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Agenda 12-18-2002Page 1 of 5 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, December 18, 2002 - 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 CONSENT AGENDA (Items 1 - 24) 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 Syed Irshad Ahemed, Cloutier & Cloutier, Attorneys at Law (for Tony Moore), Craig and Mary Deelsnyder, Martin Korthank, Mark Lambert, Rev. Merle Lebahn, Lillian McIntosh, MetLife Insurance (for Pompey Stafford), Matthew Satriano, and Jim Scott. 2. Notice of Motion and Motion of respondent BMMS, LLC to withdraw monies on deposit, Affidavit of Mark A. Saliterman, and Proposed Order granting respondent BMMS, LLC's motion to withdraw monies on deposit in the matter of the Housing and Redevelopment Authority of the City of Saint Paul v. BMMS, LLC, et al. 3. Letter from the Office of the City Attorney stating that the hearing before an Administrative Law Judge scheduled for December 10, 2002, concerning all licenses held by Asian Cuisine, 945 Rice Street, file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134430\Agenda 12 -... 12/15/2010 Page 2 of 5 has ben canceled with a request to continue the matter indefinitely as the parties have entered into a discussion to resolve the issues raised in the City's October 18, 2002, Notice of Violation letter. 4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on January 14, 2003, at 9:30 a.m., Room 42, St. Paul City Hall, 15 West Kellogg Boulevard, concerning the application of Brandon D. Davis for a Saint Paul Taxicab Driver's License. 5. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 790 Laurel Avenue and 730 Sherburne Avenue as nuisance properties and setting date of Legislative Hearings for December 19, 2002 and City Council Hearings for January 8, 2003. 6. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 2285 Benson Avenue as nuisance property. (For notification purposes only; a public hearing will be scheduled at a future date if necessary.) 7. Administrative Orders: D002220 Extending Lease Agreement PW /41 with Eller Media Company granting the continued use of 3,750 square feet of vacant land near Cayuga Street and 35E for the purpose of operating and maintaining an outdoor advertising sign. D002221 Authorizing payment, not to exceed $600.00, to Byerly's, 1959 Suburban Avenue, for food service for the participants in the Police Department's Field Training Officer Course on December 9 -13, 2002. FOR ACTION 8. Approval of minutes of November 20, 2002. 9. Resolution - 02 -1169 - Approving the May 1, 2002 - April 30, 2005 Maintenance Labor Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. (To be laid over one week for adoption) 10. Resolution - 02 -1170 - Accepting a donation in the amount of $1,500.00 from Kraus - Anderson Construction Company to help fund the Capital City Education Initiative: Accountability and Access for World Class Schools and extending appreciation to the Company. 11. Resolution - 02 -1171 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 970 Euclid Street, 579 Laurel Avenue, 325 Cedar Street, 1619 Selby Avenue, and 118 Litchfield Street. 12. Resolution - 02 -1172 - Establishing the rate of pay for the new classification titled "Human Resources Information Systems Technician" in Technical Grade 034 of Collective Bargaining Unit 82, Saint Paul Classified Confidential Employees Association Salary Schedule. 13. Resolution - 02 -1173 - Approving a $7,500 grant to the Office of License, Inspections and Environmental Protection (LISP) from the American Lung Association to conduct tobacco compliance checks. 14. Resolution - 02 -1174 - Authorizing the proper City officials to enter into an agreement with the Minnesota Department of Transportation for federal aid participation for preliminary engineering for Phase II and III of the Phalen Boulevard Project. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134430\Agenda 12 -... 12/15/2010 Page 3 of 5 15. Resolution - 02 -1175 - Waiving the moratorium on convenience stores to allow zoning and building permit applications for 1104 Grand Avenue to be accepted and processed. 16. Resolution - 02 -1176 - Amending the 2002 budget in the Department of Planning and Economic Development Parking and Transit Fund. 17. Resolution - 02 -1177 - Approving a $70,000 Cultural STAR grant to the 2003 Creative Cities Conference. 18. Resolution - 02 -1178 - Approval to "carryforward" the City's unused 2002 entitlement allocation (bonding authority) for the purpose of year 2003 qualified residential rental projects. 19. Resolution - 02 -1179 - Approving Sales Tax Revitalization (STAR) Year Round Loan and Grant Funds and a Neighborhood Investment Initiative Program Grant for Lasting Impressions Child Care Learning Center. 20. Resolution - 02 -1180 - Authorizing additions to the financing and spending plans in the 2002 Como Campus fund. 21. Resolution - 02 -1181 - Authorizing City officials and staff to enter into a five -year agreement with Midwest Coca -Cola as the Division of Parks and Recreation's exclusive supplier of certain beverages, including soft - drinks, bottled water, juice, juice drinks and sports drinks. 22. Resolution - 02 -1182 - Increasing spending authority in the Division of Parks and Recreation General Fund Activity (Parks Maintenance) by $15,000. 23. Resolution - 02 -1183 - Authorizing acceptance of an additional $35,000 in Metro Greenways funds by the Division of Parks and Recreation to be used towards the acquisition and restoration of parts of the Lower Phalen Creek. 24. Resolution - 02 -1184 - Authorizing additions to the financing and spending plans in the Division of Parks and Recreation 2002 Environmental Permits and Planning activity budget. FOR DISCUSSION Resolution - 02 -1185 - Approving 2002 year -end budget adjustments. 26. A report from Council Research regarding the responses from the Capital Improvement Budget Committee (CIB) and the STAR Boards to the questions addressed by the Administration on the various issues and recommendations for the STAR Program. (A follow -up report was requested by the Council on October 23) 27. A report from the Department of Planning and Economic Development and Council Research staff on a thorough analysis of the STAR Program. (A follow -up report was requested by the Council on October 23) 28. Resolution - 02 -289 - Ordering the owner to remove or repair the building at 860 Euclid Street within fifteen (15) days from adoption of resolution. (Laid over from December 4) (Legislative Hearing Officer recommends approval) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_134430\Agenda 12 -... 12/15/2010 Page 4 of 5 29. Resolution - 02 -1032 - Authorizing Right -of -Way Maintenance for 2003. (Laid over from December 11) 30. Resolution - 02 -1139 - Approving the appointments, by Mayor Kelly, of Liz Anderson and Kelly Vang, and the reappointment of Trude Harmon to the Our Fair Carousel Board. (TO BE RECONSIDERED ON December 18; this resolution was adopted on December 11) ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER 31. Second Reading - 02 -1167 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code to eliminate the numbers of performers allowed by a Class A license. 32. First Reading - 02 -1186 - An ordinance amending interim ordinance 01 -648, adopted July 18, 2001, which imposed a moratorium on the use of property in the area presently under study for the Arcade Street Area Study pending completion of the study and any possible amendments to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study. 33. First Reading - 02 -1187 - An interim ordinance adopted pursuant to Minnesota Statute 462.355, Subd. 4, preserving the status quo with respect to convenience stores. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 34. Third Reading - 02 -1115 - An interim ordinance adopted pursuant to Minnesota Statute 462.355, Subdivision 4, preserving the status quo with respect to the use of property in the Sunray area. (Amended on December 4) 35. Resolution - 02 -1156 - Concerning adverse action against the licenses held by Fasika, Inc., dba Fasika Ethiopian Restaurant, 510 Snelling Avenue North. (Laid over from December 11 for public hearing) 36. Resolution - 02 -1188 - Ordering the owner to remove or repair the building at 1198 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the February 11, 2003 Legislative Hearings and the February 26, 2003 City Council Meeting) 37. Resolution - 02 -1189 - Approving the petition of the City of Saint Paul to vacate old right -of -way to replat the Science Museum site so new right -of -way can be dedicated. 38. Resolution - 02 -1190 - Approving an increase for the Sewer Service Availability Charge (SAC) from $1,200.00 to $1,275.00 beginning January 1, 2003. 39. Public hearing to consider the application of West Side Community Health Services for a Preliminary and Final Plat to consolidate underlying lots at 153 Concord Avenue. 40. Public hearing to consider the application of Royal Crest Properties, Inc. to rezone property from R- 4 (One - Family Residential) to RM -1 (Multiple - Family Residential) to construct two, four -unit file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_134430\Agenda 12 -... 12/15/2010 Page 5 of 5 townhouse structures (8 units total) at the southeast corner of Cottage Avenue and Farrington Street. 41. Public hearing to consider the application of Silver Oak Development for a combined plat to create 25 lots and 1 outlot to provide for single - family residential development at the unaddressed property at Point Douglas Road, Stinchfield and Burg Streets. 42. Public hearing to consider the application of Dayton's Bluff Neighborhood Housing Services for a preliminary and final plat to create five (5) residential lots with a variance for the property at Otsego Street between Mount Ida Street and Lafayette Road (Neighborhood Housing Otsego Street Addition, Block 1, Lots 1, 2, 3, 4, & 5). 43. Public hearing to consider the appeal of Stephen Filing, to a decision of the Board of Zoning Appeals granting two variances in order to construct a 38 -unit apartment building with commercial space on the first floor at 755 Selby Avenue (northwest corner of Selby and Grotto Streets). 44. Public hearing to consider the appeal of Lincoln Outdoor Advertising to a decision of the Planning Commission denying an appeal of an order to remove an advertising sign at 710 Dale Street North (between Van Buren and Minnehaha Avenues). Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at 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 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- 1 \LFSUPP -1 \LOCALS -1 \Temp \ELF20101215_134430\Agenda 12 -... 12/15/2010