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Minutes 10-1-2003Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 1, 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 Mary Erickson - 651- 266 -8560 Vicki Sheffer - 651 - 266 -8673 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • Suspension Items • For Discussion • Ordinances • Public Hearings Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items I -18) 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 Mary Bies, Juan Chavez, Norman Cohen, Luke Hannigan, Vega Gonzales, Krueger Law Firm (for Youa Thao Vue), Anthony and Wendy Ledo, LouAnn Norquist, Bruce S. Smith, and Susan Williamson. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Edward McDonald v. the City of Saint Paul, Mayor Randy fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010 Page 2 of 6 Kelly, et al. Referred to the City Attorney's Office 3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on October 8, 2003, at 9:30 a.m., in Saint Paul City Hall, 15 West Kellogg Boulevard, Room 220, Conference Room B, regarding all licenses held by Darp Corporation, d /b /a Fitti's, 828 Seventh Street East. 4. Letter from the Citizen Service Office /Division of Property Code Enforcement, declaring 1235 Margaret Street as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 5. Administrative Order: D002330 Authorizing the Police Department to remit an amount not to exceed $350.00 to Byerly's, 1959 Suburban Avenue, to cover expenses for food service for participants in the Police Department's Professional Development Institute seminar on Interview and Interrogation. Noted as on file in the City Clerk's Office FOR ACTION 6. Resolution - 03 -870 - Requesting City Council approval to formalize the current Friendship between the City of Manzanillo in the State of Colima, Mexico and the City of Saint Paul, Minnesota, USA. Adopted Yeas - 7 Nays - 0 7. Resolution - 03 -871 - Accepting a "good will" gift of a six -foot Sailfish statue valued at $30,000 presented to the City of Saint Paul from the City of Manzanillo and the State of Colima, Mexico. Adopted Yeas - 7 Nays - 0 8. Resolution - 03 -872 - Authorizing the Department of Fire and Safety Services to accept donations of $5,000 from the Saint Paul Companies and $2,000 from Health Partners for the Risk Watch Program. Adopted Yeas - 7 Nays - 0 9. Resolution - 03 -873 - Amending the 2003 financing and spending plan for police security services provided to the Saint Paul Arena Company. Adopted Yeas - 7 Nays - 0 10. Resolution - 03 -874 - Approving the renaming of Old Shepard Road to Randolph Avenue. Adopted Yeas - 7 Nays - 0 11. Resolution - 03 -875 - Adopting the FY2003 Large Neighborhood STAR Program. Laid over to October 8 Yeas - 7 Nays - 0 12. Resolution - 03 -876 - Memorializing City Council action taken April 2, 2003, denying the appeal of Mark Voerding, James Hirsh, Thomas Darling and William Sell to a decision of the Planning Commission approving a conditional use permit and variances for a carriage house dwelling at 449 Portland Avenue. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010 Page 3 of 6 13. Resolution - 03 -877 - Concerning adverse action against the Massage Practitioners license held by James E. Hubman. Adopted Yeas - 7 Nays - 0 14. Resolution - 03 -878 - Concerning adverse action against the Solid Waste Hauler license held by Randy Lee, d/b /a R L B Garbage. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -879 - Concerning adverse action against the City Contractor license held by Brian J. Tankersley d /b /a Tankersley Construction. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -880 - Concerning adverse action against the licenses held by San Pelino, Inc., d /b /a Pelino, 1905 Stillwater Avenue. Laid over to October 8 Yeas - 7 Nays - 0 17. Resolution - 03 -881 - Scheduling a public hearing for November 5, 2003, for ratification of the 2004 sanitary sewer and storm sewer rates. Adopted Yeas - 7 Nays - 0 18. Resolution - 03 -882 - Concerning adverse action against the licenses held by Shelagh Connolly d /b /a The Mildred Pierce Cafe, located at 786 Randolph Avenue. Laid over to October 22 for a public hearing Yeas - 7 Nays - 0 FOR DISCUSSION 19. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. Laid over to October 8 Yeas - 7 Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR SEPARATE CO UNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 20. Final Adoption - 03 -832 - An ordinance amending interim ordinance Council File 01 -648, adopted November 20, 2000, which imposed a moratorium on the use of property in the area presently under study for the Arcade Street Area Study pending completion of the study and any possible amendments to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study. (Dollar Tree Store). Adopted Yeas - 7 Nays - 0 21. First Reading - 03 -884 - An ordinance creating a new city department to be known as the Department of Neighborhood Housing and Property Improvement and establishing appropriate functions and responsibilities. Laid over to October 8 for second reading 22. First Reading - 03 -885 - An interim ordinance clarifying the length of time of the interim ordinance governing the Arcade Street Study Area established by Council File No. 01 -648 for a period of twelve months, and extended for an additional eighteen months in Council File No. 02 -514, for a total of thirty file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010 Page 4 of 6 months, as permitted under Minn. Statute §462.355, Subd. 4. Laid over to October 8 for second reading 23. First Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers." Laid over to October 8 for second reading 24. First Reading - 03 -887 - An ordinance amending Chapters 32, 33, 43, 45, 51, 105, 163, 189 and 292 of the Saint Paul Legislative Code to accurately reference the functions of the new Department of Neighborhood Housing and Property Improvement. Laid over to October 8 for second reading 25. First Reading - 03 -888 - An ordinance amending Chapters 33, 34 and 60 of the Saint Paul Legislative Code to establish requirements for student dwellings including regular inspections and installation of hard wired smoke detectors. Laid over to October 8 for second reading 26. First Reading - 03 -889 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to increase fees 10% for most categories of permits, except for general building permits, and to increase annual elevator inspection fees 25 %. Laid over to October 8 for second reading 27. First Reading - 03 -890 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to allow for reinspection and excessive initial inspection fees to be collected by special assessment. Laid over to October 8 for second reading 28. First Reading - 03 -891 - An ordinance amending Chapter 51 (Rental Registration) of the Saint Paul Legislative Code to allow for interior inspections of one and two unit rental dwellings and clarify grounds for rental registration revocation. Laid over to October 8 for second reading 29. First Reading - 03 -892 - An ordinance amending Chapters 87, 89, 91, 92, 94 and 95 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as recommended by the Board of Water Commissioners of the City of Saint Paul. Laid over to October 8 for second reading 30. First Reading - 03 -893 - An ordinance amending Chapter 310 (Uniform License Procedures) of the Saint Paul Legislative Code to increase fees 25% for some categories of licenses in the City of Saint Paul, to increase Malt Off -Sale 10 %, Food Institutional 100 %, and to create a fee schedule for the proposed new environmental plan review fees to be created in Chapters 331A, 367, 380, 412 and 412A. Laid over to October 8 for second reading 31. First Reading - 03 -894 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to require food facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership and inspection fees. Laid over to October 8 for second reading 32. First Reading - 03 -895 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code to require tattoo facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010 Page 5 of 6 fees. Laid over to October 8 for second reading 33. First Reading - 03 -896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code requiring tanning facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and fees. Laid over to October 8 for second reading 34. First Reading - 03 -897 - An ordinance amending Chapter 412 of the Saint Paul Legislative Code to require massage facility owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspections and fees. Laid over to October 8 for second reading 35. First Reading - 03 -898 - An ordinance amending Chapter 412A of the Saint Paul Legislative Code to require adult massage parlor owners to apply for an environmental plan review and pay a fee for new construction and /or remodeling of the facility as well as provide for change of ownership inspection and fees. Laid over to October 8 for second reading PUBLIC HEARINGS 36. Resolution 03 -899 - Ratifying the 2003 Right -of -Way Maintenance Assessment Program charges to be assessed against benefitted properties. Adopted Yeas - 7 Nays - 0 37. Resolution Ratifying Assessment - 03 -900 - In the matter of approving the assessment of benefits, costs and expenses for the Wheeler/Iglehart Area Paving and Lighting Project. (File No. 18957) Adopted Yeas - 7 Nays - 0 38. Resolution Ratifying Assessment - 03 -901 - In the matter of approving the assessment of benefits, costs and expenses for the Edgebrook/Morningside Area Paving and Lighting Project. (File No. 18973) Adopted Yeas - 7 Nays - 0 39. Appeal of John Schlottke to a Summary Abatement Order and Vehicle Abatement Order for property at 1876 Chelton Avenue. (Legislative Hearing Officer recommends denying the appeals) Appeals Denied Yeas - 7 Nays - 0 40. Public hearing to consider the report of the Administrative Law Judge concerning the Malt Off -Sale license application submitted by Chanh Yang d /b /a Super Convenience Store, 922 Thomas Avenue. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (Application Granted with Conditions) Yeas - 7 Nays - 0 41. Public hearing to consider the appeal of Phil Gerlach and Ted Peller to a decision of the Board of Zoning Appeals approving a height variance in order to build an addition to the rear of the existing house at 2012 Iglehart Avenue. Laid over to October 15 Yeas - 7 Nays - 0 42. Public hearing to consider the appeal of Robert Clapp, River Run Properties, to a decision of the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010 Page 6 of 6 Board of Zoning Appeals denying three variances in order to split property and create a new and buildable lot at 1016 McLean Avenue. Motion of Intent - Appeal Granted Yeas - 6 Nays -1 (Lantry) 43. Public hearing to consider the application of Twin Cities Habitat for Humanity for a combined plat to create ten (10) residential lots and two (2) outlots on the Northwest corner of Mississippi Street and Hyacinth Avenue. Motion of Intent - Application Granted Yeas - 6 Nays - 0 (Coleman not present for vote) 44. Public hearing to consider the application of Stonebridge Development and Acquisition, LLC for a combined plat to create four lots for new residential development at Davern St., Norfolk Ave., W. 7th St., and Munster Ave. Motion of Intent - Application Granted Yeas - 7 Nays - 0 45. Public hearing concerning the Notice of Violation issued to Comcast of St. Paul, Inc. by the City's Office of Cable Communications regarding Article I §109(e) of the cable television franchise. (Public hearing continued from August 27) A public hearing was held 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.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. fileJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_163418\Minutes 10... 12/15/2010