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Approved Minutes 5-21-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 21, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:40 p.m. by Council President Thune. Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 CONSENT AGENDA Councilmember Harris moved approval of the Consent Agenda. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of April 16 and April 23, 1997, and May 14, 1997 Closed Door Session. Adopted Yeas - 7 Nays - 0 2. Claims of Arby's Restaurant, Travis Hardel, Derrick McCray, Mary Nelson, and U.S. Postal Service. Referred to Employee/Risk Management Division 3. Notice of Appeal from Summary Abatement Assessment in the matter of Hiawatha Acquisitions, L.L.C. vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against Stephen& Victor's, Inc., dba Benson's Bar, 1905 Stillwater Avenue, for lapse in liquor liability insurance. (Uncontested) 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Beaver Lounge, 756 Jackson Street. (Uncontested) 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Peter Amundson, dba Borgstrom Pharmacy, 990 Payne Avenue. (Uncontested) 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by DeGidio's Bar, 425 7th Street West. (Uncontested) May 21, 1997 City Council Summary Minutes Page 2 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Fuel Oil Service Co., dba Gas Plus, 525 Lafayette Road. (Uncontested) 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Governor's, 959 Arcade Street. (Uncontested) 10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Midway Enterprises, Inc., dba Hot Rods Bar& Grill, 1553 University Avenue West. (Uncontested) 11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Kim Hung Market, Inc., 459 University Avenue. (Uncontested) 12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Maureen E. Flores, dba La Cucaracha Restaurant, 36 Dale Street South. (Uncontested) 13. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Stanley Machovec, dba Machovec Food Market, 997 7th Street West. (Uncontested) 14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Sager, Inc., dba Rudy's Tin Cup, 1220 Rice Street. (Uncontested) 15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by BBB on Rice, Inc., dba Schally's, 1091 Rice Street. (Uncontested) 16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Grosvenor Properties, LTD., dba Sheraton Midway Hotel, 400 Hamlin Avenue North. (Uncontested) 17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Silver Mist Corp., dba Skarda's Liquors, 728 Armstrong Avenue. (Uncontested) 18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Spanky's Inc., dba Spanky's Bar& Grill, 825 Jefferson Avenue. (Uncontested) May 21, 1997 City Council Summary Minutes Page 3 19. Letter from the Office of the City Attorney announcing a public hearing before the City Council on May 28, 1997, concerning adverse action against cigarette license held by Avanti Petroleum, Inc., dba Total Mart#5418, 281 Snelling Avenue. (Uncontested) 20. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on May 28, 1997, to consider the application of the Housing and Redevelopment Authority/Dayton's Bluff NHS to rezone property from B-2 (community business)to RT-1 (residential)to allow construction of five single family homes at 688 East 3rd Street(southeast corner of 3rd and Maria) 21. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on May 28, 1997,to consider the application of the Housing and Redevelopment Authority/Dayton's Bluff NHS for a preliminary and final plat to allow property at 688 East 3rd Street(southeast corner of 3rd and Maria)to be subdivided into five lots for single family home development. 22. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on June 4, 1997, to consider the appeal of John Kratz to a decision of the Planning Commission denying a special condition use permit to allow cluster development with eight(8) dwelling units east of Lexington Parkway between Juliet and Palace Avenues. 23. Letters from Saint Paul Public Health declaring 1359 Blair Avenue, 774 Capitol Heights, 275 Harrison Avenue, 677 Kent Street, 395 Michigan Street, 915 Sherburne Avenue, and 846 Western Avenue North as "nuisance properties" and setting date of Legislative Hearings for June 3, 1997 and City Council Hearings for June 11, 1997. 24. Communication from Saint Paul Animal Control dated May 12, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 25. Administrative Orders: D001227 Deletion of$4,422.00 from the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. D001228 Authorizing payment of$10,002.00 for promotion costs for the Minnesota State High School Tournaments and WCHA. Noted as on file in the City Clerk's Office 26. Resolution- 97-533 - Approving the appointment of Rich O'Connor, by Mayor Coleman,to serve on the Saint Paul Civic Center Authority. (Laid over from May 14 for adoption) Adopted Yeas - 7 Nays - 0 27. Resolution- 97-534 -Approving the appointments, by Mayor Coleman, of the following individuals to serve on the Certificate of Competency Examining Boards: Richard Felber(Lather and Plasterer), Michael J. Connelly (Warm Air Heating and Ventilation), and Bill Daly (Refrigeration). (Laid over from May 14 for adoption) Adopted Yeas - 7 Nays - 0 May 21, 1997 City Council Summary Minutes Page 4 28. Resolution- 97-535 -Approving the 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. (Laid over from May 14 for adoption) Adopted Yeas - 7 Nays - 0 29. Resolution- 97-536 -Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 1997 wage and fringe re- opener. (Laid over from May 14 for adoption) Adopted Yeas - 7 Nays- 0 30. Resolution- 97-586 -Approving the reappointments of Paul Finsness and Robert Nardi,by Mayor Coleman,to the Truth-In-Sale of Housing Board of Evaluators. (To be laid over one week for adoption) Laid over to May 28 Yeas - 7 Nays - 0 31. Resolution- 97-587 -Approving the appointment of Councilmember Joseph Collins,by Mayor Coleman,to the Water Board of Commissioners. Adopted Yeas - 7 Nays - 0 32. Resolution- 97-588 -Accepting the report of the Saint Paul City Council Historic Preservation Housing Advisory Committee. Adopted Yeas - 7 Nays - 0 33. Resolution- 97-589-Approving 1997 budget revisions in the Department of License, Inspections and Environmental Protection. Adopted Yeas - 7 Nays - 0 34. Resolution- 97-590 - Transferring funds related to the workers' compensation function from the City Attorney's Office to the Risk Management Division of the Department of Technology and Management Services. Adopted Yeas - 7 Nays - 0 35. Resolution- 97-591 -Authorizing the Office of Financial Services to initiate all necessary action leading to the issuance of Water Revenue Refunding Bonds on June 11, 1997. Adopted Yeas - 7 Nays - 0 36. Resolution- 97-592 -Approving payment of$3,000.00 to Steven Shoals and Marc Kurzman, his attorney, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 37. Resolution- 97-593 - Accepting a contribution from the Amherst H. Wilder Foundation to fund expenses of three Parks and Recreation staff scheduled to visit a community school program in New York City. Adopted Yeas - 7 Nays - 0 38. Resolution- 97-594 - Establishing a budget for Capital Centre Plaza project. Adopted Yeas - 7 Nays - 0 May 21, 1997 City Council Summary Minutes Page 5 39. Resolution- 97-595 -Authorization to accept in-kind support from 3M for the Graffiti, Inc. Program. Adopted Yeas - 7 Nays - 0 40. Resolution- 97-596 - Extending interim Ordinance 95-350 to continue the regulation of drop-in centers until completion of studies. Adopted Yeas - 7 Nays - 0 41. Resolution- 97-597 - Revising parking regulations in the residential area in and around the Snelling- Selby commercial area. Adopted Yeas - 7 Nays - 0 42. Resolution Approving Assessment- 97-598 - In the matter of summary abatements (property clean- up, snow removal or sanding sidewalks) from February to April 1997, demolition of vacant buildings for February 1997,boardings-up of vacant buildings for February 1997, and boardings-up of vacant buildings for January 1997, and setting date of Legislative Hearing for July 15, 1997 and City Council Hearing for July 23, 1997. (File#J9707A, J9706C, J97061B, J9706B). Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 43. Resolution- 97-599 - Establishing a two-year phase-out of the special assessment for the annual operation and maintenance of Town Square Park Loft. Council President Thune stated there was a request for a one week layover on Items 43 and 44. Councilmember Harris moved to layover to May 28 Laid over to May 28 Yeas - 7 Nays - 0 44. Resolution- 97-600- Reducing the Town Square maintenance assessment for seven(7)property owners. Councilmember Harris moved to layover to May 28 Laid over to May 28 Yeas - 7 Nays - 0 45. Report by the Administration on the status of City of Saint Paul legislation. (Laid over from May 14) Bill Huepenbecker, Director of Intergovernmental Relations, and Mary-Helen Mische, Mayor's Office, appeared before the Council. Mr. Huepenbecker disseminated a legislative update and together with Ms. Mische reviewed the main issues at the Legislature: rebates,the tax bill, Tax Increment Financing laws, Workforce Development efforts, an automated camera system for traffic tickets, and Metro Regional Parks funding. Council President Thune asked if there could be a presentation on the camera system and Mr. Huepenbecker responded in the affirmative. May 21, 1997 City Council Summary Minutes Page 6 46. Staff recommendation on Disparity Study (Martha Larson, Director, Technology and Management Services) Councilmember Blakey moved to layover to June 25. Laid over to June 25 Yeas - 7 Nays - 0 ORDINANCES 47. Final Adoption- 97-52 -An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require permits for use of downtown parks for community festivals and special events. (Laid over from May 7) Council President Thune requested a four week layover. Several Councilmembers moved this request. Laid over to June 18 for final adoption Yeas - 7 Nays - 0 48. Second Reading - 97-564 -An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to Nuisance Abatement. Laid over to May 28 for third reading/public hearing 49. Second Reading - 97-565 -An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to zoning; cellular telephone amendments. Laid over to May 28 for third reading/public hearing 50. Second Reading - 97-566 -An ordinance amending Chapter 409 of the Saint Paul Legislative Code regarding temporary liquor licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 28 for third reading/public hearing 51. Second Reading - 97-567 -An ordinance amending Chapter 410 of the Saint Paul Legislative Code regarding temporary on-sale beer licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 28 for third reading/public hearing Council President Thune stated Items 52 through 55 would be laid over two weeks. 52. First Reading - 97-601 -An ordinance amending Chapter 106 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages within a sidewalk cafe on Harriet Island. Laid over to June 4 for second reading 53. First Reading - 97-602 -An ordinance amending Chapter 245 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. Laid over to June 4 for second reading May 21, 1997 City Council Summary Minutes Page 7 54. First Reading - 97-603 -An ordinance amending Chapter 246 of the Saint Paul Legislative Code expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. Laid over to June 4 for second reading 55. First Reading - 97-604 -An ordinance amending Chapter 409 of the Saint Paul Legislative Code to expand the area lying within the Downtown Business District for the purpose of sale and service of alcoholic beverages within a sidewalk cafe. Laid over to June 4 for second reading Councilmember Harris moved adjournment. . Yeas - 7 Nays - 0 • 111EDA A :06 ' David Th council President ATTEST: Minutes approved by Council Nancy Anderson __ \r� ‘ \t] Assistant Council Secretary rn