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Minutes 7-14-2004Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 14, 2004 - 3:30 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 • Suspension Items Present - 6 - Bostrom, Harris, Helgen, Lantry, Montgomery, Thune Absent - 1 - Benanav CONSENT AGENDA (Items 1 - 31) 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 Anna Baker, Bosshard & Associates, Angela Haukebo, Terry & Janet Lokowich, and Jesse Singer. Referred to the Risk Management Division 2.Communication from Mayor Kelly dated July 6, 2004, announcing his veto of Council File 04 -520, An ordinance prohibiting smoking in bars and restaurants; creating responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation, adopted June 23, 2004, and Council File 04- 627, Ensuring effective implementation of Saint Paul's ban on smoking in bars and restaurants, adopted fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17221I\Minutes 7 -... 12/15/2010 Page 2 of 7 June 23, 2004. 3.Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on July 28, 2004, to consider the application of Robert Nold, representing Knutson Construction Services, 5500 Wayzata Boulevard, Minneapolis, to allow construction at 540 Cedar Street from June 28, 2004 to June 30, 2005 between the hours of 5:00 a.m. and 10:00 p.m. 4.Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on July 28, 2004 to consider the appeal of W. Roger Mollet to a decision of the Planning Commission denying establishment of legal nonconforming use status for a triplex at 1418 Breda, between Albert and Pascal Streets. 5.Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on July 28, 2004 to consider the appeal of the Merriam Park Community Council to a decision of the Planning Commission granting a Conditional Use Permit to allow a cellular telephone antenna located on a free standing pole at 2000 St. Anthony Avenue, SE corner at Wilder Street. 6.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building Code Enforcement, declaring 1011 Saint Paul Avenue as nuisance property and setting date of Legislative Hearing for July 27, 2004 and City Council Hearing for August 4, 2004. 7.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building Code Enforcement, declaring 705 Farrington Street as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary. 8.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: 847 Agate Street, 977 Aurora Avenue, 550 Blair Avenue, 1107 Burns, Avenue, 1028 Carroll Avenue, 250 Duke Street, 739 Fuller Avenue, 763 Fuller Avenue, 770 Fuller Avenue, 735 Holton Street, 927 Iglehart Avenue, 931 Marion Street, 551 Michigan Street, 1647 Minnehaha Avenue East, 395 Thomas Avenue, and 518 Van Buren Avenue. FOR ACTION 9.Resolution - 04 -639 - Approving the Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1, from May 1, 2004 through April 30, 2007. (Laid over from July 7 for adoption) AdoptedYeas - 6 Nays - 0 10.Resolution - 04 -640 - Approving the Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 633, from May 1, 2004 through April 30, 2007. (Laid over from July 7 for adoption) AdoptedYeas - 6 Nays - 0 I l Resolution - 04 -679 - Approving the Memorandum of Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers Local 4110 for the 2004 Wage and Fringe Adjustment. (To be laid over one week for adoption) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17221I\Minutes 7 -... 12/15/2010 Page 3 of 7 Laid over to July 21 for adoption 12.Resolution - 04 -680 - Approving the Memorandum of Agreement between the City of Saint Paul and Sprinkler- Fitters Local 4417 for the 2004 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to July 21 for adoption 13.Resolution - 04 -681 - Approving the Memorandum of Agreement between the City of Saint Paul and the Sheet Metal Workers International Association Local 10 for the 2004 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to July 21 for adoption 14.Resolution - 04 -682 - Approving the Memorandum of Agreement between the City of Saint Paul and United Association Plumbers Local No. 34 for the 2004 Wage and Fringe Adjustment. (To be laid over one week for adoption) Laid over to July 21 for adoption 15.Resolution - 04 -683 - Revoking the rental registration certificate for property at 642 Fairview Avenue registered to Ruben Galarza Marchan and Mark M. Babcock. AdoptedYeas - 6Nays - 0 16.Resolution - 04 -684 - Authorizing the Department of Fire and Safety Services to conduct various fire training exercises at 404 South Mississippi River Boulevard. Adopted Yeas - 6Nays - 0 17.Resolution - 04 -685 - Approving the funding for Cycle 10 of the Cultural STAR Program. Laid over to July 28 Yeas - 6Nays - 0 18.Resolution - 04 -686 - Authorizing a spending and financing plan for two trail grants from the Minnesota Department of Natural Resources for trails in Marydale Park and along Furness Parkway. Adopted Yeas - 6Nays - 0 19.Resolution - 04 -687 - Approving an agreement with the Capital City Partnership for installation and maintenance of the Peanuts character statues in Rice Park. Adopted Yeas - 6Nays - 0 20.Resolution - 04 -688 - Accepting a contribution from the Saint Paul Foundation's Charles M. Schulz Sculpture Maintenance Fund and establishing a financing and spending plan in the Division of Parks and Recreation for the contribution. Adopted Yeas - 6Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17221I\Minutes 7 -... 12/15/2010 Page 4 of 7 21.Resolution - 04 -689 - Authorizing the addition of a spending and financing plan for the Division of Parks and Recreation to provide refuse hauling to the Saint Paul Public Library Agency's sites citywide. Adopted Yeas - 6Nays - 0 22.Resolution - 04 -690 - Denying the application submitted by Justine M. Larson, d/b /a ORB, 828 East 7th Street, for liquor, restaurant and cigarette licenses. Adopted Yeas - 6Nays - 0 23.Resolution - 04 -691 - Suspending the Sidewalk Contractor and Concrete Masonry License held by Ronald J. Hanson, d /b /a Hanson's Specialties, Inc. until the licensee provides proof of liability insurance. Adopted Yeas - 6Nays - 0 24.Resolution - 04 -692 - Authorizing the Police Department to accept a donation from Nextel Communications for the use of twelve Nextel phones and air time from July 16 -22, 2004. Adopted Yeas - 6Nays - 0 25.Resolution - 04 -693 - Authorizing the Police Department to enter into an agreement with the State of Minnesota, Century College, for Century College to provide approximately 300 hours of Peace Officers Standards and Training Board approved training. Adopted Yeas - 6Nays - 0 26.Resolution 04 -694 - Authorizing the City to enter into Joint Powers Agreements with North Saint Paul and White Bear Lake in order to share the Police Department's Record Management System with suburban departments. Adopted Yeas - 6Nays - 0 27.Resolution - 04 -695 - Authorizing the proper City officials to execute a Grant of Reciprocal Easement between the City of Saint Paul and the Minnesota Boat Club which will provide for construction of an elevator addition and public restrooms. Adopted Yeas - 6Nays - 0 28.Resolution - 04 -696 - Placing a deed restriction on Upper Landing Park in order to comply with the grant application. Adopted Yeas - 6Nays - 0 29.Resolution - 04 -697 - Approving the residual equity transfer in the Department of Public Works from the Right -of -Way Fund to the Street Repair and Cleaning Fund. Adopted Yeas - 6Nays - 0 30.Resolution Approving Assessment - 04 -698 - 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 Floor file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17221I\Minutes 7 -... 12/15/2010 Page 5 of 7 2, and setting date of public hearing for August 25, 2004. (File No. FP2003 -01 C) Adopted Yeas - 6Nays - 0 31.Resolution Approving Assessment - 04 -699 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean -up) during May 2004 (J0404A); summary abatements for excessive consumption of inspection services for property code violations for March and part of April 2004 (J0402E); demolition of a vacant building at 1069 Greenbrier Street during May 2004 (J0402C); boarding up a building at 526 Selby Avenue during March 2004 (J0402B1); summary abatement (property clean -up) during July 2003 at 988 Iglehart Avenue (J0306A3); and summary abatements (property clean -up) during April 2004 (J0403A); and setting date of public hearing for August 25, 2004. Adopted Yeas - 6Nays - 0 FOR DISCUSSION 32.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 June 16) AdoptedYeas - 6Nays - 0 33.Resolution - 04 -616 - Approving the appointment, by Mayor Kelly, of Ben Perkins as Assistant to the Mayor. (Laid over from June 23) AdoptedYeas - 6Nays - 0 34.Resolution - 04 -642 - Approving the reappointments, by Mayor Kelly, of Georgia Lickness, Karen Reid, and Patrick Toth to the Saint Paul Neighborhood Network Board. (Laid over from July 7) AdoptedYeas - 6Nays - 0 35.Resolution - 04 -643 - Approving the reappointment, by Mayor Kelly, of Matt Anfang to the Board of Water Commissioners. (Laid over from July 7) AdoptedYeas - 6Nays - 0 36.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 and June 23) AdoptedYeas - 5Nays - 1 (Helgen) (An amended Tax Increment Financing Plan was submitted) 37.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 from June 23) Laid over to July 21Yeas - 6Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17221I\Minutes 7 -... 12/15/2010 Page 6 of 7 38.Progress report from Marcia Moermond, Legislative Hearing Officer, on the rehabilitation of the property at 271 Maria Avenue. (Report requested by the Council on May 26; laid over July 7) A report was presented by Marcia Moermond, Legislative Hearing Officer. Further updates will be provided to the Council in writing by Ms. Moermond. 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. 39.Final Adoption - 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. Adopted Yeas - 6Nays - 0 40.Second Reading - 04 -669 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to establish a temporary beverage sales license. Laid over to July 28 for third reading /public hearing 41.Second Reading - 04 -670 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to allow massage practitioners to add additional locations for a $25.00 fee and to add a category and $5.00 fee for temporary beverage sales (previously licensed at $60.00). Laid over to July 28 for third reading /public hearing 42.First Reading - 04 -700 - An ordinance memorializing City Council action granting 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. (Public hearing held June 23, 2004) Laid over to July 21 for second reading 43.First Reading - 04 -701 - An ordinance memorializing City Council action granting the application of Thomas Amrhien to rezone property at 319 Maryland Avenue West from R -4 (single - family residential) to OS -1 (office service). (Public hearing held March 24, 2004) Laid over to July 21 for second reading Suspension Items Resolution - 04 -702 - Granting the appeal for a ten -foot fence variance at 264 Pelham Boulevard. AdoptedYeas - 6Yeas - 0 Resolution - 04 -703 - Memorializing City Council action taken July 7, 2004 granting the appeal of the Snelling- Hamline Community Council to a decision of the Planning Commission granting a conditional file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172211\Minutes 7 -... 12/15/2010 Page 7 of 7 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 Street. AdoptedYeas - 6Nays - 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. in., 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. in., Sundays at 5:30 p. in., 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. fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17221IWinutes 7 -... 12/15/2010