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Minutes 10-05-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 5, 1994 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Meeting was called to order at 3:40 p.m. by Council President Thune Present - 6- Councilmembers Blakey, Guerin, Grimm, Harris, Rettman, Thune Absent - 1 - Councilmember Megard (Excused) CONSENT AGENDA NOTE: ALL /TEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOT/ON. THERE WILL BE NO SEPARATE D/SCUSSION OF THESE /TEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Councilmember Rettman requested that Item 26 be removed for discussion. Councilmember Rettman requested that the Council file number on the resolution, Item 28, be corrected to read 94-1429. Councilmember Blakey requested that Item 38 be removed for discussion. Councilmember Blakey moved approval of the Consent Agenda as amended. Roll Call Yeas - 6 Nays - 0 FOR ACTION 1. Claims of Monta Davis, David & Roberta Erdmann, Farmers Insurance Company (subrogee of Lawrence Schultz, Jeanne M. Hosch, and Diane S. Peterson. Referred to the City Attorney's Office 2. Third-Party Summons and Complaint and Notice and Acknowledgement of Service by Mail in the matter of Steven L. Mogol, et al. vs. the City of St. Paul, et al. Refened to the City Attorney's Of�ce 3. Petition of Mr. David Lutter, 522 York Avenue, Mr. Terrance D. Hayes, 512 York Avenue, Brighton Development Company, and the East Side Neighborhood Development Company for the vacation of a portion of the a11ey; Bradley Street North to York Avenue from a line extended Westerly of the Southwest Corner of Lot 11, Block 2, to the Southeast Corner of Lot 20, Block 3, E. Rice's ist Addition. (For refenal to the Real Estate Division as to form and sufficiency.) Refened to the Rea1 Estate Division for check as to form and sufficiency. 4. Letters from the Division of Public Health declaring 420 Minnehaha Avenue East, and 1516 White Bear Avenue North as "nuisance property". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) October 5, 1994, 1994 City Council Summary Minutes Page 2 5. Letters from the Division of Public Health declaring properties located at 565 Beaumont Street, 485 Kenny Road, 1136 Minnehaha Avenue East, 298 Sherbume Avenue, 1288 Payne Avenue aka 648 Hyacinth, 256 Prescott Street, 833-835 Selby Avenue, and 1036 Sims Avenue as nuisance properties and setting dates of Legislative Hearing for October 18, 1994, and City Council Hearing for October 26, 1994. 6. Letter from the Office of License, Inspection and Environmental protection (LIEP) announcing date of public hearing for Wednesday, October 26, 1994, at 3:30 p.m. before the City Council pertaining to C�nency Exchange License Application for the premises located at 577 University Avenue, St. Paul. (Interested parties should contact Christine Rozek at 266-9114) 7. Letter from the Office of License, Inspection and Environmental Protection (LIEP) announcing date of public hearing for Wednesday, October 26, 1994, at 3:30 p.m. before the City Council pertaining to G�rrency Exchange License Application for the premises located at 1532 West University Avenue, St. Paul. (Interested parties should contact Christine Rozek at 266-9114) 8. Letter from the Off'ice of License, Inspection and Environmental Protection (LIEP) announcing date of public hearing for Wednesday, October 26, 1994, at 3:30 p.m. before the City Council pertaining to Currency Elcchange License Application for the premises located at 981 Payne Avenue, St. Paul. (Interested parties should contact Christine Rozek at 266- 9114) 9. Administrative Orders: D00252 Amending the 1994 budget in the Department of Public Works/Street Repair and Cleaning Fund. D00253 Addition of $4,600 to the contract for Northwest Area Handicap Accessibility Improvements. D00254 Amending the Spending Plan in the 1994 budget in the Division of Parks and Recreation/Japanese Garden. D00255 Amending the 1994 budget in the Department of Finance and Management Services/Cable Communications. D00256 Amending the Spending Plan of the 1994 budget in the Division of Parks and Recreation/Municipal Stadium. D00257 Addition of $9,400 to the contract for Groveland Park Elementary School Ballfields. D00258 Addition of $680.48 to the contract for Municipal Stadium Signage. D00259 Amending the 1994 budget of the Executive Administration/General Fund by moving salary dollars from Mayor's Contingency to pay for non-certi�ed salaries. Noted as on file in the City Clerk's Office 10. Resolution - 94-1411 - Approving renewal of On Sale wine and On Sale Malt (strong beer) by Minnesota Historical Society, dba History Center, 345 Kellogg Boulevard West. (ID #57570) (To be laid over one week for adoption) Laid over to October 12 October 5, 1994, 1994 City Council Summary Minutes Page 3 11. Resolution - 94-1412 - Approving renewal of various Class III and Supporting Licenses by: James L. Ulrich, 430 Hatch Avenue; Rihm Motor Company, 2108 University Avenue West; Len's Auto Service, 1419 7th Street West; Midwest, 259 Como Avenue; Castro's Collision Center, 786 Robert Street South, Golden Rule Building Parking Lot, 450 Minnesota Street; Westphal's Auto Repa.ir, 933 Atlantic Street; R.H. Auto Sa1es, 834 7th Street West; and Gay and Lesbian Community Action Council/Rumour's, 490 Robert Street North. (ID #10109- 74132) (To be laid over one week for adoption) Laid over to October 12 12. Resolution - 94-1413 - Approving renewal of various Class III and Supporting Licenses by: Johnson Area Youth Hockey/Louie's, 883 Payne Avenue; Highland Theatre 1& 2, 760 Cleveland Avenue South; Johnson Area Hockey/Govemor's, 959 Arcade Street; BFI Medical Waste Systems of MN Inc., 742 Vandalia Street; and Arrow Auto and Truck Parts, Inc., 780 Barge Channel Road. (ID # 19239-99084) (To be laid over one week for adoption) Laid over to October 12 13. Resolution - 94-1414 - Approving renewal of various Class III and Supporting Licenses by: Craig's Country Boy, 922 Thomas Avenue; LePainter Body Shop, 744 3rd Street East; Anderson-Nelson VFW Post # 1635, 648 Lawson Avenue East; Quality Metals Inc., 2575 Doswell Avenue; Mike's East Side Auto Clinic, 510 White Bear Avenue North; Great Westem Recycling Industries, Inc., 521 Barge Channel Road; and March Motors, 632 Prior Avenue North. (ID #01363-67945) (To be laid over one week for adoption) Laid over to October 12 14. Resolution - 94-1415 - Approving renewal of various Class III and Supporting Licenses by: Roering Auto Body, 90 Dale Street North; Service Parking, 143 7th Street East; Jensen Durfee & Associates, 140 7th Street East; and Mr. Tire Service Center, 1201 Rice Street. (ID #14291-95805) (To be laid over one week for adoption) Laid over to October 12 15. Resolution - 94-1416 - Approving the appointment of Jerry Blakey as the City of Saint Paul's Altemate Member to the Joint Disparity Board. Adopted Yeas - 6 Nays - 0 16. Resolution - 94-1417 - Approving the appointment, by Mayor Coleman, of Senator Sandra Pappas to the Saint Paul Riverfront Corporation. (To be laid over one week for adoption) Laid over to October 12 17. Resolution - 94-1418 - Approving the reappointment of Howard Guthman and the appointment of Andrew Boss, by Mayor Coleman, to the Saint Paul Port Authority. (To be laid over one week for adoption) Laid over to October 12 18. Resolution - 94-1419 - Approving the reappointment of Richard Willits to the Public Housing Agency of Saint Paul. (To be laid over one week for adoption) Laid over to October 12 October 5, 1994, 1994 Gity Council Summary Minutes Page 4 19. Resolution - 94-1420 - Increasing the number of inembers on the Public Safety Advisory Council from 20 to 25. Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 94-1421 - In the matter of improving Fourth Street from Germain Street to Kennard Street including concrete curb and gutter, driveway aprons, and a new lighting system, and setting date of public heaxing for November 30, 1994. (File #18751) Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 94-1422 - In the matter of improving George Street from Smith Avenue to Concord Street including grading, paving, constructing curb and gutter, driveway aprons, outwalks, storm sewer, installing lantern style lighting and doing all other work necessary to complete said improvement, and setting date of public hearing for November 30, 1994. (File # 18752) Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 94-1423 - In the matter of constructing the Seventh/Cedar Area Storm Sewer Separation Project in the area bounded by I-94 on the north, Jackson-Robert- Minnesota on the east, Shepard-Kellogg on the south and Ninth-Main on the west, and setting date of public hearing for December 14, 1994. (File #18765) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 94-1424 - In the matter of constructing sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Seventh/Cedar Street Area Storm Sewer Separation Project, and setting date of public hearing for December 14, 1994. (File # 18766) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 94-1425 - In the matter of improving White Bear Avenue between Conway Street and Fremont Street by grading, paving, constructing curb and gutter, driveway aprons, concrete walks, placing topsoil and sodding boulevards, installing lantem style street lighting, installing a new traffic signal at White Bear Avenue and Third Street, and completing all other work necessary for said improvements, and setting date of public hearing for November 30, 1994. (File # 18772) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 94-1426 - In the matter of improving the Como/Raymond/Cleveland intersection by constructing concrete curb and gutter, driveway aprons, walks, placing topsoil and sodding boulevards, constructing storm sewer, reconstructing the traffic signal system and doing a11 other work necessary to complete said improvements, and setting date of public hearing for November 30, 1994. (File #18773) Adopted Yeas - 6 Nays - 0 26. Discussed later in the meeting. October 5, 1994, 1994 City Council Summary Minutes Page 5 27. Resolution - 94-1428 - Transferring the remaining cash balance in the Sewer Availability Charge Fund (SAC), Fund 610 to the Sewer Service Enterprise Fund (260) and eliminate the SAC Fund (610). Adopted Yeas - 6 Nays - 0 28. Resolution - 94-1429 - Approving the carry forward of 1993 grant revenue for operation of special programs at the Housing Information Office. Adopted Yeas - 6 Nays - 0 29. Resolution - 94-1430 - Finalizing City Council action taken on September 21, 1994, to accept the Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge and denying the license application of Louis J. Bacigalupo, dba The Car Connection, 817 Vandalia Street. Adopted Yeas - 6 Nays - 0 30. Resolution - 94-1431 - Finalizing City Council action taken on September 21, 1994, concerning adverse action against licenses held by Anowa Khamassi, dba Your Food Market, 169 North Victoria Street. Adopted Yeas - 6 Nays - 0 31. Resolution - 94-1432 - Approving the usage of the monies raised to fund the Saint Paul Cigarette Compliance Program. Adopted Yeas - 6 Nays - 0 32. Resolution - 94-1433 - Accepting grant funds for the Office of License Inspections and Environmental Protection (LIEP) to initiate a program for educating Southeast Asian foodhandlers in the City of St. Paul. Adopted Yeas - 6 Nays - 0 33. Resolution - 94-1434 - Authorizing the St. Paul Police Department to apply and enter into a contract with the Minnesota Department of Public Safety to receive grant money for narcotics control. Adopted Yeas - 6 Nays - 0 34. Resolution - 94-1435 - Authorizing the Saint Paul Police Department to donate bicycles from the Police Impound Lot. Adopted Yeas - 6 Na�s - 0 35. Resolution - 94-1436 - Approving payment to Anne Irene Payton in the amount of $7,500 in full settlement of her claim against the City of St. Paul and Sentry Claims Service in the amount of $2,255 in full settlement of their subrogation lien. Adopted Yeas - 6 Nays - 0 36. Resolution - 94-1437 - Approving payment to Heidi Hayes and Jerry Hayes in the amount of $12,000 in full settlement of their elaim against the City of St. Paul. Adopted Yeas - 6 Nays - 0 October 5, 1994, 1994 City Counci� Summary Minutes Page 6 37. Resolution - 94-1438 - Increasing the amount of CDBG funding in the Single Family Rehabilitation Program which will restore the budget to its original funding level. Adopted Yeas - 6 Nays - 0 38. Discussed later in the meeting. 39. Resolution - 94-1440 - Approving the policy conceming trail/bikeway development which has been adopted by the Saint Paul Parks and Recreation Commission. � Adopted Yeas - 6 Nays - 0 40. Resolution - 94-1441 - Executing an agreement between the City of Saint Paul and the City of Minneapolis to participate in the Twin City Area Urban Corps Program. Adopted Yeas - 6 Nays - 0 41. Resolution - 94-1442 - Finalizing City Council action taken on September 7, 1994, to approve a final plat for Health One Children's Addition. Adopted Yeas - 6 Nays - 0 42. Resolution - 94-1443 - Adopting an amendment to the plan for Land Use in the Saint Paul Comprehensive Plan: The Lowertown Small Area Plan. Adopted Yeas - 6 Nays - 0 43. Resolution - 94-1444 - Approving action of the Property Code of Enforcement Board of Appeals taken at the August 11, 1994, meeting for variances on 19 properties. Adopted Yeas - 6 Nays - 0 44. Resolution - 94-1445 - Approving action of the Property Code of Enforcement Board of Appeals taken at the August 11, 1994, meeting for extensions of time on 6 properties. Adopted Yeas - 6 Nays - 0 45. Resolution - 94-1446 - Approving the 1994 Agreement between Independent School District No. 625 and the School Service Employees Loca1 No. 284 SEN, AFL-CIO representing Cook Managers. (To be laid over one week for adoption) Laid over to October 12 26. Resolution - 94-1427 - Reaffirming the Mayor's and City Council's desire to continue residential street paving after sewer separation is complete, and set the target level of funding at a level to complete this work in 13 to 15 years. Councilmember Rettman reviewed the changes made to the resolution in order to show that they are still consistent with what has been doing since 1986. These were identified as friendly amendments. Councilmember Harris asked for clarification on the amendment regarding "newer paved streets with bench straw or wood pole lighting." Councilmember Rettman clari�ed that the intent is to continue replacing the wooden light poles, as has been done for the last 10 years, with lighting that is consistent with the standard at the time of replacement. Some of the major arterial streets have the bench straw which will not need to be replaced; but there may be additional lantem-style lights to October 5, 1994, 1994 City Council Summary Minutes Page 7 lighten up the streets. Stacy Becker, Director of Department of Public Works, stated that there is a capital allocation policy which implies that once a street is paved, they don't go back for ten years to change anything. However, the streets that were paved more than 10 years ago do not have the lantem-style lights and without a program like this, there is no way to install the new lighting to make it consistent with the rest of the neighborhood, should those neighbors desire that. The intent of the amendment is to allow any neighborhoods the option to install the newer lantern-style lighting if that becomes a priority for them. Harris questioned how to establish which areas they should consider for the newer lighting. Becker stated that each neighborhood would determine their highest priorities, balanced with other needs and the available funding. Then they submit their requests to the CIB Committee which then go through the City CounciL Councilmember Guerin questioned whether this is the best process due to the lack of expertise regarding lead pipes or crime, especially in relation to the prioritiza.tion of needs for lighting. Council President Thune reminded those present that this is not a free-standing street- lighting program; this is part of the street-paving program. Hence, these amendments simply a11ow that new lighting be put in as the streets are being repaved with the process of sewer reconstruction. Councilmember Rettman added that the reason why the lighting issue is separate from the other two amendments is that there are some areas where they have skipped over some of the streets that didn't need paving. When the crews are back doing paving, they can change the light poles. This provides an opportunity to �nish up the area. The reason for the other two sets of amendments is to make sure that the administration, the Department of Public Works and all the affected departments are part of the process, not just the CIB Committee. Rettman reviewed the resolution that was adopted by the CIB Committee regarding the streets being paved through the Citizen Participation Process. It will be a systematic process for not only improving the streets but for coordinating lead pipe replacement, and promoting economic and residential development and improvement within the neighborhoods. The administrative components have been added so that all of the money will not go to one issue; it is totally separate from the lighting. Thune stated that this does not apply to streets that have been paved already under sewers. Public Works Director Becker verified that this was conect. The process and the prioritization are key. She commended the CIB Committee on balancing city needs. She added that if the Council would like to suggest to the CIB Committee the type of criteria that they should use as they review the overall priorities and projects that come in from the neighborhoods, she believes the CIB Committee would be more than willing to receive that type of direction. Councilmember Guerin stated that he maintains that the CIB does not have the expertise to prioritize or rate this process. Ms. Becker confirmed that they will be working with NSP and the Water Department on setting their priorities. Becker urged the Council to move on this direction sooner rather than later, because they need to start the design. Councilmember Guerin moved to lay over for one week. Amended and laid over to October 12 Yeas - 6 Nays - 0 October 5, 1994, 1994 City Council Summary Minutes Page 8 38. Resolution - 94-1439 - Autr�orizing the Department of Fire and Safety Services to enter into an agreement with the City of Chanhassen for providing St. Paul Fire's training facilities. Councilmember Blakey stated that he was not opposed to entering into an agreement with the City of Chanhassen. However, he was concerned about the monies going into the general fund instead of the �re department fund. Rettman responded that a large amount of dollars come into the general fund and are then re-allocated. If the dollars were to go to the specific departments which generate special funds, there would be very little in the general fund. It is simply an accounting practice. Councilmember Blakey asked if this will be recorded as revenue for the Fire Department in 1995. Councilmember Rettman responded that a computer printout from the accounting facility will indicate that all or part of the revenue came from Chanhassen specifically for the St. Paul Fire Department. Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 ORDINANCES 46. Final Adoption - 94-859 - An ordinance amending the Legislative Code by adding new Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of firearms in on-sale liquor premises, ', and to require training of bartenders on firearms and the use of deadly force. (Referred to City Operations Committee on June 15 with readings to continue in Council) (Public Hearing held on August 24) (Substitute amended and laid over from September 14) (Substitute introduced and laid over from September 21) (Referred to Council from City Operations Committee with no recommendation) (Substitute introduced and laid over from September 28). Councilmember Blakey moved approval. Councilmember Rettman pointed out that since ordinances are printed in the Legal Ledger, this one needs to be corrected regarding alcohol awareness training. Adopted Yeas - 6 Nays - 0 47. Final Adoption - 94-1184 - An ordinance amending Chapter 28 of the Saint Paul Legislative Code entitled "Campaign Contributions" by adopting the contribution limitations established by State Statute. (Laid over from September 7) Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 48. Final Adoption - 94-1339 - An ordinance accepting the Charter Commission's recommendation for revision of City Charter Section 13.01.1, Disposal or Diversion of Park Property. Councilmember Rettman noted that since this is a Charter Amendment it needs a unanimous vote of the Council. Rettman moved to Lay over to October 12, 1994. Laid over to October 12 Yeas - 6 Nays - 0 October 5, 1994, 1994 City Council Summary Minutes Page 9 49. Second Reading - 94-1397 - An ordinance to amend Chapter 33 of the Saint Paul Legislative Code, repealing the bond requirements on street encroachments. Laid over to October 12 for third reading/public hearing 50. Second Reading - 94-1398 - An ordinance amending Chapter 33 of the Saint Paul Administrative Code establishing the mileage reimbursement rate. (Originated in City Operations Committee; Refened to Council with no recommendation) Laid over to October 12 for third reading/public hearing 51. First Reading - 94-1447 - An ordinance amending the license fee schedule in Chapter 310 of the Saint Paul Legislative Code, increasing license fees by 6% to cover an increase in enforcement costs. Councilmember Rettman stated that the evening hearing will be on Monday, November 14, 1994, at 7:00 p.m. On the third reading she will lay it over to November 16, 1994. Laid over to October 12 for second reading PUBLIC HEARINGS 52. Third Reading - 94-1364 - An ordinance amending Chapter 161.03 of the Saint Paul Legislative Code pertaining to Snow Emergency Routes and Parking Restrictions. (Referred to City Operations Committee on September 21; will be heard in Committee on October 12) Laid over to October 12 for final adoption 53. Resolution Ratifying Assessment - 94-1448 - In the matter of sidewalk reconstruction on the east side of Colette Place from Magoffin Avenue to Dorothea Avenue; east side of Colette Place from Morgan Avenue to Worcester Avenue; west side of Colette Place from Magoffin Avenue to Worcester Avenue; and the south side of Magoffin Avenue from St. Paul Avenue to Colette Place. (File #S9354) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 5 Nays - 0 54. Resolution Ratifying Assessment - 94-1449 - In the matter of sidewalk construction (new) and/or reconstruction on both sides of Field Avenue from South Prior Avenue to Munay Street and both sides of Munay Street from Field Avenue to Sheridan Avenue. (File #S9355) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 55. Resolution Ratifying Assessment - 94-1450 - In the matter of sidewalk reconstruction on both sides of Kenneth Street from Sheridan Avenue to Norfolk Avenue. (File #59356) No one appeared in opposition; Councilmember Harris moved approvaL Adopted Yeas - 5 Nays - 0 October 5, 1994, 1994 City Council Summary Minutes Page 10 56. Resolution Ratifying Assessment - 94-1451 - In the matter of sidewalk reconstruction on the south side of Lincoln Avenue from South Syndicate Street to South Hamline Avenue. (File #59357) No one appeaxed in opposition; Councilmember Hams moved approval. Adopted Yeas - 5 Nays - 0 57. Resolution Ratifying Assessment - 94-1452 - In the matter of sidewalk reconstruction on both sides of Sheridan Avenue from Davern Street to South Wheeler Street. (File #59358) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 58. Resolution Ratifying Assessment - 94-1453 - In the matter of sidewalk reconstruction on both sides of Susan Avenue from St. Paul Avenue to Colette Place. (File #59359) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 59. Resolution Ratifying Assessment - 94-1454 - In the matter of sidewalk reconstruction on the west side of Alameda Street from West Hoyt Avenue to West Iowa Avenue. (File #59374) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 60. Resolution Ratifying Assessment - 94-1455 - In the matter of sidewalk reconstruction on both sides of Como Place from Front Avenue to Hatch Avenue. (File #S9375) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 61. Resolution Ratifying Assessment - 94-1456 - In the matter of sidewalk reconstruction on both sides of North St. Albans Street from West Nebraska Avenue to West Hoyt Avenue. (File #59379) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 62. Resolution Ratifying Assessment - 94-1457 - In the matter of sidewalk reconstruction on both sides of Stinson Street from North Lexington Parkway to North Oxford Street. (File #S9381) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 63. Resolution Ratifying Assessment - 94-1458 - In the matter of the installation of lantem style lights on Lexington Parkway from Lincoln Avenue to 150 feet south of Grand Avenue and from 150 feet north of Grand Avenue to University Avenue. (File # 18674) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 October 5, 1994, 1994 City Council Summary Minutes Page 11 64. Resolution Ratifying Assessment - 94-1459 - In the matter of construction for the Albert/Eleanor Area Storm Sewer Separation Project. (File #18704) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 65. Resolution Ratifying Assessment - 94-1460 - In the matter of construction for the Albert/Eleanor Area Street Paving and Lighting Project. (File #18705) Councilmember Harris moved to introduce a substitute resolution. Tom Keefe, Public Works, appeared to introduce concerned parents who would like to incorporate a sidewalk onto the agenda for next year. Susan Voigt, 1431 Eleanor Avenue, Melissa Summers, 1447 Eleanor Avenue, and Mary Verrill, 1430 Eleanor Avenue, appeared and elcplained that there are 22 children currently living on one block of Eleanor Avenue who will be walking to Neighboring School. They noted that there are no sidewalks on routes to the schools. Though their neighbors living on Albert Street have expressed opposition to the sidewalks because they do not want to give up their side yards, and do not want to be responsible for shoveling the walks, the parents stressed the issue of safety for the children. They stated that the principals of the area schools support the parents' request for sidewalks. Councilmember Harris explained that building the sidewalks is a matter of timing. It may be something they can address in the spring through the regular process and he will assist. them. Councilmember Harris moved approval of the substitute. Adopted Yeas - 6 Nays - 0 66. Resolution Ratifying Assessment - 94-1461 - In the matter of operating costs for the publicly owned parking lot at 811 Case Avenue for utilities, insurance, snow removal, general maintenance and repairs from November 1, 1994, to December 31, 1995. (File # 18744) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 67. Resolution Ratifying Assessment - 94-1462 - In the matter of operating costs for the parking lot with an HRA leasehold at the Immaculate Heart of Mary Parish for utilities, insurance, rental payments, snow plowing, general maintenance and repair from November 1, 1994 to December 31, 1995. (File # 18746) No one appeared in opposition; Councilmember Hams moved approval. Adopted Yeas - 6 Nays - 0 68. Resolution - 94-1409 - Ordering the owner(s) to repair or remove the building at 692 Fourth Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 28) Councilmember Guerin noted that the owner is asking for thirty (30) days layover as there is a potential buyer. Councilmember Guerin moved to lay over for 28 days to November 2. Roll Call Yeas - 6 Nays - 0 69. Resolution - 94-1463 - Ratifying a variance to Chapter 293 of the St. Paul Legislative Code (Noise Ordinance) for a Public Works' project, Davem Outlet "B" Combined Sewer Separation Project at Davem Street north of St. Paul Avenue, from October 10, 1994 through May 1, 1995. October 5, 1994, 1994 City Council Summary Minutes Page 12 Councilmember Harris moved for a three week layover for item 69, 70, and 71 regarding noise variances. Harris suggested that Public Works inform the surrounding community, especially the apartment buildings, of the noise that will occur with construction during the hours of 6:00 a.m. to 11:00 a.m., via a series of public hearings. Public testimony was heard from Sylvia Parson, 2393 Stewart Avenue, and Ron Parson, 2392 Stewart Avenue who asked that the city consider denying the variance or at least allow for a quiet period between 10:00 p.m. and 6:00 a.m. Councilmember Harris requested clarification from Public Works as to the reason for the variance as well as an explanation of the source of the noise at 4:� a.m. Tom Kuhfeld, Public Works, explained that the E.P.A. permit requires that the second phase of sewer separation be finished in 1995 in order to begin the third phase. The contractor must work 24 hours a day to do this. The fact that they will be working underground and in the winter when people's windows are closed mitigates the noise level. Larry Luth, Public Works Construction, stated that the contractor has committed to mitigate the noise. He explained the equipment that will be used. Council President Thune suggested that Luth and the contractors examine various ways to mitigate the noises by researching the decibel levels and muffling the equipment and then to share their findings at the public hearing. Laid over to October 26 Yeas - 6 Nays - 0 70. Resolution - 94-1464 - Ratifying a variance to Chapter 293 of the St. Paul Legislative Code (Noise Ordinance) for a Public Works' project, Davern Outlet "B" Combined Sewer Separation Project at Stewart Street from Davem to Maynard Drive, from October 10, 1994 through May 1, 1995. Laid over to October 26 Yeas - 6 Nays - 0 71. Resolution - 94-1465 - Ratifying a variance to Chapter 293 of the St. Paul Legislative Code (Noise Ordinance) for a Public Works' project, Davern Outlet "B" Combined Sewer Separation Project at Stewart Street immediately west of Alton Street, from October 10, 1994 through May 1, 1995. Laid over to October 26 Yeas - 6 Nays - 0 Suspension Item Councilmember Guerin moved to introduce the following resolution: Roll Call Yeas - 6 Nays - 0 Resolution - 94-1466 - Memorandum of Agreement to resolve an outstanding employment situation for the Election Assistant due to contracting for election services with Ramsey County. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Blakey moved to adjourn the meeting. October 5, 1994, 1994 City Council Summary Minutes Page 13 O _, A • . Da 'd Thu e, Council President ATTEST: Minutes approved by Council �� Nancy Ande � �.. . a\, 1 Assistant Co 1 Secretary km CITY COIINCIL MEETING WEDNESDAY, , 1994 3:30 P.M. �C>'� SIGN I�T SHEET PLEASE PRINT NAMF ADDRE88 PHONE NQMBER , � � — c � � � — i�c� � mv��� t`'��� l e� >vr (��t�( _ � � r � j � l `� 3 D ����/ �P . �i � � -- d � ��% �C. 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