Minutes 10-8-2003Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 8, 2003 - 3:30 p.m.
Policy Session and Public Hearing
(Item 47)
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
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 0
Council President Dan Bostrom and the City Councilmembers remembered Councilmember Jim Reiter,
who passed away on October 7, 2003. A moment of silence was held in his honor.
CONSENT AGENDA (Items I -19)
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 Jennifer Ackerman, Theresa Beaulier, Jeff Bierschbach, Paige J. Donnelly, LTD, (attorney
for Michael Fisher), Raymond Fernow, and Barbara Sarapas.
Referred to the Risk Management Division
2. Garnishment Summons in the matter of Buck Blacktop, Inc. V. Nadeau Utility, Inc. (The City of St.
Paul owes money to the Judgment Debtor, Nadeau Utility, Inc. for work performed on the Two Rivers
Overlook project.)
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Yeng Thao, Peter Yang, and Michelle Yang, as co- trustees
for the heirs and next of kin of Ki Yang, deceased, vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 22, 2003, 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.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on October 22, 2003, 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.
6. Administrative Orders:
D002331 Amending the budget for STAR funds awarded through the Neighborhood Investment
Initiative Program for 920 Selby Avenue and Raspberry Island Landscaping projects.
D002332 Authorizing the Police Department to remit an amount not to exceed $300.00 to Byerly's,
1059 Suburban Avenue, for food service for participants in the Crime Free Multi- Housing Program's
Phase L Rental Property Owners and Managers training on October 15, 2003.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Resolution - 03 -902 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49, and Local 132 to modify Appendix A, Section H of the 2003 -2004
Collective Bargaining Agreement. (To be laid over one week for adoption)
Laid over to October 15 for adoption
8. Resolution - 03 -903 - Honoring KFAI Radio for 25 years of operation.
Adopted Yeas - 6 Nays - 0
9. Resolution - 03 -904 - Authorizing the Port Authority of the City of Saint Paul to issue Bonds for
District Cooling.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -905 - Approving the decision of the Legislative Hearing Officer on Appeals of
Letters of Deficiency, Correction Notices, and Correction Orders for 529 Sherburne Avenue.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -906 - Approving the application for an Auto Repair Garage License by Timothy S.
Gleason, owner, Winnie & Sons, Inc., dba Precision Tune Auto Care, 360 Snelling Avenue South.
(Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 6 Nays - 0
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12. Resolution - 03 -907 - Approving the decision of the Legislative Hearing Officer on appeals of fence
variance denials for 176 Richmond Street and 1883 Cottage Avenue East. Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -908 - Supporting capital improvement projects in Saint Paul for submission and
consideration in the Governor's 2004 State of Minnesota Capital Improvement Bonding Program.
Laid over to October 15
14. Resolution - 03 -909 - Amending Council File 277173, adopted July 21, 1981, relieving the Univar
Corporation of its obligation to maintain a $5,000 bond as required by a condition of a 1981 street
vacation as a bond is no longer required in vacations.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -910 - Supporting Congressional legislation allowing the placement of a portion of a
retiree's pension into a tax -free account to be withdrawn on a tax -free basis for allowable health care
expenses.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -911 - Adopting the findings of fact related to demolition of buildings located in
proposed future Westminster Junction Business Center tax increment financing district.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -912 - Authorizing the developers of 1721, 1727 and 1729 Old Hudson Road to apply
for and, if approved, receive the zoning or building permits necessary to undertake the construction of
their proposed development, pending the official amendment of Council File No. 02 -1115.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -913 - Authorizing Boston Healthcare to apply for and, if approved, receive the
zoning or building permits necessary to undertake the construction of their proposed development at
1865 Old Hudson Road, pending the official amendment of Council File No. 02 -1115.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -914 - Memorializing City Council action taken May 28, 2003, denying the appeal of
Clear Channel Outdoor Advertising of a Planning Commission decision that denied the company a
repair permit to restore the west - facing billboard sign on the rooftop at 1521 Selby Avenue.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
20. 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 August 6) (Legislative Hearing
Officer recommends approval)
Laid over to November 5 Yeas - 6 Nays - 0
21. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan
Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine
Zimmer Lonetti to the Planning Commission. (Laid over from September 24) (A report was requested
on March 26 from the Administration pertaining to term limits for Planning Commission appointments
and geographic diversity. Also, an opinion was requested from the City Attorney on this issue.)
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Adopted as amended Yeas - 6 Nays - 0
22. Final Order - 03 -864 - In the matter of the operating costs for the Above Standard Street Lighting
Systems for 2004 for projects in Wards 1, 2, 3, 4, and 7. (Laid over from September 24)
Laid over to October 15 Yeas - 6 Nays - 0
23. Final Order - 03 -866 - In the matter of the operating costs for the Above Standard Street lighting
Systems (twin acorn) for 2004 for both sides of East 7th Street from Wacouta Street to Temperance
Street; north side of East 7th Street from Temperance Street to approximately 60 feet west of
Temperance Street, and the south side of East 7th Street from Temperance Street to Jackson Street to
become part of the new Downtown Acorn Area. (File No. 18994) (Laid over from September 24)
Adopted Yeas - 6 Nays - 0
24. Resolution Ratifying Assessment - 03 -915 - In the matter of the assessment of benefits, cost and
expenses for the operation of the Above Standard Street Lighting System for the Ford - Cleveland Area.
(File 4 183 90) (Laid over from September 24)
Laid over to October 15 Yeas - 6 Nays - 0
25. Resolution - 03 -875 - Adopting the FY2003 Large Neighborhood STAR Program.
(Laid over from October 1)
Adopted Yeas - 6 Nays - 0
26. Resolution - 03 -880 - Concerning adverse action against the licenses held by San Pelino, Inc., d /b /a
Pelino, 1905 Stillwater Avenue. (Laid over from October 1)
Adopted Yeas - 6 Nays - 0
27. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from
October 1)
Laid over to November 19 Yeas - 6 Nays - 0
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.
28. Second 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 22 for third reading /public hearing
29. Second 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 October 22 for third reading /public hearing
30. Second Reading - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
Laid over to October 22 for third reading /public hearing
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31. Second 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 22 for third reading /public hearing
32. Second 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 22 for third reading /public hearing
33. Second 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 22 for third reading /public hearing
34. Second 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 22 for third reading /public hearing
35. Second 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 22 for third reading /public hearing
36. Second 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 22 for third reading /public hearing
37. Second 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 22 for third reading /public hearing
38. Second 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 22 for third reading /public hearing
39. Second 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 October 22 for third reading /public hearing
40. Second 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
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fees.
Laid over to October 22 for third reading /public hearing
41. Second 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 22 for third reading /public hearing
42. Second 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 22 for third reading /public hearing
43. First 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 October 15 for second reading
44. First Reading - 03 -917 - An ordinance amending Saint Paul Legislative Code Chapter 407, Reports,
by striking the obsolete reports section.
Laid over to October 15 for second reading
45. First 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 October 15 for second reading
46. First 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 October 15 for second reading
47. POLICY SESSION
The Policy Session topic, Promoting Equal Access to City Contracts, was laid over to November 12.
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.
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(Subject to change). Also, the City Council and HKA 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 S: 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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