Minutes 11-24-2004Page 1 of 6
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 24, 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
• For Discussion
• Ordinances
Present - 5 - Benanav, Helgen, Lantry, Montgomery, Thune
Absent - 2 - Harris (arrived after roll call), Bostrom (excused)
CONSENT AGENDA (Items 1 - 25)
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 3N Enterprise, Anthony Carter, Matthew and Lisa Probst, Sherri Rockeman Quinn, and Jim
and Jillian Stocker.
Referred to Risk Management
2. Summons and Application in the matter of Randall J. Zahradka vs. the City of Saint Paul in a torrens
registration proceeding with respect to real estate in Ramsey County.
Referred to the City Attorney's Office
3. Land Title Summons in Application for Registration of Land in the matter of Printer's Row LLC vs.
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the City of Saint Paul et al.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on November 30, 2004 at 9:30 a.m. in Room 41 City Hall to consider all licenses held by M. Reaney,
Inc., d /b /a Reaney's Bar, 870 Payne Avenue.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 2, 2004 at 9:30 a.m. in Room 220 City Hall to consider all licenses held by Vone X. Moua
and Mee Lee Moua, d /b /a Malina's Sports Bar & Grill, 691 North Dale Street.
6. Letter from the Department of Neighborhood Housing & Property Improvement declaring 1011
Burns Avenue as a nuisance property. (For notification purposes only; a public hearing will be
scheduled at a later date if necessary.)
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 1, 2004 to consider the appeal of Kurt and Maggie
Schwichtenberg to a Board of Zoning Appeals decision denying three variances in order to construct a
garage addition with a dwelling unit to the existing single family home at 314 Ryan Avenue (Zoning
File No. 04- 195197).
8. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 1, 2004 to consider the application of Riverstone Development to
rezone property from R3 (One - Family Residential) to RT2 (Townhouse Residential) to allow for
townhouse development at 397 Hazel Street, between Wilson Avenue and Hudson Road. (Zoning File
No. 04 -165 -087).
9. Administrative Orders:
D002444 Moving spending budgets to the Operating Transfer to General Fund Object Code for PC
replacement acquisitions for 2004 in the Public Works /Sewer Service Fund.
D002445 Budget revision in the Department of Technology and Management Services to provide one
activity source for funding the training and preparations needed for the Microsoft Office Migration
Proj ect.
D002446 Amending the spending plans for Public Works General Fund Activities to correct overages in
activity 02190.
D002447 Moving spending budgets to the Operating Transfer to General Fund object code for PC
replacement acquisitions for 2004 in the Public Works Street Maintenance Fund.
D002448 Moving spending budgets to the Operating Transfer to General Fund object code to pay for PC
replacement acquisitions for 2004 in the Public Works Administration Fund.
D002449 Moving spending budgets to the Operating Transfer to General Fund object code to pay for PC
replacement acquisitions for 2004 in the Public Works Traffic Fund.
D022450 Moving spending budgets to the Operating Transfer to General Fund object code to pay for PC
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replacement acquisitions for 2004 in the Public Works Engineering Fund.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Resolution - 04 -1098 - Honoring Elizabeth DeCourcy and proclaiming Wednesday, November 24,
2004 as Elizabeth DeCourcy Day in the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
11. Resolution - 04 -1079 - Approving the Collective Bargaining Agreement between the City and the
Lakes and Plains Regional Council of Carpenters and Joiners for May 1, 2004 through April 30, 2007.
(Laid over from November 17 for adoption) AdoptedYeas - 6Nays - 0
12. Resolution - 04 -1080 - Approving the Memorandum of Agreement between the City and AFSCME
Local 1842 (Technical). (Laid over from November 17 for adoption)
Adopted Yeas - 6 Nays - 0
13. Resolution - 04 -1081 - Approving the Memorandum of Understanding between the City and the St.
Paul Police Federation. (Laid over from November 17 for adoption)
Adopted Yeas - 6 Nays - 0
14. Resolution - 04 -1099 - Approving the use of Neighborhood STAR Investment Initiative Funds for
the 6th Street Gateway Project and the Dayton's Bluff Greening Project.
Adopted Yeas - 6 Nays - 0
15. Resolution - 04 -1100 - Approving the decision of the Legislative Hearing Officer on Appeal for
Letter of Deficiency at 1921 Feronia Avenue.
Adopted Yeas - 6 Nays - 0
16. Resolution - 04 -1101 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices, and Correction Orders for: 1138 Sylvan Street, 1598 Hazel
Street North, and 1735 Dayton Avenue.
Adopted Yeas - 6 Nays - 0
17. Resolution - 04 -1102 - Authorizing staff to enter into an agreement with the Saint Paul Chapter of
the First Tee youth golf development program.
Adopted Yeas - 6 Nays - 0
18. Resolution - 04 -1103 - Authorizing the proper City officials to provide funds, not to exceed $3,000,
to the Rice Street Business Association for reimbursement of expenses paid towards the Rice Street
Festival and Parade.
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Adopted as amended Yeas - 6 Nays - 0
19. Resolution - 04 -1104 - Authorizing the Police Department to enter into a lease agreement with the
Minnesota State Agricultural Society to lease portions of the fairgrounds for winter storage of motor
vehicles impounded for violation of parking ordinances.
Adopted Yeas - 6 Nays - 0
20. Resolution - 04 -1105 - Accepting materials and supplies, with an estimated value up to $5,000, from
the Ranking Officers Association for updating the Police Department's gym facility to enhance the
physiological readiness of its police officers.
Adopted Yeas - 6 Nays - 0
21. Resolution - 04 -1106 - Authorizing the withholding of tax forfeit parcels from public sale for six
months.
Adopted Yeas - 6 Nays - 0
22. Resolution - 04 -1107 - Executing a five -year lease between the City and Snelling /Hamline
Community Council to provide community garden plots.
Adopted Yeas - 6 Nays - 0
23. Resolution - 04 -1108 - Adopting the FY 2004 Large Neighborhood STAR Program.
Adopted as amended Yeas - 6 Nays - 0
24. Resolution - 04 -1109 - Memorializing City Council action taken November 3, 2004 granting the
application of Patrick llfrey for a Subdivision (lot split) to create three single - family residential parcels
at 1374 Woodbridge Street, with variance of the requirement that lots have frontage on an improved
street, between Cottage Avenue and Northern Pacific Railroad.
Adopted Yeas - 6 Nays - 0
25. Resolution - 04 -1110 - Memorializing City Council action taken November 3, 2004 granting the
application of Legacy Management and Development Corporation for a combined plat proposed for a
mixed -use residential - institutional development at 626 University Avenue.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
26. Resolution - 04 -1097 - Supporting the State Freedom to Breathe For All Act and encouraging the
84th State Legislative Session to pass legislation prohibiting smoking in bars and restaurants statewide.
(Laid over from November 17)
Adopted as amended Yeas - 6 Nays - 0
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27. Review the Correspondence from Assistant City Attorney John McCormick, concerning the role,
authority, and responsibility of the City Council in the Collective Bargaining Process and the approval
of collective bargaining agreements.
The Council directed that John McCormick to draft language regarding the procedure to change the
Legislative Code for further consideration.
28. 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, 27 and November 17)
Laid over to December 8 Yeas - 6 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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
29. Final Adoption - 04 -1027 - An ordinance concerning City Council approval of the City's lobbyists
and legislative agendas.
Adopted Yeas - 6 Nays - 0
30. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
31. Second Reading - 04 -1093 - An ordinance amending Chapter 310.19 of the Saint Paul Legislative
Code to eliminate the dollar amounts and simply replace them with a discount percentage for those
liquor licensees who provide alcohol awareness training to their staff.
Laid over to December 1 for third reading /public hearing
32. First Reading - 04 -1111 - An ordinance amending Saint Paul Legislative Code 61.302 entitled
"Application forms and fees" by adding new language which changes the fees charged by the
Departments of License, Inspection and Environmental Protection and Planning and Economic
Development for certain zoning applications and collected for the purpose of defraying the costs
associated with processing, preparing and presenting zoning applications to City agencies.
Laid over to December 1 for second reading
Recalled Item
Resolution - 04 -1016 - Approving the Memorandum of Agreement between the City of St. Paul and
United Association of Pipefitters Local 4455. (Laid over from October 27 and November 17)
Adopted Yeas - 6 Nays - 0
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Suspension Item
Resolution - 04 -1127 - Authorizing the City to retain David McDonald and the law firm of Briggs and
Morgan as special counsel for the matter of the appeal of Kurt Schwichtenberg.
Adopted Yeas - 6 Nays - 0
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