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Minutes 4-10-2002Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 10, 2002 - 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 • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 25) 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 Douglas B. Fink Law Offices, P.A. (for Johnnie Capers), William Hill, Brian Hockenberger, Kathy Magnuson, Joyce Maddox, and Sue Xiong. Referred to the Risk Management Division 2. Summons and Verified Complaint, Notice of Motion and Motion for a Temporary Restraining Order, Memorandum in Support of Motion for Temporary Restraining Order, etc., in the matter of Leadcon, Inc. vs. the City of Saint Paul. Referred to the City Attorney's Office 3. Notice of Filing Award of Commissioners in the matter of the Saint Paul Port Authority vs. the City fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010 Page 2 of 6 of Saint Paul, et al, in the condemnation of certain real property located in the City of Saint Paul and County of Ramsey for the Phalen Corridor Industrial Development District. Referred to the City Attorney's Office 4. Letter from the Real Estate Division announcing a public hearing before the City Council on April -24 May 1 , 2002, to consider the petition of Vitas Maciukevicius to vacate an alley right -of -way supporting the development of a new BP Connect store, (convenience store), with self - service fuel pumps, a car wash and cafe at the alley to the east of Lexington Parkway between Central Avenue and St. Anthony Avenue. (File No. 04 -2002) 5. Letter from the Real Estate Division announcing a public hearing before the City Council on April 24, 2002, to consider the petition of the City of Saint Paul to vacate fee title to properties lying within part of Upper Landing to facilitate replatting and development for multi - family housing. (File No. 12 -2002 Phase 11) 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 24, 2002, to consider the application of Joseph Sandhofer to rezone property from RM -2 Multi - Family Residential to B -3 General Business to allow the expansion of BP Amoco Station at 390 Lexington Parkway North. 7. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on April 24, 2002, to consider the application for a sound level variance by James Tolaas, Project Engineer for Ramsey County Public Works, to allow work equipment, such as concrete saws, concrete pavers, jackhammers, barges, cranes, and tandem trucks, to operate during construction of the Ford Bridge on Monday through Saturday, 7:00 a.m. to 7:00 p.m., beginning May 1, 2002 to December 1, 2004. 8. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on April 24, 2002, to consider the application of the University of St. Thomas STAR Organization for a sound level variance for a band concert on an outdoor stage to be held at Midway Stadium, 1771 Energy Park Drive, on Friday, May 3, 2002, from 5:30 p.m. to 9:30 p.m. 9. Letters from the Citizen Service Office /Property Code Enforcement declaring 952 Farrington Street and 1114 Magnolia Avenue East as nuisance properties, and setting date of Legislative Hearings for April 23, 2002, and City Council Hearings for May 1, 2002. 10. Letter from the Citizen Service Office /Property Code Enforcement declaring 696 Tuscarora Avenue as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 11. Administrative Orders: D002136 Transferring budget authority in the Division of Parks and Recreation's 2001 General Fund Budget to provide sufficient funding at the budgetary control levels. D002137 Transferring budget authority in the Department of Technology and Management Services - 2001 budget of Finance Special Projects Special Fund to cover year -end variances. D002138 Amending the 2001 Library budget to cover negative balances in major object codes within the Library's Aids and Grants Fund. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010 Page 3 of 6 Noted as on file in the City Clerk's Office FOR ACTION 12. Approval of minutes of March 13, 2002. Adopted Yeas - 7 Nays - 0 13. Resolution - 02 -293 - Approving the Memorandum of Agreement between the City and the International Association of Machinists and Aerospace Workers, District Lodge 77, to mutually agree to amend the 2001 -2003 Collective Bargaining Agreement language to include the title of Safety Equipment Design and Maintenance Worker to those titles eligible to receive a tool allowance. (To be laid over one week for adoption) Laid over to April 17 14. Resolution - 02 -294 - Designating Donald Luna, City Clerk, as the responsible authority for the City of Saint Paul to establish guidelines and procedures for meeting all requirements of the Minnesota Government Data Practices Act. Adopted Yeas - 7 Nays - 0 15. Resolution - 02 -295 - Approving the redistricting of voting precinct boundaries for the City of Saint Paul. Adopted (Map - Attachment A amended) Yeas - 7 Nays - 0 16. Resolution - 02 -296 - Prohibiting City departments and agencies from using billboards to advertise. Laid over to May 1 Yeas - 7 Nays - 0 17. Resolution - 02 -297 - Directing the proper City officials to renew the agreement with Saint Paul Public Schools for providing the joint City- District Community Education /Recreation program. Adopted Yeas - 7 Nays - 0 18. Resolution - 02 -298 - Authorizing the City to submit the 2002 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) in order to receive CDBG, HOME and ESG funding. Adopted Yeas - 7 Nays - 0 19. Resolution - 02 -299 - Approving a pilot project entitled "Saint Paul Public Works Competency Modeling Project" and the letter of intent with the Saint Paul Manual and Maintenance Supervisory Association (MMSA). Adopted Yeas - 7 Nays - 0 20. Resolution - 02 -300 - Directing the Division of Parks and Recreation to enter into an agreement with District Six Planning Council for youth recreational and leisure activities provided at Wilder and Arlington Recreation Centers from January, 2002 through December 31, 2002. Adopted Yeas - 7 Nays - 0 21. Resolution - 02 -301 - Authorizing an application to the Ramsey County Soccer Partners Grant Program for the Jimmy Lee Recreation Center. Adopted Yeas - 7 Nays - 0 22. Resolution - 02 -302 - Approving the application of Mohammed Shames Eshmawy, dba East Lake file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010 Page 4 of 6 Auto, 2121 University Avenue West. for Auto Repair Garage and Auto Body Repair Shop Licenses (Legislative Hearing Officer recommends approval with conditions) Adopted Yeas - 7 Nays - 0 23. Resolution - 02 -303 - Requesting the Department of Planning and Economic Development to include a zoning district for civic and open space in proposed restructuring of the Saint Paul Zoning Code and directing Council Research to undertake an inventory of public and private green space in the City of Saint Paul. Laid over to April 24 Yeas - 7 Nays - 0 24. Preliminary Order - 02 -304 - In the matter of improving Hyacinth Avenue (from Mississippi Street to Westminster Street) and Bradley Street (from Cottage Avenue to Arlington Avenue) with new bituminous surfaced roadway, concrete curbs and gutters, concrete driveway aprons and outwalks, boulevard sodding, tree planting, and construction of a lantern style lighting system as part of the Cottage/ Greenbrier Area Street Paving and Lighting Project, and setting date of public hearing for April 24, 2002. (File No. 18954A) Adopted Yeas - 7 Nays - 0 25. Resolution Approving Assessment - 02 -305 - In the matter of the assessment of benefits, cost and expenses for the installation of streets with bituminous roadway, construction of concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements on Topping Street from Dale Street to Mackubin Street as part of the Western Lawson RSVP, and setting date of public hearing for April 24, 2002. (File No. 18904B) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 26. Resolution - 02 -306 - Recognizing and memorializing the Honorable William Mahoney, who served with distinction as Mayor of Saint Paul from 1932 -1934, by co- naming Main Street, between Old Sixth Street and Tenth Street, as William Mahoney Street. Adopted Yeas - 7 Nays - 0 27. Resolution - 02 -307 - Recognizing Officer Keith Draz for all of his hard work and dedication and congratulating him for achieving the Saint Paul Police Department's Officer of the Year Award. Laid over to April 17 Yeas - 7 Nays - 0 28. Resolution - 02 -308 - Recognizing employee Ruth Rinehart for all of her hard work and determination and congratulating her for the first ever Saint Paul Police Department's Civilian Employee of the Year Award. Adopted Yeas - 7 Nays - 0 29. Report by Gerry Strathman, Council Research Director, on "Information Summary Regarding the Organizations Responsible for the City of Saint Paul's Convention, Entertainment, Visitor and Tourism Industry." (Laid over from March 27) A report was presented by Gerry Strathman and accepted by the City Council; the Council requested Gerry Strathman and the Administration to report back on May 22nd as a follow -up to this issue. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010 Page 5 of 6 30. Resolution Ratifying Assessment - 02 -243 - In the matter of the assessment of benefits, cost and expenses for sanitary sewer and service connections in Marillac Lane from McKnight Road to approximately 700 feet west of McKnight Road. (File No. 18875) (Public hearing held and laid over from March 20) Laid over to May 1 Yeas - 7 Nays - 0 31. Resolution Ratifying Assessment - 02 -244 - In the matter of the assessment of benefits, cost and expenses for a water main and service connections in Marillac Lane from McKnight Road to approximately 800 feet west of McKnight Road. (File No. 18875 -W) (Public hearing held and laid over from March 20) Laid over to May 1 Yeas - 7 Nays - 0 32. Follow -up from the March 27, 2002, City Council Policy Session on Chronic Problem Properties. An update was provided as to the follow -up work that is being initiated on this issue; future updates will be provided. 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 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER 33. Final Adoption - 02 -231 - An ordinance memorializing City Council action granting the application of Waste Management of Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to allow a waste transfer station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East and unaddressed railroad right -of -way. Adopted Yeas - 6 Nays - 0 Abstention -1 (Reiter) 34. First Reading - 02 -309 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to increase the permitted height of a fence and eliminating the exemption for non - opaque fences except on school or park playgrounds. Laid over to April 17 for second reading The City Council requested a staff report from the Office of License, Inspections and Environmental Protection on this ordinance change at their April 17 meeting. Suspension Items Resolution - 02 -310 - Accepting a gift of transportation from Hubbard Broadcasting in order for Mayor Randy Kelly and Carl Kuhl to participate in a state -wide fly around on April 15, 2002, to promote attractions and events taking place in the City of Saint Paul. Adopted Yeas - 7 Nays - 0 Council Meeting Information Website fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010 Page 6 of 6 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. fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170513\Minutes 4 -... 12/15/2010