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Minutes 8-9-2000Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 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 Web Index • Consent Agenda • For Action • Administrative Orders • Public Hearings • Suspension Items Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after roll call) CONSENT AGENDA (Items 1 - 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 July 12 and July 19, 2000. Adopted Yeas - 7 Nays - 0 2. Claims of Matthew Goepfert, Kristie Lau, Geraldine Lusty, and Nicole Walter. Referred to the Employee /Risk Management Office file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010 Page 2 of 6 3. Summons and Complaint in the matter of Community Stabilization Project vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Letter from the Real Estate Division announcing a public hearing before the City Council on August 23, 2000, to consider the vacation of a portion of East Fifth Street lying between the east line of Clarence Street and the northerly extension of the east line of Lot 9 Hamer's Subdivision, for the purpose of extending current development construction for new housing by Dennis Guptil (Vacation 412- 2000). 5. Letter from the Real Estate Division announcing a public hearing before the City Council on August 23, 2000, September 27, 2000, to consider the vacation of property on John Street for construction of the new Law Enforcement Center. (Vacation 41 -2000) 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 23, 2000, to consider adverse action against all licenses held by E & K Corporation, dba Checkers Nite Club, 1066 7th Street East for failure to pay delinquent license fees. 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 23, 2000, to consider adverse action against the Cigarette /tobacco License held by Twin Cities Stores, Inc., 4571, dba Oasis Market, 2067 Grand Avenue. 8. Administrative Orders: • D001901 Amending the spending and financing plans of the Vandalia Street Bridge, the 1997 MSA Contingency and the 1998 MSA Contingency projects in the Department of Public Works. • D001902 Amending the spending and financing plans of the Margaret /Arcade RSVP & 1998 Major Sewer Repairs in the Department of Public Works. Noted as on file in the City Clerk's Office 9. Resolution - 00 -692 - Approving the Memorandum of Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 633, who represent certain employees at the Saint Paul Regional Water Utility. (Laid over from August 2 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 00 -718 - Approving the Memorandum of Agreement between the City of Saint Paul and Painters Local No. 61. (To be laid over one week for adoption) Laid over to August 16 for adoption 11. Resolution - 00 -719 - Approving the July 1, 2000 through June 30, 2003 Maintenance Labor Agreement between the City of Saint Paul and International Union of Elevator Constructors Local 9. (To be laid over one week for adoption) Laid over to August 16 for adoption file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010 Page 3 of 6 12. Resolution - 00 -720 - Memorializing the decision of the City Council on May 24, 2000, denying the appeal of Frost, Leonard, and Clark to the decisions of the Historic Preservation Commission and the appeals of Severson to the decision of the Board of Zoning Appeals and the Planning Commission regarding property at 420 Portland Avenue. Substitute introduced and adopted Yeas - 7 Nays - 0 13. Resolution - 00 -721 - Providing local approval for Omnibus Tax Act, Ch. 490, Art. 11, !�' /240 regarding a housing TIF district in the northeast quadrant of downtown, and amendment to 469.084, Subd. 1. LAR. Ch. 286 regarding Port Authority recreational facilities need not abut rivers and lakes. Adopted Yeas - 7 Nays - 0 14. Resolution - 00 -722 - Establishing an account in the Technology and Management Services Special Projects 2000 Budget and authorizing the spending of the State grant for the implementation of Phase I of the Response Action Plan (RAP) for clean up at Pig's Eye dump. Adopted Yeas - 7 Nays - 0 15. Resolution - 00 -723 - Amending the spending and financing plans of the Wabasha Street Bridge /Raspberry Island and the Kellogg Boulevard projects by transferring MSA from the Earl Street Bridge and Pierce Butler Realignment Projects. Substitute introduced and adopted Yeas - 7 Nays - 0 16. Resolution - 00 -724 - Revising the permit fee for construction /reconstruction of walk, curb, and driveway in the public right -of -way. Adopted Yeas - 7 Nays - 0 17. Resolution - 00 -725 - Transferring the remaining budget from the Police Department's 1999 Capital Maintenance project to a 1996 capital project for roof repair at the F.O.R.C.E. Unit at 699 East 7th Street. Adopted Yeas - 7 Nays - 0 18. Resolution - 00 -726 - Authorizing the Department of Fire and Safety Services to accept a donation of $3,000.00 from Health Partners for the Risk Watch program. Adopted Yeas - 7 Nays - 0 19. Resolution - 00 -727 - Authorizing the Department of Fire and Safety Services to solicit the United States Fire Administration for its National Fire Safety Campaign grant program for the translation of its "Footsteps to Fire Safety" program. Adopted Yeas - 7 Nays - 0 20. Resolution - 00 -728 - Approving special legislation allowing creation of a special purpose tax increment financing district in the North Quadrant of downtown St. Paul. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010 Page 4 of 6 21. Resolution Approving Assessment - 00 -729 - In the matter of installation of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements for the Western /Lawson RSVP Paving and Lighting Project, and setting date of public hearing for September 27, 2000. (File 418904) Adopted Yeas - 7 Nays - 0 22. Resolution Approving Assessment - 00 -730 - In the matter of the Seventh / Eleanor Area Paving and Lighting Project, and setting date of public hearing for September 6, 2000. (File 418908) Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 23. Third Reading - 00 -550 - An ordinance to regulate newsracks that are located within public rights - of -way. (Substitute introduced June 7; laid over from June 28) Laid over to September 27 for continuation of third reading /public hearing 24. Third Reading - 00 -685 - An ordinance amending Council File 97 -1568, an interim ordinance preserving the status quo with respect to advertising signs, to permit advertising signs at the new hockey arena. Laid over to August 23 for final adoption 25. Third Reading - 00 -686 - An ordinance amending Saint Paul Legislative Code Chapter 66, Section 66.103.A, pertaining to the definition of advertising signs and adding new language to Section 66.214 to permit and regulate advertising signs at sports facilities. Laid over to August 23 for final adoption 26. 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 June 28) Laid over to September 6 Yeas - 7 Nays - 0 27. 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 June 28) Laid over to September 6 Yeas - 7 Nays - 0 28. Resolution - 00 -731 - Approving creation of Tax Increment Financing District No. 1 (North Quadrant) and adoption of a tax increment financing plan. Adopted Yeas - 6 Nays - 0 (Coleman not present for vote) 29. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cable Communication Service and applications received from Everest Connections Corporation and WideOpenWest file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010 Page 5 of 6 Minnesota, LLC. Public hearing continued to September 27, 2000 Yeas - 7 Nays - 0 30. Public hearing to consider the appeal of Douglas Berends to a decision of the Planning Commission denying a request for a special condition use permit to allow for a used car sales lot on the property at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). Motion of Intent - Appeal denied and adopted the findings of fact and conclusions of the Planning Commission as contained in their Resolution 00 -35 adopted June 23, 2000. Yeas - 7 Nays - 0 31. Public hearing to consider the appeal of Motorscope /Dean C. Johnson to a decision of the Planning Commission attaching conditions to a Special Condition Use Permit allowing reconstruction of an auto specialty store at 360 South Snelling Avenue. Motion of Intent - Appeal denied and upheld the Special Condition Use Permit with additional conditions being added and adopted the findings of fact and conclusions of the Planning Commission as contained in their Resolution 00 -33 adopted June 23, 2000. Yeas - 5 Nays - 2 (Benanav, Lantry) 32. Public hearing to consider the application of the Episcopal Church Home to rezone property from P- 1 and B -3 to RM -2 to allow for the expansion of a retirement community at the southwest corner of University and Fairview Avenues. Motion of Intent - Application granted and adopted the findings of fact and conclusions of the Planning Commission as contained in their Resolution 00 -39 adopted June 23, 2000. Yeas - 7 Nays - 0 33. Public hearing to consider the application of Dennis Guptil for a revised final plat for Newbridge (adding 3 lots) for subdivision of property along Fifth Street between Clarence Street and east of Etna Street into 35 residential lots and 4 outlots, with a request for a variance of minimum lot width and area requirements to provide for 34 new housing units including two twinhome structures and 30 single family detached townhomes. Motion of Intent - Application granted Yeas - 7 Nays - 0 34. Public hearing to consider the application of Northern Star Company for a preliminary and final plat to create three industrial lots and one outlot at property south of the Burlington Northern tracks, west of Westgate Drive and east of the Minneapolis and Saint Paul border. Laid over Indefinitely Yeas - 7 Nays - 0 Suspension Items: Thomas Getzke, new President and CEO of the Saint Paul Convention and Visitors Bureau was introduced to the City Council. Resolution - 00 -732 - Holding Saint Paul Academy and Summit School harmless for using their facilities for the Division of Parks and Recreation Youth Football Program from August 14 - October file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010 Page 6 of 6 25, 2000. Adopted Yeas - 7 Nays - 0 Dan Smith, Department of Planning and Economic Development, introduced speakers regarding noise and odor issues at the Minnesota Brewing Company/ Gopher State Ethanol Plant. The Council directed Bill Gunther, Environmental Health Director (LISP), to provide monthly updates to the Council on this issue with the first one being presented on August 16. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122304\Minutes 8 -... 12/15/2010