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Minutes 6-14-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 14th, 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 - 6 - Blakey, Grimm, Guerin, Harris, Rettman, Thune Absent - 1 - Megard (Excused) 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 William Czech, Mark Dimon, Doris Gadow, Benjamin T. LaCroix, and Eleanor Maynard. Referred to the City Attorney's Office 2. Summons and Complaint in the matter of River Boats, Inc. vs. the City of St. Paul. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 2 of 8 3. Summons and Complaint in the matter of Paul Smith vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Communication from St. Paul Animal Control dated June 6, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 5. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge on June 19, 1995, 9:30 a.m., Room 41, St. Paul City Hall, concerning adverse action against licenses held by George H. L'Heureux, dba George's Selby Auto Repair, 880 Selby Avenue. 6. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge on June 30, 1995, 9:30 a.m., Room 42, St. Paul City Hall, concerning adverse action against licenses held by Janice L. Bias, dba Pyramid's Market, 600 Selby Avenue. 7. Letter from the Office of the City Attorney announcing date of hearing before an administrative Law Judge on June 30, 1995, 10:30 a.m., Room 42, City Hall, concerning adverse action against licenses held by Abed A. Wazwaz, dba Adam's Dairy 42, 601 Dale Street North. 8. Letter from the Department of Planning and Economic Development announcing date of public hearing before the City Council for June 28, 1995, to consider the appeal of District 10 Como Community Council to a decision of the Planning Commission to approve the site plan for a new parking lot in Como Park at Beulah Lane and Midway Parkway. (Public hearing date amended from June 21 to June 28) 9. Letter from the Division of Public Health declaring 1329 Thomas Avenue as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 10. Administrative Orders: . D00550 Authorizing payment, not to exceed $2,000, to Hamline University for graduation ceremonies for new fire recruits. . D00551 Authorizing payment, not to exceed $1,090, for air transportation for a zookeeper delivering an orangutan from New Orleans to Como Zoo. • D00552 Addition of $9,733 to the contract for Como East Lakeshore Reclamation Project. • D00553 Addition of $11,590.77 to the contract for repair of Roy Wilken's Auditorium roof. • D00554 Amending the 1990 Capital Projects fund in the Department of Public Works by transferring spending and financing from CSSP Contingency to the Hazelwood /Magnolia CSSP proj ect. • D00555 Amending the 1994 Capital Projects budget in the Department of Public Works by transferring Public Improvement Aid funds from PIA Longside Subsidy to the Lexington Parkway & Energy Park signal project and reducing estimated assessment funding by $13,353.75. . D00556 Amending the 1995 budget in the Division of Parks and Recreation- Japanese Garden to reflect proper accounting for payments of membership dues. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 3 of 8 . D00557 Amending the 1995 budget in the Department of Planning and Economic Development /HRA Business Loan Fund. Noted as on file in the City Clerk's Office 11. Resolution - 95 -622 - Approving the appointments of Dora Lender, Chang Vang, and Ibrahim Ibrahim, by Mayor Coleman, to the New Americans Advisory Committee. (To be laid over one week for adoption) Laid over to June 21 for adoption 12. Resolution - 95 -623- Approving the reappointments of Peter Kramer, Jeff Prauer, Councilmember Roberta Megard, Maurice Vasquez, Margaret Newman, Richard Anfang, and Frank Marzitelli, by Mayor Coleman, to the Wabasha Street Bridge Task Force. (To be laid over one week for adoption) Laid over to June 21 for adoption 13. Resolution - 95 -624 - Amending the Civil Service Rules regarding compensation for Master of Arts Degree. (To be laid over one week for adoption) Laid over to June 21 for adoption 14. Resolution - 95 -625 - Approving Agreement between Independent School District No. 625 and International Union of Operating Engineers, Local 70, for the period July 1, 1994 to June 30, 1996. (To be laid over one week for adoption) Laid over to June 21 for adoption 15. Resolution - 95 -626 - Authorizing payment of $16,000, from the Tort Liability Fund, to Rayford F. Hickman in full settlement of his claim against the City of St. Paul. Adopted Yeas - 6 Nays - 0 16. Resolution - 95 -627 - Approving the addition of Griggs Booster Club, North End July 4th Booster Club, and Youth Association Hockey, Inc. to the 1995 Charitable Gambling 10% Club. Adopted Yeas - 6 Nays - 0 17. Resolution - 95 -628 - Defending and holding harmless the St. Paul Port Authority for the City's use of Port Authority property for soccer programs. Adopted Yeas - 6 Nays - 0 18. Resolution - 95 -629 - Releasing $200,000 from specified contingency for the development of soccer fields at McMurray Field and Arlington- Arkwright Park. Adopted Yeas - 6 Nays - 0 19. Resolution - 95 -630 - Amending the 1995 budget by adding $104,719 to the financing and spending file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 4 of 8 plans in the Division of Parks and Recreation to establish a new capital project activity for air conditioning work at South St. Anthony and Wilder Recreation Center. Adopted Yeas - 6 Nays - 0 20. Resolution - 95 -631 - Amending the 1994 Capital Improvement Program by transferring spending and financing from the Smith Avenue -Grand to Kellogg project and adding assessment financing to the Hoyt Avenue- Hamline to Victoria project. Adopted Yeas - 6 Nays - 0 21. Resolution - 95 -632 - Transferring 1995 Capital Impovement Bonds from the Handicapped Ramps program and Public Improvement Aid funds from Specified Contingency to the 1995 Sidewalk Reconstruction project. Adopted Yeas - 6 Nays - 0 22. Resolution - 95 -633 - Approving Joint Power Agreement between Mn/DOT and the City of St. Paul covering the procurement, installation, operation and maintenance of various hardware components being installed under a traffic incident management project in St. Paul. Adopted Yeas - 6 Nays - 0 23. Resolution - 95 -634 - Reversing the decision of the Heritage Preservation Commission and pursuing demolition of the property at 669 East 3rd Street. Adopted Yeas - 6 Nays - 0 24. Resolution - 95 -635 - Authorizing a budget amendment which provides for $1,053,000 in financing from the Parking and Transit Fund for the Civic Center Exhibit Hall Ramp. Adopted Yeas - 6 Nays - 0 25. Resolution - 95 -636 - Authorizing proper City officials to execute the Pledge Agreement for the Civic Center Exhibit Hall Parking Ramp Project. Adopted as amended Yeas - 6 Nays - 0 26. Resolution - 95 -637 - Reducing the assessment amount for an incorrectly assessed parcel for the Albert /Eleanor Area Storm Sewer Separation Project. Adopted Yeas - 6 Nays - 0 27. Resolution - 95 -638 - Accepting a Municipal Curfew Enforcement grant from the State of Minnesota Department of Public Safety in the amount of $40,000. Adopted Yeas - 6 Nays - 0 28. Preliminary Order- 95 -639 - In the matter of sidewalk reconstruction on both sides of Arbor Street from Jefferson Avenue to James Avenue; both sides of Armstrong Avenue from Osceola Avenue to file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 5 of 8 West Seventh Street; both sides of Duke Street from Banfil Street to St. Clair Avenue; both sides of Victoria Street from James Avenue to Randolph Avenue; and both sides of View Street from Juno Avenue to Armstrong Avenue, and setting date of public hearing for August 2, 1995. (File 4S95079- S95083) Adopted Yeas - 6 Nays - 0 ORDINANCES 29. Final Adoption - 95 -471 - An ordinance amending interim ordinance C.F. No. 93 -279 pertaining to Zoning, defining adult bookstore and adult material. (Laid over from May 31) Laid over to July 12 for final adoption Yeas - 6 Nays - 0 30. Final Adoption - 95 -517 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code increasing permit fees to reflect changes in Section 307 of the Minnesota Uniform Building Code. Laid over to June 21 for final adoption Yeas - 4 Nays - 2 (Blakey, Harris) 31. Final Adoption - 95 -557 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative Code pertaining to Zoning. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 32. Resolution - 95 -640 - Approving application for a new Gambling Manager's License by Paulette Klinger, dba Catholic Parents Club, at Maurer's Parkside Lounge, 1181 Clarence Avenue. (ID 455061) Adopted Yeas - 6 Nays - 0 33. Resolution - 95 -641 - Approving application for an On Sale Liquor -C, Sunday On Sale Liquor, Gambling Location -C, Entertainment -A and Restaurant -B License by J K Jr., Inc., dba Juniors Bar & Grill (John J. Kelly, Jr.), 719 North Dale Street. (ID 441490) Adopted Yeas - 6 Nays - 0 34. Final Order - 95 -642 - In the matter of sidewalk reconstruction on the south side of Munster Avenue from Davern Street to West Seventh Street. (File 4S95034) Adopted Yeas - 6 Nays - 0 35. Final Order - 95 -643 - In the matter of sidewalk reconstruction at 2223 Fairmount Avenue. (File 4S95035) Adopted Yeas - 6 Nays - 0 36. Final Order - 95 -644 - In the matter of sidewalk reconstruction at 1737 Lincoln Avenue. (File 4S95036) fileJ /C:ADOCUME- 1\LFSUPP- 1\LOCALS -1\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 6 of 8 Adopted Yeas - 6 Nays - 0 37. Final Order - 95 -645 - 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. (File 4595037 - 595039) Laid over to July 12 Yeas - 6 Nays - 0 38. Final Order - 95 -646 - In the matter of sidewalk reconstruction on the north side of Conway Street from North Ruth Street to North McKnight Road, and the south side of Conway Street from North Ruth Street to North Howard Avenue; both side of Fremont Avenue from Arcade Street to Mendota Street; and the north side of Margaret Street from East Seventh Street to approximately 80 ft. east of East Seventh Street. (File 4 595040- 41 -42) Laid over to June 21 Yeas - 6 Nays - 0 39. Final Order - 95 -647 - 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. (File 4595043 - 595047) Adopted Yeas - 6 Nays - 0 40. Final Order - 95 -648 - In the matter of sidewalk reconstruction on both sides of East Lawson Avenue from Edgerton Street to Payne Avenue. (File 4595048) Adopted Yeas - 6 Nays - 0 41. Resolution - 95 -649 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 833 Fremont Avenue, 1781 Hawthorne Avenue East, 1102 Rice Street, 711 Sherburne Avenue. Adopted Yeas - 6 Nays - 0 42. Resolution Ratifying Assessment - 95 -650 - In the matter of boarding -up of vacant building for January 1995 for property located at 52 Geranium Avenue West. (File 4J95052BB) (Laid over from May 24) (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 43. Resolution - 95 -651 - Ordering the owner(s) to remove or repair the building at 1046 Edgerton Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays- 0 44. Resolution - 95 -652 - Ordering the owner(s) to remove or repair the building at 228 -230 George Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 7 of 8 allowing the new owner six months to rehabilitate the building) Adopted as amended per recommendation of the Legislative Hearing Officer Yeas - 6 Nays - 0 45. Resolution - 95 -653 - Ordering the owner(s) to remove or repair the building at 407 Thomas Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing six months to complete the rehabilitation contingent on a code compliance inspection and posting of appropriate bonds by the June 14, 1995, City Council meeting) Adopted Yeas - 6 Nays - 0 (allowing owner 15 days to remove or repair) 46. Appeal of Peter K. McCarty to the summary abatement order regarding property at 1239 East Cook Street. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 6 Nays - 0 47. Appeal of Colleen Ann Sorg to the summary abatement order regarding property at 120 West Delos Street. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 6 Nays - 0 48. Appeal of Frank Webster Weber to the summary abatement order regarding property at 1720 West Minnehaha Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 6 Nays - 0 (owner allowed 30 days to remove vehicle) 49. Appeal of Sandra L. Pappas to the summary abatement order regarding property at 182 Prospect Boulevard. (Legislative Hearing Officer recommends granting the appeal) Appeal adopted Yeas - 6 Nays - 0 50. Public hearing to consider the application of John Rodrigue to rezone property from R -3 (residential) to OS -1 (office - service district) to allow continuation of office space for a mechanical engineering design firm at 484 -486 Larpenteur Avenue. Motion of intent adopted Yeas - 6 Nays - 0 51. Public hearing to consider the application of Bill Roth to rezone property from RM -2 (residential) to P -1 (parking) to allow parking for the business at 958 Prosperity Avenue. Motion of intent adopted Yeas - 6 Nays - 0 52. Public hearing to consider the application of Grant Tracy (Leland Gottstein) to rezone property from RM -2 (residential) to B -2 (community business) to allow parking for the business at 534 Selby Avenue. Motion of intent adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010 Page 8 of 8 Suspension Items Resolution - 95 -655 - Amending the Joint Powers Agreement to include authority for the Joint Powers Board to conduct public hearings. Adopted Yeas - 6 Nays - 0 First Reading - 95 -656 - An ordinance to permit the sale of goods and merchandise on public sidewalks. Laid over to June 21 for second reading Communication from Police Chief William Finney dated June 14, 1995, concerning SafeFutures Grant Application. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114247\Minutes 6 -... 12/15/2010