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Minutes 8-23-1995Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 23, 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 • Commitee Reports • Suspension Items Present - 6 - Councilmembers Blakey, Grimm, Harris, Megard, Rettman, Thune Absent - 1 - Councilmember Guerin (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. Approval of minutes of June 14 and June 21, 1995. Adopted Yeas - 6 Nays - 0 2. Claims of Mark J. Kohout, Debra J. Longen, Gerald Lorentz, Steven R. Rutzick & Associates (for John Guckin and Kathy Cich), and Daniel Wonde. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 2 of 7 3. Summons and Complaint in the matter of Deann Rose vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Order to Show Cause and Temporary Restraining Order, and Notice of Motion and Motion, and Summons and Complaint in the matter of John Edward Lorenz II vs. the City of St. Paul. Referred to the City Attorney's Office 5. Letter from the Office of the City Attorney announcing date of hearing before the City Council on August 30, 1995, to consider the report of the Administrative Law Judge concerning adverse action against licenses held by JB1 Enterprises, Inc., dba Peppe rcorn's, 1178 Arcade Street. 6. Letter from the Department of Planning and Economic Development announcing date of public hearing before the City Council on September 6, 1995, to consider the appeal of University United, Hamline- Midway Coalition, and Snelling- Hamline Council to a de cision of the Planning Commission granting a sign variance to allow a new projecting sign for Big Wheel Rossi at 1469 University Avenue. 7. Letter from the Office of License, Inspections, and Environmental Protection rescheduling date of public hearing before the City Council from August 23, 1995, to September 13, 1995, to consider the application of Donald Willenbring for a combined prel iminary and final plat for an eleven -lot subdivision at 587 McKnight Road South. 8. Letters from the Office of License, Inspections and Environmental Protection announcing date of public hearing before the City Council on August 30, 1995 to consider the application of Minnesota Dance Alliance for a sound level variance for music and dance groups to be held at the College of St. Catherine on September 2 -4, 1995, from 12 noon to 9:30 p.m. 9. Letters from the Division of Public Health declaring 905 Kennard Street and 253 Lafond Avenue as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 10. Communication from St. Paul Animal Control dated August 14, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 11. Administrative Orders: . D00615 Amending the 1995 budget in the Office of Human Resources by transferring dollars from intern salaries to purchase a new fax machine. . D00616 Addition of $97,951 to the contract for Saint Paul Civic Center Expansion, CP -3 Temporary Facilities. . D00617 Addition of $11,303.50 to the contract for Saint Paul Civic Center Expansion, CP -3 Temporary Facilities. . D00618 Addition of $28,810.80 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation & Bridge Construction. Noted as on file in the City Clerk's Office 12. Resolution - 95 -952 - Approving the appointment, by Mayor Coleman, of Kunle Oyeyemi to the fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 3 of 7 Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (Laid over from August 16 for adoption) Adopted Yeas - 6 Nays - 0 13. Resolution - 95 -996 - Approving the appointments of Audrey Roedl and Jamie Warndahl, by Mayor Coleman, to the Advisory Committee on Aging. (To be laid over one week for adoption) Laid over to August 30 for adoption Yeas - 6 Nays - 0 14. Resolution - 95 -997 - Approving the appointments of Lindy Thomas Monson, Charles Maloney, and Nancy Hendrickson, by Mayor Coleman, to the Saint Paul Private Industry Council. (To be laid over one week for adoption) Laid over to August 30 for adoption Yeas - 6 Nays - 0 15. Resolution - 95 -998 - Approving the acceptance of gifts donated by various businesses for drawings in conjunction with the City's Combined Campaign for charitable giving. Adopted Yeas - 6 Nays - 0 16. Resolution - 95 -999 - Releasing $337,000 from specified contingency for construction of the Children's Downtown Outdoor Play Area, and authorizing City lease of the play area site from the Housing and Redevelopment Authority. Adopted Yeas - 6 Nays - 0 17. Resolution - 95 -1000 - Finalizing City Council action taken on August 16, 1995, approving the Registered Land Survey for Seedburo Equipment Company to allow the sale of a vacant portion of property. Adopted Yeas - 6 Nays - 0 18. Resolution - 95 -1001 - Finalizing City Council action taken on August 16, 1995, concerning adverse action against licenses held by George H. L'Heureux, dba George's Selby Auto Repair, 880 Selby Avenue. Adopted Yeas - 6 Nays - 0 19. Resolution - 95 -1002 - Approving Minnesota Department of Transportation Plans for a bicycle trail from Arlington Avenue and 35E to Cayuga Street and 35E. Adopted Yeas - 6 Nays - 0 20. Resolution - 95 -1003 - Accepting a grant in the amount of $122,649 and approving the budget for expansion of Ramsey Action Programs child development facility at 586 Fuller Avenue. Adopted Yeas - 6 Nays - 0 21. Resolution - 95 -1004 - Amending the 1992 -93 Capital Improvement Program by transferring spending and financing from the University /Lexington signal project and adding County Aid and MnDOT funding to the University -Prior to Eustis signal project. Adopted Yeas - 6 Nays - 0 22. Resolution - 95 -1005 - Amending the 1994 Capital Improvement Program by transferring spending and financing from the White Bear Traffic Improvement, Mounds Boulevard, St. Paul Avenue, and Major Sewer Repair projects, and adding Water Utility and Assess meat financing to the Hoyt Avenue Reconstruction project. Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 4 of 7 23. Resolution Approving Assessment - 95 -1006 - In the matter of operation and maintenance services for the skyway bridge and concourse associated with the Saint Paul Athletic Club building at 340 Cedar Street, and setting date of public hearing for Octobe r 11, 1995. (File 418706 -1) Adopted Yeas - 6 Nays - 0 24. Resolution Approving Assessment - 95 -1007 - 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, and setting date of public hearing for September 27, 1995. (File 418779 - S) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 25. Administrative Order: D00606 Amending the 1995 HRA Budget by $48,000 for professional services to implement loan workouts. (Laid over from August 16) Laid over to September 13 Yeas - 6 Nays - 0 26. Resolution - 95 -1008 - Giving final approval to the execution of documents necessary to the acquisition and renovation of the Town Square Hotel facility and approving the issuance of tax - exempt revenue bonds by the Port Authority for such projects. Adopted Yeas - 4 Nays - 2 (Blakey, Harris) ORDINANCES 27. Final Adoption - 95 -872 - An ordinance enacted pursuant to Section 17.17.1 of the Charter of the City of Saint Paul and Section 409.20 of the Saint Paul Legislative Code by creating an additional commercial development district at 249 West 7th Street b etween Walnut and Chestnut Streets. (Substitute introduced August 2) Substitute introduced August 2 adopted Yeas - 6 Nays - 0 28. Second Reading - 95 -971 - An ordinance to permit the sale of pulltabs from a movable cart during the conduct of bingo games. Laid over to August 30 for third reading /public hearing COMMITTEE REPORTS 29. Resolution - 95 -827 - Accepting Council Research Report titled "Community -Based Crime Prevention in Saint Paul" (Referred to City Operations Committee July 26, 1995; City Operations Committee accepted the report ) Adopted Yeas - 6 Nays - 0 30. Resolution - 94 -1830 - Authorizing an agreement between the City and Ramsey County for joint purchase of asphalt, use retained earnings dedicated to new construction of asphalt plant to the general fund, and arrange for public sale of asset. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over July 5; Referred to City Operations Committee July 19, 1995; City Operations Committee recommends withdrawal) Withdrawn file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 5 of 7 PUBLIC HEARINGS 1. Third Reading - 95 -934 - An ordinance authorizing the dispensation of intoxicating liquor pursuant to Laws 1993, Chapter 350, at the Como Park Clubhouse and Lakeside Pavilion. (Substitute introduced August 16) Laid over to August 30 for final adoption 32. Third Reading - 95 -935 - An ordinance amending Chapters 89, 92 and 94 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board of Water Commissioners of the City of Saint Pau 1. Laid over to August 30 for final adoption 33. Third Reading - 95 -936 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to Fences; allowing for variances in height requirements under certain circumstances. Laid over to August 30 for final adoption 34. Third Reading - 95 -937 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code pertaining to certificates of trade competency; to allow for an increase in examination fees. Substitute introduced and laid over to August 30 for final adoption Yeas - 6 Nays - 0 35. Resolution - 95 -1009 - Approving application for a Sunday On Sale Liquor, Gambling Location (C), Entertainment (B), Restaurant (B), and Liquor On Sale C) License by the Penguin Corporation, dba Over The Rainbow (Linda Schmit), 249 7th Street West. (ID 4 30347) Adopted Yeas - 6 Nays - 0 36. Resolution - 95 -1010 - Approving application for a Second Hand Dealer Motor Vehicle License by K & L Sales Inc. (James R. Koller), 1523 Como Avenue. (ID 419419) Adopted Yeas - 6 Nays - 0 37. Final Order - 95 -1011 - In the matter of sidewalk reconstruction on the north side of Topping Street from Mackubin Street to North Western Avenue (595074); both sides of Margaret Street from Atlantic Street to Johnson Parkway (595087); and the east sid e of Winchell Street from East Nevada Avenue to East Hoyt Avenue (595102). (Laid over from August 2) Adopted Yeas - 6 Nays - 0 38. Final Order - 95 -988 - In the matter of sidewalk reconstruction on both sides of Reaney Avenue from Nortonia Avenue to North Ruth Street. (File 4595106) (Laid over from August 16) Adopted Yeas - 6 Nays - 0 39. Final Order- 95 -1012 - In the matter of removing the existing Wabasha Street Bridge and Navy Island Bridge. (File 418794) Adopted Yeas - 6 Nays - 0 40. Final Order - 95 -1013 - In the matter of condemning and acquiring all property rights necessary to construct a new Wabasha Street Bridge, a new Navy Island Bridge, and all improvements needed to complete the bridges. (File 418794E) Adopted Yeas - 6 Nays - 0 41. Resolution - 95 -1014 - Approving the decision of the Legislative Hearing Officer on Property Code fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 6 of 7 Enforcement Appeals for property located at 853 Juno Avenue, 710 Lincoln Avenue, 1434 Grand Avenue, and 62 South Dale Street. Adopted as amended Yeas - 6 Nays - 0 (710 Lincoln Av. laid over to September 5 Property Code Enforcement Hearing and September 13 City Council meeting) 42. Resolution - 95 -1015 - Ordering the owner(s) to remove or repair the building at 43 Front Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a six month extension to rehabilitate the building contingen t on posting the appropriate bonds by the August 23 City Council meeting) Adopted Yeas - 6 Nays - 0 (Remove or repair building within 15 days) 43. Resolution - 95 -1016 - Ordering the owner(s) to remove or repair the building at 1242 Juliet Avenue within fifteen (15) five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 6 Nays - 0 44. Resolution - 95 -1017 - Ordering the owner(s) to remove or repair the buildings at 674 Mendota Street and 879 -881 Margaret Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing six months to compl ete rehabilitation contingent on a code compliance inspection and posting of appropriate bonds by the August 23 City Council meeting) Adopted Yeas - 5 Nays - 0 (Harris not present for vote) (Remove or repair building within 15 days) 45. Resolution - 95 -1018 - Ordering the owner(s) to remove or repair the building at 203 Robie Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 (Harris not present for vote) 46. Resolution - 95 -1019 - Ordering the owner(s) to remove or repair the building at 449 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing a six -month extension to complete rehabilitati on contingent on posting of appropriate bonds by the August 23 City Council meeting) Adopted Yeas - 6 Nays - 0 (Remove or repair building within 15 days) 47. Resolution - 95 -1020 - Ordering the owner(s) to remove or repair the building at 238 Victoria Street North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 48. Resolution Ratifying Assessment - 95 -1021 - In the matter of repair of sanitary sewer connections by Public Works for 1993 and 1994 for property at 2156 Roblyn Avenue. (File 4SSA95021) (Laid over from May 24) (Legislative Hearing Officer recommends ap proval) Adopted Yeas - 6 Nays - 0 49. Resolution Ratifying Assessment - 95 -1022 - In the matter of property clean -up for winter and spring, 1995 for property at 1672 Manton Street. (File 4J9507A4) (Laid over from July 26) (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010 Page 7 of 7 50. Resolution Ratifying Assessment - 95 -947 - In the matter of boarding -up of vacant buildings for February, 1995 for property located at 611 Rice Street. (File 4J9506BB) (Laid over from August 9) (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 51. Appeal of Terrance L. Luther to a Summary Abatement Order regarding property at 1777 Marshall Avenue. (Laid over from August 9) (Legislative Hearing Officer recommends denying the appeal) Laid over to September 6 Yeas - 6 Nays - 0 52. Appeal of William E. Manley to a Vehicle Abatement Order regarding property at 1792 Portland Avenue. (Legislative Hearing Officer recommends granting the appeal with the understanding that the owner takes care of the surface issue for parking the vehi cle.) Appeal granted (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 53. Resolution - 95 -1023 - Approving adverse action against licenses held by Metro Bar & Grill, Inc., dba Arnellia's, 1183 University Avenue West. (Uncontested) (Sale of alcoholic beverages to a minor) Adopted as amended Yeas - 6 Nays - 0 54. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Abed A. Wazwaz, dba Adam's Dairy 42, 601 North Dale Street. (Sale of cigarettes to a minor) Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge ($200 fine for first offense and $400 fine for second offense imposed) Yeas - 6 Nays - 0 55. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Janice L. Bias, dba Pyramid's Market, 600 Selby Avenue. (Sale of cigarettes to a minor) Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge ($400 fine imposed) Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114506\Minutes 8 -... 12/15/2010