Minutes 12-8-2004Page 1 of 8
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 8, 2004 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8564
Chris Rider - 651- 266 -6633
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
Present - 4 - Bostrom, Helgen, Lantry, Montgomery
Absent - 3 - Benanav, Harris, Thune (arrived after the consent agenda)
CONSENT AGENDA (Items 1 -46)
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 Elinore Ann Groff, Luther Nissan Kia, Debra Mueller, Northern States Power Company
(Xcel Energy), Paul Seabloom, Carolyn Strand and Thomas Thueson.
Referred to Risk Management
2.Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider the petition of Martin Art Bustad to vacate a portion of West Idaho Avenue in order
to create a building site.
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3.Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider the petition of David Thornton to vacate a portion of Galtier Street in order to
improve safety.
4.Letters from Neighborhood Housing and Property Improvement declaring 1050 Hague Avenue, 129
Sycamore Street West, 697 Virginia Street, as nuisance properties and setting date of Legislative
Hearings for December 14, 2004 and City Council Hearings for December 22, 2004.
5.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: 464 Blair
Avenue, 1024 Central Avenue West, 568 Charles Avenue, 758 Charles Avenue, 690 Conway Street, 423
Fairview Avenue North, 771 Fuller Avenue, 562 Galtier Street, 607 Galtier Street, 699 Hawthorne
Avenue East, 517 Minnehaha Avenue East, 633 Palace Avenue East, 852 Randolph Avenue, 1221 Rice
Street, 1360 Taylor Avenue, and 754 University Avenue West.
6. Administrative Order:
D002451Authorizing payment, not to exceed $825.00, to Holiday Inn -Saint Paul East for expenses
associated with Police Department training on November 22, 2004.
Noted as on file in the City Clerk's Office
FOR ACTION
7.Resolution - 04 -1127- Approving the appointment of Shamus O'Meara, by Mayor Kelly, to the
RiverCentre Authority.
AdoptedYeas - 4Nays - 0
8.Resolution - 04 -1128 - Approving the application, per the Legislative Hearing Officer, for a Gambling
Manager's License by Quinn Chavez, West Side Booster Club, 567 Stryker Avenue.
AdoptedYeas - 4Nays - 0
9.Resolution - 04 -1129 - Authorizing the Division of Parks and Recreation to accept a monument from
the Hamm's Club, Inc. to be placed on the Seventh Street Mall. AdoptedYeas - 4Nays - 0
10.Resolution - 04 -1130 - Supporting a new state law involving document production as it relates to
eminent domain.
Substitute introduced and laid over to December 15
Yeas - 6Nays - 0 (Thune not present for vote)
I l Resolution - 04 -1131 - Supporting authorization for Saint Paul to offer an off -sale liquor license to an
establishment within a half -mile of the University of Minnesota's Agricultural College.
Substitute introduced and adoptedYeas - 7Nays - 0
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12.Resolution - 04 -1132 - Supporting a change in state law to authorize Ramsey County to issue a wine
license for the Minnesota State Fair.
Withdrawn
13.Resolution - 04 -1133 - Supporting Ramsey County's Legislative Package.
Substitute introduced and adopted Yeas - 7Nays - 0
14.Resolution - 04 -1134 - Supporting Saint Paul's Federal Priorities.
Adopted Yeas - 4Nays - 0
15.Resolution - 04 -1135 - Supporting the League of Minnesota Cities' Legislative Agenda.
Substitute introduced and adopted Yeas - 7Nays - 0
16.Resolution - 04 -1136 - Supporting the Association of Metropolitan Municipalities Legislative Agenda.
Withdrawn
17.Resolution - 04 -1137 - Supporting a technical amendment to treat several TIF Districts as "Distinct"
TIF Districts.
Substitute introduced and adopted Yeas - 7Nays - 0
18.Resolution - 04 -1138 - Supporting state tax and fiscal policy changes: restore LGA cuts, resist limited
market value phase -out, and extending reverse repurchase agreement authority to the City of Saint Paul.
Substitute introduced and adopted Yeas - 7Nays - 0
19.Resolution - 04 -1139 - Supporting changes in state law to maintain Saint Paul's quality of life.
Substitute introduced and adopted Yeas - 7Nays - 0
20.Resolution - 04 -1140 - Supporting waiver of punitive damage cap for the City of Saint Paul found in
Minnesota Human Rights Statute to allow Saint Paul to receive HUD funding to investigate housing
discrimination.
Adopted Yeas - 4Nays - 0
21.Resolution - 04 -1141 - Supporting funding for educational efforts in Saint Paul: Youth After - School
Programming, Metro State University, and St. Paul College.
Substitute introduced and adopted Yeas - 7Nays - 0
22.Resolution - 04 -1142 - Supporting state bonding for arts, entertainment, and culture in Saint Paul.
Withdrawn
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23.Resolution - 04 -1143 - Supporting quality building and business in Saint Paul through changes in state
law to extend tenant remedies act and excessive consumption fees.
AdoptedYeas - 4Nays - 0
24.Resolution - 04 -1144 - Supporting public safety in Saint Paul: Homeland Security, Minnesota Gang
Strike Force, and 800 MHz.
Withdrawn
25.Resolution - 04 -1145 - Supporting an historic preservation state tax credit.
Adopted Yeas - 4Nays - 0
26.Resolution - 04 -1146 - Supporting state bonding for transportation projects in Saint Paul.
Substitute introduced, amended and adoptedYeas - 7Nays - 0
27.Resolution - 04 -1147 - Supporting passage of an amendment to Minnesota Statutes Section 609.5317
giving the City Attorney ability to use real estate forfeiture law. Adopted Yeas - 4Nays - 0
28.Resolution - 04 -1148 - Supporting reorganization between the RiverCentre and the Saint Paul
Convention and Visitors Bureau.
Substitute introduced and adopted Yeas - 7Nays - 0
29.Resolution - 04 -1149 - Supporting funding for homeless transition supportive housing.
Adopted Yeas - 4Nays - 0
30.Resolution - 04 -1150 - Supporting bonding projects in Saint Paul.
Substitute introduced and adopted Yeas - 7Nays - 0
31.Resolution - 04 -1151 - Approving payment of $8,000 to Mor Vue and her attorney, Robert Wilson &
Associates, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 4Nays - 0
32.Resolution - 04 -1152 - Authorizing the Department of Fire and Safety Services to conduct various fire
training exercises at the property located at 916 Clarence Street.
Adopted Yeas - 4Nays - 0
33.Resolution - 04 -1153 - Authorizing the Department of Fire and Safety Services to accept a grant of
$100,000 from the State of Minnesota for the 2004 State Homeland Security Program grant to enhance
the City of Saint Paul's ability to respond to CBRNE and weapons of mass destruction incidents
including structural collapse rescue.
Adopted Yeas - 4Nays - 0
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34.Resolution - 04 -1154 - Releasing easements retained by NSP electric and Comcast in the vacated alley
in the Chute Brothers Division No. 1.
Adopted Yeas - 4Nays - 0
35.Resolution - 04 -1155 - Approving a Consent to Assignment of Agreement with Qwest Wireless,
L.L.C. to Cellco Partnership d/b /a Verizon Wireless for operation of wireless communication systems at
the Board of Water Commissioners' St. Anthony Water Tower Site at 1515 North Cleveland Avenue.
Adopted Yeas - 4Nays - 0
36.Resolution - 04 -1156 - Approving a Consent to Assignment of Agreement with Qwest Wireless,
L.L.C. to Cellco Partnership d/b /a Verizon Wireless for operation of wireless communication systems at
the Board of Water Commissioners' Cottage Avenue Standpipe Site at 2095 Clear Avenue.
Adopted Yeas - 4Nays - 0
The following City Council Files were referred to Administrative Law Judge Hearings in the years 1996
through 2003. The City Attorney's Office has verified that the issues have been resolved and the
resolutions can be withdrawn.
37.Resolution 96 -1031 - Approving the application for a Dance or Rental Hall License by Raymond
Hessler, dba Smith Avenue Rental Hall, 627 Smith Avenue South.
Withdrawn
38.Resolution - 96 -1343 - Approving the application for a Cabaret and Restaurant -C License by Private
Protection, Inc., dba PPI/People's Choice, 920 Selby Avenue.
Withdrawn
39.Resolution - 98 -165 - Concerning adverse action against licenses held by Debra Johnson, dba Sports
Break, 1199 Rice Street. Resolution is being reviewed by the City Attorney's Office
40.Resolution - 98 -461 - Approving the application for a Hotel/Motel License by Pooja Corporation, dba
Travel Inn, 149 University Avenue East.
Withdrawn
41.Resolution - 98 -943 - Concerning adverse action against the renewal application for a Taxicab
Driver's License by James Coners, 313 Dale Street North.
Withdrawn
42.Resolution - 00 -379 - Approving the application with conditions for a Pool and Billiard Hall,
Cigarette /Tobacco, Original Container, and MADs (mechanical amusement devices owned and located at
the same business) licenses by Thu Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West.
Withdrawn
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43.Resolution - 00 -675 - Approving the application with conditions for an Auto Repair Garage License
by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East.
Withdrawn
44.Resolution - 00 -793 - Approving the application with conditions for a Recycling Collection Center
License by Glen E. Berhow, dba GB Core, Inc., 500 Bush Avenue.
Withdrawn
45.Resolution - 01 -745 - Suspending the Cigarette /Tobacco License held by Ale Room, Inc., dba The
Buttery, 395 Robert Street.
Withdrawn
46.Resolution - 03 -528 - Approving the application with conditions for a Malt Off Sale License by Chanh
K. Yang, dba Super Convenient Store, 922 Thomas Avenue.
Resolution is being reviewed by the City Attorney's Office
FOR DISCUSSION
47.Resolution - 04 -1157 - Supporting repeal of state law that prohibits the City from imposing residential
electrical franchise fee during the winter months. Substitute introduced and failed
Yeas - 3Nays - 4 (Benanav, Thune, Harris, Montgomery)
48.Resolution - 04 -1070 - Approving adverse action against the second hand dealer license held by Ker
Vang, d/b /a MC Auto Repair & Tire Service, 1202 Dale Street North. (Laid over from November 10)
Laid over to December 22Yeas - 7Nays - 0
49.Report from Council Research staff on recommendations concerning transporting individuals by the
Police Department to the County Detoxification Center. (Report requested by Council on October 27; laid
over from November 17)
A report was given by Marcia Moermond, Council Research Policy Analyst.
50.Consideration of 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 and laid over from December
1)
Adopted the Findings of Fact and Conclusions of the Administrative Law Judge. The City Council
imposed a fine of $1,500 and suspended the license for 30 days with 15 days stayed for a period of 18
months provided there are no further violations.
Yeas - 5Nays - 0 (Benanav, Harris not present for vote)
51.Appeal of Elizabeth Speaker to a Notice of Condemnation and Order to Vacate property at 780
Capitol Heights. (Public hearing held and laid over from December 1)
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Appeal deniedYeas - 6Nays - 0 (Benanav not present for vote)
52.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 November 24)
Laid over to December 15 Yeas - 5Nays - 2 (Benanav, Helgen)
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.
53.Final Adoption - 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.
Amended and laid over to December 15 for final adoption
Yeas - 7Nays - 0
54.Second 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 15 for third reading
55.First Reading - 04 -1158 - An ordinance memorializing City Council action granting the application of
Marathon Ashland Petroleum to rezone property from RT1 (Two - Family Residential) to B3 (General
Business) to expand an auto convenience market at 852 and 862 Johnson Parkway. (Public hearing held
November 17, 2004)
Laid over to December 15 for second reading
Suspension Item
Resolution - 04 -1159 - Amending Council File 04 -456, adopted June 16, 2004, changing a portion of the
description of the east half of the alley vacated in the block bounded by University Avenue, Dale Street,
Aurora Avenue, and Saint Albans Street to accurately reflect the property description.
AdoptedYeas - 7Nays - 0
Council Meeting Information
Website
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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
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on
Channel 18 and repeated on Thursdays at 7:00 p. in., 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. in., and 5:30 p. in.; 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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