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Minutes 1-28-2004Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 28, 2004 - 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 • Ordinances • Public Hearings • Miscellaneous . Suspension Items Present - 6 - Benanav, Bostrom, Harris, Helgen, Lantry, Thune Absent - 1 - Montgomery (arrived after roll call) CONSENT AGENDA (Items 1 -16) 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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Ayodele Ojo, Mark and Janice Rassett, and Gerald Uhl. Referred to the Risk Management Division 2. Summons and Complaint in the matter of James and Alisa Cullum vs. the City of Saint Paul, et al Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Tammy Wayne vs. the City of Saint Paul. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -... 12/15/2010 Page 2 of 6 Referred to the City Attorney's Office 3a. Letter from the Department of Planning and Economic Development providing notification that the public hearing scheduled for February 4, 2004 to consider a petition of the Housing and Redevelopment Authority for an alley vacation for the new Dale Street Library has been cancelled as a public hearing is no longer necessary. 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on February 4, 2004 to consider the application of Tom Scanlon, Dubliner Pub, 2162 University Avenue West for a sound level variance to allow live music for St. Patrick's Day from 12:00 p.m. to midnight on March 16 and 17, 2004 at 2162 University Avenue West. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 4, 2004, to consider the application of Parking Services for preliminary and final plat approval to create two commercial parcels at 175 West 7th Street (southeast corner of Smith Avenue and West 7th Street). 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 4, 2004, to consider the appeal of Centex Development Company to a decision of the Planning Commission denying a sign height variance at 266 Shepard Road (between Chestnut and Elm). The appeal was withdrawn by Centex and the public hearing has been cancelled. FOR ACTION 7. Resolution - 04 -67 - Approving the appointment of Council President Dan Bostrom, by Mayor Kelly, to the League of Minnesota Cities Board of Directors. Adopted Yeas - 6 Nays - 0 Abstention - 1 (Harris) 8. Resolution - 04 -68 - Approving the appointment of Councilmember Pat Harris and the reappointment of Council President Dan Bostrom, by Mayor Kelly, to the RiverCentre Authority. Adopted Yeas - 7 Nays - 0 9. Resolution - 04 -69 - Approving the Housing Action Plan 2004. Laid over to February 25 for a public hearing Yeas - 7 Nays - 0 10. Resolution - 04 -70 - Suspending the tanning facility license held by Safari Hair Adventure, Inc., 232 Snelling Avenue S. pending payment of all delinquent license fees, late charges, and submission of requested information. Adopted Yeas - 7 Nays - 0 11. Resolution - 04 -71 - Approving the issuance of approximately $9,135,000 of conduit tax- exempt revenue bonds for Bigos - Sibley Tower, LLC for the refinancing and purchase of the Sibley Apartments, 195 East Fifth Street. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -_ 12/15/2010 Page 3 of 6 Adopted Yeas - 7 Nays - 0 12. Resolution - 04 -72 - Accepting the dedication of a sewer easement across Block 1, Strub's Addition, for a project at 311 Sherwood Avenue. Adopted Yeas - 7 Nays - 0 13. Resolution - 04 -73 - Authorizing the Department of Fire and Safety Services to accept a donation of $101.30 from the Minnesota State Fire Chiefs Association for the Risk Watch program. Adopted Yeas - 7 Nays - 0 14. Resolution - 04 -74 - Authorizing the Department of Fire and Safety Services to accept a donation of $450.00 from Saint Patrick's Association. Adopted Yeas - 7 Nays - 0 15. Preliminary Order - 04 -75 - In the matter of improving the area referred to as the Davern- Bayard RSVP Project by installing a new water main in Davern Street from Pinehurst Avenue to Highland Parkway, and setting date of public hearing for February 25, 2004 (File No. 18998W) Adopted Yeas - 7 Nays - 0 16. Resolution Approving Assessment - 04 -76 - In the matter of the assessment of benefits, cost and expenses for sanitary sewer service repairs for various properties in the City during 2003, and setting date of public hearing for February 25, 2004. (File 3SWREPAIRA) Adopted 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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 17. Second Reading - 04 -65 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes for the Sun Ray - Suburban zoning maps. (Substitute introduced on January 21) Laid over to February 4 for third reading /public hearing Councilmember Thune was excused from the meeting at this time. PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 18. Resolution - 04 -77 - Adopting the Summary of the Merriam Park Community Plan as an Addendum to The Saint Paul Comprehensive Plan. Public hearing closed and laid over to February 4 Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -_ 12/15/2010 Page 4 of 6 19. Resolution - 04 -78 - Approving the petition of Mendota Homes, Inc. to vacate City interest in part of Montana Avenue lying westerly of Avon Street as part of the realignment of Montana Avenue to accommodate replatting and developing the area for single family homes. Adopted Yeas - 5 Nays - 0 (Benanav not present for vote) 20. Resolution - 04 -79 - Approving the petition of the Lander Group and Sherman and Associates to vacate the alley in Horace Thompson's Subdivision of Block 4, Hoyt's Addition, Lyons Court alley, for residential housing and parking. Adopted Yeas - 6 Nays - 0 21. Resolution - 04 -80 - Ordering the owner to remove or repair the building(s) at 1069 Greenbrier Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 22. Resolution - 04 -81 - Ordering the owner to remove or repair the building(s) at 501 Kent Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation provided the following is completed by January 26, 2004: 1) vacant building registration form is filled out and the $250 fee paid; 2) a rehabilitation plan with a time line to address all the items on the code compliance inspection report; and 3) a financial plan showing wherewithal to complete the rehabilitation) Public hearing closed and laid over to February 11 Yeas - 5 Nays - 0 (Harris not present for vote) 23. Resolution Ratifying Assessment - 04 -82 - In the matter of the assessment of benefits, cost and expenses for providing weekly garbage hauling for the third quarter of 2003 (J03TRASH3Q); summary Abatement (property clean -up) during August 2003 (J0307A); boarding -up of vacant buildings during July 2003 (J0305B), and demolition of vacant buildings during October 2003 and November 2003 (J0304C). (Legislative Hearing Officer recommends the following: 182 Front Avenue (J03TRASH3Q) - reducing the assessment from $1,020.00 to $750 plus the $20.00 service charge for a total assessment of $770.00; 1107 Seventh Street East (J0307A) - approval of the assessment; 1120 Seventh Street East (J0307A) - approval of the assessment; 1043 Wakefield Avenue (J0304C) - approval of the assessment; 18 Acker Street West (J0307A) - reducing the assessment from $519.50 to $224.75 plus the $70 administrative fee for a total assessment of $294.75; 1069 Avon Street North (J0307A) - reducing the assessment from $323.00 to $153.00 plus the $70.00 administrative fee for a total assessment of $223.00 and spreading the payment over a five -year period; 658 Fuller Avenue (J0307A) - deleting the assessment; fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -_ 12/15/2010 Page 5 of 6 1304 Galtier Street (J03TRASH3Q) - spreading the payment over a five -year period; 712 Hawthorne Avenue East (J03TRASH3Q) - deleting the assessment. Real Estate was directed to prepare a resolution deleting all 2003 assessments associated with garbage removal at this address; 15 Magnolia Avenue East (J0307A) - approval of the assessment; 214 King Street West (J0305B) - approval of the assessment; and 827 Van Buren Avenue (J0307A) - spreading the payment over a five -year period) The following recommendations were also brought forward by the Legislative Hearing Officer: 518 Ohio Street - spreading the payment over a five -year period; 111 East Lawson Avenue - Laid over to the February 10 Legislative Hearings and the February 25 City Council Hearings. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 24. Appeal of Linda Carreno to a Notice of Condemnation and Order to Vacate for property at 670 Sims Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 6 Nays - 0 25. Appeal of Shah Vang to a Summary Abatement Order for property at 1620 Sloan Street. (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 6 Nays - 0 26. Public hearing to consider the application of Alam & Associate, Inc. to rezone property at XX Wells Street (north side between Mendota and Forest) from P -1 (Parking) to R -4 (One - Family Residential) or RT -1 (Two - Family Residential) to create two lots for single - family homes. Motion of Intent - Application Granted to rezone to R -4 Yeas - 6 Nays - 0 MISCELLANEOUS 27. Presentation of financial awards to Martha Fuller, Director of the Department of Planning and Economic Development, by Song Fawcett & Rick Aguilar from the Metropolitan Council for 2003 projects under the "Livable Communities Act." Awards were presented fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -_ 12/15/2010 Page 6 of 6 Suspension Items Resolution - 04 -83 - Establishing an Ad Hoc Legislative Committee. Adopted Yeas - 7 Nays - 0 Resolution - 04 -84 - Approving the application, per the Legislative Hearing Officer, for an Auto Repair Garage License by Enrique Tamayo, owner, dba L &E Auto Repair, 1365 Pierce Butler Rout. Adopted Yeas - 7 Nays - 0 Resolution - 04 -85 - Accepting the offer of tickets and incidental food and beverages from the National Hockey League for the NHL All -Star Weekend on February 7 -8, 2004 at the Saint Paul RiverCentre and appropriating them for use by the proper City elected officials Adopted Yeas - 6 Nays - 0 (Thune not present) 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. inn. 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. in., 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. in., and 5:30 p. in.; 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— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165126\Minutes 1 -... 12/15/2010