Approved Minutes 10-22-2003Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 22, 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
Mary Erickson - 651- 266 -8565
Vicki Sheffer - 266- 86730ffice of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom
Present - 6 - Benanav, Blakey, Bostrom Coleman, Harris, Lantry
Absent - 0
CONSENT AGENDA (Items I - 22)
A correction to Item 10 was read into the record.
Councilmember Benanav requested Items 14, 15 and 18 be removed for discussion.
Councilmember Harris introduced a substituted resolution for Item 21.
Councilmember Blakey moved approval as amended
Adopted as amended Yeas - 6 Nays 0
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.
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COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Dan Dwight, Lee Ann O'Brien, and Richard Seppala.
Referred to the Risk Management Division
2. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 5, 2003 to consider 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.
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 5, 2003, 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.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 5, 2003, 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.
5. Administrative Order:
D002338 Increasing the Professional Services (non TIF) budget and Local Match for Block 4 TIF
District budget in the Downtown Capital Projects Fund F149 in the Department of Planning and
Economic Development.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 03 -938 - Approving the appointment, by Mayor Kelly, of Eric Mitchell, 11 to the Long
Range Capital Improvement Budget Committee.
Adopted Yeas - 6 Nays - 0
7. Resolution - 03 -939 - Approving the appointment, by Mayor Kelly, of Jennifer Rauch to the Joint
City /County Health Services Advisory Committee.
Adopted Yeas - 6 Nays - 0
8. Resolution - 03 -940 - Declaring October 23, 2003 Community of Peace Academy Day.
Council President Bostrom read a resolution honoring the Community of Peace Academy and Dr. Karen
Russell.
Adopted Yeas - 6 Nays - 0
9. Resolution - 03 -941 - Requesting the Minnesota Legislature reinstate Limited Market Value and
engage in a study to determine a method of preventing artificial valuations.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -942 - Memorializing City Council action taken October 1, 2003, granting the appeal
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of Robert Clapp, River Run Properties, to a decision of the Board of Zoning Appeals denying three
variances in order to split property and create a new and buildable lot at 1016 McLean Avenue.
Resolution - 03 -942 - Memorializing City Council action taken October 1, 2003, granting the
application of Twin Cities Habitat for Humanity for a combined plat to create ten (10) residential lots
and two (2) outlots on the Northwest corner of Mississippi Street and Hyacinth Avenue.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -943 - Memorializing City Council action taken July 23, 2003, granting the appeal of
Mark Moser and denying variances to construct a new single family house on property located at the
southeast corner of Gotzian Street and Third Street East.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -944 - Setting the Recycling Service Fee in 2004 at $24.00 per unit in residential
buildings with one to three units, and $16.00 per unit in residential buildings with four or more units,
and requesting $551,217 in SCORE grant funds for the support of curbside and multi - family recycling
collection programs under contracts with Eureka Recycling and the Macalester- Groveland District 14
Community Council.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -945 - Authorizing American Taxicab Service Corporation, dba Americab, which
holds taxicab vehicle license numbers 53, 104, 124, 143, 144 and 145, to change the color scheme of
their taxicab vehicles from copper colored paint and white lettering to "snow white" with red, blue and
black lettering.
Adopted Yeas - 6 Nays - 0
14. (Discussed after the Consent Agenda)
15. (Discussed after the Consent Agenda)
16. Resolution - 03 -948 - Authorizing the Department of Planning and Economic Development to
execute an Administrator Agreement with the Minnesota Housing Finance Agency in order to
implement its Foreclosure Prevention Assistance Program for the period of October 1, 2003 to
September 30, 2004.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -949 - Authorizing the City Clerk to file a certified copy with the Land
Commissioner, Ramsey County, withholding certain tax forfeit parcels from public sale.
Adopted Yeas - 6 Nays - 0
18. (Discussed after the Consent Agenda)
19. Resolution - 03 -951 - Establishing a 2003 financing and spending plan in the Police Department for
the supplemental Internet Crimes Against Children (ICAO) Grant received.
Adopted Yeas - 6 Nays - 0
20. Resolution - 03 -952 - Releasing Qwest and Northern States Power easements in lands vacated by the
Council in Council File 03 -861 on September 24, 2003. (Part of the Gateway Village Project)
Adopted Yeas - 6 Nays - 0
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21. (Discussed after the Consent Agenda)
22. Preliminary Order - 03 -954 - In the matter of construction of new bituminous streets with concrete
curb and gutter, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, new
lantern style street lighting system lead water service replacements, and sanitary sewer repairs in the
Davern- Bayard RSVP Project bounded by Randolph Ave., Snelling Ave., Ford Parkway, and Cleveland
Avenue, and setting date of public hearing for December 17, 2003.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -946 - Establishing the year 2004 Residential Street Vitality Program assessment
rates.
Councilmember Benanav questioned what happened with surplus when a project is completed lower
than originally proposed. There was $3.5 million surplus in RSVP for 2003 and perhaps they should
consider not raising the assessment rates for 2004.
Larry Lueth, Public Works, appeared and stated he was not aware of any large surplus in the program.
The projects completed over the past year were less than engineers originally estimated, however, there
would not have been enough funds for all of the projects if they did come in as originally estimated.
Assessments were based on the annual cost of living increases. For 2004, they were estimating a 1.3
percent increase. Projects have been delayed due to inadequate funds and it was his recommendation to
approve the assessment rates.
Councilmember Lantry stated that during the budget meeting, they had discussed the issue of property
owners paying less than the 25 percent assessment fee for projects that come in under bid.
Councilmember Harris stated that he believed this topic should be discussed at a budget meeting. He
suggested looking at a breakdown of all of the projects with the numbers.
Mr. Lueth offered to draft a summary of all projects that had been done over the past few years
concerning estimated costs, assessments and actual costs and present it to Council at a budget meeting
for review.
Councilmember Lantry requested a two week lay over.
Laid over to November 5 Yeas - 6 Nays - 0
15. Resolution - 03 -947 - Amending the spending and financing plans of the 2003 Residential Street
Vitality Program by transferring funding from the 2003 Major Sewer Repair projects and adding Water
Utility and Assessment funding.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -950 - Amending and /or closing the spending and financing plans of various capital
project accounts in the Department of Public Works.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
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21. Resolution - 03 -953 - Releasing easements in those parts of Munster Avenue, South Wheeler Street
and Graham Avenue that were vacated by Council File 02 -233 on March 20, 2002, and later amended in
Council File 03 -811 and 03 -929.
Councilmember Harris introduced and moved approval of a substitute resolution.
Substitute introduced and adopted Yeas - 6 Nays - 0
FOR DISCUSSION
23. Communication from Mayor Kelly dated October 3, 2003, notifying the City Council that he has
withdrawn Council File 03 -763, approving appointments and reappointments to the Heritage
Preservation Commission, which was adopted as amended by the Council on September 24, 2003. (Laid
over from October 15)
Councilmember Lantry questioned the Mayor's authority to withdraw a resolution that had been
approved by the Council. It was her interpretation of the Charter and Administrative Code that the
Mayor only had veto authority. It was her opinion that since the Council President had signed the
resolution, he was the only one who had the authority for withdrawal. Councilmember Lantry said the
issue arose because there was no continued member representation from Ward 7 which encompassed a
large historic district.
Jerry Hendrickson, Assistant City Attorney, stated that it was his opinion that the Mayor had not
withdrawn this resolution. It was his interpretation that the appointments were revoked and the Mayor
has the authority to revoke. Once Council has taken action on a matter, the Mayor only had the authority
to veto or approve without his signature. Since the Council had not taken official action, the Mayor had
the right to withdraw the appointments.
Councilmember Coleman clarified that the Council had taken official action on the appointments and he
did not believe the Code or the Charter allowed the Mayor to take away the authority of the Council by
withdrawing the appointments because he did not agree with the action taken by Council. He believed
the administration could have resolved this issue more peaceably.
Councilmember Benanav stated that he believed the opinion of Mr. Hendrickson was flawed in that
there was no specific authority in this case. To his knowledge, the appointments stay in place until a
member was replaced or reappointed.
Council President Bostrom stated the discussion was duly noted, however, there was no action that
could be taken on this matter.
No action was taken on this matter.
24. Authorizing a 2003 City Budget Amendment for the Saint Paul Police Department Relocation
Project for debt financing and related actions. (Laid over from October 15)
Closed session was held to discuss Meritex litigation. No action was taken on this matter.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
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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.
25. Third Reading - 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. (Public hearing held September 3, 2003)
Laid over to November 5 for final adoption
26. Second Reading - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the
Arcade Street Commercial 40 Acre Study.
Substitute introduced and laid over November 5 for third reading /public hearing
Suspension Items:
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -962 - Requesting the Mayor propose 2003 Capital Improvement Budget amendments
for the Henry Park Bluff Acquisition so that the City Council can take formal action to amend the City's
budget in order to assist in acquiring and protecting this property.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -965 - Waiving the 45 -day notice requirement of 409.06 of the Saint Paul Legislative
Code and on -sale liquor and Sunday on -sale liquor licenses are issued to R.J. Mitch, Inc., dba Mitch's,
1305 W. Seventh Street.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved suspension of the rules for the First Reading of the following
ordinance:
First 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.
Laid over to November 5 for second reading Yeas - 6 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -964 - Establishing a moratorium on billboard renovations pending Planning
Commission study of proposed Zoning Code amendments.
Adopted Yeas - 6 Nays - 0
The meeting was recessed from 4:30 p.m. to 5:35 p.m.
Roll call: 6 - Present 0 - Absent
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PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
27. Third Reading - 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.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
28. Third Reading - 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.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
29. Third Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
30. Third Reading - 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.
Andy Dawkins, Department of Neighborhood Housing and Property Improvement, appeared and stated
this was a technical change to all of the ordinances which reference the Office of Citizen Services or
Division of Code Enforcement to the new name of the new department.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
31. Third Reading - 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.
Councilmember Benanav stated this was proposed by the new fire chief after a community forum
discussing student housing issues. The community meets on a regular basis to discuss health and safety
issues, overcrowding, parking problems, and party houses. It was the Chief's opinion that student
housing had special safety concerns with electrical overloading of services which caused a potential fire
hazard. This ordinance would apply to very limited student housing issues similar to the certificate of
occupancy requirements for triplexes and above. He referenced the fire that had occurred by the
University of Minnesota campus which claimed the lives of three students.
Councilmember Lantry questioned how many student housing dwelling units existed. Benanav
responded he believed there were approximately 300 around the St. Thomas University area. He was not
sure on the number around Hamline or Macalaster.
Councilmember Coleman stated his concern was the definition of student housing and how to enforce it.
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He requested an opinion from the City Attorney.
Manuel Cervantes, City Attorney, stated that his office would be able to render an opinion on the
definition, however, the administrative process was not followed on the submission of this proposed
ordinance and would not be legally enforceable. Benanav stated that he would ensure that they would go
through the proper process through the City Attorney's Office prior to the final adoption.
Councilmember Harris questioned the definition of student as it needed to be clarified, the justification
of the $200 fee as a cost recovery method, and the number of parking allowed.
Peg Rich, 88 N. Mississippi River Blvd, appeared and stated that rental properties in her Merriam Park
neighborhood had been problematic. She believed that the current code enforcement programs, rental
registration, were ineffective in resolving problem properties and problem tenant behavior. She
supported the proposed ordinance, however, wished it went further to address problem rental properties.
John Benson, property owner of 638 Asbury Street, appeared and stated that he supported the proposed
ordinance. As a landlord, he had a rental property and rented to four students from Augsberg College.
He had carefully screened his tenants, made sure it was clear it was not going to be a party house, and
that they were over all very good tenants. He did not believe that his business model was similar to those
in the area around St. Thomas University who had no conscience in how they operate their rental
properties.
Joe Gladke, 2204 Dayton Avenue, appeared and stated that he supported the ordinance. There were three
problem properties in his neighborhood; two were duplexes, one was a single family home. These
properties had six to seven students living in them with approximately 18 vehicles then parking in the
neighborhood. This was having a negative impact on the neighborhood and many had sold their homes.
Bill Cullen, property owner and representing SPARL, appeared and stated that he was opposed to the
proposed ordinance. He had submitted written comments for the Council, however, he had additional
concerns regarding the definition of a student house. He took issue with the word "attending" as it could
mean anyone taking a class. He also did not agree with the limitation of two parking places per dwelling
as this would have a negative effect on number of tenants per building. He was also concerned with the
cost for requiring hard wired smoke detectors in buildings that did not have upgraded electrical service.
He did not believe the proposed ordinance dealt with the issues of over occupancy or party houses.
Steven Mark, 5110 Division, White Bear Lake, appeared and stated that students were not a protected
class and he did not support the proposed ordinance.
Councilmember Benanav moved to close the public hearing and lay over.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
32. Third Reading - 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 %.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 6 Nays - 0
(Coleman left the meeting at this time)
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33. Third Reading - 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.
Mr. Dawkins stated that the fees were intended for those property owners who failed to remedy
continuous problems at their property that require excessive repeated inspections. The proposal was for
a graduated fee structure based on the number of repeat offenses and if not paid, the amount would be
assessed to the owner's property taxes.
Meghan Riley, City Attorney's Office, appeared and presented amended language which clarified costs
associated with the fee.
Mr. Benson, stated that he supported the ordinance as he believed it would put the burden of costs on
bad property owners rather than on taxpayers.
Mr. Cullen stated that he was opposed to the ordinance only because he believed tenants should be held
accountable for problems that occur and landlords should be notified before they are charged excessive
fees.
Brian Strub, representing SPAAR, appeared and stated that it was his opinion the suggested revisions to
the ordinance would allow for interior inspections, as well as exterior, on not only rental properties but
owner occupied, single family homes. The current truth in sale of housing was effective in notifying
potential buyers of problems and he did not believe this should be changed. He also did not believe that
new potential buyers should be responsible for excessive consumption fees from the previous owner. He
suggested a citizen review committee be formed to review the number of code violations and citations
that were made and to make recommendations on any changes to the ordinance.
Leslie Luck, 693 St Albans, appeared and stated that he was opposed to the ordinance. It was his opinion
that landlords were being unfairly targeted by the city. He had a tenant who attempted to break her lease
and she called Code Enforcement on complaints. She then filed a complaint with Community
Stabilization concerning another issue and Code Enforcement again visited his property. He did not
believe he should have to pay increased costs because tenants were attempting to break their lease. He
believed tenants should be held accountable for their actions.
Councilmember Lantry stated that the testimony presented was more relative to item 34 as this
ordinance allowed for assessing property taxes only.
Councilmember Lantry moved to close the public hearing.
Substitute introduced and laid over to November 5 for final adoption
Yeas - 5 Nays -0
34. Third Reading - 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.
Mr. Dawkins stated the change to the ordinance would allow for interior inspections of properties that
were in the rental registration program any time the excessive consumption component was triggered.
This would not include owner - occupied properties. If there was documented nuisance incidences, police
reports or reports from neighbors, he would send a letter of intent to revoke the rental registration which
would then be determined by the Council.
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Ms. Riley presented amendments to the ordinance. The first amendment clarified the grounds for
revocation which included the threshold for excessive consumption. The second amendment pertained to
the grounds for inspection when a certificate had been revoked and then renewed which allowed the
department to make an inspection within six months after the reissuance. The third amendment
exempted properties which were owned and maintained by the Public Housing Agency (PHA) so that
they were not required to pay the fee. PHA had agreed to provide a list of all rental units that would be
covered under this ordinance which would be classified data privacy.
Councilmember Blakey expressed concern that PHA would be exempt from the program and questioned
the reason. Ms. Riley stated she would research the issue and would bring it back to the Council as
another draft amendment to the ordinance.
Mr. Benson stated that he was in favor of the ordinance and he believed that landlords were responsible
for their tenants behavior if they were aware of any problems that were occurring.
Laurel Nelson, representing District 5 Community Council, appeared and stated that they were in favor
of the ordinance as they believed it would promote safe, nice neighborhoods and would make landlords
accountable for problem tenants.
Mr. Mark stated he believed there was nothing wrong with the current law and he was opposed to the
ordinance.
Mr. Luck stated he did not believe the ordinance made tenants responsible for their actions and he
believed this would further punish landlords. He was against the proposed ordinance.
Councilmember Lantry moved to close the public hearing.
Substitute introduced and laid over to November 5 for final adoption
Yeas - 5 Nays -0
35. Third Reading - 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.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 5 Nays - 0
36. Third Reading - 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.
Janine Rosas, Director of LISP, reported that the ordinance would increase fees and create new fees for
environmental plan review for restaurants, massage parlors.
Councilmember Harris questioned the fee increase for wine bars and what the cost recovery would
involve. He also questioned the cost for the environmental inspection fee.
Christine Rozek, LISP, stated that wine bar licenses have become the new club license and it has
become a cheap way to open a club without having to pay for a full liquor license. There have been
major enforcement issues with these establishments throughout the city.
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Ms. Rosas stated the environmental inspection fee applied to inspection of businesses that change
ownership to ensure that they are in compliance with current code requirements.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoptionYeas - 5 Nays - 0
(Councilmember Harris not present for vote on Items 37 through 44)
37. Third Reading - 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
38. Third Reading - 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
39. Third Reading - 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
40. Third Reading - 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
41. Third Reading - 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Laid over to November 5 for final adoption
42. Third Reading - 03 -917 - An ordinance amending Saint Paul Legislative Code Chapter 407 by
striking the obsolete reports section.
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
43. Third Reading - 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)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
44. Third Reading - 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)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Laid over to November 5 for final adoption Yeas - 4 Nays - 0
45. Resolution - 03 -882 - Concerning adverse action against the licenses held by Shelagh Connolly d /b /a
The Mildred Pierce Cafe, located at 786 Randolph Avenue. (Laid over from October 1 for public
hearing)
Ms. Rozek stated this was an adverse action against all licenses held by Shelagh Connelly d /b /a Mildred
Pierce Cafe. The adverse action is due to a lapse of liquor liability from June 1 to June 25 and the matrix
penalty was 10 days closure.
Shelagh Connelly, owner, appeared and apologized for the mix up that had occurred when she had
entrusted her insurance payment to be made by her agent and he failed to accomplish this task.
Councilmember Lantry moved to close the public hearing and approval of the 10 day closure.
Adopted Yeas - 5 Nays - 0
46. Resolution - 03 -955 - Accepting the 2003 Local Law Enforcement Block Grant (LLEGB), and
authorizing the City to enter into an agreement with Ramsey County.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
47. Resolution - 03 -956 - Approving the application of Dan Banken, Project Manager representing
Lametti & Sons, Inc. for a sound level variance from November 1, 2003 to January 10, 2004 to allow
work on the re- lining of City sewers at numerous locations around the City of Saint Paul.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
48. Final Order - 03 -957 - In the matter of the operating costs for above standard street lighting system
in the Rice Park area. (File No. 18995)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
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49. Resolution Ratifying Assessment - 03 -958 - In the matter of approving the assessment for the
replacement of lead water service connections done during 2002 and 2003 at the request of the affected
property owners. (File No. 03LDSCRPL)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
50. Resolution Ratifying Assessment - 03 -959 - In the matter of the assessment of benefits, costs and
expenses for the Margaret /Atlantic Area Paving and Lighting Project. (File No. 1896 1)
Peter White, Real Estate Division, appeared and presented a substitute resolution which delineated the
streets involved in the project. The remainder of the project would be completed in 2004 and would be
assessed at that time.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Substitute introduced and adopted Yeas - 5 Nays - 0
51. Resolution Ratifying Assessment - 03 -960 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the months of May and June, 2003
(J0305A); and summary abatement (property clean -up) during the month of July, 2003 (J0306A).
(Legislative Hearing Officer recommends the following:
471 Maryland Avenue West (J0305A) - approval of the assessment
805 Agate Street (J0305A) - approval of the assessment
449 Blair Avenue (J0305A) - recommends approval of the assessment
120 Cottage Avenue West (J0305A) - reducing the assessment from $1,078.50 to $539.25 plus the $45
service fees for a total assessment of $584.25
801 Front Avenue (J0306A) - approval of the assessment
954 Fuller Avenue (J0305A) - spreading the payment of the assessment over a five -year period
522 Galtier Street (J0305A) - approval of the assessment
679 Geranium Avenue East (J0305A) - reducing the assessment from $298.00 to $126.50 plus the $45
service fees for a total assessment of $171.50
1150 Hague Avenue (J0306A) - deleting the assessment
984 Iglehart Avenue (J0306A) - approval of the assessment
1856 Iowa Avenue East (J0305A) - approval of the assessment
1577 Ivy Avenue East (J0306A) - approval the assessment
1009 Lafond Avenue (J0306A) - spreading the payment of the assessment over a five -year period
1621 Marshall Avenue (J0306A) - approval of the assessment
543 Maryland Avenue East (J0305A) - approval of the assessment
627 Palace Avenue (J0306A) - approval of the assessment
1081 Reaney Avenue (J0306A) - approval of the assessment
367 Snelling Avenue South (J0305A) - approval of the assessment
Vacant Lot on Stillwater Avenue, west of 2176 Stillwater (J0306A) - deleting the assessment
833 Third Street East (J0305A) - approval of the assessment
(Note: there are two assessments for 526 Thomas Avenue)
526 Thomas Avenue (J0305A) - reducing the assessment from 1,827.50 to $1,657.50 plus the $45
service fees for a total assessment of $1,702.50
526 Thomas Avenue (J0305A) - approval of the assessment
473 Van Buren Avenue (J0305A) - approval of the assessment
1025 Bradley Street (J0305A) - approval of the assessment
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990 Burr Street (J0305A) - approval of the assessment
53 Dale Street North (J0305A) - spreading the payment of the assessment over a five -year period
1561 Jackson Street (J0305A) - approval of the assessment
1078 Seminary Avenue (J0306A) - reducing the assessment from $351 to $140.50 plus the $45 service
fees for a total assessment of $185.50
842 Jenks Avenue (J0306A) - deleting the assessment
686 Sims Avenue (J0306A) - approval of the assessment
715 Thomas Avenue (J0306A) - approval of the assessment
740 Western Avenue North (J0305A) - approval of the assessment
838 Clear Avenue (J0306A) - approval of the assessment
Marcia Moermond, Legislative Hearing Officer, appeared and stated that she had one additional address
for consideration that was not included in her other recommendations. The address was 1140 Albemarle
and she recommended spreading the payment of the assessment over a five -year period due to financial
hardship. She also recommended the following for: 805 Agate Street laying over to the October 30,
2003 Legislative Hearing and the November 19 City Council meeting; 1577 Ivy Avenue East laying
over Public Hearing to November 5, 2003 City Council meeting; 543 Maryland Avenue East laying over
to the October 30, 2003 Legislative Hearing and the November 19 City Council meeting; and 686 Sims
Avenue laying over to the October 30, 2003 Legislative Hearing and the November 19 City Council
meeting.
Ms. Moermond stated that the property owner at 627 Palace had a summary abatement for clean up of
his yard. The work had been done and the owner was protesting the payment for the work that had been
done. She recommended the assessment stand.
Arno Kamer, 627 Palace, appeared and stated that he was opposed to paying the assessment for the
mowing of his yard as he considered this prairie. Gopher State Ethanol was responsible for his health
problems which precluded him from maintaining a grass lawn and they should be responsible for the
payment of the assessment.
No one else appeared in opposition; Councilmember Lantry moved to close the public hearing.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays -0
52. Resolution Ratifying Assessment - 03 -961 - In the matter of the assessment of benefits, cost and
expenses for demolition of vacant buildings during the months of May and July, 2003 (J0303C);
providing weekly garbage hauling service for the second quarter of 2003 (J03TRASH2Q); boarding up
vacant buildings during April, May and June, 2003 (J0304B); and towing abandoned vehicles from
private property during the months of November and December, 2002 (J0302V). (Legislative Hearing
Officer Recommends the following:
831 Thomas Avenue (J0302V) - approval of the assessment
408 Banfil Street (J0302V) - laying over to the October 30, 2003, Legislative Hearing and the
November 19 City Council meeting
1076 Fourth Street East (J0302V) - approval of the assessment
1051 Margaret Street (J03TRASH2Q) - Legislative Hearing Officer's recommendation forthcoming on
this issue
956 Minnehaha Avenue East (J0302V) - Legislative Hearing Officer's recommendation forthcoming on
this issue
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1136 Minnehaha Avenue East (J0302V) - approval of the assessment
1122 Rose Avenue East (J0302V) - approval of the assessment
1692 Stillwater Avenue (J0302V) - approval of the assessment
486 Carroll Avenue (J0303C) - approval of the assessment
182 Front Avenue (J03TRASH2Q) - approval of the assessment
853 Marion Street (J0302V) - reducing the assessment to $235 plus the $45 service fees for a total
assessment of $280
1845 Old Hudson Road (J0304B) - approval of the assessment
593 Rose Avenue East (J0304B) - approval of the assessment
1168 Selby Avenue (J0304B) - approval of the assessment
838 Clear Avenue (J0302V) - approval of the assessment)
Ms. Moremond stated that she recommended the following for: 831 Thomas Avenue spreading
payments over a five -year period; 1051 Margaret Street reducing the assessment from $520 to $125 for
assessment plus the $20 service fee for a total of $145;956 Minnehaha Avenue East laying over public
hearing to November 5, 2003 City Council meeting; 486 Carroll Avenue laying over to the October 29,
2003 Legislative Hearing and the November 19 City Council meeting; and 853 Marion Street laying
over the public hearing to the November 5, 2003 City Council meeting.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays -0
53. Public hearing to consider the application of Vitcak & 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.
Patricia James, PED, appeared and stated that there were two properties that were involved in the
rezoning. The property owner at 895 Kennard agreed to the rezoning however, the property at 905 was
co -owned by two sisters and one of the owners was opposed to the rezoning. The City Attorney
reviewed this matter and recommended denial of the rezoning request. The Planning Commission and
Zoning Committee recommended denial of rezoning of both properties to RT -1.
Michael Vincent, owner of 905 Kennard, appeared and stated that he wished to convert his home to a
duplex. The original house at the property had a propane accident and was demolished. He had moved
this house from Woodbury and had rehabed it himself. The house was 30,000 square feet and had
separate entrances to accommodate a duplex. The home met the criteria for a duplex.
No one else appeared; Councilmember Lantry moved to close the public hearing and denial of the
application.
Motion of Intent - Application Denied Yeas -5 Nays - 0
54. Public hearing to consider the appeal of Real Estate Development Group to a decision of the
Heritage Preservation Commission denying a demolition permit application to raze the house and garage
at 358 Marshall Avenue in order to construct a six story 68 -unit condominium building.
Amy Spong, LISP, appeared and presented pictures and a report on the history of the property. The
owner desired to demolish the property and construct a six story 68 -unit condominium. Staff
recommended approval of the demolition permit contingent on approval by the Heritage Preservation
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Commission and issuance of a building permit for the proposed new construction. The Commission
denied the demolition permit based on the usefulness of the building and historical and architectural
merit of the building.
Spiroz Zorbalas, Real Estate Development Group, appeared and stated that he believed the Commission
errored in denying the demolition permit. In looking at the economic value of the building, they
calculated that it would cost approximately $187,000 to restore it to it's original 1880 condition. This
would result in a negative value of approximately $110,000. It was their intention to move the building
to another location with land being provided by the Rondo Land Trust. They would then sell the
building to the Rondo Land Trust for $1.00.
No one else appeared; Councilmember Blakey moved to close the public hearing. He stated that he was
excited about the proposed new development. He would like to see the building moved and encouraged
Real Estate Development Group to work with the Rondo Land Trust to accomplish this.
Brian Pergament, Real Estate Development Group, appeared and stated that he had met with a
representative of Rondo Land Trust and he had indicated that they had a 5,000 square foot site that was
located in a preservation district. They were exploring the option of obtaining a variance to keep the
building as a duplex or convert it to a single family home.
Councilmember Blakey moved to grant the appeal for a demolition permit contingent on the issuance of
a building permit for the proposed new construction development.
Motion of Intent - Appeal Granted Yeas - 5 Nays - 0
55. Public hearing to consider the application of Craig and Tracy Mulholland to rezone property at 615
St. Anthony Avenue from B -2 (community business) to B -3 (general business) to conduct outdoor sales
of produce, sporting equipment, designer clothes, fireworks and food concessions.
Public Hearing laid over to November 19.
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 8:45 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson November 26, 2003
Assistant Council Secretary
vms
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