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Minutes 4-22-1998Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 22, 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 Nancy Anderson, Assistant Secretary tothe Council Mary Erickson, Clerical Support - 266 -8565 Office of the City Council Present - 4 - Blakey, Bostrom, Lantry,Reiter Absent - 3 - Benanav, Coleman, Harris (arrived shortly after rollcall) Web Index • Consent Agenda • For Action • For Discussion • Ordinances • Public Hearings • Miscellaneous Items • Suspension Items CONSENT AGENDA(Items 1 -13) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILLBE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OFTHESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Claim of Anthony Mattson. Referred to Employee /Risk ManagementDivision 2. Amended Summons and Complaint in the matter of The Schnitzer SiteGroup vs. the City of Saint Paul, et al. Referred to the City Attorney'sOffice file: HC:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 2 of 8 3. Letters from the Department of Fire and Safety Services /P rope rtyCode Enforcement declaring 370 Atwater Street, 1171 Minnehaha AvenueWest, 918 Park Street, and 503 St. Albans Street North as "nuisanceproperties." (For notification purposes only; public hearings will bescheduled at a later date if necessary.) 4. Letter from the Department of Planning and Economic Developmentannouncing a public hearing before the City Council on May 6, 1998 toconsider the application of Richard Eitel to rezone property from R- 2(single- family residential) to B -3 (general business) for the purposeof constructing and operating an auto repair facility at thesouthwest corner of Larpenteur Avenue and 1 -35E frontage road (westside of freeway). 5. Administrative Orders: D001526 Amending the 1997 budget in the Office of License, Inspections and Environmental Protection to balance the Special FundBudget. D001527 Authorizing the Department of Libraries to expend monies, notto exceed $6,000.00, provided by The Friends of the Library forvolunteer recognition events. D001528 Authorizing expenditures, not to exceed $7,000.00, by theDivision of Parks and Recreation for the Honored Volunteer Dinner onApril 28, 1998. D001529 Amending the 1997 budget in the Department of Public Healthto clear deficit accounts. Noted as on file in the City Clerk'sOffice 6. Resolution - 98 -300 - Approving the appointment of Richard Kramer,by Mayor Coleman, to the Board of Zoning Appeals Adopted Yeas - 7 Nays - 0 7. Resolution - 98 -301 - Approving the reappointments of GeraldBeedle, Clayton Larson, and Diane O'Donnell, by Mayor Coleman, to theTruth -In -Sale of Housing Board of Evaluators. Adopted Yeas - 7 Nays - 0 8. Resolution - 98 -302 - Declaring May 18, 1998 as Jeffrey MarkErickson Day in recognition of earning the Eagle Scout Award. Adopted Yeas - 7 Nays - 0 9. Resolution - 98 -303 - Declaring the Polish American Club theofficial home of Saint Paul's Majowka Days celebration and adoptingits 28 th Annual Majowka Days button as the official button. Adopted Yeas - 7 Nays - 0 10. Resolution - 98 -304 - Establishing the rate of pay for a newclassification entitled Engineering Technician Supervisor- WaterUtility. Adopted Yeas - 7 Nays - 0 11. Resolution - 98 -305 - Authorizing a Mutual Aid Agreement betweenthe City of Saint Paul and the State of Minnesota Department ofPublic Safety. Adopted Yeas - 7 Nays - 0 12. Resolution - 98 -306 - Authorizing the inter - governmental transferof Sergeant Karsten Winger to the Ramsey County Attorney's Office towork with police gang units. Adopted Yeas - 7 Nays - 0 file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 3 of 8 13. Resolution - 98 -307 - Approving the Joint Powers Agreemembetween the Metropolitan Council and the City of Saint Paul forinstallation, replacement and maintenance of bus stop signage. Adopted Yeas - 7 Nays - 0 FORDISCUSSION 14. Resolution - 98 -214 - Approving new minimumqualifications for the Engineering Aide I and 11 classifications. (Adopted on April 1, 1998, reconsidered and laid over from April8) Laid over to May 6 Yeas - 7 Nays -0 15. Report by Pam Wheelock, Department of Planning and EconomicDevelopment, on recommendations and criteria for applying the VendorOutreach program to the Department's economic development programs,and the results of the initial application. (Per C.F. 97 -1037 adoptedAugust 27, 1997) (Laid over from March 25) A report was presented by Pam Wheelock atthe Housing and Redevelopment Authority meeting on April 22. 16. Update by the Mayor's Administration on current plans to addresspayroll issues identified by the Mayor and City Council. (Per C.F.98 -265 adopted April 8, 1998) An update was presented by Peter Hames,Department of Technology and Management Services and John Hamilton,Office of Human Resources. The Council requested that the Mayor'sAdministration bring back a work plan on the payroll system to theCity Council meeting on May 6. Yeas - 6 Nays - 0 (Harris not present forvote) 17. Resolution - 98 -267 - Moving 1998 contingency money budgeted inthe Property Code Enforcement Activity into proper budget codes soimplementation of the program to enforce health and safety codes innon- owner - occupied 1 and 2 family dwelling units can proceed. (Laidover from April 15) Laid over to April 29 Yeas - 7 Nays -0 ORDINANCES 18. First Reading - 98 -308 - An ordinanceamending Chapter 317 of the Saint Paul Legislative Code to create atemporary amusement ride license. Laid over to April 29 for secondreading 19. First Reading - 98 -309 - An ordinance repealing Chapter 349 ofthe Saint Paul Legislative Code pertaining to licensure of rentalclothing. Laid over to April 29 for secondreading 20. First Reading - 98 -310 - An ordinance repealing Chapter 379 ofthe Saint Paul Legislative Code pertaining to licensure oflocksmiths. Laid over to April 29 for secondreading 21. First Reading - 98 -311 - An ordinance amending Chapter 417 of theSaint Paul Legislative Code regarding parking lots; clarifying thedistinction between a parking lot and parking garage, fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 4 of 8 removing theadvisory committee requirement, and specifying the minimum standardsfor structural condition surveys. Laid over to April 29 for secondreading PUBLICHEARINGS 22. Third Reading - 98 -234 - An ordinancegranting a renewal franchise for cable service to Continental Cablevision of Saint Paul, Inc. (Laid over from April 15 forcontinuation of third reading /public hearing) Amended and laid over to April 29 forfinal adoption Yeas - 7 Nays - 0 23. Third Reading - 98 -277 - An ordinance amending Chapter 430 of theSaint Paul Legislative Code pertaining to Cable Comm unicationsService. Amended and laid over to April 29 forfinal adoption Yeas - 7 Nays - 0 24. Resolution - 98 -295 - Requesting transfer of control of the cabletelevision franchise from US West, Inc. to US West, Inc. (To berenamed MediaOne Group, Inc.) (Laid over from April 15 forcontinuation of public hearing) Adopted Yeas - 7 Nays - 0 25. Resolution - 98 -312 - Approving application for an Auto RepairGarage License by Budget Towing, Inc of St. Paul, 7057 th Street East. (ID #19970000050) Adopted Yeas - 7 Nays - 0 26. Resolution - 98 -313 - Approving application for a Second HandDealer - Motor Vehicle (1st) License by WilliamSchwartz, dba Downtown Auto Sales, Inc., 359 Robert Street South. (I D #19980000435) Adopted Yeas - 7 Nays - 0 27. Resolution - 98 -314 - Approving application for Malt Off Sale,Grocery (C), and Cigarette /Tobacco Licenses by VCK Oriental MarketInc, 1377 Arcade Street. (ID 4 19970000226) Adopted Yeas - 7 Nays - 0 28. Resolution - 98 -315 - Approving application for Restaurant (B),Liquor- Outdoor Change in Service Area (Patio), Liquor On Sale - Sunday, Liquor On Sale (B), Gambling Location (Class A), andCigarette /Tobacco Licenses by KLA Inc., dba Awada's On Plato, 199Plato Boulevard East. (ID 419980000408) Adopted Yeas - 7 Nays - 0 29. Resolution - 98 -316 - Approving application for a Malt Off SaleLicense by Foodsmart LLC, 544 University Avenue West. (ID40035509) Laid over to May 6 Yeas - 7 Nays -0 30. Resolution - 98 -317 - Concerning the Auto Repair Garage Licenseheld by Mary P. Fasching, dba M.F. Automotive, 1728 Selby Avenue. Laid over to May 27 Yeas - 7 Nays -0 31. Resolution - 98 -318 - Approving the Taxicab Driver's LicenseRenewal Application submitted by Kevin R. Peterson with onecondition. Adopted Yeas - 7 Nays - 0 file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 5 of 8 32. Resolution - 98 -319 - Concerning adverse action against licensesheld by A.C.A. Management Services, dba Amoco Food Shop, 1347University Avenue West. (Uncontested) Adopted Yeas - 7 Nays - 0 33. Resolution - 98 -320 - Concerning adverse action against thecigarette license held by Grand Wheeler Sinclair 11, 1345 GrandAvenue. (Uncontested) Adopted Yeas - 7 Nays - 0 34. Resolution - 98 -321 - Concerning adverse action against licensesheld by Little Grocery, 1724 University Avenue West. (Uncontested) Withdrawn Yeas - 7 Nays -0 35. Resolution - 98 -322 - Concerning adverse action against liquorlicense held by Novak's On Randolph, 919 Randolph Avenue.(Uncontested) Adopted Yeas - 7 Nays - 0 36. Resolution - 98 -323 - Approving application for a CurrencyExchange License by Team Management, Inc., dba Capital City CheckCashing, 477 Rice Street. Adopted Yeas - 7 Nays - 0 37. Resolution - 98 -324 - Approving the decision of the LegislativeHearing Officer on Property Code Enforcement Appeals for property at860 Vandalia Street, 1511 Rose Avenue East, 594 -6 Reaney Avenue, 620Bates Avenue, 551 Barge Channel Road, 599 Grand Avenue, 200 N.Mississippi River Blvd. 44AB, 1005 Sherburne Avenue, 390 N. LexingtonParkway, 1853 Iglehart Avenue, 1607 Hewitt Avenue, 1336 HewittAvenue, 427 Charles Avenue, 430 Blair Street, 479 Iglehart Avenue,and 673 Burr Street. Adopted as amended Yeas - 7 Nays -0 551 Barge Channel Road - Building to bevacated by 1998 Yeas - 5 Nays - 2(Benanav, Lantry) 1336 Hewitt Avenue - Appeal denied Yeas - 6 Nays - 0 (Harris not present forvote) May 31 and demolished by June 30, 38. Resolution - 98 -325 - Ordering the owner to remove or repair thebuilding at 800 Concordia Avenue within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendsapproval) Adopted Yeas - 6 Nays - 0 (Harris not present forvote) 39. Resolution - 98 -326 - Ordering the owner to remove or repair thebuilding at 502 Lynnhurst Avenue East within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendswithdrawal as the building was demolished by the owner) Withdrawn Yeas - 6 Nays - 0 (Harris notpresent for vote) 40. Resolution - 98 -327 - Ordering the owner to remove or repair thebuilding at 675 Sherburne Avenue (front house) within fifteen (15)days from adoption of resolution. (Legislative Hearing Officerrecom mends allowing the owner six months to complete rehabilitationprovided a code compliance inspection is completed, the $200 vacantbuilding fee is paid, and a $2,000 bond is posted by noon April 22,1998) Adopted as amended (per recommendation ofthe Legislative Hearing Officer) Yeas - 6 Nays - 0 (Harris not present forvote) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 6 of 8 41. Resolution - 98 -328 - Ordering the owner to remove or repair thebuilding at 38 Sycamore Street East within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendsallowing the owner six months to complete rehabilitation provided thevacant building fee is paid and a $2,000 bond is posted by noon Apri122, 1998) Adopted (Remove or repair within 15days) Yeas - 7 Nays - 0 42. Appeal of David Austin (for Mary & Leah Paulson) to a summary abatement order for property at 2016 Fremont Avenue. (LegislativeHearing Officer recommends granting the appeal) Appeal Denied Yeas - 7 Nays -0 43. Appeal of Darlene Ebert to a summary abatement order for propertyat 430 West Minnehaha Avenue. (Legislative Hearing Officer recommendsdenying the appeal) Appeal Denied Yeas - 7 Nays -0 44. Resolution Ratifying Assessment - 98 -297 - In the matter ofsummary abatements, boardings -up, and demolitions for October throughDecember 1997; boardings -up for August through December 1997; summaryabatements (grass cutting) from mid -July through November 1997 ;demolitions for August through December 1997 and January 1998 ;summary abatements (property clean -up) for August through Decemberl997; and abandoned vehicles for July through December 1997 andJanuary 1998. (File #Re- Escrow, J97BOARDUP, J9711 TDBC, J9711 C J97ABDVDIS) (Laid over from April 15) (Legislative Hearing Officer recommends approval with thefollowing exceptions:) 1792 Portland Avenue - Laid over to the April 21 Legislative Hearing and May6 City Council Meeting. 328 Lexington ParkwayNorth - Laid over to the May 5Legislative Hearing and May 13 City Council Meeting. 853 Fourth Street East - Laid over to the April 21 Legislative Hearing and May6 City Council Meeting. 226 East BelvidereStreet - Laid over to the April 21 Legislative Hearing and May 6 City Council Meeting. 1086 Ashland Avenue - The owner will pay the assessment over a ten yearperiod. 1645 Iglehart Avenue - Laid over to the April 21 Legislative Hearing and May6 City Council Meeting Adopted as amended (per recommendation ofthe Legislative Hearing Officer) with the addition of: 674 Rivoli Street -Assessment reduced to$921.00 plus $40.00 administrative charges to be paid by propertyowner. 663 York Avenue - Laid over to a futureLegislative Hearing Yeas - 7 Nays - 0 45. Final Order - 98 -329 - In the matter of condemning and taking atemporary easement in connection with the improvement of Swede HollowPark. (File 418862 E2) Adopted Yeas - 7 Nays - 0 46. Final Order - 98 -330 - In the matter of improving the alley inBlock 5, St. Anthony Park North (bounded by Dudley, Grantham, Hoytand Chelmsford) by grading and paving with bituminous material. (File 418867) Adopted Yeas - 7 Nays - 0 47. Final Order - 98 -331 - In the matter of condemning and taking aneasement in the land necessary for file: HC:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 7 of 8 the slope, cuts and fills inconnection with the grading and paving of the alley in Block 5, St.Anthony Park North (bounded by Dudley, Grantham, Hoyt, andChelmsford). (File 418867 -S) Adopted Yeas - 7 Nays - 0 48. Final Order - 98 -332 - In the matter of improving the alley inBlock 158, Robertson's Addition (bounded by Bellows, Delos, Bidwell& Isabel), by grading and paving with bituminous material. (File 418868) Adopted Yeas - 7 Nays - 0 49. Final Order - 98 -333 - In the matter of condemning and taking aneasement in the land necessary for the slope, cuts and fills inconnection with the grading and paving of the alley in Block 158,Robertson's Addition (bounded by Bellows, Delos, Bidwell, &Isabel). (File 418868 -S) Adopted Yeas - 7 Nays - 0 50. Resolution Ratifying Assessment - 98 -334 - In the matter ofimproving the following brick streets: Kenwood Parkway, around thecircle and from the circle to St. Albans Street; Maiden Lane, fromSelby Avenue to Nina Street; and Virginia Street, from Summit Avenueto Selby Avenue. (File 418795) Adopted Yeas - 7 Nays - 0 51. Resolution Approving Assessment - 98 -335 - In the matter ofcondemning and taking permanent easements for water utility purposesin connection with the Jackson /Maryland "Low Service Number 2 "relocation project. (File 418864E) Adopted Yeas - 7 Nays - 0 52. Resolution Ratifying Assessment - 98 -296 - In the matter ofconstruction of storm sewer connections, as requested by the propertyowner, in conjunction with the Seventh /Cedar Area Storm SewerSeparation Project. (File 418766) (Laid over from April 15) Adopted Yeas - 7 Nays - 0 53. Public hearing to consider the application of Como Northtown Credit Union torezone property from RT -1 (two family residential) to B -2 (communitybusiness) to allow additional parking and a new entrance for theexisting credit union at 965/967 Churchill Street (northwest cornerof Churchill Street and Front Avenue). (Laid over from April 1) Motion of Intent - Application Granted Yeas - 6 Nays - I(Coleman) MISCELLANEOUS 54. Recognition ofRetiring City Employee Roger Ryan, Department of Planning andEconomic Development. Roger Ryan wasrecognized by the City Council Suspension Items Resolution - 98 -336 - Approving a preliminary and final plat for Cohansey Park Townflomes. Adopted Yeas - 7Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010 Page 8 of 8 Resolution - 98 -337 - Calling for a Green Summit between the Citiesof Saint Paul and Minneapolis. Adopted Yeas - 7Nays - 0 Resolution - 98 -338 - Appointing the Ramsey Country Attorney's Officeas special counsel representing the City of Saint Paul in the matterof the proceedings involving the discipline of a Saint Paul policeofficer. Adopted Yeas - 7Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170739\Minutes 4 -... 12/15/2010