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Minutes 11-12-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 12, 1997 - 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 • Executive Orders • For Discussion • Ordinances • Public Hearings • Suspension Items • Meeting as the Housing and Redevelopment Authority Present - 5 - Bostrom, Collins, Harris, Megard, Morton Absent - 2 - Blakey, Thune (arrived after the consent agenda) 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 Allstate Insurance Company, Jean Andrews, Susanne Davis, Katherine and Francis Miley, Dat Thanh Nguyen, Charles Pahl, Cynthia Skarnvlis, Tennille Tobolaski, and Naree Weaver. Referred to Employee /Risk Management Division 2. Summons, Motion for Temporary Restraining Order, Order to Show Cause and Temporary file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 2 of 8 Restraining Order, Notice of Motion and Motion for Temporary Injunction, and Complaint in the matter of Richard Tschida vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. Letter from the Real Estate Division recommending approval of reduction in assessed valuation for Ramsey County Abatement 4AC97 -6472 - Phalen Park Shopping Center. Adopted Yeas - 5 Nays - 0 4. Letter from Saint Paul Fire /Division of Code Enforcement declaring 2125 Waukon Avenue as "nuisance property." (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 5. Administrative Orders: D001371 Amending the budget of the Community Development Block Grant Fund by moving funding from Contingency to the Margaret Recreation Center project. D001372 Addition of $5,341.00 to the contract for the Rice & Arlington Sports Dome Support Building. D001373 Addition of $82,695.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. D001374 Addition of $5,866.00 to the contract for elevator addition and interior remodeling at Arlington Hills Branch Library, 1105 Greenbrier Street. D001375 Addition of $13,097.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. D001376 Addition of $23,813.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. D001377 Addition of $46,650.22 to the contract for University I & I C- 95- 2T628- 0784 - 29223. Noted as on file in the City Clerk's Office 6. Executive Orders: E -53 Establishing Loss of Driving Privileges Administrative Procedures. E -54 Amending Executive Order E -49 dated January 5, 1995, which established a drug and alcohol testing policy for employees who operate commercial motor vehicles as required by the Federal Highway Administration. Noted as on file in the City Clerk's Office 7. Resolution - 97 -1342 - Approving the appointments of Judith Benton, Greg Copeland, Robert Englehardt, John Margot, Marilyn Porter, and Jose Verdja, by Mayor Coleman, to the Saint Paul Long -Range Capital Improvement Budget Committee. Adopted Yeas - 5 Nays - 0 8. Resolution - 97 -1343 - Approving the appointments of Lillian Micke and Katherine Hadley, by Mayor Coleman, to the Saint Paul Public Housing Agency Board of Commissioners. Adopted Yeas - 5 Nays - 0 9. Resolution - 97 -1344 - Approving the Memorandum of Agreement between the City of Saint Paul and AFSCME 3757 - Legal. (To be laid over one week for adoption) Laid over to November 19 for adoption 10. Resolution - 97 -1345 - Finalizing City Council action taken October 22, 1997 denying the Taxicab Driver's License renewal application submitted by Daniel R. Breckman. Adopted Yeas - 5 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 3 of 8 11. Resolution - 97 -1346 - Accepting a $2,500.00 donation from the City and Employee Credit Union to the City for the City employee newsletter "Let's Talk." Adopted Yeas - 5 Nays - 0 12. Resolution - 97 -1347 - Approving the rate of pay for two deputy director positions to be established in the Office of License, Inspections and Environmental Protection. Adopted as amended Yeas - 4 Nays - 3 (Blakey, Bostrom, Harris) 13. Resolution - 97 -1348 - Authorizing the proper City officials to request SCORE State Recycling Grant Funds from Ramsey County in the amount of $545,290 for support of the Citywide curbside and multi - family recycling collection program in 1998. Adopted Yeas - 5 Nays - 0 14. Resolution - 97 -1349 - Increasing the spending authority within the Asphalt Plant Internal Service fund based on projected total 1997 revenues and spending. Adopted Yeas - 5 Nays - 0 15. Resolution - 97 -1350 - Amending the spending and financing plans of the 1996 Capital Improvement Budget for Dale Street Reconstruction by transferring funding from MSA Contingency and the Dale Street Acquisition projects. Adopted Yeas - 5 Nays - 0 16. Resolution - 97 -1351 - Authorizing the proper City officials to accept $305,000.00 in State of Minnesota Enterprise Zone Incentive Grant Funds to spur business and employment growth. Adopted Yeas - 5 Nays - 0 17. Resolution - 97 -1352 - Removing BCED Minnesota Inc. and Minnesota Landmarks Inc. from the Cafesjian Carousel Funding Agreement. Adopted Yeas - 5 Nays - 0 18. Resolution - 97 -1353 - Removing BCED Minnesota Inc. and Minnesota Landmarks Inc. from the Cafesjian Carousel Permit and Operations Agreement. Adopted Yeas - 5 Nays - 0 19. Resolution - 97 -1354 - Allowing the City to sell Cafesjian's Carousel to Our Fair Carousel Inc. Laid over to November 19 Yeas - 7 Nays - 0 20. Resolution - 97 -1355 - Setting public hearing date for December 3, 1997, to consider increasing Sewer Service Availability Charge from $950.00 to $1,000.00 beginning January 1, 1998. Adopted Yeas - 5 Nays - 0 21. Resolution - 97 -1356 - Authorizing the purchase of two parcels of vacant land for the Highwood Bluff Acquisition Project. Adopted Yeas - 5 Nays - 0 22. Preliminary Order - 97 -1357 - In the matter of condemning and taking a permanent utility easement for the reconstruction of the Wabasha Street Bridge, and setting date of public hearing for December 3, 1997. (File 418794 -E2) Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 4 of 8 23. Preliminary Order - 97 -1358 - In the matter of Phalen Village Public Improvements in realigned Prosperity Avenue from Johnson Parkway to Rose Avenue, and setting date of public hearing for January 7, 1998. (File 418866) Adopted Yeas - 5 Nays - 0 24. Preliminary Order - 97 -1359 - In the matter of construction and /or repair of sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction with the Phalen Village Public Improvements, and setting date of public hearing for January 7, 1998. (File 418866 -cone) Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 25. Resolution - 97 -1246 - Establishing policy guidelines for a certificate of occupancy requirement for non -owner occupied one- and two -unit rental dwellings. (Laid over from October 22) Laid over to November 19 Yeas - 6 Nays - 0 (Collins not present for vote) 26. Resolution - 97 -1323 - Approving funding of the City's 1997 portion of the costs for the design and construction of a new RiverCentre Arena. (Laid over from November 5) Adopted as amended Yeas - 7 Nays - 0 27. Report by the Administration on a plan to identify current and future job opportunities with the City and how individuals moving off welfare may be identified and trained to fill these position. (Requested on October 8, C.F. 97 -1243) (Laid over from November 5) City Council requested that the Administration create a pilot program plan and report back at the December 10 City Council meeting. ORDINANCES 28. Final Adoption - 97 -1277 - Amending Chapter 27 of the Saint Paul Administrative Code by adding a Section 27.08 reflecting change in the residency ordinance enforcement resulting from arbitration award. (Substitute introduced on October 22) Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 29. Final Adoption - 97 -1286 - An ordinance amending Ordinance No. 13537, adopted January 31 1967, pertaining to truck routes. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 30. Final Adoption - 97 -1247 - Amending the Saint Paul Legislative Code Sections 33.02 and 33.05 to update the building code and to require a certificate of occupancy for one -and two - family rental dwellings which are not occupied by the owner. Amended and laid over to November 19 for final adoption Yeas - 6 Nays - 0 (Collins not present for vote) 31. Second Reading - 97 -1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul Legislative Code to provide for regulation of private construction in the public right -of -way. Laid over to November 26 for third reading /public hearing file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 5 of 8 PUBLIC HEARINGS 32. Public hearing to consider the application of Maui Pacific, Inc. (Ramsey Hill Townhomes, 356 -376 Ramsey Street) for a preliminary and final plat to allow each new townhome currently under construction to be subdivided and sold as separate units and recorded with Ramsey County Records. (Laid over from November 5 for continuation of public hearing) Laid over to December 10 for continuation of public hearing Yeas - 7 Nays - 0 33. Resolution - 97 -1360 - Approving application for an On -Sale malt (strong beer) and a Wine On -Sale License by Ruam Mit Thai Cafe, Inc. 475 St. Peter Street. (ID 489316) Adopted Yeas - 7 Nays - 0 (Blakey was not present for the votes on Items 34 -40) 34. Resolution - 97 -1361 - Approving application for a Dance or Rental Hall License by Windmill Market Attractions Inc. A M, dba Windmill Market, 122 Wabasha Street South. (ID 485297) Adopted Yeas - 6 Nays - 0 35. Resolution - 97 -1362 - Approving application for an Entertainment - Class A License by Debra Johnson, dba Sports Break, 1199 Rice Street. (ID 431934) Adopted Yeas - 6 Nays - 0 36. Resolution - 97 -1363 - Approving application for a State Class B Gambling Premise Permit by Payne- Arcade Business Association at Minnesota Music Club, 499 Payne Avenue. (ID 413- 03785) Adopted Yeas - 6 Nays - 0 37. Resolution - 97 -1364 - Approving application for a Gambling Manager's License by Steven Leafgren, dba Payne- Arcade Business Association at Minnesota Music Club, 499 Payne Avenue. (ID 498324) Adopted Yeas - 6 Nays - 0 38. Resolution - 97 -1365 - Approving application for a Gambling Manager's License by Minnesota Waterfowl Association at Beaver Lounge, 756 Jackson Street and at Ron's Bar, 879 Rice Street. (ID 486890 & 92987) Adopted Yeas - 6 Nays - 0 39. Resolution - 97 -1366 - Approving application for a Parking Lot /Ramp License by J. M. Keefe Co., dba Keefe Company Parking, 137 Robert Street South. (ID 424244) Adopted Yeas - 6 Nays - 0 40. Resolution - 97 -1367 - Approving application for a Second Hand Dealer -Motor Vehicle License by Crosstown Auto, All In One -Used Autos, 1440 Marshall Avenue (ID 454599) Adopted Yeas - 6 Nays - 0 41. Resolution - 97 -1368 - Approving application for a Second Hand Dealer -Motor Vehicle Parts and Automotive Repair Garage License by All In One -Used Parts & Auto Sales, Inc., 1440 Marshall Avenue. (ID 447227) Laid to November 26 Yeas - 6 Nays - 0 (Thune not present for vote) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 6 of 8 42. Resolution - 97 -1369 - Concerning Taxicab Vehicle Licenses held by CIN, Inc. & JNJ, Inc., dba City Wide Cab Co. (Uncontested) Laid over to November 26 Yeas - 7 Nays - 0 43. Resolution - 97 -1370 - Concerning Licenses held by Bilco, Inc., dba Billy's On Grand, 857 Grand Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 44. Resolution - 97 -1371 - Concerning Licenses held by Midway Party Rental, 1607 University Avenue West. (Uncontested) Withdrawn 45. Resolution - 97 -1372 - Concerning Cigarette License held by Blue Marine Market, 1186 Prosperity Avenue. (Uncontested) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 46. Resolution - 97 -1373 - Considering an extension of time to rehabilitate the building located at 421 Blair Avenue. Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote) 47. Resolution - 97 -1374 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1141 University Avenue, 1162 Edgerton Street, 222 Frank Street, 271 Earl Street, and 1865 Wilson Avenue 4305,. Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote) (1141 University Avenue laid over to December 10) 48. Resolution - 97 -394 - Ordering the owner to remove or repair the building at 908 Hague Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from October 22) Laid over to December 10 Yeas - 7 Nays - 0 49. Resolution - 97 -1336 - Ordering the owner to remove or repair the property at 1840 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from November 5) Adopted Yeas - 7 Nays - 0 50. Resolution - 97 -1375 - Ordering the owner to remove or repair the building at 1107 Burns Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation of the building) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 51. Resolution - 97 -1376 - Ordering the owner to remove or repair the building at 1132 Central Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation of the building) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 52. Resolution - 97 -1377 - Ordering the owner to remove or repair the building at 741 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 7 of 8 over to the December 2 Legislative Hearing) Laid over to December 2 Legislative Hearing and December 10 City Council Meeting Yeas - 7 Nays - 0 53. Resolution - 97 -1378 - Ordering the owner to remove or repair the building at 404 Erie Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 54. Resolution - 97 -1379 - Ordering the owner to remove or repair the building at 275 Harrison Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the December 16 Legislative Hearing) Laid over to December 16 Legislative hearing and January 7 City Council meeting) Yeas - 7 Nays - 0 55. Resolution - 97 -1380 - Ordering the owner to remove or repair the building at 96 Robie Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 56. Resolution - 97 -1054 - Authorizing Street Maintenance Charges for 1998 at basically the same level as 1997. (Laid over From August 27) Adopted Yeas - 7 Nays - 0 57. Resolution - 97 -1381 - Authorizing 1998 Sanitary Sewer Charges and Storm Sewer System Charges. Laid over to December 3 Yeas - 7 Nays - 0 58. Resolution - 97 -1281 - Concurring with action taken by the Board of Water Commissioners establishing the water rates for 1998. (Amended October 22 and reconsidered October 29) Adopted Yeas - 7 Nays - 0 59. Resolution - 97 -1382 - To consider the vacation of a portion of Hoyt Avenue East. (File 41997 -13) Adopted Yeas - 7 Nays - 0 60. Public hearing regarding petition alleging public nuisances at 556 -558 Blair Avenue. (Public hearing will be laid over to February 11, 1998) Laid over to February 11 Yeas - 6 Nays - 0 (Bostrom not present for vote) 61. Public hearing to hear comments on whether the requested transfer of the cable television franchise from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may adversely affect Saint Paul cable subscribers. Those wishing to submit written comments on this matter may send them to Holly Hanson, Cable Officer, City of Saint Paul, 68 City Hall, 15 West Kellogg Boulevard, Saint Paul, MN 55102. (Public hearing continued from September 24) Laid over to December 3 for continuation of public hearing Yeas - 7 Nays - 0 62. Resolution - 97 -1383 - Authorizing the modification of the Tax Increment Financing Plan for the Seventh Place Tax Increment Financing District and Creation of the Block 4 Redevelopment Tax Increment Financing District and approving the Tax Increment Financing Plan related thereto. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 63. Resolution - 97 -1384 - Making necessary findings in connection with modifying the Prom /3M Redevelopment Project Area. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010 Page 8 of 8 Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) MISCELLANEOUS 64. Recognition of Retiring City Employee. Darlene Hagen, Department of Public Works, was recognized. Suspension Items Resolution - 97 -1291 - Ordering the owner to remove or repair the building at 800 Como Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to repair the building provided the vacant building fee is paid, a $2,000 bond is posted, and a code compliance inspection is obtained by noon, October 22) (Reconsidered and laid over from October 29) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 Resolution - 97 -1385 - Accepting a Local Law Enforcement Block Grant in the amount of $644,215.00. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) Resolution - 97 -1386 - Approving application for a Restaurant (B), On -Sale Malt and Wine On -Sale License by Carbone's A Family Corporation, dba The Napoli Cafe, 1406 White Bear Avenue. (ID 488452) Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) Resolution - 97 -1387 - Approving the canvass and making the results official for the Saint Paul General Election held November 4, 1997. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) Adjournment Upon adjournment, the Council reconvened as the Housing and Redevelopment Authority - Minutes fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115816\Minutes 11... 12/15/2010