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Minutes 4-12-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 12, 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 • Recalled Items • Suspension Items Present - 7 - Councilmembers 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 March 8, 1995, meeting. Adopted Yeas - 7 Nays - 0 2. Claims of Edmund R. Kuehlwein, Denise D. Larson, M.J. Miller, Luci Shipton, Gerald H. Thole, and fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 2 of 8 Teresa M. Wrobleski. Referred to the City Attorney's Office 3. Jurisdiction Motion & Motions (2) and Jurisdiction Plaintiffs Answer to St. Paul's Disclosures in the matter of Michael J. Dreyling vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Communication from St. Paul Animal Control dated March 20, March 27, April 3, and April 4, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 5. Letter from the Division of Public Health declaring 407 Thomas Avenue as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary. 6. Letters from the Ramsey County Department of Taxation transmitting Applications AC94 -2471 (933 White Bear Avenue); AC94 -2865 (1252 Hazelwood Street); AC94 -2911 (674 Mendota Street); AC95- 4059 (Fisher Nut Company); and AC95 -4064 (590 Rice Street) for reduction in assessed valuation. (Real Estate Division recommends approval) Laid over to April 19 Yeas - 7 Nays - 0 7. Administrative Orders: . D00509 Amending the budget of the Urban Revitalization Action Program (URAP) fund to balance the Activity Budgets within a number of URAP funded projects. . D00510 Amending the budget of the Community Development Block Grant (CDBG) Fund by adding $48,000 for the Webster Playground Project. . D00511 Amending the budget of the CDBG and URAP Funds to increase funding for the Wabasha Development Initiative II Project. . D00512 Amending the budget of the CDBG Fund by adding $48,000 for the Concentrated East Side Residential Project. . D00513 Reimbursement of interview travel expenses in the amount of $600 for the Human Resources Director candidates. . D00514 Authorizing payment of $1,500 for sponsorship of the 1995 Walter & Lydia Deubener Awards for Small Business Innovation and Entrepreneurship. . D00515 Amending the 1994 budget of Citywide Information Systems to balance the CIS Activity at the major object code level. . D00516 Amending the 1995 budget of the Office of Human Resources by moving excess salary dollars to cover travel interview expenses and relocation expenses for John Hamilton, Human Resources Director. . D00517 Amending the budget of the CDBG Fund by adding $9,157.04 for the Taxi Refueling fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 3 of 8 Station Project budget. . D00518 Addition of $9,157.04 to the contract for Environmental Cleanup at the Northwest Corner of Dayton Avenue and Dale Street. . D00519 Amending the 1994 budget in the Department of Public Works /Capital Projects by transferring Sewer Service Funds from the 1994 Inflow /Infiltration Project to the 1994 Channelization Project to fund sewer repair of regulator at Randolph Avenue & Mississippi River Boulevard. Noted as on file in the City Clerk's Office 8. Resolution - 95 -330 - Approving the appointments of Rich O'Connor, Mary Thoemke, and Greg Copeland, and the reappointment of Robert Engelhardt, by Mayor Coleman, to the Capital Improvement Budget Committee. (Laid over from April 5 for adoption) Adopted Yeas - 7 Nays - 0 9. Resolution - 95 -367 - Approving the appointment of George McMahon to the Labor Interpretive Center Board of Directors. (To be laid over one week for adoption) Laid over to April 19 for adoption 10. Resolution - 95 -331 - Approving the 1995 Memorandum of Agreement amending the 1993 -1995 Collective Bargaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local Number 20. (Laid over from April 5 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 95 -332 - Amending the Civil Service Rules concerning unsatisfactory performance evaluations. (Laid over from April 5 for adoption) Substitute introduced, amended, and laid over to April 19 Yeas - 7 Nays - 0 12. Resolution - 95 -333 - Adopting the 1996 -2000 Capital Allocation Policy. (Laid over from April 5 for adoption) Laid over to April 19 Yeas - 7 Nays - 0 13. Resolution - 95 -368 - Approving participation by the City of Saint Paul in the Clean Fuels Minnesota Program. Adopted Yeas - 7 Nays - 0 14. Resolution - 95 -369 - Approving construction of a noise barrier on the east side of Trunk Highway 280; MnDOT project number SP 6242 -61. Laid over to April 26 Yeas - 7 Nays - 0 15. Resolution - 95 -370 - Accepting the Public Works' report titled "Above Standard Lighting and High Crime Areas: A Feasibility Study ". Referred to the Ad Hoc Public Safety Committee Yeas - 7 Nays - 0 16. Resolution - 95 -371 - Accepting an additional $11,970,000 in State Grant Funds to partially finance Saint Paul's 1995 sewer separation program. Adopted Yeas - 7 Nays - 0 17. Resolution Approving Assessment - 95 -372 - In the matter of condemning and taking a permanent utility easement in connection with the Davern /Edgcumbe Area Sewer Separation Project, and setting file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 4 of 8 date of public hearing for May 10, 1995. (File 418748E) Adopted Yeas - 7 Nays - 0 18. Resolution Approving Assessment - 95 -373 - In the matter of condemning and taking a permanent utility easement for the Bates/McLean Area Sewer Separation project, and setting date of public hearing for May 10, 1995. (File 418762E1) Adopted Yeas - 7 Nays - 0 19. Resolution Approving Assessment - 95 -374 - In the matter of condemning and taking a temporary easement for the construction of the Seventh /Cedar Area Combined Sewer Separation Project, and setting date of public hearing for May 10, 1995. (File 418765E) Adopted Yeas - 7 Nays - 0 20. Resolution Approving Assessment - 95 -375 - In the matter of condemning and taking a temporary easement in connection with the Como /Arona Sewer Separation Project, and setting date of public hearing for May 10, 1995. (File 418767E1) Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 95 -376 - In the matter of condemning and taking a permanent easement for public right -of- way purposes near Prosperity Avenue and Rose Avenue, and setting date of public hearing for May 10, 1995. (File 418779 -E) Adopted Yeas - 7 Nays - 0 22. Preliminary Order - 95 -377 - In the matter of sidewalk reconstruction at 2223 Fairmount Avenue, and setting date of public hearing for June 14, 1995. (File 4595035) Adopted Yeas - 7 Nays - 0 23. Preliminary Order - 95 -378 - In the matter of sidewalk reconstruction on both sides of Duluth Street from Ross Avenue to East Seventh Street; both sides of East Lawson Avenue from Arcade Street to Mendota Street; and the east side of Prosperity Avenue from Ames Avenue to East Magnolia Avenue, and setting date of public hearing for June 14, 1995. (File 4595037- 595039) Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 95 -379 - In the matter of sidewalk reconstruction on the west side of Edgerton Street from York Avenue to Case Avenue; both sides of East Lawson Avenue from Mississippi Street to Westminster Street; both sides of East Lawson Avenue from Westminster Street to Arkwright Street; south side of West Maryland Avenue from Galtier Street to Matilda Street; and west side of Westminster Street from East Hoyt Avenue to approximately 400 ft. south of East Hoyt Avenue, and setting date of public hearing for June 14, 1995. (File 4595043 - 595047) Adopted Yeas - 7 Nays - 0 25. Preliminary Order - 95 -380 - In the matter of sidewalk reconstruction on both sides of East Lawson file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 5 of 8 Avenue from Edgerton Street to Payne Avenue, and setting date of public hearing for June 14, 1995. (File 4S95048) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 26. Resolution - 95 -381 - Authorizing the loan of $1,525,000 from the General Fund to the Civic Center Authority for improvements to the Saint Paul Civic Center Arena. Adopted Yeas - 7 Nays - 0 27. Resolution - 95 -382 - Authorizing the execution and delivery of a first amendment to the Joint Pledge Agreement in connection with the issuance by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, of its sales tax revenue refunding bonds (Civic Center Project), Series 1996, and authorizing other actions in connection therewith. Adopted as amended Yeas - 6 Nays - 1 (Harris) ORDINANCES 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 hardship. (Laid over from April 5) Laid over to May 10 Yeas - 7 Nays - 0 29. Final Adoption - 95 -305 - An ordinance 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) Adopted Yeas - 7 Nays - 0 30. Second Reading - 95 -349 - An ordinance amending Section 60.803(5)(d) of the Saint Paul Zoning Code pertaining to Overlay Parking Districts, pending the completion of studies of possible amendments to the City's regulatory ordinances, pursuant to Minnesota Statutes, Section 462.355, Subdivision 4. Laid over to April 19 for third reading /public hearing 31. Second Reading - 95 -350 - An ordinance preserving the status quo with respect to the establishment of drop -in centers within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and regulatory ordinances concerning drop -in centers, which ordinance is enacted pursuant to Minnesota Statutes, Section 462.355, Subdivision 4. Laid over to April 19 for third reading /public hearing 32. Second Reading - 95 -351 - An ordinance finalizing City Council approval of a petition of Gloria Beath (Mesabi Engineering) to rezone property located at 835 Clear Avenue from R -4 to P -1. (Public hearing held March 22, 1995) Laid over to April 19 for third reading 33. Second Reading - 95 -352 - An ordinance amending Sections 60.201 and 64.300 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to April 19 for third reading /public hearing file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 6 of 8 34. Second Reading - 95 -360 - An ordinance suspending five -car parking exemption in the East Grand Avenue area. Withdrawn PUBLIC HEARINGS 35. Resolution - 95 -324 - Approving application for a Second Hand Dealer Motor Vehicle License by MFK EFK Enterprises, dba Sam's Auto Sales & Service, 845 South Robert Street. (ID 49828 1) (Laid over from March 29) Adopted as amended Yeas - 7 Nays - 0 36. Final Order - 95 -383 - In the matter of improving Annapolis Street between Stickney Street and Concord Street. (File 418785) Adopted Yeas - 7 Nays - 0 37. Final Order - 95 -384 - In the matter of construction and /or repair of sanitary, storm sewer and /or water service connections, if requested by the property owner, in conjunction with improving Annapolis Street from Stickney Street to Concord Street. (File 418786) Adopted Yeas - 7 Nays - 0 38. Final Order - 95 -385 - In the matter of improving the east -west alley in Block 7, Eastville Heights Addition bounded by Rose, Forest, Geranium and Mendota. (File 418787) Adopted Yeas - 7 Nays - 0 39. Final Order - 95 -386 - In the matter of condemning and taking an easement in the land necessary for grading and paving the alley in Block 7, Eastville Heights Addition. (File 418787 -5) Adopted Yeas - 7 Nays - 0 40. Final Order - 95 -387 - In the matter of condemning and taking fee title in property at 722 Payne Avenue to construct the Eastern District Office of the Saint Paul Police Department. (File 418788) Substitute introduced and adopted Yeas - 7 Nays - 0 41. Resolution Ratifying Assessment - 95 -388 - In the matter of boardings -up of vacant buildings for July 1994 (J9501B) (9628); boardings -up of vacant buildings for August 1994 (J9502B) (9629); and summary abatements from August to December 1994 (J9503A) (9630) (Legislative Hearing Officer recommends approval with the following exceptions:) 508 Belvidere Street East (J9503A) - allow the owner to spread payments out over ten years; 402 Clifton (J9503A) - reduce assessment by one -half, 1014 Euclid (J9503A) - laid over in Legislative Hearings one month; 644 Laurel Avenue (J9503A) - delete assessment; 1060 Iglehart (J9503A) - laid over in Legislative Hearings to April 18; 431 Portland Avenue (J9501B) - laid over in Legislative Hearings one month; 00000 Rice Street (vacant lot) (J9503A) - reduce assessment to $100; 454 Sherburne (J9503A0 - delete assessment; 1612 Stillwater Avenue (J9503A) - reduce assessment by one -half, 1193 Ross Avenue - laid over in Legislative Hearings to April 18. The following amendments were made: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 7 of 8 420 Lexington Parkway North (J9503A) - reduce assessment by one -half for clean -up and delete snow removal assessment (total assessment $125 $92.75) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 418 Charles Avenue, 1521 Chelmsford Street, 519 Edmund Avenue, 503 Lafond Avenue, and 800 South Robert Street Laid over to April 18 Legislative Hearings and April 26 City Council Yeas - 7 Nays -0 1920 East Arlington Avenue reduced to $1,875. Adopted Yeas - 5 Nays - 2 (Blakey, Harris) 42. Resolution Ratifying Assessment - 95 -389 - In the matter of added expense incurred after demolition at 443 Fisk Street (J9412C 9624); boardings -up at 226 Grotto Street North, 344 Duke Street, 2036 3rd Street East, and 443 Fisk Street (J9411BB 9642); demolitions of vacant buildings for August through November 1994 (242 Rose Avenue & 250 Rose Avenue) (J9411CC 9643); and summary abatement (property clean -up) for summer of 1994 (2036 3rd Street East and 994 Iglehart Avenue (J9411TDBC2 9644) (Laid over from March 15) (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 7 Nays - 0 (242/246 Rose Avenue laid over to April 26) 43. Resolution - 95 -390 - Ordering the owner(s) to remove or repair the building at 835 Clear Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 44. Resolution - 95 -391 - Ordering the owner(s) to remove or repair the building at 783 Central Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a six -month extension contingent on posting appropriate bonds and code compliance inspection by the April 12 City Council meeting) Adopted Yeas - 7 Nays - 0 (remove or repair building within 15 days) 45. Appeal of Sandra L Haustein and Irene L. Kaiser to the Vehicle Abatement Order regarding property at 1251 Berkeley Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 46. Appeal of Laurie Utton, Mildred C. Feist, and Bonfe Properties to the Summary Abatement Order regarding property at 762 Lafond Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 47. Summary Abatement Appeal regarding property at 878 Palace Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 48. Appeal of Martin Evenson and Lyle Lichliter to the Summary Abatement Order regarding property at 703 Wells Avenue. (Legislative Hearing Officer recommends granting the appeal) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010 Page 8 of 8 Laid over to April 26 Yeas - 7 Nays - 0 Recalled Item Resolution - 95 -207 - Approving application for an Off Sale Liquor License by Family Liquor, S. Corporation, dba Family Liquor, 531 Rice Street. (ID 491884) (Laid over indefinitely March 29) Laid over to April 26 Suspension Items First Reading - 95 -392 - An ordinance imposing a moratorium within the City of Saint Paul on the location or transfer of off -sale liquor establishments pending the completion of studies of possible amendments to the City's Comprehensive Plan and Regulatory Ordinances. Laid over to April 19 for second reading Resolution - 95 -393 - Requesting the Department of Planning and Economic Development (PED) to conduct a study or studies involving off -sale liquor establishments to determine whether those uses require additional special zoning consideration. Furthermore, that the Office of License, Inspections, and Environmental Protection (LISP) is directed not to accept any applications for the issuance or transfer of off -sale licenses until the study has been completed. Laid over to April 26 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114125\Minutes 4 -... 12/15/2010