Minutes 12-17-2003Page 1 of 8
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 17, 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
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Public Library Board Agenda
• Ordinances
• Public Hearings
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry
Absent - 0
CONSENT AGENDA (Items 1 - 16)
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 Warren Jones, Peter Mayer, and Helmer Morvig.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Rebecca Lodahl vs. Saint Paul Arena Company, LLC, 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 January 23, 2004 at 9:30 a.m. in Room 42, St. Paul City Hall, 15 West Kellogg
Boulevard concerning all licenses held by Minnehaha Tavern, Inc. 735 White Bear Avenue North.
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4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 7, 2004 to consider the appeal of Judith Essling to a decision
of the Board of Zoning Appeals denying an appeal of the Zoning Administrator's order to remove the
second dwelling unit from the house at 2187 Bonnie Lane.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on January 7, 2004, to consider the application of Vincent Reiter for a combined
plat to create two I -2 industrial parcels at 240 Sycamore Street between Rice and BNSF Railroad.
FOR ACTION
6. Approval of minutes of November 5, 12, and 19, 2003.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -1097 - Establishing a 2003 financing and spending plan for police services provided-
at the Mellaleuca Festival on May 26, 2003 and Taste of Minnesota from July 2 through July 6, 2003.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -1098 - Reimbursing the White Bear Business Association an amount not to exceed
$4,562.35 for the White Bear Avenue Parade held on July 10, 2003.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -1099 - Approving the release of utility easement rights in a vacated alley abutting
1034 Lafond Avenue West in St. Paul.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -1100 - Memorializing City Council action taken November 19, 2003 granting 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. Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -1101 - Providing relief to developer from the interim ordinance prohibiting issuance
of building permits during the Sunray Area Zoning Study for Dots, Inc., 2139 Hudson Road.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -1102 - Memorializing City Council action taken October 1, 2003 granting the
application, with conditions, of Chanh Yang d /b /a Super Convenience Store, 922 Thomas Avenue, for a
Malt Off -Sale license.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -1103 - Concerning adverse action against the licenses held by M. Reaney, Inc., dba
Reaney's Bar, 870 Payne Avenue.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -1104 - Approving the application, per the Legislative Hearing Officer, by Holiday
Stationstores, Inc., dba Holiday Stationstore 4341, 1345 Marshall Avenue, for Malt Off Sale, Gas
Station, Restaurant 0 to 12 Seats, Retail Food Grocery, Cigarette /Tobacco, and Liquid Fuel Dealer
Licenses.
Adopted as amended; Malt Off Sale license laid over to January 7, 2004 Yeas - 7Nays - 0
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15. Resolution - 03 -1105 - Accepting a grant in the amount of $300,000 from Xcel Energy for a
photovoltaic system in the new Fern Room at the Marjorie McNeely Conservatory at Como Park.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -1106 - Authorizing the Department of Fire and Safety Services to accept the
donation of $100.00 from Fleishman Hillard Inc. for the Risk Watch Program. Adopted Yeas - 7 Nays -
0
FOR DISCUSSION
AGENDA OF THE
SAINT PAUL PUBLIC LIBRARY BOARD
OF THE CITY OF SAINT PAUL, MINNESOTA
ROLL CALL
17. Resolution L. B. 03 -007 — Adopting the Budget for Fiscal Year 2004 for the Saint Paul Public
Library Agency and adopting the 2003 Property Tax Levy Payable in 2004 for the Saint Paul Public
Library Agency's 2004 Operating and Debt Service Budgets (Laid over from December 10).
Adopted Yeas - 7 Nays - 0
CITY COUNCIL BUDGET ITEMS
18. Resolution - 03 -1086 - Adopting the 2003 City of Saint Paul Tax Levy Payable in 2004. (Laid over
from December 10)
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -1087 - Adopting the 2004 City of Saint Paul Annual Budgets. (Laid over from
December 10)
Adopted Yeas - 6 Nays -1 (Benanav)
20. Resolution - 03 -1088 - Approving the 2003 Saint Paul Housing and Redevelopment Authority
(HRA) Property Tax Levy payable in 2004 and approving the HRA 2004 Budget. (Laid over from
December 10)
Adopted Yeas - 7 Nays - 0
AGENDA OF THE HOUSING AND REDEVELOPMENT
AUTHORITY
ROLL CALL
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21. Levy of Property Tax Payable in 2004 and Adoption of 2004 Budget, Including Budgets for Tax
Increment Financing Plans, Citywide. (Laid over from December 10)
Adopted Yeas - 7 Nays - 0
CITY COUNCIL BUDGET ITEMS
22. Resolution - 03 -1089 - Approving the 2004 Saint Paul Regional Water Services Budget. (Laid over
from December 10)
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -1090 - Approving the 2004 RiverCentre Authority Budget. (Laid over from
December 10)
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -1091 - Approving the 2004 Library Agency Budget. (Laid over from December 10)
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -1092 - Concurring with action taken by the Board of Water Commissioners
establishing the water rates for 2004. (Laid over from December 10)
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -1093 - Ratifying the 2004 Sanitary Sewer rates and the 2004 Storm Sewer System
Charges. (Laid over from December 10)
Adopted Yeas - 7 Nays - 0
27. Resolution - 03 -1094 - Approving the 2004 Right -of -Way Maintenance Assessment Program
charges against benefitted properties. (Laid over from December 10)
Adopted Yeas - 6 Nays -1 (Helgen)
(A substitute attachment was presented)
28. (No item)
29. Report from the Office of Human Resources, Council Research, and the Police Chief's Office on
recommended minimum qualifications for the position of Police Chief and a process for establishing a
Police Chief Examination Committee and hiring process. (Report requested by the Council on
November 12; C.F. 03 -1013)
A report was given by Angie Nalezny, Office of Human Resources, and Marcia Moermond,
Council Research. The City Council requested that a resolution be drafted regarding the agreed
upon aspects for the selection of a nominating committee, and that the resolution be on the
December 23, 2003 City Council agenda.
30. Follow -up report from Council Research on the "Equal Access to City Contracts" Policy Session
held on November 12, 2003.
A report was given by Marcia Moermond, Council Research. The City Council requested that a
resolution be drafted forming a committee to respond to the report made by Council Research,
and that the resolution be on the December 23, 2003 City Council agenda.
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31. Resolution - 03 -1107 - Accepting the report of the Convenience Store Ad Hoc Work Group.
Adopted and referred to the Business Review Council for comment
Yeas - 7 Nays - 0
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.
32. Final Adoption - 03 -1028 - An ordinance amending Chapters 60 through 69
of the Saint Paul Legislative Code pertaining to zoning code reformatting and streamlining, adding
Traditional Neighborhood zoning districts, and related amendments. (Amended and laid over from
December 10)
Laid over to January 14 Yeas - 5 Nays - 2 (Coleman, Bostrom)
33. Final Adoption - 03 -1029 - An ordinance amending Chapter 64 of the Saint Paul Legislative Code
pertaining to the administration of the zoning code and setting fees to defray the costs of reviewing,
investigating and administering services, materials, and work performed and furnished to persons
making zoning applications to the City. (Substitute introduced and laid over from December 10)
Substitute ordinance withdrawn and original ordinance adopted
Yeas - 7 Nays - 0
34. Second Reading - 03 -1095 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code
to require Truth in Sale of Housing evaluators to report registered vacant buildings, open permits, legal
duplexes, to add an exclusion for buildings slated for demolition, and clarify and elaborate upon certain
evaluator responsibilities.
Laid over to January 7 for third reading /public hearing
35. Second Reading - 03 -1096 - An ordinance memorializing City Council action approving 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. (Public hearing held November 5, 2003)
Laid over to December 23 for third reading
36. First Reading - 03 -1108 - An ordinance memorializing City Council action granting 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. (Public hearing held November 5,
2003)
Laid over to December 23 for second reading
37. First Reading - 03 -1109 - An ordinance amending interim ordinance Council File No. 02 -1115
adopted December 26, 2002 to allow new development within the Sunray Shopping Center for Dots,
Inc., 2139 Hudson Road.
Laid over to December 23 for second reading
38. First Reading - 03 -1110 - An administrative ordinance establishing the minimum qualifications for
the vacancy for the position of Police Chief pursuant to the provisions of Section 9.01 (a) of the
Administrative Code and Section 12.12.1 of the Saint Paul City Charter.
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Laid over to December 23 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
39. Third Reading - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new
class of occupancy to be known as student housing and providing for the inspection, renewal and
enforcement of such certificates for student housing by the City's Fire Marshall.
Laid over to December 23 for final adoption
40. Third Reading - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code
pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors
in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34
of the code.
Laid over to December 23 for final adoption
41. Third Reading - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code
pertaining to minimum housing maintenance standards and inspections and for the purpose of
safeguarding life and property by establishing a smoke detector requirement for student housing
occupancies pursuant to Minn. Stat. §299F.011, Subd. 4.
Laid over to December 23 for final adoption
42. Third Reading - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code
to remove outdated language relative to appropriate dress.
Laid over to December 23 for final adoption
43. Resolution - 03 -1111 - Concerning adverse action against all licenses held by Twin Star VFW Post
8854, 820 Concordia Avenue.
Adopted as amended Yeas - 5 Nays - 2 (Benanav, Lantry)
44. Public hearing to consider the report of the Administrative Law Judge concerning the Currency
Exchange License Renewal Application of New Money Express, Inc., 785 7th Street East.
Adopted findings of fact, recommendations, and conclusions of the Administrative Law Judge -
Application Granted
Yeas - 7 Nays - 0
45. Public hearing to consider the report of the Administrative Law Judge concerning the application for
Massage Practitioner and Massage Center (A) Licenses by Eric Weisman, d /b /a Eric Weisman &
Assoc., P.A., 287 Sixth Street.
Adopted findings of fact, recommendations, and conclusions of the Administrative Law Judge -
Application Denied
Yeas - 7 Nays - 0
46. Resolution - 03 -1112 - Approving the petition of Mark Gergen to vacate a portion of Curtice Street
between Hall and Humboldt Avenues to further develop the vacated street and surrounding property
with new homes.
Adopted Yeas - 7 Nays - 0
47. Resolution - 03 -1113 - Approving the petition of the City of Saint Paul, on behalf of the Division of
Parks and Recreation, to vacate a part of Winifred Street lying northeasterly of Ada Street to
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accommodate the expansion of the Neighborhood House facility.
Adopted Yeas - 7 Nays - 0
48. Resolution - 03 -1114 - Ordering the owner to remove or repair the building(s) at 1863 Iglehart
Avenue with fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation provided the following is completed by noon
on December 17, 2003: 1) the real estate transaction is completed; 2) the code compliance inspection has
been scheduled; and 3) the $2,000 bond is posted.)
Laid over to December 23 Yeas - 7 Nays - 0
49. Resolution - 03 -1115 - Approving an increase in the Sewer Availability Charge (SAC) from $1,275
to $1,350 beginning January 1, 2004.
Adopted Yeas - 7 Nays - 0
50. Resolution - 03 -1116 - Revising the existing three blocks of Area 3 Permit Parking within the
William Mitchell Law School on Portland Avenue and Milton Street.
Adopted Yeas - 7 Nays - 0
51. Resolution - 03 -1117 - Approving a registered land survey for the area bounded by 10th, Wacouta,
9th, and Sibley Streets in the North Quadrant to allow for construction of 60 new units of affordable
senior rental housing (Lyons Court Senior Housing) and conversion of an existing office building into
50 units of ownership housing.
Adopted Yeas - 7 Nays - 0
52. Final Order - 03 -1118 - In the matter of construction of new bituminous streets with concrete curb
and gutter, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, new
lantern style street lighting system lead water service replacements, and sanitary sewer repairs in the
Davern- Bayard RSVP Project bounded by Randolph Ave., Snelling Ave., Ford Parkway, and Cleveland
Avenue. (File No. 18998 & 18998C)
Adopted as amended; the portion of Norfolk Avenue from Davern Street to Gannon Road was
laid over to December 23 Yeas - 7Nays - 0
53. Final Order - 03 -1119 - In the matter of the installation and operating costs for the above standard,
twin lantern lighting system on West 7th Street from Munster Avenue to Madison Avenue, and setting
date of public hearing for December 17, 2003. (File Nos. 18999 and 19000)
Adopted Yeas - 7 Nays - 0
54. Final Order - 03 -1120 - In the matter of constructing Phalen Boulevard from Payne Avenue to
Arcade Street. (File No. 19001)
Adopted Yeas - 7 Nays - 0
55. Public hearing to consider the application of Wesland, LLC to rezone property at the southeast
corner of Marshall and Western Avenues from P -1 (Parking) to RM -2 (Multiple Family Residential).
(The public hearing will be laid over to January 7)
Laid over to January 7 Yeas - 7 Nays - 0
56. Public hearing to consider the appeal of Andrea Hauser to a decision of the Planning Commission
approving a site plan for a mixed -use development at 1060 Grand Avenue.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 1 (Lantry)
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57. Public hearing to consider the appeal of Yang Yang, 762 Case Avenue, to a decision of the Board of
Zoning Appeals denying a variance of the off - street parking requirements in order to establish a
restaurant at 1177 Clarence Street.
Laid over to January 7 Yeas- 7 Nays - 0
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