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Minutes 3-26-1997Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 26, 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 - Bostrom, Harris, Megard, Morton, Rettman, Thune Absent - 1 - Blakey (arrived after roll call) Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Items 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 26, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Jackie Blomquist, Gary Carlson, Rhonda DeBough- Insook, Margaret Hilmanowski, Carol Johnson, Taisuke Oshita, and George Selvestra. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 2 of 7 3. Summons and Complaint in the matter of Randall Barnhart vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Ernestine Bettendorf vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from Todd Young Law Firm dated March in the death of Samuel Aanenson. Referred to the City Attorney's Office 13, 1997, providing notification of a possible claim 5a. Letter from the Office of the City Attorney announcing a hearing before the City Council on April 2, 1997, to consider the report of the Administrative Law Judge in the matter of four taxicab licenses held by CIN & JNJ, Inc. 5b. Letter from the Office of the City Attorney announcing a hearing before the City Council on April 2, 1997, to consider the report of the Administrative Law Judge in the matter of licenses held by Thanh Ngoc Nguyen, dba Cafe Karaoke Do Thanh, 1275 University Avenue West. 6. Letter from the Real Estate Division setting date of public hearing before the City Council for April 23, 1997, to consider the vacation of C Street southwesterly of B Street allowing the vacated area to accrue to Battle Creek Recreational Park. 7. Letters from Saint Paul Public Health declaring 774 Capitol Heights, 714 Fuller Avenue, 123 Geranium Avenue West, and 395 Michigan Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Letter from the Real Estate Division recommending approval of a request for reduction in assessed valuation for property located at 801 Front Avenue (AC96 -5560) Adopted Yeas - 7 Nays - 0 9. Letter from the Real Estate Division recommending approval of a request for reduction in assessed valuation for property located at 652 Reaney Avenue, 650 Reaney Avenue, 648 Reaney Avenue, 738 Payne Avenue and 722 Payne Avenue (AF96- 5345). Adopted Yeas - 7 Nays - 0 10. Letter from the Real Estate Division recommending approval of a request for reduction in assessed valuation for property located at 1021 Bandana Boulevard East (AM96- 5541). Adopted Yeas - 7 Nays - 0 11. Communication from Saint Paul Animal Control dated March 17, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 12. Administrative Orders: D001172 Addition of $44,342.11 to the contract for Smith Avenue Reconstruction - Grand Avenue to Kellogg Boulevard. D001173 Authorizing the Department of Planning and Economic Development to contribute $5,000 to Public Arts Saint Paul's Mayor's Design Forum. D001174 Addition of $17,946.47 to the contract for Prosperity Avenue Realignment. Noted as on file in the City Clerk's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 3 of 7 13. Resolution - 97 -297 - Approving the appointment of Karen Muller, by Mayor Coleman, to the Family Housing Fund of Minneapolis and Saint Paul Board of Directors. (To be laid over one week for adoption) Laid over to April 2 for adoption 14. Resolution - 97 -298 - Approving the appointment of Greg Simbeck, by Mayor Coleman, to the Youth Fund Board. (To be laid over one week for adoption) Laid over to April 2 for adoption 15. Resolution - 97 -299 - Authorizing a contract with Saint Paul Public School District 625, in the amount of $116,260 for the program operation of the Ramsey County Truancy and Curfew Center. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -300 - Authorizing fund disbursal to Ramsey County of a Local Law Enforcement Block Grant in the amount of $160,200. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -301 - Approving the acceptance of a State of Minnesota Cleanup Grant and approving the amendment of the redevelopment plan for the Neighborhood Project Area, creation of a soils condition district and subdistrict and financing plan for the Hubbard Project. Adopted Yeas - 7 Nays - 0 18. Resolution - 97 -302 - Approving the amendment of the redevelopment plan for the Neighborhood Redevelopment Project Area, creation of a redevelopment tax increment financing district and adoption of a tax increment financing plan. Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -303 - Approving the issuance of $20,335,000 of Single Family Mortgage Revenue Bonds to finance the third phase of Saint Paul's Middle Income Program. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -304 - Accepting the winning proposal and awarding the bid for the $17,500,000 General Obligation Capital Improvement Bonds Series 1997A. Adopted as amended Yeas - 7 Nays - 0 21. Resolution - 97 -305 - Accepting the winning proposal and awarding the bid for the $2,450,000 General Obligation Street Improvement Special Assessment Bonds Series 1997B. Adopted as amended Yeas - 7 Nays - 0 22. Resolution - 97 -306 - Authorizing the proper City officials to submit grant applications to the Minnesota Department of Natural Resources. Adopted Yeas - 7 Nays - 0 23. Resolution - 97 -307 - Requesting an extension of time to complete work being done on a building at 230 West George Street. Adopted Yeas - 7 Nays - 0 24. Resolution - 97 -308 - Directing the City of Saint Paul Department of Planning and Economic Development and the Department of Public Works to create a Transportation Team to address fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 4 of 7 transportation issues on an immediate and ongoing basis. Adopted Yeas - 7 Nays - 0 25. Resolution - 97 -309 - Finalizing City Council action taken March 12, 1997, denying the license application of Gregg Perkins, dba St. Paul Firearms, 634 Snelling Avenue North. Adopted Yeas - 5 Nays - 2 (Rettman, Thune) 26. Resolution - 97 -310 - Finalizing City Council action taken February 26, 1997, approving the preliminary and final plat for Arlington Industrial Park allowing the property to be subdivided into five new industrial sites for development. Adopted Yeas - 7 Nays - 0 27. Resolution - 97 -311 - Requesting the State Legislature exempt Saint Paul from Amendments to Minnesota Statutes, sec. 205.07, subd 1, and allow the voters in Saint Paul to decide the term of office for Saint Paul City Council. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 28. Resolution - 97 -294 - Amending the 1997 parking and transit fund budget to provide financing for the Capital City Trolley. (Laid over from March 19) Adopted Yeas - 6 Nays -1 (Rettman) 29. Resolution - 97 -257 - Proposed 1997 funding recommendations and allocations for Civic Organizations Partnership Program (COPP) Juvenile Crime Prevention. (Laid over from March 12) Adopted Yeas - 7 Nays - 0 (Attachment listing funding recommendations was amended) 30. Resolution - 97 -295 - Authorizing and directing the City Attorney and appropriate City staff to prepare amendments to the statutory authority of the Civic Center Authority to enable the construction and operation of a soccer stadium in downtown Saint Paul. (Laid over from March 19) Withdrawn 31. 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 12) (Companion to Ordinance 97 -177, Item 449) Laid over to April 2 Yeas - 7 Nays - 0 32. Resolution - 97 -69 - Authorizing financing in the amount of $2,340,000.00 for the purchase of Civic Center Equipment. (Laid over from March 19) Adopted Yeas - 6 Nays -1 (Rettman) 33. Resolution - 97 -187 - Authorizing an amendment to the Pledge Agreement for the Parking and Transit Fund. (Laid over from March 19) Laid over to April 9 Yeas - 7 Nays - 0 34. Resolution - 97 -247 - Amending the Pledge Agreement related to the expansion of the Seventh and fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 5 of 7 Wabasha Streets Parking Ramp. (Laid over from March 19) Laid over to April 9 Yeas - 7 Nays - 0 35. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief. (Laid over from March 19) Laid over to April 2 Yeas - 7 Nays - 0 36. Resolution - 97 -312 - Requesting the release of $400,000 Technology Initiatives funding from contingency. Adopted Yeas - 6 Nays -1 (Rettman) 37. Resolution - 97 -313 - Adopting the Thomas Dale Small Area Plan as an amendment to the Comprehensive Plan. (Companion to Ordinance 97 -222, Item 450) Laid over to April 2 Yeas - 6 Nays - 0 (Harris not present for vote) ORDINANCES 38. Second Reading - 97 -279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code to improve upon the language and to more accurately reflect the current animal control environment in the City and allow service animals assisting individuals with disabilities on the grounds in City markets. Laid over to April 2 for third reading /public hearing 39. Second Reading - 97 -280 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code to bring the chapter up -to -date and reflect the current situation requiring permits to be obtained from the Office of License, Inspections and Environmental Protection. Laid over to April 2 for third reading /public hearing 40. Second Reading - 97 -281 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code to improve upon the language and to more accurately reflect the current animal control environment in the city and allow service animals assisting individuals with disabilities into the skyway system. Laid over to April 2 for third reading /public hearing 41. Second Reading - 97 -282 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to allow horses from the Saint Paul police horse patrol into City parks, parkways or recreation areas without permission of the director. Laid over to April 2 for third reading /public hearing 42. Second Reading - 97 -283 - An ordinance amending Chapter 196 of the Saint Paul Legislative Code to bring the chapter up -to -date, improve upon the language and to more accurately reflect the current animal control environment in the City. Laid over to April 2 for third reading /public hearing 43. Second Reading - 97 -284 - An ordinance repealing Chapter 197 of the Saint Paul Legislative Code. Laid over to April 2 for third reading /public hearing 44. Second Reading - 97 -285 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to bring the chapter up -to -date, improve upon the language and to more accurately reflect the current animal control environment in the City. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 6 of 7 Laid over to April 2 for third reading /public hearing 45. Second Reading - 97 -286 - An ordinance amending Chapter 199 of the Saint Paul Legislative Code to bring the chapter up -to -date, require that ferrets be vaccinated against rabies, improve upon the language and to more accurately reflect the current animal control environment in the City. Laid over to April 2 for third reading /public hearing 46. Second Reading - 97 -287 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to bring the chapter up -to -date, improve upon the language and to more accurately reflect the current animal control environment in the City. Creates section 200.17 Collars, leashes, tie outs. (Amended March 19) Laid over to April 2 for third reading /public hearing 47. Second Reading - 97 -288 - An ordinance amending Chapter 347 of the Saint Paul Legislative Code to bring the chapter up -to -date, require Saint Paul pet -shop owners to provide customers purchasing an animal requiring a permit the necessary documentation for obtaining a permit and to more accurately reflect the current animal control environment in the City. Laid over to April 2 for third reading /public hearing 48. First Reading - 97 -314 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code to permit administrative payment of fines for first and second violations for sale of cigarettes to minors. Laid over to April 2 for second reading 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. (Substitute introduced and public hearing continued from March 12) (Companion to Resolution 97 -164, Item 43 1) Substitute introduced and laid over to April 2 for final adoption and continuation of public hearing Yeas - 7 Nays - 0 50. Third Reading - 97 -222 - An ordinance adopting zoning ordinance amendments related to the Thomas Dale Small Area Plan and 40 Acre Study. (Companion to Resolution 97 -313, Item 437) Laid over to April 2 for final adoption 51. Resolution - 97 -315 - Approving application for a Gas Station License by Erickson Oil Products, Inc., dba Freedom Value Centers, 1215 North Dale Street. (ID 466443) Laid over to April 2 Yeas - 6 Nays - 0 (Harris not present for vote) 52. 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 from March 12) Adopted (remove or repair within 15 days) Yeas - 7 Nays 0 53. Resolution - 97 -316 - Ordering the owner to remove or repair the building at 777 -779 Aurora Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs of the building on the condition that the bond is posted and the vacant building registration fee is paid by March 26) Adopted (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays- 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010 Page 7 of 7 54. Resolution - 97 -317 - Ordering the owner to remove or repair the building at 1134 Edgerton Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs) Adopted (remove or repair within 15 days) Yeas - 6 Nays - 0 (Thune not present for vote) 55. Resolution - 97 -318 - Ordering the owner to remove or repair the building at 903 Fourth Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs) Adopted (per recommendation of the Legislative Hearing Officer plus an additional amendment. Yeas - 6 Nays - 0 (Thune not present for vote) 56. Resolution - 97 -319 - Approving the decision of the Legislative Hearing Officer for Property Code Enforcement Appeals for property located at 1201 Edgerton Street, 1381 North Cleveland Avenue, 562 North Lexington Parkway, 1080 Earl Street, 269 Goodhue Street (upper), and 601 Topping Street. Adopted Yeas - 7 Nays - 0 57. Appeal of Audrey Joleen Petschen to a Summary Abatement Order for property located at 1274 Sherburne Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 58. Final Order - 97 -320 - In the matter of construction and /or reconstruction of sidewalks at 906 Juno Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer Avenue, 2180 Knapp Street, 2315 and 2394 Valentine Avenue, and 2082 and 2084 East Fourth Street. Adopted Yeas - 7 Nays - 0 59. Public hearing to consider the appeal of Don and Corinne Scherbert to a decision of the Board of Zoning Appeals granting a side yard setback variance in order to construct an attached garage at 2412 Carter Avenue. Motion of intent - Appeal Denied Yeas - 7 Nays - 0 Suspension Items Resolution - 97 -321 - Authorizing various fire training exercises at the property commonly known as 1985 Lincoln. Adopted Yeas - 7 Nays - 0 Resolution - 97 -322 - Supporting the efforts of the "Gateway Project" group, supporting House File 1672 and requesting that it be fully funded. Adopted Yeas - 7 Nays - 0 Resolution - 97 -323 - Authorizing payment, not to exceed $5,000.00, for legal counsel for Dino Guerin. Adopted Yeas - 6 Nays -1 (Megard) Resolution - 97 -324 - Approving payment of $80,000.00 to Julie Donnelly and Hvass, Weisman & King, her attorneys, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120214\Minutes 3 -... 12/15/2010