Minutes 9-1-2004Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 1, 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
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 4 - Bostrom, Helgen, Lantry, Montgomery
Absent - 3 - Harris (arrived after roll call)
Benanav, Thune (arrived after the consent agenda)
CONSENT AGENDA (Items 1 -17)
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 William Lennartson and Joe Steinmaus.
Referred to Risk Management
2.Summons and Complaint in the matter of Stephen K. McCarty v. the City of St. Paul, et al. (Re: 95 -97
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Langford Park)
Referred to the City Attorney's Office
3.Petition in condemnation and Motion for Transfer of Title and Possession in the matter of the City of
St. Paul v. Budget Towing, Inc. et al. (Trillium Addition)
Referred to the City Attorney's Office
4.Complaint, Notice of Motion & Motion and various communications in the matter of Gary A.
Torgerson v. the City of St. Paul. (930 Duchess Street)
Referred to the City Attorney's Office
5.Notice of Motion and Motion of Respondent BMMS, LLC to Withdraw Monies on Deposit in the
matter of the Housing and Redevelopment Authority of the City of Saint Paul v. BMMS, LLC, et al.
Referred to the City Attorney's Office
6.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on Wednesday, September 22, 2004 at 5:30 p.m. to consider the application of
Allen Hohenwald to rezone property from VP (P1) Parking to R4 One - Family Residential to construct a
single family home on the east side of Iroquois Avenue, between Case and Stillwater Avenues.
7.Letter from Neighborhood Housing and Property Improvement declaring 907 St.. Anthony Avenue as
nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if
necessary.)
8. Administrative Orders:
D002426Authorizing the proper City officials to execute a lease with Schadegg Mechanical, Inc. to
provide office space at 100 East
11th Street (Public Safety Building) from August 16, 2004 through June 30, 2005 during construction of
the State of Minnesota Department of Human Services Building.
D002427Amending the 2004 budget of the Special Projects - General Government Special Revenue
Fund/Capital City Education Initiative activity to correct financing and spending object codes.
Noted as on file in the City Clerk's Office
FOR ACTION
9.Resolution - 04 -837 - Accepting a 2004 Urban Area Strategic Initiative Grant from the Minnesota
Department of Public Safety, authorizing the City to enter into and Chief John Harrington to implement
the agreement, and establishing a financing and spending plan for the grant.
AdoptedYeas - 5Nays - 0
10.Resolution - 04 -838 - Authorizing a spending and financing plan in the Division of Parks and
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Recreation to cover removal of trees infested with Dutch Elm Disease on private property.
Laid over to September 8 Yeas - 7 Nays - 0
Council requested that Peter White, Real Estate Division provide a report at the September 8 Council
meeting regarding the interest rate that will be charged for the assessments levied for tree removal.
Council also requested that Bob Bierschied, Division of Parks and Recreation, and Greg Reese, Forestry,
provide a report at the September 8 Council meeting on the extent of the diseased tree problem (Dutch
Elm, Oak Wilt, Oak Anthracnose, Crab Apple, etc.) in general on both public and private property and
whether the City has sufficient resources to adequately remove the diseased trees in a timely manner to
prevent further spread of disease and loss of additional trees.
I l Resolution - 04 -839 - Amending the 2004 budget for salary and fringe benefit costs for Historic
Preservation Commission work by staff from the Office of License, Inspections and Environmental
Protection, accounting for expenses of the Fourteenth Annual Heritage Preservation Awards Ceremony,
authorizing use of funds for food and beverages, approving acceptance of donations collected, and
increasing the spending budget by the amount of the donations.
AdoptedYeas - 5Nays - 0
12.Resolution - 04 -840 - Extending the compliance date one year to August 1, 2005, for code provisions
relating to the approved hood and duct ventilation above the small kitchen fryer at Forepaugh's
Restaurant, 276 Exchange Street.
AdoptedYeas - 5Nays - 0
13.Resolution - 04 -841 - Authorizing the Director of Public Works and the City Engineer to execute an
agreement with the Minnesota Department of Transportation regarding the operation and maintenance of
a street lighting system
at the intersection of McKnight Road and Old Hudson Road.
AdoptedYeas - 5Nays - 0
14.Resolution - 04 -842 - Requesting funding from the Minnesota Department of Transportation
Cooperative Agreement Program for a traffic signal, signal interconnect, and pedestrian curb ramp
construction on TH 51 (Montreal Ave.) at Edgcumbe Road/Hamline Avenue.
AdoptedYeas - 5Nays - 0
15.Resolution - 04 -843 - Placing a deed restriction on properties acquired for the Phalen Boulevard
Right -of -Way in order to be in compliance with the Minnesota Department of Employment and
Economic Development grant.
AdoptedYeas - 5Nays - 0
16.Resolution - 04 -844 - Approving the use of assessment financing, in accordance with City policy, for
installation of a fire protection system at 345 Wabasha Street.
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AdoptedYeas - 5Nays - 0
17.Resolution Approving Assessment - 04 -845 - 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
12, and setting date of public hearing for October 6, 2004. (File No. FP2003 -OID)
AdoptedYeas - 5Nays - 0
FOR DISCUSSION
18.Resolution - 04 -775 - Prohibiting the practice of demanding classified employees to forego the
benefits and protection of the Civil Service Rules through collective bargaining. (Laid over from August
18)
Laid over to September 8 Yeas - 7 Nays - 0
19.Appeal of Carol Dailey to a Notice of Condemnation and Order to Vacate the dwelling and premises
at 1825 Hawthorne Avenue East. (Public hearing held, closed, and laid over from August 25)
Appeal denied and vacate date changed to September 15, 2004
Yeas - 7 Nays - 0
20.Consideration of the application of Bridgecreek Senior Place Limited Partnership for a Combined Plat
in order to create eight (8) residential parcels and two outlots at 1145 Hudson Road. (Public Hearing held
and laid over on August 25)
Motion of Intent - Application Granted
Yeas - 7Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER.
21.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
22.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
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23.Final Adoption - 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
Authority.
AdoptedYeas - 7Nays - 0
24.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
25.Final Adoption - 04 -744 - An ordinance amending Chapter 369 of the St. Paul Legislative Code to
delete obsolete references to the Fire Sprinkler Competency License.
AdoptedYeas - 7Nays - 0
26.Final Adoption - 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.
AdoptedYeas - 7Nays - 0
27.Final Adoption - 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).
AdoptedYeas - 4Nays - 3 (Bostrom, Harris, Montgomery)
28.Final Adoption - 04 -790 - An ordinance amending Chapter 164 of the Saint Paul Legislative Code
pertaining to City Owned Parking Lots by adding a new section regulating the use of the parking lot
serving the new police headquarters.
Adopted Yeas - 7Nays - 0
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
29.Third Reading - 04 -813 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to
prohibit paintball on City park property.
Laid over to September 8 for final adoption
30.Third Reading - 04 -814 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
require service of correction notices upon landlords at the rental registration address as opposed to the
archaic Chapter 35 posting address.
Laid over to September 8 for final adoption
31.Resolution - 04 -846 - Approving the application of Blessed Sacrament Church, 1801 Lacrosse
Avenue, for a sound level variance to allow amplified music on September 25, 2004 from 5:00 p.m. to
midnight.
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AdoptedYeas - 6Nays - 0 (Harris not present for vote)
32.Resolution - 04 -847 - Approving the application of The Dubliner Pub for a sound level variance to
allow live music at 2162 University Avenue on September 18, 2004 from 6:00 p.m. to midnight.
Adopted as amendedYeas - 7Nays - 0
33.Resolution - 04 -848 - Approving the application of Schwietz Saloon for a sound level variance to
allow live music at 956 Payne Avenue on September 16, 2004 from 8:30 p.m. to midnight, and
September 17 and 18, 2004 from 8:30 p.m. to 12:30 a.m. during the Harvest Festival.
AdoptedYeas - 6Nays - 0 (Harris not present for vote)
34.Resolution - 04 -849 - Authorizing the Department of Planning and Economic Development to submit
a Minnesota Investment Fund application to the Department of Trade and Economic Development.
AdoptedYeas - 6Nays - 0 (Harris not present for vote)
35.Resolution - 04 -850 - Establishing "No Parking 8:00 a.m. to 9:00 p.m. Monday through Friday,
Except by Permit" Area 23 on the west side of Mt. Curve Boulevard from Fairmount to Princeton
Avenues.
AdoptedYeas - 7Nays - 0
36.Resolution - 04 -851 - Ordering the owner to remove or repair the building(s) at 1467 Albert Street
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the resolution to remove or repair within five days)
Adopted as amended (Remove or repair within five (5) days per the recommendation of the Legislative
Hearing Officer)
Yeas - 6Nays - 0 (Harris not present for vote)
37.Resolution - 04 -852 - Ordering the owner to remove or repair the building(s) at 79 Atwater Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
AdoptedYeas - 6Nays - 0 (Harris not present for vote)
38.Resolution - 04 -853 - Ordering the owner to remove or repair the building(s) at 596 Wells Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
AdoptedYeas - 7Nays - 0
39.Appeal of Steve Johnson, Market Group and Properties, to a Summary Abatement Order for property
at 483 Sherburne Avenue. (Legislative Hearing Officer recommends denying the appeal)
Appeal deniedYeas - 7Nays - 0
40.Resolution Ratifying Assessment - 04 -854 - 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).
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(File 18961A)
AdoptedYeas - 7Nays - 0
41.Resolution Ratifying Assessment - 04 -855 - 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). (File 418971)
AdoptedYeas - 7Nays - 0
Suspension Item
Resolution - 04 -856 - Authorizing Contract and Analysis Services to solicit a joint bid for the exterior
work items that affect the University /Dale Apartments and the Rondo Outreach Library.
Adopted Yeas - 7 Nays - 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.
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