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Agenda 2-5-2003Page 1 of 10 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, February 5, 2003 - 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 - 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 Carol Alger, Vivian Clausen, Kenneth Cloud, Genereux Law Offices (for Lori Cortez), David Gitzen, Don Hauge, Charlotte Heinze, William Jason, Qwest Communications (Accident date 9/4/02), Qwest Communications (Accident date 10/16/02), Qwest Communications (Accident date 11/5/02), Qwest Services Corporation (11/5/02), Patrick Wicker, and Claire Williams. 2. Summons and Complaint in the matter of Azuka Aghenu vs. Edward Roger O'Donnell and the City of Saint Paul. 3. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on February 26, 2003, to consider the application of Tim Weiss, President, Gabe's By The Park, 991 Lexington Parkway North, for a sound level variance to allow file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 2 of 10 amplified music inside a covered tent on the parking lot from 4:00 p.m. to midnight on March 14, 15, 16, and 17, 2003, during the St. Patrick's celebration, and on October 31 and November 1, 2003, during the Halloween celebration. 4. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 20 Sycamore Street East as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 26, 2003, to consider the application of MENARD, Inc. to rezone property from I -2 (Heavy Industrial) and B -3 (General Business) to I -1 (Industrial) to allow construction of a Menards Home Improvement Store at the northwest corner of University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue. 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 26, 2003, to consider the application of MENARD, Inc., for a combined plat to allow construction of a Menards Home Improvement Store at the northwest corner of University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue. FOR ACTION 7. Approval of minutes of January 15 and 22, 2003. 8. Resolution - 03 -60 - Approving the January 1, 2003 through December 31, 2004, Agreement between the City of Saint Paul and Local Unions 2508 (Clerical) and 1842 (Technical), District Council 14 of the American Federation of State, County and Municipal Employees. (Laid over from January 22 for adoption) 9. Resolution - 03 -63 - Approving the Memorandums of Agreement between the City of Saint Paul and AFSCME Local 2508 (Clerical), AFSCME Local 1842 (Technical), Professional Employees Association, Inc., and Saint Paul Supervisors Organization to continue the administrative processes and terms and conditions of employment created as a result of the Information Services Reorganization and Job Family Modeling Project. (To be laid over to February 12 for adoption) 10. Resolution - 03 -64 - Approving the appointment of Karen Johnson, by Mayor Kelly, as Director of Technology and Management Services effective January 6, 2003. 11. Resolution - 03 -65 - Accepting a $3,600 donation from Capital City Partnership to be used for travel by Mayor Kelly and other City officials to visit the newly created Sister City, Manzanillo, Mexico, and amending the budget to reflect this donation. 12. Resolution - 03 -66 - Requesting the Mayor's Administration, through the Department of Planning and Economic Development and the Saint Paul Port Authority, identify two sites within the City of Saint Paul for inclusion into the tax -free zones and report back to the City Council at its February 12, 2003, meeting and also requesting that the City of Saint Paul modify its Legislative Agenda and actively lobby the Saint Paul Delegation and the Legislature for inclusion of these two sites in the Governor's economic stimulus package as tax -free zones. 13. Resolution - 03 -67 - Supporting Xcel Energy's Metro Emissions Reduction project. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 3 of 10 14. Resolution - 03 -68 - Accepting a grant from the Department of Trade and Economic Development for the environmental investigation of the Island Station Site. 15. Resolution - 03 -69 - Authorizing the Police Department to enter into an agreement with the Minnesota State Fair for the purpose of using portions of Machinery Hill for the Saint Paul Police Cadet Academy on January 13 and 14, 2003. 16. Resolution - 03 -70 - Authorizing the Police Department to enter into an agreement with the Federal Bureau of Investigations for participation in the Joint Terrorism Task Force from October 1, 2002 through September 30, 2003. 17. Resolution - 03 -71 - Authorizing the Department of Fire and Safety Services to apply for the Hazard Mitigation Grant Program to be used for assistance in developing the City of Saint Paul's Emergency Operations Plan. 18. Resolution - 03 -72 - Recommending that the Board of Ramsey County Commissioners approve the repurchase application for the property at 2185 Reaney Avenue. 19. Resolution - 03 -73 - Concurring with the Board of Water Commissioners declaring the Water Board's Hamline Storeyard property to be surplus and authorizing the execution of a quit claim deed. 20. Resolution - 03 -74 - Approving a lease agreement between the Board of Water Commissioners and Qwest Wireless, LLC, allowing the installation and operation of wireless communication equipment at the St. Anthony Park Water Tower site. 21. Resolution - 03 -75 - Authorizing a new Capital Improvement project for the remediation of the recently acquired Lower Phalen Creek property. 22. Resolution - 03 -76 - Amending the Capital Improvement Budget for the Swede Hollow /4th Street Connection (Bruce Vento Regional Trail) project. 23. Resolution - 03 -77 - Memorializing City Council action taken October 2, 2002, denying the appeal of Lang Vu to a decision of the Board of Zoning Appeals denying side yard setback variances in order to construct a new single family home at 1011 Burns Avenue. 24. Resolution - 03 -78 - Memorializing City Council action taken December 18, 2002, approving 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. 25. Resolution - 03 -79 - Authorizing the Director of the Department of Public Works to file a petition with the Commissioner of Transportation to establish a railroad grade crossing on Fillmore Avenue 425 feet east of Wabasha Street. 26. Resolution - 03 -80 - Approving a 25 percent increase in zoning fees to reflect the various costs associated with reviewing, investigating and administering Saint Paul's zoning activities. 27. Resolution - 03 -81 - Authorizing the proper City officials to accept and set up a financing and spending plan for grants received from the Saint Paul Foundation ($5,000.00) and the F.R. Bigelow Foundation ($9,000.00) for the Division of Parks and Recreation to develop a ten -year strategic plan. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 4 of 10 28. Resolution - 03 -82 - Amending the budget of the Division of Parks and Recreation North Lexington Pedestrian /Bicycle Tunnel project in the amount of $90,000.00 for a grant received from the Minnesota DNR to aid in the construction. 29. Resolution - 03 -83 - Approving the list of eligible organizations to the Charitable Gambling 10% Club for 2003. 30. Resolution - 03 -84 - Approving payment in the amount of $8,559.13 to Daniel and Emily Harvey in full settlement of their claim against the City of Saint Paul. 31. Resolution - 03 -85 - Approving payment in the amount of $10,000.00 to Kou Thao and his wife, Zang Yang, in full settlement of their claim against the City of Saint Paul. 32. Resolution - 03 -86 - Approving payment in the amount of $12,774.62 to State Farm Insurance Company, as subrogee of Althea Toliver, in full settlement of their claim against the City of Saint Paul. 33. Resolution - 03 -87 - Approving payment in the amount of $12,000.00 to Althea Toliver and her attorney Daniel M. Lieber in full settlement of their claim against the City of Saint Paul. 34. Resolution - 03 -88 - Approving the Findings of Fact, Conclusions of Law and Recommendation of the Administrative Law Judge by renewing the Currency Exchange License application submitted by Team Management, Inc., dba Community Financial Center, 259 University Avenue West. (Public hearing held by the City Council on November 22, 2002) 35. Resolution - 03 -89 - Concerning adverse action against the Tree Trimmer and Vehicle License held by Thomas Walsh, dba Expert Tree and Landscaping. 36. Resolution - 03 -90 - Concerning adverse action against the Taxicab Driver License application submitted by Perry York. 37. Resolution - 03 -91 - Waiving the 45 -day notice requirement for issuance of on -sale liquor and Sunday on -sale liquor licenses for Dakota Cooks, LLC, dba Dakota, 1021 Bandana Boulevard. 38. Resolution - 03 -92 - Holding Dean's Tavern harmless for St. Paul's use of Dean's Tavern, 1986 Rice Street, Maplewood, as the host site and tournament headquarters for the 2003 Winter Carnival Softball on Ice Tournament. 39. Resolution - 03 -93 - Approving authorization of the City's share of contribution that would have been paid to PERA on behalf of the Library Director be paid to the City's deferred compensation fund instead on a quarterly basis. 40. Preliminary Order - 03 -94 - In the matter of improving Barclay Street from Case Avenue north to the railroad right -of -way with new asphalt and all other work necessary to complete said improvements as part of the Barclay Street Paving project, and setting date of public hearing for March 26, 2003. (File No. 18977) 41. Preliminary Order - 03 -95 - In the matter of improving the alley in St. Clair and Short Line Addition, Plat 2, Block 4 by grading and paving with bituminous material (bounded by Osceola (vacated), Fairmount, Railroad and Dunlap), and setting date of public hearing for March 26, 2003. (File No. 18975) file: //C:ADOCUME- 1\LFSUPP- 1\LOCALS -1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 5 of 10 42. Preliminary Order - 03 -96 - In the matter of condemning and taking easements in the land necessary for slopes cuts and fills, etc. occasioned by excavations thereof or construction of slopes in the grading and paving of an alley in St. Clair and Short Line Addition, Plat 2, Block 4 (bounded by Osceola (vacated), Fairmount, Railroad and Dunlap), and setting date of public hearing for March 26, 2003. (File No. 18975S) 43. Resolution Approving Assessment - 03 -97 - In the matter of the assessment of benefits, cost and expenses for the improvement of Sibley Street, from Warner Road to Fifth Street, with concrete curb, new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree planting, an irrigation system, sewer service connections and reconnections, and reconstruction of globe lighting systems, and setting date of public hearing for March 26, 2003. 44. Resolution Approving Assessment - 03 -98 - In the matter of the assessment of benefits, cost and expenses for towing abandoned vehicles from private property for parts of May, June, July, and August of 2002 (J0205V); boarding up vacant buildings for December 2002 (J0208B); and summary abatements (property clean -up) for part of July 2002 to part of December 2002, and setting date of public hearing for March 5, 2003. FOR DISCUSSION 45. Resolution - 03 -44 - Amending Council File 02 -1037 regarding 706 Charles Avenue in order to grant the owner, Josala Landvick, additional time to complete rehabilitation of the property. (Laid over from January 22) 46. Administrative Order: 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. (Laid over from January 22) 47. Consider the appeal of Wally Nelson to a decision of the Board of Zoning Appeals denying three variances in order to split a lot and construct a new single family dwelling at 1036 Desoto Street. (Laid over from January 22) 48. Report from the Office of License, Inspections and Environmental Protection regarding their inspection policies and controls. (Report requested by the Council on January 2; laid over from January 22) 49. Report from the City Attorney's Office on the constitutional issues relative to robot /photo cop. (Report requested by the City Council on January 15) ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED B Y 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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 6 of 10 50. Final Adoption - 03 -22 - An ordinance prohibiting deer feeding within the City. 51. Second Reading - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining to Disorderly Houses. 52. First Reading - 03 -99 - An ordinance establishing the minimum qualifications for the vacancy for the position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. 53. First Reading - 03 -100 - An ordinance estblishing an Examining Committee for the position of Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. 54. First Reading - 03 -101 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code approving the rezoning of 1825 Suburban Avenue from B -2 (Community Business) to B -3 (General Business) to allow a fast food restaurant with a drive through lane. (Public hearing held on January 8, 2003) 55. First Reading - 03 -102 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code deleting certain licenses no longer enforced by the City of Saint Paul and reflecting new license fees for tanning parlors, massage centers, therapeutic massage practitioners, sidewalk cafes, animal permits, dog licenses and boarding fees. 56. First Reading - 03 -103 - An ordinance amending Chapter 127 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with designations to the fee schedule contained in Section 310.18. 57. First Reading - 03 -104 - An ordinance amending Chapter 320 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 58. First Reading - 03 -105 - An ordinance amending Chapter 326 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 59. First Reading - 03 -106 - An ordinance amending Chapter 332 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee scheduled contained in Section 310.18. 60. First Reading - 03 -107 - An ordinance amending Chapter 333 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 61. First Reading - 03 -108 - An ordinance amending Chapter 334 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 62. First Reading - 03 -109 - An ordinance amending Chapter 338 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 7 of 10 63. First Reading - 03 -110 - An ordinance amending Chapter 340 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 64. First Reading - 03 -111 - An ordinance amending Chapter 342 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 65. First Reading - 03 -112 - An ordinance amending Chapter 350 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 66. First Reading - 03 -113 - An ordinance amending Chapter 351 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 67. First Reading - 03 -114 - An ordinance amending Chapter 352 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 68. First Reading - 03 -115 - An ordinance amending Chapter 356 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 69. First Reading - 03 -116 - An ordinance amending Chapter 361 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 70. First Reading - 03 -117 - An ordinance amending Chapter 365 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 71. First Reading - 03 -118 - An ordinance amending Chapter 368 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 72. First Reading - 03 -119 - An ordinance amending Chapter 369 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 73. First Reading - 03 -120 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 74. First Reading - 03 -121 - An ordinance amending Chapter 371 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 75. First Reading - 03 -122 - An ordinance amending Chapter 372 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 8 of 10 schedule contained in Section 310.18. 76. First Reading - 03 -123 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 77. First Reading - 03 -124 - An ordinance amending Chapter 391 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 78. First Reading - 03 -125 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 79. First Reading - 03 -126 - An ordinance amending Chapter 406 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 80. First Reading - 03 -127 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 81. First Reading - 03 -128 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 82. First Reading - 03 -129 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 83. First Reading - 03 -130 - An ordinance amending Chapter 413 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. 84. First Reading - 03 -131 - An ordinance amending Chapter 416 of the Saint Paul Legislative Code removing the specific fee from the ordinance section and replacing it with a designation to the fee schedule contained in Section 310.18. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 85. Third Reading 03 -33 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to increase the fees charged for various permits. 86. Resolution - 03 -132 - Concerning adverse action against the licenses held by A & S Holdings, Inc., dba Speedy Food Stop, 968 Dale Street North. 87. Resolution - 03 -133 - Ordering the owner to remove or repair the building at 2285 Benson Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the February 11, 2003, Legislative Hearing and the February 26, 2003, City Council Meeting.) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 9 of 10 88. Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the February 11, 2003, Legislative Hearing and to the February 26, 2003, City Council Meeting) 89. Resolution - 03 -135 - Approving the Housing Development and Redevelopment Plan, the establishment of the Bridgecreek Senior Place Tax Increment Financing District and approving a tax increment financing plan therefor. 90. Resolution - 03 -56 - Approving the petition of the City of Saint Paul to vacate Norpac Road and dispose of the City's interest of excess property to be used for the Troutbrook Project at the Trillium Site. (Laid over from January 22 for continuation of public hearing) 91. Resolution - 03 -136 - Granting Trigen Clinergy Solutions of Saint Paul, LLC, a sound level variance from the sound level limitations for the completion of cleaning of piping from boiler to steam turbine at the Saint Paul Cogeneration Facility, 76 West Kellogg Blvd. for five consecutive 24 -hour time periods between February 14 and April 14, 2003. 92. Public hearing to consider the appeal of Nicollet Restoration to a decision of the Planning Commission to revoke a River Corridor Conditional Use Permit to allow four single boat docks and one group dock, with provision for propane gas and electricity for boats using the dock, at 436 Shepard Road. (Laid over from January 8) 93. Public hearing to consider the appeal of the Merriam Park Community Council to a decision of the Saint Paul Planning Commission denying the appeal of a sign permit issued by the Office of Licensing, Inspections and Environmental Protection (LISP) to replace an existing billboard sign face and trim with a new sign face and trim and also to replace the horizontal wood stringers for the east face at 1926 University Avenue West (between Prior and Lynnhurst). 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— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010 Page 10 of 10 file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_135431\Agenda 2 -5... 12/15/2010