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Minutes 12-13-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 13, 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 • Committee Referrals • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 5 - Blakey, Grimm, Megard, Rettman, Thune Absent - 2 - Guerin, Harris (both 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 The following communication was read into the record by Nancy Anderson, Assistant Secretary to the City Council: Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on December 20, 1995, to consider the application of Mary Lou Trumble to rezone property from R -3 (single family residential) and RT -1 (two - family residential) to RT -2 (townhouse fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 2 of 7 residential) to establish a triplex at 1354 Birmingham Street. 1. Approval of minutes of August 16 and August 23, 1995. Adopted Yeas - 5 Nays - 0 2. Claims of Jonathan Douglas Grafsky, Adrian Henderson, and Timothy Strobel. Referred to the City Attorney's Office 3. Notice of claims of Defendants and Third Party Plaintiffs, Metals Reduction Company, Inc., Harold Kaplan and Reuben Kaplan, joint second amended answer and counterclaims; and third amended joint third -party complaint against the City of St. Paul, re: 141 Water Street. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of James Wilder vs. the City of St. Paul. Referred to the City Attorney's Office 5. Petition for Writ of Certiorari, etc. in the matter of C.L. Hinze, Inc., dba Chuck's Bar, vs. the City of St. Paul. Referred to the City Attorney's Office 6. Notice of hearing on petition in the matter of the State of Minnesota vs. the City of St. Paul, et. al. in the matter of the condemnation of certain lands for trunk highway purposes. Referred to the City Attorney's Office 7. Communication from Jerrold J. Sullivan dated November 30, 1995, concerning snow plowing. Referred to the City Attorney's Office 8. Letters from the Division of Public Health declaring 1867 Hoyt Avenue East and 411 View Street as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Communication from St. Paul Animal Control dated December 4, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 10. Administrative Orders: . D00745 Amending the 1995 budget in the Accounting Division by transferring savings from accounting and financial forms budgets to purchase a new copy machine and micro computers. . D00746 Amending the 1995 budget in the Department of Finance and Management Services to provide funds for the purchase of a vehicle for the Parking Meter Collection Function. . D00747 Authorizing payment of $400 for a PED management team retreat on January 18, 1996, at Maryhill Renewal Center, 260 Summit Avenue. . D00748 Addition of $6,270.60 to the contract for removal of a building at 588 East 7th Street. . D00749 Approving contract time extension for the Goodrich - Smith Sewer Separation Project. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 3 of 7 . D00750 Authorizing payment of $16,300 for extra work performed by the contractor for the East Sixth Street channelization Project. . D00751 Amending the 1995 budget in the Risk and Employee Benefit Management Division for computer equipment. . D00752 Amending the 1995 budget in the Treasury Division to purchase a copy machine and computer. . D00753 Amending the 1995 budget in the Division of Public Health for Health Ordinance Enforcement. . D00754 Amending the 1995 budget in the Division of Public Health/ Health Special Revenue Fund. . D00755 Amending the 1994 Capital Improvement Budget Fund/Downtown Children's Play Area budget in the Division of Parks and Recreation by accepting $2000 from Lowertown Redevelopment Corporation. . D00756 Authorizing Travelers Insurance Company to assign its rights and obligations to KB Fund III, purchaser of Town Square. . D00757 Deletion of $6,853.32 from the contract for Highland Branch Library Additions and Remodeling. . D00758 Amending the 1995 budget in the Department of Fire and Safety Services to finalize year -end spending plans. . D00759 Amending the 1995 budget in the Division of Public Health /General Fund for spending authority required in various object codes. . D00760 Authorizing expenditure not to exceed $2,100 for a Police Department course entitled "Peer Support Training" to be held January 3 -5, 1996, at Best Western Kelly Inn. Noted as on file in the City Clerk's Office 11. Resolution - 95 -1429 - Amending the Civil Service Rules in Section 8, Filling Vacancies. (To be laid over one week for adoption) Laid over to December 20 for adoption 12. Resolution - 95 -1430 - Finalizing City Council action taken November 8, 1995, concerning adverse action against licenses held by Drink Inc., dba Pebbles Bar, 880 East Seventh Street. Adopted Yeas - 5 Nays - 0 13. Resolution - 95 -1431 - Authorizing the St. Paul Police Department to enter into an agreement with Independent School District 4625 to participate in the St. Paul School Police Program for the 1995 -1996 school year. Adopted Yeas - 5 Nays - 0 14. Resolution - 95 -1432 - Authorizing the proper City officials to submit grant applications to the State of Minnesota for State Prevention and Intervention grants. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 4 of 7 Adopted Yeas - 4 Nays - 0 (Grimm not present for vote) 15. Resolution - 95 -1433 - Authorizing a permanent conservation easement to the State of Minnesota along the riverfront to leverage up to $300,000 of DNR investment in public and private lands in the Mississippi River Valley. Adopted Yeas - 5 Nays - 0 16. Resolution - 95 -1434 - Authorizing a grant application and execution of a contract between the City of St. Paul, Greening of the Great River Park Project, and the Minnesota Department of Transportation. Adopted Yeas - 5 Nays - 0 17. Resolution - 95 -1435 - Canceling and rescinding a Final Order for an alley improvement bounded by I35 -E, Chatsworth, Bayard and Tuscarora that was never constructed. Adopted Yeas - 5 Nays - 0 18. Resolution - 95 -1436 - Approving carry forward of 1995 mortgage revenue bond entitlement allocation. Adopted Yeas - 5 Nays - 0 19. Resolution - 95 -1437 - Approving the Financing and Spending Plans for the 1996 -1997 Community Resources Program and approval of the City entering into a contract with the State of Minnesota for funding of the program. Adopted Yeas - 5 Nays - 0 20. Resolution - 95 -1438 - Approving issuance of a tax exempt industrial development revenue note in the amount of $1,500,000 for the acquisition, rehabilitation, and expansion of a manufacturing /warehouse /office facility in Riverview Industrial Park for Camada Limited Partnership. Adopted Yeas - 5 Nays - 0 21. Resolution - 95 -1439 - Authorizing retention of outside counsel to represent the City in a workers' compensation claim. Adopted Yeas - 5 Nays - 0 22. Resolution - 95 -1440 - Approving Burlington Northern (Phalen Creek) Regional Trail Acquisition and Development Budgets. Adopted Yeas - 5 Nays - 0 23. Preliminary Order - 95 -1441 - In the matter of construction and installation of a bus shelter with advertisement on the public right -of -way in St. Paul by Ad Shelters, Inc., on the north side of St. Anthony Avenue in front of 1247 St. Anthony Avenue, and setting date of public hearing for February 7, 1996. Adopted Yeas - 5 Nays - 0 COMMITTEE REFERRAL 24. Resolution - 95 -1442 - Accepting the Council Research report "The Residency Ordinance: One Year Report ". (For referral to City Operations Committee) Referred to City Operations Committee Yeas - 5 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 5 of 7 FOR DISCUSSION 25. Resolution - 95 -1390 - Requesting Council Research Center to conduct a policy analysis on the audible warnings (whistles, bells, horns) used by the railroads operating in the City of St. Paul at road - rail crossings. (Laid over from November 29) Referred to City Council Organizational Meeting Yeas - 5 Nays - 0 ORDINANCES 26. First Reading - 95 -1443 - An ordinance designating Superior Street bounded by West Seventh Street and Western Avenue as a one -way street (westbound). Laid over to December 20 for second reading 27. First Reading - 95 -1444 - An ordinance amending Sections 60.462, 60.512 through 60.514, 61.101, 62.103(g) and 65.501 through 65.509 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to December 20 for second reading PUBLIC HEARINGS 28. Resolution - 95 -1445 - Approving application for an Entertainment -A and Liquor On Sale -A License by Garcia Brothers, Inc., dba Rudy's & McCall's Steakhouse (Rudy Garcia), 175 5th Street East. (ID 444153) Adopted Yeas - 5 Nays - 0 29. Resolution - 95 -1446 - Approving the 1996 Minneapolis /Saint Paul Single Family Joint Board Program. Adopted Yeas - 5 Nays - 0 30. Resolution - 95 -1447 - Approving the decision of the Legislative Hearing Officer pertaining to property code enforcement appeals for property at 913 East Third Street, 1399 Randolph Avenue, 6-24 1255 Bohland Place, and Adopted as amended Yeas - 5 Nays - 0 (624 Fuller Avenue and 1901 East Maryland Avenue referred back to Legislative Hearings) 31. Resolution - 95 -1448 - Ordering the owner to remove or repair the building at 1514 Carroll Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 5 Nays - 0 32. Resolution - 95 -1449 - Ordering the owner to remove or repair the building at 697 Fourth Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 33. Resolution - 95 -1450 - Ordering the owner to remove or repair the building at 907 -909 Jessie Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 34. Resolution - 95 -1451 - Ordering the owner to remove or repair the building at 606 Thomas Avenue file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 6 of 7 within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation contingent on posting appropriate bonds by the December 13 City Council meeting.) Adopted Yeas - 5 Nays - 0 (Remove or repair within 15 days) 35. Final Order - 95 -1452 - In the matter of street improvements for the Cretin /Bayard Area Residential Street Paving Program. (File 418802) Laid over to December 20 Yeas - 5 Nays - 0 36. Final Order - 95 -1453 - In the matter of construction of storm sewer connections, sanitary sewer connections and water connections, at the request of the property owner, in conjunction with the Cretin/Bayard Area Residential Street Paving Program. (File 418802 -Conn) Laid over to December 20 Yeas - 5 Nays - 0 37. Final Order - 95 -1454 - In the matter of improving the alley in Block 15 and in the block indicated as Iron Works on the recorded plat, Rice Street Villas, (bounded by Marion, Nebraska, Albemarle and Arlington). (File 418809) Adopted Yeas - 5 Nays - 0 38. Final Order - 95 -1455 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts and fills in grading and paving the alley in Block 15 and Iron Works Block, Rice Street Villas (bounded by Marion, Nebraska, Albemarle and Arlington). (File 418809 -5) Adopted Yeas - 5 Nays - 0 39. Public hearing to consider the report of the Administrative Law Judge pertaining to the application of Terrence J. Magill and Jeffrey Bearth (Capitol City Check Cashing), for a Currency Exchange License at 477 Rice Street. Recommended approval of the currency exchange license application Yeas - 5 Nays - 0 40. Public hearing to consider the appeal of Mark Pacheco, Arcade Auto Sales, to a decision of the Planning Commission approving a special condition use permit to allow outdoor sales of used automobiles at 1414 Arcade Street. (Appealing two of the conditions placed on the permit relating to number of cars for sale and hours of operation.) Appeal denied Yeas - 5 Nays - 0 41. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by The Mao Family Corp., dba Wolter Brothers Pharmacy & Liquor, 438 University Avenue West. Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge (6 days suspension of license) Yeas - 5 Nays - 0 Suspension Items Resolution - 95 -1456 - Authorizing appropriate City representatives to sign an Intergovernmental Agreement related to the Ryan White CARE Act, Title I funding, and the Director of Saint Paul Public Health, or his designee, to represent the City. Adopted Yeas - 5 Nays - 0 First Reading - 95 -1457 - An ordinance to amend the license fee schedule in Chapter 310 of the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010 Page 7 of 7 Legislative Code; increasing food license fees and cigarette license fees. Laid over to December 20 for second reading First Reading - 95 -1458 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code pertaining to Animals; referring all fees to the license fee schedule. Laid over to December 20 for second reading Resolution - 95 -1459 - Setting forth the financing plan for funding the City's portion of the new Science Museum. Adopted Yeas - 5 Nays - 0 Resolution - 95 -1460 - Approving application for a Wine On Sale, On Sale Malt (3.2), Off Sale Malt and Restaurant -B License by Riviera Investments, dba Mickey's Nook (Todd Berglund), 492 Hamline Avenue South. (ID 451564) Adopted Yeas - 5 Nays - 0 Resolution - 95 -1461 - Authorizing the City Council to solicit and accept contributions for staging or defraying costs for the public celebration of the 1996 City Council Inaugural Party. Adopted Yeas - 5 Nays - 0 Resolution - 95 -1462 - Naming an ad hoc committee of the whole to work with the Mayor's Administration to review proposals, discussions and offerings made on the City's behalf toward bringing NHL hockey to the Civic Center and authorizing the use of up to $25,000 from City Council Contingency for the committee to retain professional and financial consultants. Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113812\Minutes 12... 12/15/2010