Minutes 6-23-2004Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 23, 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
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 21)
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
The following communication was read into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on July 7, 2004 to consider the appeal of the Snelling- Hamline Community Council to a
decision of the Planning Commission granting a conditional use permit to allow seasonal outdoor sales of
fireworks as an accessory use to a shopping center at 1450 University Avenue, SE corner at Pascal.
1.Claims of Scott Joshua Johnson, and Pauline Madline- Perez.
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Referred to the Risk Management Division
2.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 7, 2004 to consider the application of Mark Gergen for a subdivision by
combined plat to create 12 townhouse parcels at 766 Hall Avenue (south of Curtice Street extended east
of Hall Avenue).
3.Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 21, 2004 at 9:30 a.m. in Room 41, St. Paul City Hall, 15 West Kellogg Boulevard, concerning all
licenses held by M. Reaney, Inc. d /b /a Reaney's Bar, 870 Payne Avenue.
4. Administrative Order:
D002416Authorizing the proper city officials to execute a lease agreement with Knutson Construction
Services to provide office and parking space at the Public Safety Building, 100 East Eleventh Street, from
June 15, 2004 through June 14, 2005, during construction of the new State of Minnesota Department of
Human Services Building.
Noted as on file in the City Clerk's Office
FOR ACTION
5.Resolution - 04 -590 - Approving the Memorandum of Agreement between the City of Saint Paul and
the Pipe Fitters Local Union 4455 for the 2004 Wage and Fringe Adjustment. (Laid over from June 16 for
adoption)
AdoptedYeas - 7Nays - 0
6.Resolution - 04 -611 - Approving payment in the amount of $32,500.00 to Farah Heik and his attorneys,
Gempeler, Kenyon & Butwinick, PLC, in full settlement of their claim against the City of Saint Paul.
AdoptedYeas - 7Nays - 0
7.Resolution - 04 -612 - Establishing the rate of pay for the new classification titled Electrical Inspector -
Fire Prevention.
AdoptedYeas - 7Nays - 0
8.Resolution - 04 -613 - Approving the application with conditions, per the Legislative Hearing Officer,
by Bouachao Yang, Queen Asian Restaurant, 1394 Jackson Street, Suite 102, for Entertainment (B), Malt
On Sale (Strong), Restaurant (B) More than 12 Seats, and Wine On Sale Licenses.
AdoptedYeas - 7Nays - 0
9.Resolution - 04 -614 - Requesting an update from the Administration on efforts undertaken by the City
to address relocation of Hmong Immigrants from the Wat Tham Krabok Refugee Camp in Thailand to
Saint Paul.
AdoptedYeas - 7Nays - 0
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10.Resolution - 04 -615 - Approving the May 25, 2004 decisions of the Legislative Hearing Officer on
Appeals of Letters of Deficiency, Correction Orders, and Correction Notices for 671 Western Avenue
North, 950 Arcade Street, 241 Brimhall Street, and 1270 Cleveland Avenue South.
AdoptedYeas - 7Nays - 0
I l Resolution - 04 -616 - Approving the appointment of Ben Perkins, by Mayor Kelly, as Assistant to the
Mayor.
Laid Over to July 14Yeas - 7Nays - 0
12.Resolution - 04 -617 - Establishing a 2004 financing and spending plan in the Police Department for
the Safe and Sober Grant, May Mobilization Program.
AdoptedYeas - 7Nays - 0
13.Resolution - 04 -618 - Authorizing the Police Department to enter into a Memorandum of
Understanding with the Burnsville Police Department for participation in the Internet Crimes Against
Children Task Force (ICAC).
AdoptedYeas - 7Nays - 0
14.Resolution - 04 -619 - Authorizing the Office of Citizen Services, Marketing and Promotions, to pay
$17,350 for printing costs for the Co- Existence brochures.
Laid Over to July 14Yeas - 7Nays - 0
15.Resolution - 04 -620 - Amending the budget in the Police Department by establishing a spending and
financing plan for the master equipment lease purchase agreement to finance two payments for police
vehicles in 2004.
Adopted as amendedYeas - 7Nays - 0
16.Resolution - 04 -621 - Authorizing the execution of a Master Lease to meet ongoing needs for capital
equipment financing.
AdoptedYeas - 7Nays - 0
17.Resolution - 04 -622 - Revoking the rental registration certificate for property at 2175 Temple Court
registered to Burdette Berntson.
AdoptedYeas - 7Nays - 0
18.Resolution - 04 -623 - Revoking the rental registration certificate for property at 472 Cretin Avenue
North registered to Burdette J./ Crystal G. Berntson.
AdoptedYeas - 7Nays - 0
19.Resolution - 04 -624 - Approving the layout prepared by the Department of Transportation for
improvements to part of Trunk Highway (T.H.) 94 which includes adding a third lane in both directions,
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adding bus only shoulder lanes, widening and redecking of the highway bridges over McKnight Road and
Century Avenue, and reconstructing the northwest quadrant of McKnight and T.H. 94, including a new
west bound on -ramp.
AdoptedYeas - 7Nays - 0
20.Resolution - 04 -625 - Approving the naming of the private street on the east side of Hall Avenue,
south of Curtice Street, as City View Lane and allowing the Department of Public Works to issue
addresses along City View Lane.
AdoptedYeas - 7Nays - 0
21.Resolution - 04 -626 - Adopting the City of Saint Paul's June, 2004 Storm Water Permit Annual Report
as required by the City's federally mandated storm water discharge permit.
AdoptedYeas - 7Nays - 0
22.(No item)
FOR DISCUSSION
23.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 June 2;
laid over from June 16)
Laid Over to July 14Yeas - 7Nays - 0
24.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 June 2; laid over from June 16)
Motion of Intent - Appeal Granted with conditionsYeas - 7Nays - 0
25.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 from June 16)
A report was given by Marcia Moermond, Council Research Lead Policy Analyst. The Council requested
Ms. Moermond report back on July 14 with further information.
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.
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26.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 16)
AdoptedYeas - 4Nays - 3 (Bostrom, Harris, Montgomery)
27.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. (Laid over from
June 16)
Amended and Laid over to July 7 for final adoption
Yeas - 7Nays - 0
28.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
29.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
30.Second 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 July 7 for third reading
31.First Reading - 04 -628 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
add a provision relating to seizure and destruction of potentially dangerous animals from owners who do
not comply with conditions placed upon these animals.
Laid over to July 7 for second reading; Council requested that the City Attorney's Office provide a
written report on this issue prior to the second reading on July 7
PUBLIC HEARINGS
32.Third Reading - 04 -584 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
eliminate the requirement that seasonal outside service areas be immediately adjacent to and contiguous
with the structure containing the licensed premises.
Public hearing held and closed; Laid over to July 7 for final adoption
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33.Third Reading - 04 -559 - An ordinance regarding the definition of an "adult bookstore" to remain in
effect until such time as zoning studies have been completed and any action taken based upon the studies.
Public hearing held and closed; Laid over to July 7 for final adoption
34.Resolution - 04 -629 - Approving the application for a sound level variance by Ron Maddox of the
Taste of Minnesota for amplified outdoor music at Harriet Island on July 1 -5, 2004 from 11:00 a.m. to
10:30 p.m.
AdoptedYeas - 6Nays - 0 (Montgomery not present for vote)
35.Resolution - 04 -630 - Approving the application for a sound level variance by Grey Greenwald of MA
Mortenson Company for construction of the Minnesota Public Radio Building at 45 7th Street East from
June 13, 2004 through October 1, 2006 for the hours of 7:00 a.m. to 5:00 p.m.
Adopted as amendedYeas - 7Nays - 0
36.Resolution - 04 -631 - Approving the application for a sound level variance by Toua Xiong, owner,
International Market Place, to allow a live music performance on June 26 and June 27, 2004 from 8:00
a.m. to 7:00 p.m. at 217 Como Avenue.
AdoptedYeas - 7Nays - 0
37.Resolution - 04 -632 - Approving the establishment of the Lexington University Tax Increment
Financing District.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
38.Resolution - 04 -460 - Ordering the owner to remove or repair the building(s) at 635 Western Avenue
North within fifteen (15) days from adoption of resolution. (Laid over from April 28) (Legislative
Hearing Officer recommends amending the order to remove or repair within 30 days)
Adopted (remove or repair within 15 days)
Yeas - 5 Nays - 0 (Harris, Benanav not present for vote)
39.Resolution - 04 -500 - Ordering the owner to remove or repair the building(s) at 906 Duchess Street
within fifteen (15) days from adoption of resolution. (Laid over from May 26) (Legislative Hearing
Officer recommends laying over to the June 22 Legislative Hearings and the June 23 City Council
Hearings)
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
40.Resolution - 04 -633 - Ordering the owner to remove or repair the building(s) at
837 Fourth Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the June 22 Legislative Hearings and the June 23 City Council Hearings)
Laid over to July 7 Yeas - 6 Nays - 0 (Benanav not present for vote)
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41.Resolution Ratifying Assessment - 04 -634 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during January and February 2004. (Laid over
from May 26) (Legislative Hearing Officer recommends the following:
932 Iroquois Avenue (J0401A) - deleting assessment;
1591 Taylor Avenue (J0401A) - approving assessment;
1695 Burns Avenue (J0401A) - approving assessment)
Adopted as amended (per the recommendation of the Legislative Hearing OfficerYeas - 6Nays - 0
(Benanav not present for vote)
42.Resolution Ratifying Assessment - 04 -635 - In the matter of the assessment of benefits, cost and
expenses for summary abatement for excessive consumption of inspection services for property code
violations and summary abatement (property clean -up) during March 2004. (File Nos. J0401E and
J0402A) (Legislative Hearing Officer recommends the following:
287 Annapolis Street East (J0402A) - laying over to the June 22 Legislative Hearings and the June 23
City Council Hearings;
604 Oakdale Avenue (J0402A) - deleting assessment;
636 Central Avenue West (J0402A) - deleting assessment;
795 Edmund Avenue (J0401E) - approving assessment;
636 Fuller Avenue (J0402A) - approving assessment;
671 Fuller Avenue (J040IE) - spreading payment of the assessment over a five year period;
874 Gorman Avenue (J0402A) - approving assessment;
437 Minnnehaha Avenue East (J0401E) - approving assessment;
755 Pierce Butler Route (J0402A) - deleting assessment;
1784 Minnehaha Avenue West (J0402A) - approving assessment;
779 Aurora Avenue (J0402A) - recommendation is forthcoming;
694 Sixth Street East (J0402A) - approving assessment;
1515 Virginia Street (J0401E) - approving assessment)
The following changes were also recommended:
287 Annapolis Street East - approving assessment;
1206 Cook Avenue East - Laid over to July 13 Legislative Hearing and the July 28 City Council public
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hearing (J0402A);
779 Aurora Avenue - Spreading payment of the assessment over a five -year period (J0402A)
Adopted as amended (per the recommendation of the Legislative Hearing Officer Yeas - 6 Nays - 0
(Benanav not present for vote)
922 Charles Avenue - Laid over to the July 13 Legislative Hearing and July 28 City Council public
hearing per the recommendation of the Legislative Hearing Officer Yeas - 7 Nays - 0
43.Appeal of Steve and Ken Johnson to a Summary Abatement Order for property at 469 Whitall Street.
(Legislative Hearing Officer recommends denial)
Appeal DeniedYeas - 6Nays - 0 (Benanav not present for vote)
44.Resolution Ratifying Assessment - 04 -636 - In the matter of construction of a sanitary sewer and
connections in Wyoming Street from approximately 300 feet east of the center line of Stickney Street to
Concord Street and in Concord Street from Wyoming Street to East Annapolis Street. (File No. 18968)
AdoptedYeas - 6Nays - 0 (Benanav not present for vote)
45.Resolution Ratifying Assessment - 04 -637 - In the matter of the assessment of benefits, costs and
expenses for improving Westminster Street from Case Avenue to York Avenue. (File No. 18962A)
AdoptedYeas - 6Nays - 0 (Benanav not present for vote)
46.Public hearing to consider the application of the St. Paul Port Authority for a Final Plat at Westminster
Junction Business Center (bounded by Cayuga St., Whitall St., Payne Ave., and New Phalen Blvd.).
Motion of Intent - Application GrantedYeas - 6Nays - 0
(Benanav not present for vote)
47.Public hearing to consider the application of American Bank of Saint Paul to rezone property at 1578
University Avenue, SE corner at Snelling, from B -2 (Community Business) to B -3 (General Business) to
permit use of an electronic message sign as a business sign.
Motion of Intent - Application GrantedYeas - 7Nays - 0
Suspension Items
Resolution - 04 -627 - Ensuring effective implementation of Saint Paul's ban on smoking in bars and
restaurants.
AdoptedYeas - 4Nays - 3 (Bostrom, Harris, Montgomery)
Resolution 04 -638 - Releasing City interest in Parks property and entering into an agreement with the
West Side Community Health Clinic to do an equitable exchange of property interests (Castillo Park).
AdoptedYeas - 7Nays - 0
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REMINDER: THERE WILL NOT BE A CITY COUNCIL MEETING ON JUNE 30th AS IT IS THE
FIFTH WEDNESDAY OF THE MONTH.
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
http://www.ci.stpaiil.i
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.
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