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Minutes 3-22-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 22nd, 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 • Ordinances • Public Hearings • Suspension Items Present - 7 - Councilmembers Blakey, Harris, Grimm, Guerin, Megard, Rettman, Thune Absent - 0 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 February 15 and February 22, 1995, meetings, and February 22, 1995, Closed Door Session. Adopted Yeas - 7 Nays - 0 2. Claims of Kathryn Mary Dale, Gordon J. Schwarz, Bessy Stowers (represented by Gary R. Bryant - Wolf), and Michelle V. Thissen. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 2 of 7 Referred to the City Attorney's Office 3. Summons and Amended Complaint in the matter of Ramona Smerer vs. the City of Saint Paul, et. al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of L & W Supply Corporation, dba M & S Drywall Supply, vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Communication from St. Paul Animal Control dated March 14, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 6. Letter from the Division of Public Health declaring 1058 Matilda Street as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary) 7. Letters from the Division of Public Health declaring 783 Central Avenue West and 835 Clear Avenue as "nuisance properties ", and setting Legislative Hearings for April 4, 1995, and City Council Hearings for April 12, 1995. 8. Administrative Orders: . D00488 Amending the 1994 budget in the Office of License, Inspections, and Environmental Protection (LISP) to balance the general fund budget. . D00489 Amending the 1994 budget in the Office of License, Inspections, and Environmental Protection (LISP) to balance the special fund budget. D00490 Addition of $1,490 to the contract for Neighborhood House /El Rio Vista Recreation Center Addition and Remodeling. Noted as on file in the City Clerk's Office 9. Resolution - 95 -249 - Approving the reappointments, by Mayor Coleman, of Robert Engelhardt, Vic Wittgenstein, and Nancy Tracy to Our Fair Carousel Board. (Laid over from March 15 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 95 -250 - Approving the reappointments of Ruth Blackman and Terry Trooien, and the appointment of Kris Reiter, by Mayor Coleman, to the Skyway Governance Committee. (Laid over from March 15 for adoption) Adopted Yeas - 7 Nays - 0 11. 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) (Laid over from March 15 for adoption) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 3 of 7 Adopted Yeas - 7 Nays - 0 12. 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) (Laid over from March 15 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 95 -253 - Approving renewal of an Auto Body Repair Garage License by John M. Smith, 453 7th Street West. (ID 419346) (Laid over from March 15 for adoption) Adopted Yeas - 7 Nays - 0 14. 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. (Laid over from March 15 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 95 -292 - Approving and ratifying the appointment of John Hamilton to the title of Human Resources Director of the City of Saint Paul. Adopted Yeas - 7 Nays - 0 16. Resolution - 95 -293 - Establishing the rate of pay for the Water Plant Production Supervisor classification in the Salary Plan and Rates of Compensation Resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 95 -294 - Approving agreement between Ramsey County and the City of Saint Paul for Cablecasting Services. Adopted Yeas - 7 Nays - 0 18. Resolution - 95 -295 - Amending the 1995 budget in the Department of Finance /Cable Communications to reflect reduction of $135,012 in Fund 166. Adopted Yeas - 7 Nays - 0 19. Resolution - 95 -296 - Approving payment of $12,500, from the Tort Liability Fund, to Michael Adegoke in full settlement of his claim against the City of St. Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 95 -297 - Granting a sound level variance for the Lallapalooza event on Harriet Island on Friday, July 14, 1995. Adopted Yeas - 7 Nays - 0 21. Resolution - 95 -298 - Authorizing the Office of License, Inspections, and Environmental Protection file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 4 of 7 (LISP) to apply for a three -year grant for $74,031 from the Metropolitan Council's Twin Cities Water Quality Initiative (TCQI) Grant Program. Adopted Yeas - 7 Nays - 0 22. Resolution - 95 -299 - Amending the 1995 budget in the Office of Human Rights by transferring 1994 Special Funds "Social Prevention Strategy" Fund Balance to the 1995 Budget. Adopted Yeas - 7 Nays - 0 23. Resolution - 95 -300 - Approving disbursement of Youth Program Funds to the following organizations: Arlington Youth Club; Boy Scout Troop 458; Boosters East; Desnoyer Park Improvement Association; Dunning Boosters; East Side Wrestling Organization; Eastview Booster Club; Merriam Park Booster Club; Operation St. Kris II; St. Paul Science Fair Support Group; Scheffer Booster Club; Sports for Life; Snelling /Hamline Community Council; Twin Star Baseball Club; Wilder Youth Club, Inc.; and Youth Express. Adopted Yeas - 7 Nays - 0 24. Resolution - 95 -301 - Amending the 1995 budget in the Division of Parks and Recreation by adding $12,000 to the Financing and Spending Plans to use funds donated from Riverfront Corporation to pay for an event person to assist with planning and implementation of riverfront summer activities. Adopted Yeas - 7 Nays - 0 25. Resolution - 95 -302 - Setting project priorities for 1996 Residential Street Paving. Adopted Yeas - 7 Nays - 0 26. 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 from March 15) Substitute Introduced and Adopted Yeas - 7 Nays - 0 DISCUSSION 27. Report of the Administrative Law Judge concerning adverse action against taxicab license held by Robert M. Marrone, Jr. (Public Hearing held March 15; City Council discussion laid over from March 15) Suspension Item Resolution - 95 -311 - Revoking the Taxicab Driver's License (420948) held by Robert M. Marrone, Jr. (Public hearing held March 15) Adopted Yeas - 7 Nays - 0 28. Resolution - 95 -303 - Requesting that in the future, payment towards premiums for City employees' retiree health benefits be provided through collective bargaining agreements. Laid over to April 19 Yeas - 6 Nays - 0 Abstention - 1 (Guerin) 29. Resolution - 95 -304 - Repealing Council Resolution 93 -1027 in its entirety upon the effective date of file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 5 of 7 the next collective bargaining agreement between the City of Saint Paul and the Saint Paul Police Federation. Laid over to April 19 Yeas - 7 Nays - 0 Suspension Items Resolution - 95 -312 - Agreeing to hold a closed meeting to consider strategy for labor negotiations on March 29, 1995, at 2:45 p.m. in the Northwest Conference Room, Third Floor, City Hall. Adopted Yeas - 7 Nays - 0 Resolution - 95 -313 - Retaining a labor mediator to resolve retiree health insurance costs. Laid over to March 29 Yeas - 6 Nays - 0 Abstention -1 (Guerin) COMMITTEE REPORTS 30. Resolution - 95 -198 - Accepting the Council Research report titled "Cable Television Access Services: Lower cost Alternatives." (City Operations Committee recommends accepting the report) Adopted Yeas - 7 Nays - 0 31. Resolution - 95 -226 - Recommending that the Minnesota State Legislature consider airports classified as intermediate by the Metropolitan Airports Commission and the Minnesota State Legislature be included in detachment law concerning City and School District taxation. (IGR Committee referred back to Council without recommendation) Adopted Yeas - 6 Nays -1 (Megard) ORDINANCES 32. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 33. Second Reading - 95 -275 - An ordinance finalizing City Council action approving a petition of Salvation Army to rezone property located at 626 Lawson Avenue from RT -1 to B -2. (Public hearing held February 15, 1995) Laid over to March 29 for third reading /public hearing 34. Second 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 29 for third reading /public hearing file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 6 of 7 35. First Reading - 95 -305 - Finalizing City Council action approving the petition of Eugene Schway and Jerome Gotlieb to rezone property located at 1601 Jackson Street from RM -1 to OS- 1. (Public hearing held March 1, 1995) Laid over to March 29 for second reading PUBLIC HEARINGS 36. Resolution - 95 -209 - Ordering the owner(s) to remove or repair the building at 217 -219 Bates Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete the rehabilitation, contingent on obtaining the code compliance inspection and the posting of appropriate bonds by the March 1 City Council Meeting) (Laid over from March 8) Adopted Yeas - 7 Nays - 0 (remove or repair building within 15 days) 37. Resolution - 95 -211 - Ordering the owner(s) to remove or repair the building at 898 Selby Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Adopted March 1, 1995; Reconsidered and laid over March 8) Adopted Yeas- 7 Nays - 0 38. Resolution - 95 -306 - Amending Council File 95 -164 regarding the property at 577 Orleans Street to establish new conditions for the rehabilitation of this nuisance property. Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 39. Final Order - 95 -307 - In the matter of condemning and taking of a permanent utility easement in connection with the Davern /Edgcumbe Area Sewer Separation Project located near Davern Street and Lower St. Dennis Road. (File 418748E) Adopted Yeas - 7 Nays - 0 40. Amended Final Order - 95 -308 - In the matter of condemning and taking a permanent utility easement for the Bates McLean Area sewer Separation Project. (File 418762E1) Adopted Yeas - 7 Nays - 0 41. Final Order - 95 -309 - In the matter of condemning and taking of permanent and temporary easements for the construction and future maintenance of the 7th /Cedar Area Combined Sewer Separation Project. (File 418765E) Adopted Yeas - 7 Nays - 0 42. Final Order - 95 -3 10 - In the matter of condemning and taking temporary construction easements in the Como /Arona Area Sewer Separation Project. (File 418767E1) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010 Page 7 of 7 43. Final Order - 95 -245 - In the matter of United /Children's Hospital Streetscape and Decorative Lighting Improvements on Smith and Grand Avenues. (File 418777) (Laid over from March 8) Substitute Introduced and Adopted Yeas - 7 Nays - 0 44. Final Order - 95 -246 - 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 from March 8) Substitute Introduced and Adopted Yeas - 7 Nays - 0 45. Public hearing to consider the request of Gloria Beath (Mesabi Engineering) to rezone property from R -4 (residential) to P -1 (parking) to allow a parking lot at 835 Clear Avenue for the business at 1350 Arcade Street. Motion of Intent Adopted Yeas - 7 Nays - 0 Reconsidered Item 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. (Failed on March 15) Reconsidered and Adopted Yeas - 7 Nays - 0 Suspension Item Resolution - 95 -314 - Approving the release of easements for slopes, cuts and fills on property affected by the vacation of a section of Birmingham Street at Maryland Avenue. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114037\Minutes 3 -... 12/15/2010