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Minutes 1-3-2001Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 3, 2001 - 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 • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items • Reconsidered Item Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (Excused) CONSENT AGENDA (Items I - 20) 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. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Frank Jennings, Elsie Mayard, Gerald Romero, Steven R. Rutzick & Associates (for Cornelius Benner), Marjorie and Sharon Soderberg, Jennifer Sommerfeld, Teri Young, Warren Young and Marilyn Vrudny. Referred to the Employee /Risk Management Division 2. Summons and Complaint in the matter of Frank Jennings vs. the City of Saint Paul. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 2 of 7 Referred to the City Attorney's Office 3. Order in the matter of Oak Grove Properties, Inc., vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Notice of date and time for oral argument in the matter of Oak Grove Properties, Inc., vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Petition in condemnation and motion for transfer of title and possession in the matter of the City of Saint Paul vs. Robert and Joanne Elgaaen, et al, regarding Lot 12, Block 3, Fred S. Herring's Plat 2 (1662 Hoyt Avenue East). Referred to the City Attorney's Office 6. Communication from McCollough and Associates, P.C. dated December 4, 2000, to the Minnesota Public Utilities Commission in the matter of the application of Velocity Telephone, Inc. for a certificate of authority to provide local exchange service. Referred to the City Attorney's Office 7. Communication from Kelley Drye & Warren, LLP, dated December 18, 2000, regarding the application of KMC Telecom V, Inc. for authority to provide competitive resold and facilities -based local exchange telecommunications service and resold interexchange service in the State of Minnesota. Referred to the City Attorney's Office 8. Letter from the Citizen Service Office /Property Code Enforcement Division declaring 923 Galtier Street as nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Letter from the Real Estate Division announcing a public hearing before the City Council on January 24, 2001, to consider the petition of David Ojeda and David Sutterfield to vacate a portion of Hadley Street in Burlington Heights Number 2 in order to do landscaping. 10. Administrative Orders: D001960 Amending the budget of the City Sales Tax Capital Projects Fund by allocating $15,000.00 from the Neighborhood Investment Initiative to the Circus of the Star. D001961 Authorizing the payment of travel related expenses for up to three non -City employees for their participation as presenters in the Internet Crimes Against Children Task Force (ICAO) regional training in the Duluth, Minnesota area. D001962 Amending the budget in the Department of Planning and Economic Development Community Development Block Grant fund by transferring funding from the Safe City code to the Crime Prevention code, where program expenses are currently being charged. D001963 Amending the 2000 budget by transferring the spending authority within the Department of Public Works - Street Repair and Cleaning fund to reflect accurate workload and personnel costs. Noted as on file in the City Clerk's Office FOR ACTION 11. Resolution - 01 -1 - Memorializing the decision of the City Council on October 4, 2000, denying the appeal of the Summit Avenue Residential Preservation Association (SARPA) to a decision of the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 3 of 7 Heritage Preservation Commission granting approval of a demolition permit at 828 Summit Avenue. Adopted Yeas - 6 Nays - 0 12. Resolution - 01 -2 - Authorizing the Police Department - Police Academy Class of 2000 -3 to enter into an Agreement with Camp Ripley to use their facilities for various training skills on December 11- 15, 2000. Adopted Yeas - 6 Nays - 0 13. Resolution - 01 -3 - Approving application for an Auto Body Repair Garage license by Mallard Teal, dba Mallards Recycling, 860 Payne Avenue. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 6 Nays - 0 14. Resolution - 01 -4 - Amending the Special Fund Year 2000 budget - Real Estate Design Group, in order to have sufficient revenue to pay vacation pay off, compensatory time and severance pay to an eligible retiring employee. Adopted Yeas - 6 Nays - 0 15. Resolution - 01 -5 - Approving the League of Minnesota Cities' 2001 City Policies and requesting that these issues be addressed by the Legislature during the 2001 Session. Adopted Yeas - 6 Nays - 0 16. Resolution - 01 -6 - Approving the Association of Metropolitan Municipalities' 2001 Policies and Legislative Proposals and requesting that these issues be addressed by the Legislature during the 2001 Session. Adopted Yeas - 6 Nays - 0 17. Resolution - 01 -7 - Approving the 2001 City of Saint Paul legislative initiatives. Adopted as amended Yeas - 6 Nays - 0 18. Resolution - 01 -8 - Approving the proposed items of support brought forward by outside groups and organizations for the City of Saint Paul's 2001 Legislative Agenda. Adopted as amended Yeas - 6 Nays - 0 19. Resolution - 01 -9 - Accepting framed photographs given to the City Council and Mayor of the October 11, 2000, Minnesota Wild Inaugural Game from the Minnesota Hockey Ventures Group. Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 01 -10 - In the matter of the condemnation and taking certain properties in the Trout Brook Area for public purposes and setting date of public hearing for January 24, 2001. (File No. 18913) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 21. Report on the status of the East Building of the Science Museum Building, District 17. (Requested by the Council on December 6) Laid over to February 7 Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 4 of 7 22. Update by Bill Gunther, Environmental Health Director (LISP) and Dan Smith, Department of Planning and Economic Development, on issues related to noise and odor at the Minnesota Brewing Company /Gopher State Ethanol Plant. (Monthly updates were requested by the Council on August 9) An update was presented by Dan Smith, Department of Planning and Economic Development. A written report will be provided to Councilmembers on January 10th and a monthly update will be presented to the City Council on February 7, 2001. 23. Consideration of the report of the Administrative Law Judge concerning all licenses held by Beaver Lounge, Inc., 756 Jackson Street. (Public hearing held on December 20 and laid over from December 27) Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge of November 27, 2000 and imposed the following sanctions: 1. $1,000 fine; 2. pay Administrative Law Judge costs of $508.80; and 3. forty five days suspension of license with sixty days stayed with the condition that the parties complete the sale of the bar and the new applicants receive their own license. Yeas - 6 Nays - 0 24. Resolution - 00 -918 - Granting a waiver in order for the Office of Human Resources and the Division of Contract and Analysis Services to establish master contracts for certain temporary staff positions. (Laid over from December 20) Laid over to January 17 Yeas - 5 Nays - 0 (Reiter not present for vote) 25. Resolution - 00 -1062 - Changing Civil Service Rule 4 "Announcements of Positions Available." (Laid over from December 6) (Resolution to be withdrawn) Withdrawn Yeas - 5 Nays - 0 (Reiter not present for vote) ORDINANCES 26. Final Adoption - 00 -1042 - 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 East Side neighborhoods to be known as the Greater Eastside Area Special District Sign Plan. (Amended on November 22; laid over from December 6) Adopted Yeas - 5 Nays - 0 (Reiter not present for vote) 27. First Reading - 0 1 -11 - An ordinance amending Chapter 33.04(G)(8) of the Saint Paul Legislative Code by changing the inspection permit fee rates for fire sprinkler systems by eliminating the $48.00 fee for the first ten sprinkler heads and increasing the rate from $10.00 to $15.50 for each ten sprinkler heads or fraction thereof. Laid over to January 10 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 28. Third Reading - 00 -1172 - An ordinance to provide for the assessment and collection of fees for excessive police and nuisance enforcement services. Substitute introduced and laid over to January 10 for final adoption Yeas - 6 Nays - 0 29. Third Reading - 00 -1189 - An ordinance providing for the collection of refuse and the assessment and collection of service charges for such services. Laid over to January 10 for final adoption (To be withdrawn on January 10) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 5 of 7 30. Resolution - 00 -1203 - Approving a single family housing program to be financed by the issuance of single family mortgage revenue bonds and mortgage credit certificates. (Laid over from December 27 for public hearing) Adopted Yeas - 6 Nays - 0 31. Resolution - 01 -12 - Ordering the owner to remove or repair the building at 783 Fuller Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 32. Resolution - 01 -13 - Ordering the owner to remove or repair the building at 508 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the January 16, 2001, Legislative Hearing and to the February 7, 2001, City Council Meeting, with the condition that an interior inspection of the building, conducted by City personnel, is completed by January 16, 2001. Laid over to February 7 (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 33. Summary abatement appeal for 574 Summit Avenue. (Legislative Hearing Officer recommends approval with the condition that a demolition permit is obtained and the structure is removed within 180 days.) Appeal granted with condition (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 34. Resolution - 01 -14 - Approving the petition of Real Estate Equities Development Company to vacate Idaho Avenue lying east of Westminster Street and west of Edgemont Street. (Vacation File No. 14- 2000) Adopted Yeas - 6 Nays - 0 35. Resolution Approving Assessment - 01 -15 - In the matter of the assessment for installation of a fire protection system at 386 North Wabasha Street (Ecolab University Center). (File 4FP9902) Adopted Yeas - 6 Nays - 0 36. Resolution - 01 -16 - Establishing No Parking from 8:00 a.m. to 8:00 p.m., Monday through Friday, except by permit, Area 15, zone on the west side of Exeter Place from Riverwood Place to 150 feet south. Adopted Yeas - 6 Nays - 0 37. Resolution - 01 -17 - Establishing No Parking from noon to 4:00 p.m., Monday through Friday, except by permit, Area 26, zone east of Healtheast Midway Hospital on portions of the following blocks: Roy Street, Fry Street, Pierce Street and Shields Avenue. Adopted Yeas - 6 Nays - 0 38. Amended Final Order - 01 -18 - Amending Final Order No. 00 -324 by including a corrected map and legal description for the project acquiring property and easements in connection with the widening of Maryland Avenue East between Weide and Mendota (Maryland /Arcade Intersection). (File No. 1892E) Adopted Yeas - 6 Nays - 0 39. Public hearing to consider the application of Al and Linda Huey for subdivision by lot split (22 foot wide parcel running from the south side of 718 Maryland Avenue West to Grotto Street) of property of Independent School District 625 to be tied to 718 Maryland Avenue West. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 6 of 7 Laid over to January 10 Yeas - 6 Nays - 0 SusDension Items Tom Eggum, Director of Public Works, presented an oral report on the City's snow removal process. First Reading - 01 -19 - An ordinance providing for the collection of refuse and the assessment and collection of service charges for such services. Laid over to January 10 for second reading Yeas - 6 Nays - 0 Reconsidered Item - AdoDted on December 27, 2000 Resolution - 00 -1205 - Accepting conveyance of Lot 2, Block 2 in Phalen Village (District 2) less the westerly 19 feet from the Housing and Redevelopment Authority (HRA) for open space purposes. Reconsidered (adopted on December 27), amended, and laid over to January 10 Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010 Page 7 of 7 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165159\Minutes 1 -... 12/15/2010