Agenda 3-5-2003Page 1 of 9
AGENDA OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 5, 2003 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items 1 -32)
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 Cory Chenevert, Douglas Fink Law Offices (for client Mae /Terrell Adams), Paul Jones,
Northern States Power, dba Xcel Energy (date of incident: 8/27/02), Thomas B. Schway Law Office (for
client Christopher Byrne), Michael and Carmelita Walker, Karin Winegar /Peter Moore, and Christopher
Zumberge.
2. Summons and Complaint in the matter of Josala Landvick vs. the City of Saint Paul, et al.
3. Notice of Filing of Deposit for Parcel 1 and Affidavit of Marc Manderscheid regarding Deposit for
Parcel 1 (Briggs and Morgan) in the matter of the Saint Paul Housing and Redevelopment Authority vs.
BMMS, LLC, et al. regarding the condemnation of real property for the Hillcrest Village
Redevelopment project.
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4. Notice of Filing Order and Order of Dismissal (Briggs and Morgan) in the matter of the Saint Paul
Port Authority vs. Baillon Company, City of Saint Paul, et al. regarding the condemnation of certain real
property located in the City of Saint Paul for the RiverCentre Pedestrian link.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 26, 2003, to consider the appeal
of Donald Martin to a decision of the Board of Zoning Appeals denying a variance of the allowable
height for an accessory structure in order to legalize an existing garage at 957 Beech Street.
6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1269
Coach Road as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
7. Letter from the Real Estate Division announcing a public hearing before the City Council on March
26, 2003, to consider deleting Roblyn Avenue from Dewey Street to Fairview Avenue due to property
owners petitioning to remove Roblyn Avenue from the Wheeler /Iglehart RSVP Paving and Lighting
Proj ect.
FOR ACTION
8. Resolution - 03 -185 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and Tri- Council Local 120, Local 49 and Local
132. (Laid over from February 26 for adoption).
9. Resolution - 03 -186 - Approving the 2003 -2004 Labor Agreement between the City of Saint Paul and
the International Union of Operating Engineers Local 70. (Laid over from February 26 for adoption).
10. Resolution - 03 -187 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization.
(Laid over from February 26 for adoption).
11. Resolution - 03 -188 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757 - Legal. (Laid over
from February 26 for adoption).
12. Resolution - 03 -213 - Directing the Fire Chief Examining Committee to begin meeting and allowing
the position to be posted using minimum qualifications.
13. Resolution - 03 -214 - Allowing establishments along the St. Patrick's Day parade route to sell beer
and intoxicating liquor in other than plastic or paper containers after 3:00 p.m. on March 17, 2003,
providing that they have persons posted at each entrance and exit until closing time.
14. Resolution - 03 -215 - Entering into an agreement with the Capitol City Partnership to conduct the
Taste of Minnesota in 2003 and 2004 at Harriet Island Regional Park and at other downtown and
riverfront facilities.
15. Resolution - 03 -216 - Approving organizations to the 10% Club list of eligible recipients for 2003.
16. Resolution - 03 -217 - Approving the application, with conditions, for a Second Hand Dealer -Motor
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Vehicle license by Joshua Xiong and Pao Yang, dba Mid - Snelling Auto Sales, 591 Snelling Avenue
North.
17. Resolution - 03 -218 - Authorizing a refund of $220.00 to the property owner at 775 Aldine Street for
being assessed the wrong assessable frontage.
18. Resolution - 03 -219 - Accepting a sidewalk easement from Chestnut Housing, LP within the Upper
Landing Housing Project area in order to maintain appropriate right -of -way widths.
19. Resolution - 03 -220 - Concerning adverse action against the City Contractor/
Exterior Finishing license held by John Nedoroscik, dba Nedoroscik Exteriors.
20. Resolution - 03 -221 - Concerning adverse action against the House Sewer Contractor's license held
by Ken Bottila, dba Don Zappa & Son Excavating, Inc.
21. Resolution - 03 -222 - Concerning adverse action against the Taxicab Driver Renewal license
application submitted by Anthony Tworoski.
22. Resolution - 03 -223 - Concerning adverse action against the Taxicab Driver license application
submitted by Charles Brown.
23. Resolution - 03 -224 - Concerning adverse action against the Taxicab Driver license application
submitted by Nicholas Van Kampen.
24. Resolution - 03 -225 - Establishing a 2003 financing and spending plan for Saint Paul Police
Department services provided to the Public Housing Agency (PHA) of Saint Paul and authorizing the
City of Saint Paul to enter into an agreement with PHA.
25. Resolution - 03 -226 - Accepting a Juvenile Accountability Incentive Block Grant from the
Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to
enter into and implement an agreement with the Minnesota Department of Economic Security.
26. Resolution - 03 -227 - Accepting a street easement from North East Neighborhoods Development
Corporation (NENDC) for property located at 1199 White Bear Avenue (southwest corner of White
Bear Avenue and Maryland Avenue).
27. Resolution - 03 -228 - Amending Council File No. 02 -1127 by adding support for Senate File No. 36
relating to ethanol producer payments.
28. Resolution - 03 -229 - Amending and closing out a variety of Parks and Recreation Capital Project
budgets and transferring the remaining balance to the Como Park Trail Tunnel project.
29. Resolution - 03 -230 - Adopting the findings of fact related to the demolition of buildings located in
proposed future Westminster Junction Business Center Tax Increment Financing District.
30. Preliminary Order - 03 -231 - In the matter of improving Selby Avenue from Kent Street to Avon
Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at
corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new
lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and
setting date of public hearing for April 2, 2003. (File Nos. 18981 and 18981 C)
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31. Preliminary Order - 03 -232 - In the matter of constructing a pedestrian and bicycle trail which will
link the existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via
Fourth and Prince Streets, and doing all other work necessary to complete said improvements including
acquiring the necessary right -of -way and easements, and setting date of public hearing for March 26,
2003. (File No. AE2002 -05)
32. Resolution Approving Assessment - 03 -233 - In the matter of approving the assessment of benefits,
costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent
Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street),
and setting date of public hearing for April 23, 2003. (File No. 18945)
FOR DISCUSSION
33. Resolution - 03 -64 - Approving the appointment of Karen Johnson, by Mayor Kelly, as Director of
Technology and Management Services effective January 6, 2003. (Laid over from February 5)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED B Y THE CITY COUNCIL. IT IS READ AT
FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY
THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
34. Final Adoption - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271
pertaining to Disorderly Houses.
35. Final Adoption - 03 -99 - An ordinance establishing the minimum qualifications for the vacancy for
the position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and
Section 12.12.1 of the Saint Paul City Charter.
36. Final Adoption - 03 -100 - An ordinance establishing an Examining Committee for the position of
Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
37. Final Adoption - 03 -102 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
deleting certain licenses no longer enforced by the City of Saint Paul and reflecting new license fees for
tanning parlors, massage centers, therapeutic massage practitioners, sidewalk cafes, animal permits, dog
licenses and boarding fees.
38. Final Adoption - 03 -103 - An ordinance amending Chapter 127 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with designations to the fee
schedule contained in Section 310.18.
39. Final Adoption - 03 -104 - An ordinance amending Chapter 320 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
40. Final Adoption - 03 -105 - An ordinance amending Chapter 326 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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41 Final Adoption - 03 -106 - An ordinance amending Chapter 332 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
scheduled contained in Section 310.18.
42. Final Adoption - 03 -107 - An ordinance amending Chapter 333 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
43. Final Adoption - 03 -108 - An ordinance amending Chapter 334 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
44. Final Adoption - 03 -109 - An ordinance amending Chapter 338 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
45. Final Adoption - 03 -110 - An ordinance amending Chapter 340 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
46. Final Adoption - 03 -111 - An ordinance amending Chapter 342 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
47. Final Adoption - 03 -112 - An ordinance amending Chapter 350 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
48. Final Adoption - 03 -113 - An ordinance amending Chapter 351 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
49. Final Adoption - 03 -114 - An ordinance amending Chapter 352 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
50. Final Adoption - 03 -115 - An ordinance amending Chapter 356 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
51. Final Adoption - 03 -116 - An ordinance amending Chapter 361 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
52. Final Adoption - 03 -117 - An ordinance amending Chapter 365 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
53. Final Adoption - 03 -118 - An ordinance amending Chapter 368 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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54. Final Adoption - 03 -119 - An ordinance amending Chapter 369 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
55. Final Adoption - 03 -120 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
56. Final Adoption - 03 -121 - An ordinance amending Chapter 371 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
57. Final Adoption - 03 -122 - An ordinance amending Chapter 372 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
58. Final Adoption - 03 -123 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
59. Final Adoption - 03 -124 - An ordinance amending Chapter 391 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
60. Final Adoption - 03 -125 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
61. Final Adoption - 03 -126 - An ordinance amending Chapter 406 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
62. Final Adoption - 03 -127 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
63. Final Adoption - 03 -128 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
64. Final Adoption - 03 -129 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
65. Final Adoption - 03 -130 - An ordinance amending Chapter 413 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
66. Final Adoption - 03 -131 - An ordinance amending Chapter 416 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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67. Final Adoption - 03 -138 - An amending ordinance to Council File No. 01 -648, adopted July 18,
2001, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Arcade Street area.
68. Final Adoption - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26,
2002, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Sunray Area.
69. Final Adoption - 03 -159 - An ordinance finalizing City Council action granting the application of
Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family
Residential) for construction of six townhouses at 965 St. Paul Avenue. (Public hearing held November
6, 2002)
70. Final Adoption - 03 -160 - An ordinance finalizing City Council action granting the application of
Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1
(Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this
location. (Public hearing held December 4, 2002)
71. Final Adoption - 03 -161 - An ordinance finalizing City Council action approving the application of
Royal Crest Properties, Inc. to rezone property from R -4 (One - Family Residential) to RM -1 (Multiple -
Family Residential) to construct two four -unit townhouse structures (8 units total) at the southeast
corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002)
72. First Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning
map, in off - street parking standards, and hillside design standards.
73. First Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes.
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
74. Resolution - 03 -236 - Expanding Area 12 by establishing No Parking 8:00 a.m. to 4:00 p.m. Monday
through Friday and 8:00 a.m. to Noon Saturday, except holidays, except by permit on both sides of
Kenneth Street from Palace Avenue to alley 130 feet south.
75. Resolution - 03 -237 - Ordering the owner to remove or repair the building at 1107 Bush Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
76. Resolution Ratifying Assessment - 03 -238 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean up) for properties located at 774 Central Avenue, 430
Edmund Avenue, 837 Fourth Street, East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA);
demolition of building located at 1000 Reaney Avenue (J0204CC); and boarding -up of vacant building
located at 567 Stryker Avenue (J0207BB). (Laid over from February 26)
(Legislative Hearing Officer recommends the following:
271 Maria Avenue (J0207AAA) - approval of the assessment
1000 Reaney Avenue (J0204CC - laying over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting
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567 Stryker Avenue (J0207BB) - approval of the assessment
430 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -
year period
837 Fourth Street East (J0207AAA )_ - laying over to the March 25, 2003, Legislative Hearing and
the April 2, 2003, City Council Meeting
550 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -
year period
774 Central Avenue West (J0207AAA _ approval of the assessment)
77. Resolution Ratifying Assessment - 03 -239 - In the matter of the assessment of benefits, cost and
expenses for towing abandoned vehicles from private property for parts of May, June, July, and August
of 2002 (J0205V); boarding up vacant buildings for December 2002 (J0208B); and summary abatements
(property clean -up) for part of July 2002 to part of December 2002.
(Legislative Hearing Officer recommends the following:
670 Palace Avenue (J0207Al) - laying over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting
236 Arlington Avenue West (J0207A1) - approval of the assessment
2021 California Avenue East (J0207A1) - approval of the assessment
972 Dayton Avenue (J0205V - laying over to the March 25, 2003, Legislative Hearing and the
April 2, 2003, City Council Meeting
1817 Dayton Avenue (J0207A1) - approval of the assessment
691 Edmund Avenue (J0205V) - approval of the assessment
123 Geranium Avenue East (J0205V) - approval of the assessment
1264 Marshall Avenue (J0207Al) - approval of the assessment
679 Maryland Avenue East (J0207AI) - approval of the assessment
1774 Norfolk Avenue (J0207A1) - deleting the assessment
645 Oakdale Avenue (J0207Al) - approval of the assessment
892 Wilder Street South (J0207Al) - reducing the assessment by $100.00 from $400.50 to $255.50
plus the $45.00 administrative fee for a total assessment of $300.50.
712 Hawthorne Avenue East (J0207AI) - laying over to the March 11, 2003, Legislative Hearing
and the March 26, 2003, City Council Meeting
289 Fifth Street East (J0208B) - deleting the assessment
1364 Marion Street (J0205V) - deleting the assessment
774 Central Avenue West (J0205V) - approval of the assessment)
78. Appeal of James Bigelow, Sr. to a summary abatement order dated January 27, 2003, for property at
707 Maryland Avenue East. (Legislative Hearing Officer recommends denying the appeal)
79. Appeal of Mark Meysembourg to a notice of condemnation dated February 3, 2003, for property at
970 Euclid Street. (Legislative Hearing Officer recommends denying the appeal)
80. Resolution Ratifying Assessment - 03 -240 - In the matter of the assessment of benefits, cost and
expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete
driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern
style lighting system, and all other work necessary to complete said improvements on Sixth Street
between Mounds Boulevard to Maria Avenue. (File No. 18970)
81. Public hearing to consider the application of Speedway Super America, LLC to rezone property
from R -4 (Single - Family Residential) to B -3 (General Business) for expansion and rebuilding of an auto
convenience market at 1173, 1177 and 1183 Arkwright Street (between Maryland Avenue and Rose
Avenue).
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82. Public hearing to consider a revision and adoption of Flood Plain Ordinance and Flood Plain Zoning
Map for all property in the City of Saint Paul located within the flood plain.
83. Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint
Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White
Bear Avenue (SE corner of Larpenteur Avenue).
84. Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of
the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand
Avenue (SE corner of Syndicate Street).
Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
www.ci.stpaul.mn.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.m., 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.m., and 5:30 p.m.; 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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