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Minutes 3-8-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 8, 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 • Public Hearings • Suspension Items Present - 7 - Blakey, Guerin, Grimm, Harris, 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 1 and February 8, 1995 meetings. Adopted Yeas - 7 Nays - 0 2. Claims of Grambley Kemari, Raymond Mithun, Clayton Ray, and Matt Wetzel. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 2 of 7 3. Summons and Amended Complaint in the matter of Catherine M. LeClair vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Notice of Claim in the matter of Paul Plaster. Referred to the City Attorney's Office 5. Letter from the Office of the City Attorney announcing date of public hearing for March 15, 1995, regarding the report of the Administrative Law Judge in the matter of the taxicab license held by Robert M. Marrone, Jr. 6. Letter from the Office of License, Inspections and Environmental Protection announcing public hearing for March 15, 1995, to consider the 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. 7. Letter from the Department of Planning and Economic Development announcing date of public hearing for March 22, 1995, to consider the application 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. 8. Administrative Orders: . D00480 Approving sponsorship and payment of approximately $6,000 for the Police Department's Volunteer Banquet. . D00481 Addition of $29,212.51 to the contract for Hazelwood -Case Sewer and Paving. . D00482 Addition of $173,293.70 to the contract for Minnehaha -Ruth Storm Sewer and Paving. . D00483 Addition of $275 to the contract for fabrication and installation of reference desk, table and bookcase at the Central Library. . D00484 Amending the 1994 budget in the Division of Public Health by transferring spending authority between various general fund activities object codes. Noted as on file in the City Clerk's Office 9. Resolution - 95 -216 - Approving the appointment of Milissa Silva, by Mayor Coleman, to the position of Assistant to the Mayor. Adopted Yeas - 7 Nays - 0 10. Resolution - 95 -217 - Approving the appointment, by Mayor Coleman, of Kristine Jacobs to the Private Industry Council. (To be laid over one week for adoption) Laid over to March 15 for adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 3 of 7 11. 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. (To be laid over one week for adoption) Laid over to March 15 for adoption 12. 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. (To be laid over one week for adoption) Laid over to March 15 for adoption 13. Resolution - 95 -220 - Allowing the Saint Paul Saints Northern League Baseball Team to use the Division of Parks and Recreation's licenses to sell 3.2 beer at Midway Stadium in 1995 under certain terms and conditions. Adopted Yeas - 7 Nays - 0 14. Resolution - 95 -221 - Authorizing the Saint Paul Board of Health to appoint and authorize persons to act on the Board's behalf and bind the Board for various purposes. Adopted Yeas - 7 Nays - 0 15. Resolution - 95 -222 - Approving contract for water service between the City of West St. Paul and the Board of Water Commissioners. Adopted Yeas - 7 Nays - 0 16. Resolution - 95 -223 - Approving the use of assessment financing in accordance with City policy for the installation of a fire protection system for James Productions at 1515 Brewster Street. Adopted Yeas - 7 Nays - 0 17. Resolution - 95 -224 - Amending the Financing and Spending Plans of the 1995 budget by transferring $31,000 from General Fund balance to the Park Land Replacement Fund 720 Debt - Capital Improvement Fund. Adopted Yeas - 7 Nays - 0 18. Resolution - 95 -225 - Directing staff to work with the Center for Energy and the Environment to develop a Twin City U.S. Department of Energy Rebuild America grant. Adopted Yeas - 7 Nays - 0 19. 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. (For referral to the Intergovernmental Relations Committee) Referred to the Intergovernmental Relations Committee fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 4 of 7 20. Preliminary Order - 95 -227 - In the matter of sidewalk reconstruction on both sides of North Grotto Street from Aurora Avenue to Fuller Avenue, and setting date of public hearing for May 3, 1995. (File 4595002) Adopted Yeas - 7 Nays - 0 21. Preliminary Order - 95 -228 - In the matter of sidewalk reconstruction on the west side of Greenbrier Street from East Rose Avenue to East Maryland Avenue and the north side of East Rose Avenue from Payne Avenue to Greenbrier Street, and setting date of public hearing for May 3, 1995. (File 4595003) Adopted Yeas - 7 Nays - 0 22. Preliminary Order - 95 -229 - In the matter of sidewalk reconstruction on both sides of East Fourth Street from Germain Street to Kennard Street, and setting date of public hearing for May 3, 1995. (File 4595004) Adopted Yeas - 7 Nays - 0 23. Preliminary Order - 95 -230 - In the matter of sidewalk reconstruction on the north side of Wordsworth Avenue from Edgcumbe Road to Sue Street; and 1860, 1864 and 1872 Wordworth Avenue, and setting date of public hearing for May 3, 1995. (File 4595005 & 595006) Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 95 -231 - In the matter of sidewalk reconstruction on the east side of Orleans Street from West Stevens Street to West King Street; the north side of West King Street from Ohio Street to Orleans Street; the south side of West Stevens Street from Ohio Street to Orleans Street; and both sides of West Winona Street from South Smith Avenue to Manomin Avenue, and setting date of public hearing for May 3, 1995. (File 4595007 & 595008) Adopted Yeas - 7 Nays - 0 25. Preliminary Order - 95 -232 - In the matter of sidewalk reconstruction on both sides of Blair Avenue from North Pascal Street to Asbury Street; the north side of Midway Parkway from Bison Avenue to North Pascal Street; both sides of West Minnehaha Avenue from North Pascal Street to Asbury Street; the east side of Raymond Avenue from Bradford Street to Long Avenue and the west side of Raymond Avenue from Territorial Road to Bayless Place; both sides of Raymond Avenue from Buford Avenue to Hendon Avenue; both sides of Raymond Avenue from Carter Avenue to Doswell Avenue; both sides of Raymond Avenue from Doswell Avenue to Buford Avenue; and both sides of Raymond Avenue from Hendon Avenue to Dudley Avenue, and setting date of public hearing for May 3, 1995. (File 4S95009- 595016) Adopted Yeas - 7 Nays - 0 26. Preliminary Order - 95 -233 - In the matter of sidewalk reconstruction at 321 and 331 Burgess Street; both sides of Case Avenue from Edgerton Street to Jessie Street; both sides of West Cook Avenue from North Western Avenue to Cumberland Street; with integral curb on both sides of Front Avenue from North Chatsworth Street to North Oxford Street; both sides of Galtier Street from Maryland Avenue West to Orange Avenue West; both sides of Galtier Street from West Orange Avenue to West Ivy Avenue; both sides of North Grotto Street from West Wheelock Parkway to West Ivy Avenue; both fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 5 of 7 sides of Hatch Avenue from Ryde Street to North Chatsworth Street; both sides of Kilburn Street from Front Avenue to Orchard Avenue; both sides of Marion Street from West Maryland Avenue to West Orange Avenue; east side of Maywood Street from West Orange Avenue to West Wheelock Parkway; south side of Orchard Avenue from Churchill Street to North Lexington Parkway; and both sides of Woodbridge Street from West Maryland Avenue to West Orange Avenue, and setting date of public hearing for May 3, 1995. (File 4S95017- S95029) Adopted Yeas - 7 Nays - 0 ORDINANCES 27. 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 Committee recommends approval of a substitute ordinance) (Amended and laid over from March 1) Amended and laid over to March 15 for final adoption Yeas - 7 Nays - 0 28. Final Adoption - 94 -1610 - An ordinance to permit the City Council to waive the 45 -day notice requirement for hearings on the issuance of liquor licenses in cases of hardships. (Laid over from December 14) (City Operations Committee recommended a three- month layover in Committee) Laid over to April 5 for final adoption Yeas - 7 Nays - 0 29. Second 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 15 for third reading /public hearing 30. Second Reading - 95 -204 - An ordinance amending the Saint Paul Legislative Code by adding a new chapter establishing a user charge for excessive consumption of police services. (Referred to City Operations Committee on March 1 with readings to continue) Laid over to May 31 for third reading /public hearing Yeas - 7 Nays - 0 PUBLIC HEARINGS 31. 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 1) Laid over to March 22 Yeas - 7 Nays - 0 32. 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 6 of 7 approval) (Adopted March 1, 1995; to be recalled by Councilmember Blakey) Reconsidered and laid over to March 22 Yeas - 7 Nays - 0 33. Resolution - 95 -234 - Approving adverse action against cigarette license held by Total Mart at 1351 Randolph Avenue, 976 7th Street East, and 1529 White Bear Avenue North. (Uncontested) Adopted Yeas - 7 Nays - 0 34. Resolution - 95 -235 - Approving adverse action against cigarette license held by Pyramid's Market, 600 Selby Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 35. Resolution - 95 -236 - Approving adverse action against cigarette license held by Tom Thumb Food Market 4175, 1190 Randolph Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 36. Resolution - 95 -237 - Approving adverse action against cigarette license held by Galles Liquors, 1325 Randolph Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 37. Resolution - 95 -238 - Approving adverse action against cigarette license held by Park Liquor Store, 140 Snelling Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 38. Resolution - 95 -239 - Approving adverse action against cigarette license held by Lulu Food Mart & Deli, 1626 Selby Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 39. Resolution - 95 -240 - Approving adverse action against cigarette license held by East Side Pharmacy Inc., 824 White Bear Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 40. Resolution - 95 -241 - Approving adverse action against cigarette license held by Lou's Food Market, 1199 White Bear Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 41. Resolution - 95 -242 - Approving adverse action against cigarette license held by Gala Foods, 1600 White Bear Avenue North. (Uncontested) Adopted Yeas - 7 Nays - 0 42. Resolution - 95 -243 - Approving adverse action against cigarette license held by Quick Pick fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010 Page 7 of 7 Grocery, 993 Payne Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 43. Resolution - 95 -244 - Approving adverse action against cigarette license held by Quick Stop Liquor, 824 7th Street East. (Uncontested) Adopted Yeas - 7 Nays - 0 44. 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 February 22) Laid over to March 22 Yeas - 7 Nays - 0 45. 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 February 22) Laid over to March 22 Yeas - 7 Nays - 0 46. Petition of Scraper Development, Ltd. et al for the vacation of the 10 foot alley adjoining lots 1 through 5 and the 20 foot alley adjoining lots 5 through 8, Block 1, Bauerschmidt's Addition and parts of Birmingham Street and Prosperity Avenue north of Maryland Avenue to allow development of the property for a Walgreens Pharmacy store. Suspension Items Resolution - 95 -247 - Approving vacation of alley in Block 1, Bauerschmidt's Addition bounded by Etna Street, Birmingham Street, and lying north of Maryland Avenue. Adopted Yeas - 7 Nays - 0 Resolution - 95 -248 - Approving vacation of part of Birmingham Street north of Maryland Avenue and westerly of Prosperty Avenue. Adopted Yeas - 7 Nays - 0 MISCELLANEOUS 47. American Red Cross presentation of certificate of merit award to Gary and Kathy Geragi. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114112\Minutes 3 -... 12/15/2010