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Minutes 8-27-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 27, 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 • For Discussion • Ordinances • Public Hearings • Suspension Item • Meeting as the Housing and Redevelopment Authority Present - 6 - Blakey, Bostrom, Collins, Harris, Megard, Morton Absent - 1 - Thune (Excused) 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 The following item was inadvertently omitted from the August 27 City Council agenda and was read into the record by Nancy Anderson: Report from the Administration for a potential $750,000 program for public street improvements, other fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 2 of 8 improvements, and retail promotion throughout the City. Laid over to September 17 Yeas - 6 Nays - 0 1. Claims of Raymond and Catherine Casby, Brendan Kruse, Everett Rudd, Jr., Charea Thompson, and Scot Woolf. Referred to Employee /Risk Management Division 2. Notice of Service of Amended Summons and Amended Complaint in the matter of Mark Larsen vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. Letters from Saint Paul Public Health declaring 1331 Bush Avenue, 452 Charles Avenue, 1369 Prosperity Avenue, 1451 Sherburne Avenue, and 701 Surrey Avenue as "nuisance properties ", and setting date of Legislative Hearings for September 2, 1997 and City Council Hearings for September 10, 1997. 4. Letters from Saint Paul Public Health declaring 1107 Burns Avenue, 741 Edmund Avenue, 404 Erie Street, 951 Margaret Street, 96 Robie Street West, and 1421 York Avenue as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Summons in Application for Registration in the matter of the application of Bernie Czeck to register title to real estate in Ramsey County described as the East of Lot 8, Block 1 Robertson and Van Etten's Addition in St. Paul. Referred to the City Attorney's Office 6. Communication from Saint Paul Animal Control dated August 18, 1997 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 7. Resolution - 97 -1038 - Congratulating the Area J Girl's Fastpitch Team. Adopted Yeas - 6 Nays - 0 8. Resolution - 97 -1039 - Approving an agreement establishing Achievement Plus Community Schools. Adopted as amended Yeas - 6 Nays - 0 9. Resolution - 97 -1040 - Agreeing to hold Shiely Company and Upper River Services, Inc. harmless from activities connected with the fireworks show to be held on Harriet Island on September 6, 1997. Adopted Yeas - 6 Nays - 0 10. Resolution - 97 -1041 - Authorizing the Department of Human Rights to retain the services of Kathleen Sheehy for services as law officer relative to the complaint of Beau James Morseth vs. Refrigeration Repairs and Billy Ray Nail vs. Refrigeration Repairs. Adopted Yeas - 6 Nays - 0 11. Resolution - 97 -1042 - Approving a budget revision in the General Government Accounts for Outside Attorney's Fees and Tort Claims. Adopted Yeas - 6 Nays - 0 12. Resolution - 97 -1043 - Finalizing City Council action taken August 13, 1997 revoking the taxicab driver's license of Carlos Rosillo. Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 3 of 8 13. Resolution - 97 -1044 - Approving the City's contract with Saint Paul Neighborhood Network (SPNN) effective until June 30, 1998. Adopted Yeas - 6 Nays - 0 14. Resolution - 97 -1045 - Allowing the owner an extension of time to complete rehabilitation of property located at 651 Watson Avenue. Adopted Yeas - 6 Nays - 0 15. Resolution - 97 -1046 - Authorizing Public Health participation in Minnesota Statute 65A.50 (withholding of insurance settlement proceeds of fire damaged buildings). Adopted Yeas - 6 Nays - 0 16. Resolution - 97 -1047 - Approving a budget resolution to implement Council File 97 -143 regarding the performance of Tim Fuller as Fire Chief. Adopted Yeas - 6 Nays - 0 17. Resolution - 97 -1048 - Applying additional Public Facilities Authority loans to the 1997 Capital Projects Fund (C97) for sewer inflow and infiltration construction. Adopted Yeas - 6 Nays - 0 18. Resolution - 97 -1049 - Requesting low interest loans through the Minnesota Public Facilities Authority for the inflow /infiltration program. Adopted Yeas - 6 Nays - 0 19. Resolution - 97 -1050 - Authorizing the City to enter into a grant agreement with the State of Minnesota for funding the improvement of Trunk Highway 5 from the Minneapolis -St. Paul Airport to Interstate Highway 35 -E. Adopted Yeas - 6 Nays - 0 20. Resolution - 97 -1051 - Setting date of public hearing for October 8, 1997 for ratification of 1997 Street /Alley Maintenance Service Charge to be assessed against benefitted property. Adopted Yeas - 6 Nays - 0 21. Resolution - 97 -1052 - Ratifying 1997 Street /Alley Maintenance Service Charge. (To be laid over to October 8 for adoption) Laid over to October 8 Yeas - 6 Nays - 0 22. Resolution - 97 -1053 - Setting date of public hearing for November 12, 1997 for proposal of 1998 Street /Alley Maintenance Service Charge to be assessed against benefitted property. Adopted Yeas - 6 Nays - 0 23. Resolution - 97 -1054 - Authorizing street maintenance for 1998 at basically the same level as 1997. (To be laid over to November 12 for adoption) Laid over to November 12 Yeas - 6 Nays - 0 24. Resolution - 97 -1055 - Extending the moratorium on recycling processing centers that operate an "automobile shredder" to bridge any gap in time between expiration of existing Ordinance 496 -624 and adoption of extension amendment. (See Item 434) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 4 of 8 25. Resolution - 97 -1056 - Releasing water utility easements in Lot 8 and part of Lot 9 in West Crocus Hill "B ". Adopted Yeas - 6 Nays - 0 26. Resolution - 97 -1057 - Accepting a parcel of land known as 197 Banfil Street from the Housing and Redevelopment Authority as an addition to North Highbridge Park. Adopted Yeas - 6 Nays - 0 27. Preliminary Order - 97 -1058 - In the matter of the design and improvement of the public open space, currently known as Capital Centre Plaza (to be renamed Ecolab Plaza), and setting date of public hearing for October 22, 1997. (File 418863) Adopted Yeas - 6 Nays - 0 28. Resolution Approving Assessment - 97 -1059 - In the matter of summary abatements (property clean- up) for July 1997; boardings -up of vacant buildings for July 1997; cost to install snowfencing along the east property line of 393 Sherburne Avenue; collect expenses involved for towing abandoned vehicles from properties for 1996; and summary abatements (property clean -up) for July through mid - August 1997, and setting date of Legislative Hearings for September 16, 1997, and City Council Hearings for October 1, 1997. (File 4TDBC1097, J9719113, JSUMISCA, J9710V, J9710A) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 29. Resolution - 97 -987 - Approving the 1997 Civic Organizations Partnership Program (COPP) allocation of funding for Project Fresh Start, Inc. Outreach for Youth Program. (Laid over from August 20) Adopted Yeas - 6 Nays - 0 30. Resolution - 97 -1037 - Directing the Department of Planning and Economic Development Director and the Housing and Redevelopment Authority to review all of the economic development programs administered by the Department to determine the most effective manner in which the goals of the Vendor Outreach Program can be applied and report back to the City Council by March 1, 1998, with specific recommendations and criteria. (Laid over from August 20) Adopted Yeas - 6 Nays - 0 31. Resolution - 97 -1060 - Approving the issuance of an approximate $6,000,000 tax - exempt and taxable conduit bond issue to National Checking Company for the acquisition and construction of a new facility of approximately 70,000 square feet in the Crosby Lake Business Park. Adopted Yeas - 6 Nays - 0 ORDINANCES 32. Final Adoption - 97 -840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84 of the Saint Paul Administrative Code. (Substitute introduced August 20) Amended and laid over to September 3 for final adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 5 of 8 Yeas - 6 Nays - 0 33. Final Adoption - 97 -913 - An ordinance amending the Saint Paul Legislative Code Section 140.10(2) extending the hours and days that the required temperatures must be maintained in the skyways. Adopted Yeas - 6 Nays - 0 34. First Reading - 97 -1061 - An ordinance extending the moratorium on recycling processing centers that operate an "automobile shredder" for the full 30 months or until the City has adopted any needed plan or zoning amendments concerning automobile metal shredders. (See Item 424) Laid over to September 3 for second reading PUBLIC HEARINGS (public hearings will begin at 4:30 p.m.) 35. Resolution - 97 -1062 - Approving application for a State Class B Gambling Premise Permit by Catholic Parents Club at Sherwood Lounge, 1418 White Bear Avenue North. (ID 413- 00812) Adopted Yeas - 6 Nays - 0 36. Resolution - 97 -1063 - Approving application for a Gambling Manager's License by Catholic Parents Club at Sherwood Lounge, 1418 White Bear Avenue North. (ID 449864) Adopted Yeas - 6 Nays - 0 37. Resolution - 97 -1064 - Approving application for a Restaurant -B, On Sale Malt (strong beer), and Wine On Sale License by D'Amico Catering Inc., dba D'Amico & Sons, 975 Grand Avenue. (ID 425729) Laid over to September 3 Yeas - 6 Nays - 0 38. Resolution - 97 -1065 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 1571 Maryland Avenue, 900 DeSoto Street, 284 South Exchange Street, 625 North Chatsworth Street, 262 West Seventh Street, and 853 Maryland Avenue East. Adopted Yeas - 6 Nays - 0 39. Resolution - 97 -1014 - Ordering the owner to remove or repair the building at 106 Congress Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from August 13) Laid over to September 24 Yeas - 6 Nays - 0 40. Resolution - 97 -1066 - Ordering the owner to remove or repair the building at 747 Central Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to February 19, 1998 if a $2,000 bond is posted by noon on August 27, 1997) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 41. Resolution - 97 -1067 - Ordering the owner to remove or repair the building at 737 Cypress Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 6 of 8 42. Resolution - 97 -1068 - Ordering the owner to remove or repair the building at 952 Jenks Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 6 Nays - 0 (Remove or repair within five days) 43. Resolution - 97 -1069 - Ordering the owner to remove or repair the building at 954 Jenks Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 6 Nays - 0 (Remove or repair within five days) 44. Resolution - 97 -1070 - Ordering the owner to remove or repair the property at 617 York Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Laid over to September 10 Yeas - 6 Nays - 0 45. Appeal of Milton Evenson to a Summary Abatement Order for property at 733 Wells Street. (Legislative Hearing Officer recommends granting the appeal due to inadequate notification) Appeal granted (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 46. Appeal of Barbara Hill to a Summary Abatement Order for property at 1261 Seventh Street East. (Legislative Hearing Officer recommends denying the appeal) Appeal denied (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 47. Appeal of Harry & Patricia Jones to a Summary Abatement Order for property at 750 Charles Avenue. (Legislative Hearing Officer recommends denying the appeal with respect to the parking issue and installing house numbers on the garage; however, the compliance date for painting the garage has been extended to September 22) Appeal denied (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 48. Appeal of Pham Express Real Estate Services to a Summary Abatement Order for property at 803 Sherburne Avenue. (Legislative Hearing Officer recommends granting the appeal) Appeal granted Yeas - 6 Nays - 0 49. Final Order - 97 -1071 - In the matter of sidewalk reconstruction on both sides of East Montana Avenue from North White Bear Avenue to North Hazel Street. (File 4S97094) (Laid over from August 13) Adopted Yeas - 6 Nays - 0 50. Final Order - 97 -1026 - In the matter of sidewalk reconstruction on the west side of Algonquin Avenue from Stillwater Avenue to Case Avenue, both sides of North Hazel Street from East Fifth Street to Margaret Street & the east side of North Hazel Street from East Fourth Street to East Fifth Street, both sides of North Howard Street from Wilson Avenue to Conway Street and both sides of Howard Court from North Howard Street to the cul -de -sac, both sides of Margaret Street from North White Bear Avenue to North Hazel Street, and both sides of Tower Street from Wilson Avenue to Conway Street. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 7 of 8 (File 4597096 - 597100) (Laid over from August 13) Adopted Yeas - 6 Nays - 0 51. Final Order - 97 -1072 - 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. (File 41885 1) Adopted Yeas - 6 Nays - 0 52. Final Order - 97 -1073 - 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). (File #18851 -5) Adopted Yeas - 6 Nays - 0 53. Final Order - 97 -1074 - In the matter of condemning and taking a temporary construction easement for the improvement of Swede Hollow Park. (File 418862) Adopted Yeas - 6 Nays - 0 54. Resolution Ratifying Assessment - 97 -1075 - In the matter of demolition of vacant building for March 1997 for property at 608 York Avenue. (File 4J9709C1) (Laid over from August 13) Laid over to September 24 Yeas - 6 Nays - 0 55. Resolution Ratifying Assessment - 97 -1076 - In the matter of installation of storm sewer service connections, as requested by the property owners, in conjunction with the Maryland /Dale Area Project. (File 418609 -6) Adopted Yeas - 6 Nays - 0 56. Public hearing 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. (Rescheduled from June 25) Motion of Intent - Appeal Denied Yeas - 5 Nays - 1 (Collins) 57. Public hearing to consider a proposal of the Port Authority of the City of Saint Paul to adopt a Tax Increment Financing Plan for the Plastics, Inc. Redevelopment and Hazardous Substance Subdistrict Tax Increment Financing District. (Public hearing to be laid over to September 10) Laid over to September 10 Yeas - 6 Nays - 0 Suspension Item Resolution - 97 -1077 - Accepting a $100,000 grant from the Minnesota Department of Public Safety on behalf of the District 6 Community Council for a joint youth /police project and authorizing the execution of a funding agreement as set forth by state statute. Adopted Yeas - 6 Nays - 0 Adjournment file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010 Page 8 of 8 There followed a meeting of the Council acting as the Housing and Redevelopment Authority fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120649\Minutes 8 -... 12/15/2010