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Minutes 5-5-1999Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 5, 1999 - 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 • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 6 - Benanav, Blakey,Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrivedafter roll call) Nancy Anderson, AssistantSecretary to the Council, read the following communication into the record: Letter from the Department ofPlanning and Economic Development announcing a public hearing before theCity Council on May 12, 1999, to make necessary findings and determinationsand to authorize proceeding with acquisition of the parcel at the northeastcorner of Pelham Boulevard and Myrtle Avenue through eminent domain. CONSENT AGENDA(Items I - 20) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDEREDSEPARATELY. FOR ACTION fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171451\Minutes 5 -... 12/15/2010 Page 2 of 7 1. Approval of minutes of March 10, 17, and 24, 1999. Adopted Yeas - 7 Nays - 0 2. Claims of Beau Tordsen, andKelly Wilke. Referred to the Employee /RiskManagement Office 3. Summons and Complaint in thematter of Heather Clarkson vs. the City of Saint Paul, et al. Referred to the City Attorney'sOffice 4. Summons and Complaint in thematter of Rosie Martinez vs. the City of Saint Paul, et al. Referred to the City Attorney'sOffice 5. Letter from the Office ofLicense, Inspections and Environmental Protection announcing a public hearingbefore the City Council on May 12, 1999, to consider the appeal of JLTGroup to a decision of the Planning Commission approving a site plan fora trucking facility at approximately 630 Prior Avenue North with conditionsregulating access to the site, noise, hours of operation and other issues. 6. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council onMay 12, 1999, concerning the License Application of Gerald Grossman foran Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at545 University Avenue. (Uncontested) 7. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council onMay 12, 1999, concerning the License Application of Richard Diaz, dba RickDiaz Auto Services, 933 Atlantic Street. (Uncontested) 8. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council onMay 12, 1999, concerning the Renewal Application for a Taxicab Driver'sLicense by Henry C. Hormann, 738 3rd Street East. (Uncontested) 9. Letter from the Office ofthe City Attorney announcing a public hearing before the City Council onMay 12, 1999, concerning the Master Plumber and Gas Fitter Competency Cardheld by Richard Fischer, North Star Plumbing, 62 South Hamline Avenue. (Uncontested) 10. Communication from Briggsand Morgan indicating authorization by the Board of Education for ISD 4625to commence eminent domain proceedings for the acquisition of 718 YorkAvenue. 11. Communication from the MinnesotaDepartment of Administration to Brad Jacobsen, President of the St. PaulPolice Federation, advising of the Commissioner's intent to take additionaltime to issue an advisory opinion requested by Mr. Jacobsen. 12. AdministrativeOrders: D001697 Authorizing the Departmentof Public Works to expend funds, not to exceed $15,000, for an open houseon May 18, 1999. . D001698 Amending the 1998budget in the Division of Parks and Recreation Grants and Aids Budget. . D001699 Authorizing the Divisionof Parks and Recreation to pay Saint Mark's School, 2001 Dayton Avenue,an amount not to exceed $4,000 from the City's 1999 Children's Play file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171451\Minutes 5 -... 12/15/2010 Page 3 of 7 AreaEquipment Program for their Child Care and After School Care Project. Noted as on file in the City Clerk's Office 13. Resolution - 99 -385 - Approvingapplication for Malt Off Sale, Grocery (C), and Cigarette /Tobacco Licensesby Robert Mehta, dba Lou's Market, 1199 White Bear Avenue North. (LegislativeHearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 14. Resolution - 99 -386 - Authorizingthe Housing Information Office to execute a contract with the Family HousingFund in the amount of $185,000 for the City's Mortgage Foreclosure PreventionProgram. Adopted Yeas - 7 Nays - 0 15. Resolution - 99 -387 - Agreeingto hold Macalester College harmless for use of their athletic track atl600 Grand Avenue on June 18 and July 10, 1999, by the Division of Parksand Recreation. Adopted Yeas - 7 Nays - 0 16. Resolution - 99 -388 - Authorizingthe Department of Planning and Economic Development to accept $500,000from the Department of Trade and Economic Development to be provided toMediaOne of St. Paul for capital improvements to the former Departmentof Revenue Building. Adopted Yeas - 7 Nays - 0 17. Resolution - 99 -389 - Authorizingrelease of utility easements in part of vacated Fenton and Kentucky Streetsand within the alley located in Lot 6, Block 2, Riverview Industrial Park, 141 South Lafayette Freeway. Adopted Yeas - 7 Nays - 0 18. Resolution - 99 -390 - AmendingCouncil File 4215995, dated December 26, 1963, so as not to retain theeasements of vacated and discontinued public property at McAfee Streetand Maryland Avenue as requested by the present representative of the propertyowner. Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 99 -391- In the matter of sidewalk reconstruction in Ward 2 on both sides of RandolphAvenue from View Street to Bay Street; in Ward 3 on the west side of DavernStreet from Norfolk Avenue to south 135 feet; the east side of EdgcumbeRoad from St. Paul Avenue to Field Avenue and the west side of EdgcumbeRoad from Sheridan Avenue to the railroad tracks; and in Ward 4 on thewest side of North Hamline Avenue from Sherburne Avenue to Thomas Avenue,and setting date of public hearing for June 9, 1999. (File 4S99065- S99068) Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 99 -392- In the matter of sidewalk reconstruction in Ward 6 on both sides of AmesAvenue from Van Dyke Street to North Hazel Street; the south side of EastMaryland Avenue from Hazelwood Street to Herbert at 1624 East MarylandAvenue only; and both sides of Mechanic Avenue from Van Dyke Street toNorth Hazel Street; in Ward 7 on both sides of East Fourth Street fromNorth Howard Street to North McKnight Road; and both sides of East ThirdStreet from English Street to Clarence Street, and setting date of publichearing for June 9, 1999. (File 4S99069- S99073) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171451\Minutes 5 -... 12/15/2010 Page 4 of 7 21. Resolution - 99 -393 - Approvingthe decision of the Legislative Hearing Officer on Property Code EnforcementAppeals for property located at 1564 Upper Afton Road. (Laid over fromNovember 12, 1998) Adopted Yeas - 7 Nays - 0 22. Resolution - 99 -292 - Approvingapplication for a Malt Off -Sale License by Ahmad Ibrahim, dba Mona's Market, 1218 Thomas Avenue. (Legislative Hearing Officer recommends approval) (Laidover from April 7) (Note: This resolution will be withdrawn) Withdrawn Yeas - 7 Nays -0 23. Resolution - 99 -357 - Statingthe intent of the City Council that developer fees be determined on a project- by- projectbasis, based on a mix of development variables including project complexity, scale, schedule and developer risk and performance. (Laid over from April21) Substitute introduced, amendedand adopted Yeas - 7 Nays - 0 24. Resolution - 99 -358 - Statingthe intent of the City Council that all housing proposals be consideredfor funding from the City of Saint Paul or the Saint Paul Housing and RedevelopmentAuthority include private equity from the developer for a least 50% ofthe total project cost. (Laid over from April 21) Withdrawn Yeas - 7 Nays -0 25. Resolution - 99 -361 - Requestingthat staff of the Department of Planning and Economic Development develop,with neighborhood involvement, standard designs for single family homeswith three bedrooms, single family, cluster development town homes andmulti -unit rental housing. (Amended and laid over from April 21) Adopted as amended Yeas -7 Nays - 0 26. Resolution- 99 -321 - Approving application for Auto Repair Garage and Second HandDealer -Motor Vehicle Licenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street. (Legislative Hearing Officer recommends approvalwith conditions) (Laid over from April 28) Laid over to May 12 Yeas- 7 Nays - 0 27. Resolution - 99 -381 - Orderingthe owner to remove or repair the building at 918 Park Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officerrecommends the owner be given six months to complete the rehabilitationprovided a $2,000 bond is posted by noon on April 28, 1999) (Laid overfrom April 28) Adopted (remove or repairwithin 15 days) Yeas - 7 Nays - 0 28. Resolution - 99 -394 - Requestingthat the Administration provide an update on the progress of implementationof the Metropass Program at the May 19, 1999, City Council meeting. Adopted Yeas - 7 Nays - 0 ORDINANCES 29. Final Adoption - 99 -231 - Anordinance amending Sections 376.16 and 376.17 of the Saint Paul LegislativeCode; establishing taxicab driver training as a prerequisite for licensure.(Laid over from April 14) Substitute introduced andlaid over to May 12 for final adoption Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171451\Minutes 5 -... 12/15/2010 Page 5 of 7 30. Final Adoption - 99 -272 -An ordinance requiring the inspection and registration of certain rentalunits in one and two family dwellings. (Substitute introduced and laidover from April 28) Amended and laid over toMay 12 for final adoption Yeas - 7 Nays - 0 31. Final Adoption - 99 -329 -An ordinance amending Chapter 45 of the Saint Paul Legislative Code relatingto summary abatement appeals. Adopted Yeas - 7 Nays - 0 32. Final Adoption - 99 -341 -An ordinance amending Chapter 66 -216 of the Saint Paul Legislative Codepertaining to special district sign plans by creating a new special districtsign plan for Saint Anthony Park to be known as the Saint Anthony ParkSpecial District Sign Plan. (Amended on April 28) Adopted Yeas - 7 Nays - 0 33. Second Reading - 99 -383 -An ordinance designating the Coney Island Buildings as a Heritage PreservationSite. Laid over to May 26 for thirdreading /public hearing Yeas - 7 Nays - 0 34. Second Reading - 99 -384 -An ordinance designating the Seventh Place Buildings as a Heritage PreservationSite. Laid over to May 26 for thirdreading /public hearing Yeas - 7 Nays - 0 35. First Reading - 99 -395 -An ordinance to establish a distance limitation between establishmentslicensed to sell 3.2 percent malt liquor at off -sale. Laid over to May 12 for secondreading 36. First Reading - 99 -396 -An ordinance finalizing City Council action approving a petition for FriendsSchool of Minnesota to rezone property at 1365 Englewood Avenue from RM -3to OS -1 to allow expansion of the existing school. (Public hearing heldOctober 28, 1998) Laid over to May 12 for secondreading PUBLIC HEARINGS(public hearings will begin at 5:30 p.m.) 37. Third Reading - 99 -353 - Anordinance amending Chapter 34 of the Saint Paul Legislative Code to accuratelyreflect current enforcement practices, to update appeals action, and toaddress emergency vacate orders. Laid over to May 12 for finaladoption 38. Resolution - 99 -277 - Orderingthe owner to remove or repair the building at 382 Dewey Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officerrecommends approval) (Laid over from March 24) Adopted as amended Yeas -7 Nays - 0 39. Resolution - 99 -397 - Approvingapplication for a sound level variance by the St. Paul Saints BaseballClub for four live music concerts to be held at Midway Stadium, 1771 EnergyPark Drive, on July 16 from 6:00 p.m. to 10:00 p.m. 9!99- p:nrand August 21 from 7:00 p.m. to 10:30 p.m. Adopted as amended Yeas -7 Nays - 0 The public hearing will becontinued on May 12 regarding the live music concerts on July 17 from 1:00p.m. to 10:00 p.m. and July 18 from 1:00 p.m. to 9:00 p.m. file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17145IWinutes 5 -... 12/15/2010 Page 6 of 7 40. Resolution Ratifying Assessment- 99 -398 - In the matter of boarding -up of vacant properties for Augustand December 1998; boarding up of vacant properties for October and November1998; towing abandoned vehicles for October 1998; demolition of vacantbuildings for December 1998 and January and February 1999; summary abatements(snow and /or ice removal and sanding walks) for January and February 1999;and summary abatements (property clean -up) for January and February 1999.(File 4J9901 B, J9901 B 1, J9901 V, J9901 C, J9901 A 1, J9901 A) (Legislative Hearing Officerrecommends approval with the following exceptions: . 617 Geranium Avenue East (J990lAl)- delete assessment . 805 Central Avenue West (J9901A)- Laid over to the June 1 Legislative . Hearing and June 9 City CouncilMeeting) Adopted as amended (per recommendationof the Legislative Hearing Officer) Yeas - 7 Nays - 0 41. Publichearing to consider the appeal of Michelle Hotzler to a decision of theHeritage Preservation Commission denying approval of a building permitto construct a garage at 472 Dayton Avenue.(Laid over from April 7) (Note: This appeal will be withdrawn) Appeal withdrawn Yeas - 7Nays - 0 42. Public hearing to considerthe application of Michael Lander for a final plat review approval to allowexisting residential property at 275 -285 Irvine Avenue to be platted intofour lots. Motion of Intent - ApplicationGranted Yeas - 7 Nays - 0 SuspensionItem Resolution - 99 -399 - Acceptingthe invitation to the Fifth Annual Millard Fillmore Dinner on May 13, 1999,and declaring this event a public purpose. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171451\Minutes 5 -... 12/15/2010 Page 7 of 7 fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17145IWinutes 5 -... 12/15/2010