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Minutes 8-7-1996Pagel of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 7, 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 The following communication was read into the record by Nancy Anderson, Assistant Secretary to the City Council. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing before the City Council on August 14, 1996, to consider the appeal of Mon -Ray, Inc. to a decision of the Heritage Preservation Commission denying approval for clear anodized combination storm windows for file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 2 of 8 property located at 1156 Summit Avenue. l.Approval of minutes of July 24, 1996 Closed Door Session. Adopted Yeas - 7 Nays - 0 2.Claims of David Cody (for Corey Dunkel), Jeffrey DeLisle, T. Dotty Contracting, Leo Feeney (for Annette daSilva), Jeanine Hawkins, Donald John, Richard Koerner, Gina Leske, Midway Chevrolet, Thomas Redmond, and David Wright. Referred to Risk/Employee Benefit Management Division 3.Summons and Complaint in the matter of Lenny Anderson vs. the City of Saint Paul. Referred to the City Attorney's Office 4.Summons and Complaint in the matter of Dennis D. Winge vs. the City of Saint Paul. Referred to the City Attorney's Office 5.Accepting a petition to secure a public hearing on September +4 11,1996, concerning nuisance property at 687 Edmund Avenue. 6.Accepting a petition to secure a public hearing on September +4 11, 1996, concerning nuisance property at 775 Edmund Avenue. 7.Accepting a petition to secure a public hearing on September +4 11, 1996, concerning nuisance property at 677 Kent Street. 8.Letters from Saint Paul Public Health declaring 874 Beech Street, 232 Cottage Avenue West and 772 Desoto Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9.Administrative Orders: . D00981 Amending the 1996 budget of the Police Department by transferring $5,808.00 from salaries in the System Unit budget to the Services Section budget. . D00982 Amending the 1996 budget of the City Attorney's Office by transferring existing spending authority to cover expenditures for the Modified Duty Worker program for the first half of 1996. . D00983 Addition of $6,047.90 to the contract for street lighting on Maynard /Stewart CSSP. Noted as on file in the City Clerk's Office I O.Resolution - 96 -870 - Approving the reappointment of Willetha (Toni) Carter, by Mayor Coleman, to the Metropolitan Library Service Agency. (To be laid over one week for adoption) Laid over to August 14 for adoption 1 l.Resolution - 96 -857 - Approving and ratifying the 1996 Wage reopener between the City of Saint Paul and the International Brotherhood of Electrical Workers Local 4110). (Laid over from July 31 for adoption) Adopted Yeas - 7 Nays - 0 12.Resolution - 96 -871 - Finalizing City Council action taken July 24, 1996, concerning adverse action file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 3 of 8 against the taxicab vehicle license held by Robert Brunette, Airport Taxi, 113 Main, New Auburn, WI. Adopted Yeas - 7 Nays - 0 13.Resolution - 96 -872 - Finalizing City Council action taken July 24, 1996, concerning adverse action against the taxicab vehicle license held by Wayne Joyce, Checker Cab, 500 36th Street East, Minneapolis. Adopted Yeas - 7 Nays - 0 14.Resolution - 96 -873 - Finalizing City Council action taken July 24, 1996, concerning adverse action against the taxicab vehicle license held by John Sweeney, St. Paul Metro Taxi, 1767 Fry Street, St. Paul. Adopted Yeas - 7 Nays - 0 15.Resolution - 96 -874 - Finalizing City Council action taken July 24, 1996, concerning adverse action against the taxicab vehicle license held by Tessfay Tessema, Checker Cab, 500 36th Street East, Minneapolis. Adopted Yeas - 7 Nays - 0 16.Resolution - 96 -875 - Approving polling locations for the primary and general elections for September and November of 1996. Adopted as amended Yeas - 7 Nays - 0 17.Resolution - 96 -876 - Directing the Water Utility and the Public Works Department to report back to the City Council no later than thirty days from passage of resolution regarding water /sewer problems at 1505 Highland Parkway Adopted Yeas - 7 Nays - 0 18.Resolution - 96 -877 - Approving submission of a grant application to the State of Minnesota in the amount of $150,000 for a local Weed and Seed application. Adopted Yeas - 7 Nays - 0 19.Resolution - 96 -878 - Accepting a grant in the amount of $150,000 from the State of Minnesota to establish a Weed and Seed Program in the Railroad Island Neighborhood of the lower East Side of Saint Paul. Adopted Yeas - 7 Nays - 0 20.Resolution - 96 -879 - Accepting a grant in the amount of $50,000 from the State of Minnesota for police officer overtime. Adopted Yeas - 7 Nays - 0 21.Resolution - 96 -880 - Accepting a grant in the amount of $750,000 from the State of Minnesota for hiring ten new police officers. Laid over to August 21 Yeas - 7 Nays - 0 22.Resolution - 96 -881 - Authorizing the Police Department to submit an application for $593,732 to the Bureau of Justice Administration for the Local Law Enforcement Block Grant Program. Adopted as amended Yeas - 7 Nays - 0 23.Resolution - 96 -882 - Approving a new contract with Cable Access - Saint Paul, dba Saint Paul Neighborhood Network (SPNN) to provide public and educational access and community programming file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 4 of 8 services. Adopted Yeas - 7 Nays - 0 24.Resolution - 96 -883 - Amending the 1996 budget in the Department of Planning and Economic Development by $140,000.00 for removal and reinstallation of light fixtures throughout three levels of the Science Museum Municipal Parking Ramp. Adopted Yeas - 7 Nays - 0 25.Resolution - 96 -884 - Requesting low interest loans through the Minnesota Public Facilities Authority for the Inflow /Infiltration Program. Adopted Yeas - 7 Nays - 0 26.Resolution - 96 -885 - Agreeing to hold harmless Agribank FCB, Inc. for use of their parking lot by the Division of Parks and Recreation for the Gus Macker 3 -on -3 Basketball Tournament volunteer tent. Adopted Yeas - 7 Nays - 0 27.Resolution - 96 -886 - Directing Council Research to design and analyze a survey on the nature of improvements needed at Griggs Recreation Center. Failed Yeas - 3 Nays - 4 (Bostrom, Guerin, Harris, Megard) 28.Resolution - 96 -887 - Correcting the assessment amount for 375 Erie Street. Adopted Yeas - 7 Nays - 0 29.Resolution Approving Assessment - 96 -888 - In the matter of improving Osceola Avenue from Grotto Street to Pleasant Avenue, and setting date of public hearing for October 2, 1996. (File 418712 - OS)' Adopted Yeas - 7 Nays - 0 30.Resolution Approving Assessment - 96 -889 - In the matter of a permanent easement for lighting purposes on Maiden Lane between Nina Street and Selby Avenue, and setting date of public hearing for September 11, 1996. (File 418829) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 31.Resolution - 96 -325 - Adopting the Saint Paul Parks and Recreation Plan as a Chapter of The Saint Paul Comprehensive Plan. (Substitute introduced and laid over from July 24) Laid over to August 21, 10:00 a.m. Special City Council Policy Meeting Yeas - 6 Nays - 1 (Blakey) 32.Resolution - 96 -890 - Adopting the Final Scoping Decision for the Phalen Boulevard Environmental Impact Statement. Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) (An amendment was made to the Environmental Impact Statement) 33.Resolution - 96 -891 - Approving STAR Board recommendations for Cycle 2, Neighborhood STAR Program. Adopted as amended Yeas - 4 Nays - 3 (Bostrom, Guerin, Rettman) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 5 of 8 ORDINANCES 34.Final Adoption - 96 -569 - An ordinance amending Section 33.07 of the Saint Paul Legislative Code pertaining to electric fences. (Laid over from July 17) Adopted Yeas - 7 Nays - 0 35.Final Adoption - 96 -779 - An ordinance establishing penalties for violations of general parking restrictions found in Saint Paul Legislative Code Chapter 157. Adopted Yeas - 7 Nays - 0 36.Final Adoption - 96 -780 - An ordinance increasing penalties for violations of parking meter restrictions found in Saint Paul Legislative Code Chapter 160. Adopted Yeas - 7 Nays - 0 37.Final Adoption - 96 -781 - An ordinance establishing penalties for violations of abandoned vehicle restrictions found in Saint Paul Legislative Code Chapter 163. Adopted Yeas - 7 Nays - 0 38.Final Adoption - 96 -782 - An ordinance establishing penalties for violations of city -owned parking lot restrictions found in Saint Paul Legislative Code Chapter 164. Adopted Yeas - 7 Nays - 0 39.Final Adoption - 96 -783 - An ordinance to require that cabaret licenses be issued only in conjunction with restaurant or liquor licenses. (Substitute introduced on July 17) Substitute of July 17 adopted Yeas - 7 Nays - 0 40.Final Adoption - 96 -802 - An ordinance amending Chapter 200 of the Legislative Code pertaining to animals; allowing that invisible fences be used as secondary canine restraints. Adopted Yeas - 7 Nays - 0 41.Final Adoption - 96 -624 - An interim ordinance preserving the status quo with respect to the use of property within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and Zoning Regulations relating to Recycling Processing Centers. (Laid over from July 3) Adopted Yeas - 7 Nays - 0 (Green Sheet amended) 42.First Reading - 96 -892 - An ordinance to allow property owners to plant and maintain gardens in the City right -of -way adjoining their property. Laid over to August 14 for second reading 43.First Reading - 96 -893 - An ordinance finalizing City Council action approving a petition of Pioneer Power, Inc. To rezone property at 582 Hatch Avenue from RM -2 to I -1 (Public hearing held July 10, 1996) Laid over to August 14 for second reading 44.First Reading - 96 -894 - An ordinance finalizing City Council action approving a petition of Twin Cities Habitat for Humanity to rezone property at 671 -681 Jenks Avenue from B -2 to RT -1. (Public hearing held July 10, 1996) Laid over to August 14 for second reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 6 of 8 45.Third Reading - 96 -833 - An ordinance amending the Saint Paul Legislative Code, Chapter 166 by amending the authorized restricted residential permit parking areas. Laid over to August 14 for final adoption 46.Third Reading - 96 -834 - An ordinance removing parking meters on Second Street between Kellogg Boulevard and Jackson Street. Laid over to August 14 for final adoption 47.Resolution - 96 -895 - Approving application for a Firearms License by Saint Paul Firearms Company, 634 Snelling Avenue North. (ID 440567) Substitute introduced and laid over indefinitely; Referred to Administrative Law Judge for hearing Yeas - 7 Nays - 0 48.Resolution - 96 -896 - Approving application for a Restaurant -B, Entertainment -B, Sunday On Sale Liquor, and Liquor On Sale -A License by Innovative Restaurant Concepts, Inc., dba Rio Bravo Cantina, 389 Hamline Avenue North. (ID 474625) Adopted Yeas - 7 Nays - 0 49.Resolution - 96 -897 - Approving application for a Restaurant -B and On Sale Malt (3.2) License by Taste of Thailand Restaurant, Inc. 1671 Selby Avenue. (ID 471341) Adopted Yeas - 7 Nays - 0 50.Resolution - 96 -898 - Approving application for a Cigarette, Entertainment -A, Sunday On Sale Liquor, Restaurant -B, and Liquor On Sale -B License by The Vintage, Inc., 579 Selby Avenue. (ID 430828) Adopted Yeas - 7 Nays - 0 51.Resolution - 96 -899 - Approving application for a State Class B Gambling Premise Permit by Father Robert T. Monaghan, on behalf of Church of the Incarnation, at Reaney's Bar, 870 Payne Avenue. (ID #B- 00639) Adopted Yeas - 7 Nays - 0 52.Resolution - 96 -900 - Approving application for a Gambling Manager's License by Steven Tibbetts, dba Church of the Incarnation, at Reaney's Bar, 870 Payne Avenue. (ID 447225) Adopted Yeas - 7 Nays - 0 53.Resolution - 96 -901 - Approving application for a Gambling Manager's License by Scott Venne, dba White Bear Avenue Business Association, at Hafner's, 1560 White Bear Avenue. (ID 424243) Adopted Yeas - 7 Nays - 0 54.Resolution - 96 -902 - Approving application for a Gambling Manager's License by Mary VanCura, dba St. Bernard Church, at Tin Cups, 1220 Rice Street (ID 411805), at Schally's, 1091 Rice Street (ID 417448), and at Easy Street West, 616 Como Avenue (ID 445774). Adopted Yeas - 7 Nays - 0 55.Resolution - 96 -903 - Approving application for a Parking Lot/Ramp License by Imperial Parking Inc., dba Imperial Parking Inc. /Kitty Lot, 261 7th Street East. (ID 438317) Adopted Yeas - 7 Nays - 0 56.Resolution - 96 -904 - Approving application for a Class B Gambling Location License by The Ale file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 7 of 8 Room, Inc., dba The Buttery, 395 North Robert Street. (ID 490564) Adopted Yeas - 7 Nays - 0 57.Resolution - 96 -905 - Approving application for a State Class B Gambling Premise Permit by Kevin O'Connell, on behalf of Star Swim Club, Inc., at The Buttery, 395 North Robert Street. (ID 4 pending) Adopted Yeas - 7 Nays - 0 58.Resolution - 96 -906 - Approving application for a Gambling Manager's License by Gregory Lendway, dba Star Swim Club, Inc., at the Buttery, 395 North Robert Street. (ID 499603) Adopted Yeas - 7 Nays - 0 59.Resolution - 96 -907 - Granting the Saint Paul Saints Baseball Club a sound level variance with conditions. Laid over August 14 Yeas - 7 Nays - 0 60.Final Order - 96 -908 - In the matter of sidewalk reconstruction on both sides of Kent Street from Ashland Avenue to Holly Avenue. (File 4596001) Adopted Yeas - 7 Nays - 0 61.Final Order - 96 -909 - In the matter of sidewalk reconstruction on both sides of Eleanor Avenue from Kenneth Street to Wilder Street. (File 4596002) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 62.Final Order - 96 -910 - In the matter of sidewalk reconstruction on the west side of Moore Street from Marshall venue to Iglehart Avenue. (File 4596003) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 63.Final Order - 96 -911 - In the matter of operating and maintaining the City -owned "Town Square" public spaces located within Cedar Street, Seventh Street, Minnesota Street and Sixth Street. (File 418113 -96) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 64.Resolution Ratifying Assessment - 96 -912 - In the matter of construction of a skyway bridge, concourse and vertical access system connecting the Children's Museum and the World Trade Center building. (File 418771) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 65.Public hearing to consider the application of James R. Fox to rezone property from RT -1 (residential multiple family) to I -1 (industrial) to allow outdoor storage of steel products at 559 561 DeSoto Street. Motion of intent adopted Yeas - 6 Nays - 0 (Thune not present for vote) Reconsidered Resolution - 96 -855 - Amending the 1994 -1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors' Organization regarding grievance rights and severance related matters. (Reconsidered from action taken on July 31) Adopted Yeas - 5 Nays - 2 (Harris, Rettman) Suspension Items file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010 Page 8 of 8 Resolution - 96 -913 - Approving application for a Patio Service License by The Vintage, Inc, 579 Selby Avenue. (ID 430828) Laid over to August 28 Yeas - 7 Nays - 0 Resolution - 96 -914 - Accepting from the Como Zoological Society, on behalf of the City of Saint Paul, the gift of free participation in the Como Zoo Golf Tournament for up to 10 City officials. Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113959 \Minutes 8- 7- 1996... 12/15/2010