Agenda 11-5-2003Page 1 of 8
AGENDA OF THE SAINT PAUL CITY
COUNCIL
Wednesday, November 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
Chris Rider - 651- 266 -8633
Vicki Sheffer - 651- 266 -8673
Office of the City Council
Web Index
• Consent Agenda
• Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items 1 - 31)
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 Luther and Mary Bexell, Paris DeLisle, Tammy Hatter (for Georgetown Park), Nicole
Lienke, Andrea Olson, Lloyd Perry (CMR Qwest Claims), Robert Samuelson, Walker Law Offices, P.A.
(For Quira Jackson), Jeffrey Tobin, George Wright, and Ha Xiong.
2. Petition in Condemnation and Motion for Transfer of Title and Possession and Notice of Hearing in the
matter of the City of Saint Paul vs. 011ie Christian, et al.
3. Summons and Complaint in the matter of Harold H. Dorland vs. the City of Saint Paul, et al.
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4. Summons and Complaint in the matter of John Moore vs. the City of Saint Paul, et al.
5. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 19, 2003 to consider the petition of Scott and Jennifer Ebel to vacate part of the alley at 125
Hyacinth Avenue West to facilitate construction of a retaining wall.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 19, 2003 to consider the application of Jason's Dry Ice for a
subdivision by lot split to create two industrial parcels with a variance of the requirement to plat
previously unplatted land at the northwest corner of Charles Avenue and Transfer Road.
FOR ACTION
7. Approval of minutes of September 24, 2003.
8. Resolution - 03 -966 - Approving the Memorandums of Agreement between the City of Saint Paul and
the Saint Paul Supervisors Organization and the Professional Employees Association extending the
previously approved pilot project within the Department of Public Works for the Civil Engineer position.
(To be laid over one week for adoption)
9. Resolution - 03 -967 - Approving the reappointments, by Mayor Kelly, of Liz Anderson and Trude
Harmon to Our Fair Carousel Board.
10. Resolution - 03 -968 - Appointing outside counsel for the City of Saint Paul in the case of Town
Square Realty, LLC vs. City of Saint Paul and Michael Wong, dba Town Square Garden Inc.
11. Resolution - 03 -969 - Memorializing City Council action taken October 22, 2003 denying the appeal
of Vitctak and Hayne to rezone property from R -4 (single - family residential) to RT -1 (two - family
residential) to allow a duplex at 895 and 905 Kennard Street between York and Stillwater Avenues.
12. Resolution - 03 -970 - Concerning adverse action against the licenses held by DARP Corporation, dba,
Fitti's, 828 Seventh Street East.
13. Resolution - 03 -971 - Suspending all licenses immediately for Cab's Pub and Eatery Inc., 992 Arcade
Street, until such time as a fine and half the cost of an Administrative Law Judge hearing ($1,260 total)
are paid.
14. Resolution - 03 -972 - Amending C.F. 03 -629 and granting Robert Pilz, Homevestors, Inc., dba Home
Renew LLC, 180 days to complete the rehabilitation of 928 Maryland Avenue East.
15. Resolution - 03 -973 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for 75 Plato Boulevard West, 361 Bates
Avenue, 1941 Nortonia Avenue, 877 Snelling Avenue North and 1099 Jenks Avenue.
16. Resolution - 03 -974 - Approving the application, per the Legislative Hearing Officer, for a Malt On
Sale (3.2) License by Bernardo Crisanto, President, BJB Mex, Inc. Dba Cafe Del Sol, 863 Seventh Street
East.
17. Resolution - 03 -975 - Approving the application, with a condition, for a Dance Hall or Rental Hall
License, per the Legislative Hearing Officer, by Jan M. Nelson, Manager, St. Paul College Club AAUW,
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dba St. Paul College Club, 990 Summit Avenue.
18. Resolution - 03 -976 - Approving an application with conditions per the Legislative Hearing Officer
for Malt On Sale (Strong), Wine On Sale, and Restaurant (B) Licenses by Binh Le and John A. Bui, co-
owners, Grand Thai Restaurant, 758 Grand Avenue.
19. Resolution - 03 -977 - Renaming Old Kellogg Boulevard, between Summit Avenue and College
Avenue, is co -named Mother Teresa of Calcutta Boulevard and requesting the appropriate signage be
placed by the Department of Public Works.
20. Resolution - 03 -978 - Approving the allocation of Federal Emergency Shelter Grant Program funds to
the listed non - profit agencies for the purpose of assisting them to provide a wide range of service to
people who are "homeless" or at "risk of becoming homeless."
21. Resolution - 03 -979 - Accepting a $3,000 Grant from the Family Housing Fund in recognition of
PED's Mortgage Foreclosure Prevention Program participation with "Don't Borrow Trouble" Campaign,
an educational initiative to combat predatory lending.
22. Resolution - 03 -980 - Authorizing the Department of Planning and Economic Development to apply
to the Metropolitan Council for a Tax Base Revitalization grant for asbestos removal for the Lowry
Professional Building.
23. Resolution - 03 -981 - Authorizing the transfer of taxicab licenses from Yellow Cab Service
Corporation dba Airport and Airline Taxicab Corporation to Intrastate Incorporated, dba Airport and
Airline Taxicab Corporation.
24. Resolution - 03 -982 - Allowing the Office of License, Inspections and Environmental Protection's
Animal Control Center to accept, at no charge, three stacked, stainless steel animal holding cages from
Animal Ark.
25. Resolution - 03 -983 - Authorizing an offset of certain capital obligations of the cable franchisee for
2004 pursuant to Article III, Section 304(a) of the cable television franchise (C.F. 98 -234).
26. Resolution - 03 -984 - Authorizing additions to the financing and spending plans in the 2003 Division
of Parks and Recreation Environmental Permits and Planning activity budget.
27. Resolution - 03 -985 - Approving an agreement between the Board of Water Commissioners and the
City of Saint Paul for central services to be provided by the City to the Board in 2004.
28. Resolution - 03 -986 - Approving Saint Paul Regional Water Services' request to amend its 2003
budget to reflect an increase of $1,954,350 in capital spending for mains and $1,889,000 for campus and
construction.
29. Resolution - 03 -987 - Authorizing and directing the proper city officials to convey by quit claim deed
to the HRA a parcel of land lying westerly of Payne Avenue and northerly of vacated Hopkins Street.
30. Resolution - 03 -988 - Releasing easements in vacated Dewey Street and the vacated alley between
Union Park and Hinkel's 3rd Amendment, and accepting and filing the dedication of a sewer easement in
vacated Dewey Street.
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31. Resolution - 03 -989 - Releasing easements in vacated Petit Street, as required for the Phalen
Corridor - Railroad Island Phase I housing development.
FOR DISCUSSION
32. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Laid over from October 8) (Legislative Hearing
Officer recommends approval)
33. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept
a monument from the Hamm's Club, Inc. to be placed in Como Park. (Laid over from October 15)
34. Resolution - 03 -946 - Establishing the year 2004 Residential Street Vitality Program assessment rates.
(Laid over from October 22)
35. Report from the Office of Human Resources and the Risk Management Division regarding
employment rights after City employees who are military reservists are called up for military service.
(Report requested by Council October 15; C.F. 03 -936)
36. Resolution - 03 -990 - Approving a lease agreement with the Saint Paul Port Authority to build Fire
Station No. 8 and have the Port Authority issue lease revenue bonds.
37. Resolution - 03 -991 - Approving a lease agreement with the Saint Paul Port Authority to build Fire
Station No. 8 and use City resources to pay for the construction of the project.
38. Report from the Ramsey County Elections Division regarding the canvass for the November 4, 2003
Saint Paul City Elections (Resolution to be presented at the November 5, 2003 City Council Meeting.)
39. Consideration by the Saint Paul City Council to fill the Ward 5 City Council vacancy for the
remainder of the term which expires at the end of 2003. (Resolution to be presented at the November 5,
2003 City Council meeting.)
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.
40. Final Adoption - 03 -884 - An ordinance creating a new city department to be known as the
Department of Neighborhood Housing and Property Improvement and establishing appropriate functions
and responsibilities.
41. Final Adoption - 03 -885 - An interim ordinance clarifying the length of time of the interim ordinance
governing the Arcade Street Study Area established by Council File No. 01 -648 for a period of twelve
months, and extended for an additional eighteen months in Council File No. 02 -514, for a total of thirty
months, as permitted under Minn. Statute §462.355, Subd. 4.
42. Final Adoption - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
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43. Final Adoption - 03 -887 - An ordinance amending Chapters 32, 33, 43, 45, 51, 105, 163, 189 and 292
of the Saint Paul Legislative Code to accurately reference the functions of the new Department of
Neighborhood Housing and Property Improvement.
44. Final Adoption - 03 -888 - An ordinance amending Chapters 33, 34 and 60 of the Saint Paul
Legislative Code to establish requirements for student dwellings including regular inspections and
installation of hard wired smoke detectors.
45. Final Adoption - 03 -889 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase fees 10% for most categories of permits, except for general building permits, and to increase
annual elevator inspection fees 25 %.
46. Final Adoption - 03 -890 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
allow for reinspection and excessive initial inspection fees to be collected by special assessment.
(Substitute introduced November 5)
47. Final Adoption - 03 -891 - An ordinance amending Chapter 51 (Rental Registration) of the Saint Paul
Legislative Code to allow for interior inspections of one and two unit rental dwellings and clarify grounds
for rental registration revocation. (Substitute introduced November 5)
48. Final Adoption - 03 -892 - An ordinance amending Chapters 87, 89, 91, 92, 94 and 95 of the Saint
Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as
recommended by the Board of Water Commissioners of the City of Saint Paul.
49. Final Adoption - 03 -893 - An ordinance amending Chapter 310 (Uniform License Procedures) of the
Saint Paul Legislative Code to increase fees 25% for some categories of licenses in the City of Saint Paul,
to increase Malt Off -Sale 10 %, Food Institutional 100 %, and to create a fee schedule for the proposed
new environmental plan review fees to be created in Chapters 331A, 367, 380, 412 and 412A.
50. Final Adoption - 03 -894 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code
to require food facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership and inspection
fees.
51. Final Adoption - 03 -895 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code to
require tattoo facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility
as well as provide for change of ownership inspection and fees.
52. Final Adoption - 03 -896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code
requiring tanning facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility
as well as provide for change of ownership inspection and fees.
53. Final Adoption - 03 -897 - An ordinance amending Chapter 412 of the Saint Paul Legislative Code to
require massage facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility
as well as provide for change of ownership inspections and fees.
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54. Final Adoption - 03 -898 - An ordinance amending Chapter 412A of the Saint Paul Legislative Code
to require adult massage parlor owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership inspection and
fees.
55. Final Adoption - 03 -917 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code by
striking the obsolete reports section.
56. Final Adoption - 03 -918 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved the
status quo with respect to the use of property in the Sunray area. (Boston Healthcare)
57. Final Adoption - 03 -919 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved the
status quo with respect to the use of property in the Sunray area. (Old Posey Miller Site)
58. Final Adoption - 03 -916 - An ordinance memorializing City Council action granting the application
of Thomas Lux to rezone property at 2041 Grand Avenue from RM -2 (Multi - Family Residential) to B -2C
(Community Business - Converted) to allow for conversion of a first floor residential unit to a
kitchen/bath design business.
59. Second Reading - 03 -963 - An interim ordinance enacted pursuant to Minn. Stat. §462.355, Subd. 4
preserving the status quo with respect to the use of property within the City of Saint Paul pending the
completion of studies of possible amendments of Saint Paul Legislative Code relating to the repair or
maintenance of non - conforming advertising signs.
60. First Reading - 03 -992 - An ordinance to amend Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners.
61. First Reading - 03 -993 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Trout Brook/Lower Phalen Creek
Greenway zoning maps.
62. First Reading - 03 -994 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to
comply with changes to the state law regarding charitable gambling.
63. First Reading - 03 -995 - An ordinance amending Chapter 409.21 of the Saint Paul Legislative Code to
comply with changes to the state law regarding charitable gambling.
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
64. Public Hearing to hear concerns and comments from the public regarding the City, Housing and
Redevelopment Authority, Public Library Agency, Saint Paul Regional Water Services, and RiverCentre
Authority 2004 Budgets, Service Levels and Tax Increment Financing Plans for development activities.
The following Resolutions will be considered as part of the Public Hearing which will be acted upon the
final Budget adoption on or about December 10, 2003:
Resolution - Concurring with action taken by the Board of Water commissioners establishing the water
rates for 2004.
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Resolution - Ratifying the 2004 Sanitary Sewer rates and the 2004 Storm Sewer System Charges.
Resolution - Approving the 2004 Right -of -Way Maintenance Assessment Program charges against
benefitted properties.
65. Third Reading - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the
Arcade Street Commercial 40 Acre Study. (Substitute introduced November 5)
66. Resolution - 03 -996 - Approving the petition of the Taco Bell Corporation to vacate a portion of Rice
Street (near Larpenteur Avenue) to remedy a building encroachment. (TMS File 414- 2003).
67. Resolution - 03 -997 - Approving the petition of the State of Minnesota to vacate parts of Minnesota
Street, Columbus Avenue and East Central Park to facilitate the redevelopment of the Capital Office
Complex.
68. Resolution - 03 -998 - Establishing No Parking, 8:00 AM - 8:00 PM., Monday through Friday, except
by permit, Area 23 (St. Thomas College), on both sides of Fairmount Avenue from Cretin Avenue to
Mount Curve Avenue.
69. Resolution Ratifying Assessment - 03 -999 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of July, 2003 at 1577 Ivy
Avenue East (J0306A1); and towing abandoned vehicles from private property during November and
December, 2002 at 853 Marion Street and 956 Minnehaha Avenue East (J0302V) (Laid over from
October 22)
Legislative Hearing Officer recommends the following:
1577 Ivy Avenue East - approval of the assessment
853 Marion Street - reducing the assessment to $235 plus the $45 service fees for a total
assessment of $280
956 Minnehaha Avenue - approval of the assessment
70. Appeal of Jeffrey Clemons to a Summary Abatement Order for property at 180 Prescott Street.
(Legislative Hearing Officer recommends granting the appeal)
71. Appeal of Sean Schouveller to a Summary Abatement Order for property at 873 Johnson Parkway.
(Legislative Hearing Officer recommends denying the appeal)
72. Public hearing to consider the application of St. Paul Public Housing Agency to rezone property at
280 Ravoux Street from RM -3 (Multiple Family) to RM -2 (Multiple Family) to allow single family
houses.
73. Public hearing to consider the application of Leonard and Barbara Paczosa to rezone property at 1194
E. Maryland Avenue (between Duluth Street and Lane Place) from R -4 (One Family Residential) to B -2
(Community Business) for expansion of an auto convenience market/car wash.
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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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