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Minutes 12-3-2003Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 3, 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 Web Index • Consent Agenda • Communications and Administrative Orders • For Action • Suspension Items • For Discussion • Ordinances • Public Hearings Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry Absent - 0 CONSENT AGENDA (Items I - 22) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS DESIRED BY COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Nhia Her, Caitlin Peterson Spies, Melissa Stanley, and Robert Wilson & Associates (for Ger Vang). Referred to the Risk Management Division 2. Notice of Motion and Motion for Order Authorizing Disbursement, etc. in the matter of the City of St. Paul vs. David R. Beaudet, et al. (Court Files 62 -C1 -03 -6498 & 62 -C1 -03 -6501) Referred to the City Attorney's Office 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165000\Minutes 12... 12/15/2010 Page 2 of 6 December 17, 2003 to consider the report of the Administrative Law Judge concerning the application for Massage Practitioner and Massage Center (A) Licenses by Eric Weisman, d /b /a Eric Weisman & Assoc., P.A., 287 Sixth Street. 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on December 17, 2003 concerning all licenses held by Twin Star VFW Post 8854, 820 Concordia Avenue. 5. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 1863 Iglehart Avenue as nuisance property and setting date of Legislative Hearing for December 9, 2003 and City Council Hearing for December 17, 2003. 6. Administrative Orders: D002347 Amending the budget in the department of Planning and Economic Development by combining the original Neighborhood STAR grant awarded to the 920 Selby project with an additional allocation of STAR funds awarded through the Neighborhood Investment Initiative Program. Noted as on file in the City Clerk's Office D002348 Amending the budget of the Community Development Block Grant Fund to correct the budgets of old CDBG and Emergency Shelter Grant Projects. Laid over to December 10 Yeas - 7 Nays - 0 D002349 Authorizing the Department of Public Works to purchase pizza and beverages, not to exceed $900.00, for an employee appreciation for excellent work performance for the 2003 winter and summer seasons. Noted as on file in the City Clerk's Office FOR ACTION 7. 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 to December 10 Yeas - 7 Nays - 0 8. Resolution - 03 -1056 - Accepting a grant from the State of Minnesota for overtime costs related to providing increased security during the period of hostilities with Iraq, authorizing the City to enter into and Chief William Finney to implement the agreement, and establishing a 2003 budget for the grant. Adopted Yeas - 7 Nays - 0 9. Resolution - 03 -1057 - Authorizing the Department of Fire and Safety Services to enter into a mutual aid agreement with the City of Maplewood Police and Fire Department. Adopted Yeas - 7 Nays - 0 10. Resolution - 03 -1058 - Authorizing the Department of Fire and Safety Services to submit a request for proposal for fire protection services with the VA Medical Center. Adopted Yeas - 7 Nays - 0 11. Resolution - 03 -1059 - Authorizing the Department of Fire and Safety Services to apply for the Assistance to Firefighters Fire Prevention and Safety Program. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165000\Minutes 12... 12/15/2010 Page 3 of 6 12. Resolution - 03 -1060 - Authorizing the Department of Fire and Safety Services to accept a donation of $1,000.00 from the Taste of Minnesota for the Risk Watch program. Adopted Yeas - 7 Nays - 0 13. Resolution - 03 -1061 - Authorizing the addition of $1,500.00 in STAR grant funding to the 2003 Citywide Tree Planting budget. Adopted Yeas - 7 Nays - 0 14. Resolution - 03 -1062 - Authorizing disbursement of Youth Program Funds to various non -profit organizations. Adopted Yeas - 7 Nays - 0 15. Resolution - 03 -1063 - Approving the following organizations to the 2003 Charitable Gambling 10% Club: Area J Girls' Fast Pitch Association, Hancock Community Center Booster Club, and West Minnehaha Recreation Center Booster Club. Adopted Yeas - 7 Nays - 0 16. Resolution - 03 -1064 - Approving a budget resolution creating a new project which will link the Bruce Vento Regional Trail to Swede Hollow Park, Indian Mounds Park, and Lowertown. Adopted Yeas - 7 Nays - 0 17. Resolution - 03 -1065 - Approving a Third Amendment to the Joint Powers Agreement creating the Minneapolis /Saint Paul Housing Finance Board. Adopted Yeas - 7 Nays - 0 18. Resolution - 03 -1066 - Approving a program of refunding single family mortgage revenue bonds to provide for the recycling of program monies to make additional loans for low or moderate income persons and families. Adopted Yeas - 7 Nays - 0 19. Resolution - 03 -1067 - Authorizing carryforward of the City's unused 2003 entitlement allocation (bonding authority) for the purpose of year 2004 qualified residential rental projects. Adopted Yeas - 7 Nays - 0 20. Resolution - 03 -1068 - Reducing the amount assessed for a summary abatement for property cleanup at 349 Rose Avenue East. (File No. J0305) Adopted Yeas - 7 Nays - 0 21. Resolution - 03 -1069 - Deleting an assessment in the amount of $354.50 for boarding -up an open window for property at 593 Rose Avenue East. Adopted Yeas - 7 Nays - 0 22. Resolution - 03 -1070 - Deleting the summary abatement assessment for property cleanup at 576 Kent Street. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 23. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165000\Minutes 12... 12/15/2010 Page 4 of 6 within fifteen (15) days from adoption of resolution. (Laid over from November 5) (Legislative Hearing Officer recommends approval) Laid over to December 10 Yeas - 7 Nays - 0 24. 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. (Laid over from November 5) Laid over to January 7 Yeas - 7 Nays - 0 25. Resolution - 03 -1016 - Approving the May 1, 2003 through April 30, 2006 Collective Bargaining Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110. (Laid over from November 19) Adopted Yeas - 7 Nays - 0 26. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from November 19. Staff recommends withdrawal of the resolution) Laid over to January 7 Yeas - 5 Nays - 2 (Bostrom, Helgen) 27. Resolution - 03 -1071 - Approving a settlement agreement with Comcast regarding cable modem and other franchise issues. Laid over to January 7 Yeas - 5 Nays - 2 (Bostrom, Helgen) 27a. Report from Marcia Moermond, Legislative Hearing Officer, regarding the progress of rehabilitation for the buildings at 837 4th Street East. (Report requested by the Council on September 3) A report was presented by Marcia Moermond; an additional report will be presented on December 10 Yeas - 7Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FO UR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER. 28. Second Reading - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new class of occupancy to be known as student housing and providing for the inspection, renewal and enforcement of such certificates for student housing by the City's Fire Marshall. Laid over to December 17 for third reading /public hearing 29. Second Reading - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34 of the code. Laid over to December 17 for third reading /public hearing 30. Second Reading - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code pertaining to minimum housing maintenance standards and inspections and for the purpose of safeguarding life and property by establishing a smoke detector requirement for student housing occupancies pursuant to Minn. Stat. § 299F.011, Subd. 4. Laid over to December 17 for third reading /public hearing file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165000\Minutes 12... 12/15/2010 Page 5 of 6 31. First Reading - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code to remove outdate language relative to appropriate dress. Laid over to December 10 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 32. Third Reading - 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. Laid over to December 10 for final adoption 33. Third Reading - 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 zoning districts, and related amendments. Laid over to December 10 for final adoption The public hearing was closed; written comments may be submitted to the City Council and the City Cable Communications Office through December 10, 2003. 34. Third Reading - 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. Laid over to December 10 for final adoption 35. Resolution - 03 -1073 - Approving a Single Family Housing program to be financed by the issuance of single family mortgage revenue bonds and mortgage credit certificates. Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 36. Resolution - 03 -1074 - Authorizing preliminary approval to issue multifamily revenue bonds of approximately $4.4 million to construct the proposed Lyon's Court senior rental housing development at 530 Sibley Street in the North Quadrant Redevelopment Project Area. Adopted Yeas - 7 Nays - 0 37. Appeal of Albert Gustafson to a Notice of Condemnation and Order to vacate property at 291 Ravoux Street 46. (Laid over from November 19, 2003) (Legislative Hearing Officer recommends granting the appeal and allowing the occupant to remain at the property.) Laid over to December 10 Yeas - 7 Nays - 0 38. Appeal of Roberta Espey to a Summary Abatement Order for property at 1661 Blair Avenue. (Legislative Hearing Officer recommends granting an extension to May 15, 2004 on the condition that the garage is secured.) Extension granted to May 15, 2004 Yeas - 7 Nays - 0 39. Appeal of Richard Youngblood to a Summary Abatement Order for property at 964 Rose Avenue East. (Legislative Hearing Officer recommends denying the appeal.) Appeal denied Yeas - 7 Nays - 0 Suspension Item: fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165000\Minutes 12... 12/15/2010 Page 6 of 6 Resolution - 03 -1077 - Granting a waiver of the 45 -day notice requirement for issuance of on -sale liquor and Sunday on -sale liquor licenses to Shorty's Grille & Bar, 1091 Rice Street. Adopted Yeas - 7 Nays - 0 Council Meeting Information Wehcite_ 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 S: 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_165000\Minutes 12... 12/15/2010