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Approved Minutes 3-5-2003Page 1 of 17 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 5, 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 • Public Hearings • Suspension Items The meeting was called to order at 3:40 p.m. by Council President Bostrom. Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 -32) 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 Coleman requested Item 27 be removed for discussion. Councilmember Blakey moved approval of the consent agenda as amended. Adopted as amended. Yeas - 7 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Cory Chenevert, Douglas Fink Law Offices (for client Mae /Terrell Adams), Paul Jones, Northern States Power, dba Xcel Energy (date of incident: 8/27/02), Thomas B. Schway Law Office (for client Christopher Byrne), Michael and Carmelita Walker, Karin Winegar /Peter Moore, and Christopher Zumberge. Referred to the Risk Management Division file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 2 of 17 2. Summons and Complaint in the matter of Josala Landvick vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. Notice of Filing of Deposit for Parcel 1 and Affidavit of Marc Manderscheid regarding Deposit for Parcel 1 (Briggs and Morgan) in the matter of the Saint Paul Housing and Redevelopment Authority vs. BMMS, LLC, et al. regarding the condemnation of real property for the Hillcrest Village Redevelopment project. Referred to the City Attorney's Office 4. Notice of Filing Order and Order of Dismissal (Briggs and Morgan) in the matter of the Saint Paul Port Authority vs. Baillon Company, City of Saint Paul, et al. regarding the condemnation of certain real property located in the City of Saint Paul for the RiverCentre Pedestrian link. Referred to the City Attorney's Office 5. Letter from the Bepttrtment 4 Phtnning ttnd Eeonomie Bevelopm Office of License Inspections and Environmental Protection announcing a public hearing before the City Council on March 26, 2003, to consider the appeal of Donald Martin to a decision of the Board of Zoning Appeals denying a variance of the allowable height for an accessory structure in order to legalize an existing garage at 957 Beech Street. 6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1269 Coach Road as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 7. Letter from the Real Estate Division announcing a public hearing before the City Council on March 26, 2003, to consider deleting Roblyn Avenue from Dewey Street to Fairview Avenue due to property owners petitioning to remove Roblyn Avenue from the Wheeler /Iglehart RSVP Paving and Lighting Proj ect. FOR ACTION 8. 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. (Laid over from February 26 for adoption). Adopted Yeas - 7 Nays - 0 9. Resolution - 03 -186 - Approving the 2003 -2004 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (Laid over from February 26 for adoption). Adopted Yeas - 7 Nays - 0 10. 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. (Laid over from February 26 for adoption). Adopted Yeas - 7 Nays - 0 11. 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. (Laid over from February 26 for adoption). Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 3 of 17 12. Resolution - 03 -213 - Directing the Fire Chief Examining Committee to begin meeting and allowing the position to be posted using minimum qualifications. Adopted Yeas - 7 Nays - 0 13. Resolution - 03 -214 - Allowing establishments along the St. Patrick's Day parade route to sell beer and intoxicating liquor in other than plastic or paper containers after 3:00 p.m. on March 17, 2003, providing that they have persons posted at each entrance and exit until closing time. Adopted Yeas - 7 Nays - 0 14. Resolution - 03 -215 - Entering into an agreement with the Capitol City Partnership to conduct the Taste of Minnesota in 2003 and 2004 at Harriet Island Regional Park and at other downtown and riverfront facilities. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -216 - Approving organizations to the 10% Club list of eligible recipients for 2003. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -217 - Approving the application, with conditions, for a Second Hand Dealer -Motor Vehicle license by Joshua Xiong and Pao Yang, dba Mid - Snelling Auto Sales, 591 Snelling Avenue North. Adopted Yeas - 7 Nays - 0 17. Resolution - 03 -218 - Authorizing a refund of $220.00 to the property owner at 775 Aldine Street for being assessed the wrong assessable frontage. Adopted Yeas - 7 Nays - 0 18. Resolution - 03 -219 - Accepting a sidewalk easement from Chestnut Housing, LP within the Upper Landing Housing Project area in order to maintain appropriate right -of -way widths. Adopted Yeas - 7 Nays - 0 19. Resolution - 03 -220 - Concerning adverse action against the City Contractor/ Exterior Finishing license held by John Nedoroscik, dba Nedoroscik Exteriors. Adopted Yeas - 7 Nays - 0 20. Resolution - 03 -221 - Concerning adverse action against the House Sewer Contractor's license held by Ken Bottila, dba Don Zappa & Son Excavating, Inc. Adopted Yeas - 7 Nays - 0 21. Resolution - 03 -222 - Concerning adverse action against the Taxicab Driver Renewal license application submitted by Anthony Tworoski. Adopted Yeas - 7 Nays - 0 22. Resolution - 03 -223 - Concerning adverse action against the Taxicab Driver license application submitted by Charles Brown. Adopted Yeas - 7 Nays - 0 23. Resolution - 03 -224 - Concerning adverse action against the Taxicab Driver license application submitted by Nicholas Van Kampen. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 4 of 17 24. Resolution - 03 -225 - Establishing a 2003 financing and spending plan for Saint Paul Police Department services provided to the Public Housing Agency (PHA) of Saint Paul and authorizing the City of Saint Paul to enter into an agreement with PHA. Adopted Yeas - 7 Nays - 0 25. Resolution - 03 -226 - Accepting a Juvenile Accountability Incentive Block Grant from the Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to enter into and implement an agreement with the Minnesota Department of Economic Security. Adopted Yeas - 7 Nays - 0 26. Resolution - 03 -227 - Accepting a street easement from North East Neighborhoods Development Corporation (NENDC) for property located at 1199 White Bear Avenue (southwest corner of White Bear Avenue and Maryland Avenue). Adopted Yeas - 7 Nays - 0 27. Discussed after the consent agenda) 28. Resolution - 03 -229 - Amending and closing out a variety of Parks and Recreation Capital Project budgets and transferring the remaining balance to the Como Park Trail Tunnel project. Adopted Yeas - 7 Nays - 0 29. Resolution - 03 -230 - Adopting the findings of fact related to the demolition of buildings located in proposed future Westminster Junction Business Center Tax Increment Financing District. Adopted Yeas - 7 Nays - 0 30. Preliminary Order - 03 -231 - In the matter of improving Selby Avenue from Kent Street to Avon Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and setting date of public hearing for April 2, 2003. (File Nos. 18981 and 18981 C) Adopted Yeas - 7 Nays - 0 31. Preliminary Order - 03 -232 - In the matter of constructing a pedestrian and bicycle trail which will link the existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via Fourth and Prince Streets, and doing all other work necessary to complete said improvements including acquiring the necessary right -of -way and easements, and setting date of public hearing for March 26, 2003. (File No. AE2002 -05) Adopted Yeas - 7 Nays - 0 32. Resolution Approving Assessment - 03 -233 - In the matter of approving the assessment of benefits, costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street), and setting date of public hearing for April 23, 2003. (File No. 18945) Adopted Yeas - 7 Nays - 0 27. Resolution - 03 -228 - Amending Council File No. 02 -1127 by adding support for Senate File No. 36 relating to ethanol producer payments. Councilmember Coleman presented a substitute resolution which, in addition to supporting ethanol fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 5 of 17 producer payments, also included language opposing House File No. 341 relating to human rights; removing sexual orientation as a protected class under the Human Rights Act and in other statutory provisions. Councilmember Coleman moved approval. Substitute introduced and adopted Yeas - 5 Nays - 2 (Blakey, Reiter) FOR DISCUSSION 33. Resolution - 03 -64 - Approving the appointment of Karen Johnson, by Mayor Kelly, as Director of Technology and Management Services effective January 6, 2003. (Laid over from February 5) Councilmember Blakey asked how the Department of Technology and Management Services is affected by the budget cuts noting that the City is hiring but also laying people off which, he said, sends a mixed message. Councilmember Lantry said she will support the appointment because the departments need directors She noted that the Mayor can make the appointment for up to a year without Council approval. Councilmember Benanav said he will vote against the appointment. Front line people are presently being laid off and he said he wished they had taken a broader look at how the entire city could be managed. He said he felt it is one of many situations that the Mayor could have handled better. He said a clear message is being sent that sometimes more caring is shown for the managers than the people doing the jobs. Councilmember Blakey said what has bothered him the most with the budget cutting process is that it's been done in a piecemeal fashion with no overall plan; i.e., there's a hiring freeze, there's not a hiring freeze, people are being laid off and he questioned if the city should be looking at merging /consolidating some departments. He said he understands the need for a director but he does not think there should be the luxury of every ten people having a director. Council President Bostrom noted that this department was merged once before and it was not very satisfactory. Given that the city is in a difficult budget time, someone in this position who really knows what it takes to run an IT department is extremely important. That has been seen in some of the recommendations the Council has dealt with over the last several years. He said Ms. Johnson brings the qualities and qualifications necessary for that department and, hopefully, the city will be able to do its job for less money if there is a good IT department. Councilmember Lantry moved approval. Adopted Yeas - 5 Nays - 2 (Benanav, Blakey) ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED B Y 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. 34. Final Adoption - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining to Disorderly Houses. Councilmember Lantry moved approval. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 6 of 17 Adopted Yeas - 7 Nays - 0 35. Final Adoption - 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. Councilmember Lantry moved approval. Adopted Yeas - 7 Nays - 0 36. Final Adoption - 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. Councilmember Lantry moved approval. Adopted Yeas - 7 Nays - 0 37. Final Adoption - 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. Councilmember Lantry moved to amend Section 200.07 board fee per day on the last page of the ordinance to $14.00 per day. The actual costs for boarding a dog are closer to $18.00 per day. Ms. Lantry said the fees have to be a deterrent so people understand that the city does not provide kennel services. Councilmember Harris asked about the average length of stay for dogs and the possibility of people not picking up their dog because the cost is too much. Bill Staffenson, Animal Control Officer, appeared. He said there are times they get upset citizens saying they can't afford to make the payments. State law requires a minimum stay of five days. The City has an in -house policy where they are held an average of seven days. Councilmember Benanav asked what happens to the dogs that are not picked up. Mr. Staffenson said he works with several shelters and agencies. The impound numbers are down, the euthanasia rate is down, and adoption rates are up in all shelters. Councilmember Lantry moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 38. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 39. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 40. Final Adoption - 03 -105 - An ordinance amending Chapter 326 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_155746\Approved ... 12/15/2010 Page 7 of 17 schedule contained in Section 310.18. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 41 Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 42. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 43. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 44. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 45. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 46. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 47. Final Adoption - 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 schedule contained in Section 310.18. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 48. Final Adoption - 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. Councilmember Blakey moved approval. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 8 of 17 Adopted Yeas - 7 Nays - 0 49. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 50. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 51. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 52. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 53. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 54. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 55. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 56. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 9 of 17 57. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 58. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 59. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 60. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 61. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 62. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 63. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 64. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 65. Final Adoption - 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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 10 of 17 schedule contained in Section 310.18. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 66. Final Adoption - 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. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 67. Final Adoption - 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. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 1 (Harris) 68. Final Adoption - 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. Councilmember Lantry moved approval. Adopted Yeas - 7 Nays - 0 69. Final Adoption - 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) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 70. Final Adoption - 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) Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 71. Final Adoption - 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) Councilmember Blakey Reiter approval. Adopted Yeas - 7 Nays - 0 72. First Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning map, in off - street parking standards, and hillside design standards. Laid over to March 12 for second reading 73. First Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to citywide zoning regulations for development on steep slopes. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 11 of 17 Laid over to March 12 for second reading The meeting was recessed from 4:40 - 5:35 p.m. Roll Call: Present - 7 Absent - 0 PUBLIC HEARINGS 74. Resolution - 03 -236 - Expanding Area 12 by establishing No Parking 8:00 a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to Noon Saturday, except holidays, except by permit on both sides of Kenneth Street from Palace Avenue to alley 130 feet south. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Yeas - 7 Nays - 0 Councilmember Blakey asked if there were adequate resources to fund this no parking area. Councilmember Harris responded that it is a very small extension of a current permit parking district. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 83. Public hearing 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). City Attorney Manuel Cervantes addressed Items 83 and 84 saying these two appeals involve a recent lawsuit that was brought by Clear Channel against the City of Saint Paul. The first Writ of Mandamus was denied but the judge granted the Alternative Writ of Mandamus. The Licensing Office granted the permits in both of these cases. The matter was appealed, it went to the Zoning Committee and they denied the appeal. It then went to the Planning Commission and they sustained the Zoning Committee's decision and the matter was appealed. Some 53 days and 83 days after the permits were issued, the Planning Commission's decision was appealed and that's what has brought these cases before the Council. Subsequent to that, Clear Channel brought their suit in District Court. As part of the City's ordinance, once an appeal is perfected to the Planning Commission's decision, it stays or suspends the permits. That is the subject of what the judge has ordered - that the suspension be lifted, that the permits that were issued initially by LISP, but stayed pursuant to the appeals from the Planning Commission's decision, are lifted so, in effect, those permits are good. The judged ordered a hearing on March 6, 2003, where it would be an order to show cause as to why this decision of the judge should not stand. Councilmember Benanav said it appears the judge made her decision on the 60 -day rule; the permits were issued within 60 days and they are being appealed. If the judge is correct in her interpretation, it appears that every decision, including the appeal, has to be heard within 60 days which is almost an impossibility. It seems that the 60 -day rule is just for granting of the permit and it was granted in 60 days, but the judge is interpreting it as all matters related to that have to be concluded within 60 days which is difficult if not impossible to meet. Mr. Cervantes said it is his understanding that the city attorney has been aware of the lawsuit and he felt Benanav's analysis was accurate. The matter had been set up for argument on March 6 sometime back fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 12 of 17 but the judge has now decided that she is comfortable enough with her reading of it and one side's version of what it means to make this decision. Eric Larson, Assistant City Attorney, had been preparing his response long before today but now they are in a different procedural posture. Councilmember Lantry moved to layover to March 26 in order to see what the results of the March 6 hearing will be. Laid over to March 26 Yeas - 6 Nays - 1 (Blakey) 84. Public hearing 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). Councilmember Lantry moved to lay over to March 26. Laid over to March 26 Yeas - 6 Nays - 1 (Blakey) 75. Resolution - 03 -237 - Ordering the owner to remove or repair the building at 1107 Bush Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, reported that a Legislative Hearing was held on February 25. The owner of the property is Bank of America who has been in possession of the building for about one year. They have not posted bond to do the rehabilitation but since the hearing a code compliance inspection has been completed. Her recommendation was to go forward with the order because of the poor history of Bank of America of maintaining the building. There have been six summary abatement notices and subsequent work orders for basic maintenance kinds of issues and she does not have confidence that they will pursue the rehabilitation plans. Also, they were only planning on doing minimal repairs in order to convey the property to HUD. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays 0 Councilmember Lantry said she talked to the Bank of America representative on this date and they were going to post the $2,000 bond by March 12 and they have plans to reinvest $75,000 into the property and sell it. Councilmember Lantry moved to lay over one week. Laid over to March 12 Yeas - 7 Nays - 0 76. Resolution Ratifying Assessment - 03 -238 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean up) for properties located at 774 Central Avenue, 430 Edmund Avenue, 837 Fourth Street, East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA); demolition of building at 1000 Reaney Avenue (J0204CC); and boarding -up of vacant building at 567 Stryker Avenue (J0207BB). (Laid over from February 26) (Legislative Hearing Officer recommends the following: 271 Maria Avenue Q0207AAA) - approval of the assessment 1000 Reaney Avenue (J0204CC - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 567 Stryker Avenue (J0207BB� approval of the assessment 430 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -year fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 13 of 17 period 837 Fourth Street East (J0207AAA) - laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting 550 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -year period 774 Central Avenue West (J0207AAA) - approval of the assessment) No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval as amended. Adopted as amended Yeas - 7 Nays - 0 77. Resolution Ratifying Assessment - 03 -239 - In the matter of the assessment of benefits, cost and expenses for towing abandoned vehicles from private property for parts of May, June, July, and August of 2002 (J0205V); boarding up vacant buildings for December 2002 (J0208B); and summary abatements (property clean -up) for part of July 2002 to part of December 2002. (Legislative Hearing Officer recommends the following: 6-79 627 Palace Avenue (J0207A1) - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 236 Arlington Avenue West (J0207A1) - approval of the assessment 2021 California Avenue East (J0207A1) - laving over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 972 Dayton Avenue (J0205V - laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting 1817 Dayton Avenue (J0207A1) - approval of the assessment 691 Edmund Avenue (J0205V) - approval of the assessment 123 Geranium Avenue East Q0205V) - laving over to the March 11, 2003 Legislative Hearing and the March 26, 2003, City Council Meeting_ 1264 Marshall Avenue (J0207A1) - approval of the assessment 679 Maryland Avenue East Q0207A1) - approval of the assessment 1774 Norfolk Avenue (J0207A1) - deleting the assessment 645 Oakdale Avenue Q0207A1) - approval of the assessment 892 Wilder Street South (J0207A1) - reducing the assessment by $100.00 from $400.50 to $255.50 plus the $45.00 administrative fee for a total assessment of $300.50. 712 Hawthorne Avenue East Q0207A1) - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 289 Fifth Street East Q020813) - deleting the assessment 1364 Marion Street (J0205V) - deleting the assessment 774 Central Avenue West (J0205V) - approval of the assessment) Marcia Moermond, Legislative Hearing Officer, asked the Council to amend 620 Palace Avenue, 2021 California Avenue, and 123 Geranium Avenue as noted above, and to make the following additional amendments: 2168 Minnehaha Avenue East Q0205V) - laid over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting. 115 Sycamore Street East (J0205V) - laid over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting. 0 Nugent Street (J0207A1) - laid over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting. 279 Nugent Street (J0207A1) - laid over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting. fileJ /C:ADOCUME- l\LFSUPP- l\LOCALS -l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 14 of 17 No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Adopted as amended Yeas - 7 Nays - 0 78. Appeal of James Bigelow, Sr. to a summary abatement order dated January 27, 2003, for property at 707 Maryland Avenue East. (Legislative Hearing Officer recommends denying the appeal) Marcia Moermond, Legislative Hearing Officer, stated that this summary abatement order was issued for the garage on the property. Inspectors from Code Enforcement determined that some of the key support beams for the roof are failing. A team inspection has been done and a rehabilitation plan for the building has been compiled. The owner has not decided yet whether he will pursue it. Ms. Moermond recommended denying the appeal as the building is dangerous. No one appeared in opposition; Councilmember Blakey moved to close the public hearing and to deny the appeal. Appeal denied Yeas - 7 Nays - 0 79. Appeal of Mark Meysembourg to a notice of condemnation dated February 3, 2003, for property at 970 Euclid Street. (Legislative Hearing Officer recommends denying the appeal) Marcia Moermond, Legislative Hearing Officer, said that correction orders were issued on this property for conditions that were discovered in an inspection resulting from a complaint of one of the tenants. Mr. Meysembourg's appeal was premised on the fact that the city should not have had inspectors inside of the house, that their presence was inappropriate and, therefore, all findings resulting from their presence should not be considered. This issue was dealt with when the correction orders were being considered which were appealed. None of the substantive issues listed in the condemnation notice having to do with the building's unsanitary condition or repairs needed were mentioned in the condemnation appeal filed by Mr. Meysembourg. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and to deny the appeal. Appeal denied Yeas - 7 Nays - 0 80. Resolution Ratifying Assessment - 03 -240 - In the matter of the assessment of benefits, cost and expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern style lighting system, and all other work necessary to complete said improvements on Sixth Street between Mounds Boulevard to Maria Avenue. (File No. 18970) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 81. Public hearing 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 Avenue and Rose Avenue). Rich Malloy, Department of Planning and Economic Development, displayed a layout of the property. SuperAmerica has purchased three lots and has met the requirements for rezoning. It was approved by the Zoning Committee and the Planning Commission and staff recommends approval. They have fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 15 of 17 obtained the required petition of neighbors, and they meet the compatibility based on the site plan requirements that will be imposed on them. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 7 Nays - 0 82. Public hearing 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. Alan Torstenson, Department of Planning and Economic Development (PED), presented a staff report. In the fall of 2001, PED initiated a study of the flood insurance rate map for St. Paul. It is a FEMA (Federal Emergency Management Association) map that affects how they regulate. Most of the process for reviewing those amendments has been a federal process. That map is the basis for the local flood plain overlay zones which are the flood way and foodfringe zones in the river corridor ordinance; they do not affect the River Corridor overlay districts in the ordinance that are outside of the floodway. They are the ones further up on the bluff. The maps were last revised in 1989 and since then there has been a flood control project, a levy and bridge construction and also there is better hydrologic information and a better hydrological model for the river so the new floodway and floodfringe boundaries are based on all of that information. Last summer FEMA approved the study. They have their own statutory 90 -day period for appeal of anything that was in that study and any of the recommended zoning lines. That period passed with no valid requests for appeal so on October 2 the city was notified by FEMA that they had approved those map revisions and the city has until April 2 to adopt the floodway and floodfringe boundaries as St. Paul's own overlay zoning boundaries for those districts FEMA also notified PED that there were amendments to St. Paul's local regulations that had to be made to make sure that our river corridor zoning regulations were in compliance with current federal legislation. Mr. Torstenson said he has work with DNR and FEMA staff the last couple of months to make sure that they are correct. On February 28, the Planning Commission recommended approval of the revisions to the overlay zoning district maps for the floodway and the floodfringe and the text amendments that are required by FEMA. No one appeared in opposition; Councilmember Coleman moved to close the public. Yeas - 7 Nays - 0 (See Suspension Item for ordinance introduced) Suspension Item Councilmember Coleman moved suspension of the rules and first reading of the following ordinance. Yeas - 7 Nays - 0 First Reading - 03 -241 - An ordinance to adopt revised floodplain regulations and zoning maps for all property in the City of Saint Paul located within the floodplain. (Public hearing held March 5) Laid over to March 12 for second reading Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 16 of 17 ADJOURNED AT 6:10 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson March 26, 2003 Assistant Council Secretary fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010 Page 17 of 17 mce fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_155746\Approved ... 12/15/2010