Approved Minutes 11-5-2003Page 1 of 16
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 5, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
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 - 31)
Councilmember Blakey requested that Item 20 be removed for discussion.
Councilmember Coleman moved approval of the consent agenda 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.
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.
Referred to the Risk Management Division
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.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Harold H. Dorland vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of John Moore vs. he City of Saint Paul, et al.
Referred to the City Attorney's Office
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.
Adopted Yeas - 6 Nays - 0
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)
Laid over to November 12 for final adoption
9. Resolution - 03 -967 - Approving the reappointments, by Mayor Kelly, of Liz Anderson and Trude
Harmon to Our Fair Carousel Board.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -970 - Concerning adverse action against the licenses held by DARP Corporation,
dba Fitti's, 828 Seventh Street East.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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, dba St. Paul College Club, 990 Summit Avenue.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -976 - Approving the 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.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -977 - Renaming Old Kellogg Boulevard, between Summit Avenue and College
Avenue, Mother Teresa of Calcutta Boulevard and requesting the appropriate signage be placed by the
Department of Public Works.
Councilmember Coleman thanked the group that worked on this issue.
Adopted Yeas - 6 Nays - 0
20. (Discussed after the consent agenda).
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
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Adopted Yeas - 6 Nays - 0
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).
Adopted Yeas - 6 Nays - 0
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. Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
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.
Adopted Yeas - 6 Nays - 0
31. Resolution - 03 -989 - Releasing easements in vacated Petit Street as required for the Phalen
Corridor- Railroad Island Phase I housing development.
Adopted Yeas - 6 Nays - 0
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."
Councilmember Blakey stated he felt this was a good expenditure of funds; however, there should be
more youth - serving organizations represented. Steve Rice, Department of Planning and Economic
Development, stated that this program was in response to a Request for Proposals circulated earlier. He
stated he shared Councilmember Blakey's concerns. This program has helped to continue funding
programs such as Lutheran Social Services' Safe House, a youth - serving organization. They were
proposed to be funded at $15,000. The County is also willing to try to find funding for these
organizations.
Mr. Rice stated that Safe Zone is a drop -in center for youth as well. They are also recommended for
funding at this time. All recipients have been notified that if more emergency shelter beds are provided
in 2004, the City has stated the intention to use $50,000 to help operations of a new facility, should a
viable program be found. The agencies are obviously conflicted about this, as less operating funds is
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apparent, yet the need for new emergency shelter options is so great.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
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)
Councilmember Lantry moved to lay over to December 3.
Laid over to December 3 Yeas - 6 Nays - 0
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)
Councilmember Coleman moved a four week layover.
Laid over to December 3 Yeas - 6 Nays - 0
34. Resolution - 03 -946 - Establishing the year 2004 Residential Street Vitality Program assessment
rates. (Laid over from October 22)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
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)
A report was presented by Angie Nalezny, Director, Department of Human Resources.
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.
Councilmember Coleman moved to withdraw this resolution.
Withdrawn Yes - 6 Nays - 0
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.
Bob Geurs, Department of Planning and Economic Development, stated that this resolution was the cash
option for the construction of Fire Station No. 8. The resolution allows the City to close on this project
and begin construction within the State Department of Human Services building currently being
constructed via the Port Authority. The resolution identifies $796,000 to start to pay bills owed to the
Port Authority and the architects over the past several months. In the 2004 and 2005 budget, the
remainder of the funds have been set aside, approximately $4.4 million.
Councilmember Lantry questioned the use of extra RSVP funds to pay for this project, and stated that
the funds should have been used for additional street repairs.
Councilmember Coleman moved approval
Adopted Yeas - 5 Nays - 1 (Lantry)
38. Report from the Ramsey County Elections Division regarding the canvass for the November 4, 2003
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Saint Paul City Elections (Resolution to be presented at the November 5 City Council Meeting.)
See Suspension Item C.F. 03 -1000
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
City Council meeting.)
See Suspension Item C.F. 03 -1001
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
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.
Councilmember Lantry stated that Andy Dawkins, Office of Code Enforcement, had provided a memo
that outlined changes made. She requested that quarterly reports be given to determine the effectiveness
of these new changes.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
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.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
42. Final Adoption - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
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.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
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.
Councilmember Benanav withdrew this ordinance and moved to introduce an ordinance under
suspension. (see suspension items C.F. 03- 1002).
Withdrawn Yeas - 6 Nays - 0
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
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annual elevator inspection fees 25 %.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
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)
Councilmember Lantry requested quarterly reports be provided by Andy Dawkins, Office of
Neighborhood Housing and Property Improvements. Andy Dawkins, NHPI, outlined some of the
changes that have been made to this ordinance. One is to require the landlord to have a lease provision
that requires a tenant to abide by the law, it requires the landlord to point that provision out to the tenant
at the time of entry into the lease, and it requires the landlord to reasonably patrol the property to look
for violations and enforce the lease at the time a violation is noted.
Upon question of Councilmember Benanav, Mr. Dawkins responded that this would be for rental single
family residences, and duplexes, an interior inspection can be requested whenever excessive
consumption of services has occurred, or whenever the Council has revoked the rental registration
certificate for the property. The excessive consumption ordinance applies to both owner - occupied
properties, and to rental 1 and 2 unit properties. Excessive consumption occurs when the property is not
compliant at the time of reinspection. Mr. Dawkins stated that a single nuisance incident can generate a
letter stating the intent to revoke the registration. The letter will also ask the property owner to discuss
an abatement plan with NHPI to deal with the nuisance issues. Interior inspections can be requested
through the landlord, but they are not required to allow them. Upon question of Councilmember Blakey,
Mr. Dawkins clarified that the tenant does have the authority to grant, or not to grant, the authority for
entry into the premises. Councilmember Blakey stated he was concerned that tenants may not know they
have the right to deny entry to the premises. Councilmember Lantry stated safety for the inspectors was
a major issue.
Councilmember Coleman stated that some form of a card could be created to inform tenants of their
rights with regard to entry of buildings. Mr. Dawkins stated that the ordinance does not deal with this
situation; however, he stated he would follow up with the Council on these issues.
Councilmember Blakey asked for an explanation of the criminal tags. Mr. Dawkins responded that it is
up to the discretion of inspectors when a code violation is found on a property whether a tag or a
correction order or both are instigated. Usually time is given to remedy a problem; typically, if no
movement is made to correct the situation, then enforcement measures will be used upon reinspection.
Councilmember Lantry moved introduction of the substitute ordinance.
Substitute introduced and laid over to November 12 for final adoption
Yeas - 6 Nays -0
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)
Councilmember Lantry introduced the substitute and laid over to November 12 for final adoptionYeas -
6Nays - 0
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
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as recommended by the Board of Water Commissioners of the City of Saint Paul.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
(Benanav was not present for the votes on Items 49 -58)
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.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
55. Final Adoption - 03 -917 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code
by striking the obsolete reports section.
Councilmember Lantry moved approval
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Adopted Yeas - 5 Nays - 0
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)
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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)
Councilmember Lantry moved approval
Adopted Yeas - 5 Nays - 0
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.
Councilmember Lantry moved approval
opted Yeas - 5 Nays - 0
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 to the Saint Paul Legislative Code relating to the repair or
maintenance of non - conforming advertising signs.
Laid over to November 19 for third reading /public hearing
60. First Reading - 03 -992 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners. Laid over to November 12
for second reading
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.
Laid over to November 12 for second reading
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.
Laid over to November 12 for second reading
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.
Laid over to November 12 for second reading
PUBLIC HEARINGS
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.
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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.
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.
Greg Blees, Council Research, explained the procedure for the public hearing on the 2004 budgets,
including joint budgets of the City and Housing and Redevelopment Authority, to hear comments and
questions from Saint Paul residents, taxpayers, and concerned individuals regarding the budgets for the
City, the right -of -way maintenance assessment charge, storm and sanitary sewer charges, budgets and
billings for the Saint Paul Regional Water Services, Tax Increment Financing plans, and budgets for the
RiverCentre and Saint Paul Public Library Agency. Mr. Blees stated there were sign up sheets provided.
Each speaker will be limited to two minutes. The Council will group speakers on a related topic
together.
Matt Smith, Office of Financial Services, reviewed the key points of the 2004 budget and processes.
One of the major sources of revenue to the City, State Local Government Aid (LGA) payments, have
dropped dramatically. The state cut $19.6 million out of Saint Paul's 2004 LGA payment. This was a
25% reduction from what was budgeted last year. This cut is very severe, but most of the adjustments
made in 2003 have absorbed this LGA cut. The City has lost about $33.6 million over two years. The
City, anticipating the reduction in state aid, began to reduce spending in July 2002 with significant other
reductions made in February and April of 2003.
Mr. Smith stated the 2003 adopted budget was reduced by about 6 percent in mid -year. The overall
proposed City budget for 2004 is $488 million. However, there are a number of adjustments that need to
be made to ensure that the next year's principal and interest payments on bonds are covered. The
number of city employees was reduced because of the 2003 mid -year adjustments. Total employment
was reduced by 128 full -time equivalent positions, or about 4 -1/2 percent of the total workforce.
Although most of these were vacant positions, some layoffs were involved.
In the Mayor's proposed budget for 2004, some of the key service levels proposed were for the Police
budget, where costs were associated with opening the new Law Enforcement Facility. The police budget
maintains the patrol strength of police officers. The City Attorney's budget has increased 3 -1/2 percent
to keep up with prosecution case load. The Fire Department budget maintains current staffing levels and
allows for replacement hiring as retirements occur. Parks and Recreation budgets maintain the current
sites and service hours, and the Library system preserves the sites and hours plus provides for the new
Dayton's Bluff Branch library to open mid -year 2004.
Mr. Smith stated there were fee and charge recommendations made for the 2004 budget to help adjust to
LGA cuts from the State and meet the budget without raising property taxes. These include completing
the two -year phase -in of the right -of -way maintenance assessment. One of the adjustments made in the
2003 budget was to use some of our half -cent sales tax receipts to help cover debt service. The City's
overall reliance on LGA went from 43 percent of general spending to 34 percent for 2004. There is no
overall increase in the total amount of property taxes that the City asks from Saint Paul taxpayers.
With regard to the right -of -way assessment charges, the residential property rate is $1.57 per foot. The
Mayor's proposed budget raises that to $1.99 per foot. Downtown paved streets are $5.73 per foot, and
the Mayor's budget requests $7.25 per foot. Outlying commercial properties are $3.38, and are proposed
to go to $4.28 in the budget. The right -of -way maintenance assessment covers costs for both summer
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and winter street maintenance as well as tree maintenance.
The following individuals appeared to address the following issues:
Lexington Library/Housing Project
Debbie Montgomery, 1016 West Central Avenue
Martin O. Weddington, 2142 Albemarle Court North
Tait Danielson, District 7/689 N. Dale Street
Rich Neumeister, Saint Paul
Jim McDonough, District 8/627 Selby Avenue
Manny Melendez, 496 Marshall Avenue
Griggs Rec Center /CIB budget
Amy Schultz, 1295 Van Buren Avenue
Liz Gorman, 1146 Van Buren Avenue
Cathy Lue, Hamline- Midway Coalition, 770 Grand Ave. 4105
Dot Bentfield, 1440 Minnehaha Avenue
Diane Brennan, 1215 Van Buren Avenue
Pastor Grant Stevensen, St. Stephen's Lutheran Church, 701 N. Lexington Pkwy.
Triesta Brown, 1491 Blair Avenue
Patrick Sheehy, 1636 Lafond Avenue
CIB /Parks issues
Michael Prichard, Friends of the Parks & Trails, 9 Montcalm Court
Richard Arey, Bicycle Advisory Board
Dennis Thompson, 658 Greenbrier Street
Sidewalk Reconstruction
Mustafe Sharggle, 2180 Londin Lane
Dale Street Redesign
Steve Samuelson, 1618 Charles Avenue
Corey Plath, 1065 Chatsworth Avenue
Edward Baxter, 54 Geranium Avenue West
Monte Hillman, 428 N. First Street, Minneapolis
Carol Kusnierek, 54 Geranium Avenue West
Trillium Site
Carol Kusnierek, 54 Geranium Avenue West
Linda Jungwirth, 1111 Abell Street
Right -of -Way Maintenance
Rose Vaught, 1115 Wakefield Street
Duane and Lorraine Verness, 2145 Bush Avenue
Rosemary Schmidt, 1263 Burns Avenue
SMRLS
Gerry Kaluzny, 46 E. Fourth Street
Mike Hagadorn, 46 E. Fourth Street
Holman Field
Virginia Harris, 111 E. Kellogg Boulevard
General Comments
Gary Kaziukewicz, Rock Tenn Corporation
Sharon Anderson
Councilmember Coleman moved to close the public hearing
Yeas - 6 Nays -0
65. Third Reading - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the
Arcade Street Commercial 40 Acre Study. (Substitute introduced November 5)
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Joel Spoonheim, Department of Planning and Economic Development, stated that the this process has
taken two years for the community to come forth with a proposal of how to update the zoning code for
the commercial district along Arcade Street, and portions of Maryland Avenue. The key change that is
proposed reflects rezoning to take the parcels which are predominantly zoned B -3 (general commercial)
and make them TN -2 (a mixed use zone). Some exceptions to this are where there are historic single -
family homes, to help facilitate their ability to achieve historic funding (at the intersection of Clear and
Arcade). Other exceptions are on the southwest corner of Maryland and Arcade, which will become B -2.
Mr. Spoonheim stated all existing businesses will be able to continue operating. Certain
types of businesses will not be allowed to move into the district, including adult uses, pawn shops,
currency exchanges, auto body and sales, both indoor and outdoor, auto repair and auto service stations.
The community has recommended approval, and public input has been received over the past two years.
Chair Bostrom stated that testimony would be taken from those in support of this project.
Kristen Dawkins, District 5 Planning Council, stated she served as the co -chair of the Arcade Small
Area Plan Task Force. The Task Force report has been waiting for the TN zoning ordinance to pass
through the City Council to move forward. The Task Force included representatives of the
Payne /Arcade Business Association, as well as a large number of individual businesses. Representatives
were also from churches, schools, the American Legion hall, residences and others. The Task Force
supports the plan as it is presented to the City Council.
Trenesse Bellamy, District 5 Planning Council, read a letter of support from the District 5 Planning
Council into the record for the Arcade Small Area Plan.
Tanika Nolan, owner of Acme Tattoo, 1045 Arcade Street, appeared in opposition to the plan. Currently,
Acme Tattoo is zoned B -3 and she was notified that the City was intending to rezone her business as
TN -2 legal non - conforming. Her concern is that, as the only tattoo shop in the neighborhood, she is
being single out unfairly. This status would not allow for relocation and it would make future expansion
and usage impossible. Ms. Nolan stated that she has operated her business for over ten years and that
perceptions of the tattoo industry have changed drastically over the past few years. Acme has been very
committed to the neighborhood and has invested money into its building, improving both the interior
and exterior of the building. Acme has helped remove illegal activities in the neighborhood and
continues to communicate with the Saint Paul Police Department. Acme keeps a very good relationship
with its residential and business neighbors. Ms. Nolan requested that her business be considered for TN-
2 legal use, not a non - conforming use.
Linda Loeffler, 824 Cook Avenue, stated the vacant lot next to her property was zoned R -1 and she was
thankful for the city's response. Ms. Loeffler stated that Acme Tattoo has been a wonderful business in
the community, and are very well run. It is a very nice looking building on Arcade Street. They do many
good things for the neighbors and the community in general.
Nancy Holt, Accurat Electric Motor Service, stated that the Phalen Corridor is well underway. She and
her husband have been contacted by attorneys to negotiate the sale of their business. Ms. Holt stated she
and her husband also own a commercial building on Arcade Street within this Small Area Plan.
However, the plan prohibits this type of business to come into the area. Ms. Holt requested that 969
Arcade Street, her property, be exempted so that they can move their operations to her building at 969
Arcade Street.
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Chair Bostrom stated that both his office and City staff would work with Ms. Holt regarding her
concerns.
Councilmember Lantry moved to close the public hearing Yeas - 6 Nays - 0
Councilmember Harris moved to introduce a substitute ordinance, and lay over to November 12 for final
adoption.
Yeas - 6 Nays -0
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)
Peter White, Real Estate Division, explained that this was a request to vacate a portion of the City's
right -of -way on Rice Street near Larpenteur Avenue for the Taco Bell Corporation. No objections have
been raised by city departments.
No one appeared in opposition.
Councilmember Lantry moved to close the public hearing and moved approval.
Adopted Yeas - 6 Nays - 0
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.
Peter White, Real Estate Division, stated that no objections had been raised to this vacation by city
department or public utilities.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and moved
approval.
Adopted Yeas - 6 Nays - 0
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.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and moved
approval.
Adopted Yeas - 6 Nays - 0
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 (J0302V2) (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 - deletion of the assessment)
Marcia Moermond, Legislative Hearing Officer, addressed each property individually.
956 East Minnehaha Avenue: Ms. Moermond stated that the Police Department had been followed up
by staff and the charge for towing and storage of the vehicle was assessed to the property owner. Since
there are no narrative reports made by the Police Department, the recommendation is to delete the
assessment.
1577 Ivy Avenue East: Ms. Moermond stated that there were two abatement orders issued; a summary
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abatement order and a vehicle abatement order. Only the summary abatement order led to an
assessment. The assessment is for $263, plus $70 in administrative costs. The vehicles were addressed,
as were the tall grass and weeds. The issue has to do with items removed from the property, and their
location, as this was an exterior property cleanup. A video tape was shown detailing the exterior of the
property.
Kathy Brisco, property owner appeared and stated she had received a vehicle abatement order and she
moved the vehicle in question, plus cut the grass. Ms. Brisco stated she did not receive a copy of any
other work to be done at that time regarding the exterior of the property and when the items were
removed, she was confused by the city's actions.
Cedric Mitchell, 1577 Ivy Avenue East, a cousin of Ms. Brisco, appeared and said that several items on
the summary abatement order were taken care of by the property owner and the City should not have
taken action.
Michael Pye, 1577 Ivy Avenue East, appeared and concurred that several items were taken by the City
that could have been used.
Councilmember Blakey moved to close the public hearing on 1577 Ivy Avenue East.
Yeas - 6Nays -0
853 Marion Street: Ms. Moermond stated that this was a vehicle abatement order, and that the property
owner was in the process of trying to get the title transferred from the previous owner to himself. For
many reasons, the title transfer did not occur.
Harold Whaler, 853 Marion Street, stated he was the intended owner of the vehicle. The transfer did not
occur because the title was not legitimate. Mr. Whaler said he had tried to work with the inspector to get
more time to clear the title. The car was removed 3 -4 days after the conversation with the inspector.
Councilmember Lantry questioned whether the inspector recalled giving extra time to Mr. Whaler. Ms.
Moermond replied that the inspector was not present at the hearing but that there were no notes in the
file to that effect.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Lantry moved to delete the assessment for 956 Minnehaha Avenue East Yeas - 6Nays -
0
Councilmember Coleman moved a layover to November 12 for the issues of 1577 Ivy Avenue East and
853 Marion StreetYeas - 6Nays - 0
70. Appeal of Jeffrey Clemons to a Summary Abatement Order for property at 180 Prescott Street.
(Legislative Hearing Officer recommends granting the appeal)
Ms. Moermond said there was confusion between the summary abatement order and a letter regarding
truth in the sale of housing and inspection requirements related to that. The property owner felt there
was a connection between the two. The property was cleaned up, and Ms. Moermond recommended
granting the appeal.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and to grant
the appeal.
Appeal granted Yeas - 6 Nays - 0
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71. Appeal of Sean Schouveller to a Summary Abatement Order for property at 873 Johnson Parkway.
(Legislative Hearing Officer recommends denying the appeal)
Ms. Moermond stated no legislative hearing was held on this appeal as the appellant did not appear at
the legislative hearing. She recommended denial of the appeal.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and to deny
the appeal.
Appeal denied Yeas - 6 Nays - 0
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.
Patricia James, Department of Planning and Economic Development, appeared and stated that the Public
Housing Agency proposed to convey a portion of their existing site to Habitat for Humanity for single
family homes. The rezoning has been requested to allow for the construction of these homes. The
Planning Commission recommended approval of the rezoning request.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approve
the application for rezoning 280 Ravoux Street from RM -3 (Multiple Family) to RM -2 (Multiple
Family) to allow single - family houses.
Motion of Intent - Application granted Yeas - 6 Nays - 0
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.
Patricia James, Department of Planning and Economic Development, stated that this was a current side
yard for a house next to the Mini -Pac Gas Station and Convenience Store, 1184 E. Maryland Avenue.
The applicant proposes to split off the side yard from the house and attach it to the business so there is
enough room to construct a car wash. Both staff and the Planning Commission recommended approval.
Leonard Paczosa, owner of the business, stated that with the increase in taxes and insurance, he was
interested in expanding the businesses. The only way to put in a car wash was to go through this process.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.Yeas - 6Nays
-0
President Bostrom stated that he felt this was not a good use of residential property. Councilmember
Lantry stated she felt there was no error made on the part of the Planning Commission and moved to
grant the application.
Motion of Intent - Application granted Yeas - 6 Nays - 0
Suspension Items
Resolution - 03 -1000 - Approving the canvass of election returns and declaring the results of the City
General Election held on November 4, 2003 in the City of Saint Paul.
Joe Mansky, Ramsey County Elections Division, presented the canvass results from the general election
held November 4, 2003. This resolution certifies the vote totals. Councilmember Benanav moved
approval.
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Adopted Yeas - 6 Nays - 0
Resolution - 03 -1001 - Appointing Lee Helgen as a City Councilmember to fill the Ward 5 vacancy of
the late Councilmember Jim Reiter and to serve in this position for the remainder of the current term
through January 5, 2004.
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0
First Reading - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative Code
to establish requirements for student dwellings including Certificate of Occupancy inspections and the
installation of hard wired smoke detectors.
Introduced and laid over to November 12 for second reading Yeas - 6 Nays - 0
Resolution 03 -1003 - Approving the decision of the Legislative Hearing Officer to grant a fence
variance for 73 Leech Street and 199 McBoal Street.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0
(Benanav not present for vote)
Councilmember Blakey stated he was concerned about the training of the firm that operates the security
of the building at 1247 St. Anthony Avenue where a youth was recently shot in response to an alleged
burglary. He proposed a resolution requesting the Department of Planning and Economic Development
to look into the security firm in question. Councilmember Coleman stated that although he felt the issue
should be looked at as a whole, he would not support the resolution as written. Councilmember Coleman
suggested that Council Research address the issue and let the Council know a good way to address these
concerns. This case is being reviewed for criminal charges, and there may be civil liability.
Councilmember Blakey concurred and Council Research will look into the issue and present information
by November 19, 2003.
ADJOURNED AT 8:12 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson December 17, 2003
Assistant Council Secretary
Submitted by:
Chris Rider
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