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Approved Minutes 2-26-2003Page 1 of 18 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 26, 2003 - 3:30 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 • Suspension Items • Public Hearings The meeting was called to order at 3:40 p.m. by Council President Bostrom. Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Benanav (excused) CONSENT AGENDA (Items 1 - 34) 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. Councilmember Lantry moved approval of the consent agenda. Adopted Yeas - 6 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Lois Hanson, Alvin Hopkins, Jr., Curtis Kaehler, Michele Schorbahn and Aaron Walker. Referred to the Risk Management Division 2. Summons and Verified Complaint and Petition for Writ of Mandamus in the matter of Clear Channel Outdoor, Inc., vs. the City of Saint Paul. (For billboard at the north -west corner of St. Clair Avenue at Ayd Mill Road) Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 2 of 18 3. Summons and Verified Complaint and Petition for Writ of Mandamus in the matter of Clear Channel Outdoor, Inc., vs. the City of Saint Paul. (For billboard at 1016 Raymond Avenue) Referred to the City Attorney's Office 4. Condemnation of Certain Lands for Trunk Highway Purposes in the matter of the State of Minnesota vs. City of Saint Paul, et al. Referred to the City Attorney's Office 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 5, 2003, to consider the application of Speedway Super America, LLC to rezone property from R -4 (Single - Family Residential) to B -3 (General Business) for expansion and rebuilding of an auto convenience market at 1173, 1177 and 1183 Arkwright Street (Between Maryland and Rose Avenues). 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 5, 2003, to consider a revision and adoption of Flood Plain Ordinance and Flood Plain Zoning Map for all property in the City of Saint Paul located within the flood plain. 7. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 5, 2003, to consider the appeal of District 2 Community Council to a decision of the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License, Inspections and Environmental Protection and denying the request of two district councils to revoke the repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White Bear Avenue (SE corner of Larpenteur Avenue). 8. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 5, 2003, to consider the appeal of Macalester- Groveland Community Council to a decision of the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License, Inspections and Environmental Protection and denying the request of two district councils to revoke the repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand Avenue (SE corner of Syndicate Street). 9. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1107 Bush Avenue as nuisance property and setting date of Legislative Hearing for February 25, 2003 and City Council Hearing for March 5, 2003. 10. Letters from the Office of the City Attorney concerning notice of intent to revoke provisional taxicab driver's license held by Roble Arch, Dwight Bradley, Jennifer Briese, Troy Chapman, Aaron Cieslicki, Aden Farah, Jeffrey Fox, Noah Gardner, Theodore Hancock, Teshome Idossa, Gulled Kahin, Mark Lawson, James Manneh, James Marshall, Ahmednoor Mukhtar, Abdirizar Noor, Liban Samatar and Raymond Valley. 11. Administrative Orders: D002245 Authorizing payment, not to exceed $350.00, to Byerly's, 1959 Suburban Avenue, for food service expenses for participants in the Police Department's Professional Development Institute's course on Pre - employment Background Investigations on March 4 -6, 2003, at Hamline University. Noted as on file in the City Clerk's Office FOR ACTION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 3 of 18 12. Approval of minutes of February 19, 2003. Adopted Yeas - 6 Nays - 0 13. Resolution - 03 -164 - Approving the January 1, 2003 to December 31, 2004, Labor Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association. (Laid over from February 19 for adoption) Adopted Yeas - 6 Nays - 0 14. Resolution - 03 -165 - Approving the January 1, 2003 to December 31, 2004 Collective Bargaining Agreement between the City of Saint Paul and the City of Saint Paul Professional Employees Association. (Laid over from February 19 for adoption) Adopted Yeas - 6 Nays - 0 15. Resolution - 03 -166 - Approving the 2003 -2004 Agreement between the City of Saint Paul and the Saint Paul Classified Confidential Employees Association. (Laid over from February 19 for adoption) Adopted Yeas - 6 Nays - 0 16. Resolution - 03 -167 - Approving Employment Agreements between Independent School District 625 and the American Federation of State, County and Municipal Employees, AFL -CIO representing Clerical and Technical Employees, Professional Employees Association, Inc. and Tri- Council Local No. 49, Local No. 120 and Local No. 132 to establish Terms and Conditions of Employment for 2002 -2004. (Laid over from February 19 for adoption) Adopted Yeas - 6 Nays - 0 17. Resolution - 03 -185 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and Tri - Council Local 120, Local 49 and Local 132. (To be laid over to March 5 for adoption). Laid over to March 5 for adoption 18. Resolution - 03 -186 - Approving the 2003 -2004 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (To be laid over to March 5 for adoption). Laid over to March 5 for adoption 19. Resolution - 03 -187 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization. (To be laid over to March 5 for adoption) Laid over to March 5 for adoption 20. Resolution - 03 -188 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757 - Legal. (To be laid over to March 5 for adoption) Laid over to March 5 for adoption 21. Resolution - 03 -189 - Authorizing the proper City officials to enter into a Joint Powers Agreement with the City of Maplewood for the abandonment of the Parkway Sanitary Lift Station. Adopted Yeas - 6 Nays - 0 22. Resolution - 03 -190 - Approving an Agreement for Billing and Collection of Sewer Service Charges between the Board of Water Commissioners and the City of Saint Paul. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 4 of 18 23. Resolution - 03 -191 - Approving to accept and expend Liveable Communities Funds from the Metropolitan Council for the University and Dale Transit Oriented Development Study. Adopted Yeas - 6 Nays - 0 24. Resolution - 03 -192 - Approving the decisions of the Legislative Hearing Officer on appeals for Letters of Deficiency, Correction Orders, Correction Notices and Summary Abatement Orders for 2252 Falcon Avenue, 763 Minnehaha Avenue West, 1554 Bush Avenue and 469 Whitall Street. (Appeals were withdrawn for 2252 Falcon Avenue and 469 Whitall Street.) Adopted Yeas - 6 Nays - 0 25. Resolution - 03 -193 - Authorizing the addition of $209,000 in STAR grant funding to the 4th Street Trail Connection Project. Adopted Yeas - 6 Nays - 0 26. Resolution - 03 -194 - Authorizing the City of Saint Paul to enter into an agreement with the Public Housing Agency to continue the A Community Outreach Program (ACOP) from April 1, 2003 through March 31, 2004. Adopted Yeas - 6 Nays - 0 27. Resolution - 03 -195 - Accepting a grant and implementing an agreement with the Minnesota Department of Public Safety for police overtime to coordinate alcohol saturation on March 17, 2003. Adopted Yeas - 6 Nays - 0 28. Resolution - 03 -196 - Establishing a 2003 financing and spending plan for Saint Paul Police Department services provided to District 6 Planning Council to address community quality of life issues at the East Consolidated Weed and Seed site. (District 6). Adopted Yeas - 6 Nays - 0 29. Resolution - 03 -197 - Amending the spending and financing plan of the Selby Avenue - Avon to Kent project by transferring $1,000,000 from the Great Northern Industrial Park and Pierce Butler Route Realignment project. Adopted Yeas - 6 Nays - 0 30. Resolution - 03 -198 - Amending the spending and financing plans of the 1998, 2000, 2001 and 2002 Sidewalk Reconstruction project. Adopted Yeas - 6 Nays - 0 31. Resolution - 03 -199 - Amending the spending and financing plans of the 2000 and 2001 Downtown Street Redesign projects by transferring MSA funding from the 1998 and 2000 City participation in MnDOT projects and the 2002 Downtown Street Redesign projects. Adopted Yeas - 6 Nays - 0 32. Resolution - 03 -200 - Establishing a new spending and financing plan for the Lafayette Road Channelization project by transferring 1998 MSA Contingency. Adopted Yeas - 6 Nays - 0 33. Resolution Approving Assessment - 03 -201 - In the matter of the assessment of benefits, cost and expenses for reconstruction and repair of sanitary sewer service for 189, 191 Eighth Street, and setting date of public hearing for April 23, 2003. (File No. 18979) Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 5 of 18 34. Resolution Approving Assessment - 03 -202 - In the matter of benefits, cost and expenses for reconstruction of areaway abandonments in front of 212 East Seventh Street and 218 East Seventh Street and setting date of public hearing for April 23, 2003. (File No. 18980) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 35. Resolution - 03 -203 - Accepting proposal on sale of $3,340,000 General Obligation Street Improvement Special Assessment Bonds, Series 2003B, providing for their issuance and levying a tax for the payment thereof. Todd Hurley, Office of Financial Services, appeared and talked about Items 35, 36 and 37 in general. The three resolutions are all to accept winning bids on bond sales that the city offered earlier on this day. Prior to the bond sale, the City and the Water Utility were both reviewed by Moody's and Standard and Poor's (S &P). Moody's reaffirmed the rating of the city at a Aa2 with a stable outlook meaning that the city bonds were high quality by all standards. Standard and Poor's also reaffirmed the City's AAA rating and a stable outlook. This is the highest possible rating the city can have and makes St. Paul one of only 40 cities in the nation with that rating. Both Moody's and Standard and Poor's reaffirmed the ratings of the Water Utility. Moody's stayed with their Aa2 while S &P was at a AA +. The results of the bond sales were better than expected, Hurley said. Factors that account for this are that the city has a high credit rating, the market was timed well by getting out early in the year where there is slow supply yet high demand for these types of bonds, and the format of electronic bidding seems to help. This year they saw two new players make bids: Advest, Inc. in Chicago, an investment firm, and Howe, Barnes Investments, in out of New York. Two that had not been seen in the past. The street improvement special assessment bonds in this resolution are sold to provide funding for portions of the city's street paving and lighting program. Four bids were received on this issue with the lowest bid coming in at a rate of 3.63% from US Bancorp Piper Jaffrey, Inc. Mr. Hurley explained the amended pages that were added to the resolution. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 36. Resolution - 03 -204 - Accepting proposal on sale of $10,650,000 Water Revenue Bonds, Series 2003C and providing for their issuance. Todd Hurley, Office of Financial Services, said this resolution is for approval of the low bid for the Water Revenue Bonds, Series 2003C, in the amount of $10,650,000. The City received three bids on the water bonds with the low rate coming from US Bancorp Piper Jaffrey at a rate of 3.04 %. The cover bid came from Morgan Stanley at 4.02 %. Mr. Hurley noted there were amended pages to the documents and asked for the Council's approval. Councilmember Blakey moved approval as amended. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 6 of 18 Adopted as amended Yeas - 6 Nays - 0 37. Resolution - 03 -205 - Accepting proposal on sale of $22,235,000 General Obligation Capital Improvement Bonds, Series 2003A, providing for their issuance and levying a tax for the payment thereof. Todd Hurley, Office of Financial Services, stated that the purpose of this resolution was to award the bonds to the low bid. These bonds were issued for two purposes: 1) to provide $19 million in funding for various capital improvement projects of the 2003 capital improvement budget, and 2) $3, 235,000 is going to be used to refund the remaining maturities of the 1995B capital improvement bonds. With this issue, the City received five bids with a low rate of 2.996 %. The refunding portion of this issue resulted in a 3.38% savings. The coupons remaining on the 1995B bonds were at a 5.1% coupon while the new coupons are at a 1.45 %. Although it's a relatively small amount of money in a short term, the City is going to save a little over $100,000 over the next two years. Mr. Hurley explained the amended pages to the document. Councilmember Harris commended Todd and his staff and the financial advisor for the great work they did on the bonds and insuring that St. Paul maintains its credit rating Councilmember Harris moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 38. Resolution - 02 -1038 - Ordering the owner to remove or repair the building at 1083 Conway Street within fifteen (15) days from adoption of resolution. (Laid over from February 19) (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, appeared and said the Council has laid this matter over several times waiting for both the previous owner and the current owner to take action on this property. Code Enforcement staff have been very dismayed that there has been no action taken to rehabilitate this property. Therefore, she recommended adoption of the resolution to remove or repair within fifteen days. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 39. Consideration of the appeals of David Dorris, Charles and Carolyn Dorris, Louis Stanfield and Jennifer Dorris to a decision of the Heritage Preservation Commission denying a building permit to convert an auto garage to a residence at 1575 Summit Avenue (Summit Avenue West Historic District). (Public hearing held and laid over from January 22; also referred back to the Heritage Preservation Commission for design review) (Laid over from February 19) Councilmember Lantry said a letter was received from Mr. Dorris stating that he wants to withdraw the appeal because an amicable agreement has been reached. Councilmember Lantry moved to withdraw. Appeal withdrawn Yeas - 6 Nays - 0 ORDINANCES fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 7 of 18 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 PAUL LEGAL LEDGER 40. Final Adoption - 03 -101 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code approving the rezoning of 1825 Suburban Avenue from B -2 (Community Business) to B -3 (General Business) to allow a fast food restaurant with a drive - through lane. (Public hearing held January 8, 2003) Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 41. Third Reading - 03 -159 - An ordinance finalizing City Council action granting the application of Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family Residential) for construction of six townhouses at 965 St. Paul Avenue. (Public hearing held November 6, 2002) Laid over to March 5 for final adoption 42 Third Reading - 03 -160 - An ordinance finalizing City Council action granting the application of Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1 (Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this location. (Public hearing held December 4, 2002) Laid over to March 5 for final adoption 43. Third Reading - 03 -161 - An ordinance finalizing City Council action approving the application of Royal Crest Properties, Inc. to rezone property from R -4 (One - Family Residential) to RM -1 (Multiple - Family Residential) to construct two four -unit townhouse structures (8 units total) at the southeast corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002) Laid over to March 5 for final adoption Suspension Items Councilmember Lantry moved suspension of the rules and approval of the following resolution: Resolution - 03 -211 - Approving the election of Greg Blees as Secretary of the City Council. Adopted Yeas - 6 Nays - 0 Councilmember Lantry moved suspension of the rules to introduce the following resolution: Yeas - 6 Nays -0 Resolution - 03 -212 - Granting Mayor Randy Kelly the authority to proceed with implementing 2003 budget cuts and requesting that he commence a cooperative planning process for determining 2004 budget reductions and present his proposed 2004 City budget to the City Council by July 1, 2003. Greg Blees, Fiscal Policy Director, explained the wording changes that were made to the resolution. Council President Bostrom extended his thanks and appreciation to everyone who participated in the budget meetings. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 8 of 18 The meeting was recessed from 4:05 to 5:40 p.m. Roll Call: Present - 6 Absent - 1 - Benanav (excused) PUBLIC HEARINGS 44. Third Reading - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining to Disorderly Houses. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 45. Third Reading - 03 -99 - An ordinance establishing the minimum qualifications for the vacancy for the position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 46. Third Reading - 03 -100 - An ordinance establishing an Examining Committee for the position of Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 47. Third Reading - 03 -102 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code deleting certain licenses no longer enforced by the City of Saint Paul and reflecting new license fees for tanning parlors, massage centers, therapeutic massage practitioners, sidewalk cafes, animal permits, dog licenses and boarding fees. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 48. Third Reading - 03 -103 - An ordinance amending Chapter 127 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with designations to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 49. Third Reading - 03 -104 - An ordinance amending Chapter 320 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 50. Third Reading - 03 -105 - An ordinance amending Chapter 326 of the Saint Paul Legislative Code fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 9 of 18 removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 51. Third Reading - 03 -106 - An ordinance amending Chapter 332 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee scheduled contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 52. Third Reading - 03 -107 - An ordinance amending Chapter 333 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 53. Third Reading - 03 -108 - An ordinance amending Chapter 334 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 54. Third Reading - 03 -109 - An ordinance amending Chapter 338 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 55. Third Reading - 03 -110 - An ordinance amending Chapter 340 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 56. Third Reading - 03 -111 - An ordinance amending Chapter 342 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 57. Third Reading - 03 -112 - An ordinance amending Chapter 350 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 10 of 18 schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 58. Third Reading - 03 -113 - An ordinance amending Chapter 351 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 59. Third Reading - 03 -114 - An ordinance amending Chapter 352 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 60. Third Reading - 03 -115 - An ordinance amending Chapter 356 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 61. Third Reading - 03 -116 - An ordinance amending Chapter 361 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 62. Third Reading - 03 -117 - An ordinance amending Chapter 365 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 63. Third Reading - 03 -118 - An ordinance amending Chapter 368 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 64. Third Reading - 03 -119 - An ordinance amending Chapter 369 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 11 of 18 No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 65. Third Reading - 03 -120 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 66. Third Reading - 03 -121 - An ordinance amending Chapter 371 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 67. Third Reading - 03 -122 - An ordinance amending Chapter 372 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 68. Third Reading - 03 -123 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 69. Third Reading - 03 -124 - An ordinance amending Chapter 391 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 70. Third Reading - 03 -125 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 71. Third Reading - 03 -126 - An ordinance amending Chapter 406 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 12 of 18 Nays - 0 Laid over to March 5 for final adoption 72. Third Reading - 03 -127 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 73. Third Reading - 03 -128 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 74. Third Reading - 03 -129 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 75. Third Reading - 03 -130 - An ordinance amending Chapter 413 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 76. Third Reading - 03 -131 - An ordinance amending Chapter 416 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 77. Third Reading - 03 -138 - An amending ordinance to Council File No. 01 -648, adopted July 18, 2001, which established an interim ordinance of limited duration regulating land use and official controls in the area of the City commonly known as the Arcade Street area. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption 78. Third Reading - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26, 2002, which established an interim ordinance of limited duration regulating land use and official controls in the area of the City commonly known as the Sunray Area. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to March 5 for final adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 13 of 18 79. Public hearing to consider the report of the Administrative Law Judge concerning the application of Brandon Davis for a Taxicab Driver's License. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP), appeared. Mr. Davis was sent a letter of intent to deny the license based upon a conviction for disorderly conduct which, upon review of the police report, appeared to involve the use of force. Mr. Davis requested a hearing before an Administrative Law Judge (ALJ) which he attended as well as his employer, a taxicab company in the City of Minneapolis. The other person involved in the incident did not attend the hearing. After hearing the testimony, the ALJ determined that this was not a conviction involving the use of force because it was self defense and made a recommendation that Mr. Davis be permitted to have a taxicab driver's license in the City of St. Paul. Based upon the testimony at the hearing and the findings of fact, conclusions of law and recommendation, it is the recommendation of the Office of LISP that the Council adopt the report and issue the license. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and adopt the Findings of Fact, Conclusions of Law and Recommendation of the Administrative Law Judge (grant the license) Yeas - 6 Nays - 0 80. Resolution - 03 -206 - Concerning adverse action against the Taxicab Driver Renewal License application submitted by Robert Earl Clark. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP), appeared. She said that Mr. Clark was sent a notice of intent to deny the renewal application based upon a gross misdemeanor conviction for endangering a child from December of 2001. There was no response to the initial notice of intent to deny and the matter was then put on for a hearing. Mr. Clark then contacted the City Attorney's Office saying that he wished to appear before the Council and explain why the conviction should not impact his ability to drive a taxicab. The police report from the incident indicates that this was a conviction that was a lesser plea to a felony assault involving use of force. The Office of LISP is recommending denial of the application because Mr. Clark does not meet the requirements of the Legislative Code based upon this conviction. Robert Clark, the applicant, appeared and presented his case. He said he feels he has paid restitution. Ms. Palmer told the Council an applicant cannot have a record in the last three years in order to get a license. Councilmember Coleman moved to close the public hearing and approve the recommendation saying that he did not think there was discretion on the Council's part in this matter. Adopted Yeas - 6 Nays - 0 81. Resolution - 03 -207 - Concerning adverse action against all licenses held by SD Ray Inc., dba Scott's Place, 1178 Arcade Street. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LISP), said this recommendation for adverse action in this case is based upon a number of violations of license conditions. Scott's Place initially had conditions placed upon its license with the consent of the licensee on October 25, 2002, because of problems that had been noted at the establishment. There were a number of conditions that the licensee agreed to in October. The Office of LIEP proceeded to receive a number of police reports documenting violations of the license as follows: December 15, 2002 - failure to have employees stationed at the door wearing clothing that identified fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 14 of 18 them as security personnel and failure to stop people from coming into the establishment after 12:30 a.m.; December 21, 2002, - failure to stop people from entering the premises after 12:30 a.m.; December 22, 2002, - failure to have employees stationed at the door wearing clothing that readily identified them as security personnel and failure of the security personnel to have metal detecting devices to prevent weapons from being brought in; December 28, 2002, - failure to have security personnel at the door from 9:00 p.m. until closing; and January 3, 2003, - failure to turn over a video tape from the security camera to police who were investigating an aggravated assault which took place on the premises. These were the subject of two separate notices of violation which went to the licensee and there was no response. The recommendation was for 60 -days suspension of all of the licenses with 30 of those stayed on the condition that there be no further violations of the license conditions. Ms. Palmer noted that there is a pending adverse action which is going to an administrative law judge which pre -dates these violations and which the licensee did contact Ms. Palmer about. In response to a question of Councilmember Blakey, Ms. Palmer said this is one appearance in front of Council with multiple violations. There is nothing in the matrix which addresses violation of license conditions and these are not specific violations such as a sale of alcohol to an underage person. The penalty matrix in 409 addresses specific types of violations and talks about first appearance, second appearance, third appearance with multiple violations. However, because none of these are matters that appear on the matrix but are violations of license conditions, Ms. Palmer said she could only refer the Council back to other actions they have taken Appearing in support of the recommendation and noting the many problems at the establishment were: Mark Schreiber, 873 E. Rose Avenue, and Armando Bennett, 875 E. Rose Avenue Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0 Council President Bostrom concurred with the speakers saying this establishment has been a major problem. He concurred with the request of one of the speakers to suspend the license for 60 days with none of it being waived. It is closed now and, hopefully, it will remain closed Bostrom said. Councilmember Lantry moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 82. Resolution - 03 -26 - Ordering the owner to remove or repair the building at 1198 Sherburne Avenue within fifteen (15) days from adoption of resolution. (This resolution replaces Council File 02- 1188). (Laid over from January 8) (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, appeared and said this is a property that was laid over in order to give Conseco Finance Corporation a chance to gain possession through foreclosure. In late January a code compliance inspection was done. It was anticipated they would be back in a Legislative Hearing on February 11, 2003 in order to discuss plans and post bond for the rehab of this building. No one appeared at the hearing so Ms. Moermond recommended that the Council proceed with the order to remove or repair. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 15 of 18 No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 83. Resolution - 03 -133 - Ordering the owner to remove or repair the building at 2285 Benson Avenue within fifteen (15) days from adoption of resolution. (Laid over from February 5) (Legislative Hearing Officer recommends laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting.) Marcia Moermond, Legislative Hearing Officer, appeared and told the Council she would like to change her recommendation on this property. No one appeared at the Legislative Hearing on February 25. The property is considered dangerous by the Vacant Building Department. Ms. Moermond showed photos of the house and recommended amending the order to remove or repair within five days. Ms. Moermond said they have been working with Guarantee Residential Mortgage Company who has an interest in the property as well as the Minnesota Housing Finance Agency (MHFA). MHFA is not interested in rehabilitating the property and although Guarantee was interested and had the code compliance inspection conducted and posted bond, they can no longer move forward because the owner, who had been missing, has now reappeared and sold the house to Home Investors. No plans have been seen from Home Investors and no one appeared at the hearing. No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval as amended. Adopted as amended (remove or repair within 5 days) Yeas - 6 Nays - 0 84. Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue within fifteen (15) days from adoption of resolution. (Laid over from February 5) (Legislative Hearing Officer recommends laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting.) Marcia Moermond, Legislative Hearing Officer, said that she and staff believe that there is potential for this structure to be rehabilitated as it is generally a sound structure although there is a long list on the code compliance inspection that needs to be taken care of. Mr. Andy Dawkins of Code Enforcement met at length with Mr. Odens, the owner, and Bob Volden, who has been speaking for Mr. Odens, and they are trying to develop a plan whereby Mr. Odens or the Greater Frogtown Community Development Corporation could rehabilitate the property and Mr. Odens still maintain a life interest in one of the units in the building. Ms. Moermond encouraged the Council to give more time for those plans to develop. Councilmember Blakey moved to lay over to March 26. Laid over to March 26 Yeas - 6 Nays - 0 85. Resolution - 03 -208 - Ordering the owner to remove or repair the building at 893 DeSoto Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends that the following be completed by noon on February 26, 2003: vacant building fee be paid, real estate taxes paid, provide a work plan indicating how all the items on the code compliance report will be completed and include evidence of financial ability to complete them.) Marcia Moermond, Legislative Hearing Officer, stated that Councilmember Reiter and she met with Mr. Daniel De La Cruz, the owner of this house and he has agreed to meet all of the conditions outlined. He has been given one month to meet those conditions and develop the plan. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 16 of 18 Councilmember Reiter moved to lay over to March 26. Laid over to March 26 Yeas - 6 Nays - 0 86. Resolution - 03 -209 - Approving the application of Tim Weiss, Gabe's By The Park, 991 Lexington Parkway North, for a sound level variance to allow amplified music inside a covered tent on the parking lot from 4:00 p.m. to midnight on March 14, 15, 16, and 17, 2003, during the St. Patrick's celebration, and on October 31 and November 1, 2003, during the Halloween celebration. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 87. Resolution Ratifying Assessment - 03 -210 - In the matter of the assessment of benefits, cost and expenses for weekly garbage hauling service for the third quarter of 2002 (J02TRASH3Q), demolitions of buildings from part of July, 2002 to part of November, 2002 (J0204C), summary abatements (property clean -up) for part of July, 2002 to part of December, 2002 (J0207A), boarding -up of vacant buildings from August, 2002 to November, 2002 (J0207B), grass cutting (by private contractor) for part of August, 2002 to October, 2002 (J0203G). (Legislative Hearing Officer recommends the following: 774 Central Avenue West Q0207A) - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 1000 Reaney Avenue Q0204C) - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 567 Stryker Avenue Q020W laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 1125 Beech Street Q0207A) - laying over to the April 8, 2003, Legislative Hearing and the April 23, 2003, City Council Meeting 1143 Central Avenue West Q0207A) - approval of the assessment 270 Charles Avenue Q0207A) - approval of the assessment 670 Charles Avenue Q0207A) - approval of the assessment 430 Edmund Avenue Q0207A) - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 603 Edmund Avenue Q0207A) - approval of the assessment 837 Fourth Street East Q0207A - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 55 Front Avenue Q0207A) - approval of the assessment 76 Geranium Avenue West Q0207A) - reducing the assessment from $306.00 to $186.00 plus the $45.00 administrative fee for a total assessment of $231.00. 489 Hague Avenue Q02TRASH3Q) - approval of the assessment 1093 Hudson Road Q0207AA approval of the assessment 714 Iglehart Avenue Q0207A) - reducing the assessment from $195.00 to $100.00 plus the $45.00 administrative fee for a total assessment of $145.00 501 Kent Street North Q02TRASH3QY - approval of the assessment 0 Lightner Place, Vacant Lots Q0207A) - approval of the assessment 271 Maria Avenue Q0207A) - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting 1459 Matilda Street Q03TRASH3Q) - approval of the assessment 1346 Minnehaha Avenue West Q0207AJ approval of the assessment 814 Sherburne Avenue Q0207A) - approval of the assessment 1459 Sherburne Avenue - approval of the assessment 754 Sixth Street East Q0207A - approval of the assessment fileJ /C:ADOCUME- l\LFSUPP- l\LOCALS -l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 17 of 18 650 Central Avenue West (J0207A) - approval of the assessment 1214 Minnehaha Avenue East (J0207AJ approval of the assessment 2168 Minnehaha Avenue East Q0207A) - lay over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 791 York Avenue Q020713) approval of the assessment 594 Lawson Avenue West (J020713) deleting the assessment 2193 Bush Avenue (J0203G _ - approval of the assessment 42 Dale Street Q020713) approval of the assessment 1552 Sims Avenue (J0203G )_ - approval of the assessment 534 St. Peter Street (J0207BJ approval of the assessment 550 Edmund Avenue Q0207A) - laying over to the February 25, 2003, Legislative Hearing and the March 5, 2003, City Council Meeting Marcia Moermond, Legislative Hearing Officer, requested the Council lay over 2168 Minnehaha Avenue East as noted above. Bill Cunnien 791 York Avenue, appeared and disputed the charge for boarding up his home after a fire. Ms. Moermond informed him that these charges are generally covered by his insurance. Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0 Councilmember Lantry moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 88. Public hearing to consider the application of MENARD, Inc. to rezone property from I -2 (Heavy Industrial) and B -3 (General Business) to I -1 (Industrial) to allow the construction of a Menards Home Improvement Store at the northwest corner of University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue. Joel Spoonheim, Department of Planning and Economic Development, addressed Items 88 and 89. Menards has acquired the former Knox Lumber property at Prior and University Avenues as well as the hotel adjacent to it. They have torn down the buildings and are preparing to build a two - story, nearly 200,000 sq. ft. Menards store. Staff recommended approval and it received unanimous approval from the Zoning Committee and the Planning Commission. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and grant the application. Motion of Intent - Application granted Yeas - 6 Nays - 0 89. Public hearing to consider the application of MENARD, Inc., for a combined plat to allow construction of a Menards Home Improvement Store at the northwest corner of University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue. Joel Spoonheim, Department of Planning and Economic Development, said this is a lot split in order to tie the parcels together. There are numerous parcels that have been assembled. Some of them are narrow and small and some are larger. In order to create a single plat which would be clear for tax purposes, they needed to rezone. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and grant the application. Motion of Intent - Application granted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010 Page 18 of 18 Councilmember Lantry moved to adjourn the meeting. Yeas 6 Nays - 0 ADJOURNED AT 6:25 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson March 12, 2002 Assistant Council Secretary fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155008\Approved ... 12/15/2010