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Minutes 11-3-2004Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 3, 2004 - 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 • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items Present - 6 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery Absent - 1 - Thune (arrived after roll call) CONSENT AGENDA (Items 1 -14) 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 Virginia Delaney, and David Diercks. Referred to Risk Management 2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on November 16, 2004 at 9:30 a.m. in Room 41, City Hall, concerning the Tattoo Parlor License held by Jennifer E. Cobb, d /b /a Planet Ink, 1499 University Avenue West. 2a. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on November 17, 2004 to consider the supplemental variances granted by the Board of Zoning Appeals regarding the construction of a second principle structure at 449 Portland Avenue. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 2 of 8 3. Letter from the Department of Neighborhood Housing & Property Improvement declaring 1080 Park Street as nuisance property. (For notification purposes only; a public hearing will be held at a later date if necessary.) 4. Administrative Order: D002442 Authorizing revisions to activities 11254, 16002, and 16003 to create proper spending authority for Capital City Intern - overtime payments. Noted as on file in the City Clerk's Office FOR ACTION 5. Resolution - 04 -1044 - Approving the October 12, 2004 decisions of the Legislative Hearing Officer on appeals for Letters of Deficiency, Correction Notices and Correction Orders for the following addresses: 1399 Randolph Avenue, 1986 St. Clair Avenue, 528 Ashland Avenue, and 2135 Hadley Street. Adopted Yeas - 7 Nays - 0 6. Resolution - 04 -1045 - Authorizing the City to enter into a renewed agreement with ArCaPark, Inc. to operate and manage the 13 space parking lot at Arcade Street and Case Avenue developed under the City's Places to Park program. Adopted Yeas - 7 Nays - 0 7. Resolution - 04 -1046 - Approving Cultural STAR funding for the Orpheum Feasibility Study, the Rondo Library Public Art Project, and the 2005 Saint Paul Summer Song Festival. The Council requested further information on the funding of Cultural STAR projects be provided by Dan Smith, Department of Planning and Economic Development, including a financial analysis and the Cultural STAR Board's recommendations on the projects Laid over to November 10 Yeas - 7 Nays - 0 8. Resolution - 04 -1047 - Authorizing the Department of Planning and Economic Development to apply to the Minnesota Department of Employment and Economic Development and the Metropolitan Council for Contamination Cleanup Grants for the Island Station, West Side Flats, the Lowry, and River Bluff sites. Adopted Yeas - 7 Nays - 0 9. Resolution - 04 -1048 - Authorizing the Department of Fire and Safety Services to apply for a Federal Emergency Management Agency (FEMA) fire prevention grant. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 3 of 8 10. Resolution - 04 -1049 - Authorizing the Department of Fire and Safety Services to accept a donation in the amount of $5,000 from the Saint Paul Travelers for implementation of the Risk Watch program. Adopted Yeas - 7 Nays - 0 11. Resolution - 04 -1050 - Revoking the provisional taxicab vehicle license held by Mohammed A. Hassan. Adopted Yeas - 7 Nays - 0 12. Resolution - 04 -1051 - Denying the application for a Saint Paul Taxicab Driver's license submitted by Delmer L. Grace. Adopted Yeas - 7 Nays - 0 13. Resolution - 04 -1052 - Transferring spending and financing from the 2002 and 2003 Signal Enhancement /Channelization project to the Cromwell - Bayless- Raymond Traffic Calming project in the Department of Public Works. Adopted Yeas - 7 Nays - 0 14. Resolution - 04 -1053 - Transferring Council contingency budget within Public Works Traffic, Signal and Lighting Maintenance Fund activities for purchase of a pavement marking striper. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 15. Resolution - 04 -897 - Amending the spending and financing plans of the 2004 Maryland Avenue Bridge and the 2002, 2003, and 2004 MSA Contingency projects by transferring MSA funding to the White Bear Avenue at 7th Street intersection improvement project. (Laid over from October 6) Laid over to December 15 Yeas - 7 Nays - 0 16. Resolution Ratifying Assessment - 04 -972 - In the matter of the assessment of benefits, cost and expenses for the demolition of a vacant building (garage) at 1854 Benson Avenue during July 2004. (File No. J0404C) (Public hearing held and laid over from October 6) Laid over to December 1 Yeas - 6 Nays - 0 (Benanav not present for vote) 17. Consideration of the application of Patrick Ilfrey for a Subdivision (lot split) to create three single - family residential parcels at 1374 Woodbridge Street, with variance of the requirement that lots have file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 4 of 8 frontage on an improved street, between Cottage Avenue and Northern Pacific Railroad. (Public hearing held and laid over from October 6) Motion of Intent - Application granted Yeas - 7 Nays - 0 18. Resolution - 04 -1041 - Ordering the owner to remove or repair the building(s) at 907 Saint Anthony Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to rehabilitate the property) (Public Hearing held and laid over from October 27) Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0 19. Report from the Administration on the pending Comcast settlement and the public policy goals on franchise issues. (Report requested by the Council on October 27) A report was presented by Lisa Veith, Assistant City Attorney. The Council requested that further information be provided by the Mayor's Administration on November 10. 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. 20. Final Adoption - 04 -959 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to increase annual elevator inspection fees 25 %. Adopted Yeas - 7 Nays - 0 21. Final Adoption - 04 -960 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to increase the fees from $14.00 to $16.00 for boarding animals at the Animal Control Center. Adopted Yeas - 7 Nays - 0 22. Final Adoption - 04 -961 - An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to increase certain license fees and to add license and environmental plan review fees for two new K -12 school food service licenses. Laid over to November 10 Yeas - 7 Nays - 0 23. Final Adoption - 04 -962 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to change the definition of a Food - Institutional facility and to create two license types specifically to address food service facilities at K -12 schools. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 5 of 8 24. Final Adoption - 04 -983 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning for the City of Saint Paul with changes for the Middle Section of the Phalen Corridor zoning maps. Adopted Yeas - 7 Nays - 0 25. Final Adoption - 04 -984 - An ordinance amending Chapter 200.17 of the Legislative Code establishing guidelines and limiting the amount of time an animal can be restrained by a chain to no more than two hours and amending the restrictions on training collars. (Amended on October 27) Adopted Yeas - 7 Nays - 0 26. Third Reading - 04 -1013 - An ordinance memorializing City Council action approving the application of Twin Cities Habitat for Humanity to rezone property from R2 (Single - family Residential) to RM1 (Multiple - family Residential) at 1526 Ames Avenue; SW corner at Hazelwood Street. (Public Hearing held September 22) Laid over to November 10 for final adoption 27. Third Reading - 04 -1014 - An ordinance memorializing City Council action approving the application of Allen Hohenwald to rezone property from VP (P1) (Parking) to R4 (One - Family Residential) to construct a single family home on the east side of Iroquois Avenue, between Case and Stillwater Avenues. (Public hearing held September 22) Laid over to November 10 for final adoption 28. Third Reading - 04 -1015 - An ordinance memorializing City Council action approving the application of Janet Jackson to rezone property from B 1 (Local Business) to R4 (One - Family Residential) at 1160 Montreal Avenue; southeast corner at West Seventh Street. (Public hearing held October 6) Laid over to November 10 for final adoption 29. Second Reading - 04 -1027 - An ordinance concerning City Council approval of the City's lobbyists and legislative agendas. Laid over to November 17 for third reading /public hearing 30. First Reading - 04 -1054 - An ordinance amending Chapter 329 of the Saint Paul Legislative Code, Alarm Devices, to facilitate changes in statutory law and reduce false alarms. Laid over to November 10 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 31. Presentation by Matt Smith, Director, Office of Financial Services, and public hearing on the 2005 City, Library Agency and HRA Budgets, Service Levels, file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 6 of 8 and Tax Increment Plans. A presentation was made to the City Council by Matt Smith, Director, Office of Financial Services, and a public hearing was held. 32. Resolution - 04 -1055 - Authorizing the Right -of -Way Maintenance Assessments for 2005. Public hearing held, closed and laid over to December 15 Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote) 33. Resolution - 04 -1056 - Approving the proposed 2005 Sanitary Sewer Rates and Storm Sewer System Charges. Public hearing held, closed and laid over to December 15 Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote) 34. Resolution - 04 -1057 - Concurring with the action taken by the Board of Water Commissioners establishing the Water Rates for 2005. Public hearing held, closed and laid over to December 15 Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote) 35. Resolution - 04 -1058 - Giving preliminary approval for a proposed financing program for a multi- family rental housing development using tax exempt housing revenue bonds, for HRA Board consideration, for the Payne- Phalen Senior Lofts Project. Adopted Yeas - 7 Nays - 0 36. Resolution - 04 -1059 - Establishing a redevelopment project area and tax increment financing district and adopting a redevelopment plan and tax increment financing plan for the Payne- Phalen Senior Lofts Project. Adopted Yeas - 7 Nays - 0 37. Resolution - 04 -1060 - Approving the petition of the City of Saint Paul to vacate a portion of Starkey Street northwesterly of Water Street and southeasterly of Government Lot 7 to develop the site known as the West Side Flats, Wabasha to west of the railroad tracks. (File No. 01- 20040) Laid over to November 17 for public hearing Yeas - 7 Nays - 0 38. Resolution - 04 -1061 - Approving the petition of the City of Saint Paul to vacate and release the City's interest in Government Lot 7 in the area bounded by Wabasha Street, Water Street, the Mississippi River and the railroad tracks to develop the site known as the West Side Flats, Wabasha to west of the railroad tracks. (File No. 23 -2004) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 7 of 8 Laid over to November 17 for public hearing Yeas - 7 Nays - 0 39. Final Order - 04 -1062 - In the matter of improving the alley in Como, Block 5, bounded by California Street, Larpenteur Avenue, Chatsworth Street (vacated) and Milton Street, by grading and paving with a bituminous material. (File No. 19003) AdoptedYeas - 7Nays - 0 40. Final Order - 04 -1063 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts and fill, including the right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley in Como, Block 5, bounded by California Street, Larpenteur Avenue, Chatsworth Street (vacated) and Milton Street. (File No. 190035) Adopted Yeas - 7 Nays - 0 41. Resolution Ratifying Assessment - 04 -1064 - In the matter of the excessive consumption of inspection services for property code violations for May, June, and part of April 2004 at 518 Charles Avenue (J0403E3) (Legislative Hearing Officer recommends reducing the assessment from $295.00 to a total of $147.50) (Laid over from September 22) Public hearing heldclosed and laid over to November 17 Yeas - 7 Nays - 0 42. Public hearing to consider the application of Legacy Management and Development Corporation for a combined plat proposed for a mixed -use residential - institutional development at 626 University Avenue. Motion of Intent - Application granted Yeas - 7 Nays - 0 43. Public hearing to consider the application of Chris Kusch for a Combined Plat to create two single - family lots at 1602 Maryland Avenue. Public hearing held, closed and laid over to November 17 Yeas - 7 Nays - 0 44. Public hearing to consider the application of Island Station LLC to rezone from I2 (General Industrial) to TN2 (Traditional Neighborhood) for a residential mixed -use development at 436 Shepard Road (380 Randolph Avenue), SE of the intersection of new Shepard Road and Randolph Avenue. Motion of Intent - Application granted Yeas - 7 Nays - 0 45. Resolution - 04 -1065 - Approving the creation of the Great Northern Business Center - Phase II Tax Increment District and the hazardous substance subdistrict and the adoption of the Tax Increment Financing Plan. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010 Page 8 of 8 Adopted Yeas - 7 Nays - 0 Suspension Items Resolution - 04 -1066 - Memorializing City Council action taken October 27, 2004 granting an appeal of the Summit Hill Association to a decision of the Planning Commission approving the establishment of a triplex as a legal nonconforming use at 673 Lincoln Avenue, between St. Albans and Dale Streets. Adopted Yeas - 7 Nays - 0 Resolution - 04 -1067 - Approving the Appointment of Councilmember Debbie Montgomery and the Reappointments of Traci Gauer, Allen Hester, Lorrie Louder, Tom Macy, Jackie Mlynarczyk, Paul Nelson, Robert Veilleux, and Ellen Watters, by Mayor Kelly, to the Workforce Investment Board. Adopted Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164330\Minutes 11... 12/15/2010