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Minutes 2-23-2000Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 23, 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 Present - 5 - Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2 - Blakey, Harris (Arrived after roll call) CONSENT AGENDA (Items I - 22) 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 December 15 & December 22, 1999. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 2 of 9 2. Claims of Shelly Auldrich, Melissa Bishop, Richard Block, Marggy Hei, Rabiea Said, Jacobus Gabriel Van Zyi, and Paul Yang. Referred to the Employee /Risk Management Office 3. Petition in Condemnation and Motion for Transfer of Title and Possession in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Paul, et al. (392 Colborne Street). Referred to the City Attorney's Office 4. Letters from the Citizen Service Office /Property Code Enforcement declaring 294 Charles Avenue and 783 Como Avenue as nuisance properties and setting date of Legislative Hearings for March 7, 2000, and City Council Hearings for March 22, 2000. 5. Letters from the Citizen Service Office /Property Code Enforcement declaring 987 Minnehaha Avenue East and 1356 Reaney Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letters from the Office of the City Attorney announcing public hearings before the City Council on March 1, 2000, to consider revocation of provisional operator status as a taxicab driver for the following: Carlos James Casanova, John Faughn, Tina Marie Gates, Adbishakur Haji, Perry Hammett, Keith Hooks, and Kurt Nelson. 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 1, 2000, to consider adverse action against the auto repair garage license held by William Anderson, dba S & G Auto Repair, 390 Western Avenue North. (Uncontested) 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 1, 2000, to consider adverse action against the off -sale liquor license held by FTL Corporation, dba MGM Liquor Warehouse, 275 White Bear Avenue North. (Uncontested) 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 1, 2000, to consider adverse action against the off -sale liquor license held by Phuoc Huu Lieu, dba Wabasha Auto Repair, 411 Wabasha Street South. (Uncontested) 10. Administrative Orders: D001830 Authorizing payment, not to exceed $100.00, to the Danish Pastry Shop for expenses associated with the "Hazardous /Dangerous Tree Workshop" held by the Division of Parks and Recreation on February 2, 2000. D001831 Amending the 1999 budget of the General Fund for the PC Replacement Program. D001832 Amending the 2000 budget of the General Fund for the PC Replacement Program. D001833 Implementing the technical changes authorized by the City Council when the 2000 budget was adopted. D001834 Authorizing the proper City officials to enter into agreements with Landmark Center and other vendors, not to exceed $8,000.00, to provide services for the Division of Parks and Recreation's Honored Volunteer Appreciation Dinner on April 25, 2000. D001835 Moving unspent STAR projects budgets to the STAR Year -Round Budget in the Department of Planning and Economic Development. D001836 Authorizing Lynne Schoen to sign, on behalf of the Mayor, any contract under $25,000.00. Noted as on file in the City Clerk's Office file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 3 of 9 11. Resolution - 00 -153 - Approving the appointment of Penny Harris Reynen, by Mayor Coleman, to the District Energy Board of Directors. Adopted Yeas - 7 Nays - 0 12. Resolution - 00 -154 - Approving the appointment of Trude Harmon, by Mayor Coleman, to Our Fair Carousel, Inc. Board of Directors. Adopted Yeas - 7 Nays - 0 13. Resolution - 00 -155 - Approving the appointments of Brian D. Alton and Christine Zimmer Lonetti, by Mayor Coleman, to the Saint Paul Planning Commission. Adopted Yeas - 7 Nays - 0 14. Resolution - 00 -156 - Approving the appointment of Lynne Schoen, by Mayor Coleman, as Assistant to the Mayor, effective February 14, 2000. Adopted Yeas - 7 Nays - 0 15. Resolution - 00 -134 - Approving the January 1, 2000, through December 31, 2001, Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Police Federation. (Laid over from February 16 for adoption) Adopted Yeas - 7 Nays - 0 16. Resolution - 00 -157 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 104 Mississippi River Boulevard North; 1640 Randolph Avenue; 1921 & 1923 Feronia Avenue; 1602 English Street; 906 Beech Street, Lower Unit; 86 Congress Street West; 156 Granite Street; and 409 Bates Avenue 42. Adopted Yeas - 7 Nays - 0 17. Resolution - 00 -158 - Requesting a variance to allow three 10.5 feet traffic lanes on Sibley Street from Warner Road to Fifth Street. Adopted Yeas - 7 Nays - 0 18. Resolution - 00 -159 - Accepting a State Incentive Grant, authorizing Police Chief William Finney to enter into an agreement with the Minnesota Department of Children, Families and Learning, and establishing a 2000 spending and financing plan for the grant. Adopted Yeas - 7 Nays - 0 19. Resolution - 00 -160 - Authorizing the Police Department to accept a donation from US West Communications for a pilot project to place cellular phones in 35 police squad cars. Adopted Yeas - 7 Nays - 0 20. Resolution - 00 -161 - Accepting a Dedication of Easement for right -of -way purposes from Helen Currier for development of property near St. Clair Avenue and Lexington Parkway by Mendota Homes, Inc. Adopted Yeas - 7 Nays - 0 21. Resolution - 00 -162 - Releasing a portion of the easement in Empire Building Industrial Park No. 2. Adopted Yeas - 7 Nays - 0 22. Resolution - 00 -163 - Releasing easements in a portion of vacated Blair Avenue lying between Rice Street and Empire Drive. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 4 of 9 Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 23. Resolution - 99 -1132 - Denying the Auto Body Repair Garage and Auto Repair Garage License Applications by Ray's Auto Body, Inc., 353 Larch Street. (Laid over from January 26) Withdrawn Yeas - 7 Nays - 0 24. Resolution - 99 -1218 - Changing some of the roadways designated as Municipal State Aid (MSA) and County State Aid Highways (CSAH). (Laid over indefinitely on January 12) Laid over to March 1 Yeas - 7 Nays - 0 25. Resolution - 00 -115 - Endorsing and adopting voluntary environmental standards entitled the "Sustainable Decisions Guide" for construction and maintenance of buildings owned or managed by the City of Saint Paul. (Laid over from February 9) Adopted Yeas - 7 Nays - 0 26. Resolution - 00 -142 - Approving a $210,000.00 STAR loan and a $40,000.00 STAR grant for Model Cities of St. Paul, Inc. for the Brownstone Project, 839 University Avenue. (Laid over from February 16) Adopted Yeas - 7 Nays - 0 27. Resolution - 00 -102 - Authorizing the Mayor to execute a Joint Powers Agreement with Ramsey County to consolidate the City and County Workforce Programs. (Amended and laid over from February 16) Adopted Yeas - 6 Nays - 1 (Blakey) 27a. Resolution - 00 -148 - Supporting the merger of the Workforce Development Departments of the City of Saint Paul and Ramsey County, with the County's Workforce Department being folded into the City's. (Laid over from February 16) Withdrawn Yeas - 7 Nays - 0 27b. Resolution - 00 -149 - Giving the Workforce Investment Board oversight responsibility for the consolidated Workforce Department. (Laid over from February 16) Withdrawn Yeas - 7 Nays - 0 28. Consideration of the appeals of the Hamline Midway Coalition and JLT Group to a decision of the Planning Commission to approve a site plan with conditions for two office /warehouse buildings at 1900 Minnehaha Avenue West. (Public hearing held January 12; laid over from February 16) Motion of Intent - Appeals of the Hamline Midway Coalition and JLT Group denied and approved the site plan with changes to the findings, conclusions and recommendations of the Planning Commission, particularly changes in one or more of the eight (8) express conditions as reflected in the document. Yeas - 7 Nays - 0 ORDINANCES 29. Final Adoption - 00 -73 - An ordinance changing the insurance coverage requirement amounts in file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 5 of 9 stationary event permits to comply with the new monetary limits in the Minnesota municipal tort liability statute. (Laid over from February 9) Adopted Yeas - 7 Nays - 0 30. Second Reading - 00 -147 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code to rezone property at 1956 Feronia Avenue from RM -2 (multifamily) to OS -1 (office service) to allow mixed use residential and office services. (Public hearing held January 26) Laid over to March 1 for third reading 31. Second Reading - 00 -152 - An ordinance preserving the status quo with respect to the use of property within the City of Saint Paul pending the completion of studies of possible amendments to Saint Paul Legislative Code §60.207.G and 60.614(12) relating to gun shops. Laid over to March 1 for third reading /public hearing 32. First Reading - 00 -164 - An ordinance amending Chapter 157 of the Saint Paul Legislative Code; redefining a commercial vehicle. Laid over to March 1 for second reading 33. First Reading - 00 -165 - An ordinance amending Section 45.03 of the Saint Paul Legislative Code; including certain types of vehicles as nuisances. Laid over to March 1 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 34. Third Reading - 00 -62 - An ordinance amending Section 310.19 of the Saint Paul Legislative Code; eliminating the investigation services required from a security agency to be selected and contracted with the City of Saint Paul to provide alcohol awareness training to liquor - licensed establishments in order to receive a 7% discount on the liquor license fee. Withdrawn Yeas - 6 Nays - 0 (Coleman not present) 35. Third Reading - 00 -130 - An ordinance amending the Saint Paul Legislative Code sections which regulate trucking facilities. The fundamental change is that the amendments would first permit trucking facilities in I -2 districts subject to special conditions. Substitute introduced, amended and laid over to March 1 for final adoption Yeas - 7 Nays - 0 36. Resolution - 00 -166 - Revoking the provisional operator status as a taxicab driver for Michael Boudewyns for failure to enroll in the required taxicab driver training course. Adopted Yeas - 7 Nays - 0 37. Resolution - 00 -167 - Revoking the provisional operator status as a taxicab driver for Shane E. Coners for failure to enroll in the required taxicab driver training course. Laid over to April 5 Yeas - 7 Nays - 0 38. Resolution - 00 -168 - Revoking the provisional operator status as a taxicab driver for George Johnson for failure to enroll in the required taxicab driver training course. Adopted Yeas - 7 Nays - 0 39. Resolution - 00 -169 - Revoking the provisional operator status as a taxicab driver for Gene Jones for failure to enroll in the required taxicab driver training course. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 6 of 9 Adopted Yeas - 7 Nays - 0 40. Resolution - 00 -170 - Revoking the provisional operator status as a taxicab driver for Simon Maestas for failure to enroll in the required taxicab driver training course. Adopted Yeas - 7 Nays - 0 41. Resolution - 00 -171 - Revoking the provisional operator status as a taxicab driver for William J. McDonald for failure to enroll in the required taxicab driver training course. Adopted Yeas - 7 Nays - 0 42. Resolution - 00 -172 - Revoking the provisional operator status as a taxicab driver for Margaret Outwater for failure to enroll in the required taxicab driver training course. Laid over to April 5 Yeas - 7 Nays - 0 43. Resolution - 00 -173 - Revoking the provisional operator status as a taxicab driver for Christian Wangensteen for failure to enroll in the required taxicab driver training course. Adopted Yeas - 7 Nays - 0 44. Resolution - 00 -174 - Ordering the owner to remove or repair the building at 1216 Reaney Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the April 4, 2000, Legislative Hearing and the April 12, 2000, City Council Meeting) Laid over to April 12 Yeas - 7 Nays - 0 45. Resolution - 00 -175 - Ordering the owner to remove or repair the building at 411 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 46. Resolution - 00 -176 - Establishing "No Parking 8 a.m.- 4 p.m. Monday through Friday Except by Permit" Area 26, in eight block faces around Parkway Elementary School. Laid over indefinitely Yeas - 7 Nays - 0 47. Resolution - 00 -74 - Vacating an alley located within an area currently used as a parking lot on the southwest corner of Grand Avenue and Victoria Street allowing consolidation of the separate lots into one parcel as petitioned by James A. Stolpestad, for Victoria Crossing LLC. (Laid over from January 26) Laid over to April 12 Yeas - 7 Nays - 0 48. Resolution - 00 -177 - Vacating the east and west alley lying between Robert Street and Livingston Avenue, Livingston Street between 131.5 ft. north of George Street and the center line of the alley in Vollmer's Rearrangement, and Livingston Avenue lying between Congress Street and 175 feet north of vacated Winifred Street as petitioned by Wilder Foundation. Adopted Yeas - 7 Nays - 0 49. Resolution - 00 -178 - Vacating that part of the alley in Block 1, Stewart Avenue Addition lying northeasterly of the southeasterly extension of the southwest line of Lot 1, Block 1 (between Steward Avenue and Butternut Street northeast of Sumac Street), as petitioned by the Hazelden Foundation. Adopted Yeas - 7 Nays - 0 50. Final Order - 00 -179 - In the matter of construction of storm sewer connections, sanitary sewer connections and water connections, at the property owner's request, in conjunction with the improvement of Dale Street North from St. Anthony to Minnehaha Avenues. (File 418803C) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 7 of 9 Adopted Yeas - 7 Nays - 0 51. Final Order - 00 -180 - In the matter of condemning and taking a permanent utility easement in connection with the lighting improvement on Hamline Avenue between Marshall and Concordia Avenues. (File 418889E2) Adopted Yeas - 7 Nays - 0 52. Final Order - 00 -181 - In the matter of improving the alley in Block 120, West Saint Paul Proper (bounded by Baker, Winslow, Elizabeth, and Stryker), by grading and paving with bituminous material. (File 18915) Withdrawn Yeas - 7 Nays - 0 53. Final Order - 00 -182 - In the matter of condemning and taking an easement in the land necessary for the slope, cuts and fills in connection with improvement of the alley in Block 120, West Saint Paul Proper (bounded by Baker, Winslow, Elizabeth and Stryker). (File 418915 -5) Withdrawn Yeas - 7 Nays - 0 54. Final Order - 00 -183 - In the matter of improving the alley in Block 9, Lindley Park and Block 6 H.F. Schwabe's Addition, from the west property line of Griffith Street to 560 feet west, by constructing a storm sewer and drainage structures, and grading and paving with bituminous material (bounded by Wakefield, Frank, Wilson, and Griffith). (File 418923) Laid over to March 8 for public hearing Yeas - 7 Nays - 0 55. Final Order in Condemnation Proceedings - 00 -184 - In the matter of condemning and taking easements in the land necessary for the slope, cuts and fills in connection with the improvement of the alley in Block 9, Lindley Park and Block 6 H. F. Schwabe's Addition, from the west property line of Griffith Street to 560 feet west (bounded by Wakefield, Frank, Wilson and Griffith). (File 418923 -5) Laid over to March 8 for public hearing Yeas - 7 Nays - 0 56. Final Order in Condemnation Proceedings - 00 -185 - In the matter of acquiring the west half of Lot 2, Block 19, Rice & Irvine's Addition to the City of Saint Paul (60 West Fourth Street) for the purpose of constructing a skyway /tunnel connection between Landmark Towers and Saint Paul RiverCentre. (File #18926) Withdrawn Yeas - 7 Nays - 0 57. Public hearing to consider the application of Dr. Irving Herman Trust to rezone property at 2336 Territorial Road from RM -3 to I -1 to allow an auto sales, auto body and auto repair shop. Motion of Intent - Application denied to rezone and adopted the findings and conclusions of the Planning Commission as contained in their Resolution 00 -10 dated January 28, 2000. Yeas - 7 Nays - 0 58. Public hearing to consider the application of Ms. Lynn Hass for a subdivision review to create five residential lots and two outlots on a combined plat on the southwest corner of A Street and White Bear Avenue. Motion of Intent - Application granted to approve the subdivision and adopted the proposed findings in the staff report, File #99- 178 -118. Yeas - 7 Nays - 0 59. Public hearing to consider the application of Dennis Guptil for a subdivision review to create 32 residential lots and four outlots with variances in lot width and lot size by combined plat on the north and south side of Fifth Street between Clarence Street and 64 feet east of vacated Etna Street, except file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 8 of 9 existing lots 9 and 10 on the south side of Fifth Street, and also includes existing lots 15 and 16 on the north side of Fourth Street between Clarence Street and vacated Etna Street. Motion of Intent - Application granted to approve the subdivision and adopted the proposed findings in the staff report, File #99- 113 -879. Yeas - 7 Nays - 0 Suspension Items Resolution - 00 -186 - Urging Metro Transit to reconsider bus route changes in Saint Paul. Adopted Yeas - 7 Nays - 0 Resolution - 00 -187 - Authorizing proper City officials to sign the cooperative agreement between the Metropolitan Council, the City of Saint Paul and MnDot with respect to acquisition of the site for the East Metro bus garage. Adopted Yeas - 7 Nays - 0 Resolution - 00 -188 - Approving the zoning code revisions proposed in the Trucking Facility Zoning Study by the Department of Planning and Economic Development. Laid over to March 1 Yeas - 7 Nays - 0 Resolution - 00 -189 - Requesting that the Director of the Division of Parks and Recreation, in conjunction with the City Council Fiscal Policy Director, commence an immediate exploration of the costs associated with operating the Watergate Marina for the summer of 2000 boating season, compare such study with the same services from an outside agency and that the Director of Parks and Recreation report his findings to the City Council on March 1, 2000. Adopted Yeas - 6 Nays -1 (Reiter) fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010 Page 9 of 9 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165551\Minutes 2 -... 12/15/2010