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Minutes 7-21-2004Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 21, 2004 - 3:30 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 • Suspension Items Present - 5 - Benanav, Bostrom, Helgen, Lantry, Thune Absent - 2 - Harris, Montgomery (both excused) 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.Claim of Bradley Martin. Referred to the Risk Management Division 2.Summons and Complaint in the matter of Serah Morrissey vs. the City of Saint Paul. Referred to the City Attorney's Office 3.Letter from the Real Estate Division announcing a public hearing before the City Council on July 28, 2004 to consider the petition of the City of Saint Paul to vacate a small portion of the northeasterly half of Custer Street between Block 176, Robertson's Addition to West St. Paul and Block 4, Marshall's Addition to West St. Paul in order to develop the larger site. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 2 of 7 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 application of Royal Crest Homes for a Combined Plat for Cottage Homes 2nd Addition to create eight (8) residential lots and one (1) outlot at 0 Cottage Avenue, SE corner at Farrington Street. 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 application of Michlitsch Builders Inc., to rezone property from B -2 (Community Business) and P -1 (Parking) to TN2 (Traditional Neighborhood) for residential or mixed use development at 800 and 806 East Third Street (Southeast corner of Maple). 6.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 approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary in the two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. 7.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 Macalester Groveland Community Council to a decision of the Planning Commission approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary in the two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. 8.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 Summit Avenue Residential Preservation Association (SARPA) to a decision of the Planning Commission approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary in the two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. 9.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 University of St. Thomas to a decision of the Planning Commission approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary in the two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. IO.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 appeal of Summit Avenue Residential Preservation Association (SARPA) to two decisions of the Heritage Preservation Commission conditionally approving a demolition permit application to raze the Christ Child Building and conditionally approving a building permit application to construct a new three story business administration building at 2078 Summit Avenue (Summit Avenue West Historic District). I I .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 Toua Xiong, owner, representing Pillars Investment Group, LLC, for a sound level variance to allow live music at 217 Como Avenue on August 7 -8, 2004 from 10:00 a.m. 12.Administrative Orders: D002422Authorizing funds in the amount of $3,000 to send up to four Internet Crimes Against Children Task Force participants, who are non -city employees, to attend Child Sexual Exploitation Investigative training in Bemidji, Mn in August & September, 2004. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 3 of 7 D002423 Authorizing the Division of Parks and Recreation to execute all lease agreements that mature in 2004 or 2005 and are one year or less in duration. Noted as on file in the City Clerk's Office FOR ACTION 13.Approval of minutes of June 23, July 7 & 14, 2004. AdoptedYeas - 5Nays - 0 14.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. (Laid over from July 14 for adoption) AdoptedYeas - 5Nays - 0 15.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. (Laid over from July 14 for adoption) AdoptedYeas - 5Nays - 0 16.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. (Laid over from July 14 for adoption) AdoptedYeas - 5Nays - 0 17.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. (Laid over from July 14 for adoption) AdoptedYeas - 5Nays - 0 18.Resolution - 04 -704 - Appointing Councilmember Deborah Montgomery to the Family Housing Fund Board of Directors. AdoptedYeas - 5Nays - 0 19.Resolution - 04 -705 - Transferring excess Sewer Availability Charge (SAC) revenue from unreserved retained earnings to Capital Projects Funds for sewer construction. AdoptedYeas - 5Nays - 0 20.Resolution - 04 -706 - Approving the lease agreement with the General John Vessey Jr. Leadership Academy for use of Phalen Recreation Center for a charter school. AdoptedYeas - 5Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 4 of 7 21.Resolution - 04 -707 - Authorizing the Police Department to enter into an Intergovernmental Mobility Agreement with the Ramsey County Sheriff's Office and establishing a 2004 financing and spending plan for the agreement. AdoptedYeas - 5Nays - 0 22.Resolution - 04 -708 - Authorizing the City to accept a Disproportionate Minority Contract grant from the Minnesota Department of Public Safety if granted, and authorizing the City to enter into, and Chief John Harrington, to implement a grant agreement. AdoptedYeas - 5Nays - 0 23.Resolution - 04 -709 - Establishing a 2004 financing and spending plan in the Police Department for reimbursement of training and equipment expenditures for the Ordnance Disposal Unit. AdoptedYeas - 5Nays - 0 24.Resolution - 04 -710 - Establishing a 2004 financing and spending plan in the Police Department for Records Management services provided to suburban agencies. AdoptedYeas - 5Nays - 0 25.Resolution - 04 -711 - Amending the 2004 financing and spending plan in the Police Department for the Ramsey /Saint Paul Drug Task Force. AdoptedYeas - 5Nays - 0 26.Preliminary Order - 04 -712 - In the matter of the Operation Costs of the Above Standard Street Lighting Systems for 2005 projects in Wards 1, 2, 3, 4, and 7, and setting date of public hearing for September 22, 2004. AdoptedYeas - 5Nays - 0 27.Preliminary Order - 04 -713 - In the matter of the Operation and Maintenance Costs for the Arcade /Case and the Grand /Snelling parking lots for 2005, and setting date of public hearing for September 22, 2004. (File No. 18744 & 18746) AdoptedYeas - 5Nays - 0 28.Resolution Approving Assessment - 04 -714 - In the matter of the assessment of benefits, cost and expenses for the Arcade /Case and the Grand/Snelling parking lots operation and maintenance costs for 2005, and setting date of public hearing for September 22, 2004. (File No. 18744 & 18746) AdoptedYeas - 5Nays - 0 29.Resolution Approving Assessment - 04 -715 - In the matter of the assessment of benefits, cost and expenses for the Margaret/Atlantic Area Paving and Lighting Project (properties south of Third Street), and setting date of public hearing for September 1, 2004. (File 18961A) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 5 of 7 AdoptedYeas - 5Nays - 0 30.Resolution Approving Assessment - 04 -716 - In the matter of the assessment of benefits, cost and expenses for improving the alley in Michel and Robertson's Addition Block 10 (bounded by James, Palace, Milton, and Victoria), and setting date of public hearing for September 1, 2004. (File 418971) AdoptedYeas - 5Nays - 0 31.Resolution Approving Assessment - 04 -717 - In the matter of the assessment of benefits, cost and expenses for the Operation of the Above Standard Street Lighting Systems for the months of January thru December 2004 for various wards, and setting date of public hearing for September 22, 2004. AdoptedYeas - 5Nays - 0 FOR DISCUSSION 32.Administrative Order: D002417Authorizing the release of funds from Mayor's Contingency set aside for an 800 MHz Public Safety Emergency Interoperability. (Laid over from July 7) (A report was requested from the Administration on the spending for construction of the entire Griffin Building and a spending and timeline plan for construction of the communication center and purchase of the radio equipment) Laid over to July 28 Yeas - 5 Nays - 0 33.Resolution - 04 -652 - Authorizing payment of $16,271.01 from the Marketing and Promotions budget for expenses incurred with the Melaleuca Freedom Celebration held on May 31, 2004. (Laid over July 7) (A report was requested from the Administration on all expenditures for 2003 and 2004 for festivals and events paid by the City through the Marketing Division and plans for future expenditures) AdoptedYeas - 5Nays - 0 34.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 & July 14) AdoptedYeas - 5Nays - 0 35.Consideration of 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). (Public hearing held and laid over from July 7) Motion of Intent - Application grantedYeas - 5Nays - 0 36.Follow up from City Council Policy Session on April 21, 2004; Recommendations from the 2004 Ad Hoc Committee on Citizen Participation regarding Inclusiveness, accountability, staff support and district council funding for 2005 and comments from interested District Council Representatives. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 6 of 7 Laid over to August 4 Yeas - 5 Nays - 0 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. 37.Second 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 28 for third reading 38.Second 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 28 for third reading 39.First Reading - 04 -718 - An ordinance amending Chapter 35.01 of the Saint Paul Legislative Code to require rental property owners to post the city- issued rental registration certificate. Laid over to July 28 for second reading 40.First Reading - 04 -719 - An ordinance amending Chapter 51.03 ©) of the Saint Paul Legislative Code to allow discretion in issuing a rental registration certificate when the prior certificate for the same property has been revoked. Laid over to July 28 for second reading 41.First Reading - 04 -720 - An ordinance amending Chapter 51.06 of the Saint Paul Legislative Code to make it clear that a sham change in ownership is a legitimate basis to deny a rental registration certificate when the previous certificate for the same property was revoked. Laid over to July 28 for second reading Suspension Items Resolution - 04 -721 - Congratulating Mary Brokway on the occasion of her 105th birthday. AdoptedYeas - 5Nays - 0 Resolution - 04 -722 - Waiving the 45 -day notice requirement and issuing a Liquor- Outdoor Service Area license to Dahouse LLC, d /b /a Mike's Bar, 326 Grove Street. AdoptedYeas - 5Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010 Page 7 of 7 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. fi1eJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172320\Minutes 7 -... 12/15/2010