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Minutes 11-7-2001Page 1 of 12 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 7th, 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 • Reconsidered Item Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 49) 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 Nancy Anderson, Assistant Secretary to the City Council, read the following communication into the record: Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on November 14, 2001, at 3:30 p.m, to consider the application of Mike Leitner to rezone property from RM -2 (Multiple Family) to B -3 (General Business) to allow expansion of Leitner's fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 2 of 12 Garden Center parking lot at 959 Randolph Avenue (between Milton and Chatsworth Streets). 1. Claims of Basilia Del Castillo, Dairyland Insurance (by Patti Stanislawski), Andrea Kibort, Hugh Markley (conservatorship of Cyann Lee), James Masterson, Rose Urman, William Vezina, and Daniel Zaspel. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Steven A. Iverson vs. the City of St. Paul, et al. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Katharine Lauren Lovich vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Mississippi River Revival, et al. vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Summons and Complaint in the matter of Jer Thao vs. the City of St. Paul, et al. Referred to the City Attorney's Office 6. Application for Temporary Restraining Order, Summons, Complaint, and Jurisdictional Memorandum in the matter of Midfirst Bank vs. the City of St. Paul (245 Front Street). Referred to the City Attorney's Office 7. Realtor's Request for Transcript and Certificate as to Transcript in the matter of DeLite Outdoor Advertising, Inc. vs. the City of St. Paul. Referred to the City Attorney's Office 8. Letters from the Citizen Service Office /Property Code Enforcement declaring 920 Jackson Street, 2114 Margaret Street, and 1148 Minnehaha Avenue East as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Letters from the Citizen Service Office /Property Code Enforcement declaring 531 Ohio Street, 1619 Seventh Street East, and 705 Sims Avenue as nuisance properties and setting date of Legislative Hearings for November 6, 2001, and City Council Hearings for November 28, 2001. 10. Letters from the Citizen Service Office/Property Code Enforcement declaring 178 Acker Street East, 292 Burgess Street, and 294 Burgess Street as nuisance properties and setting date of Legislative Hearings for November 20, 2001, and City Council Hearings for December 5, 2001 11. Administrative Order: D002079 Approving additional expenditure and grant spending authority up to $59,000 for Marketing activities. Noted as on file in the City Clerk's Office FOR ACTION 12. Approval of minutes of October 3 and 10, 2001, and Closed Door Session of October 24, 2001. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 3 of 12 13. Resolution - 01- 1093 - Approving the May 1, 2001, through April 30, 2004, Maintenance Labor Agreement between the City of St. Paul and the International Union of Painters and Allied Trades District Council 82. (Laid over from October 24 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -1094 - Approving the Memorandums of Agreement between Independent School District No. 625 and Sheet Metal Workers International Association Local 10, United Association of Plumbers Local Union No. 34, United Association of Steamfitters- Pipefitters Local Union No. 455, and United Union of Roofers, Waterproofers and Allied Workers Local Union No. 96. (Laid over from October 24 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 01 -1154 - Approving the Employment Agreements between Independent School District No. 625 and Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, International Union of Painters and Allied Trades District Council 82, Lakes and Plains Regional Council of Carpenters and Joiners, Minnesota Cement Masons, Plasterers and Shophands Local 633 and Operative Plasterers Local Union No. 265 to establish terms and conditions of employment for 2001 -2004. (To be laid over for one week for adoption) Laid over to November 14 for adoption 16. Resolution - 01 -1155 - Approving the Memorandum of Understandings between the City of Saint Paul and AFSCME Clerical 42508; AFSCME 43757 - Legal; AFSCME Technical 41842; Classified Confidential Employees Association; Electrical Workers Local 4110; Machinists District Lodge No. 77; Operating Engineers Local 70; Professional Employees Association; St. Paul Police Federation; Saint Paul Supervisors Organization; and Tri- Council Operating Engineers Local 449 to participate in the Metropolitan Council's "Metro Pass" Program. (To be laid over one week for adoption) Laid over to November 14 for adoption 17. Resolution - 01 -1156 - Approving the Memorandum of Agreement between the City of Saint Paul and the Professional Employees Association (PEA) and Saint Paul Supervisors Organization (SPSO). Laid over to November 14 for adoption 18. Resolution - 01 -1157 - Approving the First Special Session Laws 2001 - Chapter 10, Article 10, Sections 2 and 6 allowing certain Building Trades employees to opt out of PERA. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -1158 - Establishing the rate of pay for the class titled City Engineer. Adopted Yeas - 7 Nays - 0 20. Resolution - 01 -1159 - Changing the rate of pay for the Valuation and Assessment Engineer class. Adopted Yeas - 7 Nays - 0 21. Resolution - 01 -1160 - Establishing the rate of pay for the class titled Assistant Labor Relations Director. Adopted Yeas - 7 Nays - 0 22. Resolution - 01 -1161 - Establishing the rate of pay for the new classification of Safety Equipment Design Maintenance Worker in Grade 07U of the Equipment Maintenance, Bargaining Unit 05, Salary Schedule. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 4 of 12 22a. Resolution - 01 -1208 - Accepting $2,500 for travel expenses from the Saint Paul Nagasaki Sister City Committee for Mayor Coleman to participate in a five -day meeting in Japan from November 11 -16, 2001. Adopted Yeas - 7 Nays - 0 23. Resolution - 01 -1162 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue, 912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue. Adopted Yeas - 7 Nays - 0 24. Resolution - 01 -1163 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1888 Dorothea Avenue. Adopted Yeas - 7 Nays - 0 The City Council requested the City Attorney's Office to provide a written report regarding State and Federal laws relative to the sizes, etc. of election signs. 25. Resolution - 01 -1164 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1976 Hilding Avenue. Adopted Yeas - 7 Nays - 0 26. Resolution - 01 -1165 - Memorializing City Council action taken July 25, 2001, denying the appeal of Michael Pfalz to a decision of the Board of Zoning Appeals granting a front yard setback variance in order to construct a single family home at 1236 Virginia Street. Adopted Yeas - 7 Nays - 0 27. Resolution - 01 -1166 - Approving the Planning Commission recommendation to grant an Interim Special Condition Use Permit for offices to support services associated with El Rio Vista/Neighborhood House Community Center at 193 East Robie Street. Adopted Yeas - 7 Nays - 0 28. Resolution - 01 -1167 - Memorializing the capital bonding projects submitted for consideration in the Governor's 2002 Budget. Substitute introduced and adopted Yeas - 7 Nays - 0 29. Resolution - 01 -1168 - Authorizing an offset of certain capital obligations equal to $630,000 in 1997 dollars ($688,306) of the cable franchise for 2001 pursuant to Article III, Section 304(a) of the cable television franchise (C.F. 98 -234) Adopted Yeas - 7 Nays - 0 30. Resolution - 01 -1169 - Amending the 2001 cable budget and approving payment of pass - through capital equipment grant of $55,605 from AT &T Broadband to Saint Paul Neighborhood Network (SPNN). Adopted Yeas - 7 Nays - 0 31. Resolution - 01 -1170 - Amending the budgets of a number of Community Development Block Grant (CDBG) funded activities. Adopted Yeas - 7 Nays - 0 32. Resolution - 01 -1171 - Authorizing City officials to expend $1,108,499 of General Fund Fund Balance with the expectation that the Federal Emergency Management Agency (FEMA) will reimburse file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 5 of 12 the City for expenses related to preparing and recovering from the flooding of the Mississippi River in the spring of 2001. Adopted Yeas - 7 Nays - 0 33. Resolution - 01 -1172 - Allowing the Division of Parks and Recreation to enter into negotiations with Environment Wood Supply to operate and manage the City's Wood Recycling Center. Adopted as amended Yeas - 7 Nays - 0 34. Resolution - 01 -1173 - Approving a budget amendment to the City Council Fringe Benefit Account for part of the cost of a pension increase for former City Councilmember Leonard Levine mandated by legislation passed by the State of Minnesota. Laid over to November 14 Yeas - 7 Nays - 0 35. Resolution - 01 -1174 - Authorizing application to the Met Council for a Tax Base Revitalization Grant for the remediation of the West Side Flats. Adopted Yeas - 7 Nays - 0 36. Resolution - 01 -1175 - Authorizing application to the Department of Trade and Economic Development for Contamination Cleanup Grant for the remediation of the West Side Flats. Adopted Yeas - 7 Nays - 0 37. Resolution - 01 -1176 - Adopting the amended Storm Water Permit Annual Report and Management Program as required by the City's federally mandated storm water discharge permit. Adopted Yeas - 7 Nays - 0 38. Resolution - 01 -1177 - Authorizing City officials to enter into an agreement with Minnesota Wire allowing them use of the Midway Stadium parking lot for employee parking. Adopted Yeas - 7 Nays - 0 39. Resolution - 01 -1178 - Accepting a Juvenile Accountability Incentive Block Grant from the Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to implement the agreement. Adopted Yeas - 7 Nays - 0 40. Resolution - 01 -1179 - Concerning adverse action against the Cigarette /Tobacco license held by Bram Corporation, dba Arcade Bar, 932 Arcade Street. Adopted Yeas - 7 Nays - 0 41. Resolution - 01 -1180 - Concerning adverse action against the Cigarette /Tobacco license held by Kath Fuel Oil Service Company, dba Glass Plus, 525 Lafayette Road. Adopted Yeas - 7 Nays - 0 42. Resolution - 01 -1181 - Concerning adverse action against the license held by Beck Enterprises, Inc., dba River Junction Tree Service. Withdrawn Yeas - 7 Nays - 0 43. Resolution - 01 -1182 - Denying the application by Tom's I, Inc., dba Super USA, for an Off -Sale Malt license. Adopted Yeas - 7 Nays - 0 44. Resolution - 01 -1183 - Concerning adverse action against the Day Care Food license held by Amherst file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 6 of 12 H. Wilder Foundation, 911 Lafond Avenue. Withdrawn Yeas - 7 Nays - 0 45. Resolution - 01 -1184 - Approving the release of a slope easement at 1183 Wilson Avenue. Adopted Yeas - 7 Nays - 0 46. Resolution - 01 -1185 - Accepting an agreement between the City and Waste Management of Minnesota, Inc. to acquire a permanent sewer easement. Adopted Yeas - 7 Nays - 0 47. Preliminary Order - 01 -1186 - In the matter of improving an alley in Block 4, Lockey's Addition, and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan, Atwater, and Stellar Streets) by grading and paving with bituminous material, and setting date of public hearing for November 28, 2001. (File 418945) Adopted Yeas - 7 Nays - 0 48. Preliminary Order - 01 -1187 - In the matter of opening and extending the alley in Block 4, Lockey's Addition, and adjacent Block 1, Lyton's Addition by condemning and taking a permanent easement for alley purposes near Stellar Street and Lyton Place, and setting date of public hearing for November 28, 2001. (File 418945E) Adopted Yeas - 7 Nays - 0 49. Preliminary Order - 01 -1188 - In the matter of condemning and taking easements in the land necessary for slopes, cuts and fills, in the grading and paving of an alley in Block 4, Lockey's Addition and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street), and setting date of public hearing for November 28, 2001. (File 418945S) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 50. Resolution - 01 -1150 - Approving an amendment to the Police Department's 2001 budget in order to repair and upgrade their Records Management System and to obtain 115 mobile laptop computers. (Laid over from October 24) Substitute introduced and adopted Yeas - 7 Nays - 0 51. Resolution - 01 -1073 - Moving funds out of contingency to execute a contract with Stellent, Inc. for e- Government Initiative. (Laid over from October 24) Laid over to December 26 Yeas - 6 Nays - 1 (Coleman) 52. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within fifteen (15) days from adoption of resolution. (Laid over from September 5) (Legislative Hearing Officer recommends approval) Laid over to December 5 Yeas - 6 Nays - 0 (Harris not present for vote) 53. Resolution - 01 -1028 - Ordering the owner to remove or repair the building at 850 Sims Avenue within fifteen (15) days from adoption of resolution. (Laid over from October 24) (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 7 of 12 54. Resolution - 01 -1116 - Revoking the licenses held by James McMurrary, dba Jimmy Mac's, including Liquor On -Sale and Sunday On -Sale Liquor, 756 Jackson Street. (Lapse in liquor liability insurance) (Public hearing held and laid over from October 24) Laid over to November 21 Yeas - 7 Nays - 0 55. Determine whether adverse action should be taken against licenses held by James McMurray, dba Jimmy Mac's, 756 Jackson Street based on two or more reports within a twelve- month period of the unlawful use or handling of firearms, assault weapons or knives on the licensed premises. (Public hearing held and laid over from October 24) Laid over to November 21 Yeas - 7 Nays - 0 56. Resolution - 01 -985 - Denying the Renewal Application for a provisional Taxicab Driver's License by Margaret M. Outwater. (Public hearing held and laid over from October 24) Laid over to November 21 Yeas - 7 Nays - 0 56a. Resolution - 01 -1193 - Adopting the 2001 Large Neighborhood STAR Loan and Grant Program. Adopted Yeas - 7 Nays - 0 57. Update from the Department of Planning and Economic Development on the current status of the Arcade Street Study Area. (Update requested by the City Council on October 24) An update was provided by Rich Malloy, Department of Planning and Economic Development. 58. Report from the Administration and the Police Department regarding their practice of having FORCE and other police officers performing Code Enforcement responsibilities. (Report requested by the City Council on October 24) A report was presented by Susan Kimberly, Deputy Mayor, and Chief William Finney, Police Department. 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. 59. Final Reading - 01 -348 - An ordinance amending Saint Paul Legislative Code Chapter 376 to eliminate the controls on the number of taxicab vehicle licenses and establishing additional requirements for new vehicle taxicab licenses. (Laid over from August 1) Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 60. Final Adoption - 01 -400 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code reclassifying taxicab vehicle as a Class R license instead of a Class N license. (Laid over from August 1) Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 61. Final Adoption - 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. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 62. Final Adoption - 01 -1075- An ordinance finalizing City Council action approving the application Lisa fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 8 of 12 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) Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 63. Third 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 November 14 for final adoption 64. Second Reading - 01 -1111 - An ordinance regulating the use of lawn fertilizers containing phosphorus. Laid over to November 28 for third reading /public hearing 65. Second Reading - 01 -1112 - An ordinance amending Saint Paul Legislative Code Chapter 377 to prohibit the use of fertilizers containing phosphorus. Laid over to November 28 for third reading /public hearing 66. First Reading - 01 -1189 - An ordinance approving changes and amendments to Chapter 189, Truth - in -Sale of Housing. Laid over to November 14 for second reading 67. First Reading - 01 -1190 - An ordinance placing the position titled City Engineer in the unclassified service pursuant to Section 12.03.2(H) of the Saint Paul City Charter. Laid over to November 14 for second reading 68. First Reading - 01 -1191 - An ordinance amending Chapter 21 of the Administrative Code entitled Officer's Qualification by establishing minimum qualifications for the unclassified position of City Engineer. Laid over to November 14 for second reading 69. First Reading - 01 -1192 - An ordinance amending Chapters 87, 91, and 92 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as recommended by the Board of Water Commissioners of the City of Saint Paul. Laid over to November 14 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 70. Public Hearing on the 2002 City and Housing and Redevelopment Authority Budgets, City Service Levels and the Housing and Redevelopment Authority Tax Increment Plans. Public hearing was held. 71. Resolution - 01 -1194 - Setting 2002 Sanitary Sewer Rates and 2002 Storm Sewer System Charges. Adopted Yeas - 7 Nays - 0 72. Resolution - 01 -1195 - Approving the 2002 Schedule of Water Rates. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 9 of 12 73. Resolution - 01 -1196 - Approving Street and Alley Maintenance Service for 2002 at basically the same level as 2001 proposed. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 74. Resolution - 01 -1197 - Adopting the five recommended 2001 Large Neighborhood STAR Projects, which fall under the Business Subsidy Legislation. Adopted Yeas - 7 Nays - 0 75. 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 17) Adopted Yeas - 5 Nays - 1 (Bostrom) (Reiter not present for vote) The City Council requested the Department of Public Works and the City Attorney's Office to work together to establish a policy regarding placement of objects on boulevards in conjunction with boulevard plantings. 76. Resolution - 01 -1198 - Ordering the owner to remove or repair the building at 299 Arlington Avenue East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends withdrawing the resolution) Withdrawn Yeas - 7 Nays - 0 77. Resolution - 01 -1199 - Ordering the owner to remove or repair the building at 667 Magnolia Avenue East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Reiter not present for vote) 78. Resolution - 01 -1200 - Ordering the owner to remove or repair the building at 531 Ohio Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the November 6, 2001, Legislative Hearing and to the November 28, 2001, City Council Meeting) Laid over to November 28 Yeas - 6 Nays - 0 (Reiter not present for vote) 79. Resolution - 01 -1027 - Ordering the owner to remove or repair the building at 715 Preble Street within five (5) days from adoption of resolution. (Laid over from October 3) (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). Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 80. Appeal of Marlene Campbell to a summary abatement order for property located at 2043 Manitou Avenue. (Legislative Hearing Officer recommends denying the appeal but amending the compliance date to October 15, 2001.) Appeal Denied Yeas - 7 Nays - 0 81. Resolution - 01 -1139 - Establishing No Parking from 8:00 AM - 8:00 PM on Monday through Friday, Except by Permit, Area 23, on both sides of Princeton Avenue between Cretin Avenue and Mount Curve Blvd. (Laid over from October 24) Adopted Yeas - 7 Nays - 0 82. Resolution - 01 -1201 - Establishing No Parking Monday through Friday, Except by Permit, Area 15, on the east side of Mississippi River Blvd. from Dayton Avenue to 1,000 feet south. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 10 of 12 Adopted Yeas - 7 Nays - 0 83. Resolution - 01 -1202 - Approving the petition of the City of Saint Paul to vacate part of Hoyt Avenue between Flandrau and Kennard Streets and the alley in Block 3, Fred F. Herring's Plat 2 (block bounded by Hoyt, Flandrau, Montana and Kennard Streets) to create a dry pond. Adopted Yeas - 7 Nays - 0 84. Resolution - 01 -1203 - Approving the petition of Frisch Properties to vacate parts of Frank Street, Wilson Avenue and the alleys in Blocks 5 and 6, H.F. Schwabe's Addition, to accommodate development of an apartment community for independent senior residents. Adopted Yeas - 7 Nays - 0 85. Final Order - 01 -1204 - In the matter of improving the alley in Mary McManuss Rearrangement of Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page) by grading and paving with a bituminous material. (File 418951) Withdrawn Yeas - 7 Nays - 0 86. Final Order - 01 -1205 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts, and fills in the grading and paving of Mary McManuss Rearrangement of Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page). (File 418951 S) Withdrawn Yeas - 7 Nays - 0 87. Final Order In Condemnation - 01 -1206 - In the matter of acquiring property rights necessary to purchase vacant land owned by the Burlington Northern Santa Fe Railroad (BNSF) located in the Lower Phalen Creek area. (File 4AE2001 -06) Adopted Yeas - 7 Nays - 0 88. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 01- 1207- 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. (File 418952E, aka AE2001 -07) Laid over to December 5 Yeas - 7 Nays - 0 89. Public hearing to consider the application of Thomas Dvorak to rezone property from R -3 to RT -1 at 1348 Birmingham Street to construct a duplex. Motion of Intent - Application denied for rezoning and adopted the findings and conclusions of the Planning Commission as contained in their Resolution 01 -79 dated October 5, 2001. Yeas - 7 Nays - 0 90. Public hearing to consider the application of John and Helen Regenold (represen - tative - 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 corder of Idaho ad Arundel Streets. Motion of Intent - Application granted for rezoning and adopted the findings and conclusions of the Planning Commission as contained in their Resolution 01 -89 dated October 19, 2001. Yeas - 7 Nays - 0 Suspension Items Resolution - 01 -1209 - Approving the canvass and declaring the official results of the City General Election held on Tuesday, November 6, 2001. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010 Page 11 of 12 Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav) Resolution - 01 -1210 - Memorializing City Council action taken on October 24, 2001, by suspending licenses for a period of eighteen days held by Dinner Club 2000, Inc., dba Dinner Club 2000, 1177 Clarence Street. Adopted Yeas - 7 Nays - 0 Resolution - 01 -1211 - Denying the Malt On -Sale and Wine On -Sale license applications for Juan Rada, dba La Hacienda Restaurante, 2467 West 7th Street, for failure to submit the documentation required for licensure. Adopted Yeas - 7 Nays - 0 The City Council requested the City Attorney's Office to provide a written report regarding an e- mail sent by the Office of Human Resources, stating that City employees needed to use personal time to vote because it was a local election only. Reconsidered Item - Adonted on October 24, 2001 Resolution - 01 -1151 - Requesting the Administration, Police Department and Code Enforcement to work in cooperation with the City Council to develop clear policies and procedures to use limited Code Enforcement and Police resources in the most efficient manner and also requesting the Administration and the Police Department to cease the practice of having FORCE and other police officers performing Code Enforcement responsibilities. Reconsidered (adopted on October 24) and withdrawn Yeas - 7 Nays - 0 Council Meeting Information Website 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_164453\Minutes 11... 12/15/2010 Page 12 of 12 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164453\Minutes 11... 12/15/2010