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Minutes 10-2-1996Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 2, 1996 - 3:30 PM PUBLIC HEARINGS AT 4:30 P.M. 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 Present - 5 - Councilmembers Blakey, Guerin, Harris, Megard, Thune Absent - 2 - Bostom, Rettman (excused) The following communication was read into the record by Nancy Anderson, Assistant Secretary to the City Council: Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 9, 1996, concerning licenses held by Arthur Heutmaker, dba Conoco & Automotive, 1208 Arcade Street. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 9, 1996, concerning licenses held by J. & L. Liquors, Inc., dba Trend Bar, 1537 University Avenue West. 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 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10- 2- 199... 12/15/2010 Page 2 of 7 CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of August 21, 1996 City Council Meeting and September 25, 1996 Closed Door Session. Adopted Yeas - 5 Nays - 0 2. Claims of Judy Brown, Lionel Chinelly, Kevin Duffy, Cindy Sundberg, Leonard Thiel, Jeffrey Ulrich, and U.S. West Communications. Referred to Risk/Employee Benefit Management Division 3. Summons and Complaint in the matter of Jeff Peterson vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on October 31, 1996, 9:30 a.m., Room 1504 Saint Paul City Hall Annex, concerning licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue. 5. Letter from the Office of the City Attorney announcing a hearing before the City Council on October 9, 1996, to consider adverse action against licenses held by Family Liquor S Corporation, dba Capitol Wine & Spirit, 531 Rice Street. (Uncontested) 6. Letter from the Office of the City Attorney announcing a hearing before the City Council on October 9, 1996, to consider adverse action against licenses held by JMS Investments, Inc., dba Lex Liquor Barrel, 451 Lexington Parkway North. (Uncontested) 7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on November 1, 1996, 9:30 a.m., Room 41 Saint Paul City Hall, concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur Avenue West. 8. Letter from Saint Paul Public Health declaring 659 Carroll Avenue and 146 -148 Congress Street West as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Letters from Saint Paul Public Health declaring 874 Beech Street, 993 Margaret Street, 1036 Maryland Avenue East, and 207 -211 Winona Street East as "nuisance properties ", and setting date of Legislative Hearings for October 15, 1996, and City Council Hearings for October 23, 1996. 10. Communication from Saint Paul Animal Control dated September 23, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 11. Administrative Orders: . D001021 Amending the 1996 budget in the Department of Public Works by transferring 1995 Public Improvement Aid funding from PIA Longside Subsidy project. D001022 Amending the 1990 Capital Projects budget in the Department of Public Works by transferring PIA funding from PIA Contingency and County Aid Participa- tion to TH61 /Carver Signal project. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10 -2- 199... 12/15/2010 Page 3 of 7 . D001023 Addition of $4,401.00 to the contract for Downtown Children's Play Area. . D001024 Authorizing the Office of Human Resources to reimburse various vendors for costs, not to exceed $4,000, incurred in conducting the 9th Annual Conference for Clerical Support staff on September 25 and 26, 1996. . D001025 Amending the 1996 budget in the Police Department by transferring monies in the general budget due to department reorganization. . D001026 Authorizing the Citizen Service Office to reimburse vendors in the amount of $2,100.00 for musical entertainment at the Selby Selebration on September 14, 1996. . D001027 Amending the 1996 budget in the Office of Human Resources by transferring planned salary savings to the 800's for hardware and software purchases and to the 200's for staff training and development. . D001028 Addition of $21,545.67 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D001029 Addition of $32,839.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D001030 Addition of Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp Alternate A. . D001031 Addition of $1,835.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp, Alternate A. Noted as on file in the City Clerk's Office 12. Resolution - 96 -1169 - Approving the appointments of Esperanza Duarte, Peggy Birk, and Dick Nowlin, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from September 25 for adoption) Laid over to October 9 Yeas - 5 Nays - 0 13. Resolution - 96 -1170 - Approving the appointment of Andrea Northwood and Beverly J. Peterson and the reappointment of Hollice Allen, by Mayor Coleman, to serve on the Saint Paul Human Rights Commission. (Laid over from September 25 for adoption) Laid over to October 9 Yeas - 5 Nays - 0 14. Resolution - 96 -1226 - Approving the reappointment of Joyce Maddox, by Mayor Coleman, to continue serving as the Saint Paul Planning Commission's representative to the Board of Zoning Appeals. (To be laid over one week for adoption) Laid over to October 9 for adoption 15. Resolution - 96 -1227 - Approving the appointment of Stella Maris Sola and the reappointments of Linda Dieleman and Lorraine Hosley, by Mayor Coleman, to serve on the Food and Nutrition Commission. (To be laid over one week for adoption) Laid over to October 9 for adoption file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10- 2- 199... 12/15/2010 Page 4 of 7 16. Resolution - 96 -1228 - Approving the appointments of Kristin Livdahl and John Shaffer and the reappointments of Michael Braboy, Molly Grove and Albert Harris, by Mayor Coleman, to serve on the Saint Paul Overnight Shelter Board. (To be laid over one week for adoption) Laid over to October 9 for adoption 17. Resolution - 96 -1229 - Approving the appointments of Charles McIntosh and Jeffrey Redmon and the reappointments of Kristine Jacobs, Lorrie Louder, Donovan Schwichtenberg, Monty Martin, Louis Henry, Gregory Matthews and Malcolm McDonald, by Mayor Coleman, to serve on the Saint Paul Workforce Development Council. (To be laid over one week for adoption) Laid over to October 9 for adoption 18. Resolution - 96 -1230 - Approving the appointment of Mary Hicks and the reappointments of William (Billy) Collins, Diana Rodriquez, Miriam Rykken, Jim Kelley, John Kennefick, Michael Lohman, Mike Sperr, Brennan Brooks and Jennifer Bozicevich, by Mayor Coleman, to serve on the Youth Fund Board. (To be laid over one week for adoption) Laid over to October 9 for adoption 19. Resolution - 96 -1231 - Approving payment of $10,000 to Steven J. Shimek in full settlement of his claim against the City of Saint Paul. Adopted Yeas - 5 Nays - 0 20. Resolution - 96 -1232 - Accepting the Council Research report, "Emergency Communications in Saint Paul and Ramsey County: Consolidation Issues and Options." Adopted Yeas - 5 Nays - 0 21. Resolution - 96 -1233 - Accepting the CH /CH Renovation Project Final Report dated July 23, 1996. Adopted Yeas - 5 Nays - 0 22. Resolution - 96 -1234 - Accepting an allocation of $3,954 from the State of Minnesota Department of Natural Resources to fund a MinnAqua Intern in the Division of Parks and Recreation. Adopted Yeas - 5 Nays - 0 23. Resolution - 96 -1235 - Authorizing the Saint Paul Police Department to apply and enter into a contract with the Office of Drug Policy in the Minnesota Department of Public Safety to receive grant money for the East Metro Coordinated Narcotics Task Force. Adopted Yeas - 5 Nays - 0 24. Resolution - 96 -1236 - Authorizing the Saint Paul Police Department to submit a grant application to the Minnesota State Department of Economic Security for a collaborative effort with the Saint Paul Youth Service Bureau for funding the Mobile Crisis Team. Adopted Yeas - 5 Nays - 0 25. Resolution - 96 -1237 - Amending the 1996 Capital Improvement Budget for Hazel Park Recreation Center project. Adopted Yeas - 5 Nays - 0 26. Resolution - 96 -1238 - Amending the 1996 budget in the Office of Human Resources for unanticipated costs associated with their office relocation. Adopted Yeas - 5 Nays - 0 27. Resolution - 96 -1239 - Requesting an extension of time to complete work being done on a building file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10 -2- 199... 12/15/2010 Page 5 of 7 at 81 East King Street. Adopted Yeas - 5 Nays - 0 28. Resolution - 96 -1240 - Finalizing City Council action taken on July 24, 1996, granting the appeal of Jenks Avenue and Westminster -York Block Clubs to a decision of the Planning Commission approving a change of non - conforming use permit to Hamed E. Kalifa to allow a convenience store at 967 Arkwright Street /397 Case Avenue. Adopted Yeas - 5 Nays - 0 29. Resolution - 96 -1241 - Finalizing City Council action taken on August 28, 1996, approving the preliminary plat to allow concept design approval to subdivide the property into nine lots for a single family home development at 225 Prescott Street, Mt. Hope Addition, (old Riverview Hospital site) by Neighborhood Development Alliance. Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 96 -1242 - In the matter of approving the assessments for the operation and maintenance costs of Seventh Place Mall for 1995, and setting date of public hearing for October 9, 1996. (File 418428 -95) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 96 -1243 - In the matter of approving the estimated costs for the operation and maintenance of Seventh Place Mall for 1996, and setting date of public hearing for October 9, 1996. (File 418428 -96) Adopted Yeas - 5 Nays - 0 32. Preliminary Order - 96 -1244 - In the matter of approving construction of street paving and lantern style lighting project in the Arlington/Ruth Area, and setting date of public hearing for December 4, 1996. (File 418833) Adopted Yeas - 5 Nays - 0 33. Preliminary Order - 96 -1245 - In the matter of approving construction of sanitary sewer, storm sewer and water connections at the property owners' request in conjunction with the Arlington /Ruth Area Street Paving and Lighting Project, and setting date of public hearing for December 4, 1996. (File 418833 -Conn) Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 34. Resolution - 96 -1165 - Establishing a moratorium on certain locations of cellular telephone antennas. (Laid over from September 18) Adopted Yeas - 5 Nays - 0 35. Administrative Order No. D001013 - Authorizing payment, not to exceed $15,000.00, for the fireworks finale following the Minnesota Orchestra concert on September 7, 1996, on Harriet Island. (Laid over from September 25) Noted as on file in the City Clerk's Office 36. Resolution - 96 -1185 - Authorizing the City of Saint Paul to accept $55,972 in federal funds for further Saint Paul Workforce Center implementation activities. (Laid over from September 25) Adopted Yeas - 5 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10 -2- 199... 12/15/2010 Page 6 of 7 37. Resolution - 96 -1192 - Approving Briggs and Morgan as the City's principal bond counsel law firm; authorization to enter into an agreement with Briggs and Morgan for bond counsel and related public finance services; authorization to enter into an agreement with Leonard Street & Deinard for legal services in the event of the unavailability of Briggs and Morgan. (Laid over from September 25) Substitute introduced, amended and adopted Yeas - 5 Nays - 0 ORDINANCES 38. Final Adoption - 96 -1095 - An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code setting uniform license fee schedules. Adopted Yeas - 4 Nays -1 (Megard) 39. First Reading - 96 -1246 - Finalizing City Council action approving the petition of Jeanne Holmes to rezone property at 98 North Snelling Avenue from RM -2 to B -2C (public hearing held September 11, 1996) Laid over to October 9 for second reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 40. Third Reading - 96 -1168 - An ordinance restricting the height of cellular telephone antennas in certain zones within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and Zoning Regulations. Substitute introduced and laid over to October 9 for final adoption 41. Resolution - 96 -1198 - Approving application for Wine On Sale, On Sale Malt (3.2), Catering -C, and Restaurant -a License by Liquor City, Inc., dba Abetto's Pizzeria & Deli, 560 Como Avenue West. (ID 487018) (Laid over from September 25) Substitute introduced and adopted Yeas - 4 Nays - 0 (Blakey not present for vote) 42. Resolution - 96 -1247 - Approving application for a Grocery -C, Laundry /DC Pick Up Station, Cigarette, and Off Sale Malt License by Scott Dixon, dba Kellogg Square Market, 111 Kellogg Boulevard. (ID 417805) Adopted Yeas - 4 Nays - 0 (Blakey not present for vote) 43. Resolution - 96 -1248 - Approving application for a Cabaret -A License by Cosmic Charlie's, dba Cosmic Charlie's (Charles Ward, Owner), 189 Snelling Avenue North. (ID 466939) Laid over to October 16 Yeas - 4 Nays - 0 (Blakey not present for vote) 44. Resolution - 96 -1249 - Approving vacation of the east -west alley in Block 8, Como Heights Addition to the City of Saint Paul. Adopted Yeas - 5 Nays - 0 45. Final Order - 96 -1250 - In the matter of operation and maintenance costs for the Arcade /Case Parking Lot and the Immaculate Heart of Mary Parking Lot from January 1, 1997 to December 31, 1997. (File 418744, 18746) Adopted Yeas - 5 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10 -2- 199... 12/15/2010 Page 7 of 7 46. Resolution Ratifying Assessment - 96 -1251 - In the matter of improving Osceola Avenue from Grotto Street to Pleasant Avenue. (File 418712 -OS)' Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 47. Resolution Ratifying Assessment - 96 -1252 - In the matter of the assessment of benefits, cost and expenses for the Hatch /Park Area Street Paving and Lighting Project. (File 418799) Adopted Yeas - 5 Nays - 0 48. Resolution 96 -1039 - Ordering the owner to remove or repair the building at 710 Dayton Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 25) Laid over to October 23 Yeas - 5 Nays - 0 49. Resolution Ratifying Assessment - 96 -1253 - In the matter of demolition of vacant buildings for July 1996, and boardings -up of vacant buildings for June 1996. (File 4J9610C, J9610B) (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 50. Resolution Ratifying Assessment - 96 -1254 - In the matter of repair of sanitary sewer connections by Public Works for 1995. (File 4SSA9609) (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 5 Nays - 0 218 Goodrich Avenue laid over to November 6 51. Public hearing to consider the application of Shirley M. Flatau to rezone property from RM -2 (residential) to B -2C (community business converted) to allow a commercial use at 885 Grand Avenue. Motion of intent - Application denied Yeas - 5 Nays - 0 Suspension Items Resolution - 96 -1255 - Entering into an agreement to place a kiosk in the Mall of America to promote the Smithsonian Exhibit at the Civic Center. Adopted Yeas - 5 Nays - 0 Resolution - 96 -1256 - Approving application for a Cigarette, Grocery -C, and Off Sale Malt License by Bee and May Vang, dba Super Minni Market, 1187 Minnehaha Avenue East. (ID 470164) Adopted Yeas - 5 Nays - 0 Resolution - 96 -1257 - Authorizing the City Attorney to file a friend of the court brief in US West Communications, Inc. v. City of Redwood Falls. Adopted Yeas - 5 Nays - 0 MISCELLANEOUS 52. Recognition of retiring City employee. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112316 \Minutes 10- 2- 199... 12/15/2010