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Minutes 9-26-2001Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 26th, 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 • Public Hearings • Ordinances • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 21) 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 Group (for Roxanne Humenik), Steven Aspin, Law Offices of Richard F. Carlson, Jr. (for Julie Paul), Gayle Porter, Matthew Rodewald, Colleen Rawson, and Chia Yang. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Faye Marie Schneider vs. the City of St. Paul and Como Zoo. Referred to the City Attorney's Office 3. Communication from Faegre & Benson LLP regarding Torrens Registration by Northeast Quadrant fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010 Page 2 of 6 LLC. Referred to the City Attorney's Office 4. Communication from District Cooling St. Paul, Inc. regarding District Cooling rates effective October 2001. Referred to the City Attorney's Office 5. Communication from District Energy St. Paul, Inc. regarding District Heating Rates effective October 2001. Referred to the City Attorney's Office 6. Minnesota Pollution Control Agency public notice of intent to reissue national pollutant discharge elimination system and state disposal system; Minnesota Brewing Company and its Subsidiary Gopher State Ethanol LLC. Referred to the City Attorney's Office 7. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 950 Clark Street and 1619 7th Street East as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary) 8. Administrative Order: D002068 Returning surplus Desnoyer Park CIB funds to contingency and reallocating the funds to enable contract award for Edgcumbe Recreation Center Tennis Court Reconstruction. D002069 Authorizing payment, not to exceed $1,300.00, to Samuel Verdeja, Parks and Recreation Commission Chair, for expenses incurred while attending the 2001 National Parks and Recreation Association Congress on October 2 -8, 2001, in Denver, CO. D002070 Closing out a number of completed CDBG funded parks project and increasing funding at Dunning Recreation Center project. Noted as on file in the City Clerk's Office FOR ACTION 9. Approval of minutes of August 22, 2001. Adopted Yeas - 7 Nays - 0 10. Resolution - 01 -999 - Accepting the 2002 -2003 Community Health Services (CHS) Plan Update and the Saint Paul Maternal and Child Health Grant for submission to the Ramsey County Board for their approval and submission to the Minnesota Department of Health. Adopted Yeas - 7 Nays - 0 11. Resolution - 01 -1000 - Approving the application for a Second Hand dealer -Motor Vehicle License by Thomas M. Vang, dba Midsnelling Auto, 591 Snelling Avenue North. (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010 Page 3 of 6 12. Resolution - 01 -1001 - Agreeing to protect, indemnify and hold harmless the National Hockey League, the Minnesota Hockey Ventures Group L.P., and Minnesota Wild hockey team and their officers, agents and employees from any damages, costs, expenses, claims or causes of action arising from the City's involvement in the youth "street hockey" program called NIKE/NHL Street Program (The Program). Adopted Yeas - 7 Nays - 0 13. Resolution - 01 -1002 - Amending the budget in the Division of Code Enforcement to authorize use of Weed and Seed grant monies for the ECON and Railroad Island districts and to enter into contracts with said districts. Adopted Yeas - 7 Nays - 0 14. Resolution - 01 -1003 - Authorizing the Human Rights Department to receive a grant from The Minneapolis Foundation for the Social Policy Prevention Strategy (Prejudice Isn't Welcome). Adopted Yeas - 7 Nays - 0 15. Resolution - 01 -1004 - Authorizing the Director of Public Works to sign the Preliminary Capital Assistance program grant application on behalf of the City. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -1005 - Providing sufficient funding at the budget control level of the Division of Parks and Recreation's 2001 Grants /Aid Special Revenue Fund. Adopted Yeas - 7 Nays - 0 17. Resolution - 01 -1006 - Authorizing the Department of Fire and Safety Services to accept a grant of $99,874.00 for Emergency Management from the U.S. Department of Justice, Domestic Preparedness Equipment Support Program. Adopted Yeas - 7 Nays - 0 18. Resolution - 01 -1007 - Authorizing the Department of Fire and Safety Services to enter into a contract to participate in the development of a Metropolitan Medical Response System (MMRS) with the City of Minneapolis in conjunction with the Department of Health and Human Services. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -1008 - Authorizing the Police Department to enter into an agreement with the State of Minnesota in order for the Police Department to provide ordnance disposal services to other municipalities within the State of Minnesota. Adopted Yeas - 7 Nays - 0 20. Resolution - 01 -1009 - Authorizing the Police Department to enter into an agreement with the State of Minnesota in order for the Police Department to provide psychological consultation to the Peace Officers Standards and Training Board. Adopted Yeas - 7 Nays - 0 21. Resolution - 01 -1010 - Authorizing the Police Department to enter into an agreement with the U.S. Department of Justice, Drug Enforcement Administration, to participate in an Organized Drug Enforcement Task Force. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010 Page 4 of 6 22. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder Street between Blake Avenue and Gordon Avenue as part of the Knapp- Hillside RSVP Project. (Laid over from September 12) Failed Yeas - 3 Nays - 4 (Bostrom, Coleman, Lantry, Reiter) 23. Final Order in Condemnation Proceedings - 01 -906 - In the matter of condemning and taking of property rights as required for construction of Phalen Boulevard between Mississippi Street and Payne Avenue. (File 418947 -A) (Adopted by the City Council on August 22, 2001, reconsidered and laid over from September 5; laid over from September 12) Laid over to November 14 Yeas - 7 Nays - 0 24. 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 from September 19) Adopted as amended Yeas - 7 Nays - 0 25. Eighteen -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 March 28, 2001) An update was provided by Kathy Megarry, Labor Relations Director. Public Hearings - (No public hearings on this date) 26. 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 May 2) (Legislative Hearing Officer recommends laying over to the September 25 Legislative Hearing and October 3 City Council Meeting) (Note: This item will be laid over to October 3 as there will be no public hearing on this date) Laid over to October 3 Yeas - 7 Nays - 0 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 27. Final Adoption - 01 -864 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code; properly citing state law for Food Manager Certification. Adopted Yeas - 7 Nays - 0 28. Final Adoption - 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. Adopted Yeas - 7 Nays - 0 29. Final Adoption - 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. Substitute introduced and laid over to October 3 for final adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010 Page 5 of 6 Yeas - 7 Nays - 0 30. Third 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 October 3 for final adoption 31. Second 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 October 3 for third reading /public hearing 32. Second Reading - 01 -983 - An ordinance memorializing City Council action granting the application of Richard Hamden 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, 1001) Laid over to October 3 for third reading Susbension Items Susan Kimberly, Deputy Mayor, presented a communication dated September 26, 2001, from Mayor Norm Coleman, regarding his actions surrounding City security for the citizens of Saint Paul. They are as follows: 1) Calling for an additional Police Academy as soon as is feasible to ensure that the staffing levels within the Police Dept are at the full force of 578 officers before the end of this year. 2) Requesting Chief Fuller, Fire and Safety Services Department, to perform an internal review within ten working days to assess the City's preparedness regarding terroristic threats and biochemical acts of terror. 3) City to work in concert with the newly developed national Homeland Security Commission to ensure that all of Saint Paul's efforts are in line with the overall direction being called for by our nation's leaders. 4) Calling upon national experts to objectively look at the City's security situation and make any necessary recommendations to ensure continued safety. 5) Directing all of these efforts to be coordinated with other local municipalities and their leaders. Clayton Robinson, City Attorney, provided a summary of the City Council's Closed Session of September 26, 2001 regarding the case of the City of Saint Paul vs. Gopher State Ethanol, et al. The City Council and the Mayor's administration have instructed him to proceed with the scheduling of a hearing on the City's Motion for a Temporary Injunction, which the court will be asked to direct the plantiffs to immediately abate all of their nuisance activities at the West Seventh Street facilities. He has scheduled the hearing for Thursday, November 15, 2001, at 1:30 p.m. before the Honorable Charles A. Flinn of the Ramsey County District Court. First Reading - 01 -1011 - An ordinance amending the interim ordinance in Council File No. 01 -648 which established the Arcade Street Study Area and which imposed a moratorium on the use of property in the study area pending completion of the study and any possible amendments to the City's Comprehensive Plan or zoning ordinances deemed necessary to give effect to the study. Laid over to October 3 for second reading Yeas - 7 Nays - 0 Weh.cite For an updated copy of our City Council Meeting agendas or minutes, please visit our website at www. ci. stpaul. inn. us /council. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010 Page 6 of 6 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 Agendasare 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. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121948\Minutes 9 -... 12/15/2010