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Minutes 1-7-2004Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 7, 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 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 Hearings Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune Absent - 0 CONSENT AGENDA (Items I -11) 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 Peter Feldmeier, Allen Hill (two claims), Douglas Mangine, Maplewood Alano Club, Dennis Moriarty, Rebecca Richter, Lowell Roberts, Rebecca Salmonson, Polly Sauerwein (for Madalyn Sauerwein), Brian and Jo Ann Tourtelotte and Martha White. Referred to the Risk Management Division fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010 Page 2 of 6 2. Administrative Orders: D002351 Amending the 2000 budget of the Capital Projects fund in the Department of Public Works and establishing a financing and spending plan. D002352 Authorizing the proper City officials to renew a Lease Agreement with the West Seventh Community Center for space to provide library services through December 31, 2004. D002353 Authorizing the Police Department to remit an amount, not to exceed $4,000.00, to various vendors for lunch, snacks and incentives for the "Good Game" program from January 1 through December 31, 2003. D002354 Amending the spending and financing plans of the 2002 Downtown Street Redesign and the 2001 Traffic Enhancement projects in the Department of Public Works. Noted as on file in the City Clerk's Office FOR ACTION 3. Resolution - 04 -01 - Approving the December 9, 2003, decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 1790 Hyacinth Avenue, 708 Preble Street and 696 Grand Avenue. Adopted Yeas - 7 Nays - 0 4. Resolution - 04 -02 - Adopting findings of fact related to demolition of buildings located in proposed future Westminster Junction Business Center. Adopted Yeas - 7 Nays - 0 5. Resolution - 04 -03 - Creating a spending and financing plan for fees received for Citywide Day Camps and the Harding Area Football Programs, and granting permission to transfer the year -end balance from Fund 398 (Recreation Enterprise Fund) to Fund 391 (Recreation Special Activities Fund), allowing for closure of Fund 398. Adopted Yeas - 7 Nays - 0 6. Resolution - 04 -04 - Adopting the District 1 Plan Summary as an addendum to The Saint Paul Comprehensive Plan. Adopted Yeas - 7 Nays - 0 7. Resolution - 04 -05 - Reducing the assessment for 1619 Dayton Avenue for work not completed during the Wheeler- Iglehart street paving and lighting project. Adopted Yeas - 7 Nays - 0 8. Resolution - 04 -06 - Rescinding the assessment for 92 Mississippi River Boulevard for work not completed during the Wheeler- Iglehart street paving and lighting project. Adopted Yeas - 7 Nays - 0 9. Resolution - 04 -07 - Accepting the dedication of temporary and permanent easements on property owned by Independent School District 4625 for construction of Phalen Boulevard. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010 Page 3 of 6 10. Resolution - 04 -08 - Accepting the dedication of temporary and permanent easements on property owned by the Saint Paul Housing and Redevelopment Authority for construction of Phalen Boulevard. Adopted Yeas - 7 Nays - 0 11. Resolution - 04 -09 - Accepting the dedication of a permanent easement on property owned by the Saint Paul Port Authority for construction of Phalen Boulevard. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 12. 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 December 3) Laid over indefinitely Yeas - 7 Nays - 0 13. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from December 3. Staff recommends withdrawal of the resolution) Laid over to January 14 Yeas - 7 Nays - 0 14. Resolution - 03 -1071 - Approving a settlement agreement with Comcast regarding cable modem and other franchise issues. (Laid over from December 3) Laid over to January 14 Yeas - 7 Nays - 0 15. 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 23) (Legislative Hearing Officer recommends approval) Adopted Yeas - 7 Nays - 0 16. Resolution - 04 -10 - Approving the application, per the Legislative Hearing Officer, by Holiday Stationstores, Inc., dba Holiday Stationstore 4341, 1345 Marshall Avenue, for a Malt Off Sale license. (Laid over from December 17) (Note: The applicant has notified Marcia Moermond that they are withdrawing their application) Withdrawn Yeas - 7 Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 17. Final Adoption - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative Code to establish requirements for student dwellings including Certificate of Occupancy inspections and the installation of hard wired smoke detectors. (Laid over from November 26, 2003) Laid over to February 4 for final adoption Yeas - 7 Nays - 0 18. Final Adoption - 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) Adopted Yeas - 7 Nays - 0 file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010 Page 4 of 6 19. Third Reading - 03 -1108 - An ordinance memorializing City Council action granting the application of St. Paul Public Housing Agency to rezone property at 280 Ravoux Street from RM -3 (Multiple Family) to RM -2 (Multiple Family) to allow single family houses. (Public hearing held November 5, 2003) Laid over to January 14 for final adoption PUBLIC HEARINGS 20. Third 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 January 14 for final adoption 21. Third Reading - 03 -1109 - An ordinance amending interim ordinance Council File No. 02 -1115 adopted December 26, 2002 to allow new development within the Sunray Shopping Center for Dots, Inc., 2139 Hudson Road. Laid over to January 14 for final adoption 22. Third Reading - 03 -1110 - An administrative ordinance establishing the minimum qualifications for the vacancy for the position of Police Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. Laid over to January 14 for final adoption 23. Public hearing 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. (Laid over from December 17) Motion of Intent - Appeal denied Yeas - 6 Nays - 1 (Helgen) 24. Final Order - 04 -11 - In the matter to improve five bridges along Ford Road /Hwy 5 from Fort Snelling to Munster Avenue and on Shepard Road over Fort Road. (File No. Gateway) Adopted Yeas - 7 Nays - 0 25. Appeal of Therese Menge to a Summary Abatement Order for property at 1155 Marion Street. (Legislative Hearing Officer recommends granting an extension to April 15, 2004 to bring the garage into compliance provided that the following is completed by January 1, 2004: 1) the roof is properly patched; 2) the doors are closed and locked; and 3) the windows are secured.) Appeal granted (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 26. Public hearing 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). (Laid over from December 17) Motion of Intent - Application granted Yeas - 7 Nays - 0 27. Public hearing to consider the application of Vincent Reiter for a combined plat to create two I -2 industrial parcels at 240 Sycamore Street between Rice and BNSF Railroad. Public hearing closed and laid over to January 14 Yeas - 7 Nays - 0 28. Public hearing to consider the appeal of Mark Voerding, 113 Farrington Street, to a decision of the file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010 Page 5 of 6 Board of Zoning Appeals approving several variances in order to build a 69 -unit condominium building at 226 Western Avenue (southeast corner of Western and Marshall Avenues). Motion of Intent - Appeal denied Yeas - 5 Nays - 2 (Helgen, Lantry) 29. Public hearing to consider the appeal of Geneva Turner, 996 Central Avenue, to a decision of the Board of Zoning Appeals approving a side yard setback variance of four inches in order to split a parcel back into the two originally platted lots at 998 Central Avenue. Motion of Intent - Appeal granted Yeas - 6 Nays - 0 Abstention -1 (Montgomery) 30. Public hearing to consider the appeal of Judith Essling to a decision of the Board of Zoning Appeals denying an appeal of the Zoning Administrator's order to remove the second dwelling unit from the house at 2187 Bonnie Lane. Motion of Intent - Appeal denied Yeas - 6 Nays - 1 (Harris) Suspension Items: Resolution - 04 -12 - Approving the election of Daniel Bostrom as President, Jay Benanav as Vice - President and Greg Blees as Secretary to the Saint Paul City Council. Adopted Yeas - 7 Nays - 0 Resolution - 00 -13 - Approving the appointment of Donna Swanson as Legislative Aide to Councilmember Dave Thune, Ward 2. Adopted Yeas - 7 Nays - 0 Resolution - 04 -14 - Approving the appointment of Jennifer Dunn as Legislative Aide to Councilmember Lee Helgen, Ward 5. Adopted Yeas - 7 Nays - 0 Resolution - 04 -15 - Approving the appointment of Ellen Biales as Legislative Aide to Councilmember Kathy Lantry, Ward 7. Adopted Yeas - 7 Nays - 0 Councilmember Helgen presented a Resolution outlining Saint Paul's role in building a new sports stadium. This item will appear on the January 14 agenda for discussion. 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 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— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010 Page 6 of 6 fileJ /C:ADOCUME- 1\LFSUPP- 1\LOCALS -1\ Temp \ELF20101215_165253\Minutes 1 -... 12/15/2010