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Minutes 7-26-1995Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 26, 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 - 5 - Councilmembers Blakey, Grimm, Harris, Rettman Absent - 2 - Megard, Thune (both 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 Emil B. Anderson, Andrew Gioino, Bruce LaBarre, Roman Mathiswiz, and Janice Undis. Referred to the City Attorney's Office 2. Summons and Complaint in the matter of Glenn Lowrey vs. the City of St. Paul, et al. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 2 of 9 3. Summons and Complaint in the matter of Gayle E. Peterson f /k/a Gayle E. Stangeland vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Letter from Welsh Companies dated July 11, 1995 concerning Condemnation and Order of Damages and Assessments related to Easement for Public Right of Way near Prosperity Avenue and Rose Avenue. 5. Letter from the Division of Public Health declaring 1061 Desoto Street, 780 Edmund Avenue, 473 Sherburne Avenue, and 894 Westminster Street as "nuisance properties ". (For notification purposes only; public hearing will be scheduled at a later date if necessary 6. Letter from the Real Estate Division announcing date of public hearing before the City Council on August 9,1995, to consider the petition to vacate a two foot wide portion of Vandalia Street abutting the west property line of 764 Vandalia Street. 7. Letter from the Office of the City Attorney announcing date of hearing before the City Council on August 2, 1995, to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Sonny's Bar, Inc., dba Louie's Bar, 883 Payne Avenue. 8. Letter from the Office of the City Attorney announcing rescheduled date of hearing before an Administrative Law Judge from July 31 to September 7, 1995, Room 1503 City Hall Annex, to consider adverse action against licenses held by Jestpama, Inc. dba East Side Liquor Store, 1362 Maryland Avenue East. 9. Letter from the Ramsey County Department of Taxation transmitting Applications AY93 -0698, AY94 -2757 and AC94- 2015, Saint Paul Athletic Club, for reduction in assessed valuation. (Real Estate Division recommends approval) Laid over to August 2 Yeas - 5 Nays - 0 10. Letter from the Ramsey County Department of Taxation transmitting Application AC95 -4418, Como at Western, for reduction in assessed valuation. (Real Estate Division recommends approval) Adopted Yeas - 5 Nays - 0 11. Letter from the Ramsey County Department of Taxation transmitting Application AT95 -4314, Soo Line Railroad at Selby Avenue and Pascal Street, for reduction in assessed valuation. (Real Estate Division recommends approval) Adopted Yeas - 5 Nays - 0 12. Communication from St. Paul Animal Control dated July 17, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 13. Administrative Orders: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 3 of 9 . D00577 Amending the 1995 budget in the Department of Planning and Economic Development to correct a previous budget revision. • D00578 Amending the 1995 budget in the Department of Planning and Economic Development to reflect actual grant award amounts that will replace estimated amounts. • D00579 Addition of $585 to the contract for 1994 Alley Grading and Paving. • D00580 Amending the 1995 budget in the Department of Public Works by transferring spending from salaries and fringe benefits to computer hardware in the project Planning and Programming activity. • D00581 Amending the 1995 budget in the Division of Public Health for the purchase of office supplies and a new computer. • D00582 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper accounting for expanding Municipal Stadium office space using the Division's labor force as opposed to contracting for the work. • D00583 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper accounting for maintaining normal operations throughout the year. . D00584 Extending the contract completion date from November 15, 1994, to August 15, 1995, for the Albert - Eleanor Storm Sewer and Paving project. Noted as on file in the City Clerk's Office 14. Resolution - 95 -815 - Approving the appointments of Marilyn Porter, John Margot, and Judith Benton, by Mayor Coleman, to the Capital Improvement Budget Committee. (To be laid over one week for adoption) Laid over to August 2 for adoption 15. Resolution - 95 -816 - Approving the reappointment of Robert Lowe, by Mayor Coleman, to District Energy St. Paul, Inc. (To be laid over one week for adoption) Laid over to August 2 for adoption 16. Resolution - 95 -817 - Approving the appointment of Raymond Cantu, by Mayor Coleman, to the Saint Paul Human Rights Commission. (To be laid over one week for adoption) Laid over to August 2 for adoption 17. Resolution - 95 -818 - Approving the appointment of Michael Arcand, by Mayor Coleman, to the Saint Paul Water Board. (To be laid over one week for adoption) Laid over to August 2 for adoption 18. Resolution - 95 -819 - Directing the director of COPP to terminate the current contract with the Dayton's Bluff Center for Community Life and enter into a new contract with the Dayton's Bluff Senior fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 4 of 9 Center to provide services to seniors in the Dayton's Bluff neighborhood. Adopted as amended Yeas - 5 Nays - 0 19. Resolution - 95 -820 - Assessing $25,000 to Downtown Building Owners and Managers Association (BOMA) for operation of Cafesjian's Carousel at Town Square Park. Adopted Yeas - 5 Nays - 0 20. Resolution - 95 -821 - Amending the 1995 Budget by increasing the spending authority in Activity 43183 by $30,000 to fund programming in Town Square Park. Adopted Yeas - 5 Nays - 0 21. Resolution - 95 -822 - Amending the 1995 Budget by increasing the financing and spending plans by $5,279 for the Fire Responsive Services Fund (510). Adopted Yeas - 5 Nays - 0 22. Resolution - 95 -823 - Authorizing the Division of Parks and Recreation to donate surplus bicycles from the Como Lakeside Pavilion rental concession to Friends of the Parks and Trails. Adopted Yeas - 5 Nays - 0 23. Resolution - 95 -824 - Approving payment of $75,000, from the Tort Liability Fund, to Merilyn Ludwig in full settlement of her claim against the City of St. Paul. Adopted Yeas - 4 Nays - 1 (Blakey) 24. Resolution - 95 -825 - Accepting State discretionary funding in the amount of $480,000 to provide employment and training services to 150 workers recently dislocated by company downsizing at the Unisys plant in Roseville. Adopted Yeas - 5 Nays - 0 25. Resolution - 95 -826 - Accepting $1,000 from the Saint Paul- Nagasaki Sister City Committee to help with travel expenses of Council President Thune for official visit to Nagasaki, Japan. Adopted Yeas - 5 Nays - 0 26. Resolution - 95 -827 - Accepting Council Research Report, "Committee -Based Crime Prevention in Saint Paul ". (For referral to the City Operations Committee) Referred to City Operations Committee Yeas - 5 Nays - 0 27. Resolution - 95 -828 - Approving the consolidation of the Ramsey County Central Duplicating fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 5 of 9 Facility with the City of Saint Paul Department of Planning and Economic Development Print Shop. Adopted Yeas - 5 Nays - 0 28. Resolution - 95 -829 - Amending the 1995 Budget by increasing the financing and spending plan by $172,575 due to the consolidation of the Ramsey County and City of Saint Paul printing operations. Adopted Yeas - 5 Nays - 0 29. Preliminary Order - 95 -830 - In the matter of improving the following brick streets: Kenwood Parkway around the circle and from the circle to St. Albans Street; Maiden Lane from Selby Avenue to Nina Street; and Virginia Street from Summit Avenue to Selby Avenue, and setting date of public hearing for September 13, 1995. (File 418795) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 95 -831 - In the matter of construction and /or repair of sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction with improving the brick streets on Kenwood Parkway, Maiden Lane and Virginia Street, and setting date of public hearing for September 13, 1995. (File 418795 Conn) Adopted Yeas - 5 Nays - 0 31. Resolution Approving Assessment - 95 -832 - In the matter of the Davern /Edgcumbe Area Storm Sewer Separation Project, and setting date of public hearing for September 20, 1995. (File 418748) Adopted Yeas - 5 Nays - 0 32. Resolution Approving Assessment - 95 -833 - In the matter of the Davern /Edgcumbe Area Street Paving and Lighting Project, and setting date of public hearing for September 20, 1995) (File 418749) Adopted Yeas - 5 Nays - 0 33. Resolution Approving Assessment - 95 -834 - In the matter of the Davern Outlet & Maynard /Stewart Storm Sewer Separation Project, and setting date of public hearing for September 20, 1995. (File 418688) Adopted Yeas - 5 Nays - 0 34. Resolution Approving Assessment - 95 -835 - In the matter of the Maynard /Stewart Street Paving and Lighting Project, and setting date of public hearing for September 20, 1995. (File 418689) Adopted Yeas - 5 Nays - 0 35. Resolution Approving Assessment - 95 -836 - In the matter of constructing sanitary sewer and service connections in Palace Avenue from Daly Street to approximately 130 feet west of Daly Street, and setting date of public hearing for September 20, 1995. (File 418703) Adopted Yeas - 5 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 6 of 9 FOR DISCUSSION 36. Letter from Ramsey County Department of Taxation transmitting Application #AM 94 -3013 - Buckbee Mears for reduction in assessed property valuation. (Real Estate Division recommends approval) (Laid over from July 19) Adopted Yeas - 4 Nays - 1 (Harris) 37. Resolution - 95 -775 - Directing the Department of Public Works to install speed humps on Davern Street between Edgcumbe Road and St. Paul Avenue. (Laid over from July 19) Failed Yeas - 1 Nays - 4 (Blakey, Grimm, Guerin, Rettman) 38. Resolution - 94 -1827 - Directing the Division of Parks and Recreation to examine the necessity for full -time permanent employees in activities that are seasonal in nature. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 19) Laid over to August 2 Yeas - 5 Nays - 0 39. Resolution - 94 -1828 - Authorizing the issuance of an RFP to contract for City payroll services. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 19) Adopted as amended Yeas - 5 Nays - 0 40. Resolution - 94 -1829 - Directing the Police and Fire Departments to present a plan to consolidate telecommunications to the City Council by June 30, 1995. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 19) Referred to City Operations Committee Yeas - 5 Nays - 0 41. Resolution - 94 -1832 - Directing the Administration to set standards for supervisors and the ratio of people managed by one supervisory, by March 31, 1995. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 19) Laid over to August 2 Yeas - 5 Nays - 0 ORDINANCES 42. Final Adoption - 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 from July 5) Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 43. Second Reading - 95 -28 - An ordinance to limit the number of on -sale intoxicating liquor licenses, to reduce the concentration of liquor licenses, and to limit new licenses outside the downtown business file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 7 of 9 district to hotels and restaurants. (Referred to City Operations Committee January 11, 1995; Committee submits a substitute with no recommendation) Substitute introduced and laid over to August 2 for third reading /public hearing 44. Second Reading - 95 -794 - An ordinance amending various sections of the Saint Paul Legislative Code pertaining to Zoning. Laid over to August 2 for third reading /public hearing 45. Second Reading - 95 -795 - An ordinance pertaining to restaurants in commercial development districts to allow the sale and service of alcoholic beverages in sidewalk cafes. Laid over to August 2 for third reading /public hearing PUBLIC HEARINGS 46. Third Reading - 95 -727 - An ordinance repealing Council File 95 -350, adopted May 3, 1995, an interim ordinance with respect to drop -in centers. (Laid over from July 19 for continuation of public hearing) Laid over to August 2 for final adoption 47. Third Reading - 95 -764 - Amending the Interim 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 Ordinance. Laid over to August 2 for final adoption 48. Resolution - 95 -837 - Approving application for a Class B Gambling Location License by E.S.W. Inc., dba Easy Street West, 616 Como Avenue. (ID 417609) Adopted Yeas - 5 Nays - 0 49. Resolution - 95 -838 - Approving application for an Off Sale Malt, On Sale Malt, Cigarette and Restaurant -B License by Edward McKnight, dba Forest Inn, 850 Forest Street. (ID 414892) Adopted Yeas - 5 Nays - 0 50. Resolution - 95 -839 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 418 Mississippi River Boulevard South, 685 Linwood Avenue, 274 Airport Road, 312 Summit Avenue, 1167 -1203 California Avenue Drive, and 605 East Cook. Adopted Yeas - 5 Nays - 0 51. Resolution - 95 -840 - Order the owner(s) to remove or repair the building at 967 Burr Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 8 of 9 52. Resolution - 95 -841 - Order the owner(s) to remove or repair the building at 2027 Grand Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 53. Resolution - 95 -842 - Order the owner(s) to remove or repair the building at 513 Jackson Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends amending the resolution to 90 days) Adopted as amended per recommendation of the Legislative Hearing Officer Yeas - 5 Nays - 0 54. Resolution - 95 -843 - Order the owner(s) to remove or repair the building at 796 Rice Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 55. Resolution - 95 -844 - Order the owner(s) to remove or repair the building at 971 St. Anthony Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends amending the resolution to 30 days. If at that time, the new owner has posted bond, recommendation is to allow six months for rehabilitation) Adopted as amended per recommendation of the Legislative Hearing Officer Yeas - 5 Nays - 0 56. Appeal of Mary E. McDonough to the summary abatement order regarding property at 1798 Sherwood Avenue. (Legislative Hearing Officer recommends deleting the assessment) Appeal granted per recommendation of the Legislative Hearing Officer Yeas - 5 Nays - 0 57. Resolution Ratifying Assessment - 95 -845 - In the matter of sidewalk reconstruction on both sides of York Avenue from Edgerton Street to Payne Avenue. (File 4S9406) Adopted Yeas - 5 Nays - 0 58. Resolution Ratifying Assessment - 95 -846 - In the matter of sidewalk reconstruction on the east side of Nortonia Avenue from Pedersen Street to Escanaba Avenue; construction (new) and /or reconstruction on both sides of Powers Avenue from South Winthrop Street to Michael Street; sidewalk reconstruction on the south side of East Third Street from Flandrau Street to North White Bear Avenue; and the east side of Waukon Avenue from East Seventh Street to Stillwater Avenue. (File 4S9409 -9412) Adopted Yeas - 5 Nays - 0 59. Resolution Ratifying Assessment - 95 -847 - In the matter of boardings -up of vacant buildings for February 1995 (J9506B); summary abatement for property at 898 Selby Avenue (J9506A); boardings -up file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010 Page 9 of 9 of vacant buildings for March 1995 (J9507B); demolition of vacant buildings for March and April 1995 (J9506C); summary abatements (property clean -up, snow removal and /or sanding walks) for winter and spring of 1994 and 1995 (J9507A). (Legislative Hearing Officer recommends approval with the following exceptions: 946 Edgerton Street file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114356\Minutes 7 -... 12/15/2010