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Agenda 10-8-2003Page 1 of 8 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, October 8, 2003 - 3:30 p.m. Due to the death of City Councilmember Jim Reiter, most items on this agenda will be laid over to next weeks €TMs meeting, and the Policy Session and Public Hearing have been cancelled. There may be additional changes to the agenda as well. Policy Session and Public Hearing (Item 47) CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651- 266 -8565 Chris Rider - 651- 266 -8633 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Housing and Redevelopment Authority CONSENT AGENDA (Items 1 - 19) 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. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 2 of 8 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Jennifer Ackerman, Theresa Beaulier, Jeff Bierschbach, Paige J. Donnelly, LTD, (attorney for Michael Fisher), Raymond Fernow, and Barbara Sarapas. 2. Garnishment Summons in the matter of Buck Blacktop, Inc. V. Nadeau Utility, Inc. (The City of St. Paul owes money to the Judgment Debtor, Nadeau Utility, Inc. for work performed on the Two Rivers Overlook project.) 3. Summons and Complaint in the matter of Yeng Thao, Peter Yang, and Michelle Yang, as co- trustees for the heirs and next of kin of Ki Yang, deceased, vs. the City of Saint Paul, et al. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 22, 2003, to consider the application of Vitcak & Hayne to rezone property from R -4 (single - family residential) to RT -1 (two - family residential) to allow a duplex at 895 and 905 Kennard Street between York and Stillwater Avenues. 5. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on October 22, 2003, to consider the appeal of Real Estate Development Group to a decision of the Heritage Preservation Commission denying a demolition permit application to raze the house and garage at 358 Marshall Avenue in order to construct a six story 68 -unit condominium building. 6. Administrative Orders: D002331 Amending the budget for STAR funds awarded through the Neighborhood Investment Initiative Program for 920 Selby Avenue and Raspberry Island Landscaping projects. D002332 Authorizing the Police Department to remit an amount not to exceed $300.00 to Byerly's, 1059 Suburban Avenue, for food service for participants in the Crime Free Multi- Housing Program's Phase L Rental Property Owners and Managers training on October 15, 2003. FOR ACTION 7. Resolution - 03 -902 - Approving the Memorandum of Understanding between the City of Saint Paul and Tri- Council Local 120, Local 49, and Local 132 to modify Appendix A, Section H of the 2003 -2004 Collective Bargaining Agreement. (To be laid over one week for adoption) 8. Resolution - 03 -903 - Honoring KFAI Radio for 25 years of operation. 9. Resolution - 03 -904 - Authorizing the Port Authority of the City of Saint Paul to issue Bonds for District Cooling. 10. Resolution - 03 -905 - Approving the decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 529 Sherburne Avenue. 11. Resolution - 03 -906 - Approving the application for an Auto Repair Garage License by Timothy S. Gleason, owner, Winnie & Sons, Inc., dba Precision Tune Auto Care, 360 Snelling Avenue South. (Legislative Hearing Officer recommends approval with conditions) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 3 of 8 12. Resolution - 03 -907 - Approving the decision of the Legislative Hearing Officer on appeals of fence variance denials for 176 Richmond Street and 1883 Cottage Avenue East. 13. Resolution - 03 -908 - Supporting capital improvement projects in Saint Paul for submission and consideration in the Governor's 2004 State of Minnesota Capital Improvement Bonding Program. 14. Resolution - 03 -909 - Amending Council File 277173, adopted July 21, 1981, relieving the Univar Corporation of its obligation to maintain a $5,000 bond as required by a condition of a 1981 street vacation as a bond is no longer required in vacations. 15. Resolution - 03 -910 - Supporting Congressional legislation allowing the placement of a portion of a retiree's pension into a tax -free account to be withdrawn on a tax -free basis for allowable health care expenses. 16. Resolution - 03 -911 - Adopting the findings of fact related to demolition of buildings located in proposed future Westminster Junction Business Center tax increment financing district. 17. Resolution - 03 -912 - Authorizing the developers of 1721, 1727 and 1729 Old Hudson Road to apply for and, if approved, receive the zoning or building permits necessary to undertake the construction of their proposed development, pending the official amendment of Council File No. 02 -1115. 18. Resolution - 03 -913 - Authorizing Boston Healthcare to apply for and, if approved, receive the zoning or building permits necessary to undertake the construction of their proposed development at 1865 Old Hudson Road, pending the official amendment of Council File No. 02 -1115. 19. Resolution - 03 -914 - Memorializing City Council action taken May 28, 2003, denying the appeal of Clear Channel Outdoor Advertising of a Planning Commission decision that denied the company a repair permit to restore the west - facing billboard sign on the rooftop at 1521 Selby Avenue. FOR DISCUSSION 20. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue within fifteen (15) days from adoption of resolution. (Laid over from August 6) (Legislative Hearing Officer recommends approval) 21. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine Zimmer Lonetti to the Planning Commission. (Laid over from September 24) (A report was requested on March 26 from the Administration pertaining to term limits for Planning Commission appointments and geographic diversity. Also, an opinion was requested from the City Attorney on this issue.) 22. Final Order - 03 -864 - In the matter of the operating costs for the Above Standard Street Lighting Systems for 2004 for projects in Wards 1, 2, 3, 4, and 7. (Laid over from September 24) 23. Final Order - 03 -866 - In the matter of the operating costs for the Above Standard Street lighting Systems (twin acorn) for 2004 for both sides of East 7th Street from Wacouta Street to Temperance Street; north side of East 7th Street from Temperance Street to approximately 60 feet west of Temperance Street, and the south side of East 7th Street from Temperance Street to Jackson Street to file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 4 of 8 become part of the new Downtown Acorn Area. (File No. 18994) (Laid over from September 24) 24. Resolution Ratifying Assessment - 03 -915 - In the matter of the assessment of benefits, cost and expenses for the operation of the Above Standard Street Lighting System for the Ford - Cleveland Area. (File 4 183 90) (Laid over from September 24) 25. Resolution - 03 -875 - Adopting the FY2003 Large Neighborhood STAR Program. (Laid over from October 1) 26. Resolution - 03 -880 - Concerning adverse action against the licenses held by San Pelino, Inc., d /b /a Pelino, 1905 Stillwater Avenue. (Laid over from October 1) 27. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from October 1) 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 PAUL LEGAL LEDGER. 28. Second Reading - 03 -884 - An ordinance creating a new city department to be known as the Department of Neighborhood Housing and Property Improvement and establishing appropriate functions and responsibilities. 29. Second Reading - 03 -885 - An interim ordinance clarifying the length of time of the interim ordinance governing the Arcade Street Study Area established by Council File No. 01 -648 for a period of twelve months, and extended for an additional eighteen months in Council File No. 02 -514, for a total of thirty months, as permitted under Minn. Statute §462.355, Subd. 4. 30. Second Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers." 31. Second Reading - 03 -887 - An ordinance amending Chapters 32, 33, 43, 45, 51, 105, 163, 189 and 292 of the Saint Paul Legislative Code to accurately reference the functions of the new Department of Neighborhood Housing and Property Improvement. 32. Second Reading - 03 -888 - An ordinance amending Chapters 33, 34 and 60 of the Saint Paul Legislative Code to establish requirements for student dwellings including regular inspections and installation of hard wired smoke detectors. 33. Second Reading - 03 -889 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to increase fees 10% for most categories of permits, except for general building permits, and to increase annual elevator inspection fees 25 %. 34. Second Reading - 03 -890 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to allow for reinspection and excessive initial inspection fees to be collected by special assessment. 35. Second Reading - 03 -891 - An ordinance amending Chapter 51 (Rental Registration) of the Saint Paul Legislative Code to allow for interior inspections of one and two unit rental dwellings and clarify file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 5 of 8 grounds for rental registration revocation. 36. Second Reading - 03 -892 - An ordinance amending Chapters 87, 89, 91, 92, 94 and 95 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. 37. Second Reading - 03 -893 - An ordinance amending Chapter 310 (Uniform License Procedures) of the Saint Paul Legislative Code to increase fees 25% for some categories of licenses in the City of Saint Paul, to increase Malt Off -Sale 10 %, Food Institutional 100 %, and to create a fee schedule for the proposed new environmental plan review fees to be created in Chapters 331A, 367, 380, 412 and 412A. 38. Second Reading - 03 -894 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to require food facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership and inspection fees. 39. Second Reading - 03 -895 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code to require tattoo facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and fees. 40. Second Reading - 03 -896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code requiring tanning facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and fees. 41. Second Reading - 03 -897 - An ordinance amending Chapter 412 of the Saint Paul Legislative Code to require massage facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspections and fees. 42. Second Reading - 03 -898 - An ordinance amending Chapter 412A of the Saint Paul Legislative Code to require adult massage parlor owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and fees. 43. First Reading - 03 -916 - An ordinance memorializing City Council action granting the application of Thomas Lux to rezone property at 2041 Grand Avenue from RM -2 (Multi - Family Residential) to B -2C (Community Business - Converted) to allow for conversion of a first floor residential unit to a kitchen /bath design business. (Public hearing held September 3, 2003) 44. First Reading - 03 -917 - An ordinance amending Saint Paul Legislative Code Chapter 407, Reports, by striking the obsolete reports section from the Legislative Code. 45. First Reading - 03 -918 - An ordinance amending the interim ordinance adopted pursuant to Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved the status quo with respect to the use of property in the Sunray area. (Boston Healthcare) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 6 of 8 46. First Reading - 03 -919 - An ordinance amending the interim ordinance adopted pursuant to Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved the status quo with respect to the use of property in the Sunray area. (Old Posey Miller Site) 47. POLICY SESSION To Review the City's Efforts to Promote Equal Access to City Contracts 1. Introduction —Scope of the policy session and why the City Council is concerned about this topic (Marcia Moermond, Lead Policy Staff, City Council Research). [5 minutes] 2.13ackground Information and History of City's programs to promote equal access (Bob Kessler, Council Research Staff) [8 to 10 minutes] From Set Aside to Targeted Vendor to the Vendor Outreach Program in 1997 • Croson Case Ramifications • What Other Local Governments are doing to promote equal access 3. Responsibilities and Accomplishments in Promoting Equal Access (various staff, see below) • Legislative Code Chapter 183: • Human Rights Department (Tyrone Terrill, Human Rights Director) [10 minutes] • Administrative Code Chapter 84: • Division of Contract and Analysis Services (Linda Camp, Manager of Contract and Analysis Services) [8 to 10 minutes] • Department of Planing and Economic Development (Martha Fuller, Director of PED) [5 minutes] 4.Minority Business Development and Retention Initiative (Martha Fuller, Director of PED) [8 to 10 minutes] 5. Community Perspectives (invited guests) [30 minutes] 6. Public Hearing [30 minutes] 7. Conclusions and Recommendations HOUSING AND REDEVELOPMENT AUTHORITY file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215 133343\Agenda 10 -... 12/15/2010 Page 7 of 8 OF THE CITY OF SAINT PAUL, MINNESOTA Wednesday, October 8, 2003 2:00 - 3:00 p.m. City Council Chambers, Third Floor Saint Paul City Hall Angela Simons, Clerical Support (651) 266 -6605 AGENDA ROLL CALL CONSENT AGENDA 1. Approval of Minutes from August 13, August 27, and September 10, 2003. 2. Recommendation Regarding Selection of Tentative Developer for Disposition of HRA -owned Land at 207 North Dale Street, Summit - University District 8. 3. Approval of a Deferred Loan for the Wilkins Townhomes Project and Budget Amendment for the HOME Program, District 8. PUBLIC HEARING 4. Resolution Giving Approval to a Health Care Project, Authorizing the Issuance of Health Care Facility Revenue Bonds under Minnesota Statutes, Sections 469.152 through 469.165 1, as Amended and Authorizing the Execution of Necessary Documents. DISCUSSION 5. Request for Approval of a $342,622 Forgivable Loan in HOME Funds and a $82,378 Forgivable Loan in CDBG Funds for the 800 East Third Street Project, District 4. (This item was laid over from the September 24, meeting) ADJOURNMENT Council Meeting Information file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_133343\Agenda 10 -... 12/15/2010 Page 8 of 8 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 Cahle_ 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_133343\Agenda 10 -... 12/15/2010