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Minutes 1-21-2004Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 21, 2004 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651- 266 -8565 Chris Rider - 651- 266 -8633 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Suspension Items Present - 7 - Benanav, Blakey, Bostrom, Harris, Lantry, Montgomery, Thune Absent - 0 CONSENT AGENDA (Items 1 - 41) 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 The following communication was read into the record by Barb Benson: Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 4, 2004, at 5:30 p.m. to consider a petition of the Housing and Redevelopment Authority to find hardship to allow proceeding with the petition to vacate the alley on the block bounded by University Avenue, Dale Street, Aurora Avenue, and St. Albans Street. 1. Claims of Jarrod Berge, Crosby & Associates (attorneys for Alex Serov), Del Co. Limited Partnership, Jerry Johnson, Victoria Leary, Teresa Patton, Schwebel, Goetz & Sieben (attorneys for Sarah Kaudy), and James & Corrine Stoffel. Referred to the Risk Management Division fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 2 of 8 2. Summons and Complaint in the matter of Tina Foss vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. 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 appeal of Harvey Sherman, 89 Mackubin Street, to a decision of the Board of Zoning Appeals granting several variances in order to convert a 16 -unit apartment building at 501 Ashland Avenue into a 24 -unit building and construct a new front entry. 4. Administrative Orders: D002356 Authorizing the proper city officials to expend an amount, not to exceed $750.00, for the purchase of food and beverages for official meetings of the Parks and Recreation Commission held during normal lunch and dinner hours. D002357 Amending the budget in the Department of Planning and Economic Development to reflect the allocation of STAR funds awarded through the Neighborhood Investment Initiative Program. Noted as on file in the City Clerk's Office FOR ACTION 5. Approval of minutes of December 3, and 10, 2003. Adopted Yeas - 7 Nays - 0 6. Resolution - 04 -29 - Authorizing the proper City officials to accept a Metro Greenways Legislative Commission on Minnesota Resources (LCMR) grant of $20,000 to fund habitat and scenic bluff view restoration, and establishing financing and spending plans for this project. Adopted Yeas - 7 Nays - 0 7. Resolution - 04 -30 - Approving the decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 696 Grand Avenue and 33 Hamline Avenue South. Adopted Yeas - 7 Nays - 0 8. Resolution - 04 -31 - Approving an application with conditions, per the Legislative Hearing Officer, for a Health /Sport Club license by Lisa Hane, President, d /b /a Flex Appeal, 1946 St. Clair Avenue. Adopted Yeas - 7 Nays - 0 9. Resolution - 04 -32 - Initiating an Alternative Urban Areawide Review (AUAR) for the Bridges of St. Paul project being proposed by JLT Group for the West Side Flats. Adopted as amended Yeas - 7 Nays - 0 10. Resolution - 04 -33 - Adopting the Summary of the Sun Ray- Suburban Small Area Plan as an addendum to the Saint Paul Comprehensive Plan. Adopted Yeas - 7 Nays - 0 11. Resolution - 04 -34 - Approving a settlement of property damage claim with Kuehn Excavating for repairs made to 507 Arcade Street. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 3 of 8 12. Resolution - 04 -35 - Amending the spending and financing plans in the Department of Public Works for the 2002 and 2003 Sidewalk Reconstruction projects. Adopted Yeas - 7 Nays - 0 13. Resolution - 04 -36 - Amending the spending and financing plans in the Department of Public Works for the Historic Gateway /Fort Road project. Adopted Yeas - 7 Nays - 0 14. Resolution - 04 -37 - Amending prior -year and current -year budgets for adoption of the 2004 Citywide Capital Maintenance Program recommendations. Adopted Yeas - 7 Nays - 0 15. Resolution - 04 -38 - Amending 2004 budgets to prevent a federal grant from paying the City's Central Service Charge. Adopted Yeas - 7 Nays - 0 16. Resolution - 04 -39 - Amending the financing and spending plans of the Livingston -Plato to Fairfield paving project by adding additional PED funding. Adopted Yeas - 7 Nays - 0 17. Resolution - 04 -40 - Authorizing the Internet Crimes Against Children (ICAC) Task Force within the Police Department to accept the donation of three used computers and two used laptop computers, total estimated value of $2,500.00, from Wells Fargo Bank, Corporate Security Office, for use by the ICAC Task Force in the investigation and prevention of child exploitation on the Internet. Adopted Yeas - 7 Nays - 0 18. Resolution - 04 -41 - Establishing a financing and spending plan for police services to be provided for the Metropolitan Council and authorizing the City to enter into an agreement with the Metropolitan Council. Adopted Yeas - 7 Nays - 0 19. Resolution - 04 -42 - Establishing a 2004 financing and spending plan for a grant from the Minnesota Department of Public Safety to the Police Department for the implementation of the Youth Health and Academic Enrichment Program Project. Adopted Yeas - 7 Nays - 0 20. Resolution - 04 -43 - Establishing a 2004 financing and spending plan for a grant from the Minnesota Department of Public Safety to the Police Department for the implementation of the Youth Express's Big and Huge Programs. Adopted Yeas - 7 Nays - 0 21. Resolution - 04 -44 - Establishing a 2004 financing and spending plan for a grant from the Minnesota Department of Public Safety to the Police Department for the implementation of the Youth Achievers Program. Adopted Yeas - 7 Nays - 0 22. Resolution - 04 -45 - Establishing a 2004 financing and spending plan for a grant from the Minnesota Department of Public Safety to the Police Department for the implementation of the Vietnamese Youth Education and Crime Prevention Project. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 4 of 8 23. Resolution - 04 -46 - Establishing a 2004 financing and spending plan for a grant from the State of Minnesota to the Police Department for implementation of the Our Children Program Project. Adopted Yeas - 7 Nays - 0 24. Resolution - 04 -47 - Authorizing the Police Department to accept the donation of a Segway transportation device from the St. Paul Building Owners and Managers Association (BOMA). Adopted Yeas - 7 Nays - 0 25. Resolution - 04 -48 - Memorializing City Council action taken December 17, 2003, granting a renewal application for a currency exchange license for New Money Express, Inc., 785 East Seventh Street, as recommended by the administrative law judge. Adopted Yeas - 7 Nays - 0 26. Resolution - 04 -49 - Memorializing City Council action taken December 17, 2003, denying the application of Eric Weisman, d /b /a Eric Weiman & Associations PA, for a Massage Practitioner and Massage Center (A) license at 287 6th Street East. Adopted Yeas - 7 Nays - 0 27. Resolution - 04 -50 - Suspending all licenses held by San Pelino, Inc. d /b /a Pelino, 1905 Stillwater Avenue, pending payment of second half of 2003 -2004 delinquent liquor license fees and late payment penalties. Adopted Yeas - 7 Nays - 0 28. Resolution - 04 -51 - Suspending the bituminous contractor license held by Gary Oster, d /b /a Daily & Son Blacktopping, Inc., 1900 Fourth Avenue, Newport, MN, pending payment of all delinquent license fees, late charges and submission of a current bond. Adopted Yeas - 7 Nays - 0 29. Resolution - 04 -52 - Suspending the Massage Center A License held by Julia Elliott, d /b /a Angelo's Hair Care, 2028 St. Clair Avenue, pending payment of all delinquent license and late fees. Adopted Yeas - 7 Nays - 0 30. Resolution - 04 -53 - Denying the application for a Saint Paul Taxicab Driver's License by Michael F. Buodewyns. Adopted Yeas - 7 Nays - 0 31. Resolution - 04 -54 - Ordering Minnehaha Tavern, 735 White Bear Avenue, to pay a fine of $1,000 and serve a ten -day suspension of the licenses with $500 of the fine being suspended for a period of eighteen months, with conditions. Adopted Yeas - 7 Nays - 0 32. Resolution - 04 -55 - Suspending the vehicle immobilization license held by Gopher Towing, Inc. pending submission of the required information and documentation to continue operations in the City of Saint Paul. Adopted Yeas - 7 Nays - 0 33. Resolution - 04 -56 - Suspending the tanning facility license held by Edward Williams, d /b /a Williams' Barber Stylist, 759 Raymond Avenue, pending payment of all delinquent license fees and late charges or penalties. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 5 of 8 34. Resolution - 04 -57 - Suspending the tree trimmer license held by Arbor Care Tree Service, 815 Ford Road, Newport, MN, pending submission of current insurance verification. Adopted Yeas - 7 Nays - 0 35. Resolution - 04 -58 - Denying the application for a tree trimmer license by Aric Marehn, d /b /a Pleasant View Tree Service, Inc., 9850 Manning Avenue, Stillwater, due to an incomplete application. Adopted Yeas - 7 Nays - 0 36. Resolution - 04 -59 - Suspending the tree trimmer license held for by Beck Enterprises, Inc, d /b /a River Junction Tree Service, N6357 1323rd Street, Prescott, WI, suspension pending payment of all delinquent license fees and any late charges or penalties. Adopted Yeas - 7 Nays - 0 37. Resolution - 04 -60 - Suspending the lawn fertilizer and pesticide applicator license held by Duane Waldoch, d /b /a Stay Green Lawn Maintenance, pending payment of all delinquent license and late fees. Adopted Yeas - 7 Nays - 0 38. Resolution - 04 -61 - Suspending the tree trimmer license held by Twin City Tree Service, 14332 190th Avenue NW, Elk River, MN, pending payment of all delinquent license fees and any late charges or penalties. Adopted Yeas - 7 Nays - 0 39. Resolution - 04 -62 - Holding Ramsey County and the City of Roseville harmless for St. Paul's use of McCarron's Lake for the Winter Carnival Softball on Ice Tournament. Adopted Yeas - 7 Nays - 0 40. Resolution - 04 -63 - Holding Dean's Tavern, 1986 Rice Street, harmless for St. Paul's use of Dean's Tavern as the host site and tournament headquarters for the 2004 Winter Carnival Softball On Ice Tournament. Adopted Yeas - 7 Nays - 0 41. Resolution Approving Assessment - 04 -64 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during September and October 2003 (J0308A), and boarding -up vacant buildings during August, September, and October 2003 (J0306B), and setting date of Legislative Hearing for February 10, and City Council hearing for February 25, 2004. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 42. Resolution - 04 -16 - Approving Bill of Rights Defense Resolution. (Laid over from January 14) Substitute introduced and adopted Yeas - 6 Nays -1 (Bostrom) 43. Approving the appointment of Lisa Agrimonti by Mayor Kelly, to the Police Civilian Internal Affairs Review Commission. (Laid over from January 14) (As of January 15, a resolution has not been submitted to the City Council) Withdrawn ORDINANCES file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 6 of 8 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 CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER 44. Final Adoption - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new class of occupancy to be known as student housing and providing for the inspection, renewal and enforcement of such certificates for student housing by the City's Fire Marshall. (Laid over from December 23, 2003) Laid over to February 4 for final adoption 45. Final Adoption - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34 of the code. (Laid over from December 23, 2003) Laid over to February 4 for final adoption 46. Final Adoption - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code pertaining to minimum housing maintenance standards and inspections and for the purpose of safeguarding life and property by establishing a smoke detector requirement for student housing occupancies pursuant to Minn. Stat. §299F.011, Subd. 4. (Laid over from December 23, 2003) Laid over to February 4 for final adoption 47. First 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 and laid over to January 28 for second reading Susbension Item Resolution 04 -66 - Approving the reappointment, by Mayor Kelly, of Julia Cruz, to serve on the Police Civilian Internal Affairs Review Commission, in a term to expire December 2, 2006. Adopted Yeas - 7 Nays - 0 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 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. fileJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 7 of 8 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010 Page 8 of 8 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164607\Minutes 1 -... 12/15/2010