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Minutes 12-10-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 10, 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 • For Discussion • Ordinances • Public Hearings • Suspension Items • Meeting as the Housing and Redevelopment Authority Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, 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 September 24, 1997. Adopted Yeas - 7 Yeas - 0 2. Claims of Peter Bloedoorn, Judy Martinez, Bruce Roberts, Richard Schletty and Paul Street. Referred to the Employee /Risk Management Division file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 2 of 8 3. Petition in Condemnation and Motion for Transfer of Title and Possession, Notice of Hearing, Proposed Order Authorizing Payment or Deposit and Transferring of Title, and Proposed Order Granting Petition and Appointing Commissioners in the matter of the Port Authority of the City of Saint Paul vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Letter from Saint Paul Fire /Division of Code Enforcement declaring 815 University Avenue as "nuisance property." (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 5. Administrative Orders: D001388 Extending the contract completion date from October 4, 1996 to July 2, 1997 for the Hatch - Park RSVP Project. D001389 Amending the 1996 budget in the Department of Fire and Safety Services to allow for payment of a temporary clerk in the Fire Prevention Division. Noted as on file in the City Clerk's Office 6. Resolution - 97 -1467 - Approving the appointment of Peter Hames as the Director of Technology and Management Services. Adopted Yeas - 7 Nays - 0 7. Resolution - 97 -1468 - Approving the appointment of Joseph A. Zappa as Marketing and Promotions Director effective December 1, 1997. Adopted Yeas - 7 Nays - 0 8. Resolution - 97 -1469 - Amending the 1997 Police Department Snow Emergency Impound Lot plan providing for additional staff, utilities, building rental and computer capacity. Adopted Yeas - 7 Nays - 0 9. Resolution - 97 -1470 - Approving an agreement between the State of Minnesota Department of Transportation ( MNDOT), Concordia University and the City whereby MNDOT will pay the City $5,372.28 to purchase landscape materials for the south side of I -94 from Hamline Avenue North west to the railroad. Adopted Yeas - 7 Nays - 0 10. Resolution - 97 -1471 - Approving a grant for Park Square Theatre Marquee which was recommended by the Cultural STAR Board during Cycle 2, (1996). Adopted Yeas - 7 Nays - 0 11. Resolution - 97 -1472 - Approving an agreement with the City of Lauderdale regarding water system ownership by the Board of Water Commissioners. Adopted Yeas - 7 Nays - 0 12. Resolution - 97 -1473 - Finalizing City Council action taken September 24, 1997 granting the appeal of St. Anthony Park Community Council to a decision of the Planning Commission granting variances to Midwest Outdoor Advertising and Universal Outdoor, Inc. to locate outdoor advertising signs at the northeast corner of I -94 and Vandalia Street and at 2100 Gilbert Avenue respectively. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 3 of 8 13. Resolution - 97 -1474 - Authorizing a grant agreement with the State of Minnesota Department of Natural Resources: Eagle Street Parkway Trail. Adopted Yeas - 7 Nays - 0 14. Resolution - 97 -1475 - Authorizing the Department of Fire and Safety Services to enter into an agreement with the Plymouth Fire Department. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -1476 - Enacting Minnesota Laws 1997, Chapter 231, Article 1, Section 11 that will enable the City to request the assessor to classify to a higher tax grade (4bb to 4b) residential property that fails to comply with our codes. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -1477 - Approving the conveyance, by quit claim deed, of a parcel of vacated land that accrued to the City as fee owner of adjoining Pierce Butler Route. Adopted Yeas - 7 Nays - 0 17. Resolution Approving Assessment - 97 -1478 - 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 22, 1997. (File 418794E2) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 18. 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 November 12) Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -1111 - Approving the hiring of personnel to plan, coordinate and evaluate gun violence programs in the City of Saint Paul. (Laid over from November 19) Substitute introduced and adopted Yeas - 7 Nays - 0 20. Resolution - 97 -1463 - Recognizing the formation of the Historic Saint Paul Foundation and expressing the City Council's intent to provide two years of interim operating support through the 1998 budget. (Laid over from November 26) Adopted as amended Yeas - 7 Nays - 0 21. Resolution - 97 -1442 - Adopting metal shredder policy as an amendment to the City's Comprehensive Plan. (Companion to C.F. 97 -1406, Item 426) (Laid over from December 3) Adopted Yeas - 7 Nays - 0 22. Resolution - 97 -1479 - Establishing "two hour parking 8AM -6PM Monday thru Friday, except by permit, Area 14" on both sides of Sherburne Avenue from Griggs Street to Syndicate Street; Hamline Avenue to Albert Street and on Albert Street between Sherburne Avenue and Charles Avenue. Adopted Yeas - 7 Nays - 0 (Considered as a public hearing) 23. Resolution - 97 -1480 - Approving the Property Tax Study Project's legislative initiatives and fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 4 of 8 requesting that the City Council be included as a part of the City's legislative agenda. Adopted Yeas - 7 Nays - 0 24. Report by the Administration on the creation of a pilot program 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 positions. (Requested at the November 12 City Council meeting) A written report was submitted. Council requested an update from Administration on February 25, 1998. ORDINANCES 25. Final Adoption - 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. (Amended on November 26) (Laid over from December 3) Substitute introduced and laid over to December 17 for final adoption Yeas - 7 Nays - 0 26. Final Adoption - 97 -1406 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to metal shredder plan and zoning code amendments. (Companion to C.F. 97 -1442, Item 421) Adopted Yeas - 7 Nays - 0 27. Final Adoption - 97 -1407 - An ordinance amending the Saint Paul Legislative Code Section 33.03 which changes the effective date from the time a compliance inspection is performed to the date the deposit is received for work done on nuisance, dangerous and vacant buildings. Adopted Yeas - 6 Nays - 0 (Collins not present) 28. Second Reading - 97 -1445 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to allow administrative payment of fines for certain first offenses. Laid over to December 22 for third reading /public hearing 29. Second Reading - 97 -1446 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to permit issuance of uncontested Class III licenses without a Council hearing. Laid over to December 22 for third reading /public hearing 30. Second Reading - 97 -1447 - An ordinance amending the Saint Paul Legislative Code §66.214(a) pertaining to advertising signs located in B -2, B -3, B -5 (as described therein), I -1, I -2, and I -3 zoning districts. Laid over to December 17 for third reading /public hearing 31. First Reading - 97 -1481 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code pertaining to lawful gambling; raising the appropriate tax to two and one -half percent and repealing the requirement to file financial reports with LISP. Laid over to December 17 for second reading 32. First Reading - 97 -1482 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code to add additional taxicab vehicle licenses in the City. Laid over to December 17 for second reading PUBLIC HEARINGS file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 5 of 8 33. Third Reading - 97 -1418 - An ordinance amending Sections 86.02 and 86.03 of the Saint Paul Administrative Code setting for the required signatures for contracts and other real estate documents for the Board of Water Commissioners of the City of Saint Paul. (Substitute introduced December 3) Laid over to December 22 for final adoption 34. Third Reading - 97 -1419 - An ordinance amending Chapters 87, 88, 89, 90, 91 and 93 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board of Water Commissioners of the City of Saint Paul. (Substitute introduced December 3) Laid over to December 22 for final adoption 35. Third Reading - 97 -1420 - An ordinance amending Chapter 24 of the Saint Paul Administrative Code to prohibit certain campaign contributions. Substitute introduced, amended and laid over to December 17 for final adoption Yeas - 7 Nays - 0 36. Third Reading - 97 -1421 - An ordinance to provide for enforcement of health and safety codes in non -owner occupied one and two family dwellings. Substitute introduced and laid over to December 22 for final adoption 37. Third Reading - 97 -1422 - An ordinance repealing Saint Paul Legislative Code Chapter 220 pertaining to dumping on private property. Laid over to December 22 for final adoption 38. Third Reading - 97 -1423 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to Building Code and Inspection. Laid over to December 22 for final adoption 39. Resolution - 97 -1483 - Approving application for a Gambling Manager's License by Richard Matson, dba St. Paul Festival and Heritage Foundation, at Mr. Patoms, 995 7th Street West and Turf Club, 1601 University Avenue West. (ID 424523, 60341) Adopted Yeas - 7 Nays - 0 40. Resolution - 97 -1484 - Approving application for a Class C Gambling Location License by Lendway's Bar Inc., dba Lendway's Lounge, (David Theisen), 609 University Avenue West. (ID 411576) Adopted Yeas - 7 Nays - 0 41. Resolution - 97 -1485 - Approving application for a State Class B Gambling Premise Permit by Church of St. Bernard at Lendway's Bar, 609 University Avenue West. (ID 41300963) Adopted Yeas - 7 Nays - 0 42. Resolution - 97 -1486 - Approving application for a Gambling Manager's License by Mary VanCura, dba Church of St. Bernard, at Lendway's Bar, 609 University Avenue West. (ID 491278) Adopted Yeas - 7 Nays - 0 43. Resolution - 97 -1487 - Approving application for a State Class B Gambling Premise Permit by Thomas Mickus on behalf of Como Area Youth Hockey at Jeraldine's Bar, 605 Front Street. (ID 413- 00116) Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 6 of 8 44. Resolution - 97 -1488 - Approving application for a Gambling Manager's License by Michael Plasch, dba Como Area Youth Hockey, at Jeraldine's Bar, 605 Front Street. (ID 445081) Adopted Yeas - 7 Nays - 0 45. Resolution - 97 -1340 - Vacating the North -South and East -West alleys in Block 1, Bernheimer's Addition to eliminate through traffic. (Laid over from November 26) Adopted Yeas - 7 Nays - 0 46. Resolution - 97 -1453 - Vacating a portion of Pleasant Avenue. (Laid over from December 3) Adopted Yeas - 7 Nays - 0 47. Resolution - 97 -1489 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1141 University Avenue. (Laid over from November 12) Adopted as amended Yeas - 7 Nays - 0 48. Resolution - 97 -1490 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 383 Curtice Street East. Laid over to December 30 Yeas - 7 Nays - 0 49. Resolution - 97 -1126 - Ordering the owner to remove or repair the building at 1331 Bush Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 10) Adopted Yeas - 7 Nays - 0 (Harris was not present for the votes on Items 450 -65) 50. 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 allowing the owner six months to remove or repair the building provided the $200 vacant building fee is paid and a $2,000 bond is posted by noon, December 10) (Laid over from November 12) Adopted as amended Yeas - 6 Nays - 0 51. Resolution - 97 -1432 - Ordering the owner to remove or repair the building at 1035 Magnolia Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to remove or repair the building provided a $2,000 bond is posted by noon, November 26) (Laid over from November 26) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 52. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue. (Legislative Hearing Officer recommends denial) (Laid over from November 26) Laid over to February 11, 1998 Yeas - 6 Nays - 0 53. Resolution - 97 -1491 - Ordering the owner to remove or repair the building at 9 Acker Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the February 3, 1998 Legislative Hearing) Laid over to February 3, 1998 Legislative Hearing and February 11, 1998 City Council meeting Yeas - 6 Nays - 0 54. Resolution - 97 -1492 - Ordering the owner to remove or repair the building at 659 Blair Avenue fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 7 of 8 within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 55. Resolution - 97 -1493 - Ordering the owner to remove or repair the building at 137 Case Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to remove or repair the building) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 56. Resolution - 97 -1494 - Ordering the owner to remove or repair the building at 237 Page Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the January 20, 1998 Legislative Hearing) Laid over to January 20, 1998 Legislative Hearing and January 28 City Council meeting Yeas - 6 Nays - 0 57. Final Order - 97 -1458 - In the matter of street paving and new lighting in connection with the Doswell /Chelmsford Area Street Paving and Lighting Project. (File 418853) (Laid over from December 3) Adopted Yeas - 5 Nays - 0 Abstention -1 (Megard) (Project Summary was amended) 58. Final Order - 97 -1459 - 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 Doswell /Chelmsford Residential Street Paving and Lighting Project. (File 418853 -Conn) (Laid over from December 3) Adopted Yeas - 5 Nays - 0 Abstention -1 (Megard) 59. Final Order - 97 -1495 - In the matter of construction of concrete curb and gutter, new bituminous roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a lantern style lighting system in conjunction with the Margaret/Arcade Area Street Paving and Lighting Project generally bounded by Reaney, Earl, Hudson Road and Swede Hollow. (File 418855) Laid over to January 14, 1998 Yeas - 5 Nays - 0 (Megard not present) 60. Final Order - 97 -1496 - 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 Margaret /Arcade Area Street Paving and Lighting Project. (File 418855 -Conn) Laid over to January 14 Yeas - 5 Nays - 0 (Megard not present) 61. Final Order - 97 -1497 - In the matter of construction of concrete curb and gutter, new bituminous roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a lantern style lighting system in conjunction with the Railroad Island Area Street Paving and Lighting Project. (File 418856) Adopted Yeas - 5 Nays - 0 (Megard not present) 62. Final Order - 97 -1498 - 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 Railroad Island Area Street Paving and Lighting Project. (File 418856 -Conn) Adopted Yeas - 5 Nays - 0 (Megard not present) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010 Page 8 of 8 63. 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 12 for continuation of public hearing) Laid over to December 22 for continuation of public hearing Yeas - 6 Nays - 0 64. Public hearing to consider the appeal of Tricia Leonard, and Greg and Carol Clark, Jr. to a decision of the Heritage Preservation Commission granting approval of a building permit to construct a two -story carriage house with one dwelling unit and four garage stalls, proposed by Ronald Severson, at 420 Portland Avenue. (Public hearing to be rescheduled to January 28, 1998) Public hearing rescheduled to January 28, 1998 Yeas - 6 Nays - 0 65. Public hearing to consider the appeal of Mary Lou Law to a decision of the Planning Commission denying a non - conforming use permit to establish that a duplex is a legal non - conforming use of property at 1354 Birmingham Avenue. Motion of Intent - Appeal Denied Yeas - 6 Nays - 0 Suspension Items Resolution - 97 -1499 - Approving the appointment of Thomas Fabel as Acting Mayor effective January 2, 1998. Adopted Yeas - 6 Nays - 1 (Blakey) Resolution - 97 -1500 - Accepting recognition gifts from the St. Paul Companies and thanking the employees of St. Paul Companies and the City of Saint Paul for donating their time and labor in helping to build the Habitat for Humanity House at 667 E. Cook. Adopted Yeas - 6 Nays - 0 (Harris not present) Adjournment Upon adjournment, the Council reconvened as the Housing and Redevelopment Authority - Minutes fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_115914\Minutes 12... 12/15/2010