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Minutes 12-11-1996Page 1 of 11 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 11, 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 - 7 - Councilmembers Blakey, Bostrom, 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. Claims of Phyllis Anderson, Robert Beckers, Jessica Hunt, Mikel Martin, Elihu Moore, Jimmie Owens, and DeAundres Wilson. Referred to Risk/Employee Benefit Management Division 2. Summons and Complaint in the matter of 2145 Limited Liability Partnership vs. the City of Saint file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 2 of 11 Paul, et al. Referred to the City Attorney's Office 3. Third Party Summons, Complaint and Counter Claim in the matter of Jesse Gabriel Metzdorf and Cindy Smythe vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Order for Temporary Injunction and Amended Complaint in the matter of Ramsey County vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on December 26, 1996, to consider the appeal of Peter Lobinsky to a decision of the Planning Commission denying a special condition use permit to allow outdoor sales of automobiles at 672 Arcade Street. 6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on December 20, 1996, 9:30 a.m., Room 42 City Hall, to consider the application for licenses by Private Protection, Inc., dba People's Choice, 920 Selby Avenue. 7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on January 14, 1997, 9:30 a.m., Room 41, City Hall, to consider four taxicab licenses issued to C.I.N., Inc. and J.N.J., Inc. 8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on January 27, 1997, 9:30 a.m., Room 40 -A City Hall, to consider adverse action against licenses held by Olson Brother Liquors, Inc., 678 University Avenue West. 9. Letter from the Real Estate Division announcing a public hearing before the City Council on January 8, 1997, to consider the vacation of Leland Street southeasterly of Benson Street and Partner Street southwesterly of Leland Street in order for adjoining property owners to build an addition to their existing building. 10. Letter from the Real Estate Division announcing a public hearing before the City Council on January 8, 1997, to consider the vacation of Waseca Street from the north side of Robie Street to the south side of George Street in order for adjoining property owners to have adequate space for their planned garages and driveways. 11. Letters from Saint Paul Public Health declaring 689 Conway Street and 1472 Thomas 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 December 2, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 13. Administrative Orders: file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 3 of 11 . D001081 Authorizing payment, not to exceed $800.00, for refreshments for Police Department training workshops in December. . D001082 Approving Addendum II to Lease Agreement LIB /1 providing office space in the Hamline Branch Library for Hamline- Midway Area Rehabilitation Corporation. . D001083 Addition of $78,819.24 to the contract for Como -Arona Sewer and Paving project. . D001084 Amending the budget of the Community Development Block Grant fund in the Department of Planning and Economic Development. Noted as on file in the City Clerk's Office 14. Resolution - 96 -1481 - Approving the appointments of Altin Paulson and Xang Vang and the reappointment of Jill Danner, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission. (Laid over from December 4 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 96 -1483 - Approving the transfer of $179,240 from Council Contingency Code to the Municipal Equipment Fund for purchase of Fleet Management Information System hardware and software. (Laid over from December 4) Adopted Yeas - 7 Nays - 0 16. Resolution - 96 -1434 - Proposed support of Legislative efforts of outside groups and organizations during the 1997 Legislative Session. Laid over to December 18 (policy discussion) Yeas - 6 Nays - 0 (Rettman not present for vote) 17. Resolution - 96 -1435 - Proposed City Initiatives for the 1997 Legislative Session. Amended and laid over to December 18 (policy discussion) Yeas - 6 Nays - 0 (Rettman not present for vote) 18. Resolution - 96 -1436 - Supporting the Department of Human Rights' adoption of new hiring goals for all City construction projects over $50,000. Adopted Yeas - 7 Nays - 0 19. Resolution - 96 -1437 - Approving the sale of two surplus animals to Florida's Gulfarium and eight surplus zoo animals to appropriate zoological organizations. Adopted Yeas - 7 Nays - 0 20. Resolution - 96 -1438 - Approving changes to the 1996 Police budget and accepting and thanking the 3M Company for the donation of a Pan Disrupter. Adopted Yeas - 7 Nays - 0 21. Resolution - 96 -1439 - Authorizing spending funds which are part of a $200,000 grant from COPS file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 4 of 11 MORE to enhance the Police Department's computer network. Adopted Yeas - 7 Nays - 0 22. Resolution - 96 -1440 - Accepting a Public Housing Drug Elimination Program grant in the amount of $694,589 to the Saint Paul Police ACOP program. Adopted Yeas - 7 Nays - 0 23. Resolution - 96 -1441 - Authorizing the Police Department to submit a grant application to the National Institute of Justice for computer -based training for law enforcement academies, in- service and other specialized service training needs. Adopted Yeas - 7 Nays - 0 24. Resolution - 96 -1442 - Approving a preliminary and final plat for the property at 2110 -2120, 2078- 2082 Ford Parkway. Adopted Yeas - 7 Nays - 0 25. Resolution - 96 -1443 - Approving the 1997 contract with City and Convention and Visitors Bureau to spend Hotel/Motel tax receipts. Adopted Yeas - 7 Nays - 0 26. Resolution - 96 -1505 - Authorizing City signatures on a contract between the City of Saint Paul, acting through Saint Paul Health and the City of Minneapolis, Department of Health and Family Support. Adopted Yeas - 7 Nays - 0 27. Resolution - 96 -1506 - Requesting an extension of time to complete work on a structure being repaired at 240 East Morton. Adopted Yeas - 7 Nays - 0 28. Resolution - 96 -1507 - Approving receipt and expenditure of $30,000 for costs associated with the transfer of ownership of the cable system from Continental Cablevision to U.S. West. Adopted Yeas - 7 Nays - 0 29. Resolution - 96 -1508 - Granting authority to the Accounting Division to record financing and appropriations budget adjustments to record the effect of actual securities lending revenues and expenditures /expenses at year end. Adopted Yeas - 7 Nays - 0 30. Resolution - 96 -1509 - Approving the acquisition of Lots 1 through 4, Brenner Addition No. 2, in connection with the Phalen Wetland Restoration Project. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 5 of 11 Adopted Yeas - 7 Nays - 0 31. Resolution - 96 -1510 - Approving 1996 year -end budget adjustments. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 32. Resolution - 96 -1455 - Entering into a grant agreement with the Minnesota Department of Public Safety for the project entitled Safe & Sober Communities. (Laid over from November 27) Adopted Yeas - 7 Nays - 0 33. Resolution - 96 -1456 - Terminating the K -9 CIB remodeling /expansion project and returning $130,000 to CIB contingency. (Laid over from November 27) Laid over to December 26 Yeas - 7 Nays - 0 34. Resolution - 96 -1511 - Recognizing the members of the Living Wage Task Force. Adopted Yeas - 7 Nays - 0 35. Resolution - 96 -1512 - Accepting and adopting the policy recommendations of the Joint Saint Paul - Minneapolis Living Wage Task Force. Laid over to December 26 Yeas - 7 Nays - 0 36. Resolution - 96 -1513 - Approving new policy language for the City- County Public Health Department Joint Powers Agreement. Adopted Yeas - 5 Nays - 0 (Guerin & Harris not present for vote) ORDINANCES 37. Final Adoption - 96 -1117 - An ordinance amending Sections 409.11 of the Saint Paul Legislative Code pertaining to Licensing. (Amended and laid over from November 27) Adopted Yeas - 7 Nays - 0 38. Final adoption - 96 -1118 - An ordinance amending Sections 410.07 of Chapter 410, Nonintoxicating Malt Liquor, of the Saint Paul Legislative Code pertaining to Licensing. (Amended and laid over from November 27) Adopted Yeas - 7 Nays - 0 39. Final Adoption - 96 -1368 - An ordinance approving an amendment to the Saint Paul City Charter, Section 15.03, authorizing the City of Maplewood representation on the Board and additional representation on the Board if other suburban communities enter similar agreements with the Board. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 6 of 11 (Laid over from November 27) Adopted Yeas - 7 Nays - 0 40. Final Adoption - 96 -1369 - An ordinance to repeal existing ordinances superseded by new Chapters 116 and 135. Adopted Yeas - 7 Nays - 0 41. Final Adoption - 96 -1370 - An ordinance to enact a new Chapter 116 of the Saint Paul Legislative Code to administer and regulate the public right -of -way in the public interest. (Amended December 4, 1996) Adopted Yeas - 7 Nays - 0 42. Final Adoption - 96 -1371 - An ordinance to enact a new Chapter 135 of the Saint Paul Legislative Code to provide for the issuance and regulation of right -of -way permits. (Amended on December 4) Adopted Yeas - 7 Nays - 0 43. Final Adoption - 96 -1372 - An ordinance providing for the grant of franchises to telecommunications companies upon the terms and conditions provided herein. (Amended December 4) Adopted Yeas - 6 Nays -1 (Thune) 44. Third Reading - 96 -1464 - An ordinance finalizing City Council action approving the petition of Michael Osterman to rezone property at 1595 Dayton Avenue from RT -1 to P -1. (Public hearing held November 6, 1996) Laid over to December 26 for final adoption 45. Second Reading - 96 -1486 - An ordinance repealing Chapter 140.01 of the Saint Paul Legislative Code dealing with Skyway Governance Committee. Laid over to December 26 for third reading /public hearing 46. Second Reading - 96 -1504 - An ordinance repealing C.F. 496 -1341 and substituting this ordinance granting authority to the Port Authority of the City of Saint Paul to issue and sell bonds in the aggregate principle amount not to exceed $6,150,000. Laid over to December 26 for third reading /public hearing PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 47. Third Reading - 96 -1465 - An ordinance to repeal Chapter 379 of the Saint Paul Legislative Code pertaining to Lock Opening Service licenses. Laid over to December 26 for final adoption file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 7 of 11 48. Resolution - 96 -1514 - Approving application for a Gambling Manager's License by Lee J. Hoffman, dba Multiple Sclerosis Society, at Campus Sports Grill & Night Club, 2554 Como Avenue. (ID 425364) Adopted Yeas - 6 Nays - 0 (Reitman not present for vote) 49. Resolution - 96 -1515 - Approving application for a State Class B Gambling Premise Permit by Willard M. Munger, Jr., on behalf of Multiple Sclerosis Society, at Campus Sports Grill & Night Club, 2554 Como Avenue. (ID 413- 00562) Adopted Yeas - 6 Nays - 0 (Reitman not present for vote) 50. Resolution - 96 -1516 - Approving application for a State Class B Gambling Premise Permit by Barbara Kale, on behalf of Midway Training Services, Inc., at Amelia's, 175 E. 5th Street, Suite 312. (ID #B- 02422) Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote) 51. Resolution - 96 -1517 - Approving application for a Gambling Manager's License by Michael J. Michlitsch, dba Midway Training Services, Inc., at Amelia's, 175 East 5th Street, Suite 312. (ID 463382) Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote) 52. Resolution - 96 -1518 - Approving application for a Cigarette, Liquor On Sale -B, Sunday On Sale Liquor, Entertainment -A, and Restaurant -B License by Cobes and Duff LLC, dba Lowertown Bar and Grill, 175 5th Street East. (ID 438865) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 53. Resolution - 96 -1519 - Approving application for a State Class B Gambling Premise Permit by Kenneth Guenthner, on behalf of MN Amateur Rugby Foundation, at Paul's Lounge, 1045 Hudson Road. (ID 413- 03177) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 54. Resolution - 96 -1520 - Approving application for a Gambling Manager's License by Paul E. Johnson, dba MN Amateur Rugby Foundation, at Paul's Lounge, 1045 Hudson Road. (ID 487282) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 55. Resolution - 96 -1521 - Approving application for a State Class B Gambling Premise Permit by Mary Alice Powell on behalf of Twin Cities Autism Society at Cab's Pub, 992 Arcade Street. (ID 413- 05083) Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote) 56. Resolution - 96 -1522 - Approving application for a Gambling Manager's License by William R. Schwartz, dba Twin Cities Autism Society, at Cab's Pub, 992 Arcade Street. (ID 420676) Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote) 57. Resolution - 96 -1490 - Concerning adverse action against licenses held by Knowlan's Super file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 8 of 11 Markets, Inc., 1326 Randolph Avenue. (Uncontested) (Laid over from December 4) Adopted Yeas - 7 Nays - 0 58. Resolution - 96 -1523 - Concerning adverse action against licenses held by Harry R. Schleeter, dba Buff N Shine, Inc., 1340 7th Street West. (Uncontested) Adopted Yeas - 7 Nays - 0 59. Resolution - 96 -1524 - Concerning adverse action against licenses held by Pilney's Food Market, Inc., 1032 7th Street West. (Uncontested) Adopted Yeas - 7 Nays - 0 60. Resolution - 96 -1525 - Concerning adverse action against licenses held by Thomas J. Wang and Phoebe W. Wang, dba Dannecker's Supermarket, 793 Randolph Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 61. Resolution - 96 -1526 - Concerning adverse action against licenses held by Ciatti's Inc., dba Ciatti's Italian Restaurant, 850 Grand Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 62. Resolution - 96 -1527 - Concerning adverse action against licenses held by SuperAmerica, Inc., dba SuperAmerica 44032, 1734 7th Street West. (Uncontested) Adopted Yeas - 7 Nays - 0 63. Resolution - 96 -1528 - Concerning adverse action against licenses held by Tim & Tom's Speedy Market, Inc., 2310 Como Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 64. Resolution - 96 -1529 - Concerning adverse action against licenses held by Park Service Inc., 2277 Como Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 65. Resolution - 96 -1530 - Concerning adverse action against licenses held by C & T Enterprises, Inc., dba Como /Raymond Standard, 2102 Como Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 66. Resolution - 96 -1531 - Concerning adverse action against licenses held by The Cromwell, Inc., dba Cromwell Bar & Restaurant, 2511 University Avenue West. (Uncontested) Adopted Yeas - 7 Nays - 0 67. Resolution - 96 -1532 - Concerning adverse action against licenses held by Eddleston Enterprises, file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 9 of 11 Inc., dba Johnny's Cocktail Lounge, 2251 University Avenue West. (Uncontested) Adopted Yeas - 5 Nays -1 (Blakey) (Rettman not present for vote) 68. Resolution - 96 -1533 - Concerning adverse action against licenses held by Komina, Inc., dba Marshall Liquor, 2027 Marshall Avenue. (Uncontested) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 69. Resolution - 96 -1534 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 592 Portland Avenue, 360 -362 Fuller Avenue, 266 E. Seventh Street, 855 Woodbridge Street, 810 Concordia Avenue, 1336 Hewitt Avenue, 1201 Edgerton Street, 1193 Laurel Avenue, 149 E. Morton Avenue, 1339 Sherburne Avenue, 290 Dayton Avenue, and 1621 Marshall Avenue. Adopted as amended Yeas - 6 Nays - 0 (Rettman not present for vote) 266 E. Seventh Street laid over to February 5 1339 Sherburne Avenue amended 855 Woodbridge Street reconsidered and laid over to December 26 Yeas - 7 Nays - 0 70. Resolution - 96 -1535 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 968 Burr Street. (Laid over from November 27) Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote) 71. Resolution - 96 -1536 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 645 Lafond Avenue. (Laid over from November 27) Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote) 72. Resolution - 96 -1537 - Ordering the owner to remove or repair the building at 581 Forest Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs on the condition the bonds are posted and permits obtained by December 11, 1996.) Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote) 73. Resolution - 96 -1538 - Ordering repair of a hazardous retaining wall on privately held property at 586 Wheelock Parkway West. (Legislative Hearing Officer recommends adopting the resolution authorizing a substantial abatement process) Laid over to December 26 Yeas - 6 Nays - 0 (Thune not present for vote) 74. Appeal of Richard L. & Cecilia M. Runyon to a summary abatement order for property at 1302 Earl Street. (Legislative Hearing Officer recommends denying the appeal) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 10 of 11 Appeal denied Yeas - 6 Nays - 0 (Rettman not present for vote) 75. Final Order - 96 -1539 - In the matter of assessments for the Morgan /Edgcumbe Area Street Paving and Lighting Project. (File 418834) Substitute introduced and adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 76. Final Order - 96 -1540 - In the matter of assessments for construction of storm sewer connections, sanitary sewer connections, and /or water service connections, when requested by the property owner, in connection with the Morgan /Edgcumbe Area Street Paving and Lighting Project. (File 418835) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 77. Final Order - 96 -1541 - In the matter of improving Shepard Road from Randolph Avenue to Jackson Street. (File 418837) Adopted as amended Yeas - 7 Nays - 0 78. Resolution - 96 -1542 - Approving the increase for Sewer Service Availability Charge (SAC) from $900.00 to $950 beginning January 1, 1997. Adopted Yeas - 6 Nays -1 (Harris) 79. Resolution - 96 -1543 - To consider the vacation of part of Hadley Street as dedicated in Burlington Heights Division No. 2 to clear cloud on title caused by building encroachment. Adopted Yeas - 7 Nays - 0 80. Resolution - 96 -1544 - Approving conveyance to KB Fund III of certain City -held common areas in order to facilitate the revitalization of Town Square. Substitute introduced, amended and adopted Yeas - 7 Nays - 0 81. Public hearing to consider the appeal of David Sattinger and Ingunn Sachs to a decision of the Board of Zoning Appeals granting a front yard setback variance in order to construct a new single family home at 2155 Lower St. Dennis Road. (Laid over from November 27) Laid over to December 18 Yeas - 7 Nays - 0 Suspension Items Resolution - 96 -1545 - Approving application for a Sunday On Sale Liquor, Liquor On Sale -B, Entertainment -B, and Restaurant -B License by Great Waters Brewing Company, dba Great Waters Brewing Company, dba Great Waters Brewing Company, 426 St. Peter Street. (ID 414581) Adopted Yeas - 5 Nays - 0 (Guerin & Harris not present for vote) Resolution - 96 -1546 - Requesting the Director of Public Works to propose a permit fee schedule for excavation and obstruction within 90 days following the effective date of the ordinance adopting new Chapter 135 of the Legislative Code. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010 Page 11 of 11 Adopted Yeas - 7 Nays - 0 Resolution - 96 -1547 - Authorizing various City officials and staff to clarify the terms and conditions of a potential agreement for the use of a facility with a NHL team. Laid over to December 18 Yeas - 6 Nays - 1 (Rettman) Resolution - 96 -1548 - Scheduling a City Council closed meeting on December 18, 1996, at 2:30 p.m., Northwest Conference Room, 310 City Hall, to consider strategy for labor negotiations. Adopted Yeas - 7 Nays - 0 MISCELLANEOUS 82. Presentation of Workforce Development Council Youth Awards. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010