Agenda 5-28-2003Page 1 of 9
AGENDA OF THE SAINT PAUL CITY
COUNCIL
Wednesday, May 28, 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 Merciel Bredy, Bernice Dougherty, Leo Ng, and Paige Connelly, Ltd. (for client Martin
Hadden).
2. Statement of Claims and Summons in the matter of Kim Swenson vs. the City of Saint Paul.
3. Summons in the Matter of the Application of Guptil Contracting, Inc. vs. the City of Saint Paul
(Walnut Ridge area).
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing on June 4, 2003, to consider the application of Bill Larson, Owner, Minnesota Music Cafe, 499
Payne Avenue, for a sound level variance on June 7, 2003, for outdoor music between the hours of 6:00
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p.m. and 12:00 midnight subject to conditions.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the application of Hunt Associates for a combined
plat to create four parcels for the Emerald Gardens Housing Development (a mixed housing
development with apartments and townhomes) at the area bounded by Ellis Avenue, Emerald Street,
Berry Street
and Franklin Avenue.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the appeal of Snelling- Hamline Community
Council to consider a decision by the Planning Commission denying their previous appeal of the Office
of License, Inspections and Environmental Protection's issuance of a billboard repair permit to Clear
Channel Outdoor for the replacement of sign face panels on an illuminated freeway billboard at 1459
Roblyn Avenue (rooftop billboard at the southeast corner of I -94 and Pascal Avenue).
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the application of Mendota Homes, Inc. to rezone
property from B -2 to RM -2 to be consistent with the 11 -unit resident structure being built at 1071 South
Cleveland Avenue.
8. Letter from the Office of the City Attorney announcing the rescheduling of a hearing before an
Administrative Law Judge from May 22, 2003 to June 18, 2003, at 9:30 a.m., Room 41, Saint Paul City
Hall, 15 W. Kellogg Blvd, concerning the application for Massage Practitioner and Massage Center (A)
licenses by Eric Weisman dba Eric Weisman & Assoc. PA for the premises at 287 6 th Street East.
9. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the request of Lowertown Bluffs, LLC to grant a license and temporary and permanent
easements to use a 20 -foot wide lane on City park property to facilitate construction of a housing
development on the abutting Lowertown Bluffs property and provide permanent fire access after
completion of the project.
10. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the request of Xcel Energy -Gas to grant a permanent easement located on City
property in Lilydale Park to provide for the construction, operation and maintenance of an underground
anode bed used to regulate and dissipate electric charge in the gas main located parallel to Water Street.
11. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the petition of Robert McCollough to vacate the City's interest in portions of Bancroft
Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown Avenue, and
Congress Street to help develop a small business area owned by the petitioner.
12. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the petition of Jake Cadwallader to vacate the City's interest in portions of Burg Street
and East Street for the purpose of developing the abutting property with new homes.
13. Letter from the Real Estate Division announcing a public hearing before the City Council on June
25, 2003, to consider a request to grant the City of Maplewood a temporary construction easement and
permanent utility easement, located on City of Saint Paul park property immediately north of Lake
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Phalen in Maplewood, for the construction, operation and maintenance of a City of Maplewood storm
sewer.
14. Administrative Orders:
D002297 Extending the contract completion time from October 10, 2002, to June 10, 2003, for the
Sibley Street Streetscape project.
D002298 Authorizing the proper City officials to pay Public Art Saint Paul an amount, not to exceed
$2,990.00, for the costs and expenses of restoration of the sculptures in Cochran and Nathan Hale Parks.
D002299 Revising the budget by moving funds from Wards 2 and 3 Neighborhood Investment Initiative
Program to the Scenic Overlook and NEDA Demonstration Duplex projects.
D002300 Authorizing the Division of Parks and Recreation to spend no more than $500 for food to be
served at a reception during the site visit by the National Accreditation Commission for Parks and
Recreation.
FOR ACTION
15. Approval of minutes of May 7, 2003.
16. Resolution - 03 -485 - Approving pension plan documents as an amendment to the 2003 -2004
Collective Bargaining Agreement between the City of Saint Paul and Tri- Council 120, Local 49 and
Local 132. (To be laid over one week for adoption)
17. Resolution - 03 -486 - Establishing the rate of pay for the new classification titled Library Training
and Organization Development Coordinator /Supervisor in Grade 13 of Bargaining Unit 09, Saint Paul
Supervisors Organization, Salary Schedule.
18. Resolution - 03 -487 - Establishing the rate of pay for the new classification titled Laboratory
Technician II.
19. Resolution - 03 -488 - Approving the appointment, by Mayor Kelly, of Jenni Wagner to the Ramsey
County Workforce Investment Board.
20. Resolution - 03 -489 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for 540 Fairview Avenue North, 1340
Seventh Street West and 1044 Front Avenue.
21. Resolution - 03 -490 - Accepting a Zero Adult Provider (ZAP) program grant from Minnesota Join
Together and establishing a 2003 financing and spending plan for the grant.
22. Resolution - 03 -491 - Authorizing the Police Department to enter into an agreement between the
Police Department and the State of Minnesota Department of Public Safety to establish a user contract
with the State to allow the Police Department access to the various computer databases hosted by the
State including the National Crime Information Center and the Minnesota Criminal Information System.
23. Resolution - 03 -492 - Accepting donations from the Saint Paul Riverfront Corporation and Lancer
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Catering in providing refreshments at receptions during the Commission for the Accreditation of Parks
and Recreation Agencies (CAPRA) on June 3 -6, 2003, as part of the national accreditation application
process.
24. Resolution - 03 -493 - Requesting and accepting donations from area merchants, unions and others
for their contributions to the City of Saint Paul for the annual Employee Picnic to be held on August 14,
2003, at Como Park.
25. Resolution - 03 -494 - Memorializing City Council action taken February 5, 2003, granting the
appeal of Wally Nelson for variances to split a lot and construct a new single family home at 1036
DeSoto Street.
26. Resolution - 03 -495 - Approving the use of Neighborhood STAR Investment Initiative funds for
buckthorn removal.
27. Resolution - 03 -496 - Concerning adverse action against the Tow Truck/Wrecker license application
submitted by Alway's Towing, 14 Acker Street East.
28. Resolution - 03 -497 - Concerning adverse action against the Cigarette /Tobacco license held by
Grand American Restaurant Company, dba The Wild Onion, 788 Grand Avenue.
29. Resolution - 03 -498 - Waiving the 45 -day notice requirement for issuance of wine and strong beer
licenses to D'Amico & Sons, LLC, 975 Grand Avenue, due to a change in corporate ownership
structure.
30. Resolution - 03 -499 - Authorizing the City of Saint Paul to transfer the Office of License,
Inspections and Environmental Protection Building Permit Archive to the Ramsey County Historical
Society.
31. Resolution - 03 -500 - Authorizing the proper City officials to accept and to sign the dedication of a
right -of -way easement for Phalen Boulevard and to file the dedication with Ramsey County.
32. Resolution - 03 -501 - Authorizing the purchase of land (1 parcel at 306 Lexington Parkway North)
for the Jimmy Lee Recreation Center Acquisition and Redevelopment Project.
FOR DISCUSSION
33. Resolution - 03 -502 - Recognizing the yellow flag with three red stripes as the official flag of the
Vietnamese American Community.
34. Update from Sergeant Simons, Saint Paul Police Department, regarding the impact of Council File
No. 02 -612 (ordinance) requiring second hand dealers to report certain transactions. (Update requested
by the Council on November 27, 2002)
35. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as
Norpac Road to the highest responsible bidder. (Laid over from May 14)
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36. Report from the Director of the Division of Parks and Recreation regarding the input received from
the various participants at the Parks and Recreation Reorganization Policy Session and the
Administration's proposed steps for implementing some form of a Rec. Center Reorganization Plan.
(Requested by
the City Council on May 21)
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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
37. Final Adoption - 02 -570 - An ordinance establishing a new height limit for boulevard plantings of 36
inches, except for plantings within fifteen thirty (30) feet of any intersection or within five feet of any
alley, driveway approach or public utility fixture where plantings may not exceed the current height
requirement of twelve eighteen (18) inches in height. (Laid over indefinitely on October 23, 2002;
recalled and substitute introduced on May 21)
38. Second Reading - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21)
39. First Reading - 03 -503 - An ordinance approving rezoning of the east side of Payne Avenue, north of
Hopkins Street and south to Kenny Road to allow construction of three 8 -unit rowhouses. (Public
hearing held May 7, 2003)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
40. Third Reading - 03 -440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to
impose administrative penalties for dogs which repeatedly run at large, to provide a method for
destruction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or
spayed. (A detailed staff report by the Office of License, Inspections and Environmental Protection
will be presented on this ordinance) (Requested by the City Council on May 14)
41. Third Reading - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
allowing skateboarding in Saint Paul unless indicated otherwise.
42. Third Reading - 03 -469 - An ordinance amending Title II of the Saint Paul Administrative Code by
adding a new chapter thereto pertaining to the adoption of council ward boundaries."
43. Resolution - 03 -504 - Authorizing multi - family rental housing tax exempt revenue bonds for Arbor
Pointe Project, District 10, located at Dale Street and Maryland Avenue.
44. Resolution - 03 -505 - Considering a petition of the United States Postal Services to vacate an 80.5
foot wide aerial easement to facilitate the construction of a skyway over Sibley Street between Second
Street and Kellogg Boulevard. (Vacation File No. 26 -2002)
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45. Final Order - 03 -506 - In the matter of the construction of Livingston Avenue from Plato Boulevard
to Fairfield Street with a new bituminous surfaced street, concrete curb and gutter, construct sanitary
sewer /connections, construction of water main /connections, storm sewer connections. (File No. 18986 &
18986W)
46. Final Order - 03 -507 - In the matter of the construction of a sanitary sewer and service connections
for Skyway Drive from Highwood Avenue to approximately 1600 feet up Skyway Drive. (File No.
18984)
47. Final Order in Condemnation Proceedings - 03 -508 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard Phase H between Payne Avenue and
Arcade Street. (File No. 18989)
48. Appeal of Jonathan Bramer to a Summary Abatement Order at 1483 Rice Street. (Legislative
Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.)
49. Appeal of Trudy May Gloe to a Summary Abatement Order at 928 Maryland Avenue East.
(Legislative Hearing Officer recommends laying over to the June 10, 2003, Legislative Hearing
and the June 25, 2003, City Council Meeting.)
50. Resolution Ratifying Assessment - 03 -410 - In the matter of the assessment, benefits, cost and
expenses for summary abatement (property clean -up) for property at 837 Fourth Street East
(J0207AAAA). (Laid over from February 26)
Referred to May 13, 2003, Legislative Hearing and laid over from April 23) (Legislative Hearing
Officer recommends approval of the assessment.)
51. Resolution Ratifying Assessment - 03 -509 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the third quarter of 2002 for 712 Hawthorne
Avenue East (J2TRASH3QA) (laid over February 26); and summary abatement (property clean -up) for
property located at 712 Hawthorne Avenue East (laid over March 26). (Legislative Hearing Officer
recommends approval for both assessments.)
52. Resolution Ratifying Assessment - 03 -5 10 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the fourth quarter of 2002 (J02TRASH4Q),
boarding -up vacant buildings for the month of February, 2003 (J0302B), summary abatement (property
clean -up) for part of January, 2003 to part of March, 2003 (J0302A), summary abatement (snow /ice
removal and /or sanding of walks) from February, 2003 to part of March, 2003 (J0301 SNOW) and
towing of abandoned vehicles from private property for the month of October, 2002. (Legislative
Hearing Officer recommends approval, including the following:
775 Maryland Avenue East (J02TRASH4Q) - laying over to the May 27, 2003, Legislative Hearing
and the June 4, 2003, City Council Meeting.
104 Larpenteur Avenue West (J02TRASH4Q) - laying over to the May 27, 2003, Legislative
Hearing and the June 4, 2003, City Council Meeting.
1004 Bush Avenue (J0302A) - laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.
480 Sidney Street East (J0302A) - reducing the assessment from $456.50 to $311.50 plus the $45
administrative fees for a total assessment of $356.50.
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112 Manitoba Avenue (J0301V) - spreading the assessment over a five year period.
1135 Bradley Street (J0301V)- approval of the assessment.
1756 Beech Street (J0301V) - approval of the assessment.
493 Blair Avenue (J0301V)- approval of the assessment.
897 Carroll Avenue (J0301V) - spreading the assessment over a five year period.
608 Case Avenue (J0301V) - approval of the assessment.
1523 Iglehart Avenue (J0302A) - approval of the assessment.
1539 Iglehart Avenue (J0302A) - approval of the assessment.
955 Jenks Avenue (J0301 SNOW) - approval of the assessment.
860 Lawson Avenue East (J0301V) - spreading the assessment over a five year period.
1459 Matilda Street (J02TRASH4Q) - reducing the assessment from $270 to $90 plus the $45
administrative fees for a total assessment of $135.
554 Minnehaha Avenue West (J02TRASH4Q) - spreading the assessment over a five year period.
873 Newcomb Street (J0301V) - approval of the assessment.
1176 Reaney Avenue (J0302A) - reducing the assessment from $288 to $99 plus the $45
administrative fees for a total assessment of $144.
433 Sherburne Avenue (J0301V) - deleting the assessment.
501 Sherburne Avenue (J0302A) - approval of the assessment.
608 Wells Street (J0301V) - spreading the payment over a five year period.
1451 Englewood Avenue (J0301V) - approval of the assessment.
253 Fuller Avenue (J0301V) - approval of the assessment.
661 Western Avenue North (J0302B) - approval of the assessment.
707 Maryland Avenue East (J02TRASH4Q) - approval of the assessment.
928 Maryland Avenue East (J0302A and J0302B) - (Note: also see the appeal of the Summary
Abatement Order.) laying over both assessments to the June 10, 2003, Legislative Hearing and the
June 25, 2003, City Council Meeting.
712 Hawthorne Avenue East (J02TRASH4Q) - approval of the assessment.
1070 Margaret Street (J0301V) - laying over to the May 27, 2003, Legislative Hearing and the
June 4, 2003, City Council Meeting.
1688 York Avenue (J0301V)- laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.
53. Resolution Ratifying Assessment - 03 -511 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2A (Fourth Street
West, Market Street and Washington Street). (File No. 18966A)
54. Resolution Ratifying Assessment - 03 -512 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 213 (Fifth Street
West, Market Street and the Intersection at Sixth Street and St. Peter Street). (File No. 1896613)
55. Resolution Ratifying Assessment - 03 -513 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 1 and 5). (Work
already done) (File No. 02WALKS1)
56. Resolution Ratifying Assessment - 03 -514 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 3 and 6). (Work
already done) (File No. 02WALKS2)
57. Resolution Ratifying Assessment - 03 -515 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 2, 4 and 7). (Work
already done) (File No.2WALKS3)
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58. Public hearing to consider the appeal of Russanne Low to a decision of the Board of Zoning Appeals
granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the
house at 1280 Keston Street. (Laid over from March 26 for continuation of public hearing)
59. Public hearing to consider the application of Rice Street Properties to rezone property from I -2 to I -1
Industrial to correspond with proposed parcel lines at 801 Rice Street.
60. Public hearing to consider the application for a lot split by Rice Street Properties with a variance to
create two industrial parcels and to facilitate a transfer of ownership and tie the parcels to the adjacent
owners at 801 Rice Street.
61. Public hearing to consider the appeal of Clear Channel Outdoor Advertising of a Planning
Commission decision that denied the company a repair permit to restore the west - facing billboard sign
on the rooftop at 1521 Selby Avenue.
HOUSING AND REDEVELOPMENT
AUTHORITY
OF THE CITY OF SAINT PAUL,
MINNESOTA
Wednesday, May 28, 2003
2:00 - 3:00 p.m.
City Council Chambers, Third Floor
Saint Paul City Hall
Angela Simons, Clerical Support
(651) 266 -6605
Housing 5000- Housing Projects Scorecard
ROLL CALL
CONSENT
1. Acknowledgment and Authorization to initiate the Process to Acquire MNDot Right of Way Parcels
and Authorization to designate Tentative Developers as follows: (1) Parcel 35E/346 Vance; Tom Kane
as Tentative Developer, (2) Parcel 35E/1 Blk S of Grand; Paul Stenfanyshyn as Tentative Developer, (3)
Parcel 35E /Chatsworth; Michael Champion as Tentative Developer, all in West Seventh District 9; and
(4) Parcel Prior Avenue and Concordia; Jay Rustoven as Tentative Developer, (5) Parcel 94 /Gilbert St.
between Wilder and Prior; O'Hara Enterprises, Inc. as Tentative Developer, both in Merriam Park -
Snelling Lexington- Hamline District 13; and (6) Parcel 35E /College St.; Wall Companies as Tentative
Developer in Downtown District 17.
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2. Draft Policy for disposition of HRA -owned real estate, Citywide.
3. Resolution Granting Tentative Developer Status to TimberCraft Enterprises to redevelop 1560 and
1590 White Bear Avenue, District 2.
PUBLIC HEARING
4. Resolution Approving and Authorizing Execution of a Development Agreement with St. Paul
Development Corporation and Sale and Conveyance of Land, District 8. (Staff will request that this
item be withdrawn)
5. Authorization to Execute Land Sales Contract /Development Agreement for the Gateway Townhomes
on Swede Hollow Park (Payne Avenue from Kenny Road to Hopkins Street) in Payne- Phalen District 5.
6. Authorization to Execute the Sale of Parcel 736 Winslow Avenue under the City Wide
Redevelopment Plan, West Side District 3. (No report attached, a request will be made by staff to lay
this item over to the June 25, 2003 meeting)
7. Resolution Authorizing the Issuance of Multifamily Housing Revenue Bonds to Finance
Development under Minnesota Statutes, Chapter 462C, Approving a Development Agreement and the
Conveyance of Land to Selby Grotto Limited Partnership and Authorizing the Execution of various
documents in connection with the Selby Grotto Housing Project, District 8.
DISCUSSION
8. Authorization to Extend Term of HRA Loan to Living Choice Development Corporation; to
Subordinate the HRA Loan to the Bank Construction Loan for Senior Condominium Housing at
Arundel Street and Idaho Avenue; and to use the $225,000 HRA Loan to Subsidize five units to make
them affordable, District
(Report will be submitted at the meeting)
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.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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