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Minutes 10-17-2001Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 17, 2001 - 3:30 - 5:00 p.m. POLICY SESSION 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 • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Policy Session Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after the consent agenda) CONSENT AGENDA (Items 1 - 24) 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. COMMUNICATIONS AND ADMINISTRATIVE ORDERS Gerry Strathman, Secretary to the City Council, read the following communication into the record: Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on October 24, 2001, to consider the application for a sound level variance by the Saint Paul Firefighters Union Local 21 allowing amplified live music during their benefit to raise funds fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010 Page 2 of 6 for the families of the New York Police Officers and Firefighters lost at the World Trade Center at 176 Snelling Avenue, North on November 11, 2001, from 6:00 p.m. to midnight. 1. Claims of Daniel White Eagle, Lisa Howe /Kemper Insurance (for Mary Cook), John Williams /Theresa Bagan, and Shio Ching Yeh Zhen. Referred to the Risk Management Division 2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 24, 2001, to consider adverse action against the Cigarette /Tobacco License held by Walter and Gloria Herbst, dba Herbst Food Market, 779 Raymond Avenue. 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 24, 2001, to consider adverse action against all licenses held by Shaul Enterprises, Inc., dba Herge's Bar, 981 West University Avenue. 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 24, 2001, to consider adverse action against licenses held by James McMurray, dba Jimmy Mac's, 756 Jackson Street. 5. Letter from the Office of the City Attorney rescheduling a hearing before an Administrative Law Judge from October 8, 2001, to November 29, 2001, at 9:30 a.m. in Room 41, Saint Paul City Hall, regarding all licenses held by Blue's Saloon, Inc., dba Lucy's, 601 Western Avenue. 6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on October 23, 2001, at 9:30 a.m. in Room 41, Saint Paul City Hall, concerning the Taxicab Driver's License application by George Blanchard. 7. Letter from the Real Estate Division announcing a public hearing before the City Council on November 7, 2001, to consider the petition of the City of Saint Paul to vacate and discontinue as public right -of -way, and release the easements in part of Hoyt Street between Flandrau and Kennard Streets and the alley in Block 3, Fred S. Herring's Plat 2. 8. Administrative Orders: D002076 Approving the transfer of the Police Department's 2001 spending budget line items for the E- 911 revenue received from the State of Minnesota. D002077 Amending the 2001 budget of the City Sales Tax Capital Projects Fund reflecting the Neighborhood Investment Initiative grants. Noted as on file in the City Clerk's Office FOR ACTION 9. Approval of minutes of September 19, 2001. Adopted Yeas - 6 Nays - 0 10. Resolution - 01 -1041 - Approving the Memorandum of Agreement and Understanding between the City of Saint Paul and the Saint Paul Supervisors Organization regarding the exchange of certain recognized holidays for association members employed by the St. Paul Library System and allowing association members to sell back accrued and unused vacation. (Laid over from October 10) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010 Page 3 of 6 11. Resolution - 01 -1078 - Establishing an ad hoc committee to study the feasibility of memorializing the Tiger Jack Rosenbloom retail site by preserving the existing structures now present on the site at St. Anthony Avenue and Dale Street. Adopted Yeas - 6 Nays - 0 12. Resolution - 01 -1079 - Authorizing the proper City officials to request reimbursement from MnDOT for costs of the "Right of Way Acquisition and Channelization of Maryland Avenue from Weide Street to Mendota Street" project. Adopted Yeas - 6 Nays - 0 13. Resolution - 01 -1080 - Authorizing the proper City officials to request reimbursement from MnDOT for cost participation in the following projects: Trunk Highway 61 (Arcade Street) from Wheelock Parkway to Larpenteur Avenue, Trunk Highway 5 (West Seventh Street) at Albion Street, Trunk Highway 51 (Montreal Avenue) from TH5 (West Seventh Street) to Snelling Avenue, and Trunk Highway 280 at Kasota/Energy Park Drive. Adopted as amended Yeas - 6 Nays - 0 14. Resolution - 01 -1081 - Memorializing City Council action taken August 22, 2001, denying the appeal of Paul Stephanyshun to a decision of the Board of Zoning Appeals denying a variance to construct a detached garage at 313 Harrison Avenue. Adopted Yeas - 6 Nays - 0 15. Resolution - 01 -1082 - Setting the Recycling Service Fee in 2002 to be the same as in 2001. Adopted Yeas - 6 Nays - 0 16. Resolution - 01 -1083 - Authorizing the Police Department to accept grants and enter into agreements with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, for conducting underage compliance checks at licensed liquor establishments for the period July 1, 2001, through May 31, 2002. Adopted Yeas - 6 Nays - 0 17. Resolution - 01 -1084 - Authorizing the Police Department to enter into a lease agreement with Capitol City Property Management, Inc. for the Downtown Patrol Unit office space at 401 Robert Street. Adopted Yeas - 6 Nays - 0 18. Resolution - 01 -1085 - Authorizing the Police Department to enter into an agreement with the Wilder Foundation for project coordination of Police Department issues at the Thomas /Dale Weed and Seed site. Adopted Yeas - 6 Nays - 0 19. Resolution - 01 -1086 - Changing the name of license holder (On -Sale Liquor and Sunday On -Sale Liquor Licenses) from Buca (Gannon Road), Inc., dba Buca to Buca Restaurants 2, Inc., dba Buca di Beppo. Adopted Yeas - 6 Nays - 0 20. Resolution - 01 -1087 - Approving the petition of Health East Care System to release utility easements in the vacated alley in Krauch's Rearrangement (block bounded by Frank, Burns, Earl, and Thorn) for development of the area for multi - family housing. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 01 -1088 - In the matter of acquiring property rights necessary to purchase vacant file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010 Page 4 of 6 land owned by the Burlington Northern Santa Fe Railroad (BNSF) located in the Lower Phalen Creek area, and setting date of public hearing for November 7, 2001. (File 4AE2001 -06) Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 01 -1089 - In the matter of improving streets with bituminous roadway, construction of 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 for the Hoyt- Merrill RSVP Paving and Lighting Project, and setting date of public hearing for November 28, 2001. (File 418956) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 01 -1090 - In the matter of construction of water, sanitary sewer, storm sewer service connections and sidewalk reconstruction, if requested by the property owner, in conjunction with the Hoyt- Merrill RSVP Paving and Lighting Project, and setting date of public hearing for November 28, 2001. (File 418956C) Adopted Yeas - 6 Nays - 0 24. Resolution Approving Assessment - 01 -1091- In the matter of condemning and taking property rights necessary to complete construction of a pedestrian/bike trail in the area southwesterly of Lexington Parkway and Jessamine Avenue, and setting date of public hearing for November 7, 2001. (File 418952E, aka AE2001 -07) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 25. Resolution - 01 -1044 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 969 Ashland Avenue and 882 Seventh Street West. (Laid over from October 10) Laid over to November 7 for public hearing Yeas - 6 Nays - 1 (Blakey) 26. Clarification of the budget figures to be provided by the Departments of Financial Services and Police regarding Council File 01 -1076 (amending the Police Department's 2001 budget to provide funding for 30 police officer recruits in the winter academy) adopted by the City Council on October 10, 2001. (Requested by City Council on October 10) Written information provided to Councilmembers. ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER 27. Second Reading - 01 -1075- An ordinance finalizing City Council action approving the application Lisa Kamp to rezone property from R -4 (single - family residential) to B -1 (local business) to allow for combining with an adjacent B -1 zoned parcel in order to construct an accessory garage for the residence at 395 West Cook Avenue. (Public hearing held September 19) Laid over to October 24 for third reading file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010 Page 5 of 6 28. First Reading - 01 -1092 - An ordinance memorializing City Council action approving the application of Parkway Place Housing, LLC to rezone property from R -4 and B -1 to RM -2 to develop and operate an apartment project containing up to 114 units for senior residents (more than 55 years of age) and related activities at the north side of Hudson Road between Johnson Parkway and Frank Street. (Public hearing held September 19) Laid over to October 24 for second reading POLICY SESSION 29. Update to the Council: Cleveland Circle /Smith Avenue Transit Hub Downtown Traffic Transit and Parking Task Force L Status of the Smith Avenue Transit Hub project and other works in progress Brian Sweeney, Director, PED IL Cleveland Circle Design Process and Guidelines Martin Schieckel, PED III. Downtown Parking and Transit Task Force Report and Recommendations Richard Zehring, Chair of the Downtown Parking and Transit Task Force IV. Stakeholders A. Metro Transit Derek Crider and staff B. Transportation Management Organization Chuck Armstrong C. Saint Paul Planning Commission Gladys Morton D. CapitolRiver Council Mary Nelson E. Building Owners and Managers Association Bill Buth F. Saint Paul Design Center Tim Griffin V. Questions and Answers with the City Council No Suspension Items Website For an updated copy of our City Council Meeting agendas or minutes, please visit our website at fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010 Page 6 of 6 www. ci. stpaul. mn. us /council. Cable The City Council Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council Agendas are cablecasted during the following times: Saturdays at 8:00 a.m., Sundays at 6:30 p.m., Mondays at 8:00 a.m. 1: 30 p. m., S: 30 p. m.; Tuesdays at 8:00 a.m., S: 30 p. m.; and Wednesdays at 8:00 a.m., 1:30 p.m. (Housing and Redevelopment Authority), 3: 00 p.m. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163522\Minutes 10... 12/15/2010