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Minutes 10-14-1998Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 14, 1998 - 3:30 - 5:00 P.M. PUBLIC HEARINGS 5:30 - 6:30 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Saint Paul, Minnesota Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266 -8565 Office of the City Council Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Benanav (excused) Web Index • Consent Agenda • For Action • Administrative Order • For Discussion • Ordinances • Public Hearings • Suspension Items CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONEMOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. 117DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENTAGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of September 16, 1998. Adopted Yeas - 6 Nays - 0 2. Claims of Lynn Anderson, Thomas Anderson, Pamela Erickson, DouglasMcFarland, Gladys Niesen, fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 2 of 8 and Sharon Scott. Referred to Employee /Risk Management Division 3. Letter from the Department of Planning and Economic Developmentannouncing a public hearing before the City Council on October 28,1998, to consider the application of Friends School of Minnesota torezone property from RM -3 (high density multi - family residential) toOS -1 (office - service) for the purpose of constructing an addition tothe existing Friends School building at 1365 Englewood Avenue (southeast corner of N. Albert Street and vacated Hubbard Avenue). 4. Letter from the Real Estate Division announcing a publichearing before the City Council on November 4, 1998, to consider thevacation of McAfee Street cul -de -sac 450' north of MarylandAvenue. 5. Letter from the Office of the City Attorney announcing a hearingbefore an Administrative Law Judge on November 6, 1998, at 9:30 a.m.,Room 41 City Hall- Courthouse, concerning all licenses held by JamesBailey, Inc., dba Arlington Pub, 721 Payne Avenue. 6. Letter from the Real Estate Division recommending approval of therequest from Ramsey County for a reduction in assessed valuation forproperty at 135 Geranium Avenue East. Adopted Yeas - 6 Nays - 0 7. Administrative Order: . D001602 Authorizing the Department of Fire & Safety Services to pay costs for St. Paul Regions EMS Coordinator, Timothy Held, to attend a training course at the National Fire Academy. Noted as on file in the City Clerk's Office 8. Resolution - 98 -920 - Approving the appointment of John Halla,by Mayor Coleman, to the Metropolitan Aircraft Sound AbatementCouncil. Adopted Yeas - 6 Nays - 0 9. Resolution - 98 -921 - Approving the reappointments of RobertBattle, Isabel Chanslor, Susan Elfstrom, and Christine Funk, by MayorColeman, to the Saint Paul Human Rights Commission. Adopted Yeas - 6 Nays - 0 10. Resolution - 98 -922 - Requesting that the Planning Commissionconsider the recommendations of the Legislative Advisory Committee onAdvertising Signs and recommend to the City Council such changes inthe Saint Paul Legislative Code as it deems necessary. Adopted Yeas - 6 Nays - 0 11. Resolution - 98 -923 - Finalizing City Council action takenSeptember 23, 1998, concerning adverse action against licenses heldby Bram Corporation, dba Arcade Bar, 932 Arcade Street. Adopted Yeas - 6 Nays - 0 12. Resolution - 98 -924 - Setting public hearing date of November 12,1998 for the 1999 Sanitary Sewer and Storm Sewer rates. Adopted Yeas - 6 Nays - 0 13. Resolution - 98 -925 - Authorizing the Department of Public worksto apply for a loan from the Public Facilities Authority to financethe South Highwood Sanitary Sewer System and to designate file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_16345IWinutes 10... 12/15/2010 Page 3 of 8 theDirector of Public Works to execute the arrangements. Adopted Yeas - 6 Nays - 0 14. Resolution - 98 -926 - Agreeing to defend, indemnify and hold theMidway Cub Foods harmless from any and all damages it may be requiredto pay as a result of suits, claims, actions or judgments arising outof the participation by Martin Luther King Recreation Center's 8thgrade boy's basketball team. Adopted Yeas - 6 Nays - 0 15. Resolution - 98 -927 - Accepting a State appropriation in theamount of $30,000 for the Victim Intervention Project forsecond year funding and establishing a spending plan. Adopted Yeas - 6 Nays - 0 16. Resolution - 98 -928 - Accepting a State grant in the amount of$330,000 for operation of the Minnesota City Grantsprogram. Adopted Yeas - 6 Nays - 0 17. Resolution - 98 -929 - Establishing a spending plan for $10,000received from the State of Minnesota, Bureau of CriminalApprehension, to conduct confidential homicide investigations. Adopted Yeas - 6 Nays - 0 18. Resolution - 98 -930 - Approving disbursement of Youth ProgramsFunds to the following organizations: Asian Pacific Youth Alliance,Boosters East, Inc., Eastview Booster Club, Edgcumbe Community HockeyBooster Club, Frost Lake Booster Club, Glancy's Gym, Hayden HeightsYouth Alliance, History Day Support Group, Lower East Side Football,Margaret Booster Club, Merriam Park Booster Club, St. Paul ScienceFair Support Group, South St. Anthony Park Booster Club, Sports ForLife, Upper East Side Football Association, and Youth Express. Adopted Yeas - 6 Nays - 0 19. Resolution - 98 -931 - Removing funds in contingency for SaintPaul Association of Responsible Landlords to the Housing Information Office account topermit execution of a contract to fulfill City Council intention. Adopted Yeas - 6 Nays - 0 20. Resolution - 98 -932 - Approving an amendment to the delegationagreement between the Minnesota Department of Health and the City ofSaint Paul. Adopted Yeas - 6 Nays - 0 21. Resolution - 98 -933 - Electing to continue participating in theLocal Housing Incentives Account Program under the MetropolitanLivable Communities Act. Adopted Yeas - 6 Nays - 0 22. Resolution - 98 -934 - Approving the decision of the LegislativeHearing Officer on Property Code Enforcement Appeals for propertylocated at: 596 Wells Street, 79 Virginia Street, 761 York AvenueEast, 1495 Rose Avenue East, 499 Sherburne Avenue, 559 Lawson AvenueEast, and 561 -563 Laurel Avenue. Adopted Yeas - 6 Nays - 0 23. Resolution - 98 -935 - Authorizing the purchase of four propertieslocated on Hoyt and Montana Avenue as part of Phase I of theHoyt- Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 4 of 8 24. Preliminary Order - 98 -936 - In the matter of improving streetswith bituminous roadway, construction of concrete curb and gutter,concrete driveway aprons and outwalks, boulevard sodding, treeplanting, construction of a lantern style lighting system, and allother work necessary to complete the Grotto /Hoyt Area Street Pavingand Lighting Project, and setting date of public hearing for December2, 1998. (File 418884) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 98 -937 - In the matter of construction ofwater, sanitary sewer, and storm sewer service connections, ifrequested by the property owner, in conjunction with the Grotto /HoytArea Street Paving and Lighting Project, and setting date of publichearing for December 2, 1998. (File 41884C) Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 98 -938 - In the matter of improving streetswith bituminous roadway, construction of concrete curb and gutter,concrete driveway aprons and outwalks, boulevard sodding, treeplanting, construction of a lantern style lighting system, and allother work necessary to complete the Chatsworth /Hoyt Area StreetPaving and Lighting Project, and setting date of public hearing forDecember 2, 1998. (File 418885) Adopted Yeas - 6 Nays - 0 27. Preliminary Order - 98 -939 - In the matter of construction and /orrepair of sanitary sewer, storm sewer and /or water serviceconnections, if requested by the property owner, in conjunction withthe Chatsworth /Hoyt Area Street Paving and Lighting Project, andsetting date of public hearing for December 2, 1998. (File 418885 -cone) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 28. Resolution - 98 -863 - Suspending licenses held by Carbone AFamily Corporation, dba Napoli Cafe, 1406 White Bear Avenue, fordelinquent taxes owed to the State of Minnesota. (Laid over fromOctober 7) Adopted Yeas - 6 Nays - 0 29. Resolution - 98 -880 - Approving the rate of pay for the proposednew class specification of Cable Communications Officer. (Laid overfrom October 7) Laid over to October 28 Yeas - 6 Nays - 0 30. Resolution - 98 -906 - Approving application for an Auto RepairGarage License by William Anderson, Owner, dba S & G Auto Repair,390 Western Avenue North. (Legislative Hearing Officer recommendsapproval with conditions) (Laid over from October 7) Adopted Yeas - 6 Nays - 0 31. Resolution - 98 -940 - Approving application for a State Class AGambling Premise Permit by Jean Bowlin at Blessed Sacrament Church, 1801 LaCrosse Avenue. (Legislative Hearing Officer recommendsapproval) Adopted Yeas - 6 Nays - 0 32. Update from Public Health /Property Code Enforcement on the statusand progress of the repairs made to property located at 921 -927 SelbyAvenue. (Update requested by Council on August 12, 1998) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 5 of 8 Laid over to November 25 Yeas - 6 Nays - 0 ORDINANCES 33. Second Reading - 98 -866 - An ordinance amending Saint PaulLegislative Code Chapter 409.26; reducing the presumptive penaltiesfor noncompliance of liquor licenses. (Substitute introduced October7) Laid over to October 28 for third reading /public hearing 34. First Reading - 98 -941 - An ordinance finalizing City Councilaction approving the application of Lower Afton Seniors LLC to rezoneproperty at Lower Afton Road (201 feet west of McKnight Road) fromB -2 to RM -2 to allow construction of 56 units of senior housing onthe currently vacant site. (Public hearing held September 23,1998) Substitute introduced and laid over to October 21 for secondreading Yeas - 6 Nays - 0 35. First Reading - 98 -942 - An ordinance amending Chapter 200 of theSaint Paul Legislative Code entitled "Animals" to provide forparticular penalties in various situations and establishing vari ous conditions in the disposition of dangerous animals. Laid over to October 21 for second reading PUBLIC HEARINGS 36. Third Reading - 98 -865 - An ordinance amending Appendix C of theLegislative Code pertaining to the gas service franchise of NorthernStates Power Company. (Substitute introduced on October 7) Laid over to October 28 for final adoption 37. Resolution - 98 -943 - Concerning the Renewal Application for aTaxicab Driver's License by James Coners, 313 Dale Street North. Laid over to October 28 Yeas - 6 Nays - 0 38. Resolution - 98 -944 - Concerning the Renewal Application for aTaxicab Driver's License by Kendell Waller, 1086 Como Place. Adopted Yeas - 6 Nays - 0 39. Resolution - 98 -945 - Concerning adverse action against thecigarette license held by Chang O'Hara's Bistro, Inc., 498 SelbyAvenue. (Uncontested) Adopted Yeas - 6 Nays - 0 40. Resolution - 98 -946 - Concerning adverse action against thecigarette license held by SuperAmerica, 399 Lexington Parkway North. (Uncontested) Withdrawn Yeas - 6 Nays - 0 41. Public hearing to consider the report of the Administrative LawJudge concerning licenses held by Har Kris ,___ _ T__ _ Pooj a, Inc. dba Travel Inn, 149 University Avenue East. Laid over to October 28 Yeas - 6 Nays - 0 42. Resolution - 98 -947 - Making certain determinations and findingsnecessary for acquisition of property at 393 Sherburne Avenue. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 6 of 8 Adopted Yeas - 5 Nays - 0 (Harris not present for vote) 43. Resolution - 98 -948 - To consider the application for a soundlevel variance by Larry Lueth, Assistant City Engineer, City of SaintPaul Public Works Department, for road construction on Shepard Roadbetween Randolph Avenue and Elm Street from 10:00 p.m. to 7:00 a.m.,September 21, 1998 to January 30, 1999. Adopted as amended Yeas - 6 Nays - 0 44. Resolution Ratifying Assessment - 98 -949 - In the mater ofsummary abatements (grass cutting) for part of May and all of June, 1998 for property at 623 Wells Street. (File 4J98TDBC) (laid overfrom October 7) Withdrawn Yeas - 5 Nays - 0 (Coleman not present for vote) 45. Resolution Ratifying Assessment - 98 -950 - In the matter of theinstallation of a lantern style lighting system on Beechwood Avenuefrom Snelling Avenue to Macalester Street (north side) and MacalesterWalk (south side). (File 418796) Adopted Yeas - 5 Nays - 0 (Coleman not present for vote) 46. Resolution Ratifying Assessment - 98 -951 - In the matter ofconstruction of a new sanitary pumping station to replace theexisting Red Rock Road south pump station. (File 418838) Adopted Yeas - 5 Nays - 0 (Coleman not present forvote) 47. Resolution Ratifying Assessment - 98 -952 - In the matter of theMargaret/Arcade Area Street Paving and Lighting Project. (File 418855) Adopted Yeas - 5 Nays - 0 (Coleman not present for vote) 48. Resolution Ratifying Assessment - 98 -874 - In the matter of theRailroad Island Area Street Paving and Lighting Project. (File 418856) (Laid over from September 23) Adopted Yeas - 6 Nays - 0 49. Resolution Ratifying Assessment - 98 -953 - In the matter ofinstallation of storm sewer connection projects installed duringJanuary 1989 through December 1994. (File 418764, 18569 -10, 18563- 3,18609- 8, 18569 -4, 18758, 18653 -4, 18769, 18728) Adopted Yeas - 6 Nays - 0 50. Resolution Ratifying Assessment - 98 -954 - In the matter ofsummary abatements (property clean -up) for August 1998; boarding -upof vacant buildings for June 1998; demolition of vacant buildings forJuly 1998; towing of abandoned vehicles for August 1997 and March,April, May and June 1998; and summary abatement (cutting grass byTDBC) for July 1998. (File 4J9806A, J980513, J9804C, J9806V, J98TDBC1)(Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 51. Resolution Ratifying Assessment - 98 -955 - In matter of summary abatement (property clean -up) for property at 1904 Jefferson Avenue.(Laid over from September 23) (Legislative Hearing Officer recommendslaying over to the October 20 Legislative Hearings) Laid over to October 28 Yeas - 6 Nays - 0 52. Appeal of Richard Fowler to a summary abatement order forproperty at 1084 Edgerton Street. (Legislative Hearing Officerrecommends laying over to the November 3 Legislative Hearings) Laid over to November 12 Yeas - 6 Nays - 0 53. Appeal of Tammi Vang to a summary abatement order for property at748 Burr Street. (Appeal file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 7 of 8 withdrawn) 54. Public hearing to consider the application of Frable, DonaldC. /Winover, Steven to rezone property from RM -2 (residentialmultiple- family) to B2 -C (Community Business Converted) to allowconversion of a single family house to an insurance office use at1488 Grand Avenue. Motion of Intent - Application Denied Yeas - 6 Nays - 0 55. Public hearing to consider the application of Mark Fuhr to rezoneproperty from P -1 (Parking) to B -3 (General Business) and from OS- 1(Office Service) to B -3 (General Business) and RM -2 (Multiple - FamilyResidential) to allow construction and operation of an AmocoCerticare Auto Repair Station at 399 Ruth Street (southwest corner ofRuth Street and Wilson Avenue). Motion of Intent - Application Granted Yeas - 6 Nays - 0 Suspension Items Resolution - 98 -956 - Recognizing Chet Emerson, Executive Directorof the Boys & Girls Clubs of Saint Paul, for his dedication tothe youth of St. Paul and declaring October 21, 1998, as ChetEmerson Day. Adopted Yeas - 6 Nays - 0 Resolution - 98 -957 - Welcoming Annsofie Eriksson of Amal, Sweden asa guest of the United States and declaring October 14, 1998, asAnnsofie Eriksson Day. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163451\Minutes 10... 12/15/2010 Page 8 of 8 fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_16345IWinutes 10... 12/15/2010