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Minutes 1-25-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 25th, 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 - 5 - Councilmembers Blakey, Guerin, Harris, Megard, Thune Absent - 2 - Grimm, Rettman (arrived shortly after roll call) 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 December 7 and December 14, 1994 meetings. Adopted Yeas - 7 Nays - 0 2. Claims of Benjamin O. Maduka, Tom Pallansch and Nick Vega Puente. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 2 of 7 3. Letter from the Office of the City Attorney setting date of Public hearing for February 1, 1995, concerning adverse action against licenses held by Dragon Star Oriental Foods, Inc., 633 Minnehaha Avenue West. (Uncontested) 4. Letter from the Division of Public Health declaring 1089 Marshall Avenue as "nuisance property" (For notification purposes only; public hearing will be scheduled at a later date if necessary) 5. Letters from the Division of Public Health declaring 835 Arcade Street; 1007 Flandrau Street; 52 Geranium Avenue West; 412 Hope Street; 577 Orleans Street; 440 Victoria Street South; and 618 Whitall Street as "nuisance properties" and setting dates of hearings before the Legislative Hearing Officer on February 7, 1995, and before the City Council on February 15, 1995. The following communication was read into the record: 5a. Letter from the Office of License, Inspections and Environmental Protection setting date of public hearing for February 1, 1995, to consider the application of Richard Shapiro, dba Company 7, Inc., for a one -day noise variance on Friday, July 14, 1995, from 10:30 a.m. to 10:30 p.m. on Harriet Island in conjunction with the Lollapalooza'95 Concert. 6. Petition of Scraper Development Limited, for the vacation of part of Birmingham Street and Prosperity Avenue. Referred to the Real Estate Division for check as to form and sufficiency 7. Petition of Scraper Development Limited, for the vacation of all that part of the 10 foot alley adjoining Lots 1, 2, 3, 4 and 5 and of the 20 foot alley adjoining Lots 5, 6, 7, and 8 in Block Bauerschmidt's Addition. Referred to the Real Estate Division for check as to form and sufficiency 8. Letter from the Department of Planning and Economic Development announcing date of public hearing on Wednesday, February 15, 1995, to consider the request of Salvation Army to rezone property from RT -1 (residential) to B -2 (community business) to allow expansion of the Salvation Army facility at 626 East Lawson Avenue. 9. Administrative Orders: • D00442 Amending the 1994 budget in the Department of Public Works /Street Repair and Cleaning Fund. • D00443 Amending the 1994 budget in the Department of Planning and Economic Development Department /Community Development Block Grant Fund by increasing the funding for the Selective Clearance Program. • D00444 Amending the 1994 budget in the Department of Public Works /Street Repair and Cleaning Fund. • D00445 Amending the 1994 budget in the Office of License, Inspections and Environmental Protection /Executive Administration to purchase personal computers and up -grade existing personal computers. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 3 of 7 . D00446 Reduction of $200.00 to the contract for Northwest Area Handicap Accessibility Improvements at various locations. . D00447 Addition of $5,924.34 to the contract for Street Lighting System on Eustis /Franklin to install additional conduit, pullboxes, foundations and conductor. . D00448 Authorizing the Department of Fire and Safety Services to pay for all costs to the University of St. Thomas, incurred to hold graduation ceremonies for the new fire recruits. . D00449 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to reflect proper accounting for utility costs. . D00450 Amending the 1994 budget in the Division of Parks and Recreation /Special Services to reflect proper accounting for additional cost due to longer golf season. . D00451 Amending the 1994 budget in the Office of License, Inspections and Environmental Protection /Executive Administration to purchase tables and chairs. Noted as on file in the City Clerk's Office 10. Resolution - 95 -47 - Approving renewal of Class III and Supporting Licenses by Twin City Ford Local 4879, 2191 Ford Parkway; and Harmon Glass Company, 510 University Avenue West. (ID 419598- 85399) (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 95 -72 - Approving renewal of a Parking Lot /Ramp License by Imperial Parking, Inc., dba Imperial Parking, Inc. at 242 8th Street East. (ID 469626) (To be laid over one week for adoption) Laid over to February 1 for adoption 12. Resolution - 95 -48 - Approving the reappointment of Tracey Baker and the appointment of David Heide, John Alberts, and Steven Buetow, by Mayor Coleman, to the Heritage Preservation Commission. (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 95 -49 - Approving the reappointment, by Mayor Coleman, of John Tully to the Board of Zoning Appeals. (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 95 -50 - Approving the reappointment, by Mayor Coleman, of John Mannillo to the Capitol Area Architectural and Planning Board. (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 95 -73 - Approving the appointments, by Mayor Coleman, of the following individuals to the Affirmative Action Advisory Committee: Melville Peter Middleton, Vicky Ramirez, Daniel file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 4 of 7 Fleischhacker, and Alberto Quintela. (To be laid over one week for adoption) Laid over to February 1 for adoption 16. Resolution - 95 -74 - Approving the appointments, by Mayor Coleman, of Kristine Bolander and Shawn Bartsh to the Capital Improvement Budget Committee. (To be laid over one week for adoption) Laid over to February 1 for adoption 17. Resolution - 95 -75 - Approving the reappointments of Don Luna and Cornelius "Butch" Benner, by Mayor Coleman, to the Police - Civilian Internal Affairs Review Commission. (To be laid over one week for adoption) Laid over to February 1 for adoption 18. Resolution - 95 -76 - Approving the proposed projects and programs (Como Avenue Bikeway Project, Mississippi River Trail- Warner Road Segment, Mississippi River Trail- Shepard Road Segment, Como Park Streetcar Station Renovation, Earl Street Bridge Replacement, Edgerton Street Bridge Replacement, and Wabasha Bridge Enhancements) and submit to the Metropolitan Council and MnDOT for review, rating and possible ISTEA funding. Adopted Yeas - 7 Nays - 0 19. Resolution - 95 -77 - Accepting a grant from the State of Minnesota to fund the Phalen Boulevard Environmental Impact Statement and amend the 1995 Capital Project Ledger Budget to fund the EIS and associated soil contamination study. Adopted Yeas - 7 Nays - 0 20. Resolution - 95 -78 - Approving partnership agreement for local protection and management of natural resources, by accepting the Comprehensive Natural Resources Plan committing to improved land and water resource mangement in the Phalen Chain of Lakes Watershed. Adopted Yeas - 7 Nays - 0 21. Resolution - 95 -79 - Amending Section 7.05 of the Saint Paul Legislative Code establishing a one year application period of credit for water use which does not result in Sanitary Sewer System use. Adopted Yeas - 7 Nays - 0 22. Resolution - 95 -80 - Approving the Pay Equity Implementation Report. Adopted Yeas - 7 Nays - 0 23. Resolution - 95 -81 - Authorizing payment of $6,000 to William A. Willard, Sharon Willard and Carter J. Bergen in full settlement of their claim against the City of St. Paul. Adopted Yeas - 7 Nays - 0 24. Resolution - 95 -82 - Authorizing the Department of Fire and Safety Services to submit a proposal to fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 5 of 7 the State of Minnesota Department of Public Safety for providing emergency service as a hazardous materials emergency response team. Adopted Yeas - 7 Nays - 0 25. Resolution - 95 -59 - Approving the 1994 Agreement between the City of Saint Paul and AFSCME, District Council 14, Local 2508. (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 26. Resolution - 95 -60 - Approving the 1994 Agreement between the City of Saint Paul and AFSCME, District Council 14, Local 1842. (Laid over from January 18 for adoption) Adopted Yeas - 7 Nays - 0 27. Resolution - 95 -83 - Approving the May, 1994 - April, 1996 Agreement between the City of Saint Paul and the Independent School District 625 and the Tri Council, Locals 49, 120, and 132. (To be laid over one week for adoption) Laid over to February 1 for adoption FOR DISCUSSION 28. Resolution - 95 -84 - Approving modifications to the skyway agreement and related easements affecting the Saint Paul Athletic Club, and extinguishing levied and pending easements for skyway maintenance. Adopted as amended Yeas - 7 Nays - 0 29. Resolution - 95 -70 - Adopting Draft Guidelines for the Neighborhood Sales Tax Revitalization (STAR) Program. (Laid over from January 18) Adopted (amendments were made to Draft Guidelines) Yeas - 7 Nays - 0 ORDINANCES 30. Final Adoption - 95 -19 - An ordinance preserving the status quo with respect to the establishment of pawn shops within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and regulatory ordinances concerning pawn shops. Adopted Yeas - 6 Nays - 0 (Grimm not present for vote) 31. Second Reading - 95 -64 - An ordinance amending the Saint Paul Legislative Code by adding a new Chapter 311 regulating telephones accessible to the public on licensed premises. Laid over to February 1 for third reading /public hearing PUBLIC HEARINGS file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 6 of 7 32. Third Reading - 95 -27 - An ordinance to remove the sunset provision in Council File 93 -1872 allowing the gambling tax in Subsection (a) of Section 402.05 to remain at 2 %. Laid over to February 1 for final adoption 33. Resolution 94 -1406 - Ordering the owner(s) to repair or remove the building at 915 -917 Ashland Avenue within fifteen (15) days from adoption of resolution. (Laid over from January 11, 1995) (Legislative Hearing Officer recommends approval) Laid over to February 8 Yeas - 7 Nays - 0 34. Resolution 94 -1579 - Ordering the owner(s) to remove or repair the building at 1036 Sims Avenue within fifteen (15) days from adoption of resolution. (Laid over from October 26) (Legislative Hearing Officer recommends a 90 day extension to allow for the marketing of the property, contingent on the payment of the vacant building fee before the January 25 City Council Meeting) Adopted as amended per recommendation of the Legislative Hearing Officer Yeas - 7 Nays - 0 35. Resolution 94 -1630 - Ordering the owner(s) to remove or repair the building at 675 Cook Avenue East within fifteen (15) days from adoption of resolution. (Laid over from January 11, 1995) (Legislative Hearing Officer recommends approval) Laid over to February 15 Yeas - 7 Nays - 0 36. Appeal of Lawrence Walker to the Summary Abatement Order regarding property at 904 Marshall Avenue (Legislative Hearing Officer recommends denial of the appeal) Laid over to February 1 Yeas - 7 Nays - 0 37. Final Order - 95 -85 - In the matter of United /Children's Hospital Streetscape and Decorative Lighting Improvements on Smith and Grand Avenues. (File 418777) Laid over to February 22 Yeas - 7 Nays - 0 38. Final Order - 95 -86 - In the matter of operating costs for the Above Standard Street Lighting System for United /Children's Hospital Streetscape Project on Smith and Grand Avenues. (File 418778) Laid over to February 22 Yeas - 7 Nays - 0 39. Final Order - 95 -87 - In the matter of realigning and constructing Prosperity Avenue from Maryland Avenue to Rose Avenue, and Rose Avenue from Prosperity Avenue to Barclay Street. (File 418779) Adopted Yeas - 7 Nays - 0 40. Final Order - 95 -88 - In the matter of obtaining the right -of -way and easements necessary for the realignment of Prosperity Avenue between Maryland Avenue and Rose Avenue. (File 418779E) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010 Page 7 of 7 Suspension Items Resolution - 95 -89 - Authorizing the Saint Paul Human Rights Department to enter into a contractual agreement with the U.S. Equal Employment Opportunity Commission to investigate dually filed employment discrimination complaints. Adopted Yeas - 7 Nays - 0 Resolution - 95 -90 - Authorizing the Saint Paul Police Department to enter into an inter- governmental transfer of Theodore Brown to the Washington County Sheriffs Department. Adopted Yeas - 7 Nays - 0 Resolution - 95 -91 - Transmitting the Report on Rental Tax Equity; Saint Paul Pilot Project to the Senate Committee on Housing, Senate Committee on Taxes, and the House Tax Committee. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_113851\Minutes 1 -... 12/15/2010