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Agenda 6-5-2002Page 1 of 8 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, June 5, 2002 - 3:30 - 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 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 • Miscellaneous CONSENT AGENDA (Items 1 - 39) 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 Doris Beedle, Chermander Harris, Krueger Law Firm (for Bryan Montgomery), Bette Kurysh, Mingmao Ly, James Murphy, Leonid Pugach, Clara Ratcliff, Mary Suttles, and Richard Swartz. 2. Summons and Complaint in the matter of Kelly Wilke vs. the City of St. Paul. 3. Notice of Sheriffs Sale Under Judgment and Decree and Findings of Fact, Conclusions of Law, and Order for Judgment and Judgment and Decree in the matter of National City Bank of Minneapolis vs. the Housing and Redevelopment Authority of the City of St. Paul, et al, re: Foreclosure by Action. (Union Depot, 214 East Fourth Street) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 2 of 8 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on June 26, 2002, to consider the report of the Administrative Law Judge concerning all licenses held by Dinner Club 2000, Inc, dba Dinner Club 2000, 1177 Clarence Street. 5. Letter from the Department of Planning and Economic Development announcing a public hearing on June 26, 2002, to consider the application of Robert Jackson and Deborah Jackson to rezone property on the east side of Oakdale Avenue between Winona and Wyoming Streets from R -4 to RT -1 to attach a splinter parcel to the main parcel. 6. Administrative Orders: D002160 Authorizing payment, not to exceed $600.00, for staff from the Division of Parks and Recreation attending the Millard Fillmore Dinner on May 16, 2002, at Touchstone Energy Place at RiverCentre. D002161 Changing the funding source for the Martin Luther King Center roof from Capital Improvement Bonds to Community Development Block Grant financing. D002162 Authorizing the Division of Parks and Recreation to pay for meals, not to exceed $1,800.00, for participants and staff during the three week -long summer day camps for children. FOR ACTION 7. Resolution - 02 -466 - Approving the appointments of Louis Henry, Barbara Hunn Miesen, Mark Moeller, and Richard "Michael" Wright and the reappointments of William Cosgriff, Bill Daly, Steven Zaccard, Robert Awsumb, Douglas Gale, Randy Gellar, Henry Kristal, and Steven Lehr, by Mayor Kelly, to the Business Review Council. 8. Resolution - 02 -467 - Approving the appointment of Todd Nicholson and the reappointment of George Fremder, by Mayor Kelly, to the District Energy Board. 9. Resolution - 02 -468 - Concerning adverse action against the Cigarette /Tobacco license held by Crown Coco, Inc., dba Smith Avenue E -Z Shop, 778 Smith Avenue, South. 10. Resolution - 02 -469 - Concerning adverse action against the Cigarette /Tobacco license held by Calvin's, Inc., dba Vine Park Brewing Company, 242 7th Street West. 11. Resolution - 02 -470 - Concerning adverse action against the City Contractor license held by SS Contractors, Inc., 1360 University Avenue West. 12. Resolution - 02 -471 - Concerning adverse action against the Cigarette /Tobacco license held by Walgreen Company, dba Walgreens 403665, 1401 Maryland Avenue East. 13. Resolution - 02 -472 - Denying the license application for a 3.2 Malt On -Sale license submitted by Gilberto Alanis, dba Cafe' del Sol, 863 7th Street East. 14. Resolution - 02 -473 - Approving the application for a Gambling Location License by Blues Saloon, dba Lucy's, 601 Western Avenue North. (Legislative Hearing Officer recommends approval) 15. Resolution - 02 -474 - Approving the application for a Gambling Hall License by Mid Metro Realty, 1410 White Bear Avenue North. (Legislative Hearing Officer recommends approval) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 3 of 8 16. Resolution - 02 -475 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 1519 Hazelwood Street, 665 Snelling Avenue North, 201 Fourth Street East, 963 Seventh Street West, 693 Arlington Avenue East, 287 Maria Avenue, 2097 Marshall Avenue, and 671 and 673 Sims Avenue. 17. Resolution - 02 -476 - Memorializing City Council action taken April 4, 2002, granting the appeal of Carol Toner to a decision of the Board of Zoning Appeals denying a variance of the spacing requirement for a currency exchange business to the nearest residential property line at 259 University Avenue West. 18. Resolution - 02 -477 - Memorializing City Council action taken May 22, 2002, granting the application of the Centex Multi - Family Communities for a combined plat for Upper Landing Urban Village creating seven blocks, associated streets and residential and mixed -use six outlots for the area generally bounded by Chestnut Street, the Mississippi River, Wilkin Street and the new Shepard Road. 19. Resolution - 02 -478 - Agreeing to defend, indemnify and hold harmless the Minnesota Street Rod Association, Clear Channel/KOOL 108, and Nemer Fieger from any and all damages they may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of the public right -of -way on Kellogg Boulevard between Wabasha and Robert Streets from June 1 to September 28, 2002. 20. Resolution - 02 -479 - Authorizing the Department of Planning and Economic Development to amend the 2002 budget to allow expenditure of grant funds. 21. Resolution - 02 -480 - Accepting a $10,000 grant from Schering Pharmaceuticals to be used to conduct Hepatitus C blood screening for firefighters. 22. Resolution - 02 -481 - Authorizing the proper City officials to accept the dedication of a right -of -way easement by Northern States Power Company, dba Xcel Energy. 23. Resolution - 02 -482 - Accepting funds for shirts for City Employee Volunteers working on the Habitat for Humanity Project. 24. Resolution - 02 -483 - Establishing a budget for Phase Two of the Wacouta Commons park development. 25. Resolution - 02 -484 - Establishing a budget for Federal T -21 funds for the Samuel H. Morgan Regional Trail (Old Shepard Road) development. 26. Resolution - 02 -485 - Amending the 2002 Capital Improvement Budget to establish a new project, the River Heights Townhomes Park Development. 27. Resolution - 02 -486 - Amending the 2001Capital Improvement Budget to amend the project budget for Mattocks Park Improvements. 28. Resolution - 02 -487 - Approving pass - through funds from MNDOT to Hamline Midway Coalition for the Snelling Avenue Study. 29. Resolution - 02 -488 - Authorizing disposition of excess Johnson Parkway right -of -way, located northwesterly of the intersection of Johnson Parkway and Phalen Boulevard, in accordance with City Charter requirements (Ch. 13.01). (This item will be considered under Public Hearings at 5:30 p.m.) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 4 of 8 30. Resolution - 02 -489 - Authorizing the Police Department to enter into an agreement with the Federal Bureau of Investigation for participation in the Minnesota Violent Crime /Fugitive Task Force. 31. Resolution - 02 -490 - Amending the Salary Plan and Rates of Compensation by removing irrelevant or dated language. 32. Resolution - 02 -491 - Approving an application to the Federal Emergency Management Agency's 2002 Assistance to Firefighters Grant Program to replace aging Self Contained Breathing Apparatus (SCABA) in the Department of Fire and Safety Services. 33. Resolution - 02 -492 - Establishing a 2002 financing and spending plan for Police Department services provided to the District 6 Planning Council. 34. Resolution - 02 -493 - Approving disbursement of Youth Program Funds to the following organizations: American Legion Post 4418, The Broom Closet, Boy Scout Troop 4294, Dunning Boosters, Edgcumbe Community Center Hockey Booster Club, Hayden Heights Youth Alliance, Hillcrest Booster Club, Johnson Area Youth Activities Association, Lexington /Hamline Community Council, Lower East Side Football Association, Merriam Park Booster Club, Mighty Kids Inner City Hockey, St. Paul Midway Little League, St. Paul Police Explorer Post 4454 - BSA, St. Paul Science Fair Support Group, St. Paul Urban Tennis Program, Sounds of Hope LTD, SuperClown Children's Art Gallery, Venture Crew 4613 - BSA, and Youth Express. 35. Resolution - 02 -494 - Approving the following organizations to the 2002 Charitable Gambling 10% Club: Area "J" Girls' Fastpitch, Inc., Arlington Youth Club, Battle Creek Booster Club, Boy Scout Troop 4294, Hillcrest Booster Club, Langford Park Booster Club, and Wilder Youth Club, Inc. 36. Preliminary Order - 02 -495 - In the matter of construction of the Hill Street Plaza project, and setting date of public hearing for June 26, 2002. (File No. 18959) 37. Preliminary Order - 02 -496 - In the matter of sidewalk reconstruction and /or new construction in Wards 2, 3, and 4, and setting date of public hearing for June 26, 2002. (File Nos. S02038, S02100- S02111) 38. Preliminary Order - 02 -497 - In the matter of sidewalk reconstruction and /or new construction in Wards 5, 6, and 7, and setting date of public hearing for June 26, 2002. (File Nos. S02082, S02112- S02130) 39. Resolution Approving Assessment - 02 -498 - In the matter of demolition of vacant buildings for part of March 2002 through part of April 2002 (J0202C); towing abandoned vehicles from private property for January 2002 (J0202V); summary abatements (property clean -up) during part of April 2002 through part of May 2002 (J0203A); boarding up vacant buildings for March 2002; summary abatement (snow /ice removal and /or sanding of walks) for part of April 2002 (J02SNOW2), and setting date of Legislative Hearing for July 9, 2002, and City Council Hearing for July 24, 2002. FOR DISCUSSION 40. Considering the appeal of Cermak Rhoades Architects for the Great Northern Lofts Development Team to a decision of the Heritage Preservation Commission denying a demolition permit to raze the Wells Fargo Building and adjacent storage building at 267 -271 E. Kellogg Boulevard. (Public hearing file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 5 of 8 was held on October 24, 2001) 41. Follow -up report by Gerry Strathman, Council Research Director, and the Administration on "Information Summary Regarding the Organizations Responsible for the City of Saint Paul's Convention, Entertainment, Visitor and Tourism Industry." (Requested by the City Council on April 10) (Laid over from May 22) 42. Report from the Administration on proposed budget cuts for 2002 and an explanation of how the cuts are reflected. (Report requested on May 22) 43. Report from the Administration on information related to the construction of a Major League Baseball Stadium in Saint Paul. (Requested per Council File 02 -462 adopted May 22, 2002) 44. Resolution - 02 -499 - Approving the FY2002 Neighborhood Sales Tax Revitalization (STAR) Small Grant Awards. 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 45. Final Adoption - 02 -343 - An interim ordinance adopted pursuant to Minnesota Statute §462.355, Subd. 4, preserving the status quo with respect to the use of property in the area presently under study for Irvine Avenue pending completion of the study and any possible amendments to the City of Saint Paul's Comprehensive Plan or Zoning Ordinance necessary to give effect to the study. 46. Final Adoption - 02 -391 - An ordinance amending Chapter 30 of the Saint Paul Legislative Code to correct a typographical error and a grammatical error regarding the regulation of the size and time for displaying temporary election signs. 47. Third Reading - 02 -424 - An ordinance memorializing City Council action approving the application of Joseph Sandhofer to rezone property from RM -2 (Multi - Family Residential) to B -3 (General Business) to allow the expansion of BP Amoco at 390 Lexington Parkway North. (Public hearing held April 24, 2002) 48. First Reading - 02 -500 - An ordinance amending Chapter 77 of the Saint Paul Legislative Code to authorize the Water Board to shut off water service to properties in the event sewer bills are delinquent for more than thirty (30) days. 49. First Reading - 02 -501 - An ordinance amending Chapter 91 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as recommended by the Board of Water Commissioners of the City of Saint Paul. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 50. Final Adoption - 02 -309 - An ordinance amending Chapter 33 to increase the permitted height of a fence and eliminating the exemption for non - opaque fences except on schools or park playgrounds. (On file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 6 of 8 May 8 the ordinance was reconsidered, a substitute introduced, and laid over for a public hearing) 51. Third Reading - 02 -344 - An ordinance amending the interim ordinance adopted November 20, 2000 in Council File 01 -648 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. (Laid over from May 22) 52. Third Reading - 02 -427 - An ordinance establishing an Examining Committee for the position of Director of Human Resources pursuant to the provisions of Section 12.12.1 of the City Charter. 53. Resolution - 02 -502 - Concerning adverse action against the licenses held by Little Grocery, dba Little Grocery, 1724 University Avenue West. 54. Resolution - 02 -503 - Concerning adverse action against the Cigarette /Tobacco license held by Hussein Abdelhamid, dba Rice Street Grocery, 873 Rice Street. 55. Resolution - 02 -504 - Approving the application of Capital City Productions, Inc. for a sound level variance for amplified live band music on an outdoor stage on the corner of Kellogg Boulevard and West 7th Street on August 16 & 17, 2002, from 5:00 P.M. to 10:00 p.m. during Capital City Days. 56. Resolution - 02 -505 - Approving the application of James and Kathy Lynden, representing The Retreat, 599 Grand Avenue, for a sound level variance to allow a live band concert at Andy's Garage, 1825 University Avenue West, on July 28, 2002, from 4:30 p.m. to 9:00 p.m. during the "Summer Party" fundraiser. 57. Resolution - 02 -506 - Authorizing the sale of Town Square Park in accordance with Chapter 13 of the Saint Paul City Charter and Chapter 51 of the Saint Paul Administrative Code. 58. Resolution Ratifying Assessment - 02 -507 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) of property at 1109 Magnolia Avenue East. (JO 106AAA) (Laid over from April 24) 59. Resolution Ratifying Assessment - 02 -508 - In the matter of the assessment of benefits, cost and expenses for towing an abandoned vehicle at 667 Magnolia Avenue. (J0201VVV) (Laid over from May 22) 60. Public hearing to consider the application of Realife, Inc. for combined plat approval for subdivision of property at 1355 Phalen Boulevard (north corner at Johnson Parkway) for residential development. 61. Public hearing to consider the application of the Housing and Redevelopment Authority to rezone property from RT -2 to P -1 to develop a parking lot at 615, 617, 621 & 623 York Avenue (north side between Payne Avenue and Edgerton Street). 62. Public hearing to consider the appeal of Grand Investors 2001 to a decision of the Planning Commission denying the site plan for a new commercial building and parking lot at 1060 Grand Avenue. 63. Public hearing to consider the appeal of Cermak Rhoades Architects for the Great Northern Lofts Development Team to a decision of the Heritage Preservation Commission denying a revision to a building permit application to lower the height of the building by removing the parapet at 281 Kellogg file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010 Page 7 of 8 Boulevard (J.J. Hill Building, Lowertown Historic District). 64. Public hearing to consider the appeal of Judith Dean, owner of 318 Summit Avenue, to a decision of the Heritage Preservation Commission approving a building permit application to construct two large dormers at the attic level on the rear of the property at 322 -24 Summit Avenue (Hill Historic District). (To be withdrawn) MISCELLANEOUS 65. Recognizing the students of Horace Mann Elementary School and their music director for their recent performance of 'Proud to Be Saint Paul. " 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_150046\Agenda 6 -5... 12/15/2010 Page 8 of 8 file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_150046\Agenda 6 -5... 12/15/2010