Minutes 7-7-2004Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCI
Wednesday, July 7, 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
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
• Public Hearings
• Suspension Items
Present - 6 - Benanav, Bostrom, Harris, Lantry, Montgomery, Thune
Absent - 1 - Helgen (excused)
CONSENT AGENDA (Items 1 - 40)
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 Michelle Annen, Asif Awan, Rosalyn Brooks, Cassandra Crawford, Brian Fruchtman, Deidre
Jackson, Muhannah Kakish, Donna Lee, Tereece Lloyd, Constance Marben, Leroy Miller, Constantino
Perez, Jeanette Reule, Monica Sampson, Patricia Schleichert, Carlan Schmitt, Mark Schwister, Mark
Shields, Edward Smith, Christopher Stevenson, and Xcel Energy.
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Referred to the Risk Management Division
2.Summons and Complaint in the matter of Martin Gaylord Hadden vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3.Letter from the Office of the City Attorney announcing a public hearing before the City Council on July
28, 2004 to consider the report of the Administrative Law Judge concerning the Massage Practitioner
License held by Machaga Johns for the City of Saint Paul.
4.Letter from the Real Estate Division announcing a public hearing before the City Council on July 28,
2004 to consider 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.
5.Letter from the Real Estate Division announcing a public hearing before the City Council on July 28,
2004 to consider the petition of the Church of the Maternity of the Blessed Virgin Mary 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.
6.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, declaring 948 Duchess Street a nuisance property, and setting date of Legislative
Hearing for July 13, 2004 and City Council Hearing for July 28, 2004.
7.Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, declaring 1467 Albert Street North, 1040 Jessie Street, 640 Minnehaha Avenue West,
and 733 Pierce Butler Route as nuisance properties. (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: 642
Fairview Avenue, 934 Farrington Street, and 609 Snelling Avenue North.
9. Administrative Orders:
D002417Authorizing the release of funds from Mayor's Contingency set aside for an 800 MHz Public
Safety Emergency Interoperability.
Laid over to July 21. Council requested a report on the spending for construction of the entire Griffin
Building and a spending and timeline plan for the construction of the communication center and purchase
of the radio equipment.
D002418Amending individual ward budget amounts to reflect funding activity through the Neighborhood
Investment Initiative Program.
D002419Approving payment in the amount of $160.00 to Cecil's Delicatessen & Restaurant, 651
Cleveland Avenue S., for expenses from the Cooperative Agreement meeting between Keystone
Community Services and the Division of Parks and Recreation Programming/ Maintenance.
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D002420Authorizing the proper city officials to execute Addendum II to Lease Agreement NHPI /01
extending the lease of office space at the Hillcrest Shopping Center through September 30, 2005.
D00242 I Extending the contract completion date from October 31, 2003 to July 2, 2004 for Schurcon,
Inc. for the Point Douglas sanitary sewer extension.
Noted as on file in the City Clerk's Office
FOR ACTION
10.Approval of minutes of May 26, June 2, 9, and 16, 2004.
Adopted Yeas - 6Nays - 0
I l 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.
(To be laid over one week for adoption)
Laid over to July 14 for adoption Yeas - 6Nays - 0
12.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. (To be laid over one week for adoption)
Laid over to July 14 for adoption Yeas - 6Nays - 0
13.Resolution - 04 -641 - Establishing the rate of pay for the new classification titled Office Administrator
- Traffic Division.
Adopted Yeas - 6Nays - 0
14.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 to July 14Yeas - 6Nays - 0
15.Resolution - 04 -643 - Approving the reappointment, by Mayor Kelly, of Matt Anfang to the Board of
Water Commissioners.
Laid over to July 14Yeas - 6Nays - 0
16.Resolution - 04 -644 - Authorizing the Department of Fire and Safety Services to accept a grant in the
amount of $44,045.00 from the Federal Emergency Management Agency's Assistance to Firefighters
Fire Prevention and Safety Program.
Adopted Yeas - 6Nays - 0
17.Resolution - 04 -645 - Authorizing a transfer of funds from the Department of Planning and Economic
Development to the Division of Parks and Recreation for construction of Wacouta Commons Park as part
of the North Quadrant Urban Village plan.
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Adopted Yeas - 6Nays - 0
18.Resolution - 04 -646 - Authorizing the proper city officials to enter into a lease agreement with T
Mobile (Voicestream Minneapolis, Inc.) for installation of a cell tower at Margaret Recreation Center.
Adopted Yeas - 6Nays - 0
19.Resolution - 04 -647 - Authorizing the Director of the Department of Planning and Economic
Development to apply to the Metropolitan Council for grants through the Livable Communities
Demonstration Account Program.
Adopted Yeas - 6Nays - 0
20.Resolution - 04 -648 - Amending the spending and financing plans of the 2003 and 2004 Phalen
Boulevard projects.
Adopted Yeas - 6Nays - 0
21.Resolution - 04 -649 - Granting a residential property at 1234 McKnight Road in Maplewood to
connect to the Saint Paul sanitary sewer system.
Adopted Yeas - 6Nays - 0
22.Resolution - 04 -650 - Authorizing the release of slope easements and a negative deed of easement on
property owned by Catholic Charities at 1034 Lafond Avenue.
Adopted Yeas - 6Nays - 0
23.Resolution - 04 -651 - Authorizing the Office of Citizen Service/Marketing and Promotions to provide
food and beverages, not to exceed $500.00, to employees of the Division of Parks and Recreation
working at the Hmong Soccer Festival on July 3 and 4, 2004.
Adopted Yeas - 6Nays - 0
24.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 to July 21. Yeas - 6Nays - 0
Council requested a report on all expenditures for 2003 and 2004 for festivals and events paid by the City
through the Marketing Division and plans for future expenditures.
25.Resolution - 04 -653 - Approving the application with conditions, per the Legislative Hearing Officer,
for a Malt Off -Sale License by May Sia Vang, owner, W & T Market, 604 Western Avenue.
Adopted Yeas - 6Nays - 0
26.Resolution - 04 -654 - Approving the June 8, 2004 decisions of the Legislative Hearing Officer on
Appeals for Letters of Deficiency, Correction Notices and Correction Orders for the following addresses:
1270 Cleveland Avenue South; 306 Ruth Street, Unit 9; 952 Linwood Avenue; 1842, 1848, & 1854 St.
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Clair Avenue; and 1420 Almond Avenue.
Adopted Yeas - 6Nays - 0
27.Resolution - 04 -655 - Revoking the rental registration certificate for property at 270 Brimhall Street
registered to Berntson Properties, LLC.
Adopted Yeas - 6Nays - 0
28.Resolution - 04 -656 - Revoking the rental registration certificate for property at 769 Burr Street
registered to Terry L. Buchanan.
Adopted Yeas - 6Nays - 0
29.Resolution - 04 -657 - Revoking the rental registration certificate for property at 950 Desoto Street
registered to Tommie Crawford.
Adopted Yeas - 6Nays - 0
30.Resolution - 04 -658 - Revoking the rental registration certificate for property at 1007 Oxford Street
North registered to Osadebamkien Glory Black and others if listed.
Adopted Yeas - 6Nays - 0
31.Resolution - 04 -659 - Revoking the rental registration certificate for property at 615 Marshall Avenue
registered to Sonja M. Hauter.
Adopted Yeas - 6Nays - 0
32.Resolution - 04 -660 - Revoking the rental registration certificate for property at 184 Granite Street
registered to Rosebear Inc.
Adopted Yeas - 6Nays - 0
33.Resolution - 04 -661 - Denying the massage practitioner license application submitted by Bobbie Jo
Bauer.
Adopted Yeas - 6Nays - 0
34.Resolution - 04 -662 - Denying the massage practitioner license application submitted by Meghan
Hurley.
Adopted Yeas - 6Nays - 0
35.Resolution - 04 -663 - Suspending the massage practitioner license held by Pamela Meyers until the
required documentation of insurance has been submitted to the Office of LIEF and LIEF has notified the
licensee in writing that the suspension has been lifted.
Withdrawn Yeas - 6Nays - 0
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36.Resolution - 04 -664 - Suspending the Solid Waste Hauler and Vehicle Licenses held by Tong Vang,
d/b /a Eastside Garbage Company, until a current certificate of insurance has been provided to the Office
of LIEF.
Laid over to August 4 Yeas - 6Nays - 0
37.Resolution - 04 -665 - Suspending the Solid Waste Hauler and Vehicle Licenses held by Angela Eguia,
d/b /a American Refuse Collection, Inc., until the required documentation of insurance, truck inspection
reports, and a schedule of charges have been submitted and the Office of LIEF has notified the licensee in
writing that the suspension is lifted.
Adopted Yeas - 6Nays - 0
38.Resolution - 04 -666 - Suspending the City Contractor - Exterior Finishing License held by Final
Touch Exteriors, Inc. until a current bond has been provided to the Office of LIEF.
Adopted Yeas - 6Nays - 0
39.Resolution - 04 -667 - Suspending the Pest Control License held by Laughlin Pest Control, Inc. until a
current certificate of insurance with no lapse in coverage has been received by the Office of LIEF.
Withdrawn Yeas - 6Nays - 0
40.Resolution - 04 -668 - Suspending the City Contractor License held by Sandra M. Erickson, d /b /a
Sam's Construction, until a current bond has been provided to the Office of LIEF.
Adopted Yeas - 6Nays - 0
FOR DISCUSSION
41.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 June 16)
Laid over to August 25Yeas - 6Nays - 0
42.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. (Laid over from June 23)
(Legislative Hearing Officer recommends granting 180 days provided the owner post a $5,000 bond by
noon on July 7, provide a work plan indicating how all the items on the Code Compliance Inspection
Report will be completed, and monthly updates from their attorney.)
Adopted as amendedYeas - 6Nays - 0
(per the recommendation of the Legislative Hearing Officer)
43.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)
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Laid over to July 14Yeas - 6Nays - 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.
44.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. (Amended and laid
over from June 23 for final adoption)
Adopted Yeas - 6Nays - 0
45.Final Adoption - 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.
Adopted Yeas - 6Nays - 0
46.Final Adoption - 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.
Adopted Yeas - 6Nays - 0
47.Third 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 14 for final adoption
48.Second 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 28 for third reading /public hearing
49.First 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 14 for second reading
50.First 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 14 for second reading
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PUBLIC HEARINGS
51.Resolution - 04 -671 - Approving the application for a sound level variance by Luis Palau Evangelistic
Association to allow live music at the Capitol Grounds for the hours of 9:00 a.m. to 10:00 p.m. on August
7 and 8, 2004.
Adopted Yeas - 5Nays - 0 (Harris not present for vote)
52.Resolution - 04 -672 - Approving the petition of Renovation Corporation to license a ten foot wide
strip across the boulevard of Wheelock Parkway in order to construct, occupy and maintain a driveway.
Adopted Yeas - 6Nays - 0
53.Resolution - 04 -673 - Approving the petition by the Port Authority to release easements in various
streets and alleys to facilitate the development of Westminster Junction.
Adopted Yeas - 6Nays - 0
54.Resolution - 04 -674 - Ordering the owner to remove or repair the building(s) at 1005 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the July 13, 2004 Legislative Hearings and the July 28, 2004 City Council Hearings)
Adopted Yeas - 6Nays - 0
55.Appeal of Akinwale Akinropo to a Notice of Revocation for property at 321 Bates Avenue.
(Legislative Hearing Officer recommends laying over to the July 27, 2004 Legislative Hearings and the
July 28, 2004 City Council Hearings)
Laid over to July 28Yeas - 6Nays - 0
56.Appeal of Michelle Lee to a Notice of Condemnation and Order to Vacate for property at 955 Aurora
Avenue. (Legislative Hearing Officer recommends laying over to the July 27 Legislative Hearings and
the July 28 City Council Hearings)
Appeal denied Yeas - 6Nays - 0
57.Public hearing 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 Street.
Motion of intent - Appeal grantedYeas - 6Nays - 0
Council requested Council Research work with LIEF and the Fire Marshal to prepare a report on outdoor
sale of fireworks and how they should be reviewed.
58.Public Hearing 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).
Public hearing held and laid over to July 21Yeas - 6Nays - 0
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Suspension Items
Resolution - 04 -675 - Waiving the 45 -day notice requirement for the issuance of on -sale liquor and
Sunday on -sale liquor licenses for Wilkendorf Enterprises Inc., d/b /a Mitch's Supper Club, 1305 West
Seventh Street.
AdoptedYeas - 6Nays - 0
Resolution - 04 -676 - Authorizing the appropriate officials to enter into a Community Development
Block Grant Subgrantee Agreement with Neighborhood House for construction of the Paul and Sheila
Wellstone Center for Community Building.
AdoptedYeas - 6Nays - 0
Resolution - 04 -677 - Authorizing the appropriate officials to enter into a Disbursing Agreement with
Neighborhood House for construction of the Paul and Sheila Wellstone Center for Community Building.
AdoptedYeas - 6Nays - 0
Resolution - 04 -678 - Authorizing the appropriate officials to enter into a Grant Agreement with the State
of Minnesota for construction of the Paul and Sheila Wellstone Center for Community Building.
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.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.
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