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Minutes 3-28-2001Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 28th, 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 • Public Hearings • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Retier Absent - 0 CONSENT AGENDA (Items I - 31) 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, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Carrie Fraser, Norma Glagays, Lindsay Herbert, Janet Hohn, Mike Hushagen, Dorothy Irvin, Kim Knutson, Setty Magana, Jay Mickelsen, Nicole Miller, John Olsen, Kristine Rhodes, Hugo Selby, Victor Smith, and Gary Trudeau. Referred to the Employee/Risk Management Division 2. Summons and Complaint in the matter of Robert Larson, Larry Saliterman, Marion Levine and Robert Levine, dba Hillcrest Bingo, vs. the Saint Paul City Council. Referred to the City Attorney's Office file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 2 of 9 3. Letter from the Citizen Service Office/Property Code Enforcement declaring 850 Sims Avenue as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 4. Administrative Orders: D001994 Authorizing Lease 4 TMS /8 between the City and the Great American History Theatre for space in the Arts and Science Center, 30 East 10th Street, for the term of September 1, 2000 through August 31, 2001. D001995 Amending the 2001 budget of the Public Health funds by moving receipt codes from intergovernmental financing to normal activity service. D001996 Amending the 2000 budget of the Library Aids and Grants funds to cover negative balances in major object codes. D001997 Amending the 2000 budget in the Office of Financial Services - General Government- Special projects fund to cover 2000 year -end variances. D001998 Authorizing the Police Department to enter into an agreement with Events By Design, not to exceed $950.00, for providing refreshments at their four -day training seminar entitled "Supervising Police Personnel" on April 9 - 12, 2001. Noted as on file in the City Clerk's Office FOR ACTION 5. Approval of minutes of January 24, 2001 and Closed Door Session of March 21, 2001. Adopted Yeas - 7 Nays - 0 6. Resolution - 01 -283 - Approving the appointments of Joan Kennedy, Donna Lee, Judy Probst and Mary Ellen Radman and the reappointments of Dennis Gerhardstein, Harold Hebl, Peter Keely, Daisy Martin, Sharon Rebar, Patricia Salt, Sally Staggert, Julie Walton, Jamie Warndahl, Arlend "Buzz" Wilson and Delores Zeller, by Mayor Coleman, to the Advisory Committee on Aging. Adopted Yeas - 7 Nays - 0 7. Resolution - 01 -284 - Approving the appointments of Michael Danielson, John Paul Hileman, Carol Morphew, Kelsey Neumann and Robert Reedy, by Mayor Coleman, to the Advisory Committee for People with Disabilities. Adopted Yeas - 7 Nays - 0 8. Resolution - 01 -285 - Requesting the Minnesota Commissioner of Transportation to approve directional signage at the appropriate exits on I -94 for the following colleges: Concordia University, College of St. Catherine, Macalester College, Hamline University and the William Mitchell College of Law (in addition to the University of St. Thomas and the University of Minnesota who are already identified). Adopted Yeas - 7 Nays - 0 9. Resolution - 01 -286 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 716 Como Avenue, 979 Randolph Avenue, 760 Riverview Avenue, 478 Hazel Street - 4317, and Hillcrest Shopping Center. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 3 of 9 Adopted Yeas - 7 Nays - 0 10. Resolution - 01 -287 - Establishing a policy for the hiring of temporary employees from outside vendors and expiring positions currently filled by outside vendor employees on July 1, 2001. Laid over to April 4 Yeas - 7 Nays - 0 11. Resolution - 01 -288 - Approving a 2001 budget amendment to release funds from the general government accounts - specified contingency. Substitute introduced, amended and laid over to April 4 Yeas - 7 Nays - 0 (See Suspension Item C.F. 01-301) 12. Resolution - 01 -289 - Establishing a 2001 spending and financing plan for Police Department services and equipment provided for the Railroad Island Weed and Seed Project. Adopted Yeas - 7 Nays - 0 13. Resolution - 01 -290 - Establishing a 2001 Police Department spending and financing plan for the Safe and Sober Grant. Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -291 - Reestablishing a budget in the Department of Technology and Management Services Fund to recognize financing and spending for environmental clean -up of Pigs Eye that was not spent in the year 2000. Adopted Yeas - 7 Nays - 0 15. Resolution - 01 -292 - Approving the revision to Appendix A of the Policy for the Determination and Review of the Storm Sewer System Charge reflecting changes Ramsey County made to their sub -usage code list. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -293 - Supporting the cleaning up of coal -fired plants. Laid over to April 11 Yeas - 7 Nays - 0 17. Resolution - 01 -294 - Approving no recommendation to the Board of Ramsey County Commissioners' request for the repurchase application of property at 1022 Stinson Street. Adopted Yeas - 7 Nays - 0 18. Resolution - 01 -295 - Recommending that the Board of Ramsey County Commissioners approve the repurchase application for the property at 1329 7th Street West. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -296 - Recommending that the Board of Ramsey County Commissioners approve the repurchase application for the property at 725 Stryker Avenue. Adopted Yeas - 7 Nays - 0 20. Resolution - 01 -297 - Authorizing the purchase of land (two parcels located at 1064 Iglehart Avenue and 1051 Marshall Avenue) for the Jimmy Lee Recreation Center Acquisition and Redevelopment Project. Adopted Yeas - 7 Nays - 0 21. Resolution - 01 -298 - Adopting the Summary and Summary Amendment of the Phalen Corridor Development Strategy as an addendum to the Saint Paul Comprehensive Plan. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 4 of 9 Laid over to April 4 Yeas - 7 Nays - 0 22. Resolution - 01 -299 - Allowing Black Bear Crossing to use the Division of Parks and Recreation Liquor License at Como Lakeside Pavillion for groups renting the banquet room for private events. Adopted Yeas - 7 Nays - 0 23. Resolution - 01 -300 - Allowing the Saint Paul Saints Northern League Baseball Team to use the Division of Parks and Recreation 3.2 Malt License at Midway Stadium in 2001. Adopted Yeas - 7 Nays - 0 24. (NO ITEM) 25. Resolution - 01 -302 - Concerning adverse action against the Cigarette /Tobacco license held by Vue Yang, dba Hmong Vientiane Grocery Store, 469 Anita Street. Withdrawn Yeas - 7 Nays - 0 26. Resolution - 01 -303 - Concerning adverse action against the Cigarette /Tobacco license held by Speedway SuperAmerica, LLC, dba SuperAmerica, 1625 Rice Street. Adopted Yeas - 7 Nays - 0 27. Resolution - 01 -304 - Recommending denial of the license application by University Amoco, Inc., 1347 University Avenue West. Adopted Yeas - 7 Nays - 0 28. Resolution - 01 -305 - Suspending the City Contractor License held by SS Contractors, Inc., 1360 University Avenue West, for failure to pay delinquent taxes. Adopted Yeas - 7 Nays - 0 29. Resolution Approving Assessment - 01 -306 - In the matter of the assessment of benefits, cost and expenses for a sanitary sewer connection in conjunction with the Western/Lawson Area Street Paving and Lighting Project, and setting date of public hearing for April 25, 2001. (File No. 18904 -C) Adopted Yeas - 7 Nays - 0 30. Resolution Approving Assessment - 01 -307 - In the matter of the assessment of benefits, cost and expenses for sanitary sewer connections in conjunction with the Seventh/Eleanor Area Street Paving and Lighting Project, and setting date of public hearing for April 25, 2001. (File No. 18908 -Misc) Adopted Yeas - 7 Nays - 0 31. Resolution Approving Assessment - 01 -308 - In the matter of the assessment of benefits, cost and expenses for a storm sewer connection in conjunction with the Prior /Jefferson Area Street Paving and Lighting Project, and setting date of public hearing for April 25, 2001. (File No. 18911 -Misc) Adopted Yeas - 7 Nays - 0 32. Resolution Approving Assessment - 01 -309 - In the matter of condemnation and taking of perpetual easements for utility purposes in construction and future maintenance of the Ogden/Winthrop Project along Ogden Avenue, Winthrop Street, Boxwood Avenue, Ogden Court and in an area approximately 160 feet north of Ogden Court; and setting date of public hearing for May 2, 2001. (File No. 18928E) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 5 of 9 33. Resolution - 01 -270 - Approving an agreement with CityNet Telecommunications, Inc. ( "CityNet ") to install, place and maintain telecommunication facilities in portions of the City's sewer system for the purpose of operating dark (unlit) fiber optic facilities. (Laid over from March 21) Laid over to April 18 for public hearing Yeas - 7 Nays - 0 34. Resolution - 01 -310 - Accepting proposal on sale of $3,630,000 General Obligation Street Improvement Special Assessment Bonds, Series 2001B. Adopted as amended Yeas - 7 Nays - 0 35. Resolution - 01 -311 - Accepting proposal on sale of $19,000,000 General Obligation Capital Improvement Bonds, Series 2001A. Adopted as amended Yeas - 7 Nays - 0 36. Twelve -month Update from the Office of Labor Relations on their work plan schedule in response to the Council Research Performance Audit. (Update requested by the City Council on September 27, 2000) Update was presented by Katherine Megarry, Office of Labor Relations 37. Report from the Planning Commission on Council File 01- 49 regarding the Downtown Area Special Sign District. (Report will be presented before Item No. 45 under Public Hearings) Report was presented by Larry Soderholm, Department of Planning and Economic Development. 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. 38. Final Adoption - 01 -215 - An ordinance finalizing City Council action granting the application of O'Hara Enterprises, Inc. to rezone property at 225 North Wilder Street from B -2 Community Business District to RT -1 Two Family Residential District to allow conversion to a duplex. (Public hearing held February 7, 2001) Adopted Yeas - 7 Nays - 0 39. Final Adoption - 01 -216 - An ordinance finalizing City Council action granting the application of John Schumacher to rezone property at 330 Prior Avenue North from RT -1 to OS -1 to allow a purification center. (Public hearing held February 7, 2001) Adopted Yeas - 7 Nays - 0 40. Second Reading - 01 -277 - An ordinance creating a new Chapter 156 and amending Chapter 18 of the Saint Paul Legislative Code to authorize the designation of pedestrian safety crossings and authorizing the Legislative Hearing Officer to hear appeals of decisions related to pedestrian safety crossings. Substitute introduced and laid over to April 4 for third reading /public hearing Yeas - 7 Nays - 0 41. Second Reading - 01 -278 - An ordinance adopting food protection standards which will permit the City to enter into compliance with the requirements of the Minnesota Departments of Health and Agriculture and allow to enter into delegation agreements with each agency. Laid over to April 4 for third reading /public hearing 42. Second Reading - 01 -279 - An ordinance repealing Chapter 331 of the Saint Paul Legislative Code relating to food protection. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 6 of 9 Laid over to April 4 for third reading /public hearing 43. Second Reading - 01 -280 - An ordinance placing the position titled General Manager - Saint Paul Regional Water Services in the unclassified service pursuant to Section 12.03.2(H) of the City Charter. Laid over to April 4 for third reading /public hearing PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 44. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cable Communication Service and applications received from Everest Connections Corporation and WideOpenWest Minnesota, LLC. (Laid over from December 6, 2000, for continuation of public hearing) Public hearing held and closed Yeas - 7 Nays - 0 45. Third Reading - 01 -49 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the downtown area to be known as the Downtown Area Special District Sign Plan. (The ordinance was referred to the Planning Commission for study and a report on this proposed amendment to the Zoning Code) (Laid over from January 24) Laid over to April 11 for final adoption Yeas - 7 Nays - 0 46. Third Reading - 01 -187 - An ordinance to eliminate Chapter 336 of the Saint Paul Legislative Code entitled "Private Fuel Pumps." Laid over to April 4 for final adoption 47. Third Reading - 01 -217 - An ordinance providing for an additional citizen board member to represent suburban customers on the Board of Water Commissioners. Laid over to April 4 for final adoption 48. Third Reading - 01 -248 - An ordinance amending Chapter 33, Section 33.04 by providing for time limits for completion of construction, alterations or improvements on building permits issued by the Building Official. Laid over to April 4 for final adoption 49. Third Reading - 01 -249 - An ordinance amending Ordinance No. 13537 approved January 31, 1967, by deleting the roadway of Maria Avenue - Seventh Street to Hudson Road from the truck route ordinance. Laid over to April 4 for final adoption 50. Resolution - 01 -312 - Authorizing the contribution of funds to the renovation of the building located at 400 Robert Street North for Personnel Decisions International. Adopted Yeas - 7 Nays - 0 51. Appeal of Michael Elman to a summary abatement order for property located at 469 Whitall Street. (Legislative Hearing Officer recommends denying the appeal)Appeal denied Yeas - 7 Nays - 0 52. Resolution - 01 -313 - Concerning adverse action against all licenses held by Dinner Club 2000, Inc., dba Dinner Club 2000, Inc., 1177 Clarence Street. Adopted Yeas - 6 Nays - 1 (Coleman) (License was suspended for 30 days with 25 days stayed (5 day closure), with the condition that there are no violations for 18 months, and a $1,000.00 fine) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 7 of 9 53. Resolution Ratifying Reassessment - 01 -314 - In the matter of a storm sewer connection at 1096 Grand Avenue in conjunction with improving Lexington Parkway. (File No. 18674 -RA) Adopted Yeas - 7 Nays - 0 54. Resolution Ratifying Assessment - 01 -315 - In the matter of the alley paving project between Page and Morton Streets. (File No. 18848) Adopted Yeas - 7 Nays - 0 55. Resolution Ratifying Assessment - 01 -316 - In the matter of alley paving in Block 9, Summit Avenue (bounded by Saratoga, Portland, Pascal, and Summit). (File 418849) Adopted Yeas - 7 Nays - 0 56. Resolution Ratifying Assessment - 01 -317 - In the matter of alley paving in Military Addition from Morton Street to approximately 90 feet north of Morton Street (bounded by Ottawa, Baker, Smith and Morton). (File 418851) Adopted Yeas - 7 Nays - 0 57. Resolution Ratifying Assessment - 01 -318 - In the matter of alley paving in the Riverside Addition Block 2 (bounded by Bay, Otto, Butternut and Stewart). (File 418857) Adopted Yeas - 7 Nays - 0 58. Resolution Ratifying Assessment - 01 -319 - In the matter of the assessment of benefits, cost and expenses for the sanitary sewer connection repairs for the Ivy /Earl RSVP City Project. (File 418893C) Adopted Yeas - 7 Nays - 0 59. Final Order in Condemnation Proceedings - 01 -320 - In the matter of condemning and taking of property rights as required for construction of the Arcade Street Access Road which will connect Phalen Boulevard to Arcade Street (KFC -855 Arcade Street). (File 418940) Adopted Yeas - 7 Nays - 0 60. Final Order - 01 -321 - In the matter of sidewalk reconstruction and/or new construction in Wards 1, 2, 3, 4 & 5. (File 4500001) Adopted Yeas - 7 Nays - 0 61. Final Order - 01 -322 - In the matter of sidewalk reconstruction and/or new construction in Wards 2, 4, 6 & 7. (File 4500155) Adopted Yeas - 7 Nays - 0 62. Final Order - 01 -323 - In the matter of sidewalk reconstruction and/or new construction in Wards 2, 3 & 5. (File 4SO1001) Adopted Yeas - 7 Nays - 0 63. Final Order - 01 -324 - In the matter of sidewalk reconstruction and/or new construction in Wards 1, 2 & 3. (File 4501002) Adopted Yeas - 7 Nays - 0 64. Final Order - 01 -325 - In the matter of sidewalk reconstruction and/or new construction in Wards 4, 5, 6, & 7. (File 4501003) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 8 of 9 65. Final Order - 01 -326 - In the matter of sidewalk reconstruction and/or new construction in Wards 2 & 7. (File 4S01004- S01018) Adopted as amended Yeas - 7 Nays - 0 (S01004 - Both sides of West Baker Street from South Smith Avenue to Ohio Street laid over to April 4) 66. Resolution - 01 -327 - Adopting Tax Increment Financing (TIF) Plan for the Riverfront Renaissance TIF District for the West Side Flats and Upper Landing Projects. Adopted as amended Yeas - 7 Nays - 0 Susbension Items Resolution - 01 -301 - Budget amendment to release funds from Specified Contingency for the federal lobbyist. Adopted Yeas - 7 Nays - 0 Resolution - 01 -328 - Indemnifying L & S Industrial & Marine from any and all damages it may be required to pay arising out of the use of barges and protective barrier to protect the Public Dock in the event of high water and /or flooding on the Mississippi river. Adopted Yeas - 7 Nays - 0 Resolution - 01 -329 - Approving Port Authority efforts to obtain additional legislative allocation for its customized job training services in the amount of $600,000. Adopted Yeas - 7 Nays - 0 Resolution - 01 -330 - Commending City staff and outside agencies for the contribution they have made for making Saint Paul's bond rating AAA, the highest rating possible. 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. 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. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010 Page 9 of 9 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170335\Minutes 3 -... 12/15/2010