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Agenda 3-5-2003Page 1 of 9 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, March 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 -32) 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 Cory Chenevert, Douglas Fink Law Offices (for client Mae /Terrell Adams), Paul Jones, Northern States Power, dba Xcel Energy (date of incident: 8/27/02), Thomas B. Schway Law Office (for client Christopher Byrne), Michael and Carmelita Walker, Karin Winegar /Peter Moore, and Christopher Zumberge. 2. Summons and Complaint in the matter of Josala Landvick vs. the City of Saint Paul, et al. 3. Notice of Filing of Deposit for Parcel 1 and Affidavit of Marc Manderscheid regarding Deposit for Parcel 1 (Briggs and Morgan) in the matter of the Saint Paul Housing and Redevelopment Authority vs. BMMS, LLC, et al. regarding the condemnation of real property for the Hillcrest Village Redevelopment project. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 2 of 9 4. Notice of Filing Order and Order of Dismissal (Briggs and Morgan) in the matter of the Saint Paul Port Authority vs. Baillon Company, City of Saint Paul, et al. regarding the condemnation of certain real property located in the City of Saint Paul for the RiverCentre Pedestrian link. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 26, 2003, to consider the appeal of Donald Martin to a decision of the Board of Zoning Appeals denying a variance of the allowable height for an accessory structure in order to legalize an existing garage at 957 Beech Street. 6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1269 Coach Road as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 7. Letter from the Real Estate Division announcing a public hearing before the City Council on March 26, 2003, to consider deleting Roblyn Avenue from Dewey Street to Fairview Avenue due to property owners petitioning to remove Roblyn Avenue from the Wheeler /Iglehart RSVP Paving and Lighting Proj ect. FOR ACTION 8. Resolution - 03 -185 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and Tri- Council Local 120, Local 49 and Local 132. (Laid over from February 26 for adoption). 9. Resolution - 03 -186 - Approving the 2003 -2004 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (Laid over from February 26 for adoption). 10. Resolution - 03 -187 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization. (Laid over from February 26 for adoption). 11. Resolution - 03 -188 - Approving the January 1, 2003 through December 31, 2004, Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757 - Legal. (Laid over from February 26 for adoption). 12. Resolution - 03 -213 - Directing the Fire Chief Examining Committee to begin meeting and allowing the position to be posted using minimum qualifications. 13. Resolution - 03 -214 - Allowing establishments along the St. Patrick's Day parade route to sell beer and intoxicating liquor in other than plastic or paper containers after 3:00 p.m. on March 17, 2003, providing that they have persons posted at each entrance and exit until closing time. 14. Resolution - 03 -215 - Entering into an agreement with the Capitol City Partnership to conduct the Taste of Minnesota in 2003 and 2004 at Harriet Island Regional Park and at other downtown and riverfront facilities. 15. Resolution - 03 -216 - Approving organizations to the 10% Club list of eligible recipients for 2003. 16. Resolution - 03 -217 - Approving the application, with conditions, for a Second Hand Dealer -Motor file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 3 of 9 Vehicle license by Joshua Xiong and Pao Yang, dba Mid - Snelling Auto Sales, 591 Snelling Avenue North. 17. Resolution - 03 -218 - Authorizing a refund of $220.00 to the property owner at 775 Aldine Street for being assessed the wrong assessable frontage. 18. Resolution - 03 -219 - Accepting a sidewalk easement from Chestnut Housing, LP within the Upper Landing Housing Project area in order to maintain appropriate right -of -way widths. 19. Resolution - 03 -220 - Concerning adverse action against the City Contractor/ Exterior Finishing license held by John Nedoroscik, dba Nedoroscik Exteriors. 20. Resolution - 03 -221 - Concerning adverse action against the House Sewer Contractor's license held by Ken Bottila, dba Don Zappa & Son Excavating, Inc. 21. Resolution - 03 -222 - Concerning adverse action against the Taxicab Driver Renewal license application submitted by Anthony Tworoski. 22. Resolution - 03 -223 - Concerning adverse action against the Taxicab Driver license application submitted by Charles Brown. 23. Resolution - 03 -224 - Concerning adverse action against the Taxicab Driver license application submitted by Nicholas Van Kampen. 24. Resolution - 03 -225 - Establishing a 2003 financing and spending plan for Saint Paul Police Department services provided to the Public Housing Agency (PHA) of Saint Paul and authorizing the City of Saint Paul to enter into an agreement with PHA. 25. Resolution - 03 -226 - Accepting a Juvenile Accountability Incentive Block Grant from the Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to enter into and implement an agreement with the Minnesota Department of Economic Security. 26. Resolution - 03 -227 - Accepting a street easement from North East Neighborhoods Development Corporation (NENDC) for property located at 1199 White Bear Avenue (southwest corner of White Bear Avenue and Maryland Avenue). 27. Resolution - 03 -228 - Amending Council File No. 02 -1127 by adding support for Senate File No. 36 relating to ethanol producer payments. 28. Resolution - 03 -229 - Amending and closing out a variety of Parks and Recreation Capital Project budgets and transferring the remaining balance to the Como Park Trail Tunnel project. 29. Resolution - 03 -230 - Adopting the findings of fact related to the demolition of buildings located in proposed future Westminster Junction Business Center Tax Increment Financing District. 30. Preliminary Order - 03 -231 - In the matter of improving Selby Avenue from Kent Street to Avon Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and setting date of public hearing for April 2, 2003. (File Nos. 18981 and 18981 C) file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 4 of 9 31. Preliminary Order - 03 -232 - In the matter of constructing a pedestrian and bicycle trail which will link the existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via Fourth and Prince Streets, and doing all other work necessary to complete said improvements including acquiring the necessary right -of -way and easements, and setting date of public hearing for March 26, 2003. (File No. AE2002 -05) 32. Resolution Approving Assessment - 03 -233 - In the matter of approving the assessment of benefits, costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street), and setting date of public hearing for April 23, 2003. (File No. 18945) FOR DISCUSSION 33. Resolution - 03 -64 - Approving the appointment of Karen Johnson, by Mayor Kelly, as Director of Technology and Management Services effective January 6, 2003. (Laid over from February 5) 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. 34. Final Adoption - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining to Disorderly Houses. 35. Final Adoption - 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. 36. Final Adoption - 03 -100 - An ordinance establishing an Examining Committee for the position of Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. 37. Final Adoption - 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. 38. Final Adoption - 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. 39. Final Adoption - 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. 40. Final Adoption - 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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 5 of 9 41 Final Adoption - 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. 42. Final Adoption - 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. 43. Final Adoption - 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. 44. Final Adoption - 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. 45. Final Adoption - 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. 46. Final Adoption - 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. 47. Final Adoption - 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. 48. Final Adoption - 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. 49. Final Adoption - 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. 50. Final Adoption - 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. 51. Final Adoption - 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. 52. Final Adoption - 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. 53. Final Adoption - 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. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 6 of 9 54. Final Adoption - 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. 55. Final Adoption - 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. 56. Final Adoption - 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. 57. Final Adoption - 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 schedule contained in Section 310.18. 58. Final Adoption - 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. 59. Final Adoption - 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. 60. Final Adoption - 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. 61. Final Adoption - 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. 62. Final Adoption - 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. 63. Final Adoption - 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. 64. Final Adoption - 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. 65. Final Adoption - 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. 66. Final Adoption - 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. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 7 of 9 67. Final Adoption - 03 -138 - An amending ordinance to Council File No. 01 -648, adopted July 18, 2001, which established an interim ordinance of limited duration regulating land use and official controls in the area of the City commonly known as the Arcade Street area. 68. Final Adoption - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26, 2002, which established an interim ordinance of limited duration regulating land use and official controls in the area of the City commonly known as the Sunray Area. 69. Final Adoption - 03 -159 - An ordinance finalizing City Council action granting 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. (Public hearing held November 6, 2002) 70. Final Adoption - 03 -160 - An ordinance finalizing City Council action granting the application of Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1 (Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this location. (Public hearing held December 4, 2002) 71. Final Adoption - 03 -161 - An ordinance finalizing City Council action approving 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 townhouse structures (8 units total) at the southeast corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002) 72. First Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning map, in off - street parking standards, and hillside design standards. 73. First Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to citywide zoning regulations for development on steep slopes. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 74. Resolution - 03 -236 - Expanding Area 12 by establishing No Parking 8:00 a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to Noon Saturday, except holidays, except by permit on both sides of Kenneth Street from Palace Avenue to alley 130 feet south. 75. Resolution - 03 -237 - Ordering the owner to remove or repair the building at 1107 Bush Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) 76. Resolution Ratifying Assessment - 03 -238 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean up) for properties located at 774 Central Avenue, 430 Edmund Avenue, 837 Fourth Street, East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA); demolition of building located at 1000 Reaney Avenue (J0204CC); and boarding -up of vacant building located at 567 Stryker Avenue (J0207BB). (Laid over from February 26) (Legislative Hearing Officer recommends the following: 271 Maria Avenue (J0207AAA) - approval of the assessment 1000 Reaney Avenue (J0204CC - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 8 of 9 567 Stryker Avenue (J0207BB) - approval of the assessment 430 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five - year period 837 Fourth Street East (J0207AAA )_ - laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting 550 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five - year period 774 Central Avenue West (J0207AAA _ approval of the assessment) 77. Resolution Ratifying Assessment - 03 -239 - 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. (Legislative Hearing Officer recommends the following: 670 Palace Avenue (J0207Al) - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 236 Arlington Avenue West (J0207A1) - approval of the assessment 2021 California Avenue East (J0207A1) - approval of the assessment 972 Dayton Avenue (J0205V - laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City Council Meeting 1817 Dayton Avenue (J0207A1) - approval of the assessment 691 Edmund Avenue (J0205V) - approval of the assessment 123 Geranium Avenue East (J0205V) - approval of the assessment 1264 Marshall Avenue (J0207Al) - approval of the assessment 679 Maryland Avenue East (J0207AI) - approval of the assessment 1774 Norfolk Avenue (J0207A1) - deleting the assessment 645 Oakdale Avenue (J0207Al) - approval of the assessment 892 Wilder Street South (J0207Al) - reducing the assessment by $100.00 from $400.50 to $255.50 plus the $45.00 administrative fee for a total assessment of $300.50. 712 Hawthorne Avenue East (J0207AI) - laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 289 Fifth Street East (J0208B) - deleting the assessment 1364 Marion Street (J0205V) - deleting the assessment 774 Central Avenue West (J0205V) - approval of the assessment) 78. Appeal of James Bigelow, Sr. to a summary abatement order dated January 27, 2003, for property at 707 Maryland Avenue East. (Legislative Hearing Officer recommends denying the appeal) 79. Appeal of Mark Meysembourg to a notice of condemnation dated February 3, 2003, for property at 970 Euclid Street. (Legislative Hearing Officer recommends denying the appeal) 80. Resolution Ratifying Assessment - 03 -240 - In the matter of the assessment of benefits, cost and expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern style lighting system, and all other work necessary to complete said improvements on Sixth Street between Mounds Boulevard to Maria Avenue. (File No. 18970) 81. Public hearing to consider the application of Speedway Super America, LLC to rezone property from R -4 (Single - Family Residential) to B -3 (General Business) for expansion and rebuilding of an auto convenience market at 1173, 1177 and 1183 Arkwright Street (between Maryland Avenue and Rose Avenue). file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_144743\Agenda 3 -5... 12/15/2010 Page 9 of 9 82. Public hearing to consider a revision and adoption of Flood Plain Ordinance and Flood Plain Zoning Map for all property in the City of Saint Paul located within the flood plain. 83. Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License, Inspections and Environmental Protection and denying the request of two district councils to revoke the repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White Bear Avenue (SE corner of Larpenteur Avenue). 84. Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License, Inspections and Environmental Protection and denying the request of two district councils to revoke the repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand Avenue (SE corner of Syndicate Street). 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_144743\Agenda 3 -5... 12/15/2010