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Minutes 10-11-1995Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 11th, 1995 - 3:30 PNI CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266 -8565 Office of the City Council Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 6 - Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune Absent - 1 - Councilmember Grimm (Excused) CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of July 12, 1995, meeting. Adopted Yeas - 6 Nays - 0 2. Claims of Chelena and Alvin Black, Marian W. Brown, Kindra Ann Egge, Mary L. Engeseth, Arthur C. Lensegrav, David R. Ludwigson (for Marlon Henderson), Donald A. Stoddard, John T. Treanor, Lance Wascom, and Wayne Concrete, Inc. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 2 of 10 3. Summons and Complaint in the matter of Aimee Beth Hagen and Christopher Thomas Hagen vs. the City of St. Paul. Referred to the City Attorney's Office 4. Amended Complaint in the matter of John Patrick Cole vs. the City of St. Paul, et al. Referred to the City Attorney's Office 5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on October 12, 1995, 9:30 a.m., Room 40 -A, St. Paul City Hall concerning adverse action against licenses held by The Mao Family Corp., dba Wolter Brothe rs Pharmacy & Liquor, 438 University Avenue West. 6. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing before an Administrative Law Judge on October 13, 1995, 9:30 a.m., St. Paul City Hall, Room 41, concerning the application for a currency exchange license by Check Cashing Place, Inc., 785 East 7th Street. 7. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing before an Administrative Law Judge on October 13, 1995, 9:30 a.m., St. Paul City Hall, Room 41, concerning the application for a currency exchange license by Unbank Company, 467 -469 St. Peter Street. 8. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing before an Administrative Law Judge on October 13, 1995, 9:30 a.m., St. Paul City Hall, Room 41, concerning the application for a currency exchange license by Unbank Company, 1098 University Avenue. 9. Letter from the Division of Public Health declaring 879 Sims Avenue as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 10. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 18, 1995, to consider the application of Manhattan on Grand (Alan Chazin Homes) for a combined preliminary and final plat to allow the individual sale of 12 new townhomes at 2005 -2027 Grand Avenue (north side between Cleveland Avenue and Prior Avenue). 11. Communication from St. Paul Animal Control dated October 2, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 12. Administrative Orders: . D00661 Addition of $6,523 to the contract for Jimmy Lee Recreation Center Play Area. . D00662 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting the conference for clerical support staff on September 26 and 27, 1995. . D00663 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper accounting for refunds for rental of the Conservatory for weddings. . D00664 Amending the budget of the Community Development Block Grant (CDBG) fund by transferring funds from completed CDBG funded projects to the CDBG contingency fund and two fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 3 of 10 administrative activities. . D00665 Addition of $47,507 to the contract for hazardous material abatement at the Civic Center. . D00666 Addition of $933 to the contract for installation of an air conditioning system in the gymnasium at West Minnehaha Recreation Center. . D00667 Addition of $3,394 to the contract for the Arcade and Case, and Grand and Snelling Municipal Parking Lots. . D00668 Addition of $8,865.47 to the contract for 1994 inflow and infiltration corrections. . D00669 Approving payment of less than $500 to a private resident for providing water for trees, flowers and sod at North High Bridge Park. . D00670 Addition of $9,928.70 to the contract for St. Paul Civic Center Expansion, CP -I demolition, excavation and bridge construction. Noted as on file in the City Clerk's Office 13. Resolution - 95 -1133 - Approving the May, 1994 to April, 1997 Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110. (Laid over from October 4 for adoption) Adopted Yeas - 6 Nays - 0 14. Resolution - 95 -1173 - Approving the May, 1995 to April, 1998 Agreement between the City of Saint Paul and the Minnesota Statewide District Council of Carpenters. (Laid over from October 4 for adoption) Adopted Yeas - 6 Nays - 0 15. Resolution - 95 -1174 - Approving the May, 1995 - April, 1998 Agreement between the City of Saint Paul and the International Brotherhood of Painters and Allied Trades, Local 61. (Laid over from October 4 for adoption) Adopted Yeas - 6 Nays - 0 16. Resolution - 95 -1175 - Approving the 1994 Memorandum of Agreement between the City of Saint Paul and the International Brotherhood of Painters and Allied Trades, Local 61. (Laid over from October 4 for adoption) Adopted Yeas - 6 Nays - 0 17. Resolution - 95 -1176 - Approving the 1994 Memorandum of Agreement between the city of Saint Paul and the Carpenters District Council of Southern Minnesota. (Laid over from October 4 for adoption) Adopted Yeas - 6 Nays - 0 18. Resolution - 95 -1204 - Approving payment of $12,000 to Holga Martinez in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 19. Resolution - 95 -1205 - Approving payment of $3,858.12 to Toua Vang in full settlement of his claim against the City of Saint Paul. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 4 of 10 Adopted Yeas - 6 Nays - 0 20. Resolution - 95 -1206 - Requesting the Department of Public Works to develop a comprehensive construction management plan for all major construction projects including public notification of all aspects of the project, community input, traffic and pede strian management plans, a communications director available to the public, and a penalty structure for contractors. Referred to City Operations Committee Yeas - 6 Nays - 0 21. Resolution - 95 -1207 - Approving payment of Hotel /Motel collections to the Convention and Visitors Bureau. Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 95 -1208 - In the matter of street improvements for the Como /Valentine Area Paving and Lighting Project, and setting date of public hearing for December 6, 1995. (File 418804) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 95 -1209 - In the matter of construction of storm sewer connections, sanitary sewer connections and water connections at the property owner's request in conjunction with the Como /Valentine Are Residential Street Paving Program, and setting date of public hearing for December 6, 1995. (File 418804 -Conn) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 95 -1210 - In the matter of improving the following streets for the Lafond /Grotto Residential Street Paving Project: Blair Avenue, Grotto to Dale; Lafond Avenue, Grotto to Dale, Edmund Avenue, Victoria to Dale; Charles Avenue, Victo ria to Dale; Sherburne Avenue, Victoria to Dale; Avon Street, University to Thomas; Grotto Street, University to Thomas; and St. Albans Street, University to Van Buren, and setting date of public hearing for December 6, 1995 Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 95 -1211 - In the matter of construction of storm sewer connections, sanitary sewer connections and water connections, at the property owner's request, in conjunction with the Lafond /Grotto Area Residential Street Paving Program, an d setting date of public hearing for December 6, 1995. (File 418808) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 26. Resolution - 95 -1078 - Establishing the rate of pay for Library Associate in the Salary Plan and Rates of Compensation Resolution. (Laid over from September 13) Laid over to November 8 Yeas - 6 Nays - 0 27. Resolution - 95 -1185 - Authorizing proper City officials to execute an agreement between the City and the Minnesota Department of Transportation pertaining to the Environmental Impact Study of Ayd Mill Road. (Laid over from October 4) Adopted Yeas - 6 Nays - 0 28. Resolution - 95 -1186 - Amending the 1992 Capital Improvement Budget to include $300,000 of State of Minnesota funding for the Ayd Mill Road Environmental Impact Study. (Laid over from October 4) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 5 of 10 29. Administrative Order: . D00648 Amending the 1995 budget in the Executive Administration - Budget Office by establishing the spending plan for the Information Technology Leadership Project as part of the Innovations Team budget. (Laid over from October 4) Noted as on file in the City Clerk's Office 30. Resolution - 95 -1212 - Transferring $8,400 from City Council Contingency to Police Overtime in order to staff traffic enforcement efforts for the Safe and Sober Traffic Safety Campaign. Adopted Yeas - 6 Nays - 0 ORDINANCES 31. Second Reading - 95 -1190 - An ordinance amending the Saint Paul Legislative Code Section 45.08 to provide for the assessment and collection of reasonable attorney's fees and other such fees as may be incurred in the "substantial abatement" of public nuisances. Laid over to October 18 for third reading /public hearing 32. First Reading - 95 -1213 - An ordinance designating the alley bounded by Cleveland Avenue to the east, Ford Parkway to the south, Finn Street to the west and Pinehurst Avenue to the north as a one -way alley (westbound) Laid over to October 18 for second reading PUBLIC HEARINGS 33. Third Reading - 95 -1139 - Amending Chapter 18, of the Legislative Code relating to Legislative Hearing Officer, by allowing tenants the right to appeal enforcement orders. Laid over to October 18 for final adoption 34. Third Reading - 95 -1140 - Amending Sections 60.201, 60.207, 60,208, 60.412, 62.102, 63.103, 65.211 through 65.214, 65.221 through 65.225, 65.231 through 65.234 and 65.241 through 65.244 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to October 18 for final adoption 35. Third Reading - 95 -1141 - Finalizing City Council action taken on September 13, 1995, approving the petition of Greg Ekbom to rezone property located at 479 West 7th Street from RT -2 to B -2 to allow expansion of an existing restaurant. (Public heari ng was held September 13, 1995) Laid over to October 18 for final adoption 36. Resolution - 95 -1214 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1594 East Reaney Avenue, 855 West 7th Street, and 1070 Albemarle Street. Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 37. Resolution - 95 -1099 - Order the owner(s) to remove or repair the building at 647 Farrington Avenue within fifteen (15) days from adoption of resolution. (Laid over from September 13) (Legislative Hearing Officer recommends laying over to the Octobe r 17 Legislative Hearings) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 6 of 10 Adopted (Remove or repair within 15 days) Yeas - 5 Nays - 0 (Guerin not present for vote) 38. Resolution - 95 -1148 - Ordering the owner(s) to remove or repair the building at 1061 Desoto Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 27) Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 39. Resolution - 95 -1215 - Ordering the owner(s) to remove or repair the building at 338 Duke Street within fifteen (15) five (5) days from adoption of resolution. (Legislative Hearing Officer recommends amending the resolution from 15 days to 5 days for removal) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 (Guerin not present for vote) 40. Resolution - 95 -1216 - Ordering the owner(s) to remove or repair the building at 780 Edmund Avenue within (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 41. Resolution - 95 -1217 - Ordering the owner(s) to remove or repair the building at 1820 Seventh Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 42. Resolution - 95 -1218 - Ordering the owner(s) to remove or repair the building at 473 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitati on contingent on obtaining the code compliance inspection and posting appropriate bonds by the October 11, 1995, City Council meeting) Laid over to November 8 Yeas - 6 Nays - 0 43. Resolution - 95 -1219 - Ordering the owner(s) to remove or repair the building at 922 Westminster Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing a three month extension to complete rehabil itation contingent on posting appropriate bonds, payment of vacant building fee, and obtaining new permits by the October 11, 1995, City Council meeting) Adopted (Remove or repair within 15 days) Yeas - 6 Nays - 0 44. Resolution Ratifying Assessment - 95 -1220 - In the matter of summary abatements for May and June 1995 for properties at 735 Cook Avenue East and 1749 Carroll Avenue (J9509AAA) and to collect expenses involved for towing abandoned vehicles from January to May 1995 from properties at 1678 Manton Street, 1641 Hewitt Avenue and 604 Jessamine Avenue East (J9509VV). (Laid over from September 27) (Legislative Hearing Officer recommends approval with the following exception: 1678 Manton Street be laid over to the October 17 Legislative Hearings) Adopted with the following amendments: 1678 Manton Street - Laid over to October 25 Yeas - 6 Nays - 0 1749 Carroll Avenue - Assessment deleted Yeas - 5 Nays - 0 (Harris not present for vote) 45. Resolution Approving Assessment - 95 -1221 - In the matter of boardings -up of vacant buildings for June 1995 (J951 113), and summary abatements for summer 1995 (May through August 7) (J9510TDBC). (Legislative Hearing Officer recommends approval with the following exceptions: fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 7 of 10 1164 Kennard Street - delete assessment 1129 Ross Avenue - approve assessment and spread payments over five years 1601 Thomas Avenue - delete assessment Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 (Harris not present for vote) 46. Resolution - 95 -1033 - Ratifying 1995 street and alley service charges. (Laid over from August 30) Adopted as amended Yeas - 6 Nays - 0 (Councilmember Rettman was not present on the votes for Items 47 through 73) 47. Resolution - 95 -1222 - Ratifying Town Square service charges for July 1, 1995, through June 30, 1996. (File 418113 -95) Adopted Yeas - 5 Nays - 0 48. Final Order -95 -1223 - In the matter of the operation of the Above Standard Street Lighting System for the Lowertown Area for January through December 1996. (File 418321) Adopted Yeas - 5 Nays - 0 49. Final Order - 95 -1224 - In the matter of the operation of the Above Standard Street Lighting System for the Selby- Western Area for January through December, 1996. (File 418336) Adopted Yeas - 5 Nays - 0 50. Final Order - 95 -1225 - In the matter of the operation of the Above Standard Street Lighting System for the Ford - Cleveland Area for January through December, 1996. (File 418390) Adopted Yeas - 5 Nays - 0 51. Final Order - 95 -1226 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -East I Area for January through December 1996. (File 418392) Adopted Yeas - 5 Nays - 0 52. Final Order - 95 -1227 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -West Area for January through December 1996. (File 418423) Adopted Yeas - 5 Nays - 0 53. Final Order - 95 -1228 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -East II Area for January through December 1996. (File 418425) Adopted Yeas - 5 Nays - 0 54. Final Order - 95 -1229 - In the matter of the operation of the Above Standard Street Lighting System for the North Wabasha Area for January through December, 1996. (File 418430) Adopted Yeas - 5 Nays - 0 55. Final Order - 95 -1230 - In the matter of the operation of the Above Standard Street Lighting System for the Smith Avenue Area for January through December, 1996. (File 418434) Adopted Yeas - 5 Nays - 0 56. Final Order - 95 -1231 - In the matter of the operation of the Above Standard Street Lighting System for the Wabasha -5th -6th Area for January through December, 1996. (File 4185 10) Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 8 of 10 57. Final Order - 95 -1232 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Revitalization No. 1 Area for January through December, 1996. (File 418525) Adopted Yeas - 5 Nays - 0 58. Final Order - 95 -1233 - In the matter of the operation of the Above Standard Street Lighting System for the Concord Phase I Area for January through December, 1996. (File 418550) Adopted Yeas - 5 Nays - 0 59. Final Order - 95 -1234 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Revitalization No. 2 Area for January through December, 1996. (File 418588) Adopted Yeas - 5 Nays - 0 60. Final Order - 95 -1235 - In the matter of the operation of the Above Standard Street Lighting System for the St. Peter Street Area for January through December, 1996. (File 418590) Adopted Yeas - 5 Nays - 0 61. Final Order - 95 -1236 - In the matter of the operation of the Above Standard Street Lighting System for the Department of Revenue Area for January through December, 1996. (File 418607) Adopted Yeas - 5 Nays - 0 62. Final Order - 95 -1237 - In the matter of the operation of the Above Standard Street Lighting System for the University /Western/Mackubin Area for January through December, 1996. (File 418612) Adopted Yeas - 5 Nays - 0 63. Final Order - 95 -1238 - In the matter of the operation of the Above Standard Street Lighting System for the Snelling /Randolph Area for January through December, 1996. (File 418626) Adopted Yeas - 5 Nays - 0 64. Final Order - 95 -1239 - In the matter of the operation of the Above Standard Street Lighting System for the East 7th /Arcade Area for January through December, 1996 (File 418634) Adopted Yeas - 5 Nays - 0 65. Final Order - 95 -1240 - In the matter of the operation of the Above Standard Street Lighting System for the City Hall /Court House Area for January through December, 1996. (File 418709) Adopted Yeas - 5 Nays - 0 66. Resolution Ratifying Assessment - 95 -1198 - In the matter of the Howell /Montreal Area Sewer Separation Project. (File 418753) (Laid over from October 4) Adopted Yeas - 5 Nays - 0 67. Resolution Ratifying Assessment - 95 -1199 - In the matter of the Howell /Montreal Area Street Paving and Lighting Project. (File 418754) (Laid over from October 4) Adopted Yeas - 5 Nays - 0 68. Resolution Ratifying Assessment - 95 -1241 - In the matter of operation and maintenance services for the skyway bridge and concourse associated with the Saint Paul Athletic Club building at 340 Cedar Street. (File 418706 -1) Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 69. Resolution Ratifying Assessment - 95 -1242 - In the matter of operation and maintenance costs for the Arcade /Case Parking Lot from January 1, 1996 to December 31, 1996. (File 418744) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 9 of 10 Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 70. Resolution Ratifying Assessment - 95 -1243 - In the matter of the Immaculate Heart of Mary Parking Lot from January 1, 1996 to December 31, 1996. (File 418746) Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 71. Resolution Ratifying Assessment - 95 -1244 - In the matter of operating costs for the Above Standard Street Lighting Projects for January through December 1995, for the following areas: Ford - Cleveland, Selby- Western, Lowertown, Grand -East 1, North Waba sha, Grand -West, Grand East II, Smith Avenue, Wabasha -5th -6th, Selby Avenue Revitalization No. 1, Concord Phase 1, Department of Revenue, St. Peter Street, Selby Avenue Revitalization No. 2, University - Western- Mackubin, Snelling - Randolph, East Seventh /Arc ade, and City Hall /Court House. Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 72. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 95- 1245 - In the matter of widening White Bear Avenue by condemning and taking permanent right -of -way from Conway Avenue to Fremont Avenue. (File 418697) Adopted Yeas - 5 Nays - 0 73. Public hearing to consider the report of the Administrative Law Judge concerning the Currency Exchange License Application of Check Express Minnesota, 1532 University Avenue West, Suite 100. Motion of Intent Adopted Yeas - 5 Nays - 0 MISCELLANEOUS 74. Declaring the week of October 8th as Fire Prevention Week - Chief Fuller. Suspension Items Resolution - 95 -1246 - Authorizing a one -time credit of approximately five percent on the 1995 street and alley maintenance assessment service charge. Adopted Yeas - 6 Nays - 0 Resolution - 95 -1247 - Approving the 1995 contract with the City and Convention and Visitors Bureau to spend Hotel /Motel tax receipts. Adopted Yeas - 5 Nays - 0 (Rettman not present for vote) SAINT PAUL BOARD OF HEALTH (Continued from October 4) 1. Resolution - 95 -1203 - Approving the 1996 -1999 Saint Paul - Ramsey County Community Health Services (CHS) Plan and the 1996 -1997 Indian Health Grant for Saint Paul and Suburban Ramsey County. (An overview will be presented by Public Health Staff) Adopted Yeas - 6 Nays - 0 (Amendments were made to the 1996 -1999 Saint Paul- Ramsey County Community Health Services Plan) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010 Page 10 of 10 2. Update on status of federal funding. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113342\Minutes 10... 12/15/2010