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Minutes 2-28-1996Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 28, 1996 - 3:30 PNI PUBLIC HEARINGS AT 5:00 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. Approval of minutes of October 25, 1995, and February 14, 1996. Laid over to March 6 Yeas - 7 Nays - 0 2. Claims of Joanne Combs, Yonova Eason, Douglas Hurd, and Patricia Meyer. Referred to the City Attorney's Office file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 2 of 7 3. Summons and Complaint in the matter of Iris J. Lewis vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 6, 1996, to consider adverse action against licenses held by Bradley Brooks, dba Front Avenue Superette, 859 Front Avenue. (Uncontested) 5. Administrative Orders: . D00845 Providing contractor an extension of time for the Davern Outlet Phase "A" project. D00846 Amending the 1995 budget in the Department of Planning and Economic Development to reflect proper amounts at the major object level. . D00847 Addition of $482 to the contract for improvements to the Saint Paul Civic Center Expansion, CP -213- Elevator, 410. Noted as on file in the City Clerk's Office 6. Resolution - 96 -160 - Approving the appointment of Kim Hunter, by Mayor Coleman, to the Bicycle Advisory Board as a Council Ward 4 Representative. (Laid over from February 21) Adopted Yeas - 7 Nays - 0 7. Resolution - 96 -183 - Approving the appointments of Nicole Otto, Kenneth Lawrence and Steven Sarrazin, by Mayor Coleman, to the Advisory Committee on Aging. (To be laid over one week for adoption) Laid over to March 6 for adoption 8. Resolution - 96 -184 - Approving the reappointment of Karen Muller, by Mayor Coleman, to the Family Housing Fund of Minneapolis and Saint Paul. (To be laid over one week for adoption) Laid over to March 6 for adoption 9. Resolution - 96 -185 - Approving the appointments of Theron Barnes and Richard Schoenthaler, by Mayor Coleman, to the Workforce Development Council as Private Sector Representatives. (To be laid over one week for adoption) Laid over to March 6 for adoption 10. Resolution - 96 -161 - Approving the 1994 -1996 Collective Bargaining Agreement between the City of Saint Paul and the International Association of Fire Fighters, AFL -CIO Local 21 and a Letter of Understanding. (Laid over from February 21) Adopted Yeas - 6 Nays - 0 Abstention -1 (Guerin) 11. Resolution - 96 -186 - Approving the 1995 Agreement between the Independent School District No. 625 and the School Service Employees Local Union No. 284 S.E.I.U., AFL -CIO representing Cook Managers. (To be laid over one week for adoption) Laid over to March 6 for adoption 12. Resolution - 96 -187 - Approving the 1995 and 1996 wages and benefits for the City's non - represented administrative and legislative employees. (To be laid over one week for adoption) Laid over to March 6 for adoption file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 3 of 7 13. Resolution - 96 -188 - Establishing the rate of pay for the unclassified Special Events Coordinator position located in the Office of Parks and Recreation in Grade 12 of the Non - Represented City Managers Salary Schedule. (To be laid over one week for adoption) Laid over to March 6 for adoption 14. Resolution - 96 -189 - Establishing the rate of pay for the unclassified Administrative Assistant position located in the Office of Public Health in Grade 16 of the Non - Represented City Managers Salary Schedule. (To be laid over one week for adoption) Laid over to March 6 for adoption 15. Resolution - 96 -190 - Establishing the rate of pay for the new class entitled Police Research and Grants Manager in Grade 26 of the Saint Paul Supervisors Organization and approving minimum qualifications for the new class as required by Civil Service Rule 32. (To be laid over one week for adoption) Laid over to March 6 for adoption 16. Resolution - 96 -191 - Approving settlement of claim of Bank St. Croix against the City of Saint Paul in the amount of $5,100. Adopted Yeas - 7 Nays - 0 17. Resolution - 96 -192 - Accepting a grant in the amount of $92,082 from the State of Minnesota, Office of Drug Policy and Violence Prevention, for the Saint Paul Police Department's ACOP Program. Adopted Yeas - 7 Nays - 0 18. Resolution - 96 -193 - Accepting the gift of a life -size statute of F. Scott Fitzgerald from the Saint Paul Foundation to recognize and publicly celebrate the author's 100th birthday by placement in a public park. Adopted Yeas - 7 Nays - 0 19. Resolution - 96 -194 - Canceling registered bill issued to William Jorke, 1855 Portland Avenue, in the amount $1,465 for a lead service connection replacement. Adopted Yeas - 7 Nays - 0 20. Resolution - 96 -195 - Canceling registered bill issued to the City of Roseville in the amount of $8,100.44 for over billed water usage for the month of October, 1995. Adopted Yeas - 7 Nays - 0 21. Resolution - 96 -196 - Canceling registered bill issued to the State of Minnesota in the amount of $1,867.74 for the State citing the Saint Paul Water Utility for a portion of the project. Adopted Yeas - 7 Nays - 0 22. Resolution - 96 -197 - Canceling registered bill issued to Thorne Properties, 1416 Carroll Avenue, in the amount of $3,375 for a lead service connection replacement. Adopted Yeas - 7 Nays - 0 23. Resolution - 96 -198 - Amending Council File 95 -461 to correct the length of terms from three years to one year for Robert Morgan, John Loban, and Mike Zipko to the Cable Access St. Paul, Inc. Board of Directors now called St. Paul Neighborhood Network. Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 4 of 7 24. Resolution - 96 -199 - Approving the issuance of multi - family rental housing development refunding revenue bonds (Burlington Apartments Project) Adopted Yeas - 7 Nays - 0 25. Resolution - 96 -200 - Suspending Pawnbroker's License held by Daryl Shiber, dba National Pawnbrokers, Inc, for delinquent taxes owed to the State of Minnesota. Withdrawn 26. Resolution - 96 -201 - Suspending Restaurant B License held by Bookie Read, dba On the Way Cafe, 340 Wabasha Street North, for delinquent taxes owed to the State of Minnesota. Adopted Yeas - 7 Nays - 0 27. Resolution - 96 -202 - Suspending Liquor On Sale, Sunday On Sale, Entertainment Class B, Off Sale Malt, Restaurant B and Gambling Loc. C Licenses held by PLAB, Inc., dba Ted's Rec, 1084 Larpenteur Avenue West, for delinquent taxes owed to the State of Minnesota. Adopted Yeas - 7 Nays - 0 28. Resolution - 96 -203 - Authorizing the proper City officials to execute a contract with Children's Health Care -Saint Paul for the provision of specialized medical services. Adopted Yeas - 7 Nays - 0 29. Resolution - 96 -204 - Authorizing the proper City officials to execute a contract with Ramsey Clinic for the provision of specialized medical services. Adopted Yeas - 7 Nays - 0 30. Resolution - 96 -205 - Amending the 1996 budget to provide technical and professional services for the Sales Tax Revitalization (STAR) Program for required loan services, accounting, and program data collection. Adopted Yeas - 6 Nays -1 (Megard) 31. Resolution - 96 -206 - Authorizing the Division of Parks and Recreation to undertake 1996 Pest Control Program on City park properties and post notification of same. Adopted Yeas - 7 Nays - 0 32. Resolution - 96 -207 - Approving conveyance of property to the City for the reconstruction of the Wabasha Street Bridge. Adopted Yeas - 7 Nays - 0 33. Resolution Approving Assessment - 96 -208 - In the matter of the assessment of benefits, cost and expenses for boardings -up of vacant buildings for November, 1995 (J96041B) and December, 1995 (J96042B) and demolition of vacant buildings for January, 1996 (J9604C) and setting date of public hearing for April 24, 1996. Adopted Yeas - 7 Nays - 0 34. Preliminary Order - 96 -209 - Condemning and acquiring forty seven vacant parcels for open space and bluff preservation in the Battle Creek Park Area, and setting date of public hearing for April 24, 1995. (File 418817) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 5 of 7 35. Resolution - 95 -1392 - Initiating a Performance Audit Program for all City departments and offices. (Amended and laid over from February 7) Adopted Yeas - 5 Nays - 2 (Bostrom, Rettman) 36. Resolution - 95 -1516 - Supporting State legislation establishing a system of checks and balances in the governance of the HRA between the Commissioners of the HRA and the Mayor. (Laid over from February 7) Withdrawn 37. Final Order - 96 -141 - In the matter of improving and widening Dale Street North, University to Minnehaha and St. Anthony to Central. (Laid over from February 14) Laid over to March 6 Yeas - 7 Nays - 0 38. Administrative Order: D00842 Amending the 1995 budget in the Division of Public Health to reflect proper spending authority. (Laid over from February 21) Laid over to March 6 Yeas - 7 Nays - 0 39. Resolution - 96 -210 - Accepting report, including recommendations, from the Department of Finance and Management Services regarding the 1996 bond sale. Adopted Yeas - 7 Nays - 0 ORDINANCES 40. Final Adoption - 95 -1338 - An ordinance to repeal Chapter 326 of the Saint Paul Legislative Code relating to licensing building contractors effective March 31, 1996. (Substitute introduced February 14) (Laid over from February 21) Laid over to March 6 Yeas - 7 Nays - 0 41. Second Reading - 96 -168 - Finalizing City Council action taken January 24, 1996, approving a petition of Multi -Clean Inc., (Pet Food Warehouse) to rezone property from P -1 and I -1 to B -2 at 2277 Ford Parkway. Laid over to March 6 for third reading /public hearing PUBLIC HEARINGS (Public Hearings will begin at 5:00 p.m.) 42. Third Reading - 96 -151 - Establishing the position entitled Administrative Assistant as specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H) thereof. Laid over to March 6 for final adoption 43. Third Reading - 96 -152 - Establishing the position entitled Special Events Coordinator as specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H) thereof. Laid over to March 6 for final adoption 44. Resolution - 96 -177 - Vacating part of Sixth Street between Summit Avenue and Mulberry Street allowing petitioner to improve access to a parking lot which serves the tenants of an apartment building. (Laid over from February 21) Adopted Yeas - 7 Nays - 0 45. Final Order - 96 -178 - In the matter of construction and /or reconstruction of sidewalks at 800 Blair file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 6 of 7 Avenue, 794 Dayton Avenue, 175 North Victoria Street, 775 Jefferson Avenue, 1382 Bayard Avenue, 1818 and 2017 Bohland Avenue, 1703 Rome Avenue, 1880, 1886 and 1890 Yorkshire Avenue, 1514 Englewood Avenue and 1095 Desoto Street. (File 4S95109) (Laid over from February 21) Adopted Yeas - 7 Nays - 0 46. Resolution Ratifying and Confirming Condemnation - 96 -179 - In the matter of condemning and acquiring permanent right -of -way easement and temporary construction easements in connection with construction of the new Wabasha Street Bridge and the new Navy (Raspberry) Island Bridge. (File 418794E) (Amended January 17) (Laid over from February 21) Adopted as amended Yeas - 7 Nays - 0 47. Resolution Ratifying and Confirming Condemnation - 96 -211 - Ratifying condemnation and awarding the damages for a permanent bridge easement taken as part of the construction of the Wabasha Street Bridge. (File 418794E) Adopted as amended Yeas - 7 Nays - 0 48. Resolution - 96 -212 - Approving application for a new Gambling Manager's License by Patrick Leahy, dba Children's Program of Northern Ireland at Smokey's, 499 Payne Avenue. (ID 458288) Adopted Yeas - 7 Nays - 0 49. Resolution - 96 -213 - Approving application for a new State Class B Gambling Premise Permit by Joe Reid, on behalf of Children's Program of Northern Ireland, at Smokey's, 499 Payne Avenue. (ID 404567) Adopted Yeas - 7 Nays - 0 50. Resolution - 96 -214 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 400 Whitall Street. Adopted Yeas - 7 Nays - 0 51. Resolution - 96 -156 - Ordering the owner to remove or repair the building at 1371 Van Buren Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from February 14) Adopted Yeas - 7 Nays - 0 52. Resolution - 96 -157 - Ordering the owner to remove or repair the building at 441 View Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from February 14) Laid over to April 24 Yeas - 7 Nays - 0 53. Appeal of Dick Nowlin to a Summary Abatement Order for property at 762 Capitol Heights. (Legislative Hearing Officer recommends granting the appeal to April 30, 1996, on the condition that all open storage be removed from the garage by February 20, 1996, and that the integrity of the structure is maintained) (Laid over from February 14) Appeal denied - abatement order within 5 days Yeas - 7 Nays - 0 54. Resolution - 96 -215 - Ordering the owner to remove or repair the building located at 292 -294 Aurora Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 55. Resolution - 96 -216 - Ordering the owner to remove or repair the building located at 527 Bidwell file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010 Page 7 of 7 Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 56. Resolution - 96 -217 - Ordering the owner to remove or repair the building located at 883 Third Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 57. Resolution - 96 -218 - Ordering the owner to remove or repair the building located at 894 York Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted six months to repair the building if a code compliance inspection is completed, a $2,000 bond is posted and the vacant building fee is paid by February 28, 1996). Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 58. Public hearing to consider the appeal of Amin Lotfalla to a decision of the Board of Zoning denying a variance of the minimum lot size and width requirements in order to continue the use of the property as a duplex at 489 View Street. Motion of intent - appeal denied Yeas - 7 Nays - 0 59. Public hearing to consider the application of Steve Scribner to rezone property from B -3 (general business) to R -4 (residential single family) to allow an existing commercially used property to be used as a single family dwelling at 1374 Arcade Street. Motion of intent - grant the application Yeas - 7 Nays - 0 60. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against license application by Don Nguyen and Duon Dai Phan's Cafe, dba Cafe Karaoke Do Thanh, 1275 University Avenue. Adopted Findings of the License, Inspections and Environmental Protection Office and denied the license. Yeas 5 Nays - 0 (Guerin and Rettman not present for vote) file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113128 \Minutes 2- 28- 199... 12/15/2010