Agenda 5-26-2004Page 1 of 8
AGENDA OF THE SAINT PAUL CITY
COUNCIL
Wednesday, May 26, 2004 - 3:30 p.m.
PUBLIC HEARINGS
The public hearing on the smoking ban ordinance will start at 5:30 p.m.
All other public hearings will start at 6:30 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
• Housing and Redevelopment Authority
CONSENT AGENDA (Items 1 - 22)
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 Diane Grau, Amberly Hunziker, Antonio Nerios IV, Victoria Vasquez, Laura Wild, and Ben
Zinner.
2. Summons and Complaint in the matter of Travonte Marquise Dushonn Davis, a minor, by his parent
and legal guardian Sherrita Davis vs. the City of Saint Paul, et al.
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3. Summons and Complaint in the matter of Shem M. Shakir and Sybil Shakir vs. the City of Saint Paul,
et al.
4. Notice of Appeal from Commissioners' Award for Condemnation in the matter of Laura Clingman
Fischer, formerly known as Laurie C. Fuechmann and as Laurie Clingman Fuechtmann and Allen G.
Fuechmann, also known as Allen Gerhard Fuechmann.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 2, 2004, to consider the application of Miguel Ramos, Consultant
representing Bymore Inc., for a sound level variance to allow a DJ and live music performance for the
hours of 12:00 p.m. to 6:00 p.m. on June 12, 2004 at 857 Payne Avenue.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 2, 2004, to consider the appeal of Glenn Picha to a decision of
the Board of Zoning Appeals denying a request to modify a condition of a previous variance in order to
widen a curb cut at 1719 Field Avenue.
7. Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
declaring 837 4th Street East a nuisance property and setting date of Legislative Hearing for June 8, 2004
and City Council Hearing for June 23, 2004.
8. Letters from the Department of Neighborhood Housing and Property Improvement declaring 1011
Saint Paul Avenue and 596 Wells Street as nuisance properties. (For notification purposes only; a public
hearing will be scheduled at a later date if necessary.)
9. 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: 756 Aurora Avenue, 472 Cretin Avenue, 948 4th Street East,
1021 Sims Avenue, and 2175 Temple Court.
FOR ACTION
10. Approval of minutes of April 28, May 5, and May 12, 2004
11. Resolution - 04 -526 - Approving the Memorandum of Agreement between the
City of Saint Paul and District Lodge No. 77 International Association of Machinists and Aerospace
Workers AFL -CIO. (Laid over from May 19 for adoption)
12. Resolution - 04 -541 - Accepting a conference pass from MnBIO Organization for Mayor Kelly to
attend the International BIO Conference in San Francisco from June 6 - 9, 2004.
13. Resolution - 04 -542 - Accepting a Safe and Sober grant from the Minnesota Department of Public
Safety and authorizing the City to enter into, and Chief William Finney to implement, an agreement with
the Minnesota Department of Public Safety.
14. Resolution - 04 -543 - Approving the April 27, 2004, decisions of the Legislative Hearing Officer on
Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for the following addresses:
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1928 University Avenue West,
149 University Avenue East, 1408 Arcade Street, and 536 Thomas Avenue.
15. Resolution - 04 -544 - Revoking the rental registration certificate for property at 711 St. Anthony
Avenue registered to Luther L. Whitehead.
16. Resolution - 04 -545 - Memorializing City Council action taken April 28, 2004, granting the appeal of
the District 6 Planning Council to a decision of the Planning Commission approving a Conditional Use
Permit for a six -unit (3 twin homes) cluster development at 1070 Burgess Street (between Lexington and
Oxford).
17. Resolution - 04 -546 - Granting Cedar Towing and Auction, Inc., permission to move their storage lot
from 3200 Como Avenue to 359 Hoover Street NE, Minneapolis.
18. Resolution - 04 -547 - Authorizing the proper City officials to enter into a Development Agreement
and Lease and Operating Agreement with Neighborhood House for the Paul and Sheila Wellstone Center
for Community Building.
19. Resolution - 04 -548 - Establishing and designating the turnback of Hoyt Avenue (County State Aid
Highway 56) from Snelling Avenue to Hamline Avenue from the jurisdiction of Ramsey County to the
City of Saint Paul and redesignating this segment of Hoyt Avenue as a Municipal State Aid Street.
20. Resolution - 04 -549 - Establishing and designating the turnback of Hamline Avenue (Country Road
132) from Hoyt Avenue to Larpenteur from the jurisdiction of Ramsey County to the City of Saint Paul
and redesignating this segment of Hamline as a Municipal State Aid Street.
21. Resolution - 04 -550 - Amending the spending and financing plans of the 2004 Residential Street
Vitality Program in the Department of Public Works by transferring funding from the Edgewater
Boulevard and 1999 Major Sewer Repair projects and adding Water Utility and Special Assessment Bond
funding.
22. Resolution Approving Assessment - 04 -551- 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, and setting date of public hearing for July 28, 2004. (File No. 18981 C)
FOR DISCUSSION
23. 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 and laid over from February 25)
24. Resolution - 04 -456 - Approving the petition of the Housing and Redevelopment Authority to vacate
the east half of the alley in the block bounded by University, Dale, Aurora and St. Albans in order to
develop a new library and new housing. (File No. 04 -2004) (Laid over from May 12)
25. Resolution - 04 -509 - Approving the Pilot Project, pursuant to Civil Service Rule 8A.6, to jointly
administer and process examinations with Ramsey County for the title Library Clerk. (Approved by the
Library Agency on May 19)
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26. Resolution - 04 -501 - Ordering the owner to remove or repair the building(s) at 271 Maria Avenue
within fifteen (15) days from adoption of resolution. (Public hearing held May 5) (Legislative Hearing
Officer recommends granting the owner 180 days to rehabilitate the property on condition that a time line
and a rehabilitation plan is provided by noon on May 26, 2004)
27. Appeal of Janet Pelzel to a Summary Abatement Order for property at 1854 Benson Avenue. (Public
hearing held May 5) (Legislative Hearing Officer recommends denying the appeal and making the
effective date May 11, 2004.)
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. Second Reading - 04 -537 - An ordinance amending Chapter 61 of the restructured Zoning Code,
setting fees to defray costs of reviewing, investigating and administering services, materials and work
performed and furnished to persons making zoning applications to the City, and reducing the period for
administrative appeals and appeals to the City Council.
29. Second Reading - 04 -538 - An ordinance memorializing City Council action
granting the application of Headwaters Real Estate to rezone property from
RM -2 (Multi - Family Residential) to OS -1 (Office Service) or TN (Traditional Neighborhood - if
available) for a consulting firm office at 585 Grand Avenue, between Oakland Avenue and Dale Street.
(Public hearing held April 28, 2004)
PUBLIC HEARINGS
The public hearing on the smoking ban ordinance will be held from 5:30 - 6:30 p.m. followed by the
remaining public hearings.
30. Third Reading - 04 -520 - An ordinance prohibiting smoking in bars and restaurants; creating
responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation.
31. Third Reading - 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.
32. Resolution - 04 -552 - Approving the application for a sound level variance by Jeff Fye, Project
Manager, representing Carl Bolander & Sons Company, to allow construction work to install a
pedestrian/bike trail and tunnel under the BNSF tracks at the intersection of Lexington Parkway North
and Jessamine Avenue from May 29, 2004 to June 1, 2004.
33. Resolution - 04 -553 - Approving the petition of Michael and Kimberly Byrd to vacate part of the
alley in Block 8, Elmer and Morrison's Rearrangement, bounded by Wheeler and Amherst Streets and
Lincoln and Goodrich Avenues, in order to extend the petitioners' back yard.
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34. Resolution Ratifying Assessment - 04 -499 - In the matter of the assessment of benefits, cost and
expenses for towing an abandoned vehicle from 518 Ohio Street. (File 4J0304V) (Laid over from May 5)
(Legislative Hearing Officer recommends approval)
35. Resolution Ratifying Assessment - 04 -554 - In the matter of the assessment of benefits, cost and
expenses for construction of a sanitary sewer and service connections in Atlantic Street from
approximately 700 feet north of East 7th Street to approximately 913 feet north of East 7th Street. (File
No. 18965)
36. Resolution - 04 -500 - Ordering the owner to remove or repair the building(s) at 906 Duchess Street
within fifteen (15) days from adoption of resolution. (Laid over from May 5) (Legislative Hearing Officer
recommends approval)
37. Resolution - 04 -399 - Ordering the owner to remove or repair the building(s) at 785 Butternut Avenue
within fifteen (15) days from adoption of resolution. (Laid over from April 28 for continuation of public
hearing) (Legislative Hearing Officer recommends granting 180 days to complete rehabilitation of the
property.)
38. 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 April 28 for continuation of public
hearing) (Legislative Hearing Officer's recommendation is forthcoming)
39. Resolution Ratifying Assessment - 04 -555 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) during December 2003 at 1819 Sheridan Avenue
(J0309A) (Laid over from March 24) (Legislative Hearing Officer recommends deleting the assessment)
40. Resolution Ratifying Assessment - 04 -556 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during January and February 2004 (J0401A);
towing abandoned vehicles from private property from August through November 2003 (J0401 V); and
boarding -up vacant buildings in January and February 2004 (J0401B).
(Legislative Hearing Officer recommends the following:
1120 Payne Avenue (J0401 V) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
911 Wilson Avenue (J0401 V) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
1819 Sheridan Avenue (J0401A) - deleting the assessment;
949 Sherburne Avenue (J0401A) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
932 Iroquois Avenue (J040IA) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
515 York Avenue (J040IV) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
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1591 Taylor Avenue (J0401A) - laying over to the May 25 Legislative Hearing and the May 26 City
Council Meeting;
1054 Arkwright Street (J0401A) - deleting the assessment;
971 Aurora Avenue (J0401A) - reducing the total assessment from $323 to $153 plus the $70 service fees
for a total assessment of $223;
260 Baker Street East (J0401 V) - approval of the assessment;
1695 Burns Avenue (J0401A) - approval of the assessment;
2134 Bush Avenue (J0401A) - approval of the assessment;
733 Case Avenue (J0401V) - reducing the total assessment from $615 to $135 plus the $70 service fees
for a total assessment of $205;
745 Case Avenue (J0401 V) - approval of the assessment;
1170 Conway Street (J0401 V) - approval of the assessment.;
1459 Danforth Street (J0401 V) - recommendation is forthcoming;
515 Desnoyer Avenue (J0401A) - recommendation is forthcoming;
1033 Hawthorne Avenue East (J0401A) - approval of the assessment;
233 Sherburne Avenue (J0401 V) - laying over to the May 25, 2004 Legislative Hearing and the May 26
City Council Meeting;
858 Jessamine Avenue East (J0401 V) - spreading the payments of the assessment over a five -year period;
2171 Knapp Street (J0401A) - reducing the total assessment from $295 to $130 plus the $70 service fees
for a total assessment of $200;
811 Lafond Avenue (J0401 V) - approval of the assessment;
1171 Lawson Avenue East (J0401 V) - approval of the assessment;
988 Marshall Avenue (J0401A) - approval of the assessment;
1627 Marshall Avenue (J040IV) - recommendation is forthcoming;
1120 McLean Avenue (J0401 V) - recommendation is forthcoming;
994 Reaney Avenue (J0401A) - approval of the assessment;
876 Rice Street (J0401A) - approval of the assessment;
1261 Seventh Street East (J0401 V) - approval of the assessment;
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233 Sherburne Avenue (J0401 V) - approval of the assessment;
674 Fuller Avenue (J0401 A, J0401 B):
J0401B - approval of the assessment;
J0401A - reducing the total assessment from $83.50 to $1 plus the $70 service fees for a total assessment
of $71;
808 Selby Avenue (J0401A) - deleting the assessment;
1237 Jackson Street (J0401A); approval of the assessment;
1972 Nokomis Avenue (J0401A) - approval of the assessment;
740 Stryker Avenue (J0401B) - approval of the assessment.)
41. Resolution Ratifying Assessment - 04 -557- In the matter of the assessment of benefits, cost and
expenses for boarding -up vacant buildings during December 2003 at 1114 7th Street East. (File
J0307BA) (Legislative Hearing Officer recommends approval)
42. Appeal of Denise Day to a Summary Abatement Order for property at 1138 Thomas Avenue.
(Legislative Hearing Officer recommends denying the appeal)
43. Amended Final Order in Condemnation Proceedings - 04 -558 - In the matter
of acquiring permanent easements for right -of -way purposes and temporary construction easements for
construction of Phalen Boulevard between Arcade Street and Johnson Parkway.
44. Public hearing to consider the application of R & N Corporation (Saxon Ford) to rezone property at
250 & 262 Sherburne Avenue, between Farrington and Galtier, from RT -1 (Two - Family Residential) to
B -3 (General Business) to expand the existing business and add parking. (Laid over from May 5)
45. Public hearing to consider the appeal of Jason Pulczinski to a decision of the Planning Commission
denying a lot split at 1465 Hazelwood Street, between Nevada and Arlington Avenues.
46. Public hearing to consider 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, SE corner at Milton Street.
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
Wednesday, May 26, 2004
2:00 - 3:00 p.m.
City Council Chambers, Third Floor
Saint Paul City Hall
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Jan Magnuson
(651) 266 -6604
AGENDA
ROLL CALL
CONSENT AGENDA
1. Approval of May 12, 2004 meeting minutes.
2. Rescission of 2004 Low Income Housing Tax Credits from Walter Place Apartment, District 8.
3. Authorization to Enter Into a Development Agreement with Sherman Associates, Inc. For the
Payne/Phalen Mainstreet Redevelopment Project and Approve Funding for Phases la, lb and lc of the
Payne/Phalen Project, District 5.
DISCUSSION
4. Ames Lake Project Approvals, District 2.
ADJOURNMENT
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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