue to Kerry Olson ,at the same Naaddress. Adopted. C.F. No. 273242. Resolution granting license to St. Paul Yellow Cab Co., Inc. to operate one taxicab. Yeas - 4 Nays - 0 Adopted. C.F. No. 273243. Resolution recognizing the discriminatory employment practices of the J. P - Stevens Co. and instructing the Purchasing Dept. to review and investigate suppliers of cloth products for compliance to the City's Little Davis Bacon ordinance. Councilwoman Showalter reviewed the practices of the J. P. Stevens Co. and Jam Mangen, representing the Textile Workers, said a number of cities around the country have passed similar resolutions and he urged adoption of the resolution in support of the J. P. Stevens workers. Yeas - 4 Nays - 0 Adopted. Mr. Jim Bellus, Planning Administrator, and Mr. Orm of the Metropolitan Council Staff appeared and explained the status and proposed timetable on the I -35E Enviuestionsl Impact Statement Process and Mr. Bellus said if the Council has specific q or concerns he can work with the Councilmen individually or as a group. Councilman Maddox moved that the meeting be recessed to 11:00 A.M. on Friday, June 29, 1979. Nays - 0 (11:05 A.M.) Adopted. Yeas - 4 Y J 57643. MINUTES OF THE COUNCIL 11:00 A.M. June 29th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The recessed meeting was reconvened by Mr. Vice President Tedesco at 11:03 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Mr. Vice President Tedesco ... 5 Absent - Councilwoman Butler, President Hozza...2 C.F. No. 273244. Resolution accepting bid and approving sale of $4,865,000. General Obligation Improvement Bonds, Series 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273245. Resolution accepting and approving sale of $2,655,000. General Obligation Water Pollution Abatement Bonds, Series 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273246. Resolution approving tax levy in connection with the sale of $4,865, 000. General Obligation Improvement Bonds, Series 1979. \ Adopted. Yeas - 5 Nays - 0 C.F. No. 273247. Resoltuion approving tax levy in connection with the sale of $2,655,000. General Obligation Water Pollution Abatement Bonds, Series 1979. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco asked to be excused on Thursday, July 5th, 1979 and Friday, July 6th, 1979 and Councilman Maddox moved that the request be granted. Adopted. Yeas - 5 Nays 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 ATTEST: a C' y Clerk. Copies sent to Councilmen Y,2-1-7 / Minutes approved by Council / /Z/y / l 57644. MINUTES OF THE COUNCIL 10:00 A.M. \ July 3rd, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza ... 6 Absent - Councilwoman Butler...l Public Hearing on the Redevelopment Plan for Community Development Prograani Year ed V. Mr. Jim Hart of the City Attorney's Staff appeared and outlined and exp program. eared and the following President Hozza asked if anyone wanted to be heard and no one app resolution was submitted. C.F. No. 273248. Resolution approving Redevelopment Plan Community Development Program Year V. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of James P. Snavely and others for the vacation of a portion of South Wheeler Street north of Morgan Avenue. Mr. Eggum of the Valuation Engineer's Office said the office would like to revise the compensation involved to $7,000 and he said this is based on new information received on surrounding values. Joe Mast, attorney representing property owners to the south of the area, referred to parking, and to inadequate compensation o new townhouses constructed, to inadequa for the property involved. Mr. Snavely appeared and said the street is ungraded and wooded and they would like to buy the property and construct a double home. He said he bought two lots a year ago on the same street for $7,000 each and that is the basis for revised compensation. to appear and no one else appeared. President Hozza asked if anyone else wanted Councilman Maddox moved approval of etition the tionn accor nd sheasaiddcewtheretisfnoeotherrluseion. Councilwoman Hunt said she will support of the property proposed by the City. \ Roll call on the motion. Nave - 2 (Councilmen Levine & Tedesco) Motion failed of adoption. Councilwoman Hunt moved that the vote reconsidered and t was agreedathatt the matteruch ambe laid must over until all Councilpersons were present and come from the prevailing side. Councilman Tedesco moved that the motion be reconsidered and laid over until all Councilpersons are present. Adopted. Yeas - 6 Nays - 0 Councilman Hozza said the hearing has been completed and he suggested that the matter be laid over until July 12th at which time a more specific date could be determined. Councilman Maddox moved that the matter be continued to July 12th. Adopted. Yeas - Hearing was held on the petition of Summit State Bank of Phalen Park and others for the vacation of part of the alley between Block 4, Nilsson's Subdivision and Block 4, Hendricks Acre Lots No. 2. Mr. Elias M said he has property abutting Scherer's Lane and heda kedlfor the on specific location of the property involved and Mr. Eggum exp use. a map and said Public Works has agreed tcition o that thpproperty uld be filednot needed for alley vacate the remainder Councilwoman Hunt noted that another pe of the alley involved. Councilman Tedesco said he was a member of the board of directors at the bank but is no longer in that position and he was informed by the City Attorney that there would be no problem in voting on this matter. Councilwoman Hunt moved approval of the petition subject to the terms and conditions recommended by the Yealuat�ion Engineer. Nays - 0 Adopted. 57645) July 3rd, 1979. Hearing was held on the petition of Eleanor C. Lyons, and others, for the vacation of the alley in Block 14, Kittson's Addition. No one appeared. Councilman Maddox moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Nays - Adopted. Yeas - Hearing was held on the petition of Northern States Power Co. for the vacation of the alley in Block 4, Snelling Park Addition. No one appeared. Councilwoman Hunt moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Nays - 0 Adopted. Yeas - C.F. No. 273249. FINAL ORDER. constructing concrete curb and gutter and In the matter of grading and paving, construct storm sewer in California Avenue from Payne Avenue to Parkway Drive, under P.O. 272868. (Discussion applies to next three orders also). Mr. Mateyka said the improvement between Greenbrier and Parkway Drive is being e tion of all the property owners except one done without a petition and he has a peti in opposition. Mr. Larson appeared and spoke in favor of the entire improvement mand she referred to Mrs. Mateyka said she represents all the people in opposition the need for fences and stop signs because of trl and there involvebeen extensive d. Councilwoman Hunt said she will support appoya discussion on this project and it was approved by the District Council and the Public Works Committee. oval of this order andthe followingthree Adopted.ee orders. Councilman Maddox moved apprYeas - 5 y C.F. No. 273250. FINAL ORDER. In the matter of constructing a sanitary sewer in California Avenue from Payne Avenue to Greenbrier Street, under -P5 P.O. 272869•Yeas Nays - 1 (Tedesco) Adopted. C.F. No. 273251. FINAL ORDER. \ In the matter of constructing water main and water service connections in \ California Avenue from Payne Yeasue 5 Parkway Drive,under- 1 (Tedesco)870. Adopted. FINAL ORDER. C.F. No. 273252. In the matter of condemning and taking an easement for slopes, cuts and fills in connection with the improvement of California Avenue from Payne Avenue to Parkway Drive, under P.O. 272871• Nays - 1 (Tedesco) Adopted. Yeas - 5 C.F. No. 273253. FINAL ORDER. In the matter of grading, paving and constructing conceret curb and gutter in Germain Court from Case Avenue to approximately 270 feet north, under P.O. 273116. Council President Hozza asked if anyone wanted to be heard on this order or the following three orders pertaining to Germain Courtand no one app Councilman Maddox moved that Yeas rhe deers be approved.Nays - 0 Adopted. C.F. No. 273254. FINAL ORDER. In the matter of condemning and taking an easement for slopes, cuts and fills in connection with the grading of Germain Court from Case Avenue to approximately 270 feet north, Yunder eas - 6.0. 273117• Nays - 0 Adopted. C.E. No. 273255. FINAL ORDER.in In the matter of constructing a sanitary and 270sfeet north, underewer service nPe01O273118. Germain Court from Case AvenuYeas to approximately roximatel y Nays - 0 Adopted. C.F. No. 273256. FINAL ORDER. In the matter of installing water main in GermainNaysrt,0under P.O. 273119. Adopted. Yeas - 6 FINAL ORDER- In the matter of grading and paving, constructing concrete curb and gutter, facilities and constructing water constructing storm sewer and storm water drainage and sewer service connections on Winthrop Circle from Boxwood Avenue to cul-de-sac and Boxwood Avenue from Winthrop Circle to McKnight Rd., under P.O. 273112. (Discussion includes next three final orders) (Discussion continued from the previous page). Toni Baker, 1989 North Park Drive and representing the District 1 Community Council, said they adopted a resolution supporting the residents on Boxwood against the improvements. She said they also object to this hearing date and to the fact that no notification was given to the District Council and to some of the residents on Boxwood and she said they ask that Mr. Leonard correct some of the problems that now exist. Councilman Maddox moved that the matters be referred to the Public Works Committee. Mr. Leonard appeared and said he has done considerable work to improve runoff. Linda Anderson said they live on Boxwood and have information and pictures but will submit them to the Public Works Committee. John Tomlinson, 799 So. Winthrop, said the original proposal did not include Boxwood Avenue and the improvement of Boxwood is not needed for Mr: Leonard's development and the drainage on other streets should also be investigated. Mr. Bob Elm expressed concern to the change of easement on his property and said the action will add to the sevem drainage problem. A resident at 22 Marillac Lane also referred to severe drainage problems and said they think this development will cause further problems. A resident at 2233 Boxwood urged that additional people be notified of the Public Works Committee Meeting. Councilman Hozza said he thinks the Public Works Committee could work with Ms. Baker on the notification of residents involved. Councilman Maddox moved that the orders be laid over for four weeks to July 31st, 1979 and be referred to the Public Works Committee for recommendation. Adopted. Yeas - 6 Nays - 0 FINAL ORDER. In the matter of acquiring an easement for sewer purposes over part of Lot 8, Block 1, St. J-seph's Hill and condemning an easement for slopes, cuts and fills in connection with the improvement of Winthrop Circle from Boxwood Ave. to cul-de-sac and Boxwood Ave. from Winthrop Circle to McKnight Rd., under P.O. 273113. Laid over to Jud 31st and referred to the Public Works Committee for recommendation. FINAL ORDER. In the matter of constructing sanitary sewer in Winthrop Circle from Boxwood Ave. to cul-de-sac AND in platted easement to Leonard Court, under P.O. 273114. Laid over to July 31st and referred to the Public Works Committee for recommendation. FINAL ORDER. In the matter of installing a public water main in Boxwood Ave. from a point 297 \ feet west of the centerline of McKnight Rd. to Winthrop Circle AND in Winthrop Circle from Boxwood Ave. to the Winthrop Circle cul-de-sac, AND in a platted easement from Winthrop Circle to Leonard Court, under P.O. 273115. Laid over to July 31st and referred to the Public Works Committee for recommendation. C.F. No. 273257. FINAL ORDER. In the matter of installing water main in Chelmsford St. from Commonwealth Ave. to approximately 150 feet south of Commonwealth Avenue, under P.O. 273110. No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273258. FINAL ORDER. In the matter of installing water main on Winona St. from Stickney St. to approximately 140 feet east of Stickney St., under P.O. 273111. No one appeared. Councilwoman Showalter moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273196. THIRD READING. An ordinance amending Chapter 64 of the Administrative Code pertaining to the levying and collection of Special Assessments for Local Improvements and increasing the interest rate from 6% to 8% per annum in Chapter 64.04, Subdivision 1. Laid over to July 10th for Final Adoption. C.F. No. 273213. SECOND READING. An ordinance amending Section 54.15 (c) of the Legislative Code with respect to wood frame multiple dwellings. Laid over to July 5th for Third Reading._ Councilwoman Hunt moved that the rules be suspended to consider a resolution not on the agenda which was approved by the Finance Committee yesterday. Adopted. Yeas - 6 Nays - 0 C.F. No. 273259. Resolution making certain allocations and reallocations of Below Market Interest Rate Home Mortgage Loan Funds. Adopted. Yeas 6 Nays - 0 Report of the Public Works Committee recommending approval of the petition of Cynthia A. urman at 2367 Pearl St. requesting that her private house sewer connection be taken over as a public sewer. Councilman Maddox moved that the City Attorney be requested to prepare the proper resolution or ordinance approving the recommendation of the Public Works Committee. Adopted. Yeas - 6 Nays - 0 Letter of the Plaay, AAugusng tt7th orcTuesday1,gJuly 17th tohearing considerdate approvalTuesday, July 31, Tuesday, August the District 2 Plan. Councilwoman Showalter moved that a hearing date be established for July 31st at 7:30 P.M. at a place to be deteermined to consider Nthe District 2 Plan. Adopted. Councilwoman Hunt asked to be excused from Council from August 2nd to t—.gust 9th. Councilwoman Showalter asked to be excused from Council August 21st, 22nd, and 23rd. Councilman Tedesco moved thatYethe as requests be granted.ays - 0 Adopted. Councilman Maddox moved that Councilw6oman Butler be excused from Council indefinitely. Adopted. Yeas - It was noted that a request has been received to hold a public hearing date on August 2nd, 7th, or 9th at the regular City Council Meeting to consider approval of the District 7 Plan. a hearing date be established for August 2nd at the Councilman Maddox moved that regular 10 o'clock City Council Meeting. Nays - 0 Adopted. Claim of Darlene Audrey Neppl, 610 North Fairview, St. Paul, Minnesota, filed on June 29, 1979, was read. Referred to the City Attorney's Office. Claim of Jean and John Liebgott, 3930 Highland Drive, Shoreview, Minnesota, filed on June 29, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Alesia Pryor by Betty Elmore, versus the City of St. Paul. Referred to the City Attorney. Letter of the Valuation Engineer recommending a date of hearing for July 31, 1979 to consider the petition of St. Paul Jewish Community Center and the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. for the vacation of a portion of Wheeler St. Councilman Maddox moved approval of the recommendation. Nays - 0 Adopted. Letter of the Valuation Engineer recommending a public hearing date of July 31, 1979 to consider the petition of Richard Kuehlwein and Gary Johnson for the vacation of a portion of Cottage Ave. Councilman Maddox moved approval f the recommendation. 0 Adopted. Resubmitted petition to rezone Lots 10 and 11, Sahlgaard's Subdivision of Lot 55, Como Villas. Referred to the Finance Department for recheck as to sufficiency. Appeal of Prairie Chicken, Inc. to a decision of the Board of Zoning Appeals affecting property at the southeast corner of White Bear Avenue and Old Hudson Rd. Councilman Tedesco moved thatYthe eas date of hearing N a set Ofor August 2nd, 1979. Adopted. Administrative Orders:to ee of Dept. D4952 - Approval of Workers' Compensation to Robert Winkel, emp y of Public Works. D4953 - Approval of Workers' Compensation to Francis Wirl, employee of City Hall and Court House Commission. D4954 - Approval of Workers' Compensation award to James H. Taylor, employee of the Dept. of Public Works. (Administrative Orders continued to the following page). 57648 J July 3rd, 1979. (Administrative Orders continued from the previous page). D4955 - Contract time change for the construction of two skyway pedestrian bridges from Donaldson's Dept. Store. D4956 - Addition of $182.40 to contract for construction of skyway pedestrian bridge over Wabasha St. from Wabasha Ct. to Dayton's. D4957 - Contract time change for the construction of a skyway pedestrian bridge over Sibley St. from Mears Pk. to Park Swuare Court. D4958 - Addition of $2,895.00 to contract for improvement of University Ave. and sidewalk improvements. D4959 - Deduction of $2,200.00 in contract for construction of skyway pedestrian bridge over St. Peter St. from St. Joseph's Hospital to new Gallery Bldg. C.E. No. 273260. Resolution consenting to the appointment by the Mayor of Stephen Wellington to the position of Administrative Aide III. Adopted. Yeas - 6 Nays - 0 C.F. No. 273261. Resolution approving continuance of the appointment of Rochelle Wright to the position of Administrative Aide. Adopted. Yeas - 6 Nays - 0 C.F. No. 273262. Resolution concurring in the request of Operation 85 for a ninety day study period to develop alternative financial and management plans for the implementation of the Downtown People Mover Project. Councilman Maddox asked if provision has been made to receive alternative plans and President Hozza said he does not believe the resolution precludes that and the City Clerk could write a letter to that affect. Roll call on the resolution. Yeas - 5 Nays - 1 (Hunt) Adopted. C.F. No. 273263. Resolution authorizing payment out of Tort Liability Fund of $65.55 to Kathy Ellering, $10.35 to Harold Smith, $87.00 to Stuart Applebaum and $350.00 to Thomas E. Moore all in full settlements of claims for damages. Adopted. Yeas - 6 Nays - 0 C.F. No. 273264. Resolution authorizing payments out of Tort Liability Fund of $84.80 to Richard A. Glassman, $57.86 to Clara C. Tschida, $127.00 to David R. Johnson and $516.35 to State Farm Ins. Co. and Jerry W. Kaufmann in full settlements of claims for damages. Adopted. Yeas - 6 Nays - 0 C.F. No. 273265. Preliminary Order for the acquisition of part of Lot 8, Block 1, Kaufhold's Addn. for a storm ponding area AND setting date of public hearing for July 31, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273266. Preliminary Order for the installation of a water main in Wyoming St. from Stickney St. to 150 feet east of Stickney St. AND setting date of public hearing for July 31, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273267. Preliminary Order for the grading and paving of Doswell from Berry St. to Trunk Highway #280 AND setting date of public hearing for July 31, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273268. Preliminary Order for the condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Doswell Ave. from Berry St. to T.H. 280 AND setting date of hearing for July 31, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273269. Preliminary Order in the matter of installing a Public Water Main on Russell St. from York Ave. to 95 feet south of York Avenue AND setting a date of hearing for August 7, 1979. Yeas - 6 Nays - 0 Adopted. 57649.! \ July 3rd, 1979. C.F. No. 273270. Resolution approving assessment in the matter of the Cherokee -Ottawa Storm Sewer System under P.O. 265572 AND setting a date of hearing for August 7, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273271. Resolution approving assessment in the matter of Summary Abatements for the period of Dec. 1, 1978 thru March 31, 1979 AND setting a date of hearing for August 7, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273272. Resolution approving assessment for.Boarding-Up and Demolition for the period of Dec. 1, 1978 thru March 31, 1979 AND setting a"date of hearing for August 7, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273273. Resolution granting the petition of Independent School District No. 625 and the HRA for the vacation of part of Ashland Ave. near Grotto St. Adopted. Yeas - 6 Nays - 0 C.F. No. 273274. Resolution authorizing payment of $1,250 to Matthew A. Morelli for granting of the permanent easement for street purposes for parts of Lot 24 and 25, Block 2, Robert Ware's Eastern Heights Addn. Adopted. Yeas - 6 Nays - 0 C.F. No. 273275. Resolution releasing a temporary construction easement acquired for the Dale St. Widening under C.F. No. 270113. Adopted. Yeas - 6 Nays - 0 C.F. No. 273276. Resolution granting transfer of Off Sale Liquor License, Original Container, Off Sale Malt Beverage and Cigarette licenses from Chatsworth Liquors, Inc. at 976 Grand Avenue to Friendly Spirits, Inc. at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 273277. Resolution granting On Sale Wine license to Restaurant Marketing, Inc. at 2260 Como Avenue. Adopted. Yeas - 6 Nays - 0 C.F. No. 273278. Resolution granting Sunday On Sale Liquor licenses to Clayton Club, Inc. and Lucky Lanes, Inc. Adopted. Yeas - 6 Nays - 0 C.F. No. 273279. Resolution granting various licenses as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273280. Resolution granting various licenses as listed. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that final adoption of an ordinance C.F. No. 273045 amending Chapter 25 of the Administrative Code providing for the prohibition of gifts to City Officers and employees, which is scheduled for adoption on July 5th be laid over until Tuesday, July 10th. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the meeting a adjourned.` Adopted. Yeas - 6 Nays - 0 / A D f 0 U` Y) E ff Aj/ 11:15,A.M. i T. . a Copies sen to Counci en 7/ 3 Minutes approved by Council 19 117 9 City Clerk. J 57650. MINUTES OF THE COUNCIL "'I\, 10:00.A.M. July 5th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Showalter, Levine, President Hozza... 4 Absent - Councilmen Butler, Maddox, Tedesco...3 Hearing was held on the appeal of John T. Finley to a decision of the Planning Commission concerning a special condition use permit issued to Alternative Homes, Inc. at the northeast corner of Albemarle Street and Maryland Avenue. Mr. Lawrence Jung of the Planning Staff reviewed the matter and outlined the considerations given by the Current Planning and Zoning Committee, the Planning Commission and the Board of Zoning Appeals and he explained the site and referred to the concerns of residents in the area. Mr. John Finley, Ramsey County Commissioner representing District 3 which encompasses this area, said Rice and Maryland is one of the most heavy commercial traffic areas in St. Paul and he said the lot under question is too small with only a 62 foot depth and although it meets the requirements of the zoning code he doesn't think the code anticipated 15 people occupying a lot 80 x 62 feet. He expressed concern about traffic at the corner and said he feels it would be dangerous to the children involved and he said Mr. Rod is an excellent program director and the appeal relates strickly to the location. He outlined the various comments that were made at the Current Planning, Planning Commission, and Board of Zoning Appeals Meetings and said the Division of Health has extensive requirements that would be difficult to meet with the existing structure. Representative Tom Osthoff, 766 W. Maryland, said he is concerned that the same people who voted on the application then voted on the appeal and he said he thinks the building and the yard is bad and the state has not yet licensed the \ operation. He said he is not against the program but he doesn't think this is a good facility or a good place for it and the neighborhood is upset and he hopes the Council gives them consideration and he feels there must be a better location. Red Vanek, representing the North End Businessmen, said they don't feel the location is good for this facility. Joseph Prifil said he is a firm believer in the program but he doesn't think the building is suitable and it is dilapidated and would need more then $5,000 to $15,000 to rehabilitate. He said the play facilities adjacent to the building are also adjacent to Maryland Avenue which is a high generator of traffic and he said the location is ideal for elderly people and he referred to two foster homes in the area. Hugo Masanz representing the North End Improvement Club said they voted unanimously in opposition to the appeal. Ms. Mitsch appeared and referred to a considerable amount of traffic problems on Maryland Avenue. George Bohl, 115 W. Rose, said he thinks the cost to rehabilitate the property would be more than a new structure and he said there is no yard space or proper living facilities. and it is entirely inadequate. Pat Sweeney, Attorney for Alternative Homes, Inc., said it is undisputed that the criteria of the zoning code have been met and the state and city would have to inspect before occupancy. He said no facts have been presented on traffic on Maryland Avenue and.nothing has been presented that the program is unfit and the application should not be denied. Mr. Rod said they would like children between the ages of 6 and 13 and about 20 percent of the children usually have neurological problems. He said the children would not be locked up and he has agreed to construct a fence and he has run similar programs with smaller yards. At the question of Councilman Levine, Mr. Rod explained the school program in the home and said they had been asked to provide five additional off street parking spaces and they don't anticipate more than seven cars at one time. Theresa Koch referred to parking problems on Albemarle Street and said it is difficult at this time to find a parking spot and the traffic is also heavy. She said the building is not conducive to this operation and the yard is not large enough and the parking is ridiculous. (Discussion continued to the following page). 57651.(/ July 5th, 1979. (Discussion continued from the previous page). Fred Schmidt, 1249 Rice Street, said there is no parking in the area and no place for children to play. in favor of the proposal and said he supports Leon Oman, 1243 Galtier, spoke community based treatment facilities and the facility should be judged by the State Department of Public Welfare and he suggested approval of a modified permit to satisfy the fears of the community. A resident at 1183 Rice Street said District 6 voted against this proposal because of the wishes of the neighbors and he referred to a dangerous traffic situation on Rice Street. Mrs. Ficocello, 1187 Rice Street, said they are also concerned about children and she referred to programs of the V.F.W. for children. Councilman Hozza asked if anyone else wanted to be heard and no one appeared and the public hearing was ordered closed. At the question of Councilwoman Showalter, Mr: Byrne Assistant City Attorney, explained the matter that is before the City (,ouncil and Councilwoman Hunt said it is a complicated procedure and some of the questions should be set but in writing. Councilman Levine said that after hearing comments today he is sympathetic to the program but he believes the comments of the people are valid. He said there is congestion of traffic which could be hazardous to children and he also feels the size of the facility is not adequate to handle the program and the size of the yard is not adequate and the yard would be shortened by additional parking spaces. He said he feels there would be additional congestion inside and outside of the building and he will support the appeal and he thinks there are better locations and this is not the proper location. At the question of Councilwoman Hunt, Mr. Byrne said the zoning code requires one member of the Planning Commission to be a member of the Board of Zoning Appeals. At the question of Councilman Hozza, Mr. Byrne said the code requires that a public hearing be held by the Council thirty days after receipt and this has been done and the code does not prevent a continuance of the decision. Councilwoman Hunt moved that the matter be laid over to July 24th and President Hozza said the public hearing is closed and on July 24th the Council will not entertain public comments unless there are specific questions. Roll call on the motion. Adopted. Yeas - 4 Nays - 0 C.F. No. 273213. THIRD READING. An ordinance amending Section 54.15 (c) of the Legislative Code with respect to wood frame multiple dwellings. Laid over to July 12th for Final Adoption. C.F. No. 273142. FINAL ADOPTION. ORD. N0. 16545. An ordinance amending Section 311.02 (2) of the Legislative Code amending the fee for an entertainment license. Yeas - 4 Nays - 0 Adopted. C.F. No. 273181.- FIRST READING. An ordinance amending Section 438.07 (a) of the Legislative Code to permit possession of regulated beverages on streets and in parks under certain circumstances. Laid over to fuly 12th for Second Reading. Claim of Jeff Hutton, 1673 Margaret, St. Paul, Minnesota, filed on July 2, 19792 was read. Referred to the City Attorney's Office. Resubmitted petition of Leo Gadbois to rezone part of Lots 9, 10, and 11, Block 16, Woodland Park Addition. tment for recheck as to sufficiency. Referred to the Finance Depar Administrative Orders: D 4960 - Establishment of Fair Re -use Values on various parcels. D 4961 - Increasing maximum compensation to John R. Turpin for surveying services for HRA. of school flasher signals at the intersection D 4962 - Authorizing removal of Pelham Blvd. and Doane Ave. petitions for various D 4963 - Authorizes HRA officials to execute rezoning p parcels in District 12. C.F. No., 273282. Resolution approving the 1979-1980 Maintenance Labor Agreements between the City, Independent School District No. 625 and Bricklayers Local No. I. (Second Reading and Adoption.) yeas - 4 Nays- 0 Adopted. J 57652. \ July 5th, 1979. C.F. No. 273283. Resolution approving the 1979-1980 Maintenance Labor Agreements between the City, Independent School District No. 625 and the Cement Masons Local 560. (Second Reading and Adoption)Yeas - 4 Nays - 0 Adopted. Resolution amending the Civil Service Rules and inserting the title Administrative Development in Section 3.K, Grade 22, Professional - Manager -Planning and Economic ing its specifications in Section 32. Administrative Supervisors Group AND insert (First Reading -Recommended for approval by the Finance, Management and Personnel Committee) Laid over to July 12th for Second Readin . Resolution amending the Civil Service Rules by striking the present and inserting new specifications for the title Service Worker II in Section 32. (First Reading -Recommended for approval by the Finance, Management and Personnel Committee) Laid over to July 12th for Second Readin . C.F. No. 273284. Resolution authorizing acceptance of an LEAA grant in the amount of $192,182 from the Minnesota Crime Control Planning Board for the project known as St. Paul Neighborhood Team Policing to be matched by $10,677 in state funds and $117,808 in local funds. Yeas - 4 Nays - 0 Adopted. C.E. No. 273285. City Officials to execute an agreement with the Resolution authorizing proper Minneapolis Park and Recreation Board for the creation of an administration - management comaittee to oversee the operations of the wood utilization and disposal center for the disposal of diseased shade trees. Nays - 0 Adopted. C.F. No. 273286. Resolution granting various licenses censes4as listed. Nays - 0 Adopted. C.F. No. 273287. Resolution granting various licenses as listed. Yeas - 4 Nays - 0 Adopted. Councilwoman Hunt said she has received a resolution appointing persons to the Citizens Budget Advisory Committee and she believes thereis no y urgencyexcept that the Council wanted the appointments from the mayorb Jul 3rd, \ It was agreed that the matter should be placed on the Tuesday, July 10th, agenda. Councilman Hozza said he has received a request to set a date of hearing for July 24th, 1979 at 10 A.M. to consider the submission of an Urban Development Action Grant in connection with the renovation of the St. Paul Hotel. Councilwoman Hunt moved that adate 4f hearing beNscheduled as recommended. Adopted. Yeas Councilman Hozza asked to be excused from Council on July 17th, 18th, and 19th, 1979 and Councilwoman Hunt moved that the srequest be granted. Adopted. Councilwoman Hunt moved that the rules be suspended to consider a resolution not on the agenda. yeas - 4 Nays - 0 Adopted. C.F. No. 273288. Resolution consenting to the appointment by the Mayor of Roger Christianson, 1510 Summit Avenue, to the Citizen Advisory Committee on Cable Communication, said appointment to fill the unexpired term held by Richaard Cohen. Adopted. Councilwoman Hunt moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 J 0 U R AT 1:45 A.M. Counc 1 Pre dent AT Copies sent to Council Minutes approved by Council City Clerk. 57653. MINUTES OF THE COUNCIL 10:00 A.M. July 10th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza ... 6 Absent - Councilwoman Butler...1 Hearing was held on a resolution ordering the correction or wrecking and removal of a structure at 454 Edmund Avenue. Myra Waldo said she is purchasing the property and has a letter of intent from the Planning and Economic Development Department for a $5,000 grant for health and safety items and she said she is in the process of getting things done. Mr. Strohkirch of the Building Department said the property should remain vacant until certain requirements are met. Councilwoman Hunt suggested that the hearing be continued for one or two weeks to allow the owner to meet with the Building Department to take care of necessary items. At the question of Councilman Hozza, Ms. Waldo said she has someone occupying the property and intends to start work within the next week or two but would need thirty days to get started with rehabilitation. Councilman Hozza noted for the record a letter of the Thomas Dale District Planning Council requesting no delay in condemnation proceedings and he also noted a copy of the report of the Planning and Economic Development Department on the $5,000 grant. Ms. Morris, organizer for District 7, said they think the property might be deemed not rehabitable. ,000 grant shows that Ms. Waldo is trying to rehabilitate A man appeared and said the $5 the property. Councilman Maddox moved that the matter be continued for three weeks to July 31st. \ Adopted. Yeas - 6 Nays - 0 C.F. No. 273045. FINAL ADOPTION. ORD. N0. 16546. An ordinance amending Chapter 25 of the St. Paul Administrative Code providing for the prohibition of gifts to City Officers and Employees. Councilwoman Showalter referred to problems in other cities that make this ordinance even more important. Councilman Maddox asked if the ordinance is more restrictive for employees then it is for elected officials and Mr. Starr said he believes the ordinance is equal with employees and elected officials and the difference from the state law is that the state requires proof of intent while the ordinance only requires receipt of a gift. Roll call on the ordinance. Adopted. Yeas - 6 Nays - 0 C.F. No. 273196. FINAL ADOPTION. ORD. N0. 16547. An ordinance amending Chapter 64 of the Administrative Code pertaining to the levying and co -lection of Special Assessments for Local Improvements and increasing the interest rate from 6% to 8% per annum in Chapter 64.04, Subdivision 1. Adopted. Yeas - 6 Nays - 0 Claim of Como Community Council District 10, 1339 North Pascal Avenue, St. Paul, Minnesota, filed on July 3, 1979, was read. Councilman Maddox asked if the claim also went to the state and other municipalities and Councilwoman Hunt said she thinks a policy is involved and maybe the claim shouldn't just be referred to the City Attorney. Mr. Starr, City Attorney, suggested referral to the City Attorney for review but with a return to the City Council for a policy decision. Councilwoman Hunt said we should also look at other similar requests and get a report on the background of this matter from the citizen participation coordinator. Councilman Maddox moved that the claim be referred to the City Attorney for review working with the citizen participation coordinator. Adopted. Yeas - 6 Nays - 0 57654." 1, July 10th, 1979. Claim of Anthony and Mary Ann George by Attorney Daniel B. O'Leary, Suite 300, Minnesota State Bank Bldg., St. Paul, Minnesota, filed on July 5, 1979, was read. Referred to the City Attorney's Office. Claim of Michael Ray, 949 W. Nebraska Avenue, St. Paul, Minnesota, filed on July 3, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Richard Sternquist, 1710 Race St., St. Paul, Minnesota, filed on July 6, 1979, was read. Referred to the City Attorney's Office. Claim of Ray Neudauer, 2931 W. Owasso Blvd., St. Paul, Minnesota, filed on July 5, 1979, was read. Referred to the City Attorney's Office. Petition of HRA to rezone to P-1 Parking, Lots 10 and 11, Block 81, St. Anthony Park at 2330-2338 Long Avenue. Referred to the Finance Department for check as to sufficiency. Petition of HRA to rezone to B-2 Community Business, Lots 1, 2, and 3, Hoard's Sub. of Lot 19, Hewitt's Outlots at 2362-2380 Territorial Rd. Referred to the Finance Department for check as to sufficiency. Petition of HRA to rezone to I-1 Industrial, Lots 19 and 20, Block 83, St. Anthony Park at 2277-2279 Ellis and 2273 Long. Referred to the Finance Department for check as to sufficiency. Petition of HILA to rezone to RM -2 Multi -Family, Lots 9 and 10, Block 82, St. Anthony Park at 2325-2345 Ellis Avenue. Referred to the Finance Department for check as to sufficiency. C.F. No. 273289. intment of eleven persons to serve on the 1979 Resolution approving the appo Citizens Budget Advisory committee. eas - 6 Plays - 0 Adopted. Councilwoman Hunt asked who will put the committee into motion and what are the expectations of the committee and after some discussion Councilman Maddox moved that the Council President call together the committee for its first meeting with the understanding that they would theen elect their ownNays-chairman. Adopted. Yeas C.F. No. 273290. Resolution approving the appointment by the Mayor of Michael Streater, 9 West Seventh St., to the position of Treasurer of the Clean Capitol City Committee. Adopted. Yeas - 6 Nays - 0 C.F. No. 273291. of North fResluton orothelsaleutoo No. 1St.ePaul tof various otypes tof1asphalt Casyproduced by the au the Cities asphalt plant. Yeas - 6 Nays - 0 Adopted. C.F. No. 273292. greement between the City and the Port Authority Resolution authorizing an a in connection with the Urban Development Action Grant for the Brown and Bigelow relocation project. Yeas - 6 Nays - 0 Adopted. C.F. No. 273293.ert of the Resolution approving the height and location of a fence on property North End Improvement Club at 1079 Rice Street, providinrsementoffor a$st 00 sign and a left -turn only sign AND authorizing filing fee paid in connection with an appeal to the Board of Zoning Appeals. Adopted. Yeas - 6 Nays - 0 C.F. No. 273294. Resolution authorizing the execution of an agreement leasinthecertperain property under the Selby Bridge to Suburban Plumbing Supply CO- between June 1, 1979 thru Jan. 31, 1985.Yeas - 6 Nays - 0 Adopted. C.F. No. 273295. g Drive -In Restaurant License'to Ra1co Co., Inc. at 841 E. Resolution grantin Maryland Avenue. yeas - 6 Nays - 0 Adopted. C.F. No. 273296. Resolution granting Drive -In Restaurant License to W.W.P., Inc. at 2379 W. Seventh St. Yeas - 6 Nays - 0 Adopted. C.F. No. 273297. Resolution granting Bingo Game License to St. Paul Soccer Club, Inc. at 408 Main St. yeas - 6 Nays - 0 Adopted. C.F. No. 273298. Sale Liquor License to V.I.P. Productions,Inc. Resolution granting Sunday On at 400 Sibley St. Yeas - 6 Nays - 0 Adopted. C.E. No. 273299. Resolution granting various licenses 6to persons as listed. Adopted. Yeas - C.F. No. 273300. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 Mr. Bernard Carlson, Director of Finance and Management Services, appeared and referred to the city survey being funded by the Breamer Foundation and he said they have procured the services of Mid -Continent to conductthe sut a survey and said Mr. James Frazee, Vice President of Mid -Continent, exp they have had good response from citizens with no reluctance to be interviewed or the time involved in interviewing and based on the response so far he recommends that the survey be continued. Councilman Maddox suggested a discussion on Thursday of this week concerning procedures for the replacement of the Police Chief anditas agreed that the matter should be placed on the Thursday, July 12th, agenda. Councilman Maddox asked for a report on the Liquor Investigation and Councilman Hozza said he met with representatives of the Ramsey County Bar Committee and they will be meeting today and will be making a recommendation to the City Council. Councilman Levine moved that the meeting Adopted. ourned. ,- - - Copies sent to Co limen % a 3 L�/; Minutes approved by Council 7�3 //% 7 J 57656. MINUTES OF THE COUNCIL 9:00 A.M. July 11th, 1979 COUNCIL CHAMBERS - CITY HALL'& COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:10 A.M. Present - Councilmen Hunt, Maddox, Showalter, Tedesco, President Hozza... 5 Absent - Councilwoman Butler, Councilman Levine ... 2 (Councilman Levine arrived at a point during the meeting. Application to increase the area for the service of On Sale Wine by Sam and Norma Frattallone, doing business as Napoli Cafe at 1406 White Bear Avenue. (No one notified to attend.) The following resolution was submitted. C.F. No. 273301. Resolution approving change in the area for the service of On Sale Wine by Sam and Norma Frattallone at 1406 White Bear Avenue dba Napoli Cafe. Adopted. Yeas - 5 Nays - 0 Bingo Application - Juan Diego Club of Our Lady of Guadulpe Church, 459 Wabasha Street, 50 periods. (Rev. Raymond Monsour, Pastor, and Florence Corcoran, Manager, notified to attend.) The following resolution was submitted. C.F. No. 273302. Resolution granting Bingo License to Juan Diego Club of Our Lady of Guadalupe Church. Adopted. Yeas - 5 Nays - 0 Request by Nickel Joint, Inc. and Martha O'Connor to have Martha O'Connor's name added to --the On Sale Liquor and miscellaneous licenses recently transferred to the Nickel Joint, Inc. at 501 Blair Avenue. (No one notified to attend.) The following resolution was submitted. C.F. No. 273303. Resolution granting tranfer of On Sale Liquor License from Nickel Joint, Inc. at 501 Blair to read Nickel Joint, Inc. and Martha O'Connor at the same address. Adopted. Yeas - 5 Nays - 0 Application for the transfer of the On Sale Liquor and miscellaneous licenses issued to Alfred J. Rubbelke at -1420 W. Seventh Street, doing business as The Lost Knight, to Gege, Inc. at the same address. (Perry S. Caturia, President, and Marissa J. Bongiovanni, Vice President, notified to attend.) The following resolution was submitted.' C.F. 'No:"273304. Resolution granting the tranfer of On Sale Liquor License and cmisscellaneous the same licenses ffrom Alfred J. Rubbelke at 1420 W. Seventh Street to Gege, Adopted. Yeas - 5 Nays - 0 Councilman Levine arrived at this point in the meeting. Application for the transfer of the On Sale Liquor and miscellaneous licenses issued to Larry Brennan's Liquors, Inc. at 315 W. Seventh Street, doing business as Larry Bee's Liquors, to Don Stuart Johnson and Mary K. Johnson at the same Address. following resolution waDon S. Johnson and Mary K. Johnson notified to attend.) submitted. C.F. No. 273305. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Off Sale Malt and Cigarette Licenses from Larry Brennan's Liquors, Inc. at 315 W. Seventh Street to Don Stuart Johnson and Mary K. Johnson at the same address. Adopted. Yeas - 6 Nays - 0 July , ) \ 11th 1979. 57657. Application for a Gambling Session Permit by the Minnesota Humane Society, 500 Rice Street. (Barafollowing resolution was submitted.Kraemer, Manager, notified to attend.) The C.F. No. 273306. ing Gambling Session license to Minnesota Humane Society a Resolution grant 500 Rice Street. yeas - 6 Nays - 0 Adopted. Public hearing on the Sauna and Motion Picture Theatre License issued m Linda Sauna. (Recommended M. Spencer at 606 Rice Street, doing business as Cosmos ended for revocation by the Division of License and Permit Administration. This matter was previously considered on June 279 1979). ed the previous testimony that was given Mr. Garvey, Assistant City Attorney, review to the City Council. President Hozza asked if the licensee or anyone appearepresenting the licensee was present and wanted to be heard and no one' solution be prepared revoking the license. Councilman Tedesco moved thattheeas prop Nays - 0 er Adopted. Report of survey relating to taxicab rates and procedures in other cities. . Paul City (Requested by the StCouncil on May 16, 1979). d the an l Mr. Carchedi iesai This survey 1 iastheenumberben uoftcabso ontheSt. Paul has major fewer cabs on the streets then most cities. At the question of Councilwoman Hunt, Mr. Carchedi said he was unable to determine but there are the exact number of cabs on the streets uestionedeissued. the manner in which Mr. Miley, Attorney representing Yellow Cab Company, q the survey was conducted and said other data is necessary including the number of hotel rooms and the number of conventions. ested Mr. Carchedi said it was an informational survey requC uncilt the time of the rate increase and is just for the information of the City Mr. Miley suggested that the report not be used as evidence in the hearing on the need for additional taxi service. Discussion on the need and necessity of issuing additional taxicab licenses the City of St. Paul. said an application of Green and White T Taxicab Mr. Garvey, Assistant City Attorney, Co. has been submitted and the Council agreed to hold a hearing to determine the \ need for additional taxicab service. Diane Lynch, representing the St. Paul Area Chamber of Commerce, said they have had numerous compains on erlbuttthey are lbothsoutlOf towntandasheaurgedvthat thee two apeopleff working matter continued on the matttt for one week before there is a vote. id the level of business in St. because the au is A man who lives on Westminster Street saowner of one slow and he is afraid of the future of the cab company has done an admiral cab company has made enemies and he thinks City Wide Company job improving service in St. Paul. eighteen Richard Timm, 3743 No. McKnight Rd.; said he has been a cab .employee for additional years and isthe steward of the at thisTt msterse. said Union the rushdonly ramounts s feel ntoaabout two cab servicethis is fifty dollars and full time drivers receive hours a day and the average gross forty-nine percent plus tips. He said many drivers are buying new cars and will be transferring cabs from Yellow Cab to themselves. lan is used in other At the question of Councilman Maddox, Mr. Timm said the leasing p cities where drivers own cars and lease the name e and facilities of made a sty a cab coompny. Bob Janacek, owner of Yellow Cab Company, saidned cabs. recently and those that are succeeding have gone to individually ow operating At the question of Councilwoman Hunt, Mr. Janacek saidthat they had 82 licenses in 1978 and now have 62 licensed vehicles and areplan for the 82 licenses and d Couto ncilwoman Hunt asked for a short and long range P Mr. Janacek said he intends to transfer them if legal and would lease up vehicles and he said if all 82 were operated individual drivers could not make about forty percent and incoming calls have said his gross revenue has declined by Councilwoman Hunt asked if City Wide Cab Company affected his business and Mr. apace enough money to continue decreased by about fifty percent. Councilman Maddox referred to a number of complaints and the condition of cabs he asked how long it would take to put a program into action and in July my and eight more has six newer vehicles on the street now and plans eight more n in.Aug ust. MGarvey said he has not At the quereceived a request stion of Councilman Maddox, r. Y for an opinion concerning cab leasing. (Discussion.continued to the following page). J 57658. July 11th, 1979. - (Discussion continued from the previous page). 14 Mr. Janacek said he hopes to have a formal letter submitted next week requesting an opinion.ake Councilman Maddox asked for a definite commitment on how long it w�-thtend of Mr. Janacek said he will have ten additional vehicles operating bye August. Mr. Carchedi said Mr. Janacek discussed the matter of leasing with him and was told it would take an ordinance amendment and he also discussed the matter of using cars acquired from the State of Minnesota. At the question of Councilman Levine, Mr. Janacek answered questions aackagehe purchase of new automobiles and the difficulty in obtaining the taxi p in full size automobiles and said at this time of the year they are very seldom overloaded with business. At the question of Councilman Tedesco, Mr. Janacek said he will put sixteen more sixty cars on the street and he doesn't thinkve usinessmore would e erw arrantll be more showhanprofit. cars and the more companies y ou Councilman Levine said he is unclear as to the exact proposal of Mr. Janacek an on said -no additional service is necessary and yet Mr. Janacek is he said one pers proposing to put sixteen more cars on the streets. Mr. Janacek said the number of cabs on the streets is seasonal and the number of calls are one half of those in 1978. of Councilman Maddox, Mr. Janacek said his payroll checks are between At the question $45.00 and 00 with an average of between $60.00 o $o0ut00- business and said $145of Councilman Maddox expressed concern about putting p P from what he heard today the drivers could make more on welfare then driving cabs. Councilman Tedesco said he hasn't heard anything new and he would not support a new application. A resident at 181 Maple said he drives a Yellow Cab and earned $40.00 in fourteen Paul hours last night said thd if ethe Councileshouldin St.considerecutting not idown ng athe bs annumber of quality is the question if years of cars. He said some people call both cab companies and the one who gets there first gets the business and a new company would have to hire and said rookie drivers. system Ms. Curtiss a Yellow Cab driver described the dispatching cabs are on the streets the drivers would lie about their positions and with new inexperienced drivers there will be more accidents. Ms. Hill said the biggest check she every had was $206.00 a week driving a cab and she couldn't make it driving a cab with a new company involved. Ms. Rodriquez,1350 Goodrich, saidYellowto Yellow Cabband thatare happenedbothcab to United Cab dthey she and herCaband don't want the same thing to happen St. Paul Cab Company. at 400 Collins said there is not enough business A driver for City Wide Cab residing in this town for three companies. the At the question of Councilwomanprovideunt, for theiraownsmaintenancetwelve oworksn andtherecisst no City Wide Cab Company and central maintenance garage. A Yellow Cab Company driver said abetter method to improve service would a to require better cars and maintenance. At the question of Councilman Tedesco, Mr. Carchedi said Green and White Company would have to hire union employees the same as other companies. Mr. Ukes, 1504 St. Clair said cab driving is a second job for him and a driver must for to ge work five days a week for etghealthrinsurancenand withxa newhcab company ndrivers iority and then ninety days more to g have to build seniority over again. He said St. Paul is not a taxicab changing would an will hurt the present oodhidea but ethe tnew cabcamp in and he thinks the town but he thinks the people leasing of cabs might be a g companies. Lester Mussehl said he is one of the owners of a City Wide Cab and St. Paul is no a taxicab town and he paysover $2,000 insurance a year. Ed Lynch representing Green and White Taxicab Company said the questions involved relate to quay and quality and even those against more cars admit that the cars could be improved and at times the service could be imroved. He uarantee osaid the fncern of the drivers is legitimate but the issue of licensingis not a q supported. He said profitability and the applicant feels forty new vehicles can be he thinks the downtown will intends toincrease their develop and increase the nxicab service nd apparently there is a need because Yellow Cab Company numb the sree ll the factsshenthinkstthetCouncils but hey should'makent competition. He a determination thatatheretis aeneedg a for additional taxicab service. benefits when transferring Councilman Tedesco expressed concern about drivers losing to another company. Ms. Jones explained why a company cannot pick up the benefits of another comp A representative of Teamsters Local 120 said they are not a hiring hall and each company has its own contract and seniority list - (Discussion continued to the following page). July 11th, 1979. 57659. (Discussion continued from the previous page). Ron Wille, 153 So. Lexington and a Yellow Cab driver, questioned whether three companies could support the drivers. Ms. Rodriguez said she hopes Green and White takes better care of their cars then they do on the Suburban Taxi Company cars.` Paul Schmadebeck, Manager of Green and White Cab Company, said he has 30 applications for employment and some of them are Yellow Cab Company drivers and he said they are negotiating with Local 120 and will honor their contract. He said that he thinks 40 percent of the loss in revenue to Mr. Janacek is due to the other cab company and he thinks the general public doesn't want to ride in Yellow Cabs and also he said full size cars are available for taxicabs. He said financing is also available and their fleet is financed by Chrysler Motor Company and he said the drivers book $100 a shift and he has entirely driver owner operated fleets. He said several weeks ago he made an offer to purchase Yellow Cab Company and has negotiated with Mr. Janacek and he said taxicab business is no longer seasonal and package delivery is essential to the business. Mr. Janacek outlined the number of calls received per month from September of 1978 thru June of 1979 and noted that the number has decreased by about one half and he said last weeks gross booking was about $5,000 lower then June. At the question of Councilman Maddox, Mr. Janacek cited the difference in gross bookings between similar months in 1978 and 1979 and he also said he is fully licensed to carry packages. Councilman Maddox asked for a written report from Mr. Janacek on his plans and Mr. Janacek said he will put such a report in writing before the next hearing and he said he was approached by Suburban Cab but never agreed to a price. Mr. Miley said he thought the hearing today would allow cross examination in order to allow an examination of the real issues involved and he said the Chamber of Commerce has received complaints but they don't know where the complaints came from and there is no sworn testimony. He said the testimony given today is hearsay and also the background of the new applicant should be checked and he urged that a finding be withheld until a plan is submitted for approval. Mr. Foley a Yellow Cab driver explained the difference of operation between St. Paul and Minneapolis and he said it would not make sense to add an additional company and we should make Yellow Cab Company improve their cars. Another person appeared and said a new company would take cabs away from Yellow Cab and we should check the Suburban Cab operation in the suburbs. Mr. Miley noted that they did not ask any of the employees to appear today and give testimony on their behalf. Councilman Maddox moved that the public hearing be closed. Councilman Hozza noted that the Chamber of Commerce has asked for additional time to present testimony and Councilman Tedesco said he would oppose a motion to allow the additional testimony. Councilman Maddox said he came to the Council today intending to vote on the matter and Councilman Levine said he would like to see the plans of Yellow Cab Company. Roll call on the motion to close the public hearing. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter said the Council did not ask Mr. Carchedi to assess the question about use of taxicab service and she was aware of Yellow's proposal to go into leasing. She said she thinks competition is essential but over saturation is foolish and she doesn't favor an additional cab company. Councilman Maddox moved that the matter be tabled until November 30, 1979 and that Mr. Janacek prepare a written statement in the next three weeks as to his plans for a better cab company. Councilman Levine said he has agreed with much of the testimony today but the needs when St. Paul had one hundred and twenty-five cab licenses were different then they are now and he will not support a new cab company at this time. Councilwoman Hunt said she agrees with the motion but would like to see significant progress in the plan by November 30, 1979. She said Mr. Janacek has come before the Council several times and very often has been vague and inconsistent and she thinks there is a serious management problem in the Yellow Cab Company and need for improvement in order to allow the plan to be implemented by November 30th. She also said it is not fair to issue additional cabs until City Wide Cab Company reaches their maximum. Councilman Tedesco said he thinks by November 30th there will be more cabs on the streets and he has had very few complaints on the City Wide Cab Company. Councilman Maddox said he has had hard discussions with Mr. Janacek and he hopes he takes the motion to heart and comes in with a proposal Councilman Levine and Councilman Maddox requested a vote on the question and Councilman Hozza said the public hearing is closed but a response from Yellow Cab Company should be allowed. Mr. Miley asked for a position of Councilwoman Hunt on the leasing operation and Councilwoman Hunt said she would like to see the written proposal before making a commitment. Roll call on the motion to table the matter to November 30th, 1979. Adopted. Yeas - 6 Nays - 0 J 57660. July 11th, 1979. Informational report by the License and Permit Division and the City Attorney's Office regarding Mr. Ray Anderson. Mr. Garvey reviewed the operation of Mr. Anderson and said on Monday an investigation showed possible misuse of the property. At the question of Councilman Hozza, Mr. Carchedi said there is no reason to deny a building contractor license application of Mr. Anderson. Councilman Maddox said he can't see granting another license with the record that Mr. Anderson has. Councilman Hozza asked whether issuance of a building contractor license gives permission to use the property differently then in the past and Councilman Tedesco said the operation is a detriment to the neighborhood and should be removed. Ms. Weida said additional storage of materials with a building contractors license would be against the court injunction. Councilman Tedesco said he met with people from District 5 and the biggest problem in that district is the Ray Anderson operation. Mr. Carchedi said he can notify Mr. Anderson of a public hearing on the building \ contractor license and Councilman Maddox so moved. Councilman Hozza explained that a public hearing should not be taken lightly unless there are facts to deny the application and he asked Councilman Maddox to continue the motion for one week. Councilman Maddox withdrew the motion and then moved to instruct the License Inspector not to issue the license until an opinion of the City Attorney is received at next weeks License Meeting. Councilwoman Hunt suggested a provision to the ordinance to allow denial of a license if there are bad operations by the same applicant in other areas. Roll call on the motion to instruct the License Inspector not to issue the license until a City Attorney opinion has been received at the next License Meeting. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that the meeting be adjourned. Copies sent to Councilmen 7/oZ 3/7 Minutes approved by Council 7/3//% / 57661. MINUTES OF THE COUNCIL 10:00 A.M. July 12th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A!M. Present - Councilmen Hunt, Levine, Maddox, Showalter, President Hozza...5 Absent - Councilmen Butler, Tedesco...2 (Councilman Tedesco arrived at a point during the meeting). Approval of minutes of City Council Meetings of June 12, 14, 19, 20, 21, 26, 27, and 28, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco arrived at this point in the meeting. C.F. No. 273307. Resolution ordering the correction or wrecking and removal of a structure at 695 Edmund. Tom Strohkirch of the Building Department circulated pictures of the property and said it has been damaged extensively by fire, is boarded and there is no action to rehabilitate. Julie Richards said she and her husband own the property but are not living together and she was informed that her husband would be demolishing the building and the procedures after adoption of the resolution were explained by Mr. Strohkirch. Ms. Richards said she is not against demolition and thought it should have been done by now and is only concerned about removing some personal property. After some discussion it was suggested that Ms. Richards meet with Mr. Strohkirch immediately after the City Council Meeting to further discuss the matter. Roll call on the resolution. eas - 6 Nays - 0 Adopted. Y C.F. No. 273308. Resolution ordering the correction or wrecking and removal of a structure at 246 Edmund. Mr. Strohkirch of the Building Department circulated pictures of the property and said it has been damaged extensively by fire, is boarded and there is no,-: response from the owners and he recommended that the Council proceed with condemnation. Ms. Lambert, 562 Galtier, said she and other neighbors favor demolition and there are children entering the property and there is also another house on Edmund next door to this property that should be demolished. After some discussion Ms. Lambert was urged to confer with Mr. Strohkirch concerning the other property involved. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. Petition of James P. Snavely and others for the vacation of a portion of South Wheeler Street north of Morgan Ave. (Laid over from June 26th, 1979) Councilwoman Hunt moved that the matter be laid over to July 26th. Adopted. Yeas - 6 Nays - 0 C.F. No. 273213. FINAL ADOPTION. ORD. NO. 16548. An ordinance amending Section 54.15 (c) of the Legislative Code with respect to wood frame multiple dwellings. Adopted. Yeas - 6 Nays - 0 C.F. No. 273281. SECOND READING. An ordinance amending Section 438.07 (a) of the Legislative Code to permit possession of regulated beverages on streets and in parks under certain circumstances. Laid over to July 17th for Third Reading. J 57662. \ July 12th, 1979. Claim of Stephen R. Letendre, c/o Fran Helgerson, 1242 Hazelwood, #105, St. Paul, Minnesota, filed on July 6, 1979, was read. Referred to the City Attorney's Office. Claim of Warren H. Schmitt, 2073 Hamlin Avenue No., St. Paul, Minnesota, filed on July 9, 1979, was read. Referred to the City Attorney's Office. Claim of Mildred S. Walsh by Attorneys Cochrane & Bresnahan, 360 Wabasha St., .St. Paul, Minnesota, filed on July 9, 1979, was read. Referred to the City Attorney's Office. 4 Summons and Complaint in the matter of Darrell Christoferson and Mark Christoferson versus the City of St. Paul. Referred to the City Attorney. Letter from the Director of Finance and Management Services reporting the petition of Richard Pearson to rezone Lot 5, Block 58, Arlington Hills Addition is r sufficient. Referred to the Planning Commission for recommendation. Administrative Orders: D 4964 - Addition of $81.00 for office furniture for the City Hall Annex Contract. D 4965 - Extension of time of completion for roadway improvements in Dayton Ave. Fairview to Snelling Ave. D 4966 - Revision of speed limits on parts as listed of Western Ave., Irvine Ave. and Walnut Street. D 4967 - Increase of mileage reimbursement for Neighborhood Assistance Officers. C.F. No. 273309. Resolution amending the Civil Service Rules and inserting the title Administrative Manager -Planning and Economic Development in Section 3.K, Grade 22, Professional -Administrative Supervisors Group AND inserting its specifications in Section 32. (Second Reading and Adoption). Adopted. Yeas - 6 Nays - 0 C.F. No. 273310. Resolution amending the Civil Service Rules by striking the present and inserting new specifications for the title Service Worker II in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273311. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273312. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273313. Resolution granting Drive -In Restaurant License to Gerald Dettinger at 1155 Montreal Avenue. Adopted. Yeas - 6 Nays - 0 C.F. No. 273314. Resolution granting Temporary On Sale Malt Beverage License to Little Sisters of the Poor at 90 Wilkin Street. Adopted. Yeas - 6 Nays - 0 C.F. No. 273315. Resolution granting transfer of Butcher License from Marvin Merrick at 719 Burr Street to Joseph Kausner and Joseph Tucci at the same address. Adopted. Yeas - 6 Nays - 0 C.F. No. 273316. Resolution granting transfer of Taxicab and Insurance coverages issued to St. Paul Yellow Cab Co., Inc. from one 1974 Plymouth to one 1977 Ford. Adopted. Yeas - 6 Nays - 0 C.F. No. 273317. Resolution consenting to the issuance of Port Authority Revenue Bonds in the / amount of $3,500,000 to finance the construction of a 78,000 square foot regional distribution facility for the Fisher Nut Co. Division of Beatrice Foods Co., Inc. Adopted. Yeas - 6 Nays - 0 4 July 12th, 1979. 57663. C.F. No. 273318. Resolution consenting to the issuance of Port Authority Revenue Bonds in the amount of $1,440,000 to finance the construction of a manufacturing and distribution facility for the Twin City Concrete Products Co., Inc. located at Arlington and Jackson Streets. Adopted. Yeas - 6 Nays - 0 C.F. No. 273319. Resolution consenting to the issuance of Port Authority Revenue Bonds in the amount of $1,805,000 to finance the warehouse/distribution facility for C, C & B (Terminal Warehouse Company, Inc.). Adopted. Yeas - 6 Nays - 0 C.F. No. 273320. Resolution adopting the Central Business District Boundary Designation as recommended by the St. Paul Planning Commission. Adopted. Yeas - 6 Nays - 0 Resolution approving the Central Business District Parking Policy Plan as an amendment to the Comprehensive Plan. Councilman Maddox requested that -the resolution be referred to the City Development and Transportation Committee and it was so ordered by the Council President. C.F. No. 273321. Resolution authorizing a lease agreement with Metropolitan Airports Commission for leasing of Rooms 124 and 125 at the Administrative Office Building at St. Paul Downtown Airport. Adopted. Yeas - 6 Nays - 0 Discussion on procedures for selection of a Police Chief. Councilman Maddox said he requested that this item be placed on the agenda to begin discussions on the procedures and he cited the procedure in the charter and the provision for a choice between a special examining committee and the Civil Service Commission and he expressed interest in having an in-house promotion. He moved that the selection be made from an in-house promotion. He also said he is in favor of appointing a citizens committee because no one on the Civil Service Commission has police background. Councilman Hozza asked the City Attorney if an opinion requested by Councilwoman Hunt is ready and Mr. Starr, City Attorney, said the request for opinion was received and is being processed. He said he thinks the motion of Councilman Maddox may not be y legal and the charter delegates the.screening process to a committee or the Civil Service Commission.f the process and said we should receive \ Councilwoman Hunt stressed the importance o the opinion before taking any steps. She said she favors -a Civil Service Commission procedure unless there are strong arguments to the contrary and is reluctant to support a special committee at this time because there is a pending vacancy. Councilman Maddox said which ever committee is used they should counsel people with police background and he also thinks it should be clear that it should be promotional. He said if the motion is illegal he will make it clear that he will not vote for a person unless they are presently a member of the Police Force. Councilwoman Hunt said .there are strong reasons for the charter provisions and they have had good procedures in the past and we shouldn't determine on the first day of discussion that we will only appoint a promotional candidate: Councilman Maddox said there are two processes and we should decide which one to use. Councilman. Hozza said any action of the Council must be proposed in resolution or ordinance form and he would prefer to wait for an opinion from the City Attorney and then discuss the matter again. laced on the After some discussion it was agreed that the matter would be again p agenda for discussion when the City Attorney opinion has been submitted. A letter of R. Scott Davies, Attorney representing Midwest Plastics, Inc., was noted requesting that a public hearing on an appeal to a decision of the Board of Zoning Appeals affecting property in Block 4, Ames Outlots be rescheduled from July 26th to July 31st, 1979. Councilman Tedesco said he viewed the area and he urged all Councilmen to go out and view the property prior to consideration. Councilman Maddox moved that the request be granted. Adopted. Yeas - 6 Nays - 0 57664. July 12th; 1979. Councilwoman Showalter moved that the rules be suspended to consider a resolution not on the agenda. Yeas - 6 Nays - 0 Adopted. C.F. No. 273322. Resolution authorizing repayment of interim expenditures for project costs for purchase and preparation of Parcel 21-1, District 17, Harkins Bowling Alley. Adopted. Yeas - 6 Nays - 0 Councilman Maddox said he heard a presentation yesterday concerning the Gillette Hospital site and he said he thinks the process is backwards and he suggested that the committee hear proposals before going out for a public hearing. Councilman Hozza said he disagrees and he thinks it is appropriate to determine the proper use for the property and then advertise for proposals. Lee Runyon from District 5 said the people were stunned when they learned that the buildings are sound but no attempt has been made to study reuse. Councilman Hozza stressed that his vote on the motion was not a final position and he stressed that he wants to hear the people before deciding the use of the property and he thought the motion was premature. Mr. Runyon referred to strong feelings by some Councilpeople that the area should be used for housing and Councilwoman Hunt said at one time the people indicated their first choice was open space and their second choice was residential use. Councilman Tedesco said he viewed the buildings but made no commitment and he said all the District Councils want open space but he doesn't know whether we can afford it. Mr. Runyon suggested that the City Development and Transportation Committee reconsider their motion and get proposals before holding the public hearing. Councilman Tedesco left the meeting at this point. At the question of Councilwoman Showalter, Mr. Runyon said he is in the process of \ taking a poll of the residents in the area concerning reuse of the property. Mary Osiecki said she visited with some of her neighbors and she and others feel that open space is not the best use and the Council should not close the door to proposals. Councilman Maddox referred to the comments of the Green and White Taxicab Company on the -media yesterday concerning their intention to start cab service without a license and Councilman Hozza said he thinks the License Department should have a cab inspector added to their staff from now until November 30, 1979 to enforce the city ordinance. ary inspector be provided and that the Councilman Maddox moved that such a tempor temporary license cab inspector to the City Administration be requested to add a License Division Staff from now until November 30, 1979. Adopted. Yeas - 5 Nays - 0 Councilwoman Showalter moved that the mee a adjourned. Adopted. Yeas - 5 Nays - 0 A A D J 0 U cR 6 E=11:15 A.M. 1 CouncA� rrv-rruV— // I ( Copies sent to Councilmen � a 3/ i Minutes approved by Council , 3 _ % 9 city Clerk. 57665. MINUTES OF THE COUNCIL \ 10:00 A.M. July 17th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Mr. Vice President Tedesco ... 5 Absent - Councilmen Butler and Hozza... 2 Hearing was held on the petition of HRA for the vacation of parts of Winifred, Clinton, Robie and Greenwood Streets. A letter of the Valuation Engineer was not recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. Councilman Maddox moved that the City Attorney be requested to prepare a resolution granting the petition subject to the terms and conditions recommended by the Valuation Engineer. Yeas - 5 Nays - 0 Adopted. Hearing on the petition of Richard J. Paradise and others for the vacation of Fulton St. between Jefferson and the proposed parkway. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. e City Attorney be requested to prepare a resolution Councilwoman Hunt moved that th granting the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 5 Nays - 0 FINAL ORDER. In the matter of grading and paving the alley in Block 8, Watt's Park from Howard St. to McKnight Rd., under P.O. 273005. (Laid over from June 19, 1979) \ A resident at 2239 E. Minnehaha appeared in support of the improvement and filed a petition of eleven names in favor of the proposal. Mr. Eggum of the Valuation Engineer's Office said they had been requested by the Council President to notify property owners that this matter should be laid over because the Public Works Committee had not considered the matter and after some discussion Councilman Maddox moved that this order and the next three orders be laid over to July_ 31st, Adopted. Yeas - 5 Nays - 0 .FINAL ORDER. In the matter of condemning an easement for slopes, cuts, and fills in connection with the improvement of the alley in,Block 8, Watt's Park from Howard St. to McKnight Rd., under P.O. 273006. Laid over to July 31st.. FINAL ORDER., In the matter of opening, grading and paving the alley in Block 72, W. J. Godfrey's Subdivision, under P.O. 273009. Laid over to July 31st, 1979._ FINAL ORDER. In the matter of opening, grading and paving and condemning slopes, cuts, and fills in connection with the alley in Block 72, W. J. Godfrey's Subdivision, under P.O. 273010. Laid over to July 31st, 1979._ FINAL ORDER. In the matter of grading paving the east -west alley in Block 7, Morton's Addition from Arkwright Street to the east line of Lot 21 in said Block 7, under P.O. 273177. A resident at 404 E. Nevada said he built his garage recently facing Arkwright St. and is opposed to the improvement. (Discussion continued to the following page). 57666.r July 17th, 1979. (Discussion continued from the previous page). Mr. Speciale said he owns Lots 24 thru 30 - and questioned the amount of property being condemned. At the question of Councilman Tedesco it was noted that there are several property owners present in opposition to the improvement. A resident at 422 Nevada said he was originally in favor of the proposal as were most of his neighbors but since it has been changed they are now opposed to it. Councilman Levine moved that this order and the following order be denied. Adopted. Yeas - 5 Nays - 0 FINAL ORDER. In the matter of opening, widening and extending and condemning easements for slopes, cuts, and fills in connection with the improvement of the alley in Block 7, Morton's Addition, under P.O. 273178. (Order denied by vote on previous matter.) C.F. No. 273323. FINAL ORDER. In the matter of reconstructing sidewalks on portions of Summit Ave., Randolph, E. Nevada, No. Dale, Rice St., Aldine St. and Herschel Streets, under P.O. 273179. A lady appeared and spoke in favor of the sidewalk on Aldine Street and asked about the width and Mr. Kuhfeld said the sidewalk will be replaced at the same width as the present sidewalk. Ms. Wagner, 965 Randolph, spoke in opposition to the reconstruction on Randolph Avenue and Mr. Kuhfeld explained the need for sidewalk and the need to fill certain areas to provide a level sidewalk. Mr. Leitner, 931 Randolph Avenue, spoke in favor of the Randolph sidewalk reconstruction and referred to standing water in several areas. Councilman Levine moved approval of the order with the understanding that the Public Works Department would contact Ms. Wagner and go over the proposal as it relates to her property. Adopted. Yeas - 5 Nays - 0 C.F. No. 273324. FINAL ORDER. In the matter of reconstructing sidewalks on W. Seventh St. from Bay to Watson and on Rice St. from Sherburne to Charles, under P.O. 273180. No one appeared. Councilman Maddox moved that the order be approved. Adopted. Yeas - 5 Nays - 0 C.F. No. 273325. FINAL ORDER. \ In the matter of reconstructing sidewalks on portions of Como Avenue, Rice St. and W. Seventh St., under P.O. 273181. No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 273326. FINAL ORDER. In the matter of reconstructing sidewalks on portions of Cleveland, Ashland, Milton and E. Hawthorne, under P.O. 273182. No one appeared. Councilman Maddox moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 273327. FINAL ORDER. In the matter of reconstructing sidewalk on the South side of Field Avenue abutting 2004 Field Avenue, under P.O. 273183. No one appeared. Councilwoman Showalter moved approval of the order. Adopted. Yeas - 5 Nays - 0 C.F. No. 273328. FINAL ORDER. In the matter of constructing sidewalks on Griggs Street east side from vacated Stanford Avenue to the north 33 feet at 296 So. Griggs, under P.O. 273184. No one appeared. Councilman Maddox moved that the order be approved. Adopted. Yeas - 5 Nays - 0 C.F. No. 273329. RESOLUTION RATIFYING ASSESSMENT. In the matter of grading and surfacing the alley in J. R. Barton's Addn. from Milton St. to Palmer St., under P.O. 268660. No one appeared. Councilman Maddox moved approval of the resolution. Adoped. Yeas - 5 Nays - 0 \ July 17th, 1979. 57667." C.F. No. 273330. RESOLUTION RATIFYING ASSESSMENT. In the matter of the grading and surfacing of the alley in McAnulty and Shea Addition from Kilburn St. to 176 feet west, under P.O. 268658. No one appeared. Councilwoman Showalter moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 273331. RESOLUTION RATIFYING ASSESSMENT. In the matter of the grading and surfacing of the alley in Block 7, St. Anthony Park North, under P.O. 268806. No one appeared. Councilwoman Showalter moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 273332. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing a public storm sewer to be known as the Maria -Third and Cypress St. Storm Sewer System, under P.O. 255309 and P.O. 255310. Lewis Spies, representing the National Association of Letter Carriers at 300 Bates said sewer backups were not eliminated at Third and Bates and he also referred to their assessment which should have been part of the title search when they purchased the property. Mr. Kuhfeld explained the system and said they will investigate the matter of standing water at catch basins. No one else appeared. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 273281. THIRD READING. An ordinance amending Section 438.07 (a) of the Legislative Code to permit possession of regulated beverages under certain circumstances. Laid over to July 24th for Final Adoption, C.F. No. 273333. FIRST READING. An ordinance amending Chapter 424 of the Legislative Code pertaining to applications and examinations for Civil Service employments; prohibiting certain acts and providing penalties therefor. Laid over to July 24th for Second Reading. C.F. No. 273334. FIRST READING. An ordinance amending Section 124.02 of the Legislative Code pertaining to parkways. Laid over to July 24th for Second Reading. \ C.F. No. 27-3335. FIRST READING. An ordinance amending Chapter 6 of the Administrative Code entitled "Dept. of Public Works" AND providing for its reorganization. Councilwoman Hunt requested that the ordinance be referred to the Finance, Management and Personnel Committee and it was so ordered by Mr. Vice President Tedesco. Claim of Albert E. Bisciglia, 213 West King St., St. Paul, Minnesota, filed on July 12, 1979, was read. Referred to the City Attorney's Office. Claim of Beverly Koop, 14168 Vale Ct., Eden Prairie, Minnesota, filed on July 12, 1979, was read. Referred to the City Attorney's Office. Claim of Steven C. Kogler, 1129 Lane P1., St. Paul, Minnesota, filed on July 11, 1979, was read. Referred to the City Attorney's Office. Claim of Lydia A. Riley by Attorney John T. Anderson, 715 1st National Bank Bldg., Minneapolis, Minnesota, filed on July 11, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Insurance Co. of No. America versus the City of St. Paul, et al. Referred to the City Attorney. Order from the District Court to show cause in the petition of the HRA in relation to land described in Certificate of Title relating to parts of west side streets as listed. Referred to the City Attorney. J 57668. \ July 17th, 1979. Letter of Mt. Zion Hebrew Congregation Chairman requesting withdrawal of their petition for vacation of part of Greenbrier AND requesting refund of filing fee. Councilman Maddox moved that the request be granted and the filing fee be refunded. Adopted. Yeas - 5 Nays - 0 Letter of the Finance and Management Services Department reporting the petition of Fred and Florence Wynact to rezone property at 389 Sidney St., aka Lot 24, Block 16, West St. Paul Real Estate and Improvement Syndicate Addition, No. 2 is sufficient. Filed, leading petitioner to be notified. Administrative Orders: D 4968 - Authorization for administration of funds provided under the Below Market Interest Rate Home Mortgage Program for projects and institutions as listed. D 4969 - Addition of $341.25 for ornamental street lighting in the Mississippi St. - Case Avenue - York Avenue Area project. D 4970 - Addition of $1,856.50 for items as listed for the Japanese Memorial Garden at Como Park. D 4971 - Additions of $1,837.00 for miscellaneous work as listed in the Public Works Office addition project. D 4972 - Addition of $33,986 for completion of a toilet room at the North End Multi -Purpose Center. D 4973 - Deduction of $2,985.72 for items as listed for the construction of ornamental street lighting at Warner Rd. - Childs Rd. Interchange Project. D 4974 - Deductions of $1,4.35.00 for items as listed in the Phalen Park East Shore Pathway System Project. D 4975 - Payment of $2,926.00 from the Workers' Compensation Account to Julius A. Toth, Dept. of Public Works employee. D 4976 - Payment of $2,953.16 from the Workers' Compensation Account to Garland Bell, Dept. of Public Works employee. D 4977 - Payment of $1,193.98 from the Workers' Compensation Account to Kenneth Nelson, Water Dept. employee. Resolution amending Section 5D of the St. Paul Personnel Rules relating to residency. (First Reading) Laid over to July 24th for Second Reading and Adoption. Resolution approving terms and conditions of a 1979-1980 Memorandum of Settlement between the City of St. Paul and the Twin City Iron Workers, Local 512. (First Reading) Laid over to July 24th for Second Reading and Adoption. \ C.F. No. 273336. Resolution approving execution of an agreement for provision of legal services from the firm of Peterson, Gray & Sheahan, Ltd. in title registration matters. Adopted. Yeas - 5 Nays - 0 C.F. No. 273337. Resolution granting transfer of Beauty Shop License from Gloria Engelke at 1264 Rice St. to John S. Racho at the same address. Adopted. Yeas - 5 Nays - 0 C.F. No. 273338. Resolution granting payment of $351.85 to John J. DeNoma and $838.98 to American Family Ins. and John Bovee out of the Tort Liability Fund. Adopted. Yeas - 5 Nays - 0 C.F. No. 273339. Preliminary resolution authorizing a Rehabilition Loan Finance Program under Chapter 260, Laws of Minnesota for 1975 and Minnesota Statutes, Chapter 462A and City of St. Paul Ordinance Nos. 15975 and 16504 and authorizing the issuance of Revenue Bonds. Councilwoman Hunt noted that the resolution is recommended for approval by the Finance Committee. Adopted. Yeas - 5 Nays - 0 C.F. No. 273340. Preliminary resolution authorizing a Multi -Family Finance Program under Chapter 260, Laws of Minnesota for 1975 or Minnesota Statutes, Chapter 306, and Minnesota Statutes, Chapter 462A, and City of St. Paul Ordinances 15975 and 16504, and authorizing the issuance of Revenue Obligations. Councilwoman Hunt noted that the resolution is recommended for approval by the Finance Committee. Adopted. Yeas - 5 Nays - 0 July 17th, 1979. 57669. Councilman Maddox moved that the City Attorney be authorized to prepare a resolution providing for the payment of legal fees of Mr. Carchedi the License Inspector. Councilman Levine asked if the City Attorney has review this matter and Councilwoman Hunt said the resolution could be prepared but should be referred to committee for proper analysis. After some discussion it was agreed that after the resolution is prepared it should be placed on a Wednesday Council Meeting agenda with other license matters. Roll call on the motion. Adopted. Yeas - 5 Nays - 0 Councilwoman Showalter moved that the rules be suspended to consider two resolutions not on the agenda. Adopted. Yeas - 5 Nays - 0 C.F. No. 273341. Resolution amending C.F. No. 273137 which vacated portions of Hillwood Drive and Hillwood Court so as to extend the time for compliance with the terms and conditions for an additional thirty day period. Adopted. Yeas - 5 Nays - 0 Councilman Maddox left the meeting at this point. C.F. No. 273342. Resolution supporting the general intent of federal law providing for Federal Aid Urban funds and supporting the existing transportation planning process and requesting the Transportation Advisory Board to make a formal annual review to assure that the Twin City Metropolitan Area continues to meet the provisions of the law in the future. Adopted. Yeas - 4 Nays - 0 Councilwoman Hunt referred to a meeting tonight of the Citizens Budget Advisory Committee and she said she was with the understanding that the Council would meet with that committee to give it direction and she indicated that she will be in attendance at the meeting tonight and maybe other Councilpersons should also attend. Councilwoman Hunt moved that the meeting be rned. Adopted. Yeas - 4Nays - 0 A D� J 0 U` RSI E D �1T/7.50 A.M. L Copies sent to CounciNnen / Minutes approved by Council % City Clerk. 57670 J MINUTES OF THE COUNCIL 9:00 A.M. July 18th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA> The meeting was called to order by Mr. Vice -President Tedesco at 9:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Vice President Tedesco ... 5 Absent - Councilwoman Butler, President Hozza... 2 Application for the transfer of the On Sale Liquor License issued to B-A.T., Inc. at 755 Jackson Street, doing business as Bowie's Bar, to B.A.T., Inc. (New Corporation) at the same address. (Howard G. Schumann notified to attend.) The following resolution was submitted. C.F. No. 272343. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Off Sale Malt Beverage, Cigarette and Tavern and Cigarette Vending Machine Operator License from B.A.T., Inc. at 755 Jackson to B.A.T., Inc. at the same address with James F. Thomas as President and Secretary and Howard G. Schumann as Vice President and Treasurer. Adopted. Yeas - 5 Nays - 0 Public Hearing on the application for the transfer of the On Sale Liquor License issued to Heine, Inc. at 488-492 St. Peter Street, to Engine House Associates, Limited, a Limited Partnership at 498 Selby Avenue. Mr. Carchedi said the matter has been reviewed by the License Inspector's office and he recommends approval of the -transfer. Mr. Garvey, Assistant City Attorney, said there appears to be a claim by the Heine children but the transfer appears to be in order and based on the evidence he has seen he recommends approval of the transfer. Rene' Heine, daughter of Robert T. Heine, questioned whether William C. Heine is the legal owner of the License and she referred to forgeries on various license papers and urged that the transfer not be granted until the matter is cleared up. Councilman Tedesco entered into the record a letter of Richard Grayson, attorney for Roberta Heine, requesting no action on the transfer until matters involving the estate can be resolved. \ Mr. Garvey said he assumes that William C. Heine is the legal owner of the license and has the right to transfer the license. Councilman Tedesco left the meeting at this point and returned later in the meeting. Mr. Carchedi said various license papers have been reviewed in his office by Ms. Heine's mother in connection with a divorce proceedings and this is the first time he has heard about the forgery allegations. At the question of Councilman Maddox, Mr. Carchedi said if a license is in an individual's name and.th" individual is deceased the license would revert back to the City in 90 days. Mr. Carchedi also referred to a letter in the file from Mr. Robert T. Heine in 1971 wherein he resigns from the corporation and notifys the City of the sale of stock. The attorney for Mr. Henke of Engine House Associates slid they plan an $800,000. restaurant on Selby and he doesn't think the former ownership questions effect the transfer but Mr. Henke is willing to place the transfer money in escrow. Mr. Garvey said the transfer could be granted with the stipulation that the money be placed in escrow if it is agreed to by both parties. Mr. Bannigan, attorney for Mr. William C. Heine, referred to investigations by several agencies and individuals concerning the various license papers and.said the issue today is the appropriateness of the site and whether the applicant is fit and proper to receive the license and he said there are adequate civil remedies for regress. Councilman Maddox said until the allegations on fraud came up today he was prepared to support the transfer and he asked for an agreement that the money would go into an escrow account. Mr. Garvey said based on the resignation and transfer of stock in 1971 he feels it is proper to approve the transfer if the site is adequate and the applicant is proper. At the question of Councilwoman Showalter, Mr. Garvey said the Heine children have the right to challenge the matter they are concerned about through the court system. (Discussion continued to the following page). (Discussion continued from the previous page). Roberta Heine appeared and said "she would agree to the transfer subject to an escrow account. The attorney for Engine House Associates said they have the monedeciy intoat a escrow. continuance of thirty days would be better then putting period pending Mr. Bannigan said they would escrow the the County Attorney funds for a thirty day p an investigation of the allegations by Councilman Tedesco returned to the meeting at this point. Councilman Maddox moved the approval of the transfer of the Liquor License with the stipulation that the transfer money be putin escrowCouny for 45 Attorney'_ and until the allegations made are investigated Naysb- 0 Abstentions - 1 (Tedesco) Adopted. Yeas - 4 Councilwoman Hunt referred to a letter from the City Attorney concerning the Ray Anderson property and she urged that the City Attorney and License Inspector explore the possibility of revocation on the basis of the items set out in the letter. are conducting an investigation which Mr. Carchedi said he and the City Attorney will be submitted to the Council when completed and the Building Contractor License is not being granted until the investigation is complete: Councilman Maddox moved that Yeas eetinF Adopted. A AT O� C�ityll erk. � 7.c Copies sent to Councilmen minutes approved by Council / % 57672 MINUTES OF THE COUNCIL AM 10:00 A.M. \July 19th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Mr. Vice President Tedesco ... 5 Absent - Councilmen Butler, Hozza... 2 Letter of the Chairman of Rules and Policy Committee transmitting the establishment of rules of procedure for conduct of TV news persons at City Council meetings back to the City Council without recommendation. C.F. No. 272987. SECOND READING. An ordinance amending Chapter 475 of the Legislative Code pertaining to the unlawful dissemination of materials which are harmful to minors. (Letter of the Chairman of the Legislation Committee transmits ordinance with recommendation it be discussed by the full Council). Laid over to July 24th for Third Reading. C.F. No. 272986.SECOND READING. An ordinance amending Chapter 438 of the Legislative Code pertaining to unlawful display to minors of the indecent publications, pictures or articles. (Letter of the Chairman of the Legislation Committee transmits ordinance with recommendation it be discussed by the full committee). Laid over to July 24th for Third Reading. Claim of Hilmer A. Eklund, 2046 E. Magnolia Avenue, St. Paul, Minnesota, filed on July 16, 1979, was read. Referred to the City Attorney's Office. Claim of Joseph T. Green, '783 Fairmount Ave., St. Paul, Minnesota, filed on July 13, 1979, was read. Referred to the City Attorney's Office. Claim of The Home Insurance Co., 4510 West 77th Street, Minneapolis, Minnesota, filed on July 16, 1979, was read. Referred to the City Attorney's Office. Claim of Dennis Ray Pearson, 2324 Giraro Ave., St. Paul, Minnesota, filed on July 16, 1979, was read. Referred to the City Attorney's Office. Claim of Mildred S. Walsh by Attorney Steven I. Winer, 360 Wabasha St., St. Paul, Minnesota, filed on July 13, 1979, was read. Referred to the City Attorney's Office. Claim of John Joyce, 835 Ohio St., St. Paul, Minnesota, filed on July 17, 1979, was read. Referred to the City Attorney's Office. Letter from the State Dept. of Revenue transmitting application of the Twin Cities Area Metropolitan Transit Commission for relief in assessed valuation of certain real estate described in Application No. 282268. Filed. Letter of the State Dept. of Revenue transmitting the application of North Central Public Service Co. for reduction in the assessed valuation of personal property and/or refundment of taxes paid for certain personal property described in Application No. 282445. Filed. Notice of class action determination, proposed settlements and dismissals , and hearings thereon from the United States District Court of the Northern District of Georgia regarding Chicken Antitrust Litigation. Referred to the City Attorney.. � `July 19th, 1979. 57673. Letter of the Director of the Dept. of Finance and Management Services reporting the resubmitted petition of Charlton Ness to rezone property described as Lots 10 and 11, Sahlgaard's Subdivision of Lot 55, Como Villas from B-2 to B-3 is sufficient. Referred to the Planning Commission for recommendation. Administrative Orders: D 4978 - Payment of $500 per day plus/travel, hotel and food expenses to Mr. George Devlin of Detroit, Michigan, for consultant services to be performed for two days in studying and advising the City's Dept. of Planning and Economic Development as to the future parking ramp needs in the north end of the downtown area. Councilman Maddox expressed concerns about this matter and Mr. Ford of the Planning and Economic Development Department circulated and explained a background report on this contract. He said Mr. Devlin was already under contract with the Port Authority so the, cost was shared between the two agencies. Councilman Maddox expressed concern about the number of committees working on parking problems and also expressed concern about hiring an expert and not notifying other people involved with parking and he said someone should take direction to get something done. He said the only thing done since 1972 on parking is the free parking after 6:00 P.M. and 11:00 A.M. and we actually have studies that are analyzing studies. He urged the City Development and Transportation Committee to find out who is making decisions. Mr. Ford said they recognize that parking is a serious matter and there has been a lot of productive work going on but all the people do not know about it and they are ready to sit down and talk.with the Council about the matter. Councilman Levine said he questions spending $1,000 on an out of town person to tell us what to do and we don't need someone, from Detroit, to tell us where we are on the Highland Park Ramp. Mr. Ford said the Mayor's Office has given them direction to use their consulting budget to get things done. Councilwoman Hunt said parking is important to the Council and she suggested a session for a complete discussion of parking with various organizations and people involved. Councilman Maddox said we have had numerous studies on parking and we didn't need an expert from Detroit. Councilman Maddox moved that the City Development and Transportation Committee schedule a session to discuss parking with all of the people involved to be invited to attend. Councilman Levine asked that the names of the people involved who should be invited be referred to his office and Councilman Maddox said he will submit a list of names. Roll call on the motion. Adopted. Yeas - 5 Nays - 0 Councilman Levine said in connection with consulting contracts he feels the city should use existing staff where possible and he said the city has a wide variety of talent and it is difficult to believe that you couldn't get someone from St. Paul. D 4979 - Addition of $476 to the Homecroft School Gymnasium Addition Project. Resolution amending the Civil Service Rules by inserting new specifications for Affirmative Action Technician. (First Reading; Finance Committee letter recommends approval). Laid over to July 26th for Second ReadIna and Adoption. Resolution amending the Civil Service Rules by striking the title Library Assistant from Grade 20 and inserting the title Library Assistant I AND by amending Section 32 by inserting the class specifications for Library Assistant I. (First Reading; Finance Committee letter recommends approval). Laid over to July 26th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the titles & specifications for Library Technician I (Display), Library Technician I (Fine Arts) and Library Technician I (General) in Grade 3 and inserting the title and specifications for Library Specialist I. (First Reading; Finance Committee recommends approval). Laid over to July 26th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title and specifications for Library Technician II (Display), Library Technician II (Fine Arts) and Library Technician II (General) from Grade 7 and inserting the title and specifications for Library Specialist II. (First Reading; Letter of the Finance Committee recommends approval). Laid over to July 26th for Second Reading and Adoption. 57674. July 19th, 1979. Resolution amending the Civil Service Rules by placing an asterisk before the title General Library Assistant in Grade 22 so as to abolish the title except as to present incumbents, by inserting the title Library Assistant II in Grade 24 and by striking the specifications for General Library Assistant and inserting specifications for Library Assistant II. (First Reading; Finance Committee letter recommends approval). Laid over to July 26th for Second Reading and Adoption. Councilman Maddox left the meeting at this point and returned later in the meeting. C.F. No. 273344. Resolution approving a reduction in appropriations and in financing in the 1979 General Revenue Fund Budget in the amount of $1,550,152 for activities relating to fringe benefits. (Finance Committee letter recommends approval). Adopted. Yeas - 4 Nays - 0 C.E. No. 273345. Resolution amending the 1979 Budget and transferring $3,571.47 from Contingent Reserve to St. Paul American Indian Center. (Matching funds for 1976-77 LEA& grant entitled Native American Youth). Adopted. Yeas - 4 Nays - 0 Councilman Maddox returned to the meeting at this point. C.F. No. 273346. Resolution amending the 1979 Capitol Improvement Budget by transferring $181,500 from Downtown People Mover Project to Burns Ave. lighting from Ruth to McKnight ($27,500) and Summit Ave. lighting from Mississippi River Blvd. to Snelling ($154,000). (Finance Committee letter recommends approval). Adopted. Yeas - 5 Nays - 0 C.F. No. 273347. Resolution approving reappointment of Roy Erickson, Frank Farrell and Bert Lund to the Civil Center Authority for terms to expire July 1, 1983. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco left the meeting at this point and returned later in the meeting. C.F. No. 273348. Motion Picture -Theatre Licenses of Linda May Resolution revoking Sauna and Spencer dba Cosmos Sauna at 606 Rice St. Councilman Levine asked if the licensee or her attorney were present and wanted to be heard and no one appeared. Yeas - 4 Nays - 0 Adopted. C.E. No. 273349. Resolution granting renewal of Sunday On Sale Liquor license of David & Ernest Yarusso at 635-7 Payne Ave. Yeas - 4 Nays - 0 Adopted. C.F. No. 273350. Resolution granting various licenses to persons, as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273351. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273369. Resolution granting Building Contractors licensesto businesses as listed. Adopted. Yeas - 4 C.F. No. 273352. Resolution granting Building Contractors licenses to businesses as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273353. zation of an agreement between the City and Doerfler Resolution approving authori Construction Co. affecting City tenancy of 2nd Floor space in former Lowry Hotel. Adopted. Yeas - 4 Nays - 0 C.F. No. 273354. Resolution approving Chapter 269 of the Laws of 1979 empowering the Port Authority to invest its funds in commercial paper of prime quality in the same manner as the State Board of Investment. Nays - 0 Adopted. Yeas - 4 57675 •,/ \ YYY July 19th, 1979. C.F. No. 273355. Resolution approving $100,000 U.S. Treasury Bills, due April 29, 1980 as collateral to protect deposits of public funds with the Summit National Bank of St. Paul. Adopted. Yeas - 4 Nays - 0 C.F. No. 273356. Resolution amending the 1979 Budget and transferring $90,651 from Contingent Reserve -General to Dept. of'Community Services -Administration (Transfer or Contribution' -to Special Fund; Reimbursement of the CETA fund). Adopted. Yeas - 4 Nays - 0 Councilman Tedesco returned to the meeting at this point. C.F. No. 273357: Resolution amending the 1979 Capital Improvement Budget and transferring $80,000 from Fairview -North Sewer System to Fry -Sherburne Sewer System. Adopted. Yeas - 5 Nays - 0 C.F. No. 273358. Resolution amending the 1979 Budget and transferring $6,250 from Contingent Reserve -General to General Government Accounts -Neighborhood Justice Center. Adopted. Yeas - 5 Nays - 0 C.F. No. 273359. Resolution approving the issuance of $620,000 Port Authority Revenue Bonds to finance acquisition of two buildings for the Battery & Tire Warehouse, Inc. Adopted. Yeas - 5 Nays - 0, C.F. No. 273360. Resolution granting the petition of the Summit State Bank of Phalen Park and Marjorie E. Hutchinson for the vacation of property as listed in Nilsson's Subdivision of Lots 9 and 10, Block 4, of Rogers and Hendrick's Acre Lots.No. 2. Adopted. Yeas - 5 Nays - 0 C.F. No. 273361. Resolution granting the petition of the Northern States Power Co. for the vacation of part of an alley in Block 4 of Snelling Park. Adopted. Yeas - 5 Nays - 0 C.F. No. 273362. \ Resolution granting the petition of Eleanor C. Lyons, et al, for the vacation of portions of the alley as platted in Block 14, Kittsons Addition. Adopted. Yeas - 5 Nays - 0 C.F. No. 273363. Resolution granting.the petition of the City of St. Paul for the vacation of property described as the Old Hazel Park Pumping Station Site on Maryland Ave. Adopted. Yeas - 5 Nays - 0 C.F. No. 273364. Resolution granting the petition of the Housing and Redevelopment Authority, et al, for portions as listed of parts of E. Morton St., Prescott St. and Andrew St. and the public alley in Block 15, West St. Paul Real Estate and Improvement Syndicate Add. No. 2 and the public alley in Block 33, Linse and Zimmerman's Rearrangement of Block 33 and 34 of Brown and Jackson's Addn. to West St. Paul. Adopted. Yeas - 5 Nays - 0 C.F. No. 273365. Resolution approving the plans and specifications for the improvement of Trunk Highway No. 94 from Mounds Blvd. to Kennard St. (Landscaping) Adopted. Yeas - 5 Nays - 0 C.E. No. 273366. Resolution granting Gambling Session License to the St. Paul Ramsey Arts and Science Council at 30 E. Tenth St. Adopted. Yeas - 5 Nays - 0 C.F. No. 273367. Resolution authorizing payment of $5,000 from the Tort Liability Fund to Claudette Amschler in settlement for her claim. Adopted. Yeas - 5 Nays - 0 576 76. July 19th, 1979. C.F. No. 273368. Resolution recognizing the civic contributions of Frank Barrett and proclaiming Monday, July 23, 1979, as Frank Barrett Day in St. Paul. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt moved that the meeting be adjourned. Copies sent to Councilmen d / Minutes approved by Council/�/% 9 MINUTES OF THE COUNCIL 10:00 A.M. July 24th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Levine, Maddox, Showalter, Tedesco, President Hozza ... 5 Absent - Councilwomen Butler, Hunt...2 (Councilwoman Hunt arrived at a point during the meeting). Hearing to consider preparation of submission of an Urban Development Action Grant in connection with the renovation of the St. Paul Hotel. A letter of the Planning and Economic Development Department was noted transmitting a letter of Douglas Realty, Inc. withdrawing the UDAG proposal for the St. Paul Hotel block. Councilman Maddox moved that the matter be withdrawn. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt arrived at this point in the meeting. Hearing on the petition of Roger Jeska to rezone from RT -1 district to an RT -2 district property on the north side of Jenks between Westminster St. and Arkwright St. being legally described as Lots 35, 36 and 37, Block 1, Cooper's Addn. Mr. Warn of the Planning Staff reviewed the proposal and recommendations of the staff and Current Planning and Zoning Committee and Planning Commission. No one appeared. the City Attorney be requested to prepare an ordinance Councilman Maddox moved that granting the petition. yeas - 5 Nays - 1 (Tedesco) Adopted. Hearing was held on the petition of Stuart Moss to rezone from an ES district to an R-3 district property on the east side of Kennard St. between Burns and Pacific and described as the south 165 feet of the north 200 feet of the west 150 feet of Lot 11, Block 1, Target East St. Paul. Mr. Warn reviewed the proposal and recommendations and said the District 1 Community \ Council supports the rezoning. No one appeared. Councilman Tedesco asked about an agreement by Target to use the property as a buffer zone and it was noted that Target had offered to deed the property to the city but the city turned down the proposal and it was left with the understanding that the area would be some day developed with residential use. Councilwoman Hunt moved that the City Attorney be requested to prepare an ordinance granting the petition. Adopted. Yeas - 6 Nays - 0 Appeal of John T. Finley to a decision of the Planning Commission concerning a special condition use permit issued to Alternative Homes, Inc. at the north east corner of Albemarle Street and Maryland Avenue. Mr. Warn of the Planning Staff summarized the matter and referred to past actions and hearings and President Hozza noted that the City Council public hearing had been concluded. Councilman Tedesco moved that the appeal of Mr. Finley be granted. Councilman Levine said he knows the area well and visited the area again since the last hearing and while the record of the applicant is good he thinks the facility is inadequate to house the number of people proposed and he also believes the proposal will generate more traffic in the area. Councilman Hozza said he will oppose the motion and he thinks the program is good and will be adequately administered. Councilwoman Hunt said she finds it difficult to support the motion and she doesn't feel it would generate more traffic than a use as a four-plex. She said the condition of the building is a factor but it would need approval from the code enforcement division and the State of Minnesota and would not be licensed until it is brought up to standards. (Discussion continued to the following page). 576789 \ July 24th, 1979. (Discussion continued from the previous page) Councilwoman Showalter said many of the concerns of the residents are matters the city has no control over. Roll call on the motion to grant the appeal. Yeas - 3 (Levine, Maddox, Tedesco) Nays - 3 (Hunt, Showalter, Hozza) Councilman Hozza announced that the motion fails and the decision of the Planning Commission stands. At the question of some Councilpersons,Mr. Starr City Attorney said the appeal has failed and therefore the decision of the Planning Commission stands. Councilman Maddox requested reconsideration of the action in order that the matter could be tabled until all seven members of the Council are present. Councilwoman Hunt said the matter cannot drag on indefinitely in fairness to the developer and at the question of Councilwoman Hunt, Mr. Warn said the matter was first heard on March 1st and has been pending since January. At the question of Councilwoman Showalter, Mr. Starr said findings would be necessary to grant the appeal. After some discussion Councilwoman Hunt moved that the Council reconsider its previous motion and lay the matter over for two weeks to August 7, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273370. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning a 10 foot wide permanent sewer easement over parts of Lots 1, 2, 3, and 4, Block 1, Anderson Addition, under P.O. 272612. No one appeared. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 C.E. No. 273371. RESOLUTION RATIFYING ASSESSMENT. In the matter of opening, widening and extending Field Avenue and condemning an easement for slopes, cuts and fills in connection with the improvement of Field Ave. from Prior to approximately 627 feet east, under P.O. 272251. Tony Bledig, 1887 Sheridan, expressed concern that the abutting property has not been sold and he said the neighbors fear that the property might be developed with multiple dwellings. Sam Cukier said he has a legal binding contract to purchase the property and will develop it with single family homes. Mr. Eggum of the Valuation Engineer's Office said bids were received and are considerably higher than the estimates and the usual procedure is to recommend a new public hearing to consider whether the property owners want to continue with the improvement. Mr. Fox, 1905 Sheridan, said the compensation awarded to his property is not sufficient and he also expressed opposition to the general improvement. It was agreed that this resolution should be adopted with the understanding that a new public hearing with proper notice will be held concerning the improvement. Councilwoman Hunt moved that the resolution be approved. Adopted. Yeas - 6 Nays - 0 C.F. No. 273372. FINAL ORDER. In the matter of grading and paving the north -south alley in Block 15, Smith's Subdivision bounded by University, Sherburne, Mackubin and Arundel, under P.O. 272541. A lady at 472 Sherburne asked about the benefit to her property and Mr. Eggum explained the portion of the alley to be improved and said it only affects HRA property. Councilwoman Hunt moved approval of this order and the following order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273373. FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills for the grading and paving of the north -south alley in Block 15, Smith's Subdivision, under P.O. 272542. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that the rules be suspended to consider an item not on the agenda relating to taxicabs and to consider three resolutions that appear later on the agenda. Adopted. Yeas - 6 Nays - 0 Mr. Terrance Garvey, Assistant City Attorney, said it has been brought to his attention that the Yellow Cab Company does not have sufficient insurance for taxicabs and he said their insurance covers claims over $25,000 but they do not have basic insurance. (Discussion continued to the following page) (Discussion continued from the previous page). At the question of Councilman Maddox, Mr. Garvey said he was notified of this by the State Commissioner of Insurance Office. Mr. Garvey said Yellow Cab was insured by Travelers Insurance Co. but that was cancelled April 10, 1979 and they were informed that Minnesota Insurance Plan covered them from April 10, 1979 to April 10, 1980. Mr. Miley, Attorney for Yellow Cab Company, said he received a notice. of this hearing at 9:40 A.M. today and it is difficult to represent his client with 20 minutes notice. He said Mr. Janacek received the letter last night and he requested time to prepare information and he said he doesn't think the matter is as serious as suggested. He referred to the policy in effect with a $25,000 deductible and he said their application is pending before the state for self insurance. He urged that the matter be laid over until at least tomorrow to allow time to investigate the allegations. Councilman Tedesco said the cabs should not be on the street at this time if there is insufficient insurance. Mr. Garvey said Yellow Cab doesn't have basic insurance and self insurance is not allowed under state law or city ordinance and the cabs must be fully insured without a deductible clause. ey should have enough time to prepare but the city Councilwoman Hunt said Mr. Mil must be protected from potential lawsuits. Mr. Miley said Travelers had an agreement with Mr. Janacek that he would handle claims 'up to $25,000 and there are no pending lawsuits or claims against the company and he doesn't think a crises exists. Councilman Levine suggested that a bond be posted and he said he thinks the cabs should be allowed to operate. Mr. Thomas O'Malley, Assistant Commissioner of Insurance for the State of Minnesota, appeared to answer questions concerning this matter and Mr. Miley objected to the witness and again stated that Yellow Cab has not had proper notice. At the question of Mr. Garvey, Mr. O'Malley answered questions concerning the deductible provisions and questions relating to the binder of insurance for Yellow Cab Company and to the provision for self insurance.up to $25,000. He said this provision is not in compliance with state law because they are not designated as a self insurer and an application for self insurance is pending but a decision has not been made. Mr. O'Malley said he has not seen evidence that the At the question of Mr. Garvey, company complies with the insurance requirements. At the question of Mr. Miley, Mr. O'Malley answered further questions pertaining to llect any unpaid claims of the deductible provision and also said he does not reco Yellow Cab Company and he expects a decision this week on their application for self insurance. At the question of Councilman Maddox, Mr. O'Malley said insurance is available if a person is willing to pay the price and he said he got involved in this matter \\ while researching the application for self insurance. Councilman Tedesco asked if Yellow Cab is properly insured and Mr. O'Malley said he has no information to determine that they are properly insured. At the question of Councilman Hozza, Mr. O'Malley said between April 10th and today he has found no insurance for Yellow Cab Company covering the first $25,000 and he said the statement that Yellow Cab Company has paid their claims does not satisfy the requirements of state law. Gerald Hendricksen, Legal Assistant in the City Attorney's Office, answered questions of Mr. Garvey concerning the certificate of insurance on file and about the notice of cancellation document. Mr. Miley objected to the cancellation of insurance document and said notice was not received by Mr. Janacek and the document should not be considered until testimony is received from the person signing the document. Mr. Garvey said it is evident that there is no basic insurance for the first $25,000 and the Council should suspend the licenses until there is insurance to comply with the City of St. Paul and the State of Minnesota. At the question of Councilman Maddox, Mr. Garvey said if the insurance conditions are -net the license would be reinstated without further Council action. ity ipt of shouldlbenpermittedato peratecbut lacking sthat eevidence rthe rlic nsescshoulde the cs Madox sid if the be suspended. Mr. Miley asked about posting a $25,000 bond during the interim period and Mr. Starr said if an insurance agent will bind the company this possibly could be considered. Mr. O'Malley said under the no fault provisions of the law you must be insured or be a qualified self insurer. le out of work but he said Councilman Maddox expressed concern about putting people the Council's hands are tied and they must take action. At this time there was agreement that this matter should be discussed again later in the Council meeting in order to give the Yellow Cab Company time to discuss the matter and contact their insurance agents. (See continued discussion on taxicab matter later in the meeting). 57680 July 24th, 1979. C.F. No. 273374. Resolution approving provision of assistance to District Heating Development Corporation and amending the 1979 Budget by transferring $1,000 from Contingent Reserve General to the Department of Finance -Administration to defray incidental start up costs. Councilwoman Showalter read a statement in support of this resolution and the following two resolutions and in support of the District Heating Plan for the City of St. Paul. Councilwoman Hunt said she will support the resolutions and commended Councilwoman Showalter for taking the leadership role in this matter. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 C.F. No. 273375. Resolution approving articles of incorporation and bylaws of District Heating Development Corporation. Adopted. Yeas - 6 Nays - 0 C.F. No. 273376. Resolution approving execution of an agreement between the State Energy Agency and the City of St. Paul for a $5,000 grant to assist the District Heating Development Corporation in preparation of a proposal for the design and construction of the Hot Water District Heating System for St. Paul and authorizing the Director of the Department of Finance and Management Services to receive the state grant and take other necessary actions to carry out the purposes of the resolution. Adopted. Yeas - 6 Nays - 0 C.F. No. 273281. FINAL ADOPTION. ORD. NO. 16549. An ordinance amending Section 438.07 (a) of the Legislative Code to permit possession of regulated beverages under certain circumstances. Adopted. Yeas - 6 Nays - 0 C.E. No. 272986. THIRD READING. An ordinance amending Chapter 438 of the Legislative Code pertaining to unlawful display to minors of the indecent publications, pictures or articles Laid over to July 31st for Final Adoption. C.F. No. 272987. THIRD READING. \ An ordinance amending Chapter 475 of the Legislative Code pertaining to the unlawful dissemination of materials which are harmful to minors. Laid over to Julv 31st for Final Adoption. Councilman Maddox left the meeting at this point and returned later in the meeting. C.F. No. 273333. SECOND READING. An ordinance amending Chapter 424 of the Legislative Code pertaining to applications and examinations for Civil Service employment; prohibiting certain acts and providing penalties therefor. Laid over to July 26th for Third Reading. C.F. No. 273334. SECOND READING. An -ordinance amending Section 124.02 of the Legislative Code pertaining to parkways. Laid over to July 26th for Third Reading. C.F. No. 273377. FIRST READING. An ordinance granting permission to Flintkote Company to construct and maintain a communication cable across E. Seventh St. at 1120 E. 7th St. Laid over to July 31st for Second Reading. Claim of Richard A. Clark, 1543 Ramaley, White Bear Lake, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of Joe Fleischhacker, 1508 N. St. Albans, St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of Elizabeth H. Godwin, 123 Summit Ave., St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. July 24th, 1979. 57681 ✓ Claim of Mary Ann Todora, Hagen -Hallmark Gift Shop, 961 W. Seventh St., St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of David W. Jackson, 665 Ottawa Ave., St. Paul, Minnesota, filed on July 19, 1979, was read. Referred to the City Attorney's Office. Claim of Omar Tveten, M.D., by Attorneys Doherty, Rumble and Butler, 1500 1st National Bank Bldg., St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of Henry Dale Mundinger by Attorney Joseph Perry, 805 Commerce Bldg., St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of Theoden, Inc., P.O. Box 605, Wayzata, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Claim of Sholem Tarshish, 1377 W. Maynard Dr., St. Paul, Minnesota, filed on July 18, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Genz -Ryan Plumbing and Heating Co. versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Sybil Shakir and Shem Shakir versus the City of St. Paul. Referred to the City Attorney. Letter from the State Dept. of Revenue transmitting the application of the Catholic Charities of the Archdiocese of St. Paul/Minneapolis for application for relief in the assessed valuation of property described in Application X6282573. Filed. Letter of Simon & Company, Wholesale Crocers at 1830 Como Ave., requesting permission \ to park their trucks on Cathlin Street (adjacent to their building) during State Fair time. Referred to the Public Works Traffic Department. Petition to rezone property described as Lots 1 and 2, Block 13, Dawson's Addn. from Residential to B-2. Referred to the Finance Department for check as to sufficiency. Letter of the Director of the Department of Finance & Management Services reporting the petition of Leo Gadbois to rezone property described as part of Woodland Park Addition is sufficient. Referred to the Planning Commission for recommendation. Letter of M. E. Evenson appealing a summary abatement order of the Housing Code Division concerning property at 677 York Avenue. Councilwoman Hunt moved that a date of hearing be set for August 9th, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273378. Resolution amending Section 5D of the St. Paul Personnel Rules relating to residency. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273379. Resolution approving terms and conditions of a 1979-1980 Memorandum of Settlement between the City of St. Paul and the Twin City Iron Workers, Local 512. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273380. Resolution transferring the On Sale Liquor License of Heine, Inc., at 488 St. Peter St. to Engine House Associates, Ltd. at 498 Selby Avenue subject to certain terms and conditions. (escrow arrangement) Adopted. Yeas - 5 Nays - 0 57682." \l'—July 24th,1979. C.F. No. 273381. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273382. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273383. Resolution granting transfer of Second Hand Dealer General license of Vicki M. Eliason from 553 Rice St. to 783 University Ave. Adopted. Yeas - 5 Nays - 0 C.F. No. 273384. Resolution granting transfer of Restaurant, Tavern and Cigarette licenses from Fiorito's Drinking Emporium, Inc. at 400 Sibley St. to V.I.P. Productions, Inc. dba Lower Levee Lounge, at the same address. Adopted. Yeas - 5 Nays - 0 C.F. No. 273385. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273386. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273387. Resolution granting Drive -In Restaurant licenses to Burger King Corporation at 1959 Ford Parkway. Adopted. Yeas - 5 Nays - 0 C.F. No. 273388. Resolution granting Drive -In Restaurant license to Bruce C. Noyes at 143 North Snelling Ave. Adopted. Yeas - 5 Nays - 0 C.F. No. 273389. Resolution granting On Sale Malt Beverage license to Ronn and Ally's Pizza, Inc. at 1786 E. Minnehaha Ave. Adopted. Yeas - 5 Nays - 0 C.F. No. 273390. Resolution granting On Sale Wine license to Ronn & Ally's Pizza, Inc. at 1786 E. Minnehaha Ave. Adopted. Yeas - 5 Nays - 0 \ C.F. No. 273391. Resolution granting Temporary On Sale Malt Beverage licenses to organizations as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273392. Resolution granting the transfer of a Taxicab Vehicle license issued to the St. Paul Yellow Cab Company from a 1974 Plymouth to a 1977 Ford. Adopted. Yeas - 5 Nays - 0 C.F. No. 273393. Resolution reaffirming the previous allocation of Community Development Block Grant funds for the relocation of the Union Gospel Mission to accomodate the change in location from E. Sixth and Kittson to 345 University Ave. between John St. and Lafayette Road. Adopted. Yeas - 5 Nays - 0 Councilman Maddox returned to the meeting at this point. Councilman Hozza noted that a request has been received to set a date of hearing to consider the Gillette Hospital matter. After some discussion Councilman Maddox moved that a date of hearing be set for Tuesday, September 4th, 1979, at 7:30 P.M. in the City Council Chambers. Adopted. Yeas - 6 Nays - 0 Councilman Hozza referred to the Ray Anderson matter on the east side of St. Paul and he said there is a question whether to hold a public hearing concerning a building contractor license. (Discussion continued to the following page) July 24th, 1979. 57683 (Discussion continued from the previous page) Councilwoman Hunt said we should determine whether Mr. Anderson will pursue his application for license and after some discussion Councilwoman Hunt moved that the License Inspector be requested to set up a hearing at a regular City Council Wednesday Meeting and also to make inquire. of Mr. Anderson whether he intends to pursue his application for license.. Adopted. Yeas - 6 Nays - 0 Councilman Hozza asked to be excused from City Council on August 7th, 8th, 9th, 16th, 28th, 29th, and 30th, 1979. Councilman Levine asked to be excused from Council on August 14th, 15th, 16th 21st, 22nd, and 23rd, 1979. Councilwoman Showalter requested to be excused from Council on August 7th, 8th, and 9th, 1979. Councilman Tedesco moved that the requests be granted. Adopted. Yeas - 6 Nays - 0 The City Council at this time continued discussion on the Yellow Cab matter. Mr. Miley said Mr. Janacek at this point is conferring over the telephone with an insurance carrier. Councilman Maddox moved that the taxi licenses of Yellow Taxicab Company be suspended until the insurance requirements are met. Mr. Miley said there is probably no liability to the city or Councilmembers and Mr. Starr, City Attorney, said the risk might be minimal but if the Council has notice and fails to take action it could constitute negligence and then liability exists. Councilman Levine again expressed concern for keeping 100 people working. Mr. Miley said one of the problems is the requirement to insure all 80 cabs whether \ or not they are in use and he suggested that the requirement be changed to provide insurance requirements for only the cars to be used. Roll call on the motion.to suspend the licenses until the insurance requirements are met. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt suggested that the City Attorney have someone available during the noon hour today to deal with this problem and Mr. Starr indicated that would be done. Mr. Miley asked how much time there is to get the cabs off the street and Councilman Hozza indicated the motion provides for immediate action and however the company implements the motion is their business. MINUTES OF THE COUNCIL 9:00 A.M. July 25th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councimen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza ... 6 Absent - Councilwoman Butler...1 Application for the transfer of the Off Sale Liquor License issued to Charles F., Charles E. and Virginia M. Schwietz at 1100 Arcade Street, to Edward D. and Robert M. Walfoort at the same address. (Edward D. and Robert M. Walfoort notified to attend). The following resolution was submitted. C.F. No. 273394. Resolution granting transfer of Off Sale Liquor License, Class D -Original Container, Off Sale Malt Beverage and Cigarette Licenses from Charles F.,Charles E. and Virginia M. Schwietz at 1100 Arcade Street to Edward D. and Robert M. Walfoort at the same address. Adopted. Yeas - 6 Nays - 0 A request by Mr. Earl Gray (Attorney) to appear before the Saint Paul City Council (on license matters) concerning the bill for the representation of Mr. Joseph F. Carchedi during the recent liquor probe. Mr. Gray appeared and said he is ready to answer questions relating to his bill for services to Mr. Carchedi and he explained how he came to represent Mr. Carchedi and that there was no retainer based on similar cases in Minneapolis. He suggested no payment on other similar bills unless a criminal: case is involved and he said this is the end of the bill as far as he is concerned as far as the criminal investigation. At the question of Councilman Hozza, Mr. Starr summarized his opinion on this matter and said authority does exist to appoint outside counsel and the Council must find a public purpose, the basis for retaining the attorney and set the rate of compensation. Councilman Hozza expressed concern about the rate of compensation and said he thinks Mr. Starr and Mr. Gray should meet and discuss the specifics of compensation. He said he doesn't know how many other bills there may be like this and this payment will set a precedent and he also thinks the Council, in ordinance form, should address the question of outside counsel and should proceed cautiously because of precedent. Councilwoman Hunt said the Council has not adopted a policy and when Mr. Carchedi was told to seek outside advice the Council 'should have authorized an outside attorney at that time and a rate of compensation. Mr. Starr said the right to pay fees after the fact lies with the Council and if there was a policy the issue would have been decided before the attorney was hired. Councilwoman Hunt requested the City Attorney to prepare the proper resolutions setting a policy for engaging outside legal advice. Councilman Maddox said he previously requested a resolution be prepared authorizing payment of the bill and he favors payment now and Mr. Starr said he is in the process of drafting such a resolution. Councilman Maddox expressed concern about other bills for other lawsuits and also about other costs involved in the liquor investigation: Councilman Tedesco said he will support payment of the Carchedi bill but suggests the City Attorney and Mr. Gray try to lower the fee. Councilman Levine asked if all the items of the bill are in order and he said if they are he thinks the bill should be paid. Councilwoman Hunt said Mr. Gray made reference to a final bill and she asked if he has been notified by the Police Department that the investigation has been completed. Mr. Gray said he understands the investigation of Mr. Carchedi is complete.unless there is new evidence submitted that must be investigated. Councilwoman Hunt said we should get a statement from the Chief of Police that the investigation up to this date is completed. Councilman Hozza said the Council should discuss a standard rate of compensation for outside counsel and he said like damage claims we should receive an assurance that the item is complete and ended. Councilwoman Showalter said she favors payment and favors a discussion on the rate of compensation and she asked about legal counsel for other employees involved. (Discussion continued to the following page). J 57685. ` July 25th, 1979. (Discussion continued from the previous page). Mr. Starr said the City Attorney can defend City employees unless there is a conflict of interest. in the case Councilman Madre sasked a ou dpfor lalstate ente civil afromses lthe hChief fPolice onlwhether and said he ag to the investigation is over. Councilman Hozza suggested that the matter be referred to the City policy question a discussion with Mr. Gray along with a discussion on the general policy q involved. Councilwoman Hunt said we should also ask about consideration by the City Attorney on the entire question of lawsuits and negotiation of settlements. Mr. Starr said payment of this bill could be subject to a release of further litigation. Councilman Maddox said he would oppose such a settlement and if Mr. Carchedi has grounds for a civil lawsuit he should commence with them. ible for judgements ements Councilman Hozza said the City as a corporate entity may be respons against employees and this should be taken under consideration and Councilwoman Hunt expressed concern about whether the City has the right to negotiate settlements. ter be referred to Mr. Starr for discussion Councilwoman Showalter moved that the mat with Mr. Gray on the specificsOfthe he bill. Nays - 0 Adopted. Councilman Maddox moved that the rules be suspended to consider a resolution not on the agenda and to hear a citizeYeas tt.6 Nays - 0 Adopted. Councilman Maddox asked about the status of the liquor investigation and Councilman Hozza said he is still waiting to hear from the Ramsey County Bar Association. Councilman Maddox said we should ask the Police Department where we stand on the investigation right now and also about the involvement of Mr. Perron right now. Councilwoman Hunt moved that the Council President ask the Chief of Police to indi- cate in writing the status of the investigation of the License Inspector to this \ date. yeas - 6 Nays - 0 Adopted. C.F. No. 273395. until such Resolution suspending Taxicab Licenses issued to the Yellow Cab Company time as evidence is presented to satisfy insurance requirements. Councilman Tedesco asked how long the company will be given to get their insurance in order and Councilwoman Hunt said she doesn't think the Council should wait until maybe we should reconsider the November to consider the taxicab matter again and November date if insurance is not obtained within a week or ten days. Councilman Maddox suggested that the Yellow Cab Company be given fourteen days to get insurance. Mr. Garvey said the resolution provides for suspension of the licenses until insurance could revoke the licenses at a future time if it is is obtained and the Council uncilwonot provided. At the question of Corovisionahforlicensing would owalter, Mr. rhave stodbeeagreeds a condition of new management as a p to by the parties involved. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. Joe Radnick appeared and referred to his interest in a liquor license and 428 So. Wabasha and he referred to financing problems with the present he suggested certain actions that would result in the transfer of the liquor license to him.resent and it was suggested Mr.. Aretz, attorney representing Mr. Radnick, was noted as p representative of the City Attorney's Office to more that Mr. Aretz meet with a fully discuss the options involved. Councilwoman Showalter moved Yeas the meeting beays adjourned. Adopted. JOUR E� ; T1— 5A XIS LTTEST: City Clerk. Council � 7 Copies sent to Councilmen ,J Minutes approve by Council J/% J 57686. MINUTES OF THE COUNCIL 10:00 A.M. July 26th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:15 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza...6 Absent - Councilwoman Butler...I Petition of James P. Snavely and others for the vacation of a portion of So. Wheeler St. north of Morgan Ave. It was noted that this matter had been laid over previously and the hearing was concluded. Mr. Eggum of the Valuation Engineer's Office requested that their letter be amended by deleting condition No. 3 concerning the Northern States Power Company easement. Councilman Levine said he originally objected to the petition based on traffic projection but has since viewed the area and looked at pictures and he asked Mr. Snavely to distribute pictures to the City Council. At the question of Councilman Levine, Mr. Snavely appeared and said he intends to develop the property with double homes and Councilman Levine said he thinks it will be a good addition to the area and he is now prepared to support the petition. Councilman Levine moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer as amended. Nays - 0 Adopted. Yeas - 6 C.F. No. 273396. Resolution ordering the correction or wrecking and removal of a structure at 984 Jackson St. Mr. Dean Stedt appeared and said he is the fee owner of the property and would \ be willing to take the property back and restore it. Mr. Staffenson of the Housing Code Division said the property was condemned in August of 1977 and has major deficiencies and no work has been done except to board it up and he recommends that the Council proceed with condemnation. Mr. Stedt said he can work with the city and did not realize it was in such bad shape. Councilman Maddox moved approval of the resolution.- 0 Adopted. Yeas - 6 Nays C.F. No. 273397. Resolution ordering the correction or wrecking and removal of a structure at 1362 Pleasant Avenue. Mr. Staffenson said the property was condemned in December of 1978 and he outlined the conditions of the building and said on July 20, 1979 they received a letter from the owners indicating their intention to rehabilitate the property. Robert Milavetz said his parents own the property and the reason for the condition of the foundation is because of soil conditions but soil tests show that it is possible to construct a new foundation and they intent to remove the building, construct a new foundation and then move the building back on the foundation. He said he thinks their proposal is sound and feasible and the building is fully secure and he requested two months in order that they can take action to rehabilitate the building. Councilman Tedesco said he viewed the property recently and the condition was terrible and he thinks the proposal might not be feasible. Councilwoman Hunt said she thinks there would be time to carry out the proposal of the owners even if the resolution is adopted today and she suggested that the resolution be adopted and if the owner proceeds to rehabilitate it the order can be withdrawn prior to demolition. A resident at 1368 Pleasant and a resident who lives next door to the property both referred to the condition of the property and urged that the Council proceed with condemnation. Councilman Tedesco moved approval of the resolution. Councilman Levine said he viewed the property and thinks comments made today are accurate and he favors housing over condemnation but he also thinks there is time to take action before final demolition. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 J 57687. July 26th, 1979. Hearing to consider the advisability and necessity of ordering the correction or wrecking and removal of a structure at 623 Laurel. Mr. Staffenson said he has received a letter which proposes to rehabilitate the property at a cost of $600,000 for 17 units and he said the letter indicates that the developers will not have complete knowledge of the loan until August 15th. Councilman Levine and Councilman Maddox left the meeting at this point and returned later in the meeting. Councilwoman Hunt moved that the hearing be continued for four weeks until August 23, 1979. Adopted. Yeas - 4 Nays - 0 Councilwoman Hunt moved that the rules be suspended to consider a matter not on the agenda. Adopted. Yeas - 4 Nays - 0 Mr. Bill Rupp, Chairman of the Citizens Budget Advisory Committee, appeared and submitted last nights committee action requesting independent hearings with city department heads on the 1980 Budget and he asked for authorization of their request. Councilman Maddox returned to the meeting at this point. Councilwoman Hunt said she still feels joint hearings would be better although she realizes the hard work of the committee. Councilman Hozza referred to the tight meeting schedule proposed by the committee and said he feels the hearings could be held separately. Councilman Tedesco left the meeting at this point and returned later in the meeting. Councilwoman Hunt moved that the request of the committee be granted for independent hearings with city department heads on the 1980 Budget. Adopted. Yeas - 4 Nays - 0 C.F. No. 273333. THIRD READING. An ordinance amending Chapter 424 of the Legislative Code pertaining toapplications and examinations for Civil Service employment; prohibiting certain acts and providing penalties therefor. Laid over to August 2nd for Final Adoption. C.F. No. 273334. THIRD READING. An ordinance amending Section 124.02 of the Legislative Code pertaining to parkways. Laid over to August 2nd for Final Adoption. Letter of the Chairman of the City Development and Transportation Committee transmitting Committee recommendation that the following be designated as Heritage Preservation Sites; St. Joseph's Academy, Burbank -Livingston -Griggs House, Alexander Ramsey House, Frank B. Kellogg House and making no recommendation on Summit Terrace and the Rochat Louise-Sauerwein Block. Councilman Maddox moved that a date of hearing be set for September 25, 1979. Adopted. Yeas - 4 Nays - 0 C.F. No. 273335. SECOND READING. An ordinance amending Chapter 6 of the Administrative Code entitled "Dept. of Public Works" and providing for its reorganization. (Letter of the Chairman of the Finance, Management and Personnel Committee transmits committee recommendation for approval with the understanding the Council is to be briefed on the ordinance at its Third Reading.) Laid over to July 31st for Third Reading. Claim of Robert and Sharon Bruestle by Attorney Charles J. Brady, Suite 830, Minnesota Bldg., St. Paul, Minnesota, filed on July 23, 1979, was read. Referred to the City Attorney's Office. Claim of Sherry Cheney by Attorney Dan K. Nelson, 871 E. Seventh St., St. Paul, Minnesota, filed on July 23, 1979, was read. Referred to the City Attorney's Office. Claim of Calvin Jones, 776 N. Lexington Parkway, St. Paul, Minnesota, filed on July 20, 1979, was read. Referred to the City Attorney's Office. 57688. V July 26th, 1979. Claim of Leonard L. Kopka, Jr., 301 N. Wilder, St. Paul, Minnesota, filed on July 23, 1979, was read. Referred to the City Attorney's Office. Letter of Mayor George Latimer transmitting the District 16 Plan to the Council. It was requested that the Citizen Participation Coordinator meet with district representatives and recommend a date and place for a City Council hearing to consider adoption of the plan. Councilman Levine returned to the meeting at this point. Letter of the Director of Finance and Management Services reporting the petition u` John 0. Murrin to rezone Lot 21 and part of Lot 22, Block 1, Summit Park Addition is sufficient. Referred to the Planning Commission for recommendation. Administrative Orders: D 4980 - Payment of $4,200 to University of Minnesota for presentation of a three day seminar on the subject of project management: planning, scheduling and control. D 4981 - Extension of time of completion for the ornamental street lighting system at Warner Rd. -Childs Rd. Interchange. D 4982 - Establishment of Fair Re -Use Values for property as listed in Summit - University #8 and West -Midway #12 which is scheduled for sale. D 4983 - Increase of dollar amount to $5,275.51 for the surveying contract with Warren Forsberg in connection with the sale of 212 Housing Site. D 4984 - Increase in the dollar amount by $4,000 to the contract with Bather, Ringrose, Wolsfeld, Inc. for surveys in West Midway/So. St. Anthony Park. D 4985 - Additions of $555.70 for items as listed to the Homecroft School Gymnasium Addition Project. D 4986 - Addition of $198.67 for items as listed for the Homecroft School Gymnasium Addition Project. D 4987 - Addition of $136.11 for items as listed for the Homecroft School Gymnasium Addition Project. D 4988 - Conveyance of tax forfeited property as listed in Payne -Phalen District 5 and Downtown District 17. C.F. No. 273398. Resolution amending the Civil Service Rules by inserting new specifications for Affirmative Action Technician. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273399. Resolution amending the Civil Service Rules by striking the title Library Assistant from Grade 20 and inserting the title Library Assistant I AND by amending Section 32 by inserting the class specifications for Library Assistant I. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273400. Resolution amending the Civil Service Rules by striking the titles and specifications for Library Technician I (Displays), Library Technician I (Fine Arts) and Library Technician I (General) in Grade 3 and inserting the title and specification for Library Specialist I. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273401. Resolution amending the Civil Service Rules by striking the title and specifications for Library Technician II (Displays), Library Technician II (Fine Arts) and Library Technician I (General) from Grade 7 and inserting the title and specifications for Library Specialist II. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273402. Resolution amending the Civil Service Rules by placing an asterisk before the title General Library Assistant in Grade 22 so as to abolish the title except as to present incumbents, by inserting the title Library Assistant II in Grade 24 and by striking the specifications for General Library Assistant and inserting specifications for Library Assistant II. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.E. No. 273403. Resolution amending the 1979 Budget and transferring $5,502 from Contingent Reserve General to Dept. of Human Rights -Salaries. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 J 57689. July 26th, 1979. C.F. No. 273404. Resolution approving the addition to the 1979 Budget and transferring $400,000 from the Financing Summary to the Appropriation Summary: General Government Accounts. (Additional appropriation for Worker's Compensation; Finance Committee recommends approval). Adopted. Yeas - 5 Nays - 0 C.F. No. 273405. Resolution amending the 1979 Budget and transferring $56,000 from Contingent Reserve General to General Government Accounts -Workmen's Compensation. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 273406. Resolution amending the 1979 Budget and transferring $131,000 from Contingent Reserve -General from City Wide Data Processing. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 273407. Resolution appointing John Galles as Commissioner of Public Housing Agency to complete the unexpired term of Frank Rodriguez. Adopted. Yeas - 5 Nays - 0 C.F. No. 273408. Resolution authorizing execution of an Operating Agreement with the St. Paul Grower's Association providing for the operation of the City Market during hours deemed appropriate by the City. Adopted. Yeas - 5 Nays - 0 C.F. No. 273409. Resolution authorizing a dwelling lease agreement between the City of St. Paul and Allan R. Aho for property at 1594 Laurel Ave. and acquired by the city in connection with the Fire Station 414 acquisition. Adopted. Yeas - 5 Nays - 0 C.F. No. 273410. Resolution granting the transfer of Taxicab Vehicle License issued to St. Paul Yellow Cab Co. from a 1974 Plymouth to a 1977 Ford. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco returned to the meeting at this point. C.F. No. 273411. Resolution providing that all amendments to Law Enforcement Assistance Administration and Juvenile Justice and Delinquency Prevention Action projects which are sponsored by the City of St. Paul shall be monitored and approved by the St. Paul Ramsey County Criminal Justice Coordinating Council. Adopted. Yeas - 6 Nays - 0 Councilman Maddox referred to a public hearing on determining the need for more taxicabs which was tabled to November 30, 1979 and he moved that this public hearing be rescheduled from November 30th to the first Wednesday after Labor Day. Councilman Levine said Yellow Cab Company may be working on a program and in September we could find out where they stand. Councilman Maddox said he would include in the motion a provision that the Council President notify the people concerned that we.expect a time table to be presented and also that they show us what they have done up to that point. Councilwoman Hunt expressed support of the motion and said anew factor has entered into the picture and the burden is on the license holders to show that they have made significant progress. Councilman Levine said he supports getting the matter before the Council quicker at this point, not only because of the new item on insurance but because if we wait to November the weather is colder and the ultimate loser will be the people who use the taxicabs. Councilman Tedesco said he thinks the time has come to look to additional cab service from a different source if Yellow Cab Company cannot deliver and he thinks a third company should be given some of the licenses and competition would be good. Councilman Hozza suggested including in the motion a provision that we have a full report be our Licensing Department to be included in the public record and to lay the basis for further action. He said we should have the License Department look at the existing situation and also investigate the matter of having four taxicab zones in the Twin Cities and he said we should look to Minneapolis on the possibility of a joint powers agreement for one taxi zone between St. Paul and Minneapolis. He said (Discussion continued to the following page). July 26th, 1979. 57690. (Discussion continued from the previous page). in September we should have a full scale hearing including the Metropolitan Airports Commission and the MTC because there are other agencies and municipalities that have a direct interest in this matter. Councilman Maddox said he will include the suggestion in his motion and he said the suggestion for a joint powers agreement with Minneapolis is excellent. He said he agrees that the License Department should give a full scale report not only on the Yellow Cab situation but on other cabs and the reputation they have from other communities should they elect to come into St. Paul. Councilman Levine said a related problem is how we are going to move people in the fall of the year and he said bus ridership is up but public transportation will not be able to accomodate them if the trend continues and it is important to finalize a decision before the cold weather sets in. Roll call on the motion. Nays - 0 Adopted. Yeas - 6 !`--ilman Maddox moved that the meeting be adjourned. Copies sent to Councilmen Minutes approved by Council �/7 1 57691. MINUTES OF THE COUNCIL 10:00 A.M. \ July 31st, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Showalter, Tedesco, President Hozza...5 Absent - Councilmen Butler, Maddox ... 2 (Councilman Maddox arrived at a point during the meeting). Approval of minutes for July 3, 5, 10, 11 and July 12, 1979. Councilwoman Showalter moved that the minutes be approved. Adopted. Yeas - 5 Nays - 0 Councilman Maddox arrived at this point in the meeting. Hearing was held on the petition of the St. Paul Jewish Community Center and the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. for the vacation of a portion of Wheeler St. adjacent to Block 6, Granport Addition. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. Councilman Levine moved that a resolution be prepared granting the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of Richard Kuehlwein and Gary Johnson for the vacation of part of Cottage Ave. near Edgerton St. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. Councilman Tedesco moved that a resolution be prepared granting the petition subject to certain terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 C.F. No. 273412. FINAL ORDER. In the matter of grading and paving the alley in Block 8, Watt's Park from Howard \ St. to McKnight Rd. under P.O. 273005. A report of the Public Works Committee was noted recommending approval of this order and the following order. No one appeared. Mr. Eggum of the Valuation Engineers Office noted that new estimates have been received for the improvement which are higher than originally proposed but the information was available -at the Public Works Committee Meeting. Councilman Tedesco moved approval of this order and the following order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273413. FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills in the grading and paving of the alley in Block 8, Watt's Park from Howard St. to McKnight Rd., under P.O. 273006. Adopted. Yeas - 6 Nays - 0 FINAL ORDER. In the matter of opening, grading and paving the alley in Block 72, W. J. Godfrey's Subdivision, under P.O. 273009. A report of the Public Works Committee was noted recommending denial of this and the following final order. No one appeared. Councilman Tedesco moved that this order and the following order be denied. Adopted. Yeas - 6 l FINAL ORDER. In the matter of opening, grading and paving and condemning an easement for slopes, cuts and fills for the alley in Block 72, W. J. Godfrey's Subdivision, under P.O. 273010. - Order Denied. Yeas- 6 Nays - 0 57692. July 31st, 1979. FINAL ORDER. In the matter of grading, paving, constructing concrete curb and gutter, constructing storm sewer and storm water drainage facilities and constructing water and sewer service connections on Winthrop Circle from Boxwood Avenue to cul-de-sac and Boxwood Avenue from Winthrop Circle to McKnight Rd., under P.O. 273112. A report of the Public Works Committee was noted recommending that this order and the following three orders be denied. Ernest Cutting, Attorney representing Mr. and Mrs. Leonard, said the project before the City Council is not the one requested by the Leonards and they only requested the improvement of part of Winthrop Circle. He said the proposal can be accomplished without the improvement of Boxwood Avenue and the Leonards would be the only people assessed. He said washing of the hill would be solved with the proposed improvement and the project would allow the construction of twenty-two new homes and the Leonards are not builders but property owners and any problems concerning the buildings should not be placed on their shoulders. Councilman Maddox said he concurs with some of the comments but about 40 people were present at last nights committee hearing and only two in favor and he said the people feel there should be less lots and he therefor recommends denial of the orders and the developer can work out a plan agreeable with District 1. Councilwoman Hunt said she thinks the residents would have a better voice in the design of this project if it is proposed by the city rather than through private construction. Mr. Don Dunlap, 2233 Boxwood said their main objection is to design of the plan and the number of lots are not consistent with the terrain and they are still opposed to the development of the area unless it is consistent with the rest of the neighborhood. At the question of Councilman Hozza, Mr. Dunlap said the street could have been constructed without an affect on other streets and he recommends the developer meet with District 1 and that the project be developed at his own expense and not the taxpayers. Councilman Levine said he thinks the property will eventually be developed and a good plan is necessary. Councilman Tedesco suggested that the lots be larger and a plan be developed with District 1 and the neighbors. Linda Anderson a resident on Boxwood agreed that a plan of the area should be developed. Councilman Tedesco moved denial of this order and the following three orders with the understanding that the Leonards would work with District 1, the neighbors and the Public Works Department on a new plan. At the question of Councilman Hozza, Mr. Cutting said the Leonards have tried to prepare a plan in accordance with the present requirements and the streets are in place where the city has recommended. He said he would discuss the matter with his clients to determine whether they would proceed with the development on their own. Councilwoman Hunt asked about an overall plan of the area and Mr. Bellus, Planning Administrator, said an overall plan was done but it is good to work through the process and in coordination with District I. Roll call on the motion to deny the orders. Adopted. Yeas - 6 Nays - 0 FINAL ORDER. In the matter of acquiring sewer easements Hill and condemning slopes, cuts and fills Boxwood Avenue, under P.O. 273113. Order denied. Yeas - 6 over part of Lot 8, Block 1, St. Joseph for the grading of Winthrop Circle and Nays - 0 FINAL ORDER. In the matter of constructing sanitary sewer in Winthrop Circle, under P.O. 273114. Order denied. Yeas - 6 Nays - 0 FINAL ORDER. In the matter of installing water main on Boxwood Avenue and in Winthrop Circle, under P.O. 273115. Nays - 0 Order denied. Yeas - 6 FINAL ORDER. In the matter of acquiring Lot 8, Block 1, Kaufhold's Addn. for a storm water ponding area, under P.O. 273265. William Schultz, 1918 E. Maryland, asked the purpose of the acquisition and referred to a water problem in his basement because of the trench built to the ponding area and he also said he feels the ponding area is too high and will result in a water problem. Mr. Stanke of the Public Works Department said the problem of Mr. Schultz may or may not be related to the ponding area but the Public Works Department will investigate the matter. (Discussion continued to the following page). J 57693. \( v July 31st, 1979. _ (Discussion continued from the previous page). Councilman Levine said he is reluctant to support the order without further discussion. Councilman Tedesco said he will abstain on this matter because he is a property owner in the area. Mike Bovee, 1930 Maryland, also expressed concern about water backup. Councilman Maddox moved that the matter be laid over for two weeks to August 14th for further investigation by the Public Works Department. Adopted. Yeas - 5 Nays - 0 Abstention - 1 (Tedesco) C.F. No. 273414. FINAL ORDER. In the matter of installing a water main in Wyoming St. from Stickney St. to 300 feet east of Stickney St., under P.O. 273266. Ruby Welter, 555 E. Wyoming, said she owns 3 lots and is in favor of the improvement but opposes the assessment for one of her adjacent lots. Councilman Tedesco left the meeting at this point and returned later in the meeting. Mr. Eggum of the Valuation Engineer's Office explained the city policy to assess all abutting property. Councilman Maddox moved approval of the order. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco returned to the meeting at this point. FINAL ORDER. In the matter of grading and paving Doswell Ave. from Berry St. to Trunk Highway X6280, under P.O. 273267. Councilman Maddox said the Public Works Committee recommends that this order be laid over for two weeks to August 14th and he so moved. Adopted. Yeas - 6 Nays - 0 FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills in connection with the grading and paving of Doswell Ave. from Berry St. to Trunk Highway 66280, under P.O. 273268. Laid over for two weeks to August 14th. Resolution ordering the correction or wrecking and removal of a structure at 454 Edmund Ave. Mr. Strohkirch of the Housing Code Division said he inspected the property yesterday and it was being cleaned up and the building is vacant and he also has information that the grant is not available. Mrs. Waldo said she wants to appeal the $5,000 grant and it was turned down because they feel it would take $17,000 to rehab the property but she thinks she will get a $5,000 grant. At the question of Councilman Levine, Mr. Strohkirch said the building is secured. Sandy Morris of District 7 said the Mayor's Rehabilitation Committee would make \ a determination on the grant and their next meeting is August 20th. Councilwoman Hunt said the main issue is a decision on whether the structure is feasible for rehabilitation and if public funds are used the city should make a determination whether it is feasible. At the question of Councilman Tedesco, Mr. Strohkirch said it is possible to rehabilitate the property but they believe the $17,000 figure is probably more accurate. Robert Thissen, former owner of the property, said Ms. Waldo should be given the opportunity to rehab the property. Councilwoman Showalter left the meeting at this point. Councilman Levine said the question is the cost of rehabilitation and he favors rehabilitation unless there is a neighborhood problem and is not opposed to a short continuance of this matter but he has some doubt about the feasibility of rehabilitation. After some discussion, Councilman Maddox moved that the matter be continued for three weeks to August 21st. Adopted. Yeas - 5 Nays - 0 Hearing on the appeal of Myron A. Roth (Midwest Plastics) to a decision of the Board of Zoning Appeals concerning property at 1422 Ames Avenue. Ms. McNeally of the Planning Staff reviewed this matter and said since the last hearing two- meetings were held and the applicant agreed to survey the site and draw a plan but has asked that a decision be made on the appeal before spending additional I money. (Discussion continued to the following page). .V 57694. July 31st, 1979. (Discussion continued from the previous page). Mr. R. Scott Davies, Attorney representing Midwest Plastics, Inc., urged that the Zoning Board decision be reversed and the driveway be authorized for use and he reviewed the history of the matter. He said approved plans for the building addition in 1976 showed the use of the driveway to Ames Avenue and from that time the driveway was used as an access point. He said he believes the Zoning Board errored in determining that the driveway was an invalid use and he cited several similar court decisions regarding the taking of access. He said he believes that there is sufficient legal authority that the property cannot be down zoned to cut off existing access points and he said the petition to rezone the property is not before the Council and the only matter for decision is the appeal to the action of the Board of Zoning Appeals. Councilman Maddox referred to an agreement at the last hearing concerning the rezoning and the agreement to construct a roadway on the railroad right-of-way and also construct fencing. Councilman Levine said he also agrees that a compromise was reached at the last meeting and Mr. Davies should have been informed., Mr. Davies said his client was not fully advised ;it that point concerning the right to access. Councilwoman Hunt said she thinks the matter might -Ind up in the courts and she suggested a compromise to avoid a court proceeding by either side. She said she doesn't favor trucks using the driveway on Ames but the property could be rezoned to allow parking with the use of the driveway by automobiles - Mr. Davies said the 14 foot access is not adequate for truck trailers and if access is cut off on Ames there is no room for a turn around. He said ago the proposal does not allow sufficient fire access and the proposal ended up to be unworkable. Ms. McNeally said the Board of Zoning made a finding that Lot 3 has been zoned residential since 1922 and Mr. Segal said the property behind Lot 3 is also zoned residential. Mr. Davies said they contend that the driveway area is zoned the same as the property the plant was constructed on. Pat Kolb, 1384 Ames, referred to the agreement reached at the May 16th meeting and he said the issue has not been resolved and he urges a decision today to uphold the Zoning Board action. Councilwoman Hunt asked for a position of the residents if the matter went to court �\ and the applicant was allowed the appeal with truck traffic and Mr. Kolb said he thinks the risk on an appeal is very small. Mr. Helemas, Chairman of District 2, said there are many questions involved and he doesn't think there can be an easement over residential property to serve an industrial use. A resident on Ames Avenue said she favors denial of the appeal and doesn't thinks there is much of a risk in a court appeal. Bill Roth of Midwest Plastics said they do own the 20 foot strip and a possible expansion of the plant is contemplated and at a meeting with neighbors there was discussion on the boundary for the P-1 district. He said after a meeting with Mr. Davies he feels they have the legal right to use the driveway. No one else appeared and the public hearing was ordered closed. Councilman Hozza said his opinion is that the key issue is whether commercial vehicles should have access to Ames Avenue and he thinks no commercial vehicles on Ames would solve the problem and he cannot support the appeal if commercial vehicles are allowed on Ames. Councilwoman Hunt said she would like to work the matter out to preclude a court challenge and she thinks the site is limited for expansion and the city, through its Port Authority, should work with Midwest on a long range and short range plan to relocate the property with Port Authority financing. At the question of Councilman Hozza, Mr. Starr said the ordinance provides that a decision should be made without unreasonable delay and a split decision without the required four votes would mean the appeal has been denied and the action of the Board of Zoning Appeals would stand. Mr. Davies suggested a compromise to exclude trucks and trailers from Ames Avenue but retain access for passenger vehicles with a provision for the rezoning of the property. Mr. Kolb said there is no problem with cars using the south driveway. Councilman Maddox moved that the appeal be denied. Councilwoman Hunt said she will support the motion but would have favored a compromise to allow employee car access from Ames. Roll call on the motion. Yeas - 5 Nays - 0 Adopted. Councilman Levine moved that the rules be suspended to consider matters that appear later on the agenda. Yeas - 5 Nays - 0 Adopted. J 57695. July 31st, 1979. Letter of the Planning Administrator transmitting the matter of a dispute between the District 11 Coalition and the District 13 Consortium with regard to the location of the boundary between those two districts. Councilman Hozza suggested that the matter be referred to the City Development and Transportation Committee to be considered by the committee of the whole and Councilman Maddox so moved. Adopted. Yeas - 5 Nays - 0 C.F. No. 273415. Resolution granting transfer of Off Sale Liquor license from Applebaum's Food Markets, Inc. at 2023 Marshall Ave. to The Applebaum Companies, Inc. at the same address. Adopted. Yeas - 5 Nays - 0 C.F. No. 272986. FINAL ADOPTION. An ordinance amending Chapter 438 of the Legislative Code pertaining to unlawful display to minors of indecent publications, pictures, or articles. Councilman Hozza questioned the purpose of the ordinance and said he cannot see a problem or the reason for the ordinance and therefor cannot support its adoption. Councilwoman Hunt asked who would enforce the ordinance and Mr. Starr said the police department would be involved with enforcement. Councilwoman Hunt said the publications distributed is distasteful but the ordinance just points attention to it and she doesn't know if the ordinance will eliminate the problem. Councilman Maddox stressed that the ordinance is already in effect and this is only an amendment that adds places of dissemination. Councilwoman Hunt said she would ask that the ordinance be amended to provide a sunset provision which would make the ordinance expire in one year and she moved that -the ordinance be amended to include a sunset clause and provide that the ordinance would expire after one year. At the question of Councilwoman Hunt, Mr. Starr said he does not know whether such an amendment would be legal and would like time to research the matter. Councilman Maddox suggested adoption today and he said he would support a separate ordinance by Councilwoman Hunt at a later date adding the sunset provision. After some discussion Councilwoman Hunt moved that this and the following ordinance be laid over for two weeks to allow time for the City Attorney to respond on the sunset amendment. Roll call on the motion. Yeas - 3 (Hunt, Levine, Hozza) Nays - 2 (Maddox, Tedesco) Motion failed of adoption. Councilman Maddox again stated he would support a sunset amendment at a later date and he urged adoption today. Roll call on adoption of the ordinance. Yeas - 3 (Levine, Tedesco, Hozza) Nays - 2 (Hunt, Maddox) At the question of President Hozza, Mr. Starr said the prevailing side would be those persons who voted no on the motion because the motion failed. Councilwoman Hunt moved that the action be reconsidered. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that this ordinance andthe following ordinance be laid over two weeks to August 14th, 1979. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco left the meeting at this point and returned later in the meeting. C.E. No. 272987. FINAL ADOPTION. An ordinance amending Chapter 475 of the Legislative Code pertaining to unlawful dissemination of materials which are harmful to minors. The ordinance was laid over to August 14th, 1979. C.F. No. 273335. THIRD READING. An ordinance amending Chapter 6 of the Administrative Code entitled "Dept. of Public Works" and providing for its reorganization. Mr. Eggum of the Public Works Department appeared to explain the ordinance and answer questions and Councilman Hozza noted that he has read the supporting data and supports the ordinance and there were no questions from other Council Members. The ordinance was laid over to August 7th for Final Adoption. C.E. No. 273377. SECOND READING. An ordinance granting permission to Flintkote Co. to construct and maintain a communication cable across E. 7th St. at 1120 E. 7th St. Laid over to August 2nd for Third Reading. \July 31st, 1979. 57696:` C.F. No. 273416. FIRST READING. An ordinance amending Chapter 108 of the Legislative Code pertaining to truck and wagon scales and registration of weighers and repealing Chapter 109 entitled "Weights and Measures, City Sealer". Laid over to August 7th for Second Reading. C.E. No. 273417. FIRST READING. An ordinance amending Chapter 147.12 of the Legislative Code entitled "Interference with use of Meters". (Increases fees for parking meters closed due to building construction, etc.) Laid over to August 7th for Second Reading. Claim of Hiram Douglas, Jr. by Attorney Edward Donohue, 760 Northwestern National Bank Bldg., St. Paul, Minnesota, filed on July 26, 1979, was read. Referred to the City Attorney's Office. Claim of John Lorsung by Attorney Stewart Perry, 1625 Park Avenue, Minneapolis, Minnesota, filed on July 24, 1979, was read. Referred to the City Attorney's Office. Claim of Margaret T. Mortinson, 538 Annapolis, W. Mendota Heights, Minnesota, filed on July 25, 1979, was read. Referred to the City Attorney's Office. Claim of Wm. E. Sandberg, 1738 Blair Avenue, St. Paul, Minnesota, filed on July 27, 1979, was read. Referred to the City Attorney's Office. Claim of Mary Ann Washington, 958 Marshall, St. Paul, Minnesota, filed on July 27, 1979, was read. Referred to the City Attorney's Office. Claim of Timothy Pitcher, 865 Deppe St., West St. Paul, Minnesota, filed on July 27, 1979, was read. Referred to the City Attorney's Office. Petition to rezone from RT -1 to I-1, Lots 8 and 9, Block 5, College Park Addn. at 1602 and 1606 Carroll. Referred to the Finance Department for check as to sufficiency. Petition to rezone from RM -2 to I-1, Lots 2 thru 8, and 15 thru 26, Block 1, D. R. Burbank's Addn. to St. Paul. Referred to the Finance Department for check as -to sufficiency. Administrative Orders: D 4989 - Extend time of completion on contract for Construction of an Ornamental Street Lighting System in Block 36 - Mears Apts. D 4990 —Approval of Workers Compensation to Philip Korlath, employee of the Dept. of Water. C.F. No. 273418. Resolution approving appointments as listed to a task force for the St. Paul Public Library for purposes of a preparation for a five-year plan for the Library. Adopted. Yeas - 4 Nays - 0 C.F. No. 273419. Resolution approving the appointment by the Mayor of Clark Armstead to the Planning Commission to fill the unexpired term of Jean McGinley, said term to expire September 15, 1980. Adopted. Yeas - 4 Nays - 0 C.F. No. 273420. Resolution accepting a gift of $10,000 from the Dayton -Hudson Co. in support of the Negotiated Investment Strategy Program (NIS). Adopted. Yeas - 4 Nays - 0 C.F. No. 273421. Resolution accepting a gift of $10,000 from the St. Paul Foundation in support of the Negotiated Investment Strategy Program (NIS). Adopted. Yeas - 4 Nays - 0 C.F. No. 273422. Resolution accepting the proposed Plat of S & L Estates. Adopted. Yeas - 4 Nays - 0 57697Y July 31st, 1979. C.F. No. 273423. Resolution accepting the proposed Plat of Wiggins Oak Hills. Adopted. Yeas - 4 Nays - 0 C.F. No. 273424. Resolution granting House Drain Contractor license.�to Chas. Rosenberger, dba A.C.G. Mechanical, Inc. Adopted. Yeas - 4 Nays - 0 C.F. No. 273425. Resolution granting sewer service refund to firms as listed. Adopted. Yeas - 4 Nays - 0 Councilman Tedesco returned to the meeting at this point. C.F. No. 273426. Resolution declaring the sanitary sewer located in Pearl St. near Bayless Ave. to be a public sewer and under the care and maintenance of the Dept. of Public Works. (Cynthia A. Urman, petition) Adopted. Yeas - 5 Nays - 0 C.F. No. 273427. Resolution approving a lease and joint use agreement between the City of St. Paul and I.S.D. #625 for the City's lease and joint use of the new Baker Multi -Service Center AND various portions of Cherokee Elementary School. Adopted. Yeas - 5 Nays - 0 C.F. No. 273428. Resolution approving a lease and joint use agreement between the City and I.S.D. 9625 for the City's lease and joint use of the new North -End Multi - Service Center AND various portions of Washington Jr. High School. Adopted. Yeas - 5 Nays - 0 C.F. No. 273429. Preliminary Order for the grading, paving, constructing of concrete curb and gutter and construction of storm water drainage facilities on Cohansey St. from St. Paul & Northern Pacific Ry. Co. to Wheelock Pkwy. AND the proposed E - W street from Cohansey St. to Arundel St. (extended) AND Arundel St. from St. Paul & Northern Pacific Ry. Co. to Ivy Ave. AND Ivy Ave. from Arundel St. (extended) to Western Ave. AND setting date of public hearing for Aug. 21, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273430. Preliminary Order for the construction of water main and water service connections on Cohansey St. from the St. Paul and Northern Pacific Ry. Co. to Wheelock Pkwy. \ AND the proposed E -W street from Cohansey St. to Arundel St. from the St. Paul and Northern Pacific Ry. Co. to Ivy Ave. AND Ivy Ave. from Arundel St. (extended) to Western Ave. AND setting the date of public hearing for August 21, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273431. Preliminary Order for the construction of sanitary sewer and sewer service connection on Cohansey St. from St. Paul and Northern Ry. Co. to Wheelock Pkwy. AND the proposed E -W street from Cohansey St. to Arundel St. (extended) AND arundel St. from St. Paul and Northern Pacific Ry. Co. to Ivy Ave. AND Ivy Ave. from Arundel St. (extended) to Western Ave. AND setting date of public hearing for August 21, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273432. Preliminary Order for the opening, widening and extending parts of Cohansey St., Arundel St. and the east -west street between Cohansey St. and Arundel St. by taking parts as listed of Cottage Homes Addn. AND condemning and taking an easement for drainage purposes on the Ry. right-of-way in the vacinity of Cohansey and proposed Arundel AND condemning and taking an easement in the land necessary for the slopes, cuts and fills occasioned by the improvements in parts of Cohansey, Arundel and Ivy Streets as listed AND setting date of public hearing for August 219 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273433. Resolution approving assessment for the reconstruction of curb and sidewalk on ' the west side of Wabasha St. from 5th to 6th St. AND setting date of public hearing for August 21, 1979. (P.O. 269463) Adopted. Yeas - 5 Nays - 0 J. 57698. July 31st, 1979. C.F. No. 273434. Resolution approving assessment for the reconstruction of curb and sidewalk on the west side of St. Peter St. from 9th St. to W. Exchange St. AND setting date of public hearing for August 21, 1979. (P.O. 271112) Adopted. Yeas - 5 Nays - 0 C.F. No. 273435. Resolution approving assessment for the reconstruction of curb, areaways and sidewalk on the west side of Western Ave. from Selby Ave. to the south 120' AND setting date of public hearing for August 21, 1979. (P.O. 271340) Adopted. Yeas - 5 Nays - 0 C.F. No. 273436. Resolution approving assessment for constructing sidewalk on the north side of Sims Ave. from Flandrau St. west 132' abutting 939 Flandrau St. AND setting date of public hearing for August 21, 1979. (P.O. 271342) Adopted. Yeas - 5 Nays - 0 Councilman Hozza asked to be excused from Council on Thursday, August 2nd, and Councilman Levine moved that the request be granted. Adopted. Yeas - 5 Nays - 0 Councilman Maddox referred to an agreement that there be a discussion on the Police Chief selection when a City Attorney opinion is received and he moved that such a discussion be scheduled for Tuesday, August 14th. Adopted. Yeas - 5 Nays - 0 Councilman Levine moved that the meeting be adjourned. Adnntad. Yeas - 5 Nays - 0 Copies sent to Councilmen /7 Minutes approved by Council d/ F/'7 9 57699. MINUTES OF THE SPECIAL COUNCIL MEETING 7:30 P.M. \ July 31st, 1979 IOWA HI -RISE - 1743 E. IOWA AVE. SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 7:35 P.M. Present - Councilwomen Hunt, Showalter, Councilman Maddox, Vice President Tedesco.. ..4 Absent - Councilwoman Butler, Councilman Levine, President Hozza...3 (Councilman Levine and President Hozza arrived at a point during the meeting.) Hearing was called to consider the District 2 Plan. Tom Zahn of the Planning Staff reviewed the Plan and some of the proposals as they related to the Phalen Shopping Center,.the Hillcrest Shopping area, the Furness Park- way and the plan for vacant land. Mr. Helemas, Chairman of District 2, described how the plan was formulated. Mr. D.C. Hoffman described prints showing the proposed improvement of the Furness Parkway with walkways, bikeways, benches, trees, etc. Councilmen.Hozza and Levine arrived at this point in the meeting. Mr. Hoffman said they have requested an $11,000. grant for a pedestrian and bike path and hope for implementation during 1980. An unidentified man expressed concern over what will happen to the Furness Park and he said he thinks it will be -a hangout for children and he can't see putting all that money into an outdoor beer garden for children. Councilwoman Hunt said she thinks the plan looks exciting but some parks are attractive nuisances and if a problem develops the city would have to take steps to improve the situation. Mr. Helemas said the Furness Park matter is a standing Committee report at every Community Council meeting. Mr. Hoffman said the Furness Park proposal has received a lot of attention and he thinks the neighbors will watch activities around the park and report any problems. Councilwoman Showlater said she also thinks the development of the Furness Park is exciting and thinks the people will watch the area. Councilman Levine said he thinks there has also been a problem with unimproved areas and this plan is good and well studied. The undentified man said he thinks the area will create problems with hangouts and \ vandalism. Councilman Maddox said we cannot blame vandalism on the -,parks and he thinks the design is good and will support. Mr. Hellemas said that he thinks some of the zoning in the area might be changed to be more conducive to development. Councilman Hozza referred to the new zoning code adopted some time ago and to both up and down zoning and to constant changes and he said he could see the possibility of the District Council working with the Planning Department on rezoning some of the property through the forty acre procedure. Mr. Hellemas also expressed concern about implementation by a developer after rezoning and Mr. Bellus, the Planning Administrator, explained planned unit development and how the code could possibly be amended to have this apply to smaller- tracts of land. No one else appeared and Councilman Tedesco moved that the public hearing oe closed and the discussion limited to Council members. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt moved that the appropriate resolution be prepared approving the District 2 Plan and that the resolution be placed on the agenda two weeks from today on August 14, 1979. Councilwoman Hunt commended the people of the area for a considera- ble amount of time and work on the District proposal and plans. Roll call on the motion. Yeas - 6 Nays - 0 Adopted. Councilman Tedesco also commended the people of the area and the Planning Staff for the District Plan and he said he thinks the Furness Park proposal is better then a proposal some years ago for a highway use. (Discussion continued to the following page.) 57700V ` 1979. July 31st, (Discussion continued from the previous page.) The unidentified man asked about discussion an other items such as taxes, etc. and was told some of the staff people and others would be available after the meeting for a more general discussion on items not related to the District 2 Plan. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ATTES . City Cler ` Copies sent to Council Members `�/ 3 `l Minutes approved by Council d/� 2 �/7 J J 57701. MINUTES OF THE COUNCIL 9:00 A.M. August 1st, 1979 COUNCIL CHAMBERS - CITY HALL & COURT11OUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President.-Hozza at 9:10 A.M. Present - Councilwomen Hunt, Showalter, Councilmen Maddox, Tedesco, Mr. President Hozza...5 Absent - Councilwoman Butler, Councilman Levine...2 d to Entertain - Application for the transfer of the On Sale Liquor License atltheesame address. (Albert went Enterprises, Inc. at 369 Cedar Street to Alro, 0. t Entise notified to attend.) The following resolution was submitted. C.F. No. 273437•uor License, Sunday On Sale Liquor License, Resolution granting transfer of On Sale Liquor Cigarette License from Class C2 -Restaurant, Tavern, Off Sale Malt Beverage and Entertainment Enterprises, Inc. at 369 Cedar Street to rAbstentionsthelsa(Councilman Adopted. Yeas - 4 Nays - 0 Maddox) le Malt Beverage icenses Application for Clifford Muller Mtransfer of th the641 On Sa Streets to AlexC-Mellgrencatlthe esamouse address. issued to ce (Alex C. Mellgren notified to attend.) The following resolution was submitted. C.F. No. 273438. Resolution granting transfer of a Class C 2 -Restaurant and On Sale Malt Beverage License and Cigarette Location License from Clifford L. Muller at 1641 Rice Street to Alex C. Mellgren attheeas Same address. - 0 Adopted. ay they ave Mr. k, said Mr. Richard Aretz, attorney representing eprese tinor half ofathe cOn Sale Liquor dLicense of the Starr, the City Attorney, a reserve this license in Blue Moon bar and he said he is requesting the Council to p order that it can be returned to Mr. Radnino problem Councilman Hozza said he assumes there is no proncerning the issuance of a until the end of the license period at which time a decision will have to be made co license. Councilman Maddox left the meeting at this point. Councilman Hozza referred to two ordinances considered yesterday re pertaining to the disseminatio�oofbmaterials to minors and e sai these d atthe mattCityers we Counciltand shessuggested Committe on the that they be referred back to Committee for consideration and possible amendment. Councilwoman Hunt aiand it hesitant t trefehat thmatterecould rs cagain k to Cbe�discussed hat out the author present tomorrow's City Council meeting. Councilwoman Hunt moved that the meeting be journed. Yeas -4 Nas-0 Adopted. r n Nr Copies sent to UounciiWcLL,_ Minutes approved by Council _J 57702. MINUTES OF THE COUNCIL. 10:00 A.M. August 2nd, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Levine, Maddox, Showalter, Mr. Vice President Tedesco ... 4 Absent Councilmen Butler, Hunt, Mr. President Hozza...3 Hearing was held to consider the adoption of the District 467 Plan. Dorothy Schlesselman of the Planning Staff reviewed the:plan and Sandy Morris of District 467 urged its adoption. Councilwoman Showalter said District 467 should be commended for bringing all the groups together on this plan. Councilman Maddox moved approval of the plan. Adopted. Yeas - 4 Nays - 0 Hearing was held to consider the appeal of Prairie Chicken, Inc. to a decision of the Board of Zoning Appeals affecting property at White Bear Avenue and Old Hudson Road. It was noted that the Planning Staff had recommended denial of the appeal and the Board of Zoning Appeals concurred unanimously in the recommendation. Mr. Vice President Tedesco asked if anyone was present and wanted to be heard on behalf of the appellant and no one appeared. Councilman Maddox moved that the appeal be denied. Adopted. Yeas - 4 Nays - 0 C.F. No. 273333. FINAL ADOPTION. ORD. NO. 16550. An ordinance amending Chapter 424 of the Legislative Code pertaining to applications and examinations for civil Service employment; prohibiting certain acts and providing penalties therefor. Adopted. Yeas - 4 Nays - 0 C.F. No. 273334. FINAL ADOPTION. ORD. N0. 16551. An ordinance amending Section 124.02 of the Legislative Code pertaining to parkways. Adopted. Yeas - 4 Nays - 0 C.F. No. 273439. FIRST READING. An ordinance amending Section 74.13(f) of the St. Paul Legislative Code by providing for punitive damages for violations of Chapter 74. Laid over to August 9th for Second Reading._ C.F. No. 273377. THIRD READING. An ordinance granting permission to Flintkote Co. to construct and maintain a communication cable across E. 7th St. at 1120 E. 7th St. Laid over to August 9th for Final Adoption. Claim of Auto Owners Insurance Co., 4005 West 65th Street, Suite 46220, Edina, Minnesota, filed on July 30, 1979, was read. Referred to the City Attorney's Office. Claim of Renee. Wiger, 25 Ludlow Avenue, St. Paul, Minnesota, filed on July 31, 1979, was read. Referred to the City Attorney's Office. Amended petition to rezone property at 1605 Christie Place aka Lots 1, 2, and Lots 27 through 30, Meyers Subdivision of the E. 31 of Block 3, Kerwins Outlots. Referred to the Planning Commission for recommendation. Petition to rezone property at 805 Hudson Road aka William Subdivision north of Hudson Road of Lots 14 thru 16, Block 57. Referred to the Finance Department for check as to sufficiency. J 57703. August 2nd, 1979 Letter of the Director of the Dept. of Finance & Management Services reporting the petition of the HRA to rezone Lots 9 and 10, Block 82, St. Anthony Park is sufficient. Referred to the Planning Commission for recommendation. Letter of the Director of the Dept. of Finance and Management Services reporting the petition of the HRA to rezone Lots 19 and 20, Block 83, St, Anthony Park is sufficient. Referred to the Planning Commission for recommendation. Letter of the Director of Finance and Management Services reporting the petition of the HRA to rezone Lots 1 and 2 and part of Lot 3, Hoard's Subdivision is sufficient. Referred to the Planning Commission for recommendation. Letter of the Director of the Dept. of Finance and Management Services reporting the petition of the HRA to rezone Lots 10 and 11, Block 81, St. Anthony Park is sufficient. Referred to the Planning Commission for recommendation. Administrative Orders: D 4991 - Payment of $48.86 from the Workers Compensation Account to Beverly McIlhargey, Dept. of Finance & Management Services employee. D 4992 - Payment of $564.30 from the Workers Compensation Account to Richard Gruber, Dept. of Community Services employee. D 4993 - Payment of $5,319 from the Workers Compensation Account to E. Guy Parker, Water Dept. employee. D 4994 - Payment of $125.40 from the Workers Compensation Account to Joseph Nelson, Dept. of Public Works employee. Resolution amending the Salary Plan and Rates of Compensation resolution by inserting new hourly schedule for Parking Lot Guard (Schools) in Section II B. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending terms and conditions of the 1978-1979 Maintenance Labor Agreements between the City of St. Paul and I.S.D. X1625 and the Sheet Metal Workers \ International Association Local 76. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Accounting Technician I -Renewal in Section 3.L, Grade 30, Technical Group AND amending Section 32 by applying the present specifications for the title Accounting Technician I to transfer employee from the St. Paul H.R.A. in the position of Accounting Technician I -Renewal. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Disbursement Auditing Supervisor from Section 33, Grade 38, Clerical Group and inserting the title in Grade 36 AND amending Section 32 by striking the present specifications for the title Disbursement Auditing Supervisor and substituting in lieu thereof new specifications. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Project Manager Assistant from Section 3.J, Grade 7, Professional/Administrative Non - Supervisors Group and substituting in lieu thereof the title Project Manager I AND amending Section 32 by striking the specifications for the title Project Manager Assistant and inserting in lieu thereof the specifications for the title Project Manager I. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the present specifications and substituting new specifications in Section 32 for the title Project Manager IV. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Ad_o4tion. Resolution amending the Civil Service Rules by inserting the title Project Manager II in Grade 10 and Project Manager III in Grade 16 of Section 3.J, Professional Administrative Non -Supervisors Group AND amending Section 32 by inserting their specifications. (First Reading; Finance Comm. recommends approval). Laid over to August 9th for Second Reading and Adoption. 57704./ August 2nd, 1979. Resolution amending the Civil Service Rules by striking the title Substitute Library Technician from Section 3.M, Special Employment Group and substituting in lieu thereof the title Substitute Library Specialist AND amending Section 32 by the striking of specifications for the title Substitute Library Specialist. (First Reading; Finance Committee recommends approval). Laid over to August 9th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Zoning Specialist in Section 3.J, Grade 14, Professional -Administrative Non -Supervisors Group AND inserting its specifications in Section 32. (First Reading; Finance Committee recommends approval). and Adoption. Laid over to August 9th for Second Reading_ C.F. No. 273440. Resolution amending the 1979 Budget and transferring the am ount of $140,072 from Contingent Reserve -Specified to Dept. of Community Services -Public Health Administration. (Model Cities Health Program; Finance Committee recommends approval). Nays - 0 Adopted. Yeas - 4 C.F. No. 2733441. Resolution creating a ten member Advisory Committee on Native American Affairs. Adopted. Yeas - 4 Nays - 0 C.F. No. 273442. Resolution approving the reappointment of Susan McCloskey to the Metropolitan Airports Commission for a term to expire on July 1, 1981. Councilman Levine said he is pleased to support this appointment and Ms. McCloskey has done a very good job and is the only person on the commission who has close to the noise impacted area. He said at the last Air Sound Abatement Committee Meeting it was pointed out that she has done a very good job. Councilman Tedesco said Ms. McCloskey brings to the MAC what Councilwoman Butler brought to the Council being an air of independency. Councilwoman Showalter said Ms. McCloskey is extremely conscientious and she is happy to support the reappointment. Roll call on the resolution. Yeas - 4 Nays - 0 Adopted. C.F. No. 273443.\ Resolution authorizing execution of an agreement between the City and Ramsey Action Programs, Inc. wherein RAP will pay the City the sum of $12,820 for r expenses incurred in a Summery Recreation Program. Nays - 0 Adopted. C.F. No. 273444. Resolution releasing Universal Surety Co. from any claims in connection with the remodeling of portions of the Education and Research Bldg. at the St. Paul Ramsey Medical Center. Yeas - 4 Nays - 0 Adopted. C.F. No. 273445. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.E. No. 273446. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273447. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273448. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273449 Resolution granting transfer of Laundry -Dry Cleaning Plant License from C.M. Cole Co. at 1439 N. ClevelandtoRobert W. House at Nayshe same address. Adopted. C.F. No. 273450. Resolution granting transfer of Beauty Shop License from Lois F. Glass at 442 E. Geranium Ave. to Lois F. Glass at 1695 E. Seventh St. Adopted.. Yeas - 4 Nays - 0 J 57705. \, August 2nd, 1979. C.F. No. 273451. Resolution granting transfer for General Repair Garage License from Walter C. Carlson at 164 No. Snelling Ave. to Earth Plus, Inc. at the same address. Adopted. Yeas - 4 Nays - 0 C.F. No. 273452. Resolution authorizing a Radio Maintenance Services Agreement with the St. Paul Ramsey Medical Center Commission, whereby the City's Police Dept. will service the Commission's mobile and stationary radio equipment. Adopted. Yeas - 4 Nays - 0 C.F. No. 273453. Resolution authorizing a Lease Agreement with N.W. Auto Brokers for furnishing various motor vehicles for use by units of the City's Police Dept. Adopted. Yeas - 4 Nays - 0 C.F. No. 273454. Resolution authorizing a Lease Agreement with Crosby American Properties, Inc. for property in the vicinity of Municipal Stadium. Adopted. Yeas - 4 Nays - 0 C.F. No. 273455. Resolution authorizing an application to the State of Minnesota for conveyance of certain tax forfeited lands described as Lots 12 and 13, Block 5 of Marshall's Division of College Place. Adopted. Yeas - 4 Nays - 0 C.F. No. 273456. Resolution granting license to Martin Auto Livery, Inc. to operate four motor vehicles as auto liveries within the City of St. Paul. Adopted. Yeas - 4 Nays - 0 C.E. No. 273457. Resolution granting one taxicab license to Robert Gordon dba City Wide Cab. Adopted. Yeas - 4 Nays - 0 It was noted that a Planning Commission Staff person had contacted the District 16 Representatives and they recommend that the hearing on the District 16 Plan be held at a regular City Council Meeting in August. Councilwoman Showalter moved that a date of hearing be set for August 30th at the regular 10:00 A.M. City Council Meeting. Adopted. Yeas - 4 Nays - 0 It was noted that a date of hearing for September 4th at 7:30 P.M. had been set to consider the Gillette Hospital property matter and it is now recommended that the place of hearing be the Arlington Hills Lutheran Church. Councilwoman Showalter moved that the place of hearing be changed from the Council Chambers to the Arlington Hills Lutheran Church. Adopted. Yeas - 4 Nays - 0 After a short discussion it was agreed that a quorum is not expected at the Tuesday, August 7th, Council Meeting and Councilwoman Showalter moved that the hearings scheduled for Tuesday, August 7th, be laid over until Tuesday, August 14th. Adopted. Yeas - 4 Nays - 0 Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 J 0 U R N f D AT 10.-/7 A.M. VAJ v DK 1 Council Pr ide /t3 Copies sent to Councilmen ATTES Minutes approved by Council City Clerk. 57706. / MINUTES OF THE COUNCIL 10:00 A.M. August 7th, 1979 COUNCIL CHAFERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA No Quorum. No Meeting (Council members attended funeral of Councilwoman Rosalie Butler.) MINUTES OF THE COUNCIL 9:00 A.M. August 8th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA Present - Mr. Vice President Tedesco...I Absent - Councilmen Hunt, Levine, Maddox, Showalter, Mr. President Hozza...5 No Quorum. No Meeting. MINUTES OF THE COUNCIL 10:00 A.M. August 9th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA Present - Councilmen Hunt, Levine, Maddox ... 3 Absent - Councilmen Showalter, Tedesco, Mr. President Hozza... 3 No Quorum. No Meeting. 57707 MINUTES OF THE COUNCIL 10:00 A.M. August 14th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Maddox, Showalter, Tedesco, President Hozza...5 Absent - Councilman Levine...1 Approval of Minutes of City Council Meetings of July 17, 189 19, 24, and July 259 1979. Councilman Tedesco moved thattheeas minutes be approved. Nays 0 Adopted. Appeal of John Finley to a decision of the Board of Zoning Appeals and Planning Commission concerning a special condition use permit issued to Alternative Homes, Inc. at the north east corner of Albemarle and Maryland. Councilman Tedesco suggested a thirty day continuance and Councilman Maddox said he would support the request for a continuance but would like clarification on voting procedures. estion is whether a thirty day lay over is an unreasonable Councilman Hozza said the qu delay. Councilman Tedesco moved that the matter be continued for thirty days. Councilman Hozza asked if a thirty day lay over is an unreasonable delay and Mr. Martin of the City Attorney's Office said that is a fact question but he thinks under the circumstances with a vacancy on the Council they think they can defend a thirty day delay. Councilman Hozza said he will not support the motion and he said the Council has bent over backwards on this matter already. Councilwoman Hunt referred to her previous vote on reconsideration and Councilman aerlozza said the matter was reconsidered and now any motion concerning this item is p p y before the City Council. Councilwoman Hunt said she would not support a delay unless the petitioner indicates it is not a hardship. Mr. Rod said they have been working on this matter since January and a delay woul work a hardship on the program. At the question of Councilman Maddox, Mr. Martin said if no action is taken the \ position of the Board of Zoning Appeals would stand. Councilwoman Showalter said she thinks a delay is unreasonable but because of the vacancy on the Council it is an unusual situation. Roll call on the motion to lay ethe as matter over for thirty ddays. Adopted. Hearing was held on the petition of Thomas and Lorraine Walden to rezone property at the southeast corner of Hewitt and Griggs. Mr. Larry Jung of the Planning Staff reviewed this matter and said the Current Planning and Zoning Committee and Planning Commission recommended approval of rezoning the property to RT -2. No one appeared. Councilman Maddox moved approval f She rezoning to RT--2. Adopted. C.F. No. 273458. FINAL ORDER. In the matter of installing a public water main on Russell St. from York Avenue to 95' south of York Avenue, under P.O. 273269. No one appeared. Councilwoman Hunt moved approval of She order. Nays - 0 Adopted. C.F. No. 273459. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for constructing the Cherokee -Ottawa Storm Sewer System, under P.O. 265572. No one appeared. Councilman Tedesco moved approval of5the resolution. - 0 Adopted. J 57708. August 14th, 1979. C.F. No. 273460. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for Summary Abatements the period of December 1, ts for 1978 thru March 31, 1979. eared resenting Ms. LaRose Tom Wyder of Legal Assistance of Ramsey County app representing at 54 W. Sycamore and he reviewed the case of the unsanitary condition on the lie property and the subequent ortivesserviceslfor Ms.ean up bLaRosecandy the ity•also as rehabilitation grantid they have obtaineaande necessary Suppp he urged that the $570 assessment be waived. Mr. Davis from Maplewood appeared in support of the request to waive the assessment and said he thinks the LaRose property is not in bad condition and the assessment is unreasonable. Mr. Staffenson of the Housing Code Division reviewed the case, circulated pictures, and explained their attempts to relocate the individual. Councilman Hozza said he thinks the Council could consider a reduction as a hardship and Councilman Tedesco moved that the assessment be reduced from $570 to $400 and that amount be deferred until the property is sold.- 0 Adopted. Yeas - 5 Nays No one else appeared on the resolution. Councilman Maddox moved approval of the resolution as amended. Adopted. Yeas - 5 Nays - 0 C.F. No. 273461. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for Boarding -Up and Demolition for the period of December 1, 1978 thru March 31, 1979. No one appeared. Councilman Maddox moved approval of the resolution. Yeas - 51 Nays - 0 Adopted. Resolution ordering the correction or wrecking and removal of a structure at 890 Iglehart. Mr. Strohkirch of the Housing Code Division appeared and said yesterday the property was sold and the owner is out of town but has started to remodel it and he suggested that the matter be laid over for two weeks. Councilwoman Showalter moved that the! matter be continued for two we to Auguste_ Adopted. Yeas - `i Nays - 0 Appeal of M. E. Evenson to a Summary Abatement Order of the Housing Code Division affecting property at 677 York Avenue. sing Code Division appeared and said the matter has been Mr. Strohkirch of the Hou Showalter moved thatthet the matter be laid over indefinitely. Yeas - disposed of and Councilwoman Adopted. C.F. No. 273462. FINAL ORDIIt• In the matter of acquiring Lot 8, Black 1, Kaufhold's Addition except the east 150 feet of the north 62 feet for a storm water ponding area, under P.O. 273265. water problems Mr. Schultz, 1918 E. Maryland said he has lems and he thinks additional apartments would create more problems. He also expressed concern about a ditch which is creating a problem for him and he was informed by the Public Works Staff that the ditch will be filled in when the property is acquired. n. Councilman Maddox moved approval of the resolutioNays - 0 Abstention - 1 (Tedesco) Adopted. C.F. No. 273463. FINAL ORDER- In the matter of grading and paving Doswell Ave. from Berry St. to Trunk Highway #280, under P.O. 273267. (See adoption and discussion below) C.F. No. 273464. FINAL ORDER. In the matter of condemning an easement for slopes, cuts and fills in connection ry St. to Trunk Highway 4F280, with the grading and paving of Doswell Avenue from Ber under P.O. 273268. James Bettenburg, Attorney representing the Costello Corporation, said he feels they will derive no benefit from the improvement and don't want it and he objected to the assessment formula proposed by the Valuation Engineer and he urged that the orders be referred back to the Public Works Committee for further consideration. Councilman Maddox said the Public Works Committee heard the matter and asked the Public Works Department to work out the best agreement possible. A report of the rthe assessme ovaltofnthe the subject toineer was read then recommendation oftthedValuati.onan Maddox moved app Engineer on the assessments. lityort of the improvement. Mr. Firestone, Attorney representincuMetals, spoke in support Roll call on the motion to approve eas - 5heordersNays - 0 Adopted. 57709 j 111 August 14th, 1979. Hearing was held on the improvement consisting of grading and paving, constructing curb and gutter, and constructing storm water drainage facilities on Field Avenue from Prior Avenue to approximately 230 feet east and constructing sanitary sewer on Field Avenue. It was noted that the purpose of this hearing is because the bids have come in more than 10 percent higher than the estimates outlined at the public hearing on the final order. No one appeared. Councilman Maddox moved that the city proceed with the improvements. Adopted. Yeas - 5 Nays - 0 Hearing on the improvement consisting of grading and paving the north -south alley in Block 2, Como Addition. It was noted that the purpose of this hearing is because the bids came in over 10 percent higher than the estimates outlined at the public hearing on the final order. A man at 971 Como Boulevard questioned the affect of the improvement on his garage and Mr. Eggum said the alley is being constructed to avoid the garage and an assessment is proposed against the property. eared Mr. Pearson, 977 E. Como Boulevard and Mrs. Schaffer, 963 Como Boulevard, app in support of the improvement because of the increased traffic on E. Como Boulevard. Councilwoman Showalter moved Ythat eas the City proceed with the improvement. Adopted. C.F. No. 273335. FINAL ADOPTION. ORD. NO. 16552. An ordinance amending Chapter 6 of the Administrative Code entitled Dept. of Public Works" and providing for its reorganization. Adopted. Yeas - 5 Nays - 0 C.E. NA 273377. FINAL ADOPTION. ORD. No. 16553. An ordinance granting permissior. to Flintkote Co. to construct and maintain a communication cable across E.7th Sts at 1120 E. Seventh Nays - St. Adopted. Yeas Councilwoman Hunt moved that the rules be suspended pertaining to the order of business and to consider items alt-ot oe the agenda. Nays - 0 Adopted. Mr. Peter Hames, representing the Mayor, appeared and submitted the Mayor's Proposed \ Budget for 1980. Councilwoman Hunt said the extent of cooperation between the Mayor's Office and the Council staff was very good this year and she suggested a discussion on the Council's role and suggested adoption of the tentative schedule of Finance Committee Meetings with the City Council Public Hearing to be scheduled on September 20th at 7:00 P.M. Councilman Maddox left the meeting at this point and returned later in the meeting. Councilwoman Hunt moved adoption of the proposed budget timetable. Adopted. Yeas - 4 Nays - 0 C.F. No. 273465. Resolution adopting the "Early Notification Policy". (Recommended for approval y the Legislation Committee) Lynn McDaniel said she appears as a member of the Tenants Union and they are to the asking that notification be extended to tenants of buildings where an app Board of Appeals is involved. s received a resolution from the Tenants Union on this Councilman liozza said he ha matter and he suggested it be referred to the City Attorney for drafting f the proper resolution. Councilman Tedesco so moved. Yeas - 4 Nays - 0 Adopted. erson to person Mr. Cockriel of the License Division said under this proposal and Ms. Kristofferson transfers of licenses would take up to eighty days to p said they are not asking for any additional notice that is not already given. Councilman Maddox returned to the meeting at this point. Councilman Hozza suggested that the resolution be adopted as proposed and that Ms. Kristofferson and Mr. Carchedi work together on possible modification. Roll call on the resolution. Yeas - 5 Nays - 0 Adopted. 57710. August 14th, 1979. C.F. No. 273466. Resolution granting the petition of Richard J. Paradise, et al, for the vacation of part of Fulton St. A report of the Valuation Engineer was read recommending that the compensation originally proposed as $7,965 be changed to $5,925. Mr. Schaffer appeared and expressed dissatisfaction with the method of determining the compensation and said he feels the Valuation Engineer started with the wrong base. Councilwoman Hunt moved approval of the recommendation of the Valuation Engineer for a change in compensation. Yeas - 5 Nays - 0 Adopted. Roll call on the resolution as amended. Adopted. Yeas - 5 Nays - 0 C.F. No. 273467. Resolution adopting the District 2 Plan. Adopted. Yeas - 5 Nays - 0 C.F. No. 273468. Resolution concurring in the appointment by the Mayor of Councilman David Hozza as a member of the Port Authority to fill the unexpired term of Rosalie Butler which term expires July 31, 1981. Adopted. Yeas - 5 Nays - 0 Letter of West End Business Professional Association complaining of lack of rehabilitation efforts to Brooks' property formerly located on Banfil St. now on W. Seventh St. between Goodhue and Superior Streets. Mr. Ford of the PID Staff said one of the problems involving this property has been solved but now they are faced with another problem and propose to pursue the matter legally. Councilman Tedesco moved that the letter be referred to the HRA Staff. Adopted. Yeas - 5 Nays - 0 C.F. No. 272986. FINAL ADOPTION. An ordinance amending Chapter 438 of the Legislative Code pertaining to unlawful display to minors of indecent publications, pictures or articles. Councilman Maddox said he was with the understanding that this ordinance and the following ordinance were amended the last time they were before the City Council and he moved that the two ordinances be placed on tomorrows agenda. Councilwoman Hunt moved that this ordinance and the following ordinance be amended to include the sunset clause. After some discussion Councilman Maddox withdrew his motion and Councilwoman Hunt moved approval of the amendment to both ordinances. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt moved that this ordinance and the following ordinance be laid over for three weeks to September 4th for Final Adoption. Adopted. Yeas - 5 Nays - 0 C.F. No. 272986. FINAL ADOPTION. An ordinance amending Chapter 475 of the Legislative Code pertaining to unlawful dissemination of materials which are harmful to minors. Amended by previous motion and laid over to September 4th, 1979 for Final Adoption. C.F. No. 273416. SECOND READING. An ordinance amending Chapter 108 of the Legislative Code pertaining to truck and wagon scales and registration of weighers and repealing Chapter 109 entitled "Weights and Measures, City Sealer". Laid over to August 16th for Third Reading. C.F. No. 273417. SECOND READING. An ordinance amending Chapter 147.12 of the Legislative Code entitled "Interference with Use of Meters". (Increases fees for parking meters closed due to building construction, etc.) Laid over to August 16th for _Third Reading. C.F. No. 273439. SECOND READING. An ordinance amending Section 74.13(F) of the St. Paul Legislative Code by providing for punitive damages for violations of Chapter 74. Laid over to August 16th for Third Reading. C.E. No. 273469. FIRST READING. An ordinance granting permission to Omni Development, Inc. to construct, operate, and maintain ornamental street lights and conduit in right-of-ways of Grand Ave. and St. Albans St., subject to terms and conditions. Laid over to August 21st for Second Reading. 57711 August 14th, 1979. C.F. No. 273470. FIRST READING. An ordinance amending Ordinance #13537 pertaining to Truck Routes and deleting parts as listed.of Mississippi and Arkwri.ght Streets and of Jessamine Ave. Laid over to August 21st for Second Reading_._ C.F. No. 273471. FIRST READING. An ordinance amending Chapter 60 of the zoning code in rezoning property located on the north side of Jenks between Westminster and Arkwright, alta Lots 35 thru 37, Block 1, Cooper's Addition.. Laid over to August 21st for SecondReading. C.F. No. 273472. FIRST READING. An ordinance amending Chapter 60 of the zoning code in rezoning property located on the east side of Kennard between Burns and Suburban, aka part of Lot 11, Block 1, Target -East St. Paul Addn. Laid over to August 21st for Second Reading. Claim of American Family Insurance Group, 6131 Blue Circle Dr., Minneapolis, Minnesota, filed on August 3, 1979, was read. Referred to the City Attorney's Office. Claim of Joyce Kennedy, 194 N. McCarons Blvd., Roseville, Minnesota, filed on August 1, 1979, was read. Referred to the City Attorney's Office. Claim of Reuben Neal, 894 Iglehart Ave., St. Paul, Minnesota, filed on August 1, 1979, was read. Referred to the City Attorney's Office. Claim of Florence Nordstrom by Attorney L. Chas. Peterson, 871 E. Seventh St., St. Paul, Minnesota, filed on August 1, 1979, was read. Referred to the City Attorney's Office. Claim of Odell Robinson, 175 Biglow, St. Paul, Minnesota, filed on August 1, 1979, was read. Referred to the City Attorney's Office. Claim of Royden E. Tull, 144 W. Robie, St. Paul, Minnesota, filed on August 6, 1979, was read. Referred to the City Attorney's Office. Order No. 63078 of the State Commissioner of Transportation releasing a Haul Road designation in connection with Trunk Highway No. 3. Referred to the Public Works Department. Letter of the Valuation Engineer reporting that the petition of the City for the vacation of the south !I of vacated alley adjoining and Lots 7 and 8, Block 3, Brunson's Addition to town of St. Paul is in proper form and signed by the requisite number of property owners. Filed. Letter of the Valuation Engineer reporting that the petition of Darrell P. Butler to vacate part of Mystic St. is in proper form and signed by the requisite number of property owners. Filed. Letter of the Valuation Engineer recommending that the Council set a date of hearing for September 4, 1979, to consider the petition of Donald and Margery Turek to vacate part of Magoffin lying between Railroad right-of-way and Colette Place. Councilwoman Showalter moved approval of the recommendation. Adopted. Yeas - 5 Nays - 0 Letter of the Valuation Engineer recommending that the Council set a date of hearing for September 4, 1979 to consider the petition of Shepard Park Development for the vacation of Springfield Street. Councilwoman Showalter moved approval of the recommendation. Adopted. Yeas - 5 Letter of the Ramsey -Washington Metro Watershed District transmitting the Engineers Feasibility Report for Improvements along Battle Creek. Filed. 57712. August 14th, 1979. Letter of Mayor Latimer submitting North --End District 6 Plan. Councilwoman Hunt moved that a date of hearing be set for September 10th, 1979 at 7:00 P.M. at Washington Jr. High School. Adopted. Yeas - 5 Nays - 0 Administrative Orders; D 4995 - Addition of $1,860.00 to contract for Seventh Place Phase I Improvements. D 4996 - Authorization to proceed with property acquisition for South of Front Acquisition Phase III in North End District 6. D 4997 - Approval of temporary appointments between August 3 and August 17 within the Finance Dept. in the absence of the Director and others. D 4998 - Extending time of completion for contract of Irvine Park Retaining Wall, District 419. for the contract allowing construction of the D 4999 - Addition of $1,375.96 Orchard Recreation Center. D 5000 - Addition of $10,770.50 for City Hall Annex Phase I. D 5001 - Approval of Workers' Compensation to Mark Long, employee of the Dept. of Fire and Safety Services. D 5002 - Approval of Workers' Compensation to David Abrahamson, employee of the Dept. of Fire and Safety Services. D 5003 - Approval of Workers' Compensation to James Tucker, employee of Dept. of Fire and Safety Services. D 5004 - Extending time for completion on contract known as Warner Rd. and Childs Road Interchange. D 5005 - Extending time of completion for contract known as Storm Water Ponding Areas; Hyacinth -Westminster Pond "A" and Arlington-Arkwright Pond "B". D 5006 - Extending time of completion for contract known as Westminster Street from Maryland Ave. to Larpenteur Ave. 0 mile r hour D 5007 - fromo150efeet msouth ofoval of 2Magnolia eAve. tos150dfeet enorth tofnJesrcade t Authrizs samineAve. C.F. No. 273473. y Plan and Rates of Compensation resolution by Resolution amending the Salar inserting new hourly schedule for Parking Lot Guard (Schools) in Section II B. (Second Reading and Adoption; recommended for approval by Finance Committee) Adopted. Yeas - 5 Nays - 0 C.F. No. 273474. Resolution amending terms and conditions of the 1978-1979 Maintenance Labor f St. Paul and I.S.D. 41625 and tTMetal Workers Agreements between the City oecommendedforapproval International Assn. Local 76. (Second Reading and Adoption; by Finance Committee) Yeas - 5 Nays - 0 Adopted. C.F. No. 273475. Resolution amending the Civil Service Rules by inserting the title Accounting Technician I -Renewal in Section 3.L, Grade 30, Technical Group AND amending Section 32 by applying the present specifications for the title Accounting Technician I to transfer employee from the St. Paul H.R.A. in the position nd f Accounting Technician I -Renewal. (Second Reading and Adoption; for approval by Finance Committee. Adopted. Yeas - 5 Nays - 0 C.F. No. 273476. Resolution amending the Civil Service Rules by striking the title Disbursement Auditing Supervisor from Section 3.B, Grade 38, Clerical Group and inserting the title in Grade 36 AND amending Section 32 by striking the present specifications for the title Disbursement Auditing Supervisor and substituting in lieu thereof new specifications. (Second Reading and Adoption; recommended for approval by Finance Committee) Yeas - 5 Nays - 0 Adopted. C.F. No.273477. Resolution amending the Civil Service Rules by striking the title Project Manager Assistant from Section 3.J, Grade 7, Professional/Administrative Non -Supervisors Group and substituting in lieu thereof the title Project Manager I AND amending Section 32 by striking the specifications for the title Project Manager Assistant and inserting in lieu thereof the specifications for the title Project Manager I. (Second -Reading and Adoption; YFinance Committee reccommendds approval). Adopted. 57713.'/ August 14th, 1979. C.F. No. 273478. resent specifications Resolution amending the Civil Service Rules by striking the p P and substituting new specifications in Section 32 for the title Project Manager IV. (Second Reading and Adoption; Y recommended for approval Nays by FFinance committee) Adopted. C.F. No. 273479. Resolution amending the Civil Service Rules by inserting the title Project Manager II in Grade 10 and Project Manager III in Grade 16 of Section 3.J, Professional - Administrative Non -Supervisors Group AND amending Section 32 by inserting their specifications. (Second Reading and Adoption; recommended for approval by Finance Committee) Yeas - 5 Nays - 0 Adopted. C.F. No. 273480. Resolution amending the Civil Service Rules by striking the title Substitute Library Technician from Section 3.M, Special Employment Group and substituting in lieu thereof the title Substitute Library Specialist AND amending Section 32 by the striking of specifications for the title Substitute Library Specialist. (Second Reading and Adoption; Y recas ommended for approval -by Finance Committee) Adopted. C.F. No. 273481. Resolution amending the Civil Service Rules by inserting the title Zoning Specialist in Section 3.J, Grade 14, Professional -Administrative Non -Supervisors Group AND inserting its specifications in Section 32. (Second Reading and Adoption; recommended for approval by Finance Committee) Nays - 0 Adopted. C.F. No. 273482. Resolution approving designation by the Mayor of Peter G. Hames to serve as acting Mayor for the period from August 13 to August19th0. Adopted. Yeas - 5 Nays -C.F. No. 273483. applications of the HRA for abatement and cancellation Resolution approving the app enation of assessments for property described in Dept. of Property Taxation App 495869 and 495888. Yeas - 5 Nays - 0 Adopted. C.F. No. 273484.\ y at 613 Van Buren Ave. to the HRA for disposition. Resolution conveying propert Yeas - 5 Nays - 0 Adopted. C.F. No. 273485. Resolution releasing a temporary construction easement acquired for the Stella Street storm sewer by C.F. 271751.5 Nays - 0 Adopted. Yeas - C.E. No. 273486. Resolution authorizing an agreement with the State Commissioner of Transportation wherein the State Commissioner of Transportation would act as the City's agent in obtaining Federal Aid for acquisition of land for the City's Great River Road Project. yeas - 5 Nays - 0 Adopted. C.F. No. 273487. Resolution granting permission to Joseph E. and Cheryl Zacharias, 790 McKnight Rd., to make a sanitary sewer connection to the City of St. Paul's sewer in McKnight Road. Yeas - 5 Nays - 0 Adopted. C.F. No. 273488.ro property known as the Resolution authorizing acceptance of a deed transferring p P Y Capitol Centre Plaza from the HRA to the City of St. Paul. Adopted. Yeas - 5 Nays - 0 C.F. No. 273489.Block 3 Resolution reconveying tax forfeited property described as Lot 9, Brunson's Addn. back to the State ofCMinnesota. Nays - 0 Adopted. Yeas - 57714." August 14th, 1979. C.F. No. 273490. Resolution Approving Assessment and award of damages in condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 1, Auerbach and Hands Addn. AND setting date of public hearing for Sept. 4, 1979. (P.O. 273004) Adopted._ Yeas - 5 Nays - 0 C.E. No. 273491. Resolution Approving Assessment and approving award of damages in condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and surfacing of Hawthorne Ave. from Westminster to Arkaright Streets AND setting date of public hearing for Sept. 4, 1979. (P.O. 272582) Adopted. Yeas - 5 Nays - 0 C.E. No. 273492. Resolution Approving Assessment and Award of Damages in the opening, widening and extending Gabriel Rd. by taking an easement for street purposes on property as listed AND setting date of public hearing for Sept. 4, 1979. (P.O. 272905) Adopted. Yeas - 5 Nays - 0 C.E. No. 273493. Resolution Approving Assessment and Award of Damages in the taking of an easement for land necessary for slopes, cuts and fills occasioned by the grading and surfacing of California Ave. from Payne Ave. to Parkway Dr. AND setting date of public hearing for Sept. 4, 1979. (P.O. 272871) Adopted. Yeas - 5 Nays - 0 C.F. No. 273494. er of Grocery and other licenses from Michael Kadrie Resolution granting the transf at 46 E. Fourth St. to Jerry Moore at the same address. Adopted. Yeas - 5 Nays - 0 C.E. No. 273495. Resolution granting licenses to Robert Gordon. dba City Wide Cab Co. to operate one taxicab. Adopted. Yeas - 5 Nays - 0 C.F. No. 273496. Resolution granting Bingo Game license to Church of St. Bernard. Adopted. Yeas - 5 Nays - 0 C.F. No. 273497. Z Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273498. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273499. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273500. Resolution granting various licenses to persons as listed. Adopted. Yeas- 5 Nays - 0 C.F. No. 273501. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273502. Resolution granting Scrap Metal Processor License to Quality Metals, Inc. Adopted. Yeas - 5 Nays - 0 C.F. No. 273503. Resolution granting Temporary On Sale Malt Beverage Licenses to organizations as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273504. Resolution granting Temporary On Sale Malt Beverage Licenses to organizations as listed. Adopted. Yeas - 5 Nays - 0 57715: \' August 14th, 1979. C.F. No. 273505. ing Building Contractor licenses Nayspersons as listed - Resolution grant Yeas - 5 C.F. No. 273506. Contractor licenses to persons as listed. Resolution granting Building Yeas - 5 Nays - 0 Adopted. C.F. No. 273507. Resolution authorizing Council to members thesBoardgofsDire�ctorsoofrSt fPaul City Wide the Port Authority ofthe Development Company. yeas - 5 Nays - 0 Adopted. C.F. No. 273508. lication of the St. Paul Heritage Resolution supporting the joint grant app Preservation Commission and Ramsey County Historical Society for Funds to conduct a community -wide survey of historic sites in the City Nays ofOSt. Paul & Ramsey County. Adopted. Yeas - 5 C.F. No. 273509. ym p roving payment of $14,300 to Earl P. Gray for legal assistance Resolution app a provided Mr. Jos. Carchedi. Yeas - 5 Nays - 0 Adopted. C.F. No. 273510.eReview with Resolution approving actions of the St. Paul Board of Appeals and and regard to property at 614 Dayton (Stephen J. Barthold, App Adopted. Yeas - 5 Nays C.F. No. 273511. Appeals and Review with Resolution approving actions of the St. Paul Board of App appellant) and regard to property at 448-450 Stryker (Mildred R. Grunau, 360 No. Robert (Empire Building Corporation). Nays - 0 Adopted. C.F. No. 273512. Resolution approving procedures for filling of a vacancy ro elective lectiriate a office and Councilwoman Hunt said the gestedlaspublicdiscuss hearingthe at 7:00 P.M. on Wednesday, Council President aHozza vote suggested August 30th, at the regular Council Meeting August 29th, with a vote on Thursday, g and with the last day for filing applications to be the end of the business day on August 24th. will amend he resolution in accordance with this schedule. Councilwoman Hunt said she Roll call on the resolution as amended. Yeas - 5 Nays - 0 erk be authorized toprep Adopted. are and publish Councilwoman Hunt moved that the City Cl the proper public notice. Yeas - 5 Nays - 0 Adopted. C.F. No. 273513. Resolution approving designation of Civil Service Commission for determining f. eligible persons for appointment to the office of police chithe applicants to Councilman Maddox said hstill forcecandeheealsoothinkslalmember of the committee ng members of the present police should have police background. Councilwoman Hunt said she understands the Council cannot tell the body appointed ointed how to proceed. Thurs Councilman Mbeder that da discussiontwith the City At orney on what the resolution be laid over odirectionsay lcan rbe given then to the Civil Service Commission. ested that the resolution be amended After further discussion Councilman Hozza sugg to provide that the consultants se vice Commission be re( n the examination of candidatesquested to retain tside professional ist law Councilwoman suggested. Councilwoman Hunt said she will amend her resolution as sugg Roll call on the resolution as amended. Nays - 0 Adopted. C.F. No. 273514. Resolution approving the issuance of $ 000 Port Authority Revenue Bonds for 550, financing of the construction of an office and distribution facility for Scanlan International, Inc. Yeas - 5 Nays - 0 Adopted. C.F. No. 273515. Resolution authorizing the issuance of $415,000 Port Authority Revenue Bonds for financing the construction of a manufacturing addition to the Rood Tool Co. Facility. Adopted. Yeas - 5 Nays - 0 C.F. No. 273516. Resolution amending the contract with the City of St. Paul and the County of Ramsey whereby the City will provide the County with laboratory services. Adopted. Yeas - 5 Nays - 0 C.F. No. 273517. Resolution approving the general format and content of Minnesota Mutual Life Insurance Company's proposed development of property known as Block C and bounded by Jackson and Robert and Sixth and Seventh Streets. Adopted. Yeas - 5 Nays - 0 C.E. No. 273518. Resolution requesting the State Commissioner of Transportation to install appropriate signs to "Gannon Road" on T.H. #5 west of the Fort Snelling interchange. Adopted. Yeas - 5 Nays - 0 C.F. No. 273519. Resolution approving the conveyance of the following tax forfeited lands, Lot 3, Block 2, Mackubin and Marshall Addn., part of Lot 3, Block 61, Irvines Enlargement of Rice and Irvines Addn. to the town of St. Paul, Lot 9, Block 3, Brunson's Addn. to the HRA. Adopted. Yeas - 5 Nays - 0 C.F. No. 273520. Resolution approving payment of $3,009.64 to Leonard Wegwerty and St. Paul Fire and Marine Insurance Co. and $1,693.60 to Mister Donut from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 5 Nays - 0 C.F. No. 273521. Resolution approving payment of $230.00 to James P. Jesse, Sr., $973.11 to William Stone, $93.00 to Mrs. Genevieve Donch and $18.77 to Raymond J. Simek from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 5 Nays - 0 C.F. No. 273522. Resolution granting the petition of the HRA for the vacation of parts of Winifred, Clinton, Robie and Greenwood Streets. Adopted. Yeas - 5 Nays - 0 C.F. No. 273523. Resolution granting the petition of James P. Snavely for the vacation of a portion of Wheeler St. near Morgan Ave. Nays - 0 Adopted. Yeas - 5 C.E. No. 273524. Resolution granting the petition of the St. Paul Jewish Center and the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. for the vacation of a part of Wheeler St. Adopted. Yeas - 5 Nays - 0 C.F. No. 273525. Resolution designating the week of August 18-24, 1979, as International Typographical Union Week in St. Paul. Nays - 0 Adopted. Yeas - 5 Councilwoman Showalter moved that the ting be adjoNaysurneed. Adopted. Yeas - 5 I�J n 0 U R JE D1 T'1 :30 P.M. Counci i t. Copies sent to Councilme a /% Minutes approved by Council 9/�/� J 57717. MINUTES OF THE COUNCIL 9:00 A.M. August 15th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza... 6 Absent - No one. Application for an On Sale Wine and an On Sale Malt Beverage License by Luka, Inc. at 777 Grand Avenue. (This matter was laid over from August 8, 1979. Luka and Mary Vidovic notified to attend). The following resolution was submitted. C.F. No. 273526. Resolution granting On Sale Wine License, Restaurant, On Sale Malt Beverage and Cigarette licenses to Luka, Inc. at 777 Grand Avenue.- 0 Adopted. Yeas - 6 Nays Application by Mangini, Inc. 1345 E. Rose Avenue, On Sale Liquor Licensee, to increase the area (patio) for the service of liquor. (Richard A. Mangini notified to attend). The following resolution was submitted. C.F. No. 273527. Resolution granting application for change in the area for the service of liquor to Mangini, Inc., On Sale Liquor License at 1345 E. Rose Avenue. Adopted. Yeas - 6 Nays - 0 Application by Cusick's, Inc., doing business as Reaney's Bar at 816 Payne Avenue to increase the area (patio) for the service of liquor. (Michael J. Reaney, Jr. notified to attend). The following resolution was submitted. C.F. No. 273528. Resolution granting application for change in the area for the service of liquor of Cusick's, Inc., On Sale Liquor License at 816 Payne Avenue. Adopted. Yeas - 6 Nays - 0 Bingo Application - Guadalupe Youth Council, 459 Wabasha Street, 51 periods. (Rev. Raymond G. Mounsour, Pastor and Marie L. Snyder, Manager, notified to attend). The following resolution was submitted. C.F. No. 273529. ame license to Guadalupe Youth Council at 459 Wabasha St. Resolution granting Bingo G Yeas - 6 Nays - 0 Adopted. Application for the transfer of the Off Sale Liquor License issued to Behrens Liquor Store, Inc., at 472 N. Lexington Avenue to Pep Liquors, Inc., at the same address. (James L. and Pauline E. Phelps notified to attend). The following resolution was submitted. C.F. No. 273530. Resolution granting transfer of Off Sale Liquor License, Class D -Original Container, Off Sale Malt Beverage and Cigarette Licenses from Behrens Liquor Store, Inc. at 472 No. Lexington to Pep Liquors, Inc. at the same address. Adopted. Yeas - 6 Nays - 0 Application for an On Sale Malt Beverage and Cigarette Licenses to Bernie's, Inc. rah Horowitz notified to attend). at 415 N. Wabasha Street. (Allan and Debo The following resolution was submitted. C.F. No. 273531. Resolution granting On Sale Malt Beverage License and Cigarette license to Bernie's, Inc. at 415 No. Wabasha St. Adopted. Yeas - 6 Nays - 0 August 15th, 1979. 57718 Request by the Criterion Restaurant, Inc. that a date, October 10, 1979, be set for a public hearing on their application for the transfer of the On Sale Liquor, Class C2 -Restaurant and Tavern Licenses issued to them at 739 University to 857 Grand Avenue. They also make application for Sunday On Sale Liquor License. (No one notified to attend). A representative of the District 16 Planning Council urged that the applicant attend their September 13th District Council Meeting and inform them of the plans. It was agreed that the applicant should be invited by the License Inspector to attend the District Council Meeting as requested. Councilman Levine moved that a date of hearing be set for October 10, 1979. Adopted. Yeas - 6 Nays - 0 Public Hearing on the application for Class A2 -Grocery and Burcher License and Class Cl -Restaurant License by David R. Cossetta at 226 Ryan Avenue. (Recommended for denial by the Division of License and Permit Administration). Mr. Garvey, Assistant City Attorney, said since the last inspection by the Health Department the applicant has taken certain steps to correct the situation and he recommended that the matter be continued for two weeks. Councilman Levine moved that the matter be continued for two weeks to August 29th. Adopted. Yeas - 6 Nays - 0 Councilman Maddox asked about the status of the liquor investigation and Councilman Hozza said he has been trying to contact the Ramsey County Bar Association Committee that is working on this matter and will inform the Council when he is in receipt of their letter of recommendation. Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 Copies sent to Councilmen Minutes approved by Council 57719-1 MINUTES OF THE COUNCIL 10:00 A.M. August 16th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Hunt, Maddox, Showalter, Tedesco, President Hozza...5 Absent - Councilman Levine...1 Hearing of proposed property acquisition of properties as listed in South of Front Redevelopment Area, Community Development Program District 6. An unidentified lady said.she is appearing on behalf of Dorothy Preston and noted that Ms. Preston has just received a $5,000 grant to acquire the home but has received a notification for this hearing which is to confirm acquisitions by the HRA. Mr. Ken Gauthier, Program Manager for the South of Front Redevelopment Area, said he had talked to Dorothy Preston and her property is.located south of the area under consideration. No one else appeared. Councilman Maddox moved that the City Attorney prepare a resolution authorizing acquisition of the properties listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273532. Hearing and resolution ordering the correction or wrecking and removal of a building at 506 S. Smith. Mr. Tom Strohkirch of the Housing Code Enforcement Office said the property is a / gas station but has been severely damaged by a fire and since that time it has been boarded up. He said the awning is hanging loose and there are parts of the building that could fall over. He noted there had been repeated break ins and continual complaints from the neighbors about the site. Mr. Strohkirch said there are indications the Highway Department will be buying the building. Mr. Gerald Bell, 1712 Rosewood South, said he is owner of the building and began to restore it but then got into a conflict with the Highway Department. Mr. Bell said he would like a postponement for sixty days until some determination from the Highway Department on their plans is forthcoming. Councilwoman Hunt said she does not think it is fair to impose this kind of situation on the neighborhood. She said she can see no reason for a delay and said the Council should proceed with the matter. Council President Hozza asked if the Building Departments concern now is the hanging awning. Mr. Strohkirch said that is an immediate concern but the building itself is a dangerous situation. Mr. Bell responded to a question from Councilman Tedesco and said he would take down the awning immediately. Council President Hozza said he agrees with Councilwoman Hunt. He said he is familiar with the building and given the history of the building he thinks the Council should proceed. Council President Hozza gave the history of the license difficulties in the past and said not only is the building a hazard but there have been no efforts to cooperate in the licensing problems and he said were the neighborhood to know the Council might take a lenient attitude he suspects the Chambers would be packed. Mr. Bell said he does not think the license matter should be interjected. He said he leased the property and had no control in that situation. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 273533. Hearing and resolution ordering the correction or wrecking and removal of a building at 242 Edmund. Mr. Strohkirch said the building has had several fires and has been continually broke into. He said it has been boarded up on several occasions and the neighbor next door has fears of their property being broken into. Mrs. Morris of District 7 said the organization has taken a hard position on matters such as this as an indication to others that this type of situation will not be tolerated. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 57730. 16th August , 1979. Councilwoman Hunt moved that the rules be suspended.- 0 Adopted. Yeas - 5 Nays C.F. No. 273534. Resolution approving terms and conditions of a 1979 Memorandum of Agreement between the City of St. Paul and the International Association of Fire Fighters AFL-CIO Local 21, regarding the provisions of the 1979 Arbitration Award dealing with wages and residency; employment for the period January 1 thru December 31, 1979. Mr. Edward Starr, City Attorney, said the customary two readings are not necessary in this instance inasmuch as it is with the Arbitration Award. Councilwoman Hunt moved approval of the resolution. Adopted.. Yeas - 5 Nays - 0 C.E. No. 273416. THIRD READING. An ordinance amending Chapter 108 of the Legislative Code pertaining to truck and wagon scales and registration of weighers and repealing Chapter 109 entitled "Weights and Measures, City Sealer". Laid over to August 23rd for Final Adoption. C.F. No. 273417. THIRD READING. An ordinance amending Chapter 147.12 of the Legislative Code entitled "Interference with Use of Meters". (Increases fees for parking meters closed due to building construction, etc.) Laid over to August 23rd for Final Adoption. C.F. No. 273439. THIRD READING. An ordinance amending Section 74.13(F) of the St. Paul Legislative Code by providing for punitive damages for violations of Chapter 74. Laid over to August 23rd for Final Adoption. / C.F. No. 273535. Resolution approving the Central Business District Parking Policy Plan as an amendment to the Comprehensive Plan. (Letter of Chairman of City Development & Transportation Committee recommends approval). Nays - 0 Adopted. Yeas - 5 Claim of Dorothy M. Dansky, 66 W. Geranium, St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Glenn Johnson, 1732 Hewitt Ave., St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Elena Johnson by Attorney Dan K. Nelson, 871 E. 7th Street, St. Paul, Minnesota, filed on August 13, 1979, was read. Referred to the City Attorney's Office. Claim of Mark Kubes by Attorney A. Keith Hanzel, 614 Degree of Honor Bldg., St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of David King, 22 O'Day St., St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Marvin Kloetzke, 2415 Lisbon Avenue No., Lake Elmo, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Steven L. Mattson by Attorney A. G. Christoffersen, 1209 Geneva Avenue No., St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of D. Patrick McCullough, 905 Parkway Drive, St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Carolyn Meyer by Attorney Brian T. Carlson, 1910 Northwestern Financial Center, Minneapolis, Minnesota, filed on August 3, 1979, was read. Referred to the City Attorney's Office. J 57721. \August 16th, 1979. Claim of Lawrence Pennington, 1138 E. Cook Avenue, St. Paul, Minnesota, filed on August 9, 1979, was read. Referred to the City Attorney's Office. Claim of Jon Seibold, 624 S. Lexington Parkway, St. Paul, Minnesota, filed on August 6, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Even Jenkins versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Summit Court, Inc. and Commercial Union Insurance Co. versus Northern States Power Co. and the City of St. Paul. Referred to the City Attorney. Report from Edward P. Starr, City Attorney, regarding the claim of Como Community Council, C.D. District 10, for legal fees involved in preparation of a petition for an environmental impact statement on the proposed redevelopment and improvement of Como Zoo. Councilwoman Hunt moved that the City Attorney be requested to draft a resolution outlining a policy regarding payment of legal fees for city employees. Councilman Maddox suggested that the City Attorney also look into the possibility of what kind of insurance can be afforded city employees incase of suits. Councilman Maddox's suggestion was incorporated into Councilwoman Hunt's motion. Roll call on the motion. / Adopted. Yeas - 5 Nays - 0 Letter of the Independent School District #625 concerning residency requirement conflict that now exists between the City and the School District. Councilwoman Hunt said she would like to have the School Board employees exempt from the city requirements and thinks the matter should have an answer. Councilman Maddox said he thinks the employees of the School District should be treated the same as other employees. Councilman Maddox moved the Independent School District 41625 request be denied. The letter was ordered referred to the Finance Committee. Petition to rezone property at 497-499 Mackubin aka parts of Block 1, Michel's Subdivision, Block 14, Stinson's Division. Referred to the Finance Department. Letter of the Director of the Finance & Management Services Dept. reporting that the petition to rezone property north of Hudson Road described as Lots 14 thru 16, Block 57, Willius' Sub. of Block 57, Lyman Dayton's Addn. is insufficient. Lead petitioner to be notified. Letter of the Dept. of Finance and Management Services reporting that the petition to rezone Lots 8 and 9, Block 5, College Park Addn. is insufficient. Lead petitioner to be notified. Letter of the Director of the Finance and Management Services reporting that the petition to rezone Lots 1 and 2, Block 13, Dawson's Addition is sufficient. Referred to Planning. Re -Submitted petition of Poor Richards, Inc. and Richard Wybierala, to vacate parts of Whitall`, Arkwright and Clark Streets as listed. Referred to the Valuation Engineer. Letter of the Valuation Engineer reporting that the petition of the City of St. Paul for the vacation of the North 10 feet of Lot 8, J. W. Bass Garden Lots is in proper form. Letter of the Valuation Engineer reporting that the petition of Feliz Diaz and Michael Eldridge for the vacation of part of Riverview Ave. is in proper form. Letter of the Valuation Engineer reporting that the petition of James and Laura Wingate for the vacation of parts of Lots 1, 2, and 3, Block 1, Dawson's 5th Addn., and Lot 9, Block 2, Clarke's 2nd Addn. is in proper form. Letter of the Valuation Engineer reporting that the petition of Summit Court, Inc. for the vacation of part of the alley in Block 13, Woodland Park Addn. is in proper form. 57722 August 16th, 1979. Letter of the Valuation Engineer reporting that the petition of Leon G. Klein for the vacation of a part of the platted north -south alley in Block 1, Virgilia Division is in proper form. Administrative Orders: D 5008 - Extension of time of the City Hall Annex Phase I contract with Sheehy Construction Co. D 5009 - Additions of $2,004.20 for the grading and paving of Warner Rd, and Childs Road Interchange. D 5010 - Payment of $83.60 from the Workers' Compensation Account to Gerald Poole, Dept. of Public Works employee. struction of a skyway D 5011 - bridgelover St. $SPeter St. from Stfrom the ns pedestrian Deductons of Joseph's Hospital to new Gallery Bldg. contract. D 5012 - Authorization of eminent domain proceedings to secure title on property as listed in Thomas-Dale/Capitol Area District 7, Rice Marion Phase II, and in West -Seventh District 9, Country Club Market Development. bridge D 5013 - Addition of $5,197.68 for the construction of a skyway pedestrian over St. Peter St. from St. Joseph's Hospital to the new Gallery Bldg. contract. Resolution approving terms and conditions of the 1979-1980 Maintenance Labor Agreement between the City of St. Paul and the Elevator Constructors Local #9. (First Reading; employment for the period July 1, 1979 through June 30, 1980) id over to August 23rd for Second Reading and Adoption. La Resolution approving terms and conditions of the 1979-1980-1981 Maintenance Labor Agreement between the Operative Plasterers and Cement Masons rnal Assn., the Local 420 and the City of St. Paul, ISD_�1625. (First Reading; / period June 1, 1979 through May 31, 1981) Laid over to August 23rd for Second Readin- and Adoption. Resolution amending Civil Service Rules by inserting the title Solid Waste and Equipment Engineer in Section 6, Grade 20, under the heading Professional - Administrative Group AND inserting its specifications in Section 49. (First Reading; Finance Committee recommends approval) Laid over to August 23rd for Second Readirp and Adoption. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for thetitle Police Records Clerk. (First Reading; Finance Committee recommends app Laid over to Au ust 23rd for Second Readin and Adoption. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for the title Graphic Artist I. (First Reading; Finance. Committee recommends approval) Laid over to Au ust 23rd for Second Readin and Adoption. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for the city Planner titles as listed. (First Reading; Finance Committee recommends app Laid over to Au ust 23rd for Second Reading and Adoption. Resolution amending Section 20.B of the civil Service Rulestee commendsnapphe use of sick leave credits. (First Reading; Laid over to Au ust 23rd for Second Readin and Adoption. Resolution amending the Civil Service Rules by inserting Housing its Rehabilitation ons Trainee, Section 3.L, Grade 26 (Technical Group) rival) in Section 32. (First Reading; Finance Committee recommends app Laid over to Au st 23rd for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Plan Examiner I, Grade 30, Plan Examiner II, Grade 34, and Plan Examiner III, Grade 38 all in Section 3.L (Technical Group) AND inserting their specifications in Section 32. (First Reading; Finance Committee recommends approval) Laid over to Auust 23rd for Second Reading and Ado tion. Resolution amending the Civil Service Rules byestablishing the title Encations in Clerk in Section 3.B, Grade 13, Clerical Group AND inserting its Section 32. (First Reading; Finance Committee recommends approval) Laid over to Au ust 23rd for Second Readi 57723.L/ \ "August 16th, 1979. Resolution amending the Civil Service Rules by inserting Fire Prevention titles as listed in grades as listed in Section 3.L AND inserting their specifications in Section 32. (First Reading; Finance Committee recommends approval) Laid over to August 23rd for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Complaint Office Analyst In Section 3.J, (Professional -Administrative Non -Supervisors Group) AND inserting its specifications in Section 32. (First Reading; Finance Committee recommends approval) Laid over to August 23rd for Second Reading and Adoption._ C.F. No. 273536. Resolution granting Bingo Games license to East Side Neighborhood Benefit c/o St. Ambrose Church Committee. Adopted. Yeas - 5 Nays - 0 C.F. No. 273537. Resolution approving Budget transfers as listed from CD III to CD Year IV for South of Front. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 273538. Resolution approving transfers as listed in the Community Development Block Grant Year III budget to provide additional funds for South of Front Acquisition project. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 273539. Resolution approving transfers in the Community Development Block Grant Year V Budget to provide additional funds for Residential Street Paving and Lighting in areas as listed. (Finance Committee recommends approval) Adopted. Yeas - 5 Nays - 0 C.F. No. 273540. Resolution approving the neighborhood commercial area improvement guidelines. Adopted. Yeas - 5 Nays - 0 C.F. No. 273541. Resolution approving the appointment of Winnie Estrada as a Commissioner of the Public Housing Agency to fill the unexpired term of Helen Fish. Adopted. Yeas - 5 Nays - 0 C.F. No. 273542. Resolution approving the reappointment of Paul Desch and the appointment of Loria Danage-Scott as members of the Civil Service Advisory Reference Committee. Adopted. Yeas - 5 Nays - 0 C.F. No. 273543. Resolution approving the appointment of persons as listed to the Metropolitan Aircraft Sound Abatement Council. Adopted. Yeas - 5 Nays - 0 C.F. No. 273544. Resolution granting renewal of Sunday On Sale Liquor licenses to Boe-Evans, Inc. and Gene Nardini Liquor, Inc. Adopted. Yeas - 5 Nays - 0 C.F. No. 273545. Resolution approving various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273546. Resolution approving various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273547. Resolution granting Temporary On Sale Malt Beverage Licenses to organizations as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273548. Resolution approving Registered Land Survey No. (Tentative ' Adopted. Yeas - 5 Nays - 0 \ August 16th, 1979. 57724.' C.F. No. 273549. Resolution approving Registered Land Survey No. (Tentative "W"). Adopted. Yeas - 5 Nays - 0 C.F. No. 273550. Resolution authorizing execution of a lease agreement with Schon Productions, Inc. t at the St. Paul Municipal Stadium, for presentation of a Marshall Tucker concer on August 29, 1979. Yeas - 5 Nays - 0 Adopted. C.F. No. 273551. Resolution authorizing a lease agreement with the St. Paul Yacht Club for use of the Upper and Lower Harbors of Harriet Island under the conditions as listed. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco asked that the rules be suspended. Adopted. Yeas - 5 Nays - 0 C.F. No. 273552. Resolution authorizing an agreement between the City of St. Paul and Company 7, Inc. for the operation of the Municipal Stadium concessions on August 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273553. Resolution authorizing a lease agreement with Feyline Presents, Inc., for purpose of a Dooby Brothers concert at the St. Paul Municipal Stadium on August 17, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273554. Resolution granting sewer service refunds to firms as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 273555. Resolution authorizing an application to the Dept. of Energy for funding a project to study and recommend how the City's zoning ordinance can assist the City in meeting its energy conservation goals. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt asked if just the candidates for the vacant City Council position were to be heard on the 29th or 30th. Council President Hozza saidthe reason he passed the draft announcement from the City Clerk's Office regarding applications for the Council seat was to have the Council review it. He said the City Clerk's Office has prepared the ad pursuant to a resolution recently passed. or individual Council President Hozza said it is his understanding that if any group wants to support a candidate they can do so in writing. He said that to do otherwise would not be proper and another thing that he is fearful of is this might incite speeches against other candidates. Councilman Maddox said he would hope this would not become a mini political convention and that he concurs with Councilman Hozza. Councilman Maddox moved that when the candidate files an application that their endorsements be in writing and this would be done by the City Clerk and approve wording of this ad. Councilwoman Hunt said she has a question regarding the applications and thinks it would be helpful that the information include background that would be available to the Council. Councilman Hozza said the letter sent out by the City Clerk should include a resume. Councilwoman Hunt moved the following changes be made in the ad: appropriate AND candidates are encouraged to supply any other information deemed appro p the phrase final selection will be made be stricken and the phrase voting to fill the vacancy will take place be substituted. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the me Adopted. Yeas - ourned. Minutes approved by Council 57725' MINUTES OF THE COUNCIL \ 10:00 A.M. August 21st, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Hunt, Maddox, Tedesco, President Hozza ... 4 Absent - Councilmen Levine, Showalter...2 Hearing was held on a resolution ordering the correction or wrecking and removal of a structure at 454 Edmund Avenue. Mr. Strohkirch of the Housing Code Division said a rehabilitation committee meeting was not held last night and is scheduled for next Monday night and Councilman Tedesco moved that this matter be continued for one week to August 28th. Adopted. Yeas - 4 Nays - 0 FINAL ORDER. In the matter of grading, paving, constructing concrete curb and gutter and storm water drainage facilities on Cohansey St. from St. Paul and Northern Pacific Railway Company to Wheelock Parkway and the proposed east -west street from Cohansey St. to Arundel and Arundel from St. Paul and Northern Pacific Railway Company to Ivy Ave., and Ivy Avenue from Arundel St. to Western, under P.O. 273429. Mr. Kuhfeld of the Public Works Department explained the proposal to open streets to allow development of the area and he said if Cohansey St. is approved the other streets are necessary because of the extreme grade of Cohansey St. George Ostrand, 1695 Ames, cited the history of the property and described the proposed improvement which would allow development of the property with single family homes. He urged that a hearing be held before the Public Works Committee and that the final orders be considered by the full City Council. Mike Ettel, 465 W. Wheelock, referred to opposition over the years to the improvement of this property and referred to the acquisition of a 120 foot strip of land by the City of St. Paul for which the property owners were assessed. He urged that the area and the view be kept open and he referred to a large petition in opposition to the improvements. Tom Osthoff, State Representative of the area, said the neighbors and the North End Improvement Club are opposed to the improvement and the. District 6 Council and the \` Burlington Northern Railroad have indicated their concern and he said the CIB Budget contains funds for the acquisition of bluff property. He said this project is ill conceived and he urged denial of the orders. Mr. John Finley, County Commissioner of the area, referred to opposition involved from the surrounding neighbors and said some of the property owners will be assessed but will not benefit from the improvement and he urged that a decision be made today. Reverend Wold, 474 W. Wheelock, Virginia Thorsen, 455 W. Wheelock and a resident at 490 Wheelock all spoke in opposition to the improvements. Councilman Tedesco moved that this order and the following three orders relating to this improvement be denied -with the understanding that Mr. Ostrand and Mr. Bies could meet with the city to see if the city can acquire the property. Councilman Hozza said he doesn't think the issue would change if a full Council were present and should be denied at this time. Councilwoman Hunt spoke in support of the motion and said the matter should not be delayed when there is so much strong evidence in opposition. Roll call on the motion to deny the orders. Adopted. Yeas - 4 Nays - 0 FINAL ORDER. In the matter of constructing water main and water service connections on Cohansey St. from the St. Paul and Northern Pacific Railway Co. to Wheelock Parkway AND the proposed east -west street from Cohansey St. to Arundel St. from the St. Paul and Northern Pacific Railway Co. to Ivy Ave. AND Ivy Ave. from Arundel St. (extended) to Western Ave. (P.O. 273430) Denied. Yeas - 4 Nays - 0 J \ 57726. ` August 21st, 1979. FINAL ORDER. In the matter of constructing Sanitary Sewer and sewer service connection on Cohansey St. from on Paul & Northern Railway Co. to Wheelock Parkway AND the ey St. to Arundel St. (extended) AND Arundel proposed E -W street from Cohans St. from St. Paul & Northern Pacific Railway C73431)to Ivy Ave. AND Ivy Ave. from Arundel St. (Extended) to Western Ave.e( aNays - 0 Denied. FINAL ORDER.Arundel In the matter of opening, widening, and extending partsbetof Cohansey St., HomeswAddnCoANDscondemning andtaking Arundel . nea by tking s St.parand the east -west street Cottage eement ted of vic -of-way in for drainage purposes on the ytakint an easementin theland necessary y and proposed Arundel AND condemning g for slopes, cuts auf fills Occasioned byt273432rovements in parts of Cohansey, Arundel and Ivy Streets as listed. (P0.Nays - 0 Denied. Yeas - 4 RESOLUTION RATIFYING ASSESSMENT. C.F. No. 273556. In the matter of constructing integral curb and walk on the west side of Wabasha from 5th St. to 6th St., under P.O. 269463. No one appeared. Councilman Tedesco moved approval of the resolution.- 0 Adopted. Yeas - 4 Nays C.E. No. 273557. RESOLUTION RATIFYING ASSESSMENT. In the matter of reconstructing with integral curband walk the sidewalk on 112. the west side of St. Peter from Ninth to Exchange, No one appeared. Councilman Tedesco moved approval of the resolution. Yeas - 4 Nays - 0 Adopted. C.F. No. 273558. RESOLUTION RATIFYING ASSESSMENT- nt for constructing 1and areaways in the mate of theWestern from Selby to No curb, assessmefeet,underkP.O. 271340. of on the t No one appeared. approval of the resolution - Councilman Maddox moved Yeas - 4 Nays - 0 Adopted. RESOLUTION RATIFYING ASSESSMENT. C.F. No. 273559. SIn te mater ofimshfromtFlandrae St. westment 132'fabuttingr9391F1andrauaSt., underlk on the nPEO. 271342E \ Si No one appeared.n. Councilman Maddox moved approval of the resolutioNays - 0 Adopted. Yeas - 4 Councilman Hozza said he understands there are people present in the Chamber with concerns about the rock concert in the Midway area over the last weekend. Councilman Maddox requested that the discussion or'scofficeconcerts and the Civuntil ic Center there is a meeting between his office and the Mayo Authority and he moved Tatthe o be madeeto ther be eCityeCouncild to snext1Tuesdaysuch a meeting on Thursday with a rep proposed concert during the Senator Neil Dieterich said hiosi�tive1action on the ate concern smatter. State Fair Week and he urged p ear before the Representative Mike Fritz urged that the matter be discussed to Councilman Hozza expressed concern about the procedures used by City Council. resentative Fritz, Councilman Maddox, and After an exchange of comments from Rep eriod to restore order and Councilman Hozza the meeting was recessed for a short P good one and later reconvened. suggestion was a g Councilwoman Hunt said she thinks Councilman parties dtogethr and she said she tnks the Council should proceed to bring the the Council recognizes the problem but it must be dealt with when all the parties are present.m t problem could Councilman Maddox solution to the talked theMetropolitan Sports Centeratter. he be olved ith a Roll call on the motion. yeas - 4 Nays - 0 Adopted. C.F. No. 273469. SECOND READING. An ordinance granting permission to Omni Development,right-of-ways of Grand Ave. Inc. to construct, operate and maintain ornamental street lights and conduit in and St. Albens St., subject to terms and conditions. Laid over to August 23rd for Third Reading. 57727 August 21st, 1979. C.F. No. 273470. SECOND READING. An ordinance amending Ordinanieana3�k�ight1Stsg and Truck Jessamineand Avedeleting parts as listed of Mississipp' Laid over to August 23rd for Third Reading. C.F. No. 273471. SECOND READING. ro erty located An ordinance amending Chapter 60 of the zoning code in rezoning p P on the north side of Jenks between Westminster and Arkwright, aka Lots 35 thru 37, Block 1, Cooper's Addn. Laid over to August 23rd for Third Reading. C.F. No. 273472. SECOND READING. ro ert located on An ordinance amending Chapter 60 of the zoning code in rezartnofpLot 11, Block 1, the east side of Kennard between Burns and Suburban, aka p Target -East St. Paul Addn. Laid over to August 23rd for Third Reading. C.F. No. 273560. FIRST READING. An ordinance repealing Section 83.01 through 83.06 of the Legislative Code pertaining to municipal parking lots (provision obsolete). Laid over to August 28th for Second Reading. C.F. No. 273561. FIRST READING. An ordinance amending Chapter l30 of the riking1theCode presentv130n02 and for appointment of adult crossing guards and st substituting a new 130.02. Laid over to August 28th for Second Reading. FIRST READING. C.E. No. 273562. An ordinance amending Sections 131.01 through 131.03 of the Legislative Code entitled Traffic Code -Various Offenses (provisions are obsolete). Laid over to August 28th for Second Reading. C.F. No. 273563. FIRST READING. An ordinance amending Chapter 132 of the Legislative Code entitled Tra.07 is \ Code -Accidents and repealing Sections 132.01 through 132.05 and 132.07 as obsolete. Laid over to August 28th for Second Reading. C.F. No. 273564. FIRST READING. An ordinance amending Chapter 133 of the Legislative Code entitled Traffic Code -Control of Traffic and striking certain sections as obsolete. Laid over to August 28th for Second Reading. C.F. No. 273565. FIRST READING. An ordinance amending Chapter 134 of the Legislative Code entitled Traffic Code -Rules of the Road and striking certain sections as listed as obsolete. Laid over to Au usfor Second Reading. C.F. No. 273566. FIRST READING. An ordinance amending the Legislative Code by repealing certain obsolete chapters as listed. Laid over to August 28th for Second Reading. C.F. No. 273567. FIRST READING. An ordinance amending Chapter 136 of the Legislative Code entitled Traffic Co e- rety save for Weights and Load Restrictions and repealing Chapter 136 in its enti 136.13 which shall be amended and renumbered as 136.01. Laid over to August 28th for Second Reading. C.F. No. 273568. FIRST READING. An ordinance amending Chapter 140 of the Legislative Code entitled Signs an Signals on Bridge Piers or Street Obstructions, strike and substitute the words Director of Public Works in lieu of the words Commissioner of Public Safety and City Clerk where same shall appear. Laid over to August 28th for Second Reading. C.F. No. 273564. FIRST READING. An ordinance amending Chapter 144 of the Legislative Code entitled General Parking Restrictions by repealing certain obsolete sections as listed AND repealing Chapter 212 entitled Parking Lots and Garages; Use of Streets. Laid over to August 28th for Second Reading. 1 August 21st, 1979. 57728. C.F. No. 273570. FIRST READING. amending Chapter 145 of the Legislative Code entitled No Parking Zones An ordinance and amending Section 145.01 and 145.04. Laid over to August 28th for Second Reading. C.F. No. 273571. FIRST READING. An ordinance amending Chapter 146 of the Legislative Code entitled Limited Parking Zones and amending Section 146.01 and 146.03. Laid over to August 28th for Second Reading.__ C.F. No. 273572. FIRST READING. amending Chapter 147 of the Legislative Code entitled Parking Meter An ordinance Zones and amending Sections as listed. Laid over to August 28th Second Reading. C.F. No. 273573. FIRST READING. Chapter 149'of the Legislative Code entitled Parking During An ordinance amending Emergencies and amending sections as listed. Laid over to August 28th for Second Reading. C.F. No. 270680. SECOND READING a new Chapter of the Legislative Code .Chapter 398) An ordinance establishing making unlawful the use of city property for political purposes. (Letter of Chairman of Legislation Committee accompanies ordinance.) be by the substitution of a new Councilman Maddox moved that the ordinance amended page 2 and he explained the purpose of the amendment. Adopted. Yeas - 4 Nays - 0 The ordinance was laid over to August 28th for Third Reading. Claim of Annette J. Crosby, 1482 Almond Ave., St. Paul, Minnesota, filed on August 14, 1979, was read. Referred to the City Attorney's Office. Claim of Kenneth L. Miller, 635 Gotzian St., St. Paul, Minnesota, filed on August 15, 1979, was read. Referred to the City Attorney's Office. Claim of MTC -Transit Operating Division, 3118 Nicollet Ave., Minneapolis, Minnesota, filed on August 15, 1979, was read. Referred to the City Attorney's Office. Letter of Oliverland, Inc. withdrawing their application for rezoning property at 425 Ruth, aka part of Hudson Road Gardens. Filed. Letter of William and Bonnie Leonard requesting a revision of the property vacated pursuant to C.F. #273137 being a vacation of Hillwood Drive and Hillwood Court. Referred to the Valuation Engineer. Letter of the Director of Finance & Management Services reporting the petition to rezone parts of Block 1, D. R. Burbank's Addn. is sufficient. Referred to the Planning Commission for.recommendation. Administrative Orders: D 5014 - Authorization to Highland Catholic School to close Kenneth St. between ing peak hours of student crossings Hillcrest and Bohland Avenues dur for the 1979-1980 school year. D 5015 - $425.00 refund of Sewer Availability Charge to Bruce Nelson, 1460 E. Burke Ave. D 5016 - Payment of $1,421.20 out of the Workers' Compensation Account to Lance Peters, Water Dept. employee. D 5017 - Payment of $418.00 from the Workers' Compensation Account to Leonard Mroszak, Public Works Dept. employee. D 5018 - Payment of $358.63 from the Workers' Compensation Account to Arthur Peterson, Fire Dept. employee. C.F. No. 273574. Resolution approving boundary change in the Margaret ITA. (Addition of one and 1i blocks to CD V). Yeas - 4 Nays - 0 Adopted. C.E. No. 273575. Resolution approving transfer of Grocery and other licenses from Marvin Merrick at 1551 Payne Ave. to Joseph's Foods, Inc. at the same address. Adopted. Yeas - 4 Nays - 0 57729.v August 21st, 1979. C.F. No. 273576. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.E. No. 273577. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273578. Resolution granting Drive -In Restaurant License to Richard and Jo Ann Pfiffner and Anne Peterson at 834 Rice St. Adopted. Yeas - 4 Nays - 0 C.F. No. 273579. Resolution granting Drive -In Restaurant License to Ralco Co., Inc. at 1940, Suburban Ave. Yeas - 4 Nays - 0 Adopted. C.F. No. 273580. Resolution approving a lease agreement between the City and the First Christian Church whereby the City will lease parts of a building at 317 Marshall Ave. for a field office for the City's Model Cities Health Project. Adopted. Yeas - 4 Nays - 0 C.F. No. 273581. Resolution releasing the utility easements as set forth in C.F. #197953 adopted July 12, 1960 and being the vacation of a north -south alley running from Third St. to Conway St. Yeas - 4 Nays - 0 Adopted. C.F. No. 273582. Resolution Approving Assessment and Award of Damages for condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading of DeSoto St. from North to Collins St. AND North St. from DeSoto St. to Payne Ave. AND setting date of public hearing for September 18, 1979. (P.O. 273012) Adopted. Yeas - 4 Nays - 0 C.F. No. 273583. Resolution Approving Assessment and Award of Damages is the condemning and takinghe of an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the alley in Block 3, Edmund Rice's Third Addition AND setting date of public hearing for September 189 1979. (P.O. 273008) Adopted. Yeas - 4 Nays - 0 C.F. No. 273584. Resolution Approving Assessment for the construction of the Carroll979. (i. storm sewer system AND setting date of public hearing for September 18, 1979. (P.O. 265655) Adopted. Yeas - 4 Nays - 0 C.F. No. 273585. Resolution Approving Assessment and Award of Damages in the condemning of an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Hazelwood from Case to the proposed cul-de-sac 276.5 feet north of Case AND the condemning of an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Omaban from Case to the proposed cul-de-sac 245 feet north of Case AND setting date of hearing for September 18, 1979. (P.O. 272836) Adopted. Yeas.- 4 Nays - 0 C.F. No. 273586. Resolution setting a date of public hearing on the proposed 1980 City Budget for 7:00 P.M. on September 20, 1979 and authorizing the City Clerk to publish official notice of hearing and revenue and expenditure summaries. Adopted. Yeas - 4 Nays - 0 Councilman Hozza asked to be excused from City Council on Thursday, August 23rd and Councilman Tedesco moved that the request be granted. Adopted. Yeas - 4 Nays - 0 Councilman Hozza said he has received a letter from the Ramsey County Bar Association recommending a procedure to obtain a special liquor investigator and he said he will propose an ad to be published in the legal newspaper and bring it to the City Council for review and approval. \ \ August 21st,. 1979. 57730. Councilman Maddox moved that the rules be suspended to consider a resolution not on the agenda. Adopted. Yeas - 4 Nays - 0 C.F. No. 273587. Resolution approving the employment of Mary Osieki in the position of Administrative Aide II, Grade 47, Step A, at a bi-weekly salary of $829.76 effective August 3, 1979 to serve at the pleasure of the City Council. Adopted. Yeas - 4 Nays - 0 Councilman Tedesco asked to be excused from City Council on August 29th and Councilman Maddox moved that the request be granted. Adopted. Yeas - 4 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 Copies sent to Councilmen /Il6 /-7 !;. Minutes approved by Council 9 �/7 / 1 57731. MINUTES OF THE COUNCIL 9:00 A.M. August 22nd, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:10 A.M. Present - Councilwoman Hunt, Councilmen Maddox, Tedesco, Hozza... 4 Absent - Councilwoman Showalter, Councilman Levine ... 2 stockholders of A.B.C. Liquor Warehouse, Inc., Off Sale Change of officers and changealso name oration. (No Liquor Licensee at 1055 Payne venue andng resolut on was submittedP one notified to attend). C.E. No. 273588. Resolution approving change in officers and stockholders of A.B.C. Liquor Warehouse, Inc., holder of Off Sale Liquor License at 1055 Payne Avenue. Adopted. Yeas.- 4 Nays - 0 MGM Li Change of officers and stockholders of Liquor Warehouse, Inc., Off Sale attend). Liquor Licensee at 1110 W. Larpenteur Avenue. (No one notified to The following resolution was submitted. C.F. No. 273589. Resolution approving change of officers and stockholders of MGM Liquor Warehouse, Inc., holder of Off Sale Liquor License at 1110 W. Larpenteur Avenue. Councilwoman Hunt said this matter was controversial at one cortorationewitheonly agreed to certain conditions and Mr. Carchedi said it i -P P one change involved. Roll call on the resolution- Yeas - 4 Nays - 0 Adopted. Change of officers and stockholders of N.B.C. Liquor Warehouse, Inc., Off Sale d also Liquor Licensee at 451 N. Lexington Avenue anresolutiechange onw ssubmittedrporation. (No one notified to attend). The following C.F. No. 273590. \ Resolution approving change of officers and stockholders and change in name from N.B.C. Liquor Warehouse, Inc-, to MGM Liquor Warehouse of Lexington Ave., Inc., holder of Off Sale Liquor License atNorth Yeas - 4LexiNaysn- 00enue. Adopted. Bingo Application - St. Casimirs Ushers Club, 934 E. Geranium Avenue, 48 periods. (Jerry Tri, President and Manager, notified to attend). See resolution below. Bingo Application - St. Casimir Parish Charitable Activities, 57 W. 7th Street, 51 periods. (Delores M. Boily, President, and Gertrude A. Bertini, Manager, notified to attend). The following resolution was submitted. C.F. N 273591. Resolution granting Bingo Game Licenses to St. Casimir Ushers' Club and St. Casimir R Parish Charitable Activities. Yeas - 4 Nays - 0 Adotped. Liquor, Inc. and Fred D. Primoli at Application for the transfer of the On Sale Liquor License issued to Fred D. Primo i at 955-59 Arcade Street to Primo's Fine Food and ified to attend)• the same address. (Sherman S. Horowitz notagreement with employees Mr. Tonda representing the Hotel and Restaurant Union said an ag on the pension fund has not applicanteen dorthisls time. attorrney was present and no one appeared.1979. President Hozza asked if the applaid Councilman Tedesco moved thattheeas matter be Nays over for one week to August 28th, Adopted. Change of officers of Saint Paul -Ramsey Arts and Science Council, ti Sale Liquor Licensee at 30 E. Tenth Street and 75 W. Fifth Street. (No one notified to attend). The following resolution was submitted. August 22nd, 1979 57732.E C.F. No. 273592. Resolution approving the change of officers in Saint Paul -Ramsey Arts and Science Council holder of On Sale Liquor License at 30 E. Tenth Street and 75 W. Fifth Street. Adopted. Yeas - 4 Nays - 0 Application for the transfer of the Class C1 -Restaurant, On Sale Malt Beverage and Cigarette Licenses issued to Dolores L. Spallacci at 1437 N. Cleveland Ave. to John A. Jeffers at the same address. (John A. Jeffers notified to attend). The following resolution was submitted. C.F. No. 273593. Resolution granting transfer of Restaurant, On Sale Malt Beverage and Cigarette Licenses from Dolores L. Spallacci at 1437 N. Cleveland Ave. to John A. Jeffers at the same address. Adopted. Yeas - 4 Nays - 0 mo Recreation, Inc. 1013 Front Avenue to spe�k to the Request by Roger Vannelli, Co e for late payment of the second Half of the License Committee about the penalty fe On Sale Liquor License fee. (Roger Vannelli notified to attend). Mr. Vannelli appeared and said he was fined for late payment on his Liquor License fee and he explained how the check and envelope were mailed from Forest tLkeonuJuly 31st, 1979 but because of a heavy workload in the post office did not get postmarked August 1st, 1979 and he paid a $112.50 penalty. At the question of Councilman Maddox, Mr. Carchedi�said there were 18 or 20 Licensees who paid a late fee and they are under instructions from the State Auditor not to accept the License fee without a penalty if it is not postmarkedon or before Jtion31st. At the question of Councilwoman Hunt, Mr. Starr, City Attorney, the clearly worded unless the post office can come forth with written facts to support comments made by Mr. Vannelli. e could submit an affidavit on the facts in - After some discussion Mr. Vannelli said h volved or he thinks he can get the proper letter from the post office. Councilman Tedesco moved thattheeasmatter be laid Nays over for one week to August 28th, 1979. Adopted. Public Hearing on the application by David Doepner for a Second Hand Dealer General License at 1080 Earl Street. (Recommended for denial by neighbors and District 5 Planning Council). was resent representing Mr. David Doepner. It was noted that Mr. Keith Hanzel, attorney, P Mr. Garvey, Assistant City Attorney, said there is no recommendation from the License Inspector and the matter comes before the Council on recommendation of the neighbors and the District 5 Planning Council.osition was Mr. Carchedi said a similar hearing was held two years ago and the City's p that the operation was a Junk Yark but after hearing the matter the Council found that the the applicant was not operating as a Junk Yard. Eileen Weida representing District 5 read a letter of District 2 citing violations and requesting that the Council rezone the property to residential. At the question of Councilwoman Hunt, Mr. Starr said the Council can decide whether the Licensee is guilty of misconduct in the business but the matter of rezoning is not before the City Council. Mr. Hanzel said the notice to Mr. Doepner refers to an alleged nuisance and he requests that any comments today be directed to those allegations. Councilman Hozza said the zoning matter is not properly before the City Council at this time. was sworn in and referred to threats made last night an Kevin Pluff, 1083 Magnolia, he referred to a subsequent bottle rocket and wine bottle throwing incident. described has nothing to do with the conduct of the Mr. Hanzel said the conduct Second Hand Dealer License and he asked that the comments be stricken from the record. Starr said the Council can receive competent evidence but should exclude incompetent, irrelevant or immaterial or repetitious comments. Mr. Pluff said he has seen appliances and refrigerators on the sidewalk and said the area is a mess and a hangout, the people are trouble makers and there is harassment of the neighbors. in and asked questions about police protection Patricia Pluff, 1083 Magnolia, was sworn d she said she and her business and her neigh - and referred to paint on their garages an hors have been threatened. At the question of Councilman Hozza, Ms. Pluff said she feels that the problems are coming from the business and she referred to a racing motorcycle incident on the 4th of July. Mrs. Conroy, 1069 Frank, was sworn in and referred to a July 19th incident involving eventsral three boys who broke windows in her thhome and she of Mr. to Seve Conroy said Mr. Hames of comments by various people. does work at the Second Hand Store. (Discussion continued to the following page). (Discussion continued from the previous page). W' Joe Cunningham, 1164 E. Magnolia, was sworn in and said the area has long been a hangout for hoodlums and the police.and the Council don't do anything about it. Mr. Hanzel noted that the store is not open at 1:00 A.M. as reflected by Mr. Cunningham. Mr. m4ana, 1101 Magnolia, was sworn in and referred to a defective gas stove he purchased and he described a bottle throwing incident at his car and to a sub- sequent attempted assault with a canoe paddle and he said the persons took refuge in the appliance store. Audrey Johansen, 1080 Cook, explained a rocket bottle incident last night and at this time Councilman Hozza admitted into evidence the wine bottle and two bottle rockets as evidence, Mr. Hanzel objected to the evidence because they have no relation to the matter under consideration and Councilman Hozza said the objection will be noted and is over -ruled. At the question of Councilman Maddox, Kevin Pluff described the bottle rocket incident and said he saw three persons leave the appliance store and shoot the rockets. He.. also said Dave Doepner, Jr. shot a bottle rocket at him and threw the wine bottle. Gregory Pluff was sworn in and said he also saw people shoot bottle rockets and saw people coming from the apartment above the appliance store and he said there have been many police reports in the area. At the question of Councilwoman Hunt, Mr. Hanzel said Mr. Labey and Dave Doepner, Jr. live upstairs in the appliance store. Sergeant Mathisen was sworn in and said Sergeant Pasternak from their team has attended several meetings in the area and according to Sergeant Pasternak the area is not a high incident area but there were two calls in June and one involved a refrigerator stored in the yard and one a disorderly conduct incident. Councilman Maddox expressed concern about police reports and also a staff recommendation and he suggested that the matter be laid over in order that it could be examined further. Mr. Starr said with no recommendation the City Attorney, representing the License Inspector, is not an advocate and the people in the area are proceeding without an attorney but if the License Inspector comes in with a recommendation the City Attorney would present information. Councilwoman Hunt asked about the incidents last night and Mr. Carchedi said the police call last night was at 1083 Earl and a police check should be made for the area. At the question of Mr. Hanzel, Sergeant Mathisen said he spoke with Sergeant Pasternak and he only was referring to 1080 -Earl. At the question of Councilman Hozza, Mr. Carchedi said under the license provisions �\ appliances must be stored inside and there is evidence that some are stored outside. Mr. Starr said if outside storage is contrary to the conditions of the licen lse then it is grounds for action and he thinks there is sufficient grounds to take action but more evidence would provide better support for the Council's action. Mr. Hanzel said there is no sworn testimony or other testimony concerning outside storage. Councilman Maddox moved that the item be laid over to permit a recommendation from the attorneys. Mr. Starr said he would recommend a continuance in order to establish further grounds for Council action. Mr. Hanzel said he came today to defend allegations on a nuisance and Mr. Doepner has been in business for seven years and has no charges against him and he asked that the Council make a determination that a nuisance has not been shown and that the license be issued. Councilman Hozza said he supports a continuance with a request to the City Attorney and the License Inspector to investigate the matter and make a recommendation. After further discussion, Councilman Maddox moved that the -matter be laid over for three weeks to September 12th, 1979 and that the City Attorney and License Inspector be directed to investigate and report back to the Council and that any new allegations be sent to the licensee by the License Inspector and Attorney. Adotped. Yeas - 4 Nays - 0 Councilwoman Hunt referred to a Letter of the Vice Squats involving the Cosetta License and she asked and moved that a response be requested from the License Inspector on his role in this matter. Adopted. Yeas - 4 Nays - 0 \ \\ August 22nd,. 1979 57734. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 4 Nay's - 0 ATTEST: _ City Clerk. q Copies sent to Councilmen ' / /O Z-/ 7 Minutes approved by Council V-2/% 57735. MINUTES OF THE COUNCIL 10:00 A.M. August 23rd, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA Present - Mr. Vice President Tedesco...l Absent - Councilmen Hunt, Levine, Maddox, Showalter, President Hozza...5 No Quorum. No Meeting. 57736.'/ MINUTES OF THE COUNCIL 10:00 A.M. August 28th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, Mr. Vice President Tedesco ... 4 Absent - Councilmen Showalter, Hozza...2 (Councilwoman Showalter arrived at a point during the meeting). Approval of minutes of City Council Meetings for July 26th, July 31st A.M. and P.M., and August 1st and 2nd, 1979. Councilman Maddox moved approval. Adopted. Yeas - 4 Nays - 0 Hearing and resolution to consider the necessity of ordering the correction or wrecking and removal of a structure at 623 Laurel. (Laid over from July 27, 1979). No one appeared in opposition. Mr. Tom Strohkirch said he spoke to the Public Housing Agency and bids were due for the rehabilitation tomorrow. He said there should be concrete bids and proposal by September 16th and up to $600,000 is ear marked for rehabilitation. He recommended that the matter be laid over indefinitely because so much work, effort and financing is being devoted to the rehabilitation. Councilman Maddox moved that the matter be laid over indefinitely. Adopted. Yeas - 4 Nays - 0 C.F. No. 273594. Resolution and Hearing to consider the necessity of ordering the correction or wrecking and removal of a building at 603 Holly. No one appeared in opposition. Mr. Strohkirch said the owner plans to get a loan by the end of August but there is nothing concrete to date and it is the department recommendation that the resolution be adopted. Councilman Maddox moved approval. Adopted. Yeas - 4 Nays - 0 C.F. No. 273595. Hearing and resolution to consider the necessity of ordering the correction or wrecking and removal of a building at 1023 Dayton. No one appeared in opposition. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Hearing and resolution to consider the necessity of ordering the correction or wrecking and removal of a building at 539-541 Laurel. (laid over from June 21) Mr. Strohkirch said substantial monies have been spent toward the rehabilitation of the structure and he recommended that the matter be laid over indefinitely. Councilman Maddox moved that the matter be laid over indefinitely. Adopted. Yeas - 4 Nays - 0 Councilwoman Showalter arrived at this point in the meeting. Hearing and resolution to consider the necessity of ordering the correction or wrecking and removal of a building at 890 Iglehart. (Laid over from Aug. 14th) Mr. Skaggs, 1033 Ashland, said he is in the process of rehabilitation. Mr. Mattson, 862 Dayton, said he purchased the building two weeks ago and since that time substantial efforts toward rehabilitation have been made. Mr. Strohkirch said he looked at the building and the entire appears to be structurally sound. Councilman Maddox moved that the matter be laid over indefinitely. Adopted. Yeas - 5 Nays - 0 57737. August 28th, 1979. C.F. No. 273596. Hearing and resolution to consider the necessity of ordering Zhe correction or wrecking and removal of a building at 454 Edmund Ave. (Laid over from Aug. 21) Mr. Strohkirch said the matter has been before the Council on a couple occasions and has been put forward to hear the results of a grant hearing which was to have been held last night. Mr. Robert Thissen said it is presumed the property will revert back to him and he wishes to rehabilitate it. Councilwoman Showalter visited several houses in Councilwoman Hunt said she and the ITA area and one home in particular which had a $5,000 grant and not much was accomplished by the grant and she moved to proceed and if the owner feels he wants to make some effort he still would have sufficient time to do so. She said it is not fair to wait for public funds. Mr. Thissen asked if it were still possible to bring the matter back before the Council in case someone wants to spend private funds for the rehabilitation. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 Petition of Clarence P. and Marguerite J. Kimmel for the vacation of the alley in Block 1, Slayton's Linwood Park Addn. It was noted that the matter had been heard in previous years before the Public Works Committee and committee recommendation was for denial of the vacation. Michael Eggum of the Valuation Engineer's Office said Mr. Knopik has written objecting to the vacation because he needs the alley for access. Mr. Clarence Kimmel, petitioner, said Mr. Knopik moved in about a year and a4haalf ago and that he has a recovery operation which has contaminated the Kimmel Mr. Kimmel said Mr. Knopik's reason for needing access is ridiculous because he is operating the business in violation of several laws and the fence is not in accord with the building code with the result the building was put in the wrong place and this has accounted for the lack of access. Mr. Kimmel said he has worked with Mr. Knopik for two years and has had nothing but arguments and adamancy. Mr. Duwane Knopik, President of Fuel Recovery Company, said Mr. Kimmel has not mentioned the many times Mr. Kimmel has hung up on Mr. Knopik. He said last winter there was some oil spilled but it was dug up and the soil was replaced. He said he has tried to be a good neighbor but to vacate will deny the interests of his property. He said he has not tried to give Mr. Kimmel a hard time but the opposite is true of Mr. Kimmel. Councilwoman Hunt asked questions on the unusual width of the alley (20 feet). Mr. Eggum responded to a question from Councilwoman Hunt and said the alley would accrue to Mr. Kimmel should the vacation be granted and the reason for this or that the alley was platted by former ojThers of the Kimmel property and there are two separate plats which set aside the alley. Mr. Joseph Melzarek, 500 Degree of Honor Bldg., said he represents Mr. Owen an insurance agent who has purchased several lots on Jefferson and plans to construct a building for his agency on the property. He said the proposed building will cost upwards to one half million dollars. Mr. Melzarek said there have been complaints of alley encroachment and this factor would have a negative affect on the Owen's building plans. Councilwoman Hunt said it appears to her that if there is to be an alley which would provide access there should be something to improve the alley and she asked Mr. Knopik that if he were against the alley would he be willing to pay his share of the assessment for the improvement. Mr. Knopik said he would be willing to pay if he derived some benefit, that is if one half would accrue to him and he retained his right to drive up to his building. Councilwoman Hunt said that rather than deny the vacation she would propose a layover to see what possibilities are here and have the encroachment charges investigated. Mr. Kimmel said there are no other opportunities for access for Mr. Knopik because 35E is behind his building. Councilwoman Hunt moved that the matter be laid over four weeks. Adopted. Yeas - 5 Nays - 0 Councilman Levine noted that he has known Mr. Owen for several years and that Mr. Owen has an excellent reputation as a businessman. Mr. Owen said his insurance agency presently has offices on Snelling Avenue but is being forced to vacate those and it is a matter of some urgency to get a new building. Councilwoman Hunt said in light of this statement she would move reconsider at on of the previous roll call vote. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt moved that the petitionNbe laid ays -two weeks to September 11. Adopted. J 57738. \ August 28th, 1979. Councilman Maddox moved that the rules be suspended. Adopted. Yeas - 5 Nays - 0 C.F. No. 273597. Resolution declaring a moratorium for the remainder of 1979 on all concerts at Midway Stadium AND approving formation of a task force with its membership appointed by the Mayor. Yeas - 5 Nays - 0 Adopted. C.F. No. 273598. Resolution setting forth the procedures for the hearing to be conducted August 29th at 7:00 P.M. for the purposes of filling the vacancy in City Council Seat F. Adopted. Yeas - 5 Nays - 0 C.F. No. 273416. FINAL ADOPTION. ORD. NO. 16554. An ordinance amending Chapter 108 of the Legislative Code pertaining to truck and wagon scales and registration of weighers and repealing Chapter 109 entitled "Weights and Measures, City Sealer". Adopted. Yeas - 5 Nays - 0 C.F. No. 273417. FINAL ADOPTION. ORD. NO. 16555. An ordinance amending Chapter 147.12 of the Legislative Code entitled "Interference with Use of Meters". (Increases fees for parking meters closed due to building construction, etc.) Adopted. Yeas - 5 Nays - 0 C.F. No. 273439. FINAL ADOPTION. ORD. N0. 16556. An ordinance amending Section 74.13 (F) of the St. Paul Legislative Code by providing for punitive damages for violations of Chapter 74. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the rules be suspended to consider two ordinances not on the agenda. Adopted. Yeas - 5 Nays - 0 C.F. No. 273469. THIRD READING. An ordinance granting permission to Omni Development, Inc. to construct, operate and �\ maintain ornamental street lights and conduit in the right-of-ways of Grand Avenue and St. Albans Street. Laid over to September 4th for Final Adoption. C.F. No. 273470. THIRD READING. An ordinance amending Ordinance No. 13537 pertaining to truck routes and deleting parts of Mississippi and Arkwright Streets and part of Jessamine Avenue. Laid over to September 4th for Final Adoption. C.F. No. 273471. THIRD READING. An ordinance amending Chapter 60 of the Zoning Code in rezoning property located on the north side of Jenks between Westminster and Arkwright, aka Lots 35 thru 37, Block 1, Cooper's Addition. Laid over to September 4th for Final Adoption. C.F. No. 273472. THIRD READING. An ordinance amending Chapter 60 of the Zoning Code in rezoning property located on the east side of Kennard between Burns and Suburban, aka part of Lot 11, Block 1, Target -East St. Paul Addition. Laid over to September 4th for Final Adoption. C.E. No. 270680. THIRD READING. An ordinance adding a new chapter (Chapter 398) to the Legislative Code and making it unlawful to use city property for political purposes. Laid over to September 4th for Final Adoption. C.E. No. 273560. SECOND READING. An ordinance repealing Section 83.01 through 83.06 of the Legislative Code pertaining to municipal parking lots. (provision obsolete) Laid over to August 30th for Third Reading-. C.F. No. 273561. SECOND READING. An ordinance amending Chapter 130 of the Legislative Code providing for appointment of adult crossing guards and striking the present 130.02 and substituting a new 130.02. Laid over to August 30th for Third Reading._ 57739 \ August 28th, 1979. C.E. No. 273562. SECOND READING. An ordinance amending Sections 131.01 through 131.03 of the Legislative Code entitled Traffic Code -various Offenses. `Provisions are obsolete) Laid over to August 30th for Third Reading. C.F. No. 273563. SECOND READING. An ordinance amending Chapter 132 of the Legislative Code entitled Traffic Code - Accidents and repealing Sections 132.01 through 132.05 and 132.07 as obsolete. Laid over to August 30th for Third Reading. C.E. No. 273564. SECOND READING. An ordinance amending Chapter 133 of the Legislative Code entitled Traffic Code - Control of Traffic and striking certain sections as obsolete. Laid over to August 30th for Third Reading. C.F. No. 273565. SECOND READING. An ordinance amending Chapter 134 of the Legislative Code entitled Traffic Code - Rules of the Road and striking certain sections as listed as obsolete. Laid over to August 30th for Third Reading. C.F. No. 273566. SECOND READING. An ordinance amending the Legislative Code by repealing certain obsolete chapters as listed. Laid over to August 30th for Third Reading. C.F. No. 273567. SECOND READING. An ordinance amending Chapter 136 of the Legislative Code entitled Traffic Code - Weights and Load Restrictions and repealing Chapter 136 in its entirety except for 136.13 which shall be amended and renumbered as 136.01. Laid over to August 30th for Third Reading. C.F. No. 273568. SECOND READING. An ordinance amending Chapter 140 of the Legislative Code entitled Signs and Signals on Bridge Piers or Street Obstructions, strike and substitute the words Director of Public Works in lieu of the words Commissioner of Public Safety and City Clerk where same shall appear. Laid over to August 30th for Third Reading. C.F. No. 273569. SECOND READING. \ An ordinance amending Chapter 144 of the Legislative Code entitled General Parking Restrictions by repealing certain obsolete sections as listed AND repealing Chapter 212 entitled Parking Lots and Garages; Use of Streets. Laid over to August 30th for Third Reading. C.F. No. 273570. SECOND READING. An ordinance amending Chapter 145 of the Legislative Code entitled No Parking Zones and amending Section 145.01 and 145.04. Laid over to August 30th for Third Reading._ C.F. No. 273571. SECOND READING. An ordinance amending Chapter 146 of the Legislative Code entitled Limited Parking Zones and amending Section 146.01 and 146.03. Laid over to August 30th for Third Reading. C.F. No. 273572. SECOND READING. An ordinance amending Chapter 147 of the Legislative Code entitled Parking Meter Zones and amending Sections as listed. Laid over to August 30th for Third Reading. C.F. No. 273573. SECOND READING. An ordinance amending Chapter 149 of the Legislative Code entitled Parking During Emergencies and amending Sections as listed. Laid over to August 30th for Third Reading. C.F. No. 273599. FIRST READING. An ordinance amending Section 308.08 of the Legislative Code repealing the multiple ownership prohibition for on -sale liquor licenses. Councilwoman Hunt suggested persons wishing to be heard on the ordinance could be accommodated at its Third Reading. Laid over to September 4th for Second Reading. 57740: August 28th 1979. Augu , C.F. No. 273600. FIRST READING. An ordinance amending,_Chapter 82 of the Administrative Code whereby "Little Davis Bacon" requirements set forth in Section 82.07 thereof shall be applicable to contracts of more than $10,000. Laid over to September 4th for Second Reading. C.F. No. 273601. Resolution stipulating that any City Department or Division requisitioning any public work shall assign a member of its staff to be designated as the project administrator for such work AND setting forth the aforementioned project administrator's responsibilities in relationship to effective enforcement of the "Little David Bacon" requirements. (Letter of Chairman of Finance, Management, and Personnel Committee recommends approval as substitute legislation for C.F. No. 273060 and C.F. No. 273061). Yeas - 5 Nays - 0 Adopted. Claim of Dorothy Engstrom, 1741 Blair Ave., St. Paul, Minnesota, filed on August 17, 1979, was read. Referred to the City Attorney's Office. Claim of Eleanor K. Hovelsrud, 654 E. Hoyt Ave., St. Paul, Minnesota, filed on August 20, 1979, was read. Referred to the City Attorney's Office. Claim of Carolyn Meyer by Attorney Brian T. Carlson, 7900 Xerxes Avenue So., Minneapolis, Minnesota, filed on August 20, 1979, was read. Referred to the City Attorney's Office. Claim of Mary T. Schwing, 1219 Bayard Avenue, St. Paul, Minnesota, filed on August 20, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Mary Lyles versus the Hallie Q. Brown Community Center and the City -of St. Paul. Referred to the City Attorney. Letter from the State Department of Revenue transmitting the application of Ramsey \ Hill Properties, Inc. for reduction in assessed valuation of certain real estate located at 416 Selby Ave. as described in Application 41282924. Filed. Letter of Group Health Plan, Inc. transmitting renewal rates for 1980 of health benefits for employees of the City of St. Paul. Filed. Letter of behalf of Margaret E. Lee requesting withdrawal of petition to rezone property on the north side of Beech between Arcade and Hope, and on the north side of E. Seventh between Arcade and Margaret. Filed. Letter of Valuation Engineer advising that the re -submitted petition of Poor Richards, Inca and Richard Wybierala to vacate parts of Whitall, Arkwright and Clark Streets is in proper form. Filed. Administrative Orders: D 5019 - Payment of $334.40 from Workers' Compensation Account to Bernard McNaughton, Dept. of Public Works employee. D 5020 - Authorizing services of Barbara Anderson as an independent contractor for the interior design work at the Hayden Heights Branch Library. C.F. No. 273534. Resolution approving the terms and conditions of a 1979 Memorandum of Agreement between the City of St. Paul and the International Association of Fire Fighters AFL-CIO, Local 21. (Second Reading and Adoption; Employment for the period of January 1, through December 31, 1979.) Adopted. Yeas - 5 Nays - 0 Councilman Maddox left the meeting at this point. C.F. No. 273602. ' Resolution approving the terms and conditions for the 1979-1980 Maintenance Labor the Elevator Constructors Local 419. Agreement between the City of St. Paul and (Second Reading and Adoption)Nays- 4 Nays - 0 Adopted. 57741 \fA.gust 28th, 1979. C.F. No. 273603. Resolution approving -terms and conditions of the 1979-1980-1981 Maintenance Labor Agreement between the Operative Plasterers and Cement Masons International Association, Local #20 and the City of St. Paul, ISD 4625. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273604. Resolution amending Civil Service Rules by inserting the title Solid Waste and Equipment Engineer in Section 6, Grade 20, under the heading Professional - Administrative Group AND inserting its specifications in Section 49. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273605. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for the title Police Records Clerk. (Second Reading and Adoption). Adopted. Yeas - 4 Nays - 0 C.F. No. 273606. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for the title Graphic Artist I. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273607. Resolution amending Section 32 of the Civil Service Rules by striking the present specifications and substituting new specifications for the City Planner titles as listed. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273608. Resolution amending Section 20.B of the Civil Service Rules concerning the use of sick leave credits. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273609. 1 Resolution amending the Civil Service Rules by inserting Housing Rehabilitation Trainee, Section 3.L, Grade 26, (Technical Group) AND inserting its specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 C.F. No. 273610. Resolution amending the Civil Service Rules by inserting the title Plan Examiner I, Grade 30, Plan Examiner II, Grade 34, and Plan Examiner III, Grade 38 all in \ Section 3.1, (Technical Group) AND inserting their specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 4 Nays - 0 Councilman Maddox returned to the meeting at this point. C.F. No. 273611. Resolution amending the Civil Service Rules by establishing the title Energy Clerk in Section 3.B, Grade 13, Clerical Group AND inserting its specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas -.5 Nays - 0 C.E. No. 273612. Resolution amending the Civil Service Rules by inserting Fire Prevention titles as listed in grades as listed in Section 3.L AND inserting their specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 C.F. No. 273613. Resolution amending the Civil Service Rules by inserting the title Complaint Office Analyst in Section 3.J, (Professional -Administrative, Non -Supervisors Group) AND inserting its specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 5 Nays - 0 Resolution amending the Civil Service Rules and providing for the temporary elimination of numerical performance evaluations in the examination for Fire positions. (First Reading) Laid over to September 4th for Second Reading and Adoption. \ August 28th, 1979. 57742, Resolution amending the Civil Service Rules by inserting the title Director of Projects in Section 3.K, Grade 30, Professional -Administrative Supervisors Group AND amending Section 32 by inserting specifications for the title. (First Reading; Finance Committee recommends approval). Councilwoman Hunt moved the resolution be amended to read Grade 29. Adopted. Yeas - 5 Nays - 0` The resolution was laid over to September 4th for Second Reading and Adoption. C.F. No. 273614. Resolution approving application of Burlington Northern Inc. for a reduction of ts for street maintenance for property at 619 W. Minnehaha Ave. special assessmen which was erroneously assess Yeas - 5 Nays - 0 Adopted. C.F. No. 273615. Resolution amending the 1979 Budget and transferring $6,648 from ContingentReserve- General to City Hall and Court House Maintenance -Remodeling the jury assignment room on the eighth floor of City Hall. (Finance committeee recommends app Adopted. Yeas - 5 Nays -C.F. No. 273616. Yeas7 P5Nays Plan as part of the St. Paul Comprehensive Plan. Resolution adopting the Distr Adopted. C.F. No. 273617. Resolution authorizing proper City officials to request an extension of the Native American Grant from the Minneas sota Dept. of Health. Adopted. C.F. No. 273618. Resolution granting Close Out Sale license to National Content Liquidators a 363 St. Peter St. yeas - 5 Nays - 0 Adopted. C.F. No. 273619. Resolution authorizing payments out of Tort Liability of $8.99 to Harold W. Thiel and $100.49 to Eugene Glanz in full settlements of claims for damages. Yeas - 5 Nays - 0 Adopted. C.F. No. 273620. Resolution granting transfer of Taxicab vehicle license issued to Yellow Cab Co. from a 1975 Plymouth to a 1977 Ford. Nays - 0 Adopted. Yeas - C.F. No. 273621. Resolution granting new Sunday On Sale Liquor License to Minnehaha Tavern,Inc. at 1773 E. Minnehaha Ave. Yeas - 5 Nays - 0 Adopted. C.F. No. 273622. y On Sale Malt Beverage License to Newell Par Booster Resolution granting Temporar Club at 685 W. Minnehaha Ave. Yeas - 5 Nays - 0 Adopted. C.F. No. 273623. Resolution granting various licenses 5to persons as listed. Adopted. Yeas - C.F. No. 273624. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that theYeameeting be adjourned. Adopted. ATTEST: Copies sent to Councilmen Minutes approved by Council LE� City Clerk. 57743. MINUTES OF THE COUNCIL 9:00 A.M. August 29th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 9:10 A.M. Present - Councilwoman Hunt, Councilmen Levine, Maddox, Mr. Vice President Tedesco ... 4 Absent - Councilwoman Showalter, President Hozza... 2 (Councilwoman Showalter arrived at a point during the meeting.) Bingo Application - Arcade Phalen Post 577, American Legion, 1060 University Avenue, 50 periods. (Kenneth Voges, Adjutant, and Gary Braun, Manager, notified to attend.) The following resolution was submitted. C.F. No. 273626. Resolution granting Bingo Game Licenses to Arcade -Phalen Post 577, American Legion at 1060 University Avenue. Adopted. Yeas - 4 Nays - 0 Councilwoman Showalter arrived at this point in the meeting. Request by Roger Vannelli, Como Recreation, Inc., 1013 Front the Avesecond to speak khalfof to the License Committee about the penalty fee for late payor ent the On Sale Liquor License fee. (Roger Vannelli notified to attend. This matter was previously considered on August 22, 1979.) a memorandum from the Councilman Tedesco presented a letter of Mr. Vannelli enclosing Forest Lake Post Office stating that mail could be postmarked a day later when it is received in the Post Office in the P.M. Councilman Tedesco recommended that relief be granted for the late fee and Mr. Starr said he has reviewed the letter and it appears to be acceptable. Councilwoman Hunt moved that the letter be incorporated into the record and that the appropriate resolution be drawn. Adopted. Yeas - 5 Nays - 0 Public Hearing on the application for Class A2 -Grocery and Butcher License and Class C1 -Restaurant License by David R. Cossetta at 226 Ryan Avenue. (Recommended for denial by the Division of License and Permit Administration. This matter was previously considered on August 15, 1979.) Mr. Carchedi said he has received a letter from Doctor Cox in the Health Dept. stating that necessary improvements are being made and recommending the matter be laid over indefinitely. Councilwoman Hunt moved that the matter be continued indefinitely. Adopted. Yeas - 5 Nays - 0 Public Hearing on the application of Ray Anderson, 541 DeSoto Street for a Building Contractor's License. (Recommended for denial by the neighbors and concerned citizens.) Mr. Carchedi, License Inspector, was sworn in and answered questions of Mr. Garvey, Assistant City Attorney, concerning the Building Contractor's License application of Ray Anderson. Mr. Carchedi said the Building Contractor License is categorized as a person license rather then a location license and they have reviewed the license and recommend approval. He said inspectors have reviewed the site and there have been no tags issued recently. Bill Tilton, attorney representing the Payne-Minnehaha Community Council, said the people object beyond the application requirements and the Council can examine the quality and fitness of the applicant. He referred to previous problems and to reasons why the license can be denied and he referred to the revocation of the Junk YardLicenseebut and other legal actions against Mr. Anderson. He said the zoning may be apprp riatactivities on industrial and residential lots are inseparable and the main objection is to any expansion of the business at this location. nhborhood but now trucks and dumping Lena Yarusso, 505 Hopkins, said this was a g g by Mr. Anderson are disturbing. (Discussion continued on the following page.) 577J \ August 29th, 1979. (Discussion continued from previous page.) Eileen Weida, President of the Payne-Minnehaha Community Council, said no matter what licenses Ray Anderson gets he abuses them and the referred to debris and loaded trucks on the property and to a full dumpster on the street today and to other materials stored on the property. She said she thinks a new licensemightlead to storage of bath "tubs and toilets etc. and she urged that the nuisance ordinance be invoked. She referred to a letter from the Mayor's Complaint Office outlining the problems and referring to the help of the Planning and Economic Development Dept. to relocate. the operation and to the lack of cooperation by Mr. Anderson. Councilman Levine asked the attorney whether some of the remarks on activities consti- tute a nuisance and Mr. Starr said the evidence so far is competent to action by the Council to deny the license and if testimony included violations of law the Council could make a determination on the license. Douglas McMillan, attorney representing Mr. Anderson, said he would have objected to much of the testimony because it is heresay. He said it is difficult to consider• old information in connection with a new application for a Building Contractor License and he said the conduct of the rubbish hauling activities is what has disturbed the neighbors. He suggested that there is an opportunity to alleviate some of the problems and he said with a Building Contractor License, Mr. Anderson would have another source of income which could lead to leaving the rubbish hauling business. If the application is denied he said, the city is once again interferring with Mr. Anderson's_ pursuit of income. John Essene, CPA for Mr. Anderson, referred to discussion with the Planning and Economic Development Dept. which he said have not been terminated but could not be completed be- cause the other sites require financing that is not available. He said harassment has negatively effected the business and relocation is the only solution. At the question of Mr. McMillan, Mr. Essene said volume from trash hauling has decreased and one half of the waste hauling routes have been sold and he thinks it is feasible to get out of the waste hauling business. At the question of Councilman Tedesco, Mr. Essene said approximately twenty per cent of the income is from waste. hauling and the largest volume is from industrial waste hauling. At the question of Mr. Tilton, Mr. Essene answered questions about the types of hauling and questions relating to discussions with the city on relocation. The Council at this time recessed. the Anderson hearing until later in the meeting. (See continued discussion below. I\ Application for the transfer of the On Sale Liquor License issued to Fred D. Primoli at 955-59 Arcade Street to Primo's Fine Food and Liquor, Inc. and Fred D. Primoli at the same address. (Sherman S. Horowitz notified to attend. This matter was pre- viously considered on August 22, 1979.) The following resolution was submitted. C.F. No. 273625. f On Sale Liquor License, Sunday On Sale Liquor License, Resolution granting transfer o Restaurant, Off Sale Malt Beverage, Tavern and Cigarette Licenses from Fred D. Primoli at 955-59 Arcade Street to Primo's Fine Food and Liquor, Inc.and Fred D. Primoli at the same address. Mr. Tonda appeared and said even though a check has been issued to the pension fund he still opposes the transfer: Roll call on the resolution. Yeas - 5 Nays - 0 Adopted. (Continued discussion on the Ray Anderson hearing.) Mr. Anderson appeared and answered questions of Mr. McMillan and said attempts to.re- structure the business as stated by Mr. Essene were true and accurate. He said one hundred per cent of his business at one time was rubbish hauling and this has been reduced and he has sold one of the two routes. He said he made application for Building Contractor's Licenses in order to reduce the rubbish hauling even further. He also answered questions about the discussion on relocation and said it is essential to have a building on any property considered for his business use. Mr. Anderson said there are other business activities in the area that run trucks on DeSoto and he described the hauling operation of construction material that involves no garbage and he referred to steel stored on the property that is used to make roll off boxes. At the question of Mr. Garvey, Mr. Anderson answered questions about the application for Building Contractor's License and said the answers were true in all respects. Mr. Segal said a conviction of Mr. Anderson was for storing solid waste in improper containers. At the question of Mr. McMillan, Mr. Anderson said he cannot read and Mr. McMillan said there may be a misunderstanding of the question. (Discussion continued to the following page.) (Discussion continued from the previous page.) Mr. Carchedi said they usually do not ask the applicant to include misdemeanors in the question as it pertains to crimes on the application.. At the question of Mr. Tilton, Mr. Anderson commented on'the 'storage of trucks on the property and previous",activities similar to contracting. At the question of Mr. Segal, Mr. Andersonsaid he has been in operation and in the excavating construction business for thirty one years. At the question of Councilwoman Hunt, Mr. Anderson said he has only had legal advice when there has been a problem. No one else appeared and the public hearing was at this time closed with discussion limited to Councilpersons. Mr. McMillan, attorney for -Mr. Anderson, urged that the matters be separated and that the past conduct not be included in this application. He urged consideration of Mr. lihood for thirty one years and he said they Anderson's education, background and live are exploring relocation but lack funds. He suggested approval of the License with proper restrictions. Mr. Tilton, attorney for the residents, said the main issue is that activities at that location are imcompatible with the neighborhood and the Building Contractor's License will help him stay-at`the present location and some of the activities will become - legal by granting the license. tion be denied based on information and facts Councilman Maddox moved that the applica presented. Councilwoman Hunt asked if the City Attorney could defend the Council action and if the proper record has been established and it was agreed that the Council will incorporate the findings in their action. Councilwoman Hunt said she thinks there has been a serious lack of communication with Mr. Anderson and he needs outside help to advise him on the application and carrying out his business activities. She said she is reluctant to grant an additional license unless there is better communication established. Councilman Levine said the presentation of Mr. McMillan was good but the whole problem is that the business is not compatible with the neighborhood and the way to solve it is not to grant another license. Councilwoman Showalter said the neighbors have been before the Council many times and tly doesn't understand his the situation is intolerable and Mr. Anderson apparen obligation to the neighbors. include denial based on the following findings: Councilman Maddox asked that his motion 1. The misrepresentation on the application. \ 2. The past excavating work without a license. 3. History of zoning problems at that particular location. 4. Past failure to respond to the resolution of the Council reference the use at 561 DeSoto. 5. Denying that he would do that in the future. 6. Inappropriate use to the residential neighborhood. Roll call on the motion. Yeas - 5 Nays - 0 Adopted. Mr. Carchedi said a letter has been recdived from the attorney representing Peggy Kruger requesting that a public hearing date for Sept. 5th, 1979 be rescheduled to Sept. 19th, 1979 and Councilman Maddox moved that the request be granted. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 %JOU4RN D AT 11:50 M. Counc'1 Pre de ATTESTS'` City Clerk.' p Copies sent to Councilmen 9 Minutes approved by Council �1I F/% 57746. MINUTES OF THE SPECIAL COUNCIL MEETING 7:00 P.M. August 29th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Hozza at 7:05 P.M. Present - Councilwomen Hunt, Showalter, Councilmen Levine, Maddox, Tedesco, President Hozza ... 6 Absent - None. President Hozza announced that the purpose of the meeting is to hear candidates to fill the vacancy in Seat F on the City Council and the rules of procedure as established by resolution and a list of the names of candidates was read. Sharon (Scarella) Anderson appeared and submitted a statement criticizing the procedures of the Council to fill the vacancy and was notified by Council President Hozza that she had exceeded the three minute time limit as set out in the procedures. The Council at this time was ordered recessed for a short time to restore order and then reconvened. Mr. Robert Battle appeared and cited his reasons for wanting appointment to the City Council and expressed interest in housing, the police chief appointment and budget matters. John Beck appeared and cited his background and resume and urged a special election be called or the seat be left vacant and he said the Council could appoint him as a caretaker and he would give his word that he would not run in the spring election and will also appoint Mary Osiecki as deputy to carry out the philosophies of Rosalie Butler. Pat Beck appeared and cited her background activities with the DFL and other volunteer activities and said she would throw her support to her husband. Albert J. Brisson, Sr. expressed interest in the NSP franchise fee matters and said he is a very controversial person and he said Mr. McMahon is selling cars in his front yard without a license and he urges that a special election be called or the seat be left open. JoAnn Cardenas de Enos appeared and said she is a candidate with sensitivity to neighborhoods and she cited her education and volunteer background and the programs she is interested in. Carol Connolly appeared and expressed her concerns for city programs and referred to her consideration for DFL endorsement and said the office belongs to the people of the city and to a person representing the needs of the total city. \ Eugene E. Conway, Sr. appeared and cited his educational and work background and referred to his interest in city problems and he listed a number of organizations and committees that he is involved with and he offered himself to fill the rest of the term and not run for election in 1980. Edward C.Dike, Jr. said he is not criticizing, he has no issues, and is not sponsored by anyone but feels he should be involved in the affairs of the city. Ann Elkha:tib appeared and said she has campaigned many times for the Democratic Party and as a councilman would work for senior citizens and the handicapped. George R. McMahon cited his record of community services and business experience and said thirty five thousand people voted for him in the last election for this same seat and a councilman should represent all the residents and not just those who voted for him or his opponent. Constance J. Perozino appeared in protest to the procedure and submitted a statement for the record. Bernice A. Peterson did not appear but had a statement read by Sharon Anderson. Lorraine Reed appeared and said she represents concerned citizens and she filed a petition in support of an election and protested the whole matter. John A. Seppala appeared and expressed concern about issues and said as a policeman he became sensitive to the needs of the neighborhoods. Caroline Thomford appeared and said Mary Osiecki is more qualified than George McMahon and she favors a general election to fill the vacancy. David 0. Van Ness said he would look forward to working to reduce spending, approve housing and be partners in progress with business. Wilfrid M. Weber said he filed for the vacancy because he was a candidate at the last election and is a member of the American Party and a born again Christian. (Discussion continued on the following page.) 57747 \ August 29th, 1979. (Discussion continued from the previous page.) Art Wilde appeared and said he has been active in the DFL and he criticized the procedure for appointment. He said the Council has lost touch with the people and as a councilperson he would hope to open the communication channels between the Council and the people. Councilwoman Hunt asked for a one minute response from candidates who wished to respond on the problem of waste disposal. Mr. Battle said he thinks the problem should be investigated more, fully. Ms. Cardenas de Enos said we should investigate the use of waste aterials as fertilizers. Mr. Wilde said we should avoid waste as much as possible and treat waste as a raw material. Ms. Connolly said she would like to continue the study of converting solid waste to energy. Mr. McMahon said we should look at a steam plant possibility and for use as a fertilizer. Mr. Conway said we should conserve as much as possible and investigate the use of waste as energy. Mr. Van Ness said we should look at solid waste as a raw material and a source of revenue. At thiHansonsandmGeorgetie ers of F. Keeganginia were readdintoames J. the recordgbecausenthey Guzman, Wayn pre- B. sent. Councilman Levine referred to the importance of budget matters and asked for a resonse from candidates on priorities in considering tax levels. Ms. Connolly said there should be a study to see if we are getting our money's worth and she thinks it is important to let people help set priorities. Mr. Conway said if the councilpersons were commissioners of departments there would \ be salary savings and complaints could be directed at a department with the complaint department eliminated. Mr. Battle said food, shelter and clothing would be his top priorities. Ms. Cardenas de Enos urged that the 17 Districts be consulted on the budget Mr. McMahon said we should maintain basic health and safety services and seek federal and state funds to subsidize the budget. John Beck said the priority should be to cut the budget. Mr. Van Ness said we should contact people for their ideas. Mr. Seppala said services should not be cut but there should be an evaluation to see if services are cost effective. Mr. Weber said we should keep the citizens involved. Mr. Wilde said we should increase efficiency and cut jobs by attrition. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 A U R N E D AT 4itr. M. Coun '1 Pr ATTEST: .r City Clerk:' Copies sent to Councilmen Minutes approved by Council 57748 ✓ MINUTES OF THE COUNCIL 10:00 A.M. August 30th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Hunt, Levine, Maddox, Showalter, Tedesco, President Hozza... 6 Absent - No one. Hearing was held on the District 16 Plan. Mr. Tom Zahn of the�Planning and Economic Development Department reviewed highlights of the plan and Mr. Bill Clapp from the board of the Summit Hill Association said he feels there is nothing to controversial in the plan and he urged approval of it. No one else appeared. Councilman Maddox moved approval of the plan with the proper resolution to be prepare for consideration on the September 11, 1979 Council Agenda. Adopted. Yeas - 6 Nays - 0 C.E. No. 273560. THIRD READING. An ordinance repealing Section 83.01 through 83.06 of the Legislative Code pertaining to municipal parking lots. (provision obsolete) Laid over to September 6th for Final Adoption. C.F. No. 273561. THIRD READING. An ordinance amending Chapter -130 of the Legislative Code providing for appointment of adult crossing guards and striking the present 130.02 and substituting a new 130.02. Laid over to September 6th for Final Adoption. C.F. No. 273562. THIRD READING. An ordinance amending Sections 131.01 through 131.03 of the Legislative Code entitled Traffic Code -Various Offenses. (Provisions are obsolete) Laid over to September 6th for Final Adoption. C.F. No. 273563. THIRD READING. An ordinance amending Chapter 132 of the Legislative Code entitled Traffic Code -Accidents and repealing Section 132.01 through 132.05 and 132.07 as obsolete. Laid over to September 6th for Final Adoption. C.F. No. 273564. THIRD READING. An ordinance amending Chapter 133 of the Legislative Code entitled Traffic Code - Control of Traffic and striking certain sections as obsolete. Laid over to September 6th for Final Adoption. C.F. No. 273565. THIRD READING. An ordinance amending Chapter 134 of the Legislative Code entitled Traffic Code - Rules of the Road and striking certain sections as listed as obsolete. Laid over to September 6th for Final Adoption. C.F. No. 273566. THIRD READING. An ordinance amending the Legislative Code by repealing certain obsolete chapters as listed. Laid over to September 6th for Final Adoption. C.F. No. 273567. THIRD READING. An ordinance amending Chapter 136 of the Legislative Code entitled Traffic .Code - Weights and Load Restrictions and repealing Chapter 136 in its entirety except for 136.13 which shall be amended and renumbered as 136.01. Laid over to September 6th for Final Adoption. C.F. No. 273568. THIRD READING. An ordinance amending Chapter 140 of the Legislative Code entitled Signs and Signals on Bridge Piers or Street Obstructions, strike and substitute the words Director of Public Works in lieu of the words Commissioner of Public Safety and City Clerk where same shall appear. Laid over toSeptember 6th for Final Adoption. J 57749. \ August 30th, 1979. . C.E. No. 273569. THIRD READING. An ordinance amending Chapter 144 of the Legislative Code entitled General Parking Restrictions by repealing certain obsolete sections as listed AND repealing Chapter 212 entitled Parking Lots and Garages; Use of Streets. Laid over to September 6th for Final Adoption. C.F. No. 273570. THIRD READING. An ordinance amending Chapter 145 of the Legislative Code entitled No Parking Zones and amending Section 145.01 and 145.04. Laid over to September 6th for Final Adoption. C.F. No. 273571. THIRD READING. An ordinance amending Chapter 146 of the Legislative Code entitled Limited Parking Zones and amending Section 146.01 and 146.03. Laid over to September 6th for Final Adoption. C.F. No. 273572. THIRD READING. An ordinance amending Chapter 147 of the Legislative Code entitled Parking Meter Zones and amending Sections as listed. Laid over to September 6th for Final Adoption. C.F. No. 273573. THIRD READING. An ordinance amending Chapter 149 of the Legislative Code entitled Parking During Emergencies and amending sections as listed. Laid over to September 6th for Final FIRST READING. Adoption._ C.F. No. 273627. pertaining to Parking Meter Zones An ordinance amending Ordinance No. 13539 arts of Wabasha and part of 4th St. and deleting parts of Wabasha and adding p Laid over to September 6th for Second Reading. C.F. No. 273628. FIRST READING. An ordinance granting permission to Champion International Corp. to construct, operate and maintain three 4" diameter conduits with cable across Hampden Ave. near University Ave. over to September 6th for Second Reading. Laid FIRST READING. C.F. No. 273629. property located An ordinance amending Chapter 60 of the Legislative Code rezoning p P Y at the southeast corner of Griggs and Hewitt aka parts of Lot 14 and 15, Block 2, \ Gilbert's Addition. Laid over to September 6th for Second Reading. 1090 Earl St., St. Paul, Minnesota, filed Claim of Virgil Adams, The Dairy Store, on August 22, 1979, was read. Referred to the City Attorney's Office. Claim of John Ehrnreiter, 575 Ashland St., St. Paul, Minnesota, filed on August 23, 1979, was read. Referred to the City Attorney's Office. e., St. Paul, Minnesota, filed on August 27, Claim of Cameron Hunt, 2150 St. Anthony Av 1979, was read. Referred to the City Attorney's Office. el, Apt. 304, St. Paul, Minnesota, filed on Claim of Janice Marie Johnson, 834 N. Haz August 27, 1979, was read. Referred to the City Attorney's Office. Claim of Barbara Lilly by Attorney Ronald L. Beal, 1400 Northern Federal Bldg., St. Paul, Minnesota, filed on August 23, 1979, was read. Referred to the City Attorney's Office. 3118 Nicollet Ave., Minneapolis, Minnesota, Claim of Metropolitan Transit Commission, filed on August 27, 1979, was read. Referred to the City Attorney's Office. Claim of Elizabeth Trost by Attorney Paul J. Gatto, 2350 West Seventh St., St. Paul, Minnesota, filed on August 21, 1979, was read. Referred to the City Attorney's Office. avid J. Pelton versus the City of St. Paul Summons and Complaint in the matter of D Personnel Dept. Referred to the City Attorney's Office. J 57750. \ August 30th, 1979. Summons and Complaint in the matter of Margie Zabel versus the City of St. Paul. Referred to the City Attorney. Letter of Minnesota Mutual Life Insurance Company transmitting premium rates, effective January 1, 1980, for Group Life and Accidental Death and Dismemberment Coverages of City employees. Filed. Letter of the Minnesota Mutual Life Insurance Company transmitting premium rates for optional life insurance coverages of city employees. (Effective January 1, 1980) Filed. Administrative Orders: D 5021 - Addition of $1,190 to the Construction of the Orchard Recreation Center Project. D 5022 - Extension of time for completion of the Cherokee Parkway, Mendota Street I.T.A. and Morton Street I.T.A. projects. D 5023 - Deduction of $3,463 in the construction of a new traffic control signal at the intersection of Arcade Street and Magnolia Ave. D 5024 - Payment of $41.80 from the Workers Compensation Account to Anthony Renteria, Dept. of Community Services employee. D 5025 - Payment of registration cost of $100 for Joseph Levy's attendance at the meeting of the American Planning Association. D 5026 - Authorization to HRA officials to sign -off on the Establishment for Fair Re -Use Values of parcels as listed. D 5027 - Payment of $41.80 out of the Workers Compensation Account to Lawrence Michalitsch, Dept. of Community Services employee. C.F. No. 273630. Resolution approving various project budget amendments and transfers in the first 4 years of the Community Development Block Grant Program. Adopted. Yeas - 6 Nays - 0 C.F. No. 273631.. Resolution authorizing a contract between the City of St. Paul and Midas Corp. for management of parking in the City Market Facility. Adopted. Yeas - 6 Nays - 0 C.F. No. 273632. Resolution authorizing the State Commissioner of Transportation to act on behalf of the city to take necessary steps to have street lighting and sewer improvements in the Irvine Park Historic District approved by the Federal Highway Administrator as a Federal Aid Project. Adopted. Yeas - 6 Nays - 0 C.F. No. 273633. Resolution authorizing a Land Lease between the City and Chicago, Milwaukee, St. Paul and Pacific Railroad Co. for property acquired for expansion of the Homecroft School site. Adopted. Yeas - 6 Nays - 0 C.F. No. 273634. Resolution denying the appeal of Midwest Plastics, Inc. and Myron Roth, Jr. from a decision of the Board of Zoning Appeals regarding property at 1422 Ames Ave. Adopted. Yeas - 6 Nays - 0 C.F. No. 273635. Resolution denying the appeal of Prairie Chicken, Inc. to a decision of the Board of Zoning Appeals of property at the southeast corner of White Bear Ave. and Old Hudson Road. Adopted. Yeas - 6 Nays - 0 C.F. No. 273636. Resolution granting petition of Richard A. Kuehlwein and Gary Johnson for the vacation of part of Cottage Ave. Adopted. Yeas - 6 Nays - 0 C.F. No. 273637. Preliminary Order for the reconstruction of the sidewalk on both sides of Juliet Ave. from Albert to Pascal Street abutting Lots 21-27, Block 2 and Lots 6-11, Block 3 of Lane Manor Addition AND setting date of public hearing for September 25, 1979. Adopted. Yeas - 6 Nays - 0 57751 \ August 30th, 1979. President Hozza said the next item on the agenda would be to fill the vacancy in Seat F on the City Council. Councilman Maddox said several weeks ago he committed himself to a person and he said there are many important issues decided by a split vote and he stressed the importance to fill the position and referred to the cost of a special election not to consider the expenditures of candidates. He at this time placed in nomination the name of George R. McMahon. Councilwoman Hunt read a statement in support of the process being used by the City Council to fill the vacancy and she said this procedure is provided in the charter approved by the people and the seat is to important to leave vacant. She at this time placed in nomination the name of Carol Connelly. President Hozza asked three times whether there were further nominations and hearing none the nominations were closed. President Hozza also referred to the cost of a special election and said the Council is bound by the provisions of the charter. He referred to tie vote situations and the need to fill the vacancy and he said based on qualifications and experience he will support George McMahon. Upon roll call vote George McMahon received five votes and Carol Connelly received one vote. (Councilwoman Hunt) The following resolution was submitted. C.F. No. 273638. Resolution approving the election of George R. McMahon to fill seat F on the City Council for the remainder of the unexpired term of Mrs. Rosalie Butler. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt offered her congratulations to Mr. McMahon and her desire to work cooperatively with him on the City Council. Mr. McMahon thanked the City Council for a vote of confidence and said he will do his best to represent everyone in the City of St. Paul. It was noted that a request has been received to set a date of hearing for \ September 25th, 1979 at the Midway Y.M.C.A. to consider the District 11 Plan. Councilman Maddox moved that a date of hearing be set for September 25th at 7:30 P.M. at Midway Y.M.C.A. Adopted. Yeas - 7 Nays - 0 Councilman Maddox referred to the rock concert at Midway Stadium last night and said that although it was not as bad as the previous concert there were still a drinking and a noise problem in the neighborhood and he will be recommending that the moratorium be continued and the task force formed. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 57752." MINUTES OF THE COUNCIL 10:00 A.M. September 4th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Hozza at 10:10 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Tedesco, President Hozza...7 Absent - No one. Approval of minutes of City Council Meetings for August 7, 8, 9, 14, 15, and 16, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 7 Nays - 0 Hearing was held on the petition of Shepard Park Development for the vacation of Springfield St. lying north of Steward St. 145 feet and south of southerly line extended of Lot 1, Block 11, Palisade Addition. Mr. Donovan reviewed the portion of street to be vacated and said it is the last segment of streets to be vacated for the Shepard Park Development. Mr. Stu Nolan, representing the petitioner, explained the location of the street on a drawing. Mrs. Kauffer, 2190 Stewart, urged that the matter be postponed until the Council views the construction area and she also asked that previous promises of the developer be kept. Bill Cutting, 2315 Stewart, asked questions about the valuation of the property and the taxes which were answered by Mr. Donovan. Councilman Levine asked for a commitment from the developer on parking of trucks during construction and on street lighting and Mr.. Nolan said he would agree to a street light and they are in the excavating stage with a short period of high truck traffic. Councilman Levine said we should get a temporary street light and Mr. Schonberger said he would check into the situation. Nolan . said the property Ms. Kauffer asked what is going in on the property and Mr. P P y is zoned for multiple use. Councilwoman Hunt left the meeting at this point and returned later in the meeting. Councilman Levine said appeals for: -.the property have not been granted and the \ developer would have to meet the zoning requirements. Councilman Levine moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of Donald and Margery Turek for the vacation of the north 31 of Magoffin Avenue lying between the Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-of-way and the northerly extension of the west right-of-way line of Collette Place. Mr. Don Turek, 1945 Magoffin, appeared in favor of the vacation of street but objected to the compensation and he said it is to high and he doesn't think the city needs or wants the property. Councilwoman Hunt returned to the meeting at this point. At the question of Councilman Hozza, Mr. Donovan explained the compensation and said compensation was charged for the south one half of the street which was vacated in 1976. After some discussion Councilman Maddox moved approval of the petition with the compensation in the resolution to be determined after a meeting between Mr. Donovan and Mr. Turek and if there is no agreement the matter would come back to the Council for further consideration. Adopted. Yeas - 7 Nays - 0 57753. September 4th, 1979. RESOLUTION RATIFYING ASSESSMENT. In the matter of opening, widening, and extending Gabriel Road by condemning various properties, under P.O. 272905. Letters of objections to the award of damages were noted filed by Mr. and Mrs. Gary Henderson, Diane Quastand Mrs. Robert Singer. Kathy Henderson appeared and read a letter that was submitted earlier by mail setting out their objections to the award of damages and Mr. Donovan recommended that the matter be laid over one week to review the damages with property owners. Councilman Tedesco moved that the matter be laid over for one week to September 11th. Adopted. Yeas - 7 Nays - 0 C.F. No. 273639. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement in the land necessary for slopes, cuts and fills in connection with the improvement of California Avenue from Payne Avenue to Parkway Drive, under P.O. 272871. Mrs. Mateyka, daughter of Mrs. Hegner, said the city has offered $350 in damages but a contractor has said it would cost $900 and she read several other requests for guard rails, stop signs, etc. Joe Stiles, 761 Parkway Drive, said his garage must be lowered three feet and it can't be done with the city estimate and he has had one offer for $3,900. Mr. Donovan said there are differences in estimates and he recommended that detailed estimates be obtained and he recommended approval of the resolution in order that the work could proceed and recommended that the people file claims for damages at a later date using the regular claim procedure. Mr. Stiles asked if garage rental for the period he cannot use the garage could also be included in the claim and Mr. Starr explained claim procedures and said it is not a guarantee that the claim will be satisfied. Roy Larson, 675 E. Idaho, asked questions about the amount of slopes and elevations to his property and they were answered by Mr. Donovan. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 Abstention - 1 (Tedesco) C.F. No. 273640. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning an easement in the land necessary for slopes, cuts and fills in the grading and surfacing of Hawthorne Avenue from Westminster to Arkwright, under P.O. 272582. No one appeared. Councilman Levine moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.E. No. 273641. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning an easement for slopes, cuts and fills in the grading and surfacing of the alley in Block 1, Auerbach and Hands Addition, under P.O. 273004. No one appeared. Councilman Maddox moved that the resolution be approved. Adopted. Yeas - 7 Nays - 0 Rehearing on the improvement calling for construction of a storm sewer in Block 1, Anderson's Addition because of increased costs over original estimates. Councilman Tedesco said there are people present in favor of the improvement and he doesn't think the people should be penalized the extra cost. Mr. Schonberger referred to an agreement reached where the city will pay fifty percent of the improvement with the property to be assessed fifty percent. After some discussion Councilman Tedesco moved that the city proceed with the improvement and that the city pickup the additional cost which will not be assessed to the property owners. Adopted. Yeas - 7 Nays - 0 Councilman Tedesco left the meeting at this point and returned later in the meeting. C.F. No. 270680. FINAL ADOPTION. ORD. NO. 16557. An ordinance adding a new chapter (Chapter 398) to the Legislative Code and making it unlawful to use city property for political purposes. Adopted. Yeas - 6 Nays - 0 C.F. No. 272986. FINAL ADOPTION. ORD. NO. 16558. An ordinance amending Chapter 438 of the Legislative Code pertaining to unlawful display to minors of indecent publications, pictures or articles. Adopted. Yeas - 5 Nays - 1 (Hozza) C.F. No. 272987. FINAL ADOPTION. ORD. NO. 16559. An ordinance amending Chapter 475 of the Legislative Code pertaining to unlawful dissemnination of materials which are harmful to minors. Adopted. Yeas - 5 Nays - 1 (Hozza) \\'September 4th, 1979.. 57754 C.F. No. 273469. FINAL ADOPTION. ORD. NO. 16560. An ordinance granting permission to Omni Development, Inc. to construct, operate and maintain ornamental street lights and conduit in right-of-ways of Grand Ave. and St. Albans St., subject to terms and conditions.' Adopted. Yeas - 6 Nays - 0 C.F. No. 273470. FINAL ADOPTION. ORD. NO. 16561. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and deleting parts as listed of Mississippi and Arkwright Streets and of Jessamine Ave. Adopted. Yeas - 6 Nays - 0 C.F. No. 273471. FINAL ADOPTION. ORD. NO. 16562. An ordinance amending Chapter 60 of the Zoning Code in rezoning property located on the north side of Jenks between Westminster and Arkwright, aka Lots 35 thru 37, Block 1, Cooper's Addition. Adopted. Yeas - 6 Nays - 0 Councilman Tedesco returned to the meeting at this point. C.F. No. 273472. FINAL ADOPTION. ORD. N0. 16563. An ordinance amending Chapter 60 of the Zoning Code in rezoning property located on the east side of Kennard between Burns and Suburban, aka part of Lot 11, Block 1, Target -East St. Paul Addition. Adopted. Yeas - 7 Nays - 0 C.F. No. 273599. SECOND READING. An ordinance amending Section 308.08 of the Legislative Code repealing the multiple ownership prohibition for on -sale liquor licenses. Laid over to September 6th for Third Reading. C.F. No. 273600. SECOND READING. An ordinance amending Chapter 82 of the Administrative Code whereby "Little Davis Bacon" requirements set forth in Section 82.07 thereof shall be applicable to contracts of more than $10,000. Laid over to September 6th for Third Reading. C.F. No. 273642. FIRST READING. An ordinance establishing a mandatory retirement age of 65 for city employees in the uniformed division of the Police and Fire Departments. (Recommended for approval by the Finance, Management and Personnel Committee) Laid over to September 11th for Second Reading. Claim of Barbara J. Boar, 833 Armstrong Ave., St. Paul, Minnesota, filed on August 28, 1979, was read. Referred to the City Attorney's Office. Claim of Trudy Boehme, 396 Edmund Ave., St. Paul, Minnesota, filed on August 28, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Christine Drobnick, 510 Humboldt Ave., St. Paul, Minnesota, filed on August 30, 1979, was read. Referred to the City Attorney's Office. Claim of Kenneth A. Lettenmaier, 1529 Hague Ave., St. Paul, Minnesota, filed on August 30, 1979, was read. Referred to the City Attorney's Office. Claim of Joseph Pugaczewski, 445 E. Brooks Avenue, Little Canada, Minnesota, filed on August 29, 1979, was read. Referred to the City Attorney's Office. Claim of Cayetana C. Sabado.by Attorney Joseph J. Dudley, Jr., W. 1260 First National Bank Bldg., St. Paul, Minnesota, filed on August 29, 1979, was read. Referred to the City Attorney's Office. Claim of Steve Sjoblom by Attorney Graham Butler, 607 Commerce Bldg., St. Paul, Minnesota, filed on August 31, 1979, was read. Referred to the City Attorney's Office. Claim of George Clifford Svendsen by Attorney Joseph J. Dudley, Jr., W. 1260 First National Bank Bldg., St. Paul, Minnesota, filed on August 29, 1979, was read. Referred to the City Attorney's Office. 57755. V September 4th, 1979. t Claim of Andrew E. Williams, 1660 Dayton Ave., St. Paul, Minnesota, filed on August 31, 1979, was read. Referred to the City Attorney's Office. Petition of Daval Investment nlock 12, Winslow'sor the acation of a portioner of off t- Clair Avenue stern adjacent to Lot 6, and St. Clair. Valuation Engineer for check as to form and sufficiency. Referred to the I rates for employee Letter of Blue Cross and Blue Shield transmitting renewa group insurance and retiree group insurance for 1980. Filed. sioner of Transportation releasing a Haul Road Order No. 63119 of the Commis designation in connection with Trunk Highway 136 and 120. Referred to the Public Works Department. Letter of the Valuation Engineer reporting that the petition of 1, James asd5 aura lockWingate for the vacation of parts of Lots 19 2, and 3, Addition and Lot 9, Block 29 Clark's Second Addition is in proper form and signed by the requisite number of property owners. Filed. Letter of the Valuation Engineer reporting that the petition of Marrell Hathaway for the vacation of the alley in Block 4, Edmund Ricedditioneis,in proper form and has been signed by the requisite number of property Filed. it Co - Letter of the Valuation Engineer reportingthat the the Road,pet1on Willi uaStreet=,sNeill for the vacation of parts of John Street, Street and Kittson Street is in proper form and has been signed by the requisite number of property owners. Filed. Resolution ameeT�ormanceCevaluationseinules and providing the examination foroFireepositionsy elimination of numerical p (Second Reading and Adoption) Management ut andnPersonnel Committee and tithwas esolordered ion ebyePresident Hozzainance, g C.F. No. 273643.ules by inserting the title Director of Resolution amending the Civil 29ServiPcsoRessional-Administrative Supervisors \ Projects in Section 3,K, Grade , Group AND amending Section 32 by inserting specifications for the title. (Second Reading and Adoption) Yeas - 7 Nays - 0 Adopted. C.F. No. 273644. or Resolution authorizing the issuance of $590,000 Port Authority Revenue Bonds the purpose of financing purchase of a building located at 1020 Raymond Ave. to be used as a distribution teaser for Swenson'sNCarriagays -ge House. Adopted. C.F. No. 273645. Revenue Bonds for Resolution authorizing the issuance of $705,000 Port Authority the financing of a office and distribution center at Lexington and Pierce Butler Route for Oxygen Service Co., Inc. Nays - 0 Adopted. Yeas - 7 C.F. No. 273646. Resolution pledging $200,000 U.S. Treasury Bills, --due April 29, 1980, as collateral to protect deposits of public funds of the City with Summit National Bank of St. Paul. yeas - 7 Nays - 0 Adopted. C.E. No. 273647. an a reement whereby Thomas J. Stearns is Resolution amending C.E. No. 272086 being g to provide certain serviceending before related to 1the rMinnesota vention fPublic the iService tCommission in the gas rate case now p g tates Power Co. AND increasing the maximum sum of the contras on the part of Northern S from $9,000 to $13,500. yeas - 7 Nays - 0 Adopted. C.F. No. 273648. Resolution granting the renewal of Sunday On Sale Liquor License to Mar -Wal, Inca at 1179 E. Seventh St. Adopted. Yeas - 7 Nays - 0 C.F. No. 273649. Resolution granting various new licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273650. Resolution granting renewal of various licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273651. Resolution granting new Building Contractor licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273652. Resolution granting renewal of Building Contractor licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273653. Resolution concurring in the appointment by Councilman George McMahon of Mark Vaught as his Legislative Aide. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt moved that the rules be suspended to consider a resolution not on the agenda. Adopted. Yeas - 7 Nays - 0 \ C.F. No. 273654. Resolution authorizing an agreement with Metropolitan Council whereby the City will perform various services in the development of an Employer Ride Sharing Program in cooperation with the Metropolitan Transit Commission. Gail Weinstein of the Mayor's Office appeared and explained -the amount of the grant expected and the program. Adopted. Yeas - 7 Nays - 0 Councilman Tedesco asked to be excused from tonights City Council Meeting and Councilwoman Showalter moved that the request be granted. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 Copies sent to Councilmen /%/% Minutes approved by Council �/� 7 �% % J 57757. MINUTES OF THE SPECIAL COUNCIL MEETING 7:30 P.M. September 4th, 1979 ARLINGTON HILLS LUTHERAN CHURCH GREENBRIER & GERANIUM STREETS SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 7:40 P.M. Present - Councilmen Hunt, Levine, Maddox, McMahon Showalter, President Hozza ... 6 Absent - Councilman Tedesco...I President Hozza announced that the purpose of the meeting is to hear residents con- cerning the use of the Gillette Hospital Site. Lee Anderson, Vice President of District #5 and Chairman of the Ad Hoc Committee on the reuse of the Gillette Hospital Site, gave the background of the Committee study and said they recommended that the buildings be -demolished except for the west structure and that the land be dedicated for park use with two tennis courts and one baseball diamond. Representative Waldorf submitted and explained the results of a survey he took on the reuse of the Gillette property and he said he supports the people in their choice for park use and he referred to the concerns of some people over ball fields and parking congestion. He urged that the recommendation of the District Council be taken seriously and supported. An undentified man urged that the existing blacktop parking lot be retained for parking with the ball fields. Iry Kinstler said the District has considered alternatives and know what they want and he understands the State will fund the proposal. Representative Waldorf said State funds are not available to renovate the property although some Metroplitan Council funds might be available for park use. Senator Chenoweth said there is no known reuse for the buildings and he agreed with the recommendation to save the west wing and for park use. He said his poll showed support for park and housing with more favoring park use but he doesn't see a man- date in Representative Waldorf's poll and top priority is compatibility with the neighborhood. He said he doesn't think it would be a negative effect to have housing and park use combination and a compromise is necessary and the site must be an asset to the community. Mr. Runyon pointed out that the number one choice of Representative Waldorf's poll was park use. Mr. Forsberg, 567 Brainerd Ave., said in Representative Waldorf's poll few people favor townhouse and mixed townhouse uses and this is an opportunity to add to the park system without acquiring any homes or businesses.: Reverend Glen Hanggi, 882 E. Hawthorne, favored a combination use for the site be- cause of the need for housing and the shortage of open space to construct new housing. He said'the matter of senior citizen housing could still be explored by church groups in the area. Mr. Kinstler said there are already too many people on the east side and we don't need any more. Mr. Schertler, 875 Clear, referred to dicussion on this subject five years ago when the park was being improved and said at that time it was the intention to include the Gillette Site into the existing park when it became available and he said housing was never mentioned until last year and the community has always favored park use for the property. An undentified man urged that the buildings be razed and then a decision could be made on what to do with the property. A resident at Forest and Ivy expressed support for park use. Bob Jones, 1317 Earl, said Senator Chenoweth's poll only gave one choice and Representa- tive.Waldorf's poll was confusing and he has always assumed that when the property became available it would be used for park purposes. Mr. Runyon, 1302 Earl, referred to the comments of the Mayor and two Councilmen favoring use of the property for housing and'a study by PED was for housing uses and he asked why the Council hasn't directed PED to use their resources to find out if anyone is interested in the reuse of the buildings. He urged use of the property for park use and he said he feels all the decisions were made months ago. (Discussion continued to the following page.) 4 57758 September 4th, 1979. (Discussion continued from the previous page.) William Ash, 1003 E. Magnolia, urged 'some indication of action that the Council will take. oll of the approximately fifty people present was taken and thirty At this time a p three favored park use with one favoring a mixed use. A lady said she lives across the street from the location and said she obtained forty signatures of immediate neighbors in favor of park use. Councilman Hozza suggested that the matter be referred to the City Development Committee of toe.Whole rovideaadditionalnd that ebackgroundPlanning Dandreosttoutathree the Parks alternativesenamely be requestedP ark use -single family combination and park use with the west wing to be saved, p resent park use -townhouse combination. Councilman Maddox urgd& a fourth alternative study to investigate reuse of the p buildings. of ire city and Councilwoman Rona similaresituationCouncil mwithust cthe1ParktNurserysSitetwherehe teveryone favored she referredprocedure and the City must open space. She said she agrees with Councilman Hozza's as a attempt to Lfinevineusaidahelthare inks Representativeate Waldorf'snPoll sistaegood yone andha. le` s est for the Councilman couple of months ago there seemed to be a consensus for housing the residents e to see single family housing but after seeing the poll and hearinngg ort the tonight he would not favor more study of townhouses. He said building and would woul District recommendation with the retention of the westudy ofttownhouse use he world suggest a study of other uses but he he agreesawithaCouncilman Hozza-"_s roposal.,for further Councilwoman Showalter said she agrees p study by the City Development Committee acid she referred to the cost of maintaining be made before e said she the building and said a decision 'should a dlhallowing familyill favors a combination use retaining the west building uses. Development Committee Councilman Maddox moved that the matter be referred to the City Department of the Whole and that the staff of the Planning andothEcalternativesmic onamely pment ono and the Parks Department be directed to exp lore1. Park use only. 2. Mixed park use and single family housing. 3. Park use and townhouse use. 4.. Park use and housing for the elderly. 5. Rehabilitation of existing buildings. It was also agreed that the motion should include a study of a library use. Roll call on the motion. yeas - 6 Nays - 0 Adopted. Councilman Maddox moved that the meetting be, -adjourned. Yeas -Adopted. A D U R N E D AT 9:30 P.M. v Coun 1 P i nt. ATTEST P" f 40 cit r Clerk. Copies sent to Councilmen Minutes approved by Council i-/� �/� J 57759. MINUTES OF THE COUNCIL 10:00 A.M. \ September 6th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Hunt, Maddox, McMahon, Showalter, Tedesco, President Hozza...6 Absent - Councilmen Levine...I (Councilman Levine arrived at a point during the meeting). Councilman Tedesco moved that the rules be suspended to consider a resolution not on the agenda. Yeas - 6 Nays - 0 Adopted. C.F. No. 273655. Resolution approving and accepting the Registered Land Survey as part of Block 69, St. Anthony Park as submitted by the 6Housing and RedeveloNays - pment Authority. Adopted. Yeas - C.F. No. 273560. FINAL ADOPTION. ORD. NO. 16564. An ordinance repealing Section 83.01 through 83.06 of the .Legislative Code pertaining to municipal parking lots. (provision obsolete) Adopted. Yeas - 6 Nays - 0 C.F. No. 273561. FINAL ADOPTION. ORD. NO. 16565. An ordinance amending Chapter 130 of the Legislative Code providing for appointment of adult crossing guards and striking the present 130.02 and substituting a new 130.02. Yeas - 6 Nays - 0 Adopted. C.F. No. 273562. FINAL ADOPTION. ORD. NO. 16566. An ordinance amending Sections 131.01 through 131.03 of the Legislative Code entitled Traffic Code -Various Offenses. (provisions are obsolete) Adopted. Yeas - 6 Nays - 0 C.F. No. 273563. FINAL ADOPTION. ORD. NO. 16567. An ordinance amending Chapter 132 of the Legislative Code entitled Traffic Code -Accidents and repealing Section 132.01 through 132.05 and 132.07 as obsolete. Adopted. Yeas - 6 Nays - 0 C.F. No. 273564. FINAL ADOPTION. ORD. NO. 16568. An ordinance amending Chapter 133 of the Legislative Code entitled Traffic Code - Control of Traffic and striking certain sections as obsolete. Adopted. Yeas - 6 Nays - 0 C.F. No. 273565. FINAL ADOPTION. ORD. NO. 16569. An ordinance amending Chapter 134 of the Legislative Code entitled Traffic Co ode- An of the Road and striking certain sections as listed as obsolete. Adopted. Yeas - 6 Nays - 0 C.F. No. 273566. FINAL ADOPTION. ORD. NO. 16570. An ordinance amending the Legislative Code by repealing certain obsolete chapters as listed. Yeas - 6 Nays - 0 Adopted. C.F. No. 273567. FINAL ADOPTION. ORD. NO. 16571. An ordinance amending Chapter 136 of the Legislative Code entitled Traffice Code - Weights and Load Restrictions and repealing Chapter 136 in its entirety except for 136.13 which shall be amendedandeasrenumbered as 1366.01Nays _ 0 Adopted. C.F. No. 273568. FINAL ADOPTION. ORD. NO. 16572. An ordinance amending Chapter 140 of the Legislative Code entitled Signs an Signals on Bridge Piers or Street Obstructions, strike and substitute the words Director of Public Works in lieu of the words Commissioner of Public Safety and City Clerk where same shall appear. Nays - 0 Adopted. Yeas - 6 i 57760. September 6th, 1979. FINAL ADOPTION. ORD. NO. 16573. C.F. No. 273569.Chapter 144 of the Legislative `Code entitled General Parking Re certain obso ordinance amending lete sections as listed AND rep Restrictions by repealing Use of Streets. Chapter 212 entitled Parking Lots and Garages; Nays - 0 Yeas - 6 Adopted. FINAL ADOPTION. ORD. No. 16574. C.F. No. 273570.ter 145 of the Legislative Code entitled No Parking Cha An ordinance amending P Zones and amending Section 145.01 and 145.04. Nays - 0 Yeas Adopted. ORD, NO. 16575. FINAL ADOPTION. C.F. No. 273571. ng Chapter 146 of the Legislative Code entitled Limited Parking An ordinance amendiSection 146.01 and 146.03. Zones and amending yeas - 6 Nays - 0 Adopted. ORD. FINAL ADOPTION. RD. NO. 16576. C.F. No. 273572• Chapter 147 of the Legislative Code entitled Parking An ordinance amending Sections as listed. Meter Zones and amending Yeas - 6 Nays - 0 Adopted. FINAL ADOPTION. ORD. NO. 16577. C.E. No. 273573•ter 140 of the Legislative Code entitled Parking Cha An ordinance amending P During Emergencies and amendineasectias listed. dons Nays - 0 Adopted. Councilman Levine arrived at this point in the meeting. THIRD READING. Baling the C.F. No. 273599. Section 308.08 of the Legislative Code rep An ordinance amending uor licenses. multiple ownership prohibition for on -sale liq Laid over to Se tember 13th for Final Ado tion. THIRD READING. "Little Davis C.F. No. 273600. Chapter 82 of the Administrative Code wherebytoto Bacon" requirements set An ordinance amending forth in Section 82.07 thereof shall e app contracts of more than $ Laid over to Se tember 13th for Final Ado tion. SECOND READING. to Parking Meter Zones and An ordinance amending C.F. No. 273627• Ordinance No. 13539 pertaining Parts of Wabasha and part of 4th Street. deleting parts of Wabasha and adding P Laid over to Se tember 11th for Third Readin . SECOND READING• to construct, C.F. No. 273628. to Champion International Corp. den Ave. An ordinance granting permission h cable across Hamp operate and maintain three 4„ diameter conduits with near University Ave. Laid over to Se tember 11th for Third Reading. SECOND READING. located C.F. No. 273629. Chapter 60 of the Legislative Code rezoning property lock 2, An ordinance amending arts of Lot 14 and 15, at the southeast corner of Griggs and Hewitt aka p Gilbert's Addition. Laid over to Sept eber 11th for Third Reading, FIRST READING• ertaining to building C.E. No. ordinance . Chapter 25 of the Legislative Code p An ordinance amending fee permits. Laid over to Se tember 13th for Second Reading.Minnesota, filed on Claim of William Alan Burr, 45 So. Lexington, St. Paul, September 4, 1979, was read. Referred to the City Attorney's Office. filed on September 4, Claim of Fred M. Demko, 1090 Arcade St., St. Paul, Minnesota, 1979, was read. Referred to the City Attorney's Office. e, St. Paul, Minnesota, filed on September 4, Claim of Verna James, 1055 Lafond Avenu 1979, was read. Referred to the City At Office. 57761. September 6th, 1979. Claim of Robert T. Little, 3450 Dupont Avenue So., Minneapolis, Minnesota, filed on September 4, 1979, was read. Referred to the City Attorney's Office. Claim of Doctor D. B. Russell, 4929 N. 126th Street, White Bear Lake, Minnesota, filed on September 4, 1979, was read. Referred to the City Attorney's Office. Letter of the Ramsey Health Plan transmitting 1980 rates for employee health care program. Filed. Letter of Richard N. Pearson requesting withdrawal of his petition to rezone property on the south side of Reaney between Walsh and Weide. Filed. Administrative Orders: D 5028 - Approving HRA acquisition of property at 435 Superior St. D 5029 - Approving payment of $1,500 for purchase of structure at 586 Iglehart. D 5030 - Approving addition of $2,143.63 to contract for revision of overhead traffic signals at various location. D 5031 - Approval of $16,735.10 addition for contract of construction of Baker Community Center. C.F. No. 273657. Resolution approving expenditure of $10,000 of public funds to assist in the promotion and carrying out of the 125th Anniversary Celebration and transferring said sum from Contingent Reserve to the Dept. of Community Services. Adopted. Yeas - 7 Nays - 0 C.F. No. 273658. Resolution transferring $2,000 in the 1979 Budget from Contingent Reserve -General to Public Health Clinical Programs to finance the deficit of the North End Health Center. Adopted. Yeas - 7 Nays - 0 C.F. No. 273659. Resolution authorizing property acquisition for south of Front Redevelopment Area, Community Development District 6. Adopted. Yeas - 7 Nays - 0 \ C.F. No. 273660. Resolution authorizing an agreement between the City and Ramsey Action Program, Inc. wherein RAP will pay the City $3,750 for supply expenses incurred in Summer Youth Recreation Programs. Yeas - 7 Nays - 0 Adopted. C.F. No. 273661. Resolution authorizing an agreement between the City and Ramsey Action Program, Inc. wherein RAP will pay the City the sum of $3,148.20 for expenses incurred in the Summer Youth Recreation Program. Adopted. Yeas - 7 Nays - 0 C.F. No. 273662. Resolution authorizing an agreement with ISD 4625 for school health services in non-public schools for the period from Sept. 1, 1979 to June 13, 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 273663. Resolution authorizing a lease agreement with Zimmerman Realty, 1954 University of the Division of Health Ave. for the rental of Office Suite #2 for the purposes conducting its Women, Infants and Children's Supplemental Food. Adopted. Yeas - 7 Nays - 0 C.F. No. 273664. Resolution authorizing an agreement between the City and County of Ramsey whereby the County will provide the City with the services of Shirley Bowens, R.N. in the Model Cities Health Clinic's geriatric health program. Adopted. Yeas - 7 Nays - 0 C.F. No. 273665. Resolution authorizing removal of a public stairway in Greenbrier St. between Margaret and Beech Streets. Yeas - 7 Nays - 0 Adopted. i/ \ 57762. September 6th, 1979. C.F. No. 273666. Resolution accepting a deed of conveyance for property in Block 12, Ridgewood Park Addition for alley purposes from Crown Construction Co. Adopted. Yeas - 7 Nays - 0 C.F. No. 273667. Preliminary Order for installation of a water main in Fry St. from Hewitt Ave. to 200 feet south AND setting date eaof-public hearingforaysOct ber 2, 1979. Adopted. C.E. No. 273668. Preliminary Order for the installation of a water main in Clarence St. from York Ave. to 48 feet south AND setting date of public hearing for October 2, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273669. Preliminary Order for the installation of a water main in Fifielober d 1979from ComoAve. to Brewster St. AND setting date of public hearing forAdopted. Yeas - 7 Nays - 0 C.F. No. 273670. Ing, paving, constructing concrete curb an gutter Preliminary Order for the grad and construction of storm water drainage facilities in Fifield St. from Brewster St. to Como Ave. AND setting date of public hearing for October 2, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273671. Preliminary Order for the condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading of proposed Fifield St. from Brewster St. to Como Ave. AND setting date of public hearing for October 2, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273672. Preliminary Order for the construction of a sanitary sewer in Fifield St. from Brewster St. to Como Ave. AND Ysetting date of public hearing for October 2, 1979. Adopted. C.E. No. 273673. nt for construction of sanitary sewer and sewer service Resolution approving assessme connections in Springside Drive from Allston St. to Pt. Douglas Rd., in Lenox Ave. from Winthrop St. to relocated Wildview Ave., in portions of relocated Wildview Ave., in Allston St. from an easement to Springside Drive and in St. from Lenox Ave. to relocated Wildview Ave. ve. underP.O268517AND settngnthrop date of hearing for October 9, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273674. Resolution approving assessment for constructing water main and water service llston St., Wildview Ave., Lng forv e. and connections on portions of AOctober 9, 19.79. Winthrop St. under P.O. 266966 AND -setting date of hearinOg Adopted. C.F. No. 273675. lling a public water main in Suburban Ave. Resolution approving assessment for insta from Frank St. to 300 feet east of the centerline of Frank St. under P.O. 270813. AND setting a date of hearingforeas October 9, 1979. - 0 Adopted. C.F. No. 273676. Resolution approving assessment for installing a public water main in Woodbury t. from Morton St. to 120 feet north of the centerline of Morton St. under P.O. 271134 o AND setting date of hearing for October 9, 1979. Adopted. Yeas - 7 Nays - 0 C.F. No. 273677.constructing curb Resolution approving assessment for grading and surfacing, gutter, and constructing drainage facilities in Allston St. from Springside fromeAllstonoSt. to Lenox eAveVeunder P.O.l266938dAND ls ttingdview vdate ofe. and hearing enox e to relcated hearing for October 9, 1979. Nays - 0 Adopted. Yeas - 7 57763 \ September 6th, 1979. C.F. No. 273678. Resolution denying the application of Ray Anderson dba Ray Anderson and Sons for a Building Contractor's license at 541 Desoto Ave. resent and Council President Hozza asked if the applicant or his attorney were p wanted to be heard and no one appeared. Nays - 0 Adopted. C.F. No. 273679. Resolution granting Temporary On Sale Malt Beverage License to organizations as listed. Yeas - 7 Nays - 0 Adopted. C.F. No. 273680. Resolution granting renewal of various licenses as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273681. Resolution granting various new licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 273682. Resolution granting transfer of two taxicab licenses from Cab -Line, Inc. at 40 Selby to Delmar D. Strehlow, dba Yellow Cab at the same address. Adopted. Yeas - 7 Nays - 0 C.F. No. 273683.Butcher, Off Resolution granting application of David R. Cossetta for Grocery, Sale Malt Beverage and Class C-1 Restaurant Licenses at 026 Ryan. Adopted. Yeas - Mr. Albert J. Brisson, Sr., 608 Beaumont, appeared and read and submitted a document requesting compliance by Councilman McMahon to the disclosure ordinance and also \ referring to a hearing in Federal Court. Councilman Maddox referred to a Council Resolution approved on Tuesday, September 4th, approving an agreement with Metropolitan Council concerning the development of a share ride program and he asked an explanation of the program before the City Development and Transportation Committee. Councilman Maddox asked about a License Committee hearing on cab licenses and Councilman Hozza explained why the September 5th meeting was cancelled and he said he will confer with the City Attorney and the License Inspector about rescheduling the matter. Councilwoman Hunt referred to aletter she in tcirculahe ted to the Ma she and Citthat the Councilmen concerning housing problems matter be referred to the City Development Committee and it was so ordered by President Hozza. e committee has already started discussions on housing Councilman Maddox said th problems and he also referred to problems in fund cutbacks from HUD. Council President Hozza said he sits as a board member of the YMCA but doesn't consider it a conflict of interest. The letter was referred to the City Development and Transportation Committee. Ms. Ronnie Brooks, Coordinator of the Negotiated Investment Strategy Program, appeared and explained the program and gave an update of what has taken place so far and what will happen in the next six months concerning this program. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 A 0 U R N E D T 10: 0 A.M. Council resid t. ATTEST, 9�97 q Copies sent to Councilmen q Minutes approved by Council City Cler 57764 J MINUTES OF TRE SPECIAL CITY COUNCIL MEETING 7:00 P.M--, September 10th, 1979 WASHINGTON JUNIOR HIGH SCHOOL SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 7:05 P.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Mr. Vice President Tedesco...6 Absent - Council President Hozza...I Mr. Vice President Tedesco noted that the purpose of the meeting is to hold a public hearing on the District 6 Plan. plan b a member Councilman Maddox noted that each Councitandslthere nare snordisagreements in the plan. of the Planning Council referred to many hours formulating Liz Olson a member of the District Planning the plan and said she hopes it is considered when anything comes up involving the o task district and �Sshe copiesdaresavailabletrict ninathe dre ifferentortant tdepartments. of the di Committee and she hop planslitowas difficult tolknow what ad as a eneighborhood of a task fwant deandetheseeplans giver an p lanned for the entire area. idea of what is p A man who said he runs a store at 859 Rice Street asked about future fornacquisition for his area and Mr. Grochalla of the Planning Staff said there are no p of property on Rice Street. make tries to make specific guidelines to the problems Virginia Thorsen said the p of the neighborhood. Council urged that the plan be \ Richard Goebel, Chairperson of District 6 Planning endorsed and he said he thinks the plan aseethe plan san mrecognized as a good plan and he Councilman Levine said he is happy to s it. feels this area can affectively imp plan three times as a member Councilman McMahon said he has voted on the district p plan be of the Planning Commission and other committees and he moved that the approved by the City Council. take art in early renewal programs and Councilwoman Hunt said the area did not especially in the field of housing. now the area can profit under this program ears ago and he referred to Mr. McManus recalled interest by the area in housing y a lot of social needs in the area and explained efforts to comb l e all agencies in the new multi service center and he urged support by the Roll call on the motion. Yeas - 6 Nays - 0 Adopted. The meeting was thereupon adjourned. (7:25 P.M.) 57765. MINUTES OF THE COUNCIL 10:00 A.M. September 11th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Mr, Vice President Tedesco ... 6 Absent - Council President Hozza...l tion of Clarence P. and Marguerite J. Kimmel for the Hearing was held on the peti vacation of the alley in Block 1, Slayton's Linwood Park Addition. (Laid over from etitioner and others and still rec Mr. Donovan sareferred to an apparentommends denial August 28, 1979) drainage problem which should id he met with the p of the petition and he also said Mr. Kimmel be referred to the Public Works Department, Mr. Melzarek, Attorney for Mr. Owen, owner of adjacent Property,are in agreement with doesn't want to pursue the matter further and he said they denial of the petition. arrangement Councilwoman Hunt referred to a fence which encroaches into the alley and Councilman and thinks there could be a betteroaeCttbut should Levine said he viewed the alley proposed p j for truck movement and we shouldn't interfere with the prop as entrance investigate the water problem. A man"appeared and said the fence is not a question and he needs the alley to his property. Councilman Maddox left the meeting at this point and returned later in the meeting. Councilwoman Hunt moved that the petition be denied and that the drainage problem be referred to the Public Works Department. Nays - 0 Adopted. Councilman Maddox returned to the meeting at this point. RESOLUTION RATIFYING AND CONFIRMING CONDEMNATION AND C.F. No. 273684. AWARDS OF DAMAGES. opening, widening and extending Gabriel Road, under P.O. 272905. \ In the matter of op g� owners about replanting Mr. Donovan reported that he did confer with property shrubs and trees. reement with the recommended procedure and would Mrs. Qwast said Ehe is not in ag also requests that the street be done rather replant the trees themselves and she year next year but the easement be done this y commented further about the alternatives involved in shrub and Kathy Henderson . Councilwoman that bid alternatives be received and then a decision tree replanting Hunt suggestense involved. could made as to which method could be done with the least ex Al Shetka of the Public Works Staffsaitryetoeyesterday with the City Arborist remove esteand replant the trees. and the Arborist feels that they could Mrs. Qwast said they would rather deal with a nursery then file a claim with the city at a later date. approval of the resolutioy with 0 Adopted. e staff recommendation Councilwoman Hunt moved . Yeas - 6 Na returned later in the meeting. Councilman Tedesco left the meeting at this point and Councilwoman Showalter moved that the rules be suspended to consider a resolution not on the agenda. Nays - 0 Adopted. Yeas - 5 to the reappointment by the Mayor of John Galles, 411 South C.E. No. 273685. for a five ' Resolution consenting ointment of Pascal Street, as anon -tenant commissioner of the Public Housing Agency 1984 and consenting to the reappointment year term to expire September Public Housing Agency Commissioner rep Peg Fourre, 1743 East Iowa, ear term to expire September 1, 1981. elderly housing tenants for a two Y Nays - 0 Yeas - 5 Adopted. C.F. No. 273627. THIRD READING. An ordinance amending Ordinance No. 13539 pertaining to Parking Meter Zones and deleting parts of Wabasha and adding parts of Wabasha and part of 4th Street. Laid over to September 18th for Final Adoption. C.F. No. 273628. THIRD READING. An ordinance granting permission to Champion International Corp. to construct, operate and maintain three 4" diameter conduits with cable across Hampden Ave. near University Ave. Laid over to September 18th for Final Adoption._ C.F. No. 273629. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code rezoning property located at the southeast corner of Griggs and Hewitt aka parts of Lot 14 and 15, Block 2, Gilbert's Addition. Laid over to September 18th for Final Adoption. C.F. No. 273642. SECOND READING. An ordinance establishing a mandatory retirement age of 65 for City employees in the uniformed division of the Police and Fire Departments. Laid over to September 13th for Third Reading. C.E. No. 273686. FIRST READING. An ordinance repealing the present Chapter 282 of the Legislative Code and substituting a new Chapter 282 outlawing certain drug related devices AND repealing Chapter 283 in its entirety. Councilman Maddox read a statement in support of the ordinance and at the question of Councilwoman Hunt he said it is the same ordinance adopted by the City of Eagan. The ordinance was laid over to September 18th for Second Reading. Claim of Mrs. Clara M. Carlson, 937 Watson Ave., St. Paul, Minnesota, filed on September 7, 1979, was read. Referred to the City Attorney's Office. Claim of Mr. Samuel Bollinger, 1802 Van Buren, St. Paul, Minnesota, filed on September 7, 1979, was read. Referred to the City Attorney's Office. Claim of Ms. Sherri Geraghty, 1541 Simpson, St. Paul, Minnesota, filed on September 5, 1979, was read. Referred to the City Attorney's Office. Claim of Eunice Krey Jensen by Attorney D. E. Jensen, Jensen Law Building, Luck, Wisconsin, filed on September 7, 1979, was read. Referred to the City Attorney's Office. Claim of Jean M. Smith, 25580 Nelsine Drive, Excelsior, Minnesota, filed on September 6, 1979, was read. Referred to the City Attorney's Office. Councilman Tedesco returned to the meeting at this point. Letter of the Valuation Engineer recommending that the Council set a date of hearing for October 9th to consider the petition of Dart Transportation Co. for the vacation of certain streets and alleys located in Kittson Addition. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 6 Nays - 0 Letter of the Valuation Engineer recommending that the Council set a date of hearing for October 9th, 1979 to consider the petition of Summit Court, Inc. for the vacation of part of the alley in Block 13, Woodland Park Addition. Councilman Maddox moved approval of the recommendation.ays - 0 Adopted. Yeas - 6 Administrative Orders: D 5032 - Payment of $668.80 from the Workers' Compensation Account to William Peter, Dept. of Community Services employee. D 5033 - Extension of time for completion of contract for the roadway improvements to Blair Ave., I.T.A. D 5034 - Extension of time for the construction of Berry Street storm sewer. D 5035 - Extension of time for the grading and paving of Case Ave. from Arcade St. to Earl Street. D 5036 - Payment of $1,246.00 to Dr. Steven Coleman and Richard Cich who are expected to attend an Automated Fingerprint User's Group meeting at Anaheim, California. J 57767. September 11th, 1979. D 5037 - Addition of $704.00 to the North End - Multi Purpose Center contract. D 5038 - Addition of $864.00 to the North End Multi Purpose Center project. D 5039 - Deduction of $500.00 for the electrical construction of the large cat exhibit/Como Zoo. D 5040 - Acceptance of $225.16 as settlement in the third party accident involving Frank S. Foster, Police Dept. employee. D 5041 - Payment of $836.00 from the Workers' Compensation Account to Roy Berggren, Water Department employee. C.E. No. 273687. Resolution approving action of the St. Paul Board of Appeals and Review with and arshall and 61 Forest. respect to Macey,tThaomas6H.PandlMargaret�R25Bestt,Mand SondraeM.eOtto,Srespective (August R. Macey, appellants) yeas - 6 Nays - 0 Adopted. C.F. No. 273688. Resolution approving action of the St. Paul Board of Appeals and Review with respect to property at 314 Dayton/194 Farrington, 467 Ashland, 496-498 Dayton and 163 Virginia Street. (C.A. Lindeke, Marie Marcotte, August R. Macey and Walter J. Reischel, respective e appellants) Nays - 0 Adopted. C.F. No. 273689.ed as collateral to protect Resolution approving securities as listed toe pledg deposits of public funds with Guarantty State BankOfSt.OPaul. Adopted. Yeas - C.F. No. 273690. Resolution approving the District 166Plan. Nays - 0 Adopted. Yeas C.F. No. 273691. Resolution forgiving the penalty fee levied against Roger Vannelli, dba Como Rec, for late payment of second half of the On -Sale Liquorays License fee. Adopted. Yeas - 6 C.F. No. 273692. nt of $68.28 to Jon Seibold from the Tort Liability Resolution approving payme Fund in settlement of his claim. - 6 Nays - 0 Adopted. C.F. No. 273693. Resolution approving Taxicab License to P.A. Jones, dba City Wide Cab Co. to operate one taxicab. yeas - 6 Nays - 0 \ Adopted. C.F. No. 273694. Preliminary Order in the matter of constructing a water main in Trout Brook Circle from Arlington Ave. south to cul-de-sac AND setting date of hearing for October 9, 1979. yeas - 6 Nays - 0 Adopted. C.F. No. 273695. Preliminary Order for the condemning and takingan easement in tving e land necessary for slopes, cuts and fills, occasioned by the grading t Brook Circle from Arlington Ave. to approximately 800 feet south AND setting date of hearing for October 9, 1979. Nays - 0 Adopted. Yeas - 6 C.F. No. 273696. Preliminary Order for the improving of Trout Brook Circle from Ar l9gton 1979Vanue south to 6ul-de-sac AND setting date of public hearing - 0 r Adopted. Yeas - 6 NaysC.F. No. 273697. constructing a sanitary sewer in Trout ublicBhearingrfor cle from Preliminary Order for Arlington Ave. south to cul-de-sac AND setting date of p October 9th, 1979. Nays - 0 Adopted. Yeas - 6 Resolution approving the Fringe Parking and Shuttle Service program and authorizing its implementation by the Parking Administration. Councilman Maddox said it was his intention to discuss this matter at the City (Discussion continued to the following page). 57768) September 11th, 1979. (Discussion continued from the previous page) Development and Transportation ionm85tee commentedho' the parking problems in the Carol Truse representing"Operate said it is their sh intention and program bye program for Octoberuter 15th andrmarketsthe program toall the employers int by December 15th. She said the fringe shuttle program is a vital part of t e commuter alternative program. Barry Engen of the Planning Staff explained the parking shuttle program. Councilman Maddox moved that the resolution be referred to the City Development and Transportation Committee and it was so ordered by President Tedesco. with Mr. Engen as Director of the Councilman Levine said he feels comfortable hope Progresponsiblehesaid as sthe bi a usedds and sandlhechopessevent allyare etheep ogramewwillienced andHe said he thinks it will be an extension be worked out with MTC using MTC drivers. of the successful dime a ride program. Councilman Maddox said he has always been concerned about parking in the downtown area and his main concern about this program is the administration.$eptber 13th, it was agreed that the resolution would be placed on the Thursday, agenda to be considered after committee action. Mr. James Milsap appeared and said he agrees to a full investigation of the Central Village matter and he urged that a day be set aside each week by and he Y as edsthat theWashington eHUDvofficetbenof calledeineandnthatlallefindings be made lso public each week. He also said there should be an audit and these and other items should be discussed on Thursday. Maddox said an investigation was called for by the Federal Government Councilman \ and others and he also has questions of HUD but the Council doesn't have the facts and other investigating bodies should make their findings public. Councilman Maddox said he is willing to make ashington a motion providing that W HUD Office be requested to investigate the Central Village matter and Councilwoman Hunt suggested that the matter be defined in a resolution. should be Councilman Levine agreed that the matter defined and the specifics suggested Showalter sung that Mr. Milsap should be part of the resolution and Councilwoman and lMaddoxMaddox said the Arthurthe Anderson Attorney report should bethe rforwarded to Washington Councilman HUD with a request to investigate specific allegations. Mr. Milsap said the Anderson report should be thoroughly aired• re are a resolution Attorney be requested top for investigation. P Councilman Maddox moved that the City ro rams that have taken which would forward the Anderson report to the Washington HUD Office Mr. Mann, 716 Dayton, urged an investigation of all housing p g place in the Summit University Area. Roll call on the motion. Yeas - 6 Nays - 0 Adopted. Councilman Maddox moved that Yeasmee6ing be adjourned - Nays.- 0 Adopted. z • City Clerk. Copies sent to Councilmen L// 9/7 Minutes approved by Council / i 57769. MINUTES OF THE COUNCIL ON 9:00 A.M. September 12th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Hozza at 9:05 A.M. Present - Councilmen Hunt, Levine, McMahon, Maddox, Tedesco, Showalter, President Hozza... 7 Absent - None. Change of officers and stockholders in Awada, Inc., On Sale Liquor licensee at haE. Plato Blvd. (No one notified to attend). The following resolution was 199 submitted. roving the change of officers and stockholders in Awada, Inc., holder C.F. No. 273698. Resolution app of On Sale Liquor License at 199 E. Plato Blvd- - 0 Yeas eas - 7 LiquorNayLicense issued to D.L. Corporation Application for the transfer of the On SInc.at the same address. (Lauretta M. at 1183 University Avenue to J. Harold, Jung and Harold J. Tuthill notified to at The following resolution was submitte . transfer of On Sale Liquor License, Sunday On Sale Liquor License, C.F. No. 273699. Resolution granting d Restaurant, Tavern, Off Sale Malt Beve?nge atthCigarette the same from D.L. Corporation c. at 1183 University Ave. to J.Has ld, Nays - 0 Adopted. On Sale Liquor sched led e inspector It was noted that three public hearings had been ectoruthathconcerning feeshavebeen paid \ licensees and it was reported by the Licens and there is no need for the public hearing. Councilman Tedesco moved thatYeas items be laid ver indefinitely. Adopted.Session Application by the Church of St. Matthew507 Hall Avenue, for a Gambling License, along with a Bingo 1 Period License and a Temporary Sale Malt Beverage The following License. (William F. Schilling notified to attend.) wing resolution was sub- mitted. C.F. No. 273700. temporary On Sale Malt Beverage License, Gambling Session License Resolution granting temp Y and Bingo 1 Period License toChurch Yeas7of St. Nays - at 507 Hall venue. Adopted. Public Hearing on the application by David for der for a Second Hand Dealer General neighbors and District 5 License at 1080 Earl Street. (Recommended for denial y Planning Council. This matter was previously considered by the Council on August 22, 1979.) t. submitted and explained an analysis Lieutenant Richard Ekwall of the Police Dep whether the other calls in the of police calls at and int. He said there are only the vicinity of 1080 Earl StreeAttorney, three calls to the immediate address andcan't question of Garvey, As City area are related to 1080 Earl. At the q roblem and some believe he said he polled his men and some believe that 1080 Earl is a P he said is is for Mr. Doepner, it is not a pYoble�hendtherefor ofhMrcaHanzel, attorneyeror t.Dion that 1080 Earl is a problem area. At question stolen merchandise or other similar crimes at 1080 Earl lving not aware of problems invo Lieutenant Ekwall said some of the officers Street. At the question of Councilwoman Hunt, oke in opposition to from the station have conferred with the owner of rest Earl. ears ago and resenting the neighborhood residents, spoke Ray Kempe, attorney rep had complaints of nuisances two of merchandise renewal of the License and said the refrigeratorswithdoors on them and unloading with refrigerators he referred to storage of / over the sidewalk and he said he feels there is a nuisance and a danger stored with doors not removed. age.) (Discussion continued to the following P g 91 September 12th, 1979. 57770. (Discussion continued from the previous page.) Ray Ogren, 1188 E. Ivy, said in April he witnessed twenty or thirty appliances stored in the back yard and in June he witnessed an appliance on the doorstep for a weekend. He said he also witnessed the canoe paddle incident and can identify the person as an employee of the appliance store. Mr. David Doepner appeared and answered questions of Mr. Hamel concerning the nature of the business and he said he has sold appliances in the area for seven years tions and he and has not received yardaticket fwithout aolicense which wasalater dismissed. received heone cspent or operating a junk three htore waste ro liancesrfrom Searsnands doesn'tsstore them in the tback dyard. Hehssaid the the usedd appapp has conferred with the license liancesrnotnsold arevarious hauledmawaynbyltruck andhekeepse of violations. He said the app do not ids and everything inside ondfor said earsthe Hceoreferred toga drivingsincidentlinvolvingsakboy who it has been,going Y appeared at the last hearing and he also said his son has moved out he es the upstairs is nd apartment. He said he thinks the situation At the would n of be wors ilmanfHozza, Mr.hDo pnernsaidahe he can moved his son out of the apartment last week. Mr. Hanzel said licensing powers are to protect the community and the business operation has no relation to neighborhood activity and this man's record is better than a great majority of license holders. He said the alleged nuisance had nothing to do with the conduct of the businessthe businessa acould resulnd he feelst in otherr. Doeeproblems.r is the TeHe said theret of the theand closing that the business is a nuisance, no violation of law and no showing that would legally support the denial of the license. said the Council is the At the question of Councilman Maddox, Mr..Starr, City At uoiteyof unlawful conduct which ultimate fact finder and can decide if the licensee is guilty is detrimental to the public good. Councilwoman Hunt asked if conditions could be attached to the license and Mr. Starr said the Council could attach conditions when granting the license. At the question of Councilwoman Hunt, Lieutenant Ekwall said they do work on problems relating to kids congregating in areas and he referred to the difficulty in enforcement. o deny the Councilwoman Hunt said she feels that there has been no finding of facts tranted with license but the problems should not be ignored and the license should'be g conditions. Councilman Maddox said he thinks there could be ld not allow a condition which wou loitering at the property.has re - Councilman Hozza said he doesn't think the Council regularbusinessl nesshours.h evidence toReusaidyone vocation and some of the problems are after the reg of the problems might be solved by the son moving from the apartment and we should ask the License Inspector and Police Department to keep a close eye on the operation and if there are violations there could be action to suspend or revoke the license. Councilman Maddox said that he thinks there should be strict restrictions and he moved that the city 1. Behaviorand ofthe peopleLicense in andparoundprepare locationconditions relating to: 2. Storage.\ owing the son to live in the upstairs apart - 3. A condition not all ment. 4. A 90 day license clause.stairs Mr. Starr said he thinks it is highly illegal to require that the son not live up in the apartment but the licensee could agree sdenialcbutlthe situation could be Councilman Levine said he was prepared to support worse if the City lost in court and he thinks a restricted 90 day license is the way to go. out and she would vote for the Councilwoman Showalter said the area is a known hang license if it was granted for no more then thirty days. Councilman Maddox asked about voluntary conditions and he said he thinks the restriction concerning the man's son should be voluntary on the part of the licensthe ee. Councilman Hozza said the motion s ato have the License resolution grantingitheector licensedsubjecttto conditions. and the applicant meet and prepare ther business goes in without a license there He said if Mr. Doepner moves out and ano could be further problems and he thinks there is much heresay concerning the matter and not much evidence. . Councilman easkehe Police Griffitexplained thatritent to place is difficultgtoaconcentrateoonoa particular locationthe and Deputy Chiefn area and dengrservices to other area but they will cooperate to the best of their ability. rotection to the Mr. Hanzel said a 90 day license and restrictions offer little pro e of the establish applicant and the restrictions are to the behavior of peop le meet. Roll call on the motion. Yeas - 6 Nays - 1 (McMahon) Adopted. 67771. September 12th, 1979. At the question of Councilman Hozza, Mr. Garvey, Assistant City Attorney, explained that on Monday of this week the License Inspector reveived a notice from the Insurance Co. that.insurance on Yellow Cab.may be cancelled. He explained that the insurance is in the name of Yellow Bird, Inc. which is not the name of the licensee and he said a letter has been sent stating that the licenses must be transferred to the proper corporate name and a'hearing on the matter has been set for October 10, 1979. At the question of Councilman Hozza, Mr. Garvey said the cars are insured through October 14, 1979 pending the proper name change. Councilman Tedesco moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 57772. MINUTES OF THE COUNCIL 10:00 A.M. September 13th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to.order by Mr. President Hozza at 10:15 A.M. Present - Councilmen Levine, Maddox, McMahon, Showalter, Tedesco, President Hozza... 6 Absent - Councilwoman Hunt ---1 (Councilwoman Hunt arrived at a point during the meeting). Claim of Bernard P. Bearth, 1700 Case Avenue, St. Paul, Minnesota, filed on September 4, 1979, was read. Referred to the City Attorney's Office. Claim of Wayne Gartner by Attorney Victor B. Anderson, 420 Commerce Bldg., St. Paul, Minnesota, filed on September 7, 1979, was read. Referred to the City Attorney's Office. Claim of Robert Schally, 1882 Iglehart, St. Paul, Minnesota, filed on September 10, 1979, was read. Referred to the City Attorney's Office. Claim of State Farm Mutual Automobile Insurance Co., 7500 France Ave. So., Edina, Minnesota, filed on September 10, 1979, was read. Referred to the City Attorney's Office. State Auditor's Report on the examination of the financial affairs of the Civic Center Authority covering the year ended December 31, 1978. Filed. Copy of Appeal from Assessment to the District Court from Costello Corp. versus the City of St. Paul for the grading and paving of Doswell Ave. from Berry St. to Trunk Highway 46280. Filed. Letter of the Director of the Dept. of Finance and Management Services reporting the \ petition of Laurence O'Connell to rezone part of Block 1, Michel's Subdivision Block 14, Stinson's Division is sufficient. Referred to the Planning Commission for recommendation. Resubmitted petition of Rollie Brown to rezone 1602 and 1606 Carroll aka Lots 8 and 9, Block 5, College Park Addition. Referred to the Finance Department for check as to sufficiency. Administrative Orders: D 5042 - Extension of contract time for the construction of Mississippi Street Bridge over the Burlington Northern Inc. between Pennsylvania Ave. and Cayuga Street. D 5043 - Addition of $85.00 to the Wabasha Bridge Slope Wall contract. D 5044 - Addition of $407 to the Public Works Office Building Addition contract. D 5045 - Addition of $3,055 to the North End Multi -Purpose Center Project. D 5046 - Addition of $1,915.73 to the St. Paul Canine Training Center project. D 5047 - Extension of contract time for the Aladdin Electric Company for ornamental street lighting system in the Blair Ave. ITA area. D 5048 - Release.of $191,928.60 withheld as a reserve for the Mississippi Street Bridge Improvement from Cayuga Street to Case Ave. D 5049 - Deletions in the sum of $522545 for the Underground Garage Wall Reinforcement project. Resolution amending the Civil Service Rules by inserting the title Electronic Data Processing Specialist -Library in Section 3.J, Grade 11, Professional Administrative Non -Supervisors Group AND inserting its specifications in Section 32. (First Reading; Finance Committee recommends approval). Laid over to September 20th 1979 for Second Reading and_ Adoption. 57773. September 13th, 1979. C.F. No. 273701. Resolution approving U.S. Treasury Notes of $400,000 and $50,000 pledged as collateral to protect deposits of public funds of the City of St. Paul with Western State Bank of St. Paul. Adopted. Yeas - 6 Nays - 0 C.F. No. 273702. Resolution amending the Community Development Block Grant Year V Budget and transferring $67,000 from CD Year V Unspecified Contingency to Highway 212 Housing Site; Street Improvements. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 273703. Resolution supporting a special session to approve a winter heating assistance program. Councilwoman Showalter read a statement in support of the resolution and gave the reason for the program. Adopted. Yeas - 6 Nays - 0 C.F. No. 273704. Resolution approving the fringe parking and shuttle service program. Councilman Maddox said the City Development and Transportation Committee this morning recommended approval of the resolution on the condition that a monthly report be made by the Parking Administrator. Adopted. Yeas - 6 Nays - 0 C.F. No. 273705. Resolution amending the 1979 Budget by transferring $8,213 from Contingent Reserve -General to Division of Housing and Building Code Enforcement -Salaries. (Funding for position of Zoning Specialist for balance of year; Finance Committee recommends approval). Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt arrived at this point in the meeting. Appeal to decision of the Board of Zoning Appeals and Planning Commission concerning special condition use permit issued to Alternative Homes, Inc. at the northeast corner of Albemarle and Maryland. Councilman Levine moved that the appeal be granted. Councilwoman Hunt spoke in opposition to the motion and said she doesn't feel there is enough information that would provide a basis for granting the appeal and she referred to the Planning Commission which did not grant the appeal. \ She said the condition of the structure is a decision of another agency which would govern the use of the facility. Councilman Levine said he feels there is adequate information and he said the location is not proper for this type of facility and without commenting on the structure itself there would be considerably more traffic, the groundsare inadequate to accommodate cars and there is no space outside the structure for activities by young people and he believes visitors would cause traffic and parking problems. Roll call on the motion. Yeas - 3 (Maddox, Tedesco, Levine) Nays - 4 (McMahon, Showalter, Hunt, President Hozza) Motion failed of adoption. At the question of the Council, Mr. Starr, City Attorney, said it would be in order to adopt a motion to deny the appeal and have the proper resolution be prepared. Councilwoman Hunt moved that the appeal be deniedNa s - 3 (Maddox, Tedesco, Levine) Adopted. Yeas - 4 y C.F. No. 273599. FINAL ADOPTION. ORD. NO. 16578. An ordinance amending Section 308.08 of the Legislative Code repealing the multiple ownership prohibition for On Sale Liquor licenses. Adopted. Yeas - 7 Nays - 0 C.F. No. 273600. FINAL ADOPTION. ORD. NO. 16579. An ordinance amending Chapter 82 of the Administrative Code whereby "Little Davis Bacon requirements set forth in Section 82.07 thereof shall be applicable to contracts for more than $10,000. Adopted. Yeas - 7 Nays - 0 C.E. No. 273642. THIRD READING. An ordinance establishing a mandatory retirement age of 65 for city employees in the uniformed division of the Police and Fire Departments. Laid over to September 20th for Final Adoption. 57774./ September 13th, 1979. C.F. No. 273656. SECOND READING. An ordinance amending Chapter 25 of the Legislative Code pertaining to building fee permits. Councilman Levine, at the request of the Building Department, moved that the ordinance be amended by substituting new pages 3, 6, and 17. Adopted. Yeas - 7 Nays - 0 The ordinance was laid over to September 18th for Third Reading. Resolution recommending the appointment of Police Chief be made from within the St. Paul Police Department. Councilwoman Hunt requested that the resolution be laid over or referred to a committee. Councilman Maddox said he has made it known that he would not vote for a Chief of Police appointment from outside the department and he thinks the recommendation is good before the commission spends money on ads. He said he doesn't see any thing wrong with a recommendation to hire within. Councilman Hozza said he had concerns but they are satisfied after careful reading of the resolution and he said he thinks the resolution suggests a position and doesn't tell the commission to do anything. Mr. Starr, City Attorney, said after reviewing the language of the resolution he thinks it is merely a recommendation and doesn't interfere with the process. \ Councilwoman Hunt said she supports the concept but would like more time to digest it. Councilman Tedesco said it is more than likely that he will support a candidate from within the department but he wants to vote for the most qualified person. Councilwoman Hunt moved that the resolution be laid over to Tuesday, September 18th. Adopted. Yeas - 4 Nays - 3 (Maddox, McMahon, Showalter) Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:40 A.M. Council President. ATTEST ' City Clerk. Copies sent to Councilmen �d 3 Minutes approved by Council 57775. MINUTES OF THE COUNCIL 10:00 A.M. September 18th, 1979, COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Tedesco, President Hozza...7 Absent - No one. President Hozza referred to a request from the Planning and Economic Development Department for Council consideration and approval of the revised Neighborhood Commercial Area Improvement Program Guidelines and the matter was referred to the City Development and Transportation Committee for consideration by the committee at their October 4th meeting. Approval of minutes of City Council Meetings for August 21, 22, 23, 28, and 29, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 7 Nays - 0 Hearing on the petition of the City of St. Paul for the vacation of the north 100 feet of Lot 8 (except the east 85 feet) J. W. Bass Acre Lots. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. Mr. John Beagan, President of Advance Shoring Company at 1400 Jackson, said they have a land locked parcel and this property provides the only access. He also expressed a desire to acquire the property being vacated. Mr. Donovan, Valuation Engineer, said the easement serving the property will remain in effect and when the property is vacated it will be referred to the Housing and Redevelopment Authority for disposition. No one else appeared. Councilman Maddox moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 7 Nays - 0 \ Hearing on the petition of the City of St. Paul for the vacation of Lots 7 and 8, Block 3, Brunson's Addition. A letter of the Valuation Engineer was noted recommending approval of the petition. subject to certain terms and conditions. No one appeared. Councilman Maddox moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 7 Nays - 0 Hearing on the petition of Conrad Leurer to rezone property located at the southwest corner of Larpenteur and Galtier Ave. aka Lots 28 and 29, Block 4, Rice St. Villas. Ms. McNeally of the Planning Staff reviewed the request and said the recommendations are for approval of rezoning to B-3. No one appeared in opposition. Councilman Tedesco moved approval of the petition to rezone the property to B-3. Adopted. Yeas - 7 Nays - 0 C.F. No. 273706. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement for slopes, cuts and fills for the improvement of DeSoto St. from North to Collins and North from DeSoto to Payne Avenue, under P.O. 273012. No one appeared. Councilman Levine moved approval of the petition. Adopted. Yeas - 7 Nays - 0 C.F. No. 273707. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement for slopes, cuts and fills in the grading and paving of the alley in Block 3, Edmund Rice's Third Addition, under P.O. 273008. (Discussion continued to the following page). " September 18th, 1979. 57776! (Discussion continued from the previous page). Mr. Thomas appeared along with other residents and asked various questions about the amount of property being taken and they conferred with engineers on the matter. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 . C.F. No. 273708. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing the Carroll-Mackubin Storm Sewer System, under P.O. 265655. No one appeared. Councilwoman Showalter moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273709. RESOLUTION RATIFYING ASSESSMENT. In the matter of taking and condemning land necessary for slopes, cuts and fills for the improvement of part of Hazelwood Avenue from Case to the proposed cul-de-sac and Omaban from Case to the proposed cul-de-sac, under P.O. 272836. No one appeared. Councilwoman Showalter moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt moved that the rules be suspended pertaining to the order of business. Adopted. Yeas - 7 Nays - 0 C.F. No. 273710. Resolution recommending Mayor selection for Police Chief to be a present member and employee of the St. Paul Police Department. Councilman Tedesco said he plans to vote no on the resolution and he said in all likelyhood he will vote for a person from within the ranks but we should be able to interview anyone from anywhere. Councilman Maddox spoke in support of the resolution and said he hasn't found one job in the city that a resident can't fill. Councilwoman Hunt said she agrees with the concept but would feel more comfortable with a rewording. Roll call on the resolution. Yeas - 6 Nays - 1 (Tedesco) Adopted. C.E. No. 273711. Capitol Improvement Budget by transferring $2,079,20 Resolution amending the 1979 from various projects to the St. Albans Storm Tunnel Project. Adopted. Yeas - 7 Nays - 0 Mr. William Rupp, Chairman of the Citizens Budget Advisory Committee appeared and submitted their final report on the proposed 1980 Budget. Councilman Maddox said at the last meeting a motion was adopted to accept the report and to ask the Mayor to increase the committee from eleven to fifteen members and that it be a year round committee. Councilwoman Hunt said the committee should be commended and she thinks a resolution should be prepared and adopted after the budget is adopted. Councilwoman Showalter commended the committee for their attendance records and Councilman Tedesco commended Councilwoman Hunt for her work with the committee. Councilman Levine also commended the committee and said he thinks additional members should include a representative of the minority community. Councilman Maddox ].eft the meeting at this point and returned later in the meeting. C.F. No. 273712. Resolution creating Task Force to deal with the subject of housing for low or moderate income families. (City Development and Transportation Committee recommends approval) Yeas - 6 Nays - 0 Adopted. C.F. No. 273627. FINAL ADOPTION. ORD. NO. 16580. pertaining to Parking Meter Zones An ordinance amending Ordinance No. 13539 arts f Wabasha and part of 4th Street. and deleting parts of Wabasha and adding p of - 0 Adopted. Yeas - 6 Councilman Hozza left the meeting at this point. FINAL ADOPTION. ORD. NO. 16581. C.F. No. 273628. mission to Champion International Corp. to construct, An ordinance granting per 4" diameter conduit with cable across Hampden Ave. near operate and maintain three University Ave. Yeas - 5 Nays - 0 Adopted. 57777! \ September 18th, 1979. C.F. No. 273629. FINAL ADOPTION. ORD. NO. 16582. An ordinance amending Chapter 60 of the Legislative Code rezoning property located at the southeast corner of Griggs and Hewitt aka parts of Lot 14 and 15,. Block 2, Gilbert's Addition. Yeas - 5 Nays - 0 Adopted. Councilman Maddox returned to the meeting at this point. C.F. No. 273656. THIRD READING. An ordinance amending Chapter 25 of the Legislative Code pertaining to building fee permits. Laid over to September 25th for Final Adoption. C.F. No. 273686. SECOND READING. An ordinance repealing the present Chapter 282 of the Legislative Code and substituting a new Chapter 282 outlawing certain drug-related devices AND repealing Chapter 283 in its entirety. Laid over to September 20th for Third Reading. C.F. No. 273713. FIRST READING. An ordinance repealing the following chapters of the Legislative Code as obsolete; Chapters 213, 269, 271, 274, 275, 277, and 273.04,273.05 and 273.06. Laid over to September 25th for Second Reading. C.F. No. 273714. FIRST READING. An ordinance repealing the following chapters of the Legislative Code as obsolete; Chapters 68, 69, and 79. Laid over to September 25th for Second Reading. C.F. No. 273715. FIRST READING. An ordinance amending Ord. No. 13542 pertaining to No Parking Zones by adding the north side of Arlington Ave. from Snelling to Hamline Ave. during Minn. State Fair dates. Laid over to September 25th for Second Reading. C.F. No. 273716. FIRST READING. An ordinance repealing chapters of the Legislative Code as listed as obsolete. Laid over to September 25th for Second Reading. C.F. No. 273717. FIRST READING. An ordinance repealing Chapters 80, 82A, 88, 92, 92B and Chapter 97 of the \ Legislative Code as obsolete. Laid over to September 25th for Second Reading. Claim of Bill Clepper, 1659 Minnehaha Ave.,St. Paul, Minnesota, filed on September 13, 1979, was read. Referred to the City Attorney's Office. Claim of Tony Capuccio by Attorney Lewis S. Bernstein, 325 Cedar St. St. Paul, Minnesota, filed on September 13, 1979, was read. Referred to the City Attorney's Office. Claim of Marsha Rosenthal by Attorney Lewis S. Bernstein, 325 Cedar St., St. Paul, Minnesota, filed on September 13, 1979, was read. Referred to the City Attorney's Office. Claim of Kathleen V. Christianson, 2048 County Road F #10, White Bear Lake, Minnesota, filed on September 12, 1979, was read. Referred to the City Attorney's Office. Claim of Kathleen Davis by Attorney Edward J. Cleary, 401 Midwest Federal Bldg., St. Paul, Minnesota, filed on September 12, 1979, was read. Referred to the City Attorney's Office. Claim of Raymond L. Eiden, Jr., 101 W. Geranium Ave., St. Paul, Minnesota, filed on September 12, 1979, was read. Referred to the City Attorney's Office. Claim of Great Northern Insurance Co., Soo Line Bldg., Minneapolis, Minnesota, filed on September 11, 1979, was read. Referred to the City Attorney's Office. September 18th, 1979. 57778 Claim of Edward and Lynne Hessler, 2400 Bourne Ave., St. Paul, Minnesota, filed on September 12, 1979, was read. Referred to the City Attorney's Office. Claim of Kevin Lijewski, 890 Beech St., St. Paul, Minnesota, filed on September 13, 1979, was read. Referred to the City Attorney's Office. Claim of Steven 0. Lindgren, 135 State Office Bldg., St. Paul, Minnesota, filed on September 11, 1979, was read. Referred to the City Attorney's Office. Claim of Charles. G. Pendroy, 1648 Blair Ave., St. Paul, Minnesota, filed on September 11, 1979, was read. Referred to the City Attorney's Office. Claim of William and Kathy Stroeing, 1527 Midway Parkway, St. Paul, Minnesota, filed on September 11, 1979, was read. Referred to the City Attorney's Office. Letter from Oppenheimer, Wolff, Foster, Shepard and Donnelly serving notice of proposed zoning of property surrounding the Minneapolis, St. Paul International Airport -Wold Chamberlain Field for uses consistent with airport operation pursuant to Minnesota statutes. Referred to the City Development and Transportation Committee. Letter from Oppenheimer, Wolff, Foster, Shepard and Donnelly serving notice of proposed rezoning of property surrounding St. Paul Downtown Airport Holman Field pursuant to Minnesota statutes. Referred to the City Development and Transportation Committee. Petition to rezone Lot 11, Block 2, Point Douglas Addn. Referred to the Finance Department for check as to sufficiency. ADMINISTRATION ORDER: D 5050 - Disbursement of $363.00 to Northwest Airlines for transportation of a witness to St. Paul to testify in a certain lawsuit. C.F. No. 273718. Resolution approving appointments and reappointments to the Planning Commission of persons as listed for terms as listed. Nays - 0 Adopted. Yeas - 6 C.F. No. 273719. Resolution authorizing an agreement with Minnesota Department of Natural Resources for a demonstration project by the city utilizing a variety of tree species and land- scape plans as part of the ongoing program combatting Dutch elm disease and reforestation. Adopted. Yeas - 6 Nays - 0 C.F. No. 273720. Resolution authorizing an agreement with the Capitol Community Services, Inc. for operation of the North End Multi -Service Center. Adopted. Yeas - 6 Nays - 0 C.E. No. 273721. Resolution establishing March 18, 1980, as the City primary election date and setting forth dates for filing of candidacies fortheays election. Adopted. Yeas - 6 C.F. No. 273722. Resolution accepting the East Seventh St. Urban Development Action Grant in the amount of $1,314,000. Adopted. Yeas - 6 Nays - 0 C.F. No. 273723. Resolution approving a Housing Development Project for Rehabilitation of the Cardozo Warehouse Bldg. AND authorizing preliminary agreement for issuance of revenue bonds. Adopted. Yeas - 6 Nays - 0 f 57779. September 18th, 1979. C.F. No. 273724. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273725. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273726. Resolution granting Drive -In Restaurant license to Raymond Truelson at 1890 University. Adopted. Yeas - 6 Nays - 0 C.F. No. 273727. Resolution adopting amendments to plan for bicycles as part of the St. Paul Comprehensive Plan. Adopted. Yeas - 6 Nays - 0 C.F. No. 273728. Resolution adopting Parks and Recreation Plan as part of the St. Paul Comprehensive Plan. Adopted. Yeas - 6 Nays - 0 C.F. No. 273729. Resolution authorizing Sewer Service Refunds to firms as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273730. Resolution authorizing issuance of a permit to Flintkote Co. for construction and maintenance of a communication cable at 1120 E. Seventh St. in anticipation of final adoption on approval of an ordinance granting authorization. Adopted. Yeas - 6 Nays - 0 C.F. No. 273731. Resolution granting license to Cathie Wendell, dba City Wide Cab to operate one taxicab. Adopted. Yeas - 6 Nays - 0 C.F. No. 273733. Resolution Approving Assessment for Boarding -Up for the period April 1 thru May 31, 1979 AND demolition for the period June 1 thru June 30, 1979 AND setting date of public hearing for October 16, 1979. Adopted. Yeas - 6 Nays - 0 C.F. No. 273732. Resolution Approving Assessment for Summary Abatement for the period May 1 thru May 31, 1979 AND setting date of public hearing for October 16, 1979. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt asked to be excused from the Wednesday, September 19th, Council Meeting and Councilman Levine moved that the request be granted. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 10:45 A.M. Council President. ATTE I� C','y Clerk. Copies sent to Councilmen 1G/ b Minutes approved by Council /7/% 57780." MINUTES OF THE COUNCIL 9:00 A.M. September 19th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 9:05 A.M. Present - Councilmen Levine, Maddox, McMahon, Showalter, Tedesco, President Hozza ... 6 Absent - Councilwoman Hunt...I Application for Class C1 -Restaurant, On and Off Sale Malt Beverage and Cigarette Licenses by Ronald L. Ambroz at 1217 Randolph Avneue, doing business as Randolph Inn. (Ronald L. Ambroz notified to attend.). The following resolution was submitted. C.F. No. 273734. Resolution granting Restaurant, On Sale Malt Beverage, Off Sale Malt Beverage and Cigarette Licenses to Ronald L. Ambroz at 1217 Randolph Ave. dba Ron's Randolph Inn. Adopted. Yeas - 6 Nays - 0 Request by Ronald L. Ambroz that a date be set for a public hearing, November 7, 1979, on his application for a Tavern License at 1217 Randolph Avenue. Councilman Levine moved that a date of hearing be set for November 7th, 1979. Adopted. Yeas - 6 Nays - 0 Application for the transfer of Taxicab License No. 90, issued to St. Paul Yellow Cab Company, Inc. at 400 Selby Avenue to Richard L. Timm at the same address. (Richard L. Timm notified to attend.) Mr. Timm appeared and said he has purchased a 1977 Ford and will operate it as a Yellow Cab and will comply with all the requirements and it is fully insured. Robert Smith, attorney representing Green and White Taxi Company, spoke in opposition to the application. Councilman Hozza left the meeting at this point and returned later in the meeting. He referred to several sections of the Legislative Code which allows transfers between vehicles and he said the law does not provide for a transfer in this case and it should be treated like a new application. Councilman Levine referred to the good character and integrity of Mr. Timm and asked about the application and Mr. Carchedi said he feels the application is a proper and legal transfer. Councilman Maddox suggested that the attorney for Green and White put his comments in writing and he referred to a statement of a representative of Green and White stating they would pick up customers in St. Paul without a license. Mr. Smith said he would put his comments in writing and he thinks the application is improper. The following resolution was submitted. C.F. No. 273735. Resolution granting transfer of Taxicab License No. 90 from St. Paul Yellow Cab Company, Inc. at 400 Selby Ave. to Richard L. Timm at the same address. Adopted. Yeas - 5 Nays - 0 Councilman Hozza returned to the meeting at this point. Public hearing on the Second Hand Dealer General License issued to Peggy Mary Ann Krueger at 385 University Avenue. (Recommended for revocation by the Division of License and Permit Administration.) Mr. Terrance Sullivan, Assistant City Attorney, said an agreement has been reached in this matter and the recommendation is for suspension of thirty days and he submitted as exhibits three letters pertaining to the matter. Councilman Tedesco said he has known this licensee for many years and he said it is very difficult to operate this business and he recommended and moved that a two week suspension by adopted. (Discussion continued to the following page.) 57781.v September 19th, 1979 (Discussion contiuned from the previous page.) Mr. Mansur, attorney representing Ms. Krueger, said he has no quarrel with the City Attorney and is in agreement with the recommendation. Mr. Carchedi said his recommendation was for a thirty day suspension and Mr. Mansur said he is in agreement with CouncilmanTedesco's recommendation for a two week suspension. At the question of Councilman Hozza, Mr. Sullivan said this is the first violation and Councilman Levine said he agrees that the nature of the business presents problems and he will support a reduced suspension. At the question of Councilman Maddox, Mr. Carchedi said his standatd'recommendation for suspension on a first violation is thirty days. Councilman Tedesco said he doesn't think that this sets a precedent and he referred to other suspensions -,of various lenghts. Roll call on the motion to adopt a two weeks suspension. Adopted. Yeas - 6 Nays - 0 Mr. Starr, City Attorney, reported that his office has prepared a resolution renewing the application of David Doepner for a Second Hand Dealer General License at 1080 Earl Street subject to certain conditions and he said the resolution has been sent to the attorney for Mr. Doepner and others for their comment. He said Mr. Hanzel has agreed to the proposed draft of the resolution. Councilman Maddox moved that the rules be suspended to consider a resolution not on the agenda. Adopted. Yeas - 6 Nays - 0 Resolution granting renewal of the application of David Doepner for a Second Hand Dealer General License at 1080 Earl Street subject to certain conditions. Mr. Tiana, 1101 East Magnolia, insisted on speaking and Councilman Hozza said he will not hear anyone unless both sides of the issue are present. At the question of the Council, Mr. Starr said the resolution as read was accepted by the attorney for Mr. Doepner. After further discussion Councilman Maddox moved that the resolution be laid over for one week. Adopted. Yeas - 6 Nays - 0 Councilman Maddox referred to a request about a month ago asking the Parking Commission to substantiate increases in parking rates and he referred to considerable parking increases. He asked the City Attorney to investigate the possibility of controlling parking lot and parking ramp fees because they are a licensed business. Councilman Hozza referred to a resolution adopted yesterday adopting the parks and recreation plan as part of the comprehensive plan (C.F. No. 273728) and he said apparently the matter had not been heard in Committee and District lel has requested to be heard on the matter. Councilman McMahon moved that the resolution (C.F. No. 273728) be reconsidered and that the City Clerk work with the Planning Coordinator to set a date of consideration before the City. Council when District #1 would be allowed to comment. Ac'.opted. Yeas - 6 Nays - 0 Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 9:45A.M. ;;01 � � _Jjw�_ Council President. ATTEST: City Jerk. Copies sent to Councilmen Minutes approved by Council 57782 MINUTES OF THE COUNCIL 10:00 A.M. September 20th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Tedesco, President Hozza...7 Absent - No one. C.F. No. 273736. Resolution ordering the correction or wrecking and removal of a garage at 767-69 St. Anthony Avenue. Mr. Strohkirch of the Housing and Building Code Enforcement Department circulated pictures of the structure and said it is open, not structurally sound and dangerous and they recommend proceeding with condemnation. No one appeared. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273642. FINAL ADOPTION. An ordinance establishing a mandatory retirement age of 65 for City employees in the uniformed division of the Police and Fire Departments. Mr. Starr, City Attorney, said the City Council should make findings of fact and he requested that the ordinance be laid over one week in order that the proper testimony supporting the findings can be presented. Councilman Maddox moved that the ordinance be laid over for one week.to September 27th. Adopted. Yeas - 7 Nays - 0 C.F. No. 273686. THIRD READING. An ordinance repealing the present Chapter 282 of the Legislative Code and substituting a new Chapter 282 outlawing certain drug-related devices and repealing Chapter 283 in its entirety. Mr. Powell, 4167 Hillcrest Lane, Deep Haven, and owner of Hotlicks Records in Hillcrest and Phalen Shopping Centers spoke in opposition to the ordinance and said they do not sell marijuana or tell people where to get it. He said the paraphernalia can be used for many purposes and he doesn't think the ordinance will have any affect. At the question of Councilman Maddox, Mr. Powell said he does not use drugs or alcohol and President Hozza said the question was inappropriate and similar questions should not be asked because they may be self incriminating. John Carnahan, 4908 Oakland, Minneapolis, and owner of the Northern Lights Music Store at 1451 University, urged that the Council wait until a judicial decision is made on a similar ordinance in another city. He said he thinks this proposal is a typical harassment to get five people who operate stores they don't like and he doesn't think head shops promote the use of marijuana. He said he feels insulted and slandered by comments made and reported in the press that they sell illegal products and he asked for testimony from the Police Department on how the ordinance will be enforced. At the question of Councilman Maddox, Mr. Carnahan said about twenty percent of his gross sales is on paraphernalia and he doesn't know what the pipes are used for. Greg Rothnel, Attorney representing some shop owners and representing the Minnesota Progressive Trade Organization, said the ordinance is identical to the Eagan ordinance which is under challenge in court and the ordinance assumes that devices will be used for illegal purposes and that is a false assumption. He said the Supreme Court recently ruled that a city is no longer immune in cases of infringement of rights and if the ordinance is unconstitutional the city can be held liable for damages and he urged that the ordinance be delayed until there is a resolution of the Eagan ordinance.' Councilman Maddox said it was his original intention to initiate an ordinance and have it ready when a decision of the court is made on the Eagan ordinance. At the question of Councilman Maddox, Mr. Starr said he can't make a good estimate on the amount of time it would take to process an appeal in the Eighth District Circuit Court. (Discussion continued to the following page) 57783. September 20th, 1979. (Discussion continued from the previous page) Councilman Maddox said he has no intention to table the ordinance but does intend to made it effective after the appeal is resolved. Al Gustafson, 1640 Payne Avenue, and operator of the Three Acre Wood Shop at 28 W. Sixth Street, said in nine years of operation he has not had a problem and there have been no arrests and he thinks there is no rush and the Council should wait until a final court decision and he said further they are not condoning drug use by the sale of paraphernalia. Constance Brandenburg, representing the District 2 Planning Council, said the district council is in support of the ordinance. Mr. Powell at this time submitted a petition of 400 signatures in objection to the ordinance. John Vannela, 615 Hall, referred to his background work on chemical dependency programs and spoke in support of the ordinance. Councilman Tedesco left the meeting at this point and said he supports the ordinance. David Merrill, 2414 Fourth Avenue So., Minneapolis, said the ordinance will not. stop people from making their own paraphernalia. Mark Gilbert, 2216 Oakland Avenue So., Minneapolis, said he thinks the Councils objective is to lower drug use and this ordinance goes about it in the wrong way. At the question of Councilman Levine, Mr. Gilbert said he doesn't think prohibiting the sale of paraphernalia will deter the use of drugs. Mr. Vannela said from personal experience he thinks the ordinance is the first step of action to discourage use of drugs. Ms. Brandenburg requested a copy of the petition submitted in order that they could invite residents of their area to their meetings when discussing these problems. No one else appeared and Councilman Maddox moved that the hearing be closed. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the City Attorney prepare an amendment for consideration at Final Adoption and concerning the effective date of the ordinance. Mr. Starr said he is confident that they can draw such an amendment to comply with the intent of Councilman Maddox. Councilman Maddox said he never stated that places selling paraphernalia have sold or do sell drugs but it is logical that a person may know where to get them. Roll call on the motion. Adopted. Yeas - 6 Nays - 0 \ The ordinance was laid over to September 27th for Final Adoption. Councilman Maddox moved that the rules be suspended to consider a resolution that appears later on the agenda and to hear Mr. Milsap. Adopted. Yeas - 6 Nays - 0 Resolution authorizing an amendment to the 1979 Collective Bargaining Agreement between the City and the St. Paul Police Federation regarding residency requirements. (First Reading) Laid over to September 27th for Second Reading and Adoption. Mr. Milsap appeared and President Hozza circulated a copy of a letter of the City Attorney to Mr. Milsap concerning public discussions during litigation proceedings. Councilman Hozza said that the resolution requested by the Council will be on next Tuesday's Agenda. Mr. Milsap said he thinks the trial will take care of his concerns but he is concerned for people who cannot afford counsel that the entire matter be made public. Mr. Starr said Mr. Milsap's attorney has been in constant contact with the attorney from his office taking care of the matter in court. Mr. Milsap asked that the resolution request an investigation of the entire Central Village matter and when and who it is going to be done by. Claim of Dan Nyberg, 3276 N. Victoria St., St. Paul, Minnesota, filed on September 14, 1979, was read. Referred to the City Attorney's Office. Claim of Kenneth Sinn by Attorney Roger R. Lenzmeier, 2300 American National Bank Bldg., St. Paul, Minnesota, filed on September 17, 1979, was read. Referred to the City Attorney's Office. Claim of Thomas Szala.pski by Attorney Paul J. Gatto, 2350 West Seventh St., St. Paul, Minnesota, filed on September 17, 1979, was read. Referred to the City Attorney's Office. Letter of Capitol City Cablevision, Inc. submitting its proposal to the Minnesota Cable Communications Board for a Cable Service Territory as set forth. Filed. Letter from the State Dept. of Transportation responding negatively for reasons as set forth to the request of the installation of signs on Trunk Highway #5 for Gannon Road. Referred to the Public Works Department. Letter of the Valuation Engineer recommending a public hearing date of October 23,. 1979 for the petition of the HRA for the vacation of Woodbridge Street between Wayzata and Milford and the alley in Block 11, Lewis Second Addition. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 6 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date for October 23, 1979 for the petition of Edward Warn, et al, for the vacation of parts of Como Addition and Wallraff's Como Place as listed. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 6 Nays - 0 Administrative Orders: D 5051 - Payment of $4,603.50 from the Worker's Compensation Account to Evelyn E. Pedersen, Police Dept. employee. D 5057. - Disbursement as listed to persons as listed of $52,900 from the Workers' Compensation Account in the matter of Edward Rylicki, Dept. of Fire and Safety Services employee. D 5053 - Extension of contract completion time for the construction of an o;:r�amental street lighting system in Mississippi Street -Case Ave. - York Ave. Area. C.F. No. 273737. Resolution amending the Civil Service Rules by inserting the title Electronic Data Processing Specialist -Library in Section 3.J, Grade 11, Professional -Administrative Non -Supervisors Group AND inserting its specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 Resolution approving terms and conditions of the 1979-1980 agreement between the City of St. Paul and the St. Paul Fire Supervisory Association. (Employment for the period 1979 and 1980; First Reading). Laid over to September 27th for Second Reading and Adoption. C.F. No. 273738. Resolution amending the 1979 Budget and transferring $30,000 from Contingent Reserve -General to Personnel Division -Police Chief Candidates Review. Adopted. Yeas - 6 Nays - 0 C.F. No. 273739. Resolution authorizing the city to undertake legal defense of A. Kamish & Sons, Inc. in connection with a suit challenging the razing of a hazardous building at 721 Hague. Adopted. Yeas - 6 Nays - 0 C.F. No. 273740. Resolution encouraging community participation in the Energy Awareness Fair sponsored by the Neighborhood Pride and Maintenance Program and the District 6 Planning Council. Adopted. Yeas - 6 Nays - 0 C.F. No. 273741. Resolution authorizing Mayor to execute the Joint Funding Award in the amount o $231,000 for the Air Quality Technical Assistance Demonstration Project. Adopted. Yeas - 6 Nays - 0 C.F. No. 273742. Resolution supporting the proposal fo�j funding of the skyway system public improvemen s contemplated in Block C (MinnesoMyff a Insurance Company Project). Adopted. Yeas - 6 Nays - 0 C.F. No. 273743. Resolution authorizing a lease agreement with the St. Paul Jaycees for use o Masonic Temple for the Jaycees' "Haunted House" Program. Adopted. Yeas - 6 Nays - 0 57785. \ September 20th, 1979. C.F. No. 273744. \ Resolution authorizing a permit to the M -M Development Co. for a connection of sanitary and storm sewer at 2565 Kasota Ave. Adopted. Yeas 6 Nays - 0 C.E. No. 273745. Resolution rescinding Council File No. 270912 being the improvement of Capital Centre Streets AND deleting Sixth St. from Minnesota to Robert Streets AND Robert St. from Fifth to Seventh Street. Adopted. Yeas - 6 Nays - 0 Councilman Hozza asked to be excused from tonights City Council Meeting and Councilman Levine moved that the request be granted. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 11:30A.M. Council President. ATTEST: City C erk. Copies sent to Councilmen Minutes approved by Council 57786./ MINUTES OF THE SPECIAL COUNCIL MEETING 7:00 P.M. \ September 20th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Councilwoman Hunt at 7:05 P.M. Present = Councilmen Hunt, Levine, Maddox, McMahon, Showalter, Tedesco ... 6 Absent - President Hozza...I Councilwoman Hunt said the purpose of the meeting is to hold a public hearing on the proposed 1980 City Budget. She asked if anyone wanted to be heard on the 1980 Operating Budget. Andy Bedker, Chairman of the Local Government Task Force of the Chamber of Commerce, read and submitted a statement commending the City for reducing the expenditure increases and making several suggestions concerning the Citizens Budget Committee, the purchase of services philosophy, concern over disclosure of unfunded pension liabilities and continued study of the waste hauling issue. Councilwoman Hunt asked if anyone wanted to be heard on the expenditure of approximately 4.8 million dollars in Federal General Revenue Sharing Funds for public safety and no one appeared. Councilwoman Hunt asked if anyone wanted to be heard concerning the expenditure of approximately 10 million dollars in Federal Community Development Block Grant Funds for CD Year VI and no one appeared. Councilwoman Hunt asked if anyone wanted to be heard concerning the expenditure of Local Capital Improvement Bond Funds for various projects. Roger Carle, 1618 North Hazel and President of the Hayden Heights Booster Club, expressed concern about continued recreational programs in the area. Jim Selchow of the Hayden Heights Booster Club referred to a group -of -people present in the Council Chambers in support of their appeal for design funds for the gym addition and he said the proposal was the number one priority of the District Council and was only two points away from being funded this year. He urged that the design funds be approved this year so the design is ready when construction funds become available. Councilman Tedesco said the position of the people is clear and the funds for planning do not guarantee construction of the building next year. Councilman Maddox commended the playground programs and said it is too bad that there have been misguided projects or the money would be available. Councilwoman Showalter also commended the playground for its programs and said she will \ support the program proposal and Councilman McMahon indicated he will also support the proposal. John Rupp appeared and urged skyway funding between the Degree of Honor Building and the Minnesota Building and he referred to the possible potential development of the property adjacent to the Minnesota Building. Councilman Levine asked about the future of the Minnesota Building and Mr. Rupp said he feels the tenants will stay but he referred to pressures due to other downtown office construction. Councilman Maddox said the proposal only involves one building and Councilman Levine stressed the importance to consider the entire downtown area on the skyway system and not exclude any portions. Councilman Tedesco said we almost lost Donaldsons by excluding them from the skyway system at one point. Councilwoman Hunt said she agrees on the eventual skyway connection but there is a limit of skyway construction during any one year and we would need more background information before approving this request. Mr. Ford of the Planning and Economic Development Department explained that Minnesota Mutual is the only property that would allow a concourse through their property and he feels strongly that the Minnesota Building someday will be linked to the skyway system. Mr. Rupp said the Dispatch -Pioneer Press is willing to have a skyway but the Dispatch - Pioneer Press or the Athletic Club have never been contacted and he said a study would prove that it is cheaper to go through the Minnesota Building. Councilman Maddox said that he sat in several meetings with the Athletic Club and they turned down a skyway proposal. Jean Sheehan, 97 Winnipeg, referred to the ITA program in their area and spoke in support of continued funding. Mary Muehlegger, 1095 Farrington, said District 6 supports the south oD Front ITA project and also requests that the redevelopment plan be conpleted as planned. She said District 6 is in full support of the multi -service center site design and also favors the open space proposal on Wheelock Parkway. (Discussion continued to the following page.) 57787 \ September 20th, 1979. a (Discussion continued from the previous page.) Rosemary Rockenbach, President of the North End Health Center and speaking ofr five neighborhood health clinics thanked the Council for continued support the community health clinics. Councilman Tedesco said it is nice to hear someone say thanks and.Counhappened Levine said the health clinics are one of the nicest things that ever Kapp in St. Paul. Len McDaniel, 1660 Hague and representing orhetSt. he Paul Tenants Union, urged continued funding as proposed in the Budget to support Rick Lackard, 590Hollyand representing the Metro Coalition for Family Housing urged continued support of subcontracts with legal assistance and the tenants union. \ Councilwoman Hunt asked if anyone else wantedto be heard on any portions of the proposed 1980 City Budget and no one else app d. The meeting was thereupon adjourned. ADJOURNED AT 8:05 P.M. gal Council President. ATTEST: ty Clerk. Copies to sent to Councilmen ID Minutes approved by Council I°1i17 9 57788. MINUTES OF THE COUNCIL 10:00 A.M. September 25th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Levine, Maddox, McMahon, Tedesco, President Hozza... 5 Absent - Councilwomen Hunt, Showalter ... 2 (Councilwoman Showalter arrived at a point during the meeting. It was noted that Councilwoman Hunt has asked to be excused from todays meeting and Councilman Levine moved that the request be granted. Adopted. Yeas - 5 Nays - 0 C.F. No. 273746. FINAL ORDER. In the matter of reconstructing sidewalk on both sides of Juliet Avenue from Albert to Pascal Street abutting Lots 21 - 27, Block 2 and Lots 6 - 11, Block 3, of Lane Manor Addition, under P.O. 273637. No one appeared. Councilman Tedesco moved approval of the order. Adopted. Yeas - 5 Nays - 0 Hearing was held to consider the designation of the Rochat-Louise-Sauerwein Block located on the north side of W. Seventh St. between Walnut and Sherman as a Heritage Preservation Site. Mr. Sandeen, Chairman of the Heritage Preservation Commission, said the six sites scheduled for Council hearing today were considered and recommended for approval by the City Development and Transportation Committee except the Rochat Block and the Summit Terrace Rowhouse because they did not have approval of the owners. He said since the committee met the Heritage Preservation Commission met with the owners of these two properties and they have agreed to the designation and on the Summit Rowhouse seven of the eight owners support designation. Councilwoman Showalter arrived at this point in the meeting and Councilman Levine left the meeting at this point and returned later in the meeting. Barb McCormick spoke in favor of the designation on behalf of the neighborhood and David Kuehn, one of the owners involved, said he is in support of the designation. Councilman Tedesco moved approval of the designation with the City Attorney to prepare the proper ordinance. Yeas - 5 Nays - 0 Adopted. Hearing was held to consider the designation of Summit Terrace Rowhouse at 587-601 Summit Avenue as a Heritage Preservation Site. No one appeared. Councilman Tedesco moved approval of the designation with the City Attorney to prepare the necessary ordinance. Yeas - 5 Nays - 0 Adopted. Hearing was held to consider the designation of St. Joseph's Academy at 355 Marshall as a Heritage Preservation Site. Sister Sampson of the Sisters of St. Joseph of Corondalet appeared and spoke in support of the designation. Councilman Tedesco moved approval of the designation with the proper ordinance to be prepared. Adopted. Yeas - 5 Nays - 0 Hearing was held to consider the designation of the Frank B. Kellogg House at 633 Fairmount Ave. as a Heritage Preservation Site. No one appeared. Councilman Maddox moved approval of the designation with the proper ordinance to be prepared. Adopted. Yeas - 5 Nays - 0 57789 v September 25th, 1979. Hearing was held to consider the designation of Alexander Ramsey House at the southwest corner of Exchange & Walnut as a Heritage Preservation Site. A representative of the Minnesota Historical Society appeared and said they are in support of the proposed designation. No one appeared in opposition. Councilman Maddox moved approval of the designation with the proper ordinance to be prepared. Adopted. Yeas - 5 Nays - 0 Hearing was held to consider the designation of Burbank -Livingston -Griggs House at the southeast corner of Summit and Summit Court as a Heritage Preservation Site. No one appeared in opposition. A representative of the Minnesota Historical Society said they are in support of the designation. Councilman Maddox moved approval of the designation with the proper ordinance to be prepared. Yeas - 5 Nays - 0 Adopted. Councilman Maddox moved that the rules be suspended to consider items that appear later on the agenda. Yeas - 5 Nays - 0 Adopted. C.E. No. 273747. Doe ner, dba East Side Resolution renewing Secondhand Dealer's license to David P Appliances at 1080 Earl St. subject to certain conditions. Mr. Neil Tiana, 1101 E. Magnolia, appeared and said the findings in the resolution don't do justice to the testimony and he suggested adding two additional whereas clauses and he also submitted an alternative Council resolution. At the question of the Council, Mr. Starr said the meat of the resolution is the resolved clause and not the whereas clauses and a record has been made of both of the hearings and that evidence will not be lost or set aside. He said the resolution as proposed by the City Attorney's Office is the result of an agreement and compromise in order to preclude court action and if there are changes in the resolution the licensee should be notified. Mr. Tiana said he hopes the Council will enforce the ordinance so the business conforms to the residential character of the area. Spike Hanson, 651 E. Fifth St., urged that it be a sixty day license and he was informed that an agreement on a ninety day license had already been reached. Wilfred Weber of District 5 said he thinks the appliance store should be handled as strict as possible because of what has happened in the area. Councilman Levine returned to the meeting at this point. President Hozza requested that the City Clerk place the report of the License Inspector on a Wednesday Agenda in ninety days. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. C.F. No. 273748. Resolution requesting the Administration to conduct a cost impact study for acquisition and development, annual operation and maintenance, and impact on tax base for the Mattocks School site. Councilwoman Showalter indicated her office has been working with the neighbors for some time on this proposal and Gale Sommers spoke in support of the resolution. Adopted. Yeas - 6 Nays - 0 Resolution requesting investigation of public projects in Summit -University area, Community Development District 8, by, and transmission of certain materials to, the United States Department of Housing and Urban Development (Central Village Development). as agreed that the resolution would be laid over to Mr. Milsap appeared and it w and Councilman Tedesco moved that the resolution be allow time for further review laid over to Thursday, September 27th, 1979. Adopted. Yeas - 6 Nays - 0 C.E. No. 273777. public street easement Tracts A and B, Resolution vacating and discontinuing as a p Registered Land Survey No. 339, files of the Registrar of Titles of the County of Ramsey, State of Minnesota. Adopted. Yeas - 6 Nays - 0 Later in the meeting Councilman Maddox moved that the resolution be reconsidered to consider adding another paragraph to the resolution authorizing the proper city officials to convey said Yeaseme6ts to the Housing Nays -a0 Redevelopment Authority. Adopted. Roll call on the resolution as amended. Adopted. Yeas - 6 Nays - 0 57790 September 25, 1979. FINAL ADOPTION. ORD. NO. 16583. C.F. No. 273656. `� pertaining to building An ordinance amending Chapter 25 of the Legislative Code p fee permits. Yeas - 6 Nays - 0 Adopted. C.F. No. 273713. SECOND READING. s of ode An ordinance repealing the following 7�a27304, hpteh273e055and i273ve Cas ob5o ete: 06. Chapters 213, 269, 271, 274, 275, Laid over to September 27th for Third Reading C.F. No. 273714. SECOND READING. An ordinance repealing the following chapters of the -Legislative Code as obsolete: Chapters 68, 69, and 79. Laid over to Se tember 27th for Third Reading. SECOND READING. C.F. No. 273715. An ordinance amending Ord. 113542 pertaining ne No Parking Zones Avenue during Minnesota adding thesota State Fair rt side of Arlington Ave. from Snelling to Hamline dates. Laid over to September 27th for Third Reading. SECOND READING. C.F. No. 273716.chapters of the Legislative Code as listed as obsolete. An ordinance repealing Laid over to September 27th for Third Reading. C.F. No. 273717• SECOND READING.82A� gg, 92, 92B and Chapter 97 of the Legislative An ordinance repealing Chapters 80, Code as obsolete. Laid over to Se tember 27th for Third Reading. FIRST READING. C.F. No. 273749. of i River ng An ordinance amencertain useding arestrpter 60Ctionshto thesareavknowneasethe MississippiiRi and adopting Corridor. Laid over to October 2nd for Second Reading. Claim of David A. Gray, 1805 Highland Parkway, St. Paul, Minnesota, filed on September 18, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Richard Koran, 1074 Ryde St., St. Paul, Minnesota, filed on September 19, \ 1979, was read. Referred to the City Attorney's Office. Claim of David A. Swanburg, 1900 Montana Avenue East, St. Paul, Minnesota, filed on 1979, was read. September 20, Referred to the City Attorney's Office. Letter of the Mayor transmitting the District 4 Plan to the City Council for considera- tion.and At the recoendationmmShowalteromoved that aldatefofhhearinglbe set fornNovemberomic e5th to consider Councilwoman the District Plan. yeas - 6 Nays - 0 Adopted. ict Plan to the Letter of the Mayor ttransmitting moved thatt the Distr ouncPlanning 5Staff be requested lto meet with l for an District consideration. District Representatives and determine a date of Nays Adopted. Yeas - 6 Petition to rezone property at 424 W. Seventh St., aka Samuel Leech Addition, East 40' of Lot 5 of C. L. Lains Rearrangement of part of Block 4, Leech Addn. and 40' of Lot 10, Block 4. artment for check as to sufficiency. Referred to the Finance Dep Letter of the Finance Dept. reporting that a petition of Rollie Brown to rezone Lots 8 and 92 Block 5, College Park Addn. is sufficient. Referred to the Planning Commission for recommendation. Notice of Application of Northwest Airlines, Inc. before the Civil Aeronautics Board for an exemption nder Secion fortservice(b) of the Federal Aviation Act and to Ireland pertaining to an application Referred to the City Attorney. 57791 Y September 25th, 1979. Administrative Orders: 650.00 to the North End Multi -Service Center* of D 5054 - Addition of $1, y D 5055 - Approval of Workers Compensation to Norbert A. Riepe, the Dept. of Public Works.J. Allarde Lallier, employee of D 5056 - Approval of Workers Compensation to the Water Dept. public hearing to proceed with D 5057 - Approval of HRA action to initiate a acquisition of property for north of St. Stanislaus Development Area, West Seventh District #9. C.F. No. 273750. the "St. Paul Mississippi River Corridor Plan (as amended) Resolution adopting as an amendment to the comprehensive 6plan. Nays - 0 Adopted. C.F. No. 273751. tin the plan for District 1�6. Resolution adop g Yeas - 6 Nays - 0 Adopted. C.F. No. 273752.Inc.. for the Resolution authorizing an agreement between the City and Festivals, icipal Stadium concessions on August 29,0 Adopted. operation of Mun Yeas - 6 C.F. No. 273753. for the Minnesota Dept. of Health whereby the Resolution authorizing an agreement City will perform ZEP blood analysis 6for the StatNays par0 Department. Adopted. C.F. No. 273754. an agreement for the Minnesota Dept. of Health whereby the Resolution authorizing g City will secure the services of Indochinese interpreters for its Indochinese screening clinics. Yeas - 6 Nays - 0 Adopted. C.F. No. 273755. ereby Resolution authorizing an agreement with the \ Metropolitan costofaotraffic il hco trol e Ci Council will pay the City $25,000 toward the City system study of the Central Business 6District. Nays - 0 Adopted. Yeas - C.E. No. 273756. conveyance of Lot 9, Block 105, Otto's Subdivision and Lot 24, Resolution approving Y purposes. Block 1, Shurmeier's Seventh St. Addition to the HRAforp P Adopted. Yeas - 6 C.F. No. 273757.oses of property described. Resolution authorizing Deed of Dedication for street purposes (Trout Brook Circle improvements) - 6 Nays - 0 Adopted. Yeas C.F. No. 273758•orizing issuance of a per -it for Champion International (Hoerner Resolution authden Ave. to connect their Waldorf) to place underground conduit across Hamp buildings on either side of Hampden. Adopted. Yeas - 6 Nays - 0 roving execution of a Quit Claim Deed conveying a temporary easement C.F. No. 273759. Resolution app over facility located at Wheelock for construction of a bus turnaround and lay Ave. and Forest St. yeas - 6 Nays - 0 Adopted. n of C.F. No. 273760• ranting the petition of Shepard Park Development for the vacatio Resolution g a part of Springfield St. Yeas - 6 Nays - 0 Adopted. C.F. No. 273761. Resolution Approving Assessment and Award of Damages he m acquisition of easements in in the over Burlington as listed for Kellogg Blvd. (E. Third St.) Bridge Rep e Northern, Inc. I-94 and earin Commercial Octoberw231, 1979. John (P.O. and Mounds Blvd. AND setting date of public hearing Yeas - 6 Nays - 0 Adopted. C.F. No. 273762. g Bingo Games Licenses to Wilder Thomas Dale Community Center, Resolution grantin athedral Fall FestiNaysandOBlessed Sacrament. Payne Arcade Business Assn., C Adopted. Yeas - 6 C.F. No. 273763.Inc. Resolution granting renewal of Sunday On Sale Liquor License to Parrish's, at 2176 W. Seventh St. yeas - 6 Nays - 0 Adopted. C.E. No. 273764. On Sale Malt Beverage Licenses to Hiwayan Club and Resolution granting Temporary City of St. Paul, Division ofYeasks and Recreation. ENays - 0 Adopted. C.F. No. 273765. Resolution granting transfer of Gas Stationand GeneraArts l Repair Garage License ice se frtoo om the Lowry Medical Center Assn. at the Lowry MedicalLowry Development Co. at the Yams address. Nays - 0 Adopted. C.F. No. 273766. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 C.F. No. 273767.ersons as listed. Resolution granting various licenses6to p Nays - 0 Adopted. C.F. No. 273768. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 C.F. No. 273769.ersons as listed. Resolution granting various licenses to p Nays - 0 Adopted. Yeas - 6 C.F. No. 273770. Resolution granting Bingo Licenses to Automotive Service Council of Minnesota, t Control Committee and Missionary Sisters of St. Peter St. Paul Tenants Union, Ren Claver. Yeas - 6 Nays - 0 Adopted. \ C.F. No. 273771. Resolution granting Temporary on Sale Malt Beverage Licenses to Rice Lawson Booster Club and North Dale Booster Club. Nays - 0 Adopted. Yeas - C.F. No. 273772. Resolution accepting proposed Plat entitled Oak Tree Par O. Adopted. Yeas - 6 Nays - C.F. No. 273773.County pertaining .to Resolution approving an agreement between the City and Ramsey the construction of a slope wall undeer the north Nend aysof Oabasha St. Bridge #6524. Adopted. C.F. No. 273774. Resolution authorizing payment of $756.51 out of Tort Liability Fund to Patricia Ladner in full settlement of her easclaim for damages. - 0 Adopted. C.F. No. 273775.a ent out of Tort Liability Fund of $1,265 to Fireman's Resolution authorizing p Ym Fund Insurance Co. and Ron Saxon Ford, $50.00 to Jean and John g°all in8fn11 ie to R. M. Craig, $289.71 to Royden E. Tull and $228.52 to VickyMayer settlement of claims for damages. Nays - 0 Adopted. Yeas - 6 C.F. No. 273776. Resolution approving an agreement between the City and Burlington Northern, Inc. pertaining to the City improvement of the Jackson St.Br0 ge #90408. Adopted. Yeas - 6 Nays 57793-U September 25th, 1979. 49 Councilman Tedesco left the meeting at this point and returned later in the meeting. Resolution denying the appeal of John T. Finley to a decision of the Planning Commission concerning the application of Alternative Homes, Inc. to operate a residential group home at 1210 Albemarle St. Councilwoman Showalter moved that the resolution be laid over to Thursday, September 27th, 1979. Adopted. Yeas - 5 Nays - 0 Councilwoman Showalter indicated that she will be late for tonights City Council Meeting and Councilman Tedesco said he will not be able to be present and asked to be excused. ouncilman Tedesco be excused from tonights Council Councilman Levine moved that C Meeting. Adopted. Yeas - 6 Nays - 0 Councilman Levine said he had to leave the City Council Meeting earlier and missed voting on the approval of the Heritage Preservation Site designations but he is in support of the designations as they are listed on the agenda. Councilwoman Showalter moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 11:00 A.M. Council President. ATTEST: i City C rk. Copies sent to Councilmen 6 G Minutes approved by Council J 57794. MINUTES FOR. THE SPECIAL CITY COUNCIL MEETING 7:30 P.M. September 25th, 1979 MIDWAY, YMCA -1761 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 7:35 P.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Mr. President Hozza ... 5 Absent - Councilwoman Showalter, Councilman Tedesco ... 2 President Hozza announced that the purpose of the meeting is to hold a public hearing to consider the approval of the District X611 Plan. Mr. Roger Ryan of the Planning & Economic Development Department reviewed the plan and highlighted and explained several programs. Mr. Jerry LaCasse, President of District 411, thanked the many people who worked on the plan and urged that the Council support and approve the plan. Councilman Maddox moved approval of the plan with the proper resolution to be prepared. Merrill Robinson explained the coalition and referred to the hard work of many people on the various programs in the area and he explained the concern for Fair- view Ave. safety and requested the posting of "No Truck" signs. Mr. Gunderson said he is the Midway Concerned Citizens representative on the District Council and he said the plan is not as specific as they would like it but they are pleased with the District #11 Plan and recommend approval. He referred to several concerns about "crossing times" on Snelling Ave., about getting the Fairview Sewer Project off the ground, about the Fry Street portion of the Blair Ave. ITA with curb- ing on only one side of the street and about Snelling Ave., where islands cut off \ cross streets, and where handicapped ramps are only put on one side of the street so if a handicapped person is on the wrong side they would have to cross three streets to get across Snelling Ave.ow Councilwoman Hunt said the citizen participation process ioodesrelationshiplwithlitsbi- lity by the citizens of the area and this district has a g industrial neighbors. Councilman Levine expressed satisfaction with the efforts on this plan and said he will support approval. President Hozza said if the motion is adopted a resolution will be prepared and place on the agenda of the City Council for consideration on.October 4th, 1979. Roll call on the motion to approve the District Plan and request that the proper resolu- tion be prepared. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 ADJOURNED AT 8:05P.M. 1019 Council President. ATTEST: i f C- y Clerk. Copies sent to Councilmen Minutes approved by Council or/7 y 57795 MINUTES OF THE COUNCIL 10:00 A.M. \ September 27th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Tedesco, President Hozza...6 Absent - Councilwoman Showalter ... 1 (Councilwoman Showalter arrived at a point during the meeting.) Approval of the Council Minutes from the meetings of August 29th and 30th, September 4th A.M., September 4th P.M., September 6th, 10th, 11th, and 12th, 1979. Councilman Maddox moved that theminutes be approved.ays - 0 Adopted. C.F. No. 273642. FINAL ADOPTION. An ordinance establishing a mandatory retirement age of 65 for City employees in the uniformed division of the Police and Fire Department. Mr. Terrance Sullivan, Assistant City Attorney, explained the ordinance and the importance to get evidence before the City Council supporting the findings and he said he has met with the Mayor and the Fire Department and urges that the ordinance be continued for two weeks in order that the proper evidence could be brought before the City Council. Councilman Maddox moved that the ordinance be laid over for two weeks to October llt . Adopted. Yeas - 6 Nays - 0 C.F. No. 273686. FINAL ADOPTION. An ordinance repealing the present Chapter 282 of the Legislative Code and substituting a new Chapter 282 outlawing certain drug-related devices and repealing Chapter 283 in its entirety. At the request of Councilman Maddox an amendment to Section 4 of the ordinance was read providing that the ordinance would not take effect until there is a court decision on the Eagan ordinance. Councilman Maddox asked if a date certain could also be inserted nserte in the ordinancey, incase the appeals drag out for a long period suggested no change to add a date in the ordinance. Councilman Maddox moved that the ordinance be amended as read. Councilman Hozza said it is premature if not an immature way to proceed and he thinks the proper action would be to hold the ordinance until the court makes a \determination. He said the court could change the wording of the ordinance and he doesn't see a pressing need to adopt it at this time. He said he will oppose the amendment and he is not convinced that there is any kind of emergency. Councilman Maddox said he will make statements next week on the importance of the ordinance and the seriousness of drug use. Councilwoman Hunt said there is merit to Councilman Hozza's remarks on holding the ordinance. Councilman Hozza said if the ordinance is held it would delay the matter thirty days and no one has put a figure on possible damages if the ordinance backfires. Councilwoman Hunt indicated she will vote for the ordinance eventually because it shows that the Council does not condone the use of drugs. Councilwoman Hunt suggested an amendment to place the ordinance on the agenda at the first Council Meeting after the disposition of the court hearing. Councilman Hozza said he thinks all the Councilpersons are concerned about drug abuse but the ordinance doesn't curb drug abuse. Councilwoman Hunt said she would prefer to vote on the ordinance after it runs its course through the court. t the ordinance be laid over until the first Council Councilwoman Hunt moved tha Meeting after the court has acted on the appeals. Councilman Maddox moved to call the question on his original motion to amend the ordinance. yeas - 5 Nays - 1 (Hunt) Adopted. , Roll call on Councilman Maddox's motion to amend the ordinance by inserting anguage providing that the ordinance would not take effect until after the Federal District Courts decision on the Eagan ordinance. Nays - 2 (Hunt, Hozza) Adopted. (Discussion continued to the following page). :57�9fi September 27th, 1979. (Discussion continued from 'the previous page). Councilwoman Hunt spoke in support of her motion to continue the ordinance to the first Council Meeting after a court decision and she agreed that the ordinance may need an amendment after court action. Councilman Maddox said any ordinance can be amended after it is adopted. Roll call on Councilwoman Hunt's motion to lay the ordinance over until the first Council Meeting after a court decision on the Eagan ordinance. Yeas - 2 (Hunt, Hozza) Nays - 4 (Levine, Maddox, McMahon, Tedesco) Motion failed of adoption. The ordinance was laid over oneweek to October 4th,fo _r final adoption. Councilwoman Showalter arrived at this point in the meeting. C.F. No. 273713. THIRD READING. ode as An ordinance repealing the following 5Ch27ters of the Legi 2731051andve C273.06. obsolete: Chapter 213, 269, , Laid over to October 4th for Final Adoption. C.F. No. 273714. THIRD READING. An ordinance repealing the following Chapters of the Legislative Code as obsolete: Chapters 68, 69, and 79. Laid over to October 4th for Final Adoption. C.F. No. 273715. THIRD READING. An ordinance amending Ordinance #13542 pertaining to No Parking Zones by adding the north side of Arlington Ave. from Snelling to Hamline Ave. during Minnesota State Fair dates. Laid over to October 4th for Final Adoption. C.F. No. 273716. THIRD READING. An ordinance repealing Chapters of the Legislative Code as listed as obsolete. Laid over to October 4th for Final Adoption. C.F. No. 273717. THIRD READING. An ordinance repealing Chapters 80, 82A, 88, 92, 92B and Chapter 97 of the Legislative Code as obsolete. Laid over to October 4th for Final Adoption. C.F. No. 273778. FIRST READING. An ordinance amending Chapter 32 of the Administrative Code and setting the compensation to be paid certain elected officials effective the first Tuesday in June, 1980 and the first Tuesday in June, 1981. Laid over to October 4th for Second Reading_ Claim of Myrna Leitch, 1293 Grand Avenue, St. Paul, Minnesota, filed on September 21, 1979, was read. Referred to the City Attorney's Office. Claim of Metropolitan Transit Commission, 3118 Nicollet Ave., Minneapolis, Minnesota, filed on September 24, 1979, was read. Referred to the City Attorney's Office. Claim of Northwestern Publications, Inc., 1700 First National Bank Bldg., St. Paul, Minnesota, filed on September 21, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Ethel A. Shields, 312 E. Butler Avenue, West St. Paul, Minnesota, filed on September 21, 1979, was read. Referred to the City Attorney's Office. Claim of State Farm Insurance Company, 5930 Shingle Creek Parkway, Brooklyn Center, Minnesota, filed on September 24, 1979, was read. Referred to the City Attorney's Office. Notice of Hearing from the City of Maplewood on an application of Jerry Lee Anderson to operate a Used_Car Lot at 1908 Rice St. Filed. Notice before the District Court in the matter of HRA versus various property owners including the City of St. Paul in connection with the condemnation of property for the Rice -Marion Phase II Multi -Family Housing Development. Referred to the City Attorney. J 57797. September 27th, 1979. Administration Orders: D 5058 - Approval of Workers Compensation to Garland Bell, employee of Dept.' of Public Works. n to establish Fair Re -Use Values on various parcels. D 5059 - Approval of HRA actio C.E. No. 273779. Resolution adopting the 1980 Budget for the City of St. Paul. Councilwoman Hunt reviewed finance Committee consideration of the budget and said she believes it is a good budget with services maintained. She referred to several changes from previous years and said many of the citizens committee recommendations are included in the budget and others will be considered in the near future. She said she thinks there has been a steady improvement in the budget process under the new charter and she commended the fine cooperation of Mr. Connelly and his staff and the Mayor and his staff. Councilman Maddox praised the Finance Committee and the way the process was handled and he asked about City Hall Annex Contingency Funds and the matter of elevator automation and Councilwoman Hunt said the matter of elevators is being e Committee Meeting -and the City Hall Annex Contingency considered at the next Financ Funds are.included in the budget. that the Councilman Levine said he agree rovedintheelastgcouple cofsyears has1and �hedalsoecommended new charter and has even imp Mr. Connelly for his knowledge and ability. Councilman Tedesco commended Councilwoman Hunt and Mr. Connelly for their extensive work on the budget. progCouncilman f theacitysveryncloslyaand he movedethatt thisem tterdbeoreferredetoinvestment aidext yer the the program Finance Committee. yeas - 7 Nays - 0 Adopted. Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. C.F. No. 273780. for support of the 1980 City Budget. Resolution adopting Tax Levy Yeas - 7 Nays - 0 Adopted. C.F. No. 273781. Resolution adopting the 1980 Budget of the Housing and Redevelopment Authority and approving Tax Levy. Nays - 0 Adopted. Yeas - 7 C.F. No. 273782.\ Resolution adopting the 1980 Yeaset of the Port Authority and Tax Levy. Adopted. Councilman Tedesco left the meeting at this point and returned later in the meeting. C.F. No. 273783. Resolution requesting investigatiob of public d transmission of certain materials to, Community Development District 8, y, the United States Department of Housing and Urban Development (Central Village Development - Laid over from September 25, 1979)•Nays - 0 Adopted. Yeas - 6 Councilman Tedesco returned to the meeting at this point. C.F. No. 273784. Resolution denying the appeal of John T. Finley to a decision of the Planning Commission concerning the application of Alternative Homes, Inc. to operate a residential group home at Y10 Albemarle (Hunt,St. Sh(Laid over from nSept. 25, 1979). Adopted. Nays - 3 (Levine, Maddox, Tedesco) Resolution increasing the salaries of Legislative Aides to the Council by 7% effective the first Tuesday in June 1980 and the first Tuesday in June 1981. First Readin - Laid over to October 41th for Second Readin and Adoption. C.F. No. 273785. Resolution approving terms and conditions of the 1979-1980 agreement (Employment for City of St. Paul and the St. Paul Fire Supervisory Association. (Employm the period 1979 and 1980; Second Reading and Adoption._ 0 Adopted. \ September 27th, 1979. 57798. C.F. No. 273786. Resolution authorizing an amendment to the 1979 Collective Bargaining Agreement between the City and the St. Paul Police Federation regarding residency requirements. (Second Reading and Adoption) Adopted. Yeas - 7 Nays - 0 Resolution amending the Civil Service Rules by inserting the title Service Worker III in Section 3.L, Grade 16, Technical Group AND inserting its specifications in Section 32. (First Reading - Recommended for approval by the Finance, Management and Personnel Committee.) Laid over to October 4th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Manpower Coordinator I, II and III in Section 3.J, Grade 5, 9 and 13 respectively in Professional -Administrative Non -Supervisors Group AND inserting their specifi- cations in Section 32. (First Reading -Recommended for approval by the Finance, Management and Personnel Committee). Laid over to October 4th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compensation Resolution to allow payment through the five-year plan for exempt employees. (First Reading - recommended for approval by the Finance, Management and Personnel Committee). Laid over to October 4th for Second Reading and Adoption. Resolution amending Section IIB of the Salary Plan and Rates of Compensation Resolution and adjusting the rate of pay for Dentist -Clinic and Medical Examiner. (First Reading - recommended for approval by the Finance, Management and Personnel Committee). Laid over to October 4th for Second Reading and Adoption. Resolution amending the Civil Service Rules and inserting the title Manpower Employment Counselor in Section 3.L, Grade 30, Technical Group AND inserting its specifications in Section 32. (First Reading -recommended for approval by the Finance, Tianagement and Personnel Committee). Laid over to October 4th for Second Reading and Adoption. Resolution amending the Civil Service Rules and inserting the title Adjudication Specialist in Section 3.J, Grade 3, Professional -Administrative Non Supervisors Group AND inserting its specifications in Section 32. (First Reading -recommended for approval by the Finance, Management and Personnel Committee). Laid over to October 4th for Second Reading and Adoption. C.F. No. 273787. Resolution setting a date of hearing for October 9, 1979 to consider the adopting of service charges against all benefited properties for the 1979 Street Maintenance Program. (Report of the Finance Department certifying the total cost of maintenance services is attached to the resolution). Adopted. Yeas - 7 Nays - 0 C.F. No. 273788. Resolution suspending for a two week period the Second Hand Dealer's license issued to Peggy Kruger at 385 University Ave. Council President Hozza asked if anyone wanted to appear and no one appeared. Adopted. Yeas - 7 Nays - 0 C.F. No. 273789. Resolution approving the merger of the Ramsey County Community Corrections Advisory Board (CCAB) and the St. Paul Criminal Justice Coordinating Council (CJCC). Cathy Acklund appeared and explained the resolution and said the County has requested a change pertaining to the chairmanship of the new board and that issue will be back before the City Council at a later date. Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 Councilman Maddox asked for an update on the liquor investigation and he asked the City Attorney about the consequence of perjury before the City Council. Councilman Hozza said the revelations of the last few days have changed the situation and he will confer with all Councilpersons individually on the matter. Walter Robinson appeared concerning a resolution adopted earlier on the agenda on an investigation of public projects in the Summit -University Area and he said he doesn't think HUD will investigate their own people. After some discussion Councilman Maddox said he assures Mr. Robinson that several different agencies will be investigating the matter. 57799. \ September 27th, 1979. It was noted that the District .5 Plan had been submitted to the City Council and district representatives have requested a public hearing at a regular City Council Meeting. recommendation of the Clerk, Councilwoman Showalter moved that a date of At the r hearing ec the District 5 Plan be set for October 18th at the regular City Council Meeting. Nays - 0 Adopted. Yeas - 7 Y Councilwoman Showalter moved thaat the meeting be adjoNaysurne0d. Adopted. ADJOURNED AT 11:00 A.M. CounciAresi�dent. ATTEST: City C rk. Copies sent to Councilmen Minutes approved by Council MINUTES OF THE SPECIAL COUNCIL MEETING 10:00 A.M. `. October 1st, 1979 ROOM 707 - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. President Hozza at 10:10 A.M. Present - Councilmen Hunt, Maddox, McMahon, Showalter, Tedesco, President Hozza...l Absent -Councilman Levine...l purpose of this special meeting of the City Council President Hozza announced the to consider adoption of three resolutions concerned with housing bonding programs. Mr. Terry McNellis said he understands the House Ways and Means Committee will meet concerning tax exempt revenue bonds. this week to deal with matters orney, said that in addition to the rehab loan program James Hart, Assistant City Att and because of the possibility the House..Ways and Means Committee may lled to assnthetrehab determination date for some date this week limitatthis ions1forng ltheasecond mortgage loan from loan program and to increase the bonding pas ed on May 17th, $75,000,000. to $100,0001000. He said the first resolution had been pto deal 1979. Mr. Hart said the third item is a third $100,000,000. bonding program with multi -family housing to deal with the continuing emergency housingshortage ofeisaalveryoserious Mr. Albert, 111 E. Kellogg Blvd., said the problem one and the clients he represents as biusiiness representative have received notice of the cut off of the residential housing at the YMCA. Mr..Albert asked for the earmark ing for some of this money for emergency housing and he noted there are others in a similar cup toicode He andsifdhe theyuhadrsome moniesouid take available$and,showed thatnittis feasible 00 building up ose of this bill that the Council is endorsing to procure the loan. He noted the pur p is to prevent further deteriorating of housing and this also affects the issue o emergency housing.counsel President Hozza said this is the first he has heard of the idea put forth by Mr. Albert. / Mr. McNellis said this is his first notice of the idea and said he would defer to whether there are legal problems. ting Mr. Richard Martin, bon fattoroj ney reprfit organizatBonsgthatdhas ranterms been done inthepasand ng g would be permissible under the resolution. rams which Mr. Ford said it might be possible to use some of the more conventional programs have been used in the past and said this is certainly a high priority item. President effective andzhesnotedethe InntatdSevene Corners- wastfinancedlbyaka ebonderesolutionecome cularly Mr. Albert said he has been advised as tsaidethatsuitbecause theability Ofshousinglisun taanlentirely as it pertains to emergency housing andbe temporary situation it makes the bond lesshsalable andion asked dwithtto YMCA included undersituathe pending resolution as a means of helping Councilperson Hunt said the Council should indicate its encouragement to whomever wants to work with this and Mr. Albert can meet with the staff and explore the options available and consider them when they are something more concrete. C.F. No. 273790. Resolution authorzing a Below Market Home Rehabilitation Loan Program AND issuance o $100,000,000. revenue bonds. ear in regard to the resolution. President Hozza asked if anyone wished to app No one appeared. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. 2973 from C.F. No. 273791. ,ti000- toeasingthe $100,000,000 amount to financenthe SecondsBelowoMarket Interest o.Rate Mortgage Rate7 $75000, $75,00 Loan Program. ear in regard to the resolution. President Hozza asked if anyone wished to app No one appeared. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. 57801/ October 1st, 1979. C.F. No. 273792. oan Resolution authorizing a Below ng issuance Market roft $100,000,l000. urevenuebonds sing Lfor Financing Program AND authorizing same. ear in regard to the resolution. President Hozza asked if anyone wished to app No one appeared. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. Councilman Tedesco moved the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 10:33 A.M. �.1. i a� t ncil ATTEST: it Clerk. Copies sent to Councilmen Minutes approved by Council FN J 57802. MINUTES OF THE COUNCIL 10;00 A.M. \ October 2nd, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:07 A.M. Present Councilmen Hozza, Hunt, Levine, Maddox, McMahon, Showalter, Mr. Vice President Tedesco ... 7 Absent - No one Hearing on the petition of Curtis E. Burckhardt to rezone from R-1 to Planned Development property located on the south side of Lower Afton Road between McKnight and Winthrop. Councilman Maddox moved that the matter be referred to committee. Councilman Hozza questioned why the matter should be referred to committee when the people have taken off of work for this public hearing and Councilman Maddox explained that the developer was to meet with the residents of the area. Councilman Hozza suggested that the public hearing be held today and then a decision be made on whether to refer the matter to committee. Curtis Burckhardt appeared and said he has met with neighbors and made presentations and agreed to meet with each one individually. Councilwoman Hunt said she thinks the Council has an obligation to consider the matter when a public hearing is called and then make a decision on whether it should go to committee. Councilman Maddox indicated that the matter of referring the matter to committee has not come up before todays meeting. Ms. McNeally of the Planning Staff said the Planning Commission did not require a further meeting but indicated that the final plan would be subject to review by the residents. Ms. Toni Baker, Community Organizer for District 1, said she understands that some directive was made to work out objections with the neighbors and she said on September 5th they wrote Mr. Burckhardt requesting a meeting prior to this hearing but no attempt has been made to hold a meeting. She said District 1 agrees to the planned development concept but disagrees with the density involved. Councilman Tedesco suggested that Mr. Burckhardt meet with neighbors and Councilman \ Hozza said that the Council has not heard from the Planning Staff or the residents and yet some Council people are indicating positions. Councilman Maddox moved that the matter be referred to committee to be considered by the Committee of the Whole at a night meeting. At the question of Councilman Hozza, Mr. Starr said he thinks the public hearing should be held before the City Council. Councilman Maddox moved that the matter be continued to a night Council hearing. Councilman Hozza asked the reason for a further hearing and Councilman Maddox said that the developer must meet with the neighbors. Councilwoman Hunt said a night meeting might not result in a compromise. Councilman Maddox withdrew his motion. Rollie Crawford, Attorney representing Mr. Burckhardt, appeared, and introduced the architect for the project who would make a presentation. Larry Seiberlich described the location of the property on a chart and explained the proposed plan and said he thinks it is the best development for the site. Toni Baker,Community Organizer for District 1, said the district council approved the concept of a planned development for this property but the Zoning Committee of the Planning Commission never discussed the impact of a density change. Bob Johnson, a member of the district council, proposed that a compromise be sought to benefit the builder and the city and he said they favor the planned development procedure and suggest that the matter be referred for compromise on density. Bill Ryan, 529 Burlington Road and President of the Highwood Citizens Association, said a petition to rezone the same property was defeated some years ago and the proposal is still spot zoning and the key item is density. He urged that the petition be defeated but he said they are willing to meet with the developer in an effort to compromise. (Discussion continued to the following page). 0 57803. October 2nd, 1979. (Discussion continued from the previous page). Lee Coulter, 2169 Londin Lane, said the staff report on this proposal is different from earlier proposals for this property and they have done a complete reversal. He referred to the effects of more density and said stability of single family housing is needed and he urged denial of the petition because of increased density. Ms. McNeally of the Planning Staff said they found the project in conformance with the comprehensive plan concerning density and she believes the Zoning Committee was familar with the density factors. Corrine Coulter spoke in opposition to the rezoning because of the increase in density and said she has watched the area scooped up by spot zoning in the last ten years. She referred to an editorial writtenat the eati time of frefereviredous to rezo ing attempt and predicting subsequent rezoning proceedings of Councilmen concerning the 1971 proposal on the proposed rezoning and said she was told the comprehensive zoning ordinance would help neighborhoods protect their property. At the question of Councilman Levine, Mr. Burckhardt said the property will not be rental property and the lot costs will be $25,000 and putting four units together will allow more open space. He said they think they are offering single family housing and both sides of a duplex would be sold and all units would be purchased. He said when he purchased the property the zoning at that time allowed duplexes. Lee Coulter said they were told detached homes would be valued at $52,000 and now they are saying they would be valued at $902000 and he said at one point they were told they would be rented until sold and he doesn't know that the plan says they will be sold. At the question of Councilman Levine, Mr. Coulter said the residents should not have to compromise with a developer from outside the area and he couldn't compromise today without seeing a plan. Councilman Levine recommended that Ms. McNeally of the Planning Staff act as coordinator and call a meeting of both sides in an attempt to compromise the situation. Councilman Maddox expressed support of the concept of planned development and said he thinks there is an area of compromise. Ms. McNeally of the Planning Staff said she thinks the District 1 Council representa- tives would be better coordinators of a meeting between the residents and the developer. After some discussion Councilman Levine moved that the public hearing be continued to Thursday, October 25th, 1979, at 7:30 P.M. in the City Council Chambers and that during the interim period the District 1 Council coordinate a meeting between the developer and the residents in an attempt to compromise the matter. Adopted. Yeas - 7 Nays - 0 C.F. No. 273793. FINAL ORDER. In the matter of installing a water main in Fry Street from Hewitt Avenue to 200 feet south, under P.O. 273667. No one appeared. Councilwoman Hunt moved approval of the order. Nays - 0 Adopted. Yeas - 7 Y C.F. No. 273794. FINAL ORDER. In the matter of installing water main in Clarence St. from York Avenue to 48 feet south, under P.O. 2.73668. No one appeared. Councilwoman Hunt moved approval of the order. Adopted. Yeas - 7 Nays - 0 C.F. No. 273795. FINAL ORDER. In the matter of, installing a water main in Fifield St. from Como Avenue to Brewster St., under P.O. 273669. (See discussion and adoption beloYeasw) 7 Nays - 0 Adopted. C.F. No. 273796. FINAL ORDER. In the matter of grading and paving, constructing concrete curb and gutter and constructing storm water drainage facilities in Fifield St. from Brewster St. to Como, under P.O. 273670. (See discussion and adoption beloYeasw) 7 Nays - 0 Adopted. C.F. No. 273797. FINAL ORDER. the matter et.from Brewster St In of condemning demninaeasement Ave slope of for undertP.0ed273671,fills in the grading (See discussion and adoption below) C.F. No. 273798. FINAL ORDER. In the matter of constructing a sanitary sewer in Fifield St. from Brewster to Como, under P.O. 273672. Dale Bergland, 1978 Como, said he is the owner of property which will be assessed in the amount of $7,000 and he said the improvement is of no value to him or to the school property across the street. At the question of the Council, Mr. Eggum said one of the three affected property owners has petitioned for the improvement. Charles Knutson said he proposes to build to on the corner of Brewster and Fifield and the street improvement will allow additional townhouse construction and he said District 12 is in favor of the improvement because of the present congestion in the area due to apartments. Mr. Kuhfeld said the Public Works Department doesn't have a problem with or without the improvement and makes no recommendation. At the question of Councilwoman Hunt, Mr. Kuhfeld said the proposal has the support of the St. Anthony Park Association. Councilwoman Hunt said no one likes assessments but we must make an attempt to provide additional housing and she moved approval of the orders. Adopted. Yeas - 7 Nays - 0 Councilman Maddox moved that the rules be suspended to consider filing the vacancy in the office of Council President caused by the resignation of President Hozza. Adopted. Yeas - 7 Nays - 0 Councilman Maddox nominated Councilwoman Showalter as Council President. Councilman Tedesco asked if there were any other nominations and there were no other nominations. Roll call on the election of Councilwoman Showalter as Council President. Adopted. Yeas - 7 Nays - 0 C.F. No. 273749. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning and adopting certain use restrictions to the area known as the Mississippi River Corridor. Laid over to October 4th for Third Reading. Claim of Joseph E. Chapple, Jr., 517 W. Wheelock Parkway, St. Paul, Minnesota, filed on September 25, 1979, was read. Referred to the City Attorney's Office. Claim of Agnes Goligoski, 1682 Lincoln Avenue, St. Paul, Minnesota, filed on September 27, 1979, was read. Referred to the City Attorney's Office. Claim of Marsha McGinn, 600 Park St., Apt. 10, St. Paul, Minnesota, filed on September 28th, 1979, was read. Referred to the City Attorney's Office. Claim of John Tomlinson, 799 S. Winthrop, St. Paul, Minnesota, filed on September 25, 1979, was read. Referred to the City Attorney's Office. Summons in the matter of Edwin F. Lawrence versus the St. Paul Arts and Science Council and the City of St. Paul. Referred to the City Attorney. Letter of Richard Zehring, Assistant City Attorney, in the matter of the use of eminent domain proceedings by the HRA in regard to property at 168 Edmund. Referred to the City Attorney. Petition to rezone property at 1768 York, aka Lots 2 and 3, Block 3, Birmingham Park Addition. Referred to the Financia Department for check as to sufficiency. Letter of Rebecca Collodora withdrawing a petition to rezone property at 637 Ohio. Filed. Letter of the Valuation Engineer requesting certain addendums as listed to the petition of the City of St. Paul for the vacation of part of Lot 8, J.W. Bass Garden Lots. (See C.F. No. 273806 later in the meeting) * Councilman Hozza suggested that the assessment be formulated to put more burden on the developer and he suggested that the Valuation Engineer be requested to set up a meeting between parties concerned in an effort to provide a more equitable assessment formula. Councilwoman Hunt agreed to make this a part of her motion. s7sos Y \ October 2nd, 1979. Administrative Orders: D 5060 - Extension of contract completion time for the regrading and paving in Leech-McBoal I.T.A. D 5061 - Extension of contract completion time for the grading, paving and sanitary sewer in Central Village Addn. D 5062 - Deductions of $1,449.36 to the Hayden Heights Branch Library Project. C.F. No. 273799. Resolution approving the applications of the HRA for abatement and cancellation of assessment as described in Application #96210 and 96484. Adopted. Yeas - 7 Nays - 0 C.F. No. 273800. Resolution giving preliminary approval to a housing development project AND issuance of revenue bonds in connection therewith AND retention of bond underwriter. (Area adjacent to the Shepard Park West Redevelopment Project bounded by Stewart, Alton, Maddison and Rockwood Streets) Adopted. Yeas - 6 Nays - 0 Abstention - 1 (Hunt) C.F. No. 273801. Resolution amending the 1979 Budget and transferring $8,000 from Contingent Reserve - General to General Government Accounts -Municipal Memberships (Dues; Financing of lobby efforts in support of tax increment financing legislation by the League of Minnesota Cities). Councilwoman Hunt said this matter was considered by the Finance Committee and this is a compromise worked out by herself and Steve Wellington and a group associated with the League of Cities and she pointed out that information has been received indicating that these funds were not used for lobbying but for background and research in connection with the whole question of tax increment financing. Councilman Hozza said he agrees with the comments of Councilwoman Hunt and it was a well worked out compromise. Councilman Tedesco left the meeting at this point. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. C.F. No. 273802. Resolution honoring Adolf Tobler. Adopted. Yeas - 6 Nays - 0 C.F. No. 273803. Resolution granting Temporary On Sale Malt Beverage License to "Discover St. Paul" Adopted. Yeas - 6 Nays - 0 Councilman Hozza left the meeting at this point. C.F. No. 273804. Resolution granting the petition of Donald and Margery Turek for the vacation of part of Magoffin Ave. lying between the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. right-of-way and the northerly extension of the west right-of-way line of Colette Place. Adopted. Yeas - 5 Nays - 0 C.F. No. 273805. Resolution granting the petition of the City of St. Paul to vacate Lots 7 and 8, Block 3, Brunson's Addition. Adopted. Yeas - 5 Nays - 0 C.F. No. 273806. Resolution granting petition of the City of St. Paul to vacate part of Lot 8, J. W. Bass Garden Lots. A letter of the Valuation Engineer was read recommending an amendment to.the conditions to provide that the proceeds from the sale of the land be returned to the Water Utility rather than the city and also recommending that $1,500 be deducted from the proceeds for the citys expenses incurred in processing the vacation. Councilman McMahon moved that the resolution be amended as recommended. Adopted. Yeas - 5 Nays - 0 Roll call on the resolution as amended. Adopted. Yeas - 5 Nays - 0 \\" October 2nd, 1979. 57806. Councilman Maddox left the meeting at this Point- C.F. No. 273807. Resolution approving and adopting revised program guidelines for the Selective Clearance Program. yeas - 4 Nays - 0 Adopted. C.F. No. 273808. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273809. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273810. Resolution granting Restaurant and Cigarette License to Leo Gadbois at 96 N. Dale St. Adopted. Yeas - 4 Nays - 0 C.F. No. 273811. Resolution granting license to Patricia Jones, dba City Wide Cab, to operate one taxicab. Yeas - 4 Nays - 0 Adopted. C.F. No. 273812. Resolution granting license to Robert Gordon, dba City Wide Cab, to operate one taxicab. Adopted. Yeas - 4 Nays - 0 C.F. No. 273813. Resolution granting Temporary On Sale Malt Beverage Licenses to persons as listed. Yeas - 4 Nays - 0 Adopted. C.F. No. 273814. Resolution granting various licenses to persons as listed. Adopted. Yeas - 4 Nays - 0 C.F. No. 273815. Resolution granting various licenses to persons as listed. Yeas - 4 Nays - 0 Adopted. Mr. Bernard Carlson, Director of Finance and Management Services, appeared and expressed appreciation to those who helped in developing the city survey and he said representatives of Mid -Continent are present to submit and explain their report. Jim Frazee and Lynn Carlin appeared representing Mid -Continent Surveys and submitted and described the citizen survey.and outlined some of its findings•roud of the Mr. Carlson again expressed appreciation and said the city can be p results and by and large the public accepts government services. Councilwoman Hunt urged that Mr. Carlson take the necessary steps to disseminate the information to various parties including the District Councils. Councilman McMahon moved thattheeasmeeting be adjourned. 0 Adopted. AD J 0 U R N E D AT 12:10 P.M. Council President. ATTEST: 0 Copies sent to Councilmen / all 9 n o c City Clerk. Minutes approved by Council � ��h 7 MINUTES OF THE COUNCIL 9:00 A.M. October 3rd, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter ... 7 Absent - None. Change of officers in Restaurant No Limit, Inc. (William 0. Naegele, President) On Sale Liquor Licensee at 276 So. Exchange Street, doing business as Forepaugh's Restaurant. (No one notified to attend.) The following resolution was submitted. C.F. No. 273816. officers in Restaurant ep Limit, Inc., holder of On Resolution approving change in Sale Liquor License at 276 So. Exchange Street dba Forepaugh's Restaurant. Councilman Hozza moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Bingo Application - Rice Street Athletic Club, 900 Rice Street, 52 periods. (Thomas Kresco, Secretary, and William Hafner, Manager, notified to attend.) The following resolution was submitted. C.E. No. 273817. Resolution granting Bingo Games License to Rice Street Athletic Club at 900 Rice Street. Councilman Levine moved approval of the resolution. Adopted. Yeas - 7 . Nays - 0 Application for the transfer of the On Sale Liquor License issued to Oak Room Bar, Inc. (Owen Green, President) at 380 Selby Avenue, to the Old Oak Room Bar, Inc. at the same address. (Owen Green and Josephine Schwartz notified to attend.) Mr. Garvey said the License Inspector's office recommends a thirty day delay on this matter and Councilman Maddox moved approval of the request. Adopted. Yeas - 7 Nays - 0 Application for a Gaming License by the Jewish Community Center of St. Paul, 1375 St. Paul Avenue. (Burton Garr and Herman Birnberg notified to attend.) The following resolution was submitted. C.F. No. 273818. Resolution granting Gaming License to Jewish Community Center of St. Paul at 1375 St. Paul Avenue. Councilman Levine moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Request by Southtown Liquor, Inc. (James R. Bresnahan, President) for a date to be set (November 21, 1979) for a public hearing on their application to transfer the Off Sale Liquor License presently issued to them at 401 Capitol Skyway Building, to the A.B. C. Liquor Warehouse, Inc. (Anna Prawdiuk, President) at 1055 Payne Avenue. (No one notified to attend.) Councilman McMahon moved that a date of hearing be scheduled for November 21st, 1979 as requested. Yeas - Nays - 0 Adopted. Letter of protest signed by nearby residents of the Minnehaha Tavern, Inc. (Alrid L. Mueller, President) On Sale Liquor Licensee at 1773 E. Minnehaha Avenue, requesting that their letter of protest be read at the City Council meeting considering license matters and also at the next City Council meeting. Mr. Carchedi circulated copies of police reports and said he talked to the manager of the bar and after reviewing the matter he feels the allegations are unfounded and Council- man Tedesco and Maddox expressed agreement. The letter was filed. October 3rd, 1979. Application for the transfer of 29 Taxicab Licenses presently issued to St. Paul Yellow Cab Company, Inc. (Robert Janecek, President) at 400 Selby Avenue, to Yellowbird, Inc. (Robert Janecek, President at the -same -address. (Robert Janecek notified to attend.) The following resolution was submitted. C.F. No. 273819. Resolution granting the transfer of twenty-nine taxicabs from St. Paul Yellow Cab Company, Inc. at 400 Selby Ave. to Yellowbird, Inc. at the same address. At the question of Councilman Hozza, Mr. Carchedi said his recommendation is for approval of the transfer of 29 cabs which are properly insured. He said another 51 licenses have no automobiles and he will meet with the City Attorney in the next few days and make a recommendation on these licenses and he said tags have been issued in the last few days for unlicensed cars on the street. Councilman Hozza questioned the recommendation for approval because there are violations and Mr. Carchedi said the necessary revocation hearing will be set up. Councilman Maddox said that he has witnessed violations of Yellow Cab Company and he has only supported them up to this date to protect the drivers. Councilman Hozza asked Mr. Janacek if he has insurance for all the cabs on the street and Mr. Janacek replied in the affirmative. Councilman Hozza asked if Mr. Janacek had Workman4s Compensation on all employees at all times and Mr. Janacek said not at all times but he does have Workman's Compensation now and the matter is of question when they haven't had it because they had not received notice from the State of Minnesota. Councilman Hozza said he is extremely reluctant to vote for the transfer today and the answers of Mr. Janacek are inconsistent with the objections he has received and he thinks there should be a.full scale revoca- tion hearing. Councilman Maddox said he realizes that Mr. Janacek has been taking some steps but he emphasized that it must be done quickly. Mr. Janacek said that it is his intent to fully sell the cabs to the drivers. At the question of Councilman Levine, Mr. Janacek said everything is up to date for the 29 cabs under consideration. Councilman Levine said that as long as everthing is up to date he would move approval of the application. At the question of Councilman Maddox, Mr. Garvey explained that a proper application has been made and is in order. At the question of Councilman Maddox, Mr. Carchedi said that they are attempting to issue tags to cabs not properly licensed. Councilman Tedesco suggested that the fine be increased from $25.00 to $100.00 and that might help the situation. At the question of Councilman Hozza, Mr. Janacek said the identical assets will remain such as garage equipment, numerous cabs and other business equipment. Councilman Hozza asked about financial recourse for claims and Mr. Janacek said claims could be filed against the St. Paul Yellow Cab Company. Mr. Garvey said in the event there is no insurance the c llaim would be filed against the assets of the company. Councilman Hozza asked if the City would be liable if the cabs are not insured or if the assets don't cover the claim and Mr. Starr said if the Council has knowledge of facts and does nothing about it then they could be negligent and held liable. At the question of Councilman Maddox, Mr. Janacek said all cabs have Workman's Compensa- tion and all the cars on the road have insurance. At the question of Councilman Hozza, Mr. Carchedi said tags have been issued to cabs not properly licensed. Councilman Hozza asked if all the cabs on the street today are properly insured and Mr. Janacek replied in the affirmative. Mr. Miley, attorney for Mr. Janacek, said in addition to the 29 licenses Mr. Janacek has licensed vehicles in other suburban areas and this is what is causing the confusion. He said the matter today is to license 29 cabs and he explained why the transfer to Yellow - bird, Inc. is necessary -and he urged approval of the transfer because it applies only to the insurance problems. He said that they have complied with the requirements of Mr. Carchedi to get certain things done and intend to report back in late October. He also said his client claims he is not getting equal treatment from Mr. Merck. At the question of Councilwoman Showalter, Mr. Carchedi said that he recommends fer of 29 cabs only from Yellow Cab Company to approval of the application for the trans Yellowbird, Inc. At the question of Councilman Maddox, Mr. Merck explained the tags that have been issued in the last few days pertaining to cabs not properly licensed. Mr. Garvey said if Mr. Janacek has insurance for vehicles he could get his suspended licenses back. Mr. Starr said he has been handed a certificate of insurance from Mr. Miley which ' appears authentic and purports to insure all vehicles. (Dicussion continued to the following page.) J 57809. October 3rd, 1979. (Discussion continued from the previous page.) Councilman Hozza said he cannot support the motion and feels we will find out even more when Mr. Janacek is under oath and he thinks the City may be open to liability. Councilwoman Hunt also indicated she cannot support the motion. She said the time has come to get a long term solution to the problems. At the question of President Showalter, Mr. Garvey said he is unsure about the ramifications if the transfer is not granted and he assumes the cabs would have to be off the streets by October 14th, 1979. Richard Timm, a driver for Yellow Cab Company and a steward for Local 120, said they have an abundance of people unemployed and they can't afford to lose any- more drivers if the licenses are not granted. At the question of Councilman Maddox, Mr. Timm said he is not aware of any case of Workman's Compensation or insurance claims pending. At the question of Councilman Hozza, Mr. Timm said if the drivers are not employed they will not need health and welfare insurance. He said every driver who qualifies is covered by the program. Councilman McMahon called for the question on Councilman Levine's motion to approve the resolution. Roll call on the resolution. Adopted. Yeas - 5 Nays - 2 (Councilwoman Hunt, Councilman Hozza) Councilman Maddox said he doesn't think this should be the end to this matter and there should be continued discussion on the ramifications of transferring the assets to a new corporation. Mr. Carchedi indicated that he will confer with the City Attorney and will be giving Mr. Janacek notice of public hearing for revocation of 51 licenses. Councilman Hozza moved that the City Attorney and License Inspector and others conduct a full inquiry upon existing claims or allegations and bring them forward at the time of the public hearing. Yeas - 7 Nays - 0 Adopted. Councilman McMahon moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:00 A.M. ?411�_Council President. ATTEST: o ��� City C erk. Copies sent to Councilment A /n Minutes approved by Council //7 i� COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter...7 Absent - No one. Hearing upon the proposed HRA property acquisition north of St. Stanislaus Development Area, Community Development Program District 9. (Six sites on Superior St. as listed). A statement was read into the record announcing that the acquisition would be in accordance with federal regulations implementing the uniform relocation assistance and real property acquisition policies act of 1970. Gerald Sovinski appeared and spoke in support of the proposal. No one appeared in opposition. Councilman Tedesco moved approval of the proposal. Adopted. Yeas - 7 Nays - 0 C.F. No. 273686. FINAL ADOPTION. ORD. NO. 16584. An ordinance repealing Chapters 282 and 2839 and adopting a new ordinance outlawing certain drug-related devices. Councilman Hozza said he again expresses reservations about the ordinance and thinks there are questions to be answered that can't be answered by the City Council and Judge Alsop is still reviewing the Eagan ordinance and we should wait for a court decision. He noted that the Fire Fighters are supporting the ordinance but we don't know the position of the Police Department. Councilwoman Hunt said she shares the concerns of Councilman Hozza and would prefer to lay the ordinance over until the courts have acted but if action is taken today she will support the ordinance. Councilman Maddox said Judge Alsop is not rehearing the case and he referred to Ila sales each year. He said if the the amount of money involved in parapherna\ court rules against the ordinance there is still the possibility of licensing the operations and he said millions of dollars are spent on rehabilitation that isn't working. Councilwoman Showalter said she visited a head shop recently and thinks it is worse then she expected and will support the ordinance. Councilman Hozza said the ordinance doesn't prohibit the things talked about by Councilman Maddox and Councilwoman Showalter and he doesn't think the ordinance will be effective. Councilman Levine said he thinks Councilman Hozza's comments are right and he said there has been little interest in the ordinance. He said he also visited a shop and was shown some of the items involved and the ordinance covers some items and some it does not and he thinks it would still be easy to purchase certain items. but it still is important to indicate to the community that we are against the sales of these items and don't condone drug use. He said he will support the ordinance but he does have questions about effect and enforcement. At the question of Councilwoman Hunt, Mr. Kessler of the Fire Fighters Union said adoption of the ordinance before the court decision was not discussed but they were aware of pending court action. Roll call on adoption of the ordinance. Nays - 1 (Hozza) Adopted. Yeas - 6 Y Councilwoman Hunt left the meeting at this point. C.F. No. 273713. FINAL ADOPTION. ORD. NO. 16585. An ordinance repealing the following Chapters of the Legislative Code as obsolete: Chapter 213, 269, 271, 275, 277 and 273.04, 273.05 and 273.06. At the question of Councilman Maddox, Mr. Starr, City Attorney, explained that this ordinance and other ordinances up for consideration today repeal various. chapters of the Legislative Code because they are either superseded by State Statute or no longer are needed and have any affect. Roll call on the ordinance. Yeas - 6 Nays - 0 Adopted. C.F. No. 273714. FINAL ADOPTION. ORD. NO. 16586. An ordinance repealing the following Chapters of the Legislative Code as obsolete: Chapters 68, 69 and 79. Adopted. Yeas - 6 Nays - 0 C.F. No. 273715. FINAL ADOPTION. ORD. NO. 16587. An ordinance amending Ordinance 913542 pertaining to No Parking Zones by adding the north side of Arlington Ave. from Snelling to Hamline Ave. during Minnesota State Fair dates. Adopted. Yeas - 6 Nays - 0 C.F. No. 273716. FINAL ADOPTION. ORD. NO. 16588. An ordinance repealing Chapters of the Legislative Code as listed as obsolete. Adopted. Yeas - 6 Nays - 0 C.F. No. 273717. FINAL ADOPTION. ORD. NO. 16589. An ordinance repealing Chapters 80, 82A, 88, 92, 92B, and Chapter 97 of the Legislative Code as obsolete. Adopted. Yeas - 6 Nays - 0. C.F. No. 273749. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning and adopting certain use restrictions to the area known as the Mississippi River Corridor. A memorandum of Councilman Hozza was read transmitting a request of the Planning Division to lay the ordinance over until it is reviewed by the State Environmental Quality Board. Councilman Hozza moved that the ordinance be laid over pending review by the State Environmental Quality Board. Adopted. Yeas - 6 Nays - 0 C.F. No. 273778. SECOND READING. An ordinance amending Chapter 32 of the Administrative Code and setting the compensation to be paid certain elected officials effective the first Tuesday in June, 1980 and the first Tuesday in June, 1981. Laid over to October 9th for Third Reading, C.F. No. 273823. FIRST READING. An administrative ordinance adopted pursuant to Chapter 260, Laws of Minnesota. for 1975, amending Ordinance No. 15975 (as amended by Ordinance No. 16504) and promulgating regulations for the City's Housing and Rehabilitation Finance Program. Laid over to October 11th for Second Reading. Claim of Susan J. Danner, 154 W. Richmond, So. St. Paul, Minnesota, filed on October.l, 1979, was read. Referred to the City Attorney's Office. Claim of Marianne Helen Haynes by Attorney Paul J. Gatto, 2350 West Seventh St., St. Paul, Minnesota, filed on October 1, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Richard Soderling, 4829 - 37th Avenue So., Minneapolis, Minnesota, filed on October 1, 1979, was read. Referred to the City Attorney's Office. Claim of Barbara D. Taylor, 1699 Case Avenue, St. Paul, Minnesota, filed on September 28, 1979, was read. Referred to the City Attorney's Office. Claim of Sandra L. Prentice, 1807 Stillwater Avenue, Apt. 5, St. Paul, Minnesota, filed on October 2, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Gene Masiello, Sr. versus the City of St. Paul Referred to the City Attorney. Letter of the Director of the Dept. of Finance and Management Services reporting the petition of Peter Sybrandt to rezone Lot 11, Block 2, Point Douglas Addition is sufficient. Referred to the Planning Commission for recommendation. 57812 \october'4th, 1979. Letter of the Valuation Engineer recommending a public hearing date for October 30, 1979 in the request 0 Champion InternationalCorporation for permission to construct fencing on portions of Myrtle Ave., Hampden Ave., Pillsbury Street and Wabash Avenue. (Requires amending of vacation granted in C.F. No. 258871). Councilman McMahon moved thatYa date 6of hearing be set as requested. Adopted. Letter of the Valuation Engineer reporting the petition of William and Bonnie Leonard for the vacation of parts of Hillwood Court and Hillwood Drive are in proper form. Filed. the petition of the St. Paul Companies, Letter of the Valuation Engineer reporting Inc. for the vacation of Auditorium Street between West Fifth St. and West Seventh Place is in proper form. Filed. Administrative Orders; Real Estate Appraisers D 5063 - Employment of Thomas Delaney and John McKenny, Acquisition. for services in connection with Luella Stormwo s Pond pedestrian bridges D 5064 Additions of $1,130 in the construction of two skyway P erle, from Donaldsons. D 5065 - Payment of $209 out of the Workers' Compensation Account to James eg Public Works Dept. employee. D 5066 - Payment of $83.60 to Steven Warner, Dept. of Community Services employee, from the Workers' Compensation Account - of 5067 - Payment of $752.15 from the Workers' Compensation Account to Gene Walbridge, Finance and Management Servicesemployee. Account to Daniel D 5068 - Payment of $4,455 from the Workers' Comp cc Norrgran, Dept. of Fire and Safety Services employee. D 5069 - Payment of $86.50 as a settlement to Lawrence Nevin, Police Dept. employee, in a third party accident. compensation Account to Dean King, D 5070 Payment of $3,628.10 from the Workers' Comp Public Works Dept. employee. D 5071 - Payment of $585 out of the Workers' Compensation Account to Thomas Carroll, Public Works Dept. employee. D 5072 - Payment of $1,463 from the Workers' Compensation Account to Gerald Conlin, Public Works Dept. employee. D 5073 - Payment of $83.60 from the Workers' Compensation Account to Steven Gauster, Public Works Dept. employee. C.F. No. 273820. \ Resolution increasing the salaries of Legislative Aides to the Council y 7% effective the first Tuesday in June, 1980 and the first Tuesday in June, 1981. on.) (Second Reading and AdoptiYeas - 6 Nays - 0 Adopted. C.F. No. 273821. inserting the title Service Resolution amending the Civil Service Rules a inserting its Worker III in Section 3.L, Grade 16, Technical Group AND specifications in Section 32. (Second Reading and Adoption) Yeas - 6 Nays - 0 Adopted. C.E. No. 273822• the Civil Service Rules by inserting the title Manpower Resolution amending Grade 5, 9 and 13, respectively in Coordinator I, II, and III in Section 3.J, their Professional -Administrative Non -Supervisors Group AND inserting specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273824. Resolution amending the Salary plan and Rates of Compensation Resolution to allow payment through the five-year plan for exempt employees. (Second Reading and Adoption) yeas - 6 Nays - 0 Adopted. C.F. No. 273825. plan and Resolution amending Section IIB of the SayDentist-Cl Ratenicsof and Medical Resolution and adjusting the rate of pay for Examiner. (Second Reading and eAdoption) Nays - 0 Adopted. October 4th, 1979. 57813:/ C.F. No. 273826. Resolution amending the Civil Service Rules and inserting the title Manpower Employment Counselor in Section 3.L, Grade 30, Technical Group AND inserting its specifications in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.E. No. 273827. Resolution amending the Civil Service Rules and inserting the title Adjudication Specialist in Section 3.J, Grade 3, Professional -Administrative Non Supervisors Group AND inserting its specification in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273828. Resolution approving the District #11 Plan. Adopted. Yeas - 6 Nays - 0 C.F. No. 273829. Resolution directing the Civil Service Commission to conduct an examination for the position of Judges of Election and to establish a list of candidates for same. Adopted. Yeas - 6 Nays - 0 C.F. No. 273830. Resolution approving the appointment of Michael Fetsch as special counsel in an affirmative action rules violation case entitled "Donald Lewis, Director, Dept. of Human Rights versus Barton Contracting Company". Adopted. Yeas - 6 Nays - 0 C.E. No. 273831. Resolution granting transfer of Beauty Shop License to Linda S. Bowman from 1695 E. Seventh St. to 1646 E. Seventh St. Adopted. Yeas - 6 Nays - 0 C.F. No. 273832. Resolution granting transfer of Off Sale Malt Beverage License and other licenses from Paul Damico at 213 Front Ave. to Catherine Robinson and George Asimos at the same address, dba North End Grocery. Adopted. Yeas - 6 Nays - 0 Caroline Thomforde, 707 No. Grotto, appeared and read a statement pertaining to court actions involved in a real estate property matter. Councilman Hozza suggested that the City Attorney be asked to investigate and report back to the Council on any action that would be necessary and he moved that the matter be referred to the City Attorney for report. Adopted. Yeas - 6 Nays - 0 Councilman Hozza indicated he is prepared to discuss the matter of the liquor investigation either today or on the next agenda and at the request of Councilwoman Showalter he moved that the matter be placed on the Tuesday, October 9th, agenda. Adopted. Yeas - 5 Nays - 0 Abstention - 1 (Tedesco) Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 AD J 0 U R N ED AT 10:50 A.M. Council President. ATTEST: City C rk. Copies sent to Councilmen /% A �1 U Minutes approved by Council a�/2 57814." MINUTES OF THE COUNCIL 10,00 A. *M* \ October 9th, 1979 COUNCIL CHAMBERS CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:07 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter ... 6 Absent - Councilman Hozza...l (Councilman Hozza arrived at a point during the meeting.) Hearing was held on the petition of Summit Court, Inc. to vacate part of the alley in Block 13, Woodland Park Addition. James Stolpestad, Attorney representing the petitioners, appeared and said they are prepared to answer any questions concerning the proposal and he referred to a letter he submitted to each Councilman wherein they agree to all the conditions requested by Mr. Davis. At the question of Councilwoman Hunt, Mr. Stolpestad said they are willing to incorporate all the conditions in the resolution. Dan Wagers, 412 Holly, said he also owns 429 Holly and he asked for additional time so he could go over the plans with the applicant. After some discussion Councilman Levine moved that the matter be continued until Thursday, October 11th, to allow time for discussion between the parties involved. Adopted. Yeas - 6 Nays - 0 Hearing was held on the petition of Dart Transportation Company for the vacation of streets and alleys in Kittson's Addition. At the recommendation of Mr. Donovan, Councilwoman Hunt moved that the matter be continued for one week to October 16th. Adopted. Yeas - 6 Nays - 0 Hearing was held to consider the adoption of service charges against benefited properties for the 1979 Street Maintenance Program. No one appeared and the following resolution was submitted. C.F. No. 273833. Resolution adopting service charges as a special assessment against benefited properties for the 1979 Street Maintenance Program. Councilman McMahon moved approval of the resolution.- \ Adopted. Yeas - 6 Nays 0 C.F. No. 273834. FINAL ORDER. a water main in Trout Brook Circle from Arlington In the matter of constructing Avenue south to the cul-de-sac, under P.O. 273694. No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273835. FINAL ORDER. and taking an easement in the land necessary for slopes, In the matter of condemning fills for the grading and paving of Trout Brook Circle from Arlington cuts and Avenue to approximately 800 feet south, under P.O. 273695. No one appeared. Councilman Levine moved approval of the order. - 0 Adopted. Yeas - 6 Nays C.F. No. 273836. FINAL ORDER. of improving Trout Brook Circle from Arlington Avenue south to In the matter cul-de-sac, under P.O. 273696. No one appeared. Councilman Levine moved approval of the order. Adopted. Yeas - 6 Nays - 0 C.F. No. 273837. FINAL ORDER. a sanitary sewer in Trout Brook Circle from ' In the matter of constructing Arlington Avenue south to cul-de-sac, under P.O. 273697. No one appeared. Councilman Levine moved approval of the order. 0 Adopted. Yeas - 6 Nays - \ \`. October 9th, 1979. 57815. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing sanitary sewer and sewer service connections in Springside Drive from Allston St. to Pt.. Douglas Rd. in Lenox Ave. from Winthrop St. to relocated Wildview Ave., in portions of relocated Wildview Ave., in Allston St. from an easement to Springside Drive and in Winthrop St. from Lenox Ave. to relocated Wildview Ave. (P.O. 268517) (Laid over two weeks to October 23rd - See discussion below) RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing water main and water service connections on portions of Allston St., Wildview Ave., Lenox Ave. and Winthrop St. (P.O. 266966) (Laid over -two weeks to October 23rd - See discussion below) RESOLUTION RATIFYING ASSESSMENT. In the matter of grading and surfacing, constructing curb and gutter and constructing drainage facilities in Allston St. from Springside Drive to relocated Wildview Ave. and relocated Wildview Ave. and Lenox Ave. from Allston St. to Lenox Ave. (P.O. 266938) Mr. Donovan, Valuation Engineer, explained that construction was done over the last two years andhe cited the cost of the improvement and the portion assessed to property owners and said the total assessment is $65.61 a front foot. He said he feels the assessment is in line with other improvements but because of the size of the lots the individual assessments are very high and he recommended that they be payable over a twenty year period. Arthur Cheney, Attorney representing Mr. and Mrs. Makens, said they don't feel the assessment benefits the property in the amount of the assessment and he said they own five lots and their assessment is $18,000. Mr. Donovan explained the Maken assessment and said he feels the property is benefited at the rate assessed. At the question of Councilman Levine, Mr. Donovan said the proposed assessment for another improvement considered today is over $100 a front foot. Councilwoman Hunt said she thinks there must be a uniform assessment policy and there doesn't seem to be any way to deal with this problem. Mr. Eugene Avery said he owns property in the area and asked that the interest rate be set at six percent rather than eight percent because of the length of time this matter has been before the Council. Councilman Tedesco said he thinks Mr. Avery's request is fair and if it is within his authority he would move that the interest rate be set at six percent. Larry Pieper, 866 Lenox, said he owns one lot that barely touches the cul-de-sac and is charged for a 50 foot assessment and he already has access on another street and doesn't need access to Lenox. Mr. Donovan explained that if the lot is sold it could be with accessto Leox and he indicated that he could meet with property owners concerning questions about the assessment. Frank Baskfield, 2200 Valley View Place, said he owns hillside property on Springside and at one point the planning people felt the property was too steep to build on and it was later determined that one half of the property is buildable. He said he thinks with imagination only one lot would be buildable. Councilman Hozza arrived at this point in the meeting. Mr. Donovan said at the time of adoption of the final order a decision was made to assess this property at 50 percent and he said they did not percent is buildable but that the assessment would be cut by fifty petts t because steep slope. Councilwoman Hunt suggested that the matter be laid over to allow a meeting between Mr. Donovan and the property owners. Councilman Maddox moved that the resolutions be continued for two weeks, to October 23rd, 1979. Councilman Tedesco asked consideration of his motion to reduce the interest to six percent and Councilman Maddox said he would include approval of six percent interest in his motion to continue the matter for two weeks. At the question of Councilman Hozza, Mr. Starr, City Attorney, said the Council has authority to vary the interest rate. Roll call on the motion. Yeas - 7 Nays - 0 Adopted. C.F. No. 273838. RESOLUTION RATIFYING ASSESSMENT. In the matter of installing a public water main in Suburban Ave. from Frank St. to 300 feet east of the centerline of Frank St. (P.O. 270813) Mr. Noll said he had water before this improvement and he doesn't feel he should pay for a developers cost. (Discussion continued to the following page). 57816.r `October 9th, 1979. (Discussion continued from the previous page). Mr. Al Coulter of the Water Department Staff said this home was served by a temporary main and when a temporary main is installed the original owner agrees to connect to a permanent main when it is available. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas 7 Nays - 0 C.F. No. 273839. RESOLUTION RATIFYING ASSESSMENT. In the matter of installing a public water main in Woodbury St. from Morton St. erline of Morton St. (P.O. 271134) to 120 feet north of the cent No one appeared. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273778. THIRD READING. An ordinance amending Chapter 32 of the Administrative Code and setting the compensation to be paid certain elected officials effective the first Tuesday in June, 1980 and the first Tuesday in June, 1981. Laid over to October 16th for Final Adoption. C.F. No. 273840. FIRST READING. An ordinance amending Section 74.02 (B) of the St. Paul Legislative Code to households with children. prohibit discrimination in housing against families or Councilman Maddox moved that the ordinance be referred to the Legislation Committee for an evening meeting by the committee of the whole. Ron Smith appeared and said he understands a similar or has been drafted for consideration by the Human Rights Commission tonight and he urged that this matter be laid over until the Human Rights Commission has had an opportunity to meet on this subject.an Councilman Maddox indicated he metwith te Director f Hum tsRights and the Human Rights Department will have an opportunity ortunity Councilwoman Hunt said the Human Rights Commission should have an opp to conclude their deliberations but the ordinance could be introduced and referred to committee but shouldn't be considered until after the commission completes their activities. other way and it would Councilman Maddox said he has no intention of doing it any \ probably be three or four weeks before the committee considers the matter. Councilman McMahon suggested that the ordinance be referred to the City Development and Transportation Committee rather than the Legislation Committee because that committee usually considers housing matters. Councilman Hozza said he thinks it is the chairmans decision on which committee but the Legislation Committee is the most appropriate should consider the matter because it is a change in the Human Rights Ordinance. Council President Showalter referred the ordinance to the Legislation Committee for consideration by the committee of the whole. C.F. No. 273841. FIRST READING. An ordinance amending the Legislative Code so streets as to oasul stedefordtheophysically for the establishment of parking spaces handicapped. Laid over to October 16th jor Second Reading. C.F. No. 273842. FIRST READING. An ordinance amending Section 18.02 "D" of the Legislative Code an prohibiting the connection of rain leaders to the sewer system. Laid over to October 16th for Second Reading. C.F. No. 273843. FIRST READING. An ordinance amending Chapter .60 of the Legislative Code and rezoning property located at the southeast corner of Larpenteur and Galtier, aka Lots 28 and 29, Block 4, Rice Street Villas. Laid over to October 16th for Second Reading. C.F. No. 273844. FIRST READING. An ordinance amending Section 12.09 of the City Charter as it pertains to collective bargaining agreements. Laid over to October 16th for Second Reading. Councilman Maddox left the meeting at this point. C.F. No. 273845. raph 8 and 9 of Section 6.D of Civil Service Rules Resolution amending parag concerning the temporary elimination of numerical performance evaluations in the option; Letter of Chairperson of Committee Fire Department. (Second Reading and Ad on Finance recommends approval). Adopted. Yeas - 6 Nays - 0 _ J 57 817. October 9th, 1979. Councilman Maddox returned to the meeting at this point. Claim of Lloyd Anderson, 1627 Edmund Avenue, St. Paul, Minnesota, filed on October 4, 1979, was read. Referred to the City Attorney's Office. Claim of Maynard Engelstad, 5736 - 34th Avenue So., Minneapolis, Minnesota, filed on October 5, 1979, was read. Referred to the City Attorney's Office. Claim of Jeffrey Gassler, Rodger Cain and Robin Duemke by Attorney Brian Miller, 1616 Park Avenue, Minneapolis, Minnesota, filed on October 3, 1979, was read. Referred to the City Attorney's Office. Claim of Mary Herbst, 890 W. Hoyt Avenue, St. Paul, Minnesota, filed on October 4, 1979, was read. Referred to the City Attorney's Office. Claim of William H. Halgren, 2575 Plaza Circle, St. Paul, Minnesota, filed on October 5, 1979, was read. Referred to the City Attorney's Office. Claim of Bernice C. Kennedy by Attorney Robert E. Faricy, 1040 Northwestern Bank Bldg., St. Paul, Minnesota, filed on October 3, 1979, was read. Referred to the City Attorney's Office. Claim of Pauline Nelson by Attorney Danield Klas, 143 E. 4th St., St. Paul, Minnesota, filed on October 3, 1979, was read. Referred to the City Attorney's Office. Claim of Anthony Zangs, 1391 N. Albert, St. Paul, Minnesota, filed on October 5, 1979, was read. Referred to the City Attorney's Office. Letter of William Patton, Administrator of Community Development, recommending a public hearing date for 7:30 P.M., November 20, 1979, to hold the annual performance hearing on the Community Development Block Grant Program. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 Letter of Metropolitan Parks and Open Space Commission requesting a meeting date with the City Council or appropriate city committee, to discuss revision of the Recreation Open Space Policy Plan. Referred to the City Development and Transportation Committee. \ Letter of Paul McCloskey, Assistant City Attorney, transmitting the request of the St. Paul Civil Service Commission to rescind a resolution (C.F. 273710) recommending that candidates for Police Chief be selected from present employees. Councilwoman Hunt said she voted for the resolution but had reservations at that time and is prepared to move for reconsideration of C.F. 273710.. Councilman Hozza said he thinks reconsideration is moot when a resolution is adopted, signed, and effective and he thinks the Council made it clear that it was only an opinion. He said the matter is of such importance that the Council should communicate with the Civil Service Commission. Councilwoman Hunt said she also feels there is a lack of communication and the matter should be cleared up and she suggested that the Civil Service Commission be asked to meet with the Council. Councilwoman Showalter said she would prefer further communications and she thinks there has been some misunderstanding. Councilman Tedesco and McMahon agreed on the need for further communication. Councilwoman Hunt moved that the Council reconsider C.F. 273710. Councilman Maddox said he agrees on the need for communication but doesn't favor reconsideration. Mr. Starr, City Attorney, suggested a review of procedures by the City Attorney with a report back to the Council on Thursday. Councilman Maddox left the meeting at this point. Bill Gillespie of the St. Paul Police Federation urged that the Civil Service Commission be requested to move quickly and select a new Police Chief and he said he thinks -.ah ere are qualified candidates within the department. Councilman Levine urged that a time limit be considered by the Civil Service Commission so there is a orderly transition period. Councilman Hozza moved that the matter be continued until Thursday, October 11th. Adopted. Yeas - 6 Nays - 0 57818. \ l.Octaber 9th, 1979. Letter of the Assistant City Manager of Roseville, Minnesota, submitting the proposed Comprehensive Plan of that locale. Filed. Letter of the AFL --CIO Trades and Labor Assembly transmitting that organizations position in favor of the Downtown People Mover project. Filed. Letter of the Valuation Engineer reporting the petition fformin and Viola Witte for the vacation of part of Territorial Road is in proper Filed. Administrative Order D-5074 as on file in the City Clerk's Office was noted. Councilman Tedesco left the meeting at this point. C.Y. No. 273846. Resolution authorizing the issuance of $430,000 Port Authority Revenue Bonds for remodeling of the second and third floors in the Doerfler Square Bldg. into 's Office. office space for use by the County Attorneyddtionalons Councilman o rfler until theenewemanagementodoesvotesomethingfor anyato1correctcthe tproblems at regarding security and maintenance. Councilman Hozza said this is not city money or taxation money and he thinks the concerns o£ Councilman Levine should be directed to the Port Authority Staff. ted about the problems Councilman Levine moved that the Port Authority be aler regarding security and maintenance.eas 5 Nays - 0 Adopted. Roll call on the resolution. seas 5 Nays - 0 Adopted. C.7. No. 273847• Resolution authorizing issuance of a $2,750 000 tax exempt mortgage note for , , financing of an office -office services facility for Transfer Road II Company in Midway Industrial Park. Yeas - 5 Nays - 0 Adopted. C.F. No. 273848. Resolution approving the appointment of Hubert White to replace James Verstraete as Downtown Council's representative 5to the Skyway Naysomo0ion Committee. Adopted. C.F. No. 273849. Resolution accepting the proposed Registered Land Survey entitled (tentatively GG). Yeas - 5 Nays - 0 Adopted. C.F. No. 273850. Thomssen Greenbrier Park Addition. Resolution approving the Clapp- Nays - 0 Adopted. Yeas - 5 C.F. No. 273851. Resolution authorizing sewer service to firms asOlisted. Adopted. C.F. No. 273852. Resolution adopting the 111980 Residential Street Paving Program Guidelines" (RSPP).Yeas - 5 Nays - 0 Adopted. C.F. No. 273853. e of Maplewood and Resolution oriointfinancing ofagreement drainage facilities adjacent to the Ramsey Countyty for joint White Bear Avenue-Larpenteur Ave. intersection as a portion of the Flandrau- oy Sewer Improvements Project. Yeas - 5 Nays - 0 Adopted. C.F. No. 273854. property at 1304 Resolution permitting Thomas and Nancy Carbone, owners of p p Y S. McKnight Rd., to make a sanitary sewer connection with the City of St. Paul sewer in McKnight Rd. yeas - 5 Nays - 0 Adopted. October 9th, 1979. 57819. C.E. No. 273855. Resolution authorizing payment from the Tort Liability Fund of $800 to Steven Joseph Skiba. Adopted. Yeas - 5 Nays - 0 C.F. No. 273856. Preliminary Order for the opening, grading and paving of an alley in Block 31, Auerbach and Hand's Addition from Lawson to Cook Ave. AND setting date of public hearing for November 6, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273857. Preliminary Order for the condemning and taking a permanent easement for alley purposes on part of Block 31, Auerbach and Hands Addition AND condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving for the proposed alley in Block 31, Auerbach and Hands Addition AND setting date of public hearing for November 6, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 273858. Resolution amending the legal description contained in C.F. No. 273581 being a resolution vacating a part of Conway St. Adopted. Yeas - 5 Nays - 0 C.F. No. 273859. Resolution approving the rules and regulations of the St. Paul Skyway System. Adopted. Yeas - 5 Nays - 0 C.F. No. 273860. Resolution expressing thanks to the Northwest Area Foundation for its gift of $280,000 to the St. Paul Energy Project (Phase I) AND authorizing a Grant Agreement pledging the sum to the aforementioned Project. Adopted. Yeas - 5 Nays - 0 Councilman Hozza referred to his memorandum concerning the liquor investigation and he said he has come to the conclusion that nothing new will come out of an investigation and we know enough to make the necessary legislative changes. Councilwoman Hunt said she agrees and Councilman Hozza suggested that a resolution be drawn rescinding the original action of the Council and that the Council also consider transferring the funds from the account. Councilwoman Hunt moved that the necessary resolution be prepared rescinding the Councils previous action on a liquor investigation. Adopted. Yeas - 5 Nays - 0 Councilwoman Hunt moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 ADJOURNED AT 11:30 A.M. Council President. Z T• 4 O City C1 k. Copies sent to Councilmen ��� Minutes approved by Council /0�-/� 57820 J MINUTES OF THE COUNCIL 9:00 A.M. \ October 10th,,1979 COUNCIL CHAMBERS-- CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Maddox, McMahon, Tedesco, President Showalter ... 4 Absent - Councilmen Levine, Hozza, Hunt ... 3 Councilman Tedesco moved that Councilmen Levine, Hozza and Hunt be excused from today's meeting. Yeas - 4 Nays - 0 Adopted. .Application for a Gaming Session License by the St. Paul Jaycees C aritabJoseph Foundation at 320 Bremer Building (William f A. Songaresoluesidtion twas submitted. and Leonard, Manager, notified to attend.) The C.F. No. 273861. Resolution granting Gaming Session License to the St. Paul Jaycees Charitable Foundation at 320 Bremer Building. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Application for a Hotel License by Grand Hotel Corporation at 405 N. Washington Street. (Austin J. Baillon notified to attend.) Councilman Maddox moved approval of the application. \ Adopted. Yeas - 4 Nays - 0 Public hearing on the application for the transfer of the On Sale Liquor License issued to the Criterion Restaurant., Inc. at 739 University Avenue to 857 Grand Avenue. No one appeared. royal of the application. Mr. Carchedi, License Inspector, recommended app Councilman Maddox moved that the applicationNbe O approved. Adopted. Yeas Councilman Tedesco moved thattheeasmeeting beNaysadjourned. Adopted. ADJOURNED AT 9:10 A.M. Council President. ATTEST: i City lerk. Copies sent to Councilmen Minutes approved by Council 57821. J MINUTES OF THE COUNCIL 10:00 A.M. October 11th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hozza, Hunt,.Levine, Maddox, McMahon, Tedesco, President Showalter ... 7 Absent - None. Approval of City Council Meeting Minutes of September 13, 18, 19, 20 and 25, 1979. Councilman Hozza moved approval of the minutes. Adopted. Yeas - 7 Nays - 0 Hearing on the petition of Summit Court, Inca to vacate part of the alley in Block 13, Woodland Park Addition. A revised report of the Valuation Engineer dated October 10th, 1979 was noted and circulated. Mr. Stolpestad, attorney for the petitioner, said they are in agreement with the revised report and the issue of parking will be taken up at a later date. Mr. Davis, attorney representing two property owners in the block, said they have resolved their differences and the question of overflow parking will need Planning Commission approval in the future. He said the property owners are concerned that adequate parking be provided and they request that Holly Ave. be restricted to residential parking only. Don Wagers, 412 Holly and owner of 429 Holly, said there<are 11 neighbors behind the efforts and a meeting since the last hearing has satisfied their concerns. Councilwoman Hunt moved approval of the petition -subject to the terms and conditions recommended by the Valuation Engineer with the understanding that there be no commitment on parking until the issue is formally before the City Council. Adopted. Yeas -.7 Nays - 0 C.F. No. 273862. Resolution ordering the correction or wrecking and removal of a structure at 1380 Sargent (garage only). No one appeared on behalf of the owner. Tom Strokirch of the Housing Code Division circulated pictures of the building, des- cribed its condition as hazardous and recommended demolition. Councilman Maddox left the meeting at this point and returned later in the meeting. \ Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 Councilman Maddox returned to the meeting at this point. C.F. No. 273642. FINAL ADOPTION. A.=, ordinance establishing a mandatory retirement age of 65 for City employees in the uniformed division of the Police and Fire Departments. Mr. Terrance Sullivan, Assistant City Attorney, appeared to present testimony on behalf of the Fire Department in support of the ordinance. At the question of Mr. Sullivan, Fire Chief Steve Conroy explained the duties of a f reman;-his former experience as a fireman and the need for strenuous acts during fire fighting operations and he said he feels that a retirement age of 65 is important. He said the physical condition of firefighters at age 65 is not as good as younger persons and he maintains the retirement age should be 58 or 60. He referred to a study made concerning the subject and he also referred to the presence of Captains, District Chiefs and Deputy Chief at fires aiding in rescue work. Councilman Levine said he thinks documentation has shown the need for good condition and he commended the Fire Department for the physical condition of the firefighters. Councilwoman Hunt said 'she doesn't feel there has been enough:evidence to support adoption of the ordinance with the Police Department included and she said the Police Administration did not take the same position as the Fire Department. (Discussion continued to the following page.) J 57822. October 11th, 1979. (Discussion continued from the previous page.) At the question of Councilman Hozza, Mr. Sullivan said the record lacks evidence to uphold a decision on the Police Department. .At the question of Mr. Sullivan, Deputy Chief Heinen referred to the types of duties of firefighters and described life saving duties and explained the amount of equipment that adds a considerable amount of weight and sometimes requires walking up many flights of stairs. At the question of Councilman Hozza, Deputy Chief Heinen explained a report concerning time loss and Workmen's Compensation. At the question of Councilman McMahon, Deputy Chief Heinen said there is only one employee at the present time over 65 years of age. Dennis Kessler, Captain on the Fire Department and President of the Firefighters Union, Local X621, read and submitted a statement outlining the duties of the position of firefighter and in support of the ordinance. Councilwoman Hunt moved that the ordinance be amended by deleting references to the Police Department. Adopted. Yeas - 7 Nays - 0 The 6rdinance was laid over one week to October 18th, 1979 for Final Adoption. Councilman McMahon moved that the rules be suspended pertaining to the order of business and to consider items not on the agenda. Adopted. Yeas - 7 Nays - 0 C.F. No. 273863. Resolution designating Friday, October 12, 1979, as Business, Labor and Industry Day in the City of St. Paul. Louie Myer, President of the Chamber of Commerce, and Jerry Regals, President of the St. Paul Trades and Labor Assembly, appeared and expressed appreciation for the resolution and pledged continued support and cooperation. Councilwoman Showalter read a telegram of congratulations for St. Paul's 125th Anniversary from the Minneapolis Central Labor Union. Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 C.F. No. 273864. Resolution authorizing continuation of implementation planning for the Downtown People Mover Program. Frank Hammond, President of Operaton 85, appeared and expressed the need for further study and urged support of the resolution. Councilman Hozza said parking is now part of the program and the DPM is contingent \ on parking.. He said the high cost of fringe parking is possible without an increase in the tax base. Councilman Maddox expressed support of the resolution and Councilman Levine expressed support and commended the efforts of Mr. Hammond and others and he said he thinks this is the right course to follow in the downtown development. Councilwoman Hunt said she feels that a majority of the citizens are not in favor of the process and is not convinced the project should go ahead at this point and would only support it if the citizens could voice their opinion. Councilman Levine referred to a thorough discussion of the subject by Councilman Hozza through the district council.process and he said wide support was received for the project and he said he agrees on.the need for more work on communications but the ultimate decision lies with the Council. Councilman Hozza said the legislative bill requires consent by the Council and the MTC and the City Charter allows initiative, recall and referendum and the mechanism exists for this procedure. He said he can't finally judge the project without all the details and most groups have voted unanimously in favor of this project. Councilman Maddox stressed the importance of a parking decision and said he hopes the package can be sold in the neighborhoods. Councilwoman Showalter said she will support the resolution and she referred to discussions in the West 7th area about a fixed rail system to the airport. Roll call on the resolution. Adopted. Yeas - 6 Nays - 1 (Hunt) Councilman Maddox left the meeting at this point. C.F. No. 273865. Resolution authorizing the submission of an application for an emergency preparedness grant to the State of Minnesota, Office of Emergency Preparedness. Adopted. Yeas - 6 Nays - 0 C.F. No. 273866. Resolution approving the nomination by the Mayor of Harry Gaston to sit on the Civil Service Board for a suspension hearing because Albert Zangs is unable to attend. Adopted. Yeas - 6 Nays - 0 57823 Y October -11th, 1979. Letter of Councilman Levine, Chairman of the City Development and Transporta- tion Committee, was read reporting that the City Development and Transportation Committee approved the revised neighborhood commercial area improvement program guidelines. Councilman Levine moved approval of the guidelines with the bonds to be sold as quickly as possible. Yeas - 6 Nays - 0 Adopted. C.F. No. 273823. SECOND READING. An administrative ordinance adopted pursuant to Chapter 260, Laws of Minnesota for 1975, amending ordinance No. 15975 ( as amended by ordinance No. 16504) and promulgating regulations for the City's Housing and Rehabilitation Finance Pro- gram. Laid over to October 16th, 1979 for Third Readin . C.E. No. 273867. FIRST READING. An ordinance amending Section 76.02 of the Administrative Code by providing for the filing of Petitions in the period for filing Affidavits of Candidacy. Laid over to October 18th, 1979 for Second Reading. C.F. No. 273868. FIRST READING. rate of pay for An ordinance fixing the compensation of judges of election provedeJuly 20, 1978. attending instruction meetings, amending Ord. No. 16448, app y Laid over to October 18th 1979 for Second Reading. Claim of Margaret Casey, 98 N. Cleveland Ave., St. Paul, Minnesota, filed on October 5, 1979, was read. Referred to the City Attorney's Office. Claim of Larry J. Walter, 834 N. Hazel, Apt. 104, St. Paul, Minnesota, filed on October 9, 1979, was read. Referred to the City Attorney's Office:: - Councilman Maddox returned to the meeting at this point. Letter of Paul F. McCloskey, Assistant City Attorney, transmitting the request \ of the St. Paul Civil Service Commission to rescind a resolution (C.F. No. 273710) recommending that candidates of Police Chief by selected from present employees (Laid over from Oct. 9, 1979 for response from City Attorney relative to suggested action.) The following resolution was submitted. Resolution rescinding C.F. No. 273710, adopted September 18, 1979, which recommended that the Civil Service Commission select candidates for the position of Police Chief from present employees of the Police Department. Councilwoman Hunt suggested an additional resolve paragraph which would request a meeting with the Civil Service Commission to discuss this matter. Council Maddox said he cannot support the resolution but he agrees on the need for more communication. good especially with the amendment Councilman Hozza said he thinks the resolution is g es P and the Council should reinforce the duties given to the Committee. At the question of Councilman McMahon, Councilman Hozza said he supports a joint meeting with the Civil Service Commission and he also favors an appointment from within the Department. Councilman Tedesco said he will in all probability vote for a person from within the Department but he doesn't want to limit candidates. Councilman Levine said he wants to continue with support of the original resolution of the resolution after a meeting with and Councilman Maddox suggested consideration the Civil Service Commission. t favor advertising and paying for expense of Councilman Maddox said he does no applicants from all over the United States. Councilman Hozza said he thought the original resolution was a statement of position and should not have been interpreted as binding. Councilwoman Showalter said she agrees that a meeting should be held before consideration of the resolution. Councilman Maddox moved that the resolution be tabled until after a meetin g, with the Civil Service Commission.McMahon, President Adopted. Yeas - 4 (Councilmen Levine, Maddox, Showalter) Nays - 3 (Councilwoman Hunt, Councilmen Hozza, Tedesco) (Discussion continued to the following page.) 57824/ October 11th, 1979. (Discussion continued from the previous page.) Councilman Hozza moved that a meeting with the Civil Service Commission be set up as soon as convenient for both bodies. Adopted. Yeas - 7 Nays - 0 C.F. No. 273869. Resolution amending C.F. No. 273712 AND increasing the membership of the Housing Task Force to sixteen member limit AND approving appointments of persons as listed. Adopted. Yeas - 7 Nays 0 C.F. No. 273870. Resolution approving the appointments`of--Lori Appleby and Eduardo Villalon to the \ Advisory Committee on Chican/Latino Affairs. (FufIll unexpired terms of Kathleen Hale and Manuel Guerrereo, respectively.) Adopted. Yeas - 7 Nays - 0 C.F. No. 273871. Resolution recommending that the Joint City Hall and Courthouse Committee evaluate the automation of elevators in the Courthouse with a view towards implementation of this recommendation. At the question of Councilman Tedesco, Councilwoman Hunt said this proposal is recommend- ed by the Finance Department and the Citizens Budget Advisory Committee. Councilman Tedesco referred to the clientele of the Courthouse and said it could lead to a dangerous situation especially for female employees. Councilwoman Hunt pointed out that this is not a decision but a proposal to get a further evaluation. Roll call on the resolution. Adopted. Yeas - 6 Nays - 1 (Tedesco) Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 11:55A.M. Council President. ATTEST; City Clerk. Copies sent to Councilmen Minutes approved by Council. MINUTES OF THE COUNCIL 10:00 A.M. October 16th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present Councilmen Hozza, Hunt, Levine, Maddox, McMahon, President Showalter ... 6 Absent Councilman Tedesco...1 Five members of the British Parliament were at this time introduced to the City Council and welcomed to the City of Saint Paul C.F. No. 273872. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for Boarding -Up for the period April 1, 1979 thru May 31, 1979 and Demolition for the period June 1, 1979 thru June 30, 1979. No one appeared. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 C.F. No. 273873. RESOLUTION RATIFYING ASSESSMENT. In the matter of the assessment for Summary Abatement for the period May 1, 1979 thru May 31, 1979. No one appeared. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 Hearing on the petition of Dart Transportation Company for the vacation of streets and alleys in Kittson's Addition. Councilman McMahon indicated that this matter will come before the Public Works Committee on Friday of this week and he moved that the hearing be continued until October 25th. Adopted. Yeas - 6 Nays - 0 Councilman McMahon moved that the rules be suspended to consider two resolutions not on the agenda pertaining to the Police Chief Examining Committee. Adopted. Yeas - 6 Nays - 0 Resolution rescinding C.F. No. 273513 which designated the Civil Service Commission as the special examining committee to determine persons eligible for appointment to the office of Police Chief. Councilman Hozza said he has no objection to discussing the matter under suspension of rules but he understands there are problems over and above those we are aware of and he suggested the Council meet with the Civil Service Commission prior to adoption of the resolutions. He said we should talk to them about general problems and also the matter of the selection of Police Chief and then adopt the resolution - and he also said the matter was originally discussed with the Mayor and he is probably not aware of recent events. Councilman Maddox said he concurs in part of Councilman Hozza's comments but he plans to support the resolution of Councilman McMahon. He said he is amazed about all the comments in the media on politics when the Civil Service Commission is a politically appointed body. Councilman Devine said he thinks we should move as quickly as possible and he doesn't favor a delay in the process. Councilwoman Hunt said she agrees there should be more discussion and we shouldn't of rules until after a meeting with the Civil pass the resolution under suspension Service Commission and the Mayor. Councilman McMahon said the Civil Service Commission made it clear that they won't have anything further to do with the matter and he said he met with Mr. Broeker and he indicated that his resolution is what they wanted to do in the first place. Councilman Hozza said he sees no problem in waiting until after a meeting with the Civil Service Commission and unless there is agreement to hold the resolution he will ask referal of the resolution to the Personnel Committee. (Discussion continued to the following page). 57826 ✓ \.October 16th, 1979. (Discussion continued from the previous page). Councilman Maddox said he thinks the staff is taking leadership roles rather than elected officials and the question is whether we should spend money to go nationwide to get candidates. he HozzaCouncilman ed theindicated n and la second resolution not withdraw the establishing dCouncilman establi.sho ga special examining committee be referred to the Finance, Management and Personnel committee and it was so ordered.Prsident Counussmion ofdCouncildrulesoand hee esaid hCounce hasequestions lc concerning the committee disc system and public hearings. indicated the matter could be put on an agenda or Council President Showalter discussion. FINAL ADOPTION. ORD. NO. 16590. C.F. No. 273778, An ordinance amending Chapter 32 of the Administrative Code and setting the compensation to be paid certain elected officials effective the first Tuesday in June, 1980 and the first Tuesday in June, 1981. Adopted. Yeas - 6 Nays - 0 C.F. No. 273823. THIRD READING. An administrative ordinance adopted pursuant to Chapter 260, Laws of Minnesota 16504) and for 1975, amending Ordinance No. the CitySs(Houas singdanded bRehabilitat ony Ordinance , Finance Program. promulgating explainedsHous proposed amendments to the ordinance Mr. Hart, Assistant City Attorney,the substitution of a and Councilman Hozza moved that the ordinance be amended by new draft. yeas - 6 Nays - 0 Adopted. The ordinance was laid over to October 23rd for Final Adoption. C.F. No. 273841. SECOND READING. eprovide for the An ordinance amending the spaces handicapped. establishment of parking onstreets as listed Laid over to October 18th for Third_ Reading. slative Code and p C.F. No. 273842. SECOND READING. rohibiting i An ordinance amending Section 18.07 "D" of the Leg' the connection of rain leaders to the sewer system. Laid over to October 18th for Third Reading C.F. No. 273843. SECOND READING• ro ert An ordinance amending Chapter 60 of the Legislative Code and rezoning p P located at the southeast corner of Larpenteur and Galtier, aka Lots 28 and 29, Block 4, Rice Street Villas. Laid over to October 18th for Third Reading. C.F. No. 273844. SECOND READING. Section 12.09 of the City Charter as it pertains to An ordinance amending agreements. collective bargaining a g At the recommendation of the clerk, Councilwoman Hunt moved that a date of hearing and Final Adoption be set for Novembeer 8th. Nays - 0 Adopted. Yeas - The ordinance was laid over to October 18th for Third Readin- C.F. n .C.F. No. 273874. FIRST READING. An ordinance amending Section 454.04, Subdivision 2 of the Legislative Code pertaining to operation of public swimming Pools. Laid over to October 23rd for Second Reading. C.F. No. 273875. FIRST READING. An ordinance designating SecondeReadiney House as a Heritage Preservation site. Lair_ C.F. No. 273876. FIRST READING. Anlarovernto Octobert23rdSforJSecondsReadin Y as a Heritage Preservation site. La C,p. No. 273877. FIRST READING. An ordinance designating the Burbank -Livingston -Griggs House as a Heritage Preservation Site. Laid over to October 23rd for Second Reading. C.F. No. 273878. FIRST READING. An ordinance designating the Rochat-Louise-Sauerwein Block as a Heritage Preservation site. Laid over to October 23rd for Second Reading. C.F. No. 273879. FIRST READING. An ordinance designating Summit Terrace as a Heritage Preservation Site. Laid over to October 23rd for Second Reading. C.F. No. 273880. FIRST READING. An ordinance designating the Frank B. Kellogg House as a Heritage Preservation site. Laid over to October 23rd for Second Reading. C.F. No. 273881.FIRST READING. �� An ordinance designating Snow Emergency Routes" as provides for in Section 149.03 of the Legislative Code as amended. Laid over to October 23rd for Second Reading. C.F. No. 273882. FIRST READING. An ordinance amending Sections as listed of Chapter 230 entitled "Sewers and Drains" of the St. Paul Legislative Code. Laid over to October 23rd for Second Reading. Claim of Jeanne M. Abbott by Attorney Peter Mansur, 200 S. Robert St., St. Paul, Minnesota, filed on October .10, 1979, was read. Referred to the City Attorney's Office. Claim of John Clausen, 1230 Berkeley Ave., St. Paul, Minnesota, filed on October 11, 1979, was read. Referred to the City Attorney's Office. Claim of Pat Erickson, 1563 Westminster, St. Paul, Minnesota, filed on October 12, 1979, was read. Referred to the City Attorney's Office. Claim of Richard A. Bunde, 1430 Taylor Ave., St. Paul, Minnesota, filed on October 10, 1979, was read. Referred to the City Attorney's Office. Claim of Myron R. Hoemke, 2189 Howard Ct., St. Paul, Minnesota, filed on October 11, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Wayne Mosher versus the City. \ Referred to the City Attorney's Office. Summons and Complaint in the matter of Marjorie Borgan versus Yellow Cab Co. and the City. Referred to the City Attorney's Office. Letter of the Chairman of the Heritage Preservation Commission suggesting temporary heating measures for the West Wing of the Gillette State Hospital AND transmitting the Commission's resolution designating the West Wing as a Heritage Preservation site. Councilwoman Hunt said this matter is under consideration by the Mayor and she moved that the letter be referred to the Mayor. Adopted. Yeas - 6 Nays - 0 Letter of the Clerk -Treasurer of the City of Spring Lake Park regarding the improvement of Monroe Street over the St. Paul Waterworks conduits. Filed. Administrative Orders D-5075, D-5076, D-5077, D-5078, D-5079, D-5080, D-5081, and D-5082 as on file in the City Clerk's Office were noted. Resolution approving t .-ms and conditions of a 1979 Agreement between the City of St. Paul and the International Assn. of Fire Fighters, AFL-CIO, Local 21. (Employment for the period January 1 through December 31, 1979;.First Reading) Laid over to October 23rd for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title "Assistant Director of School Cafeterias" in Grade 18, Section 3.K (Professional -Administrative Supervisors Group) and inserting said title in Grade 20 with an asterisk before it. (First Reading) Laid over to October 23rd for Second Reading and Final Adoption. 57828. \ \\\ October 16th, 1979. C.F. No. 273883. Resolution granting Bingo Games Licenses to St. Casimir Altar and Rosary Society and St. Andrews Catholic Church. Adopted. Yeas - 6 Nays - 0 C.F. No. 273884. Resolution approving $1,000,000 - 6-5/8% U.S. Treasury Notes and $1,000,000 - 9-5/8% U.S. Treasury Notes as collateral to protect deposits of public funds of Northwestern National Bank of St. Paul. Adopted. Yeas - 6 Nays - 0 C.F. No. 273885. Resolution authorizing a lease agreement with the Minnesota Vikings Football Club for use of Midway Stadium. Adopted. Yeas - 6 Nays - 0 C.E. No. 273886. Resolution authorizing an agreement with Mike and Arlene Lastavica for the trial operation of equipment at the Wood Recycling Center. Adopted. Yeas - 6 Nays - 0 C.F. No. 273887. Resolution authorizing an agreement with the United States Dept. of Agriculture, Forest Service, whereby the City will undertake a demonstration project for tree planting as part of the ongoing program of combatting Dutch Elm disease and reforestation. Adopted. Yeas - 6 Nays - 0 C.F. No. 273888. Resolution authorizing a contract with IDS #625 providing for payment by the District for various services rendered in 1979 by the City. Adopted. Yeas - 6 Nays - 0 C.F. No. 273889. Resolution approving the appointment of Mark Gehan, Jr. as special counsel to act in a certain discrimination case entitled Rita Nelson versus Edward Fischman. Adopted. Yeas - 6 Nays - 0 C.F. No. 273890. Resolution rescinding C.F. No. 272818 being a resolution approving services of a special investigator regarding On -Sale liquor license matters AND directing the remaining sums from C.F. 272819 to the Contingent Reserve -General. (C.F. 272819 transferred $50,000 from Contingent Reserve to pay for special investigator's services). Adopted. Yeas - 6 Nays - 0 C.F. No. 273891. Resolution granting Drive -In Restaurant License to M.E.G., Inc. at 551 Jefferson. Adopted. Yeas - 6 Nays - 0 C.F. No. 273892. Resolution granting temporary On Sale Malt Beverage Licenses to Hayden Heights Booster Club. Adopted. Yeas - 6 Nays - 0 C.F. No. 273893. Resolution granting transfer of Beauty Shop License of Oliver Thein Beauty Schools, Inc. at 5-7-11 E. Seventh St. to the Hamm Building, Suite 120. Adopted. Yeas - 6 Nays - 0 C.F. No. 273894. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273895. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273896. Resolution approving payment from the Tort Liability Fund of $4,500.00 to Karen King and A. Keith Hanzel in settlement of the King claim. Adopted. Yeas - 6 Nays - 0 \ October 16th, 1979. C.F. No. 273897. i,�g Assessment and Award of Damages in the condemning and. taking Resolution Approv an easement in the land necessary for slopes,, -cuts and fills occasioned by rd St. to the grading and paving of the date oflheariey n ng November 13ck 8, Watts ,k1979from RCPaO. 273006) McKnight Rd. AND setting yeas - 6 Nays - 0 Adopted. C.F. No. 273898. t for the installation of a public water main in Resolution Approving Assessmencent Oxford St. from Grand Ave. to 280 feet north of November the 1979er1 Pe0 f 27 Grand AND setting date of public hearing Nays - 0 Adopted. Yeas - 6 Councilwoman Showalter said she would be willing to invite the Civil Service indicaed that Commission to a aediscusas Soon withsthescommisposible siond Councilon beforewoman the nexttFi ancetCommi tee she will set up Meeting. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 11:00 A.M. Council �Pre-id!nt�� ATTEST: City C erk. Copies sent to Councilmen /01/2"1X7 9 Minutes approved by Council �� /8 57830./ MINUTES OF THE COUNCIL 9:00 A.M. October 17th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Levine, McMahon, Maddox, President Showalter ... 4 Absent - Councilmen Hozza, Hunt, Tedesco ... 3 (Councilwoman Hunt arrived at a point during the meeting.) Councilman Levine moved that Councilman Hozza be excused from today's meeting. Adopted. Yeas - 4 Nays - 0 Application for a Gaming Session License and a One Day Bingo License by Cretin High School Parent Organization, 495 S. Hamlin Avenue. (Paul Sands, President, and Guy Glass, Manager, notified to attend.) The following resolution was submitted. C.F. No. 273899. Resolution granting Gaming Session License and One Day Bingo License to Cretin High School Parent Organization at 495 So. Hamling Avenue. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Application for a Gaming Session License and a One Day Bingo License by the St. Paul Winter Carnival Association, Inc. at the Prom Center, 1190 University. (Jay A. Pfaender, President, and Eugene R. Strommen, Manager, notified to attend.) The following resolution was submitted. \ C.F. No. 273900. Resolution granting Gaming Session License and a One Day Bingo License to St. Paul Winter Carnival Association, Inc. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Bingo Application - Christie De Parcq American Legion Post 406, 1060 University Ave., 51 periods. (Arthur Murray, Commander, and Nickolas Klein, Manager, notified to attend.) The following resolution was submitted. C.F. No. 273901. Resolution granting Bingo Game License to Christie De Parcq Ametican Legion Post 406, 1060 University Avenue Councilman Maddox moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Request by Prentiss Hamilton that a7 -date of public hearing be set for':December 12, 1979, to consider his application for a Dance Hall License at 908 Univeristy Ave. (No one notified to attend.) Councilman Maddox moved approval of the request to set a date of hearing for Dec. 12, 1979. Adopted. Yeas - 4 Nays - 0 Application for a Hotel (Motel -148 Rooms) License at 175 W. Seventh Street by John M. Prest, doing business as The Inn. (John M. Prest notified to attend.) The following resolution was submitted. C.F. No. 273902. Resolution granting Hotel Licese, 148 Rooms, Restaurant and Cigarette Licenses to John M. Prest at 175 W. Seventh Street doing business as The Inn. Councilman Levine moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 A letter of James P. Miley, attorney for Yellow Cab, Inc., was noted requesting that a revocation hearing set for October 24th, 1979 be rescheduled for a later date. Councilman Maddox moved that the hearing be rescheduled to November 21st, 1979. Adopted. Yeas - 4 Nays - 0 V 57831. October 17th, 1979. Councilwoman Hunt arrived at this point in the meeting. Councilman McMahon moved thattheeas meeting beNaysourned. Adopted. A D J O U R N E D AT 9:10 A.M. ?"ed�Council President. ATTEST: U City Cle Copies sent to Councilmen 9 Minutes approved by Council �� t� 57832." MINUTES OF THE COUNCIL 10:00 A.M. ,October. -.18th, 1979 COUNCIL CHAFERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Council President Showalter at 10:10 A.M. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, President Showalter ... 6 Absent - Councilman Tedesco...1 Hearing to consider the District #5 Plan. Dorothy Schlesserlman of the Planning Department said she has been working with the District 5 Council and said the Planning Staff can find no area of disagreement with the District 5 Plan. She said the District Council has been effective in solving some of its problems and is continuing its work in matters such as finding effective ways to deal with the districts land use problems. She called attention to the Highway 212 housing project which has been started and some work also in the commercial areas. Sue Vanelli of the District 5 Council presented an amendment to the District 5 Plan to be inserted after proposal 2.3.2.2 on page 19. The amendment is as follows; Note: The design study entitled Railroad Island - A Hopeful Future, has been completed and published by the Community Design Center. The report was submitted / to the Railroad Island Review Board and the District 5 Planning Council in September of 1979 and components of the plan are being considered for adoption as the land use plan for the Railroad Island ITA. Councilman Levine moved the City Attorney be requested to prepare a resolution approving the District 5 Plan as amended. Adopted. Yeas - 6 Nays - 0 C.F. No. 273642. FINAL ADOPTION. ORD. NO. 16591. An ordinance establishing a mandatory retirement age of 65 for city employees in the uniformed division of the Fire Department. Adopted. Yeas - 6 Nays - 0 C.F. No. 273841. THIRD READING. An ordinance amending the Legislative Code so as to authorize and provide for the establishment of parking spaces on streets as listed for the physically handicapped. Laid over to October 25th for Final Adoption._ C.F. No. 273842. THIRD READING. An ordinance amending Section 18.07 "D" of the Legislative Code and prohibiting the connection of rain leaders to the sewer system. Laid over to October 25th for Final Adoption. C.F. No. 273843. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located at the southeast corner of Larpenteur and Galtier, aka Lots 28 and 29, Block 4, Rice Street Villas. Laid over to October 25th for Final Adoption. C.F. No. 273844. THIRD READING. An ordinance amending Section 12.09 of the City Charter as it pertains to collective bargaining agreements. Laid over to November 8th for Final Adoption. C.F. No. 273867. SECOND READING. An ordinance amending Section 76.02 of the Administrative Code by providing for the filing of petitions in the period for filing affidavits of candidacy. Laid over to October 23rd for Third Reading. C.F. No. 273868. SECOND READING. An ordinance fixing the compensation of judges of election and the rate of pay for attending instruction meetings, amending Ordinance No. 16448, approved July 20, 1978. Laid over to October 23rd for Third Reading. 57833 \\\ October 18th, 1979. C.F. No. 273903. FIRST READING. An ordinance repealing Chapters 168 through 193 and 200 through 203 of the Legislative Code AND adding a new Chapter 168 AND adding a new Chapter 169 entitled "Fire Prevention - Miscellaneous AND adopting the Minnesota Uniform Fire Code. Laid over to October 25th for Second Readin . Claim of Virginia Eberhart,by Attorney Charles Johnson, 7373 W. 147th St., Apple Valley, Minnesota, filed on October 15, 1979, was read. Referred to the City Attorney's Office. Claim of Catherine A. Lavelle, 8686 Jamaca Ave., Stillwater, Minnesota, filed on October 15, 1979, was read. Referred to the City Attorney's Office. Claim of Manfred J. Meier, 200 Mississippi River Blvd., Apt. 2A, St. Paul, Minnesota, filed on October 12, 1979, was read. Referred to the City Attorney's Office. Claim of Henry Orme, 740 River Drive, Apt. A, St. Paul, Minnesota, filed on October 15, 1979,- was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Murray and Eda Litton versus the City of St. Paul. Referred to the City Attorney. Letter of the Finance Department reporting the petition of Richard Sell and Mitchell Sampson for the rezoning of parts of Lots 2 and 3, Block 3, Birmingham' Park is sufficient. Referred to the Planning Commission for recommendation. Resolution amending the Civil Service Rules by placing an asterisk before the title Information Specialist in Grade 5, Section 3.J, Professional -Administrative Non -Supervisors Group AND amending Section 32 of the rules by striking the specifications for the title AND inserting the title Public Information Specialist I in Grade 3, Section 3.J Professional -Administrative Non -Supervisors Group AND inserting the title Public Information Specialist II in Grade 7 AND inserting the specifications for the title Public Information Specialist I and II in Section 32. (First Reading; Finance, Management and Personnel Committee recommends approval). Laid over to October 25th for Second Readin and Ado tion. Resolution amending Section 32 of the Civil Service Rules by striking the specifications for title Dentist -Clinic and substituting new specifications in lieu s pproval (First Reading; Finance, Management and Personnel Committee recommends approval). )• Laid over to October 25th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Accountant V from Grade 22, Section 3.K Professional -Administrative Supervisors Group and inserting the title in Grade 23. (First Reading; Finance, Management and Personnel Committee recommends approval). Laid over to October 25th for Second Reading and Ado tion. Resolution amending Section 5.D oft the Civil aService lloted tRules.me to e(Residencsh requirements as they extend to newly app employees First Reading.) Councilwoman Hunt explained that this is the original residency requirement as they pertain to public service employees in the old residence requirement which established the counties wherein residence was permissible. (This explanation at the question of Councilman Maddox) Laid over to October 25th for Second Reading and Adoption. Resolution approving an amendment to Collective Bargaining Agreement between the City and International Brotherhood of Electrical Workers, Local #110. (Establish retroactivity; First Reading.) Laid over to October 25th for Second Readin and option. C.F. No. 273904. Resolution amending the Community Development Block Grant Year V Program and transferring $1,300 from Citizen Participation Coordinator Salary to Citizen Participation Expenses for District 11 (Hamlin-Midway).Yeas - 6 Nays - 0 Adopted. 57834./ \ October 18th, 1979. C.F. No. 273905. Resolution amending the 4979 Budget and transferring $59,928 from Contingent Reserve -Specified to Department of Community Services -Recreation Pr grami g ($40,000) and Zoo and Conservatory Heating ($19.928). ( approval by the Finance, Management and Personnel Committee). Adopted. Yeas - 6 Nays - 0 C.F. No. 273906. Resolution amending the Capital Improvement Budget by transferring $43,000 from Cherokee Park Comfort Station to Case & Duluth Sitework. (Recommended for approval by the Finance, Management and Personnel Committee). Adopted. Yeas - 6 Nays - 0 C.F. No. 273907. Resolution approving reappointment of JoAnn Cardenas de Enos, Ms. Carol Connolly and Ms. Ora Lee Patterson to the Human Rights Commission for three-year terms. Adopted. Yeas - 6 Nays - 0 C.F. No. 273908. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.E. No. 273909. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273910. Resolution granting transfer of On Sale Liquor License AND Restaurant and Tavern License to Criterion Restaurant, Inc. (dba Royal Garden Restaurant) from 739 University to 857 Grand Ave. Yeas - 6 Nays - 0 Adopted. C.E. No. 273911.$376.95 approving payment of $400 to Mervin Anderson, $376.95 to Ray Neudauer, $66.00 to Mrs. Guama Abrams and $322.91 to Farmers Insurance Group and Cynthia Taylor from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 6 Nays - 0 C.F. No. 273912. Resolution authorizing payment of $1,200 to Otis Cager and Gilbert Schalgel from the Tort Liability Fund in settlement of the Cager claim. Adopted. Yeas - 6 Nays - 0 Appearance of Joseph Mateyka concerning prepayment of trash pick up on either October 18th or October 20th, 1979. opayment of Mr. Mateyka of 1054 E. Sixth Street, said he got a bill for advance payor trash collection and he understands the City of St. Paul cannot have advance payments on anything. He said he is a senior citizen and he does not think the city can take those monies in advance. City Attorney Ed Starr said Assistant City Attorney Jerry Segal had given an opinion to the Public Works Department and it was on the basis of that opinion the advance billing was made. He said that other than that he cannot comment on the matter. Mr. Mateyka asked if he could come before the City Council again on this matter and he said he talked to the State of Minnesota and they do not collect monies for anything in advance. The matter was ordered referred to the Public Works Committee. It was noted that the Edward Newman family of San Diego was present in the Council Chambers. Appearance of Mike Fritz, 1348 Arona Avenue, critized the Council expenditure of $25,000 for the Downtown People Mover and requested that before any more monies are spent there should be an evening meeting to find out how the people who are going to ride the People Mover feel about it. He said the project is an antiquated project and said the city is planning to spend $5,000,000 of CIB funds which were designed to be spent for street improvements. Councilman Hozza said there are many unanswered questions about the People Mover such as the EIS but he does not take the Council action7trying to ramrod the proposal through. He noted the state bill has a local consent provision and he does not view last week's action as a major step. Councilman Hozza noted that there are still over $100,000 in the fund. (Discussion continued to the following page). October 18th, 1979. 57835 (Discussion continued from the previous page). Councilman Hozza questioned Mr. Woody Thompson's name appearing on the letterhead of State Representative Mike Fritz. Councilman Maddox was critical of what he called representative Fritz's negative attitude. Mr. Fritz was critical of UMPTA policy and said that in Europe the mass transit system is designed to function on a more personal basis and he noted that in hearing testimony in the State Legislature it was noted it would take 200 years to make up the energy needed to use the Downtown People Mover. Councilman Hozza said he understands the Hamburg, Germany system referred to by Mr. Fritz is one of the eligible systems together with a system proposed by the Japan Airline and a system under study in Dallas. State Representative Gene Waldorf said he was critical of Mr. Fritz's attempts to skuttle the $25,000 funding and said some of the language in the newspaper article such as tinker toy and likening the People Mover to the Downtown Stadium adds nothing to the merits of the proposal. He said there is a transit problem and having a negative attitude does nothing to solve the problem. He also mentioned reservations on the kind of program UMPTA is promoting and said his preference would be the type Mr. Fritz mentioned as operative in Hamburg, Germany. Councilman Levine said there is a critical need in public transportation today. He said the bus transportation problems this winter will be worse then before because of the large numbers of people who want to use it. Councilman Levine said if we do not get changes here the whole system is going to break down. He said we can no longer depend on petroleum dependent means. Councilman Levine said the news around the corner is not very promising and he thinks there is a chance in this area to do something about it. Councilwoman Hunt said she was particularly glad to hear comments about alternative means of transportation because she mentioned that subject when the matter of funding first came up. She said she is not sure that the UMPTA Program is flexible enough, and she thinks the UMPTA and Federal Government want certain kinds of programs and draw up the specifications to suit those ends. Representative Waldorf said one of the very positive aspects of the proposal is that private monies are included and he thinks this is the only instance of private participationship in the country. He said Mr. Fritz's likening the People Mover to the Stadium issue has a significant difference in that in one case private monies are being used for public purposes and in the other instance public monies are being used for private purposes. Woodrow Thompson of 642 Sherburne said he feels there is no longer a need to study the People Mover Project and he said he thinks the money could be better used in the Summit University Area as an example. Mr. Thompson said the Selby Avenue site is blank and is a brother -sister to downtown but no one does anything about it. He said he has no quarrel with downtown but questioned why there should be a preference given of one to another. He said the HRA has been used to move people out and now there is a People Mover Proposal to move people around. Councilman Hozza and Maddox both questioned the use of the Council as a public forum for political motives inasmuch as Mr. Thompson is a former candidate for City Council. Councilman Levine and Councilman Maddox left the meeting at this point. Mr. Lynn Elling identified himself as a Minneapolis businessman and showed a movie presentation by the United Nations..Association of Minnesota on behalf of World Citizenship. Mr. Elling suggested several things the City Council might do to encourage the movement. He said it could consider buying copies of the movie which cost $125 and make the movie available to schools and service clubs. He also suggested the idea of taking a visable course of action such as extensive use of bumper stickers. He outlined the agenda for next week for the U.N. celebrations in St. Paul and Minneapolis. He noted the actions taken by the State of Minnesota under the governorship of Wendell Anderson in support of the United Nations7. Councilwoman Hunt suggested the Council discuss with Citizen Participation Coordinator Karen Christofferson whether buying of the film might not be an appropriate expenditure for the community districts. Councilman McMahon moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 ADJOURNED AT 11:40A.M. Council President. ATTES1615( /7 I Copies sent. to Councilmen Minutes approved by Council City Clerk 57836 J MINUTES OF THE COUNCIL 10:00 A.M. \October 23rd, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter...7 Absent - No one. Hearing was held on the petition of the Housing and Redevelopment Authority for the vacation of Woodbridge Street between Wayzata and Milford and the alley in Block 11, Lewis Second Addition. A report of the Valuation Engineer was noted recommending that the matter be laid over indefinitely until the Fire Department has been assured through the park design process, that access for emergency vehicles will be satisfactory. No one appeared. Councilman Levine moved that the matter be laid over indefinitely. Adopted. Yeas - 7 Nays - 0 Hearing was held on the petition of Ed Warn, et al, for the vacation of portions of the alley in Wallraff's Como Place Addition and Block 1, Como Addition. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. etition subject to the terms and conditions Councilman Levine moved approval of the p recommended by the Valuation Engineer. Adopted. Yeas - 7 Nays - 0 C.F. No. 273914. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing a sanitary sewer and sewer service connections in Springside Drive from Allston St. to Pt. Douglas Rd. in Lenox Ave. from Winthrop St. to relocated Wildview Ave., in portions of relocated Wildview Ave., in Allston St. from an easement to Sprinside Drive and in Winthrop St. from enox Ave. to relocated Wildview Ave. (Laid over from October 9, 1979; (See discussion and adoption below) Adopted. Yeas - 7 Nays - 0 C.F. No. 273915. RESOLUTION RATIFYING ASSESSMENT. In the matter of constructing a water main and water service connections on portions of Allston St., Wildview Ave., Lenox Ave. and Winthrop St. (Laid over from October 9, 1979; P.O. 266966) (See discussion and adoption below)as - 7 Nays - 0 Adopted. C.F. No. 273916. RESOLUTION RATIFYING ASSESSMENT. In the matter of grading and surfacing, constructing curb gutter and constructing drainage facilities in Allston St. from Springside Drive to relocated Wildview Ave. and relocated Wildview Ave. and Lenox Ave. from Allston St. to Lenox Ave. (Laid over from October 9, 1979; P.O. 266938) Mr. Donovan, Valuation Engineer, explained that an informational meeting was held with property owners and they are recommending one major change in the assessments. He said as a result of the critical area slopes policy that in excess f18%art of the wer is not to be considered a buildable site He recommends that p assessments on Springside Drive be deleted with the understanding that if the property is ever improved the assessments would be collected. He said other assessments for these projects are large but he believes they are fair and the property is benefitted by the amount of the assessments. Frank Kacmarcik, 2065 Wildview, said he has an 85 foot frontage but is assessed for over 200 feet and most of his property is bluff property and he questions whether the formula should apply when there is an unusual terrain. Mr. Donovan said he agrees that the terrain is unusual but feels the assessment is the only fair way to treat this property. (Discussion continued to the following page). (Discussion continued from the previous page) At the question of Councilwoman Hunt, Mr. Donovan said the terrain is extreme but there are other parcels with unusual terrain. Larry Pieper, 856 Lenox, asked for a clarification of the 8% interest rate policy and Mr. Starr, City Attorney, said since the last meeting he has learned that an ordinance was passed making it mandatory to collect an"8% interest rate. He said if the Council changes the interest rate for this project it should also include three other projects which have been levied since the ordinance has become effective. Councilwoman Hunt said we should consider the impact on other actions and should explore a way to make the policy applicable only in this instance because of the length of time involved and she moved approval of such a proposal. Councilman Tedesco expressed concern about only exploring the possibility of this policy and suggested that it be done for this project and if it cannot be done singularly it should be done for all three projects. Councilwoman Hunt said she would include that proposal in her motion. Roll call on the motion. Adopted. Yeas - 7 Nays - 0 Councilwoman Showalter asked if anyone else wanted to be heard and no one else appeared. Councilman Tedesco moved approval of the three resolutions payable in 20 equal installments. Adopted. Yeas - 7 Nays - 0 RESOLUTION RATIFYING ASSESSMENT. In the matter of the acquisition of easements for Kellogg Boulevard (E. Third St.) Bridge replacement over Burlington Northern, Inc., I-94 and Commercial St. between John St. and Mounds Blvd., under P.O. 272489. Mr. Donovan, Valuation Engineer, said this matter has some connection with the vacation of streets and alleys in the same area and he recommended that the matter be continued for two weeks. Councilman Maddox moved that the matter be laid over for two weeks to November 6th, 1979. Adopted. Yeas - 7 Nays - 0 Hearing was held on the petition of Carlton Ness to rezone property located at the NE corner of Front and Chatsworth, aka Lots 10 and 11, Sahlgaard's Subdivision of Lot 55, Como Villas Addition. \ Residents at 987 Front and 980 Argyle spoke in opposition to the rezoning. Mr. Jung of the Planning Staff said the Current Planning and Zoning Committee and the Planning Commission recommended denial of the petition. No one else appeared. Councilman Tedesco moved that the petition be denied. Adopted. Yeas - 7 Nays - 0 C.F. No. 273823. FINAL ADOPTION. ORD. NO. 16592. An administrative ordinance adopted pursuant to Chapter 260, Laws of Minnesota for 1975, amending Ordinance No. 15975 (as amended by Ordinance No. 16504) and promulgating regulations for the City's Housing and Rehabilitation Finance Program. Adopted. Yeas - 7 Nays - 0 C.F. No. 273867. THIRD READING. An ordinance amending Section 76.02 of the Administrative Code by providing for the filing of petitions in the period for filing Affidavits of Candidacy. Laid over to October 30th for Final Adoption. C.F. No. 273868. THIRD READING. An ordinance fixing the compensation of judges of election and the rate of pay for attending instruction meetings, amending Ordinance No. 164482 approved July 20, 1978. Laid over to October 30th for Final Adoption. C.F. No. 273874. SECOND READING. An ordinance amending Section 454.042 Subdivision 2 of the Legislative Code pertaining to operation of swimming pools. Laid over to October 25th for Third Reading. C.F. No. 273875. SECOND READING. An ordinance designating St. Joseph's Academy as a Heritage Preservation Site. Laid over to October 25th for Third Reading. 57838 `October 23rd, 1979. C.F. No. 273877. SECOND READING. An ordinance designating the Burbank -Livingston Griggs House as a Heritage Preservation Site. Laid over to October 25th for Third Reading. C.F. No. 273878. SECOND READING. An ordinance designating the Rochat-Louise-Sauerwein Block as a Heritage Preservation Site. Laid over to October 25th for Third Reading. C.F. No. 273879. SECOND READING. An ordinance designating Summit Terrace as a Heritage Preservation Site. Laid over to October 25th for Third Reading. C.F. No. 273880. SECOND READING. An ordinance designating the Frank B. Kellogg House as a Heritage Preservation Site. Laid over to October 25th for Third Reading. C.F. No. 273881.SECOND READING. �� An ordinance designating Snow Emergency Routes" as provides for in Section 149.03 of the Legislative Code as amended. Laid over to October 25th for Third Reading. C.F. No. 273882. SECOND READING. An ordinance amending Sections as listed of Chapter 230 entitled "Sewers and Drains" of the St. Paul Legislative Code. Laid over to October 25th for Third Reading. Councilman McMahon moved that the rules be suspended.to consider a resolution not on the agenda and there was no opposition. C.F. No. 273917. Resolution designating Councilman David Hozza as the Official Representative of the City Council on the Downtown People Mover Steering Committee. Adopted. Yeas - 7 Nays - 0 Claim of Lois E. Kamrath by Attorney Thomas G. Armstrong, 8291 15th St., Lake Elmo, Minnesota, filed on October 18, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Linda Lawrence, 355 Burgess St., St. Paul, Minnesota, filed on October 16, 1979, was read. Referred to the City Attorney's Office. Claim of Doris Mueller, 514 Humboldt Ave., St. Paul, Minnesota, filed on October 16, 1979, was read. Referred to the City Attorney's Office. Claim of June A. Newman, 2192 Lexington No., Apt. 12, St. Paul, Minnesota, filed on October 17, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Barbara Lilly versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Mark Joseph Minnelli versus the City of St. Paul. Referred to the City Attorney. Letter from the State Department of Revenue transmitting the application of William H. Kling, President of Minnesota Public Radio, Inc. for reduction in the assessed valuation of property described in Application #283803. Filed. Notice from the District Court in the matter of the State of Minnesota versus firms as listed for condemnation of certain lands for trunk highway purposes. Referred to the City Attorney. Petition to rezone property located at 983 and 987 Front Avenue, aka Lots 11-14, Block 15 Como Park Second Addition. Referred to the Finance Department for check as to sufficiency. Administrative Orders D-5083 and D-5084 as on file in the City Clerk's Office were noted. C.F. No. 273918. Resolution approving terms and conditions of a 1979 Agreement between the City of St. Paul and the International Assn. of Fire Fighters, AFL-CIO, Local 21, (Employment for the period January 1 thru December 31, 1979; Second Reading and Adoption) Adopted. Yeas - 7 Nays - 0 C.F. No. 273919. Resolution amending the Civil Service Rules by striking the title "Assistant Director of School Cafeterias" in Grade 18, Section 3.K (Professional -Administrative Supervisors Group) AND inserting said title in Grade 20 with an asterisk before it. (Second Reading and Adoption) Yeas - 7 Nays - 0 Adopted. Resolution allowing the City Negotiator to negotiate retroactivity in collective bargaining situations in which a settlement is reached later than the expiration of the current agreement. (First Reading) Mr. Gillespie of the Police Union appeared and expressed concern about the resolution. Councilwoman Hunt asked that the resolution be referred to the Finance, Management and Personnel Committee and it was so ordered. C.F. No. 273920. Resolution approving issuance of $7,000,000 Port Authority Revenue Bonds to finance acquisition of Radisson Parking Ramp located on Block A by Oxford Properties, Inc. Adopted. Yeas - 7 Nays - 0 C.F. No. 273921. Resolution authorizing a breeding loan agreement with the Kansas City Zoological Gardens. Adopted. Yeas - 7 Nays - 0 C.F. No. 273922. Resolution authorizing an agreement with the State Commission of Transportation \ whereby that agency will act as the City's agent in securing federal funds for Great River Road project known as Crosby Farm Addition, Crosby Farm Regional Park. Adopted. Yeas - 7 Nays - 0 C.F. No. 273923. Resolution granting On Sale Wine License, On Sale Malt Beverage License and other licenses to Elvira Navarro, dba LaCasite Restaurant at 890 E. Seventh St. Adopted. Yeas - 7 Nays - 0 C.F. No. 273924. Resolution granting the petition of Summit Court, Inc. for the vacation of part of the alley in Block 13, Woodland Park Addition. Adopted. Yeas - 7 Nays - 0 C.E. No. 273925. Resolution approving release of easements for that part of So. Wheeler St. vacated by C.F. No. 273523. Adopted. Yeas - 7 Nays - 0 C.F. No. 273926. Resolution extending appreciation and best wishes to the Hamm Clinic for its 25 years of service to the community. Adopted. Yeas - 7 Nays - 0 C.E. No. 273927. Resolution authorizing a Lease Agreement with Space Center Minnesota, Inc. for warehouse space for storage of voting machines. Adopted. Yeas - 7 Nays - 0 C.F. No. 273928. Resolution granting Minnesota Public Radio use of poles and cable routes for their cable without obtaining a franchise permit. (Recommended for approval by the Energy, Utilities and Environment Committee) Adopted. Yeas - 7 Nays - 0 57840 October'23, 1979. C.F. No. 273929. Resolution authorizing appointment of 15 persons to serve 4 year terms on Citizens Budget Advisory Committee. Adopted. Yeas - 7 Nays- 0 C.F. No. 273913. Resolution honoring Herb Brooks and declaring October 23rd, 1979 as Herb Brooks Day. Adopted. Yeas - 7 Nays - 0 Mr. Starr, City Attorney, referred to a complaint made at a recent Council Meeting by Ms. Thomforde concerning property rights and he explained court actions involving this matter and said at this time the city is not part of the case. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:45 A.M. Qae3�� jl&wa� Council President. ATTEST: City Clerk. Copies sent to Councilmen/% 9 Minutes approved by Council. ��/�� MINUTES OF THE COUNCIL 9:00 A.M. October 24th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, President Showalter...5 Absent - Councilmen Hozza, Tedesco --.2 it was noted that Councilman.Hozza had requested to be excused and Councilman Tedesco is excused for a dental appointment. Application for a Gaming Session License and a One Day Bingo Session License by the Immaculate Heart of Mary Catholic Church at 1550 Summit Avenue. (Father Joseph Gannon, Manager). Pastor and Michael Martin, The following resolution was submitted. C.F. No. 273930. Resolution granting Gaming Session License and One Day Bingo License to Immaculate Heart of Mary Catholic Churchat 1550 5 5Oth�it Ave. Councilman McMahon moved approvallution Yeas - 5 Nays - 0 Adopted. Bingo Application - 4th District VFW, Department of Minnesota, 1060 University Avenue, 52 periods. (Lyle Wenholz, Commander and Angus Smetana, Manager notified to attend). The following resolution was submitted. C.F. No. 273931. Resolution granting Bingo Game Licenses to 4th District VFW at 1060 University Avenue. royal of the resolution. Councilwoman Hunt moved appYeas - 5 Nays - 0 Adopted. Application for the transfer of the On Sale Malt Beverage (3.2 Beer) License issued olito, at the same address. (Michael to Luke and Mary Vidovic at 2109 Hudson Road to Michael G. and Mariell M. pp doing business as Eppolito's Sun -Ray Pizza and Deli, G. and Mariell M. Eppolito notified to attend) The following resolution was submitted. C.E. No. 273932. olito fromlLukenandaMarygVidoviceat 210Huds naRoadetoaMichaeleGSeanddMarellrM tEPPcense at the same address. Councilwoman Hunt moved approval of the resolution.- 0 Adopted. Yeas - 5 Nays Application for the transfer of the On Sale Malt Beverage (3.2 Beer) License ad Ran-San1Leetdoingrbusiness asrCleveland Intenational Coporation at 767 S. Willow Gate Restaurant,atAvenue Sun the sane address, and The(Liafollowing resolution ewas tsub submiified to tted. C.F. No. 273933. Resolution granting transfer of Restaurant and On Sale Malt Beverage License from Signet International Corporation at 767 S. Cleveland to Lian-Sun and Han -San Lee at the same address doing businessas t e Willow nate. Councilman Maddox moved approvalYeas - 5 gays - 0 Adopted. Request by MGM Liquor Warehouse, Inc. (Terrance J. Maglich, President) to set a date (December 12, 1979) for a public hearing on their application to transfer their enue to 1esouthwest corner 102-1104W. LarpenteurAve.)f Off Sale Liquor License from 1110 W. Larpeenteur Ay W. Larpenteur and Lexington Avenues (App (No one notified to attend). (Discussion continued to the following page). i J \57842. October 24th, 1979. (Discussion continued from the previous page). Councilman Levine moved that a hearing date be set for December 12th, 1979. Adopted. Yeas - 5 Nays - 0 Application for the transfer of the On Sale Liquor License issued to Summit Court, Incorporated (ThonDnd R. O'Brien, President) at 75-79 N. Western Ave. to Thomond R. O'Brien doing business as The Commadore, at the same address. (Thomond R. O'Brien notified to attend) The following resolution was submitted. C.F. No. 273934. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License and Restaurant License from Summit Court, Inc. at 75-79 No. Western to Thomond R. O'Brien at 79 No. Western Avenue. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 Councilman McMahon referred to complaints his office has received concerning the Ray Anderson operation and Mr. Carchedi said the license is up for renewal in January of 1980 and at that time the matter will be brought before the City Council. At the question of Councilman Maddox, Mr. Carchedi said there are no grounds for suspension or revocation at this time. At the question of Councilman Maddox, Mr. Garvey, Assistant City Attorney, recalled the grounds for denial of the Building Contractor License and referred to the difficulty in establishing facts for revocation of licenses. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 ADJOURNED AT 9:15A.M. Council President. ATTEST: a %fie City Clerk. Copies sent to Councilmen �6 3 Minutes approved by the Coun.cil-Z-� MINUTES OF THE COUNCIL 57843V 10:00 A.M. October 25th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Maddox, McMahon, Tedesco, President Showalter ... 4 Absent - Councilmen Hozza, Hunt, Levine...3 (Councilmen Hozza, Hunt and Levine arrived at points during the meeting). Approval of City Council Minutes for the meetings of September 25th, September 27th, October 1st, 2nd, 3rd, 4th, and 9th, 1979. Councilman Maddox moved that the minutes be approved. Adopted. Yeas - 4 Nays - 0 Councilwoman Hunt and Councilman Levine arrived at this point in the meeting. Hearing on the petition of Dart Transportation Company for the vacation of portions of John Street, Lafayette Road, Willius Street, Neill Street and Kittson Street and also portions of the public alley lying in Blocks 62, 635 64, 65, 66, 67, and 81, Kittson's Addition. A letter of the Valuation Engineer was noted recommending denial of the petition. James Wills, Attorney for Dart Transportation, appeared and requested that the petition be amended to eliminate the portion of Kittson Street requested to be vacated. He referred to the proposed acquisition of 17 feet of Dart Transportation property fronting on Kellogg Boulevard and referred to a difference in opinion as to the value of the 17 foot frontage and he said during discussions they agreed to exchange the 17 feet of frontage for the vacated streets. He requested approval of the vacation as amended in exchange for the 17 foot frontage to be acquired. Bart Baker, a realtor, said the elimination of Kittson takes care of the bypass objection and Mr. VanHoff of Operation 85 is satisfied with the proposal if Kittson Street is eliminated from the petition. He said it should be noted that the streets involved are not accessible from the south. Mr. Donovan said the bypass problem is a major concern and there is also the question of a possible connection to the Kellogg Bridge. Councilman Hozza arrived at this point in the meeting. There was some discussion on what action the Council should take and Mr. Wills requested that the matter be laid over rather than denied. At the question of Councilman McMahon, Mr. Donovan said that a resolution ratifying condemnation and awards of damages will be considered within the next two weeks concerning the seventeen foot strip and he will recommend ratification of the award of damages. Councilman Levine moved that the matter be continued indefinitely. Adopted. Yeas - 7 Nays - 0 C.F. No. 273841. FINAL ADOPTION. ORD. NO. 16593. An ordinance amending the Legislative Code so as to authorize and provide for the establishment of parking spaces on streets as listed for the physically handicapped. Adopted. Yeas - 7 Nays - 0 C.F. No. 273842. FINAL ADOPTION. ORD. NO. 16594. An ordinance amending Section 18.07 "D" of the Legislative Code and prohibiting the connection of rain leaders to the sewer system. Adopted. Yeas - 7 Nays - 0 C.F. No. 273843. FINAL ADOPTION. ORD. NO. 16595. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located at the southeast corner of Larpenteur and Galtier, aka Lots 28 and 29, Block 4, Rice Street Villas. Adopted. Yeas - 7 Nays - 0 J 57844. October 25th, 1979. C.E. No. 273874. THIRD READING. , An ordinance amending Section 454.04, Subdivision 2 of the Legislative Code pertaining to operation of swimming pools. Laid over to November 1st for Final Adoption. C.F. No. 273875. THIRD READING. An ordinance designating the Alexander Ramsey House as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273876. THIRD READING. An ordinance designating St. Joseph's Academy as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273877. THIRD READING. An ordinance designating the Burbank-Livingston-Griggs House as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273878. THIRD READING. An ordinance designating the Rochat-Louise Sauerwein Block as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273879. THIRD READING. An ordinance designating Summit Terrace as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273880. THIRD READING. An ordinance designating the Frank B. Kellogg House as a Heritage Preservation Site. Laid over to November 1st for Final Adoption. C.F. No. 273881. THIRD READING. An ordinance designating "Snow Emergency Routes" as provides for in Section 149.03 of the Legislative Code as amended. Laid over to November 1st for Final Adoption. C.F. No. 273882. THIRD READING. An ordinance amending Sections as listed of Chapter 230 entitled "Sewers and Drains" of the St. Paul Legislative Code. Laid over to November 1st for Final Adoption. C.F. No. 273903. SECOND READING. An ordinance repealing Chapters 168 through 193 and 200 through 203 of the Legislative Code AND adding a new Chapter 168 AND adding a new Chapter 169 entitled "Fire Prevention - Miscellaneous AND adopting the Minnesota Uniform Fire Code. Laid over to October 30th for Third Reading. C.F. No. 273935. FIRST READING. An ordinance amending Chapter 336 of the Legislative Code by restricting the distribution of free cigarettes. Councilman Hozza reviewed the reasons for the ordinance and urged that it be considered by the City Council and not referred to committee. The ordinance was laid over to November 1st for Second Reading. Claim of William E. Salesses, 1525 Summit Avenue, St. Paul, Minnesota, filed on October 17, 1979, was read. Referred to the City Attorney's Office. Report of the Administration on the Mattocks School Site acquisition options and costs. Councilwoman Showalter said a resolution has been drafted pertaining to this matter and after some discussion Councilman Levine moved that the rules be suspended to consider the resolution. Adopted. Yeas - 7 Nays - 0 Councilman Hozza left the meeting at this point. C.F. No. 273936. Resolution authorizing the proper city officials to notify Independent School District No. 625 that the city desires to acquire the Mattocks School Site and develop it as a neighborhood park and a passive recreation area, authorizing the Division of Parks and Recreation, after receiving title for the property, to board up and secure the building until it can be demolished and authorizing the Division of Parks and Recreation to submit budget requests in the 1980 Unified Capital (Resolution continued to the following page) 57845) October 25th, 1979. (Resolution continued,from the previous page) Improvement Program and Budget Process to demolish and prepare the site and authorizing the design process for development of the site. Ms. Gail Sommers, District Coordinator, appeared and expressed appreciation for this proposal. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 Administrative Orders D-5085, D-5086, D-5087, D-5088, D-5089, D-5090 as on file in the City Clerk's Office were noted. C.F. No. 273937. Resolution amending the Civil Service Rules by placing an asterisk before the title Information Specialist in Grade 5, Section 3.J, Professional -Administrative Non -Supervisors Group AND amending Section 32 of the rules by striking the specifications for the title AND inserting the title Public Information Specialist I in Grade 3, Section 3.J Professional -Administrative Non -Supervisors Group AND inserting the title Public Information Specialist II in Grade 7 AND inserting the specifications for the title Public Information Specialist I and II in Section 32. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273938. Resolution amending Section 32 of the Civil Service Rules by striking the specifications for title Dentist -Clinic and substituting new specifications in lieu thereof. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273939. Resolution amending the Civil Service Rules by striking the title Accountant V from Grade 22, Section 3.K Professional -Administrative Supervisors Group and inserting the title in Grade 23. (Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273940. Resolution amending Section 5.D of the Civil Service Rules. (Residency requirements as they extend to newly appointed employees allotted time to establish residency; Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273941. Resolution approving an amendment to Collective Bargaining Agreement between the City and International Brotherhood of Electrical Workers, Local 4110. (Establish retroactivity; Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 273942. Resolution authorizing payment of $127.50 to Merrill Lynch, Pierce, Fenner and Smith for a lost Capital Improvement Bond. Adopted. Yeas - 6 Nays - 0 C.F. No. 273943. Resolution authorizing payment of $22.53 to David Jackson, $492.79 to Marvin Klotzke and $64.84 to Joan Thompson from the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 6 Nays - 0 C.F. No. 273944. Resolution authorizing execution of a lease agreement between the City of St. Paul and the Port Authority for space in the City Hall Annex. Adopted. Yeas - 6 Nays - 0 C.F. No. 273945. Resolution granting Bingo Game Licenses to St. Matthew's Men's Club. Adopted. Yeas - 6 Nays - 0 C.F. No. 273946. Resolution granting renewal of Sunday On Sale Liquor Licenses to persons as listed AND granting a new Sunday On Sale Liquor License to Will, Inc. at 956 Payne Avenue. Adopted. Yeas - 6 Nays - 0 J 57846. \ October 25th, 1979. C.F. No. 273947. 14 Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273948. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273949. Resolution granting Drive -In Restaurant License to Char -Kay, Inc. dba Burger Chef at 2045 Marshall Avenue. Adopted. Yeas - 6 Nays - 0 C.F. No. 273950. Resolution granting Temporary On Sale Malt Beverage Licenses to organizations as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273951. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273952. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 Mr. Wilfrid Weber, 461 Beaumont, appeared and referred to tree stumps in front of his home and throughout the city and urged that something be done about them. Councilwoman Hunt said eventually all the tree stumps will be removed as money is available and a schedule of the process can be obtained from Judy Barr who is a staff person working on tree related problems. Mr. Weber also expressed concern that bus routes through the lower Payne Avenue area will be discontinued when the Seventh Street Bridge is opened and he urged that one busline be continued to serve the new apartment development. Councilman Maddox moved that the meeting be recessed until 7:30 P.M. Adopted. Yeas - 6 Nays - 0 7:30 P.M. The meeting was reconvened by Mr. Vice President Tedesco at 7:35 P.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Tedesco ... 5 Absent - Councilmen Hozza, Showalter ... 2 (Councilman Hozza arrived at a point during the meeting.) Hearing was held on the petition of Curtis E. Burckhardt to rezone property located on the south side of Lower Afton Road between McKnight and Winthrop. (Laid over from October 2nd, 1979). Council President Tedesco said this matter has been down the road several times and he indicated the developer would speak first and be followed by the area residents. Mr. Curtis Burckhardt said he has meet twice with the area residents and the District Council and they propose that he would reduce the density to twenty seven units. He said that since he is not in the single family business he proposed thirty units with fifteen double attached. Mr. Burckhardt said he is proposing to build condominiums which he plans to sell and does not plan to rent them. He said he really feels the differences are minor and one of the areas of concern is the property next to him and he has no control over that and Mr. Ryans' only concern seems to be that this be final as far as multiple dwellings are concerned. Councilman Levine said he took a careful look at the. site and one thing he notices is the difficulty in selling duplexes and townhouses in the area and he asked Mr. Burckhardt why he feels he will have no trouble selling his proposed units. Councilman Levine said that thr ughout the area properties are not selling. Mr. Burckhar��/those units were purchased by the investor and they asked him i.e., Mr. Burckhardt, to help market them and said those are used homes and are about ten years old. (Discussion continued to the following page_) i J 57847 October 25th, 1979. (Discussion continued from the previous page.) Councilman Levine said the Council could be setting a pattern for what could happen to the adjacent properties and some people could say let us wait and see what the Council is going to do on this. Mr. Burckhardt responded to questions from Councilman Levine and said the person with property adjacent has a big orchard and he is not planning to develop that property as far as he knows. Mr. Burckhardt said the orchard goes -down the hill two thirds of the way and the party in question offered to sell the property to him because of the assessment factor. Mt. Burckhardt said he turned down the offer because the price was not acceptable. He said under the planned development he signed the contract and he does not feel it would be to his best interest to have single family. residences built. Councilman Maddox said that looking at it as a developer if the success of that program meant single family homes that is what he would do. Mr. Burckhardt said he would not build single family residences. Councilman Maddox noted that in the past rezonings have been granted and properties have been used for purposes other then those cited in the rezoning petition. He asked if Mr. Burckhardt would be willing to voluntarily put a deed restriction on the use of the property. Mr. Rollie Crawford, attorney for Mr. Burckhardt, said that if this proposal is with- drawn the future of the property has to be restudied. Mr. Crawford said the question of the voluntary deed restriction would take a lot of study and he feels that this proposal is the best the applicant could come in with. Mr. Bob Johnson of District:Council #1 read the District Council's adopted motion to support the first step with density set at thirty units consisting of fifteen duplexes, minimum of one thousand fifty six feet, two per unit. (The complete District Council letter is part of the file.) Mr. Johnson noted the motion was adopted seven to four with three members absent and that he was one of the three cited and said he lives by the area in question and said he would have supported the motion had he been present at the meeting. Mr. Johnson responded to questions from Councilman Levine and noted the four votes against the motion included one person who lived immediately nearby and the other seven who voted for the motion live outside the immediate area. Bill Ryan of 529 Burlington Road said he has been asked to speak on behalf of the neighbors in opposition to the proposal (his notes are part of the file) he said the argument centers on density and now is the time for responsible decisions in this matter. Mr. Ryan -,said they have been abused in the past and the area is looking for stability and the way to get stability is to have single family homes. Mr. Ryan said there seems to be a direct relationship between density and profit and said he does not blame the developer but he does find fault with officials and the bureaucracy. Mr. Ryan said this planned development has been treated as a new toy and he feels the burden is on the developer who he said has been evasive. Mr. Ryan said the developer seems to feel that he should be given a preliminary approval and the facts will be dealt with later. He said representatives of the area met on October 13th, 1979 with Mr. Burckhardt and there was not a satisfactory resolution of the problem and the single family proposal is a compromise to the density problem. Council President Tedesco concluded the public testimony as part of the hearing at this point. Councilman Levine said he looked at the area in question on two different occasions an both times he and Councilman McMahon came to the same conclusion which was that once you have rezoned the property it is done and no matter what kind of commitint.is received if it does not sell in the future it will be rental. He said he knows it/rent because of the interest in living in St. Paul and this area does not need rental properties;it needs stability. He said he feels the suggestion made by the neighbors is a viable suggestion and he suggested single family residences and perhaps getting the Marshall family and the Burckhardt family together and put a road between their properties as a buffer. Councilman Levine said he would support a motion to deny the petition that is before the Council. He said he thinks it would be in the best interest of the community and that he is hopeful that Mr. Burckhardt would work on a proposal along the lines suggested by him.;i.e., Councilman Levine. Councilman McMahon moved the Council deny the Burckhardt proposal and said it is very important to the city that there be good quality single family houses. He noted that some of St. Paul's leading citizens are living in the suburbs because quality single family housing is not available in the city. Councilman Hozza arrived at this point in the meeting. Councilperson Hunt said she had hoped that a compromise could have been worked out. She said she has some problem if this is denied because she thinks this is a proposal that could be lived with. She said she thinks that possible future pressures might create a situation that would mean greater density then this proposal. Councilperson Hunt said she thinks we have a lot of duplexes in many parts of the city and she is disappointed the compromise could not be worked out. (Discussion continued to the following page.) 57848. October 25th, 1979. (Discussion continued from the previous page.) Councilman Hozza said he thinks an opportunity is being passed up here and that he understands that the neighborhood and the developer were two units away from agreeing. He said he is afraid if this proposal is turned down that in five or ten years a proposal for greater density will come in.. Councilman Hozza said you have a situation that is comparable to a strike wherein everybody loses. He said that today it is the developer;tomorrow it might be the neighbors. Council- man Hozza noted the arguments about density and he said the density in this situation is really low density and he said this is an opportunity to get a compromise. He noted there were only six members of the Council present and said he feels the Council is negotiating in bad faith and he can't accept the motion. Councilman Maddox said that one of the things that bothers him the most is that St. Paul has a real need for housing and what Councilmen Hunt and,-Hozza have said has real merit. Councilman Maddox said that he thinks the residents might wind up with something three or four year from now that will be worse. He said he does not think the topography of the land is suitable for single family, dwellings. Councilman Maddox said he thinks the City Attorney should have been present because as the vote stands now it would be three -three. He said he cannot support the motion. Donna McNeally of the Planning Staff said that since the Planning Commission fully supported the forty four units she would like to make some comment about the fifteen units. Ms. McNeally said now the density is down to six units per acre�and that under the old ordinance duplexes could have been built without a rezoning. She said she thinks the duplexes are a suitable use and she noted that in regard to the density there are six units per acre and this is a low density factor and that the land planners support this project. Councilperson Hunt suggested the matter be laid over until the next Council meeting when there will be a full Council. Council President Tedesco said he cannot support that suggestion. Councilperson Hunt asked for a point of personal privilege and she noted that in a situation in the past she had deferred a matter until the full Council was present although she was on the other side of the issue. Councilman Levine said he thinks everybody has figured out that Councilperson Hunt and he would vote differently and he knows that some people think that the matter should be carried over but he cannot support a layover. Councilman Hozza said it seems to him the Council could hold an interim vote to instruct the developer to reorient the housing on the right with single family dwellings..and thereby resolve the density issue and he asked Mr. Crawford if the architect would take another look at the project. It was noted that Mr. Burckhardt earlier in the meeting had turned down the suggestion of building single family residences. Mr. Crawford said the proposed single -double family mixture amounts to eighteen structures on the site and it would be more difficult for the architect to put this mix on the site rather then the fifteen units.` Councilman Hozza posed this as an alternative to the possible defeat of the proposal. Mr. Crawford said his clients recognizes the planned development as a flexible tool and said if the resolution were that his client continue work on the site plan he would work with that although this is not desirable because his client has no desire to drag this out. Councilman Maddox asked if his client would consider what the neighbors want with a single family development. Mr. Burckhardt said he thought he could reduce the building to twenty eight units which istone more ten the he sking for. he can commithhimself tton ayplanned seven tdevelopment sisrtoabuild little Hcracker e slid tboxes he l nday he does not build like that. Mr. Ryan said the transitional plan was to have something on the western and southern boundaries that is compatible with the homes in the area. Councilman Maddox said that in the interest of resolving the issue he would vote in favor of the motion. Roll call on Councilman McMahon's motion to deny the petition. Adopted. Yeas - 4 (Councilmen Levine, Maddox, McMahon, President Tedesco) Nays - 2 (Councilmen Hozza, Hunt) Councilman Hozza moved the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 8:30P.M. Council President. 'f Copies sent to Councilmen /:� 7 ATTE Approved by Council 7� J/-7 i City Cle -J 57849. MINUTES OF THE COUNCIL 10:00 A.M. October 30th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present Councilmen Hunt, Levine, Tedesco, President Showalter ... 4 Absent - Councilmen Hozza, Maddox, McMahon...3 It was noted that Councilmen Maddox and McMahon have requested to be excused from City Council today and tomorrow and Councilman Hozza has requested to be excused for the entire week. Councilwoman Hunt moved that the requests be granted. Adopted. Yeas - 4 Nays - 0 Hearing was held on the petition of the Housing and Redevelopment Authority to rezone from B-3 to RM -2 property at the northeast corner of Bradford and Ellis aka Lots 9 and 10, Block 82, St. Anthony Park. No one appeared in opposition. Councilwoman Hunt moved approval of the petition. Adopted. Yeas - 4 Nays - 0 Hearing was held on the petition of the Housing and Redevelopment Authority to rezone property at the southeast corner of Raymond and Territorial Road aka Lots 1, 2 and part of Lot 3, Hoard's Subdivision. No one appeared in opposition. Councilwoman Hunt moved approval of the petition. Adopted. Yeas - 4 Nays - 0 \ Hearing on the request of Champion International Corporation .to construct fencing across certain streets vacated by the City Council in 1972 and being portions of Myrtle Avenue, Wabash Avenue, Hampden Avenue and Pillsbury Street. Mr. Kinkead appeared and referred to promises that were made that the streets would not be closed and he urged a delay to allow further discussion and he also referred to past actions and promises concerning a temporary loading dock. Milt Knoll representing Champion International described the property on a map and explained the proposal to complete the fencing of the property with gates. He said the streets would be closed at night and on weekends and holidays and when the plant is shutdown and the gates would be open during the daytime but would be closed from 6 P.M. to 5 A.M. He said he has advised the neighbors of their plan and NSP and Minnesota Transfer have no objections and the Police and Fire Departments have made comments. Tom Norton of Viking Industrial Center expressed concern about their customers getting access to their property. Councilman Levine said he is prepared to move approval of the plan with a provision that there be continued right to use the streets and that the gates would be open during the daytime hours between 5 A.M. and 6 P.M. Gordy Hammer of the Paper Workers Union said they have no objection if the gates are open between 5 A.M. and 6 P.M. Mr. Donovan referred to the concerns of the Fire Department and said an agreement was reached between the Fire Department and Champion International which is subject to certain conditions and these conditions of the Fire Department should be made a part of the resolution. He said if the matter is approved he would recommend that the bonding company agree to the amendment and also that a new holdharmless bond be filed. Councilman Tedesco said he doesn't intend to vote for the proposal today and Councilwoman Hunt suggested that the matter be laid over until Thursday -to allow time for specific conditions to be prepared and to allow further meetings between interested parties. Councilwoman Hunt moved that the matter be continued to Thursday, November 1st. Adopted. Yeas - 4 Nays - 0 J 57850. -October 30th, 1979. C.F. No. 273867. FINAL ADOPTION. ORD. NO. 16596. An ordinance amending Section 76.02 of the Administrative Code by providing or the filing of Petitions in the period for filing Affidavits of :Qandidacy. Adopted. C.F. No. 273868. FINAL ADOPTION. ORD. NO. 16597. An ordinance fixing the compensation of judges of election and the rate of roved.pay for attending instruction meetings, amending Ordinance No. 16448, app July 20, 1978. yeas - 4 Nays - 0 Adopted. C.F. No. 273903. THIRD READING. An ordinance repealing Chapters 168 through 193 and 200 through 203 of the Legislative Code AND adding a new Chapter 168 AND adding a new Chapter 169 entitled "Fire Prevention - Miscellaneous AND adopting the Minnesota Uniform Fire Code. Laid over to November 6th for Final Adoption, C.F. No. 273953. FIRST READING. An ordinance amending Chapter 245 of the Legislative Code pertaining to the regulation of water rates in the City of St. Paul. Laid over to November 6th for Second Reading. Councilman Levine moved that the rules be suspended to consider a resolution not on the agenda. Yeas - 4 Nays - 0 Adopted. C.F. No. 273954. Resolution authorizing the preparation of a land lease agreement with Burlington Northern for property east of the Lafayette Bridge to permit public purpose parking, directing proper officials to prepare a parking management contract with a private operator, authorizing the final execution of the land lease contract and minimum expenditures and authorizing execution of a one year shuttle service contract all in connection with the Fringe Parking/ShuttleNProgram rogays r 0. Adopted. Yeas Councilwoman Hunt referred unit developmentmon Lower RoadeneargMcKni.ghtdandtion planned of a rezoning to a p p said because of new information the Council should consider the matter at some point and evaluate how the new information can affect the proposal. Councilman Tedesco indicated he would not favor reconsideration today but would not object if the parties wanted to get together to discuss the matter. Councilman Levine said he agrees that there is room for discussion if the parties can get together. It was agreed that the last day to reconsider the matter would be Thursday, November 1st. ton Parkway, 427, St. Paul, Minnesota, filed Claim of Robert A. Leiste, 316 N. Lexing on October 24, 1979, was read. Referred to the City Attorney's Office. Claim of Clara Rischall, 2476 Edgcumbe Road, St. Paul, Minnesota, filed on October 26, 1979, was read. Referred to the City Attorney's Office. Claim of Frances P. Schmitz, 1525 Allen Avenue, Apt. 104, St. Paul, Minnesota, filed on October 24, 1979, was read. Referred to the City Attorney's Office. Claim of Dr. Richard Tregilgas by W.A. Lang Co., Insurance, 480 Cedar St., St. Paul, Minnesota, filed on October 26, 1979, was read. Referred to the City Attorney's Office. Claim of Robert Van Demmeltraadt by Attorney Ronald O.W. Ylitalo, 2345 N. Rice St., St. Paul, Minnesota, filed on October 24, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of American Recreation, Inc. versus the City of St. Paul. Referred to the City Attorney's Office. October 30th, 1979. Request from Walter and Jo Ann Gress for a public hearing to appeal a Summary Abatement order at 306 & Page St. Councilwoman Hunt moved that a date of hearing be set for November 15th. Adopted. Yeas - 4 Nays - 0 Report from the State Auditor on the examination of.financial affairs of the St. Paul Police Relief Assn. covering the year ended December 31,_1978. Councilwoman Hunt asked if there is somebody responsible to take action if there are recommendations from the state auditor on this and similar type reports and Mr. Starr said he would investigate this matter and report back to the Council. The report was filed. Domain order from the rt in Dismissal of the H R.A. versus Gordon tB. Heath regarding property ratt172uthe Edmund matter in CD District 7. Referred to the City Attorney. Dismissal of Proceedings in Eminent Domain order from District Court in the matter of the HRA versus Gordon B. Heath, et al, involving property at 558 Marion and 213 Charles in CD District 7. Referred to the City Attorney. Dismissal of Proceeding in Eminent Domain order from District Court in the matter of the HRA versus Gordon Heath, et al, involving property at 181 Charles, CD District 7. Referred to the city Attorney. Dismissal of Proceeding in Eminent Domain order from the District Court in the matter of the HRA versus Gordon Heath, et al, involving property at 179 Charles, CD District 7. Referred to the City Attorney. Amended Hearing Notice from the District court in the matter of the HRA versus Gordon Heath, et al, in Condemnation Proceedings involving properties as listed in CD District 7. Referred to the City Attorney. Letter of the Valuation Engineer reporting the petition of St. Anthony Park Bank \ for the vacation of an easement located on the southwest side of Como Avenue adjacent to Lot 2, Block 38, St. Anthony Park North is in proper form. Filed. Administrative Orders D-5091 through D-5105 as on file in the City Clerk's Office were noted. Resolution approving an amendment to the 1979 Collective Bargaining Agreement between the City of St. Paul and the International Brotherhood of Electrical Workers, Local #110. (First Reading) Laid over to November 6th for Second Reading and Adoption. C.F. No. 273955. Resolution approving the actions of the City of St. Paul Board of Appeals an Review with respect to property at 767-769 Payne Avenue, Donald Legato appellant. Adopted. Yeas - 4 Nays - 0 C.F. No. 273956. Resolution approving the actions of the City of St. Paul Board of Appeals an Review with respect to property at 998 E. Seventh St., Bernatta and Allan L. Miller appellants. Yeas - 4 Nays - 0 Adopted. C.F. No. 273957. Resolution approving the appointment of M. Alice Murphy to the position Of Administrative Aide 111• yeas - 4 Nays - 0 Adopted. C.F. No. 273958. pointments of persons as listed to the Native American Resolution approving the ap Affairs Committee for terms as listed. Adopted. Yeas - . Nays - 0 J 57852. October 30th, 1979. C.F. No. 273959. Resolution approving payment of $600 to Barbara J. Bour, $32.00 to Mrs. Clara Carlson, $610.16 to Ohio Casualty Group and $1,170.13 to Bernard and Pauline Bearth from the Tort Liability e Fund 4n settlement Nof their respective claims. Adopted. C.F. No. 273960. Resolution approving amendatory agreement fixing sum to be paid by the HRA in lieu of taxes on redevelopment Property. Nays - 0 Adopted. C.F. No. 273961. pointment of Darlene Guy to the position of Information Resolution authorizing the ap and Complaint Officer. \ Yeas - 4 Nays - 0 Adopted. C.F. No. 273962. Resolution granting Sewer Service refunds to firms as listed. Adopted. Yeas - 4 Nays - 0 Peg O'Keefe of the Mayor's Office appeared and said Professor Weber will be traveling with a group of scientists to Antartica to collect geological information and has requested to borrow the St. Paul Flag to be used as their camp flag for a three month period. Councilman Tedesco moved approval of the request. Adopted. Yeas - 4 Nays - 0 Councilman Levine moved that the meeting be adjourned.ays 0 Adopted. Yeas - A D J O U R N E D AT 11:10 A.M. Council President. ATTEST: -- City Clerk. Copies sent to Councilmen Minutes approved by Council ///� 7 57853." MINUTES OF THE COUNCIL 9:00 A.M. October 31st, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilwoman Hunt, Councilmen Levine, Tedesco, President Showalter ... 4 Absent - Councilmen Hozza, Maddox, McMahon ... 3 Bingo Application -Original Boosters Club, 1060 University Avenue, 52 periods. (Al Fischbeck, Treasurer, and John A. Spencer, Manager, notified to attend.) Councilman Levine moved approval of the application. Adopted. Yeas - 4 Nays - 0 Bingo Application - Christie DeParcq American Legion Auxiliary Unit 406, 1060 Univer- sity Avenue, 52 periods. (Mary A. Klein, Finance Officer, and Doris Josephson, Manager, notified to attend.)lication. Councilwoman Hunt moved approYf he aPPeas 4Nays - 0 Adopted. 26 periods. Bingo Application - East Side Speedskating Club, Inc., 862 White Bear Avenue, (Helen Emeott, Bingo Treasurerand Kay Tschida, Manager, notified to attend.) , Councilman Levine moved approval of the application. Adopted. Yeas - 4 Nays - 0 C.F. No. 273963. o Game Licenses to Original Boosters, Christie:DeParcq American Resolution granting Bing Inc. Legion Auxiliary, Unit 406 and East Side Speedskating Club, Adopted. Yeas - 4 Nays - 0 e Licenses by Pantry Restaurant, Application for On Sale Wine and On Sale Malt Beverag Inc. at 2147 Ford Parkway. (Kenneth D. Johnson notified to attend.) The following resolution was submitted. C.F. No. 273964. ting On Sale Wine License and On Sale Malt Beverage License to the Resolution gran Pantry Restaurant at 2147 Ford Parkway. operation in the same building Councilman Levine expressed Yesentativeuofoncern abot athesHealthtDept. said the second restaurant by the same people and a rep is now closed but they did share a common ohe entr once. Councilwoman Hunt moved approval Yeas - 4 Nays - 0 Adopted. Request by Quik -Stop Liquors, Inc. (Leonard P. DeConcini, Presideion to nt) to transfer date (December 19, 1979) for a public hearing on their app Sale Liquor License from 918 E. Seventh Street to 826 E. Seventh Street. (No one notified to attend.) be set for `December 19, 1979. Councilman Levine moved that a date of hearing Adopted. Yeas - 4 Nays - 0 le Liquor License issued to Marbet, Inc. (Robert D. Public Hearing on the On Sa business as the Depot Bar at 241 E. Kellogg Blvd. (Re - Haugen, President) doing buof License and Permit commended for suspension by the Division Mr. Haugenlsaidrhelagrees to At the question of Mr. Garvey, Assistant City Attorney, the charges as submitted by the License Inspector. 1979, January 26th, 1979 and September 28th, Mr. Garvey reviewed the charges on January 5th, 1979 for operating after the closing hour and said notices of the charges have been 1979. sent to Mr. Haugen. At the question of Councilman Levine, Mr. Garvey said there were olice have the names of several approximately ten people in the bar on September 28th;and'about forty on January 5t , At the question of Councilman Levine, Mr. Garvey said the p people who were present in the bar. (Discussion continued to the following page.) 57854 October 31st, 1979. (Discussion continued from the previous page.) At the question of Councilman Levine, Mr. Haugen said he has been in business at this locaatiof time and a d a is the yefirst aninstancehasdofour thisther type.uinesses for a long period Officer Kenneth Shepperd of the Police At the question of Councilman Levine, orce Department said everyone was asked to leave from the bar and they had to rese two people to leave and they o not usually take the names of the people present. d Councilman Tedesco moved that the License be suspended for one day because it is the first offense. yeas - 4 Nays - 0 Adopted. appreciation for consideration by the Council and said the Mr. Haugen expressed app who get off work th a late hour:. -arid are not basic problem was with factory people willing or ready to leave the bar at the regular closing time. Councilman Levine moved that the meeting be Naysurneed. Adopted. Yeas - A D J O U R N E D AT 9:30 A.M. Council President. ATTEST: Cit Clerk. Copies sent to Councilmen 7/�� Minutes approved by Council The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter...6 Absent - Councilman Hozza...I (Councilman Hozza arrived at a point during the meeting). President Showalter introduced Professor Gerald Weber of Macalester College Geology Department and said Professor Weber and others will travel to Antartica on a geological expedition and they have requested use of a St. Paul city flag as their camp flag. Vice President Tedesco presented Professor Weber and others with the city flag to be used as the camp flag on the Antartica expedition. Councilman Hozza arrived at this point in the meeting. Hearing was again held on the request of Champion International Corporation to construct fencing across certain streets vacated by the city in 1972 and being portions of Myrtle, Hampden, Wabash Avenues and Pillsbury Street. Councilman McMahon moved that the matter be continued for two weeks to November 15th and he said Champion International met with neighbors yesterday and wants to put the agreement in writing and meet again with neighbors before it is approved. Adopted. Yeas - 7 Nays - 0 Hearing on a resolution ordering the correction or wrecking and removal of a structure (garage only) at 890 Clarence. Mr. Strohkirch of the Housing Code Division appeared and said the building has been demolished by the owner and Councilman Maddox moved that proceedings in the matter \ be discontinued. Yeas - 7 Nays - 0 Adopted. Councilman Maddox moved that the rules be suspended to consider the Burckhardt rezoning matter. Adopted. Yeas - 7 Nays - 0 Councilman Maddox asked several questions of the City Attorney relating to reconsidera- tion and Mr. Starr, City Attorney, said he believes the Council can reconsider the matter today and act today if they are satisfied with questions asked and he thinks they can also continue the matter for two or three weeks if they are not satisfied with the answers given today. Councilman Maddox said based on those facts he would move reconsideration of the matter. Councilman Levine said he is in favor of getting additional information but doesn't feel he has enough information to warrant reconsideration. Councilman Maddox said he is not comfortable with killing the proposal and he thinks the matter can't be discussed unless it is reconsidered. Councilman Levine said he thinks the information should be received and discussed prior to reconsideration. Councilwoman Hunt said she suggested consideration today because new information has been received in the form of a letter from Mr. Burckhardt. Councilman Levine questioned whether the neighborhood will be contacted if the matter is continued. Roll call on the motion to reconsider the matter. Adopted. Yeas.- 4 (Hunt, Maddox, Hozza, President Showalter) Nays - 3 (Levine, McMahon, Tedesco) At the question of Councilman Maddox, Mr. Burckhardt said he would reconsider construct- ing single family homes on part of the property and he said Mr. Marshall is willing to restrict his property to single family development. Councilman Maddox asked the City Attorney to prepare a legal opinion on whether the proposal can be legally implemented. (Discussion continued to the following page). 57856r \. November 1st, 1979. (Discussion continued from the previous page). Mr. Lee Coulter said he conferred with Mr. Burckhardt on Tuesday and was told he would not consider single family housing and Mr. Marshall told him that Mr. Burckhardt would survey the Marshall property for single family lots but ith a restricted deed proposal. Mr. Marshall wasn't familar w Mr. Coulter said the R-1 platting doesn't guarantee that there will be no rezoning in the future and the neighbors tried to compromise but Mr. Burckhardt chose not to accept the compromise. Mr. Coulter said they haven't changed their position and request that the matter be denied. He said their letter states an agreement to single family housing on a portion of the property and double housing on another portion and no one can deny Mr. Marshall the right to petition to rezone. Councilman Hozza said he is reluctant to take final action today and he urged that the Council set a date to make a final decision. Phyllis Ethi:er, 2217 Londin Lane, said she is not opposed to the plan and thinks it is the best way to prevent apartment development on the property. Councilwoman Hunt said the project was approved unanimously by the Planning Commission and since then the proposed density has been reduced and the District Council has worked out and approved a compromise. At the question of Councilwoman Hunt, Mr. Burckhardt said he would agree to build some detached single family homes and would like time to work the matter out with the neighbors. At the question of councilwoman Hunt, Mr. Coulter said he is not opposed to further discussion provided it is after the regular working hours. agreement Councilman Levine said he will support further discussion if there is an that it will be at a night meeting. Corrine Coulter said on Tuesday she talked with Mr. Burckhardt and she questions the fact that Mr. Marshall will restrict his deed when Mr. Burckhardt won't restrict his property and she said as of Tuesday night Mr. Burckhardt said he was holding his ground on 30 residences with 15 buildings. She said she thinks Mr. Burckhardt has had sufficient time to put a proposal together. Councilwoman Showalter said she thinks the delays may lead to possible compromise. Betty Barret:said she lives in the area and urged that the matter be laid over and be given full consideration. ing should not be reopened and it is time Councilman Hozza said he thinks the hear for the Council to go to work and take action on the matter. Councilman Levine said he thinks the neighbors should be involved in the process. Councilman McMahon said the Planning Commission approved the matter with conditions for future meetings and insisted that the developer meet with neighbors and the watershed district. Ms. McNeally of the Planning Staff said the requirement for future meetings was prior to approval of the final plan. ter be placed on a Council agenda after a Councilman Maddox suggested that the mat meeting with Mr. Burckhardt and interested parties. Councilman Hozza moved that the matter be placed on the agenda for Tuesday evening November 20th, 1979, that the City Attorney and the Planning Staff be directed to work with the developer to get the proposal back to the Council as soon as possible and that the Planning Staff convene a meeting of the affected parties to review the proposal.le Councilwoman Hunt said she will support the motion and she reiterated tthatsis athin ks it is in the best interest of the community to come up with a proposal known factor rather than a future proposal that is less desirable. Roll call on the motion. yeas -_7 Nays - 0 Adopted. Mr. Pangel recalled that the Planning Commission made a motion that was adopted providing for meetings with the watershed district prior to approval of the final plan. C.F. No. 273874. FINAL ADOPTION. ORD. NO. 16598. An ordinance amending Section 454.04, Subdivision 2 of the Legislative Code pertaining to operation of swimming pools. Nays - 0 Adopted. C.F. No. 273875. FINAL ADOPTION. ORD. NO. 16599. An ordinance designating the ea ander Ramsey House Nayss-aOHeritage Preservation Site. Adopted. C.F. No. 273876. FINAL ADOPTION. ORD. NO. 16600. An ordinance designating St. Joseph's Academy as N Heritage Preservation Site. Adopted. C.F. No. 273877. FINAL ADOPTION. ORD. NO. 16601. An ordinance designating the Burbank -Livingston Griggs House as a Heritage Preservation Site. yeas - 7 Nays - 0 Adopted. C.F. No. 273878. FINAL ADOPTION. ORD. NO. 16602. An ordinance designating the Rochat-Louise Squerwein Block as a Heritage Preservation Site. Adopted. Yeas - 7 Nays - 0 C.F. No. 273879. FINAL ADOPTION. ORD. NO. 16603. An ordinance designating Summit Terrace as a Heritage Preservation Site. Adopted. Yeas - 7 Nays - 0 C.F. No. 273880. FINAL ADOPTION. ORD. NO. 16604. An ordinance designating the Frank B. Kellogg House as a Heritage Preservation Site. Adopted. Yeas - 7 Nays - 0 C.F. No. 273881. FINAL ADOPTION. ORD. NO. 16605. An ordinance designating "Snow Emergency Routes" as provides for in Section 149.03 of the Legislative Code as amended. Adopted. Yeas - 7 Nays - 0 C.F. No. 273882. FINAL ADOPTION. ORD. NO. 16606. An ordinance amending Sections as listed of Chapter 230 entitled "Sewers and Drains" of the St. Paul Legislative Code. Adopted. Yeas - 7 Nays - 0 C.F. No. 273935. SECOND READING. An ordinance amending Chapter 336 of the Legislative Code by restricting the distribution of free cigarettes. Laid over to November 6th for Third Reading. C.F. No. 273965. FIRST READING. An ordinance granting permission to East Mall Associates and or/its successors to construct, operate and maintain ornamental street lights and conduit in the right-of-ways of Grand Avenue and Victoria St. adjacent to Lots 15 - 18, Summit Park Addition. Laid over to November 8th for Second Reading. C.F. No. 273966. FIRST READING. \ An ordinance granting permission to James Wengler to construct, operate and maintain ornamental street lights and conduit in the right-of-ways of Grand Avenue and Victoria St. adjacent to Lots 26-28, Block 22, Summit Park Addition. Laid over to November 8th for Second Reading. C.F. No. 273967. FIRST READING. An ordinance amending Ordinance No. 13539, pertaining to parking meter zones and adding parts of Jackson and Fifth Streets as listed and deleting a part of Tenth St. as listed. Laid over to November 8th for Second Reading. C.F. No. 273968. FIRST READING. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and adding a part of East 6th St, from Mounds Blvd. to Maria Avenue. Laid over to November 8th for Second Reading. C.F. No. 273969. FIRST READING. An ordinance amending Ordinance No. 13534 pertaining to One -Way streets adding parts of Van Buren St. and Jefferson Avenue as listed. Laid over to November 8th for Second Reading. Letter of the Chairperson of the Finance, Management and Personnel Committee reporting that committee's disposition of the Lowry Annex matter. Councilman Hozza moved that the Council discontinue consideration of the matter. Adopted. Yeas - 7 Nays - 0 C.F. No. 272692. An ordinance establishing certain residency requirements for unclassified employees of the City of St. Paul. (Letter of Finance, Management and Personnel Committee reports issue is part of the overall package of the new residency law). After some discussion the ordinance was ordered referred back to the Finance, Management and Personnel Committee. Councilman Hozza left the meeting at this point. 57858., \ November,lst, 1979. Letter of Chairperson of Finance, Management and Personnel Committee reporting that committee's disposition of the Urban.Corp Program Policy matter previously referred to committee. Councilwoman Hunt moved that the Council discontinue consideration of the matter. Adopted. Yeas - 6 Nays - 0 Resolution creating a Special Police Chief Examing Committee. (Letter of Finance, Management and Personnel Committee reports resolution moot because Civil Service Commission withdrew their original resolution). The resolution was withdrawn by Councilman McMahon. Resolution rescinding C.F. No. 273513 being a resolution appointing the Civil Service Commission as the Special Police Chief Examing Committee. (Letter of Finance, Management and Personnel Committee reports resolution moot because the Civil Service Commission withdrew their original resolution). The resolution was withdrawn by Councilman McMahon. Claim of Daniel J. Branum, 1735 E. Rose, St. Paul, Minnesota, filed on October 29,, 1979, was read. Referred to the City Attorney's Office. Claim of James A. Carter, 1086 E. 6th Street, St. Paul, Minnesota, filed on October 29, 1979, was read. Referred to the City Attorney's Office. Claim of William W. Flaherty, 1650 Niles Avenue, St. Paul, Minnesota, filed on October 29, 1979, was read. Referred to the City Attorney's Office. Claim of Raymond Koehnen by Attorney Elmer Wiblishauser, 810 Pioneer Bldg., St. Paul, Minnesota, filed on October 292 1979, was read. Referred to the City Attorney's Office. Claim of A. J. Snell, 641 North Snelling Avenue, St. Paul, Minnesota, filed on October 26, 1979, was read. Referred to the City Attorney's Office. Administrative Order D 5106 as on file in the City Clerk's Office was noted. C.F. No. 273970. Resolution amending C.F. No. 273804 as to the compensation figure. (C.F. No. 273804 grants petition of Donald and Margery Turek for the vacation of a part of Magoffin Avenue). Adopted. Yeas - 6 Nays - 0 C.F. No. 273971. Resolution approving $1,000,000, 9 3/4% U.S. Treasury Note as collateral to protect deposits of public funds with Northwestern National Bank of St. Paul. Adopted. Yeas - 6 Nays - 0 C.F. No. 273972. Resolution approving $150,000, 10.125% U.S. Treasury Note as collateral to portect deposits of public funds with the Guaranty State Bank. Adopted. Yeas - 6 Nays - 0 C.F. No. 273973. Resolution granting permission to the Ramsey County Historical Society to install and maintain a historical marker in honor of Edward Phalen's Cabin, site of the first known dwelling in downtown St. Paul in 1838. Adopted. Yeas - 6 Nays - 0 C.F. No. 273974. Resolution adopting the plan for District X65. Adopted. Yeas - 6 Nays - 0 C.F. No. 273975. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273976. Resolution granting Building Contractor licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 57859. November 1st, 1979. C.F. No. 273977.er and $457.60 to Henry Orme Resolution approving payment of $481.50 to Bi11 Clepp from the Tort Liability Fund in settlement of their respective claims. Adopted.-, Yeas - 6 Nays C.F. No. 273978. Resolution authorizing and application to the MTC for the purpose of having a bus ed within the City Nays Annex at no cost to the city• shelter designed and constructO Adopted. Yeas - 6 that was eing ed out he n area Councilman Tedesco referred to a meeting whichfwas rcalled for bNovember d8th and lhetasked who wcalled concerning a p the meeting and he referred to a conflict with another meeting that sever \ Councilmen will be attending. Councilman Maddox said the meeting was called as a Legislative Committee of the ferred to other Councilmen who also have a conflict Whole and Councilman Tedesco re at the same time. Councilman McMahon moved thattheeas meeting be adjourned- 0 Adopted. ADJOURNED AT 11:05 A.M. cil President. Co ATTEST: City Clerk Copies sent to Councilmen Minutes approved by Council 57860. MINUTES OF THE COUNCIL \ 7:30 P.M. November 5th, 1979 MOUNDS PARK COMMUNITY CENTER -279 CYPRESS SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 7:40 P.M. Present - Counilmen Levine, Maddox, McMahon, Tedesco, President Showalter ... 5 Absent - Councilwoman Hunt, Councilman Hozza...2 Showalter announced a public hearing to consider the District #4 Plan- Presidentested Ed Krahmer referred to the need to put more stress on crime prevention and Sugg that a provision under the public safety section regarding the expansion of a juvenile out and instead stringent laws be passed. detention facility be thrown nsiderable amount of time and effort to develop -the Howard Kinney referred to a co District Plan and urged for its adoption. integral part of the community and George Hrynewych said he thinks a library is an integ provision for a detention lace to put juveniles. \ should be included in the District Plan and he also said the facility was recommended because they were told ctthere wan sn't any p Councilman Tedesco moved app Steve Grochala of the Planning Staff said the neighborhood should be commended ecause che it was the people of the area who actually wrote the Plan with the assistance of the Planning Staff. Commission voted in favor of the Plan and he recommend - Joe Pangal noted that the Planning people in the area and ed its adoption. to vote Councilman Levine referred to the active participation S. He said he is happy especially Ed Krahmer who has been active for many y for the Plan. the District 4P4 Plan. Roll call on the motion to approve eas - 5 Nays - 0 Adopted. The meeting was thereupon adjourned. (8:00 P.M.) A D J 0 U R WE D AT 8:00 P.M. Council President. ATTEST: Cit 'Clerk. Copies sent to Councilmen !/� Minutes approved by Council 1112 / Q 57861. MINUTES OF THE COUNCIL 10:00 A.M. November 6th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilmen Hunt, Hozza, Levine, Maddox, McMahon, Tedesco, President Showalter ... 7 Absent - None. Hearing was held on the petition of Sam Cukier to rezone property at the northwest corner of Christie Place and Kennard Street aka part of vacated Funk Street and Lots 1, 2 and 27 through 30, Meyer and Funk's Subdivision of the East 11 of Block 3, Kerwin's Outlots. Donna McNeally of the Planning Staff explained that a meeting was held between the developer and residents in the area°:and Mr. Cukier has agreed to construct twenty owner - occupied townhouse condominium units of quality construction and has set out his intentions in a letter which has been circulated to all Councilmen. Mr. Wood, 1548 E. Idaho, said the agreement culminates ten years of work on this pro- perty and he referred to several Councilmen who have supported them in the past and he expressed appreciation to Mr. Neid and Councilman Maddox for their work on the present proposal. Councilman Tedesco said he is pleased to see an agreement on this development and Councilman Levine said the matter was before the Council many times and he is also pleased to see that an agreement has been reached. Councilman Maddox moved approval of the petition. Mr. Cukier appeared and expressed appreciation for the agreement and said the letter speaks for itself and he is in full agreement with the terms of the letter. Roll call on the motion to approve the petition. Adopted. Yeas - 7 Nays - 0 Hearing was held on the petition of Leo Gadbois to rezone property at the southeast corner of Ashland Ave. and Dale Street aka Lots 9, 10 and 11, Block 16, Woodland Park Addition. \ No one appeared in opposition. Councilman Levine moved approval of the petition. Adopted. Yeas - 7 Nays - 0 Councilman Hozza left the meeting at this point. C.F. No. 273979. FINAL ORDER. Final Order in the matter of opening, grading and paving an alley in Block 31, Auerbach and Hand's Addition from Lawson Ave. to Cook Ave. under P.O. 273856. (See discussion and adoption below.) Adopted. Yeas - 6 Nays - 0 C.F. No. 273980. FINAL ORDER. Final Order in the matter of condemning a permanent easement and condemning an ease- ment for slopes, cuts and fills in connection with the grading of the alley in Block 31, Auerbach and Hand's Addition under P.O. 273857. A resident at 1042 Matilda appeared and said she circulated the petition in favor of the improvement and 13 of the 18 property owners signed in favor of the proposal. No one appeared in opposition. Councilman McMahon moved approval of the orders. Adopted. Yeas - 6 Nays - 0 C.F. No. 273981. RESOLUTION RATIFYING ASSESSMENT. Resolution ratifying assessment in the matter of acquiring easements for the Kellogg Blvd. (E. Third Street) Bridge Replacement over Burlington Northern, Inc., I-94 and Commercial Street between John Street and Mounds Blvd. under P.O. 272489. Mr. James Wills, attorney for Dart Transit, asked the amount of damages and Mr. Eggum said the damages have been set in the amount of $31,950. Mr. Wills said based on damages of $31,950. he would have no objection to the resolution. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 57862. J \ November 6th, 1979. C.F. No. 273903. FINAL ADOPTION. ORD. NO. 16607. An ordinance repealing Chapters 168 through 193 and 200 through 203 of the Legislative Code AND adding a new Chapter 168 AND adding a new Chapter 169 entitled "Fire Prevention - Miscellaneous AND adopting the Minnesota Uniform Fire Code. Adopted. Yeas - 6 Nays - 0 C.F. No. 273953. SECOND READING. An ordinance amending Chapter 245 of the Legislative Code pertaining to the re- gulation of water rates in the City of St. Paul. Laid over to November 8th for Third Reading. C.F. No. 273935. THIRD READING. An ordinance amending Chapter 336 of the Legislative Code by restricting the dis- tribution of free cigarette. Laid over to November 13th for Final Adoption. C.E. No. 273982. FIRST READING. An ordinance amending Chapter 5.04 of the Administrative Code and clarifying the role of the City Treasurer as treasurer for the St. Paul Police Relief Association. Laid over to November 13th for Second Reading. Claim of Gerald A. Brandt, 1036 Evergreen Trail, Lino Lakes, Minnesota, filed on October 31, 1979, was read. Referred to the City Attorney's Office. Claim of Mary G. Etter, 1795 Summit Ave., St. Paul, Minnesota, filed on October 30, 1979, was read. Referred to the City Attorney's Office. Claim of Robert Sticka, 1617 Juliet Ave., St. Paul, Minnesota, filed on October 31, 1979, was read. Referred to the City Attorney's Office. Claim of Mark P. Todd, 2414 Isalona Lane, So. St. Paul, Minnesota, filed on November 1, 1979, was read. Referred to the City Attorney's Office. Order No. 63325 from the State Commissioner of Transportation designating parts of W. Minnehaha and Dale Street as Haul Roads for transportation of road materials \ for Trunk Highway No. 494. Referred to the Public Works Department Order No. 63326 from the State Commissioner of Transportation designating parts of W. Minnehaha and Dale Street as Haul Roads for transportation of road materials for Trunk Highway No. 56. Referred to the Public Works Department. Letter from the Valuation Engineer reporting the petition of Daval Investment Company, al, for the vacation of part of St. Clair Avenue is in proper form. Filed. Letter of the Valuation Engineer recommending a public hearing date for November 27, 1979, on the petition of the St. Paul Company for the vacation of Auditorium Street between W. Fifth Street and W. Seventh Street. Councilwoman Hunt moved approval of the recommendation. Adopted. Yeas - 6 Nays - 0 Letter of the Valuation Engineer recommending a public hearing date for November 27, 1979, on the -petition of Darrell Butler, et al, for the vacation of part of Mystic Street. Councilwoman Hunt moved approval of the recommendation. Adopted. Yeas - 6 Nays - 0 C.F. No. 273983. Resolution approving an amendment to the Collective Bargaining Agreement between the City of St. Paul and the International Brotherhood of Electrical Workers, Local #110. (Second Reading and Adoption.) Adopted. Yeas - 6 Nays = 0 C.F. No. 273984. Resolution approving the issuance of a tax ex6mpt mortgage note to finance expansion of Ramada Highland Inn located at I-94 and White Bear Avenue. ($5,5000,000) Adopted. Yeas - 6 Nays - 0 57863. ­\ November 6th, 1979. C.F. No. 273985. Resolution approving the issuance of $595,000'Port Authority revenue bonds for the Capitol City Distributing Company facility in Riverview Industrial Park. Adopted. Yeas - 6 Nays - 0 C.F. No. 273986. Resolution authorizing property acquisition in the North of St. Stanislaus Devel- opment Area, District 9. Adopted. Yeas - 6 Nays - 0 C.F. No. 273987. Resolution suspending On -Sale Liquor License License issued to Marbet, Inc. dba The Depot Bar at 241 E. Kellogg Blvd. for one day for reasons as set forth. Adopted. Yeas - 6 Nays - 0 C.F. No. 273988. Resolution approving an agreement with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company AND the Burlington Northern Inc., for a Pigeon Reduction program on Railroad property. Adopted. Yeas - 6 Nays - 0 C.F. No. 273989. Resolution authorizing payment of $1,000. to Jay and Judith Ragalie and Farmers Insurance Group and Lais, Bannigan and Ciresi from the Tort Liability Fund in settlement of the Ragalie Claim. Adopted. Yeas - 6 Nays - 0 C.F. No. 273990. Resolution granting Bingo Games License to St. Theresa Women's Club and Memorial Post 4533 American Legion. Adopted. Yeas - 6 Nays - 0 C.F. No. 273991. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 273992. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 Councilwoman Showalter asked to be excused from the November 20th, 1979, City Council Day Meeting and said she will attend the evening meeting. Councilman Tedesco asked to be excused from Council on November 27th and 29th, 1979. Councilman Maddox moved that the requests of Councilwoman Showalter and Councilman Tedesco be granted. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 10:35 A.M. Council President. Copies sent to Councilmen Minutes approved by Council � 7 c Cit Clerk. 57863 2 MINUTES OF THE COUNCIL 9:00 A.M. \November 7th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:10 A.M. Present - Councilmen Levine, Maddox, Tedesco, President Showalter ... 4 Absent - Coucilwoman Hunt, Councilmen Hozza, McMahon ... 3 (Councilman McMahon arrived at a point during the meeting.) Bingo Application - Hazel Park Commercial Club, Ladies Auxiliary, Inc., 862 White Bear Avenue - 26 periods. (Kathleen M. Trudell, President, and Claudia Willkom, Manager, notified to attend. - See resolution below.) Bingo Application - Catholic Order of Foresters, Scholarship Fund St. Paul Joint Committee, 408 Main Street, 52 periods. (John J.Kelnberger , Treasurer, and Rose Lester, Manager, notified to attend.) C.F. No. 273993. Resolution granting Bingo Game License to Hazel Park Commercial Club, Ladies Auxiliary, Inc. and Catholic Order of Foresters -Scholarship Fund St. Paul Joint Committee. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Application for the transfer of the On Sale Liquor License issued to Oak Room Bar, Inc. (Owen Green, President) at 380 Selby Avenue, to the Old Oak Room Bar, Inc. at the same address. (Owen Green and Josephine Schwartz notified to attend. This matter was previously considered on October 3, 1979.) The following resolution was submitted. C.F. No. 273994. Resolution granting transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant., Off Sale Malt Beverage and Cigarette Licenses from Oak Room Bar, Inc. at 380 Selby Avenue to Old Oak Room Bar, Inc. at the same address. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Public hearing on the application for a Tavern License (Entertainment License) by Ronald L. Ambroz at 1217 Randolph Avenue. No one appeared. The following resolution was submitted. C.F. No. 273995. Resolution granting Entertainment License to Ronald L. Ambroz dba Ron's Randolph Inn at 1217 Randolph Avenue. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Discussion of the present liquor license application forms. Mr. Garvey, Assistant City Attorney, said he and Mr. Carchedi are requesting advice on the questions to be asked by the License Inspector on Liquor License Applications. He said multiple ownership is now allowed and financial information might not be necessary. Councilman Maddox said financial information should not be on file for anyone to look at and he favors deleting financial information requirements. At the question of Councilman Levine, Mr. Garvey said liquor applications are the only applications that require financial information. Mr. Carchedi said he agrees that some of the questions,should be deleted from the application form. Councilman Levine moved that the City Attorney and License Inspector make a recommendation on changes on the application forms and present them to the City Council for approval. Councilman McMahon- :arrived at this.point in-the%meeting. Councilman Maddox suggested that only the green application form be used and Mr. Carchedi said some of the questions on the pink form could be deleted. Roll call on the motion. Adopted. Yeas - 5 Nays - 0 27864 \ November 7th, 1979. Councilman Levine referred to a large crowd expected at the Legislation Committee Meeting tomorrow evening and suggested that addtional space be investigated if the crowd" -is too big for the Council Chambers and it was agreed that the Civic Center would be contacted. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 \ A D J O U R N E D AT 9:30 A.M. VCouncil President. ATTEST: U City Clerk. Copies sent to Councilmen /7 Copies 9 Minutes approved by Council /� 7 /7 J 57865. MINUTES OF THE COUNCIL 10:00 A.M. November 8th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, 11INNESOTA to order by President Showalter at 10:10 A.M. The meeting was called McMahon, Tedesco, President Showalter ... 6 Present - Councilmen Hozza, Levine, Maddox, meeting.) (Councilwoman Hunt arrived at a point during the Absent - Councilwoman Hunt...I Council Meeting Minutes of October 10, 11, 16, 17, 18, 23, 24 and Approval of City 25, 1979.roved. Councilman McMahon moved thattheeasminutes beNays - 0 Adopted. Councilwoman Hunt arrived at this point in the meeting. FINAL ADOPTION. oRD, 166o8 No. it to collective pertains C.F. No. 273844. Charter as p Section 12.09 of the City An ordinance amending bargaining agreements.eared. to be heard and no one app Councilwoman Showalter asked if anyone wanted 7 Nays - 0 Yeas - Adopted. THIRD READING. Code pertaining to the regulation C.F. No. 273953. the Legislative An ordinance amedding Chapter 245 of St. Paul. of water rates in the City of November 15th for Final Adoption. Laid over to SECOND READING. C.F. No. 273965. to East Mall Associates and or/its successors o in the right-of-ways An ordinance granting permission operate and maintain ornamental street lights and conduit 15-18 Summit Park Addition. constuct, Grand Ave. and Victoria St. and adjacent Lots of Laid over to November 13th for Third Reading. SECOND READING., operate and maintain C.F. No. 273966. to James Wengler to construct, Victoria An ordinance granting permission conduit in the right-of-ways of Grand Ave. and ornamental street lights and 26-28, Block 22, Summit Park Addition-.: Street adjacent Lots November 13th for Third Reading. Laid over to SECOND READING• to parking meter zones and C.E. No. 273967. pertain Tenth St. No. 13539 p An ordinance amending Ordinance art of and Fifth Streets as listed and deleting a P adding parts of Jackson and as listed. November 13th for Third Reading. Laid over to C.F. No. 273968. SECOND READING. 13537 pertaining to Truck Routes and adding a An ordinance amending Ordinance No. Mounds Blvd. to Maria_Avenue. part of East 6th St. from November 13th for Third Reading. Laid over to SECOND READING. C.F. No. 273969. One -Way streets adding parts 13534 pertaining to An ordinance amending Ordinance No. Jp-fferson Avenue as listed. considered being of Van Buren St. and Hunt expressed some concern about a similar ordinance proceed with it is important top Councilwoman Councilman McMahon explained that falls and he Suggested that in Committee and to change signs before the snow not resolved it could this ordinance in order to future readings and if problems are the ordinance proceed be delayed at the Final Adoption. requested that the about the matter and Councilman Tedesco said he has heard concerns ordinance be referred to Committee. to the Public Works Committee. The ordinance was ordered referred C.F. No. 273996. negotiator to negotiate retroactivity iFinanccollective City the Finance, Manage - , Resolution allowing the (Second Reading and Adoption; Letter of bargaining agreements. royal.) Committee recommends app 0 ment and Personnel - Yeas - 7 Nays Adopted. 57866. November 8th, 1979. Claim of George Earl Johnson, 538 St. Peter Street, St. Paul, Minnesota, filed on November 5, 1979, was read. Referred to the City Attorney's Office. Claim of Herman McKinny, 620 Cedar Avenue So., Apt. 711, Minneapolis, Minnesota, filed on October 30, 1979, was read. Referred to the City Attorney's Office. Claim of Mark S. and Carol J. Muller, Sr. by Attorney L. Charles Peterson, 871 E. 7th Street, St. Paul, Minnesota, filed on November 2, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Sam J. Devito on behalf of Nickolas J. DeVito versus the Independent School District No. 625. Referred to the City Attorney's Office. Summons and Complaint in the matter of David Schendan versus Doctor Tventen and the City of St. Paul. Referred to the City Attorney's Office. Administrative Order D-5108, on file in the City Clerk's Office, was noted. C.F. No. 273997. Resolution amending the 1979 Budget and transferring $50,000 from Contingent Re- serve -General to Fire Department -Salaries. (Finance Committee recommends approval.) Adopted. Yeas - 7 Nays - 0 C.F. No. 273998. Resolution amending the CD Year IV and V Programs for the line items transfers con- cerning the North St. Stan's Development Project. (Finance Committee recommends approval.) Adopted. Yeas - 7 Nays - 0 C.F. No. 273999. Resolution amending the CD Year V Program and transferring $82,000 from Unspecified Contingency to Residential Street Paving & Lighting. (Finance Committee recommends approval.) Adopted. Yeas - 7 Nays - 0 C.F. No. 274000. Resolution adopting the Ramsey County Community Health Services P \ lan for 1980-1981. Adopted. Yeas - 7 Nays - 0 C.F. No. 274001. Resolution revising the charges for emergency or paramedic ambulance services and providing for annual increases corresponding to the percentage increase in firefighters salaries AND rescinding C.F. No. 271787. Councilman Levine said sar,_ communities have much higher fees and Councilwoman Hunt said this matter was dis<,issed in Committee and it was agreed that the increases should be based on costs and ic:reased a small percentage each year to coincide with salary increases. Adopted. Yeas - 7 Nays - 0 C.F. No. 274002. Resolution approving neighborhood commercial area improvement program and authorizing certain actions for its implementation and funding. Adopted. Yeas - 7 Nays - C.F. No. 274003. Resolution approving lease of space in the City Hall Annex for use by the State Pollution Control Agency as a carbon monoxide monitoring facility. Adopted. Yeas - 7 Nays - 0 C.F. No. 274004. Resoluiton approving dedication of public streets to City from Central Village Association I, part of Outlot A, Central Village Addition #2. Adopted. Yeas - 7 Nays - 0 C.F. No. 274005. Resolution rescinding C.F. No. 273136 for nonfulfillment of conditions. (C.F. No. 273136 vacated parts of Seminary Ave.) Adopted. Yeas - 7 Nays - 0 J 57867. \ November 8th, 1979. C.F. No. 274006. Resolution granting the petition of Edward Warn, et al, for the vacation of part of Wallraff's Como Place and Como Addition. Adopted. Yeas - 7 Nays - 0 C.F. No. 274007. Resolution approving dedication of public streets to City from Central Village Association II, part of Outlot B, C, and G, Central Village Addition #2. Adopted. Yeas - 7 Nays - 0 Councilman Hozza asked to be excused on November 20th (day meeting) November 27th, \ November 28th and November 29th, including the HRA Meeting.bn November 28th. Councilman Maddox moved that the request be granted. Adopted. Yeas - 7 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:25 A.M. Council President. ATTEST: jtity Clerk. Copies sent to Councilmen ///G /� q Minutes approved by Council " 7/� 57868J MINUTES OF THE COUNCIL 10:00 A.M. November 13th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilmen Hunt, Levine, Maddox, Tedesco, President Showalter ... 5 Absent - Councilmen Hozza, McMahon ... 2 (Councilmen Hozza and McMahon arrived at points during the meeting). Hearing was held on the petition of John Murrin to rezone property at 649 Grand Avenue, aka part of Lot 22 and all of Lot 21, Block 1, Summit Park Addition. No one appeared in opposition. Councilman Maddox moved approval of the petition. Councilman Tedesco said he intends to vote against the petition and is against converting housing to office space. Ms. McNeally of the Planning Staff explained the proposal to legalize a nonconforming use. Roll call on the motion to grant the petition. Adopted. Yeas - 4 Nays - 1 (Tedesco) Councilman McMahon arrived at this point in the meeting. C.F. No. 274008. RESOLUTION RATIFYING ASSESSMENT. In the matter of condemning and taking an easement in the land necessary for slopes, cuts and fills in the grading and paving of the alley in Block 8, Watts Park from Howard St. to McKnight Rd., under P.O. 273006. No one appeared. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 C.E. No. 274009. RESOLUTION RATIFYING ASSESSMENT. In the matter of installing a public water main in Oxford Street from Grand Avenue to 280 feet north of the centerline of Grand Avenue, under P.O. 271623. No one appeared. Councilwoman Hunt moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 Councilman Hozza arrived at this point in the meeting. C.F. No. 273935. FINAL ADOPTION. ORD. NO. 16609. An ordinance amending Chapter 336 of the Legislative Code by restricting the dis- tribution of free cigarettes. Adopted. Yeas - 7 Nays - 0 C.F. No. 273965. THIRD READING. An ordinance granting permission to East Mall Associates and/or its successors to construct, operate and maintain ornamental streets lights and conduit in the right-of-ways of Grand Avenue and Victoria Street and adjacent Lots 15-18, Summit Park Addition. Laid over to November 20th for Final Adoption. C.F. No. 273966. THIRD READING. An ordinance granting permission to James Wengler to construct, operate and maintain ornamental street lights and conduit in the right-of-ways of Grand Avenue and Victoria St: adjacent Lots 26-28, Block 22, Summit Park Addition. Laid over to November 20th for Final Adoption. C.F. No. 273967. THIRD READING. An ordinance amending Ordinance No. 13539, pertaining to parking meter zones and adding parts of Jackson and Fifth Streets as listed and deleting a part of Tenth St. as listed. Laid over.to November 20th for Final Adoption. 57869 J November 13th, 1979. C.F. No. 273968. THIRD READING. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and adding a part of E. 6th St. from Mounds Blvd. to Maria Avenue. Laid over to November 20th for Final Adoption. C.F. No. 273982. SECOND READING. An ordinance amending Chapter 5.04 of the Administrative Code and clarifying the role of the City Treasurer as treasurer for the St. Paul Police Relief Assn. Laid over to November 15th for Third Reading. C.F. No. 274010. FIRST READING. An ordinance fixing a 6% interest rate to be charged for the special assessments levied by Resolutions C.F. No. 273914, 273915 and 273916 upon improvements in Springside Drive, Lenox Avenue, Wildview Avenue, Allston Street and Winthrop Avenue. Laid over to November 20th for Second Reading. Claim of Kathleen M. Heinzen, 4161 Meadowbrook Lane, 96221, St. Louis Park, Minnesota, filed on November 8, 1979, was read. Referred to the City Attorney's Office. Claim of Janice Linden Kalin, 4753 Humboldt Avenue So., Minneapolis, Minnesota, filed on November 6, 1979, was read. Referred to the City Attorney's Office. Claim of Richard N. Manley, 12945 2nd Avenue So., Burnsville, Minnesota, filed on November 7, 1979, was read. Referred to the City Attorney's Office. Claim of Terry Dennis McDowell, 570 Central, Apt. 3B, St. Paul, Minnesota, filed on November 8, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of John and Carol Crea versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Kenneth and Irene Sinn versus the MTC and City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Billy Martin Omundson versus the City of St. Paul. Referred to the City Attorney. Letter from the Director of Finance and Management Services Department reporting the petition to rezone Lots 11 thru 14, Block 1, Como Park Second Addition is insufficient. Filed. Administrative Orders D-5109, D-5110, D-5111, D-5112, D-5113, D-5114, D-5115, D-5116, D-5117, and D-5118 as on file in the City Clerk's Office were noted. C.F. No. 274011. Resolution authorizing an agreement with the Minnesota Department of Health for City administration of the Minnesota Special Supplemental Food Program for Women, Infants and Children within Ramsey County. Adopted. Yeas - 7 Nays - 0 C.F. No. 274012. Resolution approving a program of energy audits for city owned buildings AkU application for State and Federal grant funds for the performance of said audits. Adopted. Yeas - 7 Nays - 0 C.F. No. 274013. Resolution setting forth the disbursements of funds received by the City in its suit brought against the contractors and agents involved in the faulty roof construction of the Concord Terrace Neighborhood Service Center. Adopted. Yeas - 7 Nays - 0 C.F. No. 274014. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 7 Nays- 0 November 13th, 1979. 57870. C.F. No. 274015. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 274016. Resolution granting the transfer of Cigarette and other licenses from Lester A. Morgan at 736 S. Robert St. to Roger and Lois A. Morgan at the same address. Adopted. Yeas - 7 Nays - 0 C.F. No. 274017. Resolution releasing the permanent easement for slope purposes over the west 3g of Lot 7, Block 13, Ashton and Sherburne's Addition. Adopted. Yeas - 7 Nays - 0 C.F. No. 274018. Resolution granting permission to Champion International Corp. (Hoerner Waldorf) to install two traffic warning signs with flashers on Vandalia St. between I-94 and University Avenue. Adopted. Yeas - 7 Nays - 0 C.F. No. 274019. Resolution approving applications for abatement and cancellation of assessment of property taxes against property owned by the HRA described in Taxation Application Nos. 96202 and 96203. Adopted. Yeas - 7 Nays - 0 C.F. No. 274020. \ Resolution appointing Allen J. Shetka to represent the City of St. Paul as local agent for the application of Federal Financial assistance under the Disaster Relief Act. Adopted. Yeas - 7 Nays - 0 C.F. No. 274021. Resolution granting permission to Macalester College to reconstruct the public sidewalk in front of 1648 Grand Avenue. Adopted. Yeas - 7 Nays - 0 Councilpersons Hozza, McMahon, Hunt and President Showalter asked to be excused on Wednesday, November 14th, to be in Washington and Councilman Levine said he has an airline reservation for Wednesday morning but may not attend. There was some discussion on confusion that exists due to the 9:00 A.M. Wednesday City Council Meeting and Councilwoman Hunt moved that the City Attorney be requested to draft the proper legislation to change the Wednesday City Council Meeting from 9:00 A.M. to 10:00 A.M. Adopted. Yeas - 7 Nays - 0 Councilman Tedesco moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:20 A.M. Council President. ATTEST • d / . L.- / City C�rk. Copies sent to Councilmen Minutes approved by Council 57871. MINUTES OF THE COUNCIL 10:00 A.M. November 15th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilmen Hozza, Levine, Maddox, McMahon, Tedesco, President Showalter ... 6 Absent - Councilwoman Hunt...1 (Councilwoman Hunt arrived at a point during the meeting.) Hearing on the request of Champion International Corporation to construct fencing across certain streets vacated by the City in 1972 and described as portions of Myrtle, Hampden, Wabash and Pillsbury Streets. Councilman McMahon moved that the matter be continued until December 13th, 1979. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt arrived at this point in the meeting. Resolution ordering the correction or wrecking and removal of a structure at 453-455 E. Page. Mr. Strohkirch of the Housing Code Division said this action was initiated at the request of a petition filed with the Mayor's Complaint Office. Roger Cable said the property has been sold to an investment company and they intent to rehabilitate the property and he said he would clean up the yard and board it up until the closing date. At the question of Councilwoman Hunt, Mr. Cable said the property is being sold to Mr. Myron Berg in ten days and they intend to rehabilitate it and if they do not follow through, he will. Councilwoman Hunt expressed concern about tearing down a building without fully exploring rehabilitation and she said this could put two three bedroom units on the market and she referred to the shortage in housing especially for families with children. She moved that the matter be laid over for two weeks and she urged the owner to contact the Planning and Economic Development Department to explore the possibility of rehabili- tation of the building. Adopted. Yeas - 7 Nays - 0 Resolution ordering the correction or wrecking and removal of a structure at 302 So. \ Exchange. Mr. Strohkirch circulated pictures of the property and referred to the condition of the building and said that they recommend that the Council proceed with demolition. He said he has received a letter from the attorney for the owner requesting a delay to restore the property. Councilman Hozza suggested that the matter be laid over until Tuesday as a courtesy to the attorney but he expressed concern about definite plans for the building and referred to problems with these owners in other areas. Councilman Levine said the property is a fire hazard and should be demolished. Roll call on the motion -to lay the matter over until Tuesday, November 20th, 1979. Adopted. Yeas - 7 Nays - 0 Councilman Hozza left the meeting at this point. Appeal of Walter and JoAnn Gress to a Summary Abatement Order of the Housing Code Division affecting property at 306 E. Page. Mrs. Gress appeared and said the weeds have been cut and she asked additional time to take care of the removal of the debris from the property. Earl Connelly of the Housing.Code Division circulated pictures of the property and said in view of the information received today he would suggest that the summary Abatement action be stopped and that the owner be permitted until next Spring to remove the debris from the property. Councilwoman Hunt moved that the summary abatement action be stopped and that the owner be permitted to remove the debris from the property next Spring with the matter to be brought back to the Council if necessary. Adopted. Yeas - 6 Nays - 0 V 57872. November 15th9 1979. Councilman Maddox moved that the rules be suspended to consider resolutions not on the Agenda- yeas - 6 Nays - 0 Adopted. C.F. No. 274022. a Pricing Committee to establish preliminary size, net Resolution establishing with the issue under - interest rates and net salrovingeallettereoflunderstandingewith tie issurehae under io revenue bond issue and app and Economic Development writers.McNellis De appeared of the Planning Hart, se and Mr. explain the program. Department appeared toyeas - 6 Nays - 0 Adopted. Devel- C.F. No. 274023. execution of an Assumption Agreement and Fifth Amendatory 7A. Resolution authorizing opment Agreement in connectioYe with the construction of Galleria Towers in Block Adopted. FINAL ADOPTION. pertaining to the C.F. No. 273953. 245 of the Legislative Code p An ordinance amending Chapter P Paul. regulation of water rates in Y as Citof St- 6 Nays - 0 Adopted. C.F. No. 273982• THIRD READING.Chapter 5.04 of the Administrative Code and clarifying An ordinance amending the role of the City Treasurer as treasurer for the St. Paul Police Relief Association. Laid over to November 27th for Final Adoption, FIRST READING. C.F. No. 274024. Ordinance to Mississipp No. 13537 pertaining to Truck Routes and deleting An ordinance amending i Street. Acker Street from Jackson St. Laid over to November 27th for Second Reading. FIRST READING.erate C.F. No. 274025• ranting the HRA Permission to construct and maintain and op An ordinance g Sixth Street and Minnesota St. to connection the pedestrian overhead bridges over E. Radisson Hotel/Town Square with the Northwestern National Bank and Bremer Building respectively. Laid over to November 27th for Second Rea din St. Paul, Minnesota, filed on November 13th, 1979, Claim of Louis Hogen, 1726 E. 5th St., was read. Referred to the City Attorney - Referred I. Sinclair, Hillcrest n Lusk,b their attorney, Minnesota, filed on Novemb13th, Claim of David 18277oNhrt orth St. Paul Road, St. Paul, Bank Building, 1979, was read. Attorney. Referred to the City Claim of Lois M. Mann, 1684 Blair Ave., St. Pau],.Minnesota, filed on November 13th, 1979, was read. Attorney. Referred to the City Paul, Minneosta, filed on November 9th, Claim of Elayne, E. McDonnell, 1617 Suburban, St. 1979, was read. Attorney. Referred to the City m.nneapolis, Minnesota, Claim of Metropolitan Transit Commission, 3118 Nicollet Ave•, filed on November 7th, 1979, was read. Referred to the City Attorney. 11 through 14, Block 1, Como Park 2nd Addition- Resubmitted ddition Resubmitted petition to rezone Lots Referred to the Finance Department for recheck as to sufficiency. Administrative Order # D-5119 was noted. C.F. No. 274026. re ort and recommendations of the Citizen's Advisory Committee inue the franchising. Resolution accepting P that the Council cont on Cable Communications and determining process. (Discussion continued to the following page.) 57873! �+ November 15th, 1979- revious Page•) ressed appreciation to (Discussion continued flainedrom ethe resolution and exp President Showalter exp the Advisory Committee. future considerations on this matter be Councilman Levine recbmmended thatany that the matter by the Committee of the Whole. estion and urged Councilman Maddox said he agrees with the sugg be discussed by the Councilr.and at this time thereed was could ebe1the snext stepsion on s and next steps and Councilwoman•Showalter exp also said the resolution provides that the Council should visit other cities to learn more about cable communication operations. Roll call on the resolution. Yeas - 6 Nays - 0 Adopted. ranting Bingo Game Licenses to Holy Spirit Men's Club. C.F. No. 274027. Resolution g yeas - 6 Nays - 0 Adopted. C.F. No. 274028• various licenses to persons as listed. Resolution granting yeas - 6 Nays - 0 Adopted. C.F. No. 274029.licenses to persons as listed. various Resolution granting Yeas - 6 Nays - 0 Adopted. C.E. No. 274030• ranting various licenses to persons as listed. Resolution g yeas - 6 Nays - 0 Adopted. C.F. No. 274031• ranting various licenses to persons as listed. Resolution g Yeas - 6 Nays - 0 Adopted. C.F. No. 274032.ranting Bingo Games Licenses to St. Casimir's Youth Council and St. Resolution g Ambrose Church Men's Club. Yeas - 6 Nays - 0 Adopted. lict #2 re - President Showalter saiaiser tomorrow night and -as d it has been called to her aunawine th tcompp l completion hof is planning a bingo fund r conditional approval pending quirements and they are as application forms. approval of the request. Councilman Tedesco moved aPP Yeas - 6 Nays - 0 Adopted. Councilman Maddox moved that the meeting be adjourned. Yeas - 6 Nays - 0 Adopted. A D J O U R N E D AT 10:45 k.X- -?29� Council President. ATTEST: City Cl k. Copies sent to Councilmen Minutes approved by Council 57874E MINUTES OF THE COUNCIL \\ 10:00 A.M. `* NOVEMBER 20th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 10:07 A.M. Present - Councilmen Levine, Maddox, McMahon, Mr. Vice President Tedesco ... 4 Absent - Councilmen Hozza, Hunt, Showalter ... 3 ( Councilwoman Hunt arrived at a point during the meeting). Resolution ordering the correction or wrecking and removal of a structure at 302 So. Exchange. (Laid over from November 15, 1979) Thomas Strohkirch of the Housing and Building Code Division read excerpts from a recently received letter from Mr. Nelson concerning the heritage preservation status of the building. He said Mr. Nelson's conclusion was that the building was not appropriate for that use and the letter further delineates the interior condition of the building. John Bellows, Attorney at 435 Hamm Building and representing the Kessler estate, said he is in opposition to the demolition. He said a quick review of the Nelson letter shows a lack of definiteness on the building condition. Mr. Bellows requested additional time to sell the building in '.the belief the building can be sold. Ed Starr, City Attorney, answered a question from Mr. Vice President Tedesco on possible city liability by saying that the liability lies with the Kessler estate but in the process of city inspection and recommendations the city could be held liable'for not demolishing the building if this were the recommendation of the department. He said the potential for city liability is there. Mr. Bellows said they had attempted to do something with the building but there have been some insurance problems. He said there had been one potential purchaser but the financing fell through and they are not requesting the matter be put over indefinitely but asking for little time. Mr. Bellows said it fits in so well with the Irvine Park Area and it would be a shame to demolish the building. Councilman Levine said he has looked at this on many occasions and it is in a hazardous condition and it would be in the best interest of the public if it were removed. He said that what bothers him is there could be injury to a fire fighter in the event of a future fire because of the condition of the walls. Mr. Strohkirch confirmed there is a possibility the walls could collapse. / Councilman Levine said if the building is properly insured at this time he would be willing to support a delay if they would post a high performance bond or insurance policy which meets with the approval of the City Attorney. Ed Starr said liability coverage in the amounts of $100,000 to $300,000 would be sufficient for the city's interests. Councilman Levine moved that the matter be laid over not to exceed thirty days with the understanding that at any time within the thirty days Mr. Bellows could come in and indicate if there has been any action to save the building. Councilman Maddox said he could not support the motion and Councilman Levine said he is trying to get away from the old policy and into a new policy and have the building secured. Councilwoman Hunt arrived at this point in the meeting. Councilwoman Hunt asked why the building has not been sold before now and she said she would be willing to have the matter laid over until the next meeting but beyond that she would not be agreeable to any extension like thirty days. Councilman Levine said he wants to be sure the building is totally secured and that it meets with the approval of the Building Department. Councilman Levine rephrased his motion at the request of Councilman Maddox and he moved to have the City Attorney draw up the necessary resolution which would granhe would do that tfrom Mr. Bellows thatthe has othe yt the thirty days but necessaryinsuranceubutshhemovedstheecommit- ment be laid over to the November 27th meeting. Councilwoman Hunt said she would be unwilling to have any guarantees extended to Mr. Bellows that were he to comply with the insurance factor the matter would be resolved to the Council's satisfaction because she said there are some other members, of the Council who are not here who may have feelings on the subject. Roll call on the motion to lay the matter over to November 27th. Adopted. Yeas - 5 Nays - 0 57875. November 20th, 1979. FINAL ADOPTION. ORD. NO. 16611. C.F. No. 273965. ranting permission to East Mall Associates and/or its successors An ordinance g to construct, operate and maintain ornamental street lights and conduit in the right-of-ways of Grand Avenue. and Victoria St. and adjacent Lots 15-18, Summit Park Addition. yeas - 5 Nays - 0 Adopted. FINAL ADOPTION. ORD. NO. 16612. C.F. No. 273966. operate and An ordinance granting permission to James Wengler to construct, p maintain ornamental is Stt-of-ways of Grand Teadjacentet sLots 26-28,and tBlock 22,in the iSummit Park Addition. Ave Yeas - 5 Nays - 0 Adopted. FINAL ADOPTION. ORD. NO. 16613. C.F. No. 273967. ertaining to parking meter zones An ordinance amending Ordinance No. 13539, p art of and adding parts of Jackson and Fifth Streets as listed and deleting a P Tenth St. as listed. yeas - 5 Nays - 0 Adopted. FINAL ADOPTION. ORD. NO. 16614. C.F. No. 273968• ertaining to Truck Routes and adding a An ordinance amending Ordinance No. 13537 p part of E. Sixth St. from Mounds Blvd. to Maria. Nays - 0 Adopted. SECOND READING. C.F. No. 274010. a 6% interest rate to be charged An ordinance fixing Resolutions No. C.F. No. 273914, 273915, for the special assessments levied by and 273916 upon improvements in Springside Drive, Lenox Avenue, Wildview Avenue, Allston Street and Winthrop Avenue. Laid over to November 27th for Third Reading. C.E. No. 274033. FIRST READING. ive Code pertaining to the An ordinance amending Section 15.03 of the Administrat time of Wednesday Council Meetings. Laid over to November 27th for Second Readin filed on Claim of Larry E. Brown, 934 Carroll Avenue, St. Paul, Minnesota, November 14, 1979, was read. Referred to the City Attorney's Office. Claim of Richard Biedler by Attorney David Cody, 1001 Degree of Honor Bldg., St. Paul, Minnesota, filed on November 14, 1979, was read. Referred to the City Attorney's Office. filed on Claim of George Dwyer, 417 White Bear Avenue, St. Paul, Minnesota, November 16, 1979, was read. Referred to.the City Attorney's Office. Claim of Carl Dziubak by Attorney Dan K. Nelson, 871 E. 7th St., St. Paul, Minnesota, filed on November 14, 1979, was read. Referred to the City Attorney's Office. Claim of Edward LeTendre by Attorney Daniel Klas, 143 E. 4th St., St. Paul, Minnesota, filed on November 15, 1979, was read. office. . Referred to the City Attorneyfiled Claim of Teresa G. Mark, 166 N. McCarron's Blvd., St. Paul, Minnesota, on November 16, 1979, was read. Referred -to the City Attorney's Office. Minnesota, filed Claim of Audrey Sehreiber, 20 E. Exchange St., A-1104, St. Paul, on November 13, 1979, was read. Referred to the City Attorney's Office. Claim of Tamara Pavlov by Attorney 19Dan K. Nelson, 871 E. 7th St., St. Paul, Minnesota, filed on November 14, Referred to the City Attorney's Office. Summons and complaint in the matter of William Cockriel versus the City of St. Paul. Referred to the City Attorney. 57876./ November 20th 1979. Novem , Summons and Complaint in the matter of Thomas Szalapski, Jr. versus the MTC, City of St. Paul.and Robert Koutz and Mathew Remachel, Jr. Referred to the City,_Attorney. Notice from Diana and Leonard Makens of an appeal to District Court from C.F. No. 273914, 273915, and 273916 being Resolutions Ratifying Assessments for improvements in parts of Springside Drive, Lenox Avenue, relocated Wildview Avenue and parts of Allston and Winthrop Streets. Referred to the City Attorney. Notice from Joan Nelson of an appeal to District Court from C.F. Nos. 273914, 273915 and 273916 being Resolutions Ratifying Assessments for improvements in parts of Springside Dr., Lenox Avenue, relocated Wildview Avenue and parts of Allston and Winthrop Streets. Referred to the City Attorney. Administrative Orders D 5120 and D 5121 as on file in the City Clerk's Office were noted. Resolution approving terms and conditions of a 1980-1982 Memorandum of Understanding applying to Unclassified Employees holding the title of Assistant Fire Chief. (First Reading; employment for the period January 1, 1980 thru December 31, 1982.) Laid over to November 27th for Second Reading and Adoption. Resolution approving terms and conditions of a 1980-1981-1982 Agreement between the City of St. Paul and the St. Paul Police Supervisory Group. (First Reading; employment for the period January 1, 1980 thru December 31, 1982) Laid over to November 27th for Second Reading and Adoption. C.F. No. 274034. Preliminary Order for the installation of public water main in Ames Avenue from 260 feet east of Etna to 650 feet East of Etna St. and setting a date of public hearing for December 18, 1979. Adopted. Yeas - 5 Nays - 0 C.F. No. 274035. Resolution accepting the proposed plat entitled Brewster Townhouses. Adopted. Yeas - 5 Nays - 0 C.F. No. 274036. Resolution authorizing support of City participationship in the process to expand NHS (Neighborhood Housing Services) in St. Paul AND authorizing the Mayor to support the agreement. Adopted. Yeas - 5 Nays - 0 C.F. No. 274037. Resolution approving the appointment of William Eiden to a three-year term to expire on September 21, 1982 AND the reappointment of Barbara Penn to the Parking Commission. Adopted. Yeas - 5 Nays - 0 Councilman McMahon moved that the rules be suspended to consider a resolution not on the agenda. Adopted. Yeas - 5 Nays - 0 C.F. No. 274038. Resolution commending Gerald Flathman for his many years of service to the City of St. Paul and in particular to his dedication to the furtherance of athletic programs for the youth of the city. Both Councilmen Levine and Tedesco spoke on their long associationship with Mr. Flathman and of his many contributions to the City. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the meeting be recessed to 7:30 P.M. Adopted. Yeas - 5 Nays - 0 The meeting was recessed at 10:32 A.M. 57877: \ November 20th, 1979. 7:30 P.M. The meeting was ordered reconvened by Mr. Vice President Tedesco at 7:35 P.M. Present - Councilwoman Hunt, Councilmen Levine, McMahon, Mr. Vice President Tedesco ... 4 Absent - Councilmen Hozza, Maddox, President Showalter...3 (Councilmen Hozza and McMahon arrived at points during the meeting.) Mr. Vice President Tedesco announced the Annual Performance Hearing on the Community Development Block Grant Program and he described the purpose of the hearing and announced that oral or written comments will be received and a response to the comments can be made in writing by the Community Development Department. He referred to staff persons present and asked if anyone wanted to be heard. eared Mr. Amos Roos, 1427 North Albert and Chairman of the Ad Hoc Evaluation Committee, app and reviewed his report and outlined several recommended changes as listed in the report. Councilman Maddox arrived at this point in the meeting. At the question of Councilwoman Hunt, Mr. Patton, Community Development Coordinator, explained how the Ad Hoc Committee was formed and its purpose. Councilman Tedesco asked if anyone else wanted to be heard and no one appeared and the public hearing was ordered closed. Petition of Curtis Burckhardt to rezone property on the south side of Lower Afton Road west of McKnight to a planned development district. Mr. Burckhardt appeared and said he met with residents last night and he agreed to provide five single family lots at the top of the hill and he said he will foster five nice single family homes on these lots. lie said the five lots will not be part of the planned development district and he guarantees that at least one thousand square feet of living space will be included in the units involved. At the question of Councilman Maddox, Mr. Burckhardt said he will restrict the deed on the five lots to single family homes. At the question of Councilman Maddox, Mr. Starr, City Attorney, explained that covenants on the deed could run with the land and be binding. At the question of Councilman Levine, Mr. Burckhardt said he will sell the five lots and develop the rest of the property and he said he doesn't want to guarantee himself as a builder for the five single family lots. At the question of Councilman McMahon, Mr. Burckhardt said the five lots are not part of the planned development district because he cannot guarantee a floor plan. Ms. McNeally of the Planning Staff said the final plan requires a building plan indicating a site plan and square footage but does not require a floor plan. Mr. Bill Ryan representing the Highwood Citizens Association said they heard about the proposal for five single family lots last night but did not learn about the proposal to restrict the deed until tonight. He expressed concern about the two double family homes at the northwest corner and said they would like two more single family lots. At the question of Councilwoman Hunt, Ms. Baker of the District Council Staff said they stand by their original position in favor of the compromise for all duplexes. Councilwoman Hunt said she thinks the developer has gone a long way -in view of the Planning Commission recommendation for forty four units and in view of the compromises that have been made to this point. Councilwoman Hunt referred to comments of several committees regarding the future of single family development and said the residents could be much worse off in the future if they do not accept this proposal. Councilman Levine asked if any other alternatives are acceptable to Mr. Burckhardt and Mr. Burckhardt said he is committed to constructing good homes and he thinks the two lots on Lower Afton Road are too close to high trafficafor the single family construction. Councilman Hozza arrived at this point in the meeting. Mr. Burckhardt said he would prefer to leave the proposal as it is and Mr. Ryan said the neighbors had made compromises and not the developer and he thinks they could live with the proposal provided there was one more single family lot included. The Council.at this time recessed for five minutes and later reconvened. Mr. Ryan said the residents would like to see the entire western border single family lots however they are willing to concede one lot on Lower Afton Road and agreed to the proposal with one more single family lot and with the single family lots to be included in the planned development district. (Discussion continued to the following page.) J 57878. November 20th, 1979. (Discussion continued from the previous page.) Mr. Burckhardt said he has no objection to the six single family lots and he asked clarification on the requirements that there must be constuction on the lots with- in three years. planned unit development must be in three Ms. McNeally said all development in the p years with the possibility of a one year extension. Councilwoman Hunt said she thinks there are problems with the plan and the details should be spelled out. Councilman Hozza said during the year between the preliminary and final plan the de- Councilman can be discussed with the City Attorney's Office and the six lots could be exempted from the ordinance at the time of the final plan. Mr. Burckhardt said he can live with six family lots and at the question of Councilman Levine he explained that there could be fexibility in the lot size of the six single family lots. Councilman Maddox moved approval of the proposal based on the testimony tonight and the agreement just reached and providing for six single family lots and eleven double units. Adopted. Yeas - 6 Nays - 0 The meeting was thereupon adjourned. (9:00 P.M.) ou Pre � dent. ATTEST: MINUTES OF THE COUNCIL City Clerk. 9:00 P.M. November 21, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Tedesco at 9:10 A.M. Present - Councilwoman Hunt, Councilmen Hozza,-Levine, Maddox, Mr. Vice President Tedesco...5 ...2 (Councilman McMahon and President Showalter Absent - Councilman McMahon, President Showalter arrive at a point during the meeting.) Bingo Application - St. Paul Council 397, Knights of Columbus Manager,anotifiedin t 52 periods. to (George W. Lambert, Grand Knight, and Clarence M. Tessling, attend.) Councilman Maddox moved approval of the application. Adopted. Yeas - 5 Nays - 0 - Guadalupe Mexican Education Society, 459 Wabasha Street, 52 periods. Bingo Applicationua President, and Agnes Meihofer, Manager, notified to attend.) (Father Raymond G Councilman Levine moved approval of the application. Adopted. Yeas - 5 Nays - 0 Ave., 52 perios. Bingo Application - St. Peter Claver's SocClub, andn EvelyM University Manager, notified (Jacqueline L. Jansen, Secretary -Treasurer, to attend -5 Councilman Maddox moved approval of the application. Adopted. Yeas - 5 Nays - 0 Bingo Application - St. George Church Council, 57 W. Seventh Street, 52 periods. (Norman L. Holmes, Treasurer, and Sharon A. Awadi, Manager, notified to attend.) Councilman Maddox moved approveas al f the app Nays - 0 Adopted. Councilman McMahon and President Showalter arrived at this point in the meeting. Application for an On Sale Wine License by the Minnesota Museum of Art, 305 St. Peter Street. (James V. Toscano notified to attend). The following resolution was submitted. C.F. No. 274039. Resolution granting On Sale Wine License to the Minnesota Museum of Art at 305 St. Peter St. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 57879. November 21st, 1979. Application for the transfer of Taxicab No. 86 License issued to the St. Paul Yellow Cab Company, Inc. at 400 Selby Avenue to Yellowbitd, Inc at the same address. (Robert Janecek notified to attend.) The .following resolution was submitted. C.F. No. 274040. Resolution granting transfer of Taxicab No. 86 License from St. Paul Yellow Cab Company, Inc. at 400 Selby Ave. to Yellowbird, Inc. at the same address. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 on for the transfer of the On Sale Liquor License issued to A & E, Inc. Application for , President) at 656-60 Grand Avenue to O'Connell's, Inc. (Steve (Evelyn O'Connell, President) at the same address. (Steve and William O'Connell notified to attend.) The following resolution was submitted. C.F. No. 274041. Resolution granting transfer ofOnSle6 iquorGLicense, rand Ave.RtotOuConnellaseYlncn CCigarette Licenses from A & E, Inc. a at the same address. Mr. Joe O'Neil, attorney for O'Connell's, Inc., said the papers for transfer were ro ert prepared over three years ago and he referred to the difficulties transferring p p y and he said now all the papers are in order. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Public Hearing on the application for the transfer of the Off Sale Liquor License issued to Southtown Liquor, Inc. (James R. Bresnahan, President) at40ident)Capitol 1O55aPayne Building, to A.B.C. Liquor Warehouse, Inc. (Anna Prawdiuk, Avenue. No one appeared. Councilman Levine moved approval f the application. Adopted. Public Hearing on the On Sale Liquor License issued to The Caves, Inc. (Peter N. Marcus, business as the Castle Royal at 215 S. Wabasha Street. (Recommended President) doing for suspension by the Division of License and Permit Administration.) Mr. Carchedi said The Caves, Inc. had now submitted the proper insurance and he recommends that the matter be withdrawn. Councilwoman Hunt moved that the matter be withdrawn from Council consideration. \ Adopted. Yeas - 7 Nays - 0 Public Hearing on the 44 Taxicab Licenses issued to the St. Paul Yellow Cab Company, by Avenue. (Recommended for revocation by Inc. (Robert Janecek, President) at 400 Sel the Division of Licens:and Permit Administration.) Mr. Miley, attorney representing Mr. Janecek, requested that this matter last laid over or withdrawn for a period of four to six months and he said during the last few months, they have been attempting to provide better service in St. Paul and have entered into a program with drivers for a leased program. He said he thinks the hearing is unnecessary at this time and the Yellow group will have forty cars on the street in the next month and shortly after that another ten cars. At the question of Councilwoman Showalter, Mr. Garvey said the proposal is legal if the drivers would own the automobiles and Mr. Miley said the drivers are buying the automobiles. At the question of Councilman Maddox, Mr. Garvey said he saw a document about a month ago and it seemed to be in order and he said the thirty currently licensed vehicles are properly insured and any licenses released must have proper At the question of Councilman Maddox, Mr. Ray Hoganrepresentingthe General Drivers Local said an agreement was worked out last night to satisfy the health and welfare fund. Councilman Levine said he thinks the matter shoroblemswin thewfuturethe theamatterncould seems to be satisfactory and if there are any p be brought up again and it is in the best interest of all to carry out the plan as proposed today. Councilman Levine moved that the matter be withdrawn from Council consideration. Councilwoman Hunt referred to a memorandum from the City Attorney stating that the licenses must be revoked because they are inactive and Mr. Starr said nothing has been done to change the ordinance that mandates the revocation of inactive licenses. of Councilwoman Hunt, Mr. Starr said if someone started a lawsuit con - At the question ld lose. At the question of Councilman cerning this item he believes the City wou Hozza, Mr. Starr said the licenses are currently inactiverovaluseHefsaidkiffthe slicenses and if a transfer is granted it would require Council aPP licant after making are revoked today the licenses could be reissued to the same app a finding of necessity. (Discussion continued to the following page.) s7s8o November 21st, 1979. (Discussion continued from the peviouscpage.) being proposed and there must be a Councilman Maddox said he supports legal way to do it. t support Councilman Levine's motion and he recogn Councilman Hozza said he cannoizes the problems the the union and t thewilproblems problem. service saidbhe thinks ethe sCity confidence the owner. is opening itself to liability and he hasn't seen credibility by Mr. Hogan sthsnandrhemsaidentwtheas rdriverseachedlwantastntohbe ownereoperatorsigt but thy haverand caretabout about two monad taxicab service in the City.drivers but with the owne disagreementCouncilman Hozza Msaid his stressed that1the d iversnot withtdo not have the capital to buy rs o the company ilp Y gan the cars. firm will offer not only radio service but maintenance Councilman McMahon said the parent facilities for the owner operators. rnential law- Councilmsh the proposal if an atheelawtanduMr.bStarrcindicatedethateanytprneys to accomp applicant' suit, if the licenses are not revoked, would probably come from another app He said if this hearing were continued for one month it would allow time for the owner to move ahead with the proposal. Councilman Levine said his motion is to withdraw the recommendation of the License Inspector. ort the motion based on the requirements Councilwoman Hunt indicated she cannot support of the ordinance. hinks the only way to proceed is to continue the hearing Councilman Hozza said he t problems of insurance and to next week and work out an agreement to avoid a court action. Mr. Miley referred to the need for taxicab service, the p the gas crunch and said no one can make a case for additional cabs in that the the city. Mr. Miley said it is in the best interest of the owner and the driver matter be withdrawn. e Mr. Hogan also requested withdrawal and said if it is not withdrawn it should held over three or four months.be laid over one Councilwoman Hunt moved that "the motionany saidoretthatohecunderstands that theirek. Mr. Lynch representing another cab company application is still pending and the Council must obey the ordinance and revoke the licenses and then reissue them. at any time to Councilman Levine said the Council has the authority to call a meeting Hunt said the matter to table the motion take further action and Councilwoman takes precedence. update of the situation from the Councilman McMahon said the Council can ask for an License Inspector periodically. Councilman Hozza said withdrawal doesn't put the City in a good position and Councilman Maddox said he is in favor of the proposal but he is concerned about the law and will support the motion to continue the matter. to continue the matter for one week. Roll call on Councilwoman HunYeas - 3 (Counci woman Hunt, Councilmen Hozza and Maddox) Nays - 4 (Councilmen Levine, McMahon, Tedesco, President Showalter) Motion failed of adoption. Councilman Levine said his motion would provide that the recommendation of the License and Permit Division be withdrawn. At the question of Councilwoman Hunt, Mr. Starr said if the recommendation is withdrawn it doesn't have to be done by a formal resolution. Roll call on Councilman Levine's motion to withdraw the recommendation of thPr cense sident and Permit Division. Adopted. Yeas - 4 (Councilmen Levine, McMahon, Tedesco, Showalter) Hunt, Councilmen, Hozza and Maddox) Nays - 3 (Councilwoman Submission of revised liquor license application to the City Council for their review. Mr. Carchedi explained the revised application form and said they will only ask for additional personal financial information if it is needed. has been submitted to the groups involved or a Councilwoman Hunt asked if the form the adoption of a response and it was indicated that this could be done prior to resolution. Councilman Hozza left the meeting at this point. Councilman Maddox moved approval of the revised application form as submitted today. Adopted. Yeas - 6 Nays - 0 57881. November 21st, 1979. Councilman Maddox asked to be excused from thisafternoon's HRA meeting and Councilman McMahon moved thattheeasregquest beNays - 0 Adopted. cerning Councilman Maddox referredpolicecalls reportebehas madebeen t receiving licensendivisionEand'to bar and he asked that a p the City Council. Councilwoman Hunt moved that the meeting be adjourned. \ Adopted. Yeas - 6 Nays - 0 ADJOURNED AT :10:15 A.M. Council President. ATTES Ci Clerk. Copies sent to Councilmen Minutes approved by Council 7 3 57882. MINUTES OF THE COUNCIL \ 10:00 A.M. November 27th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:10 A.M. Present - Councilwoman Hunt, Councilmen Maddox, McMahon, President Showalter ... 4 Absent - Councilmen Hozza, Levine, Tedesco ... 3 (Councilman Levine arrived at a point during the meeting.) Approval of minutes for October 25, 30, 31, November 1, 5, 6, 7, and November 8, 1979. Councilman McMahon moved approval of the minutes. Adopted. Yeas - 4 Nays - 0 C.F. No. 274042. Resolution ordering the correction or wrecking and removal of a structure at 302 S. Exchange. (Laid over from November 20th) Mr. Strohkirch of the Housing Code Department said the building is still open, the roof has collapsed and their recommendation is still to adopt the resolution ordering correction or wrecking and removal of the structure. John Bellows, Attorney for the estate, said his insurance agent is unable to cover the building at the limits requested and he requested a continuance of thirty days to allow an attempt to sell the building for rehabilitation. Councilman Levine arrived at this point during the meeting. Councilwoman Hunt indicated a desire to proceed with condemnation and Councilman Maddox moved approval of the resolution. \ Adopted. Yeas - 5 Nays - 0 Hearing on the petition of St. Paul Companies, Inc. for the vacation of Auditorium Street between West 5th Street and West 7th Place. A letter of the Valuation Engineer was noted recommending approval of the petition subject to certain terms and conditions. No one appeared in opposition. Councilman McMahon moved approval of the petition subject to the terms and conditions recommended by the Valuation Engineer. Adopted. Yeas - 5 Nays - 0 Hearing was held on the petition of Darrell Butler for the vacation of part of Mystic Street adjacent to Lots 37 and 38, Block 7, Burlington Heights Division No. 2. It was noted that a report of the Valuation Engineer had been prepared recommending denial and an addendum to the report has been prepared recommending certain terms and conditions should the Council grant the petition. A letter of Raymond Colosimo was noted in opposition to the petition. No one appeared. Councilman Maddox moved approval of the petition. Adopted. Yeas - 5 Nays - 0 C.F. No. 273982. FINAL ADOPTION. ORD. NO. 16614. An ordinance amending Chapter 5.04 of the Administrative Code and clarifying the role of the City Treasurer as treasurer for the St. Paul Police Relief Association. Adopted. Yeas - 5 Nays - 0 Councilman Levine requested that item 23 on the agenda be considered at this time and there was no objection. Resolution approving an amendment to the By -Laws of the St. Paul Fire Department Relief Association by increasing the maximum death benefit. Andrew Margl of the Fire Department Relief Association said there is no tax money involved in this proposal. Councilwoman Hunt asked that the matter be laid over for a response from the administration and she moved that the resolution be laid over for one week and that the administration be asked to respond. (Discussion continued to the following page). 57883.1j \ November 27th, 1979. (Discussion continued from the previous page). It was noted that there is some urgency in adopting the resolution and it was agreed that the matter should be laid over until later in the meeting and Mr. Margl would contact the Mayor's Office pertaining to the matter. (See adoption of resolution at the end of the meeting). C.F. No. 274010. THIRD READING. An ordinance fixing a 6% interest rate to be charged for the special assessments levied by Resolutions No. C.F. 273914, 273915 and 273916 upon improvements in Springside Drive, Lenox Avenue, Wildview Avenue, Allston Street and Winthrop Avenue. Laid over to December 4th for Final Adoption. C.F. No. 274024. SECOND READING. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and deleting Acker Street from Jackson St. to Mississippi St.. Laid over to November 29th for Third Reading. C.F. No. 274025. SECOND READING. An ordinance granting the HRA permission to construct and maintain and operate pedestrian overhead bridges over E. Sixth St. and Minnesota St. to connect the Radisson Hotel/Town Square with the Northwestern National Bank and Bremer Building respectively. Laid over to November 29th for Third Reading. C.F. No. 274026. SECOND READING. An ordinance amending Section 15.03 of the Administrative Code pertaining to the time of Wednesday Council Meetings. Laid over to November 29th for Third Reading._ C.F. No. 274043. FIRST READING. An ordinance amending Ordinance No. 16538 designating the St. Paul Public Library / James J. Hill Reference Library as a Heritage Preservation Site. Laid over to December 4th for Second Reading_._ C.F. No. 274044. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northeast corner of Bradford and Ellis, aka Lots 9 and 10, Block 82, St. Anthony Park. Laid over to December 4th for Second Reading. C.F. No. 274045. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located in the southeast corner of Dale and Ashland, aka Lots 9 thru 11, Block 16, Woodland Park Addition. Laid over to December 4th for Second Reading. C.F. No. 274046. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northwest corner of Christie Place and Kennard and vacated Funk St., aka Lots 1, 2, and 27;thru 30 inclusive, Block 3, Kerwin's OutlotS. Laid over to December 4th for Second Reading._ Councilman Levine asked that the Council consider a resolution not on the agenda in opposition to legislation that would reduce the established levels or alter the timetable for compliance of noise emission levels for airline aircraft and he moved that the rules be suspended to consider a resolution not on the agenda. Adopted. Yeas - 5 Nays - 0 C.F. No. 274047. Resolution encouraging the defeat of any legislation that would reduce the table for compliance of noise emission established levels or alter the time levels for airline aircraft: Councilman Levine said there is a delegation leaving tonight on this matter and he is speaking before a group concerning this matter and Northwest Airlines is the only airline in support of the noise standards. Roll call on the resolution. Adopted. Yeas - 5 Nays - 0 C.F. No. 274048. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the southeast corner of Raymond Avenue and Territorial Road, aka Lots 1 and 2 and part of Lot 3, Hoard's Subdivision. Laid over to December 4th for Second Reading._ 57884 November 27th, 1979. Claim of Denise G., -Blackwell, 1621 Juliet Avenue, St. Paul, Minnesota, filed on November 21, 1979, was read. Referred to the City Attorney's office. egle, 1585 Blair Avenue, St. Paul, Minnesota, filed Claim of Dr. George P. Na on November 19, 1979, was read. Referred to the City Attorney's office. Claim of HaNovember Paulson by Attorney John Burke, Jr., ovember 16, 1979, was Northwestern National Bank Bldg., St. Paul, Minnesota, filed on read. Referred to the City Attorney's Office. Minnesota, Claim of Seeferts Hudson Road Nursery, 9105 Hudson Road., St. Paul, filed on November 19, 1979, was read. Referred to the City Attorney's Office. Claim of Deborah Smith by Attorney M. A. Perelstein, 2901 Metro Drive, X206, Minneapolis, Minnesota, filed on November 21, 1979, was read. Referred to the City Attorney's Office. filed on e 601 Dayton Avenue, St. Paul, Minnesota, Claim of Eugene J. War, November 21, 1979, was read. Referred to the City Attorney's Office. C.F. No. 273915, assessment ratified by C.F. No. 273914, for property in Burlington Heights Division and C.E. No. Appeal to No. 1 and Notice of Appeal to an filed by Leonard and Diana Makens. Referred to the City Attorney. C.F. No. 274049. the title of Of Resolution approving terms and conditions 9holding Memorandum f Understanding applying to Unclassified Employeesnemployment for the \ Assistant Fire Chief. (Second Reading and Adoption; 0 thru December 31, 1982) period January 19 198 Yeas - 5 Nays - 0 Adopted. roving terms and conditions of a 1980-1981-1982 Agreement between C.F. No. 274050. Second Resolution app ervisory Group. the City of St. Paul and the ent forlt elperiodpJanuary 1, 1980 thru Reading and Adoption; employment December 31, 1982) Nays - 0 Adopted. Yeas - 5 Adop Bargaining Agreement Resolution authorizing an Amendment to the 1979 Collective Bargme cil. (Deletes the Military Leave Clause; between the City and the Tri-Coun First Reading)- ober 4th for Second Readin and Ado tion. Laid ver to Decem or C.F. No. 274051. tion setting the p olic that the City Attorney, rather than private ResoluY and its employees and officers in special counsel, shall represent the City that the 's fees for any person, group or officer or employee all cases possible except under certain circumstances and providing City will not pay attorney except under certain circumstances. esult of her motion subsequent d this resolution is a r Councilwoman Hunt said a discussion on the to the payment of Mr. Carchedi's attorneys fees and after need for a city policy. Roll call on the resolutions - 5 Nays - 0 Adopted. C.F. No. 274052. roving the concept of the 911 Emergency Telephone Services System Resolution app final approval until an accurate determination can be program and reserving the City. made as to actual costs Yea a incurred by Nays - 0 Adopted. the apply for Lawcon grant funds to permit C.E. Na. olutiMayor to 3. Resolution authorizing Field for recreation and open space. the development of Dunning Field - 5 Nays - 0 Adopted. 57885 \ November 27th, 1979. C.F. No. 274054. Resolution amending the 1979 Budget by transferring $25,000 from Contingent Reserve -Specified to Public Improvement Aid for the Gabriel Street sewer project. (Recommended for approval by the Finance Committee) Adopted. Yeas - 5 Nays - 0 C.F. No. 274055. Resolution approving amendments to the Community Development Block Grant Year V Program as it relates to Property Management, Property Maintenance and Property Disposition -Contract Services. (Recommended for approval by the Finance Committee). Adopted. Yeas - 5 Nays - 0 C.F. No. 274056. Resolution approving the issuance of $3,000,000 Port Authority Revenue Bonds to Weyerhaeuser Co. for rehabilitation of facilities at 700 Emerald St. Adopted. Yeas - 5 Nays - 0 C.F. No. 274057. Resolution approving the issuance of $920,000 Port Authority Revenue Bonds to Kaplan Paper Box Co. to finance construction of an addition to their building in Riverview Industrial Park. Adopted. Yeas - 5 Nays - 0 C.F. No. 274058. Resolution authorizing payment to Citibank of New York on lost interest coupons, City of St. Paul General Improvement Bonds. Adopted. Yeas - 5 Nays - 0 C.F. No. 274059. Resolution approving payment of $1,300.00 from the Tort Liability Fund to Richard Hetchler in settlement of his claim. Adopted. Yeas - 5 Nays - 0 C.F. No. 274060. Resolution authorizing payment of $208.24 to State Farm Insurance Co. and Jeannie Hogan from the Tort Liability Fund in settlement of their claims. \ Adopted. Yeas - 5 Nays - 0 C.E. No. 274061. Resolution granting Bingo Game Licenses to St. Paul Council 397, Knights of Columbus, Guadalupe Mexican Education Society and St. George Church Council. Adopted. Yeas - 5 Nays - 0 C.F. No. 274062. Resolution granting Bingo Game License to St. Peter Claver's Social Club. Adopted. Yeas - 5 Nays - 0 C.F. No. 274063. Resolution granting transfer of Off Sale Liquor License, Original Container and Cigarette Licenses from M.G.M. Liquor Warehouse of Payne Avenue, Inc. at 1055 Payne Avenue to M.G.M. Liquor Warehouse of Payne Avenue, Inc. at the northwest corner of White Bear Avenue and Suburban Avenue. Adopted. Yeas - 5 Nays - 0 C.E. No. 274064. Resolution granting Transfer of Off Sale Liquor License, Original Container and Cigarette Licenses from Southtown Liquor, Inc. at 402 Capitol Skyway Bldg. to A.B.C. Liquor Warehouse, Inc. at 1055 Payne Avenue. Adopted. Yeas - 5 Nays - 0 C.F. No. 274065. Resolution granting Bingo Game Licenses to Nativity Church Men's Club and Blessed Sacrament Home and School Assn. Adopted. Yeas - 5 Nays - 0 C.F. No. 274066. Resolution granting Building Contractor's Licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 274067. Resolution granting Building Contractor's Licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 57886 November 27th, 1979. C.F. No. 274068. Resolution granting Christmas Tree Licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 C.F. No. 274069. Resolution granting various licenses to persNaysons as as listed. O Adopted. Yeas - 5 C.F. No. 274070. Resolution granting various licenses to persons as listed. Adopted. Yeas - 5 Nays - 0 President Showalter said she received a call yesterday from Odell Johnson asking to speak before the City Council concerning the housinhearingg rimination ordinance and she said she told him it would not be a public both sides have not been notified. Mr. Johnson appeared and expressed concern about the vote taken after the public hearing and said he feels an explanation is warranted. He said an explanation has been received from Councilwoman Hunt and Councilman McMahon and he feels other Councilpersons should give an explanation of their vote. He said he also feels the proposed McMahon resolution is a public record and he expressed concerns that the resolution should not override the ordinance and he said Councilman McMahon has assured h him theaordinancet the ordinance is not dead. He said he is requesting a guarantee be shelved until after all studies are made and he feels they cannot wait for studies without an ordinance. C.F. No. 274071. Resolution approving an amendment to the By -Laws of the St. Paul Eire Department Relief Associationby increasing the maximum death benefit. Mr. Wellington of the Mayor's Office said he has discussed this resolution with a representative of the Fire Relief Association and with Mr. Norstrem of the Finance Department and has been assured that the proposal will not cost the city anything. He said he has also requested that in the future a more formal review process be used. Roll call on the resolution. Nays - 0 Adopted. Yeas - 5 Councilwoman Hunt moved Ythat eas the he meeting be adjoNaysurneed. Adopted. ADJOURNED AT 10.40A.M. Council President. ATTEST: City C rk. Copies sent to Councilmen Minutes approved b Council p Y ---- 57887. MINUTES OF THE COUNCIL 9:00 A. -M. Novmeber 28th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE Rose Mix, City Clerk The meeting was called to order by President Showalter at 9:10 A.M. Present - Councilwoman Hunt, Councilmen Levine, McMahon, President Showalter ... 4 Absent -Councilmen Hozza, Maddox, Tedesco at (It was noted that Councilman Maddox was l at a Civic Center Meeting and would arrive later.) Minnesota, 408 Main Street, 51 periods. (victor J. Bingo Application - Sokols, Hubal, President, and Marilyn J. Lynch, Manager, notified to attend.) The following resolution was submitted. C.F. No. 274072. Resolution granting Bingo, Game License to Sokols, Minnesota at 408 Main Street. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Application by Leo H. Gadbois, On Sale Liquor Licensee at 96 N. Dale Street, doing business as Sweeney's General Store and Saloon , to increase the area for the service of liquor with the addition of the patio area immediately east of the building. (Leo H. Gadbois notified to attend.) The following resolution was submitted. C.F. No. 274073. in the area for the service of liquor for Leo H. Gadbois, Resolution approving change holder f On Sale Liquor Li addingtancense 6outside patio North Dale tarea east gofuthe ebuilding eat General Sweeney 96 North Dale Street. Councilman Levine moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Application for the transfer of the On SaleLiquor Licensersity issuedttoOtConnelhes rs Lounge,Inc. (Estate of Eugene Schultz) at 351 Lost and Found Bar, Inc. at the same address. (Lawrence L. O'Connell notified to attend.) The following resolution was submitted. C.F. No. 274074. Resolution granting tranfer of On Sale Liquor Sunay from Gopher Sale L Cigarette LcenLounge, Restaurant, Tavern, Off Sale Malt Beverage and Cig Inc. at 351-3 University Ave.to the Lost and Found, Inc. at the rovedaddress. since the City Mr. Carchedi noted that this is the first multiple ownership app ordinance was amended. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 4 Nays - 0 Councilwoman Hunt moved that the meeting be adjourned. Adopted. Yeas - 4 Nays - 0 A D J 4 ;e IT JI E D AT 9:15 A.M. ATTEST: 2; City lerk. G Copies sent to Councilmen l Minutes approved by CounciV�3/ 7 J 57888. MINUTES OF THE COUNCIL 10:00 A.M. November 29th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hunt,.Levine, Maddox, McMahon, President Showalter ... 5 Absent - Councilmen Hozza and Tedesco...2 Hearing and Resolution to consider the advisability and necessity of ordering the correction or wrecking and removal of a building at 585 Van Buren. Mr. Strohkirch of the Housing Code Division said they brought this matter to the City Council at the request of District 7 and because several complaints have been received from neighbors in the area. He said the building is boarded and could be rehabilitated. Ron Peltier said he intends to rehabilitate the building and he said it has been gutted inside and he could have it done by May. After some discussion Councilman Levine moved that the hearing be continued for four weeks to December 27, 1979. Adopted. Yeas - 5 Nays - 0 Hearing and Resolution to consider the advisability and necessity of ordering the correction or wrecking and removal of a structure (garage only) at 619 Mendota. Mr. Strohkirch of the Housing Code Division said since the matter was placed on the agenda the owners have removed the garage and Councilman Maddox moved that the matter be withdrawn from Council consideration. Adopted. Yeas - 5 Nays - 0 Resolution ordering the correction or wrecking of a structure at 453-455 E. Page. (Laid over from November 15th, 1979) Mr. Strohkirch of the Housing Code Division noted that the matter was laid \ over from November 15th and he has not been contacted by the new owner. David Benshoff said he is in the process of purchasing the building and intends fo rehabilitate it and he will board it up more securely after he completes the purchase and he intends to commence work in spring. Councilman Levine stressed that the building should be secured properly and Councilwoman Hunt moved that the matter be withdrawn from Council consideration. Adopted. Yeas - 5 Nays - 0 Councilman Maddox moved that the rules be suspended to consider matters not on the agenda. Adopted. Yeas - 5 Nays - 0 Mr. McNellis of the Planning and Economic Development Department referred to a new law in the State of New York affecting real estate bonds and said as a result of this legislation an affidavit is required and he circulated his affidavit and urged that Councilmen read the affidavit and if they have concerns to notify him. Councilwoman Hunt suggested that Councilpersons read the affidavit and if they have a problem to report to Mr. McNellis by noon today. C.F. No. 274075. Resolution concurring in the appointment by Councilwoman Joanne Showalter of Jeanette M. McGinley as her Legislative Aide. Adopted. Yeas - 5 Nays - 0 C.E. No. 274024. THIRD READING. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and deleting Acker Street from Jackson St. to Mississippi St. Laid over to December 11th for Final Adoption. 57889 \.-November 29th, 1979. � C.F. No. 274025., THIRD READING. An ordinance granting the HRA permission to construct and maintain and operate pedestrian overhead bridges over E. Sixth St. and Minnesota St. to connect the Radisson Hotel/Town Swuare with the Northwestern National Bantu and Bremer Building respectively. Laid over to December 11th, 1979 for Final Adoption. C.F. No. 274033. THIRD READING. An ordinance amending Section 15.03 of the Administrative Code pertaining to the time of Wednesday Council Meetings. Laid over to December 11th for Final Adoption. Claim of William R. Hilgedick, 1735 W. Skillman, St. Paul, Minnesota, filed on November 26, 1979, was read. Referred to the City Attorney's Office. Claim of Loni Marie Houle, 279 Banfil, St. Paul, Minnesota, filed on November 26, 1979, was read. Referred to the City Attorney's Office. Claim of Daniel Haselman by Attorney Jerrold M. Hartke, 450 Southview Blvd., Suite 1009 So. St. Paul, Minnesota, filed on November 23, 1979, was read. Referred to the City Attorney's Office. Claim of Anthony T. Kotefka, 703 Virginia St., St. Paul, Minnesota, filed on November 23, 1979, was read. Referred to the City Attorney's Office. Claim of Richard A. Larson, 1840 Palace Avenue, St. Paul, Minnesota, filed on November 26, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of William McMahon and James McMahon versus the City of St. Paul and others. Referred to the City Attorney. Notice of Appeal filed by Joan Nelson to an assessment ratified by C.E. No. 273914, C.F. No. 273915 and C.F. No. 273916 for property in Burlington Heights Division No. 1. \ Filed. Letter of Pete and Judy Regnier requesting immediate implementation of the City Council directive for the localization of Jefferson Avenue. Referred to the Public Works Committee. Letter of the Valuation Engineer recommending a public hearing date for January 8th, 1980 in the petition of Felix Diaz and Michael Eldridge for the vacation of part of Riverview Avenue. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 5 Letter of the Valuation Engineer recommending a public hearing date of January 15th, 1980 in the petition of William and Bonnie Leonard for the vacation of part of Hillwood Drive and a part of Hillwood Court. Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 5 Nays - 0 Letter of the Director of Finance and Management Services reporting the petition of rezone Lots 11 through 14, Block 1, Como Park Second Addition is sufficient. g Commission for recommendation. Referred to the Plannin Administrative Orders D-5122 through D-5138 as on file in the City Clerk's Office were noted. C.F. No. 274076. and Resolution approving the City of St. Paul Application for abatement#96485.a cancellation of taxes and assessments as described in Application Adopted. Yeas - 5 Resolution approving terms and conditions of the Memorandum of Agreement between the City and Teamsters Union Local 120 regarding establishing a city- wide Master Seniority List for truck drivers. (Employmegt for the period December 1, 1979 through November 30, 980; First Laid over to December 11th for Second Reading and Adoption. \ \ November 29th, 1979. 57890. Resolution approving terms and conditions of a 1980-1981 Memorandum of Understanding applying to certain Civic Center Employees holding certain Classified titles. (Employment for the period 1980 and 1981; First Reading. Laid over to December llthi; 1979 for Second Reading and Adoption. Resolution approving terms and conditions of 1980-1981 Agreements between the City of St. Paul and ISD #625 and the International Union of Operating Engineers, Locals 36 and 967. (Employment for the period January 1, 1980 to December 31, 1981; First Reading.) Laid over to December 11th for Second Reading and Adoption. Resolution approving the terms and conditions of the 1980-1981-1982 Agreement between the City of St. Paul, ISD #625 and the Minnesota Teamsters Public and Law Enforcement Enployees Union Local 320. (Employment for the period January 1, 1980 through December 31, 1982; First Reading) Laid over to December 11th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Supervisor of School Maintenance from Section 3.K (Professional/Administrative Supervisors) AND substituting Building Maintenance Coordinator in Grade 20 AND amending Section 32 of the rules by striking the specifications for the title Supervisor of School Maintenance and inserting the specifications for the title Building Maintenance Coordinator:. (First Reading) Laid over to December 11th for Second Reading and Adoption. Mr. Al Podgorski referred to the taking of his home and business in the Thomas Dale Area and to replacement housing he purchased and he complained about a considerable amount of work and expense needed in order to comply with the Truth in Sale of Housing Ordinance. Resolution amending Section 28.B Subsection 2, of the Civil Service Rules with regard to salary at time of appointment for Accounting positions. (First Reading) Laid over to December 11th for Second Reading and Adoption._ Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 5 Nays - 0 ADJOURNED AT 10:35 A.M. Council President. ATTEST: I City C�k. Copies sent to Councilmen Minutes approved by Council 57891/ MINUTES OF THE COUNCIL 10:00 A.M. 00 1 December 4th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilwoman Hunt, Councilmen Hozza, Levine, Maddox, McMahon, Tedesco, President Showalter...7 Absent - None. Hearing was held on the petition of Laurence O'Connell to rezone property at 497-499 Mackubin, aka part of Block 1, Michel's Subdivision of Block 14 of Stinson's Division. Ms. McNeally of the Planning Staff reviewed the staff report and Planning Commission recommendation and referred to the approval of two appeals for this property which are contingent on the rezoning. No one appeared in opposition. Councilman Hozza moved approval of the petition subject to conditions..as outlined in the Planning Staff report. Adopted. Yeas - 7 Nays - 0 C.F. No. 274010. FINAL ADOPTION. ORD.NO. 16615. An ordinance fixing a 6% interest rate to be charged for the special assessments levied by Resolutions No. C.F. No. 273914, 273915 and 273916 upon improvements in Springside Drive, Lenox Avenue, Wildview Avenue, Allston Street and Winthrop Avenue. Adopted. Yeas - 7 Nays - 0 C.F. No. 274043. SECOND READING. An ordinance amending Ordinance No. 16538 designating the St. Paul Public Library/James J. Hill Reference Library as a Heritage Preservation Site. Laid over to December 11th, 1979 for Third Reading. C.F. No. 274044. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northeast corner of Bradford and Ellis, aka Lots 9 and 10, Block 82, St. Anthony Park. Laid over to December 11th, 1979 for Third Reading. C.F. No. 274045. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property_ located in the southeast corner of Dale and Ashland aka Lots 9thru 11, Block 16, Woodland Park Addition. Laid over to December 11th, 1979 for Third Reading. C.F. No. 274046. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northwest -corner of Christie Place and Kenr_zrd and vacated Funk St., aka Lots 1, 2 and 27 thru 30 inclusive, Block 3, Kerwin's OUtlots. Laid over to December 11th, 1979 for Third Reading. C.F. No. 274048. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the southeast corner of Raymond Ave. and Territorial Road, aka Lots 1 and 2 and part of Lot 3, Hoard's Subdivision. Laid over to December 11th, 1979 for Third Reading. C.F. No. 274077. FIRST READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the north side of Grand Ave. between St. Albans and Dale, Lot 21, Block 1, Summit Park Addition. Laid over to December 11th, 1979 for Second Reading. SECOND READING. C.F. No. 273840. nding Section 74.02 (B) of the Legislative Code and .prohibiting An ordinance ame or household discrimination in housing against families s with children. (Council previon"siy to deny the sitting as Legislation Committee of the Whole had 'voted ordinance.) Councilman Maddox withdrew the ordinance and asked that the concept be referred to the Housing Task Force. tter doesn't need formal referral and she moved that Councilwoman Hunt said this ma the ordinance be tabled.said a At the question of Councilman Hozza, Mr. Martin, Assistant City Attorney, n to table. motion to withdraw takes precedent over mtheoTask Force is to deal with housing Councilwoman Hunt said the charge given t problems and the motion is not required and she also urged that she be given a definition of the word "concept". Councilman Maddox expressed concern that the Committee discuss discrimination an housing. Councilwoman Hunt said there is a difference of opinion and she thinks the Committee has a broad charge to deal with housing matters. President Showalter said the ordinance has been withdrawn and the Council is only dealing with the matter of referring the concept to Committee. Councilwoman Hunt said she is concerned about how the Committee will interpret the action of the Council and Councilman Maddox said thatit is clear that in Committee the ordinance failed by a vote of 5 in favor and 2 against. Roll call on the motion to refer the 7concept Nto the OHousing Task Force. Adopted. Councilwoman on taxicab Hunt moved onthat the rule3 in suspended tmatterlder and t dconsider na resolution matters, not on the agenda. Adopted. Yeas - 7 Nays - 0 a report from the Assistant City Attorney concerning the Councilwoman Hunt asked for Yellow Cab matter. said at the request of Councilwoman Hunt Mr. Terrance Garvey, Assistant City Attorney, \ the License Inspector's staff, last Friday, went to 400 Selby to determine if license different serial numbers and it was determined that two plates had been switched to vehicles serial number. license plates didn't correspond to the di Councilwoman Hunt said she didn't intend that the matte would bepublicshearinga P tting hearing today except to ask that the City roceed and Mr. Martin of the City Attorney's Councilman Maddox asked for the correct way to p staff said the correct procedure would be to set a public hearing and give proper notice to the licensee. Councilman McMahon moved t that the matter eribe referred t theis License Committee an Councilman Hozza suggested uickl as possible and Councilman Maddox said that the matter should"be handled as q Y Mr. Miley, attorney for the licensee, said he agrees that the matter should be handled as soon as possible and he will waive notice and handle the omatter ible anday Councilman Levine said the matter should be cleared up as soon as p re should be a court reporter present with Councilman Hozza said he agrees but the witnesses sworn in. ted that the matter be continued to the end of today's meeting Councilman Tedesco sugges and Councilman McMahon withdrew his motion. Councilwoman Hunt expressed concern about looking into the entire taxicab matter and said we should not consider just one recent event. Councilman Hozza said he agrees u ndothe iscope inof the inghYellow Cabearing uld not be limited and the incident yesterday is j /the question of There was considerable discussion on setting a totwaivee of hnoti.ce concerning the one Councilman Hozza, Mr. Miley said he is willing item mentioned yesterday but if there are other items considered he wants to know the charges before waiving notice. Councilman Maddox suggested that the Council consider the allegation madeave theyCity esterday and Councilman Hozza said he thinks the proper way to proceed is Attorney and License Inspector send proper notice and setting a hearing in about two weeks. Councilman Maddox said he hopes all allegations are referred to the City Attorney for preparation of a public hearing.Cab Company asking Councilwoman Hunt referred to an August 20th .letter sent:to Yellow for a progress report. (Discussion continued to the following page.) 57893. December 4th, 1979. (Discussion continued from the previous page.) Councilman Tedesco suggested that a date be set and discussion be curtailed and Councilman Levine said allegations were made and a response should be made before setting a hearing. At the question of Councilwoman Showalter, Mr. Martin of the City Attorney's staff suggested that specific allegations be given to the licensee with proper notice of hearing. Mr. Miley said he is aware of the rights of his client and will waive notice and due process requirements. There was again some discussion in an attempt to set a date of hearing after which Councilman Hozza moved that a date of hearing be set after a discussion between the License Inspector and the attorneys involved and with proper notification to the licensee. Yeas = 7 Nays - 0 Adopted. Councilman Levine referred to an agreement involving Gopher Elks and the construction of a new building and he said that he has been informed that the general contractor is not in compliance regarding minority participation. He also said the general contractor is different then the information received by the HRA Board and the Council should know whether they intend to comply. Doug Ford of the PED Staff referred to the requirements to contractors to file affirmative action plans and said notice has been given and a ten day period to file a plan will end Friday and if no plan is submitted the HRA Board can take action. At the question of Councilman Levine, Mr. Ford said the HRA has not required approval of contractors and the developer has the right to use the contractor they want. Councilman Levine asked Mr.. Lewis about review of affirmative action plans to avoid problems in the future and Mr. Lewis said in order to shut down a contract 'they must find them in violation of an ordinance and he will run an evaluation of the firm in- volved. Councilman asked for a report at the conclusion of the ten day period. C.F. No. 274078. Resolution concurring in appointments to serve on the CAB/CJCC (Corrections Advisory Board/Criminal Justice Coordinating Council). Adopted. Yeas - 7 Nays - 0 Claim of Frances Hatfield by Attorney Steven Berndt, 2300 Central Ave., N.E. Minneapolis, Minnesota, 55418, filed on November 28th, 1979, was read. Referred to the City Attorney. Claim of Delvina Marsh, 1216 Ashland Ave., St. Paul, Minnesota, 55104, filed on November 30, 1979, was read. Referred to the City Attorney. Claim of Jean Wright by Attorney Robert P. Tolaas, 9th wasoreaderce Building, St. Paul, Minnesota, 55101, filed on November -28th, 1979, Referred to the City Attorney. Summons and Complaint in the matter of Margaret and Daniel Donovan vs. the Cit of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of Mark Kubes vs. the Cit of St. Paul. Referred to the City Attorney. Letter of the Valuation Engineer recommending a public hearing for Jan. 3, 1980 for the vacation of portions of Seventh Place and Cedar St. Councilman Hozza moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 Summons and Complaint in the matter of Mildred Walsh vs. the City of St. Paul. Referred to the City Attorney. Report of the State Auditor on the financial affairs of the City. -of St. Paul Fire Department Relief Association for the year ended December 31, 1978. Filed. Letter of R. Scott Davies, Attorney for the Jasaka Company requesting a public hearing to consider a vacation of portions of Arundel and Orange Streets as originally submitted on February 1, 1978. , Councilman Hozza moved that a hearing date be set for January 8th, 1980. Adopted. Yeas - 7 Nays - 0 Petition to rezone Lots'7 through 12, Block 69 Lorena Park. Referred to the Finance Dept. for check as to sufficiency. a public hearing date for January 8th, Letter of the Valuation Engineer recommending 1980, in the petition of Felix Diaz and Michael Eldridge for the vacation of part of Riverview Avenue. royal of the recommendation. Councilman McMahon moved aPP Yeas - 7 Nays - 0 Adopted. , D-5141, D-5142, as on file in the Office o Administrative Orders D-5139, D-5140 the City Clerk, were noted. an Amendment to the 1979 Collective Bargaining Agreement between C.F. No. 274079. Leave Clause; Second Reading Resolution authorizing the City and the Tri -Council. (Deletes the Military and Adoption.) yeas - 7 Nays - 0 Adopted. C.F. No. 274080.Bingo Game License to Greater East Side Community Council District Resolution granting #2/Sunrise. yeas - 7 Nays - 0 Adopted. C.F. No. 274081. tin the plan for District A.Resolution adopting Yeas - 7 Nays - 0 Adopted. Resolution adopting Rules and Regulations governing the appointment of Judges o -Laid over to December 11th for Election in the City l St. Paul. (First Reading Second Reading.) C.F. No. 274082• Sunday On Sale Liquor License renewals to Dacotah Corp. and Resolution granting AND granting new Sunday On Sale Liquor License to G & T, Garcia's Restaurant, Inc. Inc. at 738 University Ave. Yeas - 7 Nays - 0 Adopted. Inc. dba Resolution granting Drive C.F. No. 274083. -In RestauraAve. cense to C & C investments, Wendy's Restaurant at 612 Univeasity7 Nays - 0 Adopted. C.F. No. 274084.Restaurant License to McDonald's at 1841 Suburban Ave. Drive -In Resolution granting yeas - 7 Nays - 0 Adopted. Resolution granting General Repair Garage License to Snelling Auto Repair, Inc. at 97 N. Snelling Ave. proper notification to the neighborhood Councilman McMahoon December tl2thswith tpr Pe referred back to the License Committee to be considered contacts. yeas - 7 Nays - 0 Adopted. C.F. No. 274085. e License and other licenses Resolution granting transfer of Off Sale Malt Bever from Marvin Edelstein at 178 Yeas rd7St. to Ken n johOson at the same address. Adopted. C.F. No. 274086.a License of Edwin Huke at Resolution granting transfer of General Repair Garage 183 W. Sixth St. to 313 Front Ave.Yeas - 7 Nays - 0 Adopted. C.F. No. 274087• sfer of Off Sale Malt Beverage and other licenses from Resolution granting tran Li'l General Stores, Inc. at 532 White Bear Ave. to Tom Thumb Food Markets at the same address. yeas - 7 Nays - 0 Adopted. C.F. No. 274088. Resolution granting transfer of Catering License of Robert G. Hansen at 366 Wacouta St. to 333 Sibley St. Adopted. Yeas - 7 Nays - 0 C.F. No. 274089. Resolution granting various licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 274090. Resolution granting various licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 274091. Resolutim approving the sale of 759 E. Cook Ave., 401 Annapolis St. and 1037 Dayton as tax forfeited property. Adopted. Yeas - 7 Nays - 0 C.F. No. 274092. Resolution approving payment of $509.56 to Mary Herbst, $66.74 to William Halgren and $22.00 to John Joyce out of the Tort Liability Fund in settlement of their respective claims. Adopted. Yeas - 7 Nays - 0 C.F. No. 274093. Resolution amending the legal description contained in C.F. No. 274006 being a resolution granting the petition of Edward Wam,et al, for the vacation of parts of alleys in the block bounded by Maryland Ave.. West, Como Blvd., Avon Street and Rose Avenue. Adopted. Yeas - 7 Nays - 0 C.F. No. 274094. Resolution appointing Greg Haley to the St. Paul Heritage Preservation Commission to.fill the unexpired term of Gene Rosenblum. Councilman Levine said it is unfortunate that Mr. Rosehblum cannot continue and he did an excellent job and performed well and recently he wrote an article about the history of St. Paul. He said he would like to complement and thank him for his work on the committee. Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 Councilman Maddox said he has been receiving many calls on the NIS program and he suggested a briefing on the program. President Showalter said the matter can be put on the agenda and Councilman Maddox suggested that districts be notified so that they can hear the same presentation. Councilman Hozza referred to an article on the subj.ect in the most recent National Cities Magazine and suggested this be read prior to the matter being put on the agenda for discussion. President Showalter said she will check with the proper people and the matter could be put on next Tuesday's agenda. Councilwoman Hunt referred to previous action taken concerning the ordinance prohibiting discrimination in housing to families with children and said she would like clarification of the term "concept" and she said the task force will discuss the issue of housing for families and children but not as a discrimination issue. Councilman Hozza said he thinks the item is up to the committee and they could discuss the matter if they wish. Councilman Levine said the scope of the issue should be defined for the committee. Councilman McMahon suggested that each Councilman express their feelings to the task force and Councilman Hozza suggested that all persons write a letter to the committee to express their feelings and there was general agreement to the suggestion. Councilman McMahon moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 11:30 P.M. Cl3�GC�rrirt¢� ire .Cow_. Council President. ATTE Copies sent to Councilmen lY--�/-2/ � Minutes approved by Council 5/2 City Cler . 57896. MINUTES OF THE COUNCIL \ 9:00 A.M. December 5th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:15 A.M. Present - Councilmen Levine, Maddox, McMahon, Tedesco, President Showalter...5 Absent - Councilmen Hunt and Hozza...2 (Councilmen Hunt and Hozza arrived at a point during the meeting) Bingo Application - Nels Wold Chapter No. 5, Military Order of the Purple Heart, 51 periods. (Carl Falkowski, Bingo Treasurer, and Joseph Nicosia, Manager, to attend). The following resolution was submitted. C.F. No. 274095. Resolution granting Bingo Game license to Nels Wold Chapter 5Military Order , Y of the Purple Heart. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 Application for On Sale Malt Beverage License by Godfather's Pizza of Minnesota, Inc. at 1490 University Avenue. (Daniel J. Vap, Vice President, notified to attend). The following resolution was submitted. C.F. No. 274096. Resolution granting Restaurant License and On Sale Malt Beverage License to Godfather's Pizza of Minnesota, Inc. at 1490 University Avenue. Councilman McMahon m --nv31 of the resolution. Adopted. Yeas - 5 Nays - 0 Application for the transfer of the On Sale Liquor License esident)Sunday 48nES ES ale Liquor License issued to G.R.M., Inc. (Louis P. Danna, Fourth Street, doing business as Luigi's, to G.R.M., Inc. (Charles W'ThomassE President) at the same address. (Charles W. Erickson, John R. Rupp, Erickson and Steven E. Wirth, notified to attend). Mr. Carchedi said Mr. Danna, Attorney for the applicants, has requested a one week lay over and Councilman Maddox moved that the matter be laid over for one week to December 12th. Adopted. Yeas - 5 Nays - 0 Application for the transfer of the On Sale Malt Beverage and miscellaneous licenses issued to Emil J. Rishavy andEdward F. Bartizal at 1093 W. Seventh Street, doing business as B and R Bar, to Robyn Marshall at the same address. (Robyn Marshall notified to attend). The following resolution was submitted. C.F. No. 274097. Resolution approving transfer of Restaurant, On and Off Sale Malt Beverage and Cigarette licenses from Emil J. Rishavy and Edward F. Bartizal at 1093 W. Seventh Street to Robyn Marshall at the same address doing business as the Old West Saloon. Councilwoman Hunt and Councilman Hozza arrived at this point in the meeting. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Public hearing on the application for an On Sale Wine, On Sale Malt Beverage and Class C2 -Restaurant Licenses by Bear Investment and Leasing, Inc. (Patrick A. Carlone, President) at 361 W. Seventh Street. Mr. Carchedi said the applicationhasbeen reviewed by him and the City Attorney and the recommendation is for app (Discussion continued to the following page). 57897. \ `December 5th, 1979. (Discussion continued from the previous page). Pierre Regnier, Attorney representing'the West Seventh Federation, said this is the third time Mr. Carlone has'requested a license at this address and two previous applications for a liquor license were denied. He said the building is the same, the door is in the same location and the opposition is the same and the people oppose the application because of the many bars already in the area. He said the matter should be denied on the basis of the location to a church and he said the main entrance is a doorway added since the first application and is in an alley way. Mr. Regnier also alleged a falsification of the license application and referred to questions about crime convictions and said the applicants signed in the negative and he referred to an admission of crime by Patrick Carlone and to a disorderly conduct charge to John Carlone and he said the incident of assult on David Thune should be taken into consideration. He said the West Seventh Federation requests denial of the application based on the facts presented. Major Jack Hart, representing the Salvation Army, said the situation has not changed concerning the location and he thinks it is an inappropriate use in relation to the church and.he urged denial of the application. Frank Richards, President of the West Seventh Federation, said their board took action to request denial of the application. He said nothing has changed and the building is still within 3001of the Salvation Army Church and lawsuits by the Carlones against 13 people in the community are still pending. Mr. Sedberg (?), 1333 W. Seventh St. and owner of property at 384 No. Smith, referred to several incidents and said Mr. Carlone has harassed him since he bought the property. Patrick Carlone alleged that remarks by the group in opposition are lies and he said on his first application he stated that he was convicted of a felony but since then has received a full pardon. He said the neighboring property is a single family house with three or four families living in it and he doesn't want this house and the Salvation Army built their church near two other bars and within three hundred feet of his building. He said the West Seventh Federation has publicly slandered him and has circulated lies and he will continue his action in court. He referred to the charge against his son and said he was kicked by Mr. Thune and another person. He said he has spent every dime of their money to upgrade this building and they plan an Italian restaurant and it would be ridiculous not to have wine and beer and he doesn't intend to have a bar. He said the entrance was put in at the request of the Building Department to serve the handicapped and he hasn't done anything illegal and has lived upstairs in the building and will continue to do so. Dwayne Berdell an employee of the law firm representing Mr. Carlone and appearing as a spokesman and not as attorney said Mr. Carlone has a court order stating he does not have to disclose a conviction except in a criminal court. He commented further in support of the application and urged that it be approved. Joe Carruso (?) spoke in support of the Carlone business and expressed the need for unity within the community. He said other bars were there when the Salvation Army moved in and remodeled the theater as a church. Jim Marshall spoke in support of the Carlone application and said they should be given an opportunity in the community. No-one else appeared and Councilman Maddox moved that the public hearing be closed with discussion limited to Councilmembers. Adopted. Yeas - 7 Nays - 0 Councilman Levine asked Mr. Regnier is he was aware of the court order and Mr. Regnier said he took a deposition in fall and the conviction was mentioned but not the pardon. He said the files of the Police Department show a burglary conviction and his statement only pertains to the question on the application. Councilman Levine asked about the distance factor because the Salvation Army has expanded and Mr. Byrne, Assistant City Attorney, said if the main entrance is over three hundred feet away from a church they are not in violation of the law. fortunate situation in the neighborhood Councilwoman Hunt said this is an un and there would be need to outline facts in order to deny the application and she suggested that both parties get together and explore some type of an agreement. Councilman Tedesco referred to a restaurant in another area that he voted against and since then it is one of the finest restaurants in the city. Councilman Levine said he thinks the Federation has worked hard to get stability in the neighborhood and he is concerned that if it is approved the applicants would come in under adverse and hostile conditions. Councilman Maddox expressed agreement to the need for an agreement and moved that the matter be continued for one week to December 12th with instructions that the attorneys for both sides get together and try to work out an agreement. Adopted. Yeas - 7 Nays - 0 57898.`' December 5th, 1979. Public Hearing on the application for a Game Room, Pool Hall and Class D -Original Container Licenses at 1017 Selby Avenue by John S. Johnson. (Recommended for denial by the Division of License and Permit Administration). Mr. Carchedi reported that the applicant had withdrawn his application. The Council at this time recessed to 11:00 A.M. (Recessed at 9:15 A.M.) The meeting was ordered reconvened at 11:25 A.M. by President Showalter. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, President Showalter ... 6 Absent - Councilman Tedesco...I (it was noted that Councilman Tedesco had asked to be excused for another meeting). C.F. No. 274098. Concurring resolution pertaining to the City of St. Paul, Minnesota, acting by and through its Housing and Redevelopment Authority, Residential Rehabilitation Revenue Bonds. Mr. Hart, Staff Attorney, explained the resolution and said it is a concurring resolution giving authority to HRA to issue Below Market Housing and Rehabilitation Revenue Bonds. Adopted. Yeas - 6 Nays - 0 Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 11:30 A.M. Council President. AT C�Cl.rrk/ Copies sent to Councilmen / �".' Minutes approved by Council �/J U J 57899. MINUTES OF THE COUNCIL 10:00 A.M. \ December 6th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA NO MEETING - LACK OF QUORUM. 57900.) MINUTES OF THE COUNCIL 10:00 A.M. December 11th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A_M_ Present Councilmen Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter ... 6 Absent - Councilman Hozza...I (Councilman Hozza arrived at a point during the meeting). C.F. No. 274024. FINAL ADOPTION. ORD. NO. 16616. An ordinance amending Ordinance No. 13537 pertaining to Truck Routes and deleting Acker Street from Jackson St. to Mississippi St. Adopted. Yeas - 6 Nays - 0 C.F. No. 274025. FINAL ADOPTION. ORD. NO. 16617. An ordinance granting the HILA permission to construct and maintain and operate pedestrian overhead bridges over E. Sixth St. and Minnesota St. to connect the Radisson Hotel/Town Square with the Northwestern National Bank and Bremer Building respectively. Adopted. Yeas - 6 Nays - 0 C.F. No. 274033. FINAL ADOPTION. ORD. NO. 16618. An ordinance amending Section 15.03 of the Administrative Code pertaining to the time of Wednesday Council Meetings. Adopted. Yeas - 6 Nays - 0 C.F. No. 274043. THIRD READING. An ordinance amending Ordinance No. 16538 designating the St. Paul Public Library/James J. Hill Reference Library as a Heritage Preservation Site. Laid over to December 18th for Final Adoption. C.F. No. 274044. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northeast corner of Bradford and Ellis, aka Lots 9 and 10, Block 823 St. Anthony Park. Laid over to December 18th for Final Adoption. C.F. No. 274045. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located in the southeast corner of Dale and Ashland, aka Lots 9 thru 11, Block 16, Woodland Park Addition. Laid over to December 18th for Final Adoption. C.F. No. 274046. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northwest corner of Christie Place and Kennard and vacated Funk St., aka Lots 1, 2, and 27 thru 30 inclusive, Block 3, Kerwin's Outlots. Laid over to December 18th for Final Adoption. C.F. No. 274048. THIRD READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the southeast corner of Raymond Avenue and Territorial Rd., aka Lots 1 and 2 and part of Lot 3, Hoard's Sub. Laid over to December 18th for Final ption. Ado C.F. No. 274077. SECOND READING. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the north side of Grand Ave. between St. Albans and Dale, Lot 21, Block 1, Summit Park Addition. Laid over to December 13th for Third Reading_. j 57901. December 11th, 1979. C.F. No. 274099. FIRST READING. An ordinance amending Ordinance No. 13539 pertaining to Parking Meter Zones and deleting parts of Fifth and Auditorium Streets. Laid over to December 18th for Second Reading, C.F. No. 274100. FIRST READING. An ordinance amending Section 382.03(D)(3) of the St. Paul Legislative Code relating to filing of campaign reports. Laid over to December 18th for Second Reading. C.F. No. 274101. FIRST READING. An ordinance amending Section 152.09 of the St. Paul Legislative Code; providing for the initial licensing of vehicles not more than two (2) years old as taxicabs. Laid over to December 18th for Second Reading. C.F. No. 274102. Resolution amending the 1979 Budget by transferring $1,900 from Contingent Reserve -General to West Side Health Center. (Letter of Finance, Management and Personnel Committee recommends approval). Adopted. Yeas - 6 Nays - 0 Claim of Howard A. Cullen, Sr., 1944 Summit Avenue, St. Paul, Minnesota, filed on December 3, 1979, was read. Referred to the City Attorney's Office. Claim of Randy A. Davis, 23555 July Avenue No., Scandia, Minnesota, filed on November 30, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. J. Greene, 1365 Van Buren Avenue, St. Paul, Minnesota, filed on November 30, 1979, was read. Referred to the City Attorney's Office. Claim of Peter Giefer, 1197 Conway St., St. Paul, Minnesota, filed on December 3, 1979, was read. Referred to the City Attorney's Office. Claim of Mrs. Mary Nell Regner, 1535 Maywood St., St. Paul, Minnesota, filed \ on December 3, 1979, was read. Referred to the City Attorney's Office. Claim of Lorraine A. Reitberger, 2016 Clear Avenue, St. Paul, Minnesota, filed on November 30, 1979, was read. Referred to the City Attorney Office. Claim of Miss Berdena Underdahl, 1293 Grand Avenue, Apt. 201, St. Paul, Minnesota, filed on December 4, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of Packaged Furniture and Carpet Co. versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of George and Alice Svendsen versus Melvin Closmore and the City of St. Paul. Referred to the City Attorney. Finance, Management and Personnel letter recommending approval to increase complement of full time employees from 311 to 4 at the zoo. Councilwoman Hunt moved concurrence with the committee recommendation. Adopted. Yeas - 6 Nays - 0 Administrative Orders D-5143 through D-5161 as on file in the City Clerk's Office were noted. C.F. No. 274103. Resolution approving terms and conditions of the Memorandum of Agreement between the City and Teamsters Union Local 120 regarding eestaablishing a the City-wide Master Seniority List for truck drivers. (Employment period December 1, 1979 through November 30, 1980; Second Reading and Adoption) Adopted. Yeas - 6 Nays - 0 C.F. No. 274104. s and .conditions of a 1980-1981 Memorandum of Resolution approving term Civic Center Employees holding certain Understanding applying to certain Classified titles. (Employment for the period 1980 and 1981; Second Reading and Adoption) Yeas - 6 Nays - 0 Adopted. C.F. No. 274105.reements between the Resolution approving terms and conditions of 1980-1981 Ag City of St. Paul and ISD #625 and tinternationor al period Januaryopera1,n1980 Union Of Engineers, Locals 36 and 967. (Employment to December 31, 1981; Second Reading and Adoptionays ) 0 Yeas - Adopted. C.E. No. 274106.reement Resolution approving the terms and conditions of the 1980-1981-1982 Ag between the City of St. Paul, ISD #625 and the Minnesota Teamsters Public and Law Enforcement Employees Union Local 320. (Employment for the period January 1, 1980 through December 31, 1982; Second Reeading and Adoption) Adopted. Yeas - 6 Nays - C.F. No. 274107. Resolution amending the Civil Service Rules by striking the title Supervisor of School Maintenance from Section 3.K (Professional/Administrative Supervisors) AND substituting Building Maintenance Coordinator in Grade 20 AND amending Section 32 of the rules by striking the specifiatons or specifications for title Supervisor of School Maintenance and inserting the title Building Maintenance Coordinator. N(Secondd Reading and Adoption) Adopted. C.F. No. 274108. of the Civil Service Rules Resolution amending Section 28.B Subsection 2, Positions' with regard to salary at time of appointment for Accounting p (Second Reading and Adoption)Yeas - 6 Nays - 0 Adopted. C.F. No. 274109. appointment of Resolution adopting Rules and Regulations governingthe a p Judges of Election in the City 6f St. Paul. N(Secondd Reading and Adoption) \ Adopted. Yeas - Resolution amending the Civil Service Rules by striking the title Maintenance Coordinator from Section 3.J, Grade 16, Professional/Administrative Non - Supervisors group AND substituting the title Maintenance and Capital Improvement Planner in Grade 15 and amending Section 32 of the Rules by striking the specifications for the title Maintenance Coordinator AND inserting the spec- ifications for the title Maintenance and Capital Improvement Planner. (First Reading; Finance Committee recommends approval) Laid over to December 18th for Second Reading and Ado tion. the Civil Service Rules by striking the present Section 17 Resolution amending (Transfers) in its entirety and substituting a new Section 17. (First Reading; Finance Committee recommends approval) Laid over to December 18th for Second Readin and Ado tion. Resolution adding Section 33 to the Civil Service Rules entitled "Employee Referral Procedures". (First Reading; Finance Committee recommends app Laid over to December 18th for Second Reading and Adoption. Resolution amending Section 32 of the Civil Service Rules by striking the specifications for the title Architect I, II and III and Fsu stituting�ing in lieu thereof new specifications for aforementioned titles. Finance Committee recommends approval) Laid over to December 18th for Second Reading and Adoption. C.F. No. 274110.eals and Review Resolution approving the action of the St. PauBoard of (Wallace Johnson, appellant) with regard to property at 731 N. Snelling. Nays - 0 Adopted. Yeas - 6 C.F. No. 274111. Resolution approving the action of the St. Paul Board of Appeals and Review with regard to properties at 390 Thomas Ave. and )13 Wacouta. (Leo Fischer and Custom Properties, Inc. respective appellants) Adopted. Yeas - 6 Nays - 0 57903 � December 11th, 1979. C.F. No. 274112. Resolution authorizing issuance of $6.;290,000 Port Authority Revenue Bonds to finance acquisition of the Gallery Professional Building by v Associates. Yeas - 6 Nays - 0 Adopted. C.F. No. 274113. Resolution approving the issuance of $790,000 Port Authority Revenue Bonds to the Lowry Development Co. Adopted. Yeas - 6 Nays - 0 C.F. No. 274114. Resolution amending the 1979 Budget and transferring $80,000 from Contigent Reserve -Specified to Public Works -Winter Street Maintenance. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 274115. Resolution amending the 1979 Budget and transferring $3,000 from City Attorney Administration - Telephone to Mediation Expense - Attorney's Fees. (Finance Committee recommends approval) 6 Nays - 0 Adopted. Yeas - C.F. No. 274116. Resolution transferring funds from activities as listed to activities as listed in CD Year 1-5, inclusive. (Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 274117. Resolution amending the 1979 Capital Improvement Budget and adding $1,314,00 to the E. Seventh St. UDAG and $1,875,000 to Brown and Bigelow Relocation UDAG. (Monies received from HUD as part of the Urban Development Action Grant Program; Finance Committee recommends approval) Adopted. Yeas - 6 Nays - 0 C.F. No. 274118.\ Resolution supporting the Lexington-Hamline energy project and authorizes city assistance to the Community Council in securing funds for the Project from State and Federal governments and the private sector. Teranferred to 1190 needlandereason for therproposaltfrom the and urged support community port of the resolution. Councilwoman Showalter expressed commendation to the community for the work on this project. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 C.F. No. 274119. Resolution designating polling places as listed outside precinct boundaries an approving expenditures and procedures as listed in connection with the Special Primary Election, December 18, 1979, in connection with the Legislative District No. 66 (Senate) vacancy. Councilman Levine said some polling places were changed a few years ago into elderly and some of the report o voting faciliti.esoandeprogress madehtodicapped accomodatedhe the requested a report on voting handicapped. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 Resolution amending C.F. No. 274001 as to paramedic and ambulance fees and substituting new language for the phrases involving salaries wherever they may appear. Union appeared and requested that the Dennis Kessler of the Fire Fighters U Hunt moved that the resolution be laid matter be continued and Councilwoman over for one week to December 18th. Adopted. Yeas - 6 Nays - 0 C.F. No. 274120. Resolution granting variYeaslic6nses to persNaysons as listed. O Adopted. \ 57904 December 11th, 1979. C.F. No. 274121. Resolution granting various licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.E. No. 274122. Resolution authorizing an application to the State of Minnesota for conveyance of parts of Lots 10, Block 31 and Lots 11 thru 16, Block 31, Auerbach and Hands Addition as tax -forfeited lands. Nays - 0 Adopted. Yeas - 6 C.F. No. 274123. Resolution changing the name from Furness and Curve Streets to Furness Parkway. Adopted. Yeas - 6 Nays - 0 C.F. No. 274124. Resolution approving the preliminary plan of Curtis E. Burckhardt for Planned Development District for property located on south side of Lower Afton Rd. between McKnight and Winthrop. Adopted. Yeas - 6 Nays - 0 C.F. No. 274125. Resolution granting application for On Sale Malt Beverage license to James Mann, dba Hickory Stick at 777 Selby Avenue also On Sale Wine License. Adopted. Yeas - 6 Nays - 0 C.F. No. 274126. Resolution setting date of public hearing for December 27, 1979 for approval of proposed Sewer Service Charges. Adopted. Yeas - 6 Nays - 0 Mr. Albert Brisson appeared and expressed concern about a proposal for Cable TV and referred to groups of people in opposition. Councilman Tedesco said he made a suggestion to investigate the possibility of a partnership proposal involving the City of St. Paul. Councilman Hozza arrived at this point in the meeting. Councilman Levine said the recent trip to other cities was worthwhile and he found that the elderly derive a considerable benefit from Cable TV and he also referred to the possibility of security systems and alarm systems using the TV cable. Councilman Maddox said the Cable TV issue is a very important issue and the Council should look at other cities and should also lay out the ground work on how to proceed. \ Mr. Brisson urged that there be a public hearing on the subject. Councilman Levine suggested that interested people read the citizen report and he said he agrees on the need for a very thorough discussion. Doris Pobaisk, 1946 Beechwood, appeared and filed a petition requesting that the daily barriers on Kenneth St. between Hillcrest and Bohland be removed. She explained that Highland Catholic School blocks the street during recesses and the noon hour and it is very difficult for drivers to get through the area. Councilman Levine recalled a previous meeting on the subject and he said he thinks it is now time to have a meeting and hear from both sides of the issue. Councilman McMahon said he will bring the matter before the Public Works Committee and arrange for a meeting in the neighborhood to consider the facts. The matter was ordered referred to the Public Works Committee. Councilman Hozza asked if the Citizen Report on Cable TV had been referred to a committee and Councilwoman Showalter referred to agreement that the matter would be considered by the City Council. Councilman Maddox said when the report was filed he suggested that it be considered by the Council. Councilwoman Hunt suggested that the matter be put into a committee for discussion in order that all comments on the matter could be heard in committee. Councilman Levine said he thinks it should be a committee of the whole. Councilman Hozza asked who is chairman of the Energy Committee and Ms. Showalter said she is still chairing the committee and prefers not to leave the committee and very soon the committee will meet and consider a timetable concerning Cable TV. 57905. \ December 11th, 1979. Councilman Tedesco moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 11:00 A.M. Council President. ATTEST; City Clerk. Copies sent to Councilmen �/a /17 Minutes approved by Council ,/ A'6) 57906. . MINUTES OF THE COUNCIL 9:00 A.M. December 12th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilwoman Hunt, Councilman Levine, Maddox, McMahon, Tedesco, President Showalter...6 Absent - Councilman Hozza...I (Councilman Hozza arrived at a point during the meeting.) Bingo Application - Women of the Moose, St. Paul Chapter 70, 1795 E. Seventh Street, 26 periods. (Ione Grams, Recorder, and Ellen Mae LaValle, Manager, to attend.) Councilman Tedesco moved approval of the application. Adopted. Yeas - 6 Nays - 0 Application for the transfer of the On Sale Liquor and miscellaneous licenses issued to G.R.M., Inc. (Louis P. Danna, President) at 48 E. Fourth Street, doing business as Luigi's, to G.R.M., Inc. (Charles W. Erickson, President) at the same address. (This matter was previously considered on December 5, 1979.) It was noted that the attorney for the applicant has requested that the matter be laid over for one week and Councilman Maddox moved that the matter be continued for one week to December 19th, 1979. Adopted. Yeas - 6 Nays - 0 Resolution granting General Repair Garage License to Snelling Auto Repair, Inc. at 97 No. Snelling Avenue. Jim Delay of the Information and Complaint Office referred to a file of complaints on this property and said during the last week he observed parking in the front yard which is against the conditions of the Zoning Board. Councilman Hozza arrived at this point in the meeting. He also said he received a complaint about noise and late operation and he said the owner promised to move.the cars but they still haven't been moved as of yesterday. Councilman Levine said we should find out the proposal for the use of the two empty lots owned by the Fire Department. \ Mr. George Jurgenson appeared and expressed concern over this matter and said the applicant uses vacant property that he does not own and also uses the boulevard as a driveway. Councilman Tedesco moved that the application be denied and Councilwoman Hunt urged that the matter be laid over and referred back to the District Council with instructions to meet with the applicant. After further.discussion Councilman Tedesco moved that the matter"be laid over for four weeks to January 2nd, 1980 with proper notification to the applicant. Adopted. Yeas - 7 Nays - 0 Public hearing on the application for an On Sale Wine, On Sale Malt Beverage and Class C2 -Restaurant Licenses at 361 W. Seventh, by Bear Investment and Leasing, Inc. (Patick A. Carlone, President). This matter was previously considered on Dec. 5, 1979.) President Showalter noted that.a letter had been received by the West Seventh Street Federation asking that the matter be tabled until lawsuits are resolved. Mr. Earl Gray, attorney representing the applicant, said they did not hold a meeting because they felt the lawsuit would be brought up as a tool and the lawsuits are not relevant to this matter. He said he thinks the letter of Mr. Regnier asking a settlement of the lawsuits is improper and he urged that the license be acted on today and he said they will respect any conditions the Council puts on the license. He circulated pictures of the building showing improvements that have been made. Councilman Maddox moved that the matter be laid over for two weeks. Councilwoman Hunt asked about direction on what should take place in the next two weeks and Councilman Maddox said it is his intent to have discussion during the interim period. Mr. Gray said he will not negotiate on the lawsuits and the license should be considered today. Roll call on the motion to lay the matter over for two weeks. Yeas - 3 (Councilmen Hozza, Maddox, Tedesco). Nays - 4 (Councilmen Hunt; -Levine, ricT_4ahon,.President Showlater) Motion failed of adoption. (Discussion continued to the following page.) J 57907. December 12th, 1979. (Discussion continued from the previous page.) , _ Councilwoman Hunt said we should discuss what action should be taken and what the role of the City should be in the lawsuits and she asked if Mr. Gray would discuss the matter with Mr. Regnier. Councilman Levine said he thinks the sides are polarized and the lawsuits cause a further breakdown and there should be a public discussion on the matter. Councilman Tedesco said Mr. Regnier told him that he had no success in attempting to meet with Mr. Gray. At the question of Councilwoman Hunt, Mr. Starr said he agrees that the lawsuits should be decided in court and the Council has no proper role in using the lawsuits in connection with granting the. -license. Councilwoman Hunt asked for Mr. Gray's response to Mr. Regnier's letter and Mr. Gray started to proceed with answering some of the conditions requested and said they are willing to put a handicapped only sign on the back door. Russell Brown, attorney representing several individuals in the lawsuits, commented on the inappropriate entrance in the alleyway and said Mr. Regnier has unsuccessfully tried to set up a meeting on the matter. He said he thinks the West Seventh Federation wants to negotiate the matter. Councilman Tedesco said he thinks a two week layover is in order and he thinks some of the items are negotiable and he so moved. Councilman Levine said he has no objection to negotiating as long as it doesn't become a one sided matter. Mr. Gray said he doesn't know who and what to talk about in the next two weeks but he will talk to Mr. Truesdale, representing the Salvation Army, but not the others unless there are specific issues. Roll call on the motion to lay the matter over for two weeks to December 26th, 1979. Adopted. Yeas - 7 Nays - 0 Public hearing on the application for a Dance.Hall and Class_D-Original Container License by Prentiss Hamilton at 908 University Avenue. George Smith, 911 Aurora, read a statement in opposition to the application and referring to many improvements -in the area and he said that he thinks this License would depreciate the improvements that have been made in the neighborhood. He referred to excessive noise less then 100 feet from his home and said there is no parking facility at the hall. He said he believes it will cause an increase in vandalism and crime and he urged the License be denied. Mr. Carchedi said the applicant has met all the requirements and his recommendation is for approval subject to this public hearing. At the question of Councilwoman Hunt, Mr. Carchedi said there is no off street parking in connection with the operation. A representative of the District #8 Planning Council said they have taken action to � support the residents but request the matter be laid over to allow time for the full neighborhood council to meet and consider the matter. Councilman Levine said he doesn't think we need another dance hall in the area and he asked about the basis for denial and Mr. Starr said the Council would have to take testimony and then make a decision. Mr. Latuff said he has been a businessman in the area for 47 years and put up a new building and doesn't think there should be a dance hall without parking. President Showlater asked if anyone wanted to be heard in favor of the application and no one appeared. Councilman Hozza moved that the application be denied on the basis of a previous hearing and on the basis of testimony taken today because of the lack of parking, the adverse relationship to abutting residential property and because of other detrimental and environmental considerations and specifically noise and the littering of trash. Adopted. Yeas - 7 Nays - 0 Public hearing on the application for the transfer of the Off Sale Liquor License issued to MGM Liquor Warehouse; Inc. at 1110 W. Larpenteur Avenue to 1102-4 West Larpenteur Avenue. Don Elvester read and submitted a petition in opposition to the application and referred to various conditions of the previous application and to increased problems and he urged denial of the application. Mr. Carchedi noted that the applicant has met all the requirements and that his recommenda- tion for approval. Mr. Ed Driscoll, attorney representing MGM, said they have spent about $20,000 to address the conditions referred to by Mr. Elvester and he said they plan a new building and propose to tear down the old building. He said the Public Works Dept. won't allow parking signs in the alley and there is no access to the alley generated by MGM and a light in alley was taken down at the request of one of the neighbors. He said if the transfer is approved the building will be moved and will allow additional parking away from the corner and they are not expanding and are proposing a building of similar square footage. He said Mr. Fritz of District 410 has had the plans for a number of months and they have received no complaints or contact until today. (Discussion continued to the following page.) 57908. December 12th9 1979, (Discussion continued from the previous page.) Mrs Elvester said their driveway was replaced by MGM only to replace what his customers had broken. e matter be laid over for two weeks and that Councilman Maddox moved that th Mr. Driscoll be asked to meet with the neighborhood. nnig Mr. Fritz, notchairman of the District plan #10Pla meetingnhasonot1beenaheldid hbetween1the�10 off ce has parties. Roll call on the motion to lay the matter over for two weeks to December 26th, 1979. Adopted. Yeas - 7 Nays - 0 Review of the revised application for On Sale and OffSale Liquorn forLicenses.twoexclusions Councilman Maddox moved approval of the proposed app and he asked that question number 5 pertainingto a registeto the red voter er be deleteders and he asked that a section on the back page pertaining review by the City License Inspector and City Attorney be amended to read "after review in your presence by the License Inspector and City Attorney". At the question of Councilman Hozza, Mr. Garvey said a request has not been made to have these records declared confidential but they could be included in a application to the state. lication would be made f6r confidentiality Councilman Hozza said he hoped such an app point. of these records and he agrees with the motion at this P applicant didn't want Councilwoman Hunt suggested flexible wording in the event an app to be present during review and Councilman Maddox said he has no objection to that suggestion and, -would include it as part of his motion. Roll call on the motion. Yeas - 7 Nays - 0 Adopted. Council Maddox referred to -a letter of the License Inspector to the license holders that accompanies applications and pertaining to what you can do and cannot do with a license and he moved that discussion on this letter be laid over until after he submits an ordinance dealing with the same subject. Adopted. Yeas 7 Nays - 0 Report to City Council on the matter of the public hearing on the application by David Doepner for a Second Hand Dealer General License at 1080 Earl Street. Mr. Carchedi said when this matter was considered the Council asked for a report in 90 days and his office has been making an ongoing visual inspection of the property and there are no appliances on the site, only one police call in the area and apparently the problems have been resolved. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 ADJOURNED AT 10:30 A.M. —?!a Council President. ATTEST: City Cler}c Copies. sent to Councilmen Minutes approved by Council /� r 57909. MINUTES OF THE COUNCIL aw \ 10:00 A.M. December 13th, 1979 COUNCIL CHAFERS - CITY HALL 6 COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hunt, Maddox, McMahon, President Showalter ... 4 - Councilmen Hozza, Levine, Tedesco...3 (Councilmen Levine and Tedesco was noted that Councilman arrived at points during the meeting and it Absent Hozza has requested to be excused because of illness.) Approval of minutes for City Council Meetings of November 13, 15, 20, 219 27, 28 and 29, 1979. roved. Councilman Maddox moved Yeas hat the minutes be Nays - 0 Adopted. Councilman Tedesco arrived at this point in the meeting. encing Request of Champion In Conp19721andon tdescribedcasfportionscofsMyrtle, certain street vacated by the City 1979) Hampden, Wabash and Pillsbury Streets. (Laid over from November 15th, At the recommendation of the Valuation Engineer, Councilman McMahon moved that 9. the hearing be continued for two weeks to December 20 Adopted. Yeas - 5 Councilman Levine arrived at this point in the meeting. THIRD READING- C.F. No. 274077. ter 60 of the Legislative Code and rezoning property y Cha An ordinance amending P located on the north side of Grand Avenue between St. Albans and Dale, Lot 21, Block 19 Summit Park Addition. Laid over to December 20th for Final Ado tion. C.F. No. 274127. FIRST READING. An ordinance amending Section 24.04Subdivision 5 of the Administrative Code , pertaining to statements of economic interest. Laid over to December 20th for Second Readin it Hall, St. Paul, Claim of Sheila Jo Bertilson, 120 Summit Avenue W., 525 Summit Minnesota, filed on December 10, 1979, was read. \ Referred to the City Attorney's Office. filed on Claim of John J. Daubney, 300 E. Robie St., St. Paul, Minnesota, December 7, 1979, was read. Referred to the City Attorney's Office. St. Paul, Claim of Hiwayan Club, Inc., Dept. of Highways, John Ireland Blvd., Minnesota, filed on December 7, 1979, was read. Referred to the City Attorney's Office. filed on Claim of Kevin G. Loney, 815 Lincoln Avenue, St. Paul, Minnesota, December 6, 1979, was read. Referred to the City Attorney's Office. Claim of Marion L.J. Mattson by Attorney L. Chas. Peterson, 871 E. 7th St., St. Paul, Minnesota, filed on December 10, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of William Lewis on behalf of Michelle Lewis versus the City of St. Paul. Referred to the City Attorney. application , Letter from the State Department of Revenue transmitting the of the Chicago, Rock Island and Pacific R.R. for i1dationnof ��284281essed valuation of certain real estate described in App Filed. J 57910. December 13th, 1979. Request of Marrel G. Hathaway for a public hearing date to appeal a Summary Abatement Order at 14 E. Sycamore St. Councilman McMahon moved that a date of hearing be set for December 27th, 1979. Adopted. Yeas - 6 Nays - 0 Letter of the Valuation Engineer reporting the petition of Oxford Properties et al for the vacation of a portion of East Seventh Place and Cedar Street is in proper form. Filed. Administrative Orders D-5162 through D-5168 as on file in the City Clerk's Office were noted. Resolution approving terms and conditions of an amended 1979 Memorandum of Understanding applying to certain exempt employees of St. Paul. (Provides for fully paid dependent insurance coverages; First Reading) Laid over to December 20th for Second Reading and Adoption. C.F. No. 274128. Resolution approving the appropriation and financing changes as listed for the Downtown Development Projects. Adopted. Yeas - 6 Nays - 0 C.F. No. 274129. Resolution authorizing an agreement between the City of St. Paul and the Minnesota Crime Control Planning Board for the transfer of services of John W. Boles. Adopted. Yeas - 6 Nays - 0 C.F. No. 274130. Resolution approving assessment for the taking of an easement for alley purposes on part of Lots 13, 17 and 18, Block 31, Auerbach and Hands Addition AND taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of the proposed alley in Block 31, Auerbach and Hands Addition AND date of public hearing for January 8, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274131. Preliminary Order for the installation of a public water main in Wiggins Road from Burlington Road to Hillwood Drive AND in Hillwood Court from Wiggins Road south to cul-de-sac AND also an easement in existing main on McKnight Road to the cul-de-sac of Hillwood Court AND setting date of public hearing for January 15, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274132. Preliminary Order for the grading, paving and constructing concrete curb and gutter and storm water facilities for Hillwood Court from the cul-de-sac to Wiggins Road AND Wiggins Road from Burlington Road to Hillwood Court AND constructing a storm sewer in easement to be obtained from Hillwood Court to McKnight Road AND setting date of public hearing for January 15, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274133. Preliminary Order for the condemning and taking of easements as listed for properties as listed in connection with the improvement of Hillwood Court AND Wiggins Road AND setting date of public hearing for January 15, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274134. Preliminary Order for the construction of a sanitary sewer in Hillwood Court from cul-de-sac to Wiggins Road AND Wiggins Road from Burlington Road to Hillwood Court AND setting date of public hearing for January 15, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274135. Resolution approving assessment for Summary Abatement for period August 1 through August 31, 1979 AND setting date of public hearing for January 15, 1980. Adopted. Yeas - 6 Nays - 0 C.F. No. 274136. Resolution approving assessment for Boarding Up and Demolition for the period August 1 through August 31, 1979 AND setting date of public hearing for January 15, 1980. Adopted. Yeas 6 Nays - 0 57911. December 13th, 1979. C.F. No. 274137. Resolution granting Sewer Service Refunds to firms as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 274138. Resolution granting Building Contractor License to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 274139. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 6 Nays - 0 C.F. No. 274140. Resolution approving the appointment of Margaret Mahoney as special counsel in a certain discrimination case involving Robbia Johnson versus the Conwed Corporation. Adopted. Yeas - 6 Nays - 0 Resolution appointing Theodore Collins, Ronald Smith, Robert White and Patrick O'Neill as special counsel to represent Richard Rowan, Dave Weida, James Fecky and John Voita in defense of lawsuit commended by Joseph Carchedi, City License Inspector. Councilman Maddox moved that the resolution be laid over for one week and he said the reason for the layover is that he wants to have a discussion with various people and he thinks the rate of pay should also be discussed and the matter could involve a considerable amount of money. At the question of Councilwoman Hunt, Mr. Starr said he recommends approval of the resolution with compensation to be set at $75.00 per hour. Councilman McMahon said he would like to see consideration and discussion by the Finance Committee and Councilman Maddox withdrew his motion. The resolution was ordered referred to the Finance, Management and Personnel Committee by President Showalter. Ronald Wills has requested to speak on alternative forms of ownership for cable television. President Showalter asked if Mr. Wills was present and no one appeared. Councilman Maddox suggested that the matter be referred to the Energy Committee and it was agreed that all Cable TV matters should be directed through the Energy Committee. Councilman Levine moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 10:15A.M. Council President ATTEST: - 1 � V Cii•,t y Clerk. / Copies sent to Councilmen Minutes approved by Council 3 elf v 57912. V MINUTES OF THE COUNCIL. 10:00 A.M. December 18th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hozza, Maddox, McMahon, President Showalter ... 4 Absent - Councilmen Hunt, Levine, Tedesco ... 3 (Councilmen Hunt, Levine and Tedesco arrived at points during the meeting) Councilman McMahon introduced Tom Oakley who introduced several new Boy Scouts who are meeting with city officials as part of their induction to the Boy Scouts. C.F. No. 274141. FINAL ORDER. In the matter of installing a water main in Ames Avenue from 260 feet east of Etna St. to 650 feet east of Etna St., under P.O. 274034. No one appeared in opposition. Councilman McMahon moved approval of the order. Adopted. Yeas - 4 Nays - 0 Councilmen Levine and Tedesco arrived at this point in the meeting. C.F. No. 274043. FINAL ADOPTION. ORD. NO. 16619. An ordinance amending Ordinance No. 16538 designating the St. Paul Public Library/James J. Hill Reference Library as aNHeritage Preservation Site. Adopted. Yeas - 6 C.F. No. 274044. FINAL ADOPTION. ORD. NO. 16620. \ An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the northeast corner of Bradford and Ellis, aka Lots 9 and 10, Block 82, St. Anthony Park. Adopted. Yeas - 6 Nays - 0 Councilwoman Hunt arrived at this point during the meeting. C.F. No. 274045. FINAL ADOPTION. ORD. NO. 16621. 60 the Legislative Code and rezoning property An ordinance amending Chapter of Dale and Ashland, aka Lots 9 thru 11, located in the southeast corner of Block 16, woodland Park Addition. 0 Adopted. Yeas - 7 Nays - C.F. No. 274046. FINAL ADOPTION. ORD. NO. 16622. 60 the Legislative Code and rezoning property An ordinance amending Chapter of Christie Place and Kennard and vacated Funk located on the northwest 1, 2, corner of 27 thru 30 inclusive, Block 3, Kerwin's Outlots. St., aka Lots and 7 Nays - 0 Adopted. Yeas - C.F. No. 274048. FINAL ADOPTION. ORD. NO. 16623. Code and rezoning property An ordinance amending Chapter 60 of the Legislative Territorial Rd., aka located on the southeast corner of Raymond Ave. and Lots 1 and 2 and part of Lot 3, Hoard's Sub. Adopted. Yeas - 7 Nays - 0 C.F. No. 274099. An ordinance amending SECOND READING. Ordinance No. 13539 pertaining to Parking Meter Zones and deleting parts of Fifth and Auditorium Sts. Laid over to December 20th for Third Reading. C.F. No. 274100. SECOND READING. 382.03 (D)(3) of the St. Paul Legislative Code An ordinance amending Section relating to filing of campaign reports. Laid over to December 20th for Third Reading. 57913. \ \ December 18th, 1979. C.F. No. 274101. -- SECOND READING.. An ordinance amending Section 152.09 of the St. Paul Legislative Code; providing for the initial licensing of vehicles not more than two (2) years old as taxicabs. Laid over to December 20th for Third Reading. C.F. No. 274142. FIRST READING. An ordinance amending Chapter 22.07 of the Legislative Code pertaining to signs and billboards and providing for setting of minimum spacing along the Great River Road Spur Route. Laid over to December 27th for Second Reading. C.F. No. 274143. FIRST READING. An ordinance amending Chapter 327.06 (Exotic Animals) of the Legislative Code pertaining to keeping of animals. Laid over to December 27th for Second Reading. C.F. No. 274144. FIRST READING. An ordinance amending Chapter 325.01 (b) and 325.01 (c) of the Legislative Code pertaining to pet shops. Laid over to December 27th for Second Reading. Councilman Levine gave the reason for introducing the previous two ordinances and stressed the rabies problem with this type of animal. C.F. No. 273969. THIRD READING. An ordinance amending Ordinance No. 13534 pertaining to one-way streets by adding parts cf Van Buren St. and Jefferson Ave. (Letter of Public Works Committee recommends ordinance be amended by deleting that portion pertaining to Jefferson Ave.) Councilman McMahon moved concurrence in the committee report with the ordinance to be amended by deleting the portion pertaining to Jefferson Avenue. Adopted. Yeas - 7 Nays - 0 The ordinance was laid over to December 27th for Final Adoption. Letter of Public Works Committee requesting withdrawal of Joseph Mateyka letter complaining of prepayment of bills for trash pick-up inasmuch as the matter has been resolved. Filed. Letter of Public Works Committee recommends discussion of Seventh & Eighth Streets "switch -back" as part of the Public Works Department's Street & Highway Plan be removed from the committee calendar inasmuch as no action is necessary. Filed. Claim of J. R. Molock, 1333 W. Maynard Dr., St. Paul, Minnesota, filed on December 12, 1979, was read. Referred to the City Attorney's Office. Claim of Mr. Herman McKinney, 620 Cedar Avenue So., Minneapolis, Minnesota, filed on December 11, 1979, was read. Referred to the City Attorney's Office. Claim of Richard Tester, 1755 Lincoln Avenue, St. Paul, Minnesota, filed on December 11, 1979, was read. Referred to the City Attorney's Office. Claim of Phillip H. Vennemann, 828 Sims, St. Paul, Minnesota, filed on December 13, 1979, was read. Referred to the City Attorney's Office. Summons and Complaint in the matter of John McLevis versus the City of St. Paul. Referred to the City Attorney. Summons and Complaint in the matter of St. Paul Fire and Marine Insurance Co. versus Summit Court Corp. and the City of St. Paul. Referred to the City Attorney. Letter of the State Dept. of Revenue transmitting the application of the Rasmussen School of Business, Inc. for relief in assessed valuation of real estate described in Application #284341. Filed. J 57914. \` December 18th, 1979. Letter of the Housing Task Force asking for extension of time for activity reports due January 1, 1980. Councilman McMahon moved that the Council concur in the request. Adopted. Yeas - 7 Nays - 0 Administrative Orders D-5169 through D-5176 as on file in the City Clerk's Office were noted. C.F. No. 274145. Rules by striking the title Maintenance Resolution amending the Civil Service Coordinator from Section 3.J, Grade 16, Professional -Administrative Non - Supervisors group AND substituting the title Maintenance and Capital Improvement Planner in Grade 15 AND amending Section 32 of the rules by striking the specifications for the title Maintenance Coordinator AND inserting the specifications for the title Maintenance and Capital Improvement Planner. (Second Reading and Adoption) Nays - 0 Adopted. Yeas - 7 C.F. No. 274146. Resolution amending the Civil Service Rules by striking the present Section 17 (Transfers) in its entirety and substituting a new Section 17. (Second Reading and Adoption. Adopted. Yeas - 7 Nays - 0 C.F. No. 274147. Resolution adding Section 33 to the Civil Service Rules entitled "Employee Referral Procedures". (Second Reading and Adoption) Adopted. Yeas - 7 Nays - 0 C.F. No. 274148. Resolution amending Section 32 of the Civil Service Rules by striking the specifications for the titles Architect I, II and III and substituting in lieu thereof new specifications for aforementioned titles. (Second Reading and Adoption) Adopted. Yeas - 7 Nays - 0 Resolution amending C.F. 274001 as to paramedic and ambulance fees and substituting new language for the phrases involving salary wherever they may appear. (Laid over from December 11, 1979) Mr. Kessler, President of the Fire Fighters Union, introduced Warren Schaub who has been a fire fighter and member of the paramedic crew since its inception \ and Mr. Schaub expressed concern about the increase in fees and said he thinks the plight of the senior citizens has been overlooked. He suggested that a committee be formed to discuss the matter and that the resolution be tabled until a report is made on March 1st. Councilman Maddox said he has no objection to tabling the matter for further study and Councilman Levine expressed concurrence with a layover to allow a study as recommended. Councilwoman Hunt suggested a study by the Finance Committee and Councilman Hozza moved that the matter be referred to the Finance Committee. Mr. Kessler asked that Mr. Tobler be notified when the matter would be considered by the Finance Committee because of his involvement on behalf of the senior citizens. Roll call on the motion. Adopted. Yeas - 7 Nays - 0 Resolution approving a Memorandum of Agreement between the City and the St. Paul Police Relief Assn. and the St. Paul Fire Dept. Relief Assn. as to changes within both organizations pension programs AND pledges support for the 1980 State legislation necessary to carry out the memorandum of agreement changes. Mr. Steve Wellington of the Mayor's Office said they have been working on this matter for about eighteen months and he referred to members of the Police and Fire Relief Associations who are present to speak on the matter. Henry Atzmiller reported that the Board of Directors of the Police Relief Association recommend approval of the resolution and Tom Gelbnann of the Fire Department Relief Association said they have been working on the matter for over three years and he thinks this will solve the problems. Councilman Levine said he has worked closly with Mr. Gelbmann and he feels this is a reasonable document. First Reading Laid over to December 27th for Second Reading and Adoption. C.F. No. 274149. Resolution authorizing management agreement with Frank P. Murphy Realty Inc. for management of parking in the City Market facility. Adopted. Yeas - 7 Nays - 0 57915. \ December 18th, 1979. _ C.F. No. 274150. Resolution granting the petition of Darrell Butler for the vacation of a part of Mystic Street. Adopted. Yeas - 7 Nays - 0 C.F. No. 274151. Resolution approving the addition of streets as listed to the Municipal State Aid Street System. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt left the meeting at this point and Councilman Tedesco left the meeting at this point and returned later in the meeting. C.F. No. 274152. Resolution granting the petition of The Saint Paul Companies, Inc. for the vacation of a part of Auditorium Street. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco returned to the meeting at this point. Ronnie Brooks of the Mayor's Office appeared and explained a draft agreement concerning the NIS Program which would allow implementation of plans. Councilman Maddox asked about neighborhood involvement and Ms. Brooks said \ their latest meetings included representatives of neighborhoods. Councilman Hozza said he doesn't think people fully appreciate the affects of NIS but St. Paul has demonstrated to the Federal Government that a considerable amount of work was done and presented in a few months and on Thursday he will present a resolution endorsing the program. Councilman Levine commended all those who have been involved in the process. Councilman Tedesco said he will be asking to be excused for a week from Council following January 9, 1980 and Councilman Hozza asked to be excused January 2nd, 3rd, 8th, 9th, and 10th. Councilman Maddox moved that the requests be granted. Adopted. Yeas - 6 Nays - 0 Councilman Hozza moved that the meeting be adjourned. Adopted. Yeas - 6 Nays - 0 ADJOURNED AT 10:45A.M. Council President. ATTEST: i L City Clerk. Copies sent to Councilmen f Minutes approved by Council /� �U 57916. v MINUTES OF THE COUNCIL \9:00 A.M. December 19th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Hozza, Hunt, Maddox, McMahon, Tedesco, President Showalter ... 6 Absent - Councilman Levine...1 (Councilman Levine arrived at a point during the meeting) Councilman Tedesco left the meeting at this point and returned later in the meeting. Application for change of officers and stockholders in H.K.K., Inc., On Sale Liquor Licensee at 1084 W. Larpenteur Avenue, doing business as Ted's Rec. (Jay P. Hitchcock and John H. Kowalski notified to attend). The following resolution was submitted. C.F. No. 274153. Resolution approving transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Off Sale Malt Beverage, Cigarette License and Tavern License from H.K.K., Inc. at 1084 W. Larpenteur to H.K.K., Inc. at the same address with Jay P. Hitchcock, President and John H. Kowalski, Vice President. Councilman Maddox moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 Councilman Tedesco returned to the meeting at this point. Application for the transfer of the On Sale Liquor and miscellaneous licenses issued to G.R.M., Inc. (Louis P. Danna, President) at 48 E. Fourth St., doing business as Luigi's, to G.R.M., Inc. (Charles W. Erickson, President) at the same address. (This matter was previously considered on December 5 and December 12, 1979) It was noted that the attorney for the applicants has requested another one week continuance and Councilman Maddox moved that the matter be laid over for one week to December 26, 1979. Adopted. Yeas - 6 Nays - 0 Application for change of officers and stockholders in MacCafferty's West, Inc. (Raymond C. MacCafferty, President), On Sale Liquor Licensee at 782-8 Grand Avenue. (Sean T. Clerkin, Thomas A. Foster and John S. Logan notified to attend). The following resolution was submitted. C.F. No. 274154. Resolution approving transfer of On Sale Liquor License, Sunday On Sale Liquor License, Restaurant, Tavern and Cigarette Licenses from MacCafferty's West, Inc. at 782-88 Grand Avenue to MacCafferty's West, Inc. at the same address with Sean T. Clerkin, President, John S. Logan, Secretary and Raymond C. MacCafferty as a member of the board of directors. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 Councilman Levine arrived at this point in the meeting. Application for the transfer of Taxicab No. 30 from St. Paul Yellow Cab Co., Inc. to James Rychlicki, doing business as Yellow Cab at 400 Selby Avenue. (James Rychlicki notified to attend). The following resolution was submitted. C.E. No. 274155. Resolution granting transfer of Taxicab License No. 30 from St. Paul Yellow Cab Company, Inc. at 400 Selby Avenue to James Rychlicki at the same address. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 J 57917. December 19th, 1979. Application for the transfer of Taxicab No. 92 from St. Paul Yellow Cab Co., Inc. to Yellowbird, Inc., doing business as Yellow Cab at 400 Selby Avenue. (Robert Janecek notified to attend). The following resolution was submitted. C.F. No. 274156. Resolution granting transfer of Taxicab License No. 92 from St. Paul Yellow Cab, Inc. at 400 Selby to Yellowbird, Inc. at the same address. Councilman McMahon moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 Public Hearing on the application for the transfer of the Off Sale Liquor License held by Quik -Stop Liquors, Inc. at 918 E. Seventh St. to 824 E. Seventh St. President Showalter asked if anyone wanted to be heard in opposition and no one appeared. Councilman McMahon moved approval of the transfer. Adopted. Yeas - 7 Nays - 0 Frank Hammond, Chairman of Operation 85, appeared to introduce a presentation on Metro 85 Development Program for Downtown St. Paul and John Baymiller explained a slide presentation and submitted the report to the Council. Councilman Hozza said the city's role is very limited and the private sector will be taking the lions role. He said the citys commitment is the same as last year and the private sector will pick up inflationary costs and cost overruns. He said the key to the effective program is the nonprofit corporation who will serve as coordinator of programs in the downtown area. William Clapp, Chairman of the Board of the St. Paul Area Chamber of Commerce, said he thinks the $14,000,000 will produce one half billion dollars of development in the downtown area and the proposal might be the answer to the energy question and pollution problems in the downtown area. Amos Martin, Executive Vice President of the St. Paul Area Chamber of Commerce, said the program will allow a request to the legislature to provide for continued planning until the decision day in 1982. Tony DeZiel, Business Representative of the St. Paul Trades and Labor Assembly, spoke in support of the proposal and said he thinks the downtown problems of parking and traffic are catching up with us and we must encourage people to come downtown. Richard Radman, Representing the St. Paul Building and Construction Trades Council, spoke in support of the proposal and said he thinks taxes generated will exceed the local contribution. Councilman Maddox said he supports the efforts of the businessmen and supported the efforts in the last legislature and he referred to new suburban shopping centers being constructed and expressed concern about putting people out of business and leaving vacant buildings. Mr. Hammond said they have not attempted to stop free enterprise elsewhere and have not considered the matter of trying to discontinue building shopping centers in other areas. Councilman Levine said we can't tell other cities what to do and he thinks other cities would like similar programs and there is a great potential for development available under this program. Councilwoman Hunt said she thinks the resolution includes much more than the People Mover and she asked if the resolution is flexible enough to take care of modifications in the future. Mr. Hammond indicated the resolution is flexible and legislative approval will only allow the planning process to continue and amendments and even an entire new plan could be substituted as planning proceeds. Councilman Hozza said the program must remain flexible because there are many unanswered questions. Councilwoman Hunt said she is prepared to support the resolution and if she is on the City Council in 1982 would be reluctant to support it if it doesn't have more support from the citizenry. Councilman Maddox said he agrees and has been assured that there will be more citizen input and a better educational program. The following resolution was submitted. C.F. No. 274157. Resolution approving Metro 85' Development Program for Downtown St. Paul and authorizing certain actions in implementation of said program. Adopted. Yeas - 7 Nays - 0 57918. \ December 19th, 1979. Councilman Maddox moved that the meeting be adjourned. Adopted. Yeas - 7 Nays - 0 A D J O U R N E D AT 10:15 A.M. council President. ATTEST: ;Clerk. Copies sent to Councilmen 1 14 ZF Minutes approved by Council ��/ f D J 57919. MINUTES:OF THE COUNCIL 10:00 A.M. December 20th, 1979 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:07 A.M. Present - Councilmen Hozza, Levine, Maddox, McMahon, Tedesco, President Showalter...6 Absent - Councilwoman Hunt...1 It was noted that Councilwoman Hunt has asked to be excused because of illness and Councilman Hozza moved that the request be granted. Adopted. Yeas - 6 Nays - 0 C.F. No. 274158. Resolution ordering the correction or wrecking and removal of a structure at 440 Virginia. No one appeared on behalf of the owner. Mr. Strohkirch of the Housing Code Division circulated pictures of the building and said it has been vacant and boarded since September of 1975. He said the fees have been paid on a regular basis but no plan has been submitted for rehabilitation and they recommend that the Council proceed with condemnation. Councilman Tedesco moved approval of the resolution. Adopted. Yeas - 6 Nays - 0 C.F. No. 274077. FINAL ADOPTION. ORD. NO. 16624. An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the north side of Grand Avenue between St. Albans and Dale aka Lot 21, Block 1, Summit Park Addition. Nays - 1 (Tedesco) Adopted. Yeas - 5 Y C.F. No. 274099. THIRD READING. An ordinance amending Ordinance No. 13539 pertaining to Parking Meter Zones and deleting parts of Fifth and Auditorium Streets. Laid over to December 27th for Final Adoption. C.F. No. 274100. THIRD READING. An ordinance amending Chapter 382.03 (D)(3) of the St. Paul Legislative Code pertaining to the filing of campaign reports. Councilman Hozza moved that Third Reading be continued for one week to December 27th and Councilmen Maddox and McMahon indicated they have no objection to the motion. Adopted. Yeas - 6 Nays - 0 C.F. No. 274101. THIRD READING. An ordinance amending Chapter 152.09 of the St. Paul Legislative Code providing for the initial licensing of vehicles not more than two years old as taxicabs. Laid over to December 27th for Final Adoption._ C.F. No. 274127. SECOND READING. An ordinance amending Section 24.04, Subdivision 5, of the Administrative Code pertaining to statements of economic interest. Laid over to December 27th for Third Reading. Letter of Pete and Judy Regnier requesting immediate implementation of the City Council directive for the localization of Jefferson Ave. (Public Works Committee recommends removal of item from Committee calendar inasmuch as the matter will be discussed further at community level in 1980). Filed. Claim of Douglas Nagle, 7747 Irish Avenue So., Cottage Grove, Minnesota, filed on December 17, 1979, was read. Referred to the City Attorney's Office. December 20th, 1979. Claim of Jill Marquardt, 402 Wheeler N., St December 18, 1979, was read. Referred to the City Attorney's Office. 57920." Paul, Minnesota, filed on Demand for removal case to Ramsey County Municipal Court -Division and Affidavit in the matter of John P. Salas versus the City of St. Paul Referred to the City Attorney. ng Letter from Mayor Latimer reto the Bargaining cAgreement il 1with hCity's final Council4�9 positions conte or's Office appeared and explained the matter and said a Mr. Hames of the May proposed resolution is attached to the letter. Councilman Hozza moved that the rules be suspended to consider the resolution not on the agenda. nting Council 91, said he understands the city is Jerry Serf ling, represe n several issues and Mr. Hames said there are issues refusing to arbitrate o be the subject mf arbitration and that matter the city maintains should not might end up in the courts. t to Councilman Levine said he iSS elect g said the eunion lhas ethe 1option toorrefuse ng between the parties the position. Mr. Serf ling if he favored adoption of resolution Councilman Hozza asked doesn't know the Councils intent in passing the and Mr. Serfling said he resolution. Councilman Maddox said he was informed that there are two options and one is to pass the resolution and the other is to strike. procedural necessity Mr. Hames noted that adoption of the resolution is a p and the Mayor has met to attempt to resoleheatter and if the resolution is not adopted the city cannot submit a position. Councilman Hozza said action would permit continued negotiations and he is prepared to act on it today. Councilman Tedesco said if the motion was withdrawn he would move to table the matter until December 26th.osition At the question of some Councilmembers Mr. Serf ling said it is their p that there is no need to table the resolution. Roll call on the motion to suspend the rules to consider a resolution not on the agenda. Nays - 0 Adopted. Yeas - 6 C.F. No. 274159. Resolution supporting the administrations collective bargaining Positions regarding the Clerical Unit as set forth in a letter of the Mayor dated December 18, 1979. Nays - 0 Adopted. Yeas - 6 and al ms that It was agreed that several items n would betconsideredon the eatathis time runder esuspension \ appear later on the agenda of rules. C.F. No. 274160. by the Housing and Redevelopment Authority Resolution approving the issuance y of the City of St. Paul, Minnesota Cityfinofurtheranceusing oofethe redevelopment plan (Gallery Towers Project) of the for the Seventh Place Redevelopment Project, Ctmau ityeDevelopmenty Towers District 17, and approving criteria for mortgage loansNays - 0 Adopted. Yeas - 6 Resolution approving terms and conditions of a 1980-1981-1982 Agreement between clation Fire the City of St. Paul and the international period January if 1980 through Fighters oughDecember AFL-CIO, Local 21. (Employmentt 31, 1982; First Reading). Laid over to December 27th for Second Reading and Ado tion. C.F. No. 274161. Resolution approving the 1980 Residential Street Paving Program. (Recommended for approval by the Finance, Management and Personneel Committee). Adopted. Yeas - 6 NayC.F. No. 274162. Resn1';,rion concurring in the issuance of Port Authhority Revenue of thelBondsocalsin the of ,�.,;;ount of approximately $1,000,000 to finance Park to comply with the conditions poonthe development costs of the St. Paul Energy of the negotiated investment strategy agreement.- 0 Adopted. Yeas - 6 57921 December 20th, 1979. A letter of R. Scott Davies, Attorney representing Jasaka Company, was noted requesting that a date of hearing to consider the vacation of portions of Arundel & Orange be reset from January 8, 1980 to January 15, 1980. Councilman Tedesco moved approval of the request subject to payment of any costs incurred to be borne by Mr. Davies. Adopted. Yeas - 6 Nays - 0 Letter of the Heritage Preservation Commission recommending the Assumption School and Assumption Church be designated as Heritage Preservation Sites. Councilman Hozza moved that a date of hearing be set to consider the designation. Adopted. Yeas - 6 Nays - 0 Administrative Orders D-5177 through D-5188 as on file in the City Clerk's Office were noted. C.F. No. 274163. Resolution approving terms and conditions of an amended 1979 Memorandum of Understanding applying to certain exempt employees of St. Paul. (Provides for fully paid dependent insurance coverages; Second Reading and Adoption). Adopted. Yeas - 6 Nays - 0 Resolution amending the Civil Service Rules by placing an asterisk before the title Power Shovel Operator in Seztion 3.G, Labor Maintenance, and amending Section 32 of the rules by striking the specifications for title Power Shovel Operator and substituting new specs for same. (First Reading; Letter of Finance Committee recommends approval). Laid over to December 27th for Second Reading and Adoption. Resolution amending Section 32 of the Civil Service Rules by striking the specifications for the title Heavy Equipment Operator and substituting new specifications for same. (First Reading; Letter of Finance Committee recommends approval). Laid over to December 27th for Second Reading and Adoption. Resolution amending the Civil Service Rules by adding the title Revolving Power Equipment Operator to Section 3.G, Labor Maintenance AND amending Section 32 by inserting its specifications. (First Reading; Letter of Finance Committee recommends approval) Laid over to December 27th for Second Reading and Adoption. Resolution amending the Salary Plan and Rates of Compensation Resolution by establishing the rate for the title Revolving Power Equipment Operator in Section II, Subsection P. (First Reading; Letter of Finance Committee recommends approval). Laid over to December 27th for Second Reading and Adoption. Resolution amending the Civil Service Rules by striking the title Supervising Dental Hygienist from Section 3.L, Grade 34, Technical AND inserting same \ in Section 3.K, Grade 7, Professional -Administrative Supervisors. (First Reading; Letter of Finance Committee recommends approval). Laid over to December 27th for Second Reading and Adoption. Resolution amending the Civil Service Rules by inserting the title Affirmative Action Recruiter in Section 3.J, Grade 11, Professional -Administrative Non - Supervisors Group AND inserting its specifications in Section 32. (First Reading; Letter of Finance Committee recommends approval) Laid over to December 27th for Second Reading and Adoption. C.F. No. 274164. Resolution granting Bingo Games License to Women of the Moose, Chapter 70. Adopted. Yeas - 6 Nays - 0 C.F. No. 274165. Resolution approving the appointment of John Schmidt to fill the unexpired term of Jean McGinley on the Planning Commission. Councilman Levine said Ms. McGinley did a good job on the Planning Commission and should be commended and the appointment of John Schmidt is an excellent one and one of the top appointments to come out of the Mayor's Office and he is a person who knows the city very well and has given many years of public service to the city. Roll call on the resolution. Adopted. Yeas - 6 Nays - 0 57922.] December 20th, 1979. C.F. No. 274166. Resolution denying the application of Prentice Hamilton for a Dance Hall License at 908 University Avenue.eared. President Showalter asked if anyone wanted to be heard and no one app Adopted. Yeas - 6 Nays - C.F. No. 274167. approving payment of $100.00 to Kenneth Williams and Sally Jean Resolution a Waltrip, $87ppr to David Francis, $15.00 to Sandra Prentice and $192.02 to June Newman from the Tort Liability Fund in settlement of their respective claims. Nays - 0 Adopted. Yeas - 6 C.F. No. 274168. Reseri-_,t-ion authorizing payment of $392.24 to Seeferts Hudson Road Nursery the Tort Liability Fund in settlement of and $780.60 to George Brandt from their respective claims. Yeas - 6 Nays - 0 Adopted. C.F. No. 274169. Resolution designating the HRA as the implementing agency for the Multi - Family Rental Housing Development Revenue Program AND authorizing it tram. issue revenue notes in an amount not to exceed $100,000,000 for said program. Adopted. Yeas - 6 Nays - 0 C.F. No. 274170. Resolution amending the 1979 Budget and transferring $24,723.00 from Contingent Reserve-Specified to Public Works -Transfer to Special Fund. (Setting'up funding Recommended for city's share of Federal Grant for Refuse -Energy ' for approval by the Finance, Management and Personneel Committee) Adopted. Yeas - 6 NayC.F. No. 274171. transferring $7,213 from Contingency \ Resolution amending the 1979 Budget by Reserve -General to City Clerk -Special Elections. (Recommended for approval by the Finance, Management and P6ersonnel committee)Nays -0 Adopted. C.E. No. 274172. Resolution approving amendments to the Community Development Block Grant Year V Program and transferring $57,000 from Unspecified Contingency to -provide up to $9,500 in funding for staff for each of the six ITA's in 1980. (Recommended for approval by the Finance, Management and Personnel Committee) Adopted. Yeas - 6 s 0 C.F. No. 274173. Resolution endorsing they ISeas Process. Nays - 0 Adopted. Councilman Hozza moved that the proper resolution be prepared that would affirm some of the positions made at the rrecent Energy hataCommittee date ofhearing including heldth ronention of a consultant on Cable TV and p n February 5, 1980 at 7:30Ye s. -in the Council NCChamberays -rs. Adopted. Councilman Maddox moved Ythat eas the he meeting be adjoNaysurneed. Adopted. A D J O U R N E D AT 10:40 A.M. ATTEST: City Clerk. Council President. Copies sent to Councilmen d D Minutes approved by Council �S D 57923 MINUTES OF THE COUNCIL 9:00 A.M. December 26th, 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 9:05 A.M. Present - Councilmen Hozza, Hunt, Levine, Maddox, McMahon, Tedesco, President Showalter ... 7 Absent - None. Public hearing on the application for an On Sale Wine, On Sale Malt Beverage and Class C2 -Restaurant Licenses at 361 W. Seventh Street by Bear Investment and Leasing, Inc. (Patrick A. Carlone, President). (This matter was previouly considered on December 5, and December 12, 1979.) Mr. Earl Gray, representing Mr. Carlone, said a meeting had been held and they agreed there will be no standup bar and he has no objections to other restrictions similar to those put on beer licenses. He said they want to serve wine and beer on Sunday in connection with the restaurant and he requested action on the application. Mr. Pat Carlone appeared and explained the back entry and said the building department told him that it would be the best entrance for handicapped and he doesn't intend to use it for the main entrance. Elmer Truesdale, attorney representing the Salvation Army, said they met with Mr. Gray and were unable to reach an agreement. He said they request a Sunday moratorium on wine and beer and also physical screening between the facility and their chapel and their position is the same as at the original hearing in opposition. He said they don't believe the rear entrance will be used only for handicapped. Mr. Regnier said he met with Mr. Gray and he referred to some agreement on the restrictions requested in his letter and he said he thinks the.back entrance will become the main entrance eventually. At the question of Councilman Maddox, Mr. Regnier said his clients \ still object to the application and they think the entrance is within the 300 foot re- quirement but if it is passed they request retrictions as requested in his letter. Councilwoman Hunt said she is not fully clear on the issues still pending and Mr. Truesdale said the back door matter is still an issue with them. Mr. Gray said they have agreed with some of the items but they disagree on the door issue and they think wine and beer should be allowed on Sunday with meals and there are only two issue that have not been compromised. He said the main entry will be out of the 300 foot requirement and he doesn't object to having the back door used for handicapped people only. Mr. Regnier said the West Seventh Association feels there are too many bars in the area and this is the reason that they request restrictions. Mr. Gray referred to a request for a restriction on advertising and he said they should be allowed to advertise wine and beer in connection with the restaurant. Councilman Maddox moved that the public hearing closed with discussion limited to Council - members. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt said she thinks an agreement is close and she suggested not approving wine and beer sales on Sunday and if the conduct of the facility is satisfactory after six months the question could be reopened. Councilman Hozza expressed disagreement with the suggestion and said he cannot support the proposal because of the 300 foot issue. Councilman Hozza moved that the application be denied on the basis of the 300 foot issue and on the basis of testimony presented today and at previous hearings and including the hearings on two other applications of the applicant. Adopted. Yeas - 7 Nays - 0 Application for the transfer of the On Sale Liquor and miscellaneous licenses issued to G.R.M., Inc. (Louis P. Danna, President) at 48 E. Fourth Street, doing business as Luigi's, to G.R.M., Inc. (Charles W. Erickson, President) at the same address. (This matter was previously considered on December 5, December 12 and December 19, 1979.) Mr. Carchedi recommended that the matter be laid over indefinitely and Councilman Maddox moved approval of the recommendation. Adopted. Yeas - 7 Nays - 0 57924. December 26th, 1979 Application of MGM Liquor Warehouse, Inc. for the transfer of Off Sale Liquor License and miscellaneous licenses from 1110 West Larpenteur Ave. 1102--1104 Westsouthwest corner of West Larpenteur and Lex ington Avenues, approximately Larpenteur Ave. At the recommendation of the License Inspector, Councilman Maddox moved that the matter be continued for two weeks to January 9th, 1980. Adopted. Yeas - 7 Nays - 0 Councilman Maddox referred to the matter of E.J.'s Bar and suggested that the Council hold an informational hearing. and find Mr. s for a said he and g toconsiderity Attorney suspension reviewed rev cation ofreport theslicenses. no basis for a public hearingon E.J.'s Councilman Maddox moved that the Council schedule an informational hearing Bar and have the police reports. At the question of President Showalter, Mr. Starr, City Attorney, said the Council does have the authority to conduct an investigation.to Councilwoman Showalter suggested that information be madubliclhearing atoanlater mdate. and then they can discuss and decide whether to hold a p Councilman Tedesco moved thattheeasmeeting beNaysourn0ed. Adopted. AD J OURNED AT 9:35 A.M. Council President. ATTEST + City Clerk Copies sent to Councilmen U I p Minutes approved by Council // /8 i 57 25 MINUTES OF THE COUNCIL \ 10:00 A.M. December 27th2 1979 COUNCIL CHAMBERS - CITY HALL & COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Showalter at 10:05 A.M. Present - Councilmen Hunt, Hozza, Levine, Maddox, McMahon, Tedesco, President Showalter ... 7 Absent - None. Hearing was held to consider the appeal of Marrel Hathaway to a Summary Abatement Order of the Housing Code Division affecting property at 14 E. Sycamore Street. Mr. Stoffthe of the Housing Code Division circulated pictures of the property involved and said their recommendation is that the appeal be denied. Mr. Hathaway appeared and said the people at 9 Acker Street are responsible for placing the debris on his property. Councilwoman Hunt said she thinks thleCfrom1using hisresponsible propertyand Mr- Hathaway as a legal remedy to prevent other people Mr. Hathaway requested a sufficient time to work outellantthe abeeallowedotimeltontakeza suggested that the appeal be denied and that the app the necessary action. Mr. Starr, City Attorney, said he doesn't think two weeks is enough time to take legal ld administratively allow a sufficent action and if the appeal is denied the staff could amount of time. appeal be denied with the understanding that enforcementhaway Councilman Hozza move3 that the y y period would be a sufficient time. would be delayed for a reasonable amount of time to allow the legal action y and Mr. Starr indicated that heathought a thirty Nays day p Adopted. C.F. No. 274174. Resolution approving Sewer Service Charges for the 1980 calendar year. to keep CouncilwomanHunt said she thanks the lwoman Showalterfread da list sOfhcommitteeo have rmembersdand staff the rate eared. \ persons who she said should be coommenne wdndeantohbe heard and no one app President Showalter asked if any Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. C.E. No. 274175. Resolution ordering the correction or wreckingof a structure at 585 Van Buren. Mr. Strohkirch of the Housing Code Division no permits have culated ubeen issued res of the band dthere nstill said it is currently boarded and secure but of the resolution ear on behalf of the are delinquent fees and he recommends approval and wanted to app President Showalter asked if anyone was p of ears and e owner and no one appeared. been Sandy Morris of District #7 said the building has like tocsee somefO aactionrto either was the subject of afirand the neighbors but improve or wreck the building. put together a financial package Councilman Levine said time was allowed to p l should proceed with this resolution apparently it could n t be arranged and the Counci and he moved app Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. nstruct fencing across certain Request of Champion International Corporation to co portions of Myrtle, Hampden, 1979.) streets vacated Pill by the City in 1972 and describe as p ec subject to conditions Wabash and Pillsbury Streets. (LTedommended approval eoflthe requestDecember 13th, Valuation Engineer, Mr. Donovan, 1979 with one amendment to Item (b) an he recommended in his letter of October 31st,1979 involved. he said this condition is agreeable to the parties No one appeared. request subject to the terms and conditions Councilwoman Hunt moved approval of the req recommended by the Valuation Engineer as amended. Adopted. Yeas - 7 Nays - 0 57926V December 27th, 1979. C.F. No. 273969. FINAL ADOPTION. ORD.NO. 16625. An ordinance amending Ordinance No. 13534 pertaining to one-waystreets by adding part of Van Buren Street. Yeas - 7 Nays - 0 Adopted. C.F. No. 274099. FINAL ADOPTION. ORD.NO. 16626. An ordinance amending Ordinance No. 13539 pertaining to Parking Meter Zones andde- leting parts of Fifth and Auditorium Streets. Adopted. Yeas - 7 Nays - 0 C.F. No. 274101. FINAL ADOPTION. ORD.NO. 16627. An ordinance amending Chapter 152.09 of the St. Paul Legislative Code providing for the initial licensing of vehicles not more then two years old as taxicabs. Adopted. Yeas - 7 Nays - 0 C.F. No. 274100. THIRD READING. An ordinance amending Chapter 382.03 of the St. Paul Legislative Code pertaining to the filing of campaign reports. (Laid over from December 20th, 1979.) Councilman Hozza expressed concern about the ordinance and said it cuts the twelve reporting dates to four and he urged that it either be withdrawn or referred to Committee. s no problem with referring the matter to Committee and Councilman Maddox said he ha the ordinance brings the City requirement into line with the State requirement. be referred the Legislation Committee. Councilman Maddox moved that the ordinance s Councilwoman Hunt suggested that when the Committee considers the matter it should \ notify the groups that originally were involved in the preparation of the ordinance. Councilman Tedesco suggested that the matter be considered by the Committee of the Whole. Roll call on the motion to refer the matter to the Legislation Committee. Adopted. Yeas - 7 Nays - 0 C.F. No. 274127. THIRD READING. An ordinance amending Section 24.04, Subdivision 5 of the Administrative Code pertaining to statements of economic interest. Laid over to January 3rd, 1980 for Final_ Adoption. C.F. No. 274142. SECOND READING. An ordinance amending Chapter 22.07 of the Legislative Code pertaining to signs and billboards and providing for setting of minimum spacing along the Great River Road Spur Route. Laid over to January 3rd 1980 for Third Reading. C.F. No. 274143. SECOND READING. An ordinance amending Chapter 327.06 (Exotic Animals) of the Legislative Code per- taining to the keeping of animals. Laid over to January 3rd, 1980 for Third Reading, C.F. No. 274144. SECOND READING. An ordinance amending Chpater 325.01 (b) and 325.01 (c) of the Legislative Code pertaining to pet shops. Laid over to January 3rd, 1980 for Third Reading. C.F. No. 274176. FIRST READING. An ordinance amending Chapter 26.03 of the Legislative Code pertaining to fees for registration of vacant buildings. Laid over to January 3rd, 1980 for Second Reading. Claim of Michael Alley, 871 Snelling Ave., St. Paul,.Minnesota, filed on December 19th, 1979, was read. Referred to the City Attorney's Office. Claim of Mr. Fred Demko, 1090 Arcade Street, St. Paul, Minnesota, filed on December 18th, 1979, was read. Referred to the City Attorney's Office. ichael C. Black, Kuehn Building, 265 West 7th Claim of Kathleen Krueger, by attorney M Street, St. Paul, Minnesota, filed on December 19th, 1979, was read. Referred to the City Attorney's Office. 279 - J December 27th, 1979. Claim of Stephen L. Nelson, Nelson, Nelson, Kufus and Associates, 665 North Snelling Avenue, St. Paul, Minnesota was read. Referred to the City Attorney's Office. Summons and Complaint in the matter Hulda Johnson versus the City of St. Paul. Referred to the City Attorney's Office.. Letter of the Planning Administrator transmitting three resolutions of the Planning Commission recommending Zoning Text changes: Day Care, Community Residential Facilities, and Residential Group Homes. Referred to the City Development Committee. Letter of the Director of Finance and Management Department reporting the petition to rezone Lots 7through 121 Block 6, Lorena Park is sufficient. Referred to the Planning Commission for recommendation. Administrative Orders D-5188 through D-5197 as on file in the City Clerk's Office were noted. C.F. No. 274177. Resolution approving a Memorandum of Agreement between the City of St- Paul an the St. Paul Police Relief Association and St. St. Paul Fire DeleRelief Associationsupport as to changes within both organizations pension programs AND pledges agreement changes. for the 1980 State legislation necessary to carry out the memorandum of (Second Reading and Adoption•Yeas - 7 Nays - 0 Adopted. C.F. No. 274205.reement between the Resolution approving terms and condition of a 1980-1981-1982 nal Association of Eire Fighters AFL-CIO, Local 21. City of St. Paul and the Internatio (Second Reading and Adoption Yeas - 7 Nays - 0 Adopted. C.F. No. 274178.lacing an asterisk before the title Resolution amending the Civil Service Rules by p Power Shovel Operator in Section 3.G, Labor Maintenance, AND amending Section 32 \of the Rules by striking the specifications for title Power Shovel Operator. (Second Reading and Adoption•Yeas - 7 Nays - 0 Adopted. C.F. No. 274179. Resolution amending Section 32 of theCivilService Rules by striking the specifications for the title Heavy Equipment Operator and substituting new specifications for same. (Second Reading and Adoption•Yeas - 7 Nays - 0 Adopted. C.F. No. 274180.adding the title Revolving Power Resolution amending the Civil Service Rules by Equipment Operator to Section 3.G, Labor Maintenance, AND amending Section 32 by inserting its specifications. (Seco�d Reading naysand AOdoption.) Adopted. Yeas - C.F. No. 274181. establishing Resolution amending the Salary Plan and Rates of Compenstion Resolution by the rate for the title Revolving Power Equipment Operator in Section II, Subsection P. (Second Reading and Adoption.) C.E. No. 274182.he Resolution amending the Civil ServiceRules by Technical tthe titleinserSupervising ing same In Dental Hygienist from Section 3.L, Grade Section 3.K, Grade 7, Professional -Administrative Supervisors. (Second Reading and Adoption.) Yeas - 7 Nays - 0 Adopted. C.F. No. 274183. -the title ive Resolution amending the Civil Service Rules ProfessionalgAdministrative1NontSuper- Action Recruiter in Section 3.J, Grade 11, Non -Super- visors Group AND inserting its specifications in Section 32. (Second Reading and Adoption.) yeas - Nays - 0 , Adopted. C.F. No. 274184.roviding the City of St. Paul Resolution authorizing an agreement with the MTC providing roll deduction in the employees to utilize discounted trYonsYamfacilities via p "Monthly All You Can Ride Cards" p- 7 Nays - 0 Adopted. i 27928 December 27th, 1979. C.F. No. 274185. Resolution approving an appointment of Ora Lee Patterson to the position of Administrative Aide I. Mr. Peter Hames of the Mayor's Office appeared representing the Mayor and introduced Ms. Ora Lee Patterson to the City Council and requested concurrence in the appointment. Councilpersons Showalter, Levine, Hunt and Tedesco, all expressed concurrence with the appointment. Adopted. Yeas - 7 Nays - 0 C.F. No. 274186. Resolution authorizing an application to the Office of Local and Urban Affairs of the State Planning Agency for a Land and Water Conservation Grant for work at McMurray Field. Adopted. Yeas - 7 Nays - 0 C.F. No. 274187. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas = 7 Nays - 0 C.F. No. 274188. Resolution granting Building Contractor Licenses to persons as listed. Adopted. Yeas - 7 Nays - 0 C.F. No. 274189. Preliminary Order for the condemning and taking an easement in the land necessary for slopes, cuts and fills occasioned by the grading and paving of Wayzata St. from Woodbridge to Albemarle AND setting date of public hearing for January 22, 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 274190. Resolution approving the application of Richard Parr for relief taxes and assessments for property described in abatement file No. 96628. Adopted. Yeas 7 Nays - 0 C.F. No. 274191. Resolution approving $400,000. 11.625% U.S. Treasury Notes and $300,000. 9.75% \ U.S. Treasury Notes as collateral to protect public funds on deposit with the Commercial State Bank. Adopted. Yeas - 7 Nays - 0 C.F. No. 274192. Resolution approving premium rates submitted by Minnesota Mutual Life Insurance Company for optional employees pay coverages to be provided City and Independent School District #625 employees for the calendar 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 274193. Resolution approving premium rates submitted by the St. Paul Life Insurance Co. for Long Term Disability and Accidental Death and Dismemberment Insurance Coverages to be provided Ctiy"and Independent School District #625 employees for the calendar year 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 274194. Resolution approving premium rates submittedlby Coordinated Health Care, Inc. for Hospital and Medical Surgical Coverages to be provided City and Independent School District #625 employees for the calendar year 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 274195. Resolution approving premium rates submitted by Blue Cross and Blue Shield of Minnesota for Hospital and Medical Surgical Coverages to be provided City and Independent School District #625 employees for the calendar year 1980. Adopted. Yeas - 7 Nays - 0 C.F. No. 274196. Resolution approving premium rates submitted by Minnesota Mutual Life Insurance Co. for Optional Employee Pay Coverage on Spouse Insurance to be provided City and Independent School District #625 Employees for calendar 1980. Adopted. Yeas - 7 Nays - 0 27929 December 27th, 1979. C.F. No. 274197. Resolution approving premium rates submitted by Group Health Plan, Inc. for Hospital and Medical Surgical Coverages to be provided City and Independent School District 96625 employees for the calendar year 1980. Nays - 0 Adopted. C.F. No. 274198. Resolutin authorizing refund of $1,666.46 to Burlington Northern Inc. for street improvement assessment on Childs Road erroneously levied. Adopted. Yeas - 7 Nays - 0 C.F. No. 274199. Resoluitn authorizing $42,000. deposit into the general fund as settlement of the City's claim against the Independent School District 96625 for the services of Lt. Henry Winterhalter. Yeas - 7 Nays - 0 Adopted. C.F. No. 274200. Resolution approving the reappointments of Lanier Oxton and Norma Sommerdorf to the St. Paul Heritage Preservation CommissiOn. Adopted. Yeas - 7 Nays - 0 C.F. No. 274201. Resolution allocating $70,000. to establish a Cable Franchise Account and amending the 1980 Budget by transferring $70,000. from Contingent Reserve General to Cable TV Franchise Account. and said funds would be reimbursed at a later Councilman Hozza explained the resolution date. anuary he will go to Grosse Pointe, Michigan to visit their Councilman Tedesco said in J cable system which is partly municipally owned. Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. C.F. No. 274202. Resolution authorizing that the City draft an invitation for Cable TV Franchise applications, that the City retain the services of Cable Television Information Center, Inc. to assist in drafting the invitation and participate in the evaluation of the applications, form a: technical advisory group of City Depart - that the Chairman of the Energy Committee ments and Agencies, that the technical group and Cable Television Information Center work in cooperation to prepare the invitation for Council review and approval and that a public hearing be held on the invitation at 7:30 P.M. on February 5th, 1980. Councilwoman Hunt asked where in the process the question of public ownership will be discussed and she asked if the resolution would preclude this discussion or whether the consultant would consider the matter. Councilman Hozza said during February and early March the Council will explore alternative forms and CTIC will explore alternative forms as part of thecontrincluding twenty five Councilman Tedesco said he would like to see a partnership proposal per cent ownership by the City. plan at this point and there must Councilman Levine said he is not committed to any p be questions answered about municipal ownership and management contracts. Councilman Maddox said he thinks everybody is trying to get the most out of it for the City of St. Paul. At the question of Councilman Levine, Councilman Hozza said the application will require financial disclosure of applicants. Roll call on the resolution. Yeas - 7 Nays - 0 Adopted. C.F. No. 274203. ciation to Minneapolis Councilperson, Louis G. De Mars Resolution extending appre for his service and dedication and wishing best wishes for continued success in future endeavors. Adopted. Yeas - 7 Nays - 0 Councilwoman Hunt referred to a resolution that was referred to the Finance Committee involving the appointment of outside legal counsel in connection with the lawsuit commenced by the License Inspector and she said she does not onsideredtend.to hold a Finance Committee meeting on Monday and suggests that the matter be considered at the next City Council meeting. After some discussion it was agreed that the matter could be discussed at today's meeting and Councilwoman Hunt moved that the Nresolution be recalled from Committee. Adopted. \ 27930. December 27th,. 1979. The Council at this time was ordered recessed for five minutes and then recon- vened. C.F. No. 274204. Resolution appointing Theodore J. Collins, Ronald Patrick Smith, Robert T.White and Patrick H. O'Neill.as special counsel to represent Police Chief Rowan, Police Officers Dave Weida, James Fecky and John Voita in a lawsuit commenced by the License Inspector. Mr. Starr explained his request for special counsel and said he received a one month extension to file a response which expires in early January and that is the reason to consider the resolution as soon as possible. At this question of Councilman Tedesco, Mr. Starr said the City should defend these officers and employees and special and unusual circumstances.is the reason for the request for outside counsel. He also said he recommends that the compensation as provided in the resolution be set at $75.00 per hour. Councilman Maddox asked if there is an estimate on the top and bottom expense of this litigation and Mr. Starr indicated it could take two to•eighteen months and he could not give an estimate. Councilman Maddox asked what could be done to prevent future actions like this and Mr:: Starr said there is no way of prohibiting a conflict of interest and cases requiring outside counsel are infrequent. He sai3 the City could require the attorneys to file a certified statement of fees and Councilman Tedesco suggested that an explaination of fees be reported every thirty days. Councilman McMahon asked if an outside audit committee could be considered to review the attorney fees and Mr. Starr said the Bar Association has two committees which review this type of service. Councilman Hozza moved that the compensation of $75.00 per hour be inserted in the resolution and Councilman Tedesco moved that a thirty day report provision be included. Adopted. Yeas - 7 Nays - 0 Roll call on the resolution as amended. Adopted. Yeas - 7 Nays - 0 The meeting was thereupon adjourned. (11:15 A.M.) Council President. ATTEST' i Ciley Clerk. Copies sent to Councilmen Minutes approved by Council �o U ROLL IDENTIFICATION SHEET ROLL NUMBER DEPARTMENT DATE MICROFILMED 31340190 CONTENTS73 -sem /i%aTE S e F THE 670LGyd.-IL NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS NUMBER OR NAME OF LAST DOCUMENT MICROFILMED. SOL SIGNED D� ) CAMERA M R o - a OPERATOR CENTRAL SERVICES - MICROFILM REDUCTION2I• 1 EXPOSURE 13 (o L) IMAGE COUNT LABOR FOR FILMING CAMERA ORIENTATION eo SDN SiOE (MRC -4 & MRD -2 only IMAGE ORIENTATION: % CINES or COMIC DOCUMENT ORIENTATION DUPLEX or SIMPLEX C ADDITIONAL INFORMATION