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Minutes 3-15-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 15, 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 Reports • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 6 - Councilmembers Blakey, Guerin, Grimm, Harris, Megard, Thune Absent - 1 - 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. Claims of Annunziata Hall, Abner and Mary Lyons, Thomas D. Lyons, Glen and Ruth Miles, and Curt Willkom. Referred to the City Attorney's Office 2. Plaintiffs Answer to the City of St. Paul in the matter of Michael J. Dreyling vs. the City of St. Paul, fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 2 of 8 et al. Referred to the City Attorney's Office 3. Communication from St. Paul Animal Control announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 4. Letters from the Division of Public Health declaring 882 Clark Street, 764 Jessamine Avenue East, and 1186 Seventh Street East as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Letter from the Office of the City Attorney setting date of public hearing before the City Council for March 29, 1995, concerning adverse action against licenses held by Herbert L. Howe, dba Cozy Cantina, 202 Concord Street. 6. Administrative Orders: . D00485 Deletion of $2,001.70 from the contract for the Street Lighting System on Conway /Germain, East Third Street and Birmingham Avenue, CSSP Year VII. . D00486 Amending the 1994 budget in the Department of Finance & Management Services /Cable Communications to correspond with actual expenditures. D00487 Amending the 1994 budget in the Office of the City Council to correspond with actual expenditures. Noted as on file in the City Clerk's Office 7. Resolution - 95 -217 - Approving the appointment, by Mayor Coleman, of Kristine Jacobs to the Private Industry Council. (Laid over from March 8 for adoption) Adopted Yeas - 7 Nays - 0 8. Resolution - 95 -218 - Approving the reappointments of Clayton Larson, Gerald Beedle, and Diane O'Donnell, by Mayor Coleman, to the Truth -In- Housing Board of Evaluators. (Laid over from March 8 for adoption) Adopted Yeas - 7 Nays - 0 9. Resolution - 95 -219 - Approving the reappointments of Councilmember Marie Grimm and Beverly Hawkins, by Mayor Coleman, to the Family Housing Fund of Minneapolis and St. Paul. (Laid over from March 8 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 95 -249 - Approving the reappointments, by Mayor Coleman, of Robert Engelhardt, Vic Wittgenstein, and Nancy Tracy to Our Fair Carousel Board. (To be laid over one week for adoption) Laid over to March 22 for adoption 11. Resolution - 95 -250 - Approving the reappointments of Ruth Blackman and Terry Trooien, and the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 3 of 8 appointment of Kris Reiter, by Mayor Coleman, to the Skyway Governance Committee. (To be laid over one week for adoption) Laid over to March 22 for adoption 12. Resolution - 95 -251 - Approving renewal of a Parking Lot /Ramp License by the Port Authority of Saint Paul, dba Landmark Towers Parking Ramp, 45 4th Street West. (ID 467611) (To be laid over one week for adoption) Laid over to March 22 for adoption 13. Resolution - 95 -252 - Approving renewal of On Sale Liquor, Sunday On Sale Liquor, Entertainment -B, and Restaurant -B License by Flanagan's On 7th, 1026 7th Street West. (ID 430544) (To be laid over one week for adoption) Laid over to March 22 for adoption 14. Resolution - 95 -253 - Approving renewal of an Auto Body Repair Garage License by John M. Smith, 453 7th Street West. (ID 419346) (To be laid over one week for adoption) Laid over to March 22 for adoption 15. Resolution - 95 -254 - Requesting an extension of time to complete work being done on a building at 396 Edmund Avenue. Adopted Yeas - 7 Nays - 0 16. Resolution - 95 -255 - Approving the 1994 Memorandum of Agreement which amends the 1993- 1994 Collective Bargaining Agreement between the City of Saint Paul and the International Union of Operating Engineers, Local 70. (To be laid over one week for adoption) Laid over to March 22 for adoption 17. Resolution - 95 -256 - Approving an Advertisement Agreement with Transportation Displays, Inc. (TDI) to display "Prejudice Isn't Welcome" posters on MCTO buses. Adopted Yeas - 7 Nays - 0 18. Resolution - 95 -257 - Appointing outside counsel under Section 5.02 of the City Charter to represent the City of Saint Paul in registering title for the Civic Center properties. Adopted Yeas - 7 Nays - 0 19. Resolution - 95 -258 - Authorizing the use of Dayton's Energy Park site parking lot for Saint Paul Saints home game parking and pledging to hold Dayton's harmless during the 1995 season. Adopted Yeas - 7 Nays - 0 20. Resolution - 95 -259 - Finalizing City Council action taken on February 15, 1995, approving the Registered Land Survey for CSM Corporation to simplify legal descriptions that currently exist to file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 4 of 8 describe the property. Adopted Yeas - 7 Nays - 0 21. Resolution - 95 -260 - Executing an agreement with the Minnesota Department of Education for the continuation of the Interlibrary Loan Program. Adopted Yeas - 7 Nays - 0 22. Resolution - 95 -261 - Establishing a financing and spending plan for the Graffiti, Inc. grant from the State of Minnesota. Adopted Yeas - 7 Nays - 0 23. Resolution - 95 -262 - Establishing a financing and spending plan for the unexpended balance of the grant from the State of Minnesota for the Police Youth Liaison Grant. Adopted Yeas - 7 Nays - 0 24. Resolution - 95 -263 - Establishing a financing and spending plan for the remaining balance of the match for the Police Youth Liaison project. Adopted Yeas - 7 Nays - 0 25. Resolution - 95 -264 - Establishing the Friends of the Saint Paul Mounted Police as a tax exempt, nonprofit corporation to provide ongoing financial support for a horse mounted police patrol. Adopted Yeas - 7 Nays - 0 26. Resolution - 95 -265 - Requesting low interest loans through the Minnesota Public Facilities Authority for the Inflow /Infiltration Program. Adopted Yeas - 7 Nays - 0 27. Resolution - 95 -266 - Authorizing the Division of Parks and Recreation to renew a lease agreement with Ramsey County Corrections for office space at North End Multi- Service Center. Adopted Yeas - 7 Nays - 0 28. Resolution - 95 -267 - Amending the 1994 -1995 Capital Improvement Budget by transferring $410,000 of 1994 Special Assessment Bonds from the United Children's Hospital /Smith Avenue project to the 1994 CSSP project, and transferring $410,000 of 1995 Special Assessment Bonds from 1995 CSSP project to the United Children's Hospital /Smith Avenue project and reducing 1995 CSSP by $34,000. Adopted Yeas - 7 Nays - 0 29. Resolution - 95 -268 - Approving the addition of the following organizations to the 1995 Charitable Gambling 10% Club: B.T. Bombers Boxing Club, Eastview Booster Club, Merriam Park Booster Club, Scheffer Booster Club, and West Minnehaha Booster Club. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 5 of 8 Adopted Yeas - 7 Nays - 0 30. Resolution - 95 -269 - Accepting the Council Research report titled "An Overview of City of Saint Paul Fringe Benefits Policies." (For referral to the Finance and Budget Committee) Referred to the Finance and Budget Committee 31. Resolution - 95 -270 - Urging the Ramsey County Delegation to eliminate the T.A.C.LP. Board as the State agency providing communication services for speech and hearing- impaired citizens. (For referral to the IGR Committee) Referred to the Intergovernmental Relations Committee 32. Preliminary Order - 95 -271 - In the matter of sidewalk construction (new) on both sides of South Albert Street from Randolph Avenue to Highland Parkway, and setting date of public hearing for May 10, 1995. (File 4S95030) Adopted Yeas - 7 Nays - 0 33. Preliminary Order - 95 -272 - In the matter of condemning and taking a permanent utility easement for the purpose of maintaining the Goodrich /Western Storm Sewer Outlet located adjacent to the Smith Avenue High Bridge; easement is over, under, and across Soo Line Railroad property, and setting date of public hearing for May 17, 1995. (File 418677E2) Adopted Yeas - 7 Nays - 0 COMMITTEE REPORTS 34. Resolution - 95 -185 - Supporting District Energy Saint Paul to pursue amending the 1994 Biomass Power Mandate legislation to enable this project to qualify for the 1998 mandate for electric energy - installed capacity. (IGR Committee recommends approval) Adopted Yeas - 6 Nays - 1 (Rettman) DISCUSSION 35. Resolution - 95 -273 - Supporting the statement of direction and priorities for the development of a housing information and communication plan. (For referral to the Community and Economic Development Committee on March 22, 1995) Referred to the Community and Economic Development Committee Yeas - 6 Nays - 0 (Thune not present for vote) 36. Resolution - 95 -274 - Accepting process for Community Development Agenda as proposed by Mayor Coleman. (For referral to the Community and Economic Development Committee on March 22, 1995) Referred to the Community and Economic Development Committee Yeas - 5 Nays -1 (Guerin) (Rettman not present for vote) ORDINANCES 37. Final Adoption - 95 -20 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning; adding provisions regulating the location of firearms dealers. (City Operations file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 6 of 8 Committee recommends approval of a substitute ordinance) (Amended and laid over from March 8) Adopted Yeas - 6 Nays -1 (Guerin) 38. Final Adoption - 94 -706 - An ordinance amending Chapter 366 of the Legislative Code by adding language authorizing the Police Chief to assess a fee to cover the cost of providing security for a block party, community festival, special event, march, demonstration or public gathering. (Recalled and laid over from February 8) (Finance and Budget Committee recommends approval) (Laid over from March 1) Laid over indefinitely Yeas - 7 Nays - 0 39. Final Adoption - 95 -105 - An ordinance amending Chapter 18 of the Legislative Code by abolishing the Property Code Board of Appeals and shifting the appeals to the Legislative Hearing Officer. (Laid over from February 15) Failed Yeas - 3 Nays - 4 (Blakey, Grimm, Guerin, Megard) 40. First Reading - 95 -275 - An ordinance finalizing City Council action taken on February 15, 1995, approving a petition of Salvation Army to rezone property located at 626 Lawson Avenue from RT -1 to B -2. Laid over to March 22 for second reading 41. First Reading - 95 -276 - An ordinance establishing the position entitled Assistant Fire Chief as specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H). Laid over to March 22 for second reading PUBLIC HEARINGS 42. Third Reading - 95 -203 - An ordinance amending Sections 60.206, 60212, 60.213, 62.103 and 62.113 of the Saint Paul Legislative Code pertaining to zoning lots, useable floor area, and parking regulations. Laid over to March 22 for final adoption 43. Resolution - 95 -277 - Approving application for a Recycling Center License by Diversified Metals, Inc. (Christopher Stropes), 803 Berry Street. (ID 443738) Substitute Introduced and Adopted Yeas - 7 Nays - 0 44. Resolution - 95 -278 - Approving application for an Auto Repair Garage License by John T. Faughn, dba Auto Craft, 1202 North Dale Street. (ID 421113) Adopted Yeas - 7 Nays - 0 45. Resolution - 95 -279 - Approving application for the transfer of the Grocery -C, Off Sale Malt and Cigarette License currently issued to Craig Sax, dba Craig's Country Boy, 922 Thomas Avenue, to fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 7 of 8 Awny A. Alkatout at the same address. (ID 474573 & 01363) Adopted Yeas - 7 Nays - 0 46. Resolution - 95 -280 - Approving application for an Off Sale Malts License by Touni El Bazi, dba Sally's Food Market, 1046 Arcade Street. (ID 421049) Adopted Yeas - 7 Nays - 0 47. Resolution - 95 -281 - Approving application for Gambling Manager's Licenses by Laura DeMike, dba Harding Area Hockey, at Minnehaha Tavern, 735 White Bear Avenue North, and Michael's, 1179 7th Street East. (ID 468460 & 35543) Adopted Yeas - 7 Nays - 0 48. Resolution - 95 -282 - Approving application for a Class A Gambling Location License by Campus Sports Grill & Nightclub, Inc., 2554 Como Avenue. (ID 433083) Adopted Yeas - 7 Nays - 0 49. Resolution - 95 -283 - Approving application for a Gambling Manager's License by Robert McNamara, dba Baseline Club, Inc., at Campus Sports Grill, 2554 Como Avenue. (ID 477152) Adopted Yeas - 7 Nays - 0 50. Resolution - 95 -284 - Approving application for a State Class B Gambling Premise Permit by Leonard Shope on behalf of Baseline Club, Inc. at Campus Sports Grill, 2554 Como Avenue. (ID 413- 04320) Adopted Yeas - 7 Nays - 0 51. Resolution - 95 -285 - Ordering the owner(s) to remove or repair the building at 511 Case Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends layover to April 18, 1995, contingent on the property being secured) Adopted Yeas - 7 Nays - 0 52. Resolution - 95 -286 - Ordering the owner(s) to remove or repair the building at 654 Holly Avenue within fifteen (15) days six (6) months from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 7 Nays - 0 53. Resolution - 95 -287 - Ordering the owner(s) to remove or repair the building at 650 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 54. Resolution - 95 -288 - Ordering the owner(s) to remove or repair the building at 696 Wells Avenue fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010 Page 8 of 8 within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 55. Resolution Ratifying Assessment - 95 -289 - In the matter of boardings up of vacant buildings for April 1994 (J941 1B 9619); boardings up of vacant buildings for May 1994 (J9421B 9620); boardings up of vacant buildings for June 1994 (J9422B 9621); boardings up of buildings damaged by fired in 1994 (J9432B 9622); demolition of vacant buildings for August through November 1994 (J9411C 9623); added expenses incurred after demolition at 443 Fisk Street (J9412C 9624); summary abatements (property clean -up) for summer of 1994 (J9411TDBC 9625); and summary abatements (property clean- up) from mid - August to mid - September 1994. Adopted Yeas - 7 Nays - 0 with the following exceptions: 1485 Albermarle St (J9411TDBC), 293 Harrison (J9411), 430 Whitall St. (J941 113), 50 Mounds Blvd. (J9411TDBC) be deleted; and 344 Duke (J9411B), 242 Rose St. and 250 Rose St. (formerly 246 Rose St.) (J941 IQ, 443 Fisk Street (J9411B), 994 Iglehart (J9411TDBC), 2036 Third Street (J9422B), and 226 North Grotto (J9432B) be laid over to be heard by the Legislative Hearing Officer on April 4, 1995, and the City Council on April 12, 1995. 56. Public hearing on the report of the Administrative Law Judge concerning adverse action against taxicab license held by Robert M. Marrone, Jr. City Council discussion continued to March 22. 57. Appeal of Dave LePage to a decision of the Board of Zoning Appeals granting a variance for 12 parking spaces at 449 East 7th Street to permit an existing building to be re -used as a restaurant. Denied Yeas - 7 Nays - 0 Suspension Item Resolution 95 -291 - Requesting City staff to take steps before the Minnesota Legislature to protect St. Paul's right to control the use of the municipal right -of -way by all telecommunication providers; and directing City staff to express the City's concerns about the impact of excluding neighborhoods from receiving the Integrated System Digital Network (ISDN) services. Laid over to March 22 Yeas - 7 Nays - 0 (to be referred to the IGR Committee) MISCELLANEOUS 58. Resolution - 95 -290 - Recognizing Commander Neil Rondorf, Commander of the U.S. Navy Submarine USS Minneapolis -Saint Paul (SSN 708). 59. Parks and Recreation Youth Volunteer of the Month Awards for January /February. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114023\Minutes 3 -... 12/15/2010