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Approved Minutes 2-27-2002Page 1 of 14 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 27, 2002 - 3:30 - 5:00 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Public Hearings The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived following roll call) CONSENT AGENDA (Items I - 26) 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. Nancy Anderson, Assistant Secretary to the Council, noted that a request was received from the Office of LIEP to withdrawn Item 10. Councilmember Lantry requested Item 14 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Adopted as amended Yeas - 7 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Beth Engels, Harry Cleveland Grounds, George Habermaier, Judith Hasse, and Robins, Kaplan, Miller & Ciresi L.L.P. (for next of kin of decedent Virginia L. Bailey). Referred to the Risk Management Division fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 2 of 14 2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 6, 2002, concerning the report of the Administrative Law Judge on the Wrecker /Towing License held by A -1 Able Towing, 14 E. Acker Street. 3. Letter from the Real Estate Division announcing a public hearing before the City Council on March 20, 2002, to consider the petition of Christenson Corporation to vacate city right -of -way in the area bounded by Davern Street, Norfolk Avenue, and West Seventh Street in order to construct a new mixed use development 4. Administrative Orders: D002113 Transferring $300,000 of E- Government funds in the Department of Technology and Management Services to a separate activity under the control of Information Services. D002114 Authorizing the Department of Fire and Safety Services to pay costs, not to exceed $200.00, for the State Hazmat Response Program quarterly Team Advisory Committee meeting on February 13, 2002. Noted as on file in the City Clerk's Office FOR ACTION 5. Approval of minutes of February 20, 2002. Adopted Yeas - 7 Nays - 0 6. Resolution - 02 -138 - Denying the application for a Massage Practitioner's License by Jim R. Weiss, 411 Cedar Street, for failure to submit required documentation. Adopted Yeas - 7 Nays - 0 7. Resolution - 02 -139 - Denying the Waste Hauler's License application by ABC Roll Off, Lindstrom, MN. Adopted Yeas - 7 Nays - 0 8. Resolution - 02 -140 - Suspending the City Contractor - General Installation License held by Castlewall, Inc., Pine Springs, MN. Adopted Yeas - 7 Nays - 0 9. Resolution - 02 -141 - Suspending the Courtesy Bench License held by All American Courtesy Bench Company, Chaska, MN. Adopted Yeas - 7 Nays - 0 10. Resolution - 02 -142 - Concerning adverse action against the Cigarette /Tobacco License held by Golden Dove, Inc., dba Superserve, 568 Maryland Avenue West. Withdrawn Yeas - 7 Nays - 0 11. Resolution - 02 -143 - Memorializing City Council action taken February 6, 2002, imposing adverse action against the Cigarette /Tobacco License held by Walter and Gloria Herbst, dba Herbst Food Market, 779 Raymond Avenue. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 3 of 14 12. Resolution - 02 -144 - Memorializing City Council action taken February 6, 2002, imposing adverse action against the licenses held by the Ale Room, Inc., dba The Buttery, 395 Robert Street North. Adopted Yeas - 7 Nays - 0 13. Resolution - 02 -145 - Announcing a public hearing before the City Council on March 6, 2002, to receive public input on the renaming of a St. Paul Street after Dr. Martin Luther King, Jr. Adopted Yeas - 7 Nays - 0 14. (Discussed after the consent agenda) 15. Resolution - 02 -147 - Granting consent for the issuance of 2002 tax - exempt bonds by the Saint Paul Port Authority for District Cooling's Phase 6 Expansion and approving subordination of the City's interest in a loan to District Cooling. Adopted Yeas - 7 Nays - 0 16. Resolution - 02 -148 - Authorizing the Division of Parks and Recreation to apply to the Minnesota Department of Natural Resources Regional Trail Grant Program for the Indian Mounds Regional Park/Bruce Vento Regional Trail Link Program, and authorizing the proper City officials to execute such agreements as are necessary to implement this project on behalf of the City. Adopted Yeas - 7 Nays - 0 17. Resolution - 02 -149 - Authorizing the Division of Parks and Recreation to apply to the Minnesota Department of Natural Resources Local Trail Connections Grant Program for funding for the North Lexington Parkway Pedestrian /Bicycle Trail Tunnel project, and authorizing the proper City officials to execute such agreements as are necessary to implement this project on behalf of the City. Adopted Yeas - 7 Nays - 0 18. Resolution - 02 -150 - Authorizing the Division of Parks and Recreation to apply to the Minnesota Department of Natural Resources National Recreation Trail Program for funding for the North Lexington Parkway Pedestrian /Bicycle Trail Tunnel project, and authorizing the proper City officials to execute such agreements as are necessary to implement this project on behalf of the City. Adopted Yeas - 7 Nays - 0 19. Resolution - 02 -151 - Naming the new North Quadrant park "Wacouta Commons." Adopted Yeas - 7 Nays - 0 20. Resolution - 02 -152 - Accepting a "Juvenile Accountability" Incentive Block Grant from the Minnesota Department of Economic Security, Workforce Services Branch, authorizing the City to enter into an agreement, and authorizing Police Chief William Finney to implement an agreement. Adopted Yeas - 7 Nays - 0 21. Resolution - 02 -153 - Accepting a "Promoting Cooperative Strategies to Reduce Racial Profiling" grant from the U.S. Department of Justice, and establishing a 2002 financing and spending plan for the grant. Adopted Yeas - 7 Nays - 0 22. Resolution - 02 -154- Approving the financing and spending plans in the Fire Responsive Services Fund for the Department of Fire and Safety Services' third annual awards banquet on January 24, 2002. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 4 of 14 23. Preliminary Order - 02 -155 - In the matter of acquiring property rights for the Lafayette Road from Grove Street to University Avenue project, and setting date of public hearing for March 20, 2002. (File No. AE2001 -11) Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 02 -156 - In the matter of approving the widening and reconstruction of Lafayette Road from Grove Street to University Avenue and all work as needed to complete said improvements, and setting date of public hearing for March 20, 2002. (File No. AE2001 -11) Adopted Yeas - 7 Nays - 0 25. Preliminary Order - 02 -157 - In the matter of the restoration and reconstruction of East Como Lake Drive from the Wheelock- Victoria intersection, northwest along the shore of Lake Como to the Lexington Parkway intersection, and setting date of public hearing for March 20, 2002. (File No. L02- 10-06) Adopted Yeas - 7 Nays - 0 26. Resolution Approving Assessment - 02 -158 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during part of July 2001 to January 2002 (JO106A); grass cutting (by private contractor) during part of July 2001 through November 2001 (JO I03G); boarding -up vacant buildings from July 2001 through December 2001 (JO I05B); towing abandoned vehicles from private property for part of April 2001 to July 2001 (JO I06V); demolition of vacant buildings during part of July 2001 through January 2002 (JO105C); providing weekly garbage hauling service for the fourth quarter of 2001 (JOITRASHQ4), and setting date of public hearing for April 24, 2002. Adopted Yeas - 7 Nays - 0 14. Resolution - 02 -146 - Requesting Mayor Kelly to enter into discussions with the appropriate officials regarding merging the City of Saint Paul and County of Ramsey public library systems. Councilmember Lantry stated that the idea of merging the libraries has been explored in the past and there were obstacles at that time which would not have saved any money. She suggested that not a lot of time be put into exploring this issue. Council President presented amendments to the resolution which Councilmember Blakey accepted as friendly. The Council directed Council Research to provide the City Council with previous studies that have been prepared on this issue, when they were conducted, and what the perimeters were of the studies and present their findings at the March 13 City Council meeting. Councilmember Blakey moved approval of the amendments and to lay over two weeks. Amended and laid over to March 13 Yeas - 7 Nays - 0 FOR DISCUSSION 27. Resolution - 02 -127 - Approving Stipulation concluding lawsuit of DeLite Outdoor Advertising, Inc. and McCullough Companies against the City of Saint Paul. (Laid over from February 20) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 5 of 14 Councilmember Blakey moved approval. Adopted Yeas - 5 Nays - 2 (Benanav, Lantry) 28. Resolution - 02 -128 - Rescinding adverse action (Council File 401 -843) against the sign contractor's license held by DeLite Outdoor Advertising, Inc. for the billboard at I -94 and Vandalia Street and the sign at 1654 Pierce Butler Route. (Laid over from February 20) Councilmember Blakey moved approval. Adopted Yeas - 5 Nays - 2 (Benanav, Lantry) Todd Hurly, Office of Financial Services appeared on Items 29 -31. He distributed recommendations on the bond sale from Springsted and substitute pages for each resolution showing the results of the bond sale which was held on this date. Prior to the sale the City was reviewed by Moody's Rating Agency and Standard and Poors Rating Agency. Moody's reaffirmed their rating for the City at AA2 with a stable outlook meaning these bonds that were sold are high quality by all standards. Standard and Poors reaffirmed the City's AAA rating which is the highest possible rating for a city keeping St. Paul at one of about 40 cities in the nation with a AAA rating. The results of the bond sale were excellent, Hurley said. One of the reasons is they feel they got to the market at a great time. There was low supply for this type of paper on the market on this date and they also hit at historically low interest rates. Overall, there is a strong demand for Minnesota papers, specifically St. Paul paper and also because St. Paul has a strong bond rating. These accommodations resulted in the lowest interest rates recorded in history for St. Paul for the CIB and Street Bonds. 29. Resolution - 02 -159 - Accepting the winning proposal and awarding the bid for the $19,000,000 G.O. Capital Improvement Bonds Series 2002A. Todd Hurley said the City received three bids on the Capital Improvement Bonds with the lowest rate of $3.71 coming from U.S. Bancorp Piper Jaffray. Councilmember Lantry moved approval. Adopted as amended Yeas - 7 Nays - 0 30. Resolution - 02 -160 - Accepting the winning proposal and awarding the bid for the $2,915,000 G.O. Street Improvement Special Assessment Bonds Series 2002B. Todd Hurley explained that this was to award the winning bid on the Street Improvement Bonds. These bonds were sold for two purposes: 1) $1 million of new money for two street paving and lighting projects; 2) the remaining $1.915 million was for the purpose of refunding the 1991 and 1992 street bonds. Three bids were received on these bonds with the lowest rate of 3.9% also coming from U.S. Bancorp Piper Jaffray. Councilmember Lantry moved approval. Adopted as amended Yeas - 7 Nays - 0 31. Resolution - 02 -161 - Accepting the winning proposal and awarding the bid for the $2,335,000 G.O. Taxable General Obligation Riverfront Tax Increment Refunding Bonds Series 2002C. Todd Hurley stated that these bonds are for the purpose of refunding the 1993D General Obligation fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 6 of 14 Bonds on the Riverfront. They have maturities extending through 2012 and the bonds that have been refunded had an average annual interest rate of 7.92 %. Seven bids were received on the Riverfront Bonds with the lowest bid coming from United Bankers' Bank in Bloomington, MN with a low bid of 5.28 %. Councilmember Harris noted that during the budget hearings, Peter Hames, Director of the Department of Financial Services, requested a 5 %, the Council argued for a 4% and a compromise of 4.5% was reached. There is a savings of almost a full percentage point in debt service. He asked what that would translate to from an annual standpoint. Mr. Hurley responded that he would provide the Council with the actual numbers but the savings is about 8% for budget year 2002. One of the main reasons why they budget at a number is through their conservative budgeting and it is one of the reasons why Standard and Poors keeps St. Paul at an AAA rating. Councilmember Lantry moved approval. Adopted as amended Yeas - 7 Nays - 0 32. Update from the Citizen Service Office on their response to the Council Research Performance Audit. (A twelve -month update was requested by the Council on August 22, 2001) Don Luna, City Clerk, reported that a lot has been accomplished in the Citizen Service Office in the past six months and more accomplishments will come in the next six months. He said the new leadership in the Marketing Division and in the Citizen Service Office will provide the citizens of St. Paul with the service that they have been mandated to provide and they will do it responsibly, efficiently, and thoroughly. Mr. Luna said his goal was to "zero out" all of the recommendations made in the Performance Audit; to determine what the questions are, what the areas of concern are, and find solutions. He said he challenged the office to be creative and he has asked the employees to learn new things, to explore areas that are affected by the Citizen Service Office, and use their expertise to make sure better service is provided. In response to a question raised by Councilmember Benanav as to whether or not complaints can still be accessed by Planning District, Mr. Luna responded that they can. In fact, each Ward as the ability to retrieve this information with the Amanda System. He indicated he has requested that his staff implement a survey to determine if users are satisfied with the system. An eighteen -month update will be presented to the City Council on August 28, 2002. 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 CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER 33. First Reading - 02 -162 - An ordinance amending Ordinance 96 -1504 relating to bonds of the Port Authority of the City of Saint Paul to which are pledged the full faith, credit and resources of the City of Saint Paul relating to the Williams Hill Tax Increment Financing District and Hazardous Substance Subdistrict therein. Laid over to March 6 for second reading The meeting was recessed from 4:16 p.m. - 5:30 p.m. fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 7 of 14 Roll Call: Present - 7 Absent - 0 PUBLIC HEARINGS 34. Third Reading - 02 -125 - An ordinance amending Chapter 18 of the Saint Paul Legislative Code to correct language authorizing the Legislative Hearing Officer to hear appeals of decisions related to Newsracks. No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 6 for final adoption 35. Public hearing to consider the report of the Administrative Law Judge concerning the Taxicab Driver License held by Wayne L. Ellis. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP), appeared. She stated that Mr. Ellis had applied for a Taxicab Driver Renewal License and in doing the record check it was found that he had a DWI in October, 1999, which under the ordinance would have disqualified him as a taxicab driver. Mr. Ellis requested a hearing before an Administrative Law Judge (ALJ) in order to show proof of his rehabilitation. The ALJ recommended that Mr. Ellis be issued a license and the Office of LISP recommended the Council adopt the ALJ's report and recommendation. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and to adopt the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge. (2001 taxicab driver's license application approved) Yeas - 7 Nays - 0 36. Public hearing to consider the report of the Administrative Law Judge concerning the licenses held by Jefferson Enterprises, Inc., dba Jefferson Auto Repair, 975 W. Minnehaha Avenue. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP), stated that this matter involved a recommendation for adverse action based upon a number of allegations. At the time of the Administrative Law Judge (ALJ) hearing, counsel for the licensee and the Office of LIEP stipulated to the facts and to the appropriate penalty. The Office of LIEP recommended that the Council adopt the report of the ALJ. Councilmember Blakey stated that he would abstain from voting on this issue. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge. (Auto repair garage license suspended) Yeas - 6 Nays - 0 Abstention - 1 (Blakey) 37. Third Reading - 02 -107 - An ordinance amending Section 310.19 of the Saint Paul Legislative Code by making the license fee schedule consistent with Section 310.18. (Laid over from February 13) No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 6 for final adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 8 of 14 38. Third Reading - 02 -70 - An ordinance amending Section 32.01 of the Saint Paul Administrative Code pertaining to compensation of the City Council in accordance with the applicable provisions of state law and the City Charter. George Latimer, 754 Linwood, St. Paul, appeared and spoke in support of the ordinance. He felt stabilizing an increase of the salary for City Council Members and tieing it to the Mayor's salary was a good move. Under the proposed ordinance, the change would not take place until 2004. It would be permanently pegged to the Mayor's salary at 50 %. The important point, Latimer said, is that the Mayor's salary is increased incrementally without a vote by the Council by pegging it to the Supervisors' Contract. He said he feels it is good policy; it takes the salaries out of the electoral - political kind of battling that might go on and which would not be productive. Further, it would reflect the true value of the Council's worth. No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 6 for final adoption 39. Resolution - 02 -163 - Granting the application for a sound level variance by Richard Kelly, Kelly's Depot Bar, 241 Kellogg Boulevard East, to allow live music inside a closed tent on March 15, 2002, from 8:00 p.m. to midnight, and March 16, 2002, from 2:00 p.m. to midnight during the St. Patrick's Day celebration. Kris Schweinler, Office of License, Inspections and Environmental Protection (LISP), appeared and reported that the neighbors were notified of this request for a sound variance and no comments, concerns, or objections were received. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 40. Resolution - 02 -164 - Approving the petition of Cheryl Jean Lake to vacate that part of the alley lying south of the westerly extension of the north line of Lot 8, Block 120, West St. Paul Proper. (Alley opened on November 16, 1944, in the said Block 120.) Cheryl Lake, owner of the property at 637 -639 Stryker, appeared. The land in question was originally an easement across her property and is not a public -owned alley. She requested that it be vacated for purposes of safety and security as well to cut down on the rubbish that is disposed of in the alley. She said she understands that the rights of the Fire Department and the utility companies would stay in effect. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 41. Resolution - 02 -165 - Approving the petition of Minnesota Public Radio (MPR) to vacate the City's interest in air rights above Cedar Street north of Ninth Street as part of Minnesota Public Radio's redevelopment plan to build a skyway. (File No. 2001 -24) Peter White, Real Estate Division, stated that two petitions were received to vacate air rights over Cedar Street in connection with the proposed development for MPR. One of the requests will be withdrawn. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 9 of 14 The Real Estate Division investigated with city departments and the utilities and there were some conditions that they wanted placed on the vacation. Mr. White said the recommendation was for approval of the resolution subject to the terms and conditions in the vacation resolution. John Mannillo, Former Chair of the City Governance Committee and current Chair of District 17 Skyway Governance Committee, and Chair of the Downtown Development Committee for District 17 appeared. He said they have communicated their concerns to MPR about the skyway. District 17 strongly recommends that if a skyway is built, it continue to remain a public skyway like the rest of the skyway system. He noted in the mid 80s a private skyway was built between the two St. Paul Companies buildings over a public street. As a result of that, an amendment was adopted to the Skyway Policy which read: "In order to assure the possibility of future expansion of the skyway system, when a building is connected to the skyway system the developer or building owner will grant to the City an easement which assumes expansion of the system beyond the building and /or block immediately being connected. In the North Wabasha area there are two skyways between the two former Science Museum buildings and St. Joseph's Hospital and this would be a step closer to connecting those skyways to the system. A concern was expressed by MPR as far as security for their building and he said a number of buildings in town have been designed around that problem. Mr. Mannillo said they are concerned for the longer term future of the skyway system. He acknowledged that MPR has the community in mind and he hoped they would continue to have concern for the City and the welfare of downtown. Ruth Blackman, Downtown Resident, appeared and also expressed her wish that the new skyway be open to the public. She also said the design of the skyway should conform with the rest of the skyway system. Gregory Page who works with the St. Paul Riverfront Corporation and is a member of the St. Paul on the Mississippi Design Center, appeared and read a letter from Timothy Griffin of the Mississippi Design Center in opposition to new skyway. Paul Mandell, Principle Planner at the Capitol Area Architectural and Planning Board, appeared and addressed the concerns of the Board with the new skyway. The skyway is proposed to span one of the three visual corridors for the Minnesota State Capitol. He requested that their Board be allowed an opportunity to review the location and impacts of the proposed skyway in this critical view corridor with an ability to examine the location and other alternative locations. If a skyway is built he asked that it do the least amount of harm to this critical view corridor. Tom Kigan, Executive Vice President of MPR, appeared and stated this action represents the last part of MPR's efforts before the Council to put together the necessary elements to allow them to expand in contiguous and interconnected space in downtown St. Paul. He said they have entered into a development agreement and the City has committed to help buy down the cost of the 480 Cedar Building directly to the north of the MPR building. The City also provided the triangle land to the west of their building and agreed to close the west end of 9th Street to allow interconnection between the two buildings. He thanked the Council for being flexible, helpful, and patient. He said they are now asking for the ability to connect the new development to the St. Paul skyway system and to the Fitzgerald Theater as the last part of the Letter of Intent and Development Agreement. He said they were asking for the vacation now because they need assurance that they will have all of the components of their plan before they pay $8 million, including some of the City's money, for the 480 Cedar Building. A skyway connection completes the envelope for development which they need allowing them to schedule a closing on the 480 Cedar Building and to go forward with their planning and design. Jon Gutzmann, Executive Director of Public Housing Agency (PHA), can then begin to work on the planning, design, file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 10 of 14 and construction of their new building. PHA has to move out before MPR can begin construction and that could take 24 to 30 months from closing. They have not yet negotiated with the operator's lessors of the parking ramp, and they have not done all the design work necessary for the skyway connection yet. Presently they are only working on the across - the - street portion of the skyway. Mr. Kigin said they recognize the concerns about a skyway across Cedar Street. As they committed at the last meeting, he said they will work with the Design Center to be sure it is well designed and does not detract from the architecture of the surrounding buildings and has the least effect as possible on the view corridor. They will also work with the Capitol Area Architectural and Planning Board. Mr. Kigin also addressed the concerns about the private or public nature of the proposal. They are currently asking for the right to create a private skyway because they have not yet designed a building and don't know how it will interface with the building and because it will connect to a private skyway on the other end. MPR has had conversations with Central Towers and they are amenable to a proposal to connect their private skyway to MPRs but they are very concerned about security because of the vulnerability of their residents. John Rupp, owner of the Exchange Building, supports this proposal because it will allow him to connect the Exchange Building to the skyway system as well which is to the benefit of everyone, Kigin said. They are willing to work with the City and other parties connected to the private skyway to see whether all or a portion of it can be made available to the public. However, in order to move the project forward, Mr. Kigin requested that the Council approve the proposal for an easement for a private skyway and they will work out the public /private issues and the view corridor issues as they work on the design. He presented a letter in which MPR committed to work in good faith with the city agencies and neighborhood advisory groups including the Design Center, Capitol River Council District 17, and the Capitol Area Architectural and Planning Board. Kurt Keena, representing the St. Paul Public Housing Agency (PHA), the current owners of the 480 Cedar building, stated that passing of this proposal will allow them to move forward with their new building in the northern part of downtown. Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Council President Bostrom said he also has concerns about having a private skyway without guaranteeing public access. He presented an amendment to the resolution indicating that the City wishes to keep the City skyway option open and available and that nothing in the resolution shall preclude the City of St. Paul to allow public access as part of the skyway system east on 9th Street, west of MPR Discussion ensued on the amendment. Councilmember Coleman moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 42. Approving the petition of Minnesota Public Radio (MPR) to vacate the City's interest in air rights over Cedar Street at Ninth Street as part of Minnesota Public Radio's redevelopment plan to build a skyway. (File No. 2001 -23) (File No. 2001 -23 will be withdrawn and no public testimony will be taken; See Item 41 No action required. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 11 of 14 43. Resolution - 02 -166 - Ordering the owner to remove or repair the building at 774 Capitol Heights within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation) Gerry Strathman, Legislative Hearing Officer, reported that the property owner has posted the necessary bond. Therefore, he recommended allowing six months to complete the rehabilitation. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 44. Resolution - 02 -167 - Ordering the owner to remove or repair the building at 920 Jackson Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and lay over two weeks. Laid over to March 13 Yeas - 7 Nays - 0 45. Resolution - 02 -168 - Ordering the owner to remove or repair the building at 808 Iglehart Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative Hearing. Therefore, he recommended approval of the order. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 46. Resolution - 02 -169 - Ordering the owner to remove or repair the building at 1022 Stinson Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative Hearing. The property is currently in the hands of the State of Minnesota Trust Exempt Properties and they have no objection to its removal. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 47. Resolution - 02 -170 - Approving a Single Family Housing Program to be financed by the issuance of Single Family Mortgage Revenue Bonds and Mortgage Credit Certificates. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 48. Resolution - 02 -171 - Approving modification of the Redevelopment Plan for the Saint Paul Neighborhood Redevelopment Project. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 12 of 14 No one appeared in opposition. A substitute resolution was presented. Councilmember Blakey moved to close the public hearing and approval of the substitute. Substitute resolution adopted Yeas - 7 Nays - 0 49. Resolution - 02 -172 - Approving the Redevelopment Plan for the Shepard Davern Redevelopment Proj ect. Joe Claus, 998 Linwood Avenue, representing GIFT (Gateway Interface Table for Affordable Housing) appeared. GIFT has been behind the project in the Gateway Area since it came to their attention. He said they are very happy with the way this is moving along and they are in support of the resolution. Councilmember Blakey asked Mr. Claus if it was primarily senior housing they were involved in. He responded that part of the plan in the Gateway Area Project of the Shepherd- Davern Area, is to put in not only build affordable housing but all kinds of housing. The plan calls for a hotel to go into that area and the second part of the phase is to put in senior housing as well as mixed housing, some of which would be affordable. Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 Councilmember Lantry moved to recess the City Council meeting and reconvene as the Housing and Redevelopment Authority (HRA) to consider the following items from their meeting held at 2:00 p.m. on this date. Yeas - 7 Nays - 0 9. Modification of the Redevelopment Plan for the Saint Paul Neighborhood Redevelopment Project Area and Approval of Parking Operation Agreement, District 5. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 11. Resolution Approving Redevelopment Plan for the Shepard Davern Redevelopment Project, District 15. Councilmember Coleman moved approval. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Lantry moved to adjourn the HRA meeting and reconvene the City Council meeting. Yeas - 7 Nays - 0 50. Final Order - 02 -173 - In the matter of the Operation Costs of the Above Standard Street Lighting System from October 1, 2001, to December 31, 2002. (File No. 189060P1) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 51. Final Order - 02 -174 - In the matter of replacing the Earl Street Bridge over East Seventh Street, the fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 13 of 14 Union Pacific Railroad and Ramsey County Regional Rail property and all work needed to complete said improvement. (File No. AE2001 -02) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 52. Public hearing to consider the application of Scraper Development for a preliminary and final plat for subdivision of property at the southeast corner of White Bear Avenue and Hudson Road to provide for construction of a new commercial building. Connie Dillari, representing Scraper Development, appeared for questions. Councilmember Harris asked about neighborhood involvement in this project. Ms. Dillari responded that the new building will be at the corner of White Bear Avenue and Hudson Road. Currently there is a Hardee's Restaurant and a hotel at that location. Scraper Development plans to build a drugstore. The zoning use in this area will remain the same and involve improving the parking lot. She explained that the reason they are platting is because there is a turn -back parcel from MNDot that was never platted which is a registered land survey. The purpose mainly is to attach that and meet the City's requirements for platting the property. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application Granted Yeas - 7 Nays - 0 Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0 ADJOURNED AT 6:30 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson March 13, 2001 Assistant Council Secretary mce fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010 Page 14 of 14 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155029\Approved ... 12/15/2010