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Minutes 6-28-2000Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 28, 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 • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 -17) 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 May 24, 2000. Laid over to July 5 Yeas - 7 Nays - 0 2. Claims of Mitchell Brown, Brian Hill, Keith Crenshaw, and Julius Treadwell. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 2 of 8 Referred to the Employee /Risk Management Office 3. Letter from Lockridge Grindal Nauen, Attorneys At Law, in the matter of the request of Yipes Transmission, Inc. for Certificate of Authority to enable it to provide local niche services. 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on July 5, 2000, to consider the application of River City Asphalt for a sound level variance to allow operation of a temporary asphalt plant near the northwest corner of Plato Boulevard and Robert Street South from approximately 8:00 p.m. on Fridays until 5:00 a.m. the following Monday on five weekends beginning July 7, 2000, and ending August 31, 2000. 5. Letters from the Citizen Service Office /Property Code Enforcement declaring 108 Atwater Street and 811 Stryker Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 6. Resolution - 00 -580 - Approving the Memorandum of Understanding between the St. Paul Civic Center Authority (also known as RiverCentre Authority), an agency of the City of Saint Paul, and International Operating Engineers Local 70, International Alliance of Theatrical Stage Employees, and Manual and Maintenance Supervisors Association. (Laid over from June 21 for adoption) Adopted Yeas - 7 Nays - 0 7. Resolution - 00 -605 - Approving the Memorandum of Understanding between the City of St. Paul, AFSCME Local 2508 (Clerical), Professional Employees Association, and the Saint Paul Supervisors Organization pertaining to the Workforce Development unit with Ramsey County. (To be laid over one week for adoption) Laid over to July 5 for adoption Yeas - 7 Nays - 0 8. Resolution - 00 -606 - Recognizing Saint Bernard's High School Softball Team, under the direction of Coach Gary Lothian, for their fifth State Championship and their outstanding success in the Year 2000 season. Adopted Yeas - 7 Nays - 0 9. Resolution - 00 -607 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 73 Leech Street, 795 Sixth Street East, 1021 Hudson Road, 726 Lincoln Avenue, 422 Pierce Street 41, 1913 Carroll Avenue, 880 Wilson Avenue 44, and 693 Wilson Avenue. Adopted Yeas - 7 Nays - 0 10. Resolution - 00 -608 - Authorizing the Division of Parks and Recreation to issue Request for Proposals to identify the future management and operation of the Watergate Marina. Adopted Yeas - 7 Nays - 0 11. Resolution - 00 -609 - Authorizing the proper City officials to execute a lease agreement and joint- file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 3 of 8 use agreement with Independent School District No. 625. Adopted Yeas - 7 Nays - 0 12. Resolution - 00 -610 - Amending the spending and financing plan of 1999 Various Sewer Repair and 1998 Major Sewer Repair projects in the Department of Public Works. Adopted Yeas - 7 Nays - 0 13. Resolution - 00 -611 - Amending the 2000 Residential Street Paving project budget in the Department of Public Works by transferring funding from the Citywide Sidewalk Program, the 1996 and 1998 Major Sewer Repair Program, and adding financing from Sewer G.O. Bonds and the Water Utility. Adopted Yeas - 7 Nays - 0 14. Resolution - 00 -612 - Authorizing execution and entering into an agreement with Metricom, Inc. as set forth in the "Right -of -Way and Facility Agreement." Adopted Yeas - 7 Nays - 0 15. Resolution - 00 -613 - Approving the City's contract with Saint Paul Neighborhood Network (SPNN) for the provision of Government access services for playback of Channel 18 programming and distribution of Channel 18 schedule. Adopted Yeas - 7 Nays - 0 16. Resolution - 00 -614 - Approving renewal of the City's contract with Saint Paul Neighborhood Network (SPNN) for the provision of Public and Educational access services and community programming. Adopted Yeas - 7 Nays - 0 17. Resolution - 00 -615 - Authorizing an offset of certain capital obligations equal to $630,000 in 1997 dollars ($660,563) of the cable franchise for 2000, pursuant to Article III, Section 304 (a) of the cable television franchise (C.F. 98 -234). Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 18. Resolution - 00 -569 - Approving Laws 2000, chapter 461, article 7, sections 1 and 5 relating to public pension coverage exclusion for certain trades personnel. (Laid over from June 14) Laid over to July 12 Yeas - 7 Nays - 0 19. Update by the Administration regarding additional parking at the corner of Grand and Victoria Avenues. (Update requested by Council on June 7) (Laid over from June 21) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 4 of 8 No update was required 20. Resolution - 00 -598 - Memorializing City Council action taken May 10, 2000, granting the appeal of Neighbors Opposed to Victoria Plaza, Inc., Summit Hill Association, and East Mall Association to a decision of the Planning Commission approving the site plan for a commercial development and parking ramp at 864 Grand Avenue. (Laid over from June 21) Laid over to July 12 Yeas - 7 Nays - 0 21. Resolution - 00 -616 - Approving Cultural STAR Board recommendations for Cycle 6, Cultural STAR Program. Adopted as amended Yeas - 7 Nays - 0 22. Report from the Planning Commission on the Seven Corners Gateway Plan. (Report requested by the Council on May 15; C.F. 00 -250) (Laid over from June 7) Lucy Thompson, Department of Planning and Economic Development, appeared. 23. Resolution - 00 -617 - Endorsing the Seven Corners Gateway Plan as general policy for the area bounded by Kellogg Boulevard, I -35E, Grand /Ramsey and Exchange Street, and requesting preparation of an overlay district ordinance to address mixed land uses and urban design in the area. Substitute introduced and adopted Yeas - 7 Nays - 0 24. Report from the Mayor and his administration on implementing a program to provide technology training for Saint Paul residents to establish a base of "Human Capital" for business. (Report requested by Council May 3, 2000; C.F. 00 -429; laid over from June 21) A report was presented by Sean Kershaw, Department of Planning and Economic Development. 25. Report from the Office of License, Inspections and Environmental Protection (LISP) on their response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Plan Review and Inspection Functions." (Report requested by Council on May 24) A report was presented by Robert Kessler, Director, Office of License, Inspections and Environmental Protection (LISP). Council requested that Mr. Kessler provide LIEP's work plan to the Council on July 26. ORDINANCES 26. Second Reading - 00 -600 - An ordinance amending various sections of Legislative Code Chapters 116 and 135 of the Saint Paul Legislative Code to provide for regulation of the public right -of -way. Laid over to July 5 for 3rd reading /public hearing 27. Second Reading - 00 -601 - An ordinance to provide for the publication and distribution of the legislative and administrative codes by the City Clerk. file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17200IWinutes 6 -... 12/15/2010 Page 5 of 8 Laid over to July 5 for 3rd reading /public hearing (Councilmember Benanav was excused at this time; Coleman arrived later in the meeting) PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 28. Third Reading - 00 -548 - An ordinance amending Chapter 19 of the Saint Paul Legislative Code to allow inspectors of the Board of Water Commissioners to issue summonses. Laid over to July 5 for final adoption 29. Third Reading - 00 -549 - An ordinance amending Chapter 90 of the Saint Paul Legislative Code pertaining to the use of fire hydrants by public agencies. Laid over to July 5 for final adoption 30. Third Reading - 00 -571 - An ordinance amending Chapter 166 of the Saint Paul Legislative Code by revising the residential street permit parking district in the University of Minnesota Farm Campus Neighborhood and which provides for the orderly administration of the district. Laid over to July 5 for final adoption 31. Third Reading - 00 -572 - An ordinance amending Chapter 166.10 of the Saint Paul Legislative Code by changing the residential street permit parking district in the Irvine Park Neighborhood from Two Hour Parking, 8AM -8PM Monday- Friday, Except by Permit, Area 13 to No Parking Except by Permit, Except Holidays, Area 13. Laid over to July 5 for final adoption 32. Third Reading - 00 -573 - An ordinance to clarify the imposition of penalties for violation of the Saint Paul Legislative Code. Laid over to July 5 for final adoption 33. Third Reading - 00 -574 - An ordinance to clarify and supplement taxi driver's license requirements. Laid over to July 5 for continuation of third reading /public hearing Yeas - 5 Nays - 0 34. Resolution - 00 -618 - Concerning adverse action against all licenses held by Fleming Corporation, Inc., dba Rainbow Foods, 892 Arcade Street. (Uncontested) Laid over to July 12 Yeas - 5 Nays - 0 35. Resolution - 00 -431 - Revoking the provisional operator status as a taxicab driver for Brian Cady for failure to enroll in the taxicab driver training course. (Laid over from May 3) Adopted Yeas - 5 Nays - 0 36. Resolution - 00 -432 - Revoking the provisional operator status as a taxicab driver for Kidane Habtes file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 6 of 8 for failure to enroll in the taxicab driver training course. (Laid over from May 3) Withdrawn Yeas - 5 Nays - 0 37. Resolution - 00 -433 - Revoking the provisional operator status as a taxicab driver for Dwight Smith for failure to enroll in the taxicab driver training course. (Laid over from May 3) Laid over to August 9 Yeas - 5 Nays - 0 38. 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 from May 24) Adopted Yeas - 5 Nays - 0 39. Resolution - 00 -215 - Revoking the provisional operator status as a taxicab driver for Keith Hooks for failure to enroll in the taxicab driver training course. (Laid over from May 24) Laid over to August 9 Yeas - 5 Nays - 0 40. Public hearing to consider the report of the Administrative Law Judge concerning the application for an Auto Repair License by MFK Enterprises, 830 Robert Street South. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (Application Granted). Yeas - 6 Nays - 0 41. Resolution - 00 -619 - Removing Two Hour Parking 7AM -7PM Monday through Friday, Except by Permit, parking restriction from the north side of Harrison Avenue from Garfield Street to 150 feet west. Adopted Yeas - 5 Nays - 0 (Coleman arrived) 42. Resolution - 00 -620 - Amending Council File 00 -129 to change the timeline for removal or repair of the property located at 681 Edmund Avenue from 180 days to within fifteen (15) days from adoption of resolution. Laid over to July 26 Yeas - 6 Nays - 0 43. Appeal of Marilyn Arnsdorff to a summary abatement order for property located at 1915 Margaret Street. (Legislative Hearing Officer recommends denying the appeal; however, the inspector will grant an extension of time to August 20, 2000 to remove the vehicles.) Appeal Denied Yeas - 6 Nays - 0 (Action included the inspector granting an extension to August 20, 2000 to remove the vehicles.) 44. Appeal of Jeanette Kamman to a summary abatement order for property located at 53 North Dale Street. (Legislative Hearing Officer recommends denying the appeal.) Appeal Denied Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 7 of 8 45. Resolution Ratifying Assessment - 00 -621 - In the matter of summary abatements (property clean- up) at 1108 Sixth Street East and 654 Magnolia Avenue East, and (snow and /or ice removal) at 1185 Burns Avenue. (J0002AA) (Laid over from June 14) (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 46. Resolution Ratifying Assessment - 00 -622 - In the matter of improving the intersection at Seventh Street West and Kittson Street by installing a traffic signaling system. (File 418872) Adopted Yeas - 6 Nays - 0 47. Resolution Ratifying Assessment - 00 -623 - In the matter of grading and paving alleys in Wards 2, 4, & 6 (1997 Project). (File 418867, 18868, 18899, 18902) Adopted Yeas - 6 Nays - 0 48. Final Order - 00 -624 - In the matter of sidewalk reconstruction in Wards 1, 2, 3 & 4. (File SOO107- 500116) Adopted Yeas - 6 Nays - 0 49. Final Order - 00 -625 - In the matter of sidewalk reconstruction in Wards 5 & 6. (File 4SO0117- 500126) Adopted Yeas - 6 Nays - 0 50. Final Order - 00 -626 - In the matter of sidewalk reconstruction in Wards 1, 3 & 4. (File 4SOO134- 500141) Adopted Yeas - 6 Nays - 0 51. Final Order - 00 -627 - In the matter of sidewalk reconstruction in Wards 1, 2 & 7. (File 4SOO152- 500154) Adopted Yeas - 6 Nays - 0 52. Final Order - 00 -628 - In the matter of construction of areaways on Wabasha and Fourth Streets in connection with the Wabasha West Streetscape Project. (File 418894A) Adopted Yeas - 6 Nays - 0 53. Final Order - 00 -629 - In the matter of construction of areaways on Fifth Street in connection with the Wabasha West Streetscape project. (File 41889413) Adopted Yeas - 6 Nays - 0 54. Final Order - 00 -630 - In the matter of sidewalk reconstruction in Ward 2. (File #500142 - 500151) Adopted as amended Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010 Page 8 of 8 (500 149 - 345 Sidney Street - laid over to July 12) 55. Final Order - 00 -631 - In the matter of sidewalk reconstruction in Wards 5, 6 & 7. (File 4SOO127- 500133) Adopted as amended Yeas - 7 Nays - 0 (500 128 - Both sides of East Maryland Avenue from Cypress Street to Earl Street - laid over to July 12, 500131 - 2113 Minnehaha Avenue - laid over to July 12) 56. Public hearing to consider the appeals of Nationwide Group and REF, LLC to a decision of the Planning Commission denying a site plan for a mini - storage facility on the former railroad property between Agate Street and 35E and between Case and Sims Avenues. Motion to deny the appeal, disapprove the site plan, and adopt the findings, conclusions and recommendations of the Planning Commission as contained in their Resolution 00 -34 dated May 26, 2000. Yeas - 7 Nays - 0 Suspension Items Resolution - 00 -632 - Recognizing the retirement of Merle Green after 33 years of service to the City. Adopted Yeas - 7 Nays - 0 Resolution - 00 -633 - Removing No Parking 3PM -6PM, Friday- Monday, Except by Permit from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). Laid over to July 26 for continuation of public hearing. Yeas - 6 Nays - 0 Councilmember Coleman moved to lay over the following ordinance to August 9. (Originally scheduled for a public hearing on July 5) Ordinance - 00 -550 - To regulate newsracks that are located within public rights -of -way. (Substitute introduced June 7; laid over from June 14) Laid over to August 9 for third reading /public hearing Yeas - 7 Nays - 0 Ron Maddox, promoter of The 18th Annual Taste of Minnesota, appeared and talked about the event scheduled for June 30 -July 4, 2000 on the State Capitol Grounds. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172001\Minutes 6 -... 12/15/2010