Minutes 12-1-2004Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 1, 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
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
Present - 4 - Harris, Helgen, Lantry, Montgomery
Absent - 3 - Bostrom (excused), Benanav (arrived after roll call),
Thune (arrived after the consent agenda)
CONSENT AGENDA (Items I -13)
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 Richard Boyles and Joshua Magnuson.
Referred to Risk Management
2.Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 21, 2004 at 9:30 a.m., Room 41 St. Paul City Hall, to consider the application for Renewal
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 2 of 7
of Saint Paul Taxicab Driver's License by Joseph C. Huber.
3.Letter from the Office of the City Attorney announcing a Notice of Intent to Revoke Provisional
Operator Status (provisional taxicab driver's license) of Muktara Sharifali for failure to enroll in and /or
successfully complete the taxicab driver training course pursuant to the Saint Paul Legislative Code.
4.Letters from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, indicating the City's intent to revoke the rental registration certificate for the
following properties unless an appeal is filed within thirteen (13) days from the date of notice: 614
Edmund Avenue, 941 Edmund Avenue, 365 Fuller Avenue, 301 Lafond Avenue, 1173 Margaret Street,
1146 Ross Avenue, 1173 St. Paul Avenue, 548 Van Buren Avenue, 478 Thomas Avenue, and 614
Western Avenue N.
FOR ACTION
5.Resolution - 04 -1112 - Appointing Councilmember Daniel Bostrom to the Transportation Advisory
Board and the Saint Paul Transportation Management Organization Board.
AdoptedYeas - 5Nays - 0
6.Resolution - 04 -1113 - Approving the appointment of Jose Gonzalez, by Mayor Kelly, to the Cultural
STAR Board.
AdoptedYeas - 5Nays - 0
7.Resolution - 04 -1114 - Accepting donations in the amount of $10,000 from the 3M Foundation and
$80,000 from St. Paul Travelers Foundation to help fund the Capital City Education Initiative.
AdoptedYeas - 5Nays - 0
8.Resolution - 04 -1115 - Establishing the rate of pay for the new classification titled Public Works
Accounting Coordinator in Grade 17 of the Saint Paul Supervisors Association (SPSO) Bargaining Unit
09 Salary Schedule in the Salary Plan and Rates of Compensation.
AdoptedYeas - 5Nays - 0
9.Resolution - 04 -1116 - Approving the issuance of $2,800,00 of conduit tax exempt 501(c)(3) revenue
notes for St. Pascal Baylon School to refinance an addition and improvements to the facility at 1757
Conway Street.
AdoptedYeas - 5Nays - 0
10.Resolution - 04 -1117 - Accepting the donation of the design, construction, installation and ongoing
maintenance of a labyrinth from the Saint Paul - Nagasaki Sister City Committee to be installed southwest
of the pedestrian bridge over Lexington Parkway in Como Regional Park.
AdoptedYeas - 5Nays - 0
I l Resolution - 04 -1118 - Entering into an agreement with the Burlington Northern and Santa Fe Railway
Company and the Commissioner of Transportation for installation and maintenance of a four - quadrant
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 3 of 7
railroad flashing light signal gate system with pedestrian gates at the intersection of Como Avenue with
the track of BNSF on Como Avenue southeast of Lake Como.
Laid over to December 15Yeas - 5Nays - 0
12.Resolution - 04 -1119 - Denying the application for a New Dance or Rental Hall Business License
submitted by Grand Lodge of Minnesota, 2380 Hampden Avenue.
AdoptedYeas - 5Nays - 0
13.Resolution - 04 -1120 - Indemnifying and holding harmless Culture Inc. for its sponsorship of the
outdoor skating rink at Landmark Plaza from December 2004 through February 2005.
AdoptedYeas - 5Nays - 0
FOR DISCUSSION
14.Confirming City Council action taken November 17, 2004 denying the application of Chris Kusch for
a Combined Plat to create two single - family lots at 1602 Maryland Avenue.
The reasons for denying the application of Chris Kusch were submitted by Councilmember Bostrom and
read into the record.
15.Resolution Ratifying Assessment - 04 -972 - In the matter of the assessment of benefits, cost and
expenses for the demolition of a vacant building (garage) at
1854 Benson Avenue during July 2004. (File No. J0404C) (Public hearing held October 6; laid over from
November 3)
Laid over to December 15 Yeas - 6 Nays - 0
16.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 on November 24
17.Report from Bob Sandquist, Director of the Department of Public Work, on the latest enhancements to
the snow emergency notification process; improved snow and ice removal plans; and the plans for extra
towing ahead of the snow plows for improved winter street maintenance.
A report was presented by Bob Sandquist and Bruce Beese, Department of Public Works.
Council requested that Council Research staff obtain information on options that may be available to
individuals whose car has been towed during a snow emergency and do not have cash on hand to get their
car out of the impound lot in a timely manner.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 4 of 7
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
18.Second 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 22 for third reading /public hearing
19.First Reading - 04 -1121 - An ordinance memorializing City Council action granting the application of
Island Station LLC to rezone property from I2 (General Industrial) to TN2 (Traditional Neighborhood)
for a residential mixed -use development at 436 Shepard Road (380 Randolph Avenue), SE of the
intersection of new Shepard Road and Randolph Avenue. (Public hearing held November 3, 2004)
Laid over to December 8 for second reading
PUBLIC HEARINGS
20.Third 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 8 for final adoption
21.Resolution - 04 -1122 - Establishing both sides of Summit Avenue from Prior Avenue to Howell Street
as "No Parking 8:00 a.m. to 8:00 p.m. Monday through Friday Except by Permit."
AdoptedYeas - 6Nays - 0
22.Resolution - 04 -1123- Revising "No Parking 8:00 a.m. to 4:00 p.m. Monday- Friday; No Parking 8:00
a.m. to Noon Saturdays, Except Holidays, Except by Permit" Area 12 to "No Parking 8:00 a.m. to 7:00
p.m. Except Holidays, Except by Permit" Area 12 on both sides of Howell, Prior and Kenneth (excluding
the east side of Prior from Randolph to James) between Randolph and Palace. And, install "No Parking
8:00 a.m. to 4:00 p.m. Monday- Friday, No Parking 8:00 a.m. to Noon Saturdays, Except Holidays,
Except by Permit" Area 12 on the south side of Palace from Kenneth to 150 feet west.
Withdrawn
23.Resolution - 04 -1124- Approving adverse action against all licenses held by Diamond Dewey's, Inc.
d/b /a Pub East, 1180 7th Street East.
AdoptedYeas - 6Nays - 0
24.Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by
M. Reaney, Inc., d/b /a Reaney's Bar, 870 Payne Avenue.
Public hearing held, closed, and laid over to December 8
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 5 of 7
Yeas - 6Nays - 0
25.Resolution - 04 -1125 - Ordering the owner to remove or repair the building(s) at 475 Beaumont Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the December 14 Legislative Hearing and the December 22 City Council Hearing provided: 1) the
vacant building fees are paid; and 2) a code compliance inspection report is obtained)
Adopted Yeas - 6Nays - 0
26.Resolution - 04 -1126 - Ordering the owner to remove or repair the building(s) at 801 Sims Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is
forthcoming)
Adopted as amended (remove or repair within five (5) days)
Yeas - 6Nays - 0
27.Appeal of Elizabeth Speaker to a Notice of Condemnation and Order to Vacate property at 780
Capitol Heights. (Legislative Hearing Officer's recommendation is forthcoming)
Public hearing held, closed, and laid over to December 8
Yeas - 6 Nays - 0
28.Appeal of Patricia Lindgren to a Correction Notice and Letter of Excessive Consumption for property
at 582 Charles Avenue. (Legislative Hearing Officer recommends denying the appeal)
Appeal Denied on the Correction Notice
The Legislative Hearing Officer recommended deletion of the excessive consumption bill when it comes
forward as an assessment.
Yeas - 6Nays - 0
29.Appeal of Ed Reyes to a Deficiency List, which includes condemnation, for property at 1315 Rice
Street. (Legislative Hearing Officer recommends denying the appeal)
Appeal Denied Yeas - 6Nays - 0
30.Appeal of Lawrence Walker to a Notice to Revoke Registration Certificate for property at 478 Thomas
Avenue. (Legislative Hearing Officer recommends denying the appeal)
Appeal DeniedYeas - 6Nays - 0
31.Appeal of William and Adriana Shelton to a Summary Abatement Order for property at 195 White
Bear Avenue North. (Legislative Hearing Officer recommends changing the compliance date to
December 22, 2004)
Appeal denied and compliance date changed to December 22, 2004
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 6 of 7
Yeas - 6Nays - 0
32.Appeal of Selwin Ortega to a Deficiency List, including condemnation, for property at 828 White
Bear Avenue North. (Legislative Hearing Officer recommends denying the appeal)
Appeal DeniedYeas - 4Nays - 0 (Helgen and Thune not present)
33.Appeal of Rosalie Gonsor to a Notice of Condemnation and Order to Vacate for property at 890 York
Avenue. (Legislative Hearing Officer's recommendation is forthcoming)
Appeal Denied Yeas - 4Nays - 0 (Helgen and Thune not present)
34.Public hearing 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)
Public hearing held, closed, and laid over to December 15
Yeas - 5Nays - 0 (Helgen not present)
35.Public hearing to consider the appeal of Kelly & Mary Michel, 1893 Sargent Avenue, to a decision of
the Board of Zoning Appeals granting a side yard setback variance in order to construct an addition on
the east side of the house at 1899 Sargent Avenue. (Zoning File 04- 112170)
Motion of Intent - Appeal Denied Yeas - 5Nays - 0
The variance was modified to allow for a side yard setback of 3.5 ft. with
eaves that project no more than 12 inches.
36.Public hearing 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)
Public hearing held, closed, and laid over to December 15
Yeas - 6 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. inn. us /council /
Cable
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010
Page 7 of 7
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 S: 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— l\LOCALS —l\ Temp \ELF20101215_164619\Minutes 12... 12/15/2010