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Minutes 9-19-2001Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 19th, 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 - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items I - 22) 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 COUNCILMEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Marianne Burns, Steven Grunklee (2 claims), Robert D. Harris Trust (by Helen Resong Trustee), Linda Huerta, Rosemount Boating Center, Inc. Referred to the Risk Management Division 2. Summons in Application for Registration in the matter of the application of New York Bingo Palace, LLC, a Minnesota Limited Liability Company, to register title to real estate in Ramsey County. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 2 of 8 3. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on October 3, 2001, to consider the appeal of Cermak Rhoades Architects for the Great Northern Lofts development team to a decision of the Heritage Preservation Commission denying a demolition permit to raze the Wells Fargo Building and adjacent storage building at 267 -271 E. Kellogg Boulevard. 4. Letter from the Office of the City Attorney announcing that the administrative hearing previously scheduled for September 18, 2001, concerning all licenses held by DAG, Inc., dba Champps St. Paul, 2401 West 7th Street, has been re- scheduled to October 15, 2001, at 10:00 a.m., Room 220, St. Paul City Hall/Ramsey County Courthouse. 5. Letter from the Office of the City Attorney announcing that the administrative hearing previously scheduled for September 25, 2001, concerning the cigarette /tobacco license held by The Ale Room, Inc., dba The Buttery, 395 Robert Street North, has been re- scheduled to October 5, 2001, at 9:30 a.m., Room 41, St. Paul City Hall/Ramsey County Courthouse. 6. Administrative Orders: D002066 Authorizing expenditures, not to exceed $30,000.00, for various performers and events for Harriet Island's Target Family Day on September 8, 2001. D002067 Authorizing the proper City officials to enter into an agreement with Melrose Pyrotechnics to provide a fireworks display for Harriet Island's Target Family Day on September 8, 2001. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of August 15, 2001. Adopted Yeas - 7 Nays - 0 8. Resolution - 01 -967 - Approving the application for an Auto Repair Garage, Alarm Permit (New), and False Alarms Licenses by Thanh T. Mai, dba Jordon's Auto Service, 601 Rice Street. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 7 Nays - 0 9. Resolution - 01 -968 - Adopting a summary of the Macalester - Groveland Plan as part of the City's Comprehensive Plan. Laid over to October 3 Yeas - 7 Nays - 0 10. Resolution - 01 -969 - Increasing spending authority in the Office of Financial Services to allow payment of optional Phases II and III of the Financial Information System Study if selected by the Finance System Team, the Finance System Steering Team, and the Director of the Office of Financial Services. Adopted Yeas - 7 Nays - 0 11. Resolution - 01 -970 - Authorizing the appropriate City officials to enter into a Certified Local Government Grant Agreement with the Minnesota Historical Society for the purpose of creating and installing signage which would identify each of the City's five historic preservation districts. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 3 of 8 12. Resolution - 01 -971 - Authorizing the Department of Fire and Safety Services to accept a donation of $5,000.00 from the Saint Paul Companies for the Risk Watch program. Adopted Yeas - 7 Nays - 0 13. Resolution - 01 -972 - Authorizing the Department of Fire & Safety Services to enter into a medical direction pre- hospital agreement with Regions Hospital. Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -973 - Changing the rate of pay for the class titled "Deputy LIEF Director - Customer Service" in the Salary Plan and Rates of Compensation. Adopted Yeas - 7 Nays - 0 15. Resolution - 01 -974 - Approving the City's contract with Saint Paul Neighborhood Network (SPNN) for the provision of government access services for playback of Channel 18 programming and distribution of Channel 18 schedule. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -975 - Approving renewal of the City's contract with Saint Paul Neighborhood Network (SPNN) for the provision of Public and Educational access services and community programming. Laid over to September 26 Yeas - 7 Nays - 0 17. Resolution - 01 -976 - Approving disbursement of Youth Program Funds to the following organizations: (The) Broom Closet, City Swimmers, Dunning Boosters, Eastside Wrestling Organization, Harding Area Girl's FP Softball Association, Harding Area Youth Association, Johnson Area Youth Activities Association, Lower Eastside Football Association, Merriam Park Booster Club, St. Paul Midway Little League, Twin Star Baseball Club, Venture Crew 4613 - BSA, Walker West Music Academy, and Youth Express. Adopted Yeas - 7 Nays - 0 18. Resolution - 01 -977 - Approving the following organizations to the 10% Club for 2001: Eastside Wrestling Organization, North Dale Recreation Center Booster Club, and Rice /Lawson Recreation Center Booster Club. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -978 - Suspending the restaurant license of Erwin Utech, dba Pizza Man, 1563 Como Avenue, for failure to pay license fees. Adopted Yeas - 7 Nays - 0 20. Resolution - 01 -979 - Suspending the Saint Paul City Contractor - General Installation License held by Quick Set Panels Corporation, 801 Hubbard Avenue, for failure to maintain a current performance bond. Adopted Yeas - 7 Nays - 0 21. Preliminary Order - 01 -980 - In the matter of improving the alley in Mary McManuss Rearrangement of Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page) by grading and paving with a bituminous material, and setting date of public hearing for November 7, 2001. (File 418951) Adopted Yeas - 7 Nays - 0 22. Preliminary Order - 01 -981 - In the matter of condemning and taking an easement in the land file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 4 of 8 necessary for the slopes, cuts, and fills in the grading and paving of Mary McManuss Rearrangement of Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page), and setting date of public hearing for November 7, 2001. (File 418951 S) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 23. Report from Council Research Center, in consultation with the Police Department and Administration, regarding the development of a program to educate members of the community on the provisions of the Racial Profiling Agreement. (Request per Council File 01 -684 adopted on July 11, 2001; laid over from September 5) No additional information was required from the update presented on September 5. 24. Update by the Police Department on data compiled (absent individual officer identification), as well as efforts developed, implemented strategies and practices used to prevent racial profiling. (Requested by the City Council per Council File 01 -520 adopted on July 11, 2001; laid over from September 12) An update was presented by Chief William Finney, Police Department. 25. Report from the Council Research Center and City Attorney's Office regarding their review of the negotiated agreement between the Police Department and the local chapter of the NAACP and discussions between interested parties and community groups to determine City policy. (Requested by the City Council per Council File 01 -520 adopted on July 11, 2001; laid over from September 12) A report was presented by Chief William Finney, Police Department. 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. 26. Final Adoption - 01 -865 - An ordinance memorializing City Council action granting the application of the City of Saint Paul to rezone property from P -1 (parking district) to RT -2 (fourplex /townhouse residential) to allow the historic Armstrong House to be moved to 235 Chestnut Street and restored as housing. (Public hearing held July 11, 200 1) Adopted Yeas - 6 Nays - 0 (Reiter not present for vote) 27. Second Reading - 01 -964 - An ordinance memorializing City Council action taken August 15, 2001, granting the application of ALCORN, Inc. to rezone property from B -2 to B -3 to allow for construction of an auto repair station at 1581 Ford Parkway between Snelling and Macalester Avenues. (Public hearing held August 1, 2001) Laid over to September 26 for third reading 28. First Reading - 01 -982 - An ordinance placing the position titled Library Director in the unclassified service pursuant to Section 12.02.2(H) of the City Charter. Laid over to September 26 for second reading 29. First Reading - 01 -983 - An ordinance memorializing City Council action granting the application of Richard Harnden to rezone property from B -2 (Community Business) to B -3 (General Business) to allow indoor auto sales at 459 Toronto Street. (Public hearing held August 22, 100 1) Laid over to September 26 for second reading file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 5 of 8 PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 30. Third Reading - 01 -864 - Amending Chapter 331A of the Saint Paul Legislative Code; properly citing state law for Food Manager Certification. Laid over to September 26 for final adoption 31. Third Reading - 01 -909 - An interim ordinance pursuant to Minnesota Statute 462.355, Subdivision 4, preserving the status quo with respect to the use of property in the area located on Prior Avenue, north of University Avenue, east of the railroad right -of -way, and south of Minnehaha Avenue (a parcel presently occupied by the Knox Lumber Company) pending completion of the study and any possible amendments to the City's Comprehensive Plan or Zoning Ordinance necessary to give effect to the study. Laid over to September 26 for final adoption 32. Third Reading - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code altering the hearing requirements for revocation of a provisional taxicab driver's license. Laid over to September 26 for final adoption 33. Resolution - 01 -984 - Concerning adverse action against the Cigarette /Tobacco License held by L & S Automotive, Inc., dba Parkway Amoco, 304 Wheelock Parkway East. Laid over to October 3 Yeas - 7 Nays - 0 34. Resolution - 01 -985 - Denying the Renewal Application for a Taxicab Driver's License by Margaret M. Outwater. Laid over to October 3 Yeas - 7 Nays - 0 35. Resolution - 01 -986 - Denying the license application of D & M Tuscany, Inc., dba Tuscany Grill & Pizzaria, 1051 Hudson Road, for failure to complete restaurant project. Laid over to October 3 Yeas - 7 Nays - 0 36. Public hearing to consider the report of the Administrative Law Judge concerning the Auto Repair Garage License held by Felipe Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge (License suspended until all conditions have been met including payment of $500 fine) Adopted Yeas - 7 Nays - 0 37. Resolution - 01 -902 - Ordering the owner to remove or repair the building at 393 Sidney Street East within fifteen (15) days from adoption of resolution. (Laid over from August 22) (Legislative Hearing Officer recommends laying over to the October 2, 2001, Legislative Hearing and the October -2-3 2001, City Council Meeting) Laid over to October 24 Yeas - 7 Nays - 0 38. Resolution - 01 -987 - Ordering the owner to remove or repair the building at 1124 Conway Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 39. Resolution - 01 -988 - Ordering the owner to remove or repair the building at 245 Front Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 6 of 8 40. Resolution - 01 -989 - Ordering the owner to remove or repair the building at 847 Lexington Parkway South within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the November 6, 2001, Legislative Hearing and the November 28, 2001, City Council Meeting) Laid over to November 28 Yeas - 7 Nays - 0 41. Resolution - 01 -990 - Ordering the owner to remove or repair the building at 62 Winifred Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 42. Resolution Ratifying Assessment - 01 -991 - In the matter of the assessment of benefits, cost and expenses for grass cutting (by private contractor) (JO IO2G), during May, June and part of July, 2001; summary abatements (property clean -up) (J0105A) during June and part of July, 2001; boarding -up of vacant building (JO 10413) during June and part of July, 2001; demolition of vacant building (JO 104C) during June and part of July, 2001; and abandoned vehicles towed from private property (J0105V) during February and March, 2001. (Legislative Hearing Officer recommends approval with the following exceptions: 914 Concordia Avenue (J0105A) - delete the assessment; 1595 Thomas Avenue (J0105V) - delete the assessment; 408 Banfil Street (J0105A) - reduce the assessment to $50.00 plus the $45.00 service fee for a total assessment of $95.00; 462 Edmund Avenue (J0105V) - delete the assessment; 967 Edgerton Street (J0105V) - delete the assessment; 65 Winnipeg Avenue (J0105V) - delete the assessment; 291 Topping Street (J0105V) - delete the assessment) The City Council also included the following amendments: 376 Maryland Avenue East (J0105V) - Referred to the October 2, 2001, Legislative Hearing and the October 3, 2001, City Council Meeting. 605 East Magnolia Street (J0105A) - delete the assessment 664 Edmund Avenue (J0102G) - Referred to the October 2, 2001, Legislative Hearing and the October 3, 2001, City Council Meeting. Adopted as amended (including the Legislative Hearing Officer's recommendations) Yeas - 7 Nays -0 43. Appeal of Walter Montpetit to a summary abatement order for property located at 1598 Hazel Street North. (Legislative Hearing Officer recommends laying over to the September 25, 2001, Legislative fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 7 of 8 Hearing and the October 3, 2001, City Council Meeting) Laid over to October 3 Yeas - 7 Nays - 0 44. Final Order In Condemnation Proceedings - 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 from July 25) Laid over to December 5 Yeas - 7 Nays - 0 45. Resolution Ratifying Assessment - 01 -992 - In the matter of approving the assessment of benefits, costs and expenses for the Page /Manomin Area Paving and Lighting Project. (File 41893 1) Adopted Yeas - 7 Nays - 0 46. Resolution Ratifying Assessment - 01 -993 - In the matter of approving the assessment of benefits, costs and expenses for the Charles /Griggs RSVP Paving and Lighting Project. (File 418936) Adopted Yeas - 7 Nays - 0 47. Resolution Ratifying Assessment - 01 -994 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction in Wards land 7 (work already done). (OOWALKS1) Adopted Yeas - 7 Nays - 0 48. Resolution Ratifying Assessment - 01 -995 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction in Wards 2 and 4. (OOWALKS2) Adopted as amended (1860 Chelton Avenue - laid over to October 3) Yeas - 7 Nays - 0 49. Resolution Ratifying Assessment - 01 -996 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction in Wards 5 and 7 (work already done). (OOWALKS3) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 50. Resolution Ratifying Assessment - 01 -997 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction in Wards 1, 3 and 6 (work already done). (OOWALKS4) Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 51. Public hearing to consider the application of Parkway Place Housing LLC to rezone property from R- 4 and B -1 to RM -2 to develop and operate an apartment project containing a minimum of 114 units for senior residents (more than 55 years of age) and related activities at the north side of Hudson Road between Johnson Parkway and Frank Street. Motion of Intent - Application granted (Petition granted to rezone and adopted the findings and recommendations of the Planning Commission as contained in their resolution 401 -73 dated August 24, 2001, with the following amendment: "up to" 114 units Yeas - 7 Nays - 0 52. Public hearing to consider the application of Lisa Kamp to rezone property from R -4 (single - family residential) to B -1 (local business) to allow for combining with an adjacent B -1 zoned parcel in order to construct an accessory garage for the residence at 395 West Cook Avenue. Motion of Intent - Application granted (Petition granted to rezone and adopted the findings and recommendations of the Planning Commission as contained in their resolution 401 -72 dated August 24, 2001.) Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010 Page 8 of 8 Susbension Item Resolution - 01 -998 - Amending Council File 01 -12 adopted on January 3, 2001, by ordering the owner to remove or repair the building at 783 Fuller Avenue within 120 days from adoption of resolution. Adopted Yeas - 7 Nays - 0 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 —l\ Temp \ELF20101215_122119\Minutes 9 -... 12/15/2010