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Minutes 6-4-1997Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 4, 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 • Discussion • Ordinances • Public Hearings • Misscellaneous • Reconsidered Item • Suspension Item Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, 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 April 30, 1997 and April 30, 1997 Closed Door Session. Adopted Yeas - 7 Nays - 0 2. Claims of Farmers Insurance Group (for Stephen Schuweiler), Robert Friedline, Lynn McClung, fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 2 of 7 Paula Myhre, State Farm Insurance (for Sonja Devine), David Sundmark & Robert Elm, Twin City Yellow Taxi, Inc., and Lee Xiong. Referred to Employee /Risk Management Division 3. Summons and Complaint in the matter of Susan Berkovitz vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Dorothy Johnson vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on June 11, 1997, to consider the application for a sound level variance by the St. Paul Saints Baseball Club for music concerts at Midway Stadium on June 28 and July 17, 1997 from 12 noon to 10:00 p.m. 6. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on June 11, 1997 to consider the appeal of Harry Mandik, et al. to a decision of the Board of Zoning appeals granting a variance to allow construction of a detached garage on a zoning lot other than the lot of the principle residence at 2100 Minnehaha Avenue East. 7. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on forme -11 June 25,1997 to consider the appeal of William & Kathryn Babcock to a decision of the Board of Zoning Appeals granting a variance to allow parking within a required side yard to continue at 459 Portland Avenue. Public hearing rescheduled to June 25 Yeas - 7 Nays - 0 8. Letters from Saint Paul Public Health declaring 672 Blair Avenue, 924 Forest Street, 1528 Grand Avenue, and 694 Sherburne Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Communication from Saint Paul Animal Control dated May 27, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 10. Administrative Orders: D001237 Addition of $50,000.00 to the contract for Saint Paul Civic Center expansion, CP -4 Building Construction. Noted as on file in the City Clerk's Office 11. Resolution - 97 -605 - Approving the appointment of Eric Schubert and the reappointments of Robert Morgan and Diana Rodriguez, by Mayor Coleman, to the Saint Paul Neighborhood Network. (Laid over from May 28 for adoption) Adopted Yeas - 7 Nays - 0 12. Resolution - 97 -677 - Adopting the Findings of Fact and Conclusions of the Administrative Law Judge pertaining to licenses held by Lewis Stevens, dba Civic Center Auto Services, 459 Toronto Street. Adopted Yeas - 7 Nays - 0 13. Resolution - 97 -678 - Allowing the Saint Paul Saints Northern League Baseball Club to use the City's 3.2 beer license at Midway Stadium. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 3 of 7 Adopted Yeas - 7 Nays - 0 14. Resolution - 97 -679 - Transferring 1996 Major Sewer Repair funding to the Phalen Wetland Restoration project. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -680 - Amending the 1996 and 1997 Residential Street Paving project budgets. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -681 - Transferring 1997 MSA Contingency -97 to the Prosperity- Johnson Parkway to Rose Avenue project for design work. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -682 - Authorizing the City Employee Services Committee to solicit donations for the Employee Picnic to be held the evening of August 7. Adopted Yeas - 7 Nays - 0 18. Resolution - 97 -683 - Recommending that the Selby beat officer be housed at J.J. Hill School as part of a cooperative agreement with the Saint Paul School Board. Laid over to June 25 Yeas - 7 Nays - 0 19. Resolution - 97 -684 - Authorizing execution of a Lease Agreement for office space in the Lowry Professional Building for the Payroll Project. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -685 - Authorizing the withholding of tax forfeit parcels from public sale. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 21. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Laid over from May 14) Laid over to June 25 Yeas - 7 Nays - 0 22. Resolution - 97 -686 - Directing the Department of Planning and Economic Development to work with the Ramsey County Tax Department to resolve outstanding issues on transference of tax forfeit property by July 1, 1997 and to work with HUD and other necessary agencies, private developers or community organizations to develop a policy to assist community groups with acquisition and site assembly by July 1, 1997 for the Capital City Development Program. Laid over to June 18 Yeas - 7 Nays - 0 23. Resolution - 97 -687 - Directing the Department of Planning and Economic Development to continue to work to collapse funding programs and their reporting requirements so that funds can be pooled for greater flexibility across the City, develop a plan to reduce the City and Federal reporting requirements to a single reporting form, and to request the necessary federal waivers to accomplish this task by August 1, 1997 for the Capital City Development Program. Laid over to June 18 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 4 of 7 24. Resolution - 97 -688 - Increasing the subsidy level for housing redevelopment in the City. Laid over to June 18 Yeas - 7 Nays - 0 25. Resolution - 97 -689 - Rescinding the sprinkler mandate created by Council File 88 -1400. Laid over to June 18 Yeas - 7 Nays - 0 26. Resolution - 97 -690 - Authorizing the execution and delivery of a Joint Pledge Agreement in connection with the issuance by the Housing and Redevelopment Authority of the City of Saint Paul of its tax increment revenue refunding bonds (downtown tax increment district), Series 1998, and authorizing other actions in connection therewith (related to Lawson Software Company). Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) ORDINANCES 27. Final Adoption - 97 -565 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to zoning; cellular telephone amendments. Amended and laid over to June 11 for final adoption Yeas - 7 Nays - 0 28. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 29. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 30. Second Reading - 97 -601 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages within a sidewalk cafe on Harriet Island. Substitute introduced and laid over to June 11 for third reading /public hearing Yeas - 7 Nays - 0 31. Second Reading - 97 -602 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. Substitute introduced and laid over to June 11 for third reading /public hearing Yeas - 7 Nays - 0 32. Second Reading - 97 -603 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. Substitute introduced and laid over to June 11 for third reading /public hearing Yeas - 7 Nays - 0 33. Second Reading - 97 -604 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to expand the area lying within the Downtown Business District for the purpose of sale and service of alcoholic beverages within a sidewalk cafe. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 5 of 7 Substitute introduced and laid over to June 11 for third reading /public hearing Yeas - 7 Nays - 0 34. Second Reading - 97 -625 - An ordinance amending Chapter 246 of the Legislative Code to allow consumption of alcohol on public streets which are blocked off as part of a block party, festival or community event in the Downtown Business District. Substitute introduced and laid over to June 11 for third reading /public hearing Yeas - 7 Nays - 0 PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 35. Resolution - 97 -630 - Approving application for a Restaurant -B, Entertainment -B, Gambling Location -A, Sunday On Sale Liquor, and Liquor on Sale -A License by Richard A. DeFoe Enterprises Inc., dba Club Cancun, 1638 Rice Street. (ID 496027) (Laid over from May 28) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 36. Resolution - 97 -691 - Approving application for a Cigarette, Entertainment -A, Liquor On Sale -A, and Restaurant -B License by RNDT, Inc., dba McColl's Dining, 175 5th Street. (ID 428574) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 37. Resolution - 97 -692 - Approving application for a Wine On Sale and On Sale Malt (strong beer) license by D & D of Minnesota, Inc., dba Famous Dave's BBQ Shack, 1902 7th Street West. (ID 411929) Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 38. Resolution - 97 -693 - Approving application for a Parking Lot /Ramp License by Dart Transit Company, dba Dart Transit Company, 431 Kellogg Boulevard. (ID 438507) Adopted Yeas - 7 Nays - 0 39. Resolution - 97 -694 - Concerning adverse action against licenses held by Bram Corporation, dba Arcade Bar, 932 Arcade Street. (Uncontested) Withdrawn 40. Resolution - 97 -695 - Concerning adverse action against licenses held by H.K., Inc., of St. Paul, dba Michael's, 1179 7th Street East. (Uncontested) Withdrawn 41. Resolution - 97 -696 - Concerning adverse action against licenses held by Shannon Kelly's, Inc., 395 Wabasha Street North. (Uncontested) Withdrawn 42. Resolution - 97 -697 - Concerning adverse action against Journeyman's Plumber and Gas Fitter Competency Card and Business License held by David L. Grindland, 2953 Jordan Court, Woodbury, MN. (Uncontested) Adopted as amended Yeas - 5 Nays - 1 (Blakey) (Harris not present for vote) 43. Resolution - 97 -698 - Concerning adverse action against Master Plumber and Gas Fittter Competency Card and Business License held by Robert C. Wyllie, 89 Winnipeg Avenue. (Uncontested) Adopted as amended Yeas - 5 Nays - 2 (Blakey, Harris) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 6 of 7 44. Resolution - 97 -699 - Concerning the Renewal Application for Taxicab Driver's License held by Daniel R. Beckman, 1057 Portland Avenue. (Uncontested) Laid over to June 25 Yeas - 6 Nays - 0 (Collins not present for vote) 45. Resolution Ratifying Assessment - 97 -700 - 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 & 2394 Valentine Avenue and 2082 & 2084 East Fourth Street. (File 4S96051) Adopted Yeas - 6 Nays - 0 (Collins not present for vote) 46. Resolution Ratifying Assessment - 97 -701 - In the matter of improving the east -west alley in Block 7, Eastville Heights Addition (bounded by Rose, Forest, Geranium and Mendota). (File 418787) Adopted Yeas - 6 Nays - 0 (Collins not present for vote) 47. Resolution Ratifying Assessment - 97 -702 - In the matter of improving the alley in Block 15 and in the block indicated as Iron Works on the recorded plat, Rice Street Villas (bounded by Marion, Nebraska, Albemarle and Arlington). (File 418809) Adopted Yeas - 6 Nays - 0 (Collins not present for vote) 48. Resolution Ratifying Assessment - 97 -703 - 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 (Collins not present for vote) 49. Resolution Ratifying Assessment - 97 -704 - In the matter of construction of storm sewer stub connections for the 1995 inflow and infiltration project. (File 418842) Adopted Yeas - 6 Nays - 0 (Collins not present for vote) 50. Final Order - 97 -705 - In the matter of improving pedestrian access and safety at Dunning Parks through bumpouts and a traffic signal installation. (File 418843) Adopted Yeas - 6 Nays - 0 (Collins not present for vote) 51. Public hearing to consider the appeal of John Kratz to a decision of the Planning Commission denying a special condition use permit to allow cluster development with eight (8) dwelling units east of Lexington Parkway between Juliet and Palace Avenues. Motion of intent - Appeal Denied Yeas - 7 Nays - 0 MISCELLANEOUS 52. Recognition of retiring City employee. Reconsidered Item Resolution - 97 -656 - Concerning adverse action against cigarette license held by Governor's, 959 Arcade Street. (Uncontested) (Adopted May 28, 1997) Reconsidered, substitute introduced and adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010 Page 7 of 7 Suspension Item Resolution - 97 -706 - Approving change of color scheme and monograms of seven taxicab licenses renewed under a temporary management agreement by Robert Stone. Adopted Yeas - 5 Nays - 0 (Blakey & Bostrom not present for vote) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120513\Minutes 6 -... 12/15/2010