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Minutes 12-10-2003Page 1 of 6 ACTION MINUTES THE SAINT PAUL CITY COUNCIL Wednesday, December 10, 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 • Public Library Present - 7 Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry 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 Kathryn Craven, Eheng Choua Vang, Veit & Company, and Lee Xiong. Referred to the Risk Management Division 2. Communication from Eichhorn -Hicks & Associates, Attorneys at Law, in the matter of the filing of a notice of claim regarding the death of Mai Mua Vang. Referred to the City Attorney's Office 3. Letter from the Department of Planning and Economic Development announcing a public hearing fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164540\Minutes 12... 12/15/2010 Page 2 of 6 before the City Council on December 17, 2003 to consider the application of Wesland, LLC to rezone property at the southeast corner of Marshall and Western Avenues from P -1 (Parking) to RM -2 (Multiple Family Residential). 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on December 17, 2003 to consider the appeal of Andrea Hauser to a decision of the Planning Commission approving a site plan for a mixed -use development at 1060 Grand Avenue. 5. Letter from the Real Estate Division announcing a public hearing before the City Council on December 17, 2003 to consider the petition of Mark Gergen to vacate a portion of Curtice Street between Hall and Humboldt Avenues to further develop the vacated street and surrounding property with new homes. 6. Letter from the Real Estate Division announcing a public hearing before the City Council on December 17, 2003 to consider the petition of the City of Saint Paul, on behalf of the Division of Parks and Recreation, to vacate a part of Winifred Street lying northeasterly of Ada Street to accommodate the expansion of the Neighborhood House facility. 7. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on December 17, 2003 to consider the appeal of Yang Yang, 762 Case Avenue, to a decision of the Board of Zoning Appeals denying a variance of the off - street parking requirements in order to establish a restaurant at 1177 Clarence Street. 8. Letters from the Citizen Service Office, Division of Property Code Enforcement, declaring 1069 Greenbrier Street and 501 Kent Street as nuisance properties and setting date of Legislative Hearings for December 23, 2003 January 13, 2004 and City Council Hearings for January 7, 2004 January 28, 2004. 9. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 410 Charles Avenue as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 10. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on December 29, 2003 at 9:30 a.m., Room 41, St. Paul City Hall, 15 West Kellogg Boulevard, concerning the Massage Practitioner License held by Machaga N. Johns, 770 Grand Avenue. 11. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on December 30, 2003 at 9:30 a.m., Room 41, St. Paul City Hall, 15 West Kellogg Boulevard, concerning the Auto Repair Garage License held by Heartland Auto Sales, Inc., 1236 Arcade Street. FOR ACTION 12. Resolution - 03 -1078 - Increasing the budget in Library Aids and Grants to reflect additional grants from the Friends of the Library. Adopted Yeas - 7 Nays - 0 13. Resolution - 03 -1079 - Approving the decisions of the Legislative Hearing Officer on appeals for letters of deficiency, correction notices and correction orders for 731 Fifth Street East, 2105 Como Avenue, 6 Leech Street, 915 York Avenue, and 921 York Avenue. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164540\Minutes 12... 12/15/2010 Page 3 of 6 14. Resolution - 03 -1080 - Authorizing issuance of a refund of the Sewer Availability Charges to Kraus - Anderson Construction Company in the amount of $14,025.00. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -1081 - Adopting the findings of fact related to structurally substandard buildings located in the proposed future Koch Mobil Tax Increment Financing District. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -1082 - Authorizing the acceptance of $6,367.00 in reimbursement funding from the Ramsey Soil and Water Conservation District for expenses the City incurred related to the co- operative project, the 2003 Como Shoreland Restoration project. Adopted Yeas - 7 Nays - 0 17. Resolution - 03 -1083 - Authorizing the proper city officials to accept and thank the Toro Foundation for the donation of the irrigation system and the related installation services for Raspberry Island. Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 03 -1084 - In the matter of making critical bridge repairs and aesthetic improvements to five bridges along Fort Road /Highway 5 from Fort Snelling to Munster Avenue and on Shepard Road over Fort Road to be known as the Historic Fort Road Gateway Project, and setting date of public hearing for January 7, 2004. (File No. Gateway) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 19. Resolution - 03 -1085 - Approving execution of a loan agreement with The Saint Paul Foundation to create a new Housing 5000 Below Market Rate Loan Program to assist affordable projects in Saint Paul for the next 12 years. Adopted Yeas - 7 Nays - 0 20. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue within fifteen (15) days from adoption of resolution. (Laid over from December 3) (Legislative Hearing Officer recommends approval) Laid over to December 23, 2003 Yeas - 7 Nays - 0 21. Appeal of Albert Gustafson to a Notice of Condemnation and Order to vacate property at 291 Ravoux Street 46. (Laid over from December 3) (Legislative Hearing Officer recommends granting the appeal and allowing the occupant to remain at the property.) Appeal granted Yeas - 7 Nays - 0 (per the recommendation of the Legislative Hearing Officer) 22. Report from Marcia Moermond, Legislative Hearing Officer, regarding the progress of rehabilitation for the buildings at 837 4th Street East. (Laid over from December 3) Laid over to February 4, 2004 Yeas - 7 Nays - 0 23. Administrative Order: D002348 Amending the budget of the Community Development Block Grant Fund to correct the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164540\Minutes 12... 12/15/2010 Page 4 of 6 budgets of old CDBG and Emergency Shelter Grant Projects. (Laid over from December 3) Laid over to December 23, 2003 Yeas - 7 Nays - 0 24. Resolution - 03 -1055 - Approving the appointments, by Mayor Kelly, of Hyon Kim, William Lowe, Willie Nesbit, and Teresa Tschida to the Workforce Investment Board. (Laid over from December 3) Adopted Yeas - 7 Nays - 0 AGENDA OF THE SAINT PAUL PUBLIC LIBRARY BOARD OF THE CITY OF SAINT PAUL, MINNESOTA ROLL CALL 25. Resolution L. B. 03 -007 — Adopting the Budget for Fiscal Year 2004 for the Saint Paul Public Library Agency. Laid over to December 17 Yeas - 7 Nays - 0 26. Resolution L.B. 03 -008 - Adopting the 2003 Property Tax Levy Payable in 2004 for the Saint Paul Public Library Agency's 2004 operating and Debt Service Budgets. Laid over to December 17 Yeas - 7 Nays - 0 27. Resolution - 03 -1086 - Adopting the 2003 City of Saint Paul Tax Levy Payable in 2004. aid over to December 17 Yeas - 7 Nays - 0 28. Resolution - 03 -1087 - Adopting the 2004 City of Saint Paul Annual Budgets. Laid over to December 17 Yeas - 7 Nays - 0 29. Resolution - 03 -1088 - Approving the 2003 Saint Paul Housing and Redevelopment Authority (HRA) Property Tax Levy payable in 2004 and approving the HRA 2004 Budget. Laid over to December 17 Yeas - 7 Nays - 0 30. Resolution - 03 -1089 - Approving the 2004 Saint Paul Regional Water Services Budget. Laid over to December 17 Yeas - 7 Nays - 0 31. Resolution - 03 -1090 - Approving the 2004 RiverCentre Authority Budget. Laid over to December 17 Yeas - 7 Nays - 0 32. Resolution - 03 -1091 - Approving the 2004 Library Agency Budget. Laid over to December 17 Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215 164540\Minutes 12... 12/15/2010 Page 5 of 6 33. Resolution - 03 -1092 - Concurring with action taken by the Board of Water Commissioners establishing the water rates for 2004. Laid over to December 17 Yeas - 7 Nays - 0 34. Resolution - 03 -1093 - Ratifying the 2004 Sanitary Sewer rates and the 2004 Storm Sewer System Charges. Laid over to December 17 Yeas - 7 Nays - 0 35. Resolution - 03 -1094 - Approving the 2004 Right -of -Way Maintenance Assessment Program charges against benefitted properties. Laid over to December 17 Yeas - 7 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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 36. Final Adoption - 03 -1027 - An ordinance amending Chapter 43 of the Saint Paul Legislative Code by raising the vacant building fee from $200.00 per year to $250.00 per year to reflect an increase in the cost of enforcement. Adopted Yeas - 7 Nays - 0 37. Final Adoption - 03 -1028 - An ordinance amending Chapters 60 through 69 of the Saint Paul Legislative Code pertaining to zoning code reformatting and streamlining, adding Traditional Neighborhood zoningdistricts, and related amendments. Amended and laid over to December 17 for final adoption Yeas - 6 Nays - 1 (Lantry) 38. Final Adoption - 03 -1029 - An ordinance amending Chapter 64 of the Saint Paul Legislative Code pertaining to the administration of the zoning code and setting fees to defray the costs of reviewing, investigating and administering services, materials, and work performed and furnished to persons making zoning applications to the City. Substitute introduced and laid over to December 17 for final adoption Yeas - 7 Nays - 0 39. Second Reading - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code to remove outdated language relative to appropriate dress. Laid over to December 17 for third reading /public hearing 40. First Reading - 03 -1095 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code to require Truth in Sale of Housing evaluators to report registered vacant buildings, open permits, legal duplexes, to add an exclusion for buildings slated for demolition, and clarify and elaborate upon certain evaluator responsibilities. Laid over to December 17 for second reading 41. First Reading - 03 -1096 - An ordinance memorializing City Council action approving the application of Leonard and Barbara Paczosa to rezone property at 1194 E. Maryland Avenue (between Duluth Street and Lane Place) from R -4 (One Family Residential) to B -2 (Community Business) for expansion of an auto convenience market /car wash. (Public hearing held November 5, 2003) file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_164540\Minutes 12... 12/15/2010 Page 6 of 6 Laid over to December 17 for second reading 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. fi1eJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_164540\Minutes 12... 12/15/2010