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Minutes 10-3-2001Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 3rd, 2001 - 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 • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 -19) 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 COUNCILMEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Richard F. Carlson, Jr. (for Julie Paul), Mavis Fry, Amanda Gunter, Gerhard Keilen, and Jeffrey Kim. Referred to the Risk Management Division 2. Letter from the Office of the City Attorney rescheduling the administrative hearing on all licenses held by Blue's Saloon, Inc., dba Lucy's, 601 Western Avenue North, from September 27, 2001, to October 8, 2001. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 2 of 7 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 the Pawnshop License held by Eighth Financial, dba Lincoln Pawn & Jewelry, 1675 White Bear Avenue North. 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 24, 2001, to consider the report of the Administrative Law Judge concerning the On -Sale Liquor License held by Dinner Club 2000, 1177 Clarence Street. 5. Letter from the Real Estate Office announcing a public hearing before the City Council on October 24, 2001, to consider the petition to vacate the east 100 feet of the alley in the block bounded by Kellogg, Wacouta, Fourth, and Wall (Block 2, Hopkins Addition) for the purpose of constructing a parking facility. 6. Letter from the Real Estate Office announcing a public hearing before the City Council on October 24, 2001, to consider the petition to vacate a portion of the alley in the block bounded by Suburban, McLean, and Frank (Block 3, King's Addition) for the purpose of having additional greenspace. 7. Letter from the Citizen Service Office/Property Code Enforcement declaring 705 Sims Avenue as "nuisance property." (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 8. Administrative Orders: D002071 Amending the spending and financing plans of the Snelling /Grand Traffic Signal and 2000 Signal Installations program. D002072 Transferring spending authority between line items in the Public Works Engineering Fund (Fund 205) for year 2001. D002073 Authorizing payment, not to exceed $300.00, to Byerly's, 1959 Suburban Avenue, for food for the participants in the Crime Free Multi - Housing Program's Phase L Rental Property Owners and Manager Training. Noted as on file in the City Clerk's Office FOR ACTION 9. Approval of minutes of September 5, 2001, and the Closed Door Session of September 26, 2001. Adopted Yeas - 7 Nays - 0 10. Resolution - 01 -1012 - Finalizing City Council action suspending the Auto Repair Garage License held by Felipe Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. (Public hearing held on September 19, 2001) Adopted Yeas - 7 Nays - 0 11. Resolution - 01 -1013 - Requesting the Saint Paul Planning Commission and staff from the Department of Planning and Economic Development and the Office of License, Inspections and Environmental Protection, with citizen participation, to conduct an Irvine Avenue Study for the area requested by the CapitolRiver Council and report recommendations on development policies and zoning back to the City Council within six months. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 3 of 7 Adopted Yeas - 7 Nays - 0 12. Resolution - 01 -1014 - Authorizing the Division of Parks and Recreation to donate surplus plants, which have been located in Town Square Park, to Minnesota Green, a program of the Minnesota State Horticultural Society. Adopted Yeas - 7 Nays - 0 13. Resolution - 01 -1015 - Authorizing the acceptance and expenditure of $2,500 from the Saint Paul Public Housing Agency by the Division of Parks and Recreation to fund leadership training activities at Camp St. Croix on October 13, 2001, for youth at McDonough Recreation Center who reside in public housing facilities, and a budget amendment to account for the funds. Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -1016 - Amending the 2001 Capital Improvement Budget to include funding for Mattocks Park improvements. Adopted Yeas - 7 Nays - 0 15. Resolution - 01 -1017 - Making no recommendation that the Board of Ramsey County Commissioners request the repurchase application for property at 953 Marion Street. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -1018 - Canceling the assessment for an incorrectly assessed parcel at 408 Aurora Avenue for 2001 lead water service connection replacement. Adopted Yeas - 7 Nays - 0 17. Resolution - 01 -1019 - Increasing the 2001 financing and spending plans in the Police Department for the Auto Theft Grants received from the State of Minnesota. Adopted Yeas - 7 Nays - 0 18. Resolution - 01 -1020 - Approving the application for Gas Station, Alarm Permit (new), Cigarette /Tobacco, Malt Off -Sale, Grocery (C), and Laundry /Dry Cleaning Pick Up Station Licenses by Twin Cities Avanti Stores LLC, dba Oasis Markets, 1980 Stillwater Avenue. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -1021 - Approving the application for Liquid Fuel Dealer, Gas Station, Alarm Permit, Cigarette /Tobacco, Malt Off -Sale, and Grocery (C) Licenses by Twin Cities Avanti Stores LLC, dba Oasis Markets, 2525 Seventh Street West. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 20. Report from the Office of License, Inspections and Environmental Protection on their study of the liquor license fees issued to theaters to determine whether the fee set is sufficient to cover the City's licensing and enforcement costs and whether the reduced fee is economically necessary for theaters. (Report requested by the City Council on December 20, 2000, C.F. 00 -1121) Laid over to November 14 Yeas - 7 Nays - 0 21. Resolution - 01 -968 - Adopting a summary of the Macalester - Groveland Plan as part of the City's Comprehensive Plan. (Laid over from September 19) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 4 of 7 Adopted (An amendment was made to the Summary of the Macalester - Groveland Plan) 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 COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 22. Final Adoption - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code altering the hearing requirements for revocation of a provisional taxicab driver's license. (Substitute introduced and laid over from September 26 for final adoption) Adopted Yeas - 7 Nays - 0 23. Final Adoption - 01 -964 - An ordinance memorializing City Council action taken August 15, 2001, granting the application of ALCORN, Inc. to rezone property from B -2 to B -3 to allow for construction of an auto repair station at 1581 Ford Parkway between Snelling and Macalester Avenues. (Public hearing held August 1, 2001) Adopted Yeas - 7 Nays - 0 24. Third Reading - 01 -983 - An ordinance memorializing City Council action granting the application of Richard Harnden to rezone property from B -2 (Community Business) to B -3 (General Business) to allow indoor auto sales at 459 Toronto Street. (Public hearing held August 22, 100 1) Laid over to October 10 for final adoption 25. Second Reading - 01 -1011 - An ordinance amending the interim ordinance in Council File No. 01- 648 which established the Arcade Street Study Area and which imposed a moratorium on the use of property in the study area pending completion of the study and any possible amendments to the City's Comprehensive Plan or zoning ordinances deemed necessary to give effect to the study. Laid over to October 24 for third reading /public hearing PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 26. Third Reading - 01 -982 - An ordinance placing the position titled Library Director in the unclassified service pursuant to Section 12.02.2(H) of the City Charter. Laid over to October 10 for final adoption 27. Public hearing on the proposed use of the 2001 Local Law Enforcement Block Grant. (Per C.F. 01- 957) Public hearing was held and laid over to October 10 Yeas - 7 Nays - 0 28. Resolution - 01 -1022 - Ratifying 2001 Street and Alley Maintenance Service Charge. Adopted Yeas - 7 Nays - 0 29. Resolution - 01 -984 - Concerning adverse action against the Cigarette /Tobacco License held by L & S Automotive, Inc., dba Parkway Amoco, 304 Wheelock Parkway East. (Laid over from September 19) Adopted Yeas - 7 Nays - 0 30. Resolution - 01 -985 - Denying the Renewal Application for a Taxicab Driver's License by Margaret file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 5 of 7 M. Outwater. (Laid over from September 19) Laid over to October 24 Yeas - 7 Nays - 0 31. Resolution - 01 -986 - Denying the license application of D & M Tuscany, Inc., dba Tuscany Grill & Pizzaria, 1051 Hudson Road, for failure to complete restaurant project. (Laid over from September 19) Adopted Yeas - 7 Nays - 0 32. Resolution - 01 -1023 - Establishing No Parking 8AM -8PM, Monday through Friday, Except by Permit, Area 22, on both sides of Princeton Avenue from Finn Street to Cretin Avenue. Adopted Yeas - 7 Nays - 0 33. Resolution - 01 -1024 - Revising No Parking 8AM -8PM, Monday through Friday, Except by Permit, Area 23, to No Parking Except by Permit, Area 23, on the south side of Goodrich Avenue from Cretin Avenue to Woodlawn Avenue. Adopted Yeas - 7 Nays - 0 34. Public hearing approving the petition to vacate the City's interest in surplus property purchased as part of the development of the new Science Museum site. (File 42001 -13) Approved Yeas - 7 Nays - 0 (See Suspension Item C.F. 01 -1040) 35. Resolution - 01 -1025- Ordering the owner to remove or repair the building at 397 Aldine Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends withdrawing the resolution) Withdrawn Yeas - 7 Nays - 0 36. Resolution - 01 -1026 - Ordering the owner to remove or repair the building at 473 Hatch Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 37. Resolution - 01 -189 - Ordering the owner to remove or repair the building at 2257 Hillside Avenue within fifteen (15) days from adoption of resolution. (Laid over from September 26) (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation provided a $2,000 bond is posted by noon on October 3, 2001) Adopted as amended Yeas - 7 Nays - 0 38. Resolution - 01 -1027 - Ordering the owner to remove or repair the building at 715 Preble Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation provided the vacant building fee is paid, a code compliance inspection is conducted, and a $2,000 bond is posted by noon on October 3, 2001) Laid over to November 7 Yeas - 7 Nays - 0 39. Resolution - 01 -1028 - Ordering the owner to remove or repair the building at 850 Sims Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the October 16, 2001, Legislative Hearings and the October 24, 2001, City Council Meeting) Laid over to October 24 Yeas - 7 Nays - 0 40. Appeal of Sharon Anderson to a summary abatement order for property located at 697 Surrey Avenue. (Legislative Hearing Officer recommends denying the appeal) Laid over to the October 16 Legislative Hearings and the October 24 City Council Meeting Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 6 of 7 41. Appeal of Walter Montpetit to a summary abatement order for property located at 1598 Hazel Street North. (Laid over from September 19) (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 7 Nays - 0 42. Resolution Ratifying Assessment - 01 -1029 - In the matter of towing an abandoned vehicle at 376 Maryland Avenue East, (JO I05V) and grass cutting at 664 Edmund Avenue, (JO IO2G1). (Laid over from September 19) (Legislative Hearing Officer recommends reducing the assessment for 376 Maryland Avenue East to $105.00 plus the $45.00 service fee for a total assessment of $150.00. 664 Edmund Avenue will be heard at the October 2 Legislative Hearings) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 43. Final Order - 01 -1030 - In the matter of the operation costs of the Above Standard Street Lighting Systems for 2002 in Wards 1, 2, 3, 4 and 7. Adopted Yeas - 7 Nays - 0 44. Amended Final Order - 01 -1031 - In the matter of the operation costs of the above standard street lighting system for Kellogg Boulevard, West Seventh Street, and West Fifth Street from October 1, 2000, to September 30, 2001. (File 4189060PA) Adopted Yeas - 7 Nays - 0 45. Amended Resolution Ratifying Assessment - 01 -1032 - In the matter of the assessment of benefits, cost and expenses for the operation of the above standard street lighting system for Kellogg Boulevard, West Seventh Street, and West Fifth Street from October 1, 2000, to September 30, 2001. (File 4189060PA) Adopted Yeas - 7 Nays - 0 46. Resolution Ratifying Assessment - 01 -1033 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction at 1860 Chelton Avenue (work already completed). (Laid over from September 19) (OOWALKS2A) Adopted Yeas - 7 Nays - 0 47. Resolution Ratifying Assessment - 01 -1034 - In the matter of the assessment of benefits, cost and expenses for operation of the twenty -four Above Standard Street Lighting Systems for the months of January through December, 2001. Adopted Yeas - 7 Nays - 0 48. Resolution Ratifying Assessment - 01 -1035 - In the matter of the assessment of benefits, costs and expenses for the Knapp/Hillside Area Paving and Lighting Project. (File 418930) Adopted Yeas - 7 Nays - 0 49. Resolution Ratifying Assessment - 01 -1036 - In the matter of the assessment of benefits, cost and expenses for installation of various streets in Ward 7 with bituminous roadway, construction of concrete curb and gutter, driveway aprons and outwalks, boulevard sodding, tree planting, lantern style lighting system, and all other work necessary to complete said improvement in conjunction with the Fifth/Kennard RSVP Paving and Lighting Project. (File 418935) Adopted Yeas - 7 Nays - 0 50. Public hearing to consider the appeal of Cermak Rhoades Architects for the Great Northern Lofts development team to a decision of the Heritage Preservation Commission denying a demolition permit to raze the Wells Fargo Building and adjacent storage building at 267 -271 E. Kellogg Boulevard. Laid over to October 24 Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163748\Minutes 10... 12/15/2010 Page 7 of 7 Susbension Items: Resolution - 01 -1037 - Declaring October 3, 2001, to be Elise and Jack Lonnee Day in the City of Saint Paul in recognition of their retirement and years of dedication owning and operating the Four Inns Restaurant in downtown St. Paul. Adopted Yeas - 7 Nays - 0 Resolution - 01 -1038 - Amending Council File 01 -901, adopted August 22, 2001, by allowing the property owner of 633 Randolph Avenue 180 days after the date of the August 22 hearing to complete rehabilitation or demolition. Adopted Yeas - 7 Nays - 0 Resolution - 01 -1039 - Proclaiming October, 2001 to be Let's Talk Month in the City of Saint Paul which is a statewide initiative that underscores the importance of a strong partnership between the community and the family in helping young people foster responsible and positive attitudes toward their sexuality. Adopted Yeas - 7 Nays - 0 Resolution - 01 -1040 - Approving the petition to vacate the City's interest in surplus property purchased as part of the development of the new Science Museum site. Adopted Yeas - 7 Nays - 0 Weh.cite For an updated copy of our City Council Meeting agendas or minutes, please visit our website at www. ci. stpaul. inn. 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. in., S: 30 p. in.; Tuesdays at 8:00 a.m., S: 30 p. in.; 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_163748\Minutes 10... 12/15/2010