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Minutes 5-8-1996Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 8, 1996 - 3:30 PM 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 April 17 and 24, 1996. Adopted Yeas - 7 Nays - 0 2. Claims of Donald R. Anderson, Peggy Joan Birk, Lou Conroy, Anthony Dzik, Richard Grossman, Roberta Lynn Jacoway, Christy Johnson, LeRoy Lenz, Frederick Charles Quast, Timothy L. Reed, Betty Robinson, Susan S. Schumacher, B. Agnes Slattery, Sean Strauss, and David Will. file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 2 of 7 Referred to the City Attorney's Office 3. Summons, Amended Complaint, and Complaint Exhibits in the matter of Dorothy Barnes Mickel vs the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on May 22, 1996, to consider the application of W.A. Frost to rezone property from RM -2 (residential multiple family) to B -2 (community business) to allow expansion of the off - street parking lot and improvements to the existing outdoor dining facility at 374 Selby Avenue (portion of property at the southeast corner of Selby and Western Avenues). 5. Letters from Saint Paul Public Health declaring 1071 Kilburn Street, 430 Robert Street South, and 1194 Ross Avenue as " "nuisance properties "" and setting date of Legislative Hearings for May 21, 1996, and City Council Hearings for June 12, 1996. 6. Communication from Saint Paul Animal Control dated April 29, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 7. Letter from Ramsey County Property Records and Revenue dated April 29, 1996, recommending reclassification to Homestead and reduction in property taxes for property at 400 Selby Avenue #C, Abatement Application AH96 -8116. 8. Administrative Orders: • D00910 Amending the 1994 budget in the Department of Public Works by transferring 1994 Public Improvement Aid funding from PIA Contingency and adding Street Maintenance funding to the 1994 Alley Contracts project. • D00911 Amending the 1994 budget in the Department of Public Works by transferring 1994 Public Improvement Aid funding from PIA Contingency to the White Bear - 3rd Street to Old Hudson Road project. • D00912 Addition of $20,721.85 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation and Bridge Construction. • D00913 Addition of $52,485.21 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation and Bridge Construction. • D00914 Amending the 1996 budget of the General Government Accounts by transferring $11,900 from Mayor's Contingency in the Innovation's Fund to finance a contract with Pinke & Associates. Noted as on file in the City Clerk's Office 9. Resolution - 96 -437 - Approving the appointments of Leah Olson and Crystal LaShaun McClintock, by Mayor Coleman, to the Youth Fund Board. (Laid over from May 1 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 96 -467 - Approving the appointment of Paul Adelmann, by Mayor Coleman, as file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 3 of 7 Assistant to the Mayor. Adopted Yeas - 7 Nays - 0 11. Resolution - 96 -468 - Approving the appointment of Councilmember Jerry Blakey and the reappointment of Councilmember Roberta Megard, by Mayor Coleman, to the Family Housing Fund of Minneapolis and Saint Paul. (To be laid over one week for adoption) Laid over to May 15 for adoption 12. Resolution - 96 -469 - Approving the reappointment of Councilmember Roberta Megard, by Mayor Coleman, to the Ramsey County League of Local Governments. (To be laid over one week for adoption) Laid over to May 15 for adoption 13. Resolution - 96 -470 - Approving the appointment of Councilmember David Thune and the reappointment of Councilmember Dino Guerin, by Mayor Coleman, to the Saint Paul Riverfront Corporation. (To be laid over one week for adoption) Laid over to May 15 for adoption 14. Resolution - 96 -471 - Approving the appointment of Diana M. Rodriguez and the reappointments of Robert Morgan and Mike Zipko to the Saint Paul Neighborhood Network. (To be laid over one week for adoption) Laid over to May 15 for adoption 15. Resolution - 96 -472 - Approving the appointment of Liz Anderson, by Mayor Coleman, to serve as the Parks and Recreation Commission representative on the Bicycle Advisory Board. (To be laid over one week for adoption) Laid over to May 15 for adoption 16. Resolution - 96 -325 - Adopting the Saint Paul Parks and Recreation Plan as a Chapter of The Saint Paul Comprehensive Plan. (Laid over from May l; to be laid over to July 10) (For notification purposes only; no action will be taken at the May 8 meeting. This Resolution was referred to the Parks Commission on May 1 and laid over to the July 10 City Council meeting. Bob Piram, Superintendent, Parks and Recreation, 300 City Hall Annex, will accept written public testimony until May 15, 1996) 17. Resolution - 96 -473 - Authorizing payment of $3,753.57 to Allstate Insurance Company in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 18. Resolution - 96 -474 - Authorizing payment of $3,000 to Esther Mersky in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 19. Resolution - 96 -475 - Approving payment of $2,832.06 to Jeffrey Peterson in full settlement of his claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 96 -476 - Stating the City Council's intent in adopting the NSP electric and gas franchises effective July 1, 1996 to June 30, 2006. (To be laid over one week for adoption) Laid over to May 15 for adoption 21. Resolution - 96 -477 - Authorizing the Department of Public Works to request a variance to file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 4 of 7 Municipal State Aid Street Width Standards on Ohio Street between Annapolis and George Streets. Adopted Yeas - 7 Nays - 0 22. Resolution - 96 -478 - Approving interceptor sewer maintenance agreement between the City of Saint Paul and the Metropolitan Council Wastewater Services for January 1, 1996, through December 31, 1996. Adopted Yeas - 7 Nays - 0 23. Resolution - 96 -479 - Requesting the establishment of a Taxicab Rate Review Committee. Laid over to May 22 Yeas - 7 Nays - 0 24. Resolution Approving Assessment - 96 -480 - In the matter of acquisition of a utility easement for the Goodrich /Western Sewer Outlet, and setting date of public hearing for May 22, 1996. (File 418677E2) Adopted Yeas - 7 Nays - 0 25. Resolution Approving Assessment - 96 -481 - In the matter of acquisition of a utility easement for the Davern Outlet and Maynard /Stewart Sewer Project, and setting date of public hearing for June 12, 1996. (File 418688E3) Adopted Yeas - 7 Nays - 0 26. Resolution Approving Assessment - 96 -482 - In the matter of sidewalk reconstruction on both sides of Arbor Street from Jefferson Avenue to James Avenue; both sides of Armstrong Avenue from Osceola Avenue to West Seventh Street; both sides of Duke Street from Banfil Street to St. Clair Avenue; both sides of Victoria Street from James Avenue to Randolph Avenue; and both sides of View Street from Juno Avenue to Armstrong Avenue, and setting date of public hearing for June 26, 1996. (File 4S95079- S95083) Adopted Yeas - 7 Nays - 0 27. Resolution Approving Assessment - 96 -483 - In the matter of installing a public water main and service connection in Winthrop Lane from Burlington Road to approximately 400 feet north of Burlington Road and in Winthrop Court from Winthrop Lane to the cul -de -sac, and setting date of public hearing for July 3, 1996. (File 418730) Adopted Yeas - 7 Nays - 0 28. Resolution Approving Assessment - 96 -484 - In the matter of summary abatements (property clean- up) for fall of 1995, and setting date of public hearing for July 10, 1996. (File 4J9607TDBC) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 29. Report from the Mayor's Administration on the 1996 Minnesota State Legislature and its effect on the legislative agenda of the City of Saint Paul. ORDINANCES 30. Final Adoption - 96 -391 - An ordinance to allow for the use of the State issued Catering (Traveling Liquor) Permit and establishing guidelines. Adopted Yeas - 7 Nays - 0 31. Final Adoption - 96 -392 - An ordinance to restrict the location of off -sale intoxicating liquor licenses file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 5 of 7 in the City of Saint Paul. Adopted Yeas - 7 Nays - 0 32. Final Adoption - 96 -393 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code pertaining to bingo halls; changing the minimum distance and equipment requirements. Adopted Yeas - 7 Nays - 0 33. Final Adoption - 96 -394 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code pertaining to lawful gambling; adding raffles and making amends for the use of pull - tab mechanical dispensing devices. (Amended on May 1) Adopted Yeas - 7 Nays - 0 34. Final Adoption - 96 -395 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code pertaining to gambling; allowing non - intoxicating liquor establishments to participate in charitable gambling functions. Adopted Yeas - 7 Nays - 0 35. Second Reading - 96 -461 - Amending Sections 60.201, 60.218, 60.412, 60.542, 60.544, 60.612, 61.104, 62.103, and 63.107 of the Saint Paul Legislative Code pertaining to zoning. Laid over to May 22 for third reading /public hearing 36. Second Reading - 96 -462 - An ordinance finalizing City Council action approving a petition of Plaza Concepts, Inc. to create a commercial development district on property at 2431 West 7th Street. (Public hearing held April 16, 1996) Laid over to May 22 for third reading 37. First Reading - 96 -485 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code pertaining to taxicabs; increasing the number of licenses available, removing the reference to metal license tags, changing selection criteria for newly issued licenses, and making other minor housekeeping changes. (Public Hearing will be held on May 22) Laid over to May 15 for second reading 38. First Reading - 96 -486 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code pertaining to taxicabs; requiring licensed drivers to yield to breathalyser tests upon request while on duty, and other minor housekeeping changes. (Public Hearing will be held on May 22) Laid over to May 15 for second reading PUBLIC HEARINGS (Public hearings will begin at 5:00 p.m.) 39. Third Reading - 96 -416 - An ordinance renewing the NSP gas franchise effective July 1, 1996, to June 30, 2006. Laid over to May 15 for final adoption Yeas - 7 Nays - 0 40. Third Reading - 96 -417 - An ordinance renewing the NSP electric franchise effective July 1, 1996, to June 30, 2006. Laid over to May 15 for final adoption Yeas - 7 Nays - 0 41. Third Reading - 96 -418 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code pertaining to entertainment; allowing the City Council to grant licenses outside of the current petition requirement under certain circumstances. file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 6 of 7 Amended and laid over to May 22 for final adoption 42. Resolution - 96 -487 - Approving application for a Restaurant -C, Sunday On Sale Liquor, Liquor On Sale -C, Gambling Location - C, Entertainment -A, Off Sale Malt, and Cigarette License by Mr. C's Inc. (Rudolph Cervantez), 429 Robert Street South. (ID 417792) Substitute introduced and adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 43. Resolution - 96 -488 - Approving application for an Entertainment-13 License by Robert Jensen, Allen Doriott, Long Nguyen and Vu Hoang, dba The Stahl House, 586 Rice Street. (ID 492715) Adopted Yeas - 7 Nays - 0 44. Resolution - 96 -489 - Approving application for a Cabaret -Class A License by Thanh Ngoc Nguyen, dba Cafe Karoake Do Thanh, 1275 University Avenue West. (File 414116) Laid over to May 22 Yeas - 7 Nays - 0 45. Resolution Ratifying Assessment - 96 -490 - In the matter of sidewalk reconstruction on both sides of West Montana Avenue from North Grotto Street to North Avenue Street. (File 459401) Adopted Yeas - 7 Nays - 0 46. Resolution Ratifying Assessment - 96 -491 - In the matter of sidewalk reconstruction on both sides of Armstrong Avenue from South Milton Street to South Chatsworth Street; both sides of Armstrong Avenue from View Street to South Victoria Street; and the east side of South Lexington Parkway from Ayd Mill Road to Jefferson Avenue. (File 459430, 59431, 59432) Adopted Yeas - 7 Nays - 0 47. Resolution Ratifying Assessment - 96 -492 - In the matter of sidewalk reconstruction on the east side of South Cleveland Avenue from St. Paul Avenue to Montreal Avenue. (File 459434) Adopted Yeas - 7 Nays - 0 48. Resolution Ratifying Assessment - 96 -493 - In the matter of sidewalk construction and /or reconstruction on the north side of Norfolk Avenue from Sumner Street to South Cleveland Avenue, and the south side of Norfolk Avenue from South Prior Avenue to South Cleveland Avenue; sidewalk reconstruction on the west side of South Prior Avenue from Sheridan Avenue to Norfolk Avenue; and sidewalk reconstruction on both sides of Sheridan Avenue from Sue Street to South Prior Avenue. (File 459437, 59438, 59439) Adopted Yeas - 7 Nays - 0 49. Resolution Ratifying Assessment - 96 -494 - In the matter of sidewalk reconstruction on both sides of West Idaho Avenue from Fernwood Street to Huron Street. (File 459440) Laid over to May 22 Yeas - 7 Nays - 0 50. Resolution Ratifying Assessment - 96 -495 - In the matter of sidewalk reconstruction on the north side of Otto Avenue from South Milton Street to South Chatsworth Street, and the south side of Otto Avenue from West Seventh Street to South Chatsworth Street. (File 459441) Adopted Yeas - 7 Nays - 0 51. Resolution Ratifying Assessment - 96 -496 - In the matter of sidewalk reconstruction on both sides of Hague Avenue from North Victoria Street to North Milton Street and the west side of North Victoria Street from Hague Avenue to approximately 100 ft. south of Hague Avenue. (File 459458) file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010 Page 7 of 7 Adopted Yeas - 7 Nays - 0 52. Resolution Ratifying Assessment - 96 -497 - In the matter of sidewalk construction and /or reconstruction on both sides of Lakeview Avenue from North Victoria Street to East Como Boulevard, and the west side of North Victoria Street from Lakeview Avenue to approximately 176 ft. south of Lakeview Avenue. (File 459474) Adopted Yeas - 7 Nays - 0 53. Resolution Ratifying Assessment - 96 -498 - In the matter of sidewalk reconstruction on both sides of Goodhue Street from South Western Avenue to Richmond Street, and the east side of Richmond Street from Goodhue Street to Superior Street. (File 459495) Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113542 \Minutes 5 -8- 1996... 12/15/2010