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Minutes 8-13-2003Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 13, 2003 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651- 266 -8565 Vicki Sheffer - 651- 266 -8673 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Suspension Items Present - 5 - Blakey, Coleman, Harris, Lantry, Reiter Absent - 2 - Benanav, Bostrom (excused) CONSENT AGENDA (Items I -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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Robert DeFlorin, Jami Knoblauch, Cynthia Niezgaski, Jose Solis, Toufong Vang, Lori Wenzel, and Xcel Energy. Referred to the Risk Management Division 2. Petition and Notice of Hearing in Condemnation and Motion for Transfer of Title and Possession in the matter of the Port Authority of the City of Saint Paul v. Richard A. Wybierala, et al. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010 Page 2 of 6 Referred to the City Attorney's Office 3. Letters from the Citizens Service Office /Division of Property Code Enforcement declaring 487 Bay Street and 573 Edmund Avenue as nuisance properties and setting date of Legislative Hearings for August 12, 2003 and City Council Hearings for August 27, 2003. 4. Letter from the Office of the City Attorney announcing the rescheduling of a hearing before an Administrative Law Judge from May 22, 2003 and June 18, 2003, to September 9, 2003 at 9:30 a.m., Room 41, Saint Paul City Hall, 15 W. Kellogg Blvd, concerning the application for Massage Practitioner and Massage Center (A) licenses by Eric Weisman dba Eric Weisman & Assoc. PA at 287 6th Street East. 5. Administrative Orders: D002320 Approving transfer of spending authority with the Public Works Street Repair and Cleaning Fund to adjust the ability to track costs by assessment type and reflect the spending budget for various purchases made during the year. D002321 Authorizing a one -year extension of Lease Agreement NHPI /O1 for 5,339 square feet of office space for the Office of Neighborhood Housing and Property Improvement. Noted as on file in the City Clerk's Office FOR ACTION 6. Approval of minutes of June 11, 18, & 25, and July 2, 9, & 16, 2003. Adopted Yeas - 5 Nays - 0 7. Resolution - 03 -702 - Approving the Memorandum of Understanding between the City of Saint Paul and AFSCME Local 3757 - Legal to modify Articles 2.6 and 13.5 of the 2003 -2004 Collective Bargaining Agreement. (Laid over from August 6 for adoption) Adopted Yeas - 5 Nays - 0 8. Resolution - 03 -703 - Approving the Collective Bargaining Agreement between the City of Saint Paul and the International Union of Elevator Constructors Local 9 from July 1, 2003 to December 31, 2004. (Laid over from August 6 for adoption) Adopted Yeas - 5 Nays - 0 9. Resolution - 03 -704 - Approving the Memorandum of Agreement between the City of Saint Paul and Independent School District 4625 and Operative Plasterers Local Union 265. (Laid over from August 6 for adoption) Adopted Yeas - 5 Nays - 0 10. Resolution - 03 -737 - Approving the Memorandum of Agreement between the City of Saint Paul and the Sheet Metal Workers International Association Local 10 for the 2003 Wage and Fringe Adjustment. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010 Page 3 of 6 (To be laid over one week for adoption) 11. Resolution - 03 -738 - Approving a Joint Powers Agreement with Local Governments within Ramsey County to provide collaborative purchasing, contract and analysis services by the City of Saint Paul. Adopted Yeas - 5 Nays - 0 12. Resolution - 03 -739 - Adopting Chapter 63, Laws of Minnesota 2003, changing the name "Civic Center Authority" to "RiverCentre Authority," changing terms of office of Authority members who are members of the Saint Paul City Council from 2 years to 4 years, amending Original enabling law to enable the Authority to accept and expend gifts from non - profit corporations for such purposes as developing a Roy Wilkins Tribute Exhibit, and changing the Authority annual budget submission deadline. Adopted Yeas - 5 Nays - 0 13. Resolution - 03 -740 - Authorizing the Police Department to enter into a joint powers agreement with the State of Minnesota for Permit to Carry certification training courses. Adopted Yeas - 5 Nays - 0 14. Resolution - 03 -741 - Approving the waiver of the 45 day notice requirement for issuance of on -sale liquor and Sunday on -sale liquor licenses for Dahouse, LLC, d /b /a Mike's Bar, 326 Grove Street. Adopted Yeas - 5 Nays - 0 15. Resolution - 03 -742 - Approving the application, with conditions, for Wine On Sale, Malt On Sale Strong, Restaurant B, Entertainment B, Catering Add -On and Food Vehicle Licenses by Billy Neng Yang, Suratwadee Tepsuta, and Leon Chang (co- owners), dba Asian Cuisine, 945 Rice Street. Adopted Yeas - 5 Nays - 0 16. Preliminary Order - 03 -743 - In the matter of the operating costs for the Above Standard Street lighting Systems (3 & 5 globe) for 2004 for the west side of Wacouta Street from East 7th Street to East 8th Street; the south side of East 8th Street from Wacouta Street to Temperance Street; the north side of Temperance Street from East 8th Street to East 9th Street; the south side of East 9th Street from Sibley Street to Temperance Street; and the west side of Sibley Street from East 8th Street to East 9th Street to become part of the Lowertown Area, and setting date of public hearing for September 24, 2003. Adopted Yeas - 5 Nays - 0 17. Preliminary Order - 03 -744 - In the matter of the operating costs for the Above Standard Street lighting Systems (single globe) for the year 2004 for the south side of East Fourth Street from Minnesota Street to approximately 182 feet west of Minnesota Street, and the west side of Minnesota Street from East Fourth Street to approximately 150 feet south of East Fourth Street to be known as the Fourth/Minnesota Area, and setting date of public hearing for September 3, 2003. Adopted Yeas - 5 Nays - 0 18. Preliminary Order - 03 -745 - In the matter of the operating costs for the Above Standard Street file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010 Page 4 of 6 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 become part of the new Downtown Acorn Area, and setting date of public hearing for September 24, 2003. Adopted Yeas - 5 Nays - 0 19. Preliminary Order - 03 -746 - In the matter of acquiring permanent easements for right -of -way purposes and temporary construction easements for the construction of Phalen Boulevard between Arcade Street and Johnson Parkway, and setting date of public hearing for September 24, 2003. Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 20. Resolution - 03 -747- Adopting the Harriet Island /District Del Sol Final Concept Plan. (Public hearing held August 6 and laid over for consideration of amendments) Adopted Yeas - 5 Nays - 0 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 COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 21. Final Adoption - 03 -685 - An ordinance amending Chapter 9 of the Saint Paul Administrative Code to be in accordance with Chapter 12 of the Saint Paul City Charter regarding the Department of Fire and Safety Services (Public hearing held August 6, 2003). Adopted Yeas - 5 Nays - 0 22. Final Adoption - 03 -686 - An ordinance amending Chapter 55 of the Saint Paul Legislative Code adopting the new Minnesota State Fire Code with certain amendments to address omissions in the State's new fire code regarding overcrowding, fire watch and standards of care (Public hearing held August 6, 2003). Adopted Yeas - 5 Nays - 0 23. Final Adoption - 03 -687 - An ordinance amending Chapter 410 to permit sale of on -sale 3.2 malt liquor until 2:00 a.m. by those establishments which have obtained a permit from the state (Public hearing held August 6, 2003). Adopted Yeas - 5 Nays - 0 24. Second Reading - 03 -727 - An ordinance amending Chapter 91 of the Saint Paul Legislative Code to add a $15.00 administrative fee to delinquent water and sewer charges that are certified to the county auditor. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010 Page 5 of 6 Laid over to August 27 for third reading /public hearing 25. Second Reading - 03 -728 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code to avoid preemption of city competency card requirements for steamfitting and piping installation by clarifying the definitions of pressure involved. Laid over to August 27 for third reading /public hearing 26. Second Reading - 03 -729 - An ordinance finalizing City Council action approving the petition of David Goldsmith to rezone property from OS -1 (Office Service) to RT -1 (Two Family Residential) to allow for conversion of a building from commercial - office to residential at 124 East Page Street. (Public hearing held June 25, 2003) Laid over to August 27 for third reading 27. Second Reading - 03 -735 - An ordinance amending Council File 02 -116, 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. Laid over to August 27 for third reading /public hearing 28. First Reading - 03 -749 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint and the zoning maps thereof for Mendota Homes, Inc. to rezone property at 1071 Cleveland Avenue. (Public hearing held June 4, 2003) Laid over to August 20 for second reading Suspension Item: Resolution - 03 -749 - Requesting the Planning Commission Study and Report on Proposed Zoning Code Amendment Related to off -sale of "Growlers ". Adopted Yeas - 5 Nays - 0 Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at http: / /www. ci. stpaul. inn. 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. in., Saturdays at 12:30 p. in., 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. in., Sundays at 5:30 p. in., Mondays at 8: 00 a. m. 1: 30 p. in., and 5:30 p. in.; 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— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010 Page 6 of 6 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122523\Minutes 8 -... 12/15/2010