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Minutes 5-13-1998Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITYCOUNCIL Wednesday, May 13, 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 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 • Housing and Redevelopment Authority Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry,Reiter Absent - 0 CONSENT AGENDA (Items I - 21) 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. Claims of James Boeltl, Montana Avenue Townhomes, and PeterOpatz. Referred to Employee /Risk Management Division 2. Notice of Motion and Motion, Affidavits of Patrick F. Quinn, MarcE. Knoche, and Deborah Deluca in the matter of the Board of Educationof Independent School District 4625 vs. the City of Saint Paul, file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 2 of 7 etal.Referred to the City Attorney's Office 3. Letter from the Department of Fire and Safety Services /PropertyCode Enforcement declaring 875 Watson Avenue as "nuisance property. "(For notification purposes only; a public hearing will be scheduledat a later date if necessary.) 4.Letters from Ramsey County Property Records and Revenue, ValuationDivision, requesting a reduction in assessed valuation andreclassification for property at 965 Ivy Avenue East (AX98- 0035), 355Minnesota Street (AT98- 0051), and 739 Summit Avenue (AF98- 0082). Referred to the Real Estate Divison 5. Administrative Orders: D001530 Amending the 1997 Special Fund Budget in the Police Department to provide sufficient funding at the budget control levels of the Police Department's 1997 Special Projects - Police Special Revenue fund (436). D001531 Amending the budget of the Community Development Block Grant (CDBG) Fund in the Department of Planning and Economic Development by transferring CDBG funding from the Homeowner Rehab Matching Grant program to the Economic Development Loan Leverage Fund program. D001532 Amending the 1998 budget in the Department of Libraries to hire a temporary employee. D001533 Authorizing expenditures, not to exceed $1,500.00, for costs incurred by the Department of Fire and Safety Services to hold graduation ceremonies for new fire fighter recruits at Hamline University on June 11 & 12, 1998. D001534 Addition of $29,414.00 to the contract for total demolition and removal of building structures at the Phalen Village Center. D001535 Addition of $10,130.92 to the contract for the Wabasha - Humboldt- Concord proj ect. D001536 Addition of $451.00 to the contract for Saint Paul Civic Center Expansion, CP- 4 Building Construction Mechanical - Parking Ramp Alternate A. Noted as on file in the City Clerk's Office 6. Resolution - 98 -389 - Approving the appointment of Bob Voeller,by Mayor Coleman, to the Saint Paul Long -Range Capital ImprovementBudget Committee (CIB). Adopted Yeas - 7 Nays - 0 7. Resolution - 98 -390 - Approving the appointment of Peter Pearson,by Mayor Coleman, to the Metropolitan Library Service Agenda (MELSA)and Metronet Board of Trustees. Adopted Yeas - 7 Nays - 0 8. Resolution - 98 -391 - Approving the appointments of Christine Funkand Daniel Palmquist, by Mayor Coleman, to the Saint Paul HumanRights Commission. Adopted Yeas - 7 Nays - 0 9. Resolution - 98 -392 - Approving the appointments of Lucy Albinoand Robert Bergstrom, and the reappointments of Linda James, ChanthaKoy, True Pham, Dianne Siegel, and Patrick Xaphakdy, by MayorColeman, to the New Americans Advisory Committee. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 3 of 7 10. Resolution - 98 -393 - Approving the appointment of GillianGriffin and the reappointments of Carol Andrews, Richard Arey, MollyFitzpatrick, and Officer Lucia Wroblewski, by Mayor Coleman, to theBicycle Advisory Board. Adopted Yeas - 7 Nays - 0 11. Resolution - 98 -394 - Finalizing City Council action takenJanuary 28, 1998 granting the appeal of Pat Byrne to a decision ofthe Planning Commission approving a special condition use permit toallow cluster development with ten dwelling units (applicant: MendotaHomes) at XXX Lexington Parkway South (southwest quadrant ofLexington and St. Clair Avenues). Adopted Yeas - 7 Nays - 0 12. Resolution - 98 -395 - Authorizing the proper City officials toaccept and expend a $10,000 Minnesota Amateur Sports Commission(MASC) "Mighty Kids" grant awarded to the Division of Parks andRecreation for creation of a Girls Club to get girls involved inathletics. Adopted Yeas - 7 Nays - 0 13. Resolution - 98 -396 - Authorizing the proper City officials toaccept and expend a $5,000 Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of Parks and Recreationfor football and basketball team participation fees and a newbasketball scoreboard at Jimmy Lee Recreation Center. Adopted Yeas - 7 Nays - 0 14. Resolution - 98 -397 - Authorizing the proper City officials toaccept and expend a $5,000 Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of Parks and Recreationfor reduced cost cross country ski lessons and rental program foryouth. Adopted Yeas - 7 Nays - 0 15. Resolution - 98 -398 - Authorizing the proper City officials toaccept and expend a $3,820 Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of Parks and Recreationfor the implementation of two schools for young officials in 1998. Adopted Yeas - 7 Nays - 0 16. Resolution - 98 -399 - Correcting the legal description of part offhompson Street that the City Council vacated in 1996. Adopted Yeas - 7 Nays - 0 17. Resolution - 98 -400 - Conveying easement rights to Lee R.Anderson and Katherine M. Anderson (Viking Automatic SprinklerBuilding) for storm sewer and watermain purposes. Adopted Yeas - 7 Nays - 0 18. Resolution - 98 -401 - Releasing utility easements near BensonAvenue and Leland Street in part of vacated Partner Street, LelandStreet, Agnes Avenue and the alley in Block 3, Mayor's Addition. Adopted Yeas - 7 Nays - 0 19. Resolution - 98 -402 - Concurring with action taken by the Boardof Water Commissioners in abandonment and release of easement rightsin Anoka County, Lot 2, Block 1, Northco Business Park 4thAddition. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 4 of 7 20. Resolution - 98 -403 - Concurring with action taken by the Boardof Water Commissioners and release of easement rights in AnokaCounty, Lot 1, Block 1, Northco Business Park 5th Addition. Adopted Yeas - 7 Nays - 0 21. Preliminary Order - 98 -404 - In the matter of sidewalkreconstruction on both sides of Bellows St. from W. Page St. to W.Baker St.; both sides of Clifton St. from James Ave. to RandolphAve.; the south side of W. Exchange St. from St. Peter St. to N.Wabasha St.; both sides of S. Milton St. from Palace Ave. to JamesAve.; sidewalk reconstruction with integral curb on the south side ofMulberry St. from Old Kellogg Blvd. to W. Kellogg Blvd.; the northside of W. Page St. from Bellows St. to Bidwell St.; both sides of W.Page St. from Charlton St. to Bellows St.; both sides of W. StevensSt. from Winslow Ave. to Stryker Ave.; both sides of Victoria St.from Palace Ave. to James Ave.; and the east side of Webster St. fromMichigan Ave. to St. Clair Ave., and setting date of public hearingfor June 10, 1998. (File 4S98037- S98046) Adopted Yeas - 7 Nays - 0 DISCUSSION 22. Resolution - 98 -405 - Adopting the revised "Cultural STAR ProgramGuidelines, 1998." Adopted Yeas - 7 Nays - 0 (Amendments were made to the Guidelines) 23. Resolution - 98 -406 - Amending matching requirements forNeighborhood Investment Initiative. Adopted Yeas - 7 Nays - 0 ORDINANCES 24. Final Adoption - 98 -308 - An ordinance amending Chapter 317 ofthe Saint Paul Legislative Code to create a temporary amusement ridelicense. Substitute introduced and laid over to June 10 Yeas - 7 Nays -0 25. Final Adoption - 98 -309 - An ordinance repealing Chapter 349 ofthe Saint Paul Legislative Code pertaining to licensure of rentalclothing. Adopted Yeas - 7 Nays - 0 26. Final Adoption - 98 -310 - An ordinance repealing Chapter 379 ofthe Saint Paul Legislative Code pertaining to licensure oflocksmiths. Laid over to May 27 Yeas - 7 Nays - 0 27. Final Adoption - 98 -311 - An ordinance amending Chapter 417 ofthe Saint Paul Legislative Code regarding parking lots; clarifyingthe distinction between a parking lot and parking garage, removingthe advisory committee requirement, and specifying the minimumstandards for structural condition surveys. Adopted Yeas - 7 Nays - 0 28. Second Reading - 98 -373 - An ordinance amending Chapter 361 ofthe Legislative Code to require tow companies to verify the vehiclestatus prior to towing and to notify the last known owner of thevehicle. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 5 of 7 Laid over to May 27 for third reading /public hearing 29. Second Reading - 98 -374 - An ordinance amending the Saint PaulCharter to provide for voting requirements in case of abstentions forconflict of interest. Laid over to May 27 for third reading /public hearing 30. Second Reading - 98 -375 - An ordinance to regulate conflicts ofinterest for City officials and employees who are offered, or leavethe City for, private employment. Laid over to May 27 for third reading /public hearing 31. First Reading - 98 -407 - An ordinance amending Chapter 324 of theSaint Paul Legislative Code to prohibit tobacco vending machines infacilities where minors are present and to establish anadministrative penalty to be imposed against the clerk at a licensedpremise who sells tobacco or tobacco products to a minor. Laid over to May 20 for second reading 32. First Reading - 98 -408 - An ordinance finalizing City Councilaction taken April 1, 1998 approving a petition of Como NorthtownCredit Union to rezone property located at 965/967 Churchill Streetfrom RT -1 to B -2. (Public hearing held April 1) Laid over to May 20 for second reading PUBLIC HEARINGS (public hearings will beginat 5:30 p.m.) 33. Resolution - 98 -409 - To consider the application for a soundlevel variance by the St. Paul Saints Baseball Club for musicconcerts to be held at Midway Stadium on June 14, 1998 from 2:00 p.m.to 9:00 p.m. and June 27 & 28, 1998 from 1:00 p.m. to 10:00p.m. Adopted as amended Yeas - 7 Nays - 0 34. Third Reading - 98 -349 - An ordinance amending Chapter 409 of theSaint Paul Legislative Code to permit charitable organizations tooperate additional pull -tab dispensing devices at permittedlocations. Laid over to May 27 for final adoption 35. Third Reading - 98 -350 - An ordinance amending the Saint PaulLegislative Code by designating that Maple Street, bounded by EastThird Street and Conway Street, become a one -way street. Laid over to May 27 for final adoption 36.Resolution - 98 -410 - Approving application for a Second HandDealer - Motor Vehicle (1st) License by The Hertz Corporation, dbaHertz Car Sales, 1370 Davern Street. (ID 419970000204) Adopted Yeas - 7 Nays - 0 37. Resolution - 98 -411 - Concerning adverse action against DebraJohnson, dba Sports Break, 1199 Rice Street, for lapse in liquorliability insurance. (Uncontested) Adopted as amended Yeas - 7 Nays - 0 38. Resolution - 98 -412 - Concerning adverse action against Hark'sOil Co., dba Dale Speedy Market, for sale of tobacco or tobaccoproducts to a minor. (Uncontested) Adopted Yeas - 7 Nays - 0 39. Resolution - 98 -413 - Concerning adverse action against L & KCorporation, dba Quick Stop Liquor, file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 6 of 7 824 7th Street East for unlawfulsale of alcohol. (Uncontested) Amended and laid over to May 20 Yeas - 4 Nays - 3 (Blakey,Coleman, Reiter) 40. Resolution - 98 -414 - Approving permit parking changes in fourlocations within the University of St. Thomas Permit Parking Area 45. Adopted Yeas - 7 Nays - 0 41. Resolution - 98 -415 - Approving the decision of the LegislativeHearing Officer on Property Code Enforcement Appeals for propertylocated at: 1511 Rose Avenue East, 860 Vandalia Street, 340 CedarStreet, 613 -615 Elfelt Street, 451 Fairview Avenue North, 100 GeorgeStreet East, 725 Marshall Avenue 43, and 1544 Goodrich Avenue. Adopted Yeas - 7 Nays - 0 42. Resolution - 97 -1491 - Ordering the owner to remove or repair thebuilding at 9 Acker Street West within fifteen (15) days fromadoption of resolution. (Laid over from February 11) (LegislativeHearing Officer recommends withdrawing the resolution) Withdrawn Yeas - 7 Nays - 0 43. Resolution - 98 -114 - Ordering the owner to remove or repair thebuilding at 2125 Waukon Avenue within fifteen (15) days from adoptionof resolution. (Laid over from February 11) (Legislative HearingOfficer recommends amending the order to remove or repair bySeptember 28, 1998) Adopted as amended (per recommendation of the Legislative HearingOfficer) Yeas - 7 Nays - 0 44. Resolution - 98 -381 - Ordering the owner to remove or repair thebuilding at 1291 Rice Street within fifteen (15) days from adoptionof resolution. (Laid over from May 6) (Legislative Hearing Officerrecommends allowing the owner six months to complete rehabilitationprovided a $2,000 bond is posted by noon May 13) Adopted (Remove or repair within 15 days) Yeas - 7 Nays - 0 45. Resolution - 98 -416 - Ordering the owner to remove or repairthe building at 447 Banfil Street within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 Abstention -1 (Benanav) 46. Resolution - 98 -417 - Ordering the owner to remove or repair thebuilding at 449 Banfil Street within fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 Abstention -1 (Benanav) 47. Resolution - 98 -418 - Ordering the owner to remove or repair thebuilding at 948 Forest Street within fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends amending theorder to remove or repair within five (5) days) Adopted as amended (per recommendation of the Legislative HearingOfficer) Yeas - 7 Nays - 0 48. Resolution - 98 -419 - Ordering the owner to remove or repair thebuilding at 1005 Jessie Street within fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends amending theorder to remove or repair by October 16, 1998) Adopted as amended (per recommendation of the Legislative HearingOfficer) Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010 Page 7 of 7 49. Resolution Approving Assessment - 98 -420 - In the matter ofdemolition of a vacant building at 328 Lexington Parkway North, andsummary abatement (property cleanup) at 663 York Avenue. (Flle4J971ICC; J9711AAA) (Laid over from April 22) (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 50. Resolution Approving Assessment - 98 -421 - In the matter ofsummary abatements (property cleanup for part of January and February 1998); boardings -up for November and December 1997; and summary abatement (snow and /or ice removal and sanding walks for part ofDecember 1997 through February 1998). (File 4J9801A, J9801B, J9801A1)(Legislative Hearing Officer recommends approval with the followingexceptions: 1130 Bush Avenue - Reduce the assessment to $400.00 plus a $40.00 service fee; 553 Edmund Avenue - Reduce the charge to $100.00 plus $90.00 for disposal of the trash and a $40.00 service fee; 741 Maryland Avenue - Reduce the assessment to $137.50) (Note: This item will also be a public hearing on May 27) Laid over to May 27 for continuation of public hearing Yeas - 7 Nays - 0 51. Resolution - 98 -422 - Approving (A) a multifamily rental housingdevelopment project for the elderly and a housing program therefore,and authorizing the Housing and Redevelopment Authority to exercisethe powers granted in Minnesota Statutes, Section 462C.01 to 462C.08in connection therewith; and (B) creation of the Superior StreetCottages Housing Tax Increment Financing District and the TaxIncrement Financing Plan relating thereto. Adopted Yeas - 7 Nays - 0 (Amendments were made to the attachments) 52. Public hearing to consider the appeal of "The Neighborhood" to adecision of the Planning Commission approving a special condition usepermit to allow a cluster development with ten (10) dwelling units onproperty located at the southwest quadrant of Lexington Parkway Southand St. Clair Avenue. Motion of Intent - Appeal Denied Yeas - 7 Nays - 0 53. Public hearing to consider the appeal of Michael Prichard andScott and Elisa Knudson to a decision of the Planning Commissiongranting a special condition use permit to allow conversion of aresidential structure greater than 9,000 square feet to a residencefor frail elderly and elderly with dementia/Alzheimer's at 15Montcalm Court. Motion of Intent - Appeal Granted Yeas - 6 Nays - 1 (Coleman) 54. Public hearing to consider the appeal of Ron Severson to adecision of the Board of Zoning Appeals denying variances forconstruction of a carriage house and parking at 420 PortlandAvenue. Motion of Intent - Appeal Denied Yeas - 6 Nays - 1(Bostrom) Meeting adjourned at 10:25 p.m. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171119\Minutes 5 -... 12/15/2010