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Minutes 3-12-2003Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 12, 2003 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651- 266 -8565 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman (arrived after roll call) CONSENT AGENDA (Items 1 - 26) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Nancy Duff- Hruby, Mao Lee, Kathy McGowan, Colleen Nuernberg, and Sarah Richard. Referred to the Risk Management Division 2. Communication from Mayor Kelly dated March 3, 2003, announcing his veto of the item in Council File 403 -212 denoted "Council's Proposed Change in Spending Cut Targets for Fire" in the amount of $58,637, and associated language, adopted February 26, 2003. 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. (Billboards at 1278 Grand Avenue and 1670 White Bear Avenue) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010 Page 2 of 6 Referred to the City Attorney's Office 4. First Amended Verified Complaint and Petition for Writ of Mandamus in the matter of Clear Channel Outdoor, Inc. vs. the City of Saint Paul. (Billboard at the northwest corner of St. Clair Avenue and Ayd Mill Road) Referred to the City Attorney's Office 5. Alternative Writ of Mandamus and Findings of Fact, Conclusions of Law and Order Issuing Alternative Write of Mandamus in the matter of Clear Channel Outdoor, Inc. vs. The City of St. Paul. (Billboards at 1278 Grand Avenue and 1679 White Bear Avenue) (Note: The Community Councils' related appeals were laid over from March 5 to March 26) Referred to the City Attorney's Office 6. Notice of Motion and Motion of respondent Tuft Properties, LLC to Withdraw Monies on Deposit; Affidavit of Thomas W. Tuft; and [Proposed] Order Granting Respondent's Tuft Properties, LLC's Motion to Withdraw Monies on Deposit in the matter of the Housing and Redevelopment Authority of the City of St. Paul v. the City of St. Paul, et al. Referred to the City Attorney's Office 7. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on March 26, 2003, to consider the application of Molly E. Skinner, owner of Skinner's Pub, to allow live band music in an outdoor tent at Skinner's Pub, 919 Randolph Avenue, on May 31, 2003, from 12:00 noon to 10:00 p.m. 8. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on March 26, 2003, to consider the appeal of Russanne Low to a decision of the Board of Zoning Appeals granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the house at 1280 Keston Street. 9. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 2, 2003, to consider the application of the Metropolitan Council (Eastside Bus Garage) for approval of a final plat to create two industrial lots at 800 Mississippi Street between York and Minnehaha Avenues. 10. Letter from the Citizens Service Office /Division of Property Code Enforcement declaring 20 Sycamore Street East as nuisance property and setting date of Legislative Hearing for March 11, 2003, and City Council Hearing for March 26, 2003. 11. Administrative Orders: D002246 Authorizing the Division of Marketing and Promotions to provide supplies, printing and advertising materials, not to exceed $8,000.00, to aid in promoting the Actors Theater in Saint Paul. D002247 Authorizing the Division of Parks and Recreation to purchase food items and to pay catering companies who provide food, not to exceed $25,000.00, for the Marjorie McNeely Conservatory Special Events for 2003. D002248 Amending the spending plans for Public Works Administrative and Support Services Fund activities to balance actual spending against adjusted budgets. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010 Page 3 of 6 D002249 Authorizing payment, not to exceed $350.00, to Byerly's to cover expenses for food service for the participants in the Police Department's Interview and Interrogation Course on April 16 -18, 2003, at Hamline University. D002250 Authorizing payment, not to exceed $2,500.00, to U.S. Interagency OPSEC Support Staff, Greenbelt, Maryland, to cover travel expenses for the instructor for the "Operational Security Course" sponsored by the Police Department's Professional Development Institute on March 4 -5, 2003, at the Police Department Eastern District, 722 Payment Avenue. D002251 Authorizing payment, not to exceed $150.00, to Byerly's, 1959 Suburban Avenue, for food service for the participants in the Police Department's "Operational Security Course" on March 14, 2003. Noted as on file in the City Clerk's Office FOR ACTION 12. Approval of minutes of February 26, 2003. Adopted Yeas - 7 Nays - 0 13. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine Zimmer Lonetti to the Planning Commission. Laid over to March 26 Yeas - 7 Nays - 0 14. Resolution - 03 -243 - Recommending that the Board of Ramsey County Commissioners approve the repurchase application for the property at 542 Portland Avenue. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -244 - Exempting the "Federowski's" project from the Arcade Street Moratorium. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -245 - Approving the Housing Action Plan 2003. Laid over to April 9 Yeas - 7 Nays - 0 17. Resolution - 03 -246 - Memorializing City Council action taken December 11, 2002, granting the appeals of Saint Anthony Park Community Council, Scenic St. Paul, and Jay Dregni to a decision of the Planning Commission to uphold a billboard repair permit issued by the Office of License, Inspections and Environmental Protection (LISP) and denying the request of neighborhood organizations to revoke the repair permit for an old single- sided, wooden billboard at 1016 Raymond Avenue (east side of Raymond Avenue at Raymond Place). Adopted Yeas - 7 Nays - 0 18. Resolution - 03 -247 - Memorializing City Council action taken November 20, 2002, denying the appeal of Clear Channel Outdoor, Inc. to a decision of the Saint Paul Planning Commission revoking a billboard repair permit issued by the Office of License Inspections and Environmental Protection (LISP) for a wooden, v- shaped billboard with two sign faces on the northwest corner of St. Clair Avenue and Ayd Mill Road. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010 Page 4 of 6 19. Resolution 03 -248 - Memorializing City Council action taken January 22, 2003, denying the appeal of Pawn America Minnesota, LLC to a decision of the Planning Commission denying the application for a conditional use permit to operate a Pawn Shop at 1907 Suburban Avenue. Adopted Yeas - 7 Nays - 0 20. Resolution - 03 -249 - Approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correction Orders, and Correction Notices for 39 Avon Street South, 45 Avon Street South, 733 Pierce Butler Route, and 469 Whitall Street. Adopted Yeas - 7 Nays - 0 21. Resolution - 03 -250 - Authorizing the Police Department to enter into an agreement with Hamline University for police training space rental at Hamline University on March 4 -6, 2003, and April 16 -18, 2003. Adopted Yeas - 7 Nays - 0 22. Resolution - 03 -251 - Authorizing the classified non - represented legislative and management personnel to place their "severance" pay in the City's Post Employment Health Plan. Adopted Yeas - 7 Nays - 0 23. Resolution - 03 -252 - Approving the use of advance financing from the State of Minnesota, not to exceed $3 million, for the 2003 MSA Program. Adopted Yeas - 7 Nays - 0 24. Resolution - 03 -253 - Amending Council File 02 -1127 to add opposition to House File 261 relating to the Minnesota Citizens' Personal Protection Act of 2003. Adopted Yeas - 7 Nays - 0 25. Preliminary Order - 03 -254 - In the matter of acquiring the property at the northwest corner of Grove and Olive Streets and the southeast corner of 13th and Olive Streets for parking for the new Police Department Headquarters (Griffin Building), and setting date of public hearing for April 2, 2003. (File No. AE2002 -6) Adopted Yeas - 7 Nays - 0 26. Resolution Approving Assessment - 03 -255 - In the matter of the assessment of benefits, cost and expenses for boarding up vacant buildings for part of December 2002 and all of January 2003 (J0301B); demolition of buildings from January 2003 to part of February 2003 (J0301C); and summary abatements (property clean - up)for part of December 2002 to part of January 2003 (J0301A), and setting date of public hearing for April 23, 2003. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 27. Resolution - 03 -256 - Accepting the winning proposal and awarding the bid for the $26,280,000 Sewer Revenue Bonds Series 2003D. Adopted as amended Yeas - 7 Nays - 0 28. 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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010 Page 5 of 6 approval) (Laid over from March 5) Adopted as amended (remove or repair within 100 days) Yeas - 7 Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 29. 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. (Amended and laid over from March 5 for final adoption) Adopted Yeas - 7 Nays - 0 30. Second 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 26 for third reading /public hearing 31. Second Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to citywide zoning regulations for development on steep slopes. Laid over to March 26 for third reading /public hearing 32. Second Reading - 03 -241 - Adopting the 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 19 for third reading 33. First Reading - 03 -257 - An ordinance amending the interim ordinance adopted in Council File No. 01 -648 (The Arcade Street Study) by extending the terms of the interim ordinance established therein for an additional six months as authorized in Minn. Stat. § 462.357, Subd. 4. Laid over to March 19 for second reading 34. First Reading - 03 -258 - An ordinance creating a separate library agency and establishing its duties, powers and composition. Laid over to March 19 for second reading Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at www.ci.stnaul.mn.us /council. Cable file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010 Page 6 of 6 The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1: 00 p.m. (Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8: 00 a. m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8: 00 a. m. 1: 30 p.m., and 5:30 p.m.; Tuesdays at 8: 00 a. m., and 5:30 p.m.; and Wednesdays at 8: 00 a. m. and 1: 30 p.m. fileJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_170112\Minutes 3 -... 12/15/2010