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Minutes 7-2-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 2, 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 Web Index • Consent Agenda • For Action • Administrative orders • For Discussion • Ordinances • Suspension Items Present - 4 - Harris, Megard, Morton, Thune Absent - 3 - Blakey, Collins (Excused) Bostrom (Arrived later in the meeting) 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 June 2 and June 4, 1997. Adopted Yeas - 4 Nays - 0 2. Claims of Steve Armstrong, Herbert English, Geraldine Evenson, Terry Gaetke, Mark Haren, Heather Shaw, Roy Steiner, and Mary Stimac. Referred to Employee /Risk Management Division 3. Summons and Class Action Complaint in the matter of Black Fire Fighters United, et al. vs. the City file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 2 of 8 of Saint Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Gregg Perkins, dba St. Paul Firearms Company, vs. the City of Saint Paul, et al. 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 July 9, 1997 to consider the request of Capital Event Management for a sound level variance for three concerts on Harriet Island on July 12, August 9 and September 27, 1997. 6. Letters from Saint Paul Public Health declaring 369 Fuller Avenue, 1528 Grand Avenue, 702 Lawson Avenue East, and 421 Wabasha Street South as "nuisance properties ", and setting date of Legislative Hearings for July 15, 1997 and City Council Hearings for July 23, 1997. 7. Letter from Saint Paul Public Health declaring 737 Cypress Street as "nuisance property." (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 8. Communication from Saint Paul Animal Control dated June 23, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 9. Administrative Orders: D001249 Deduction of $1,685.00 from the contract for Rice & Arlington Sports Dome - Part Two (Parking Lot). Laid over to July 16 Yeas - 4 Nays - 0 D001250 Addition of $8,686.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp Alternate A. D001251 Addition of $6,405.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Multiscope - Parking Ramp Alternate A. D001252 Authorizing an in -house training session for the Libraries combined with the annual staff recognition event funded by the Minnesota Foundation, Perrie Jones Library Fund. D001253 Additions of $28,907.00 to the contract for Rice & Arlington Sports Dome Support Building. Noted as on file in the City Clerk's Office D001254 Amending the spending and financing plans of the 1997 Capital Improvement Budget for Ohio Street reconstruction by transferring funding from MSA Contingency and the Alley projects. Laid over to July 16 Yeas - 4 Nays - 0 D001255 Transferring 1996 Major Sewer Repair funding to the Burlington Pond. D001256 Authorizing the Saint Paul Police Department Critical Incident Response Team to utilize the United States Army's advanced training facility at Camp Ripley on September 14 -17, 1997. D001257 Addition of $125,500.00 to the contract to furnish labor and material to provide tuckpointing at the Central Library and Hill Reference Library. Noted as on file in the City Clerk's Office 10. Resolution - 97 -766 - Approving the appointments of Susan Bronner, Michael Garsteig, Nikita fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 3 of 8 Godette, Alan Herman, Jean LaClare, and Darrell Paulsen and the reappointments of Linda Lattin, Lynne Megan, Kari Olson, Kathleen Schwarten, and Michael Zeledon, by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (Laid over from June 25 for adoption) Adopted Yeas - 4 Nays - 0 11. Resolution - 97 -823 - Approving the appointment of Jennifer Engh, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from June 25) Adopted Yeas - 4 Nays - 0 12. Resolution - 97 -824 - Approving the appointment of Councilmember Michael Harris, Ann Briseno and State Representative Steve Trimble, and the reappointments of County Commissioner Rafael Ortega, Councilmember David Thune, James Adams, Richard Anfang, Carl Drake, and David Lilly by Mayor Coleman, to the Saint Paul Riverfront Corporation. (To be laid over one week for adoption) Laid over to July 9 for adoption 13. Resolution - 97 -825 - Approving the appointments of Marsha Lea Andrews, Mr. R. D. Brown, Gabrielle Lawrence, Lucille McCarty and Ann Short, and the reappointments of Nancy White, Lucie Ferrell and Mary Huot, by Mayor Coleman, to the Saint Paul- Ramsey County Community Health Services Committee. (To be laid over one week for adoption) Laid over to July 9 for adoption 14. Resolution - 97 -826 - Approving the 1997 Collective Bargaining Agreement between the City of Saint Paul and the International Association of Fire Fighters, AFL -CIO Local 21. (To be laid over one week for adoption) Laid over to July 9 for adoption 15. Resolution - 97 -827 - Approving the 1997 -1998 Agreement between the City of Saint Paul and Local Union 41842, District Council No. 14 of the American Federation of State, County and Municipal Employees AFL -CIO. (To be laid over one week for adoption) Laid over to July 9 for adoption 16. Resolution - 97 -828 - Approving the 1997 -1998 Agreement between the City of Saint Paul and Local Union 42508, District Council No. 14 of the American Federation of State, County and Municipal Employees AFL -CIO. (To be laid over one week for adoption) Laid over to July 9 for adoption 17. Resolution - 97 -829 - Approving the October 1, 1996 through September 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers Lodge 4647. (To be laid over one week for adoption) Laid over to July 9 for adoption 18. Resolution - 97 -830 - Approving a Joint Purchasing Agreement with Dakota County. Adopted Yeas - 4 Nays - 0 19. Resolution - 97 -831 - Amending the 1997 budget so that the Community Development Block Grant program (CDBG) will receive program income. Adopted Yeas - 4 Nays - 0 20. Resolution - 97 -832 - Authorizing Capital Event Management to use the Division of Parks and fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 4 of 8 Recreation's 3.2 beer and wine licenses at Harriet Island Park for concerts on July 12, August 9 and September 20, 1997. Adopted Yeas - 4 Nays - 0 21. Resolution - 97 -833 - Finalizing City Council action taken May 7, 1997 denying the appeal of Judy Beck, Her and Marilyn Vogel and Pam Brandt to a decision of the board of Zoning Appeals granting variances to construct an eight unit townhouse development at 496 Laurel Avenue. Laid over to July 9 Yeas - 4 Nays - 0 22. Preliminary Order - 97 -834 - In the matter of improving the north -south alley in Military Addition from Morton Street to approximately 90 feet north of Morton Street (bounded by Ottawa, Baker, Smith and Morton) by grading and paving with bituminous material, and setting date of public hearing for August 27, 1997. (File 41885 1) Adopted Yeas - 4 Nays - 0 23. Preliminary Order - 97 -835 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts, and fills in the grading and paving of the north -south alley in Military Addition from Morton Street to 90 feet north of Morton Street (bounded by Ottawa, Baker, Smith and Morton), and setting date of public hearing for August 27, 1997. (File 418851 -S) Adopted Yeas - 4 Nays - 0 24. Resolution Approving Assessment - 97 -836 - In the matter of installation of storm sewer service connections, as requested by the property owners, in conjunction with the Maryland /Dale Area Project, and setting date of public hearing for August 27, 1997. (File 418609 -6) Adopted Yeas - 4 Nays - 0 FOR DISCUSSION 25. Report from the Administration on the progress of the Electronic Computerized License Inspection and Permit System (ECLIPS) (Laid over from June 18) A report was presented. An update will be provided on August 13, 1997. 26. Resolution - 97 -599 - Establishing a two -year phase -out of the special assessment for the annual operation and maintenance of Town Square Park Loft. (Laid over from June 11) Laid over to July 9 Yeas - 5 Nays - 0 27. Resolution - 97 -762 - Directing the appropriate City Departments to issue code compliance orders to repair houses and two to three unit apartment buildings immediately after the house or apartment is listed by HUD. (Laid over from June 18) Laid over to July 9 Yeas - 5 Nays - 0 28. Resolution - 97 -780 - Authorizing the issuance of General Obligation Tax Increment Bonds to provide funds to acquire Block 39 and prepare for Lawson Center development; and approving the execution of a pledge agreement with respect to the Lawson Center development financing. (Laid over from June 25) Laid over to July 9 Yeas - 5 Nays - 0 29. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Laid file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 5 of 8 over from June 25) Snow plowing plan was accepted Yeas - 5 Nays - 0 30. Resolution - 97 -837 - Directing the Affirmative Action Director and the Director of Human Rights, in conjunction with the Civil Service Commission, to develop a plan to eliminate racial and sexual discrimination in the workplace. Laid over to July 9 Yeas - 5 Nays - 0 ORDINANCES 31. Final Adoption - 97 -564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to Nuisance Abatement. (Laid over from May 28) Adopted Yeas - 5 Nays - 0 32. Third Reading - 97 -760 - An ordinance finalizing City Council action approving a petition of the Saint Paul Housing and Redevelopment Authority to rezone property located at 688 Third Street East from B -2 to RT -1. (Public hearing held May 28, 1997) Laid over to July 9 for final adoption 33. Second Reading - 97 -781 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. (Selby Avenue 40 -Acre Study) Laid over to July 9 for third reading /public hearing 34. First Reading - 97 -838 - An ordinance to reduce the fee for Animal Institutional Use from $400 to $200 to reflect actual cost. Withdrawn 35. First Reading - 97 -839 - An ordinance amending the Saint Paul Legislative Code by adding language and creating a new section describing circumstances to establish intent to loiter for the purpose of distributing illegal narcotics. Also creates a new section requiring a probationary order that prohibits return to the geographical location where the crime occurred. Laid over to July 9 for second reading 36. First Reading - 97 -840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84 of the Saint Paul Administrative Code. Laid over to July 9 for second reading 37. First Reading - 97 -841 - An ordinance amending the Saint Paul City Charter to require City employees to take leaves of absence during terms served in elective offices. Laid over to July 9 for second reading PUBLIC HEARINGS (Public Hearings will begin at 4:30 p.m.) 38. Third Reading - 97 -761 - An ordinance amending the Saint Paul Legislative Code, Section 33.03, to improve authority to the building official to grant vacant building repair extensions when appropriate. Laid over to July 9 for final adoption 39. Resolution - 97 -792 - Approving application for a Gambling Manager's License by Neill J. O'Neill, dba St. Paul Festival and Heritage Foundation, at Mr. Patom's, 995 7th Street West. (ID 483829) (Laid file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 6 of 8 over from June 25) Adopted Yeas - 4 Nays - 0 40. Resolution - 97 -842 - Approving application for a New Motor Vehicle Dealer and Second Hand Dealer -Motor Vehicle License by Health East Transportation, 481 Front Avenue. (ID 444204) Adopted Yeas - 4 Nays - 0 41. Resolution - 97 -843 - Approving application for a Wine On Sale, On Sale Malt (3.2) and Restaurant - B License by Kims Inc., dba Korean Restaurant Shilla, 694 Snelling Avenue North. (ID 477741) Adopted Yeas - 4 Nays - 0 42. Resolution - 97 -57 - Ordering the owner to remove or repair the building at 786 Randolph Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from April 9) Adopted as amended Yeas - 4 Nays - 0 (Remove or repair within 180 days) 43. Resolution - 97 -722 - Ordering the owner to remove or repair the building at 1359 Blair Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to October 11, 1997) (Laid over from June 25) Adopted as amended Yeas - 4 Nays - 0 (Remove or repair by August 11, 1997, with conditions) 44. Final Order - 97 -844 - In the matter of grading and paving Mystic Street from Burlington Road to approximately 400 feet south of Burlington Road, and constructing sanitary sewer service and water service connections, if requested by the property owner. (File 418846 & 18846WC) Adopted as amended Yeas - 4 Nays - 0 45. Resolution Ratifying Assessment - 97 -845 - In the matter of improving the platted roadway in the Williams Hill Business Park from University Avenue to Mississippi Street (Phase 1). (File 418844) Adopted Yeas - 4 Nays - 0 46. Resolution Ratifying Assessment - 97 -846 - In the matter of sidewalk reconstruction on the west side of Westminster Street from East Hoyt Avenue to approximately 400 feet south of East Hoyt Avenue; the north side of Topping Street from Mackubin Street to North Western Avenue; the north side of West Cook Avenue from Rice Street to Albemarle Street; the south side of West Cook Avenue from Rice Street to Galtier Street; and the west side of Woodbridge Street from West Cook Avenue to West Jessamine Avenue at 1091, 1097 and 1099 Woodbridge Street only. (File 4S95047, S95074, S96042- S96044) Adopted Yeas - 4 Nays - 0 47. Resolution Ratifying Assessment - 97 -847 - In the matter of sidewalk reconstruction on the north side of Stillwater Avenue from North Hazel Street to North Ruth Street; the north side of Stillwater Avenue from North Ruth Street to Nokomis Avenue; the south side of Stillwater Avenue from North Ruth Street to Nokomis Avenue; and the south side of Stillwater Avenue from North Hazel Street to North Ruth Street. (File 4S95090, S95091, S95100, S95101) Adopted Yeas - 4 Nays - 0 48. Resolution Ratifying Assessment - 97 -848 - In the matter of sidewalk reconstruction on both sides of fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 7 of 8 Kent Street from Ashland Avenue to Holly Avenue; the south side of Iglehart Avenue from North Chatsworth Street to North Oxford Street; both sides of Hague Avenue from North Avon Street to Fisk Street and the east side of Fisk Street from Selby Avenue to Hague Avenue; both sides of Iglehart Avenue from North Victoria Street to North Milton Street; and the east side of North St. Albans Street from Hague Avenue to Laurel Avenue at 678 Hague Avenue only. (File 4596001, 596009, 596020, 596021, 596047) Adopted Yeas - 4 Nays - 0 49. Resolution Ratifying Assessment - 97 -849 - In the matter of sidewalk reconstruction on both sides of Maria Avenue from Euclid Street to Surrey Avenue; both sides of East Montana Avenue from Flandrau Street to North White Bear Avenue; both sides of Ross Avenue from Flandrau Street to North White Bear Avenue; and both sides of East Seventh Street from Hazelwood Street to Germain Street. (File 4596005, 596045, 596048, 596049) Adopted Yeas - 4 Nays - 0 50. Resolution Ratifying Assessment - 97 -850 - In the matter of sidewalk reconstruction on both sides of Banfil Street from Dousman Street to North Smith Avenue; the northwest side of Adrian Street from Albion Avenue to Alaska Avenue at 1717 & 1729 Adrian Street only; the north side of Goodhue Street from Cliff Street to Dousman Street at 245 Goodhue Street only; the north side of James Avenue from Toronto Street to West Seventh Street at 966 West Seventh Street only; and the north side of Goodrich Avenue from Garfield Street to South Western Avenue. (File 4596012, 596023, 596026, 596027, 596032) Adopted Yeas - 4 Nays - 0 51. Resolution Ratifying Assessment - 97 -851 - In the matter of sidewalk reconstruction on the south side of Beechwood Avenue from Davern Street to South Fairview Avenue at 1716 Beechwood Avenue only; the north side of Eleanor Avenue from South Chatsworth Street to Rogers Street at 989 Eleanor Avenue only; the south side of Fairmount Avenue from South Syndicate Street to South Hamline Avenue at 1336 Fairmount Avenue only; the north side of Ford Parkway from South Snelling Avenue to Macalester Street at 1631 Ford Parkway only; and both sides of Kenneth Street from Bohland Avenue to Saunders Avenue. (File 4596016, 596017, 596038, 596039, 596050) Adopted Yeas - 4 Nays - 0 52. Public hearing to consider the application of Metropolitan State University to rezone property from P -1 (parking) to B -2 (community business) to allow construction of a greenhouse facility for a joint education program with the Minnesota Department of Agriculture at 4XX Maria Avenue (southwest side between 7th and 8th Streets) Motion of intent - Application granted Yeas - 4 Nays - 0 Suspension Items Communication from the Real Estate Division announcing a public hearing before the City Council on July 9, 1997 for construction of a sanitary sewer /connections and water main /connections in Return Court from Worcester Avenue to approximately 180 feet south of Worcester Avenue. Resolution - 97 -852 - Requesting the Administration restore municipal services, repair and restore streets and essential public facilities, due to storm damage, as quickly as possible, and that a report be presented to the City Council on July 16, 1997. Adopted Yeas - 4 Nays - 0 (Blakey, Bostrom, Collins not present) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010 Page 8 of 8 Resolution - 97 -853 - Accepting from Minnesota Hockey NHL and its officers and agents the donation of travel expenses, lunches, and incidental expenses for Mayor Coleman and Councilmember Harris to travel to communities with team officials and others to build support for the hockey team to be located in Saint Paul. Adopted Yeas - 5 Nays - 0 (Blakey and Collins not present) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120537\Minutes 7 -... 12/15/2010