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Approved Minutes 12-12-2001Page 1 of 8 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 12th, 2001 - 3:30 - 5:00 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Suspension Items The meeting was called to order at 3:50 p.m. by Council President Bostrom. Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after roll call) CONSENT AGENDA (Items I - 30) 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 BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson, Assistant Secretary to the City Council, noted that the public hearing for Item 7 will be canceled and the matter will be referred to an Administrative Law Judge Hearing. Nancy Anderson stated that Item 30 should be laid over to December 19 for a public hearing. Council President Bostrom removed Item 20 for discussion. Councilmember Coleman moved approval of the consent agenda as amended. Adopted Yeas - 7 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Lin Elmi, Carol Hunn- Gregory (Keys Robert Street Cafe) Helen Heller, Greg Hostrawser, fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 2 of 8 Bruce LaBelle, Tong Chao Lee, Stefan Schnitzer, and Kim Wasson. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Harris Companies vs. the City of St. Paul, et al. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Sela Roofing and Remodeling, Inc. vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Communication from Lindquist & Vennum P.L.L.P. regarding the case of the City of Saint Paul v. MBC Holding Company, Gopher State Ethanol, LLC and MG CO2 St. Paul, LLC. (Reply Memorandum of Defendants and affidavits on file in the City Clerk's Office) Referred to the City Attorney's Office 5. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on December 19, 2001, to consider the appeal of Saint Paul Department of Public Works - Traffic Division to a decision of the Heritage Preservation Commission denying a permit application to construct a traffic island at the intersection of Western and Summit Avenues (Historic Hill District). 6. Letter from the Office of the City Attorney rescheduling a hearing before an Administrative Law Judge from December 3, 2001, to December 18, 2001, at 11:00 a.m. in Room 40 -13, Saint Paul City Hall, concerning the Cigarette /Tobacco License held by Walter and Gloria Herbst, dba Herbst Food Market, 779 Raymond Avenue. 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on December 19, 2001, to consider adverse action against the Wrecker /Towing License held by A -1 Able Towing, 14 East Acker Street. Public hearing canceled on December 19, 2001, as licensee requested an administrative hearing. 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on December 19, 2001, to consider the report of the Administrative Law Judge concerning the Taxicab Driver's License Application by George R. Blanchard. 9. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 2114 Margaret Street and 1148 Minnehaha Avenue East as nuisance properties and setting date of Legislative Hearings for December 18, 2001, and City Council Hearings for January 2, 2002. FOR ACTION 10. Approval of minutes of November 7, 2001. Adopted Yeas - 7 Nays - 0 11. Resolution- 01 -1270 - Approving the Memorandums of Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers Local 4110, the Lakes and Plains Regional Council of Carpenters and Joiners, the International Union of Painters and Allied Trades District Council 82, and the International Association of Machinists and Aerospace Workers, AFL -CIO for the purpose of providing a uniform allowance to certain employees in their respective bargaining units that file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 3 of 8 work at the Saint Paul Regional Water Services. (To be laid over one week for adoption) Laid over to December 19 for adoption 12. Resolution- 01 -1271 - Approving the January 1, 2001, through December 31, 2002, Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization. (To be laid over one week for adoption) Laid over to December 19 for adoption 13. Resolution - 01 -1272 - Memorializing City Council action approving the currency exchange license application by Endeavor Financial Service, dba Currency Exchange IV, 577 W. University Avenue. (Public hearing held November 28) Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -1273 - Memorializing City Council action approving the currency exchange license application by Team Management, Inc., dba Midwest Check Cashing, 477 Rice Street. (Public hearing held November 28) Adopted Yeas - 7 Nays - 0 15. Resolution- 01 -1274 - Establishing a 2001 financing and spending plan for Police Department services provided at the Summit University Weed and Seed site. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -1275 - Authorizing the Police Department to accept a grant from the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention, and authorizing the City to enter into an agreement with the Minnesota Department of Public Safety. Adopted Yeas - 7 Nays - 0 17. Resolution- 01 -1276 - Approving an amendment to a skyway suspension agreement suspending public access to a stairway that would otherwise be part of the skyway system. Adopted Yeas - 7 Nays - 0 18. Resolution- 01 -1277 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 1186 Grand Avenue, 390 Sherburne Avenue, 881 Maryland Avenue East, and 1016 Albemarle Street 42. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -1278 - Approving the application for a Malt Off Sale License by Ahmad Khatib, dba Adam's Food, 1390 Third Street East. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 7 Nays - 0 20. Discussed after the consent agenda. 21. Resolution - 01 -1280 - Declaring that remaining human resources functions still being provided under contract by the Office of Human Resources to Independent School District 625 would be more efficiently and effectively administered by the School District. Adopted Yeas - 7 Nays - 0 22. Resolution - 01 -1281 - Establishing the rate of pay for the new classification titled Events Coordinator in Grade 10 in the Saint Paul Supervisors Organization (SPSO) Salary Schedule. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 4 of 8 Adopted Yeas - 7 Nays - 0 23. Resolution - 01 -1282 - Approving a License Agreement between the City of Saint Paul and Qwest Communications to allow Qwest to temporarily relocate a communications transmission cable onto the former Whirlpool "Building 17" property during construction of a new Arcade Street bridge. Adopted Yeas - 7 Nays - 0 24. Resolution - 01 -1283 - Approving disbursement of Youth Programs Funds to: Dunning Boosters, Edgcumbe Community Center Hockey Booster Club, Hayden Heights Youth Alliance, Johnson Area Youth Activities Association, Lexington/ Hamline Community Council, Lower Eastside Football Association, Merriam Park Booster Club, Midway Area Youth Athletic Club, Mighty Kids Inner City Hockey - Harding Area, St. Paul Science Fair Support Group, St. Paul Urban Tennis Program, SuperClown Children's Art Gallery, Track Minnesota, Venture Crew 4613 - BSA, Walker West Music Academy, and Youth Express. Adopted Yeas - 7 Nays - 0 25. Resolution - 01 -1284 - Authorization to "carryforward" the City's unused 2001 entitlement allocation (bonding authority) for the purpose of year 2002 qualified residential rental projects and qualified mortgage revenue bonds. Adopted Yeas - 7 Nays - 0 26. Resolution - 01 -1285 - Approving a program of refunding single family mortgage revenue bonds to provide for recycling of program monies to make additional loans for low or moderate income persons and families. Adopted Yeas - 7 Nays - 0 27. Resolution - 01 -1286 - Suspending the Sanitary Disposal Vehicle License held by Bradley Stockman, dba Stockman Transfer, 10636 Cameo Circle, Glencoe, MN until a current Certificate of Insurance for auto liability insurance coverage is submitted. Adopted Yeas - 7 Nays - 0 28. Resolution - 01 -1287 - Concerning adverse action against the Taxicab Drivers license renewal application by Robert Lee Coppock for failure to possess a valid Minnesota driver's license. Adopted Yeas - 7 Nays - 0 29. Resolution - 01 -1288 - Concerning adverse action against the Cigarette /Tobacco license held by El Burrito Market, Inc., dba El Burrito Mercado, 175 Concord Street. Adopted Yeas - 7 Nays - 0 30. Resolution - 01 -1289 - Concerning adverse action against the Cigarette /Tobacco license held by Twin Cities Stores, Inc., 4571, dba Oasis Market, 2067 Grand Avenue. Laid over to December 19 for public hearing Yeas - 7 Nays - 0 20. Resolution - 01 -1279 - Authorizing Ramsey County Housing and Redevelopment Authority to issue revenue bonds to finance the construction of 75 affordable rental housing units by Centex Multi - Family Communities LP and Common Bond Communities on the Upper Landing site. Council President Bostrom presented a substitute resolution and noted that the official name is Chestnut file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 5 of 8 Housing, LP and the actual bond amount goes from $5 million to $5,500,00 Substitute introduced and adopted Yeas - 7 Nays - 0 FOR DISCUSSION 31. Resolution - 01 -1248 - Establishing No Parking from 8:00 a.m. - 8:00 p.m., Except by Permit Area 27, on portions of Pinehurst Avenue and Finn Street and Pinehurst Avenue and Kenneth Street in the Highland Village area. (Laid over from November 28) Counculmember Harris presented a substitute resolution. He said he has met with numerous neighbors and numerous businesses and received many communications from people. He talked with the Highland Business Association, the Highland District Council and possibly every individual either for or against the permit parking. Prior to the Council meeting on November 28, several meetings were held in the neighborhood. Also, the District Council held a meeting specifically on this issue. CM Harris hosted a meeting with several business owners and several neighbors in an attempt to reach a compromise. He felt a compromise was reached that will start the process toward a solution. In the last several weeks commitments have been received from the business association to start identifying ways for their employees to not park on Pinehurst, ways in which to identify additional parking throughout Highland Village, and generally start a discussion of how this issue can be solved for the neighborhood. He said they wanted to do something that had a community perspective. Calls were received from people who were not in the permit parking area but use Highland Village and feel that streets cannot be given away. The compromised reach will involve permit parking from 8:00 a.m. to 8:00 p.m. However, people can park in that area for two hours without a permit. Any longer time will require a neighborhood permit. Councilmember Harris said he will review the issue in a year. Councilmember Harris moved approval of the substitute resolution. Substitute introduced and adopted Yeas - 7 Nays - 0 32. Resolution - 01 -1262 - Granting a sound level variance to Scanlon's Pub, Inc., dba the Dubliner Pub, 2162 University Avenue West, on March 15, 2002, from 6:00 p.m. to midnight, and March 16 and 17, 2002, from noon to midnight. (Laid over from December 5) Councilmember Benanav said he met with Mr. Scanlon and Mr. Goldberg of Midwest Hotel and an agreement was reached. Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER. 33. Final Adoption - 01 -1235 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code to restrict the manner in which leases or management agreements involving park property can be authorized. (Amended on November 28) fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 6 of 8 Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 34. Second Reading - 01 -1260 - An ordinance granting a 7% discount on theater liquor license fees for attending alcohol awareness training by an authorized provider and to extend the separate fee for intoxicating liquor licenses issued to theaters. Laid over to December 19 for third reading /public hearing 35. First Reading - 01 -1290 - An ordinance memorializing City Council action granting the application of John and Helen Regenold (representative - David Engfer) to rezone property from B -3 (single family residential to Rm -2 (multi - family residential) to allow construction of a 26 -unit senior cooperative at the southeast corner of Idaho and Arundel Streets. (Public hearing held November 7) Laid over to December 19 for second reading 36. First Reading - 01 -1291 - An ordinance memorializing City Council action granting the application of Mike Leitner to rezone property from RM -2 (Multiple Family) to B -3 (General Business) to allow expansion of Leitner's Garden Center parking lot at 959 Randolph Avenue (between Milton and Chatsworth Streets). (Public hearing held November 14) Laid over to December 19 for second reading Suspension Items: Councilmember Benanav moved suspension of the rules and approval of the following resolution and requested that Council Research forward the resolution to the Pollution Control Agency by December 14. Resolution - 01 -1292 - Calling on Xcel Energy to reduce air emissions at its Riverside and High Bridge Plants and for the Minnesota Pollution Control Agency to use its authority to foster emissions reduction. Adopted Yeas - 7 Nays - 0 Councilmember Blakey moved suspension of the rules and approval of the following resolution: Resolution - 01 -1293 - Directing the Saint Paul Planning Commission to undertake a study of the City's official controls for group residential uses for unrelated individuals and to report back to the Council any recommendation to amend the City's zoning ordinances which define and regulate group residential uses for unrelated individuals. Adopted Yeas - 7 Nays - 0 Councilmember Reiter moved suspension of the rules to introduce the following resolution: Resolution - 01 -1294 - Approving the appointment of Patrick Ruble, by Mayor Coleman, to the Police Civilian Review Committee. Councilmember Coleman said this is a significant position and he would like to see more information on this individual. He moved a one week layover. Laid over to December 19 Yeas - 7 Nays - 0 Councilmember Reiter moved suspension of the rules and approval of the following resolution: Resolution - 01 -1295 - Approving the appointment of Kent Schneider, by Mayor Coleman, to serve on file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 7 of 8 the Certificate of Competency Warm Air Heating and Ventilation Board of Examiners. Adopted Yeas - 7 Nays - 0 Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 01 -1296 - Authorizing the Police Department to enter into an agreement with Washington County Agricultural Society to use the Washington County Fairgrounds for 2001 -4 Recruit Academy training in mobile field force tactics. Adopted Yeas - 7 Nays - 0 Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 01 -1297 - Authorizing the Police Department to enter into an agreement with Camp Ripley for the use of grounds and facilities for advanced training on December 17 -20, 2001. Adopted Yeas - 7 Nays - 0 Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 01 -1298 - Congratulating Gerry Strathman on winning the Death Valley Borax Marathon. Adopted Yeas - 7 Nays - 0 Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0 ADJOURNED AT 4:20 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson January 16, 2002 Assistant Council Secretary mce fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010 Page 8 of 8 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153831\Approved ... 12/15/2010