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Minutes 4-5-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, APRIL 5, 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 • Commitee Reports • Suspension Items Present - 7 - Councilmembers Blakey, Grimm, Guerin, 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 1, 1995, City Council meeting, March 2, 1995, Joint Planning Commission /City Council meeting, and March 8, 1995, Closed Door Session. Adopted Yeas - 7 Nays - 0 2. Claims of Jose L. Aguilar, Ann M. Chenoweth, Mary Ellen Halverson, Dorothy Jean Milton, Michael file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114151\Minutes 4 -... 12/15/2010 Page 2 of 8 Saeger (on behalf of Annunziata Hall), and Jason Torkelson. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Metric Giles vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Esther Mersky vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Summons and Complaint in the matter of Scott Sorenson vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 6. Jurisdiction Motion in the matter of Michael J. Dreyling vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 7. Amended Notice of Hearing from the Office of the City Attorney concerning adverse action against licenses held by Arbuckle's Bar & Grill, Inc., 374 St. Peter Street. Referred to the City Attorney's Office 8. Letter from the Division of Public Health declaring 555 Front Avenue as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 9. Letter from the Department of Planning and Economic Development announcing date of public hearing for April 19, 1995, to consider the application of HealthEast to rezone property from RM -2 (residential) to B -2 (community business) to allow construction of a medical clinic at 1412 Maryland Avenue East. 10. Letter from the Office of License, Inspections and Environmental Protection announcing date of public hearing for April 19, 1995, to consider the application of Hoyt Development Company to modify a condition that was required as part of a previous zoning variance, restricting where windows overlooking adjacent residential property can be built, at 2145 Ford Parkway. 11. Letter from the Office of License, Inspections and Environmental Protection announcing date of public hearing for April 19, 1995, to consider the appeal of the Housing and Redevelopment Authority of Saint Paul to a decision of the Heritage Preservation Commission to deny approval of a demolition permit for the structure located at 669 East Third Street in the Dayton's Bluff Heritage Preservation District. 12. Administrative Orders: . D00495 Executing the Chicago Northwestern Railroad grade crossing surface agreement at the flood control project west of the Robert Street Bridge. fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_11415IWinutes 4 -... 12/15/2010 Page 3 of 8 . D00496 Amending the 1994 budget of Library Services /Fund 349 to cover negative balances in several major object codes. . D00497 Amending the 1994 budget of Library Services /Aids and Grants Fund to cover negative balances in several major object codes. . D00498 Amending the 1994 budget of the General Government Accounts by transferring spending authority to properly reflect expenditures. . D00499 Amending the 1994 budget in the Division of Public Health by transferring spending authority between various Special Fund activities. . D00500 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to reflect proper accounting for year -end expenditures. . D00501 Authorizing a Volunteer Recognition program sponsored by the St. Paul Library with monies provided by Friends of the Library and other outside donations. . D00502 Amending the 1994 budget in the Department of Planning and Economic Development /General Fund. . D00503 Amending the 1994 budget in the Department of Fire and Safety Services /General Fund for final year -end adjustment. . D00504 Amending the 1995 budget in the Department of Fire and Safety Services /General Fund to purchase additional hard drive capacity for the Computer Aided Dispatch System. . D00505 Amending the 1995 budget in the Police Department /General Fund to provide sufficient funding at the major object level. . D00506 Amending the 1994 budget in the Police Department /Special Fund to provide sufficient funding at the major object level. . D00507 Amending the 1995 budget in the Police Department to reallocate spending authority in the Narcotics Control Surveillance Grant of the Police Special Projects Fund. . D00508 Reimbursement of relocation expenses, not to exceed $7,500, for John Hamilton, Human Resources Director. Noted as on file in the City Clerk's Office 13. Resolution - 95 -315 - Approving appointments, by Mayor Coleman, to the Business Review Council. (Laid over from March 29 for adoption) Adopted Yeas - 7 Nays - 0 14. 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. (To be laid over one week for adoption) Laid over to April 12 for adoption Yeas - 7 Nays - 0 file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_11415IWinutes 4 -... 12/15/2010 Page 4 of 8 15. 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. (To be laid over one week for adoption) Laid over to April 12 for adoption Yeas - 7 Nays - 0 16. Resolution - 95 -332 - Amending the Civil Service Rules concerning unsatisfactory performance evaluations. (To be laid over one week for adoption) Laid over to April 12 for adoption Yeas - 7 Nays - 0 17. Resolution - 95 -333 - Adopting the 1996 -2000 Capital Allocation Policy. (To be laid over one week for adoption) Laid over to April 12 for adoption Yeas - 7 Nays - 0 18. Resolution - 95 -334 - Approving payment of $12,500, from the Tort Liability Fund, to Barbara Moudry in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 19. Resolution - 95 -335 - Approving payment of $5,250, from the Tort Liability Fund, to O'Neil Amusements in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 95 -336 - Requesting that the Planning Commission study possible amendments to the Comprehensive Plan concerning zoning regulations of Drop -In Centers. Adopted Yeas - 7 Nays - 0 21. Resolution - 95 -337 - Establishing a Saint Paul Mounted Police Patrol. Adopted Yeas - 7 Nays - 0 22. Resolution - 95 -338 - Authorizing the City of Saint Paul to submit to the U.S. Department of Housing and Urban Development (HUD) the Consolidated Plan and Submission for receipt of Community Development Block Grant Program (CDBG) funds. Adopted Yeas - 7 Nays - 0 23. Resolution - 95 -339 - Requesting the Council Research Director to work with the Mayor or his designee to reach an agreement regarding the merger of Council Video and Cable Office Video, and report back to the City Council by April 21, 1995. Adopted Yeas - 7 Nays - 0 24. Resolution - 95 -340 - Directing City staff to take steps before the Minnesota Legislature, the Governor, and the United States Congress to protect funding for Saint Paul youth job training and crime prevention programs. (For referral to the Intergovernmental Relations Committee) Referred to the fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_11415IWinutes 4 -... 12/15/2010 Page 5 of 8 Intergovernmental Relations Committee 25. Preliminary Order - 95 -341 - In the matter of sidewalk reconstruction on the east side of Jackson Street from East Geranium Avenue to East Rose Avenue, the south side of East Maryland Avenue from Jackson Street to approximately 66 feet west of Jackson Street, and the west side of Jackson Street from East Maryland Avenue to approximately 30 feet south of East Maryland Avenue, and setting date of public hearing for May 24, 1995. (File 4595031 & 95032) Adopted Yeas - 7 Nays - 0 26. Preliminary Order - 95 -342 - In the matter of sidewalk reconstruction on the east side of North Victoria Street from Summit Avenue to Portland Avenue, and the south side of Portland Avenue from North Victoria Street to approximately 100 feet east of North Victoria Street, and setting date of public hearing for May 24,1995. (File 4595033) Adopted Yeas - 7 Nays - 0 27. Preliminary Order - 95 -343 - In the matter of improving the east- west alley in Block 4, Lake Park Addition (bounded by Almond, Arona, Canfield and Pascal) by grading and paving with bituminous material, and setting date of public hearing for May 24, 1995. (File 418789) Adopted Yeas - 7 Nays - 0 28. Preliminary Order - 95 -344 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts and fills in the grading and paving of the alley in Block 4, Lake Park Addition (bounded by Almond, Arona, Canfield and Pascal), and setting date of public hearing for May 24, 1995. (File 418789 -5) Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 95 -345 - In the matter of grading, paving and constructing a sanitary sewer and connections on Howard Street from the end of the existing paved roadway located approximately 400 feet southwest of Oakridge Street to approximately 457 feet southwest of Oakridge Street, and setting date of public hearing for May 24, 1995. (File 418790) Adopted Yeas - 7 Nays - 0 30. Preliminary Order - 95 -346 - In the matter of constructing long water service connections from the existing water main in Howard Street in conjunction with improving Howard Street, and setting date of public hearing for May 24, 1995. (File 418790 -W) Adopted Yeas - 7 Nays - 0 31. Resolution Approving Assessment - 95 -347 - In the matter of sidewalk construction (new) on the southwest side of Madison Street from West Seventh Street to Rockwood Avenue, and setting date of public hearing for June 7, 1995. (File 459402) Substitute Introduced and Adopted Yeas - 7 Nays - 0 32. Resolution Approving Assessment - 95 -348 - In the matter of Summary Abatements (property clean- fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114151\Minutes 4 -... 12/15/2010 Page 6 of 8 up) from mid- September to mid - November 1994 (J9505TDBC 9633); boardings -up of vacant buildings for September 1994 (J950413 9634); boardings- up of vacant buildings for October 1994 (J950513 9635); added expense to previous demolition at 934 Selby Avenue (J95041C 9636); demolition of vacant buildings for February 1995 (J9505C 9637); boardings -up of vacant buildings for November 1994 (J9505 113 9638); boardings -up of vacant buildings for December 1994 (J9504113 9639); boardings -up of vacant buildings for January 1995 (J9505213 9640); and summary abatements (property clean -up, snow removal, and /or sanding walks) for January and February 1995, and setting date of Legislative hearing on May 16, 1995, and City Council hearing on May 24, 1995. Adopted Yeas - 7 Nays - 0 COMMITTEE REPORTS 33. Resolution - 95 -273 - Accepting process for Community Development Agenda as proposed by Mayor Coleman. Supporting the statement of direction and priorities for the development of a housing information and communication plan. (Community and Economic Development Committee recommends approval as amended) Substitute Introduced and Adopted Yeas - 7 Nays - 0 34. Resolution - 95 -274 - Supporting the statement of direction and priorities for the development of a housing information and communication plan. Accepting process for Community Development Agenda as proposed by Mayor Coleman. (Community and Economic Development Committee recommends approval as amended) Substitute Introduced and Adopted Yeas - 5 Nays - 2 (Guerin, Rettman) ORDINANCES 35. 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 March 8) Laid over to April 12 Yeas - 7 Nays - 0 36. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 37. Final Adoption - 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). Adopted Yeas - 7 Nays - 0 38. Third Reading - 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) Laid over to April 12 for final adoption file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_11415IWinutes 4 -... 12/15/2010 Page 7 of 8 39. First 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 12 for second reading Suspension Item First Reading - 95 -360 - An ordinance suspending five -car parking exemption in the East Grand Avenue area. Laid over to April 12 for second reading 40. First 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 12 for second reading 41. First 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 12 for second reading 42. First 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 12 for second reading PUBLIC HEARINGS 43. Resolution - 95 -353 - Approving application for a Laundry /DC Pick Up Station, Off Sale Malt, Grocery -C and Cigarette License by Yia Vang, dba Super Mini Market, 1187 East Minnehaha Avenue. (ID 496646) Adopted Yeas - 7 Nays - 0 44. Resolution - 95 -354 - Approving application for a Dance Hall License by Hmong National Development Inc., 600 Cedar Street. (ID 465095) Adopted Yeas - 7 Nays - 0 45. Final Order - 95 -355 - In the matter of improving West Seventh Street between St. Peter Street and 200' East of Wabasha Street. (File 418782) Adopted Yeas - 7 Nays - 0 46. Final Order - 95 -356 - In the matter of improving Annapolis Street between Robert Street and Kansas Street. (File 418783) Adopted Yeas - 7 Nays - 0 47. Final Order - 95 -357 - 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 between Robert Street and Kansas Street. (File 418784) \ file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114151\Minutes 4 -... 12/15/2010 Page 8 of 8 Adopted Yeas - 7 Nays - 0 48. Final Order - 95 -358 - In the matter of sidewalk reconstruction on the north side of East Annapolis Street from South Robert Street to Brown Avenue. (File 4595001) Adopted Yeas - 7 Nays - 0 49. Resolution Ratifying Assessment - 95 -359 - In the matter of installation of a fire protection system for 1515 Brewster Street. Adopted Yeas - 7 Nays - 0 Suspension Items Resolution - 95 -361 - Supporting Special Legislation on Capital Improvement Bonding Program. Adopted Yeas - 7 Nays - 0 Resolution - 95 -362 - Rescinding Council Resolution 95 -211 calling for the demolition of 898 Selby Avenue for a period of 180 days to allow for exploration of the feasibility of rehabilitation of the property in the event of a zoning change. Adopted Yeas - 6 Nays -1 (Rettman) Resolution - 95 -363 - Amending the 1995 Capital Improvement Budget by transferring the 1995 Municipal State Aid funding for Earl Street Bridge and Shepard Road projects to the Mounds Boulevard, St. Paul Avenue, Wabasha Street Bridge, and MSA Contingency projects and reducing 1995 MSA Contingency by $85,686. Adopted Yeas - 7 Nays - 0 Resolution - 95 -364 - Approving the use of assessment financing in accordance with the City of St. Paul's Administrative Code Section 76.031 for the sewer connection charges (advance payment) for property at 1170 South Point Douglas Road. Adopted Yeas - 7 Nays - 0 Resolution - 95 -365 - Approving application for a Gambling Manager's License by Laura DeMike, dba Harding Area Hockey Association, at Smokey's Bar, 499 Payne Avenue. (ID 486743) Adopted Yeas - 7 Nays - 0 Resolution - 95 -366 - Approving application for a State Class B Gambling Premise Permit by William J. Rhody, on behalf of Harding Area Hockey Association, at Smokey's Bar, 499 Payne Avenue. (ID 401518) Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114151\Minutes 4 -... 12/15/2010