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Agenda 6-25-2003Page 1 of 9 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, June 25, 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 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 • Public Hearings • Housing and Redevelopment Authority CONSENT AGENDA (Items I - 30) 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 Barbara Hafiz, Matthew and Lauralin Kania, Quincy Lewis (Doris Steward), Sean Parnell, Lawrence A. Paulson, and Ross Roberg. 2. Summons and Complaint in the matter of Nataly Sherlin, individually and as trustee for the next of kin of Irene Sherlin, Deceased, vs. the City of Saint Paul, et. al. 3. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on July 23, 2003, to consider the appeal of Mark Moser to a decision of the Board of Zoning Appeals granting two variances in order to construct a new single family home on the southeast corner of Gotzian and East Third Street. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 2 of 9 4. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 837 Fourth Street East and 1819 Sheridan Avenue as nuisance properties and setting date of Legislative Hearings for July 8, 2003, and City Council Hearings for July 23, 2003. 5. Letters from the Office of the City Attorney recommending revocation of provisional taxicab driver's licenses based upon failure to enroll in and /or successfully complete a taxicab driver training course for Mohamed Aar, Afrah Abdulahi, Mohamed Ahmed, Mohamed Arab, Kevin Chevre, Terrance Chromey, Michael Curtis, Shawn Gardner, Dhaqane Harun, Khalif Hussein, Yusuf Hussein, Abdi Ibrahim, Rashid Ibrahim, Abebe Lemlem, Spencer Lindgren, Walter McCreary Jr., Ahmed Mohamed, Dalmar Mohamoud, Lawrence Selb, Bernard Travis, James Young, and Yehia Youssef. 6. Administrative Orders: D002304 Authorizing the proper City officials to execute a lease agreement with the District 11 Community Council for the purpose of providing garden plots for the residents of District 11 through the 2003 growing season. D002305 Appointing John Maczko to act and serve as City Engineer and granting authority to perform any duties that may be required by law of a City Engineer. D002306 Establishing a city -wide policy prohibiting the possession, transport, carry or use of dangerous weapons and firearms, except where such possession, transport, carry or use is specifically required as a part of employee job duties. D002307 Establishing a city -wide policy prohibiting City Employees from engaging in any and all forms of gambling, whether legal or illegal, on City property, on City time or with City equipment except where such action is specifically required as a part of employee job duties. FOR ACTION 7. Approval of minutes of May 21, 2003. 8. Resolution - 03 -582 - Approving the Memorandum of Agreement between the City of Saint Paul, United Association Plumbers Local Union No. 34 and Sprinkler- Fitters Local 4417, for the 2003 Wage and Fringe Adjustments. (Laid over from June 18 for adoption) 9. Resolution - 03 -599 - Approving the appointments, by Mayor Kelly, of Tom Osthoff and Kou Vang to the RiverCentre Authority. 10. Resolution - 03 -600 - Approving the appointment, by Mayor Kelly, of Robert Veilleux to the Ramsey County Workforce Investment Board. 11. Resolution - 03 -601 - Approving the election of Mary Erickson as Assistant Secretary to the City Council, effective June 30, 2003. 12. Resolution - 03 -602 - Concerning adverse action against the Restaurant (B) license application of Michael C. Robinson, dba Robinson's Barbeque & Catering, 1001 Payne Avenue. 13. Resolution - 03 -603 - Finalizing City Council action taken June 4, 2003, approving a combined plat file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 3 of 9 to create four parcels for the Emerald Gardens Housing Development (a mixed housing development with apartments and townhomes) in the area bounded by Ellis Avenue, Emerald Street, Berry Street and Franklin Avenue. 14. Resolution - 03 -604 - Finalizing City Council action taken April 2, 2003, granting the application of Northern States Power Company, dba Xcel Energy, for a combined plat to create an outlet for a new rail spur at 435 James Avenue. 15. Resolution - 03 -605 - Memorializing City Council action taken March 26, 2003, denying the appeal of Don Martin regarding a variance of the allowable height for an accessory structure at 957 Beech Street. 16. Resolution - 03 -606 - Memorializing City Council action taken May 28, 2003, modifying the variance granted to Martin Wolf and Mary Ryan upon 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. 17. Resolution - 03 -607 - Memorializing City Council action taken January 22, 2003, upholding a decision of the Planning Commission denying the appeal of Lincoln Outdoor Advertising to an order to remove an advertising sign at 710 Dale Street North (between Van Buren and Minnehaha Avenues). 18. Resolution - 03 -608 - Memorializing City Council action taken February 5, 2003, granting the appeal of the Merriam Park Community Council of a building permit issued by the Office of License, Inspections and Environmental Protection for "V" shaped billboard at 1926 University Avenue. 19. Resolution - 03 -609 - Finalizing City Council action taken May 28, 2003, granting the application of Rice Street Properties for a lot split with a variance to create two industrial parcels and to facilitate a transfer of ownership and tie the parcels to the adjacent owners at 801 Rice Street. 20. Resolution - 03 -610 - Approving the acceptance of the donation of materials and labor from the Upper Swede Hollow Neighborhoods Association to be used in the completion of the renovation of Hamm Park as well as the ongoing maintenance of the planting beds. 21. Resolution - 03 -611 - Approving the decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices and Correction Orders for 670 Brookline Street. 22 Resolution - 03 -612 - Approving the application with conditions for Wine On Sale, Malt On Sale (Strong), and Entertainment Licenses by Karen M. Thao, dba Data Thai Restaurant, 769 Milton Street North (Legislative Hearing Officer recommends approval with conditions) 23. Resolution - 03 -613- Authorizing the proper City officials to pay Wilma Mitchell $165,500, plus closing costs, for property located at 1075 Marshall Avenue for improvements to be made to the Jimmy Lee Rec Center facility. 24. Resolution - 03 -614 - Amending prior and current year budgets to adopt an appropriation for the acquisition and improvement of the Meritex lot and Car -Lo Building. 25. Resolution - 03 -615 - Indemnifying and holding Macalester College harmless for the City's use of their tennis courts from June 13 through July 25, 2003. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 4 of 9 26. Resolution - 03 -616 - Transferring $140,000.00 from City Council Contingency in Promote St. Paul to make a contribution to Capital City Partnership - Marketing Committee. 27. Resolution - 03 -617 - Authorizing the Department of Fire and Safety Services to accept a grant of $34,866.00 for the enhancement of the City's Emergency Operation Plan from the State of Minnesota. 28. Resolution - 03 -618 - Authorizing the Department of Fire and Safety Services to accept a grant of $700,002 from FEMA's Assistance to Firefighters Grant Program and establishing a Financing and Spending Plan for the 2003 Budget. 29. Resolution - 03 -619 - Authorizing the Police Department to enter into an agreement, including an indemnification clause, with the State of Minnesota acting on behalf of Century College to provide 300 hours of POST training from September 1, 2003 through June 30, 2004. 30. Resolution - 03 -620 - Authorizing the St. Paul Police Department to enter into a Memorandum of Understanding with Ramsey County for the Ramsey County Adult Substance Abuse Court Program. FOR DISCUSSION 31. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as Norpac Road to the highest responsible bidder. (Laid over from May 28) 32. Report from the Office of License, Inspections and Environmental Protection (Animal Control) on the progress on the wording change to the Administrative Rules regarding the destruction of dogs. (Report requested by Council on May 28) 33. Resolution - 03 -591 - Authorizing applications for Opportunity Grants through the Livable Communities Demonstration Program. (Laid over from June 18) 34. Resolution - 03 -621 - Approving funding for Cycle 9 (2003) of the Cultural Star Program for the Dale Warland Singers. (Laid over from June 18) 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. 35. Final Adoption - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F, District Heating Franchise - District Heating Development Company, and Appendix K, District Energy Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey. (Substitute introduced on May 21) (Laid over from June 18) 36. Second Reading - 03 -595 - 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 file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 5 of 9 duties. 37. First 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) PUBLIC HEARINGS 38. Resolution - 03 -623 - Approving the application for a sound level variance, with conditions, by Ron Maddox, Taste of Minnesota, to allow amplified music at the four main stages at Harriet Island and at the intersection of Wabasha and Water Streets from July 2 -6, 2003 from 12:00 p.m. to 11:00 p.m. 39. Resolution - 03 -624 - Approving the application for a sound level variance, with conditions, by Stacy Einck, Manager, Andersen Corporation, to allow amplified music at Harriet Island for the "Andersen Centennial" event on July 19, 2003, from 7:00 p.m. to 10:30 p.m. 40. Third Reading - 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. • Report from Chief Finney or his designee, Saint Paul Police Department, on the impact, if any, the 2:00 a.m. bar closing will have on the City's law enforcement. (Report requested by the Council on June 4) • Report from the City Attorney on whether or not the City, in addition to the State, can also include an additional fee on liquor licenses for the extended hour. Also, is it necessary for the City to develop a different liquor license fee scale. (Report requested by the Council on June 4) • Report from the City Attorney as to the City's ability to impose stricter license conditions on certain establishments, such as certain neighborhood bars that would remain open until 2:00 a.m. (Report requested by the Council on June 4) 41. Third Reading - 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. 42. Resolution - 03 -625 - Concerning adverse action against the Cigarette /Tobacco license held by Fuhr Enterprises, Inc. dba Sunray Amoco, 344 Ruth Street. 43. Resolution - 03 -626 - Concerning adverse action against the Cigarette /Tobacco license held by Eastern Heights Amoco, Inc., 1785 Suburban Avenue. 44. Resolution - 03 -627 - Authorizing the proper City officials to grant a temporary construction and permanent utility easement to the City of Maplewood to install and operate a storm sewer on City parkland north of Lake Phalen. 45. Final Order - 03 -628 - In the matter of sidewalk reconstruction and /or new construction at West Side Aldine Street from Marshall Avenue to Iglehart Avenue (503001) and West Side Harvard Street from East Baker Street to Prescott Street (5030020). file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 6 of 9 46. Resolution - 03 -629 - Ordering the owner to remove or repair the building at 928 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the July 15, 2003, Special Legislative Hearing and the July 23, 2003, City Council Meeting.) 47. Appeal of Trudy May Gloe to a Summary Abatement Order at 928 Maryland Avenue East. (Laid over from May 28) (Legislative Hearing Officer recommends denying the appeal) 48. Appeal of Julia Althoff, on behalf of Illean Weber, to a Notice of Condemnation Order to vacate property at 756 Juno Avenue. (Legislative Hearing Officer recommends denying the appeal of the June 5, 2003, Revised Notice of Condemnation and Order to Vacate) 49. Resolution Ratifying Assessment - 03 -630 - In the matter of the assessment of benefits, cost and expenses for towing of abandoned vehicles from private property at 1688 York Avenue during the month of October, 2002 (J0301VVV); summary abatement (property cleanup) during the month of February, 2003 for property at 928 Maryland Avenue E. (J0302AAA); boarding -up of vacant building at 928 Maryland Avenue E. during the month of February, 2003 (J03021313); and towing of abandoned vehicles from private property at 1607 Carroll Avenue during the month of October, 2002 (J0301 V2). (Laid over from May 28) (Legislative Hearing Officer recommends: 1688 York Avenue (J0301VVV) - Spreading the assessment over a five year period; 928 Maryland Avenue East (J0302AAA and J0302BB) - approving the assessments; 1607 Carroll Avenue (J0301V2) - recommendation is forthcoming.) 50. Resolution Ratifying Assessment - 03 -631 - In the matter of the assessment of benefits, costs and expenses for summary abatements (property clean -up) for part of February 2003 to part of April 2003, summary abatements (snow /ice removal and /or sanding of walks) for part of February 2003 to part of March 2003, demolitions of buildings for part of March 2003, and boarding -up of vacant buildings for March 2003. (Files J0303A, J0302SNOW, and J030313) (Legislative Hearing Officer recommends: 690 Central Avenue West (J0303A) - approval of the assessment; 574 State Street (J0303A) - spreading the assessment over a five -year period; 1820 Stillwater Avenue (J0302SNOW) - reducing the assessment from $195 to $75 plus the $45 administrative fees for a total assessment of $120; 595 Edmund Avenue (J0303A) - laying over to the July 8, 2003, Legislative Hearing; 1237 Matilda Street (J0303A) - laying over to the June 23, 2003, Legislative Hearing; 1374 Ames Avenue (J0303A) - approval of the assessment; 958 Bradley Street (J0302SNOW) - approval of the assessment; 817 Dayton Avenue (J0303A) - approval of the assessment; 994 Earl Street (J0303A) - approval of the assessment; 1093 Hudson Road (J0303A) - approval of the assessment; 983 James Avenue (J0303A) - approval of the assessment; 604 Jessamine Avenue East (J0303A) - approval of the assessment; 1848 Seventh Street West (J0302SNOW) - approval of the assessment; 659 Western Avenue North (J0302SNOW) - approval of the assessment; 124 Winter Street (J0302SNOW) - approval of the assessment.) 51. Resolution Ratifying Assessment - 03 -632 - In the matter of approving the assessment of benefits, costs and expenses for the construction of a water service connection in conjunction with the file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 7 of 9 Knapp /Hillside Area RSVP Project. (File No. 18930WC) 52. Resolution Ratifying Assessment - 03 -633 - In the matter of approving the assessment of benefits, costs and expenses for the construction of sanitary sewer connections and a storm sewer connection in conjunction with the Knapp/Hillside Area RSVP Project. (File No. 18930SC) 53 Public hearing to 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). 54. Public hearing to consider the application of David Goldsmith to rezone property from OS -1 (Office Service) to RT -1 (Two Family Residential) to allow for conversion of a building from commercial - office to residential at 124 East Page Street. MISCELLANEOUS 55. Recognizing Nancy Anderson, on her retirement following 38 years of service to the City of Saint Paul and as the current Assistant Secretary to the City Council. HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA Wednesday, June 25, 2003 2:00 - 3:00 p.m. City Council Chambers, Third Floor Saint Paul City Hall Angela Simons, Clerical Support (651) 266 -6605 Housing 5000- Housing Projects Scorecard attached with projects on agenda shaded. ROLL CALL CONSENT AGENDA file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 8 of 9 1. Designation of a Tentative Developer for the HRA -owned "Sweet Lot" at Ninth and Sibley Streets in the North Quadrant District 17. DISCUSSION 2. Approval of Land Assembly Plan, Budget and Authorization to Structure Financing for the Land Assembly Plan, Citywide. 3. Resolution Approving and Authorizing the Acquisition of Real Estate Necessary for the Redevelopment of the Vacant Koch -Mobil Tank Farm by Eminent Domain or Negotiated Purchase, District 9. 4. Authorization to Consider Acquisition and Funding for the Southern Portion of the Stroh's Brewery Site (South of Minnehaha Avenue) in Dayton's Bluff District 4. 5. Resolution Granting Tentative Developer Status to TimberCraft Enterprises to redevelop 1560 and 1590 White Bear Avenue, District 2 - Report will be distributed at the meeting. 6. Authorization to Create a Strategic Investment Fund Program, Citywide. 7. A Policy Discussion regarding requiring Household Assets Limitations for Housing 5000, Citywide. PUBLIC HEARINGS 8. Authorization to Execute the Sale of Parcel 736 Winslow Avenue under the City Wide Redevelopment Plan, West Side District 3 - Staff will request this item be withdrawn. 9. Authorization to Execute the Sale of Parcel 915 Sherburne Avenue under the Replacement Single Family New Construction Program, District 7. 10. Authorization to Grant Permanent and Temporary Easement to the City of Saint Paul for Construction of New Phalen Boulevard between Payne Avenue and Arcade Street, Payne- Phalen District 5. ADJOURNMENT 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.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 file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010 Page 9 of 9 a.m. and 7:30 p.m., Sundays at 5:30 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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_145933\Agenda 6 -2... 12/15/2010