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Minutes 5-2-2001Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 2nd, 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 Hearing • 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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Maxine Block, Ramona Davis, Emily Leabch, RHJ Properties Limited Partnership, LLLP, and Mary Jo Schaak. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 2 of 7 2. Notice of Hearing and Petition in Condemnation and Motion for Transfer of Title and Possession regarding the Saint Paul Housing and Redevelopment Authority vs. the City of Saint Paul, et al, regarding property at Block 70 and part of Block 69, Irvine's Enlargement of Rice and Irvine's Addition. Referred to the City Attorney's Office 3. Letters from Maslon Edelman Borman and Brand dated April 19, 2001, and miscellaneous documents such as: Notice of Taking Deposition of Brian Nelson, Diane Nelson and James Masterman; Amended Notice of Motion and Motion, Memorandum in Support of Motion to Amend Summons, Affidavit of Melissa M. Weldon, Proposed Order, and Motion for Summary Judgment regarding the National City Bank of Minneapolis vs. La Tete Maison, Ltd., et al. Referred to the City Attorney's Office 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on May 23, 2001, to consider the appeal of Brian Engdahl and Raina Eberly of a Heritage Preservation Commission decision approving a building permit for construction of a tree house (constructed without a building permit or HPC approval) with the condition that the tree house be moved so that its eastern wall is set back to a plan at least as far advanced from the eastern lot line as the main residence at 1376 Summit Avenue. 5. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 643 Watson Avenue and 855 Woodbridge Street as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary). 6. Administrative Order: D002028 Amending the 2000 budget of the Special Revenue fund, Division of Parks and Recreation - Grants /Aid Fund. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of March 7, 2001, and the City Council Closed Session of April 25, 2001. Adopted Yeas - 7 Nays - 0 8. Resolution - 01 -441 - Approving and ratifying the Memorandum of Understanding between the City of Saint Paul and the International Association of Fire Fighters Local 21 to establish a Hazardous Material premium for employees assigned to a designated Advanced Technical Rescue Unit. (To be laid over to May 9 for adoption) Laid over to May 9 for final adoption 9. Resolution - 01 -442 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at: 1065 Selby Avenue, 1725 Hague Avenue, 419 Fairview Avenue, 1596 Ashland Avenue, 1612 Van Buren Avenue, and 695 Ohio Street. Adopted Yeas - 7 Nays - 0 10.Resolution - 01 -443 - Approving the application, with condition, for a Wine On -Sale, Malt On -Sale (Strong), and Restaurant Licenses by Fasika, Inc., dba Fasika Ethiopian Restaurant, 510 Snelling Avenue North. (Legislative Hearing Officer recommends approval with condition). Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 3 of 7 11. Resolution - 01 -444 - Establishing a 2001 financing and spending plan for the Thomas /Dale Weed and Seed grant. Adopted Yeas - 7 Nays - 0 12.Resolution - 01 -445 - Approving a Neighborhood STAR Year Round Program loan in the amount of $100,000 for Mildred Pierce at Harriet Island. Adopted Yeas - 7 Nays - 0 13. Resolution - 01 -446 - Authorizing the Division of Parks and Recreation to apply for Youth Enrichment Grant funding from the Minnesota Amateur Sports Commission via the Minnesota Department of Children, Families and Learning to help in the construction of two new soccer fields at McDonough Recreation Center. Adopted Yeas - 7 Nays - 0 14. Preliminary Order - 01 -447 - In the matter of improving the alley in Block 14, Hayden Heights (bounded by Ivy, Furness Parkway, Clear and Ruth Streets), by constructing a storm sewer and by grading and paving with bituminous material, and setting date of public hearing for May 23, 2001. (File 418944) Adopted Yeas - 7 Nays - 0 15. Preliminary Order - 01 -448 - In the matter of condemning and taking easements in the land necessary for slopes, cuts and fills, including the right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley in Block 14, Hayden Heights (bounded by Ivy, Furness Parkway, Clear and Ruth Streets), and setting date of public hearing for May 23, 2001. (File 4189445) Adopted Yeas - 7 Nays - 0 16. Preliminary Order - 01 -449 - In the matter of improving the alley in Block 14, Summit Park Addition (bounded by Osceola, Avon, Fairmount and Victoria Streets) by constructing storm sewer, and by grading and paving with bituminous material, and setting date of public hearing for May 23, 2001. (File 418946) Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 01 -450 - In the matter of condemning and taking easements in the land necessary for slopes, cuts and fills, including the right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley in Block 14, Summit Park Addition (bounded by Osceola, Avon, Fairmount and Victoria Street), and setting date of public hearing for May 23, 2001. (File 41 8946S) Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 01 -451 - In the matter of the installation of a traffic control signal system at the intersection of Dale and Topping Streets, and setting date of public hearing for June 27, 2001. (File 418948) Adopted Yeas - 7 Nays - 0 19. Resolution Approving Assessment - 01 -452 - In the matter of the assessment of benefits, cost and expenses for the demolition of vacant buildings for January and February, 2001 (JO IO2C); summary abatements (property clean -up) during the later part of February and March, 2001 (J0103A); boarding -up of vacant buildings for January and February, 2001 (JO IO2B); towing of abandoned vehicles from private property during November and December, 2000 (J0103V); and summary abatement (snow /ice removal and or sanding of walks) during the winter season of 2000 and 2001 (JO1 SNOW), and setting date of file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 4 of 7 public hearing for June 27, 2001. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 20. Report from the Office of License, Inspections and Environmental Protection (LIEF) regarding the possibility of posting restaurants and their violations on the City's Web. (Requested by the City Council on November 1, 2000) Bill Gunther, Environmental Health Director, (LIEP) and Susan Kimberly, Deputy Mayor, provided a report. An additional update will be presented to the City Council on June 6, 2001. 21. Update by Bill Gunther, Environmental Health Director (LIEP), 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 City Council on August 9) Bill Gunther and Dan Smith provided an update. The City Council requested that an additional update be presented at their meeting on May 23. 22. Resolution - 01 -264 - Changing the rate of pay for the Assistant Fire Chief class from Grade 28 to Grade 30 and establishing the rate of pay for the Assistant Fire Chief position assigned Emergency Management Director in Grade 3 1 of the Non - represented City Managers, Employee Group 17. (Laid over from March 21) Laid over indefinitely Yeas - 7 Nays - 0 23. Resolution - 01 -407 - Honoring those responsible for the creation of the "Safe Gun Storage" public service announcement produced by the City of Saint Paul Office of Cable Communications. (Laid over from April 25) Adopted Yeas - 7 Nays - 0 24. Resolution - 01 -422 - Approving a 2001 budget amendment to release funds from the general government accounts - specified contingency. (Laid over from April 25) Substitute introduced and adopted 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 25.Final 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. (Substitute introduced on April 25) Adopted Yeas - 7 Nays - 0 26. Final Reading - 01 -279 - An ordinance repealing Chapter 331 of the Saint Paul Legislative Code relating to food protection. Adopted Yeas - 7 Nays - 0 27. 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 5 of 7 for new vehicle taxicab licenses. (Substitute introduced on April 25) Laid over to August 1 Yeas - 6 Nays - 1 (Blakey) (The City Council requested the Office of License, Inspections and Environmental Protection (LIEP) to provide a comprehensive report as to how they will deal with the increased number of cabs, improve service, cleaner cabs, new ways of regulating cabs on a metro -wide approach, an enforcement provision, fee structure for the license and fare structures.) 28. Final 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. Adopted Yeas - 7 Nays - 0 29. Final Reading - 01 -350 - An ordinance 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. Adopted Yeas - 7 Nays - 0 30. Final Reading - 01 -375 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in City parks and to delete obsolete references to the department of community services. Adopted Yeas - 7 Nays - 0 31. Final Reading - 01 -377 - An ordinance extending the interim ordinance in Council File No. 00 -152 which preserved the status quo with respect to the use of property pending the completion of studies and amendments to the Saint Paul Zoning Code relating to gun shops. Adopted Yeas - 7 Nays - 0 32. Third Reading - 01 -401 - An ordinance finalizing City Council action approving a petition of Metzger Building Materials to rezone property at 763 and 765 Bradley Street from RT -1 to I -1 to permit outside storage of metal framing for drywall. (Public hearing held on February 7, 2001) Laid over to May 9 for final adoption 33.First Reading - 01 -453 - Granting to NRG Energy Center Rock -Tenn LLC ( "NRG "), a special purpose subsidiary of NRG Thermal Corporation, and its successors and assigns permission to construct, operate and maintain a high pressure steam line under and through public rights of way at several locations within the City. Laid over to May 9 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 34. Third Reading - 01 -399 - An ordinance amending Ordinance Number 13537, approved January 31, 1967, by deleting the roadway of Sixth Street - Mounds Boulevard to Maria Avenue from the truck route ordinance. Laid over to May 9 for final adoption 35. Third Reading - 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 to May 9 for final adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 6 of 7 36. Third Reading - 01 -402 - An ordinance establishing the position titled Deputy Director of Parks and Recreation as specified by Chapter 12 of the Saint Paul Charter, Section 12.03.2(H). Laid over to May 9 for final adoption 37. Resolution - 01 -122 - Ordering the owner to remove or repair the building at 964 Woodbridge Street within fifteen (15) days from adoption of resolution. (Laid over from February 28) (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property, with the condition that a $2,000 bond is posted by noon on April 25, 2001). Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 38.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 February 28) (Legislative Hearing Officer recommends laying over to the September 18, 2001, Legislative Hearing and the September 26, 2001, City Council Meeting, with the condition that the exterior of the building is maintained). Laid over to September 26 (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 39. Resolution - 00 -218 - Ordering the owner to remove or repair the building at 923 Galtier Street within fifteen (15) days from adoption of resolution. (Laid over from March 7) (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property with the condition that permits are obtained and a $2,000 bond is posted by noon on May 2, 2001.) Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 40.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 laying over to the June 19, 2001, Legislative Hearing and the June 27, 2001, City Council Meeting.) Laid over to the May 15, 2001, Legislative Hearing and the June 6, 2001, City Council Meeting_. Yeas - 7 Nays - 0 41.Resolution Ratifying Assessment - 01 -434 - In the matter of boarding up vacant buildings in June through October, 2000, at 136 Wilder Street, 1197 Ross Avenue, and 1165 Hudson Road (JOIBDUP); towing abandoned vehicles from private property at 615 Charles Avenue in June through September, 2000 (JO101 V); and summary abatements (property cleanup) at 1835 St. Clair Avenue and 707 Jessamine Avenue, East in August, September, October, November and /or December, 2000 (JO ISUM). (To be reconsidered from April 25) (Legislative Hearing Officer recommends approval of the assessments) Reconsidered, public hearing held and adopted Yeas - 7 Nays - 0 42.Final Order - 01 -455 - In the matter of Above Standard Street Lighting Systems for 2001 for the Minnesota Mutual Life Tower Area and Selby /Snelling Area. (File 418925 & 189030P) Adopted Yeas - 7 Nays - 0 43. Final Order - 01 -456 - In the matter of construction of sidewalk repairs and /or repair of sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction with the Wabasha West Streetscape Project, Phase 2 (Fourth/Cedar Streets Area). (File 418906C) Laid over to May 23 Yeas - 7 Nays - 0 44. Final Order - 01 -457 - In the matter of construction of a water main in Snowshoe Lane, Winthrop Street, Boxwood Avenue and Ogden Court. (File 418941) Adopted as amended Yeas - 7 Nays - 0 45.Resolution Ratifying and Confirming Condemnation - 01 -458 - In the matter of condemnation and file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171254\Minutes 5 -... 12/15/2010 Page 7 of 7 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. (File No. 18928E) Laid over to May 23 Yeas - 7 Nays - 0 Suspension Items Resolution - 01 -459 - Requesting the Mayor to submit a budget amendment appropriating $350,000 equally amont the City Council wards for the Neighborhood Investment Initiative Grant Program. Adopted Yeas - 6 Nays - 1 (Lantry) Resolution - 01 -460 - Requesting the State Legislature and Governor to formulate a minimum change redistricting plan that allows Saint Paul and Minneapolis to continue to be in separate Congressional District. Adopted Yeas - 7 Nays - 0 The City Council expressed their sympathy to the family of Eugene J. Corbey, Saint Paul Planning Commission member, who passed away Wednesday, May 2, 2001. The City Council requested that the Police Department's presentation and discussion on racial profiling be rescheduled from May 9 to May 23, 2001. 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_171254\Minutes 5 -... 12/15/2010