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Minutes 10-25-2000Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 25, 2000 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 - 651- 266 -8565 Office of the City Council Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Public Hearings • Suspension Items • Citizen Committee Openings Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 21) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL 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 CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of September 27, 2000 and October 18, 2000 (Closed Door Session). Adopted Yeas - 7 Nays - 0 2. Claims of William P. Bauer & Rebecca Lewis, Daniel Fram (attorney for Daniel Caruso), Tiffany Huebsch (for Ty Huebsch), William Maddix (attorney for Ella Apple, mother of minor, Anthwan Apple) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 2 of 10 Richard Sorensen and Anne Weber. Referred to the Employee /Risk Management Division 3. Amended Summons and Complaint in the matter of Oprah D. Keaton, Trustee for the heirs and next - of -kin of Artis R. Graham vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Order Allowing Alternative Writ of Mandamus regarding REF LLC and F &R Development vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Real Estate Division announcing a public hearing before the City Council on November 15, 2000, to consider the vacation of part of the alley near 866 Mound Street to allow for the encroachment of an existing garage. (File 417 -2000) 6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on November 1, 2000, at 9:30 a.m., Room 41 City Hall /Court House, 15 W. Kellogg Blvd., to consider all licenses held by Beaver Lounge, Inc., dba Beaver Lounge, 756 Jackson Street. 7. Administrative Order: D001929 Authorizing the reimbursement for airfare, hotel and taxi service in the amount of $790.67 for the Peanuts on Parade Auction. Noted as on file in the City Clerk's Office 8. Resolution - 00 -977 - Amending the budget for the Mayor's Special Projects Fund to account for additional purchases of "Snoopy Sculptures" and sales of "Snoopy" merchandise. Adopted Yeas - 7 Nays - 0 9. Resolution - 00 -978 - Recommending denial of the application for a Taxicab Driver's License by Jeffrey C. Miessner, 588 North Milton Street, Saint Paul. (Uncontested) Adopted Yeas - 7 Nays - 0 10. Resolution - 00 -979 - Concerning adverse action against the 3.2 Malt Off -Sale License held by Speedway Superamerica, LLC, dba Superamerica, 296 7th Street East, Saint Paul. (Uncontested) Adopted Yeas - 7 Nays - 0 11. Resolution - 00 -980 - Authorizing City officials to submit an application to the Ramsey County Soccer Partners Program for $50,000.00 in grant funding for the construction of a new, dedicated soccer field at Belvidere Recreation Center. Adopted Yeas - 7 Nays - 0 12. Resolution - 00 -981 - Rescinding Council File Numbers 00 -183 and 00 -184 regarding improvements to the alley in Block 9, Lindley Park and Block 6, H.F. Schwabe's Addition (alley is in the block bounded by Frank Street, Wakefield Avenue, Wilson Avenue and Griffith Street). Adopted Yeas - 7 Nays - 0 13. Resolution - 00 -982 - Approving the purchase of property at Lot 3, Block 13, Oak Ville Park, to improve and widen Maryland Avenue East at Arcade Street in connection with the Maryland Avenue Channelization Project. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 3 of 10 14. Resolution - 00 -983 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 659 Dayton Avenue, 751 Mount Curve Boulevard, 601 Park Street, 426 Michigan Street, 666 Laurel Avenue, and 970 Burr Street 42. Adopted Yeas - 7 Nays - 0 15. Resolution - 00 -984 - Accepting a Value Based Initiative Grant from the U.S. Department of Justice to the Police Department for expanding their community oriented policing efforts by building and strengthening partnerships between the police and other elements of the criminal justice system. Adopted Yeas - 7 Nays - 0 16. Resolution - 00 -985 - Accepting a donation from 3M, Wells Fargo, M/H Gas Station, White Bear Business Association and District IV Community Council to be used for a Kustom Signals Pro Laser III Speed Monitoring Device at the Police Department - Eastern District. Adopted Yeas - 7 Nays - 0 17. Resolution - 00 -986 - Authorizing a budget amendment for acceptance of funds from the Metropolitan Council for the first phase in the construction of Sibley Park Apartments and Essex on the Park Townhomes in the North Quadrant. Adopted Yeas - 7 Nays - 0 18. Resolution - 00 -987 - Correcting the Public Hearing date from November 8 to November 15, 2000, for considering the 2001 sanitary sewer and storm sewer rates. Adopted Yeas - 7 Nays - 0 19. Resolution - 00 -988 - Authorizing the City to apply for the Metropolitan Council's Tax Base Revitalization Account pollution clean -up program for the James J. Hill housing project at 281 E. Kellogg Blvd. and Specialty Parking Project at 750 Pelham Blvd. Substitute introduced and adopted Yeas - 7 Nays - 0 20. Resolution - 00 -989 - Approving the summary of the Brewery /Ran -View Small Area Plan as an area plan addendum to the Saint Paul Comprehensive Plan. Adopted Yeas - 7 Nays - 0 21. Resolution - 00 -990 - Memorializing the decision of the City Council on September 6, 2000, denying the appeal (with conditions) of Jean Iwen to a decision of the Planning Commission approving a site plan for a soccer field on the campus of the College of Saint Catherine, 2004 Randolph Avenue. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 22. Eighteen -month update by Vince Gillespie, Division of Parks and Recreation, on a Completed Work Plan addressing the recommendations in the Performance Audit. (Twelve -month update was provided on April 19, 2000) Vince Gillespie, Division of Parks and Recreation, presented an update. (City Council requested the Neighborhoods in Transition (NIT) Recreation Center Evaluation and the Safety and Security Evaluation for Recreation Centers be brought back to the Council.) 23. Resolution - 00 -991 - Approving the decision of the Legislative Hearing Officer on Property Code file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 4 of 10 Enforcement Appeals for property at 97 Oxford Street North. (Laid over from October 18) Adopted as amended Yeas - 7 Nays - 0 (The Housing Information Office was requested to assist residents in finding a new facility.) 24. Resolution - 00 -992 - Accepting bid on sale of $8,400,000 general obligation Riverfront Tax Increment Refunding Bonds, Series 2000D. Adopted as amended Yeas - 7 Nays - 0 ORDINANCES 25. Final Adoption - 00 -860 - An ordinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch. 471.345). (Laid over from October 11) Laid over to November 1 for final adoption Yeas - 7 Nays - 0 26. Final Adoption - 00 -861 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch 471.35). (Laid over from October 11) Laid over to November 1 for final adoption Yeas - 7 Nays - 0 27. Second Reading - 00 -971 - An ordinance amending Saint Paul Legislative Code Chapter 409.06 prohibiting off -sale liquor licenses within 300 feet of residentially zoned property, parks or child care centers and setting forth conditions under which the distance restriction can be waived. Laid over to November 1 for third reading /public hearing 28. Second Reading - 00 -972 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof facilitating the development of a mixed -use urban village on the West Side Flats. Substitute introduced and laid over to November 1 for third reading /public hearing Yeas - 7 Nays -0 29. Second Reading - 00 -973 - An ordinance amending sections of Chapter 66 of the Saint Paul Zoning Code pertaining to signs as recommended by the Saint Paul Planning Commission pursuant to Council File No. 97 -1658 and Minn. Stat. §462.355, Subd. 4. Substitute introduced and laid over to November 1 for third reading /public hearing Yeas - 7 Nays -0 30. First Reading - 00 -993 - Approving zoning ordinance amendments related to the Brewery/Ran -View Small Area Plan and 40 Acre Study. Laid over to November 1 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 31. Third Reading - 00 -550 - An ordinance to regulate newsracks that are located within public rights - of -way. (Substitute introduced June 7; laid over from September 27 for continuation of third reading /public hearing) Laid over to November 8 for final adoption Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 5 of 10 32. Third Reading - 00 -862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from January 1, 2001, to December 31, 2001, to increase housing in Saint Paul. (Laid over from September 27) Laid over to November 1 for final adoption 33. Third Reading - 00 -889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab vehicle inspections instead of biannual inspections and allowing for appearance inspections of taxicab vehicles up to six (6) times per year. Laid over to November 1 for final adoption 34. Third Reading - 00 -890 - An ordinance amending Saint Paul Legislative Code Section 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to November 1 for final adoption 35. Third Reading - 00 -956 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the Dayton's Bluff neighborhood to be known as the Dayton's Bluff Special District Sign Plan. Laid over to November 1 for final adoption 36. Resolution - 00 -904 - Approving the vacation of parts of John Street and an alley for construction of the new Law Enforcement Center. (Vacation File 41 -2000) (Laid over from September 27) Laid over to December 6 Yeas - 7 Nays - 0 37. Resolution - 00 -907 - Approving the petition of Donald and Doriene Callais to vacate part of the east -west alley in Block 14, Hayden Heights Addition to alter the shape of their property. (Vacation File 48 -2000) (Laid over from September 27) Substitute introduced and adopted Yeas - 6 Nays - 0 (Lantry excused) 38. Resolution - 00 -994 - Authorizing establishment of an off -leash dog area at Arlington- Arkwright Park in accordance with specified conditions and pursuant to a City Council public hearing and vote of approval. Adopted Yeas - 6 Nays - 0 (Lantry excused) 39. Resolution - 00 -995 - Revoking the Provisional Taxicab Driver's License held by Thomas Anderson, 1344 Summit Avenue, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 (Lantry excused) 40. Resolution - 00 -996 - Revoking the Provisional Taxicab Driver's License held by Rick Crambilt, 8 Ridgewood Avenue, Inver Grove Heights, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 41. Resolution - 00 -997 - Revoking the Provisional Taxicab Driver's License held by Hassan Mohamoud, 467 Maryland Avenue, 4211, Saint Paul, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 42. Resolution - 00 -998 - Revoking the Provisional Taxicab Driver's License held by Kirk Robledo, 1239 Herbert Street, 4124, Saint Paul, for failure to enroll and complete a taxicab driver training course. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 6 of 10 Laid over to December 6 Yeas - 6 Nays - 0 43. Resolution - 00 -999 - Revoking the Provisional Taxicab Driver's License held by Darin Schauer, 906 3rd Street East, Saint Paul, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 (Lantry excused) 44. Resolution - 00 -1000 - Revoking the Provisional Taxicab Driver's License held by Hassan Sheikh - Hassan, 1577 Timberlake Road, #B, Saint Paul, for failure to enroll and complete a taxicab driver training course. Laid over to December 6 Yeas - 6 Nays - 0 (Lantry excused) 45. Resolution - 00 -1001 - Revoking the Provisional Taxicab Driver's License held by Raymond Valley, 316 Robert Street North, Saint Paul, for failure to enroll and complete a taxicab driver training course. Laid over to December 6 Yeas - 6 Nays - 0 (Lantry excused) 46. Resolution 00 -1002 - Revoking the Provisional Taxicab Driver's License held by Donald Waltz, 465 Betty Lane, West Saint Paul, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 (Lantry excused) 47. Resolution - 00 -1003 - Revoking the Provisional Taxicab Driver's License held by Juan Zayzay, 4507 Kathrene Drive, Brooklyn Center, for failure to enroll and complete a taxicab driver training course. Adopted Yeas - 6 Nays - 0 (Lantry excused) 48. Resolution - 00 -1004 - Granting the petition by The Uppertown Preservation League to vacate part of City right -of -way in order to repair the historical building at 365 Michigan Street. Adopted Yeas - 6 Nays - 0 (Lantry excused) 49. Resolution - 00 -1005 - Ordering the owner to remove or repair the building at 654 Armstrong Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation provided the following is completed by noon on October 25, 2000: 1) vacant building fee is paid, 2) a code compliance inspection is completed, and 3) the building will be occupied for the sole purpose of rehabilitation during the daylight hours between 7:00 a.m. & 7:00 p.m. only and under the guidance of a permit.) Adopted as amended (Per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 (Coleman & Lantry not present) 50. Resolution - 00 -1006 - Ordering the owner to remove or repair the building at 684 Cook Avenue East within +i4een (45) five 5 days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 5 Nays - 0 (Coleman & Lantry not present) 51. Resolution - 00 -1007 - Ordering the owner to remove or repair the building at 429 Lafond Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 (Coleman & Lantry not present) 52. Resolution - 00 -772 - Ordering the owner to remove or repair the building at 499 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Laid over from August 23) (Legislative Hearing Officer recommends ordering the owner to remove or repair the building within five (5) days from adoption of resolution) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 7 of 10 Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 (Coleman & Lantry not present) 53. Resolution Ratifying Assessment - 00 -1008 - In the matter of towing abandoned vehicle from private property at 966 Charles Avenue. (J0003VV) (Laid over from September 27) Legislative Hearing Officer recommends reducing the assessment from $387.90 to $242.90 plus the $45.00 administrative fee for a total assessment of $287.90) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 (Coleman & Lantry not present) 54. Resolution - 00 -1009 - Approving the amendment of the tax increment financing plan for Tax Increment Financing District No. 1 (North Quadrant). Adopted Yeas - 7 Nays - 0 55. Resolution - 00 -1010 - Authorizing the City to enter into a Memorandum of Agreement permitting MnDOT temporary construction and flowage easements for the I -35E Bridge Project (Lexington and I- 35E at the Crosby Farm Regional Park). Adopted Yeas - 5 Nays - 0 (Lantry & Reiter not present) 56. Resolution - 00 -1011 - Approving the petition of the Housing and Redevelopment Authority on behalf of the Lander Group to vacate the City's interest in a part of 7th Street between Wacouta and Sibley Streets and a part of Sibley Street south of 8th Street for the purpose of replatting and developing the adjacent property. (File 418 -2000) Adopted Yeas - 6 Nays - 0 (Lantry excused) 57. Final Order - 00 -1012 - In the matter of the Page /Manomin Area Street Paving and Lighting Project. (File 418931) Adopted Yeas - 5 Nays - 0 (Lantry & Reiter not present) 58. Final Order - 00 -1013 - In the matter of sidewalk repairs and /or the repair of sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction with the Page /Manomin Area Street Paving and Lighting Project. (File 418931 misc) Adopted Yeas - 5 Nays - 0 (Lantry & Reiter not present) 59. Public hearing to consider the appeal of Hilsgen, et al., to a decision of the Planning Commission granting a Non - conforming Use Permit to change from a machine shop to a laundromat at 962 Forest Street. Motion of Intent - Appeal granted upon the basis that the Planning Commission erred in one or more of its findings: 1) the traffic generated by the proposed use is not similar to that generated by the existing nonconforming use; and 2) the use will be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. Yeas - 7 Nays - 0 Suspension Items Resolution - 00 -1014 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed District 1 Community Council Special Sign District. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 8 of 10 First Reading - 00 -1015 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the Sunray - Battlecreek- Highwood, District One Community Council neighborhood. Laid over to November 1 for second reading Yeas - 7 Nays - 0 Resolution - 00 -1016 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed District 4 Community Council Special Sign District. Adopted Yeas - 7 Nays - 0 Resolution - 00 -1017 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed Shepard Davern /West Seventh Special Sign District. Adopted Yeas - 7 Nays - 0 First Reading - 00 -1018 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the Shepard Davern neighborhood. Laid over to November 1 for second reading Yeas - 7 Nays - 0 Resolution - 00 -1019 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed Macalester- Groveland Special Sign District. Adopted Yeas - 7 Nays - 0 First Reading - 00 -1020 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the Macalester- Groveland neighborhood. Laid over to November 1 for second reading Yeas - 7 Nays - 0 Resolution - 00 -1021 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed Downtown Community Special Sign District. Adopted Yeas - 7 Nays - 0 First Reading - 00 -1022 - An ordinance amending Saint Paul Legislative Code Section 66.214 eliminating the language that permits advertising signs within 660 feet of the right of way of the Lafayette Freeway and Interstate Highway 94 between the Lafayette Freeway and Robert Street. Laid over to November 1 for second reading Yeas - 7 Nays - 0 Resolution - 00 -1023 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed North End /South Como Special Sign District. Adopted Yeas - 7 Nays - 0 First Reading - 00 -1024- An ordinance amending chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the North End /South Como neighborhood. Laid over to November 1 for second reading Yeas - 7 Nays - 0 Resolution - 00 -1025 - Granting staff authority to enter into an agreement with AT &T Broadband to extend completion of the Fiber Institutional Network. Adopted Yeas - 7 Nays - 0 Resolution - 00 -1026 - Requesting the Planning Commission to study, report and submit a recommendation concerning a proposed amendment to the Saint Paul Legislative Code entitled "Phalen file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 9 of 10 Boulevard /Phalen Village Special District Sign Plan." Adopted Yeas - 7 Nays - 0 Resolution - 00 -1027 - Requesting the Planning Commission to study, report and submit a recommendation concerning a proposed amendment to the Saint Paul Legislative Code entitled "Payne Avenue Special District Sign Plan." Adopted Yeas - 7 Nays - 0 Resolution - 00 -1028 - Requesting the Planning Commission to study, report and submit a recommendation concerning a proposed amendment to the Saint Paul Legislative Code entitled "White Bear Avenue Special District Sign Plan." Adopted Yeas - 7 Nays - 0 Council requested the Office of License, Inspections and Environmental Protection (LIEP) report to the Council on November 1, 2000, regarding their response to recent articles in the Pioneer Press concerning the City's restaurant inspection process. To all Interested Citizens of the City of Saint Paul Want to become more involved within the Saint Paul community? The City of Saint Paul is currently seeking applicants for the following committees: • Advisory Committee on Aging • Cultural Capital Investment Program, residency required • 1 opening for a member at large • 1 opening for someone who represents a philanthropic organization • Heritage Preservation Committee, residency required • Planning Commission • Zoning Board, residency required The committees serve a wide range of needs and interests. The deadline for applications is Friday, December 1, 2000. For more information and /or an application, please see the City's web site at www.ci.stpaul.mn.us /mayor /committeeinfo /or contact Tom Marver at 651- 266 -6610 for more information on how you can become involved. In addition, we are still accepting applications for the following committees. The application deadline for these particular committees is Wednesday, November 1, 2000: • Capital Budget Committee o Must reside in Senate Districts 64, 65, 66 or 67 • Human Rights Commission, residency required • Zoning Board, residency required • Youth Fund Board, residency required • Hubert H. Humphrey Job Corps Center, Neighborhood Advisory Crate. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010 Page 10 of 10 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163657\Minutes 10... 12/15/2010