Minutes 6-16-2004Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 16, 2004 - 3:30 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
• Suspension Items
Present - 5 - Benanav, Bostrom, Harris, Lantry, Thune
Absent - 2 - Helgen, Montgomery (arrived after the Consent Agenda)
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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1.Claims of Brenda Allal, Tou Her, Molly Hoskin, Margery Jeddeloh, James Novak, Anna Spielman and
Mindy Wilkins.
Referred to the Risk Management Division
2.Summons and Complaint in the matter of Timberland Lumber Company, Inc. and Framing Systems,
Inc. vs. the City of Saint Paul, et al.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010
Page 2 of 6
Referred to the City Attorney's Office
3.Notice of Claim in the matter of Nathan Miller vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4.Communication from Mayor Kelly dated June 3, 2004, announcing his veto of Council File 04 -545,
adopted May 25, 2004, memorializing City Council action taken April 28, 2004, granting the appeal of
the District 6 Planning Council to a decision of the Planning Commission approving a Conditional Use
Permit for a six -unit (3 twin homes) cluster development at 1070 Burgess Street.
5.Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 23, 2004 to consider the application for a sound level variance by
Toua Xiong, owner, representing International Market Place, 217 Como Avenue, to allow a live music
performance for the hours of 8:00 a.m. to 7:00 p.m. on June 26 and June 27, 2004.
6.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, declaring 1005 Sherburne Avenue as nuisance property and setting date of
Legislative Hearing for June 22, 2004 and City Council Hearing for July 7, 2004.
7.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, declaring 79 Atwater Street as nuisance property. (For notification purposes only; a
public hearing will be scheduled at a later date if necessary.)
8. Administrative Order:
D002415Granting a license to Knutson Construction Company to encroach upon air space over the
facility at 100 East 11th Street.
Noted as on file in the City Clerk's Office
FOR ACTION
9.Resolution - 04 -590 - Approving the Memorandum of Agreement between the City of Saint Paul and
Pipe Fitters Local Union 4455 for the 2004 Wage and Fringe Adjustment. (To be laid over one week for
adoption)
Laid over to June 23 for adoption
10.Resolution - 04 -591 - Approving the appointments, by Mayor Kelly, of Peter Eigenfeld, Ellery July,
Peter Pittman, Kate Barr, Mary Ellen Radmann, and Carneice Poe and the reappointments of Kerry
Antrim, Ray Hess, and Russell Miller to the Neighborhood STAR Board.
Laid over to July 14Yeas - 7Nays - 0
I l Resolution - 04 -592 - Approving the reappointment of Patrick Harris to the Family Housing Fund
Board.
AdoptedYeas - 5Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010
Page 3 of 6
12.Resolution - 04 -593 - Allocating $395,000 in Cultural STAR receipts on a one -time basis to eligible
cultural organizations for general operating support and requesting that the Cultural STAR Board solicit
and review applications and submit allocation recommendations to the Mayor by July 21, 2004, based
upon eligibility and allocation formula guidelines.
Laid over to July 7Yeas - 7Nays - 0
13.Resolution - 04 -594 - Approving the application with conditions, per the Legislative Hearing Officer,
for Liquor Off Sale, Retail Food Grocery, and Cigarette /Tobacco Licenses by Capital Wine and Spirit,
531 Rice Street.
AdoptedYeas - 5Nays - 0
14.Resolution - 04 -595 - Approving the May 11, 2004 decisions of the Legislative Hearing Officer on
Appeals of Letters of Deficiency, Correction Notices and Correction Orders for 306 Ruth Street North -
Unit 9, 483 Sherburne Avenue, 671 Western Avenue North, and 2218 Doswell Avenue.
AdoptedYeas - 5Nays - 0
15.Resolution - 04 -596 - Making no recommendation to the Board of Ramsey
County Commissioners' request for the repurchase application for property at 44 Bates Avenue.
AdoptedYeas - 5Nays - 0
16.Resolution - 04 -597 - Revoking the rental registration certificate for property at 948 4th Street East
registered to Michael Haus.
AdoptedYeas - 5Nays - 0
17.Resolution - 04 -598 - Approving a lease agreement between the BWC and VoiceStream Mpls. Inc.
allowing installation and operation of a wireless communication system at the St. Anthony Park Water
Tower in St. Paul.
AdoptedYeas - 5Nays - 0
18.Resolution - 04 -599 - Approving Release of Flowage Rights over certain
privately owned real estate in Anoka County on behalf of the Saint Paul Board of Water Commissioners.
AdoptedYeas - 5Nays - 0
19.Resolution - 04 -600 - Holding Saint Agnes Church and School harmless for
the Division of Parks and Recreation's use of their gymnasium for the Star of the North Games in June
2004.
AdoptedYeas - 5Nays - 0
20.Resolution - 04 -601 - Holding Saint Bernard's Church and School harmless for the Division of Parks
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010
Page 4 of 6
and Recreation's use of their school gymnasium for the Star of the North Games in June 2004.
AdoptedYeas - 5Nays - 0
21.Resolution - 04 -602 - Authorizing the Division of Parks and Recreation's staffing plans for the venues
involved in the Star of the North Games.
AdoptedYeas - 5Nays - 0
22.Resolution - 04 -603 - Approving payment in the amount of $21,276.81 to Zurich North America as
subrogee of Red House Records in full settlement of their claims against the City of Saint Paul.
AdoptedYeas - 5Nays - 0
23.Resolution - 04 -604 - Approving payment in the amount of $10,000 to Timothy Bowie and his
attorneys, Grieffel & Dorshow, in full settlement of their claims against the City of Saint Paul.
AdoptedYeas - 5Nays - 0
24.Resolution - 04 -605 - Amending the budget in the Department of Public Works by transferring funds
from the Street Repair and Cleaning Fund to the Sidewalk Reconstruction Program to reflect an increase
in the volume of work proposed for 2004.
AdoptedYeas - 5Nays - 0
25.Resolution Approving Assessment - 04 -606 - 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 Floors
4, 5, and 6, and setting date of public hearing for July 28, 2004. (File No. FP2003 -01B)
AdoptedYeas - 5Nays - 0
FOR DISCUSSION
26.Resolution - 04 -580 - Approving the establishment of the Tenth and Jackson Street Tax Increment
Financing District, approving a tax increment financing plan, and approving the modification of the
redevelopment plan for the North Quadrant Redevelopment Project Area. (Public hearing held and laid
over from June 2)
Laid over to June 23Yeas - 7Nays - 0
27.Consideration of the appeal of Glenn Picha to a decision of the Board of Zoning Appeals denying a
request to modify a condition of a previous variance in order to widen a curb cut at 1719 Field Avenue.
(Public hearing held and laid over from June 2)
Laid over to June 23Yeas - 7Nays - 0
28.Resolution - 04 -456 - Approving the petition of the Housing and Redevelopment Authority to vacate
the east half of the alley in the block bounded by University Ave., Dale St., Aurora Ave., and St. Albans
St. in order to develop a new library and new housing. (File No. 04 -2004) (Public hearing held May 26;
laid over from June 9)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010
Page 5 of 6
Adopted as amendedYeas - 7Nays - 0
29.Report from Council Research on its findings pertaining to the contract executed between the City of
St. Paul and Winthrop & Weinstine for the preparation, revision, and analysis of legislation authorizing
construction of a professional baseball stadium in St. Paul. (Report requested by the Council on June 2;
C.F. 04 -585)
Laid over to June 23
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.
30.Final Adoption - 04 -520 - An ordinance prohibiting smoking in bars and restaurants; creating
responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation. (Amended
and laid over from June 2 and June 9)
Amended and laid over to June 23
Yeas - 5Nays - 2 (Benanav, Helgen)
31.Final Adoption - 04 -521 - An ordinance exempting off -sale licenses issued to hotels /motels from the
calculation of the half -mile radius in the downtown business district and creating a half -mile radius
around the Xcel Energy Center in which off -sale liquor establishments are prohibited. (Adopted June 2;
reconsidered and laid over from June 9)
Laid over to June 23Yeas - 7Nays - 0
32.Third Reading - 04 -578 - An ordinance memorializing City Council action granting the application of
Alfred & Hoyoko Yahanda to rezone property from RM -1 (Multiple - Family Residential) to B -2
(Community Business) at 1435 Cleveland Avenue North, southwest corner at Buford. (Public hearing
held May 5, 2004)
Laid over to June 23 for final adoption
33.Third Reading - 04 -579 - An ordinance memorializing City Council action granting the application of
Marlin Broberg to rezone property at 337 Atwater Street, between Farrington and Western, from RM -2
(Multi - family Residential) to I -1 (Industrial) to provide off - street parking and storage of equipment and
supplies. (Public hearing held May 5, 2004)
Laid over to June 23 for final adoption
34.First Reading - 04 -607 - An ordinance memorializing City Council action granting the application of
Scott McClure to rezone property from RM -1 (Multiple - Family Residential) and B -2 (Community
Business) to B -3 (General Business) to expand an auto repair business at 906 and 914 Randolph Avenue.
(Public hearing held May 26, 2004)
Laid over to June 23 for second reading
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010
Page 6 of 6
Suspension Items:
Resolution 04 -608 - Approving the license application with conditions, per the Legislative Hearing
Officer, for Malt Off Sale, Gas Station, Retail Food Grocery, and Cigarette /Tobacco Licenses by Ken
Jedneak, co- owner, doing business as Express Mart, 1980 Stillwater Avenue.
AdoptedYeas - 5Nays - 0
(Helgen and Montgomery not present for vote)
Resolution - 04 -609 - Approving the purchase of property at 1778 East Seventh Street for the
improvement of the intersection at Seventh Street and White Bear Avenue.
AdoptedYeas - 5Nays - 0
(Helgen and Montgomery not present for vote)
Resolution 04 -610 - Honoring Harold John Miller by declaring June 17, 2004 as Harold John Miller Day
in the City of Saint Paul.
AdoptedYeas - 7Nays - 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:
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.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171707\Minutes 6 -... 12/15/2010