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Minutes 2-9-2000Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 9, 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 Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived later in the meeting) Web Index • Consent Agenda • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items CONSENT AGENDA (Items 1 - 33) 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 8, 1999. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 2 of 7 Adopted Yeas - 6 Nays - 0 2. Claims of Timothy Brelje, Christopher Carman, Grant Harris, Henry Ibrahim, Milton Kimball, Joseph Koller, Stephanie Martin, Amy Montgomery, and Emily Peterson. Referred to the Employee /Risk Management Office 3. Summons and Complaint in the matter of Ruth Parker and Merle Parker vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. 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. (York Achievement Plus School Project) Referred to the City Attorney's Office 5. Letters from the Office of the City Attorney announcing public hearings before the City Council on February 23, 2000, to consider revocation of provisional operator status as a taxicab driver for the following: Michael Boudewyns, Shane Eugene Coners, George Johnson, Gene Jones, Simon Maestas, William John McDonald, Margaret Outwater, and Christian Wangensteen. 6. Letters from the Citizen Service Office /Property Code Enforcement declaring 1216 Reaney Avenue and 411 Sherburne Avenue as nuisance properties and setting date of Legislative Hearings for February 15, 2000, and City Council Hearings for February 23, 2000. 7. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 23, 2000, 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. 8. Letter from the Real Estate Division announcing a public hearing before the City Council on February 23, 2000, to approve vacation of 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. 9. Administrative Orders: D001819 Authorizing the Saint Paul Police Department to pay expenses related to the Volunteers' Banquet at the Holiday Inn East, Saint Paul, on March 25, 2000. D001820 Implementing General Fund budget changes in the Financial Services Office for the PC Replacement Program. D001821 Authorizing reallocation of the Coordinated Housing Program (CHIP) budget in the Department of Planning and Economic Development. D001822 Budget revision in the Department of Planning and Economic Development for Fund 967 - file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 3 of 7 Revenue Notes and Other Long -Term Debt. Noted as on file in the City Clerk's Office 10. Resolution - 00 -105 - Honoring Marguerite Catherine Oden Wilson on the occasion of her 100th birthday by proclaiming Wednesday, February 9, 2000, as Marguerite Catherine Oden Wilson Day in the City of Saint Paul. Adopted Yeas - 6 Nays - 0 11. Resolution - 00 -77 - Approving the Letter of Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, AFL -CIO, pertaining to temporary employees. (Laid over from February 2 for adoption) Adopted Yeas - 6 Nays - 0 12. Resolution - 00 -78 - Approving the February 1, 1998, through January 31, 2001, Collective Bargaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, AFL -CIO. (Laid over from February 2 for adoption) Adopted Yeas - 6 Nays - 0 13. Resolution - 00 -106 - Approving the reappointments of Carole Murphy Faricy, Litton Field, Jr., and Richard Kramer, by Mayor Coleman, to the Saint Paul Planning Commission. Adopted Yeas - 6 Nays - 0 14. Resolution - 00 -107 - Approving the application for Malt Off Sale, Grocery (C), and Cigarette /Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selby Avenue. (Legislative Hearing Officer recommends approval with conditions) Laid over to February 16 Yeas - 6 Nays - 0 15. Resolution - 00 -108 - Concerning adverse action against the Parking Ramp License held by Jensen Durfee & Associates, 30 7th Street East. Adopted Yeas - 6 Nays - 0 16. Resolution - 00 -109 - Concerning adverse action against the Parking Ramp License held by The Three Brothers, Inc., 279 Kellogg Boulevard. Adopted Yeas - 6 Nays - 0 17. Resolution - 00 -110 - Concerning adverse action against all licenses held by Food -N -Fuel, dba Food -N -Fuel C -32, 2233 Energy Park Drive. Adopted Yeas - 6 Nays - 0 18. Resolution - 00 -111 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 624 Summit Avenue, 576 -578 Grand Avenue, 426 Pierce file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 4 of 7 Street, 1986 St. Clair Avenue, 1765 Randolph Avenue, 460 Pierce Street; 1319 Grand Avenue; 1646 Selby Avenue; 1585 Rice Street; 550 Wheeler Street North; 661 Lincoln Avenue; and 906 Beech Street, lower unit. Adopted Yeas - 6 Nays - 0 19. Resolution - 00 -112 - Authorizing payment in the amount of $30,000.00 to Jacqueline Rogers in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 20. Resolution - 00 -113 - Stating the Saint Paul City Council's opposition to legislation at any level of government which would allow increases in the size and weight of trucks and supporting the position of the Minnesota Alliance for Safe Highways on such legislation. Adopted Yeas - 6 Nays - 0 21. Resolution - 00 -114 - Approving a change to spending object codes, in the Office of Financial Services, from Council Contingency to City Contribution to Outside Agency (Capital City Partnership). Adopted Yeas - 6 Nays - 0 22. 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 to February 23 Yeas - 7 Nays - 0 23. Resolution - 00 -116 - Extending the Lower Mississippi River Watershed Management Organization's joint powers agreement to January 1, 2002. Adopted Yeas - 6 Nays - 0 24. Resolution - 00 -117 - Approving changes to the Bylaws of the Middle Mississippi River Watershed Management Organization. Adopted Yeas - 6 Nays - 0 25. Resolution - 00 -118 - Authorizing the proper City officials to enter into an agreement with Ramsey County for reconstruction of Larpenteur Avenue between Arona Street and Oxford Street. Adopted Yeas - 6 Nays - 0 26. Resolution - 00 -119 - Authorizing the proper City officials to enter into an agreement with the City of Roseville for streetscape improvements on Larpenteur Avenue between Hamline Avenue and Oxford Street. Adopted Yeas - 6 Nays - 0 27. Resolution - 00 -120- Expanding the Cultural District boundaries of the City to include the area fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 5 of 7 bounded by Interstate 94 on the north, the Lafayette Bridge to the east, the Mississippi River to the south, and Chestnut Road to the west. Adopted Yeas - 7 Nays - 0 28. Resolution - 00 -121 - Amending past resolutions so as not to retain the easements as requested by the petitioner for property located between Humboldt Avenue and Robert Street and between Congress Street and George Street. Adopted Yeas - 6 Nays - 0 29. Resolution Approving Assessment - 00 -122 - In the matter of demolition of vacant buildings during September, October or December 1999 (JOODEMO); summary abatements (property cleanup) for September through December, 1999 (JSUM00); boarding -up vacant buildings during August, September, October, and November, 1999 (JBDUP00); towing abandoned vehicles from private property during September and /or December, 1997 and June and /or August, 1999 (J9912V); and summary abatements (grass cutting by contractor) from mid - August through mid - October, 1999 (JGRASS00), and setting date of Legislative Hearing for March 21, 2000, and City Council Hearing for April 5, 2000. Adopted Yeas - 6 Nays - 0 30. Preliminary Order - 00 -123 - In the matter of improving the alley in Block 1, Lane's Manor and Block 1, Sunnyside Plat 2 (bounded by Juliet, Albert, Jefferson and Hamline) by grading and paving with bituminous material and all other work necessary to complete the project, and setting date of public hearing for March 22, 2000. (File 418919) Adopted Yeas - 6 Nays - 0 31. Preliminary Order - 00 -124 - In the matter of condemning and taking permanent easements in the land necessary for slopes, cuts and fills, for the improvement of the alley in Block 1, Lanes Manor, and Block 1, Sunnyside Plat 2 (bounded by Juliet, Albert, Jefferson and Hamline) by grading and paving with bituminous material, and setting date of public hearing for March 22, 2000. (File 4189195) Adopted Yeas - 6 Nays - 0 32. Preliminary Order - 00 -125 - In the matter of improving the alley in Block 3, Gilbert's Greenway Court (bounded by Hamline, Ford Parkway, Syndicate and Hillcrest) by grading and paving with bituminous material and all other work necessary to complete said project, and setting date of public hearing for March 22, 2000. (File 418920) Adopted Yeas - 6 Nays - 0 33. Preliminary Order - 00 -126 - In the matter of condemning and taking permanent easements in the land necessary for slopes, cuts and fills for the improvement of the alley in Block 3, Gilbert's Greenway Court (bounded by Hamline, Ford Parkway, Syndicate and Hillcrest) by grading and paving with bituminous material, and setting date of public hearing for March 22, 2000. (File 4189205) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 6 of 7 FOR DISCUSSION 34. Report from Holly Hansen, City Cable Officer, as to whether or not MediaOne violated federal standards as to how much they may charge for cable wiring installation in nursing homes. (Report requested by Council on January 12) Holly Hansen, City Cable Officer, presented a report. 35. 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 2) Laid over to February 16 Yeas - 7 Nays - 0 ORDINANCES 36. Final Adoption - 00 -61 - An ordinance amending Saint Paul Legislative Code Section 33.04; inserting the 50% reduction of all housing - related permits as part of a pilot program to increase housing in Saint Paul. (Amended on February 2) Adopted Yeas - 5 Nays - 2 (Coleman, Reiter) PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 37. Third Reading - 00 -73 - An ordinance changing the insurance coverage requirement amounts in stationary event permits to comply with the new monetary limits in the Minnesota municipal tort liability statute. Laid over to February 23 for final adoption Yeas - 6 Nays - 0 (Coleman not present) 38. Resolution - 00 -127 - Approving vacation of the City's interest from a parcel of property formerly known as the Science Museum of Minnesota West Building to allow the City to transfer ownership of the property which will eventually be used as a school. Substitute introduced and adopted Yeas - 7 Nays - 0 39. Resolution - 00 -128 - Ordering the owner to remove or repair the building at 443 Charles Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 40. Resolution - 00 -129 - Ordering the owner to remove or repair the building at 681 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation provided the vacant building fee is paid and a $2,000.00 bond is posted by noon February 9, 2000) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010 Page 7 of 7 Adopted as amended (per recommendation of the Legislative Hearing Officer) Also, Council requested that City staff inspect the property in 90 days and provide an interim report. Yeas - 7 Nays - 0 41. Public hearing to consider the following cases concerning a new carriage house proposed to be built at 420 Portland Avenue: appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost to a decision of the Heritage Preservation Commission to approve the design; appeal of Ron Severson to a decision of the Board of Zoning Appeals to deny a variance to reduce the required front yard setback; and application of Ron Severson to review the site plan. (Laid over from January 5) Laid over to April 12 Yeas - 7 Nays - 0 42. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by Megusta Mexican Cuisine, dba Megusta Mexican Restaurant, 433 Robert Street South. Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative Law Judge. The $500 fine was imposed but stayed $250 for 18 months on condition of no further violations. Yeas - 7 Nays - 0 Suspension Items First 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 so special conditions. Laid over to February 16 for second reading Yeas - 7 Nays - 0 Resolution - 00 -131 - Referring proposed zoning amendments to the Saint Paul Legislative Code !� /z 60.207.G (Gun Shop) to the Planning Commission for review and study and requesting reports be submitted to the City Council by the 15th of the month after the end of each quarter. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170016\Minutes 2 -... 12/15/2010