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Minutes 10-4-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 4, 1995 - 3:30 PM 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 • Committee Reports • Public Hearings • Suspension Items Present - 4 - Blakey, Harris, Megard, Rettman Absent - 3 - Guerin (excused), Grimm (arrived shortly after roll call), Thune (arrived after the consent agenda) 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. Claims of Todd Cady, James Hennessy, Elvira Jacobson, Becky Nichols, Steven Ngo, and Dwayne Silverman, Sr. Referred to the City Attorney's Office 2. Letter from the City Attorney's Office announcing continuation of Administrative Hearing in the matter of licenses held by Josha Corporation, dba Aabe's Family Discount Center /Aabe's Music Shoppe, file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 2 of 7 on November 9, 1995, 9:30 a.m. Conference Room B, Ramse y County Board of Commissioners, Room 220 Ramsey County Courthouse 3. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on October 25, 1995, to consider the report of the Administrative Law Judge concerning the application of Gordon Peterson III for a Currency Exchange License for the premises located at 577 University Avenue. 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on October 25, 1995, to consider the report of the Administrative Law Judge concerning the application of Thomas Potts for a Currency Exchange License for the premises located at 981 Payne Avenue. 5. Letters from the Division of Public Health declaring 913 Jessie Street, 91 Litchfield Street, 253 Lafond Avenue, 362 Minnehaha Avenue West, and 2211 Youngman Avenue as "nuisance properties" and setting date of Legislative Hearings on October 17, 1995 , and City Council Hearings on October 25, 1995. 6. Letter from the Division of Public Health declaring 193 Winifred Street West as "nuisance property" (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 7. Communication from St. Paul Animal Control dated September 25, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 8. Administrative Orders: . D00658 Amending the 1995 budget of the Mayor's Office by transferring funds to cover the cost of purchasing two fax machines. . D00659 Amending the 1995 budget of the Civic Center by transferring funds for equipment rental, professional services, office supplies, and sound equipment. . D00660 Amending the 1995 budget in the Office of Human Resources by transferring funds for intern salaries. Noted as on file in the City Clerk's Office 9. Resolution - 95 -1129 - Approving the appointment of Kenneth Mauer, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission. (Laid over from September 27 for adoption) Adopted Yeas - 5 Nays - 0 10. Resolution - 95 -1130 - Approving the appointment of Richard Tibesar, by Mayor Coleman, to the Police - Civilian Internal Affairs Commission. (Laid over from September 27 for adoption) Adopted Yeas - 5 Nays - 0 11. Resolution - 95 -1131 - Approving the appointments of Susan Elfstrom and Daniel Glass, and the reappointments of Robert Battle and Raymond Cantu, by Mayor Coleman, to the Saint Paul Human Rights Commission. (Laid over from September 27 for adoption) Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 3 of 7 12. 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 September 27 for adoption) Laid over to October 11 Yeas - 5 Nays - 0 13. Resolution - 95 -1170 - Approving the May, 1994 to April, 1997 Agreement between the City of Saint Paul and the Tri- Council Bargaining Unit represented by Laborers, Local 132, Teamsters, Local 120, and International Union of Operating Engineers, Local. 49. (Laid over from September 27 for adoption) Adopted Yeas - 5 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. (To be laid over one week for adoption) Laid over to October 11 for adoption Yeas - 5 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. (To be laid over one week for adoption) Laid over to October 11 for adoption Yeas - 5 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. (To be laid over one week for adoption) Laid over to October 11 for adoption Yeas - 5 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. (To be laid over one week for adoption) Laid over to October 11 for adoption Yeas - 5 Nays - 0 18. Resolution - 95 -1177 - Finalizing City Council action taken September 20, 1995, concerning adverse action against taxicab driver's license held by Michael S. Hickes. Adopted Yeas - 5 Nays - 0 19. Resolution - 95 -1178 - Finalizing City Council action taken September 20, 1995, concerning adverse action against licenses held by Campus Sports Grill and Nightclub, dba Campus Sports Grill, 2554 Como Avenue. Adopted Yeas - 5 Nays - 0 20. Resolution - 95- 1179 - Finalizing City Council action taken September 27, 1995, concerning adverse action against licenses held by Encore Music, Inc., 1952 University Avenue West. Adopted Yeas - 5 Nays - 0 21. Resolution - 95 -1180 - Finalizing City Council action taken September 27, 1995, concerning adverse action against licenses held by G -Brad Inc., dba Starting Gate, 2516 7th Street West. Adopted Yeas - 5 Nays - 0 22. Resolution - 95 -1181 - Requesting an extension of time to complete the work being done on a building being repaired at 902 East Jessamine. Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 4 of 7 23. Resolution - 95 -1182 - Amending the spending and financing plans of Fund 334 in the Division of Parks and Recreation to reflect revenue increase of $30,000 due to commissions from Midway Stadium concerts. Adopted Yeas - 5 Nays - 0 24. Resolution - 95 -1183 - Authorizing the Director of Public Works to request a variance to a "No Parking" zone required by the State of Minnesota on the south side of Case Avenue between Forest Street and Duchess Street on Sundays from 6:00 a.m. to 1:00 p.m. Adopted Yeas - 5 Nays - 0 25. Resolution - 95 -1184 - Concurring with the change of University Avenue west of Rice Street from a trunk highway to a county state aid highway. Adopted Yeas - 5 Nays - 0 26. 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 to October 11 Yeas - 5 Nays - 0 27. 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 to October 11 Yeas - 5 Nays - 0 28. Preliminary Order - 95 -1187 - In the matter of improving Ohio Street from George Street to Annapolis Street, and setting date of public hearing for November 29, 1995. (File 418800) Adopted Yeas - 5 Nays - 0 29. Preliminary Order - 95 -1188 - In the matter of construction and /or repair of sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction with improving Ohio Street from George Street to Annapolis St reet, and setting date of public hearing for November 29, 1995. (File 418800 -Conn) Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 30. 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 September 27) Laid over to October 11 Yeas - 5 Nays - 0 (Thune not present for vote) 31. Resolution - 95 -1189 - Proposed 1996 Funding Recommendations for the Civic Organizations Partnership Program (COPP). Substitute introduced and adopted Yeas - 4 Nays - 2 (Harris, Rettman) 32. Letter from Mayor Coleman dated September 22, 1995, vetoing Council File 95 -1093 adopted September 13, 1995, in the matter of improving the following brick streets: Kenwood Parkway around file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 5 of 7 the circle and from the circle to St. Albans Street; Maiden Lan e from Selby Avenue to Nina Street, including the dog leg; and Virginia Street from Summit Avenue to Selby Avenue. Laid over to October 18 Yeas - 6 Nays - 0 ORDINANCES 33. Final Adoption - 95 -1089 - An ordinance amending Chapter 50 of the Saint Paul Legislative Code pertaining to sewer systems; changing definitions. Adopted Yeas - 5 Nays - 0 (Thune not present for vote) 34. Second 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 11 for third reading /public hearing 35. Second 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 11 for third reading /public hearing 36. Second 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. Laid over to October 11 for third reading /public hearing 37. First 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 11 for second reading COMMITTEE REPORTS 38. CED Committee - 1995 Saint Paul Business Service Survey (attached) PUBLIC HEARINGS 39. Resolution - 95 -1191 - Approving application for a Gambling Manager's License by Francis J. Abts, dba White Bear Avenue Business Association, at Hafner's, 1560 White Bear Avenue. (ID 497523) Adopted Yeas - 6 Nays - 0 40. Resolution - 95 -1192 - Approving application for a State Class B Gambling Premise Permit by White Bear Avenue Business Association at Hafner's, 1560 White Bear Avenue. (ID pending) Adopted Yeas - 6 Nays - 0 41. Resolution - 95 -1193 - Approving application for a Liquor On Sale -C, Gambling Location -C, Sunday On Sale Liquor, Entertainment -B and Restaurant -B License by Irish Horn, Inc., dba Schwietz's Saloon, 956 Payne Avenue. (ID 478306) Adopted Yeas - 5 Nays - 0 (Blakey not present for vote) 42. Resolution - 95 -1194 - Approving application for a Patio Extension License by The Grand file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 6 of 7 Lexington Co., dba The Lexington Restaurant (Frederick Webb), 1096 Grand Avenue. (ID 492543) Withdrawn 43. Resolution - 95 -1195 - Approving application for a Recycling Processing Center License by NCH Transfer Services, Inc. (Robert Nitti), 1303 Red Rock Road. (ID 491314) Adopted Yeas - 5 Nays - 0 (Blakey not present for vote) 44. Resolution - 95 -1096 - Order the owner(s) to remove or repair the building at 500 Bush Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a six - month layover in Legislative Hearings.) (Laid over September 20) Adopted as amended Yeas - 5 Nays - 0 (Thune not present for vote) 45. Final Order - 95 -1196 - In the matter of the operation and maintenance costs for the Arcade /Case Parking Lot from January 1, 1996 to December 31, 1996. (File 418744) Adopted Yeas - 5 Nays - 0 (Thune not present for vote) 46. Final Order - 95 -1197 - In the matter of the operation and maintenance costs for the Immaculate Heart of Mary Parking Lot from January 1, 1996 to December 31, 1996. (File 418746) Adopted Yeas - 6 Nays - 0 47. Resolution Ratifying Assessment - 95 -1198 - In the matter of the Howell /Montreal Area Sewer Separation Project. (File 418753) (To be laid over to October 11 for public hearing) Laid over to October 11 for public hearing Yeas - 5 Nays - 0 (Thune not present for vote) 48. Resolution Ratifying Assessment - 95 -1199 - In the matter of the Howell /Montreal Area Street Paving and Lighting Project. (File 418754) (To be laid over to October 11 for public hearing) Laid over to October 11 for public hearing Yeas - 5 Nays - 0 (Thune not present for vote) 49. Resolution Ratifying Assessment - 95 -1200 - In the matter of the Bates /McLean Storm Sewer Project. (File 418762) Adopted Yeas - 6 Nays - 0 50. Resolution Ratifying Assessment - 95 -1201 - In the matter of the Bates /McLean Street Paving and Lighting Project. (File 418763) Adopted Yeas - 6 Nays - 0 51. Resolution Ratifying Assessment - 95 -1202 - In the matter of improving Annapolis Street between Robert Street and Kansas Street. (File 418783) Adopted Yeas - 6 Nays - 0 Suspension Item Resolution - 95 -1203 - Approving application of Renae Oswald - Anderson on behalf of Good Neighbor Foundation for a State Class A Gambling Premise Permit at Ideal Hall, 1494 North Dale Street. Adopted Yeas - 6 Nays - 0 Additional Item Presentation of Youth Volunteer -of -the -Month Award to Ben Suri, Eastview Recreation Center. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010 Page 7 of 7 SAINT PAUL BOARD OF HEALTH October 4, 1995 (Immediately following City Council meeting) 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) Laid over to October 11 for continuation of Board of Health Meeting 2. Update on status of federal funding. Laid over to October 11 for continuation of Board of Health Meeting fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113449\Minutes 10... 12/15/2010