Minutes 10-1-2003Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 1, 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 -8560
Vicki Sheffer - 651 - 266 -8673
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Items
• For Discussion
• Ordinances
• Public Hearings
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I -18)
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 Mary Bies, Juan Chavez, Norman Cohen, Luke Hannigan, Vega Gonzales, Krueger Law
Firm (for Youa Thao Vue), Anthony and Wendy Ledo, LouAnn Norquist, Bruce S. Smith, and Susan
Williamson.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Edward McDonald v. the City of Saint Paul, Mayor Randy
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Kelly, et al.
Referred to the City Attorney's Office
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on October 8, 2003, at 9:30 a.m., in Saint Paul City Hall, 15 West Kellogg Boulevard, Room 220,
Conference Room B, regarding all licenses held by Darp Corporation, d /b /a Fitti's, 828 Seventh Street
East.
4. Letter from the Citizen Service Office /Division of Property Code Enforcement, declaring 1235
Margaret Street as nuisance property. (For notification purposes only; a public hearing will be scheduled
at a later date if necessary.)
5. Administrative Order:
D002330 Authorizing the Police Department to remit an amount not to exceed $350.00 to Byerly's,
1959 Suburban Avenue, to cover expenses for food service for participants in the Police Department's
Professional Development Institute seminar on Interview and Interrogation.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 03 -870 - Requesting City Council approval to formalize the current Friendship between
the City of Manzanillo in the State of Colima, Mexico and the City of Saint Paul, Minnesota, USA.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -871 - Accepting a "good will" gift of a six -foot Sailfish statue valued at $30,000
presented to the City of Saint Paul from the City of Manzanillo and the State of Colima, Mexico.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -872 - Authorizing the Department of Fire and Safety Services to accept donations of
$5,000 from the Saint Paul Companies and $2,000 from Health Partners for the Risk Watch Program.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -873 - Amending the 2003 financing and spending plan for police security services
provided to the Saint Paul Arena Company.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -874 - Approving the renaming of Old Shepard Road to Randolph Avenue.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -875 - Adopting the FY2003 Large Neighborhood STAR Program.
Laid over to October 8 Yeas - 7 Nays - 0
12. Resolution - 03 -876 - Memorializing City Council action taken April 2, 2003, denying the appeal of
Mark Voerding, James Hirsh, Thomas Darling and William Sell to a decision of the Planning
Commission approving a conditional use permit and variances for a carriage house dwelling at 449
Portland Avenue.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 03 -877 - Concerning adverse action against the Massage Practitioners license held by
James E. Hubman.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -878 - Concerning adverse action against the Solid Waste Hauler license held by
Randy Lee, d/b /a R L B Garbage.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -879 - Concerning adverse action against the City Contractor license held by Brian J.
Tankersley d /b /a Tankersley Construction.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -880 - Concerning adverse action against the licenses held by San Pelino, Inc., d /b /a
Pelino, 1905 Stillwater Avenue.
Laid over to October 8 Yeas - 7 Nays - 0
17. Resolution - 03 -881 - Scheduling a public hearing for November 5, 2003, for ratification of the 2004
sanitary sewer and storm sewer rates.
Adopted Yeas - 7 Nays - 0
18. 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 to October 22 for a public hearing Yeas - 7 Nays - 0
FOR DISCUSSION
19. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise.
Laid over to October 8 Yeas - 7 Nays - 0
ORDINANCES NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY CO UNCIL. IT IS
READ AT FO UR SEPARATE CO UNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE
BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
20. Final Adoption - 03 -832 - An ordinance amending interim ordinance Council File 01 -648, adopted
November 20, 2000, which imposed a moratorium on the use of property in the area presently under
study for the Arcade Street Area Study pending completion of the study and any possible amendments
to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
(Dollar Tree Store).
Adopted Yeas - 7 Nays - 0
21. First 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.
Laid over to October 8 for second reading
22. First 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
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months, as permitted under Minn. Statute §462.355, Subd. 4.
Laid over to October 8 for second reading
23. First Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
Laid over to October 8 for second reading
24. First 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.
Laid over to October 8 for second reading
25. First 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.
Laid over to October 8 for second reading
26. First 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 %.
Laid over to October 8 for second reading
27. First 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.
Laid over to October 8 for second reading
28. First 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.
Laid over to October 8 for second reading
29. First 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.
Laid over to October 8 for second reading
30. First 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.
Laid over to October 8 for second reading
31. First 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.
Laid over to October 8 for second reading
32. First 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
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fees.
Laid over to October 8 for second reading
33. First 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.
Laid over to October 8 for second reading
34. First 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.
Laid over to October 8 for second reading
35. First 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.
Laid over to October 8 for second reading
PUBLIC HEARINGS
36. Resolution 03 -899 - Ratifying the 2003 Right -of -Way Maintenance Assessment Program charges to
be assessed against benefitted properties. Adopted Yeas - 7 Nays - 0
37. Resolution Ratifying Assessment - 03 -900 - In the matter of approving the assessment of benefits,
costs and expenses for the Wheeler/Iglehart Area Paving and Lighting Project. (File No. 18957)
Adopted Yeas - 7 Nays - 0
38. Resolution Ratifying Assessment - 03 -901 - In the matter of approving the assessment of benefits,
costs and expenses for the Edgebrook/Morningside Area Paving and Lighting Project. (File No. 18973)
Adopted Yeas - 7 Nays - 0
39. Appeal of John Schlottke to a Summary Abatement Order and Vehicle Abatement Order for
property at 1876 Chelton Avenue. (Legislative Hearing Officer recommends denying the appeals)
Appeals Denied Yeas - 7 Nays - 0
40. Public hearing to consider the report of the Administrative Law Judge concerning the Malt Off -Sale
license application submitted by Chanh Yang d /b /a Super Convenience Store, 922 Thomas Avenue.
Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law
Judge (Application Granted with Conditions)
Yeas - 7 Nays - 0
41. Public hearing to consider the appeal of Phil Gerlach and Ted Peller to a decision of the Board of
Zoning Appeals approving a height variance in order to build an addition to the rear of the existing
house at 2012 Iglehart Avenue.
Laid over to October 15 Yeas - 7 Nays - 0
42. Public hearing to consider the appeal of Robert Clapp, River Run Properties, to a decision of the
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Board of Zoning Appeals denying three variances in order to split property and create a new and
buildable lot at 1016 McLean Avenue.
Motion of Intent - Appeal Granted Yeas - 6 Nays -1 (Lantry)
43. Public hearing to consider 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.
Motion of Intent - Application Granted Yeas - 6 Nays - 0 (Coleman not present for vote)
44. Public hearing to consider the application of Stonebridge Development and Acquisition, LLC for a
combined plat to create four lots for new residential development at Davern St., Norfolk Ave., W. 7th
St., and Munster Ave.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
45. Public hearing concerning the Notice of Violation issued to Comcast of St. Paul, Inc. by the City's
Office of Cable Communications regarding Article I §109(e) of the cable television franchise. (Public
hearing continued from August 27)
A public hearing was held
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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