Minutes 9-8-2004Page 1 of 5
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 8, 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
Present - 5 - Benanav, Bostrom, Helgen, Lantry, Montgomery
Absent - 2 - Harris, Thune (arrived shortly after roll call)
CONSENT AGENDA (Items 1 - 23)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1.Claims of Brian Arndt, Dirk Dixon, Jr., Kerfeld Law Office PA (for Scott Thomas Gunderson) and
Richard Puffer, James Schloner, PA.(for Lucas Podmers), and Barbara Zech.
Referred to Risk Management
2.Notice of claim in the matter of Sandra Harrilal v. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3.Notice of claim in the matter of Steven R. Johnson d /b /a Market Group and Properties v. the City of
Saint Paul, et al.
Referred to the City Attorney's Office
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4.Summons and complaint in the matter of Budget Towing, Inc. of Saint Paul v. the City of Saint Paul.
Referred to the City Attorney's Office
5.Notice of Motion and Motion of Respondent's Gerald R. And Sheila D. O'Brien to Withdraw Monies
on Deposit in the matter of the City of St. Paul v. Hillcrest Shopping Center, et al.
Referred to the City Attorney's Office
6.Letter from Mayor Kelly dated August 26, 2004, announcing his veto of certain appropriation items in
Council File 04 -685 (Funding for Cycle 10 of the Cultural STAR Program) adopted by the Council on
August 18, 2004.
7.Letters from the Office of the City Attorney recommending revocation of the provisional taxicab
driver's license for the following individuals based upon their failure to enroll in and /or successfully
complete a taxicab driver training course: Abdi Ali, Scott Dunbar, Hassan Elmi, Hassan Hareed, Hassan
Jama, Mark Jay, Suleeban Mahamoud, James Manneh, Abdinur Mohammed, Hakim Mohamoud,
Christoher Norfleet, Ahmed Oday, Samuel Segebarth, Arron Weatherspoon, and Eric Wenzel.
8.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 22, 2004, to consider the application of Twin Cities Habitat for
Humanity to rezone property from R2 Single - family Residential to RM1 Multiple - family Residential at
1526 Ames Avenue; SW corner at Hazelwood Street.
9.Letters from the Department of Department of Neighborhood Housing and Property Improvement,
Nuisance Building Code Enforcement, declaring 1040 Jessie Street and 640 Minnehaha Avenue West as
nuisance properties, and setting date of Legislative Hearings for September 14, 2004 and City Council
Hearings for September 22, 2004.
FOR ACTION
IO.Approval of minutes of August 18, 2004.
AdoptedYeas - 5 Nays - 0
1 l.Resolution - 04 -857 - Approving the appointments, by Mayor Kelly, of Terri Banaszewski, Christine
Butterfield, Tait Danielson, and Nick Gehrig and the reappointments of Matthew Bowe, William
Cosgriff, Bill Daly, Thomas Moran, and Steven Zaccard to the Business Review Council.
AdoptedYeas - 5 Nays - 0
12.Resolution - 04 -858 - Approving the appointment, by Mayor Kelly, of George Fremder to the District
Energy St Paul, Inc. Board of Directors.
AdoptedYeas - 5 Nays - 0
13.Resolution - 04 -859 - Authorizing the City to accept a grant in the amount of $50,000.00 from the
State of Minnesota for the 2004 State Homeland Security Program and establishing financing and
spending plans in the Division of Fire and Safety Services.
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AdoptedYeas - 7 Nays - 0
Council requested a report be provided by Department of Fire and Safety Services staff at its September
15 meeting
14.Resolution - 04 -860 - Setting a public hearing date for October 6, 2004 for ratification of the 2004
Right -of -Way Maintenance Assessment Program charges to be assessed against benefitted properties.
AdoptedYeas - 5 Nays - 0
15.Resolution - 04 -861 - Setting a public hearing date for November 3, 2004, for proposal of the 2005
Right -of -Way Maintenance Assessment Program charges to be assessed against benefitted properties.
AdoptedYeas - 5 Nays - 0
16.Resolution - 04 -862 - Approving renewal of the City's contract with Saint Paul Neighborhood
Network (SPNN) for the provision of Public and Educational access services and community
programming.
AdoptedYeas - 5 Nays - 0
17.Resolution - 04 -863 - Authorizing an offset of certain capital obligations of the cable franchise for
2005 pursuant to Article III, Section 304 (a) of the cable television franchise.
AdoptedYeas - 5 Nays - 0
18.Resolution - 04 -864 - Authorizing the Police Department to accept a donation of a security computer
from FKI Security to be used at the front desk of the Police Department Headquarters.
AdoptedYeas - 5 Nays - 0
19.Resolution - 04 -865 - Memorializing City Council action taken August 4, 2004 denying 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.
AdoptedYeas - 5 Nays - 0
20.Resolution 04 -866 - Accepting donations in the amount of $3,000.00 from a private citizen and
$665.00 from the Friends of Saint Paul and Ramsey County Parks and Trails to be used respectively for
Phase 2 of the Cherokee Heights Bluff Restoration project and the Prescribed Burn Program.
AdoptedYeas - 5 Nays - 0
21.Resolution - 04 -867 - Revoking the rental registration certificate for property at 101 Front Avenue
registered to Maxine Iverson.
AdoptedYeas - 5 Nays - 0
22.Resolution - 04 -868 - Revoking the rental registration certificate for property at 1146 Edgerton Street
registered to Kimberly Golden.
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AdoptedYeas - 5 Nays - 0
23.Resolution Approving Assessment - 04 -869 - In the matter of the assessment of benefits, cost and
expenses for the sanitary sewer lift station (James Avenue Lift Station), associated gravity main,
forcemain, and sanitary service stubs located generally along James Avenue from Duke Street to
Randolph Avenue /Old Shepard Road, and setting date of public hearing for October 27, 2004. (File
419004)
AdoptedYeas - 5 Nays - 0
FOR DISCUSSION
24.Resolution Ratifying Assessment- 04 -238 - In the matter of excessive consumption of police services
for the property at 970 University Avenue West from June 15, 2003 to November 23, 2003. (File No.
SPPD03B) (Public hearing held February 25; laid over from June 9)
WithdrawnYeas - 6 Nays - 1 (Lantry)
25.Resolution - 04 -445 - Allocating $100,000 in CIB funding for improvements to Ramsey County's
Gustafson- Phalen Ice Arena. (Laid over from June 9)
Withdrawn
26.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
September 1)
AdoptedYeas - 6 Nays - 1 (Helgen)
27.Resolution - 04 -838 - Authorizing a spending and financing plan in the Division of Parks and
Recreation to cover removal of trees infested with Dutch Elm Disease on private property. (Laid over
from September l; reports will be provided by Peter White, Real Estate Division, and Bob Bierschied
and Greg Reese, Division of Parks and Recreation)
AdoptedYeas - 7 Nays - 0
28.Resolution - 04 -870 - Setting the tax levy for the City of Saint Paul for Fiscal year 2005.
Adopted as amended
Yeas - 4 Nays - 3 (Bostrom, Harris, Montgomery)
29.Resolution - 04 -871 - Setting the tax levy for the Saint Paul Library Agency for Fiscal Year 2005.
AdoptedYeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
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SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
30.1 Adoption - 04 -813 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to
prohibit paintball on City park property.
AdoptedYeas - 7 Nays - 0
31.Final Adoption - 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.
AdoptedYeas - 7 Nays - 0
Recalled Item
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.
Adopted September l; recalled and laid over to September 15
Yeas - 7 Nays - 0
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