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Minutes 6-13-2001Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 13, 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 • Miscellaneous • Suspension Items Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Benanav (excused) CONSENT AGENDA (Items I - 28) 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 (for Thomas Talbot), Kelly Brown, Mary Johnson, George Kaniamos, Anne Mathie, Elaine Mazzitello, Rhonda Patterson, Nicole Rivers, Gary Rost, and Scott and Deanne Smallman. Referred to the Employee/Risk Management Division 2. Notice of Appeal of Award of Commissioners in the matter of the condemnation of certain real property located in the City of Saint Paul, County of Ramsey, State of Minnesota, described as Lot 12, Block 3, Fred S. Herring's Plat 2, according to the recorded plat thereof, and situated in Ramsey County, Minnesota. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 2 of 7 Referred to the City Attorney's Office 3. Communication from Lindquist & Vennum P.L.L.P. in the Matter of the Application of CityNet Telecom, Inc. for Authority to Provide Niche Telecommunications Services in the State of Minnesota. Referred to the City Attorney's Office 4. Letter from the Real Estate Division announcing a public hearing before the City Council on June 27, 2001, to consider a petition to vacate part of the alley in Hughes' Midway Addition and Merriam's Outlots. 5. Letter from the Real Estate Division announcing a public hearing before the City Council on June 27, 2001, to consider a right of way vacation to develop the northerly half of Hill Street west of Chestnut Street into a parking area for housing improvements in the area. 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on June 27, 2001, to consider the application of New York Bingo Palace, LLC to rezone from P -1 to B -3 to expand the existing building on the lot and to rezone from RT -2 to P -1 to provide parking for a new restaurant and bingo facility at 626 and 608 York Street. FOR ACTION 7. Approval of minutes of April 25, 2001, and Closed Door Session of June 6, 2001. Adopted Yeas - 6 Nays - 0 8. Resolution - 01 -528 - Approving the 2001 -2002 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (Laid over from June 6 for adoption) Adopted Yeas - 6 Nays - 0 9. Resolution -01 -592 - Approving the Memorandum of Agreement between the City of Saint Paul and the Sheet Metal Workers International Association Local 410 for the 2001 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to June 20 10. Resolution -01 -593 - Approving the Memorandum of Agreement between the City of Saint Paul and United Association of Plumbers Local 434 for the 2001 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to June 20 11. Resolution -01 -594 - Approving the appointment, by Mayor Coleman, of Chuck Armstrong as Deputy Chief of Staff. Adopted Yeas - 6 Nays - 0 12. Resolution - 01 -595 - Approving the appointment, by Mayor Coleman, of Alayne Kantor as Assistant to the Mayor effective May 29, 2001. Adopted Yeas - 6 Nays - 0 13. Resolution - 01 -596 - Appointing outside counsel for Assistant Fire Chief Gary Olding in the case of Kathleen O'Connor and Julie Tossey vs. City of St. Paul, et al. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 3 of 7 14. Resolution - 01 -597 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at i864 1846 Carroll Avenue, 917 Jessamine Avenue East, 1577 Ashland Avenue, 819 Holly Avenue, 609 Capitol Boulevard, and 799 Smith Avenue South. Adopted as amended (819 Holly Avenue laid over to the July i$ 24, 2001, Property Code Enforcement Meeting) Yeas - 6 Nays - 0 15. Resolution - 01 -598 - Amending the financing and spending plans in the 2001 budget for the establishment of a budget to assist in the implementation of the requirements of the Government Accounting Standards Board Statement Number 34. Adopted Yeas - 6 Nays - 0 16. Resolution - 01 -599 - Authorizing the Department of Fire and Safety Services to accept a donation of $5,000.00 for the Honor Guard and $1,000.00 for the Fire Explorer Scout program from Saint Paul Fire Fighters Local 21 and set up the financing and spending plans in the Fire Responsive Services Fund for the donations. Adopted Yeas - 6 Nays - 0 17. Resolution - 01 -600 - Authorizing the Department of Fire and Safety Services to accept a donation of two bicycles and accessories from Saint Paul Fire Fighters Local 21. Adopted Yeas - 6 Nays - 0 18. Resolution - 01 -601 - Authorizing the Department of Fire and Safety Services to enter into a fire protection inspection and engineering agreement with the City of Richfield. Adopted Yeas - 6 Nays - 0 19. Resolution - 01 -602 - Accepting grants from the Department of Trade and Economic Development and the Metropolitan Council for the remediation of the Upper Landing. Adopted Yeas - 6 Nays - 0 20. Resolution - 01 -603 - Increasing the spending authority in Fund 149, Downtown Capital Projects Fund, by $1,660,000 to $16,318,102. Adopted Yeas - 6 Nays - 0 21. Resolution - 01 -604 - Approving additions to the financing and spending plans in the 2001 budget for a variety of regional park projects in many activity codes from additional funds received from the Metropolitan Council. Adopted Yeas - 6 Nays - 0 22. Resolution - 01 -605 - Extending the deadline for federal funds on the Highwood Bluff Preservation Project until December 31, 2001. Adopted Yeas - 6 Nays - 0 23. Resolution - 01 -606 - Adopting the Storm Water Permit Annual Report and Management Program as required by the City's federally mandated storm water discharge permit. Adopted Yeas - 6 Nays - 0 24. Resolution - 01 -607 - Authorizing the Police Department to enter into an agreement with the Washington County Agricultural Society to use the Washington County Fairgrounds on August 10, 2001, for the Saint Paul Recruit Academy Riot Control Training. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 4 of 7 25. Resolution - 01 -608 - Reinstating funding by the City to District 5 Payne- Phalen Planning Council. Adopted as amended Yeas - 6 Nays - 0 26. Resolution Approving Assessment - 01 -609 - In the matter of summary abatements (property clean- up) in April and May, 2001 (JO I04A); demolition of buildings in April and May, 2001 (JO I03C); boarding -up vacant buildings in March and April, 2001 (JO I03B); and towing abandoned vehicles from private property in January, 2001 (JO I04V), and setting date of Legislative Hearings for July 17, 2001, and City Council Hearings for July 25, 2001. Adopted Yeas - 6 Nays - 0 27. Resolution Approving Assessment - 01 -610 - In the matter of the Public Works sewer repair program for sanitary and /or storm sewer connections as requested by property owners, and setting date of Legislative Hearing for July 17, 2001, and City Council Hearing for August 1, 2001. (File 4SWRREPAIR) Adopted Yeas - 6 Nays - 0 28. Resolution Approving Assessment - 01 -611 - In the matter of 2001 replacement of lead water service connections as requested by property owners, and setting date of public hearing for August 1, 2001. (File 401 LD SCRPL) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 29. Resolution - 01 -509 - Ordering the owner to remove or repair the building at 923 Marion Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the property on the condition that a $2,000 bond is posted by noon on June 13, 2001.) (Laid over from June 6) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 30. Resolution - 01 -539 - Transferring $250,000 from the Greater Frogtown Facelift Loan Fund to their Comprehensive Housing Real Estate Fund (Rental Rehab Program). (Laid over from June 6) Adopted Yeas - 6 Nays - 0 31. Resolution - 01 -560 - Granting the application for a sound level variance by McGough Construction to allow excessive construction noise being caused by concrete trucks and concrete pumps at 236 Smith Avenue North on several dates beginning June 18, 2001, and ending approximately on August 13, 2001, (tentative dates are June 20, July 5, 17 & 31, and August 13) from 3:00 a.m. through 3:30 p.m. (Laid over from June 6) Adopted Yeas - 6 Nays - 0 32. Update on the Arts and Science Building by Brian Sweeney, Director, Department of Planning and Economic Development. (Laid over from June 6) An update was presented by Brian Sweeney and Jeff Nelson, Department of Planning and Economic Development. (See Suspension Items on Page 7) 33. Update from the Division of Parks and Recreation on their work with local youth, etc., regarding the feasibility of developing skate parks. (Update requested by the Council on June 6) An update was presented by Lori Sundelius, Division of Parks and Recreation. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 5 of 7 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. 34. Final Adoption - 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. (Laid over from May 23) Laid over to June 27 Yeas - 6 Nays - 0 35. Second Reading - 01 -559 - An ordinance finalizing City Council action approving a petition of Northern Star Company to rezone property at 1055 West Gate Drive from I -2 Industrial District to I -1 Industrial District. (Public hearing held April 25, 2001) Laid over to June 20 for third reading 36. First Reading - 01 -612 - An ordinance adopting zoning ordinance amendments related to the White Bear Avenue Small Area Plan and 40 Acre Study. Laid over to June 20 for second reading 37. First Reading - 01 -613 - An ordinance amending Saint Paul Legislative Code Section 310.18; increasing the malt off -sale license to cover enforcement costs and adjusting fees for mechanical amusement device licenses to comply with state law. Laid over to June 20 for second reading MISCELLANEOUS 38. Presentation by the American Cancer Society on their second annual community event entitled "Capitol City Relay for Life" on July 13 -14, 2001, at Highland Park High School. (Laid over from May 16) A presentation was made by CoriAhna Rude, Income Development Specialist, American Cancer Society. Suspension Items Resolution - 01 -614 - Authorizing the Department of Planning and Economic Development staff to proceed with the sale of the Arts & Science Center property to Music Tech and authorizing the Real Estate Division to continue the process of vacating the City's interest. Adopted Yeas - 6 Nays - 0 Resolution - 01 -615 - Approving the June 11, 2001, decision of the Legislative Hearing Officer's recommendation regarding the appeal of a summary abatement order for 705 Sims Avenue. (Legislative Hearing Officer recommends that the appeal be denied) Adopted Yeas - 6 Nays - 0 Resolution - 01 -616 - Accepting the Capital City Partnership's gift of travel and food for Councilmembers Bostrom and Reiter to participate with media events in various host cities in Minnesota regarding the promotion of Saint Paul's Taste of Minnesota Festival. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 6 of 7 Adopted as amended Yeas - 6 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. fi1eJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010 Page 7 of 7 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171633\Minutes 6 -... 12/15/2010