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Minutes 10-28-1998Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 28, 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, MN Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266 -8565 Office of the City Council Present - 6 - Benanav,Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman(arrived later in the meeting) Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Miscellaneous • Suspension Items CONSENT AGENDA (Itemsl - 20) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OFTHESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THECONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of September23, 1998. Adopted Yeas - 6 Nays - 0 2. Claims of Sharon Bougie, JamesT. Erickson, Vicky Erickson, Michelle McCarnery, and Michael fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010 Page 2 of 6 Perry. Referred to Employee /RiskManagement Division 3. Letter from the Office ofCitizen Services /Property Code Enforcement declaring, 995 Kennard Streetand 474 Webster Street as "nuisance properties." (For notification purposesonly; public hearings will be scheduled at a later date if necessary.) 4. Letter from the Office ofthe City Attorney announcing a hearing before an Administrative Law Judgeon November 17, 1998, at 9:30 a.m., Room 41, City Hall /Courthouse, concerningthe license application of Saint Paul Firearms Company, 634 North SnellingAvenue. 5. AdministrativeOrder: . D001607 Amending the 1998budget of HRA Neighborhood Development Fund 140 to clear line items whichare not needed in this fund. Noted as on file in the CityClerk's Office 6. Resolution - 98 -975 - Approvingthe reappointment of Sergeant Michael J. O'Brien, and the appointmentsof Hollice Allen Jr., Carole Mannheim, and Thomas Minter, by Mayor Coleman,to the Police Civilian Internal Affairs Review Commission. Adopted Yeas - 7 Nays - 0 7. Resolution - 98 -976 - Approvingthe reappointments of Sister Mary Frances Benz, Mark Flahavan, Dennis Gerhardstein,Harold Hebl, Nicole Otto, Dean Lemke, Steven Sarrazin, Richard Taylor,and Jamie Warndahl, and the appointments of Peter Keely, Kelly Schendel,Sharon Rebar, Sally Staggert, Julie Walton, and Dolores Zeller, by MayorColeman, to the Mayor's Advisory Committee on Aging. Adopted Yeas - 6 Nays - 0 8. Resolution - 98 -960 - Approvingthe May 1998 through April 2001 Labor Agreement between the City of SaintPaul and the Lakes and Plains Regional Council of Carpenters and Joiners.(Laid over from October 14) Adopted Yeas - 6 Nays - 0 9. Resolution - 98 -970 - Approvinga pilot project entitled "Information Services Reorganization and Job FamilyModeling Project" and memorandums of agreement. (Laid over from October 14) Adopted Yeas - 6 Nays - 0 10. Resolution - 98 -977 - Authorizingthe Department of Planning and Economic Development to apply to the MetropolitanCouncil for funding for both the 750 Pelham Project and the RiverCentreProject on behalf of the City of Saint Paul. Adopted as amended Yeas -7 Nays - 0 11. Resolution - 98 -978 - Acceptingcontributions from Jerry's Market and North East Development Corporationfor refreshments, music and celebration for the groundbreaking ceremonyfor the Ames Lakes Reclamation and Prosperity Avenue Extension on October30, 1998. Substitute introduced andadopted Yeas - 7 Nays - 0 12. Resolution - 98 -979 - Suspendinglicenses held by ALES, INC., dba the Bourbon Bar, 691 Dale Street, fordelinquent taxes owed to the State of Minnesota. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010 Page 3 of 6 Adopted Yeas - 6 Nays - 0 13. Resolution - 98 -980 - Approvingwaiver of the 300 feet distance requirement from a church or school forthe purpose of a 3.2 malt liquor license for the bowling center at theSt. Francis de Sales school building, 426 Osceola Avenue. Adopted Yeas - 6 Nays - 0 14. Resolution - 98 -981 - Approvingthe decision of the Legislative Hearing Officer for Property Code EnforcementAppeals for property at 370 -372 Fuller Avenue, 960 Juno Avenue, 238 WinonaStreet East 41, 1504 Sherburne Avenue 42, 415 -417 Sherburne Avenue, and55 Front Avenue. Adopted Yeas - 6 Nays - 0 15. Resolution - 98 -982 - Authorizingthe execution of a Joint Powers Agreement between the Minnesota Departmentof Transportation (MnDOT) and the City of Saint Paul under which MnDOTwill fund, administer, coordinate and contribute staff time for the designand implementation of a metro wide, multi - agency traffic information andmanagement system called ORION. Adopted Yeas - 6 Nays - 0 16. Resolution - 98 -983 - Approvingan Agreement with Ramsey County for the improvement of traffic controlsystems on Dale Street, Maryland Avenue, and White Bear Avenue. Adopted Yeas - 6 Nays - 0 17. Resolution - 98 -984 - Establishingthe 1999 Residential Street Vitality Program assessment rates. Adopted Yeas - 6 Nays - 0 18. Resolution - 98 -985 - Amendingthe 1998 budget in the Housing Code Enforcement Division, Truth - In-Saleof Housing activity. Adopted Yeas - 6 Nays - 0 19. Resolution - 98 -986 - Amendingthe 1998 budget in the Department of Fire and Safety Services for the purchaseof a new ladder truck. Adopted Yeas - 6 Nays - 0 20. Resolution - 98 -987 - ApprovingCultural STAR Board Recommendations for Cycle 4 of the Cultural STAR Program. Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 21. Resolution - 98 -880 - Approvingthe rate of pay for the proposed new class specification of Cable CommunicationsOfficer. (Laid over from October 14) Adopted Yeas - 6 Nays - 1(Harris) 22. Resolution - 98 -963 - Allocatingfunds for the 1998 Fourth Cycle Neighborhood STAR Program. (Laid over fromOctober 21) Adopted Yeas - 7 Nays - 0 23. Consideration of the AdministrativeLaw Judge report concerning licenses held by Pooja, Inc., dba fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010 Page 4 of 6 Travel Inn, 149 University Avenue East. (Laid over from October 14) Adopted Findings of Fact,Conclusions, and Recommendation of the Administrative Law Judge - ApplicationDenied. Council also took action to have the Office of License, Inspectionsand Environmental Protection not enforce eviction until after November10, 1998, and requested that the Housing Information Office offer relocationassistance to residents. Yeas - 6 Nays -1 (Coleman) 24. Resolution - 98 -988 - Acceptinggrant funds from the University of Minnesota for liquor compliance checksfor 1998 and 1999 to be performed by the Police Department and the Officeof License, Inspections and Environmental Protection (LISP). Adopted Yeas - 7 Nays - 0 25. Report by the Planning Commissionregarding changes to the City's zoning and sign regulations relating toadvertising signs. (Requested by the Council on February 4, 1998, C.F.98 -83) Laid over to January 20,1999 Yeas - 7 Nays - 0 26. Update from the Administrationon the Prevention of Violence in the Workplace. (Requested by the Councilon August 26, 1998) An update was provided. The Council requested anadditional update on January 27, 1999. Yeas - 5 Nays - 0 (Colemanand Harris not present for vote) 27. Update from the Administrationon Liveable Wage. (Requested by the Council on September 23, 1998) An update was provided byPam Wheelock, Department of Planning and Economic Development. ORDINANCES 28. Final Adoption - 98 -865 - Anordinance amending Appendix C of the Legislative Code pertaining to thegas service franchise of Northern States Power Company. (Substitute introducedon October 7) Adopted Yeas - 5 Nays - 0(Colemanand Harris not present for vote) 29. Third Reading - 98 -941 -An ordinance finalizing City Council action approving the application ofLower Afton Seniors LLC to rezone property at Lower Afton Road (201 feetwest of McKnight Road) from B -2 to RM -2 to allow construction of 56 unitsof senior housing on the currently vacant site. (Public hearing held September23, 1998) (Substitute introduced on Octoberl4) Laid over to November 4 forfinal adoption Yeas - 5 Nays - 0 (Colemanand Harris not present for vote) PUBLIC HEARINGS(public hearings will begin at 5:30 p.m.) 30. Third Reading - 98 -866 - Anordinance amending Saint Paul Legislative Code Chapter 409.26; reducingthe presumptive penalties for noncompliance of liquor licenses. (Sub stituteintroduced October 7) Laid over to November 4 forfinal adoption Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010 Page 5 of 6 31. Third Reading - 98 -942 -An ordinance amending Chapter 200 of the Saint Paul Legislative Code entitled "Animals" to provide for particular penalties in various situations andestablishing various conditions in the disposition of dangerous animals. (Amended on October 21) Substitute introduced andlaid over to November 4 for final adoption Yeas - 6 Nays - 0 (Colemannot present for vote) 32. Resolution - 98 -943 - Concerningthe Renewal Application for a Taxicab Driver's License by James Coners,313 Dale Street North. (Laid over from October 14) Referred to an AdministrativeLaw Judge Yeas - 7 Nays - 0 33. Resolution - 98 -989 - Approvingapplication for an Auto Body Repair Garage License by Steve's Auto BodySt. Paul, Inc., 1196 7th Street East. (ID 419980000406) Adopted Yeas - 6 Nays - 0(Bostrom not present for vote) 34. Resolution - 98 -990 - Pertainingto acquisition of parcels at 463 Edmund Avenue and 465 Edmund Avenue bydirect purchase or by the exercise of power of eminent domain includinguse of quick take. Adopted Yeas - 6 Nays - 0(Bostrom not present for vote) (Coleman was excused from themeeting at this time) 35. Public hearing on Saint Paul'sLiving Wage Policy. (Requested by Council October 7, 1998, C.F. 98- 918) Public testimony was received 36. Resolution - 98 -566 - Orderingthe owner to remove or repair the building at 674 Wells Street within fifteen (15) daysfrom adoption of resolution. (Legislative Hearing Officer recommends approval)(Laid over from September 23) Laid over to December 9 Yeas- 6 Nays - 0 37. Resolution - 98 -991 - Orderingthe owner to remove or repair the building at 932 Concordia Avenue withinfifteen (15) days from adoption of resolution. (Legislative Hearing Officerrecommends amending the order to remove or repair within 45 days) Adopted as amended (per recommendationof the Legislative Hearing Officer) Yeas - 6 Nays - 0 38. Resolution - 98 -992 - Orderingthe owner to remove or repair the building at 667 Charles Avenue withinfifteen (15) days from adoption of resolution. (Legislative Hearing Officerrecommends laying over to the November 17, 1998 Legislative Hearings) Laid over to November 25Yeas - 6 Nays - 0 39. Resolution Ratifying Assessment- 98 -955 - In matter of summary abatement (property clean -up) for propertyat 1904 Jefferson Avenue. (Legislative Hearing Officer recommends denyingthe appeal) (Laid over from October 14) Adopted Yeas - 6 Nays - 0 40. Public hearing to considerthe application of Friends School of Minnesota to rezone property fromRM -3 (high density multi - family residential) to OS -1 (office - service) forthe purpose of constructing an addition to the existing Friends Schoolbuilding at 1365 Englewood Avenue (southeast corner of North Albert Streetand vacated Hubbard Avenue). Motion of Intent - ApplicationGranted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010 Page 6 of 6 MISCELLANEOUS 41. Recognition of Mary Hayes, retiringCity of Saint Paul employee. Mary Hayes, Department ofrechnology and Management Services /Payroll was recognized for 36 yearsof service to the City. 42. NSP recognizes the City ofSaint Paul for outstanding achievements gained from their energy conservationpartnership. An award was presented byNSP recognizing outstanding achievements by the City of Saint Paul. SusimnsionItems Resolution - 98 -993 - IndemnifyingLawson Software, Kraus Anderson, Frauenshuh Company, Media Rare, and FirstStar Bank from any tort claims arising out of the celebration on the LawsonCommons, First Star Bank and Rice Park sites. Adopted Yeas - 7 Nays - 0 Resolution - 98 -994 - RequestingNeighborhood Star Funds for the Snelling Selby Commercial Public ImprovementProj ect. Failed Yeas - 3 Nays - 4(Bostrom, Coleman, Harris, Reiter) (This item was reconsideredat the conclusion of the meeting) Resolution - 98 -995 - Requestingthe Administration to provide a report to the City Council at its November4, 1998 meeting regarding any City funds to be spent on Titanic, The Exhibition. Adopted Yeas - 7 Nays - 0 Resolution - 98 -996 - Directingthe Office of Licensing, Inspection and Environmental Protection to conducta dangerous dogs community notification pilot project and to conduct aresearch study examining threat posed by dogs already declared dangerous. Laid over to November 4 Yeas- 7 Nays - 0 Reconsidered Item Resolution - 98 -994 - RequestingNeighborhood Star Funds for the Snelling Selby Commercial Public ImprovementProj ect. Adopted Yeas - 4 Nays - 2(Bostrom, Harris) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163738\Minutes 10... 12/15/2010