Minutes 10-22-2003Page 1 of 9
ACTION 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 -8673
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Items
• For Discussion
• Ordinances
Present - 6 - Benanav, Blakey, Bostrom Coleman, Harris, Lantry
Absent - 0
CONSENT AGENDA (Items I - 22)
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 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
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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.
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
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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,
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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. Resolution - 03 -946 - Establishing the year 2004 Residential Street Vitality Program assessment
rates.
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.
Adopted Yeas - 6 Nays - 0
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. Resolution - 03 -950 - Amending and /or closing the spending and financing plans of various capital
project accounts in the Department of Public Works.
Adopted Yeas - 6 Nays - 0
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
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.
Substitute introduced and adopted Yeas - 6 Nays - 0
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
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Avenue, and setting date of public hearing for December 17, 2003.
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)
No action taken
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 to discuss Meritex litigation - No action taken
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
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
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.
Laid over to November 5 for final adoption
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.
Laid over to November 5 for final adoption
29. Third Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
Laid over to November 5 for final adoption
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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.
Laid over to November 5 for final adoption
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.
Laid over to November 5 for final adoption
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 %.
Laid over to November 5 for final adoption
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.
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.
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.
Laid over to November 5 for final adoption
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 l0 %, 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 November 5 for final adoption
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.
Laid over to November 5 for final adoption
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.
Laid over to November 5 for final adoption
39. Third Reading - 03 -896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code
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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 November 5 for final adoption
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.
Laid over to November 5 for final adoption
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.
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.
Laid over to November 5 for final adoption
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)
Laid over to November 5 for final adoption
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)
Laid over to November 5 for final adoption
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)
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.
Adopted Yeas - 4 Nays - 0
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.
Adopted Yeas - 4 Nays - 0
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)
Adopted Yeas - 4 Nays - 0
49. Resolution Ratifying Assessment - 03 -958 - In the matter of approving the assessment for the
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replacement of lead water service connections done during 2002 and 2003 at the request of the affected
property owners. (File No. 03LDSCRPL)
Adopted Yeas - 4 Nays - 0
50. Resolution Ratifying Assessment - 03 -959 - In the matter of the assessment of benefits, costs and
expenses for the Margaret /Atlantic Are Paving and Lighting Project. (File No. 18961)
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) - laying over to the October 30, 2003 Legislative
Hearing
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) - laying over Public Hearing to November 5,
2003 City Council meeting
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) - laying over to the October 30, 2003
Legislative Hearing
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
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 laying over to the October 30, 2003 Legislative
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Hearing
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
Additional address for consideration:
1140 Albemarle (J0306A) - spreading the payment of the assessment over a five -year period.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5Nays - 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 spreading payments over a five -year period
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) - reduce assessment by 75% - $125 for assessment and $20 in
fees for a total of $145
956 Minnehaha Avenue East (J0302V) - laying over Public Hearing to November 5, 2003 City Council
meeting
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 laying over to the October 29, 2003
Legislative Hearing
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 laying over Public Hearing to November 5, 2003 City Council meeting
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)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5Nays - 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.
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.
Motion of Intent - Appeal Granted Yeas - 5 Nays - 0
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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
Suspension Item:
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
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
Resolution - 03 -964 - Establishing a moratorium on billboard renovations pending Planning
Commission study of proposed Zoning Code amendments.
Adopted Yeas - 6 Nays - 0
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
REMINDER: THERE WILL NOT BE A CITY COUNCIL MEETING ON OCTOBER 29 SINCE IT IS
THE FIFTH WEDNESDAY OF THE MONTH.
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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