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Minutes 3-24-2004Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 24, 2004 - 3:30 p.m. PUBLIC HEARINGS - 5:30 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 • Public Library Board Agenda • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 6 - Benanav, Harris, Helgen, Lantry, Montgomery, Thune Absent - 1 - Bostrom (excused) CONSENT AGENDA (Items 1 - 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 COUNCIL,MEMBER, 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 April 7, 2004, to consider the petition of the City of Saint Paul, on behalf of the Department of Public Works, to vacate that part of Hathaway Street lying southeasterly of West Seventh Street and northwesterly of Adrian Street in order to facilitate the development of a residential and retail mixed -use. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Brian Doherty, Mary Konsela, Brian Steele & Associates (for Angela Seiferd), Michael Thrasher, Joseph Willy, and Xcel Energy. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 2 of 10 Referred to the Risk Management Division 2. Communication from Mayor Kelly dated March 11, 2004, announcing his veto of Council File 04- 266, Providing support for additional Saint Paul Legislative Agenda items, Federal priorities and relevant portions of the 2004 Ramsey County Legislative Agenda, adopted by the Council on March 3, 2004. 3. Communication from Mayor Kelly dated March 11, 2004, announcing his veto of Council File 04- 272, Supporting 2004 Legislative Session capital bonding requests, adopted by the Council on March 3, 2004. 4. Communication from Mayor Kelly dated March 11, 2004, announcing his veto of Council File 04- 273, Removing the Holman Field Floodwall Project from the legislative priorities and support items for the 2004 Legislative Session, adopted by the Council on March 3, 2004. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 7, 2004, to consider the appeal of University United to a decision of the Planning Commission approving the site plan for a new CVS Pharmacy store at 1581 University Avenue. 6. Administrative Orders: D002379 Amending the 2004 budget in the Division of Parks and Recreation to reallocate spending authority within three of recreation's general fund activities. D002380 Amending the 2003 budget in the Division of Parks and Recreation Special Revenue Fund, Como campus. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of February 25, 2004. Adopted Yeas - 6 Nays - 0 8. Resolution - 04 -318 - Approving the appointments of Kurian Benjamin and Barbara Reindl Pjevach, by Mayor Kelly, to the Workforce Investment Board. Adopted Yeas - 6 Nays - 0 9. Resolution - 04 -319 - Approving the appointments of Margaret (Peggy) Laub, Tegan McDonough, Ronald Moccia, Maddie Orenstein, Jessica Wright, and Kurt Zilley and the reappointments of William (Billy) Collins, Jim Kelley, and Miriam Rykken, by Mayor Kelly, to the Youth Fund Board. Adopted Yeas - 6 Nays - 0 10. Resolution - 04 -320 - Requesting the formation of a cross - departmental workgroup to develop a proposal for updating the Early Notification System (ENS) and sharing contact list and media fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 3 of 10 information. Adopted Yeas - 6 Nays - 0 11. Resolution - 04 -321 - Recognizing the fund raising efforts of the Como Park Zoo and Conservatory Society. Adopted Yeas - 6 Nays - 0 12. Resolution - 04 -322 - Authorizing the Department of License, Inspections and Environmental Protection to enter into an agreement with the Association for Nonsmokers — Minnesota for payment of up to $10,000 to conduct tobacco compliance checks for 2004 and 2005. Adopted Yeas - 6 Nays - 0 13. Resolution - 04 -323 - Approval of the 2004 Residential Street Vitality Project Areas and tentative approval of 2005 - 2008 project areas. Laid over to April 7 Yeas - 6 Nays - 0 14. Resolution - 04 -324 - Authorizing the proper city officials to execute a Joint Powers Agreement between the City of Saint Paul and Mn /DOT pertaining to the upgrade of the city's computerized traffic signal system. Adopted Yeas - 6 Nays - 0 15. Resolution - 04 -325 - Declaring the Trout Brook (aka "Trillium ") site as city parkland and authorizing acceptance of a grant from Ramsey County for the site. Adopted Yeas - 6 Nays - 0 16. Resolution - 04 -326 - Authorizing the City of Saint Paul to enter into a Joint Powers Agreements with the City of Maplewood, the City of Mounds View, the City of New Brighton and the City of Roseville to share the Saint Paul Police Department's Record Management System. Adopted Yeas - 6 Nays - 0 17. Resolution - 04 -327 - Recognizing the 150th Anniversary Commemorative Badge as the official badge of the Saint Paul Police Department for the year 2004. Adopted Yeas - 6 Nays - 0 18. Resolution - 04 -328 - Deleting the assessment for property clean up at 827 Van Buren Avenue. (File No. J0207A5YR) Referred back to the Legislative Hearing Officer and laid over to the April 28 City Council meeting Yeas - 6Nays - 0 19. Resolution - 04 -329 - Supporting State Bonding for the Ordway Center for the Performing Arts. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215 170254\Minutes 3 -... 12/15/2010 Page 4 of 10 Adopted Yeas - 6 Nays - 0 20. Resolution - 04 -330 - Supporting the State Bonding for the Minnesota Institute for Regenerative Medicine. Adopted Yeas - 6 Nays - 0 21. Resolution - 04 -331 - Supporting the efforts to obtain State and Federal assistance for the Red Rock and Rush Line Corridors. Adopted Yeas - 6 Nays - 0 22. Resolution - 04 -332 - Supporting acquisition of the Henry Park Bluff Site. Adopted Yeas - 6 Nays - 0 23. Resolution - 04 -333 - Supporting Ramsey County's bonding request for I -94 (McKnight to Century) Interchange improvements. Adopted Yeas - 6 Nays - 0 24. Resolution - 04 -334 - Supporting State Bonding for Meeker Island Lock Historic Site /Access and Ecological Protection. Adopted Yeas - 6 Nays - 0 25. Resolution - 04 -335 - Supporting State and Federal appropriations for the Central Corridor. Adopted Yeas - 6 Nays - 0 26. Resolution - 04 -336 - Supporting Policy Changes to WIC and reauthorization of the Minnesota Emergency Health Powers Act. Adopted Yeas - 6 Nays - 0 27. Resolution - 04 -337 - Supporting State Bonding for the Health Care Learning Center. Adopted Yeas - 6 Nays - 0 28. Resolution - 04 -338 - Supporting Federal assistance for a bus "park and ride" for Como Park. Adopted Yeas - 6 Nays - 0 29. Resolution - 04 -339 - Supporting a Federal request for First Responder Grants. Adopted Yeas - 6 Nays - 0 30. Resolution - 04 -340 - Supporting further development of the Bruce Vento Regional Trail and Bruce Vento Nature Sanctuary. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 5 of 10 Adopted Yeas - 6 Nays - 0 31. Resolution - 04 -341 - Supporting Federal assistance for equipment at the new Saint Paul Police and Ramsey County Headquarters. Adopted Yeas - 6 Nays - 0 32. Resolution - 04 -342 - Supporting State bonding and a Federal appropriation for the Phalen Corridor. Adopted Yeas - 6 Nays - 0 33. Resolution - 04 -343 - Supporting funding for Ames Lake Neighborhood Redevelopment. Adopted Yeas - 6 Nays - 0 34.Resolution - 04 -344 - Supporting State Bonding for a Bioscience Corridor. Adopted Yeas - 6 Nays - 0 35. Resolution - 04 -345 - Supporting Federal funding for Upper Landing Park "Mississippi Place." Adopted Yeas - 6 Nays - 0 36. Preliminary Order - 04 -346 - In the matter of the operation costs of the above standard street lighting system (single globes) for the year 2004 for the south side of West 5th Street from West 7th Street to approximately 400 feet east of West 7th to become part of the new Wabasha/St. Peter Area, and setting date of public hearing for April 28, 2004. (File No. 19002) Adopted Yeas - 6 Nays - 0 AGENDA OF THE SAINT PAUL PUBLIC LIBRARY BOARD OF THE CITY OF SAINT PAUL, MINNESOTA ROLL CALL 37. Resolution - 04 - L.B. 04 -002 - Accepting proposal on sale of $12,280,000 General Obligation Library Bonds, Series 2004, and providing for their issuance. Adopted as amended Yeas - 6 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 6 of 10 38. Resolution - 04 -347 - Relating to $12,280,000 General Obligation Library Bonds, Series 2004, to be issued by the Saint Paul Public Library Agency. Adopted as amended Yeas - 6 Nays - 0 39. Resolution - 04 -348 - Supplementing general resolution relating to Sewer Revenue Bonds and providing for the issuance of $6,300,000 Sewer Revenue Bonds, Series 2004C. Adopted as amended Yeas - 6 Nays - 0 40. Resolution - 04 -283 - Resolving that the City of Saint Paul will not relocate any city offices which currently reside in the downtown business district to any office space outside the downtown district. (Laid over from March 10) Laid over to April 7 Yeas - 6 Nays - 0 41. Discussion of RiverCentre /CVB merger. The City Council recommended the following changes to Senate File 2647 (Wiger) and related House File (Hausman): —Subd. 2 (b) (a) . "The mayor of the City shall designate two three members of the City Council ....... AdoptedYeas - 6Nays - 0 —Subd. 3 "The governing body of the non - profit organization shall select, subject to the approval of the mayor and the City Council of the city....." Adopted Yeas - 6 Nays - 0 Council Research staff will transmit the language to the authors of the house and senate files as soon as possible. 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 THECOUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 42. Final Adoption - 03 -1028 - An ordinance amending Chapters 60 through 69 of the Saint Paul Legislative Code pertaining to zoning code reformatting and streamlining, adding Traditional Neighborhood zoning districts, and related amendments. (Substitute introduced and laid over from February 18; laid over from March 17) Amended and laid over to April 7 Yeas - 6 Nays - 0 43. Second Reading - 04 -316 - Establishing procedures for city employees relative to the immigration status of persons seeking city employment or services. Laid over to April 7 for third reading /public hearing 44. First Reading - 04 -349 - Amending Chapter 33 of the Saint Paul Legislative Code entitled "Building file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 7 of 10 Code and Inspection" pertaining to the fees charged for the inspection and renewal of Certificates of Occupancy by the Fire Marshal. Laid over to April 7 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 45. Third Reading - 04 -267 - An ordinance regulating storm water runoff from construction activities. Laid over to April 7 for final adoption Yeas - 5 Nays - 0 (Montgomery not present) 46. Third Reading - 04 -268 - An ordinance placing the position titled Director of City Council Operations in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to April 7 for final adoption Yeas - 5 Nays - 0 (Montgomery not present) 47. Third Reading - 04 -289- An ordinance amending Chapter 33 of the Saint Paul Legislative Code concerning Building Code and Inspection to prohibit the installation or use of barbed wire fencing abutting residentially zoned property or property that is used for residential purposes Laid over to April 7 for final adoption Yeas - 6 Nays - 0 48. Resolution - 04 -350 - Approving the petition of Velmeir Companies to vacate part of the alley in Block 4, Brightwood Park in order to develop the area for retail purposes. Laid over to April 7 Yeas - 6 Nays - 0 49. Resolution - 04 -351 - Approving the petition of Velmeir Companies to vacate the alley abutting Oak Ville Park (southwest of Maryland Avenue and Arcade Street) Adopted Yeas - 6 Nays - 0 50. Resolution - 04 -352 - Approving the petition of the City of Saint Paul to vacate City interest in 806 and 810 Maryland Avenue East for development purposes. Adopted Yeas - 6 Nays - 0 51. Resolution - 04 -353 - Approving the tax increment financing plan for Westminster Junction Business Center Redevelopment Tax Increment District. Adopted as amended Yeas - 6 Nays - 0 52. Final Order - 04 -354 - In the matter of acquiring the necessary right -of -way and temporary construction easements for construction of a traffic signal at the intersection of McKnight Road and Lower Afton Road. (File No. AE2004 -01) Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 8 of 10 53. Resolution Ratifying Assessment - 04 -355 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) during September 2003 for property at 1254 Reaney Avenue and 701 Jessamine Avenue East (J0308A1); and boarding -up vacant building at 701 Jessamine Avenue East during September 2003 (J0306B1) (Laid over from February 25) (Legislative Hearing Officer recommends approval of the assessments) Adopted as amended Yeas - 6 Nays - 0 54. Resolution Ratifying Assessment - 04 -356 - In the matter of the assessment of benefits, cost and expenses for weekly garbage hauling service for the fourth quarter of 2003 (J03TRASH4Q); summary abatements (property clean -ups) for November and December 2003 (J0309A); boarding -up of vacant buildings during December 2003 (J0307B); and boarding -up of vacant buildings during November 2003 (J0308B) (Legislative Hearing Officer recommends the following: 847 Jenks Avenue (J0308B) - approval of the assessment 1021 Jenks Avenue (J0307B) - spreading the payments of the assessment over a five -year period 1650 Old Hudson Road (J0308B) - approval of the assessment 889 Westminster Street (J0308B) - approval of the assessment 1147 Seventh Street East (J0307B) - deleting the assessment and reissuing it to 1114 Seventh Street East 559 Asbury Street (J0309A) - approval of the assessment 424 Banfil Street (J0309A) - reducing the assessment from $337 to $167 plus the $70 administrative fees for a total assessment of 237 1212 Beech Street (J03TRASH4Q) - approval of the assessment 769 Burr Street (J0309A) - approval of the assessment 1046 Burr Street (J0309A) - approval of the assessment 914 Charles Avenue (J0309A) - approval of the assessment 1307 Dale Street North (J0309A) - approval of the assessment; Council recommended going to the Real Estate Division to file for a disability deferment 915 Edmund Avenue (J0309A) - approval of the assessment 930 Euclid Avenue (J0309A) - reducing the assessment from $411 to $191 plus the $70 administrative fees for a total assessment of $261 and spreading the payments over a five -year period due to financial hardship 951 Euclid Street (J0309A) - approval of the assessment fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 9 of 10 159 Granite Street (J0309A) - reducing the assessment from $323 to $153 plus the $70 administrative fees for a total assessment of $223 and she would like the payments to be divided over a five year period 1598 Hazel Street North (J0309A) - approval of the assessment 166 Ivy Avenue West (J0309A) - deleting the assessment 690 Jenks Avenue (J0309A) - approval of the assessment 1084 Pacific Street (J0309A) - reducing the assessment from $267 to $200 plus the $70 administrative fees for a total assessment of $270. 268 Robie Street West (J0309A) - deleting the assessment 1095 St. Paul Avenue (J0309A) - approval of the assessment 694 Sims Avenue (J0309A) - deleting the assessment 1082 Sims Avenue (J0309A) - approval of the assessment 1335 Summit Avenue (J0309A) - Referred back to the Legislative Hearing Officer and Laid over to the April 28 City Council meeting 507 Van Buren Avenue (J0309A) - approval of the assessment 995 Wilson Avenue (J0309A) - approval of the assessment 1817 Dayton Avenue (J0309A) - reducing the assessment from $281 from $140.50 plus $70 for a total assessment of $210.50 1147 Geranium Avenue East (J0309A) - reducing the assessment from $521.80 to $225.90 plus the $70 administrative fees for a total assessment of $295.90 1304 Galtier Street (J03TRASH4Q) - laying over to the April 13 Legislative Hearing and the April 28 City Council Hearing 1139 Beech Street (J03TRASH4Q) - laying over to the March 23 Legislative Hearing and the April 7 City Council Hearing 712 Hawthorne Avenue East (J03TRASH4Q) - deleting the assessment) The following recommendations were also made: 1819 Sheridan Avenue (J0309A) - referred back to the Legislative Hearing Officer hearing on May 11 and laid over to the May 26 City Council meeting 914 Concordia Avenue (J0309A) - referred back to the Legislative Hearing Officer and laid over to the April 28 City Council meeting 686 Sims Avenue (J0309A) - approval of assessment and spreading the payment over a three -year period fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010 Page 10 of 10 Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6Nays - 0 55. Appeal of Yia Xiong to a summary abatement order for property at 681 Farrington Street. (Legislative Hearing Officer recommends granting the appeal and referring the matter to the Public Works Department.) Appeal granted and referred to the Public Works Department Yeas - 6 Nays - 0 56. Appeal of Herbert Zimmermann to a summary abatement order for property at 1664 East Minnehaha Avenue. Appeal withdrawn Yeas - 6 Nays - 0 57. Public hearing to consider the application of Thomas Amrhien to rezone property at 319 Maryland Avenue West from R -4 (single - family residential) to OS -1 (office service). Motion of Intent - Application granted Yeas - 6 Nays - 0 Suspension Items Resolution - 04 -357 - Creating the Mississippi River Critical Area Task Force. Laid over to April 7 Yeas - 6 Nays - 0 Resolution - 04 -358 - Deleting the temporary exclusion of the River Corridor Overlay Districts from the normal TN Traditional Neighborhood District height provisions. Laid over to April 7 Yeas - 6 Nays - 0 Resolution - 04 -359 - Opposing the Minnesota Constitution amendment prohibiting marriage other than one man and one woman or the equivalent thereof. Laid over to April 7 Yeas - 6 Nays - 0 Resolution - 04 -360 - Promoting participation among the American Indian Community in the Police Chief search process. Adopted Yeas - 6 Nays - 0 Resolution - 04 -361 - Proclaiming Thursday, March 25, 2004 as "Bill Buth Day" in the City of Saint Paul and bestowing upon Bill the official title of "Honorary Goodwill Ambassador." Adopted Yeas - 6 Nays - 0 Reminder: There will not be a City Council meeting on March 31 since it is the fifth Wednesday of the month. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170254\Minutes 3 -... 12/15/2010