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Minutes 10-2-2002Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 2, 2002 - 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 • Reconsidered Item • Suspension Items Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived after roll call) 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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Jennifer Bejblik, Brian Hansen, John Janke and Robert Murphy. Referred to the Risk Management Division 2. Summons and Complaint, Notice of Motion and Motion for Temporary Restraining Order, Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order, Proposed fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 2 of 8 Order, and Amended Verified Complaint in the matter of the Ramsey Hill Association vs. the City of St. Paul and Khalid Effendi and Faezeh Effendi. Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Manoucher Rostamkhani vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Notice of Filing of Order, Findings of Fact, Conclusions of Law and Order (A) Granting Petition and Appointing Commissioners and (B) Authorizing Payment or Deposit and Transferring of Title and Possession in the matter of the Saint Paul Housing and Redevelopment Authority vs. the City of Saint Paul, John M. Tendall, et al. Referred to the City Attorney's Office 5. Defendant Elliott Contracting Corporation's Informational Statement in the matter of Weber Electric, Inc. vs. the City of Saint Paul, Gopher State Ethanol, LLC, et. al. Referred to the City Attorney's Office 6. Answer, Cross Claim and Counterclaim of Lovegreen Industrial Services, Inc. in the matter of Weber Electric, Inc. vs. the City of St. Paul, Gopher State Ethanol, LLC, et al. Referred to the City Attorney's Office 7. Letter from the Real Estate Division announcing a public hearing before the City Council on October 23, 2002, to consider the petition of the City of Saint Paul, on behalf of the Police Department, to vacate Lots 3 and 4 and the northeasterly 10 feet of Lot 5, Subdivision of Block 5, Lyman Dayton's Addition (Old East Team Police Station) to make the property available for development. 8. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 1684 Burns Avenue, 1143 Hudson Road, 1165 Hudson Road, and 14 Jessamine Avenue East as nuisance properties and setting date of Legislative Hearings for October 8, 2002, and City Council Hearing for October 23, 2002. 9. Revised letter from the Citizen Service Office /Property Code Enforcement Division declaring X% Selby Aven 790 Laurel Avenue as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) (The incorrect address of 790 Selby Avenue was listed on the September 18, 2002, City Council Agenda.) 10. Administrative Orders: D002196 Authorizing the Department of Fire and Safety Services to pay for stipend costs ($50.00 per teacher - not to exceed $3,750.00) for teachers attending a training workshop on Risk Watch Injury - Prevention curriculum. D002197 Authorizing the Department of Fire and Safety Services to pay $1,200.00 for light refreshments for two teacher training workshops on Risk Watch Injury- Prevention curriculum. D002198 Transferring funds from the Capital Maintenance contingency to the Division of Parks and Recreation Capital Maintenance budget for the completion of the Frost Lake Recreation Center's roof. Noted as on file in the City Clerk's Office FOR ACTION 11. Resolution - 02 -912 - Approving the January 1, 2002 through December 31, 2003 Collective file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 3 of 8 Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association International Association of Fire Fighters Local 3939. (To be laid over one week for adoption) Laid over to October 9 for adoption 12. Resolution - 02 -913 - Amending Council File Numbers 91 -1414 and 94 -848 by expanding the membership of the Bicycle Advisory Board to include three (3) at -large citizen members. Adopted Yeas - 6 Nays - 0 13. Resolution - 02 -914 - Rescinding Council File Number 02 -353 by allowing two streets (Hyacinth Avenue and Bradley Street) to opt out of the Cottage /Greenbrier Area Paving and Lighting project. Adopted Yeas - 6 Nays - 0 14. Resolution - 02 -915 - Establishing the year 2003 Residential Street Vitality Program assessment rates. Adopted Yeas - 6 Nays - 0 15. Resolution - 02 -916 - Accepting discarded exercise equipment valued at $3,000 from Lifetime Fitness for use by the Police Department. Adopted Yeas - 6 Nays - 0 16. Resolution - 02 -917 - Authorizing the Police Department to enter into an agreement with the State of Minnesota, Century College, for approximately 300 hours of Peace Officers Standards and Training Board (POST) approved training from September 1, 2002 through June 30, 2003. Adopted Yeas - 6 Nays - 0 17. Resolution - 02 -918 - Authorizing the Police Department to enter into an agreement with Washington County Agricultural Society to use the Washington County Fairgrounds on October 30, 2002, for training the 2002 Police Recruit Academy in Mobile Field Force Tactics. Adopted Yeas - 6 Nays - 0 18. Resolution - 02 -919 - Canceling the assessment for an incorrectly assessed parcel for 2002 lead service replacement at 629 Snelling Avenue North. Adopted Yeas - 6 Nays - 0 19. Resolution - 02 -920 - Setting a public hearing date of November 6, 2002, for proposed water charges for the year 2003. Adopted Yeas - 6 Nays - 0 20. Resolution - 02 -921 - Memorializing City Council action denying the appeal of McClay Alton Attorneys, on behalf of Grace Community Church, to a decision of the Heritage Preservation Commission denying a demolition permit application to raze the structure at 873 Portland Avenue (Grace Community Church, Hill Historic District). (Public hearing held on July 24, 2002) Adopted Yeas - 6 Nays - 0 21. Resolution - 02 -922 - Memorializing City Council action by adopting the Findings of Fact, Conclusions of Law and Recommendation of the Administrative Law Judge and denying the license application by Lucky Star, Inc., dba Bangkok City Supper Club for Liquor On -Sale, Sunday On Sale, Restaurant, Entertainment Liquor Extension of Service (Patio), Cigarette /Tobacco and Dance Hall Licenses, 733 Pierce Butler Route. (Public hearing held on August 28, 2002) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 4 of 8 FOR DISCUSSION 22. Report by the Department of Planning and Economic Development on the possible use of land trusts and essential function bonds to finance the production of affordable housing. (Requested by the Council in Council File 02 -510 adopted June 5) Laid over to October 23 Yeas - 7 Nays - 0 23. A report from Council Research regarding the responses from the Capital Improvement Budget Committee (CIB) and the STAR Boards to the questions addressed by the Administration on the various issues and recommendations for the STAR Program. (Requested by the Council on August 21) Laid over to October 23 Yeas - 7 Nays - 0 24. A report from the Department of Planning and Economic Development staff on a thorough analysis of the STAR Program. (Requested by the Council on August 21) Laid over to October 23 Yeas - 7 Nays - 0 25. Follow -up report by Gerry Strathman, Council Research Director, and the Administration on "Information Summary Regarding the Organizations Responsible for the City of Saint Paul's Convention, Entertainment, Visitor and Tourism Industry." (Requested by the Council on April 10 and laid over from September 4) A report was presented by Erich Mische, Director of Marketing and Promotions. 26. A Report from the Administration on budget recommendations for the study on updating Saint Paul's emergency radio communication system to an 800 Mhz digital radio system. (Requested by the Council in Council File 02 -877 adopted September 18) A report will be presented at the October 9th City Council Budget Meeting. 27. An update from staff in the Department of Public Works on the City streets /traffic involved with the Safe Routes to School Program. (Requested by the City Council on August 21 and laid over from September 25) An update was presented by John Maczko, Department of Public Works - Traffic Division. (Councilmember Blakey left the meeting at this point.) 28. An update from staff in the Department of Public Works to consider the "Keep Kids Alive" program for the City of Saint Paul. (Requested by the City Council on August 21 and laid over from September 25) Laid over to October 9 Yeas - 6 Nays - 0 29. A report from the Office of Neighborhood Housing and Property Improvement regarding changes in citation issuance policies and accelerated timelines for correcting code violations. (Requested by the City Council on September 25) Laid over to October 9 Yeas - 6 Nays - 0 30. Resolution - 02 -885 - Approving the application for Gas Station, Grocery and Cigarette /Tobacco Licenses by Maryland Amoco, 1200 White Bear Avenue North. (Legislative Hearing Officer recommends approval with conditions) (Laid over from September 25) Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 5 of 8 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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 31. Final Reading - 02 -770 - An ordinance amending Saint Paul Legislative Code Chapter 310.18 with housekeeping language and adding a fee for a Taxicab Replacement Vehicle license sticker and the required taxicab driver training course. Adopted Yeas - 6 Nays - 0 32. Final Reading - 02 -814 - An ordinance amending Chapters 87 and 91 of the Saint Paul Legislative Code pertaining to the rules and regulations of Saint Paul Regional Water Services as recommended by the Saint Paul Board of Water Commissioners. Adopted Yeas - 6 Nays - 0 33. Final Reading - 02 -870 - An ordinance memorializing City Council action approving the petition of Catholic Charities to rezone property from B -3 to RM -2 to construct a 16 -unit apartment building at 1034 Lafond Avenue. (Public hearing held on August 28, 2002) Adopted Yeas - 6 Nays - 0 34. Second Reading - 02 -898 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code establishing time periods for the purpose of calculating the presumptive penalty for a violation of sale of tobacco to a minor. Laid over to October 23 for third reading /public hearing PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 35. Third Reading - 02 -871 - An ordinance rescinding the requirement that cabaret license applicants hold restaurant licenses. (Amended on September 25) Laid over to October 9 for final adoption 36. Resolution - 02 -923 - Ratifying the 2002 Street /Alley Maintenance Service Charge. Adopted Yeas - 6 Nays - 0 37. Resolution Ratifying Assessment - 02 -924 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) at 815 Charles Avenue (J0205A). (Laid over from September 25) (Laid over to the October 1, 2002, Special Legislative Hearing) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 38. Public hearing in the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) at 1740 Stillwater Avenue (J0205A). (Laid over from September 25) (Laid over to the October 1, 2002, Special Legislative Hearing) (Resolution Ratifying Assessment will be introduced under Suspension) Public hearing held. (See Suspension Items - Resolution Ratifying Assessment was introduced). 39. Resolution Ratifying Assessment - 02 -925 - In the matter of the assessment of benefits, cost and expenses for grass cutting (by private contractor) for part of July 2002 (J0202G); towing abandoned vehicles from private property for April 2002 and part of May and June 2002 (J0204V); summary file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 6 of 8 abatements (property clean -up) for part of July 2002 (J0206A); and boarding -up vacant buildings for June and July, 2002 (J0206B). Legislative Hearing Officer recommends the following: 1011 Conway Street (J0204V) - laying over to the October 1, 2002, Special Legislative Hearing - approval of the assessment. 490 Edmund Avenue (J0204V) - approval of the assessment 1504 Sherburne Avenue (J0204V) - reduce the assessment from $512.05 to $155.00 plus the $45.00 service fees for a total assessment of $200.00 1816 Stillwater Avenue (J0206A) - approval of the assessment 837 Fourth Street East (J0206B) - approval of the assessment 931 Marshall Avenue (J0204V) - approval of the assessment 1416 Park Street (J0206A) - approval of the assessment 1630 Reaney Avenue (J0204V) - Laid over to the October 8, 2002, Legislative Hearing and to the October 23, 2002, City Council Meeting 846 Van Buren Avenue (J0204V) - approval of the assessment 719 Case Avenue (J0206A) - laying over to the October 1, 2002, Special Legislative Hearing - delete the assessment Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 Appeal of Christine M. McGirl to a summary abatement order for property at 1240 Berkeley Avenue. (Legislative Hearing Officer recommends laying over to the November 12, 2002, Legislative Hearing and the November 20, 2002, City Council Meeting). Laid over to October 8, 2002, Legislative Hearing and the October 23, 2002, City Council Meeting. Yeas - 6 Nays - 0 Resolution Ratifying Assessment - 02 -926- In the matter of the assessment of benefits, cost and expenses for the improvement of the St. Clair Avenue /Cliff Street Area Street Paving and Lighting project. (File No. 18958) Adopted Yeas - 6 Nays - 0 Resolution Ratifying Assessment - 02 -927 - In the matter of the assessment of benefits, cost and expenses for the Cottage /Greenbrier Area Paving and Lighting project. (File No. 18954) Adopted Yeas - 6 Nays - 0 43. Public hearing to consider the application of SISKA Group for preliminary and final plat approval for subdivision of property at 2160 Highwood Avenue between Skyway Drive and McKnight Road to create eight (8) residential lots. Laid over to October 16 Yeas - 6 Nays - 0 44. Public hearing to consider the appeal of Lang Vu to a decision of the Board of Zoning Appeals denying side yard setback variances in order to construct a new single family home at 1011 Burns Avenue. Motion of Intent - Appeal denied Yeas - 6 Nays - 0 Reconsidered Item Resolution - 02 -901 - Approving Denying the petition of the Saint Paul Housing and Redevelopment Authority on behalf of Atlantic Financial Group to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue to facilitate construction of a pedestrian tunnel and a file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 7 of 8 private storm sewer. (File No. 25 -2001) (This C.F. 02 -901 was reconsidered for the purpose of clarifying that the resolution stated it was denying the petition. This resolution was adopted on September 25, 2002.) Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) Suspension Items Councilmember Blakey requested the following written reports to be provided to the City Council by October 9, 2002: that the Police Department and the Department of Public Works provide information regarding the young student that was struck by a car and killed this past week, and what measures are being taken regarding the safety of school children. Also, he requested the School District to provide to the City Council, by October 9, 2002, their transportation policy on school children transported by bus to public /magnet schools. Resolution Ratifying Assessment - 02 -928 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) at 1740 Stillwater Avenue. (Laid over from September 25) Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at www.ci.stpaul.mn.us /council. Cable The City Council and Housing and Redevelopment Authority (HRA) 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 and HRA Agendas are cablecasted on Saturdays at 8:00 a.m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8: 00 a.m. 1: 30 p.m., and 5:30 p.m.; Tuesdays at 8:00 a.m., and 5: 30 p.m.; and Wednesdays at 8:00 a.m. and 1: 30 p.m. file: //C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010 Page 8 of 8 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163616\Minutes 10... 12/15/2010