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Minutes 4-4-2001Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 4th, 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 - 5 - Benanav, Blakey, Bostrom, Harris, Reiter Absent - 2 - Coleman, Lantry (both excused) CONSENT AGENDA (Items 1 - 27) 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 American Family Insurance Co. (for Duane & Carolyn Himle), Graham Anderson, Wengin Bao, Jaime Burrell, Lee Cooper, Terri Dilworth, Galina Okun - Gladis, Gina Hupton, Dale Petrie, Jeffrey Pfoser, Jeanne Podulke, Lyle & Larry Rambo, April Rawlings, Steven Rowley, Michael Roventine, Anthony Smith, Ronald Smith, State Farm Insurance (for Judith Edgett), U -Save Auto Rental (Steve Farish), and Cynthia Warzecha. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 2 of 9 Referred to the Employee/Risk Management Division 2. Letter from the Real Estate Division announcing a public hearing before the City Council on April 25, 2001, to consider the vacation of the alley in Block 8, Paul Martin's 1st Addition (area bounded by Highway 52, Kansas, Wyoming & Annapolis) and develop the area with new homes. 3. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 25, 2001, to consider a preliminary and final plat proposed by Northern Star Company to create two industrial lots and one outlot to provide for sale of part of the site to CSM Investors II, Inc. for cleanup and redevelopment as part of the Westgate Industrial Park. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 25, 2001, to consider the application of Northern Star Company to rezone property from I -2 Industrial District to I -1 Industrial District to allow construction of a 98,000 sq. ft. office /warehouse building at 1055 Westgate Drive (northwest of the cul -de -sac). 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 25, 2001, to consider adverse action against all licenses held by Jazzville, Inc., 486 Robert Street. 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 25, 2001, to consider adverse action against the Off -Sale Liquor License held by Kopilenko International Wines & Liquor, dba International Wines & Liquors, 710 Cleveland Avenue South. 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 25, 2001, to consider the License Application by Car Investments, dba Phalen Lake Xpress Lube, 1155 Prosperity Avenue. Public hearing has been canceled. 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 25, 2001, to consider adverse action against the Cigarette /Tobacco License held by Muhammad Elbaba, dba Maryland Avenue Foods, 1541 Maryland Avenue East. 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 25, 2001, concerning statutory penalty for store clerk Adil Abdalla Mohamed Ali for selling cigarettes to a minor. 10. Administrative Orders: D002000 Reconciling the actual 2000 spending to 2000 budget in the Mayor's Office. D002001 Reconciling the actual 2000 spending to 2000 budget in the Office of Financial Services. D002002 Reconciling the actual 2000 spending to 2000 budget in the Department of Technology and Management Services. D002003 Reconciling the actual 2000 spending to 2000 budget in the General Government Accounts. D002004 Reconciling the actual 2000 spending to 2000 budget in the Office of Labor Relations. D002005 Reconciling the actual 2000 spending to 2000 budget in the Citizen Service Office. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 3 of 9 D002006 Reconciling the actual 2000 spending to 2000 budget in the Citizen Service Office. D002007 Reconciling the actual 2000 spending to 2000 budget in the City Council Offices. D002008 Transferring budget money to provide sufficient funding at the budgetary control level of the Police Department's 2000 General Fund Budget. D002009 Reconciling the actual 2000 spending to 2000 budget in the Office of Human Rights. D002010 Approving 2000 budget revisions in the Office of LIEF. D002011 Approving budget revisions to cover 2000 year -end variances in Fund 320 in the Office of LIEF. D002012 Authorizing the Office of Human Rights to pay expenses in the amount of $1,200.00 for City employees celebration of cultural diverse events. D002013 Authorizing the Division of Parks and Recreation to return surplus CIB money to contingency and reallocate to resolve funding shortfalls in Mears Park and Rice Park projects. D002014 Amending and closing the spending and financing plans of the Lexington Parkway paving project in the Department of Public Works. Noted as on file in the City Clerk's Office FOR ACTION 11. Resolution - 01 -331 - Approving the January 1, 2001, through December 31, 2002, Collective Bargaining Agreement between the City of Saint Paul and the City of Saint Paul Professional Employees Association. (To be laid over one week for adoption) Laid over to April 11 for adoption 12. Resolution - 01 -332 - Ordering that the street width on Brewster Street between Raymond Avenue and the "Y Split" at Alden Square Park remain at 24 feet for Knapp- Hillside Residential Street Vitality Program. Adopted Yeas - 5 Nays - 0 13. Resolution - 01 -333 - Authorizing a budget amendment which will allow the Division of Parks and Recreation to accept $2,500 in funding from the Public Housing Agency Drug Elimination Program to provide 50 swim lesson scholarships for youth at McDonough Recreation Center. Adopted Yeas - 5 Nays - 0 14. Resolution - 01 -334 - Acknowledging receipt of the City's 24th consecutive "Certificate of Achievement in Financial Reporting" for the 1999 Comprehensive Annual Financial Report and commending the City's accounting staff. Adopted Yeas - 5 Nays - 0 15. Resolution - 01 -335 - Authorizing the City to submit Saint Paul's 2001 Consolidated Plan to the U.S. Department of Housing & Urban Development (HUD). Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 4 of 9 16. Resolution - 01 -336 - Approving Cultural STAR Board recommendations and changes to the 2001 Cultural STAR spending plan. Adopted Yeas - 5 Nays - 0 17. Resolution - 01 -337 - Directing the proper City officials to amend the joint use agreement with Saint Paul Public Schools for the Arlington/Arkwright Park athletic fields. Adopted Yeas - 5 Nays - 0 18. Resolution - 01 -338 - Authorizing the Department of Public Works to enter into an agreement with the Friends of the Mississippi River to coordinate the City's Storm Drain Stenciling Education Program. Adopted Yeas - 5 Nays - 0 19. Resolution - 01 -339 - Approving Right -of -Way management permit fee. Adopted Yeas - 5 Nays - 0 20. Resolution - 01 -340 - Authorizing the Office of License, Inspections and Environmental Protection (LIEF) to accept $10,000.00 from the Association for Nonsmokers - Minnesota to conduct 800 tobacco compliance checks between March 15, 2001 and June 30, 2001. Adopted Yeas - 5 Nays - 0 21. Resolution - 01 -341 - Authorizing the Police Department to accept a Federal weed and seed forfeiture grant and establishing a spending and financing plan for the grant. Adopted Yeas - 5 Nays - 0 22. Resolution - 01 -342 - Approving no recommendation to the Board of Ramsey County Commissioners' request for the repurchase application for property at 977 Fuller Avenue. Adopted Yeas - 5 Nays - 0 23. Resolution - 01 -343 - Approving no recommendation to the Board of Ramsey County Commissioners' request for the repurchase application for property at 687 Jackson Street. Adopted Yeas - 5 Nays - 0 24. Resolution - 01 -344 - Approving no recommendation to the Board of Ramsey County Commissioners' request for the repurchase application for property at 601 Western Avenue North. Adopted Yeas - 5 Nays - 0 25. Resolution - 01 -345 - Co- naming Dale Street Mr. and Mrs. Tiger Jack Street from St. Anthony Avenue to Fuller Avenue. Substitute introduced and adopted Yeas - 5 Nays - 0 26. Resolution - 01 -346 - Authorizing the proper City officials to pay amounts totaling $115,000.00 to the Marketing and Promotions Division for events and activities, total amounts of which will be reported at the end of the year. Withdrawn Yeas - 5 Nays - 0 (See Suspension Items - Administrative Order D002020) 27. Resolution - 01 -347- Authorizing use of $300,000 STAR Grant for the Osceola Crossing Project. Laid over to April 11 Yeas - 5 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 5 of 9 28. 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 from March 28) Laid over to April 18 Yeas - 5 Nays - 0 29. Resolution - 01 -288 - Approving a 2001 budget amendment to release funds from the general government accounts - specified contingency. (Substitute introduced, amended and laid over from March 28) Laid over to April 11 Yeas - 5 Nays - 0 30. Resolution - 01 -298 - Adopting the Summary and Summary Amendment of the Phalen Corridor Development Strategy as an addendum to the Saint Paul Comprehensive Plan. (Laid over from March 28) Adopted (Amendments were made to the Phalen Corridor Development Strategy) Yeas - 5 Nays - 0 31. Update by Bill Gunther, Environmental Health Director (LIEF), and Dan Smith, Department of Planning and Economic Development, on issues related to noise and odor at the Minnesota Brewing Company /Gopher State Ethanol Plant. (Monthly updates were requested by the Council on August 9) Monthly update was presented by Bill Gunther; next update will be May 2, 2001. 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 THECOUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 32. Final Adoption - 01 -187 - An ordinance to eliminate Chapter 336 of the Saint Paul Legislative Code entitled "Private Fuel Pumps." Adopted Yeas - 5 Nays - 0 33. Final Adoption - 01 -217 - An ordinance providing for an additional citizen board member to represent suburban customers on the Board of Water Commissioners. Adopted Yeas - 5 Nays - 0 34. Final Adoption - 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. Adopted Yeas - 5 Nays - 0 35. Final Adoption - 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. Amended and laid over to April 11 for final adoption Yeas - 5 Nays - 0 36. First 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 to April 11 for second reading file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 6 of 9 37. First Reading - 01 -349 - An ordinance amending Saint Paul Legislative Code Chapter 376; making the temporary maximum taxicab fare structure, that was approved on October 1, 1999, permanent and requiring an annual review of the fare structure. Laid over to April 11 for second reading 38. First Reading - 01 -350 - Amending Chapter 225 of the Saint Paul Legislative Code to permit Animal Control Officers to carry and discharge a firearm while carrying on the duties of their occupation. Laid over to April 11 for second reading 39. First Reading - 01 -351 - An ordinance finalizing City Council action granting the application of Mendota Homes, Inc. to rezone property from B -3 to RM -2 to allow construction of a new 3 -story residential condominium at 1941 Ford Parkway (between Kenneth and Howell Streets). (Public hearing held March 7, 2001) Laid over to April 11 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 40. Third 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 on March 28) Substitute introduced and laid over to April 11 for final adoption Yeas - 5 Nays - 0 41. Third 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 25 for continuation of third reading /public hearing Yeas - 5 Nays - 0 42. Third Reading - 01 -279 - An ordinance repealing Chapter 331 of the Saint Paul Legislative Code relating to food protection. Laid over to April 25 for continuation of third reading /public hearing Yeas - 5 Nays - 0 43. Third 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 11 for final adoption 44. Resolution - 01 -352 - establishing "No Parking 8AM -8PM Monday- Friday, Except by Permit" Area 15 zone on the north side of Mississippi River Boulevard between 200 feet and 1,000 feet west of Otis Lane (Exeter). Adopted Yeas - 5 Nays - 0 45. Appeal of Sandra Haustein to a Summary Abatement Order for property at 1251 Berkeley Avenue. (Legislative Hearing Officer recommends extending the compliance date to June 5, 2001) Adopted per Legislative Hearing Officer's recommendation Yeas - 5 Nays - 0 46. Appeal of Irene Kaiser to a Summary Abatement Order for property at 283 South Syndicate Street. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 7 of 9 (Legislative Hearing Officer recommends extending the compliance date to June 5, 2001) Adopted per Legislative Hearing Officer's recommendation Yeas - 4 Nays - 0 (Harris not present) 47. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the June 5, 2001 Legislative hearing and the June 27, 2001 City Council meeting) Laid over to June 27 Yeas - 4 Nays - 0 (Harris not present) 48. Resolution Ratifying Assessment - 01 -354 - In the matter of sidewalk reconstruction at 504 Mississippi River Boulevard (work completed). (Referred to a Legislative Hearing on March 7) (Legislative Hearing Officer recommends approval of the assessment) Adopted Yeas - 4 Nays - 0 (Harris not present) 49. Resolution Ratifying Assessment - 01 -355 - In the matter of demolition of vacant buildings in November and December 2000 (JO 101 C); boarding up vacant buildings in June through October, 2000 (JOIBDUP); grass cutting (by private contractor) in August, September and part of October, 2000 (JO 101G); towing abandoned vehicles from private property at 611 Whitall Street and from private property in June through September, 2000 (JOIO1V); and summary abatements (property cleanup) in August, September, October, November and /or December, 2000 (JOISUM). (Legislative Hearing Officer recommends approval with the following exceptions: 970 Geranium Avenue (JOIBDUP) - Reduce the assessment from $234.80 to $100.00 plus the $45.00 service fee for a total assessment of $145.00; 891 Rice street/a.k.a. 889 Rice Street (JOIBDUP - Delete the assessment; 877 Charles Avenue (J01 "V - Delete the assessment; 887 Conway Street (JO10 V� - Delete the assessment; 596 Laurel Avenue - Vacant Lot (JO101V) - Delete the assessment; 1835 St. Clair Avenue (JOISUM) - At the request of Code Enforcement, the Legislative Hearing Officer recommends laying over to the April 17, 2001, Legislative Hearing and the April 25, 2001, City Council Meeting; 611 Whitall Street (JO101V) - Reduce the assessment from $1,828.70 to $1,200.00 plus the $45.00 service fee for a total assessment of $1,245.00; 12 Wig Street East (JOISUM) - Reduce the assessment from $295.00 to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 1165 Hudson Road (JOIBDUP) - Lay over to the April 17, 2001, Legislative Hearing and the April 25, 2001, City Council Meeting; 615 Charles Avenue (J01 "V - At the request of Code Enforcement, the Legislative Hearing Officer recommends laying over to the April 17, 2001, Legislative Hearing and the April 25, 2001, City Council Meeting; file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17093IWinutes 4 -... 12/15/2010 Page 8 of 9 980 Euclid Street (JOISUM) - Lay over to the April 3, 2001, Legislative Hearing and the April 25, 2001, City Council Meeting; 659 650 Aurora Avenue (JOISUM) - Code Enforcement requested deleting the assessment due to a notification error and the Legislative Hearing Officer recommends deleting the assessment) The following addresses were also read into the record: 707 Jessamine Avenue (JOISUM) - Lay over to the April 17, 2001, Legislative Hearing and the May 2, 2001, City Council Meeting. 1197 Ross Avenue (JOIBDUP) - Lay over to the April 17, 2001, Legislative Hearing and the May 2, 2001, City Council Meeting. 916 Minnehaha Avenue East (JOISUM) - Lay over to the May 2001, Legislative Hearing and the May 23, 2001, City Council Meeting. Also: 136 Wilder Street North (JOIBDUP) - Referred back to a Legislative Hearing Adopted as amended (per recommendations of the Legislative Hearing Officer and additional amendments) Yeas - 5 Nays - 0 50. Final Order - 01 -125 - In the matter of construction of a bituminous driveway on private property at 1039 California Avenue West. (File 418885 -D) (Laid over from February 7) Adopted Yeas - 5 Nays - 0 51. Final Order - 01 -356 - In the matter of sidewalk reconstruction and/or new construction on both sides of West Baker Street from South Smith Avenue to Ohio Street. (File S01004) (Laid over from March 28) Adopted Yeas - 5 Nays - 0 52. Final Order - 01 -357 - In the matter of operating costs for three parcels of property that were inadvertently left off the rolls for above standard street lighting projects. (File 418430 & 18590) Adopted Yeas - 5 Nays - 0 53. Final Order - 01 -358 - In the matter of the operation costs of the above standard street lighting system on East Seventh Street from Mounds Boulevard to Sinnen Street for 2001. (File 4 18898) Adopted Yeas - 5 Nays - 0 54. Final Order - 01 -359 - In the matter of acquiring portions of Lots 4 through 9, Block 41, Lot 1, Block 46 and Lots 1 through 4 for property located in Rice & Irvine's Addition for the improvement of the Science Museum of Minnesota. (File 418943E) Laid over to June 6 Yeas - 5 Nays - 0 Suspension Items Administrative Order file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17093I\Minutes 4 -... 12/15/2010 Page 9 of 9 D002020 Authorizing the he proper City officials to pay amounts totaling $115,000.00 to the Marketing and Promotions Division for events and activities, total amounts of which will be reported at the end of the year. Noted as on file in the City Clerk's Office Resolution - 01 -360 - Acknowledging the efforts of George Splichal and Jose Jovellana, Office of Financial Services, for their role in preparing Saint Paul's 1999 Comprehensive Annual Financial Report, which received the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. Adopted Yeas - 5 Nays - 0 Resolution - 01 -361 - Ordering that the width of the south leg of Commonwealth Avenue west of Como Avenue and East of Gordon remain at 22 feet for the Knapp Hillside Residential Street Vitality Program. Adopted as amended Yeas - 5 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 —1 \Temp \ELF20101215_17093IWinutes 4 -... 12/15/2010