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Minutes 3-12-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 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 Present - 6 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman, Thune Vacancy - 1 - Ward 7 March 12th, 1997 Minutes Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Miscellaneous • Addendum 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 February 19, 1997. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 2 of 8 2. Claims of Stella Chandler, Chad Heinn, Paul Hisdahl, John Larson, Marilynn Miller, John Ogle, Derrick & Tanya Sharpe, and Jacqueline Smith. Referred to Employee /Risk Management Division 3. Summons and Complaint in the matter of HomeSide Lending, Inc. vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Tammy Helen Flint vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Summons and Complaint in the matter of John Guckin vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 6. Summons and Complaint in the matter of Yvonne Kinney vs. the City of Saint Paul. Referred to the City Attorney's Office 7. Motion for a Court Injunction Order, etc. in the matter of Patrick A. Carlone vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 8. Notice of Correction in the matter of Patrick A. Carlone vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 9. Notice of Appeal of Commissioners' Award 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 10. Summons in Application for Registration in the matter of the application of Warren H. Walker and Judith H. Walker to register title to the following described real estate in Ramsey County: Lot 2, Sternberg's Addition. Referred to the City Attorney's Office 11. Letter from Saint Paul Public Health declaring 777 -779 Aurora Avenue, 1134 Edgerton Street, and 903 Fourth Street East as "nuisance properties" and setting date of Legislative Hearings for March 18, 1997, and City Council Hearings for March 26, 1997. 12 Letter from Saint Paul Public Health declaring 796 Laurel Avenue as "nuisance property." (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 13. Letter from the Office of the City Attorney announcing a public hearing before an Administrative Law Judge on March 25, 1997, 9:30 a.m., Room 41 St. Paul City Hall, concerning adverse action against the cigarette license held by Good International Corp., dba Convenience of West 7th, 499 West 7th Street. (This was announced previously as a City Council hearing) 14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by PJJ, Inc., dba Bandana Cleaners, 1021 Bandana Boulevard East. (Uncontested) 15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by River House Corp., dba file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 3 of 8 Buon Giorno Italian Market, 335 University Avenue East. (Uncontested) 16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by Capital City Check Cashing, 477 Rice Street. (Uncontested) 17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by David M. Kroona, dba Eastern Heights Amoco, 1785 Suburban Avenue. (Uncontested) 18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by East Side Hospitality, Inc., dba Hafner's Bowling Center, 1560 White Bear Avenue North. (Uncontested) 19. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by Holiday Station Stores, Inc., dba Holiday 47, 500 7th Street East. (Uncontested) 20. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by James S. Kowalski, dba Kowalski's Grand Market, Inc., 1261 Grand Avenue. (Uncontested) 21. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by Quality Food & Gas, 1530 Sherwood Avenue. (Uncontested) 22. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by Ronco Corporation, dba Ron's Bar, 879 Rice Street. (Uncontested) 23. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by Shannon Kelly's, 395 Wabasha Street North. (Uncontested) 24. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 2, 1997, concerning adverse action against the cigarette license held by SuperAmerica Group, Inc., dba SuperAmerica 44410, 1198 Earl Street. (Uncontested) 25. Communication from Saint Paul Animal Control dated March 3, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 26. Administrative Orders: D001157 Authorizing reimbursement of $200.00 to Dakota County Technical College for their participation in a roadway accessibility test during construction of the Kellogg Boulevard tunnel. D001158 Addition of $8,027.50 to the contract for ventilation of patients' rooms and staff areas at the Public Health Center. D001159 Addition of $780.00 for an engineering consultant to investigate and evaluate existing HVAC system and make changes to solve ventilation problems. D001160 Amending the 1997 budget in the Department of Fire and Safety Services to purchase fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 4 of 8 additional safety equipment. D001161 Amending the 1996 budget in the Division of Libraries to cover negative balances in several major object codes and activities. D001162 Addition of $6,653.00 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation & Bridge Construction- Parking Ramp Excavation Alternate A. D001163 Addition of $103,009.00 to the contract for the Rice and Arlington Sports Dome. Noted as on file in the City Clerk's Office D001164 Addition of $228,121.98 to the contract for Saint Paul Civic Center Expansion, CP -I Demolition, Excavation & Bridge Construction- Parking Ramp Excavation Alternate A. Laid over to March 19 Yeas - 6 Nays - 0 27. Resolution - 97 -205 - Approving the appointments of Donavan Cummings and Jose Verdeja, and the reappointments of Mary Thoemke and Richard Miller, by Mayor Coleman, to the Capital Improvement Budget Committee. (Laid over from March 5 for adoption) Adopted Yeas - 6 Nays - 0 28. Resolution - 97 -206 - Approving the reappointments of Russell J. Miller and Stephen Wellington, and the appointments of John Fahey, Cornell Tandooahnippah, Stephen D. Gordon, Ruby Lee, John Margot, Thomas Olesak, Kathleen Sundberg, and Ron Whitcomb, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment (STAR) Program Board of Directors. (Laid over from March 5 for adoption) Adopted Yeas - 6 Nays - 0 29. Resolution - 97 -207 - Approving the appointments of Isabel A. Chanslor and Julia M. Cruz, by Mayor Coleman, to serve on the Saint Paul Human Rights Commission. (Laid over from March 5 for adoption) Adopted Yeas - 6 Nays - 0 30. Resolution - 97 -242 - Approving the appointments of Steven N. McCarty and Paulette Sanders, and the reappointments of Gail Chang Bohr, Gregory M. Donovan, Kent R. Furois, Jill Peterson, and Bruce Weber, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (To be laid over one week for adoption) Laid over to March 19 for adoption 31. Resolution - 97 -243 - Approving the appointment of Peter Hames to the position of Assistant to the Mayor IV. Adopted Yeas - 5 Nays -1 (Rettman) 32. Resolution - 97 -244 - Approving the appointment of William Huepenbecker to the position of Assistant to the Mayor IV. Adopted Yeas - 6 Nays - 0 33. Resolution - 97 -245 - Approving payment of $15,000.00 to Neil Gosman and Sandy Pappas in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 5 Nays -1 (Rettman) 34. Resolution - 97 -246 - Amending the spending and financing plans of the 1987 -1991 capital project accounts with surplus balances and transferring these balances into a contingency account for the Wabasha Street Bridge. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 5 of 8 35. Resolution - 97 -247 - Amending the Pledge Agreement related to the expansion of the Seventh and Wabasha Streets Parking Ramp. Laid over to March 19 Yeas - 6 Nays - 0 36. Resolution - 97 -248 - Authorizing City signatures on a contract between the City of Saint Paul, acting through Saint Paul Public Health, and Hennepin County, acting through the Hennepin County Community Health Department. Adopted Yeas - 6 Nays - 0 37. Resolution - 97 -249 - Requesting an extension of time to complete work being done on a structure at 723 Manomin Avenue. Adopted Yeas - 6 Nays - 0 38. Resolution Approving Assessment - 97 -250 - In the matter of installation of storm sewer service stubs, as requested by the property owner, in conjunction with the 7th /Lafayette Area Storm Sewer Project, and setting date of public hearing for May 7, 1997. (File 418671 -C) Adopted Yeas - 6 Nays - 0 39. Resolution Approving Assessment - 97 -251 - In the matter of construction of storm sewer stub connections, as requested by the property owner, in conjunction with the 35E/University Area Storm Sewer Separation Project, and setting date of public hearing for May 7, 1997. (File 418690 -C) Adopted Yeas - 6 Nays - 0 40. Resolution Approving Assessment - 97 -252 - In the matter of construction of storm sewer stub connections, as requested by the property owner, in conjunction with the Prior /Sheridan Area Street Paving and Lighting Project, and setting date of public hearing for May 7, 1997. (File 418698 -C) Adopted Yeas - 6 Nays - 0 41. Resolution Approving Assessment - 97 -253 - In the matter of construction of sanitary sewer and storm sewer service connections, as requested by the property owners, in conjunction with the Albert /Eleanor Area Project, and setting date of public hearing for May 7, 1997. (File 418704 -C) Adopted Yeas - 6 Nays - 0 42. Resolution Approving Assessment - 97 -254 - In the matter of construction of sanitary sewer and storm sewer service connections, as requested by the property owner, in conjunction with the Davern /Edgcumbe Area Storm Sewer and Street Paving and Lighting Project, and setting date of public hearing for May 7, 1997. (File 418750) Adopted Yeas - 6 Nays - 0 43. Resolution Approving Assessment - 97 -255 - In the matter of improving the "T" alley in Block 2, Dawson and Smith's subdivision by constructing storm sewer drainage structures and grading and paving with bituminous materials, and setting date of public hearing for May 7, 1997. (File 418797) Adopted Yeas - 6 Nays - 0 44. Resolution Approving Assessment - 97 -256 - In the matter of improving the alley in Block 1, Gilbert's Greenway Court by grading and paving with bituminous material, and setting date of public hearing for May 7, 1997. (File 418798) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 6 of 8 FOR DISCUSSION 45. Resolution - 97 -187 - Authorizing an amendment to the Pledge Agreement for the Parking and Transit Fund. (Laid over from February 26) Laid Over to March 19 Yeas - 6 Nays - 0 46. Resolution - 97 -164 - Requesting the Charter Commission's recommendation regarding City Council elections in the case of all vacancies in the position of Councilmember. (Laid over from March 5) Laid over to March 26 Yeas - 6 Nays - 0 47. Resolution - 97 -257 - Proposed 1997 funding recommendations and allocations for Civic Organizations Partnership Program (COPP) Juvenile Crime Prevention. Laid over to March 26 Yeas - 6 Nays - 0 ORDINANCES 48. Second Reading - 97 -222 - An ordinance adopting zoning ordinance amendments related to the Thomas Dale Small Area Plan and 40 Acre Study. Laid over to March 26 for third reading /public hearing PUBLIC HEARINGS 49. Final Adoption - 97 -177 - An ordinance amending Section 2.05 of the Saint Paul Charter in accordance with Minn. Stat. § 410.12. (Public hearing continued from March 5) Substitute introduced and laid over to March 26 for final adoption and continuation of public hearing. Yeas - 6 Nays - 0 50. Resolution - 97 -202 - Approving application for a General Repair Garage License by Steven Haney, 594 West Maryland Avenue. (ID 47495 1) (Laid over from February 26) Laid over to April 2 Yeas - 6 Nays - 0 51. Resolution - 97 -258 - Approving application for an Auto Repair Garage License by J.P. Automotive, 933 Atlantic Street 42. (ID 414435) Adopted Yeas - 6 Nays - 0 52. Resolution - 97 -259 - Approving application for a Class C Gambling Location License by Goby's Grille & Pub, Inc., 472 Snelling Avenue South. (ID 421825) Adopted Yeas - 6 Nays - 0 53. Resolution - 97 -260 - Approving application for a Gambling Manager's License by Jennifer J. Olson, dba Children's Program of Northern Ireland, at Goby's Grille & Pub, 472 Snelling Avenue South. (ID 482035) Adopted Yeas - 6 Nays - 0 54. Resolution - 97 -261 - Approving application for a State Class B Gambling Premise Permit by Cheryl file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 7 of 8 Kerner, on behalf of Children's Program of Northern Ireland, at Goby's Grille & Pub, 472 Snelling Avenue South. (ID 413- 04567) Adopted Yeas - 6 Nays - 0 55. Resolution - 97 -262 - Concerning adverse action against licenses held by Kirk Auto Service, 880 Selby Avenue. Withdrawn 56. Resolution - 97 -263 - Concerning adverse action against licenses held by Arthur Heutmaker, dba Conoco Automotive, 1208 Arcade Street. Withdrawn 57. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue. (Laid over from February 26) Accepted the Report of the Administrative Law Judge Yeas - 6 Nays - 0 58. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by E. & K. Corporation, dba Checker's Nite Club, 1066 7th Street East. Laid over to April 2 Yeas - 6 Nays - 0 59. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by Gregg Perkins, dba St. Paul Firearms, 634 North Snelling Avenue. The City Attorney was directed to prepare a resolution denying the license. Yeas - 4 Nays - 2 (Rettman, Thune) 60. Resolution - 97 -264 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 719 Wilson Avenue, 408 Lexington Parkway, 568 Beaumont Street, 2224 Mailand Road, 2087 Skyway Drive, and 2119 Skyway Drive. Adopted as amended Yeas - 6 Nays - 0 719 Wilson Avenue - Laid over to March 19 Yeas - 6 Nays - 0 2224 Mailand Road, 2087 Skyway Drive, 2119 Skyway Drive Appeals Granted Yeas - 5 Nays -1 (Rettman) 61. Resolution - 97 -265 - Ordering the owner to remove or repair the building at 637 Oakdale Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 62. Resolution - 97 -266 - Ordering the owner to remove or repair the building at 498 Virginia Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends amending the order to 90 days for repair or removal on the condition that the vacant building registration fee is paid and the shed on the property is removed.) Laid over to March 26 (public hearing) Yeas - 6 Nays - 0 MISCELLANEOUS fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010 Page 8 of 8 63. Communication from Council President Thune that the City Council will accept applications from qualified voters to be considered for interim appointment to serve as Council Members from Ward 5 and Ward 7, and that applications for interim appointment must be sent to the Director of Council Research, and that the date of the appointment for Ward 7 will be March 19, 1997. ADDENDUM Public hearing 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). (Laid over from February 26) Motion of intent - application approved as amended Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120148\Minutes 3 -... 12/15/2010