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Minutes 5-14-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 14, 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 • 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 April 9, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Marlene Aanenson, Scott Cocchiarella, Nam Doan, Marles Harrington, Chad Kavon, Laverne Panek, and Heidi Rusthoven. Referred to Employee /Risk Management Division file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 2 of 8 3. Communication from Attorney Thomas Donohue regarding State vs. Leon Cariveau. Referred to the City Attorney's Office 4. Conciliation Court Claim and Notice of Hearing in the matter of Lana Glass vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Real Estate Division announcing a public hearing before the City Council on May 28, 1997, to consider the vacation of part of Rose Avenue west of realigned Prosperity Avenue allowing the vacated area to accrue to the Healtheast property at Rose and realigned Prosperity. 6. Letter from the Real Estate Division announcing a public hearing before the City Council on June 11, 1997, to consider the vacation of part of Fourth Street west of Washington Street, allowing the petitioner to construct an improved entrance to the Civic Center complex. 7. Letter from Saint Paul Public Health declaring 806 Agate Street, 1248 Laurel Avenue, and 421 Wabasha Street South as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Communication from Saint Paul Animal Control dated May 5, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 9. Administrative Orders: D001223 Addition of $3,219.92 to the contract for installing new light fixtures at Block 7A Parking Ramp, 13 West Exchange Street. D001224 Addition of $315,000.00 to the contract for Civic Center Parking Ramp Structural Deck Restoration. D001225 Addition of $9,045.00 to the contract for Rice & Arlington Sports Dome Lighting. D001226 Reallocating spending authority in the COPS Network 11 grant of the Police Special Projects Fund. Noted as on file in the City Clerk's Office 10. Resolution - 97 -533 - Approving the appointment of Rich O'Connor, by Mayor Coleman, to serve on the Saint Paul Civic Center Authority. (To be laid over one week for adoption) Laid over to May 21 for adoption 11. Resolution - 97 -534 - Approving the appointments, by Mayor Coleman, of the following individuals to serve on the Certificate of Competency Examining Boards: Richard Felber (Lather and Plasterer), Michael J. Connelly (Warm Air Heating and Ventilation), and Bill Daly (Refrigeration). (To be laid over one week for adoption) Laid over to May 21 for adoption 12. Resolution - 97 -535 - Approving the 1994 -1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. (To be laid over one week for adoption) Laid over to May 21 or adoption 13. Resolution - 97 -536 - Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 1997 wage and fringe re- opener. (To be laid over one week for adoption) Laid over to May 21 for adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 3 of 8 14. Resolution - 97 -537 - Establishing the rate of pay for the new Library Volunteer Coordinator class in Grade 7 of the Professional Standard Ranges. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -538 - Amending the Civil Service Rules in Section 31, Payrolls. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -539 - Amending the Civil Service Rules in Section 6.D., Examination Scoring. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -540 - Amending the Civil Service Rules in Section 19 B.2.e., Reason for Leave of Absence. Adopted Yeas - 7 Nays - 0 18. Resolution - 97 -541 - Declaring certain Board of Water Commissioners' property in the City of Vadnais Heights to be surplus and authorizing the preparation and execution of a quitclaim deed which shall quit the City's interest in the property in favor of the Board. Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -542 - Approving payment of $7,500.00 to Glen Lowry and John Murrin, his attorney, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -543 - Authorizing the Saint Paul Police Department to enter into agreements with Independent School District 4625. Adopted as amended Yeas - 7 Nays - 0 Listed in error, see Item #49 22. Resolution - 97 -545 - Authorizing the Department of Fire and Safety Services to enter into a rental agreement with the Salvation Army. Adopted Yeas - 7 Nays - 0 23. Resolution - 97 -546 - Amending the 1996 & 1997 Capital Improvement Budgets due to change in allocation of MSA allotment between construction and maintenance. Adopted Yeas - 7 Nays - 0 24. Resolution - 97 -547 - Amending the 1996 Capital Improvement Budget by transferring 1996 Sewer Revolving Loan Program funding to the Hatch /Park RSP Project. Adopted Yeas - 7 Nays - 0 25. Resolution - 97 -548 - Amending the 1996 Capital Improvement Budget by transferring 1996 Sewer Revolving Loan Program funding to the Princeton Shaft Sewer Project. Adopted Yeas - 7 Nays - 0 26. Resolution - 97 -549 - Approving the Battle Creek Regional Trail Improvement Project. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 4 of 8 27. Resolution - 97 -550 - Indemnifying Dayton's Energy Park for use of their parking lot for Saint Paul Saints games and stadium events. Adopted Yeas - 7 Nays - 0 28. Resolution - 97 -551 - Approving cancellation of Registered Bill 4028962 dated 3/11/93 in the amount of $1,734.70 sent to Don Turgeon for an abandoned boat at Watergate Marina. Adopted Yeas - 7 Nays - 0 29. Resolution - 97 -552 - Releasing utility easements in a portion of the vacated alley and vacated Wheeler Street in Block 5, Granport Addition. Adopted Yeas - 7 Nays - 0 30. Resolution - 97 -553 - Authorizing the City of Saint Paul to accept $132,000.00 from the State of Minnesota to assist dislocated workers through the Metro Area Transition Project. Adopted Yeas - 7 Nays - 0 31. Resolution - 97 -554- Amending the Urban Revitalization Action Program (URAP) budget to increase the spending plan of the Sherburne Initiative Phase II budget by $134,774.00 of program income. Adopted Yeas - 7 Nays - 0 32. Resolution - 97 -555 - Requesting an extension of time to complete work being done on a building at 659 Carroll Avenue. Adopted Yeas - 7 Nays - 0 33. Resolution - 97 -556 - Approving the proposal of the Saint Paul Association of Responsible Landlords to spend $20,000.00 set aside for them in the 1997 budget. Adopted as amended Yeas - 7 Nays - 0 34. Resolution - 97 -557 - Authorization to apply for a Metropolitan Livable Communities Act Tax Base Pollution Clean -Up Grant. Adopted Yeas - 7 Nays - 0 35. Resolution - 97 -558 - Congratulating the Lao Family Community of Minnesota, Inc. on their twentieth anniversary. Adopted Yeas - 7 Nays - 0 36. Resolution - 97 -559 - Finding Continental Cablevision of St. Paul's Institutional Network Corrective Plan dated March 14, 1997 to be inadequate. Adopted Yeas - 7 Nays - 0 37. Preliminary Order - 97 -560 - In the matter of condemnation and acquisition of right -of -way easement for the Sloan Street cul de sac as required for the vacation of East Idaho Avenue, and setting date of public hearing for July 9, 1997. (File 418845) Adopted as amended Yeas - 7 Nays - 0 38. Preliminary Order - 97 -561 - In the matter of construction of a water main and service connections in Boxwood Avenue from approximately 260 feet west of McKnight Road to approximately 500 feet west of McKnight Road, and setting date of public hearing for July 9, 1997. (File 418847) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 5 of 8 39. Preliminary Order - 97 -562 - In the matter of improving the north -south alley in Fulton's Re. of Block 70, Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by grading and paving with bituminous material, and setting date of public hearing for July 9, 1997. (File 418848) Adopted Yeas - 7 Nays - 0 40. Preliminary Order - 97 -563 - In the matter of improving the north -south alley in Fulton's Re. of Block 70, Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by condemning and taking an easement in the land necessary for the slopes, cuts and fills in the grading and paving of the alley, and setting date of public hearing for July 9, 1997. (File 418848 -S) Adopted Yeas - 7 Nays - 0 41. Resolution - 97 -132 - Directing the Department of Public Works to stripe an on- street bicycle lane along Mississippi River Boulevard. (Laid over from April 2) (Note: There will be no discussion of this resolution; it will be laid over indefinitely at the request of Councilmember Harris at the May 7 City Council meeting) Laid over indefinitely Yeas - 7 Nays - 0 FOR DISCUSSION 42. Discussion on the community notification procedure for Level III sexual offenders. Presenters: William Finney, Saint Paul Chief of Police Joan Fabian, Director of Ramsey County Corrections Bob Hanson, Adult Division Director of the Ramsey County Community Corrections Department A representative from the Minnesota Department of Corrections 43. Report by the Administration on the status of City of Saint Paul legislation. Laid over to May 21 Yeas - 7 Nays - 0 44. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Discussion continued from February 19) (Laid over from April 23) Stacy Becker, Director, Department of Public Works William Finney, Police Chief Laid over to June 4 Yeas - 7 Nays - 0 45. Administrative Order: D001222 Implementing delegation of signature authority on City contracts. (Laid over from May 7) Noted as on file in the City Clerk's Office 46. Resolution - 97 -506 - Staff recommendation regarding policy for promoting equal opportunity and diversity through the City's professional services contracting process. (Laid over from May 7) See suspension items 47. Resolution - 97 -431 - Approving application for Cigarette, Liquor On -Sale Class A, Sunday On Sale Liquor, Restaurant (B), Entertainment Class B and Gambling Location Class A Licenses by Minnesota Restaurants Inc., dba All Star Sports Cafe /Club Extreme 2554 Como Avenue. (ID 499433) (Laid over from May 7) Discussed as a public hearing Substitute introduced and adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 6 of 8 48. Resolution - 97 -528 - Recommending the Minnesota State Legislature consider adopting criteria focusing on the conviction of individuals, clarify and define "criminal gang ", and the membership of the Strikeforce of the Criminal Gang Council should be representative of the community in race and gender. (Amended and laid over from May 7) Adopted Yeas - 7 Nays - 0 ORDINANCES 49. First Reading - 97 -564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to Nuisance Abatement. Laid over to May 21 for second reading 50. First Reading - 97 -565 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to zoning; cellular telephone amendments. Laid over to May 21 for second reading 51. First Reading - 97 -566 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code regarding temporary liquor licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 21 for second reading 52. First Reading - 97 -567 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code regarding temporary on -sale beer licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 21 for second reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 53. Third Reading - 97 -490 - An ordinance amending Chapter 176 of the Saint Paul Legislative Code to prohibit persons from attaching objects to trees by injurious means, and replacing references to the director of community services. Laid over to May 28 for final adoption 54. Third Reading - 97 -491 - An ordinance granting the Port Authority, and their successors in interest, permission to operate and maintain existing railroad tracks crossing Ridder Circle. Laid over to May 28 for final adoption 55. Resolution - 97 -568 - Approving application for a Grocery -C, Firearms, Cigarette, and Restaurant-13 License by KMart Corporation 44803, 1450 University Avenue West. (ID 479079) Adopted Yeas - 7 Nays - 0 56. Resolution - 97 -569 - Approving application for a State Class B Gambling Premise Permit by Rev. Michael Anderson, on behalf of St. Bernard's Church, at Gallivan's, 354 North Wabasha Street. (ID 413- 00963) Adopted Yeas - 7 Nays - 0 57. Resolution - 97 -570 - Approving application for a Gambling Manager's License by Mary Van Cura, fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 7 of 8 dba St. Bernard's Church, at Gallivan's, 354 North Wabasha Street. (ID 487538) Adopted Yeas - 7 Nays - 0 58. Resolution - 97 -571 - Approving application for a Class B Gambling Location License by D. P. McCue Inc., dba Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID 440469) Adopted Yeas - 7 Nays - 0 59. Resolution - 97 -572 - Approving application for a State Class B Gambling Premise Permit by Kevin O'Connell on behalf of Star Swim Club, Inc. at Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID 413- 05039) Adopted Yeas - 7 Nays - 0 60. Resolution - 97 -573 - Approving application for a Gambling Manager's License by Gregory Lendway, dba Star Swim Club, Inc. at Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID 418677) Adopted Yeas - 7 Nays - 0 61. Resolution - 97 -574 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 2091 Skyway Drive, 1154 Barclay Street, 1645 and 1665 Marion Street, and 1483 Matilda Street. Adopted Yeas - 7 Nays - 0 62. Resolution - 97 -575 - Ordering the owner to remove or repair the building at 796 Laurel Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to 180 days) Laid over to May 28 Yeas - 7 Nays - 0 63. Resolution - 97 -576 - Order the owner to remove or repair the building at 850 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the June 17, 1997, Legislative Hearings) Laid over to June 17 Legislative Hearings and June 25 City Council Meeting Yeas - 7 Nays - 0 64. Resolution Ratifying Assessment - 97 -577 - In the matter of boardings -up of vacant buildings for August 1996 for 1086 Jessamine Avenue East; boardings -up of vacant buildings for July 1996 for 1132 Central Avenue West and 328 Lexington Parkway North; boardings -up of vacant buildings for September 1996 for 694 Sherburne Avenue; and summary abatements (property clean -up) for August and September 1996 for 616 Idaho Avenue East and 1110 Forest Street. (File 4J9702BB, J97011313, J97221313, J9704AAA) (Legislative Hearing Officer recommends approval with the following exception: delete the assessment for 328 Lexington Parkway North) Adopted as amended per recommendation of the Legislative Hearing Officer The following amendment was also made: 1110 Forest Street laid over to June 3 Legislative Hearings and June 11 City Council meeting. Yeas - 7 Nays - 0 65. Resolution Ratifying Assessment - 97 -578 - In the matter of boardings -up of vacant buildings for November 1996; demolition of vacant buildings for December 1996 and January 1997; boardings -up of vacant buildings for December 1996; and summary abatements (snow removal and /or sanding walks for winter of 1997). (File 4J9705B, J9705C, J97051B, J9705A) (Legislative Hearing Officer recommends approval with the following exception: 2176 Stillwater Avenue laid over to June 3 Legislative file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010 Page 8 of 8 Hearings) Adopted as amended per recommendation of the Legislative Hearing Officer The following amendments were also made: 1857 Cottage Avenue, 473 South Cretin Avenue, 695 St. Anthony Avenue, and 2106 Marshall Avenue laid over to June 3 Legislative Hearings and June 11 City Council meeting. Yeas - 7 Nays - 0 66. Resolution Ratifying Assessment - 97 -579 - In the matter of construction of storm sewer and sanitary sewer service connections, as requested by the property owner, in conjunction with the Grand /St. Albans area storm sewer and street paving and lighting project. (File 418713) Laid over to May 28 Yeas - 6 Nays - 0 (Bostrom not present for vote) 67. Final Order - 97 -580 - In the matter of permanent easement for public right -of -way for Maiden Lane between Nina Street and Selby Avenue. (File 418840) Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 68. Final Order - 97 -581 - In the matter of condemnation and taking of a permanent easement for right - of -way purposes in connection with the Wheeler Street/Munster Avenue Realignment Project. (File 418841) Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 69. Resolution - 97 -582 - To consider the vacation of property described as Subject to Short Line Road, Lot 6 except the west 10 feet, Lot 7, Block 8, Boulevard Addition. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 70. Resolution - 97 -583 - Approving a single family housing program to be financed by the issuance of single family mortgage revenue bonds and mortgage credit certificates. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) Suspension Items Resolution - 97 -506 - Staff recommendation regarding policy for promoting equal opportunity and diversity through the City's professional services contracting process. (Laid over from May 7) Laid over to May 28 Yeas - 7 Nays - 0 Resolution - 97 -544 - Concerning adverse action against licenses held by All Sports Cafe /Club Extreme, 2554 Como Avenue. Adopted Yeas - 7 Nays - 0 Resolution - 97 -584 - Approving application for a Liquor On Sale -B, Sunday On Sale Liquor, Entertainment -B, Restaurant -B. And Cigarette License by Grand American Restaurant Company 788 Grand Avenue. (ID 422876) Adopted Yeas - 7 Nays - 0 Resolution - 97 -585 - Scheduling a City Council closed meeting on May 19, 1997, at 1:30 p.m. in the Northwest Conference Room, 310 City Hall, to discuss labor negotiations. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120330\Minutes 5 -... 12/15/2010