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Minutes 12-26-2001Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 26, 2001 - 3:30 - 5:00 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 • Suspension Items Present - 5 - Benanav, Blakey, Bostrom, Lantry, Reiter Absent - 2 - Coleman (arrived later in meeting), Harris (arrived after roll call) CONSENT AGENDA (Items 1 -21) 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 1. Claims of James Denno, Hoglund, Chwialkowski & Greeman, Attorneys at Law (for Kou Thao), Scott Keith, Peter Magnuson, Milavetz, Gallop & Milavetz, P.A. (for Farah Ahmed Heik), Stephen Netstead, and Todd Starich. Referred to the Risk Management Division 2. Notice of Filing of Award in the matter of the Port Authority of the City of Saint Paul v. Tri Leasing & Construction, Inc., et al. Referred to City Attorney's Office 3. Letter from the Real Estate Division announcing a public hearing before the City Council on January fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164939\Minutes 12... 12/15/2010 Page 2 of 6 23, 2002, to consider the petition of Tom Huonder to vacate part of Ruth Street north of Magnolia Street to permit erection of a fence in order to prohibit illegal dumping. 4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on January 23, 2002, at 9:30 a.m., Room 220, Conference Room B, St. Paul City Hall, to consider the Wrecker /Towing License held by A -1 Able Towing, 14 E. Acker Street. 5. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 1118 Central Avenue West and 1022 Stinson Street as nuisance properties. (For notification purposes only; public hearings will be held at a later date if necessary.) 6. Administrative Orders: D002093 Budget revision in the Division of Parks and Recreation to provide Capital Maintenance Program contingency funding for ventilation improvements to the Forestry Garage to address health and safety issues. D002094 Amending the 2001 budget in the Financial Services Office for the PC Replacement Program. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of November 21, 2001. Adopted Yeas - 6 Nays - 0 8. Resolution - 01 -1323 - Approving the reappointments of Marjorie Ebensteiner, John Loban, John Barry Margot, and Michelle Ketcham, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment (STAR) Board. Laid over to January 2 Yeas - 6 Nays - 0 9. Resolution - 01 -1324 - Approving the reappointments of Richard Newmark and Kurt Schroeder, by Mayor Coleman, to the Bicycle Advisory Board. Laid over to January 2 Yeas - 6 Nays - 0 10. Resolution - 01 -1325 - Approving the appointment of Thomas Moran and the reappointments of William J. Cosgriff, Bill Daly and Steve Zaccard, by Mayor Coleman, to the Business Review Council. Laid over to January 2 Yeas - 6 Nays - 0 11. Resolution - 01 -1326 - Approving the appointments of Sean Brown and Mark Evangelist and the reappointments of Gerald Beedle, Diane O'Donnell and Clayton Larson, by Mayor Coleman, to the Truth In Sale of Housing Board of Evaluators. Laid over to January 2 Yeas - 6 Nays - 0 12. Resolution - 01 -1327 - Increasing the 2001 financing and spending plan for the Police Department Vehicle Impounding Lot. Adopted Yeas - 6 Nays - 0 13. Resolution - 01 -1328 - Amending Council File 496 -316 regarding vacating air rights above Cedar Street for the Raddison Ballroom. Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164939\Minutes 12... 12/15/2010 Page 3 of 6 14. Resolution - 01 -1329 - Approving a professional services agreement with Environmental Systematics of Minnesota (consultant) to recalibrate and reset the existing HVAC systems at Fire Station 414. Adopted Yeas - 6 Nays - 0 15. Resolution - 01 -1330 - Amending the spending and financing plans of the 1999, 2000, and 2001 Sidewalk Reconstruction project in the Department of Public Works by increasing assessments and moving PIA funding forward to 2001. Adopted Yeas - 6 Nays - 0 16. Resolution - 01 -1331 - Amending the spending and finance plans of the North Quadrant project in the Department of Planning and Economic Development. Adopted Yeas - 6 Nays - 0 17. Resolution - 01 -1332 - Amending the 2001 Capital Improvement Budget in the Division of Parks and Recreation to include additional funds in the Shepard Road Scenic Overlook project. Adopted Yeas - 6 Nays - 0 18. Resolution - 01 -1333 - Amending the 2001 Capital Improvement Budget in the Division of Parks and Recreation to accept an increased amount of State of Minnesota Metro Greenways funds for conservation easement on the Lower Phalen Creek site. Adopted Yeas - 6 Nays - 0 19. Resolution - 01 -1334 - Amending the 1999 Capital Improvement Budget in the Division of Parks and Recreation to include additional funding for City Academy - Wilder Recreation Center remodeling and addition project. Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment and Fixing Time of Hearing - 01 -1335 - In the matter of the assessment of benefits, cost and expenses for installation of a Fire Protection System at 340 Cedar Street (St. Paul Athletic Club - Floor 14), and setting date of public hearing for January 23, 2002. (File No. FP9904) Adopted Yeas - 6 Nays - 0 21. Resolution - 01 -1336 - Approving the 2001 year -end budget adjustments. Substitute introduced and adopted Yeas - 6 Nays - 0 FOR DISCUSSION 22. Resolution - 01 -454 - Ordering the owner to remove or repair the building at 1236 Seventh Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from June 6 and June 27) Laid over to January 2 Yeas - 6 Nays - 0 23. Resolution - 01 -1073 - Moving funds out of contingency to execute a contract with Stellent, Inc. for e- Government Initiative. (Laid over from October 24 and November 7) Adopted Yeas - 7 Nays - 0 24. Resolution - 01 -1316 - Approving the Joint Powers Agreement with Metro Transit and Metropolitan Council concerning the Riverview Corridor Project. (Laid over from December 19) Laid over to January 2 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164939\Minutes 12... 12/15/2010 Page 4 of 6 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. 25. Final Adoption - 01 -1243 - An ordinance requiring persons or organizations that engage in vehicle immobilization services to be licensed. Adopted Yeas - 7 Nays - 0 26. Final Adoption - 01 -1244 - An ordinance amending the license fee schedule to add a fee for vehicle immobilization service licenses. Adopted Yeas - 7 Nays - 0 The City Council requested that the Office of License, Inspections and Environmental Protection present a report on June 26, 2002, regarding the implementation of these two new ordinances. (Council Files 01 -1243 and 01 -1244) 27. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 28. Third 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 January 2 for final adoption 29. Third 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 January 2 for final adoption 30. First Reading - 01 -1337 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code setting conditions for maintaining a dog designated as "potentially dangerous," requiring licensees to be at least 18 years of age, and establishing appeals procedures for the designations of dogs as "potentially dangerous" and "dangerous" and authorizing dogs to be seized and held pending hearings. Laid over to January 2 for second reading Susbension Items Resolution - 01 -1338 - Amending the 1999 Capital Improvement Budget for the Trout Brook Corridor Acquisition Project and accepting additional funding from MnDOT and DNR Metro Greenways. Adopted as amended Yeas - 7 Nays - 0 Resolution - 01 -1339 - Authorizing the City Attorney's Office to enter into a settlement with MBC Holding Company and Gopher State Ethanol and settle the lawsuit without prejudice against those companies with terms and conditions. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164939\Minutes 12... 12/15/2010 Page 5 of 6 Adopted as amended Yeas - 6 Nays - 1 (Blakey) Resolution - 01 -1340 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 730 Sherburne Avenue and 880 Wilson Avenue. Adopted 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. 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_164939\Minutes 12... 12/15/2010 Page 6 of 6 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164939\Minutes 12... 12/15/2010