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Minutes 6-21-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 21st, 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 • Suspension Items Present - 7 - 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 April 19 and April 26, 1995. Adopted Yeas - 7 Nays - 0 2. Claims of David Beaudet, Joseph Fehrman, Julius Jones III, Alan Luymes, Gerald Magee (for Joshua Strain), Larry Orenstein, Jarrod Pinotti, Marty Scherbel, and Sonia Torres. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 2 of 8 3. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge on Wednesday, July 5, 1995, 9:30 a.m., Room 40 -A, St. Paul City Hall, concerning adverse action against licenses held by JB1 Enterprises Inc., dba Peppercorn's, 1178 Arcade Street. 4. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge on Wednesday, July 12, 1995, 9:30 a.m., Room 42, St. Paul City Hall, concerning adverse action against licenses held by OPBM Inc., dba Amelia's Nite Club & Eatery, 175 5th Street East, 4140. 5. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge, on Friday, July 7, 1995, 9:30 a.m., Room 41, St. Paul City Hall, concerning adverse action against licenses held by C.L. Hinze Inc., dba Chuck's Bar, 901 Payne Avenue, 6. Letter from the Department of Planning and Economic Development announcing date of public hearing before the City Council on July 12, 1995, to consider the appeal of Blong Kong & Chi Kong (K's Auto Sales) to a decision of the Planning Commission approving a special condition use permit to allow outdoor sales of used automobiles (appealing one of the conditions) at 1445 Arcade Street. 7. Letter from the Real Estate Division announcing date of public hearing before the City Council on July 5, 1995, to consider the petition of Kenneth Tschida and Mike Nicklaus for the vacation of Willius Street between East Seventh Street and vacated East Eighth Street. (File 423 -1995 1994) 8. Letter from the Division of Public Health declaring 203 Robie Street West as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 9. Communication from St. Paul Animal Control dated June 12, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 10. Administrative Order: D00558 Amending the 1995 budget in the Department of Public Works /Solid Waste and Recycling fund. Noted as on file in the City Clerk's Office 11. Executive Order: E -51 Implementing "Procedures For Responding To Complaints of Behavior in Violation of the Workplace Conduct Policy ". (Corresponds with C.F. 95 -654; Item 416) Noted as on file in the City Clerk's Office 12. Resolution - 95 -622 - Approving the appointments of Dora Lender, Chang Vang, and Ibrahim Ibrahim, by Mayor Coleman, to the New Americans Advisory Committee. (Laid over from June 14 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 95 -623- Approving the reappointments of Peter Kramer, Jeff Prauer, Councilmember Roberta Megard, Maurice Vasquez, Margaret Newman, Richard Anfang, and Frank Marzitelli, by file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 3 of 8 Mayor Coleman, to the Wabasha Street Bridge Task Force. (Laid over from June 14 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 95 -624 - Amending the Civil Service Rules regarding compensation for Master of Arts Degree. (Laid over from June 14 for adoption) Adopted Yeas - 7 Nays - 0 15. 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. (Laid over from June 14 for adoption) Laid over to June 28 Yeas - 7 Nays - 0 16. Resolution - 95 -654 - Adopting the Workplace Conduct Policy. (Corresponds with Executive Order No. E -51; Item 411) Adopted Yeas - 7 Nays - 0 17. Resolution - 95 -657 - Adopting budget amendment to consolidate and reduce the spending budget of Council Video Productions and the Office of Cable Communications. Amended and laid over to June 28 Yeas - 7 Nays - 0 18. Resolution - 95 -658 - Amending Civil Service Rule 22 entitled "Layoff' by changing the class seniority date from appointment date to employment date for employees hired on or after July 1, 1995. (To be laid over one week for adoption) Laid over to July 28 for adoption 19. Resolution - 95 -659 - Adopting "A Plan for Libraries" as a chapter of The Saint Paul Comprehensive Plan. Adopted Yeas - 7 Nays - 0 20. Resolution - 95 -660 - Determining if a structured investment program for the City of St. Paul is financially prudent. Referred to the Finance and Budget Committee Yeas - 7 Nays - 0 21. Resolution - 95 -661 - Finalizing City Council action taken on June 7, 1995, approving the plat for Campbell's Clarence Court Addition for a seven lot single family subdivision. Adopted Yeas - 7 Nays - 0 22. Resolution - 95 -662 - Establishing a budget for monies received from the State of Minnesota, Department of Education, for children's library services collaboration. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 4 of 8 23. Resolution - 95 -663 - Accepting $4,632 from the Department of Natural Resources to fund a Minnaqua Intern. Adopted Yeas - 7 Nays - 0 24. Resolution - 95 -664 - Accepting a grant in the amount of $450,000 from the State of Minnesota and the Metropolitan Council for Harriet Island Park improvements Adopted Yeas - 7 Nays - 0 25. Resolution - 95 -665 - Agreeing that the City Council of the City of St. Paul will indemnify and hold harmless the Minnesota State Fair, its officers and employees from all suits, claims and actions brought about for use of parking lots in connection with the Hmong Sports Event on July 8- 9,1995. Adopted Yeas - 7 Nays - 0 26. Resolution - 95 -666 - Rescinding the assessment amount for a water service connection that was not constructed in conjunction with the Palace /Toronto Area Project at 690 -692 Juno Avenue. Adopted Yeas - 7 Nays - 0 27. Resolution Approving Assessment - 95 -667 - In the matter of improving Randolph Avenue from Interstate 35E to West Seventh Street, and setting date of public hearing for June 28, July 19, 1995. (File 418737) Adopted as amended Yeas - 7 Nays - 0 28. Preliminary Order - 95 -668 - In the matter of condemnation and taking of a perpetual roadway easement and a slope easement for cuts and fills near the intersection of Raymond and Cleveland Avenues, and setting date of public hearing for August 16, 1995. (File 418791) Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 95 -669 - In the matter of sidewalk reconstruction at 2237 Commonwealth Avenue with integral curb, and setting date of public hearing for August 16, 1995. (File 4595104) Adopted Yeas - 7 Nays - 0 30. Preliminary Order - 95 -670 - In the matter of blocking up of building opening (trap door) and casting a new sidewalk at 480 North Robert Street, and setting date of public hearing for August 16, 1995. (ID 4595105) Adopted Yeas - 7 Nays - 0 31. Preliminary Order - 95 -671 - In the matter of sidewalk reconstruction on both sides of Reaney Avenue from Nortonia Avenue to North Ruth Street, and setting date of public hearing for August 16, 1995. (File 4595106) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 5 of 8 32. Preliminary Order - 95 -672 - In the matter of sidewalk reconstruction at 1084 Kilburn Street, and sidewalk construction (new) on the east side of North Miltron Street from West Hoyt Avenue to approximately 115 feet south of West Hoyt Avenue and the south side of West Hoyt Avenue from North Milton Street to approximately 156 feet east of North Milton Street at 1558 North Milton Street, and setting date of public hearing for August 16, 1995. (File 4S95107/108) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 33. Resolution - 95 -604 - Approving and authorizing execution of a Memorandum of Understanding with the Science Museum of Minnesota. (Laid over from June 7) Laid over to June 28 Yeas - 7 Nays - 0 ORDINANCES 34. 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 from June 14) Adopted Yeas - 5 Nays - 2 (Blakey, Harris) 35. Second Reading - 95 -656 - An ordinance to permit the sale of goods and merchandise on public sidewalks. Laid over to June 28 for continuation of second reading Yeas - 7 Nays -0 36. First Reading - 95 -673 - An ordinance amending Chapter 405 of the Saint Paul Legislative Code pertaining to Dance Halls; allowing that rental halls be required to purchase a license under certain circumstances and making other modifications. Laid over to June 28 for second reading 37. First Reading - 95 -674 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit gambling devices on licensed premises under certain circumstances. Laid over to June 28 for second reading PUBLIC HEARINGS 38. Resolution - 95 -675 - Establishing an education center and teacher training institute, accepting State funds, and authorizing disbursement of said funds to Minnesota Humanities Commission, Payne- Phalen District 5. Adopted Yeas - 7 Nays - 0 39. Resolution - 95 -676 - Approving the decision of the Legislative Hearing Officer on Property Code file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 6 of 8 Enforcement Appeals for property at 476, 498, and 500 Etna Street, and 1510 Rose Avenue East. (Laid over from May 24) Adopted as amended Yeas - 6 Nays -1 (Rettman) (Councilmember Grimm was not present for the votes on Items 40 -58) 40. Resolution - 95 -677 - Approving application for an Auto Repair Garage License by Oxcar Company, dba All Tune & Lube 41069 (Scott Ochsner), 1469 University Avenue. (ID 418545) Adopted Yeas - 6 Nays - 0 41. Resolution - 95 -678 - Approving application for a Parking Lot License by Parking Services Inc., dba Cleveland Circle Lot (Douglas Hoskin), 0 Main Street. (ID 483600) Adopted Yeas - 6 Nays - 0 42. Resolution - 95 -679 - Approving application for a Parking Lot /Ramp License by Parking Services Inc., dba Ace Lot (Douglas Hoskin), 319 Eagle Street. (ID 452178) Adopted Yeas - 6 Nays - 0 43. Resolution - 95 -680 - Approving application for a Parking Lot /Ramp License by Parking Services Inc., dba Pea Lot (Douglas Hoskin), 60 West 4th Street. (ID 456795) Adopted Yeas - 6 Nays - 0 44. Resolution - 95 -681 - Approving application for a Parking Lot /Ramp License by Parking Services Inc., dba Kitty Lot (Douglas Hoskin), 261 East 7th Street. (ID 483609) Adopted Yeas - 6 Nays - 0 45. Resolution - 95 -682 - Approving application for a Parking Lot /Ramp License by Parking Services Inc., dba Crane Lot (Douglas Hoskin), 282 East 6th Street. (ID 482132) Adopted Yeas - 6 Nays - 0 46. Resolution - 95 -683 - Approving application for On Sale Wine and On Sale Malt (Strong) License by Sakura, Inc., dba Sakura (Miyoko Omori), 34 West 6th Street. (ID 438652) Adopted Yeas - 6 Nays - 0 47. Resolution - 95 -684 - Approving application for an On Sale Wine, On Sale Malt- Strong, and Restaurant -B License by MSM Corporation, dba Nia's (Nghia Pham), 821 Raymond Avenue. (ID 455598) Adopted Yeas - 6 Nays - 0 48. Resolution - 95 -685 - Approving application for On Sale Wine, On Sale Malt (Strong) and Restaurant -B License by Camdi Company, dba Willow Gate Restaurant (Kiet T. Phan), 767 South file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 7 of 8 Cleveland Avenue. (ID 416475) Adopted Yeas - 6 Nays - 0 49. Resolution - 95 -686 - Approving application by Paulette Klinger, dba Catholic Parents Club, for transfer of a Gambling Manager's License at Kelly Inn, 161 St. Anthony Avenue (ID 473269) and at Christensen's, 1567 University Avenue (ID 433437), currently held by Thomas Maurer at the same location. Adopted Yeas - 6 Nays - 0 50. Resolution - 95 -687 - Approving adverse action against licenses held by Clark Oil & Refining Corporation, dba Clark Station, 400 Dale Street North. (ID 41585 1) (Uncontested) Adopted Yeas - 6 Nays - 0 51. Resolution - 95 -688 - Approving adverse action against licenses held by Salwa Wazwaz, dba the Super Dollar Store, 2471 7th Street West. (ID 432179) (Uncontested) Adopted Yeas - 6 Nays - 0 52. Resolution - 95 -689 - Approving adverse action against licenses held by Tom Thumb Food Markets, Inc., dba Tom Thumb Market 4118, 626 Larpenteur Avenue West. (ID 417500) (Uncontested) Adopted Yeas - 6 Nays - 0 53. Resolution - 95 -565 - Approving the vacation of Kellogg Boulevard, West Fifth Street, and the alleys in Block 63 Irvine's Enlargement of Rice and Irvine's Addition to the Town of Saint Paul bounded by 35E right -of -way line and Smith Avenue. (Laid over from May 24) Laid over to July 5 Yeas - 6 Nays - 0 54. Resolution Ratifying Assessment - 95 -690 - In the matter of sidewalk reconstruction on both sides of Scheffer Avenue from South Milton Street to West Seventh Street. (File #59331) Adopted Yeas - 6 Nays - 0 55. Resolution Ratifying Assessment - 95 -691 - In the matter of sidewalk reconstruction on both sides of Shields Avenue from North Roy Street to Fry Street; on the south side of Sherburne Avenue from North Snelling Avenue to Fry Street; and on the east side of Simpson Street from Charles Avenue to Edmund Avenue. (File 459350, 59403, 59404) Adopted Yeas - 6 Nays - 0 56. Resolution Ratifying Assessment - 95 -692 - In the matter of sidewalk reconstruction on the north side of Old Hudson Road from Birmingham Street to Hazelwood Street; on both sides of Morningside Drive from Upper Afton Road to Edgebrook Avenue; and sidewalk construction (new) and /or reconstruction on the east side of North Winthrop Street from Upper Afton Road to Edgebrook Avenue and the south side of Upper Afton Road from South Ruth Street to South Winthrop Street. (File 459365, 59372, 59373) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010 Page 8 of 8 Adopted Yeas - 6 Nays - 0 57. Resolution Ratifying Assessment - 95 -693 - In the matter of sidewalk reconstruction on both sides of Norton Street from West Lawson Avenue to West Cook Avenue. (File 459378) Adopted Yeas - 6 Nays - 0 58. 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 from June 14) Adopted Yeas - 6 Nays - 0 59. Final Order - 95 -694 - In the matter of condemnation and taking of permanent and temporary easements for the construction and future maintenance of a storm sewer system in connection with the Fourth Street Area Sewer Separation Project located near vacated Prince Street and vacated John Street. (File 418741E) Adopted Yeas - 7 Nays - 0 60. Final Order - 95 -695 - In the matter of condemnation and taking of slope easements near Prosperity, Rose and Maryland Avenues to be known as the Prosperity Avenue Realignment Slope Easements. (File #18779 -5) Adopted Yeas - 7 Nays - 0 Suspension Item Resolution - 95 -696 - Recognizing and honoring the "Star of the North" community band as they embark on a 15 -day concert tour of New Zealand and Australia and recognizing and thanking the efforts of those at home and abroad. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114301\Minutes 6 -... 12/15/2010