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Minutes 10-23-1996Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 23, 1996 - 3:30 PNI 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 - 6 - Blakey, Bostrom, Guerin, Harris, Rettman, Thune Absent - 1 - Megard (arrived later in the meeting) 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 September 18, 1996. Adopted Yeas - 6 Nays - 0 2. Claims of Sandra Lyn Anderson, Janet Boyd, Rich Brown, Carol Christensen, Ilene Cohen, Michael Cohen, Eugene Daly, Pha Her, Richard Humbert, Lisa Johnson, Janet Lenz, David Murillo, Michael Sir, Lorraine Verness and Diane Young. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 2 of 9 Referred to Risk/Employee Benefit Management Division 3. Summons and Complaint in the matter of Shawn Richard Hedtke vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Commissioners' Award of Damages in the matter of the Port Authority of the City of Saint Paul vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Letter from Ramsey County Property Records and Revenue recommending a reduction in taxes for property at 941 Birmingham Street (Abatement Application Ai96 -8338) 6. Letter from Ramsey County Property Records and Revenue recommending a reduction in taxes for property at 420 Magnolia Avenue East (Abatement Application Ai96 -8339) 7. Letter from Ramsey County Property Records and Revenue recommending a reduction in taxes for property at 1509 Charles Avenue, 1529 Charles Avenue, 565 Simpson Street, and 564 Asbury Street (Abatement Application Ai96 -8340) 8. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on November 6, 1996 to consider the application of Michael Osterman to rezone property from RT -1 (residential) to P -1 (parking) to allow parking for an auto body repair shop at 1595 Dayton Avenue (north side between Snelling and Fry). 9. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on November 6, 1996 to consider the appeal of James LeClair to a decision of the Board of Zoning Appeals denying a size and height variance to allow construction of a 34 by 36 foot detached garage with a height of 16 feet at 1256 Eleanor Avenue. 10. Letters from Saint Paul Public Health declaring 934 Euclid Street, 1328 Maryland Avenue East, 1010 Seventh Street West, and 651 Watson Avenue as "nuisance properties ", and setting date of Legislative Hearings for November 5, 1996 and City Council Hearings for November 13, 1996. 11. Letters from Saint Paul Public Health declaring 997 Farrington Street, 581 Forest Street, and 1747 Marshall Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 12. Communication from Saint Paul Animal Control dated October 14, 1996 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 13. Administrative Orders: . D001042 Amending the 1996 budget in the Division of Libraries, Aids and Grants fund for PC replacement. . D001043 Amending the 1996 budget in the Housing Information Office by transferring $1,000 from computer hardware to the general fund PC replacement. . D001044 Amending the 1996 budget in the Department of Public Works, Street Repair and Cleaning Fund, for PC replacement. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 3 of 9 . D001045 Amending the 1996 budget in the Department of Public Works, Traffic Fund, for PC replacement. . D001046 Amending thel995 budget in the Department of Finance and Management Services by transferring funds to the general fund for PC replacement. . D001047 Amending the 1996 budget in the Department of Planning and Economic Development by transferring funds to the general fund for PC replacement. . D001048 Amending the 1996 budget in Public Health for lease of computers. . D001049 Amending the 1996 budget in the Department of Public Works, Engineering Fund, for PC replacement. . D001050 Amending the 1995 and 1996 budget of the Sales Tax Revitalization Program (STAR) fund by making a bookkeeping adjustment on two STAR Program loans. . D001051 Amending the 1996 budget in the Real Estate Division by transferring money to allow for purchase of an HP laser printer, to cover software support for Arc /Info License and to cover shortage in other professional services. . D001052 Authorizing payment of $3,100 to the Summit Hill Association /District 16 Planning Council for tree and shrub planting in connection with the Linwood Park Landscape Plan. . D001053 Addition of $1,970.50 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp Alternate A. . D001054 Amending the 1996 budget in the Department of Executive Administration by transferring funds from one general government activity to another to cover the costs of tort claims for the remainder of 1996. . D001055 Addition of $8,259.18 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation and Bridge Construction. . D001056 Addition of $7,461 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D001057 Addition of $8,927 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D001058 Authorizing payment in the amount of $20,000 to the Boys and Girls Club of Saint Paul, 1620 Ames Avenue, for the City's share of demolition of the Sackett Recreation Center. Noted as on file in the City Clerk's Office 14. Resolution - 96 -1310 - Approving the July 1, 1996 - June 30, 1997 Agreement between the City of Saint Paul and the International Association of Machinists and Aerospace Workers AFL -CIO, District Lodge 77. (Laid over from October 16 for adoption) Adopted Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 4 of 9 15. Resolution - 96 -1311 - Approving the May 1, 1996 through April 30, 1997 Maintenance Labor Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers, Local 110. (Laid over from October 16 for adoption) Adopted Yeas - 6 Nays - 0 16. Resolution - 96 -1312 - Approving the January 1, 1996 through December 31, 1997 Collective Bargaining Agreement between Independent School District No. 625 and Professional Employees Association, Inc. (Laid over from October 16 for adoption) Adopted Yeas - 6 Nays - 0 17. Resolution - 96 -1313 - Approving the 1996 Wage Reopener between the City of Saint Paul and the International Union of Elevator Constructors, Local 9. (Laid over from October 16 for adoption) Adopted Yeas - 6 Nays - 0 18. Resolution - 96 -1324 - Approving payment of $2,798.81 to Diane Smith in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 19. Resolution - 96 -1325 - Approving payment of $67,500 to Linda J. Rivard in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 20. Resolution - 96 -1326 - Amending the 1994, 1995 and 1996 Capital Improvement Budget for the Groveland Recreation Center Addition. Substitute introduced and adopted Yeas - 6 Nays - 0 21. Resolution - 96 -1327 - Approving a financing and spending plan for the translation and printing of a Spanish Resident's Guide. Laid over to November 6 Yeas - 6 Nays - 0 22. Resolution - 96 -1328 - Requesting an extension of time to complete repair work being done on a building at 920 Earl Street. Adopted Yeas - 6 Nays - 0 23. Resolution - 96 -1329 - Concurring with the Board of Water Commissioners Resolution No. 4462 to deed surplus land to the Saint Paul Port Authority. Adopted Yeas - 6 Nays - 0 24. Resolution - 96 -1330 - Finalizing City Council action taken October 9, 1996 concerning no penalty be imposed against licenses held by J & L Liquors, Inc., dba the Trend Bar, 1537 University Avenue. Adopted Yeas - 6 Nays - 0 25. Resolution - 96 -1331 - Suspending licenses held by Phoenix Flight, Inc., dba Club Metro, 733 Pierce Butler Route, for delinquent taxes owed to the State of Minnesota. Adopted Yeas - 6 Nays - 0 26. Resolution - 96 -1332 - Restricting the City from financially supporting sporting facilities or franchises if the subsidy is more than one million dollars. Laid over to November 6 Yeas - 6 Nays - 0 27. Resolution - 96 -1333 - Authorizing the Saint Paul Police Department to submit a grant application file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 5 of 9 for the second round of COPS MORE in the amount of $967,815. Adopted Yeas - 6 Nays - 0 28. Resolution - 96 -1334 - Authorizing the Saint Paul Police Department to submit a grant application for a cable television production unit in the amount of $97,360. Adopted Yeas - 6 Nays - 0 29. Resolution - 96 -1335 - Authorizing the Saint Paul Police Department to submit a grant application to the Bureau of Justice Administration in the amount of $79,912 for a Senior Chore Program which would engage at -risk youth and strengthen the community. Adopted Yeas - 6 Nays - 0 30. Resolution - 96 -1336 - Authorizing the Department of Fire and Safety Services to enter into a hazardous materials emergency response contract with the State of Minnesota, Department of Public Safety. Adopted Yeas - 6 Nays - 0 31. Resolution - 96 -1337 - Authorizing execution of a CDBG Float Loan for the Williams Hill project in an amount not to exceed $5.5 million. (Companion to 96 -1341) Adopted Yeas - 6 Nays - 0 32. Resolution - 96 -1338 - Releasing easements in the southwesterly 10 feet of vacated Moses Street from the southerly line of West Water Street to the center line of vacated Fairfield Avenue West. Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 33. 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 October 9 for adoption) Adopted Yeas - 6 Nays -1 (Megard) 34. 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. (Laid over from October 9 for adoption) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 35. Resolution - 96 -1227 - Approving the appointment of Stella Maris Sola and the reappointments of Linda Dieleman and Lorraine Hosley, by Mayor Coleman, to the Food and Nutrition Commission. (Laid over from October 9 for adoption) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 36. 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 the Saint Paul Overnight Shelter Board. (Laid over from October 9 for adoption) Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote) 37. 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 the Saint Paul Workforce file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 6 of 9 Development Council. (Laid over from October 9 for adoption) Adopted as amended Yeas - 6 Nays - 0 (Guerin not present for vote) 38. 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 the Youth Fund Board. (Laid over from October 9 for adoption) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 39. Resolution - 96 -1339 - Scheduling a public hearing for Local Law Enforcement Block Grant Program. Laid over to November 6 Yeas - 6 Nays - 0 40. Resolution - 96 -1340 - Authorizing staff to secure various permissions for work in Phalen Boulevard EIS study area. Adopted Yeas - 7 Nays - 0 ORDINANCES 41. Final Adoption - 96 -1246 - An ordinance 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) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 42. First Reading - 96 -1341 - An ordinance granting the Port Authority the ability to issue bonds for the Williams Hill project. (Companion to 96 -1337) Laid over to October 30 for second reading 43. First Reading - 96 -1342 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to zoning. Laid over to October 30 for second reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 44. Third Reading - 96 -1111 - An ordinance to amend A -11 of the Saint Paul Legislative Code pertaining to notifications; standardizing notification requirements. Laid over to October 30 for final adoption 45. Third Reading - 96 -1112 - An ordinance to amend Chapter 310 of the Saint Paul Legislative Code pertaining to uniform license procedures; changing notification requirements for Class III license renewals. Laid over to October 30 for final adoption 46. Third Reading - 96 -1114 - An ordinance to amend Chapter 401.03 of the Saint Paul Legislative Code pertaining to licensing; standardizing public notification requirements. Laid over to October 30 for final adoption 47. Third Reading - 96 -1115 - An ordinance to amend Chapter 407.04 of the Saint Paul Legislative Code pertaining to uniform license procedures; standardizing notification requirements for hotel license renewals. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 7 of 9 Laid over to October 30 for final adoption 48. Third Reading - 96 -1116 - An ordinance to amend Chapter 409.06 of the Saint Paul Legislative Code pertaining to licensing; standardizing notification requirements for outside service areas. Laid over to October 30 for final adoption 49. Third Reading - 96 -1117 - An ordinance to amend Chapter 409.11 of the Saint Paul Legislative Code pertaining to licensing; standardizing notification requirements for changes in the liquor service area. Laid over to October 30 for final adoption 50. Third Reading - 96 -1118 - An ordinance to amend Chapter 410.07 of the Saint Paul Legislative Code pertaining to licensing; standardizing notification requirements for malt liquor licenses. Laid over to October 30 for final adoption 51. Third Reading - 96 -1119 - An ordinance to amend Chapter 411.04 of the Saint Paul Legislative Code pertaining to licensing; standardizing notification requirements for license applications. Laid over to October 30 for final adoption 52. Third Reading - 96 -1120 - An ordinance to amend Chapter 429.04 of the Saint Paul Legislative Code pertaining to uniform license procedures; changing notification requirements for Class III license renewals. Laid over to October 30 for final adoption 53. Third Reading - 96 -1166 - An ordinance amending the license fee schedule in Chapter 310 of the Saint Paul Legislative Code, decreasing food license fees and eliminating certain license categories. Substitute introduced, amended, and laid over to October 30 for final adoption Yeas - 7 Nays - 0 54. Third Reading - 96 -1167 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code, pertaining to lock opening service licenses. Laid over to October 30 for final adoption 55. Resolution - 96 -1343 - Approving application for a Cabaret and Restaurant -C License by Private Protection, Inc., dba PPI/People's Choice, 920 Selby Avenue. (ID 457870) Referred to Administrative Law Judge for hearing Yeas - 7 Nays - 0 56. Resolution - 96 -1344 - Approving application for a Wine On Sale License by 128 Cafe Inc., 128 Cleveland Avenue North. (ID 421520) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 57. Resolution - 96 -1345 - Approving application for a Hotel /Motel over 50 rooms, Hotel /Motel to 50 rooms, Restaurant -B, Sunday On Sale Liquor, and Liquor On Sale -A License by Starbound St. Paul Hotel LLC, dba Ramada Hotel St. Paul, 1870 Old Hudson Road. (ID 482023) Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote) 58. Resolution - 96 -1346 - Approving application for a State Class B Gambling Premise Permit by James Dellomo on behalf of Midway Lions Club at J.R. Mac's, 1420 7th Street West. (ID 413- 04568) Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote) 59. Resolution - 96 -1347 - Approving application for a Gambling Manager's License by Thomas R. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 8 of 9 Farrell, dba Midway Lions Club, at J.R. Mac's, 1420 7th Street West. (ID 442603) Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote) 60. Resolution - 96 -1348 - Approving application for a Class C Gambling Location License by J.R. Mac's, 1420 7th Street West. (ID 452843) Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote) 61. Resolution - 96 -1248 - Approving application for a Cabaret -A License by Cosmic Charlie's (Charles Ward, Owner), 189 Snelling Avenue North. (ID 466939) (Substitute introduced and laid over from October 16) Adopted Yeas - 5 Nays - 0 (Guerin and Harris not present for vote) 62. Resolution - 96 -1349 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1769 Selby Avenue, 300 Broadway Street, 677 Kent Street, and 96 West Robie Street. Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote) 63. Resolution - 96 -1350 - Ordering the owner to remove or repair the building at 874 Beech Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 64. Resolution 96 -1039 - Ordering the owner to remove or repair the building at 710 Dayton Avenue within fifteen (15) thirty (30) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from October 2) Adopted as amended Yeas - 7 Nays - 0 65. Resolution - 96 -1351 - Ordering the owner to remove or repair the building at 993 Margaret Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 66. Resolution - 96 -1352 - Ordering the owner to remove or repair the building at 1036 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to repair the building provided a $2,000 bond is posted by October 23, 1996) Laid over to November 6 Yeas - 7 Nays - 0 67. Resolution - 96 -1353 - Ordering the owner to remove or repair the building at 207 -211 Winona Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 68. Appeal of Brad Merwin to a summary abatement order for property at 33 East Maryland Avenue. (Legislative Hearing Officer recommends granting the appeal) Appeal Granted Yeas - 6 Nays - 0 69. Resolution - 96 -1354 - Authorizing the vacation of Winthrop Street from Larry Ho Drive to North Park Drive. Adopted Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010 Page 9 of 9 70. Resolution Ratifying and Confirming Condemnation - 96 -1355 - To improve Wabasha Street by condemning a triangular piece of land to the south of an intersection formed by the east line of Wabasha Street and the southwestern line of Concord Street. (File 418828) Adopted Yeas - 5 Nays - 2 (Blakey, Harris) Suspension Items Resolution - 96 -1356 - Amending the Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional Employees Association to settle the grievance of Johannes Huyen against the City of Saint Paul. Laid over to October 30 Yeas - 7 Nays - 0 Resolution - 96 -1357 - Appointing the law firm of Briggs and Morgan to represent the City of Saint Paul in the matter of Alter Trading Company v. the City of Saint Paul. Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112906 \Minutes 10- 23 -19... 12/15/2010