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Minutes 7-28-2004Page 1 of 11 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 28, 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 • Suspension Items Present - 6 - Benanav, Bostrom, Helgen, Lantry, Montgomery, Thune Absent - 1 - Harris (arrived shortly after roll call) CONSENT AGENDA (Items I - 24) 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 August 4, 2004 to consider the appeal of Mac Khoa to a decision of the Planning Commission denying enlargement of a nonconforming use permit to allow outdoor auto sales at 1007 Arcade Street, between Lawson and Jenks Avenues. 1.Claims of Sandra Barron, Richard Cook, Colby Johnson, Michael O'Brien, Deborah Stusynski, Walter Schmitt, Terhaar, Archibald, Pfefferle & Griebel, LLP (for Michael Marsnik), and Woods & Thompson (for Shaunta Cobb - Ferba). fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 2 of 11 Referred to the Risk Management Division 2.Amended and Substituted Report of Examiner In the Matter of the Application of Grand Investors 2001, LLC to register title to certain land in the County of Ramsey as follows: Lots 2, 3, 4, 5 and 6, except the West 1 /10 feet of the North 80 feet of Lot 6, Block 38, Summit Park Addition to St. Paul. Referred to the City Attorney's Office 3.Letter from the Real Estate Division announcing a public hearing before the City Council on August 4, 2004 to consider the petition of Maurice Martin and Gregory Dahl to vacate a portion of Glen Road and a portion of the abutting alley in order to landscape the area to prevent further erosion of the area. 4.Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 4, 2004, to consider the application of Steve Cerkvenik, representing Irish Fair of Minnesota, for a sound level variance to allow live music on Harriet Island on August 13 from 5:00 p.m. to 10:30 p.m.; August 14 from 10:00 a.m. to 10:30 p.m.; and August 15 from 10:00 a.m. to 8:00 p.m. 5.Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 4, 2004 to consider the appeal of Annette Sorensen, et al. to a decision of the Board of Zoning Appeals granting several variances in order to construct a 44 -unit senior cooperative building at 570 Asbury Street. 6.Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 4, 2004 to consider 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. FOR ACTION 7.Approval of minutes of July 21, 2004. AdoptedYeas - 7Nays - 0 8.Resolution - 04 -723 - Approving the Memorandum of Understanding between the City and Tri- Council Local 49, Local 120 and Local 132 to modify Article 1 (Recognition) of the Collective Bargaining Unit to include temporary employees as part of the bargaining unit. (To be laid over one week for adoption) Laid over to August 4 for adoption 9.Resolution - 04 -724 - Establishing a 2004 financing and spending plan for a lease agreement between the Police Department and Knutson Construction Services to use office and parking space at the Public Safety Building at100 East 11th Street. AdoptedYeas - 7Nays - 0 10.Resolution - 04 -725 - Adopting the Area Plan Summary of the North End /South Como Comprehensive Plan as an Addendum to the Saint Paul Comprehensive Plan. AdoptedYeas - 7Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 3 of 11 I l Resolution - 04 -726 - Approving the June 22, 2004 decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correction Orders for: 457 Charles Avenue, 405 Jessamine Avenue E., 574 Jessamine Avenue E., 574 Edmund Avenue, and 565 Winslow Avenue. AdoptedYeas - 7Nays - 0 12.Resolution - 04 -727 - Revoking Encroachment Permit 04 -0384, dated June 24, 2004, issued by Public Works allowing construction of a retaining wall and carriage walk in the boulevard abutting 208 Mississippi River Boulevard. AdoptedYeas - 7Nays - 0 13.Resolution - 04 -728 - Authorizing the reallocation of CIB contingency funds to the Como Central Service Facility Addition Project. AdoptedYeas - 7Nays - 0 14.Resolution - 04 -729 - Reallocating CIB funding from the Rice and Arlington field lighting project to the Phalen Trails project. AdoptedYeas - 7Nays - 0 15.Resolution - 04 -730 - Authorizing the proper City officials to enter into a lease agreement with T Mobile (Voicestream Minneapolis, Inc.) for installation of a cell tower at Merriam Park Recreation Center. Laid over to August 4Yeas - 7 Nays - 0 16.Resolution - 04 -731 - Revoking the rental registration certificate for property at 550 Blair Avenue registered to Joseph E. Baltierrez. AdoptedYeas - 7Nays - 0 17.Resolution - 04 -732 - Revoking the rental registration certificate for property at 1028 Carroll Avenue registered to Drake Kexter L. Wiley. AdoptedYeas - 7Nays - 0 18.Resolution - 04 -733 - Revoking the rental registration certificate for property at 250 Duke Street registered to Dadders Holdings LLC. AdoptedYeas - 7Nays - 0 19.Resolution - 04 -734 - Revoking the rental registration certificate for property at 739 Fuller Avenue registered to Gregory O. Evans. AdoptedYeas - 7Nays - 0 20.Resolution - 04 -735 - Revoking the rental registration certificate for property at 763 Fuller Avenue registered to Oluyemisi K. Okanla. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 4 of 11 AdoptedYeas - 7Nays - 0 21.Resolution - 04 -736 - Revoking the rental registration certificate for property at 770 Fuller Avenue registered to Mark Cemensky. AdoptedYeas - 7Nays - 0 22.Resolution - 04 -737 - Revoking the rental registration certificate for property at 927 Iglehart Avenue registered to Mark Cemensky. AdoptedYeas - 7Nays - 0 23.Resolution - 04 -738 - Revoking the rental registration certificate for property at 551 Michigan Street registered to Dadders Holdings LLC. AdoptedYeas - 7Nays - 0 24.Preliminary Order - 04 -739 - In the matter of sidewalk reconstruction and/or new construction in Wards 2, 3, & 7, and setting date of public hearing for August 25, 2004. (File No. SO4001 - SO4009) AdoptedYeas - 7Nays - 0 FOR DISCUSSION 25.Report from Bob Kessler, Council Research Policy Analyst, as to how the Youth Job Corps program fits in with the other job training programs. (Report requested by the Council on June 2) A report was presented by Bob Kessler, Council Research Policy Analyst 26.Resolution - 04 -685 - Approving the funding for Cycle 10 of the Cultural STAR Program. (Laid over from July 14) Laid over to August I IYeas - 7Nays - 0 27.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 21) Noted as on file in the City Clerk's Office Report 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. (Report requested on July 7; laid over from July 21) Matt Smith gave a brief report to the Council. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 5 of 11 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. 28.Third 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 August 4 for final adoption 29.Third 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 August 4 for final adoption 30.Second 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 August 4 for third reading /public hearing 31.Second 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 August 4 for third reading /public hearing 32.Second 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 August 4 for third reading /public hearing 33.First Reading - 04 -740 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code to implement the new state law allowing the City to use the substantial abatement process to paint the exteriors of property after the property owner has failed to do so. Laid over to August 4 for second reading 34.First Reading - 04 -741 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code to implement the new state law allowing the City to use the substantial abatement process to paint the exteriors of property. Laid over to August 4 for second reading 35.First Reading - 04 -742 - An ordinance amending Chapter 51 of the Saint Paul Administrative Code explicitly authorizing the conveyance of vacated real property to the Housing & Redevelopment file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_131031\Minutes 7 -... 12/15/2010 Page 6 of 11 Authority. Laid over to August 4 for second reading 36.First Reading - 04 -743 - An ordinance amending Chapter 66 of the St. Paul Legislative Code to make the expiration date of sign contractor licenses consistent with other business licenses. Laid over to August 4 for second reading 37.First Reading - 04 -744 - An ordinance amending Chapter 369 of the St. Paul Legislative Code to delete obsolete references to the Fire Sprinkler Competency License. Laid over to August 4 for second reading 38.First Reading - 04 -745 - An ordinance amending Chapter 370 of the St. Paul Legislative Code to delete obsolete references to the Fire Sprinkler Competency Board and to remove the Environmental Health Director from the Plumbing Board. Laid over to August 4 for second reading (Councilmembers Harris, Helgen and Thune left the meeting at this time) PUBLIC HEARINGS 39.Third 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 August 4 for final adoption 40.Third Reading - 04 -669 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to establish a temporary beverage sales license. Laid over to August 4 for final adoption 41.Third 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 August 4 for final adoption 42.Public hearing to consider the appeals of the Merriam Park Community Council, Summit Avenue Residential Preservation Association (SARPA), the University of St. Thomas, and 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. Public hearing held and closed. Laid over to August 4Yeas - 4Nays - 0 43.Public hearing to consider the appeal of Summit Avenue Residential Preservation Association fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_13103IWinutes 7 -... 12/15/2010 Page 7 of 11 (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). Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 44.Resolution - 04 -746 - Approving the application of Knutson Construction Services for a sound level variance to allow building 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.. Adopted as amendedYeas - 4Nays - 0 45.Resolution - 04 -747 - Approving the application of Toua Xiong, owner, representing Pillars Investment Group, LLC, for a sound level variance for live music at 217 Como Avenue on August 7 and 8, 2004 from 10:00 a.m. to 6:00 p.m. with conditions. Adopted as amended Yeas - 4Nays - 0 46.Resolution - 04 -748 - Approving the petition of Habitat for Humanity to vacate part of Germain Street northerly of the south line of Block 5, Franklin D. Roosevelt Homes Addition in order to develop the area for affordable housing. Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 47.Resolution - 04 -749 - Approving the petition of the Church of the Maternity of the Blessed Virgin to vacate part of Danforth Street and the east -west and north -south alleys as dedicated in the plat of Rose Mary Place in order to provide room for future expansion. Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 48.Resolution - 04 -750 - Approving 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. Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 49.Resolution Ratifying Assessment - 04 -751 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mall operation and maintenance costs for 2003. (File No. 18428 -2003) AdoptedYeas - 4Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 8 of 11 50.Final Order - 04 -752 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mall operation and maintenance costs for 2004. (File No. 18428 -2004) AdoptedYeas - 4Nays - 0 51.Resolution Ratifying Assessment - 04 -753 - 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. (File No. FP2003 -0113) AdoptedYeas - 4Nays - 0 52.Resolution Ratifying Assessment - 04 -754 - In the matter of the assessment of benefits, cost and expenses for construction of sanitary sewer service connections on Selby Avenue from Kent Street to Avon Street. (File No. 18981 C) Public hearing held and closed Laid over to August 4Yeas - 4 Nays - 0 53.Public hearing to consider the report of the Administrative Law Judge concerning the Massage Practitioner License held by Machaga Johns for the premises at 770 Grand Avenue. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (License revoked) Yeas - 4Nays - 0 54.Appeal of Akinwale Akinropo to a Notice of Revocation for property at 321 Bates Avenue. (Laid over from July 7) (Legislative Hearing Officer recommends laying over to the July 27 Legislative Hearings and the July 28 City Council Hearings) Public hearing held and closed Laid over to August I IYeas - 4Nays - 0 55.Resolution - 04 -459 - Ordering the owner to remove or repair the building(s) at 1956 Feronia Avenue within fifteen (15) days from adoption of resolution. (Laid over from May 26 for continuation of public hearing) (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided the following is completed by noon on July 28, 2004: 1) a closing date has been set, and 2) a $2,000 bond is posted.) Adopted as amended (Remove or repair within 30 days) Yeas - 4Nays - 0 56.Resolution - 04 -755 - Ordering the owner to remove or repair the building(s) at 948 Duchess Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended (Remove or repair within 5 days) fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_13103IWinutes 7 -... 12/15/2010 Page 9 of 11 Yeas - 4Nays - 0 57.Resolution Ratifying Assessment - 04 -757 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) during February 2004 at 492 Charles Avenue. (File J0402A2) (Laid over from May 26) (Legislative Hearing Officer recommends approval) AdoptedYeas - 4Nays - 0 58.Resolution Ratifying Assessment - 04 -758- In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean -up) during March 2004 at 1206 Cook Avenue East (J0402A1) and 922 Charles Avenue (J0402A1). (Laid over from June 23) (Legislative Hearing Officer recommends approval) AdoptedYeas - 4Nays - 0 59.Resolution Ratifying Assessment - 04 -759 - In the matter of the assessment of benefits, cost and expenses for boarding up vacant buildings during March and April 2004, weekly garbage hauling for the first quarter of 2004, and demolition of vacant buildings during April 2004. (File Nos. J040213, J04T1Q, and J0401 C) (Legislative Hearing Officer recommends the following: 1956 Feronia Avenue (J0402B) - approval; 1139 Beech Street (J04TIQ) - deleting the assessment; 958 Rose Avenue East (J04TIQ) - approval; (526) Selby Avenue (J0402B) (Note: 01- 28 -23 -22 -0137) - deleting the assessment; 1304 Galtier Street (J04TIQ) - laying over to the July 27, 2004 Legislative Hearings and the July 28, 2004 City Council Hearings; 1024 Western Avenue North (J04TIQ) - reducing the assessment from $420 to $350 plus the $20 administration fees for a total assessment of $370; 21 Maryland Avenue East (J0402B) - approval; 400 Johnson Parkway (J0402B) - approval; 767 Jessie Street (J0402B) - approval; referred back to Legislative Hearings; 1212 Beech Street (J04TIQ) - approval; 1004 Euclid Street (J04TIQ) - approval; 775 Maryland Avenue East (J04TIQ) - approval) Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 4Nays - 0 60.Public hearing 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 fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_13103IWinutes 7 -... 12/15/2010 Page 10 of 11 Pascal Streets. Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 61.Public hearing 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. Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 62.Public hearing to consider the application of Royal Crest Homes for a combined plat for cottage homes second addition to create eight (8) residential lots and one (1) outlot at 0 Cottage Avenue, SE corner at Farrington Street. Motion of Intent - Application granted Yeas - 4Nays - 0 63.Public hearing 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). Public hearing held and closed Laid over to August 4Yeas - 4Nays - 0 Suspension Items Resolution - 04 -756 - Approval of the appointment, by Mayor Kelly, of Susan Kimberly as Director of Planning and Economic Development effective June 28, 2004. AdoptedYeas - 7Nays - 0 First Reading - 04 -760 - An ordinance prohibiting smoking in bars and restaurants; creating responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation (complete smoking ban proposal). Laid over to August 4 for second reading Yeas - 7Nays - 0 First Reading - 04 -761 - An ordinance prohibiting smoking in licensed liquor establishments and restaurants; creating responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation (limited smoking ban proposal). Laid over to August 4 for second reading fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_13103I\Minutes 7 -... 12/15/2010 Page 11 of 11 Yeas - 7Nays - 0 Resolution - 04 -762 - Granting a noise level variance to MA Mortenson Co. for construction work on the MPR Building at 45 Seventh Street East from June 13, 2004 through October 31, 2004 (amending Council File 04 -630 adopted June 23, 2004). 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. fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_13103IWinutes 7 -... 12/15/2010