Minutes 10-27-2004Page 1 of 10
ACTION MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, October 27, 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
• Miscellaneous
. Suspension Items
Present - 6 - Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 1 - Benanav (arrived for Public Hearings)
CONSENT AGENDA (Items 1 - 22)
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 Tyson John/Joey Tessmer, Anna Jungbauer, and Cinda Xiong /Yee Leng Vang.
Referred to Risk Management
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2.Summons and Complaint in the matter of Mary Kay Sobieck vs. 2004 Chevrolet.
Referred to the City Attorney's Office
3.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 3, 2004 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.
4.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 3, 2004 to consider the application of Chris Kusch for a Combined
Plat to create two single - family lots at 1602 Maryland Avenue.
5.Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on November 23, 2004 at 9:30 a.m., Room 41, City Hall, 15 West Kellogg Boulevard, concerning
renewal of a Taxicab Driver's License by Joseph C. Huber.
6.Letter from the Department of Neighborhood Housing and Property Improvement declaring 1774
Norfolk Avenue as nuisance property. (For notification purpose only; a public hearing will be scheduled
at a later date if necessary.)
7. Administrative Orders:
D00243 3 Authorizing an in -house training session combined with the annual staff recognition event
funded by The Friends of the Library, Perrie Jones Fund.
D002439Authorizing the Police Department to purchase food, not to exceed $2,500, from Black Bear
Crossing Como Lake Pavilion, for the second clergy academy on October 14, 2004.
D002440Extending the contract completion date for overlay work on Kellogg Boulevard -Fifth Street to
December 1, 2004 for Ace Blacktop, Inc.
D00244 I Authorizing the Como Park Zoo and Conservatory Campus to purchase food items and to pay
vendors who provide food for birthday parties and Victorian Teas sponsored by the Campus in an amount
not to exceed $4,500.
Noted as on file in the City Clerk's Office
FOR ACTION
8.Resolution - 04 -985 - Approving the Memorandum of Agreement between the City and AFSCME 4
2508 to extend the previously approved pilot project for employees in the Information Services Division,
the Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public
Health. (Laid over from October 20 for adoption.)
AdoptedYeas - 6Nays - 0
9.Resolution - 04 -986 - Approving the Memorandum of Agreement between the City and AFSCME
41842 to extend the previously approved pilot project for employees in the Information Services
Division, the Saint Paul Regional Water Services and city employees at the Ramsey County Department
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of Public Health. (Laid over from October 20 for adoption)
AdoptedYeas - 6Nays - 0
10.Resolution - 04 -987 - Approving the Memorandum of Agreement between the City and PEA to extend
the previously approved pilot project for employees in the Information Services Division, the Saint Paul
Regional Water Services and city employees at the Ramsey County Department of Public Health. (Laid
over from October 20 for adoption)
AdoptedYeas - 6Nays - 0
I l Resolution - 04 -988 - Approving the Memorandum of Agreement between the City and SPSO to
extend the previously approved pilot project for employees in the Information Services Division, the
Saint Paul Regional Water Services and city employees at the Ramsey County Department of Public
Health. (Laid over from October 20 for adoption)
AdoptedYeas - 6Nays - 0
12.Resolution - 04 -1016 - Approving the Memorandum of Agreement between the City of St. Paul and
United Association of Pipefitters Local 4455. (To be laid over one week for adoption)
Laid over to November 17 for adoption
13.Resolution - 04 -1017 - Approving the contract with Frank Madden, Public Labor Relations Expert, to
provide labor relations training and advice concerning ongoing labor negotiations.
AdoptedYeas - 6Nays - 0
14.Resolution - 04 -1018 - Approving payment of $270,000 in full settlement of the claim of Robert
Kearney v. Jay Griffin and Ryan Murphy.
AdoptedYeas - 5Nays - 1 (Thune)
Council requested Council Research staff work with the City Attorney's Office to review and make
recommendations concerning transportation of individuals by the Police Department to the County
Detoxification Center and report back to the Council on November 17.
15.Resolution - 04 -1019 - Approving payment of $44,500 in full settlement of the claim of Gail White, et
al. against the City of Saint Paul.
AdoptedYeas - 6Nays - 0
16.Resolution - 04 -1020 - Approving the application with conditions, per the Legislative Hearing Officer,
for Gas Station, Retail Food Grocery, and Cigarette/ Tobacco Licenses of S & E Minneapolis, Inc. d /b /a
One Stop Grocery, 778 Smith Avenue South.
AdoptedYeas - 6Nays - 0
17.Resolution - 04 -1021 - Approving an increase to the Nuisance Building Abatement budget in the
Department of Neighborhood Housing and Property Improvement for removing nuisance buildings.
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AdoptedYeas - 6Nays - 0
18.Resolution - 04 -1022 - Revoking the rental registration certificate for property at 49 Dale Street North
and registered to John and Ann Zappia.
AdoptedYeas - 6Nays - 0
19.Resolution - 04 -1023 - Accepting a Cops 2004 Technology grant in the amount of $98,948 from the
U.S. Department of Justice for the Police Department and establishing a spending and financing plan for
the grant.
AdoptedYeas - 6Nays - 0
20.Resolution - 04 -1024 - Adopting the Middle Section Amendment of the Phalen Corridor Development
Strategy as an addendum to the Saint Paul Comprehensive Plan.
AdoptedYeas - 6Nays - 0
21.Resolution - 04 -1025 - Authorizing a budget amendment for a Metropolitan Council Tax Base
Revitalization Account Grant for the Lowry Project.
AdoptedYeas - 6Nays - 0
22.Resolution - 04 -1026 - Setting recycling service fees in 2005 at $24.36 per unit in residential buildings
with one to three units and condominiums, $16.24 per unit in residential buildings with four or more
units, and requesting $549,896 SCORE grants funds for support of curbside and multi - family recycling
programs under contracts with Eureka Recycling and Macalester Groveland District 14 Community
Council.
AdoptedYeas - 6Nays - 0
FOR DISCUSSION
23.Consideration of the appeal of Mark Voerding, et al. to a decision of the Board of Zoning Appeals
granting several variances in order to construct a second principle building on the lot at 449 Portland
Avenue. (Public hearing held August 4; laid over from October 6)
Laid over to November 17 Public Hearing
24.Resolution - 04 -925 - Ordering the owner to remove or repair the building(s) at 1040 Jessie Street
within fifteen (15) days from adoption of resolution. (Public Hearing held and laid over from October 6)
(Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation
provided the following is completed by noon on October 27, 2004: 1) staff review the work plan to make
sure it is sufficient; 2) real estate taxes are brought up to date; and 3) a $2,000 bond is posted.)
Adopted as amendedYeas - 6Nays - 0
(per the recommendation of the Legislative Hearing Officer
25.Resolution - 04 -926 - Ordering the owner to remove or repair the building(s) at 640 Minnehaha
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Avenue West Street within fifteen (15) days from adoption of resolution. (Public Hearing held and laid
over from October 6) (Legislative Hearing Officer recommends granting the owner 180 days to complete
rehabilitation of the property)
Adopted as amended Yeas - 6Nays - 0
(per the recommendation of the Legislative Hearing Officer)
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.
26. Second 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 3 for third reading
27.Second 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 3 for third reading
28.Second 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 3 for third reading
29.First Reading - 04 -1027 - An ordinance concerning City Council approval of the City's lobbyists and
legislative agendas.
Laid over to November 3 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
30.Third Reading - 04 -959 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase annual elevator inspection fees 25 %.
Laid over to November 3 for final adoption
31.Third Reading - 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.
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Laid over to November 3 for final adoption
32.Third Reading - 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 3 for final adoption
33.Third Reading - 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.
Laid over to November 3 for final adoption
34.Third Reading - 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.
Laid over to November 3 for final adoption
35.Third Reading - 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 and laid over to November 3 for final adoption
36.Resolution - 04 -1028 - Approving the petition of the Port Authority to vacate various streets within the
proposed Westminster Business Center to clear title to allow for construction.
AdoptedYeas - 7Nays - 0
37.Resolution - 04 -1029 - Diverting city park land abutting 1302 Reaney Avenue for a private driveway
access across Johnson Parkway and authorizing city officials to enter into an agreement with the property
owner for construction and use of the driveway.
Adopted as amendedYeas - 7Nays - 0
38.Resolution - 04 -1030 - Approving adverse action against all licenses held by Twin Star VFW 8854,
820 Concordia Avenue West.
AdoptedYeas - 7Nays - 0
39.No item.
40.Final Order in Condemnation Proceedings - 04 -1032 - In the matter of acquiring the property rights
needed for right of way purposes and temporary construction easements to improve White Bear Avenue
from Reaney Avenue to Beech Street. (File No. AE2004 -2)
AdoptedYeas - 7Nays - 0
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41.Resolution Ratifying Assessment - 04 -1033 - In the matter of the assessment of benefits, cost and
expenses for the sanitary sewer lift station (James Avenue Lift Station), associated gravity main,
forcemain, and sanitary service stubs located generally along James Avenue from Duke Street to
Randolph Avenue /Old Shepard Road. (File 419004)
AdoptedYeas - 7Nays - 0
42.Resolution Ratifying Assessment - 04 -1034 - In the matter of the assessment of benefits, cost and
expenses for installation of a Fire Protection System at 180 East Fifth Street (First Trust Center) for the
Penthouse and Floor 11. (File No. FP2003 -01E)
AdoptedYeas - 7Nays - 0
43.Resolution Ratifying Assessment - 04 -1035 - In the matter of the assessment of benefits, cost and
expenses for the excessive police and nuisance enforcement services for properties at 2554 Como Avenue
and 1491 University Avenue West (File No. SPPD04A)
Adopted as amendedYeas - 7Nays - 0
44.Resolution Ratifying Assessment - 04 -1036 - In the matter of the assessment of benefits, cost and
expenses for summary abatement for the excessive consumption of inspection services for property code
violations for May, June and part of April, 2004 at 396 Burgess Street (J0403 E2) (Laid over from
September 22) (Legislative Hearing Officer recommends approval)
AdoptedYeas - 7Nays - 0
45.Resolution Ratifying Assessment - 04 -1037 - In the matter of the assessment of benefits, cost and
expenses for towing abandoned vehicles from private property during January, February, March and
April 2003. (File No. J0303V1) (Laid over from October 6) (Legislative Hearing Officer recommends the
following:
751 Ashland Avenue - reduce the assessment from $610 to $200 and spread the payments over a three -
year period;
1956 Fifth Street East - reduce the assessment from $1,121.45 to $560.72 and spread the payments over a
five -year period;
503 Lafond Avenue - approval;
2204 Seventh Street West - approve and spread the payments over a two -year period)
Adopted as amendedYeas - 7Nays - 0
(per the recommendation of the Legislative Hearing Officer)
46.Resolution - 04 -1038 - Ordering the owner to remove or repair the building(s) at 366 Erie Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
AdoptedYeas - 7Nays - 0
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(per the recommendation of the Legislative Hearing Officer)
47.Resolution - 04 -1039 - Ordering the owner to remove or repair the building(s) at 705 Farrington Street
within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
AdoptedYeas - 7Nays - 0
(per the recommendation of the Legislative Hearing Officer)
48.Resolution - 04 -1040 - Ordering the owner to remove or repair the building(s) at 946 Fuller Avenue
within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends laying over to the November 9 Legislative Hearing and the
November 17 City Council Hearings)
Laid over to November 17Yeas - 7Nays - 0
49.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 to November 3Yeas - 7Nays - 0
50.Appeal of John Lampland to a vacant building registration notice, vehicle abatement order, and
summary abatement order at 737 Ridge Street. (Legislative Hearing Officer recommends granting the
appeal of the vacant building status, denying the appeal of the summary abatement order but granting an
extension to 9:00 a.m. Monday, October 18, 2004, and denying the vehicle abatement order but granting
an extension to 9:00 a.m. Monday, October 25, 2004 on all three vehicles.)
Appeal deniedYeas - 7Nays - 0
51.Appeals of Cha Vang to Deficiency Lists (including condemnation) for property at 46 East 4th Street.
(Legislative Hearing Officer recommends denying both appeals)
Appeals deniedYeas - 7Nays - 0
52.Appeals of Jeffrey Voeller to a Deficiency List and Vacant Building Registration Notice for property
at 938 East 6th Street/623 Forest Street. (Legislative Hearing Officer recommends granting the appeal)
Appeal grantedYeas - 7Nays - 0
53.Public Hearing to consider the application of Twin Cities Habitat for Humanity/ Matt Soucek for a
Combined Plat for Germain Landing to create 24 residential parcels and five outlots (south of Ames
Avenue from the west side of Hazelwood Avenue to Germain Street).
Motion of Intent - Application Granted Yeas - 7Nays - 0
54.Public hearing to consider the appeal of Timothy Holden, 7683 Teal Alcove, Woodbury, MN to a
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decision of the Board of Zoning Appeals denying a variance to legalize a roof sign installed without a
permit at 1607 University Avenue West.
Motion of Intent - Appeal DeniedYeas - 7Nays - 0
55.Public hearing to consider the appeal of Koua Lee to a decision of the Board of Zoning Appeals
denying a setback variance in order to split the property at 1306 Minnehaha to allow for the construction
of a new single family home.
Motion of Intent - Appeal DeniedYeas - 7Nays - 0
56.Public hearing to consider the appeal of QTI Holdings to a decision of the Planning Commission
denying the re- establishment of a nonconforming use as a duplex at 422 Charles Avenue, between
Arundel and Western.
Motion of Intent - Appeal DeniedYeas - 7Nays - 0
57.Public hearing to consider the 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.
Motion of Intent - Appeal GrantedYeas - 7Nays - 0
MISCELLANEOUS
58.Recognizing Ella Thayer, Ward 4 Council Secretary, on her retirement after 29 37 years of service to
the City of Saint Paul.
A resolution was presented under suspension
Suspension Items:
Resolution - 04 -1042 - Approving a contribution in the amount of $10,000 to "Kids Voting Saint Paul."
AdoptedYeas - 6Nays - 0
Resolution - 04 -1043 - Honoring Ella Thayer on 37 years of service to the City of Saint Paul.
AdoptedYeas - 6Nays - 0
Council requested a report from the Administration at the November 3 Council meeting on the pending
Comcast settlement and the public policy goals on franchise issues.
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our Website at
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http://www.ci.stpaiil.i
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.
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