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Minutes 8-26-1998Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITYCOUNCIL Wednesday, August 26, 1998 - 3:30 - 5:OOP.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 • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Items • Housing and Redevelopment Authority Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry,Reiter Absent - 0 CONSENT AGENDA (Items I -19) 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 Scott Bougie, Joseph Delaney, Alisha Ellwood, RonaldJohnson, Eric Long, Jacqueline Rogers, Laura Schultz, Noemi Trevino,and Theresa Willey. Referred to Employee /Risk Management Division 2. Summons and Complaint in the matter of Alice Young a /k/a AliceWest vs. the City of Saint Paul, et al. Referred to the City Attorney's Office file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 2 of 7 3. Petition of Writ of Certiorari, Proposed Writ of Certiorari, Stateof the Case, and Resolution of the St. Paul City Council in thematter of 5005 Properties, Inc., dba Hillcrest Bingo vs. the St. PaulCity Council. Referred to the City Attorney's Office 4. Letter from the Department of Planning and Economic Developmentannouncing a public hearing before the City Council on September 9,1998 to consider the application of the Saint Paul Port Authority fora preliminary and final plat which will allow property bounded byMississippi Street to the west; Minnehaha Avenue to the north, JohnStreet to the east, and University Avenue to the south to besubdivided into industrial lots. 5. Letter from the Department of Fire and Safety Services /PropertyCode Enforcement declaring 503 St. Albans Street North and 970 3rdStreet East as nuisance properties and setting date of LegislativeHearings for September 1, 1998 and City Council Hearings forSeptember 9, 1998. 6. Letter from the Office of the City Attorney announcing a hearingbefore an Administrative Law Judge on September 17, 1998, Room 220,Conference Room B, City Hall -Court House, concerning contractorslicenses held by Universal Outdoor, Inc. 7. Administrative Orders: D001581 Authorizing expenditures, not to exceed $13,000.00, for a staff recognition and in -house training session for Library staff to be held at the College of Saint Catherine on October 12, 1998. D001582 Lease agreement for storage space at Ramsey County Government Center West as required for the City Hall Annex renovation. D001583 Authorizing the Saint Paul Police Department Critical Incident Response Team (CIRT) to utilize the United States Army's advanced training facility at Camp Ripley on September 20 -23, 1998. Noted as on file in the City Clerk's Office 8. Resolution - 98 -767 - Recognizing the Jimmy Lee Recreation CenterRookie League Baseball Team's outstanding season which culminated inthe Twin Cities Rookie League Title. Laid over to September 2 Yeas - 7 Nays - 0 9. Resolution - 98 -768 - Finalizing City Council action taken August5,1998 granting the appeal of Laura and Joseph Benysek to a decisionof the Board of Zoning Appeals denying a setback variance and aminimum lot size variance in order to split a lot and construct a newsingle family home at 858 South Point Douglas Road. Adopted Yeas - 7 Nays - 0 10. Resolution - 98 -769 - Authorizing the appropriate City officialsto execute a joint powers agreement with Ramsey County to implement acentral vendor certification system. Adopted Yeas - 7 Nays - 0 11. Resolution - 98 -770 - Transferring money from City CouncilContingency into a new budget activity to provide the City's share offunding for a new central vendor certification system. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 3 of 7 12. Resolution - 98 -771 - Authorizing the appropriate City officialsto execute a joint powers agreement with the City of Minneapolis,Hennepin County, Ramsey County and Independent School District 625 toform a governing body for a central certification system. Adopted Yeas - 7 Nays - 0 13. Resolution - 98 -772 - Authorizing issuance of a Neighborhood STARLoan to Home Essence, Inc., recommended by the Neighborhood STARBoard. Laid over to September 2 Yeas - 7 Nays - 0 14. Resolution - 98 -773 - Authorizing payment of $14,500.00 to LeobiaBland in full settlement of her claim against the City of SaintPaul. Adopted Yeas - 7 Nays - 0 15. Resolution - 98 -774 - Authorizing payment of $20,000.00 to KarenBlack in full settlement of her claim against the City of SaintPaul. Adopted Yeas - 7 Nays - 0 16. Resolution - 98 -775 - Approving the decision of the LegislativeHearing Officer on Property Code Enforcement Appeals for propertylocated at 1148 Seventh Street West, 1077 Van Dyke Street, 907 BayardAvenue, 337 Bates Avenue, 218 Dunlap Street North 45, 784 AgateStreet 45, 372 Cook Avenue East, 1019 Edgerton Street, 867 GrandAvenue, 1671 Hubbard Avenue, 859 Tuscarora Avenue, 1088, 1100, 1110,1114, 1118, 1120, 1122, 1126, 1130, 1134, 1138, 1150 Barclay, andl485, 1491, 1495, 1499, 1505, 1509, 1515, 1517, 1519, 1521, 1523,1525, 1527, 1529, 1535 Magnolia Avenue. Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 98 -776 - In the matter of constructing awater main and service connections in Marillac Lane from McKnightRoad to approximately 800 feet west of McKnight Road, and settingdate of public hearing for September 2, 1998. (File 418875W) Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 98 -777 - In the matter of the direct purchaseof property located at 1662 East Hoyt Avenue which is vulnerable toflood damage during rain storms, and setting date of public hearingfor September 23, 1998. (File 418883) Adopted Yeas - 7 Nays - 0 19. Resolution Approving Assessment - 98 -778 - In the matter ofthe Margaret/Arcade Area Street Paving and Lighting Project, andsetting date of public hearing for October 14, 1998. (File 418855) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 20. Resolution - 98 -530 - Accepting grant funds for liquor compliancechecks for 1998 to be performed by the Police and the Office ofLicense, Inspections and Environmental Protection. (Laid over fromAugust 5) Laid over to September 23 Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 4 of 7 21. Resolution - 98 -657 - Giving final approval of 1999 Residential Street Vitality Project Areas and tentative approval of 2000- 2003Project Areas. (Laid over from August 12) Laid over to September 9 Yeas - 7 Nays - 0 22. Resolution - 98 -747 - To consider the vacation of part of WesternAvenue lying northwesterly of Grand Avenue and south of RamseyStreet. (File 41 -1998) (Laid over from August 12) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 23. Final Order - 98 -750 - In the matter of sidewalk construction onthe west side of Chester Street from East Plato Boulevard to EastLafayette Road and the south side of East Plato Boulevard fromChester Street to East Lafayette Road. (File 4S98109) (Laid over fromAugust 12) Laid over indefinitely Yeas - 7 Nays - 0 24. Resolution - 98 -765 - Establishing a moratorium on currencyexchanges, pawn shops, tobacco shops; pending a review andrecommendation by the Department of Planning and Economic Developmentand the Planning Commission. (Laid over from August 19) Amended and laid over to September 2 Yeas - 7 Nays - 0 25. Appeal of Mary Altman to a summary abatement order for propertylocated at 428 Ohio Avenue. (Legislative Hearing Officer recommends denying the appeal and granting an extension to October 1, 1998)(Laid over from August 12) Appeal denied (per recommendation of Legislative HearingOfficer) Yeas - 6 Nays - 0 (Blakey not present for vote) 26. Report from the Administration on the prevention of violencein the workplace. (Discussion continued from August 12) Tom Fabel, Deputy Mayor, and Jerry Serfling and Bob Steiner,AFSCME, provided information. An update will be provided on October28. ORDINANCES 27. First Reading - 98 -766 - Establishing a moratorium oncurrency exchanges, pawn shops, tobacco shops pending a review andrecommendation by the Planning and Economic Development Departmentand the Planning Commission. (Laid over from August 19) Amended and laid over to September 2 for second reading 28. First Reading - 98 -779 - Amending Chapter 84 of the Saint PaulAdministrative Code (Vendor Outreach Program) to make St. Paul's certification standards and definitions match those of otherjurisdictions Laid over to September 2 for second reading 29. Second Reading - 98 -763 - An ordinance finalizing City Councilaction approving the application of Children's Health Care to rezoneproperty from B -3 (General Business) to B -5 (CentralBusiness- Service) to allow the entire hospital campus to be in thesame zoning district at 233 Grand Avenue. (Public hearing held July22, 1998) Laid over to September 2 for third reading PUBLIC HEARINGS (public hearingswill begin at 5:30 p.m.) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 5 of 7 30. Resolution - 98 -780 - To consider adverse action against thecigarette license held by The American Dream Machine, Inc., dbaChristine Liquors, 111 Concord Street. (Uncontested) Adopted Yeas - 7 Nays - 0 31. Resolution - 98 -781 - To consider adverse action against thecigarette license held by K- Mart Corporation, dba K -Mart, 245Maryland Avenue East. (Uncontested) Adopted Yeas - 7 Nays - 0 32. Public hearing to consider the report of the Administrative LawJudge concerning adverse action against licenses held by Jill D.Rasmuson, dba R & R Books, 674 University Avenue. Adopted Findings of Fact and Conclusions of the Administrative LawJudge; A $500.00 fine was imposed. Yeas - 5 Nays - 2 (Coleman,Reiter) 33. Resolution - 98 -782 - Approving the decision of theLegislative Hearing Officer on Property Code Enforcement Appeals forproperty located at 1424, 1428, 1430, 1432, 1434 & 1436 CaseAvenue, and 1741, 1751, and 1761 Sims Avenue. (Laid over from August 12) Adopted as amended Yeas - 7 Nays - 0 34. Resolution - 98 -566 - Ordering the owner to remove or repair thebuilding at 674 Wells Street within fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends approval)(Laid over from July 22) Laid over to September 23 Yeas - 7 Nays - 0 35. Resolution - 98 -714 - Ordering the owner to remove or repair thebuilding at 875 Watson Avenue within fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends laying over tothe September 15 Legislative Hearing) (Laid over from August 5) Laid over to September 2 Yeas - 7 Nays - 0 36. Resolution - 98 -745 - Ordering the owner to remove or repair thebuilding at 1204 Edgerton Street within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendslaying over to September 2 and allowing the owner six months tocomplete rehabilitation provided a $2,000 bond is posted and a codecompliance inspection is completed by noon on September 2) (Laid overfrom August 12) Laid over to September 2 Yeas - 7 Nays - 0 37. Appeal of Susan Mercurio to a summary abatement order forproperty located at 1005 Jessie Street. (File closed; no actionrequired) No action required 38. Appeal of Sharon Smith to a summary abatement order for propertylocated at 82 Cook Avenue West. (Legislative Hearing Officerrecommends denying the appeal) Laid over to September 23 Yeas - 7 Nays - 0 39. Resolution Ratifying Assessment - 98 -783 - In the matter ofsummary abatements (property clean -up) for property at 886 CaseAvenue, 975 Wilson Avenue, and 741 Van Buren Avenue, and towing ofabandoned vehicle from property at 1333 Pacific Street. (File4J9803AA, J9803VV) (Laid over from August 12) (Legislative HearingOfficer recommends denying the appeals for 886 Case Avenue, 975Wilson Avenue and 741 Van Buren Avenue, and reducing the assessmentby $200 for 1333 Pacific Street for a total assessment cost of$249.55) Adopted as amended (per recommendation of the Legislative HearingOfficer) with an additional amendment that the assessment for 975Wilson Avenue be paid over two years. Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 6 of 7 40. Resolution - 98 -784 - To consider a vacation to dispose ofexcess right -of -way as part of the Wabasha Bridge reconstructionproject. Adopted Yeas - 7 Nays - 0 41 Resolution Ratifying Assessment - 98 -785 - In the matter ofsidewalk reconstruction on Juliet, Randolph, Sheridan, Edgcumbe,Wordsworth, Hubbard, Fry, Asbury, Herschel, Simpson, North Fairview,Montrose Place, and Thomas. (File 4597008 - 597013, 597036, 597037,597039, 597049 - 597051) Adopted Yeas - 7 Nays - 0 42. Resolution Ratifying Assessment - 98 -786 - In the matter ofsidewalk reconstruction on East California, Galtier, Marion, Osage,East Sycamore, Alameda, West Arlington, Como Place, Hatch, NorthMilton, North Victoria, Matilda, Maywood, Schletti, and Jessie. (File 4597014 - 597017, 597035, 597052 - 597054,597056 - 597062,597065) Adopted Yeas - 7 Nays - 0 43. Resolution Ratifying Assessment - 98 -787 - In the matter ofcondemning and taking permanent easements for the reconstruction ofShepard Road from Western Avenue to approximately 70 feet east ofvacated Market Street. (File 418878E) Adopted Yeas - 7 Nays - 0 44. Final Order - 98 -473 - In the matter of improving the alley inBlock 3, Lake Park Addition (bounded by Arona, Almond, Snelling andCanfield) by grading and paving with bituminous material. (File 418873) (Laid over from July 22) Withdrawn Yeas - 7 Nays - 0 45. Final Order - 98 -788 - In the matter of sidewalk reconstructionon both sides of Carroll Avenue from North Dale Street to NorthGrotto Street; the south side of Randolph Avenue from South FairviewAvenue to South Wheeler Street; both sides of Chelsea Street fromWest Arlington Avenue to West Hoyt Avenue; both sides of BradleyStreet from Case Avenue to 951 Bradley Street; the north side of WestNebraska Avenue from North Milton Street to North Victoria Street.(Laid over from August 12) Adopted as amended Yeas - 7 Nays - 0 46. Final Order - 98 -789 - In the matter of condemning and taking ofproperty rights as required for expanding the Payne Avenue BridgeFacility at 811 Payne Avenue. (File 418879) Adopted Yeas - 7 Nays - 0 Suspension Items Resolution - 98 -790 - Accepting a grant in the amount of$29,120.00 from the Minnesota Auto Theft Prevention Program. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) Resolution - 98 -791 - Finalizing City Council action taken August 12,1998 approving the application of Lenore Miller for a preliminary andfinal plat to allow the property at 1237 Birmingham Street to besubdivided into two lots with single family homes (Gustafson GardensAddition). Adopted Yeas - 6 Nays - 0 (Harris not present for vote) Resolution - 98 -792 - Approving staff polling locations for theSeptember Primary Election and November General Election in SaintPaul. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010 Page 7 of 7 Adopted Yeas - 6 Nays - 0 (Harris not present for vote) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122346\Minutes 8 -... 12/15/2010