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Minutes 7-2-2003Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 2, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson, Assistant Secretary to the Council 651- 266 -8565 or Vicki Sheffer - 266 -8673 Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 21) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Robert Lewis, Ben Belyea, Ron Hjelseth, Ed Lavigne, Darlene Lurks, and Jerilynn Hanson. Referred to the Risk Management Division 2. Plaintiffs Response to Effendis' Motion to Intervene in the matter of Mark Voerding, et. al. vs. The City of Saint Paul. Referred to the City Attorney's Office fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 2 of 7 3. Administrative Orders: D002308 Authorizing payment, not to exceed $10,000.00, to the new Fire Chief, Douglas Holton, as reimbursement for relocation expenses for his move from Milwaukee, WI to Saint Paul, MN. D002309 Authorizing payment, not to exceed $3,000.00, to Public Art Saint Paul, for expenses incurred for the Western Park planning, grand administration, and community outreach services performed in installing ornamental lighting in Western Park. Noted as on file in the City Clerk's Office FOR ACTION 4. Resolution - 03 -638 - Approving the Memorandums of Agreement between I.S.D. No. 625 and Bricklayers & Allied Craftworkers Local No. 1 of MN; International Union of Painters and Allied Trades District Council 82; Lakes and Plains Regional Council of Carpenters and Joiners; and Minnesota Cement Masons, Plasters and Shophands, Local 633 to establish terms and conditions of Employment for 2003 -2004. (To be laid over one week for adoption) Laid over to July 9 for adoption 5. Resolution - 03 -639 - Approving the Memorandum of Agreement between the Operative Plasterers and Cement Masons International Association, Local 4633 for the 2003 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to July 9 for adoption 6. Resolution - 03 -640 - Concerning adverse action against the licenses held by Maryland Amoco, Inc. d/b /a Maryland Amoco located at 1200 White Bear Avenue North. Adopted Yeas - 7 Nays - 0 7. Resolution - 03 -602 - Concerning adverse action against the Restaurant (B) license application of Michael C. Robinson, dba Robinson's Barbeque & Catering, 1001 Payne Avenue. (Laid over from June 25) Adopted Yeas - 7 Nays - 0 8. Resolution - 03 -641 - Approving the decision of the Legislative Hearing Office on a request for a fence variance at 23 Isabel Street West. Adopted Yeas - 7 Nays - 0 9. Resolution - 03 -642 - Authorizing the Division of Parks and Recreation to enter into an agreement with the Amherst H. Wilder Foundation to receive $5,000 each from the Weed and Seed grant at the Martin Luther King and Jimmy Lee Recreation Centers for after school programs. Adopted Yeas - 7 Nays - 0 10. Resolution - 03 -643 - Establishing a 2003 financing and spending plan for Police Department services to the Amherst H. Wilder Foundation for zero tolerance patrols at the Summit University Weed and Seed site. Adopted Yeas - 7 Nays - 0 11. Resolution - 03 -644 - Authorizing the Police Department to enter into an agreement with Independent School District 4625 to continue to provide traffic and pedestrian control and stadium security at high school football games for the 2003 -2004 season. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 3 of 7 12. Resolution - 03 -645 - Authorizing the proper City officials to proceed with the development of an upgraded radio communication system and to work toward a consolidated Emergency Communication Center between Ramsey County and the City of Saint Paul. Adopted Yeas - 7 Nays - 0 13. Resolution - 03 -646 - Authorizing the proper City officials to execute agreements with the Metropolitan Council to implement a new Capital Improvement project for reconstruction of the trails around Lake Phalen. Adopted Yeas - 7 Nays - 0 14. Resolution - 03 -647 - Authorizing the proper City officials to execute agreements with the Metropolitan Council to implement a new Capital Improvement project for construction of a Harriet Island /Lilydale parking lot and to revet 400 lineal feet of the Mississippi River shoreline. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -648 - Amending the 2003 Capital Improvement Budget for construction of a Skate Park in Merriam Park. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -649 - Amending the 2002 Capital Improvement Budget for renovation of the Edgcumbe Play Area. Adopted Yeas - 7 Nays - 0 17. Resolution - 03 -650 - Amending the 2002 Capital Improvement Budget for the Shepard Road Trail project, and authorizing the Division of Parks and Recreation to enter into an agreement with Centex, which agreement includes an indemnification clause, to allow storage of surcharge material in the Samuel H. Morgan Trail corridor. Adopted Yeas - 7 Nays - 0 18. Resolution Approving Assessment - 03 -651 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mall operation and maintenance costs for 2002 and setting public hearing date for August 27, 2003. (File Nos. 18428 -2002) Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 03 -652 - in the matter of the operation and maintenance costs for the Seventh Place Mall for 2003, and setting public hearing date for August 27, 2003. (File No. 18428 -2003) Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 03 -653 - In the matter of the operation and maintenance costs for the Arcade /Case and the Grand /Snelling parking lots for 2004, and setting date of public hearing for August 27, 2003. (File Nos. 18744 and 18746) Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 03 -654 - In the matter of the assessment of benefits, cost and expenses for the Arcade /Case and the Grand /Snelling parking lots operation and maintenance costs for 2004 and setting public hearing date for August 27, 2003. (File Nos. 18744 and 18746) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 4 of 7 22. Consider the application of Mendota Homes, Inc. to rezone property from B -2 to RM -2 to be consistent with the 11 -unit resident structure being built at 1071 South Cleveland Avenue. (Public hearing held on June 4) (Laid over from June 18) Motion of Intent - Application Granted Yeas - 7 Nays - 0 23. Consider the application of Erin Mathern, Mendota Homes, for a preliminary and final plat creating ten lots for single family (R -3) development known as Montana Woods at 1537 Fisk Street (southwest corner of Fisk Street and Hoyt Avenue). (Laid over from June 25) Motion of Intent - Application Granted Yeas - 5 Nays - 2 (Benanav, Lantry) Councilmember Reiter requested that staff present the site plan for review and approval by the City Council when the plan has been submitted. 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. 24. Final Adoption - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the State of Minnesota. Adopted Yeas - 7 Nays - 0 25. Final Adoption - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code to clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary powers previously given to the Library Agency. Adopted Yeas - 7 Nays - 0 26. Second Reading - 03 -468 - An ordinance finalizing City Council action approving the application of Benjamin Commons Associates to rezone property from B -3 to RT -2 to allow the Selby Grotto Development project to proceed and new garages to be built for the Benjamin Commons Condo Association at 761 Selby Avenue. (Public hearing held on March 26) (Laid over from June 11 for second reading) Laid over to July 9 for third reading 27. Second Reading - 03 -622 - An ordinance finalizing City Council action granting the application of Rice Street Properties to rezone property from I -2 to I -1 Industrial to correspond with proposed parcel lines at 801 Rice Street. (Public hearing held May 28, 2003) Laid over to July 9 for third reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 28. Third Reading - 03 -595 - An ordinance amending Legislative Code Chapter 81 pertaining to storm sewer system charges to provide for the collection of interest against the balance of such charges not paid by October 1 of the billing year and by making minor text amendments to comport with current city department duties. Laid over to July 9 for final adoption fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 5 of 7 29. Resolution - 03 -�6 655 Approving the application of Jim Runyon, Development Associate representing Cretin - Derham Hall High School, 550 Albert Street, for a sound level variance on July 19, 2003, to allow live band amplified music at Cretin - Derham Hall in the outdoor courtyard from 7:00 p.m. to 11:30 p.m. Adopted Yeas - 7 Nays - 0 30. Appeal of Bruce Hein to a Notice of Condemnation and Order to Vacate property at 1096 East Lawson Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 31. Appeal of Arno Kamer to a Summary Abatement Order for property at 627 Palace Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 32. Appeal of Dennis Wier to a Notice of Condemnation and Order to Vacate property at 214 West King Street. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 7 Nays - 0 33. Resolution - 03-� 656 Ordering the owner to remove or repair the building at 794 Dayton Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends that the building be removed or repaired in 30 days) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 34. Resolution Ratifying Assessment - 03 -� 674 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during the month of February, 2003, for property at 1004 Bush Avenue (J0203AA) (Laid over from June 4, 2003) (Legislative Hearing Officer recommends laying over to the July 8, 2003 Legislative Hearing and the July 23, 2003, City Council Meeting) Laid over to July 23 Yeas - 7 Nays - 0 35. Resolution Ratifying Assessment - 03-9 657 in the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during the month of March 2003 for property at 1237 Matilda Street. (Legislative Hearing Officer recommends the City divide the total assessment of $288 over a five year time period allowing the owner to pay in installments) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 36. Final Order - 03 -569 658 - In the matter of sidewalk reconstruction and /or new construction from the South Side of East Fourth Street from Wacouta Street to Wall Street at 270 East Fourth Street only. (File No. S03003) Adopted Yeas - 7 Nays - 0 Suspension Items: Resolution - 03- 659- Authorizing the Office of Marketing and Promotions to accept a donation from the Saint Paul Saints organization of hot dogs, hamburgers, brats and buns, with a monetary value of $230.00, for use by employees of the Division of Parks and Recreation for the Hmong Soccer Festival, held July 4 and 5, 2003, at McMurray Fields. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 6 of 7 Resolution - 03- 660 Approving funding for Cycle 9 (2003) of the Cultural Star Program for a grant of $9,000 to the Chinese Dance Theater and waiving the program requirement that 25 percent of funds be distributed as loans. Adopted Yeas - 7 Nays - 0 Councilmember Lantry requested the Office of License, Inspections and Environmental Protection to provide a report at the July 16, 2003 City Council meeting concerning the Animal Control Center and how new staffing levels are affecting services, the hours of operation at the pound, and services that are no longer provided concerning the capture of wild animals. Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at www.ci.stpaul.mn.us /council. Cable The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1: 00 p.m. (Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8:00 a. m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8: 00 a. m. 1: 30 p.m., and 5:30 p.m.; Tuesdays at 8: 00 a. m., and 5:30 p.m.; and Wednesdays at 8: 00 a. m. and 1: 30 p.m. fileJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010 Page 7 of 7 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172332\Minutes 7 -... 12/15/2010