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Minutes 9-10-1997Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 10, 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 • Public Hearings • Suspension Items • Meeting as the Housing and Redevelopment Authority 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 July 23 and July 30, 1997. (Laid over from September 3) Adopted Yeas - 7 Nays - 0 2. Claims of Terry Bradley, Heather Clarkson, Lawrence Johnson, Jr., and Chris Yang. Referred to Employee /Risk Management Division file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 2 of 8 3. Notice of Motion and Motion for Temporary Restraining Order in the matter of Robert Zeimet vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on September 24, 1997 to consider the appeal of St. Anthony Park Community Council to a decision of the Planning Commission granting variances to Universal Outdoor, Inc. for establishment of an advertising sign at 2100 Gilbert Avenue. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on September 24, 1997 to consider the appeal of St. Anthony Park Community Council to a decision of the Planning Commission granting variances to Midwest Outdoor Advertising for establishment of an advertising sign at the northeast corner of I -94 and Vandalia Street. 6. Letters from Saint Paul Public Health declaring 807 -809 Buffalo Street, 881 Desoto Street, 1050 Iglehart Avenue, and 613 Minnehaha Avenue East as "nuisance properties ", and setting date of Legislative Hearings for September 16, 1997 and City Council Hearings for September 24, 1997. 7. Letters from Saint Paul Public Health declaring 425 Goodrich Avenue, 951 Jessamine Avenue East, and 1035 Magnolia Avenue East as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 13. Administrative Orders: D001310 Addition of $16,308.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. D001311 Addition of $10,723.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. D001312 Addition of $13,370.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Mechanical - Parking Ramp. D001313 Transferring money in the Office of Human Resources to purchase a personal computer and use the lease program to replace a 486 computer. D001314 Amending the spending plans for activities 02155 & 02281 in the Department of Public Works. D001315 Adopting a policy statement addressing safety equipment and shut down of dangerous operations which supersedes the policy statement adopted under Executive Order E -7 dated December 10, 1974. D001316 Authorization to pay Close Landscape Architecture an amount not to exceed $7,500.00 for additional services in connection with completion of the Como Zoo and Conservatory Comprehensive Landscape Plan. D001317 Authorizing the Office of Human Resources to reimburse vendors, not to exceed $4,000.00, for costs incurred for the 10th Annual Conference for Clerical Staff on October 8 & 9, 1997. D001318 Addition of $214.00 to the contract for McMurray Field Soccer Development. Noted as on file in the City Clerk's Office 9. Resolution - 97 -1078 - Approving the appointment of James Jordan, M.D., by Mayor Coleman, to the Saint Paul- Ramsey County Community Health Services Advisory Committee. (Laid over from September 3 for adoption) Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 3 of 8 10. Resolution - 97 -1079 - Approving the appointments of Nancy Tracy, Robert R. Engelhardt, and Vic Wittgenstein, by Mayor Coleman, to Our Fair Carousel Board of Directors. (Laid over from September 3 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 97 -1080 - Approving the 1997 -1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. (Laid over from September 3 for adoption) Adopted Yeas - 7 Nays - 0 12. Resolution - 97 -1081 - Approving the May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. (Laid over from September 3 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 97 -1100 - Acquiring a permanent easement for storm sewer purposes around the Knox Lumber Company on Prior Avenue and approving compensation for said easement. Adopted Yeas - 7 Nays - 0 14. Resolution - 97 -1101 - Approving a lease agreement for 6.3 acres of vacant land at the State Fair Grounds for use as an impound lot. Adopted Yeas - 7 Nays - 0 15. Resolution - 97 -1102 - Approving the 1997 -1998 Snow Operations Plan; establishing reserved fund balance in the Street Repair and Cleaning Fund; directing methods for achieving the appropriate reserve; purchase of a new road salt storage building and additional property for heavy snow removal dumping; and accepting the State of Minnesota Local and State Government Severe Weather Effects Mitigation Grant. Adopted Yeas - 7 Nays - 0 16. Resolution - 97 -1103 - Authorizing the proper City officials to accept and expend $99,280.00 of grant funding from the Minnesota Department of Human Services for the Night Moves Program. Adopted Yeas - 7 Nays - 0 17. Resolution - 97 -1104 - Amending C.F. 97 -821, adopted June 25, 1997, by indemnifying Ryan for any damages incurred under the contract for the construction of a new facility for the Minnesota Department of Revenue in the Capitol Area. Adopted Yeas - 7 Nays - 0 18. Resolution - 97 -1105 - Approving Chapter 129, Article 1, Section 10, Laws of Minnesota 1997, authorizing issuance of intoxicating liquor license to the Division of Parks and Recreation. Adopted Yeas - 7 Nays - 0 19. Resolution - 97 -1106 - Approving Chapter 129, Article 1, Section 9, Laws of Minnesota 1997, authorizing the sale of intoxicating liquor at professional athletic events at the Civic Center. Adopted Yeas - 7 Nays - 0 20. Resolution - 97 -1107 - Approving a budget resolution to implement C.F. 97 -1001, adopted August 13, 1997, designating Mississippi River Boulevard as a "bicycle route." Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 4 of 8 21. Resolution - 97 -1108 - Requesting that the Administration call together an Action Team to prepare a plan to increase Equal Opportunity goals and increase the hiring and retention of City employees by expanded outreach. Adopted Yeas - 7 Nays - 0 22. Resolution - 97 -1109 - Accepting the Council Research Report "Gun Violence Prevention: A Study of Programs from Twelve U.S. Cities ", and scheduling a policy discussion for October 15, 1997. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 23. Resolution - 97 -1110 - Supporting working people's right to organize. Adopted Yeas - 7 Nays - 0 24. Administrative Orders: D001295 Authorizing payment, not to exceed $40,000.00, for costs associated with Riverfront Framework events held on June 16 and 17, 1997. (Laid over from September 3) Noted as on file in the City Clerk's Office 25. Update on Bicycle Path Safety on Mississippi River Boulevard. Bob Piram, Division of Parks and Recreation (Requested at August 13 meeting) Update was given by Bob Piram, Division of Parks and Recreation 26. Presentation on Achievement Plus Community Schools. (Requested at September 3 meeting) Presentation was given by Tom Kingston, Wilder Foundation 27. Resolution - 97 -1111 - Approving the hiring of personnel to plan, coordinate and evaluate gun violence programs in the City of Saint Paul. (To be laid over to the October 15 Policy Session) Laid over to October 15 Policy Session 28. Resolution - 97 -1112 - Requesting the Police Department to develop a geographic analysis of violent crime in Saint Paul. (To be laid over to the October 15 Policy Session) Adopted as amended Yeas - 7 Nays - 0 (The Council requested that the Police Department give a presentation at the October 15 Policy Session) 29. Resolution - 97 -1113 - Approving a proposed maximum tax levy for pay 1998 to be forwarded to Ramsey County for inclusion in the Truth -in- Taxation calculations and notifications. Adopted Yeas - 7 Nays - 0 ORDINANCES 30. Second Reading - 97 -1089 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to September 24 for third reading /public hearing PUBLIC HEARINGS file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 5 of 8 31. Third 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. Laid over to September 24 for final adoption 32. Resolution - 97 -1114 - Approving application for a Gambling Manager's License by Church of the Incarnation at Pickles Lounge, 1082 Arcade Street. (ID 429467) Adopted Yeas - 7 Nays - 0 33. Resolution - 97 -1115 - Approving application for a State Class B Gambling Premise Permit by Church of the Incarnation at Pickles Lounge, 1082 Arcade Street. (ID 413- 00639) Adopted Yeas - 7 Nays - 0 34. Resolution - 97 -1116 - Approving application for an Entertainment -A License by Sole Cafe, 684 Snelling Avenue North. (ID 488704) Adopted Yeas - 7 Nays - 0 35. Resolution - 97 -1117 - Approving application for a Gambling Manager's License by St. Paul Festival and Heritage Foundation at Turf Club, 1601 University Avenue West. (ID 413439) Adopted Yeas - 7 Nays - 0 36. Resolution - 97 -1118 - Approving application for a State Class B Gambling Premise Permit by St. Paul Festival and Heritage Foundation at Turf Club, 1601 University Avenue West. (ID 413- 04363) Adopted Yeas - 7 Nays - 0 37. Resolution - 97 -1119 - Approving application for a Second Hand Dealer -Motor Vehicle License by West 7th Street Auto Sales Inc., 1428 7th Street West. (ID 479938) Adopted Yeas - 7 Nays - 0 38. Resolution - 97 -1120 - Concerning adverse action against Taxicab Vehicle License held by Gholam Shahroki, dba Minnesota Taxi. (Uncontested) Adopted Yeas - 7 Nays - 0 39. Resolution - 97 -1121 - Concerning adverse action against license held by Kirk Auto Service, 880 Selby Avenue. (Uncontested) Adopted Yeas - 7 Nays - 0 40. Resolution - 97 -1122 - Concerning adverse action against licenses held by Turf Club, Inc., 1601 University Avenue West. (Uncontested) Adopted Yeas - 7 Nays - 0 41. Resolution - 97 -1123 - Concerning adverse action against Second Hand Dealers License held by Joani Edman and Lisa Taube, dba Taylor & Rose, 251 Snelling Avenue South. (Uncontested) Adopted Yeas - 7 Nays - 0 42. Resolution - 97 -1124 - Approving the decision of the Legislative Hearing Officer for property located at 1571 Maryland Avenue East. (Laid over from August 13) Adopted Yeas - 7 Nays - 0 43. Resolution - 97 -1125 - Approving the decision of the Legislative Hearing Officer for property located at 873 Wilson Avenue. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 6 of 8 Adopted Yeas - 7 Nays - 0 44. Resolution - 97 -1126 - Ordering the owner to remove or repair property at 1331 Bush Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the December 2, 1997 Legislative Hearing) Laid over to December 10 Yeas - 7 Nays - 0 45. Resolution - 97 -1127 - Ordering the owner to remove or repair property at 452 Charles Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends amending the date for repair or removal to March 2, 1998 provided a $2,000.00 bond is posted, a code compliance inspection completed, and the vacant building fee is paid by noon on September 10, 1997) Adopted Yeas - 7 Nays - 0 (Remove or repair within 15 days) 46. Resolution - 97 -1128 - Ordering the owner to remove or repair property at 1369 Prosperity Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 47. Resolution - 97 -1129 - Ordering the owner to remove or repair property at 1451 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the October 7, 1997 Legislative Hearing with the understanding that Countrywide Home Loans maintain the exterior of the building) Laid over to October 15 Yeas - 7 Nays - 0 48. Resolution - 97 -1130 - Ordering the owner to remove or repair property at 701 Surrey Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends that the owner be given until January 9, 1998 to complete rehabilitation of the building at which time the current bond expires) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 49. Resolution - 97 -924 - Ordering the owner to remove or repair the building at 421 Wabasha Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be given until August 12, 1997 to complete transfer to a new owner) (Reconsidered and laid over from July 30) Laid over to December 3 Yeas - 7 Nays - 0 50. 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 from August 27) Adopted Yeas - 7 Nays - 0 51. Appeal of Kenneth Williams to a Summary Abatement Order for property at 721 Tuscarora Avenue. (Legislative Hearing Officer recommends denial) (Laid over from August 13) Appeal denied Yeas - 7 Nays - 0 52. Appeal of John Feia to a Summary Abatement Order for property at 1106 Flandrau Street. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 7 of 8 53. Appeal of Carla Goss to a Summary Abatement Order for property at 1136 Reaney Avenue. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 6 Nays - 0 (Thune not present for vote) 54. Resolution - 97 -1131 - Vacating the portion of the alley abutting Lots 1 -3 & 28 -30, Block 5 Holcombe's Addition, allowing the Housing and Redevelopment Authority to sell the subject property to a developer to construct a business. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 55. Resolution - 97 -1132 - Temporarily vacating a portion of Victoria Street south of Como Avenue and to temporarily release utility easements in the area to be vacated. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 56. Resolution - 97 -1133 - Vacating portions of Bush Avenue and Mendota Street. Laid over to October 22 Yeas - 6 Nays - 0 (Thune not present for vote) 57. Final Order - 97 -1134 - In the matter of approving the estimated annual operating costs of Town Square Park from July 1, 1997 through June 30, 1998. (File 418113 -97) Adopted Yeas - 7 Nays - 0 (The Council requested that Deputy Mayor Tim Marx have staff report to the Council on September 24 regarding the problems with pigeons on the skyway structures) 58. Final Order - 97 -1135 - In the matter of the Seventh Place Mall Operation and Maintenance Costs for 1997. (File 418428 -97) Adopted Yeas - 7 Nays - 0 59. Resolution Ratifying Assessment - 97 -1019 - In the matter of the Arlington /Ruth Area Street Paving and Lighting Project. (File 418833) (Laid over from August 13) Adopted Yeas - 7 Nays - 0 60. Resolution Ratifying Assessment - 97 -1136 - In the matter of the assessment of benefits, cost, and expenses for improving Ohio Street from George Street to Annapolis Street. (File 418800) Laid over to October 1 Yeas- 7 Nays - 0 61. Resolution Ratifying Assessment - 97 -1137 - In the matter of boardings -up of vacant buildings for April 1997, demolition of vacant buildings for June 1997, boardings -up of vacant buildings for May 1997, demolition /repair of retaining wall at 586 West Wheelock Parkway, boardings -up of vacant buildings from May 31 to June 9, 1997; and sewer service connection repairs for 1996. (File 4J9709B, J97091C, J9709113, J97092C, J9709213, SSA9709) Adopted as amended Yeas - 7 Nays - 0 743 Englewood Street - Reduce assessment to $370.30 860 Simcoe Street - Referred to the Legislative Hearing Officer 62. Public hearing on the modification of the Redevelopment Plan for the Seventh Place Redevelopment Project, and the creation of the Block 39 /Arena Redevelopment Tax Increment Financing. (To be laid over to September 24) Laid over to September 24 Yeas - 7 Nays - 0 63. 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010 Page 8 of 8 Increment Financing District. (Laid over from August 27) Laid over to September 24 Yeas - 7 Nays - 0 Suspension Items Resolution - 97 -1138 - Submitting a statement of the question on the ballot at the general election on November 4, 1997 as follows: "Shall the Charter be amended to provide that city officers and employees shall be placed on unpaid leave of absence from their city positions while holding any city elected office, including the offices of mayor and councilmember ?" Adopted Yeas - 7 Nays - 0 Resolution - 97 -1139 - Submitting a statement of the question on the ballot at the general election on November 4, 1997 as follows: "Shall the Charter be amended to provide for special elections to fill City council vacancies which occur before July 1 of the second year of any Council term, such special elections to be held at the earliest reasonable and practical time after a vacancy occurs ?" Adopted Yeas - 7 Nays - 0 Adjournment There followed a meeting of the Council acting as the Housing and Redevelopment Authority fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120716\Minutes 9 -... 12/15/2010