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Agenda 4-7-2004Page 1 of 8 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, April 7, 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 Mary Erickson - 651- 266 -8565 Vicki Sheffer - 651- 266 -8673 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Public Hearings • Ad -hoc Legislative Agenda Committee CONSENT AGENDA (Items I - 44) 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. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Annie Aaron, Lindsey Ballantine, Gary Binns, Eddie Black, Eric Caraway, Jacquline Caraway, Todd Feroni, Philip & Sharon Fuehrer, Jeanne Gehrman, Lynn Grote, Peter Herr, Robert Hofineister, Cheng Lor, Theresa McDonald, Lawrence Montgomery, and Beth Tressler. 2. Summons and Complaint in the matter of Raymond Walker, o /b /o his minor son Ramie Walker vs. the City of Saint Paul, et al. file: //C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 2 of 8 3. Summons and Complaint for Declaratory Judgment in the matter of Summit Avenue Residential Preservation Association vs. the City of Saint Paul. 4. Summons in the Matter of the Application of Irene and James Goldberg to register title to the following described real estate in Ramsey County: the northeasterly half of Lot 93, Hewitt's Outlots, First Division, and the northwesterly 5 feet of the northeasterly 132 feet, measured at right angles of Lot 94, Hewitt's Outlots, First Division. 5. Notice of Claim in the matter of Kelly Brisson vs. the City of Saint Paul, et. al. 6. Notice of Filing of Order and Order of Dismissal Without Prejudice in the matter of the condemnation of certain real property located in the City of Saint Paul, County of Ramsey, State of Minnesota for the Phalen Corridor Project. 7. Letters from the Department of Neighborhood Housing & Property Improvement declaring 1956 Feronia Avenue and 635 Western Avenue North as nuisance properties and setting date of Legislative Hearing for April 13, 2004, and City Council Hearing for April 28, 2004. 8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on April 29, 2004, at 9:30 a.m., Room 42 City Hall -Court House, to consider the Liquor/Restaurant License held by Soldi, Inc., dba LaGrolla, 452 Selby Avenue. 8a. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing before the City Council on April 28, 2004, to consider District Cooling's request for a cooling rate increase pursuant to Chapter 16 of the Saint Paul City Charter. 8b. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing before the City Council on May 5, 2004, to consider District Energy's request for a heating rate increase pursuant to Chapter 16 of the Saint Paul City Charter. 8c. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing before the City Council on May 5, 2004, to consider the Energy Park Energy System - Port Authority request for a rate increase pursuant to Chapter 16 of the Saint Paul City Charter. 9. Administrative Orders: D002381 Authorizing the Department of Public Works to renew Lease Agreement PW /47 providing garden plots at Hamline Avenue and Pierce Butler Route for neighborhood residents for another year. D002382 Approving the transfer of budgeted line items in the Police Department's 2003 spending budget for special revenue fund 400. D002383 Approving the transfer of budgeted line items in the Police Department's 2003 spending budget for special revenue fund 436. D002384 Approving payment, not to exceed $3,500.00, for two Internet Crimes Against Children task force participants (non -city employees) to attend Encase training in Buffalo, MN on May 25 -28, 2004. D002385 Transferring budget money to provide sufficient funding at the budgetary control levels of the Police Department's 2003 General Fund Budget. file: //C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 3 of 8 D002386 Authorizing the Department of Libraries to hold a recognition program for adults and youth at the Saint Paul Radisson on May 11, 2004, using monies received from The Friends of the Saint Paul Public Library to pay for the event. FOR ACTION 10. Approval of minutes of March 3, 10, and 17, 2004. 11. Resolution - 04 -362 - Reallocating $100,000 from completed or canceled Neighborhood STAR projects' excess balances to the Indoor Farmers' Market Project and increasing the Indoor Farmers' Market capital project budget for $900,000 in private donations. 12. Resolution - 04 -363 - Authorizing the Department of Fire and Safety Services to accept a donation of $500.00 from Applebee's. 13. Resolution - 04 -364 - Amending the 2004 budget for the Office of Cable Communications to add $522,000 to its revenue and spending plan per Council File 03 -1071, a Settlement Agreement with Comcast. 14. Resolution - 04 -365 - Prohibiting the issuance or approval of zoning and building permits, plat approvals or lot splits on any parcel of land or part thereof within the areas of the West 7th - Randolph - A.D.M. Study area until the expiration of twelve months as provided in Minn. Stat §462.355, Subd. (4), or until such earlier time as the Council of the City of Saint Paul has taken action on the recommendations contained in the study. 15. Resolution - 04 -366 - Supporting federal assistance for building renovation for the Conservatory of Performing Arts School. 16. Resolution - 04 -367 - Supporting the renovation of the Union Depot. 17. Resolution - 04 -368 - Supporting State Legislation to provide state bonding of $300,000 to design the Como Park Zoo renovation. 18. Resolution - 04 -369 - Approving the license application with conditions, per the Legislative Hearing Officer, for Restaurant (B) -more than 12 seats, Liquor On Sale - Sunday, Liquor On Sale -2:00 a.m. Closing, Liquor On Sale -over 200 Seats (A), Entertainment (A), and Cigarette /Tobacco Licenses by Dine A Mite Group LLC, d/b /a Bonfire Woodfire Cooking, 850 Grand Avenue. 19. Resolution - 04 -370 - Approving the application with conditions, per the Legislative Hearing Officer, for GKTC Corporation, dba the Lucky Foxx Bar and Grill, 731 Randolph Avenue. 20. Resolution - 04 -371 - Approving the decision of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correction Orders for 1167 Rice Street. 21. Resolution - 04 -372 - Approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 1817 Ashland Avenue, 1664 Minnehaha Avenue East, 1051 Stinson Street, 1091 Payne Avenue, 395 James Avenue, and 461 Seventh Street West. 22. Resolution - 04 -373 - Deleting the assessment for 944 Euclid Street which was adopted in City file: //C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 4 of 8 Council File 04 -240 on February 25, 2004. 23. Resolution - 04 -374 - Memorializing City Council action taken July 23, 2003, denying the application of Thomas DeLisle to rezone property from OS -1 (Local Office Service District) to B -1 (Local Business District) to permit a grocery /deli and residential units at 1236 East 7th Street, southwest corner of Atlantic Street. 24. Resolution - 04 -375 - Accepting funds from the Metropolitan Council for the Mai Village Project for 394 University Avenue. 25. Resolution - 04 -376 - Approving the FY2004 Consolidated Plan (CDBG, ESG, HOME) Submission. 26. Resolution - 04 -377 - Holding Ramsey County harmless for the Division of Parks and Recreation's use of the Highland Arena for the Star of the North State Games' figure skating event. 27. Resolution - 04 -378 - Approving organizations to the 10% Club List of eligible recipients for 2004. 28. Resolution - 04 -379 - Authorizing a spending and financing plan for the settlement received for the Skygate /Ecolab sculpture. 29. Resolution - 04 -380 - Accepting a contribution in the amount of $10,000 from the Saint Paul Foundation's Charles M. Schultz Contingency Fund to be used towards construction of a Starter's Shed at the reconstructed Highland National Golf Course. 30. Resolution - 04 -381 - Establishing a spending and financing plan for cost reimbursement received from the NHL for the adult -size bobble head dolls. 31. Resolution - 04 -382 - Authorizing the Mayor and Director of Public Works to enter into an agreement with the Minnesota Department of Transportation for federal aid participation for construction on Phase 2 of the Phalen Boulevard Project. 32. Resolution - 04 -383 - Authorizing the Mayor and Director of Public Works to enter into an amended agreement with the Minnesota Department of Transportation for federal aid participation for right -of -way acquisition on Phase 2 and 3 of the Phalen Boulevard Project. 33. Resolution - 04 -384 - Authorizing the proper City officials to execute a 5 -year extension of Lease Agreement PW /13 to provide community garden plots in the Snelling /Hamline neighborhood. 34. Resolution - 04 -385 - Dedicating to the Public Housing Agency an access easement on, over and across that part accruing to the City of vacated Winifred Street adjacent to the Wellstone Center and accepting the dedication from the Public Housing Agency of an access easement on over and across that part of said vacated Winifred Street. 35. Resolution - 04 -386 - Authorizing the proper City officials to accept from Wilkinson Construction Company and to file with Ramsey County a sidewalk easement and a right -of -way easement at Sheffer Avenue and the Canadian Pacific Railway right -of -way. 36. Resolution - 04 -387 - Accepting a quit claim deed to the east 15 feet of Lot 4, Block 15, Bell's Addition to West St. Paul from the HRA, and to file the deed with Ramsey County. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_l45228\Agenda 4 -7... 12/15/2010 Page 5 of 8 37. Resolution - 04 -388 - Authorizing the Police Department to enter into an agreement with Independent School District 4625 to participate in the School Police Patrol Program. 38. Resolution - 04 -389 - Authorizing the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with the Public Housing Agency of the City of Saint Paul in order to continue the ACOP Program. 39. Resolution - 04 -390 - Accepting a 2003 Homeland Security Part 2 Critical Infrastructure Protection Grant from the Minnesota Department of Public Safety and authorizing the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with the Minnesota Department of Public Safety. 40. Resolution - 04 -391 - Establishing a 2004 financing and spending plan for the 2003 State Homeland Security Part 2 Critical Infrastructure Protection Grant awarded to the Police Department. 41. Resolution - 04 -392 - Accepting a 2003 State Homeland Security Part 2 Equipment Grant from the State of Minnesota and authorizing the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with the Minnesota Department of Public Safety. 42. Resolution - 04 -393 - Establishing a 2004 financing and spending plan for the 2003 State Homeland Security Part 2 Equipment Grant awarded to the Police Department. 43. Resolution Approving Assessment - 04 -394 - In the matter of the assessment of benefits, cost and expenses for installation of a Fire Protection System at 180 East Fifth Street (First Trust Center) for Floors 3, 7, 9 and 13, and setting date of public hearing for May 5, 2004. 44. Resolution Approving Assessment - 04 -395 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during the months of January and February 2004 (J040IA); towing abandoned vehicles from private property from August through November 2003 (J040IV); boarding -up vacant buildings in January and February 2004 (J040IB); and setting date of Legislative Hearings for May 11, 2004 and City Council Hearings for May 26, 2004. FOR DISCUSSION 45. Resolution - 04 -303 - Amending the spending and financing plans of the Restoration of the Rivoli Dump Site, the Road Salt Storage and Heavy Snow Dump projects in the Department of Public Works. (Laid over from March 17) 46. 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 24) 47. Resolution - 04 -323 - Approving the 2004 Residential Street Vitality Project Areas and tentative approval of 2005 - 2008 project areas (Laid over from March 24). 48. Resolution - 04 -357 - Creating the Mississippi River Critical Area Task Force. (Laid over from March 24) 49. Resolution - 04 -358 - Deleting the temporary exclusion of the River Corridor Overlay Districts from the normal TN Traditional Neighborhood District height provisions. (Laid over from March 24) fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 6 of 8 50. Resolution - 04 -359 - Opposing the Minnesota Constitution amendment prohibiting marriage other than one man and one woman or the equivalent thereof. (Laid over from March 24). 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. 51. 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. (Amended and laid over from March 24) 52. Final Adoption - 04 -267 - An ordinance regulating storm water runoff from construction activities. 53. Final Adoption - 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. 54. Final Adoption - 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 55. Second Reading - 04 -349 - Amending Chapter 33 of the Saint Paul Legislative Code entitled "Building Code and Inspection" pertaining to the fees charged for the inspection and renewal of Certificates of Occupancy by the Fire Marshal. 56. First Reading - 04 -396 - An ordinance preserving the status quo with respect to the use of property in the West 7th - Randolph - A.D.M. area. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 57. Third Reading - 04 -316 - Establishing procedures for city employees relative to the immigration status of persons seeking city employment or services. 58. 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 from March 24) 59. Resolution - 04 -397- Approving the application of Tara Stormen, Assistant Director of Campus Programs at Macalester College, 1600 Grand Avenue, to allow amplified music for Spring Festival on April 24, 2004 from noon to 10:00 p.m. subject to conditions. 60. Public hearing 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. (A resolution will be introduced under suspension) fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 7 of 8 61. Resolution - 04 -398- Concerning adverse action against all licenses held by Megali, Inc., d/b /a Gabe's by the Park, 991 Lexington Parkway North. 62. Resolution - 04 -399 - Ordering the owner to remove or repair the building(s) at 785 Butternut Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the April 13 Legislative Hearing and the April 28 City Council meeting) 63. Resolution Ratifying Assessment - 04 -400 - In the mater of the assessment of benefits, cost and expenses for providing weekly garbage hauling service for the fourth quarter of 2003 for property at 1139 Beech Street (J03TRASH4Q) (Laid over from March 24) (Legislative Hearing Officer recommends spreading payment of the assessment over a three -year period) 64. Public hearing 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. AD HOC LEGISLATIVE AGENDA COMMITTEE OF THE CITY OF SAINT PAUL, MINNESOTA Wednesday, April 7, 2004 2:00 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Donna Sanders - 651- 266 -8653 AGENDA ROLL CALL NEW BUSINESS 1. Update from Nancy Haas, Intergovernmental Relations Director (materials to be distributed) City's Legislative Agenda Items Bill Tracking of Items of Interest to Saint Paul 2. Local Government Aide Resolution, Bob Kessler (materials to be distributed) 3. Other Stadium Bill, Ken Smith & Bob Kessler (materials to be distributed) 35E speed limit increase proposal (Nancy Haas) file: //C:ADOCUME— l\LFSUPP —l\ LOCALS— l\TempTL1 4 -7... 12/15/2010 Page 8 of 8 OLD BUSINESS RiverCentre merger amendments /letter to Rep. Hausman and Senator Wiger NEXT MEETING DATE April 21, 2004 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. inn. 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. in., 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. in., and 5:30 p. in.; 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_145228\Agenda 4 -7... 12/15/2010