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Approved Minutes 9-3-2003Page 1 of 12 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 3, 2003 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Web Index • Consent Agenda • Communications and Administrative Orders • For Action • Suspension Items • For Discussion • Ordinances • Public Hearings The meeting was called to order at 3:47 p.m. by Council President Bostrom. Present - 4 - Benanav, Blakey, Bostrom, Lantry Absent - 3 - Reiter (excused), Coleman, Harris (arrived after the consent agenda) CONSENT AGENDA (Items 1 - 27) 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. Councilmember Blakey requested Item 12 be removed for discussion. Councilmember Benanav requested Items 19 and 25 be removed for discussion. Councilmember Blakey moved approval of the consent agenda as amended. Adopted as amended Yeas - 4 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Richard Hollman, and Timothy Smith. Referred to the Risk Management Division 2. Summons and Complaint in the matter of the St. Paul Police Federation and Denielle Schmidt v. the City of Saint Paul, et al. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 2 of 12 Referred to the City Attorney's Office 3. Petition in Condemnation and Motion for Transfer of Title and Possession and Notice of Hearing on Petition and Condemnation and Motion for Transfer of Title and Possession in the matter of the HRA v. Mahmood Hassan, et al. (719 Burr Street) Referred to the City Attorney's Office 4. Letter from the Real Estate Division announcing a public hearing before the City Council on September 24, 2003 to consider the petition of Darcy and Ann Tinnes to vacate part of the alley in Block 21, Lane's Highland Park, to facilitate construction of a garage. 5. Administrative Orders: D002324 Amending the 2003 budget in the Department of Planning and Economic Development to reflect the allocation of STAR funds awarded through the Neighborhood Investment Initiative Program. D002325 Transferring spending authority between line items in the Public Works Engineering Fund for 2003. D002326 Authorizing the Police Department to remit payment for travel for the Chair of the Police - Civilian Internal affairs Review Commission (a non -city employee) to attend the "National Association of Civilian Oversight of Law Enforcement" annual conference in Los Angeles from September 21 -24, 2003. Noted as on file in the City Clerk's Office FOR ACTION 6. Approval of minutes of August 20, 2003. Adopted Yeas - 4 Nays - 0 7. Resolution - 03 -794 - Approving the reappointments of Mary Brunkow, Michael Chanaka, Douglas Hubbard, Greg Lambert, Howard Orenstein, Shelley Rose, and Tene Wells, by Mayor Kelly, to the Workforce Investment Board. Adopted Yeas - 4 Nays - 0 8. Resolution - 03 -795 - Concerning adverse action against the taxicab driver license application submitted by Alonzo Crenshaw. Adopted Yeas - 4 Nays - 0 9. Resolution - 03 -796 - Accepting a donation in the amount of $1,413.00 from the Boys and Girls Club of the Twin Cities for a City of Saint Paul Police Department law enforcement representative to attend the 6th Annual Crime Prevention Conference in Washington, D.C., on October 11 -14, 2003. Adopted Yeas - 4 Nays - 0 10. Resolution - 03 -797 - Accepting a Strike Force grant from the State of Minnesota and authorizing the proper City officials to implement and enter into an agreement with the State of Minnesota for the period of July 1, 2003 through June 30, 2004. Adopted Yeas - 4 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 3 of 12 11. Resolution - 03 -798 - Authorizing a spending plan in the Division of Parks and Recreation for additional funding received in donations for the design and construction of a sign for the Two Rivers Scenic Overlook Project. Adopted Yeas - 4 Nays - 0 12. Resolution - 03 -799 - Discussed after the consent agenda. 13. Resolution - 03 -800 - Authorizing the proper City officials to accept and establish a finance and spending plan for two grants of $500,000 ($1 million total) from the Ramsey County Soccer Partners Program. Adopted Yeas - 4 Nays - 0 14. Resolution - 03 -801- Authorizing the addition of $100,000 STAR grant funding for the Como Education Resource Center. Adopted Yeas - 4 Nays - 0 15. Resolution - 03 -802 - Authorizing a spending plan for a Federal Recreation Trail Program Grant, administered by the MN Department of Natural Resources, for the repair /construction of 1,000 linear feet of trails in Swede Hollow Park. Adopted Yeas - 4 Nays - 0 16. Resolution - 03 -803 - Amending the 2002 Capital Projects Budget to increase spending authority of STAR funding in the amount of $600,000 for the Indoor Farmer's Market. Adopted Yeas - 4 Nays - 0 17. Resolution - 03 -804 - Amending the 2003 Capital Projects Budget to increase spending authority of STAR funding in future pledges in the amount $235,000 for the Outdoor Farmer's Market. Adopted Yeas - 4 Nays - 0 18. Resolution - 03 -805 - Memorializing City Council action taken July 23, 2003, denying the rezoning petition of Mike Kelly for property at 268 S. Cleveland Avenue. Adopted Yeas - 4 Nays - 0 19. Resolution - 03 -806 - Discussed after the consent agenda. 20. Resolution - 03 -807 - Amending the spending and financing plan of the Local Street, Sewer and Alley Improvement project in the Department of Public Works for the Livingston - Fairfield to Plato Proj ect. Adopted Yeas - 4 Nays - 0 21. Resolution - 03 -808 - Amending the spending and financing plan in the Department of Planning and Economic Development Public Works for the Highwood Sewer Project. Adopted Yeas - 4 Nays - 0 22. Resolution - 03 -809 - Amending the spending and financing plan of the 2002 Signal Installation Program in the Department of Public Works by adding $32,400 from the Minnesota Department of Transportation for the W. 7th Street (Trunk Highway 5) at Albion signal. Adopted Yeas - 4 Nays - 0 23. Resolution - 03 -810 - Amending the 2003 Capital Improvement Budget to reflect reduced 2003 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 4 of 12 Sidewalk Reconstruction Program financing and spending. Adopted Yeas - 4 Nays - 0 24. Resolution - 03 -811 - Amending CF 4 02 -233 to correct the legal description of vacated property at Wheeler Street, Munster and Graham Avenues. Adopted Yeas - 4 Nays - 0 25. Resolution - 03 -812 - Discussed after the consent agenda. 26. Resolution Approving Assessments - 03 -813 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during the months of May and June, 2003 and summary abatement (property clean -up) during the month of July, 2003, and setting date of public hearing for October 22, 2003. (File Nos. J0305A and J0306A). Adopted Yeas - 4 Nays - 0 27. Resolution Approving Assessments - 03 -814 - In the matter of the assessment of benefits, cost and expenses for demolition of vacant buildings during the months of May and July, 2003 (J0303C); providing weekly garbage hauling service for the second quarter of 2003 (J03TRASH2Q); boarding up vacant buildings during April, May and June, 2003 (J0304B); and towing abandoned vehicles from private property during the months of November and December, 2002 (J0302V), and setting date of public hearing for October 22, 2003. Adopted Yeas - 4 Nays - 0 (Coleman and Harris arrived) 12. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept a monument from the Hamm's Club, Inc. to be placed in Como Park. Councilmember Blakey said with regard to this issue, he felt the Council had to be very thoughtful since the monument would be on a public facility and there are no maintenance dollars going with it. Bob Bierscheid, Director, Division of Parks and Recreation, appeared and explained the process saying that the Hamm's Club approached Parks as well as the Parks and Recreation Commission about placing the monument in Como Park. The Parks Commission discussed it and reviewed it in the context of whether it had community -wide significance, that there be no cost to the City either to install it or maintain it and to insure that it was not offensive to put in the park. The Commission felt it did have significance to the residents of St. Paul as it's part of the City's history and many people could relate to it. Councilmember Benanav noted that the bear was associated with Hamm's beer and he has concerns with that correlation. He said he would like there to be a process or criteria as to how determinations such as this should be made. Mr. Bierscheid responded that the Commission spent considerable time discussing the issue of whether it might set a precedent for something else and they strongly felt it did not. They reviewed it in the context that the bear had a special part in St. Paul. Staff's review found that it was not in conflict with the Master Plan for Como Park. Kirt Schnitker, President of the Hamm's Club, appeared. The Hamm's Club is a group of people who collect Hamm's Beer memorabilia. Many in the club members are people who worked at the brewery or at distributors. The topic of planning something came up near the time of the bear's 50th birthday. The fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 5 of 12 bear was a large advertising icon and played a significant part in the city's history but is now a thing of the past and not presently associated with beer. The monument idea came up as a fun one and is not meant to be anything negative. They wanted to see it be placed in a high visibility area. Discussion ensued on the appropriateness of placing the bear in Como Park and Councilmember Lantry felt a better place would be at the former Hamm's site on the East Side. Councilmember Blakey moved to lay over two weeks. Laid over to September 17 Yeas - 6 Nays - 0 (The Division of Parks and Recreation was requested to make further recommendations to the Council for the placement of the monument) 19. Resolution - 03 -806 - Approving the transfer of MSA funds in the amount of $350,000 for the required final Environmental Impact Statement for Ayd Mill Road. Councilmember Benanav stated he would like a two -week layover and a report back from staff as to what will not get done as a result of the use of these funds. Councilmember Coleman responded that no decisions can be made on Ayd Mill Road until the Environmental Impact Statement is completed and he felt they should go forward with the resolution. Discussion ensued and Council President Bostrom suggested that a final resolved be added to the resolution requesting that the Department of Public Works provide a report at the September 17 Council meeting on the projects that may be eliminated or postponed due to using the $350,000 MSA funds for the Environmental Impact Statement and also identify the financing plan for the 2003 paving overlay for Ayd Mill Road. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 25. Resolution - 03 -812 - Ratifying the City Council's intent to acquire the Meritex Property by use of eminent domain, including "quick- take" proceedings, the financing for these proceedings, giving authority to acquire certain property from BNSF and to convey a portion of the same to Meritex to mitigate damages caused by taking Meritex's property, and if required by the MPCA, to remediate environmental conditions on the property acquired from BNSF. Councilmember Benanav noted that a letter was received on the Meritex issue on this date from the City Attorney on this date but he had not yet seen it. He questioned why the Council would be taking any action at this time since the matter is in litigation. Gerry Hendrickson, Assistant City Attorney, stated that there is outside counsel handling the Meritex matter and there has been discussions with them. Outside counsel has requested some information and there are some matters that are part of the project which he said he could not speak to the policy or purpose of them. It has been recommended to the City Attorney's Office that it is legal to do this and it would be helpful to the case to do this Peter White, Real Estate Division, appeared and said there is a continuance of the court proceedings to September 19 which would allow for this matter to be laid over by Council. Councilmember Benanav questioned if the matter could be discussed in a closed door session. Mr. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 6 of 12 Hendrickson responded that litigation is pending to the extent that they are talking about litigation matters and strategies and a closed session could be held on that. Councilmember Lantry suggested that a closed door session be held. She feels there is a benefit to all Councilmembers to be able to have some of the issues that have been brought up in the various pieces of correspondence discussed in a closed session where questions can be asked Councilmember Lantry moved to lay over one week. Laid over to September 10 Yeas - 6 Nays - 0 (The Council scheduled a closed door session on September 10 at 1:00 p.m. on this issue) FOR DISCUSSION 28. Report from the Office of License, Inspections and Environmental Protection (LIEP)on the effectiveness of Ordinance 03 -440, adopted June 4, 2003, imposing administrative penalties for dogs which repeatedly run at large, to provide a method for destruction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or spayed. (Report requested by the Council on June 4, 2003) Bill Stephenson, Office of LISP, distributed a written report. Comparisons were done for a five -week period in 2002 and 2003. As of September 2, only one dog was impounded more than once. The second time, the owner showed proof of sterilization and a reduced rate was given. Two dogs were impounded that were either left or surrendered to the Animal Control Center due to the amount of the fees. Both animals were transferred to an adoption agency. There have been occurrences of fees quoted over the phone and it's suspected that some of these may have resulted in animals going unclaimed. Since the revisions and the effective date of July 23, 2003, the number of canines impounded declined. There were 72 less dogs impounded for the five week comparison. In 2002 there were 180 dogs picked up from July 23 to September 2, and in 2003 there were 108. There were 71 redeemed in 2002 compared to 47 in 2003; 37 adopted in 2002 and 26 in 2003. The percentages are running about the same. Over the years, the reclaim rate has been around 40 to 50% and the redeemed rate is about 40 %, the adoption rate all inclusive is a little over 20 %, and the euthanized rate is about 40 %. Mr. Staffenson noted that the cooperation between Animal Control and the Police Department has been helpful. Available staff and societal trends should all be considered with the fluctuations. With the report, it's another great tool for Animal Control to use to fight the war on irresponsible pet ownership and provide a good public safety to the citizens of St. Paul and its visitors. 29. Resolution - 03 -696 - Ordering the owner to remove or repair the building at 837 4th Street East within fifteen (15) days from adoption of resolution. (Laid over from August 27) (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation provided a work plan is reviewed and approved by Code Enforcement and the Legislative Hearing Officer by noon on fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 7 of 12 September 3) Marcia Moermond, Legislative Hearing Officer, said the necessary documents were received from the owner including the estimate from the plumbing, heating, and electrical contractors as well as a completed work program and dates for completion of the work that is listed in the Code Compliance Inspection report. Councilmember Lantry moved to amend the order to 90 days for removal or rehabilitation as she wants to make sure the property owner will stay on task which has not been the case up to now. Adopted as amended (owner granted 90 days to complete rehabilitation) Yeas - 6 Nays -0 (The Council requested a progress report be provided by the Legislative Hearing Officer on December 3, 2003) 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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 30. Final Adoption - 03 -693 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to create a license to allow a brewpub to sell off -sale as permitted by state law. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 31. Final Adoption - 03 -694 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to create a fee for a brewpub /off -sale license. Councilmember Harris questioned why an additional $160 is charged for selling growlers. Councilmember Coleman responded that it is an additional license for being able to sell beer- to -go. Christine Rozek, Office of LISP, appeared and said the license for off -sale brewpub is essentially an additional license and considerably cheaper than a regular off -sale license which is $1,000. It was a compromise fee that was worked out with the licensees Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 32. Final Adoption - 03 -695 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to increase the transaction fee for pawn shop transactions. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 33. Final Adoption - 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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 8 of 12 Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 34. Final Adoption - 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. Councilmember Coleman Lantry approval. Adopted Yeas - 6 Nays - 0 35. Final Adoption - 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. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 36. Final Adoption - 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. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 37. Final Adoption - 03 -748 - 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. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 38. Second Reading - 03 -778 - An ordinance memorializing City Council action amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint and the zoning maps thereof for Mary Morelli and the East Side Neighborhood Development Company to rezone property at 565 and 573 Payne Avenue. (Public hearing held July 23, 2003) Laid over to September 10 for third reading Suspension Item: Councilmember Harris moved suspension of the rules and approval of the following resolution: Resolution - 03 -822 - Declaring September 3, 2003 as Evelyn Yoswa Day in the City of Saint Paul in honor of her 90th birthday. Adopted Yeas - 6 Nays - 0 The meeting was recessed from 4:55 p.m. to 5:40 p.m. Roll Call: Present - 4 Absent - 3 (Blakey, Harris - arrived after roll call; Reiter - excused) PUBLIC HEARINGS (Councilmember Blakey was not present for the votes on Items 39 through 50) Item 450 was taken up as the first item at this time. (See page 14) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 9 of 12 39. Resolution - 03 -815 - Approving the petition of Metro State University to vacate overhead space across East Seventh Street southwesterly of Maria to facilitate construction of a skyway. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 40. Resolution - 03 -816 - Ordering the owner to remove or repair the building at 1956 Feronia Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation provided the $2,000 bond is posted by noon on September 3) Marcia Moermond, Legislative Hearing Officer, reported that this is a long -term vacant building since early 1999 and has exchanged ownership three or four times since then. There is currently a proposal for the redevelopment of this building which would put it back as a productive parcel on the tax roles. The building is three stories and more or less gutted and would require extensive rehabilitation; essentially the rebuilding of the entire structure from the outside walls inward which is what the current owners intend to do. Ms. Moermond requested the Council grant owners 180 days to rehabilitate the building. Code Enforcement is concerned because this building has a long history of not being well managed or maintained. There have been 18 summary abatement notices in 2003. However, the development plans do appear to be sound. The $2,000 bond has been posted. She further noted that the owners and developers believe that the project to create 18 units of housing in the building will take closer to one year to complete rather than six months. She explained to them that if the project is 50% completed at the six month point, it is typical that another six months for completion would be granted. Naomi Isaacson, 1956 Feronia Avenue, one of the building owners, appeared and clarified that the building will contain 9 units rather than 18. Councilmember Benanav moved approval as amended. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 5 Nays -0 41. Appeal of Kelly Brisson to a Revised Notice of Condemnation for property at 297 Burgess Street. (Legislative Hearing Officer recommends lifting the condemnation for Unit 1 (downstairs unit) on the Revised Notice of Condemnation and Order to Vacate dated August 12. Unit 2 (upstairs unit) is condemned unless the following is completed by noon on September 3: 1) the electrical, roof, and window permits are closed out, and 2) Items 13 through 24 are completed) Marcia Moermond, Legislative Hearing Officer, reminded the Council that they recently denied the appeal of a condemnation for this property. There were 12 items listed in the condemnation that needed to be addressed two of which were life safety issues. At that time, those items were not addressed in time for the Council's consideration so the appeal was denied. Code Enforcement inspectors returned to the property to reinspect, looked at the interior and added another 12 items to the condemnation. Since this all began four to six weeks ago, the owner has been working diligently to get the building rehabilitated. This is a duplex in the near North End. The lower unit is a Section 8 rental unit which is in very good condition. Therefore, Ms. Moermond recommended that the condemnation be lifted at least for that unit. In terms of the permits that were pulled, from the first condemnation, there are three items: 1) major electrical work needed completing; 2) the roof needed completing; and 3) all the windows needed to be replaced. All the windows have been replaced and Ms. Moermond said she was informed by LIEP that fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 10 of 12 they have signed off on that item. The roof is 95% completed and the electrical needs one final inspection. Ms. Moermond recommended that the Council grant the appeal to the condemnation for Items 12 through 24 on the interior. The net result of granting it is that Item 24 is the requirement that there be a code compliance inspection on the interior and she feels the owner has made a good faith effort to address the concerns that have been raised by the inspectors and has been working hard to meet the deadlines. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and to grant the appeal. Appeal Granted (per the recommendation of the Legislative Hearing Officer) Yeas - 5 Nays -0 42. Appeal of Mark Underdahl to a Notice of Condemnation and Order to Vacate for property at 925 East Cook Avenue. (Legislative Hearing Officer recommends changing the vacate date to September 15, 2003 for the entire building) Marcia Moermond, Legislative Hearing Officer, appeared and said this involves an illegal conversion of a house into a duplex where two units were rented. It was her thought that one of the units was a Section 8 unit. The reason for recommending the vacate date of September 15 was to give the tenants additional time to relocate. There are significant problems related to this property and it is her understanding that the owner intends to repair the building and put it up for sale. Mark Underdahl, property owner, appeared. He said he had a bad experience with the original inspector, Mr. Prill. Mr. Underdahl said he would fix things but Mr. Prill would put them back on the list. He also had problems contacting him. He then called Mr. Prill's boss who gave him a clean slate as of the previous week except for permits that he has to get. A meeting is scheduled for the morning of September 8 with staff from the permit section involving plumbing, heating, and the general inspector to have them inspect the property which is for the basement only. The upstairs has nothing to do with any of the code violations. When the permit is issued, he will have everything taken care of. Ms. Moermond said the remodeling of the basement was not done under permit and it was used as a second unit in a single - family home. Therefore, she treated it as a single family home and recommended condemnation of the entire dwelling rather than a portion. In terms of specifying which violations fall in which part of the building, she felt it was true that the major ones do seem to occur in the basement. There were items appearing on correction notices going back several months that were for other parts of the house. Councilmember Lantry said the appeal could be denied because the vacate notice is not until September 15 which means that if all the permits are signed off before then, there is no longer an issue. Ms. Moermond concurred saying if the permits are signed off, the condemnation would be lifted. The concern is that the permits have not been issued yet and the next step of inspection and sign -off. She feels the current conditions merit the condemnation. Councilmember Lantry moved to deny the appeal. Appeal Denied (vacate date changed to September 15, 2003) Yeas - 5 Nays -0 43. Resolution - 03 -817 - Approving the petition of the Housing and Redevelopment Authority to vacate fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 11 of 12 parts of Hopkins Street, Petit Street and Kenny Lane lying easterly of Payne Avenue and to vacate and convey to the Housing and Redevelopment Authority part of Lots 4, 5 and 6 Greve's Rearrangement of Lots 6 and 7 and part of 5, 8, 9 and 10, Block 1 Brunson's Addition for the construction and sale of eight (8) row house. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 44. Resolution - 03 -818 - Authorizing the Housing and Redevelopment Authority to issue tax increment revenue bonds and authorizing the preparation of necessary documents and material in connection with the Gateway Rental Project for a proposal for a financing program for a multi - family rental housing development, and giving preliminary approval to the project and the program. Joan Truelson, Department of Planning and Economic Development, addressed Items 44 and 45. These items involve the Council's preliminary approval to issue tax revenue bonds and housing revenue bonds. The City Council has to give their approval to go to the Housing and Redevelopment Authority (HRA) and the bonds will be approved by the HRA. A more detailed report will be given at the HRA meeting. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Resolution - 03 -819 - Authorizing the Housing and Redevelopment Authority to issue tax increment revenue bonds and authorizing the preparation of necessary documents and material in connection with the Gateway Senior Rental Project for a proposal for a financing program for a multi - family rental housing development, and giving preliminary approval to the project and the program. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 46. Final Order - 03 -791 - In the matter of new sidewalk construction on the east side of Aldine Street from Marshall Avenue to Iglehart Avenue. (File No. 503004) (Laid over from August 27) Councilmember Benanav moved to lay over three weeks. Laid over to September 24 Yeas - 5 Nays - 0 47. Final Order - 03 -820 - 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. (File No. 18992) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 48. Resolution - 03 -821 - To consider a financing program for a multi - family rental housing development at Bridgecreek Senior Place, Old Hudson Road and Johnson Parkway. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0 (Harris not present for vote) 49. Public hearing to consider 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010 Page 12 of 12 conversion of a first floor residential unit to a kitchen/bath design business. (Laid over from August 27) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Motion of Intent - Application Granted Yeas - 5 Nays - 0 50. Public hearing to consider the appeal of Thomas Dobbs, owner of property at 734 E. Third Street, to a decision of the Heritage Preservation Commission denying a building permit application to remove original wood siding and install vinyl siding with vinyl corner boards and panels. (Laid over from August 27) Councilmember Lantry noted that a letter was received from Mr. Dobbs withdrawing his appeal as he has decided to take another course of action. In going through the appeal process, Ms. Lantry said she worked with the Heritage Preservation Commission staff from LIEP as well as a number of people from the community who worked on getting alternative bids. One of the things that came out in the process was that the appellant raised concerns about the process and especially now that the ordinance re -write is being done for HPC guidelines. HPC staff has agreed to meet with the people involved and talk about how the ordinance could be made better so there are some alternatives for people who have their appeal denied by the HPC. Councilmember Lantry thanked the property owners who worked hard to reach a conclusion Appeal Withdrawn Yeas - 5 Nays - 0 Councilmember Lantry moved to adjourn the meeting Yeas - 6 Nays - 0 ADJOURNED AT 5:58 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Mary Erickson September 17, 2003 Assistant Council Secretary mce file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163209\Approved ... 12/15/2010