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Minutes 10-20-2004Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 20, 2004 - 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 Present - 4 - Bostrom, Harris, Helgen, Lantry Absent - 3 - Benanv, Thune (arrived shortly after Roll Call), Montgomery CONSENT AGENDA (Items I - 36) NOTE:ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The following communication was read into the record: Letter from the Real Estate Division announcing a public hearing before the City Council on October 27, 2004 to consider diverting city park land abutting 1302 Reaney Avenue for a private driveway access across Johnson Parkway and to authorize city officials to enter into an agreement with the property owner for construction and use of the driveway. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1.Claims of Diana Acevedo, Peter Bydzovsky, Marina Castillo, Diane Dodd, Beth Holmgren, Debra Huff, Daniel Le, Ursel Matthias, John Rasmussen, Angela Rose, and Sarah Thul. 2.Letter from the Real Estate Division announcing a public hearing before the City Council on November 3, 2004 to consider the petition of the City of Saint Paul to vacate a portion of Starkey Street northwesterly of Water Street and southeasterly of Government Lot 7 to develop the site known as the West Side Flats, Wabasha to west of the railroad tracks. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 2 of 7 3.Letter from the Real Estate Division announcing a public hearing before the City Council on November 3, 2004 to consider the petition of the City of Saint Paul to vacate and release the City's interest in Government Lot 7 in the area bounded by Wabasha Street, Water Street, the Mississippi River and the railroad tracks to develop the site known as the West Side Flats, Wabasha to west of the railroad tracks. 4.Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing on October 27, 2004 to consider the appeal of Koua Lee to a decision of the Board of Zoning Appeals denying a setback variance in order to split the property at 1306 Minnehaha to allow for the construction of a new single family home. 5.Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 27, 2004 to consider the appeal of the Summit Hill Association on a decision of the Planning Commission approving the establishment of a triplex as a legal nonconforming use at 673 Lincoln Avenue, between St. Albans and Dale. 6.Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 27, 2004 to consider the appeal of QTI Holdings on a decision of the Planning Commission denying the re- establishment of a nonconforming use as a duplex at 422 Charles Avenue, between Arundel and Western. 7.Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on November 3, 2004 to consider the application of Island Station LLC for a rezoning from I -2 (General Industrial) to TN2 (Traditional Neighborhood) for a residential mixed -use development at 436 Shepard Road (380 Randolph Avenue), SE of the intersection of new Shepard Road and Randolph Avenue. 8. Administrative Order: D002438Approving the transfer of spending authority within the Public Works Administration Fund to more accurately reflect department head reimbursement needs and to provide compliance with fund sufficiency policies for the year 2004. Noted as on file in the City Clerk's Office FOR ACTION 9.Resolution - 04 -985 - Approving the Memorandum of Agreement between the City and AFSCME 4 2508 to extend the previously approved pilot project for employees in the Information Services Division, the Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public Health. (To be laid over one week for adoption.) Laid over to October 27 for adoption 10.Resolution - 04 -986 - Approving the Memorandum of Agreement between the City and AFSCME 41842 to extend the previously approved pilot project for employees in the Information Services Division, the Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public Health.. (To be laid over one week for adoption.) Laid over to October 27 for adoption fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 3 of 7 I l Resolution - 04 -987 - Approving the Memorandum of Agreement between the City and PEA to extend the previously approved pilot project for employees in the Information Services Division, the Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public Health.. (To be laid over one week for adoption.) Laid over to October 27 for adoption 12.Resolution - 04 -988 - Approving the Memorandum of Agreement between the City and SPSO to extend the previously approved pilot project for employees in the Information Services Division, the Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public Health. (To be laid over one week for adoption.) Laid over to October 27 for adoption 13.Resolution - 04 -989 - Approving the appointment, by Mayor Kelly, of Jacqueline Nicholas to serve on the Truth In Sale of Housing Board. AdoptedYeas - 6Nays - 0 14.Resolution - 04 -990 - Approving the appointments, by Mayor Kelley, of Matthew Johnson, M.D. Kassim, Gloria Quiroga and reappointments of Ilyas Ali, Arthur Blakey, David Solomon Wange Cohen and Amanda Welliver to the Human Rights Commission. AdoptedYeas - 6Nays - 0 15.Resolution - 04 -991 - Reducing the assessment for property clean up in March, 2004 at 872 Simcoe Street. AdoptedYeas - 6Nays - 0 16.Resolution - 04 -992 - Authorizing settlement of Hughes v. City of Saint Paul in the amount of $45,000. AdoptedYeas - 6Nays - 0 17.Resolution - 04 -993 - Authorizing adverse action against the taxicab vehicle license held by Mohamed Abdulahi Hassan d/b /a Five Star Taxi. AdoptedYeas - 6Nays - 0 18.Resolution - 04 -994 - Authorizing adverse action against the taxicab driver's license renewal application by Jeffrey A. Marusich, 1730 Helena Street North, Oakdale. AdoptedYeas - 6Nays - 0 19.Resolution - 04 -995 - Authorizing adverse action against the city contractor license held by All American Window, 12982 - 100th Street South, Hastings. AdoptedYeas - 6Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 4 of 7 20.Resolution - 04 -996 - Authorizing adverse action against the cigarette /tobacco license held by H & X Sausage, LLC,1214 Thomas Avenue. AdoptedYeas - 6Nays - 0 21.Resolution - 04 -997 - Waiving the 45 -day notice requirement for issuance of on -sale liquor and Sunday on -sale liquor licenses for Texsota Catering, LLC d/b /a Los Tejanos, 287 Ruth Street. AdoptedYeas - 6Nays - 0 22.Resolution - 04 -998 - Authorizing adverse action against the taxicab driver's license renewal application submitted by Matthew G. Geopfert, 738 Bradley Street. AdoptedYeas - 6Nays - 0 23.Resolution - 04 -999 - Authorizing the Police Department to accept a donation of $25,000 from David and Sandra Frauenshuh, and a $20,000 donation from John Nasseff and Helene Houle to be used for the mounted patrol unit, and establishing a financing and spending plan for the donations. AdoptedYeas - 6Nays - 0 24.Resolution - 04 -1000 - Authorizing the Police Department to accept a donation of $1,140 from Tavern on Grand, Inc., to support police operations. AdoptedYeas - 6Nays - 0 25.Resolution - 04 -1001 - 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 2004 -2005 season. AdoptedYeas - 6Nays - 0 26.Resolution - 04 -1002 - Amending the Watergate Marina budget to include cost sharing assistance from Ramsey Soil and Water Conservation District and the City of Saint Paul for the erosion and water quality project at Watergate Marina. AdoptedYeas - 6Nays - 0 27.Resolution - 04 -1003 - Authorizing a financing and spending plan for payment from the Twin Cities Marathon, Inc. AdoptedYeas - 6Nays - 0 28.Resolution - 04 -1004 - Establishing a spending and financing plan for the Taylor Park Play Equipment project. AdoptedYeas - 6Nays - 0 29.Resolution - 04 -1005 - Authorizing a spending and financing plan for the 2004 Blooming Saint Paul project and amending the 2003 Kellogg Beautification project budget. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 5 of 7 AdoptedYeas - 6Nays - 0 30.Resolution - 04 -1006 - Amending the 2004 Citywide Tree Planting project budget. AdoptedYeas - 6Nays - 0 31.Resolution - 04 -1007 - Authorizing an offset of certain capital obligations of the cable franchise for 2005, pursuant to Article III, Section 304 (a) of the cable television franchise (C.F. 98 -234). AdoptedYeas - 6Nays - 0 32.Resolution - 04 -1008 - Approving the expansion of one -hour parking, 8:00 a.m. to 5:00 p.m. Monday - Friday Except by Permit, Area 2 (U of M area), on the south side of Buford Avenue from Cleveland Avenue to the alley 150 feet west. AdoptedYeas - 6Nays - 0 33.Resolution - 04 -1009 - Establishing a budget in the 2004 Capital Projects Fund for the repair of the Summit Avenue Bridge over Ayd Mill Road. AdoptedYeas - 6Nays - 0 34.Resolution - 04 -1010 - Amending the spending and financing plans of the Saint Paul Riverbluff Acquisition Project and the 2004 CIB Contingency. AdoptedYeas - 6Nays - 0 35.Preliminary Order - 04 -1011 - In the matter of improving the alley in Como, Block 5, bounded by California Street, Larpenteur Avenue, Chatsworth Street (vacated) and Milton Street, by grading and paving with a bituminous material and setting the date of public hearing for November 3, 2004. AdoptedYeas - 6Nays - 0 36.Preliminary Order - 04 -1012 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts and fill, including the right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley in Como, Block 5, bounded by California Street, Larpenteur Avenue, Chatsworth Street (vacated) and Milton Street, and setting the date of public hearing for November 3, 2004. AdoptedYeas - 6Nays - 0 FOR DISCUSSION 37.Resolution Ratifying Assessment - 04 -968 - In the matter of the assessment of benefits, cost and expenses for the Case /Ruth Area Street Paving and Lighting Project. (File No. 18997) (Laid over from October 6) AdoptedYeas - 6Nays - 0 38.Resolution - 04 -936 - Approving $302,616 of STAR funds for Vertical Endeavors to be used to remove soil contamination at 835 Arcade Street. (Laid over from October 13) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 6 of 7 WithdrawnYeas - 6Nays - 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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 39.Second Reading - 04 -983 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes for the Middle Section of the Phalen Corridor zoning maps. Laid over to October 27 for third reading /public hearing 40.Second Reading - 04 -984 - An ordinance amending Chapter 200.17 of the Saint Paul Legislative Code establishing guidelines and limiting the amount of time an animal can be restrained by a chain to no more than two hours and amending the restrictions on training collars. Laid over to October 27 for third reading /public hearing 41.First Reading - 04 -1013 - An ordinance memorializing City Council action approving the application of Twin Cities Habitat for Humanity to rezone property from R2 (Single- family Residential) to RM1 (Multiple - family Residential) at 1526 Ames Avenue; SW corner at Hazelwood Street. (Public Hearing held September 22) Laid over to October 27 for second reading 42.First Reading - 04 -1014 - An ordinance memorializing City Council action approving the application of Allen Hohenwald to rezone property from VP (P1) (Parking) to R4 (One - Family Residential) to construct a single family home on the east side of Iroquois Avenue, between Case and Stillwater Avenues. (Public hearing held September 22) Laid over to October 27 for second reading 43.First Reading - 04 -1015 - An ordinance memorializing City Council action approving the application of Janet Jackson to rezone property from B 1 (Local Business) to R4 (One - Family Residential) at 1160 Montreal Avenue; southeast corner at West Seventh Street. (Public hearing held October 6) Laid over to October 27 for second reading Council Meeting Information Website: For an updated copy of the City Council Meeting agendas or minutes, please visit our Website at http: / /www. ci. stpaul. inn. us /council Cable: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010 Page 7 of 7 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 S: 30 p. m., Mondays at 8:00 a.m. 1:30 p.m., and S: 30 p. m.; Tuesdays at 8:00 a.m., and 5:30 p.m.; and Wednesdays at 8:00 a.m. and 1:30 p.m. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163554\Minutes 10... 12/15/2010