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Minutes 2-5-1997Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 5, 1997 - 3:30 PNI 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 Hearing • Suspension Items Present - 7 - Blakey, Bostrom, Harris, Mauer, 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 December 26, 1996 and January 2, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Anne Aanenson, Demetrius Evans, David Gray, Darin Gutzmer, Ryan Gutzmer, Dale Hamann, Mathew Hess, Mike Miller, Richard Nelson, Tony Peterfeso, John Steinmaus, Kathleen fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 2 of 7 Tschida, Martha Walker, and James White. Referred to Risk /Employee Benefit Management Division 3. Summons, Complaint, and Amended Complaint in the matter of Lenny Anderson v. the City of Saint Paul, et. al. Referred to the City Attorney's Office 4. Order to Show Cause in relation to Certificate of Title No. 373360 issued for land in the County of Ramsey and State of Minnesota. Referred to the City Attorney's Office 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 26, 1997, to consider the application of Daniel and Linda Burns to rezone property from RM -2 (multiple family residential) to B -3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue (south side between Chatsworth and Oxford). 6. Letters from Saint Paul Public Health declaring 421 Blair Avenue, 903 Fourth Street East, and 908 Hague Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 7. Communication from Saint Paul Animal Control dated January 27, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 8. Administrative Orders: . D001120 Authorizing payment of $1,700.00 to various vendors for police academy graduation expenses on January 9, 1997. . D001121 Addition of $3,741.24 to the contract for Skyway System Painting (1966) at various downtown locations. . D001122 Addition of $250.00 to the contract for shingle roof replacement at the LIEP Central Service Facility, 1100 North Hamline Avenue. . D001123 Addition of $7,948.90 to the contract for ramp repairs and waterproofing at Block 7A Parking Ramp, 13 West Exchange Street. . D001124 Extending the contract completion date from September 30, 1995 to November 30, 1995 for 1995 alley grading and paving. . D001125 Addition of $17,506.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp Alternate A. Noted as on file in the City Clerk's Office 9. Resolution - 97 -64 - Approving the appointments of Dr. Mary Thornton Phillips and Amy Stedman, by Mayor Coleman, to the Saint Paul Workforce Development Council. (Laid over from January 29 for adoption) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 3 of 7 10. Resolution - 97 -65 - Approving the appointment of Cathy Nordin and the reappointments of Carole Fancy, Litton Field, Jr., Anne Geisser, Frank Gurney, Richard Kramer, and Dick Nowlin, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from January 29 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 97 -66 - Approving the appointments of Therese Cermak, Thomas Guelcher, Gar Hargens, and Judith Trent and the reappointments of Steven Buetow and Richard Murphy, Sr., by Mayor Coleman, to the Heritage Preservation Commission. (Laid over from January 29 for adoption) Adopted Yeas - 7 Nays - 0 12. Resolution - 97 -79 - Approving the appointment of Tim Marx as Acting Mayor. Adopted Yeas - 7 Nays - 0 13. Resolution - 97 -80 - Formalizing the City Council's position on the best location for the Department of Revenue. Adopted Yeas - 7 Nays - 0 14. Resolution - 97 -81 - Requesting Administration to assess actual costs for vehicle impound abatements from private property. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -82 - Amending the 1992 Capital Improvement Program by transferring spending and financing from the 1996 MnDOT and County Aid Participation Projects and adding County Aid Trunk Highway Turnback funding to the University- Midway Market Place Signal Project. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -83 - Approving Minnesota Department of Transportation agreement to authorize and stipulate the costs and terms of MnDOT cost participation on a signal light constructed on the 35E ramps at the Grand /Thompson intersection. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -84 - Authorizing the proper City officials to execute a contract with the University of Minnesota for the services of Dr. Leon Satran to the Saint Paul Public Health Refugee Health Program. Adopted Yeas - 7 Nays - 0 18. Resolution - 97 -85 - Authorizing the Saint Paul Police Department to solicit funds to implement the "Saint Paul Police Gun Stoppers" program. Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -86 - Approving payment of $5,000 to Paul Smith and attorney Hersch Izek in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -87- Approving payment of $22,500 to Kevin Casper in full settlement of his claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 21. Resolution - 97 -88 - Requesting an extension of time to complete work on a building being repaired at 1173 Sherburne Avenue. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 4 of 7 Adopted Yeas - 7 Nays - 0 22. Preliminary Order - 97 -89 - In the matter of reconstruction of sidewalks on both sides of Webster Street from Grace Street to Jefferson Avenue; both sides of Livingston Avenue from East Sidney Street to East Belvidere Street; both sides of Winslow Avenue from West Elizabeth Street to West Baker Street; the north side of West George Street from Hall Avenue to Stryker Avenue and the east side of Stryker Avenue from West George Street to West Robie Street; and both sides of Richmond Street from Banfil Street to Goodhue Street and the east side of Richmond Street from Banfil Street to Goodrich Avenue, and setting date of public hearing for April 2, 1997. (File 4S97003- S97007) Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment - 97 -90 - In the matter of the assessment of benefits, costs and expenses for summary abatements (property clean -up, snow removal, or sanding walks) from August 1996 to January 1997; boardings -up of vacant buildings for July 1996; boardings -up of vacant buildings for August 1996; and summary abatements (property clean -up) from mid -June to mid - September 1996; and setting date of public hearing for April 9, 1997. (File 4 J9704A, J9701B, J970213, J9701TDBC) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 24. Resolution - 97 -2 - Accepting and adopting the "Business Plan: Implementation of a Comprehensive Housing Strategy" developed by the Department of Planning and Economic Development. (Laid over from January 29) Laid over to February 12 Yeas - 7 Nays - 0 25. Administrative issues associated with the City and Housing and Redevelopment Authority's (HRA) Living Wage Jobs Policy. (Presentation by Pam Wheelock or a PED designated representative) ORDINANCES 26. Final Adoption - 97 -11 - An ordinance finalizing City Council action approving the petition of John Rodrigue to rezone property at 484 and 486 Larpenteur Avenue from OS -1 to R -3. (Public hearing held November 27, 1996) Adopted Yeas - 7 Nays - 0 27. First Reading - 97 -91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to improve the definition of owner. Laid over to February 12 for second reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 28. Third Reading - 97 -53 - An ordinance amending the Saint Paul Administrative Code and the Saint Paul Legislative Code reorganizing the budget and finance functions; amending Administrative Code Chapters 2, 5, 21, 34, 57, 64 and 86, amending Legislative Code Chapters 6, 7, 34, 77, 430, and Appendix H, and repealing Legislative Code Chapter 430.021 and 430.022. Laid over to February 12 for final adoption 29. Resolution - 97 -92 - Approving application for a Gambling Manager's License by James B. Elmquist, dba Region Two Golden Gloves Association, at Casey's, 2550 West 7th Street. (ID 480525) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 5 of 7 Adopted Yeas - 7 Nays - 0 30. Resolution - 97 -93 - Approving application for a Second Hand Dealer -Motor Vehicle License by Axtman Auto Sales, Inc., 336 Larpenteur Avenue West. (ID 411975) Adopted Yeas - 7 Nays - 0 31. Resolution - 97 -94 - Concerning adverse action against licenses held by American & Asian Grocery, 33 George Street East. (Uncontested) Adopted Yeas - 7 Nays - 0 32. Resolution - 97 -95 - Concerning adverse action against licenses held by Monkey Boys, Inc., dba Dixie's Bar & Smokehouse Grill, 695 Grand Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 33. Resolution - 97 -96 - Concerning adverse action against licenses held by Thomas & Mary Silva, dba El Burrito Market & Bakery, 175 Concord Street. (Uncontested) Adopted Yeas - 7 Nays - 0 34. Resolution - 97 -97 - Concerning adverse action against licenses held by Meg -Ali, Inc., dba Gabe's by the Park, 991 Lexington Parkway North. (Uncontested) Adopted Yeas - 7 Nays - 0 35. Resolution - 97 -98 - Concerning adverse action against licenses held by Grand Tavern, Inc., 656 Grand Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 36. Resolution - 97 -99 - Concerning adverse action against licenses held by Joseph G. Bienat, Jr., dba J & L Tobacco, 425 Robert Street North. (Uncontested) Adopted Yeas - 7 Nays - 0 37. Resolution - 97 -100 - Concerning adverse action against licenses held by Utecht Foods, Inc., dba Jubilee Foods, 2481 7th Street West. (Uncontested) Laid over to February 26 Yeas - 7 Nays - 0 38. Resolution - 97 -101 - Concerning adverse action against licenses held by Sophy Lim, dba Jubilee - St. Marie's, 101 5th Street East, 4221. (Uncontested) Adopted Yeas - 7 Nays - 0 39. Resolution - 97 -102 - Concerning adverse action against licenses held by Just Truffles, Inc., 350 Market Street. (Uncontested) Adopted Yeas - 7 Nays - 0 40. Resolution - 97 -103 - Concerning adverse action against licenses held by Moiz Akhtar, dba Korner Store, 53 Cleveland Avenue South. (Uncontested) Adopted Yeas - 7 Nays - 0 41. Resolution - 97 -104 - Concerning adverse action against licenses held by Pearson, Inc., dba Marshall & Cretin Standard, 2178 Marshall Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 42. Resolution - 97 -105 - Concerning adverse action against licenses held by Peter Witt, dba Maryland fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 6 of 7 Avenue Unocal, 406 Maryland Avenue East. (Uncontested) Adopted Yeas - 7 Nays - 0 43. Resolution - 97 -106 - Concerning adverse action against licenses held by Merlin Richardson, dba Mike's Downtown Standard, 542 Robert Street North. (Uncontested) Adopted Yeas - 7 Nays - 0 44. Resolution - 97 -107 - Concerning adverse action against licenses held by Morelli's Discount Liquor, 535 Tedesco Street. (Uncontested) Adopted Yeas - 7 Nays - 0 45. Resolution - 97 -108 - Concerning adverse action against licenses held by Thai Vang, dba Neighbor's Grocery Store, 469 Anita Street. (Uncontested) Adopted Yeas - 7 Nays - 0 46. Resolution - 97 -109 - Concerning adverse action against licenses held by Parrish's, Inc., 2176 7th Street West. (Uncontested) Adopted Yeas - 7 Nays - 0 47. Resolution - 97 -110 - Concerning adverse action against licenses held by Patricia Karels, dba Pat's Smoke Shop, 55 5th Street East. (Uncontested) Adopted Yeas - 7 Nays - 0 48. Resolution - 97 -111 - Concerning adverse action against licenses held by Shinder Book & News, Inc., 389 Wabasha Street North. (Uncontested) Adopted Yeas - 7 Nays - 0 49. Resolution - 97 -112 - Concerning adverse action against licenses held by Crown Coco, Inc., dba Smith Avenue E -Z Stop, 778 Smith Avenue South. (Uncontested) Adopted Yeas - 7 Nays - 0 50. Resolution - 97 -113 - Concerning adverse action against licenses held by Snyder Drug, 2083 Ford Parkway. (Uncontested) Laid over to February 26 Yeas - 7 Nays - 0 51. Resolution - 97 -114 - Concerning adverse action against licenses held by SuperAmerica 44414, 2065 Randolph Avenue. (Uncontested) Laid over to February 26 Yeas - 7 Nays - 0 52. Resolution - 97 -115 - Concerning adverse action against licenses held by Tom Thumb Food Market 4118, 626 Larpenteur Avenue West. (Uncontested) Adopted Yeas - 7 Nays - 0 53. Resolution - 97 -25 - Authorizing the City of Saint Paul to apply to the Department of Trade and Economic Development for funding the Ecolab project. (Laid over from January 15) Substitute introduced and adopted Yeas - 7 Nays - 0 54. Resolution - 97 -116 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 266 East Seventh Street. (Address laid over from December 11) Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010 Page 7 of 7 55. Resolution - 97 -117 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 719 Wilson Avenue. (Address laid over from January 22) Adopted as amended Yeas - 7 Nays - 0 56. Resolution - 97 -118 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 1577 Ashland Avenue and 1880 Randolph Avenue. Adopted Yeas - 7 Nays - 0 57. Resolution - 97 -119 - Ordering the owner to remove or repair the building at 438 Baker Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Mauer not present for vote) 58. Resolution - 97 -120 - Ordering the owner to remove or repair the building at 787 Buffalo Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Mauer not present for vote) 59. Resolution - 97 -121 - Ordering the owner to remove or repair the building at 670 Sims Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal of the structure to 60 days) Adopted as amended (remove or repair within five (5) days) Yeas - 7 Nays - 0 60. Resolution - 97 -122 - Order the owner to remove or repair the building at 393 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Laid over to August 6 Yeas - 7 Nays - 0 61. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by Mary P. Fasching, dba M.F. Automotive, 1728 Selby Avenue. Accepted the Findings and Conclusions of the Administrative Law Judge report as amended by the written exceptions filed by the City Attorney. A $1,000.00 fine was imposed. Yeas - 7 Nays - 0 Suspension Item Resolution - 97 -123 - Approving the appointment of Peg Birk as City Attorney. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120135\Minutes 2 -... 12/15/2010