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Agenda 11-6-2002Page 1 of 7 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, November 6, 2002 - 3:30 - 5:00 p.m. PUBLIC HEARINGS at 5:30 p.m. & 7:45 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 CONSENT AGENDA (Items 1 - 34) 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 AT &T Broadband (1564 Ames Avenue), AT &T Broadband (2257 English Street), Mary Brodt, Chad Bscherer, Cindy Celany, Roberta Madison, Michelle Lea Olson, Catherine Pavlak, Catherine and David Schmidt, Goins & Wood, Attorney's at Law (for Rodney Thompson), and Ray Wilcenski. 2. Ramsey Hill Association's Reply Memorandum of Law and Affidavit of James Keane in the matter of Ramsey Hill Association v. the City of Saint Paul, Khalid Effendi and Faezeh Effendi. 3. Summons and Complaint in the matter of Jennifer Jones, vs. the City of Saint Paul. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 2 of 7 4. Notice of Making Deposit Into Court and Receipt of Deposit by District Court Administrator in the in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Paul, et al. (Condemnation of certain real property located in the City of Saint Paul, County of Ramsey, State of Minnesota) 5. Order Authorizing Payment or Deposit and Transferring of Title and Order Granting Petition and Appointing Commissioners in the matter of the Port Authority of the City of Saint Paul vs. JBC Development, Inc., et al. (Condemnation of certain real property for the Phalen Corridor Project, West Section) 6. Order Authorizing Payment or Deposit and Transferring of Title and Order Grant Petition and Appointing Commissioners in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. BMMS, LLC, et al. (Condemnation of real property for the Hillcrest Village Redevelopment Project) 7. Letter from the Metropolitan Airports Commission notifying the City of their Draft Environmental Assessment for the Implementation of a Departure Procedure off Runway 17 (in order to reduce the potential noise impacts) at the Minneapolis -St. Paul International Airport (MSP). (Document available for review in the City Clerk's Office, Room 170 City Hall). 8. Letter from the Office of the City Attorney announcing cancellation of the administrative hearing on October 29, 2002, concerning Tow Truck/Wrecker License held by Rapid Recovery, Inc., dba Rapid Recovery, 240 West Sycamore Street. (A public hearing will be scheduled before the City Council at a future date.) 9. Letter from the Office of the City Attorney announcing cancellation of the administrative hearing on October 31, 2002, concerning licenses held by Jefferson Enterprises, Inc., dba Jefferson Auto Repair, 975 West Minnehaha Avenue. (A public hearing will be scheduled before the City Council at a future date.) 10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 20, 2002, to consider the report of the Administrative Law Judge concerning all licenses held by Dinner Club 2000, 1177 Clarence Street. 11. Letter from the Real Estate Division announcing a public hearing before the City Council on November 20, 2002, to consider a petition of Regions Hospital to vacate that part of Belleview Street lying southwesterly of the southwest right -of -way line of Jackson Street, northeasterly of the southeasterly extension of the center line of Capitol Heights Street and northwesterly of the center line of said Belleview Street to facilitate development of a parking lot. 12. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 695 Charles Avenue, 278 Topping Street, and 136 Wilder Street North as nuisance properties and setting date of Legislative Hearings for November 12, 2002, and City Council Hearings for November 20, 2002. 13. Administrative Orders: D002206 Amending the 2002 budget in the Office of Financial Services' CPL - Operating Fund. D002207 Amending the STAR budget to use a different object code for direct project costs, changing file: //C:ADOCUME— l\LFSUPP— )\LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 3 of 7 the object code used to record rebates, and moving budget for origination fees incorrectly put in object code 0558. D002208 Authorizing the Marketing and Promotions Division to expend $1,500.00 for supplies, materials and advertising to aid in promoting the "Selby Jazz Festival" as a community -wide event that serves the public purpose of promoting the City of Saint Paul. D002209 Moving funds from the 100s and 400s to the 200s of the Risk Management Division budget. D002210 Authorizing the Department of Fire and Safety Services to pay for all costs incurred for a celebration of the 125th Anniversary of the Saint Paul Fire Department on October 6, 2002. FOR ACTION 14. Approval of minutes of October 2, 2002. 15. Resolution - 02 -968 - Approving the Memorandum of Agreement between Independent School District No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Local 1324 to establish Terms and Conditions of Employment for 2002 - 2003. (Laid over from October 23 for adoption) 16. Resolution - 02 -969 - Approving the Employment Agreement between Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96; United Association of Steamfitters, Pipefitters, and Service Technicians, Local Union No. 455; Sheet Metal Workers International Association, Local 10; and United Association of Plumbers, Local Union No. 34 to establish Terms and Conditions of Employment for 2002 - 2005. (Laid over from October 23 for adoption) 17. Resolution - 02 -1006 - Approving the appointment, by Mayor Kelly, of Matthew Smith as Director of the Office of Financial Services. 18. Resolution - 02 -1007 - Approving the appointments, by Mayor Kelly, of Vic Ames, Jeff Benning, Catherine Smith Edlund, Robert Hannaman, Gerald Krieger, Nora McKinnon, Mark Rindfleisch, Nancy Sabin, and Lori Spiess and the reappointments of James DiZio, Robert Patient, and Jill Peterson to the Neighborhood Advisory Committee. 19. Resolution - 02 -1008 - Approving the appointment, by Mayor Kelly, of David Solomon Wang Cohen to the Human Rights Commission and the Fair Housing Council. 20. Resolution - 02 -1009 - Approving the appointment, by Mayor Kelly, of Paulette Swindeman to the Board of Zoning Appeals. 21. Resolution - 02 -1010 - Approving the appointments, by Mayor Kelly, of Douglas Hubbard, Greg Lambert, Jackie Mlynarczyk, Paul Nelson and Tene Wells to the Workforce Investment Board. 22. Resolution - 02 -1011 - Concerning adverse action against the licenses held by M T Bears, Inc., dba Billy T's Saloon, 1082 Arcade Street. 23. Resolution - 02 -1012 - Approving payment of $3,500.00 to the American Center for Law and Justice file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 4 of 7 Midwest, attorneys for Sally Kolb and Bonnie Holiday, in full settlement of their claim against the City of Saint Paul. 24. Resolution - 02 -1013 - Directing the proper City officials to enter into a mutual indemnification agreement with Michael Wong and Town Square Garden, Inc. 25. Resolution - 02 -1014 - Amending Council File 02 -795 to vacate a parcel of City parkland by inserting language authorizing conveyance of the vacated property to the Housing and Redevelopment Authority. 26. Resolution - 02 -1015 - Deleting the amount of an assessment for property clean -up for property at 727 6th Street East. 27. Resolution - 02 -1016 - Authorizing assessment of street improvements on trunk highways, municipal state aid routes, county highways, and county state aid routes for the RSVP program. 28. Resolution - 02 -1017 - Establishing the rate of pay for the new classification titled Debt Administrator in Grade 026 of the Professional Employees Association. 29. Resolution - 02 -1018 - Approving an agreement for billing and collection of sewer service charges between the Board of Water Commissioners and the City of Saint Paul. 30. Resolution - 02 -1019 - Approving payment of $24,548.81 to Collins, Buckley, Sauntry & Haugh and Mark Gehan in full settlement of the claims for attorneys fees for two cases against the City of Saint Paul. 31. Resolution - 02 -1020 - Directing the Division of Parks and Recreation to execute a new contract with the Saint Paul Public Schools for financial accounting services for the "Night Moves" summer teen program. 32. Resolution - 02 -1021 - Authorizing the Police Department to enter into an agreement with the State of Minnesota to provide a police officer to the Police Corps Training Academy operated by the State. 33. Resolution - 02 -1022 - Increasing the budget in the Library Aids and Grants fund to reflect an increase in donations from The Friends of the Library and Perrie Jones Library Fund, and to carry forward balances left from various other grants. 34. Resolution - 02 -1023 - Re- approving the Summary of the Phalen Corridor Development Strategy as a condition of accepting a $2 million grant from the United States Economic Development Administration for construction of public improvements to serve the Westminster Junction Business Center. FOR DISCUSSION 35. Resolution - 02 -1024 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 691 Dale Street North. (Laid over from October 16) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 5 of 7 36. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from October 23) 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 CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER 37. Final Adoption - 02 -898 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code establishing time periods for the purpose of calculating the presumptive penalty for a violation of sale of tobacco to a minor. 38. Second Reading - 02 -987 - An ordinance granting the application of Arthur Baumeister to rezone property at the southwest corner of Page and Concord Streets from R -4 to RT -1 to construct two duplexes. (Public hearing held September 25, 2002) 39. Second Reading - 02 -988 - An ordinance amending Section 33.05 of the Saint Paul Legislative Code to increase Certificate of Occupancy renewal fees by 25 %. 40. First Reading - 02 -1025 - An ordinance amending Section 409.06 of the Saint Paul Legislative Code to clarify that the distance restrictions between off -sale liquor stores cannot be waived. 41. First Reading - 02 -1026 - An ordinance repealing Chapter 341 (Milk) of the Saint Paul Legislative Code by enacting a delegation agreement between the City and the Minnesota Department of Agriculture with the City discontinuing the licensing and inspecting of milk plant /service licenses. 42. First Reading - 02 -1027 - An ordinance repealing Chapter 339 (Ice Cream Processing and Distributing) of the Saint Paul Legislative Code by enacting a delegation agreement between the City and the Minnesota Department of Agriculture with the City discontinuing the licensing and inspecting of ice cream processing and distributing licenses. 43. First Reading - 02 -1028 - An ordinance repealing Chapter 374 (Food Salvage) of the Saint Paul Legislative Code by enacting a delegation agreement between the City and the Minnesota Department of Agriculture with the City discontinuing the licensing and inspecting of food salvage licenses. 44. First Reading - 02 -1029 - An ordinance amending Chapter 331A (Food Protection Standards) of the Saint Paul Legislative Code to be consistent with the Minnesota Department of Agriculture license types and to make the license fees more equitable. 45. First Reading - 02 -1030 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code to be consistent with the new definitions in Chapter 331A (Block Parties, Community Festivals and Special Events). 46. First Reading - 02 -1031 - An ordinance amending Chapter 310 (Uniform License Procedures) of the Saint Paul Legislative Code by deleting certain licenses no longer enforced by the City of Saint Paul and reflecting the new license classifications and fees as a result of changes to Chapter 331A of the Saint Paul Legislative Code. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 6 of 7 PUBLIC HEARINGS (public hearings begin at 5:30 p.m. and conclude by 7:3o for Items 47 - 50 will P.M.) 47. Public hearing on the 2003 Right -of -Way Maintenance Assessments, Sanitary Sewer Rates and Storm Sewer System Charges, and Water Service Rates as well as the spending and service delivery plans for all City departments and offices, the Housing and Redevelopment Authority, the Saint Paul Regional Water Utility, the RiverCentre Authority; and the Housing and Redevelopment Authority Tax Increment Plans. 48. Resolution - 02 -1032 - Authorizing Right -of -Way Maintenance for 2003. 49. Resolution - 02 -1033 - Setting the 2003 Sanitary Sewer rates and the Storm Sewer System charges. 50. Resolution - 02 -1034 - Approving the 2003 Schedule of Water Rates. The following public hearings will begin at 7:45 p.m.: 51. Resolution - 02 -1035 - Denying the application for a Taxicab Driver's License by Abdulahi O. Mohamed. (No public testimony will be received; to be laid over to November 20 for public hearing) 52. Resolution - 02 -1036 - Denying the taxicab driver's license application of Khaled Z. Elsawy. (No public testimony will be received; to be laid over to November 20 for public hearing) 53. Resolution - 02 -1037 - Ordering the owner to remove or repair the property at 706 Charles Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) 54. Resolution - 02 -1038 - Ordering the owner to remove or repair the property at 1083 Conway Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) 55. Resolution - 02 -1039 - Ordering the owner to remove or repair the property at 1150 Prosperity Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) 56. Resolution - 02 -1040 - Approving the decision of the Legislative Hearing Officer on the Property Code Enforcement Appeal for 1235 Margaret Street. 57. Resolution - 02 -996 - Approving the petition of the City of Saint Paul to vacate interest in the Old East Team Police Station and convey title to the Housing and Redevelopment Authority. (Laid over from October 23) 58. Public hearing to consider the application of Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family Residential) for construction of six townhouses at 965 St. Paul Avenue (southwest corner of St. Paul Avenue and Montreal Avenue). Council Meeting Information file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134018\Agenda l l -... 12/15/2010 Page 7 of 7 Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at www.ci.stnaul.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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_134018\Agenda 11 -... 12/15/2010