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Minutes 9-23-1998Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITYCOUNCIL Wednesday, September 23, 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 Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry,Reiter Absent - 0 Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Item • Meeting as the Housing and Redevelopment Authority CONSENT AGENDA (Items I - 20) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONEMOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IFDISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENTAGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of August 26, 1998. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010 Page 2 of 6 2. Claims of Daniel Bojarski, Tayna Bartone, Morgan Christian, BarbSkoog and Emmett Dacey, Linda Jones, Frank Mayers, and Lue Vang. Referred to Employee /Risk Management Division 3. Summons and Complaint in the matter of Reklis- Noreen Partnership,dba Video Lease et al vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Motion for Temporary Restraining Order, etc. in the matter of DVM,Inc., dba Dahlco Music & Vending, et al vs. the City of SaintPaul, et al. Referred to the City Attorney's Office 5. Letter from the Department of Planning and Economic Developmentannouncing a public hearing before the City Council on October 7,1998 to consider the appeal of Scenic Minnesota, Highland AreaCommunity Council, and Rogers Chambers to a decision of the PlanningCommission regarding storm - damaged billboards at 1820 Grand Avenue(southwest corner of Grand and Fairview Avenues) and at HighlandVillage Shopping Center (southwest corner of Ford Parkway andCleveland Avenue). 6. Letter from the Office of the City Attorney announcing a publichearing before the City Council on October 14, 1998 to consideradverse action against the cigarette license held by Chang O'Hara'sBistro, 498 Selby Avenue. (Uncontested) 7. Letter from the Office of the City Attorney announcing a publichearing before the City Council on October 14, 1998 to consideradverse action against the cigarette license held by SuperAmerica,399 Lexington Parkway North. (Uncontested) 8. Letter from the Department of Fire and Safety Services /PropertyCode Enforcement declaring 430 Blair Avenue and 794 Frank Street as "nuisance properties." (For notification purposes only; publichearings will be scheduled at a later date if necessary.) 9. Administrative Orders: D001588 Amending the 1998 budget in the Department of Libraries to cover costs of a temporary employee. Noted as on file in the City Clerk's Office D001589 Amending the 1997 budget in the Department of Fire and Safety Services for staff changes in the Property Code Enforcement Division. Discussed and approved Yeas - 7 Nays - 0 D001590 Authorizing payment, not to exceed $3,000, to Dan Gleeson for an illustration of the future Harriet Island promenade and pavilion area. D001591 Establishing the schedule for 1999 qualifying pay periods for employee insurance benefits. Noted as on file in the City Clerk's Office D001592 Authorizing payments totaling $25,550 for Marketing and Promotions to assist neighborhoods in marketing and promoting their respective events for the public good. Discussed and approved Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010 Page 3 of 6 10. Resolution - 98 -853 - Approving the 1997 -1998 Labor Agreementbetween the City of Saint Paul and the International Union ofOperating Engineers Local 70. (To be laid over or e two weeks for adoption) Laid over to October 7 for adoption 11. Resolution - 98 -854 - Finalizing City Council action takenSeptember 9, 1998 granting a preliminary and final plat for WilliamsHill Industrial Park, located along Olive Street north of UniversityAvenue. Adopted Yeas - 7 Nays - 0 12. Resolution - 98 -855 - Approving the decision of the LegislativeHearing Officer on Property Code Enforcement Appeals for: 1285Hamline Avenue North, 1148 Seventh Street West, 439 Portland Avenue,2000 Seventh Street West 4114, 370 -372 Fuller Avenue, 629 NorthStreet 41, 960 June Avenue, 80 West Lawson Avenue, 1424, 1428, 1430,1432, 1434, 1436 Case Avenue and 1741, 1751, 1761 Sims Avenue, and1564 Upper Afton Road. Adopted as amended Yeas - 7 Nays - 0 (629 North Street #1 laid over to October 7) 13. Resolution - 98 -856 - Accepting a grant in the amount of $318,577from the State of Minnesota for After School EnrichmentProgram. Adopted Yeas - 7 Nays - 0 14. Resolution - 98 -857 - Authorizing the Police Department to submita grant application to the Office of Drug Policy in the amount of$132,000 for funding a partnership with the Dakota County Sheriff sDepartment entitled the East Metro Coordinated Narcotics Taskforce. Adopted Yeas - 7 Nays - 0 15. Resolution - 98 -858 - Authorizing payment of $155,000 to TheConservation Fund to purchase 12.73 acres of property, known as the "LaFavor property," in the Highwood area which will be given to theCity for use as passive park. Adopted Yeas - 7 Nays - 0 16. Resolution - 98 -859 - Releasing certain utility easements invacated Stewart Street west of Homer Street. Adopted Yeas - 7 Nays - 0 17. Resolution - 98 -860 - Authorizing the purchase of one parcel ofvacant land for the Highwood Bluff Acquisition Project. Adopted Yeas - 7 Nays - 0 18. Resolution - 98 -861 - Budget amendment transferring contingencyfunds to support an information technology workforce training programfor low income people and the Saint Paul Information TechnologyCouncil. Adopted Yeas - 7 Nays - 0 19. Resolution - 98 -862 - Regarding a Multifaceted Pilot Preventionand Enforcement program to reduce youth access to alcohol. (Companionto Resolution 498 -530, Item 421) Adopted Yeas - 7 Nays - 0 20. 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 to October 7 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010 Page 4 of 6 FOR DISCUSSION 21. 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 26) Adopted Yeas - 7 Nays - 0 22. Update from the Department of Planning and Economic Developmenton the high technology computer training program to meet the needs ofLawson Software's future employees. (Update requested on September 9,C.F. 498 -823) An update was presented by Sean Kershaw, Department of Planningand Economic Development. 23. Resolution - 98 -852 - Approving the form of the ballot questionrecommended by the Saint Paul Charter Commission to amend the SaintPaul City Charter 2.07 and 2.07.1 pertaining to the annual salary ofa City Councilmember. (Laid over from September 16) Withdrawn 24. Resolution - 98 -864 - Referring the application for a FirearmsLicense by St. Paul Firearms, dba St. Paul Firearms Company, Gregg A.Perkins, President, 634 Snelling Avenue North, to an AdministrativeLaw Judge. Substitute introduced and adopted Yeas - 6 Nays - 0 (Blakey notpresent for vote) ORDINANCES 25. Final Adoption - 98 -766 - Establishing a moratorium on pawn shopspending a review and recommendation by the Planning and EconomicDevelopment Department and the Planning Commission. (Amended onSeptember 2) Adopted Yeas - 4 Nays - 2 (Benanav, Coleman) (Blakey notpresent for vote) 26. Final Adoption - 98 -779 - An ordinance amending Chapter 84 of theSaint Paul Administrative Code (Vendor Outreach Program) to make St.Paul's certification standards and definitions match those of otherjurisdictions. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 27. First Reading - 98 -865 - An ordinance amending Appendix C of theLegislative Code pertaining to the gas service franchise of NorthernStates Power Company. Laid over to October 7 for second reading 28. First Reading - 98 -866 - An ordinance amending Saint PaulLegislative Code Chapter 409.26; reducing the presumptive penaltiesfor noncompliance of liquor licenses. Laid over to October 7 for first reading PUBLIC HEARINGS (public hearingswill begin at 5:30 p.m.) 29. Resolution - 98 -867 - To consider the application of SeanO'Byrne of Great Waters Brewing fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010 Page 5 of 6 Company for a sound level variancefrom 4:30 p.m. to 10:00 p.m. on October 1 & 2, 1998 and from 12Noon to 10:00 p.m. on October 3, 1998 to allow live music to be heldin a tent on 7th Place Plaza. Adopted Yeas - 6 Nays - 0 (Coleman not present for vote) 30. Public hearing to consider the report of the Administrative LawJudge concerning adverse action against licenses held by BramCorporation, dba Arcade Bar, 932 Arcade Street. Adopted Findings of Fact, Conclusions and Recommendation of theAdministrative Law Judge Yeas - 7 Nays - 0 31. 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 August 26) Laid over to October 28 Yeas - 7 Nays - 0 32. Resolution - 98 -868 - Ordering the owner to remove or repairthe building at 370 Atwater Street within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendsallowing the owner six months to complete rehabilitation) Adopted as amended (per recommendation of the Legislative HearingOfficer) Yeas - 7 Nays - 0 33. Resolution - 98 -869 - Ordering the owner to remove or repair thebuilding at 312 Erie Street within five (5) days from adoption ofresolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 34. Resolution Ratifying Assessment - 98 -870 - In the matter ofsummary abatements (property clean -up) for May, 1998; boarding -up ofvacant buildings for April and May, 1998; and towing of abandonedvehicles for April, May and June, 1998. (File 4J9804A, J9804B,J9804V) (Legislative Hearing Officer recommends approval with thefollowing exceptions: 787 Fuller Avenue - Delete Assessment; 1904Jefferson Avenue - Laid over to the October 6, 1998 LegislativeHearings) Adopted as amended (per recommendation of the Legislative HearingOfficer) Yeas - 7 Nays - 0 35. Appeal of Sharon Smith to a summary abatement order for propertylocated at 82 Cook Avenue West. (Legislative Hearing Officerrecommends denying the appeal) (Laid over from August 26) Appeal denied Yeas - 7 Nays - 0 36. Resolution - 98 -871 - Making certain determinations andfindings necessary for acquisition of property at 393 SherburneAvenue. Withdrawn 37. Resolution - 98 -872 - Authorizing the purchase of propertylocated at 1686 Hoyt Avenue as part of Phase I of the Hoyt- MontanaFlood Remediation Project. Adopted Yeas - 7 Nays - 0 38. Final Order - 98 -873 - In the matter of the direct purchase ofproperty located at 1662 East Hoyt Avenue which is vulnerable toflood damage during rain storms. (File 418883) Adopted Yeas - 7 Nays - 0 39. Resolution Ratifying Assessment - 98 -874 - In the matter of theRailroad Island Area Street Paving and Lighting Project. (File 418856) Laid over to October 14 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010 Page 6 of 6 40. Resolution Ratifying Assessment - 98 -875 - In the matter ofthe Ecolab Plaza Project. (File 418863, 18863A, 1886313) Adopted Yeas - 7 Nays - 0 41. Resolution Ratifying Assessment - 98 -876 - In the matter ofreplacement of lead water service connections, as requested byproperty owners. (File 498LDSCRPL) Adopted Yeas - 7 Nays - 0 42. Public hearing to consider the application of Lower Afton SeniorsLLC to rezone property from B -2 (Community business) to RM- 2(Multiple Family) to allow construction of 56 units of senior housingon the currently vacant site on Lower Afton Road (201 feet west ofMcKnight Road). Motion of Intent - Application Granted Yeas - 7 Nays - 0 Suspension Item Resolution - 98 -877 - Approving settlement entitled "SchnitzerSite Mediation Statement of Terms of Settlement" whereby allegedpolluters will pay the cost of clean up thereby reducing the amountof tax increment financing by an equal amount. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) The Council requested that the Administration provide an update onLiveable Wage at the October 28 City Council meeting. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122010\Minutes 9 -... 12/15/2010