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Approved Minutes 6-9-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 9, 1999 - 3:30 - 5:00 P.M. PUBLIC HEARINGS 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived after the consent agenda) CONSENT AGENDA (Items 1 - 23) Nancy Anderson read a correction to Item#4 of the agenda as noted below. Councilmember Lantry requested Item#12 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 6 Nays- 0 FOR ACTION 1. Approval of minutes of May 5, 1999. Adopted Yeas - 6 Nays - 0 2. Claims of Patrick Weinberg and Barott William. Referred to the Employee/Risk Management Office 3. Letter from Gerry Strathman, Secretary to the City Council, to Mayor Coleman requesting two reports from the Administration to be presented at the City Council meeting on June 23, 1999, regarding consolidation of the Police and Fire Emergency Communications Centers, and a report on City activities directed toward the possible construction of a major league baseball stadium in St. Paul. (Amended on June 2) 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on July-3 June 23, 1999 to consider the application for a sound level variance by the Saint Paul Saints Baseball Club for a live music concert to be held on July 3, 1999, from 4:00 p.m. to 10:00 p.m. (Amended on June 2) 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on June 23, 1999, concerning adverse action against licenses held by Complete With Dirt Salvage Company, 872 Payne Avenue. (Uncontested) June 9, 1999 City Council Summary Minutes Page 2 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on June 23, 1999, concerning the license application of Frederico Cprtes, dba Fred's Auto Repair, 943 Maryland Avenue East. (Uncontested) 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on June 23, 1999, to consider the report of the Administrative Law Judge concerning the License Application of Abdulhadi K. Abrahim, dba Mona's for a 3.2 Malt Off-Sale License at 920 Selby Avenue. 8. Eminent Domain Petition in the matter of Independent School District #625 acquisition of 718 and 772 York Avenue. Referred to the City Attorney's Office 9. Resolution - 99-483 - Approving the Memorandum of Understanding between the City of Saint Paul and the Tri-Council Laborers Local 132. (To be laid over one week for adoption) Laid over to June 16 for adoption 10. Resolution - 99-484 - Approving the January 1, 1998 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. (To be laid over one week for adoption) Laid over to June 16 for adoption 11. Resolution - 99-485 - Approving the January 1, 1999 through December 31, 2000 Collective Bargaining Agreement between the City of Saint Paul and the St. Paul Supervisors Organization. (To be laid over one week for adoption) Laid over to June 16 for adoption 12. (Discussed after the consent agenda) June 9, 1999 City Council Summary Minutes Page 3 13. Resolution - 99-487 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 255 Summit Avenue, 2077 Commonwealth Avenue, 1388 Hewitt Avenue, 972 Ashland Avenue, 1439 Ashland Avenue, 1516 Ashland Avenue, 1703 Ashland Avenue, 1726 Ashland Avenue, 625 Chatsworth Street North, 1563 Charles Avenue, 1630 Concordia Avenue, 1562 Edmund Avenue, 284 Exchange Street South, 326 George Street West, 972 Goodrich Avenue, 1091 Goodrich Avenue, 1168 Grand Avenue, 1439 Grand Avenue, 1506 Grand Avenue, 1516 Grand Avenue, 1722 Grand Avenue, 2294 Highland Parkway; 496 Holly Avenue, 499 Lexington Parkway South, 876 Lincoln Avenue, 1990 Marshall Avenue, 1823 Portland Avenue, 1831 Portland Avenue, 1985 Portland Avenue, 1112 Randolph Avenue, 1130 Randolph Avenue, 1144 Randolph Avenue, 1500 Randolph Avenue, 1510 Randolph Avenue, 1240 St. Clair Avenue, 1248 St. Clair Avenue, 1923 St. Clair Avenue, 1665 Selby Avenue; 1447 Seventh Street East, 1511 Seventh Street West, 195 Snelling Avenue North, 277 Wilder Street North, 1607 Hewitt Avenue, 444 Page Street East, 578 Como Avenue, 174 Charles Avenue, 1784 Selby Avenue, and 1528 Grand Avenue. Adopted Yeas - 6 Nays - 0 14. Resolution - 99-488 - Finalizing City Council action taken May 26, 1999, revoking the auto repair garage license held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road. Adopted Yeas - 6 Nays - 0 15. Resolution - 99-489 - Recommending that $21 million of capital bonding be included in the Governor's 2000 Capital Budget request in order for the Como Zoo and Conservatory Education Resource Center to have a greater opportunity for approval in the 2000 Session. Adopted Yeas - 6 Nays - 0 16. Resolution - 99-490 - Revising paragraph four (4) of Civil Service Rule S.E. to read: "Upon notification of a candidate's intent to file an appeal, no appointments will be made from a promotion eligible list until the hearing decision has been made." Adopted Yeas - 6 Nays - 0 17. Resolution - 99-491 - Authorizing an extension, through April 30, 2002, of the term of Lease Agreement PD/17 of 3,385 square feet of office space at 1441 Rice Street for the North End Police Team Station. Adopted Yeas - 6 Nays - 0 June 9, 1999 City Council Summary Minutes Page 4 18. Resolution - 99-492 - Approving and authorizing the issuance of a grant to Frogtown Action Alliance, Inc. through the Great Northern Corridor Fund, Thomas-Dale District 7, Ward 1. Adopted Yeas - 6 Nays - 0 19. Resolution - 99-493 - Agreeing to hold Macalester College harmless for the City's use of their athletic track for youth track programs. Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 99-494 - In the matter of sidewalk reconstruction in Wards 1, 2, 5, and 6, and setting date of public hearing for July 28, 1999. (File #S99096-S99104) Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 99-495 - In the matter of sidewalk reconstruction on the south side of Juliet Avenue from South Hamline Avenue to South Syndicate Street at 1298, 1304 & 1306 Juliet Avenue; and both sides of Woodlawn Avenue from Ford Parkway to Highland Parkway, and setting date of public hearing for July 28, 1999. (File #S99105-S99106) Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 99-496 - In the matter of painting the skyway bridges in downtown, and setting date of public hearing for July 28, 1998. (File #18831) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 99-497 - In the matter of installation of a Fire Protection System at 656 Selby Avenue, and setting date of public hearing for July 14, 1999. (File #FP9801) Adopted Yeas - 6 Nays - 0 (Coleman arrived) 12. Resolution - 99-486 - Honoring the 50th Wedding Anniversary of Clement and Mary Kachelmyer on June 9, 1999. Councilmember Lantry introduced Mr. and Mrs. Kachelmyer and read the resolution recognizing them on their 50th Wedding Anniversary. Councilmember Lantry moved approval Adopted Yeas - 7 Nays - 0 June 9, 1999 City Council Summary Minutes Page 5 FOR DISCUSSION 24. Report from the Administration regarding the "Principles of Participation" by the Saint Paul Public Works! Alliance. (Report requested by the City Council on May 19, 1999) Joe Reid, Office of Financial Services, appeared. He stated that the Board met approximately three weeks prior to this meeting and discussed the Principles of Participation. Following that, the Board met with the Mayor and discussed the prospects of putting together a Labor-Management Committee to review the principles before comments are made officially to the Council on the Board's position. Shar Knutson of Trades and Labor was contacted to discuss that possibility and a meeting is scheduled with a group from Trades and Labor for further discussion. Mr. Reid suggested that the report be laid over 30 days and they would return in two weeks to present an interim report. Shar Knutson, Trades and Labor, appeared. She confirmed that Mr. Reid and Bob Sandquist, Fire, Support Services, attended a meeting of the St. Paul Works! Alliance the previous day and they discussed the creation of a Labor-Management Committee. Ms. Knutson said they are very serious about this issue and they want to make sure that they can do it and do it well. They talked and came up with many issues and many concerns about the committee itself. When the Administration meets the week of June 14, she said she feels they will want to participate in the process but they want to make sure that there are some safeguards in place. It's important to remember that a Labor-Management Committee, by their terms, is something where both sides are equal partners, where the decision-making is done through a consensus process and each side can select their representatives and their co-chairs and information can very freely be passed back and forth. It's a process that is very open and there is a lot of communication taking place, she said. When the decision is made, she said they will be eager to begin this process because enough time has gone by without Labor's participation and they want to be a true partner in this process. Councilmember Lantry questioned Mr. Reid about the mowing and trimming proposal in light of the formation of a Labor-Management Committee. Mr. Reid responded that the Administration would move forward on these. He said he feels they can learn a lot about the mowing process. The training for the costing and the bid preparation is something that they feel they need to know and would contribute to the work of the Labor-Management Committee. Members of that committee would participate in the training. He noted that there are no people in the mowing operation who are in danger of losing their jobs which was one of the main concerns. June 9, 1999 City Council Summary Minutes Page 6 Councilmember Benanav stated that the Council had a lot of questions and concerns previously regarding how the process will work. He said he felt the mowing and tree trimming should wait to be sure that all the issues that have been raised are discussed and resolved by the Labor-Management Committee. Mr. Reid responded that he did not think the tree trimming would take place within the next 30 days and they may not get to the bid stage of the grass mowing within the next 30 days, but they could get through the training and test out some of the training techniques. Council President Bostrom asked Phil Byrne, Assistant City Attorney, if it is possible for the Administration to unilaterally contract with a private contractor to take over the mowing without going through the Council for approval. Mr. Byrne responded that it was his understanding that on all City contracts, there must be authority for the contract and it has to be for a public purpose. Councilmember Blakey said he had been assured previously that nothing would go forward until everything was in order and he felt a clear answer was needed. Councilmember Benanav asked Mr. Reid if the Administration's position was similar to what Mr. Byrne indicated that any privatization has to be approved by the City Council. Mr. Reid responded that he was not sure but he would expect that anything of this significance would be brought to the Council. Councilmember Harris questioned if the Council annually approves the contractors for the paving projects, technical services, purchase of new computers, etc. He said he agrees with the partnership and moving forward together, but they need to be clear with what is happening. Mr. Reid said they want to move forward with some of the things that would make it a success. Harris said it needs to be kept in perspective that not every single expenditure that the City makes is coming before the Council. He said he felt a discussion was needed regarding what some of the principles are that have been put before the Council by the St. Paul Works! Alliance and some of the things that came out of Compete St. Paul. Councilmember Lantry said she felt there was some apprehension on the part of the St. Paul Works! Alliance. There is going to be a Labor-Management Committee to work on the issues, but it may not matter if the Administration is moving forward anyway. If there is going to be a true Labor-Management Committee, then good faith efforts need to be made on both sides. June 9, 1999 City Council Summary Minutes Page 7 Councilmember Benanav moved that the City not take any action on Compete St. Paul with regard to tree trimming, grass cutting, or any other City services until the Labor- Management Committee reports back to the Council and the Council approves the recommendations of the Committee. Joe Reid said he told representatives of the Union at a meeting that the Administration would not identify any other programs until the work of the Labor-Management Committee was completed. Also, the proposal for tree trimming will take from 30 to 60 days so it is unlikely that anything will move forward beyond the training, costing stage, etc. until then. Councilmember Coleman said it appears that there is so much uncertainty that this whole process would go better if the work of the committee is completed first and then go forward. Council President Bostrom suggested the discussion regarding training go forth because things may evolve during the process which could be different than just talking about the general concept, and there may be an opportunity to learn some things that could help with the final product. Councilmember Coleman asked if Bostrom was talking about a discussion about training or the actual training process that he wants to go forward over the next 30 days. Mr. Reid responded that they want to do both. They chose small projects because it would involve fewer people and there would be less investment in terms of consultant assistance, management and labor participation. They look at it as kind of a laboratory for how some of these things will work at a very low cost, and what is learned from that will feed back into Labor-Management. Shar Knutson said she had concerns about a "dual track." With Labor-Management, it takes a lot to come to a table and openly discuss issues and place trust. Passing the resolution would level the playing field for the committee, she said, because there would be fairness and trust would be elevated. Council President Bostrom requested that Phil Byrne, Assistant City Attorney, draft a resolution to address the issues raised and the resolution would be introduced prior to the start of the public hearings on this date. (See page 15) June 9, 1999 City Council Summary Minutes Page 8 The City Council meeting was recessed at 4:15 p.m. and the Housing and Redevelopment Authority (HRA) meeting was convened for consideration of the following resolution: Resolution Amending the 1999 HRA Budget for the Science Museum of Minnesota Project, District 17. Councilmember Harris moved approval as amended. Yeas - 7 Nays - 0 Councilmember Harris moved to adjourn the HRA meeting. Yeas - 7 Nays - 0 Councilmember Coleman moved to reconvene the City Council meeting Yeas - 7 Nays - 0 25. Resolution - 99-465 - Approving a budget amendment to the City's contribution to the Science Museum of Minnesota project. (Laid over from June 2) Joe Reid, Office of Financial Services, presented a substitute resolution that would obligate the City to re-pay the $4 million by December 31, 1999. Phil Byrne, Assistant City Attorney, presented a substitute page 1 of the resolution. Councilmember Harris moved to introduce the substitute resolution and approval. Substitute introduced and adopted as amended Yeas - 7 Nays - 0 26. Report from the Division of Parks and Recreation on the Initial Lease Term and any Extended Lease Terms regarding the Saint Paul Yacht Club's performance on the specific provisions contained in Lease Agreement paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21. (Requested by the Council on April 7, 1999, C.F. 99-306) (Laid over from June 2) (Reiter left and returned) Mike Hahm, Division of Parks and Recreation, appeared. He indicated that a report from Vic Wittgenstein, Interim Director of Parks and Recreation, regarding the lease for the Saint Paul Yacht Club was distributed earlier Councilmember Harris asked if the old boats will be removed by June 10, 1999. Mr. Hahm responded that as of June 8 there were approximately 30 boats still on the property. The two boats that were in the lower harbor and in disrepair have been removed. The other boats that are in need of repair will be repositioned to a different portion of the yard. Councilmember Coleman requested that Mr. Hahm keep the Council advised of the situation with the boats. June 9, 1999 City Council Summary Minutes Page 9 27. Report from the Director of the Department of Planning and Economic Development on recommendations for developing an annual competitive process for awarding the City's allocation of Federal Low Income Housing Tax Credits and the STAR Board Review Process. (Requested by the Council on April 21, 1999, C.F. 99-360) (Laid over from June 2) Brian Sweeney, Acting Director of the Department of Planning and Economic Development, appeared. He stated that on this date a recommendation was received for the specific federal low-income housing tax credit proposals. There were questions regarding the criteria that was utilized and whether or not the proper marketing was taking place for enough developers to be aware of the process. Mr. Sweeney said PED would be willing to review the criteria that was utilized in making the decisions. The restraints they have relate to the federal laws and regulations that they must abide by. There are also issues of making developers more aware, being more aggressive, and marketing the program so more proposals are received than in this round. PED is beginning another process this year and in July they will have an outreach to put the proposals out for developers to respond to. ORDINANCES 28. Final Adoption - 99-395 - An ordinance to establish a distance limitation between establishments licensed to sell 3.2 percent malt liquor at off-sale. (Substitute introduced on May 26) (Laid over from June 2) Phil Byrne, Assistant City Attorney, stated that at the previous week's meeting, concerns were raised about grandfathering locations and about Cub and Rainbow stores. Councilmember Coleman had suggested using proximity and concentration as one of the factors that the Council could use in determining whether or not to deny a license. A draft ordinance was prepared by the City Attorney's Office addressing these issues. Mr. Byrne said it would give the Council a fair amount of flexibility in determining when over- concentration would be a problem and when it would not. Councilmember Blakey moved to introduce the substitute ordinance and lay over one week. Substitute introduced and laid over to June 16 Yeas - 7 Nays - 0 29. Final Adoption - 99-416 - An ordinance finalizing City Council action approving the application of Michael Nadeau to rezone property at 377 West Maryland Avenue from B-3 to R-4 to reflect current use of the property. (Laid over from June 2) Councilmember Reiter moved approval. Adopted Yeas - 7 Nays - 0 June 9, 1999 City Council Summary Minutes Page 10 30. Second Reading - 99-474 - An ordinance amending Chapter 34 of the Legislative Code to remove obsolete references to the "Uniform Building Code" and changing these references to the "State Building Code." Laid over to June 23 for third reading/public hearing 31. First Reading- 99-498 - An ordinance amending Chapter 101 of the Saint Paul Administrative Code to permit more than one alternate commissioner to serve at one time. Laid over to June 16 for second reading 32. First Reading - 99-499 - An ordinance amending Chapter 278 of the Saint Paul Legislative Code; citing the fee for a gambling hall license to Chapter 310. Laid over to June 16 for second reading 33. First Reading - 99-500 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code changing license classifications from I, II, and III to "R" for routinely issued licenses, "T" for temporary licenses, and"N" for licenses in which neighbors are required to be notified; also amending several license fees and modifying license categories to reflect enforcement costs. Councilmember Harris moved to introduce a substitute ordinance. Substitute introduced and laid over to June 16 for second reading 34. First Reading - 99-501 - An ordinance amending Chapter 316 of the Saint Paul Legislative Code; citing the fee for manufacturing and distributing of animal foods license. Laid over to June 16 for second reading 35. First Reading - 99-502 - An ordinance amending Chapter 321 of the Saint Paul Legislative Code; citing the fees for rooming and boarding houses to Chapter 310 and changing the chapter title to Rooming and Boardinghouses. Laid over to June 16 for second reading 36. First Reading - 99-503 - An ordinance amending Chapter 322 of the Saint Paul Legislative Code; citing the fee for billiard or pool tables and bowling centers to Chapter 310. Laid over to June 16 for second reading 37. First Reading - 99-504 - An ordinance amending Chapter 325 of the Saint Paul Legislative Code; citing the fee for close out sales license to Chapter 310. Laid over to June 16 for second reading June 9, 1999 City Council Summary Minutes Page 11 38. First Reading - 99-505 - An ordinance amending Chapter 327 of the Saint Paul Legislative Code; altering the title to accurately describe the various dry cleaning licenses and citing the fees for the licenses to Chapter 310. Laid over to June 16 for second reading 39. First Reading - 99-506 - An ordinance amending Chapter 331 of the Saint Paul Legislative Code; citing the fee for licenses included in Chapter 331 to Chapter 310. Laid over to June 16 for second reading 40. First Reading - 99-507 - An ordinance amending Chapter 341 of the Saint Paul Legislative Code; adding "Plant/Service" to the title of the chapter to accurately describe the chapter and licenses and including the proper title of the department of public health within the chapter's text. Laid over to June 16 for second reading 41. First Reading - 99-508 - An ordinance amending Chapter 344 of the Saint Paul Legislative Code; citing the fee for the pawn shop initial investigation fee to Chapter 310. Laid over to June 16 for second reading 42. First Reading - 99-509 - An ordinance amending Chapter 345 of the Saint Paul Legislative Code; citing the fee for peddler, solicitor and transient licenses to Chapter 310. Laid over to June 16 for second reading 43. First Reading - 99-510 - An ordinance amending Chapter 353 of the Saint Paul Legislative Code; citing the fee for a roller rink license to Chapter 310. Laid over to June 16 for second reading 44. First Reading - 99-511 - An ordinance amending Chapter 354 of the Saint Paul Legislative Code; deleting all references to a sanitary disposal license, except for the vehicle license, to comply with State law. Laid over to June 16 for second reading 45. First Reading - 99-512 - An ordinance amending Chapter 357 of the Saint Paul Legislative Code; citing the fee for solid waste and related licenses to Chapter 310. Laid over to June 16 for second reading 46. First Reading - 99-513 - An ordinance amending Chapter 359.03 of the Saint Paul Legislative Code; citing Chapter 310 for the fees for Broadcast Vehicles. Laid over to June 16 for second reading June 9, 1999 City Council Summary Minutes Page 12 47. First Reading - 99-514 - An ordinance amending Chapter 360 of the Saint Paul Legislative Code; citing Chapter 310 for the fee of Public Swimming Pools license. Laid over to June 16 for second reading 48. First Reading - 99-515 - An ordinance amending Chapter 362 of the Saint Paul Legislative Code; citing the fee for a tree trimming license to Chapter 310. Laid over to June 16 for second reading 49. First Reading - 99-516 - An ordinance amending Chapter 363 of the Saint Paul Legislative Code; citing the fee for a vending machine license to Chapter 310. Laid over to June 16 for second reading 50. First Reading - 99-517 - An ordinance amending Chapter 364 of the Saint Paul Legislative Code; citing the fee for a veterinary hospital license to Chapter 310. Laid over to June 16 for second reading 51. First Reading - 99-518 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code; citing the fee for a tattoo parlor license to Chapter 310. Laid over to June 16 for second reading 52. First Reading - 99-519 - An ordinance amending Chapter 374 of the Saint Paul Legislative Code; citing the fee for a food salvage license to Chapter 310. Laid over to June 16 for second reading 53. First Reading - 99-520 - An ordinance amending Chapter 377 of the Saint Paul Legislative Code; citing the fee for lawn fertilizer and pesticide application to Chapter 310. Laid over to June 16 for second reading 54. First Reading - 99-521 - An ordinance amending Chapter 382 of the Saint Paul Legislative Code; changing the title to Pet Grooming Facilities to more accurately describe the business and license. Laid over to June 16 for second reading 55. First Reading - 99-522 - An ordinance amending Chapter 401 of the Saint Paul Legislative Code; citing Chapter 310 for the fees for a Motor Vehicle and Parts Dealer License. Laid over to June 16 for second reading June 9, 1999 City Council Summary Minutes Page 13 56. First Reading - 99-526 - An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul Legislative Code; citing Chapter 310 for fees of licenses; waiving fees for government agencies. Laid over to June 16 for second reading 57. First Reading - 99-527 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code; citing Chapter 310 for the fee for a non-intoxicating malt liquor license. Laid over to June 16 for second reading 58. First Reading - 99-528 - An ordinance amending Chapter 415 of the Saint Paul Legislative Code; citing Chapter 310 for the fees for theatre licenses. Laid over to June 16 for second reading 59. First Reading - 99-529 - An ordinance amending Chapter 420 of the Saint Paul Legislative Code; citing the fee for a scrap metal processor license to Chapter 310. Laid over to June 16 for second reading 60. First Reading - 99-530 - An ordinance amending Chapter 422 of the Saint Paul Legislative Code; citing the fee for a motor vehicle salvage dealer to Chapter 310. Laid over to June 16 for second reading 61. First Reading - 99-531- An ordinance amending Chapter 424.02 of the Saint Paul Legislative Code; changing the title to "Gas Stations" and citing the fee for the license to Chapter 310. Laid over to June 16 for second reading 62. First Reading - 99-532 - An ordinance amending Chapter 426 of the Saint Paul Legislative Code; citing the fee for cabaret licenses to Chapter 310. Laid over to June 16 for second reading 63. First Reading - 99-533 - An ordinance amending Chapter 427 of the Saint Paul Legislative Code; citing the fee for health/sports club license to Chapter 310. Laid over to June 16 for second reading 64. First Reading - 99-534 - An ordinance amending Chapter 427A of the Saint Paul Legislative Code; citing the fee for an adult health/sports club license to Chapter 310. Laid over to June 16 for second reading 65. First Reading - 99-535 - An ordinance amending Chapter 428 of the Saint Paul Legislative Code; citing the fee for a steam room/bath house license to Chapter 310. June 9, 1999 City Council Summary Minutes Page 14 Laid over to June 16 for second reading 66. First Reading - 99-536 - An ordinance amending Chapter 429 of the Saint Paul Legislative Code; citing the fee for an infectious waste processing facility license to Chapter 310. Laid over to June 16 for second reading Suspension Items Councilmember Benanav moved for suspension of the rules and approval of the following resolution: Resolution - 99-546 - Authorizing payment up to $150.00 from City Council funds to the Hamline University Law and Graduate School Mediation Center for Dispute Resolution to facilitate a discussion of the proposed changes in the walkways at Newell Park between representatives from the Division of Parks and Recreation, the Hamline Midway Coalition and individuals objecting to the proposed changes. Adopted Yeas - 7 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99-547 - Waiving the 45-day notice requirement for issuance of Wine On- Sale, Malt On-Sale and Restaurant-B licenses for Chipotle Mexican Grill, LLC, dba Chipotle, 2082 Ford Parkway. Adopted Yeas - 7 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99-548 - Congratulating Joe Collins, City employee, on his recent graduation from William Mitchell Law School and declaring Sunday, June 13, 1999, as Joe Collins' Day in the City of Saint Paul. Adopted Yeas - 7 Nays - 0 Councilmember Blakey requested that the Intergovernmental Relations Staff present a legislative update to the City Council at the June 23, 1999, meeting. The meeting was recessed from 4:40 - 5:33 p.m. Roll Call: Present - 6 Absent - 1 (Harris) June 9, 1999 City Council Summary Minutes Page 15 (Continuation of Item #24) Councilmember Benanav moved for suspension of the rules and approval of the following resolution: (Harris arrived) Resolution - 99-549 - Requesting that the Mayor put on hold any further actions to implement Compete St. Paul for tree-trimming and grass-mowing until such time as the labor-management committee, or administration and St. Paul Works Alliance separately, report to the Council on August 4, 1999, on the progress made . Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 67. Resolution - 99-421 - Concerning adverse action against the application for an Auto Body Repair Shop License by Richard Diaz, dba Rick Diaz Auto Services, 933 Atlantic Street. (Uncontested) (Laid over from May 26) Councilmember Harris moved to withdraw the resolution at the request of the City Attorney's Office. Withdrawn Yeas - 7 Nays - 0 68. Resolution - 99-537 - Ordering the owner to remove or repair the building at 1047 Arcade Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be given six months to complete the rehabilitation provided the vacant building fee is paid and a $2,000 bond is posted by noon on June 23, 1999) (This item will be laid over to June 23 for a public hearing) Councilmember Harris moved to lay over two weeks. Laid over to June 23 for public hearing Yeas - 7 Nays - 0 69. Resolution - 99-538 - Ordering the owner to remove or repair the building at 20 Douglas Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 June 9, 1999 City Council Summary Minutes Page 16 70. Resolution Ratifying Assessment - 99-539 - In the matter of summary abatement (property cleanup during January 1999 for property at 805 Central Avenue West. (File #J9901A2, 9827) (Laid over from May 5) (Legislative Hearing Officer recommends the assessment be reduced to $90.00 for trash disposal, $10.00 for tire disposal and payment of the $40.00 administrative fee for a total payment of$140.00) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 71. Appeal of Donald Drouin Jr. to a Summary Abatement Order for property at 1183 Arkwright Street. (Legislative Hearing Officer recommends laying over to the July 6 Legislative Hearing and July 14 City Council meeting) Councilmember Reiter moved to lay over to July 14. Laid over to July 14 Yeas - 7 Nays - 0 72. Final Order - 99-314 - In the matter of condemning and taking a permanent roadway easement to improve the intersection of White Bear Avenue and Minnehaha Avenue. (File #18895E) (Laid over from May 12) Councilmember Lantry moved to lay over to July 7. Laid over to July 7 Yeas - 7 Nays - 0 73. Final Order - 99-540 - In the matter of sidewalk construction and/or reconstruction on the east side of South Snelling Avenue from Ford Parkway to Highland Parkway. (File #S99023) (Laid over from May 26) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 74. Final Order - 99-541 - In the matter of sidewalk reconstruction on both sides of Englewood Avenue from North Lexington Parkway to North Oxford Street. (File #S99030) (Laid over from June 2) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 June 9, 1999 City Council Summary Minutes Page 17 75. Final Order - 99-542 - In the matter of sidewalk reconstruction on both sides of East Geranium Avenue from Abell Street to Jackson Street. (File #S99050) (Laid over from June 2) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 76. Final Order - 99-543 - In the matter of sidewalk reconstruction in various areas of Ward 1. (File #S99055-S99064) Mike Richie, representing New Spirit Charter School, appeared on File #S99056. He stated that the school is in the process of executing a purchase agreement with St. Adalbert's Church which is in the block in question. Renovation will be done on the school and the side of the street where sidewalk reconstruction is scheduled is the same side where a curb cut will be requested for the school. Jerry Tvedt, Department of Public Works, stated that staff will work with the school to coordinate the work. An unidentified person appeared on behalf of the property owners of 540 North Hamline, File #S99059, and stated that they received an incorrect price quote. Mr. Tvedt provided the person with the correct rate. George Mitchell, 399 Thomas Avenue, questioned why everyone on the block did not receive a notice. Peter White, Real Estate Division, responded that they will only be replacing the panels that need replacing and those property owners would be the only ones to receive a notice. Jerry Tvedt suggested laying over S99064 in order for staff to meet with neighbors. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 (S99064 - Both sides of Thomas Avenue from Arundel Street to North Western Avenue - laid over to June 23) June 9, 1999 City Council Summary Minutes Page 18 77. Final Order - 99-544 - In the matter of sidewalk reconstruction in Ward 2 on both sides of Randolph Avenue from View Street to Bay Street; in Ward 3 on the west side of Davem Street from Norfolk Avenue to south 135 feet; the east side of Edgcumbe Road from St. Paul Avenue to Field Avenue and the west side of Edgcumbe Road from Sheridan Avenue to the railroad tracks; and in Ward 4 on the west side of North Hamline Avenue from Sherburne Avenue to Thomas Avenue. (File #S99065-S99068) No one appeared in opposition; Councilmember Coleman requested #S99065 be laid over two weeks. Councilmember Harris moved to close the public hearing and approval as amended. Adopted as amended Yeas - 7 Nays - 0 (S99065 - Both sides of Randolph Avenue from View Street to Bay Street - laid over to June 23) 78. Final Order - 99-545 - In the matter of sidewalk reconstruction in Ward 6 on both sides of Ames Avenue from Van Dyke Street to North Hazel Street; the south side of East Maryland Avenue from Hazelwood Street to Herbert at 1624 East Maryland Avenue only; and both sides of Mechanic Avenue from Van Dyke Street to North Hazel Street; in Ward 7 on both sides of East Fourth Street from North Howard Street to North McKnight Road; and both sides of East Third Street from English Street to Clarence Street. (File #S99069- S99073) Joe Kelly, 1346 East Third Street, appeared. He stated that in 1991 when Third Street was re-paved, half of his sidewalk was replaced at that time and he questioned why it was being replaced at this time. Jerry Tvedt, Department of Public Works, suggested a two week layover in order for staff to visit the site. Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended Yeas - 7 Nays - 0 (S99073 - Both sides of East Third Street from English Street to Clarence Street - laid over to June 23) 79. Public hearing to consider the report of the Administrative Law Judge concerning the Currency Exchange License Application of Curt R. Potts and James C. Erickson, dba Endeavor Financial, Inc. for the premises at 577 University Avenue. Virginia Palmer, Office of the City Attorney, representing the Office of License, Inspections and Environmental Protection (LIEP) presented a staff report. She noted that noone appeared at the All hearing and, based upon that, she requested that the Council adopt the recommendation of the Administrative Law Judge and his report in its entirety. June 9, 1999 City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approve the ALJ report. Adopted Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge Yeas - 7 Nays - 0 Councilmember Harris moved to adjourn the meeting. ADJOURNED AT 5:501.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anddrn o� \`*`'ll Assistant Council Secretary mce