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Minutes 4-14-2004Page 1 of 5 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 14, 2004 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651- 266 -8565 Office of the City Council Present - 5 - Benanav, Bostrom, Helgen, Lantry, Thune Absent - 2 - Harris (arrived after the consent agenda), Montgomery (arrived after roll call) Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances CONSENT AGENDA (Items I - 20) 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 Frank Arellono, Eddie Black, Erika Motsick, and Immanuel Roesler. Referred to the Risk Management Division 2. Petition in Condemnation and Motion for Transfer of Title and Possession, etc. in the matter of the City of Saint Paul v. Robert M. Levine, et al. (Re: Acquiring permanent easements for right -of -way purposes and temporary construction easements to improve White Bear Avenue from Hoyt Avenue to Larpenteur Avenue) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170608\Minutes 4 -... 12/15/2010 Page 2 of 5 Referred to the City Attorney's Office 3. Letter from the Real Estate Division announcing a public hearing before the City Council on April 28, 2004, to consider the petition of Richard Adams to vacate Jessamine Avenue East from Hazel Street to the west, to the west property line of the Chicago, St Paul, Minneapolis and Omaha Railroad for the purpose of greenspace. (File No. 22 -2003) 4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 28, 2004, to consider the petition of Ken Lang to vacate the alley between Block 11 and Block 13 between the properties at 2050 and 2070 Oakridge Street for the purpose of greenspace. (File No. 18 -2003) 5. Letter from the Real Estate Division announcing a public hearing before the City Council on April 28, 2004 to consider the petition of the Housing and Redevelopment Authority to vacate the east half of the alley in the block bounded by University, Dale, Aurora and St. Albans in order to develop a new library and new housing. (File No. 04 -2004) 6. Letter from the Real Estate Division announcing a public hearing before the City Council on April 28, 2004, to consider the petition of Western State Bank, 663 University Avenue to vacate part of the alley to facilitate improvements to the banking facilities. (File No. 07 -2004) 7. Letters from the Division of Property Code Enforcement declaring 906 Duchess Street and 271 Maria Avenue as nuisance properties, and setting date of Legislative Hearings for April 27, 2004 and City Council Hearings for May 5, 2004. 8. Administrative Orders: D002387 Transferring budget authority to provide sufficient funding at the budgetary control level of the Parks and Recreation Street Tree Maintenance Special Revenue Fund 375. D002388 Authorizing a one -year lease agreement providing streetfront presence and parking for the Police Department at 1167 -1169 Rice Street. D002389 Extending the contract completion date from May 30, 2003, to November 28, 2003 for 2002 Major Sewer Repair as additional work was added to the project. D002390 Transferring budget authority to provide sufficient funding at the budgetary control level of the Parks and Recreation Grant/Aids Special Revenue Fund 860. D002391 Amending the 2003 General Fund Budget within Technology and Management Services to cover year -end variances. Noted as on file in the City Clerk's Office FOR ACTION 9. Resolution - 04 -403 - Approving the appointment of Sonja Flaming, by Mayor Kelly, as Assistant to the Mayor. Adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170608\Minutes 4 -... 12/15/2010 Page 3 of 5 10. Resolution - 04 -404 - Approving the appointments, by Mayor Kelly, of Marilyn Porter and Yung - Kang Lu and the reappointments of Stephen Gordon, George Johnson, Soliving Kong, Timothy Mardell, Matthew Mejia, and Gladys Morton to the Planning Commission. Adopted Yeas - 6 Nays - 0 11. Resolution - 04 -405 - Approving the appointments of David Bill Fritts, Nancy Hendrickson, David MacKenzie, and Allan Zolin, by Mayor Kelly, to the Workforce Investment Board. Amended and laid over to April 28 Yeas - 7 Nays - 0 12. Resolution - 04 -406 - Approving the reappointment of Mark Quayle (alternate), by Mayor Kelly, to the Civil Service Commission. Adopted Yeas - 6 Nays - 0 13. Resolution - 04 -407 - Accepting the donation of a Cushman Titan transport vehicle from the Como Zoo and Conservatory Society for staff use within the Como Campus. Adopted Yeas - 6 Nays - 0 14. Resolution - 04 -408 - Approving payment in the amount of $26,000.00 to James Fee and Bonner & Borhart, LLP in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 15. Resolution - 04 -409 - Approving a pilot project titled "Competency Modeling Project" and letters of agreement. Adopted Yeas - 6 Nays - 0 16. Resolution - 04 -410 - Changing the rate of pay for the classified Public Service Manager - Water Utility title for Saint Paul Regional Water Services from Grade 17 to Grade 20 of the Saint Paul Supervisors Organization, Bargaining Unit 09, Salary Schedule. Adopted Yeas - 6 Nays - 0 17. Resolution - 04 -411 - Approving the application, per the Legislative Hearing Officer, for Auto Body Repair /Painting Shop, Auto Repair Garage, and Second Hand Dealer -Motor Vehicle Licenses by Richard M. Pellow, Twin Cities Wrecker Sales, Inc. d /b /a Twin Cities Salvage Pool, 1301 Jackson Street. Adopted Yeas - 6 Nays - 0 18. Resolution - 04 -412 - Approving the application with conditions, per the Legislative Hearing Officer, for a Tattoo Parlor License by Joann Sparstad, d/b /a Adorn, 647 Ashland Avenue. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170608\Minutes 4 -... 12/15/2010 Page 4 of 5 Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 04 -413 - In the matter of the assessment of benefits, cost and expenses for boarding -up vacant buildings during December 2003 at 1114 7th Street East, and setting date of Legislative Hearing for May 11, 2004 and City Council Hearing for May 26, 2004. (File No. J0307BA) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 04 -414 - In the matter of the assessment of benefits, cost and expenses for construction of a sanitary sewer and service connections in Atlantic Street from approximately 700 feet north of East 7th Street to approximately 913 feet north of East 7th Street, and setting date of public hearing for May 26, 2004. (File No. 18965) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 21. Resolution - 04 -81 - Ordering the owner to remove or repair the building(s) at 501 Kent Street within fifteen (15) days from adoption of resolution. (Monthly progress reports were requested by Council on February 11. (Laid over from March 10) Adopted as amended (90 days granted to complete rehabilitation) Yeas - 7 Nays - 0 22. Resolution - 04 -283 - Resolving that the City of Saint Paul will not relocate any city offices which currently reside in the downtown business district to any office space outside the downtown district. (Laid over from April 7) Withdrawn Yeas - 7 Nays - 0 23. Resolution - 04 -362 - Reallocating $100,000 from completed or canceled Neighborhood STAR projects' excess balances to the Indoor Farmers' Market Project and increasing the Indoor Farmers' Market capital project budget for $900,000 in private donations. (Laid over from April 7) Adopted Yeas - 7 Nays - 0 24. Resolution - 04 -415 - Declaring April 21, 2004, Como Zoo and Conservatory Day. AdoptedYeas - 7Nays - 0 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 DAYSAFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER. 25. Final Adoption - 04 -289- An ordinance amending Chapter 33 of the Saint Paul Legislative Code fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_170608\Minutes 4 -... 12/15/2010 Page 5 of 5 concerning Building Code and Inspection to prohibit the installation or use of barbed wire fencing abutting residentially zoned property or property that is used for residential purposes. (Amended and laid over from April 7) Adopted Yeas - 7 Nays - 0 26. Second Reading - 04 -396 - An ordinance preserving the status quo with respect to the use of property in the West 7th - Randolph - A.D.M. area. Amended and laid over to April 28 for third reading /public hearing Suspension Item Resolution - 04 -416 - Waiving the 45 -day notice requirement for On -Sale Strong Malt and On -Sale wine licenses to be issued to El Burrito Market, Inc., 175 Concord Street. Adopted Yeas - 7 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.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. 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_170608\Minutes 4 -... 12/15/2010