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Minutes 12-22-1997Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Monday, December 22, 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 Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Miscellaneous • Addendum o For Discussion o Ordinances • Suspension Items • Meeting as the Housing and Redevelopment Authority 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 Robert Bernier, Amanda Dauda, Karen Koch & Louis Miranda, Ann Long, Joseph Lussier, and J. James Walsh and Rose M. Walsh. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 2 of 7 Referred to Employee /Risk Management Division 2. Letter from Mayor Coleman announcing his veto of Proposed Certificate of Occupancy Ordinance and Resolution, Councils Files 97 -1246 and 97 -1247, adopted November 19, 1997. 3. Letters from St. Paul Fire /Division of Code Enforcement declaring 1010 Seventh Street West and 130 -132 Winifred Street West /489 Bidwell Street as "nuisance properties" and setting date of Legislative Hearings for January 7,1998 and City Council Hearings for January 14, 1998. 4. Letters from St. Paul Fire /Division of Code Enforcement declaring 26 Acker Street West, 977 Burr Street, 46 George Street West, 1416 Hazel Street North, 521 Michigan Street and 1107 Suburban Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Summons and Complaint in the matter of Phalla Chhou vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 6. Letter from the Saint Paul Port Authority regarding modifications to Energy Park Utility Company Franchise Ordinance. Referred to the City Attorney's Office 7. Administrative Orders: D001399 Amending the 1997 budget in the Financial Services Office by implementing the department general fund budget charges per machine under the PC Replacement Program. D001400 Authorizing continuation for one year of Lease Agreement PD /19 with the Minnesota Department of Administration to provide the Police Department 120 parking spaces. Noted as on file in the City Clerk's Office 8. Resolution - 97 -1537 - Approving and authorizing the issuance of a loan to Energy Park Studios, LLC through the STAR Loan Program, Como District 10. Adopted Yeas - 7 Nays - 0 9. Resolution - 97 -1538 - Authorizing carry forward of unused private activity bond volume cap. (Companion to C.F. 97 -1562, Item 447) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 10. Resolution - 97 -1539 - Implementing the Local Law Enforcement Block Grant from the Bureau of Justice Administration. Adopted Yeas - 7 Nays - 0 11. Resolution - 97 -1540 - Accepting a grant award in the amount of $75,000 from the Department of Public Safety to the Police Department for a Weed and Seed Program in the Summit University neighborhood. Adopted Yeas - 7 Nays - 0 12. Resolution - 97 -1541 - Providing sufficient funding for salaries and fringe benefits for the Community Policing Juvenile Grant and the School Liaison Grant. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 3 of 7 13. Resolution - 97 -1542 - Amending the spending and financing plans of the Capital Improvement Budget for street lighting on Burr, Minnehaha, Selby and Cretin by combining all four under one activity. Laid over to December 30 Yeas - 7 Nays - 0 14. Resolution - 97 -1543 - Increasing spending authority in the Right -Of -Way activity of the Street Repair and Cleaning Special Revenue Fund providing for implementation of the Saint Paul Right -Of- Way ordinances. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -1544 - Accepting the offer of the Minnesota Public Facilities Authority to purchase a $3,100,000 General Obligation Sewer Revenue Note of 1997, providing for its issuance and authorizing execution of a project loan agreement. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -1545 - Accepting a $620,000 grant from the State of Minnesota Youth Works program and the Federal Americorps program for the Future Force program. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -1546 - Authorizing City officials to apply for grants available through the Minnesota Amateur Sports Commission. Substitute introduced and adopted Yeas - 7 Nays - 0 18. Resolution - 97 -1547 - Accepting $257,899 of federal reimbursement funds from the Federal Emergency Management Agency related to the 1997 flooding of the Mississippi River. Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -1548 - Accepting $18,029 of federal reimbursement funds from the Federal Emergency Management Agency related to the 1997 flooding of the Mississippi River. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -1549 - Transferring $167,000 from available funds in the general fund to cover expected shortages in the budget for utilities. Adopted Yeas - 7 Nays - 0 21. Resolution - 97 -1550 - Approving 1997 budget resolution for the contract with Jenneret regarding settlement of the firefighter lawsuit. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 22. Resolution - 97 -1551 - Concerning the Civic Center Connection. Adopted Yeas - 4 Nays - 3 (Blakey, Harris, Megard) 23. Resolution - 97 -1552 - Finding Continental Cablevision's Corrective Plan to be adequate to bring the institutional network into compliance with the applicable standards. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 4 of 7 ORDINANCES 24. Final Adoption - 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) Adopted Yeas - 7 Nays - 0 25. Final Adoption - 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) Adopted Yeas - 7 Nays - 0 26. Final Adoption - 97 -1421 - An ordinance to provide for enforcement of health and safety codes in non -owner occupied one and two family dwellings. Adopted Yeas - 4 Nays - 3 (Bostrom, Collins, Megard) 27. Final Adoption - 97 -1422 - An ordinance repealing Saint Paul Legislative Code Chapter 220 pertaining to dumping on private property. Adopted Yeas - 7 Nays - 0 28. Final Adoption - 97 -1423 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to Building Code and Inspection. Adopted Yeas - 7 Nays - 0 29. Final Adoption - 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. Public hearing laid over at the December 17 City Council meeting to no specific date 30. Second Reading - 97 -1535 - An ordinance amending Saint Paul Legislative Code §147.01 provided in Ordinance No. 13535 adopted January 31, 1967 pertaining to the designation of that portion of Jessamine Avenue bounded by Lexington Parkway and Beulah Lane as a one -way street. Laid over to January 7 for third reading /public hearing 31. Second Reading - 97 -1536 - An ordinance finalizing City Council action approving the petition of the Salvation Army /HRA to rezone property at 619 -623 Lawson Avenue East from RT -1 to P -1. (Public hearing held October 8, 1997) Laid over to December 30 for third reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 32. Third 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 30 for final adoption 33. Third Reading - 97 -1446 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 5 of 7 to permit issuance of uncontested Class III licenses without a Council hearing. Laid over to December 30 for final adoption 34. Third 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 30 for final adoption 35. Third Reading - 97 -1482 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code to add additional taxicab vehicle licenses in the City. Withdrawn at the December 17 City Council meeting 36. Resolution - 97 -1553 - Approving application for an Automotive Repair Garage License by Mau Dong, dba Mau's Auto Repair, 880 Selby Avenue. (ID 460484) Substitute introduced and adopted Yeas - 6 Nays - 0 (Thune not present for vote) (Harris and Thune were not present for the votes on Items 37 through 45) 37. Resolution - 97 -1554 - Approving application for an Auto Repair Garage License by Centerline Frame Inc. (David Bergum), 100 Cottage Avenue West. (ID 454805) Laid over to February 4 Yeas - 5 Nays - 0 38. Resolution - 97 -1555 - Approving application for an Auto Body Repair Garage License by Dale Import's Inc. (Thomas A. Gavic), 100 Cottage Avenue West. (ID 433885) Laid over to February 4 Yeas - 5 Nays - 0 39. Resolution - 97 -1556 - Approving application for a State Class B Gambling Premise Permit by Scott Schlaffman on behalf of Aliveness Project, Inc. at Trikkx, 490 North Robert Street. (ID 413004988) Adopted Yeas - 5 Nays - 0 40. Resolution - 97 -1557 - Approving application for a Gambling Manager's License by Eric A. Sollien, dba Aliveness Project, Inc., at Trikkx, 490 North Robert Street. (ID 419970000188) Adopted Yeas - 5 Nays - 0 41. Resolution - 97 -1558 - Approving application for a Game Room License by Binh Nguyen, dba True Mi Billiards, 2422 University Avenue West. (ID 414740) Laid over to January 14 Yeas - 5 Nays - 0 42. Resolution - 97 -1559 - Approving application for Restaurant (B), Entertainment - Class A, Sunday On -Sale Liquor, Liquor -On- Sale -C, Gambling Location (Class C), and Cigarette Licenses by JRK, Inc., dba Joe and Stan's (Kevin J. Kelly), 949 7th Street West. (ID 433570) Adopted Yeas - 5 Nays - 0 43. Resolution - 97 -1176 - Ordering the owner to remove or repair property at 1050 Iglehart Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 24) Adopted Yeas - 5 Nays - 0 44. Appeal of Donald A. McCollough to a summary abatement order for property at the southwest corner of Londin Place and Londin Lane. (Legislative Hearing Officer recommends denying the appeal and allowing the owner until May 1, 1998 to remove the boat from the property) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 6 of 7 Appeal denied Yeas - 5 Nays - 0 45. Resolution - 97 -1560 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1337 Arkwright Street, 860 Vandalia Street, 1011 Cook Avenue, 1005 Sherburne Avenue, and 521 Bay Street. Adopted Yeas - 5 Nays - 0 (Harris was not present for the votes on 46 through 49) 46. Resolution - 97 -1561 - Vacating part of the alley in Block 18, Oak Ville Park near Geranium and Arcade Streets. (File 46 -1997) Adopted Yeas - 6 Nays - 0 47. Resolution - 97 -1562 - Reciting a proposal for a financing program for a multi - family rental housing development, giving preliminary approval to the project and the program, authorizing the Housing and Redevelopment Authority to issue Housing Revenue Bonds and authorizing the preparation of necessary documents and materials in connection with said project and program. (Companion to C.F. 97 -1538, Item 49) Adopted Yeas - 6 Nays - 0 48. Resolution Ratifying Assessment - 97 -1563 - In the matter of condemnation and taking of temporary easements necessary for the Edgerton Street Bridge Construction Project (near Edgerton and Whitall Streets). (File 418832 -A) Adopted Yeas - 6 Nays - 0 49. Resolution Ratifying Assessment - 97 -1564 - In the matter of condemning and taking a permanent utility easement for the reconstruction of the Wabasha Street Bridge. (File 418794 E2) Adopted Yeas - 6 Nays - 0 50. Resolution Ratifying Assessment - 97 -1565 - In the matter of installation of Fire Protection System at 340 Cedar Street. (File FP -9701) Adopted Yeas - 7 Nays - 0 51. Resolution Ratifying Assessment - 97 -1566 - In the matter of installation of Fire Protection System at 2505 West University Avenue. (File 4FP -9702) Adopted Yeas - 7 Nays - 0 52. 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 December 10 for continuation of public hearing) Motion of Intent - Application Granted Yeas - 7 Nays - 0 53. Public hearing to consider the appeal of Pat Byrne to a decision of the Planning Commission approving a special condition use permit to allow cluster development with ten dwelling units (applicant: Mendota Homes) at XXX Lexington Parkway South (southwest quadrant of Lexington and St. Clair Avenues). Laid over to January 14 for continuation of public hearing Yeas - 7 Nays - 0 MISCELLANEOUS fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010 Page 7 of 7 54. Recognition of Retiring City Employee. Fredrick Bruns, Department of Public Works, was recognized. 55. Presentation of Recognition Awards to outgoing City Councilmembers and Legislative Aides. The following Councilmembers, Legislative Aides and secretaries were recognized: Councilmember Joe Collins, Linda Jungwirth, Mark Voerding and Pattie Kelley Councilmember Roberta Megard, Ann Cieslak and Ella Thayer Councilmember Gladys Morton, Bob Connor and Vicki Skupas Council President Dave Thune, Chuck Repke and Barb Benson ADDENDUM FOR DISCUSSION 24a. Resolution - 97 -1523 - Approving and authorizing execution of an arena lease, hockey playing agreement and disbursing agreement in connection with the arena project. (Laid over from December 17) Adopted as amended Yeas - 6 Nays - 1 (Blakey) (PED staff was requested to present a design plan to the City Council on February 4) 25a. Resolution - 97 -1567 - Approving the January 1, 1997 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Police Federation. (Laid over from December 17) Adopted Yeas - 7 Nays - 0 ORDINANCES 32a. Second Reading - 97 -1568 - An interim ordinance preserving the status quo with respect to advertising signs in the City of Saint Paul pending the completion of studies of possible amendments to the City's comprehensive plan and zoning regulations relating to advertising signs. (Introduced under Suspension on December 17) Laid over to January 14 for third reading /public hearing Suspension Items Resolution - 97 -1572 - Accepting a $200,000.00 donation from the West Group for the Science Museum Proj ect. Adopted Yeas - 7 Nays - 0 Resolution - 97 -1573 - Requesting a forty acre study for portions of Planning District 6. Adopted Yeas - 7 Nays - 0 Upon adjournement, the Council reconvened as the Housing and Redevelopment Authority file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120002\Minutes 12... 12/15/2010